HomeMy WebLinkAboutPW Francisco Blvd West MUP____________________________________________________________________________________
FOR CITY CLERK ONLY
File No.: 245 x 9-3-40
Council Meeting: 12/04/2017
Disposition: Resolutions 14428 and 14429
Agenda Item No: 7.c
Meeting Date: December 4, 2017
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Bill Guerin,
Public Works Director
Paul Jensen,
Community Development Director
City Manager Approval: ______________
TOPIC: FRANCISCO BLVD. WEST MULTI-USE PATHWAY
SUBJECT: FRANCISCO BLVD. WEST MULTI-USE PATHWAY (MUP) – REQUEST TO ADOPT:
A) RESOLUTION ADOPTING A MITIGATED NEGATIVE DECLARATION AND
APPROVING A MITIGATION MONITORING AND REPORTING PROGRAM (MMRP);
AND B) RESOLUTION APPROVING THE PRELIMINARY DESIGN AND A VARIANCE
(V17-009) TO REDUCE THE MINIMUM REQUIRED 50-FOOT WETLAND SETBACK
FOR THE MULTI-USE PATHWAY.
RECOMMENDATION:
Staff recommends that the City Council hold a public hearing and:
1. Adopt the attached resolution(s):
a. Adopting the Initial Study/Mitigated Negative Declaration and Approving the Mitigation
Monitoring and Reporting Program (MMRP) for the Francisco Boulevard West Multi-Use
Pathway (Attachment 1); and
b. Approval of the preliminary design and a Variance for a reduced wetland setback for the
Francisco Boulevard West Multi-Use Pathway.
BACKGROUND:
The Sonoma Marin Area Rail Transit District (SMART) is moving forward with its Larkspur Extension
project, which will extend the rail service from downtown San Rafael to Larkspur Landing. SMART has
completed its 30% plan, has hired the design-build firm of Stacey-Witbeck-Hertzog, and has started
construction. The construction phase of the Larkspur Extension is anticipated to be complete by the
end of 2018 with rail testing to follow.
SMART’s Larkspur Extension project does not include a multi-use pathway parallel to the rail line. The
City’s Bicycle and Pedestrian Advisory Committee (BPAC) has received comments from the public
noting that it is possible to install a multi-use pathway parallel to the tracks from Second Street to
Andersen Drive. In the fall of 2015, the County of Marin received a grant from the Transportation
Authority of Marin (TAM) to determine if a pathway could be installed adjacent to the rail from Second
Street to Rice Drive. The County hired ALTA Planning and Design to conduct a feasibility study. On
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
July 18, 2016, ALTA presented their draft report to the San Rafael City Council and finalized their report
on August 22, 2016. ALTA Planning and Design concluded that a pathway from Second Street to
Andersen Drive is possible.
Design of the pathway was included in the 2016/17 Capital Improvement Program, presented to the
City Council on June 6, 2016, but without adequate funding at that time. On November 2, 2016 TAM
announced the availability of $250,000 in One Bay Area Grant (OBAG 2) funding for this project. In the
fall of 2016, the City released a Request for Proposals (RFP) for design and engineering firms to
prepare conceptual plans, environmental clearance documents and construction level plans for the
proposed pathway project from Second Street to Anderson Drive. On January 17, 2017 the San Rafael
City Council authorized the City Manager to execute a professional services agreement with ALTA
Planning and Design for the environmental and conceptual design for the Francisco Blvd. West Multi-
Use Pathway from Second to Andersen Drive.
While ALTA Planning and Design has been finalizing the environmental documentation for this project,
on November 6, 2017 the San Rafael City Council authorized the City Manager to execute an
agreement with BKF Engineers to finalize the design of the Second to Andersen Multi-Use pathway.
ANALYSIS:
MUP Design
City staff has reviewed the preliminary design of the Multi-Use Pathway from Second Street to
Andersen Drive (the “MUP”) prepared by ALTA Planning and Design. This 30% plan set identifies
several areas requiring modifications to other City systems in order to install the MUP. For example,
the intersection of Irwin Street and Francisco Blvd. West is an exceptionally constrained area to install
SMART’s double rail tracks, a roadway, maintain an existing open ditch, and install a new MUP. In
order to allow the installation of the MUP in this area the roadway lane widths were narrowed to 13 feet
and the new MUP needs to be installed across the top of the existing open channel.
The design of the MUP from Rice to Andersen will require additional wall systems and structures that
will overhang the existing open ditch. City Staff and ALTA Planning and Design have approached the
regulatory agencies regarding work adjacent to the existing open ditch such that completely filling in, or
fully culverting, the ditch is not possible. In addition, the alignment of the pathway next to the rail will
require some additional retaining walls and structures to support the MUP. The ditch is a human-made
ditch and is not tidally influenced; however this area is considered as a wetland. These improvements
will be within 15 feet of the center of the existing open channel ditch and as such will require a variance.
Based on Staff’s review of the original conceptual design prepared by ALTA Planning and Design, the
installation of a MUP from Second Street to Andersen Drive is possible and staff recommends adopting
the mitigated negative declaration associated with this project. Upon City Council approval of the
preliminary design for the MUP, the Public Works Director will proceed with authorizing BKF Engineers
to move forward with the final design of the MUP.
Variance for Reduction in Required Wetland Setbacks
A Variance is required to permit encroachment within the minimum, development-free, 50-foot wetland
setback/buffer. The proposed setback is substantially less than this minimum recommended by
General Plan Policy CON-4 and required by SRMC Section 14.13.040.B.2 (Wetland Overlay District).
To approve a Variance, findings must be made to demonstrate conditions of special or unusual
circumstances and that the resulting action would not be detrimental to the public health or injurious to
property or improvements in the vicinity of the development site. For this proposal, the required
findings can be made. First, the presence of a jurisdictional wetland contiguous to the project site is
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
unique and unusual as this condition is not present on other properties in the immediate area. Second,
full compliance with the minimum 50-foot setback would not be possible, as it would not result in
adequate land area for the MUP, Francisco Blvd. West and the SMART right-of-way. Lastly, given the
limited value of the wetland and recommendation for protective fencing and landscaping, the granting of
the Variance would not be detrimental to the public health or injurious to other properties in the area.
Findings supporting the approval of the Variance are provided in the attached resolution (Attachment
2).
Environmental (CEQA) Review:
In 2005, SMART prepared and certified the Sonoma Marin Area Rail Transit Final Environmental
Impact Report (FEIR). This FEIR analyzed the environmental impacts of developing the SMART
commuter rail system from Cloverdale to Larkspur, including the associated infrastructure and an
accompanying multi-use pathway. The FEIR includes the impacts and identified mitigation measures
for permitting and constructing the SMART rail system from Downtown San Rafael to Larkspur.
However, in terms of the MUP assessment for this segment, the FEIR assesses a separate pathway
alignment, which follows Andersen Drive. Therefore, CEQA review of the proposed MUP alignment
running parallel to Francisco Boulevard West and Andersen Drive to Mahon Creek needs to be
completed.
The proposed Francisco Boulevard West MUP development is defined as a “project” under the
provisions of California Environmental Quality Act (CEQA) Guidelines and is therefore subject to
environmental review. The City is responsible for approving and constructing the MUP. For this
reason, the City is serving as the lead in preparing the environmental document to comply with CEQA
Guidelines. As a sub-consultant to ALTA Planning and Design, LSA Associates, Inc. was hired to
complete the environmental document required for this project.
Per CEQA Guidelines Section 15063, an Initial Study was prepared to determine the potential
environmental impacts of the at-grade crossing project. As a base for preparing the Initial Study, LSA
relied, in part on a NEPA (National Environmental Protection Act) Environmental Assessment for
SMART (Downtown San Rafael to Larkspur Extension Environmental Assessment- SMART; December
2014), which analyzed the impacts of the SMART Phase 2 extension from Downtown San Rafael to
Larkspur. The Initial Study concludes that the project will result in significant environmental impacts
related to: air quality; biological resources; cultural resources; hydrology and water quality; noise; and
transportation/traffic. However, measures have been identified and recommended which can reduce all
significant environmental impacts to a less-than-significant level. Consequently, the Initial Study
recommends the adoption of a Mitigated Negative Declaration. A summary of the key areas studied
and presented in the Initial Study is as follows:
1. Air Quality. The project will result in temporary air quality impact associated with construction.
Mitigation Measure AIR-1 is recommended, which requires the application of best practice
measures for construction recommended by the Bay Area Air Quality Management District
(BAAQMD).
2. Biological Resources. The project area includes a seasonal wetland and channel adjacent to
Francisco Boulevard West and the SMART right-of-way. The seasonal wetland and channel
are subject to the jurisdiction of the US Army Corps of Engineers. Along segments of this
channel, the MUP is designed to: a) cantilever over the channel (approximately 2,170 square
feet of ditch bank); and b) fill a 716 square foot portion of the channel, placing this area in a
culvert. Consistent with General Plan 2020 Policies CON-3 (Wetland Protection and Mitigation)
and CON-4 (Wetland Setbacks), and the provisions of the San Rafael Municipal Code Chapter
14.14 (Wetland Overlay District), LSA has analyzed the seasonal wetland and channel. LSA
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
concluded that the 716 square foot portion of fill is eligible for a “waiver” of the “no fill” policy and
the minimum 2:1 mitigation requirement in that:
a. The size of the impacted area is less than 0.1 acres;
b. The area is isolated and is not directly connected with or hydrologically-linked by natural
flow; and
c. LSA biologists find that preservation of the proposed fill area is not practical as it would
not result in a functioning biological resource because of its isolation.
Currently a small portion of the ditch was culverted near Rice Drive. The project includes the
removal of this culvert system, which will create additional wetland area in exchange for
installing a similar length of culvert near Irwin Street where access for the MUP is limited.
Further, the City and LSA consulted with the appropriate regulatory agencies regarding the
proposed exchange of wetland area and setback. The consultation resulted in an agreeable 1:1
mitigation replacement of the fill (860 square feet of newly created wetland located 300 feet
north of Rice Drive). Mitigation Measure 3a recommends a detailed wetland mitigation and
monitoring plan.
The Initial Study also analyzed construction impacts on potential biological resources.
Mitigation measures are recommended to address potential habitat impacts to the San Rafael
Creek (Mitigation Measure BIO-1a and BIO-1b), impacts to nesting birds in trees and shrubs
that are within the construction zone (Mitigation Measures BIO-2a, 2b, 4 and 5).
3. Cultural Resources. According to the City of San Rafael Archaeological Resource Sensitivity
Map (2001), the project site is in an area of “low sensitivity.” Within the last 30 years,
approximately two dozen archaeological resource assessments were conducted in the general
area of the project and no archaeological resource sites were recorded. However, as this
project is subject to environmental review, Public Resources Code Sections 21080.3.1 and
21080.3.2 (AB 52) requires that the City initiate and offer consultation to the local Native
American tribe, the Federated Indians of Graton Rancheria (Federated Indians). An offer of
tribal consultation was made but the City received no response from the Federated Indians.
Nonetheless, Mitigation Measure CULT-1 recommends that a qualified archaeologist be on-site
during construction-related ground disturbance activities (grading and excavation). In addition,
Mitigation Measure CULT-2 requires that If resources are encountered during construction,
appropriate protocols will be implemented.
4. Hydrology and Water Quality. Given the direct and indirect impacts to a seasonal wetland and
channel, the Initial Study recommends that an Erosion and Sediment Control Plan be developed
and implemented during construction (Mitigation Measures WQ-1).
5. Noise. The project site is primarily bordered by non-residential land uses. However, there are
several sensitive noise receptors in the general area. The City of San Rafael Noise Ordinance
(SRMC Chapter 8.13) sets forth exemptions for construction noise associated with City
construction projects. However, Mitigation Measure NOI-1 is recommended, which requires
implementing noise attenuation measures during construction and following the construction
hours prescribed in the Noise Ordinance.
The Initial Study/Mitigated Negative Declaration has been posted on the City of San Rafael website,
SMART webpage, which can be accessed for review via the following link:
http://www.cityofsanrafael.org/multi-ue-pathway/.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
A Notice of Public Review and Intent to Adopt the Initial Study/Negative Declaration was published on
October 27, 2017. As the project requires permits/approvals from at least one State agency, a
minimum 30-day public review period on the Initial Study/Mitigated Negative Declaration is required per
CEQA Guidelines Section 15073. The public review period closed on November 27, 2017.
As of November 16, 2017 staff has received several comments regarding the notice related to the Initial
Study/Mitigated Negative Declaration. However, the comments are not substantial nor do they require
and edits or amendments to the environmental document.
The Initial Study/Mitigated Negative Declaration has been prepared and made available for public
review in accordance with the CEQA Guidelines and the City of San Rafael Environmental Assessment
Procedures Manual. Therefore, adoption of this document is recommended to approve the preliminary
design and Variance, and to proceed with the final design of the project. A resolution is attached
(Attachment 1).
CEQA Guidelines Section 15097 requires that the lead agency prepare and approve a Mitigation
Monitoring and Reporting Program (MMRP). The MMRP is required to list all recommended mitigation
measures and identify how and when these measures will be satisfied or met as the project is
implemented. An MMRP has been prepared and is presented in Attachment 1, Exhibit A for approval
concurrent with action to adopt the Initial Study/Mitigated Negative Declaration.
FISCAL IMPACT:
Currently this project has a budget total of $1.25 million. The development of the preliminary design by
ALTA Planning and Design and the finalization of the design documents by BKF Engineers have
utilized a total of $695,024 of the project budget leaving $554,976 currently available for construction.
In the fall of 2016 and in May of 2017 the City submitted applications for ATP and Urban Greening
Grants. Unfortunately, this project was not selected to receive either grant. The original estimate noted
in the ATP grant application was $3.5 million for the construction, which did not include the additional
wall systems. The latest estimates for the construction is in the $4 to $4.5 million range.
Timing for the construction of the MUP is important. The best situation possible would be for SMART’s
contractor to construct the MUP at the same time the rail is being installed. SMART’s contractor is
performing the same character of work and they are willing to add this to their contract as a change
order. Based on this, the City is moving forward with developing the design as soon as possible.
However, adequate funding for the construction has not been identified at this time. Constructing the
MUP after SMART completes their Larkspur Extension and has active train service in place will be
much more difficult and costly due to the constrained area between the rail and the open ditch.
COMMUNITY OUTREACH AND NOTICING:
The City’s Bicycle Pedestrian Advisory Committee (BPAC), which meets every two months, has
received comments from the public and has noted that providing this North-South connection is one of
the BPAC’s highest priorities. City Staff has updated this committee bimonthly on the status of the
project as well as the applications for additional funding.
In addition to the CEQA Notice of Intent to adopt a Mitigated Negative Declaration, property owners,
residents and businesses along and bordering the planned MUP alignment were provided notice of this
public hearing (see Attachment 4). Further, notice of the project was published in the City Manager’s
newsletter Snapshot and the City website.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 6
As noted above, correspondence has been received on this project and on the Initial Study/Mitigated
Negative Declaration.
A Notice of Public Hearing for this item was published in the Marin IJ on November 24, 2017.
OPTIONS:
The City Council has the following options:
1. Adopt the resolutions (2), as proposed;
2. Reject the Initial Study/Mitigated Negative Declaration and direct staff to prepare revisions to
this report; or
3. Continue the matter and direct staff to return with more information.
RECOMMENDED ACTION:
Hold a public hearing and adopt resolutions (2).
ATTACHMENTS:
1. Resolution adopting the Mitigated Negative Declaration and approving the Mitigation
Monitoring and Reporting Program (Exhibit A)
2. Resolution approving the preliminary design and Variance
3. Public hearing notice
4. Correspondence and comments received as of November 16, 2017
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
Mitigation Monitoring and Reporting Program 13 Francisco Boulevard West Multi-Use Pathway
Anderson Drive to Mahon Creek Pathway
2-1
RESOLUTION NO. 14429
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING:
A) THE PRELIMINARY DESIGN FOR THE FRANCISCO BOULEVARD WEST MULT-
USE PATHWAY (MUP); AND B) A VARIANCE (V17-009) TO REDUCE THE
MINIMUM REQUIRED 50-FOOT WETLAND SETBACK
FOR THE MULTI-USE PATHWAY
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 the Larkspur Extension 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). SMART’s Larkspur Extension
is under construction; and
WHEREAS, in 2016, the County of Marin initiated a feasibility study regarding the
installation of an 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, the project would remove an existing culverted portion of the ditch near
Rice Drive and would fill a 716-square-foot portion of a seasonal wetland/channel paralleling
Francisco Blvd West and the SMART right-of-way. The area of the wetland that is proposed to
be filled is a small, isolated area that does not have a hydrologic connection to a greater
waterway. Per San Rafael General Plan Policy CON-3 (Wetland Protection and Mitigation), the
fill qualifies for a “waiver” from the “no fill” wetland policy and the re quired mitigation for fill;
and
WHEREAS, San Rafael General Plan Policy CON-4 (Wetland Setbacks) and the
provisions of San Rafael Municipal Code (SRMC) Chapter 14.13 (Wetland Overlay District) set
forth a minimum, development free setback (buffer) of 50-feet from a delineated wetland. Policy
CON-4 allows an exception from this setback requirement if it can be demonstrated that a
reduced setback/buffer provides protection to the function of the wetland to the maximum extent
feasible and that the resulting values are to the satisfaction of the City following review by the
appropriate regulatory agencies. A Variance application was filed (V17-009) to request the
waiver and reduced wetland setback/buffer; and
2-2
WHEREAS, on December 4, 2017, the City Council held a duly noticed public hearing
to review and consider approving a preliminary design and Variance V17-009 for the Francisco
Boulevard West Multi-Use Pathway Project from Second Street to Andersen Drive, considered
all oral and written public testimony and the written report of the Public Works Department; and
WHEREAS, the MUP is defined as a “project” under the provisions of the California
Environmental Quality Act (CEQA) Section 15063 and is therefore subject to environmental
review. An Initial Study was prepared supporting the adoption of a Mitigated Negative
Declaration, which is accompanied by a Mitigation Monitoring and Reporting Program (MMRP).
By separate resolution, the City Council adopted the Mitigated Negative Declaration and
approved the MMRP; 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 approves the
preliminary design of the MUP, which authorizes the Public Works Director to issue a formal
Notice to Proceed to BKF Engineers to finalize the design Plans, Specification and Estimate for
the MUP Project based on the following findings:
1. The project is consistent with the San Rafael General Plan 2020 Circulation Element,
specifically:
a. Goal 13 Mobility of all Users – This project provides better mobility, access and
alternative paths of travel through San Rafael.
b. Goal 15 Connections - This project will allow for additional connectivity to
downtown services such as SMART, Transit, Businesses and other amenities.
c. Goal 16 Bikeways – This project provides a Class 1 multi-use pathway and
connects to existing bicycle facilities to Larkspur landing as well as downtown
San Rafael.
d. Goal 17 Pedestrian Pathways – This project provides more access for pedestrians
on a new Class 1 multi-use pathway.
2. This project is compliant with the intent of Measure Q to provide a commuter rail service
and access pathways along SMART’s right of way.
BE IT FURTHER RESOLVED, that the City Council approves Variance V17-009, to
permit approval of the MUP design with a wetland setback that is less than the minimum 50 -foot
setback required by General Plan 2020 and the SRMC Chapter 14.13 (Wetland Overlay District)
based on the following findings:
1. There are special and unusual circumstances applicable to the property for which the strict
application of SRMC Section 14.13.040.B.2 (minimum 50-foot development-free
setback/buffer from a designated wetland) significantly deprives the subject property from the
privileges enjoyed by other property in the vicinity and under identical zoning conditions in
that:
a. The area contains a narrow and isolated jurisdictional wetland, which has not hydrologic
connection to other greater waterways in the area. The jurisdictional wetland is
surrounded by intense, urban development, making this area undevelopable unless this
wetland is filled. To comply with General Plan Conservation Element Policy CON-3
(Wetland Protection and Mitigation), which is to avoid filling the wetland, the amount of
2-3
remaining land area for development of the essential uses and facilities make it
impossible to achieve.
b. Full compliance with the minimum 50-foot development free wetland setback/buffer as
required by Policy CON-4 and the provisions of the zoning ordinance is impossible, as it
would not result in adequate land area for to accommodate the proposed MUP, the
Francisco Boulevard West and the SMART right-of-way.
c. The 0.9-acre jurisdictional wetland is exclusive and unique to the project site in that it
does not extend to developed lands north, east or south of the site.
2. The granting of this variance will not constitute a grant of special privileges inconsistent with
the limitations upon other properties in the vicinity and zoning district in which these
properties are situated. As stated in Finding #1, the subject property is unique in that it
contains a narrow and isolated jurisdictional wetland, which is not present on properties
immediately contiguous to the project site.
3. That granting the variance does not authorize a use or activity which is not otherwise
expressly authorized by the zoning regulations for the zoning district in which the subject
property is located. As stated in Finding #1, the subject property is unique in that it contains
a narrow, isolated jurisdictional wetland, which is not present on properties immediately
contiguous to the project site.
4. The granting of this Variance to waive the City’s wetland setback requirements of SRMC
Section 14.13.040B.2 would not be detrimental or injurious to property or improvements on
or near the development site, or to the public health, safety or general welfare. The CEQA
Initial Study/Mitigated Negative Declaration – Francisco Boulevard West Multi-Use
Pathway and Andersen Drive to Mahon Creek Pathway, San Rafael, CA (October 2017),
which has been adopted by separate resolution of the City Council concludes and finds:
a. As determined by qualified wetland expert, t jurisdictional wetland located on the site is
isolated and has limited biological resource value. By avoiding the filling of this wetland
to comply with Conservation Element Policy CON-3, the waiver from the wetland
setback/buffer policy and zoning standard is necessary.
b. The health and general welfare of the wetland would not be compromised by permitting a
reduced setback/buffer provided that adequate protection measures are incorporated into
the project design. The project is designed to incorporate protective measures and
improvements within the setback/buffer.
c. The waiver and the reduce wetland setback/buffer has been reviewed by a qualified
wetland expert who finds that it is adequate and acceptable as there are measures and
improvements in the MUP design to ensure the protection of the wetland.
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
2-4
ESTHER C. BEIRNE, City Clerk
PW MUP CEQA Reso 12 4 17
STAFF REPORT APPROVAL
ROUTING SLIP
Staff Report Author: Kevin McGowan Date of Meeting: 12/04/2017
Department: Public Works
Topic: FRANCISCO BLVD WEST MULTI-USE PATHWAY (MUP) MITIGATED NEGATIVE DECLARATION
Subject: ADOPTION OF A MITIGATED NEGATIVE DECLARATION, 2. APPROVAL OF A MITIGATION
MONITORING AND REPORTING PROGRAM, 3. APPROVAL OF A VARIANCE (V17-009) FOR A REDUCED WETLAND
SETBACK FOR THE FRANCISCO BLVD WEST MULTI-USE PATHWAY & ANDERSEN DRIVE TO MAHON CREEK
PATHWAY PROJECT (MUP) 4. AUTHORIZE THE PUBLIC WORKS DIRECTOR TO ISSUE THE FORMAL NOTICE TO
PROCEED TO BKF ENGINEERS TO FINALIZE THE DESIGN OF THE MULTI-USE PATH.
Type: (check all that apply) ☐ Consent Calendar ☒ Public Hearing
☐ Discussion Item ☒ Resolution ☐ Ordinance
☐ Professional Services Agreement ☐ Informational Report
*If PSA, City Attorney approval is required prior to start of staff report approval process
Was agenda item publicly noticed? ☒ Yes ☐No Date noticed: ☐Mailed ☐Site posted ☐Marin IJ
Due Date Responsibility Description Completed
Date Initial / Comment
DEPARTMENT REVIEW
FRIDAY
noon
11-17
Director Director approves staff
report is ready for ACM,
City Attorney & Finance
review.
☒
CONTENT REVIEW
MONDAY
morning
11-20
Assistant City Manager
City Attorney
Finance
ACM, City Attorney &
Finance will review items,
make edits using track
changes and ask questions
using comments. Items will
be returned to the author
by end of day Wednesday.
11/21/2017
11/21/2017
11/20/2017
☒
RW
☒
LG
☒
MM
DEPARTMENT REVISIONS
FRIDAY
noon
11-24
Author Author revises the report
based on comments
receives and produces a
final version (all track
changes and comments
removed) by Friday at
noon.
Click here to
enter a
date.11/21/17;
11/27/17
☒
PJ
ACM, CITY ATTORNEY, FINANCE FINAL APPROVAL
MONDAY
morning
11-27
Assistant City Manager
City Attorney
Finance
ACM, City Attorney &
Finance will check to see
their comments were
adequately addressed and
sign-off for the City
Manager to conduct the
final review.
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enter a date.
11/27/2017
11/22/2017
☒
☒
LG
☒
MM
TUES
noon
11-28
City Manager Final review and approval 11/29/2017 ☒
JS