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HomeMy WebLinkAboutResolution 2015-131 N.C.S. 08/03/2015Resolution No. 2015 -131 N.C.S. of the City of Petaluma, California MAKING FINDINGS OF FACT AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE RAINIER CROSS -TOWN CONNECTOR PROJECT, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, The City of Petaluma Public Works and Utilities Department ( "Applicant ") proposes a 0.65 mile, four lane arterial roadway featuring bridge, median, pedestrian, bicycle facilities and new signalized intersection. The Rainier Cross -Town Connector will connect North McDowell Boulevard on the eastern side of Highway 101 to Petaluma Boulevard North on the western side of the City ( "Project "); and WHEREAS, the Project boundaries constitute roadway and appurtenant improvements that would extend at grade from the signalized North McDowell Boulevard intersection, cross beneath Highway 101 under an elevated portion of the Freeway that will be constructed as part of the Marin- Sonoma Narrows HOV Project, would cross over the Sonoma Marin Area Rail Transit (SMART) Corridor and Petaluma River via a bridge, and return to grade proximate to Petaluma Boulevard North where it terminates at a signalized T- intersection; and WHEREAS, the Notice of Preparation of the Draft Environmental Impact Report for the Project was mailed to all responsible and affected agencies on August 11, 2011, pursuant to Public Resources Code Section 21080.4 and California Environmental Quality Act ( "CEQA ") Guidelines Section 15082; and WHEREAS, a Draft Environmental Impact Report ( "Draft EIR ") was prepared for the Plan in accordance with Public Resources Code Section 21000 et seq. and CEQA Guidelines Section 15000 et seq., and circulated for public review between July 24, 2014 and Sept. 8, 2014, with a notice inviting comments on the Draft EIR given in compliance with CEQA Guidelines Section 15087; and WHEREAS, Draft EIR relies on the EIR for the City of Petaluma General Plan 2025, certified by City Council Resolution No. 2008 -058 N.C.S on April 7, 2008, for information relating to certain cumulative impacts, as identified in the Draft EIR; and WHEREAS, the City has committed to implementing the mitigation measures contained in the Implementation Plan and Mitigation Monitoring and Reporting Program adopted by the City as Exhibit B to Resolution No. 2008 -084 N.C.S., Resolution of the City Council of the City of Petaluma Making Findings of Fact, Adopting a Statement of Overriding Considerations, and Adopting an Implementation and Mitigation Monitoring and Reporting Program in support of the General Plan 2025, pursuant to CEQA; and WHEREAS, the City distributed copies of the Draft EIR in conformance with CEQA to the public agencies which have jurisdiction by law with respect to the project and to other interested persons and agencies and sought the comments of such persons and agencies; and, WHEREAS, the Planning Commission held a public meeting and hearing on August 12, 2014 to consider the Draft EIR; and Resolution No. 2015 -131 N.C.S. Page I WHEREAS, the City Council held a public meeting and hearing on September 8, 2014 to consider the Draft EIR; and WHEREAS, written and oral comments to the Draft EIR have been received and responses to those comments have been prepared in the form of a Final Environmental Impact Report for the Project ( "Final EIR "); and WHEREAS, on June 23, 2015, the Planning Commission considered the Final EIR and accepted public testimony; and WHEREAS, a motion to recommend that the City Council certify the EIR and approve the Mitigation Monitoring and Reporting Program failed with a tie vote of Commissioners (3 -3) present at the June 23, 2015 meeting; and WHEREAS, the Project does not have the potential to have a significant adverse impact on wildlife resources as defined in the State Fish and Game Code, either individually or cumulatively, though it is not exempt from Fish and Game filing fees; and WHEREAS, the Project is not located on a site listed on any Hazardous Waste Site List compiled by the State pursuant to Section 65962.5 of the California Government Code; and WHEREAS, the EIR identified several potentially significant impacts that will be reduced to a less than significant level with specified mitigation measures, and pursuant to CEQA Guidelines Section 15091(d), a Mitigation Monitoring and Reporting Program has been prepared and set forth with the Final EIR to ensure that all mitigation measures which serve to reduce environmental impacts of the Project are fully implemented; and WHEREAS, it is recognized that the project will contribute to significant and unavoidable cumulative impacts identified in the City's General Plan EIR including a) City -wide traffic -noise impact; b) greenhouse gas emissions; and c) deficient level of service (LOS) at the Rainier Avenue/North McDowell Boulevard intersection; and WHEREAS, Public Resources Code Section 21081(b) requires that the City Council find that specific economic, legal, social, technological or other consideration outweigh any significant environmental effects of the Project which cannot be fully mitigated; and WHEREAS, a Statement of Overriding Considerations consisting of the City's finding and determination regarding the Project's significant and unavoidable effects is contained in Exhibit C, which is incorporated herein by reference; and WHEREAS, pursuant to CEQA, a mitigation monitoring and Reporting Program has been prepared, as set forth in the FEIR, which is incorporated herein by reference, to ensure that all mitigation measures relied on in the findings are fully implemented; and WHEREAS, some mitigation measures identified in Exhibit A may require action by, or cooperation from, other agencies. NOW, THEREFORE, BE IT RESOLVED: 1. The above recitals are true and correct, incorporated herein by reference and adopted as findings of the City Council. Resolution No. 2015 -131 N.C.S. Page 2 2. The City Council certifies the Environmental Impact Report as an adequate description of the impacts of the Project in compliance with CEQA, the State CEQA Guidelines, and the City of Petaluma Environmental Guidelines. 3. Based on substantial evidence in the record, the City Council adopts the findings regarding potential significant impacts of the Project and mitigations, as set forth in Exhibit A, attached hereto and incorporated by reference. 4. The City Council adopts the Mitigation Monitoring Program set forth within the Final EIR. 5. Based on substantial evidence in the record, the City Council adopts the findings regarding alternatives to the Project, as set forth in Exhibit B, attached hereto and incorporated by reference. 6. Based on substantial evidence in the record, the City Council adopts the findings set forth in the Statement of Overriding Considerations regarding significant unavoidable impacts in considering the cumulative impact of the Project, attached hereto as Exhibit C, and incorporated by reference. 7. The custodian of the documents and other materials which constitute the record of proceedings to date for the Project is the City of Petaluma, Planning Division, Petaluma City Hall, 11 English Street, Petaluma, CA 94952. 8. This resolution shall take effect immediately upon its adoption. Under the power and authority conferred upon this Council by the Charter of said City. Resolution No. 2015 -131 N.C.S. Page 3 EXHIBIT A FINDINGS CONCERNING SIGNIFICANT IMPACTS AND MITIGATION MEASURES Pursuant to Public Resources Code section 21081 and CEQA Guidelines section 15091, the City Council hereby makes the following findings with respect to the potential for significant environmental impacts of the Rainier Crosstown Connector Project ( "Project ") and methods for mitigating those impacts. For the purpose of these findings, the term EIR means the Draft and Final EIR documents collectively, unless specified otherwise. These findings do not attempt to describe the full analysis of each environment impact contained in the EIR. Instead the findings provide a summary description of each impact and identify the applicable mitigation measures set forth in the EIR and adopted by the City, and state findings on the significance of each impact after imposition of the adopted mitigation measures. A full explanation of these environmental findings and conclusions is in the EIR, and these findings hereby incorporate by reference the discussion and analysis in those documents supporting the EIR's determinations regarding mitigation measures and the Project's impacts and mitigation measures designed to address those impacts. The facts supporting these findings are found in the record as a whole for the project. In making these findings, the City ratifies, adopts, and incorporates into these findings the analysis and explanation in the EIR, and ratifies, adopts, and incorporates into these findings the determination and conclusions of the EIR relating to environmental impacts and mitigation measures, except to the extent that any such determinations and conclusions are specifically and expressly modified by these findings. Many of the impacts and mitigation measures in the following findings are summarized rather then set forth in full. The text of the EIR should be consulted for a complete description of the impacts and mitigations. AIR OUALITY Impact AQ -8 Project construction would expose sensitive receptors to substantial pollutant concentrations resulting in cancer and noncancer risks. This is considered a potentially significant impact. AQ /GHG -8: Reduce emissions produced by all diesel fueled off -road construction equipment by at least 8 percent relative to Tier 2 engines. Impact after Mitigation: Less than Significant Finding: Changes or alterations have been required in, or incorporated into the Project, which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: With mitigation, the impact on the residents can be reduced to 9.8 in one million, which is less than the BAAQMD's significance threshold of 10 in one million. Therefore, the impact on sensitive receptors would be less than significant after mitigation. Resolution No. 2015 -131 N.C.S. Page 4 BIOLOGICAL RESOURCES Impact 11I0-3: The project would have substantial adverse effect on riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Wildlife (CDFW) or the U.S. Fish and Wildlife Service (U.S. FWS). 13I0-1: Reduce construction related impacts by minimizing the area of disturbance, limiting construction activities to the dry season when proximate to the river, locating equipment in designated staging areas, protecting topsoil, covering stockpiled materials, restoring disturbed areas, revegetating to achieve pre - construction coverage, and removing all construction equipment from the site. 11I0-2: Minimize potential discharge of sediment by use of silt fences, erosion control blankets, sediment - control devices, diverting runoff, covering materials stored onsite, preventing discharge of construction materials, implementing BMPs, providing pallets for containment areas, and training onsite personnel in spill prevention and spill containments. BIO -3: Mitigate impacts to riparian habitat at a 1:1 ratio or as deemed appropriate by regulatory agencies. 11I0-7: Prepare an arborist report prior to construction activities and adhere to the recommendations therein and in accordance with the Petaluma Tree Preservation Ordinance. 13I0-8: The City of Petaluma shall develop a replanting plan such that at the end of a five -year monitoring period the plan shall be considered successful if 75 percent of the tree plantings survive. Impact after Mitigation: Less than Significant Finding: Changes or alterations have been required in, or incorporated into the Project, which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: Mitigation measures will limit areas of disturbance and timing of disturbance to avoid or reduce potential impacts that could adversely affect a sensitive natural community. In the event that minor and temporary disturbance occurs, any disturbed areas will be restored to preconstruction conditions. Where on -site mitigation is deemed infeasible, impacts to riparian habitat will be remediated by offsite measures proximate to the project site as practicable. The mitigation to be imposed also outlines best practices for handling and containing materials to prevent accidental environmental degradation. With the introduction of mitigation measures listed above, sensitive habitat will be left undisturbed or restored as necessary such that the long term health and vitality of on -site and surrounding sensitive habitat will be substantially retained. Impact 13I0-4: The project would adversely affect federally protected wetlands through direct removal, filling, hydrological interruption or other means. Resolution No. 2015 -131 N.C.S. Page 5 BIO -1(see above) BIO -2 (see above) BIO -3 (see above) Impact after Mitigation: Less than Significant Finding: Changes or alterations have been required in, or incorporated into the Project, which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: Implementation of mitigation measures will protect wetland habitat or offset any losses to wetland habitat through onsite creation of wetland and /or the procurement of mitigation bank credits that benefit the Petaluma River watershed. Therefore, after applying these measures, the impact would be less than significant. Impact BIO -5: The project would have a direct or indirect adverse effect on species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations by the CDFW or the U.S. FWS. Amphibians BIO -1 (see above) BIO -2 (see above) BIO -3 (see above) BIO -4: A qualified U.S. FWS - approved biologist shall conduct preconstruction surveys of all ground disturbance areas within suitable habitat to determine the presence of California Red Legged Frogs and Western Pond Turtle. Construction activities adjacent to the Petaluma River shall be conducted during the dry season and shall be supervised by an approved biologist as appropriate. Prior to initiating work, all construction personnel shall undergo training (conducted by a qualified biologist) for Endangered Species Act provisions, best practices, and species /habitat recognition. During construction, the area of activity shall be delineated and limited to the area within a temporary high visibility orange fence, flagging, or other barriers. All trash shall be kept in closed containers and removed at the close of each day and any holes or trenches deeper than one foot shall be covered to prevent entrapment. Fish BIO -1(see above) BIO -2 (see above) BIO -5: To avoid and minimize impact and potential disturbance to Central California Coast Steelhead, Green Sturgeon, and Sacramento Splittail, all construction activities shall be conducted during the dry season. Prior to construction activities, a qualified biologist shall train construction personnel in salmonid and habitat identification, best practices, and review of project site boundaries. Should construction of cofferdams or Resolution No. 2015 -131 N.C.S. Page 6 dewatering occur during construction activities, a fish rescue effort shall be conducted, as necessary. Birds 13I0-6: If construction is scheduled during the nesting season of migratory birds then pre - construction survey shall be conducted by a qualified biologist to identify the presence of any nesting birds. In the event that an active nest is identified, a qualified biologist, in consultation with the CDFW, shall determine a buffer zone and clearly delineate the buffer area. If an active nest is found after the pre - construction survey and once construction has begun, all construction activities will cease until the nest has been evaluated by the qualified biologist and appropriately protected. Impact after Mitigation: Less than Significant Finding: Changes or alterations have been required in, or incorporated into the Project, which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: Mitigation measures would limit areas and times of disturbance, require pre - construction surveys and nesting bird surveys. Further, mitigation requires a training component that will ensure construction workers are well aware of sensitive species and habitats. Through minimizing the area of disturbance and limiting construction activities to a period least likely to impact sensitive species (dry season and non - nesting season) and educating construction workers, potential impacts will be less than significant. Impact BIO -6 The project would conflict with local policies or ordinances intended to protect biological resources, such as a tree preservation policy. BIO -7 Prior to construction, a qualified arborist shall determine which trees need to be removed and whether they are protected. For protected trees to be removed, they shall be replaced at a trunk diameter ratio of 1:1 forhealthy trees, 2 :1 for marginal trees, and those in poor health do not require replacement. Trees shall be replaced onsite, as feasible, otherwise suitable off -site location shall be identified. 13I0-8 The City shall prepare a replanting plan that identifies where, how many and what type of trees shall be replanted. The replanting site shall be monitored yearly and an annual report sent to CDFW and USACE. At the end of the five -year monitoring period, the site shall be considered successful if at least 75 percent of the tree plantings survive. Impact after Mitigation: Less than Significant Finding: Changes or alterations have been required in, or incorporated into the Project, which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: Mitigation measures limit disturbance and require replacement for protected trees with potential to be affected by project activities. Further, the health of all trees that need to be removed as a result of the project will be identified and replaced on an appropriate ratio, which will avoid a net reduction to Petaluma's tree coverage. Mitigation measures are consistent with the requirements of Chapter 17 Tree Preservation Resolution No, 2015 -131 N.C.S. Page 7 of the Implementing Zoning Ordinance and promote the health and longevity of Petaluma's trees. Therefore, with mitigation, impacts to protected trees will be less than significant. CULTURAL RESOURCES Impact CULT -2: The project would result in substantial adverse changes to a historic resource. CULT -1: The City shall implement an archeological data recovery plan (ADRP) prior to commencement of construction. The ADRP shall identify the scientific /historical research questions that are applicable to the expected resource, the data classes the resource is expected to possess, and how the expected data classes would address the applicable research questions, amongst other things. Further, no destructive data recovery methods shall be applied where non - destructive methods are practicable. Impact after Mitigation: Less than Significant Finding: Changes or alterations have been required in, or incorporated into the Project, which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: The Mitigation measure requiring an ADRP would ensure that interpretable information regarding subsistence patterns, trade, and responses to environmental change that have yet to be extensively investigated in the Sonoma Region and potentially existing at SON -225/H is recovered and interpreted to the extent practicable by a professionally qualified archeologist. Proper recovery and treatment of previously undisturbed historic /archeological resources would ensure impacts to historic resources are less than significant. Impact CULT -3: The project could adversely affect expected prehistoric site deposits. CULT -2: The City of Petaluma shall retain the services of a qualified archeologist who has expertise in California Prehistory to monitor ground disturbing activity within 200 feet of the top of the bank on either side of the Petaluma River. Impact after Mitigation: Less than Significant Finding: Changes or alterations have been required in, or incorporated into the Project, which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: Implementation of mitigation ensures that currently unknown archeological resources will not be inadvertently disturbed or destroyed as a result of construction activities. The qualified archeologist will be given the authority to stop work or redirect crews if an intact archeological deposit is encountered and until such time that it has been thoroughly evaluated and recommendations on how to proceed have been made. If it is determined by the archeologist and the City that identified deposits may have significance, then an ADRP shall be implemented. The monitoring, evaluation, and treatment measures prescribed by CULT -2 ensure that potential impacts to prehistoric site deposits are less than significant. Resolution No. 2015 -131 N.C.S. Page 8 Impact CULT -4: The project could result in potentially significant impacts to unknown archeological resources, including human remains. CULT -3: In the event of accidental discovery of cultural resources, work would be suspended at that location and City of Petaluma staff would be contacted. A qualified cultural resource specialist would be retained and would perform any necessary investigations to determine the significance of the find and provide recommendations on how to proceed. Impact after Mitigation: Less than Significant Finding: Changes or alterations have been required in, or incorporated into the Project, which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: Implementation of mitigation ensures that if unknown archeological resources (including human remains) are encountered, all work would suspend until such a time that a qualified cultural resource specialist could perform investigation and recordation or protection measures as deemed appropriate by the City of Petaluma. Should human remains be encountered, mitigation measures require that they be identified, treated, and managed in accordance with Sections 5097.97 and 5097.98 of the California Public Resources Code and Section 7050.5 of the California Health and Safety Code. The mitigation measures imposed on the project limit the potential to harm or otherwise mishandle potentially significant archeological resources such that impacts will be less than significant. Impact CULT -5: The project could adversely affect unidentified paleontological resources. CULT -4: In the event of paleontological discoveries, the City of Petaluma shall notify a qualified paleontologist who shall document the discovery as needed, evaluate the potential resource, and assess the significance of the find under the criteria set forth in the guidelines adopted by the Society of Vertebrate Paleontology CEQA Guidelines Section 15064.5. In the event of an unanticipated discovery of a breas, true, and /or trace fossil during construction, excavations within 100 feet of the find shall be temporarily halted or diverted until the discovery is examined by a qualified paleontologist and a determination of proper procedures is made. Impact after Mitigation: Less than Significant Finding: Changes or alterations have been required in, or incorporated into the Project, which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: Mitigation measures would require that a qualified paleontologist document, evaluate, and assess any potential paleontological resources encountered during construction. The measure further requires that appropriate procedures are determined in consultation with appropriate agencies prior to re- commencement of earthmoving activities and that an excavation plan is developed as necessary. With proper evaluation and treatment overseen by a professional paleontologist, impacts will be less than significant. Resolution No. 2015 -131 N.C.S. Page 9 GEOLOGY Impact GEO -5: The project could expose people or structures to substantial adverse effects related to seismic hazards. GEO -1: The City of Petaluma, or its technical consultant, shall prepare a geotechnical investigation and report prior to completing project design. The report shall be prepared in accordance with Section 17.31.180 of the City's Grading and Erosion Control Ordinance and shall include an adequate description of the geology of the site, and conclusions and recommendations regarding the effect of geologic conditions on the proposed project. The City shall implement all site - specific mitigation measures recommended in the geotechnical investigation prior to or during construction, as appropriate. Impact after Mitigation: Less than Significant Finding: Changes or alterations have been required in, or incorporated into the Project, which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: Implementation of mitigation measures require that the project be designed to minimize exposure of the structure to seismic related hazards by ensuring that the project limits public and structural exposure to potential substantial adverse effects resulting from ground shaking, ground failure, and /or liquefaction. Site - specific construction recommendations such as the use of quality fill, proper compaction, over excavation, and grading requirements will be implemented to ensure impacts are less than significant. Impact GEO -6: The project would be located on a geologic unit or soil that is unstable or that may become unstable as a result of the project. GEO -1: (See above) Impact after Mitigation: Less than Significant Finding: Changes or alterations have been required in, or incorporated into the Project, which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: The geotechnical report will characterize the on -site geotechnical conditions in order to make appropriate recommendations related to grading procedures and design criteria. Proposed recommendations may include providing fill material, location and compaction design requirements, over excavating the existing soils, and /or providing specific grading requirements. The report will be prepared in accordance with the California Building Code and City of Petaluma General Plan policy. As such, impacts will be less than significant. Impact GEO -7: The project would be located on expansive soil that could pose substantial risks to life or property. Resolution No. 2015 -131 N.C.S. Page 10 GEO -1: (See above) Impact after Mitigation: Less than Significant Finding: Changes or alterations have been required in, or incorporated into the Project, which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: The geotechnical report will characterize the on -site geotechnical conditions in order to make appropriate recommendations related to grading procedures and design criteria. Proposed recommendations may include providing fill material, location and compaction design requirements, over excavating the existing soils, and/or providing specific grading requirements. The report will be prepared in accordance with the California Building Code and City of Petaluma General Plan policy and will specifically prescribe measures to address expansive soils. With mitigation, impacts will be less than significant. HYDROLOGY AND WATER QUALITY Impact HYD -9: The project would place structures within a I00 -year flood hazard area which would impede or redirect flows. HYD -1: The City shall prepare a hydraulic design study at later stages of project design that determine the project's potential to alter the river's flood flows at the bridge location and upstream and downstream of the bridge. The hydraulic analysis would be conducted to quantify the rise in base flood elevation in the floodway after compliance with the City's no net fill policy. If this design level evaluation determines that the project would still result in a base flood elevation increase in the regulatory floodway (even if the increase is minimal), the City would obtain a CLOMR for the project from FEMA, and request a NFIP map revision. Impact after Mitigation: Less than Significant Finding: Changes or alterations have been required in, or incorporated into the Project, which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: The City's no net fill policy would ensure reasonable hydraulic equivalence to existing conditions. Mitigation includes measures such as benching or widening the channel near the bridge crossing to accommodate surface flows, which would likely result in no net increase in base flood elevations within the FEMA- designated floodway. Therefore, upon implementation of the mitigation measure, the project bridge features would not significantly impede or redirect flood flows, nor would they significantly alter the I00 -year flood plain area. Thus, impacts would be less than significant. Impact HYD -10: The project would substantially alter the existing drainage pattern of the site or area. HYD -1: (See above) Resolution No. 2015 -131 N.C.S. Page 11 Impact after Mitigation: Less than Significant Finding: Changes or alterations have been required in, or incorporated into the Project, which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: Mitigation would reduce potential impacts related to the placement of the bridge bents, abutment, and outfalls or their associated erosion protection by limiting the area of disturbance, providing slope protection and stabilization and preventing upstream and downstream erosion. This will be accomplished by adhering to the City's no net fill policy and /or design components that would accommodate marginal increase in surface flow elevations. Therefore, with mitigation, impacts will be less than significant. TRANSPORTATION Impact TRANS -7: The project could increase hazards due to a design feature or incompatible uses. TRANS -1: To ensure that safe access for transit vehicles is provided into the Operations Facility, the City shall relocate the access driveway farther away from the Rainier Avenue/North McDowell Blvd. intersection. Reconfiguration of the access driveway shall also provide a break in the median and extend the left turn pocket so that transit vehicles can turn left from eastbound Rainier Avenue into the Operations Facility. This break in the median shall be marked with a "No Left Turn Except for Buses" sign to dissuade use by non - transit vehicles. Impact after Mitigation: Less than Significant Finding: Changes or alterations have been required in, or incorporated into the Project, which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: The mitigation measure will result in modifications to the Transit Operations Facility access driveway thereby maintaining functionality and avoiding a potential design hazard. The median break and signage will discourage use by non - transit vehicles and ensure that functionality is preserved for the Operations facility. Therefore, impacts related to design hazards would be less than significant. Impact TRANS -8: The project could cause substantial temporary construction related traffic impacts. Trans -2: The City of Petaluma Public Works and Utility Department or its contractor shall prepare a construction management plan. Finding: Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: Temporary construction impacts would be reduced by informing the public of construction schedules, possible detours, and timing, which would allow the public to select alternate routes in advance of construction activities. By providing Resolution No. 2015 -131 N.C.S. Page 12 adequate advance notice of closures and construction, and alternate pedestrian/ bicycle routes as necessary to support possible closures and construction, this temporary construction impact would be minimized. Further, development of a construction management plan will establish a delivery and export schedule that considers the least impactful time of day to minimize conflict with commuters and peak travel times. Therefore, with implementation of mitigation measures, temporary traffic- related construction impacts will be reduced to less than significant levels. Impact TRANS -9: The project could conflict with an applicable congestion management program including intersection Level of Service Standards. TRANS -3: The City of Petaluma shall include in its project design an additional westbound left turn lane and a northbound right overlap phase at the intersection of Petaluma Boulevard North/Rainier Avenue. The City shall also provide a median refuge (at least 5 feet wide) for pedestrians crossing Rainier Avenue. Finding: Changes or alterations have been required in, or incorporated into the Project, which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: With an additional westbound left turn lane and a northbound right overlap phase, the project's impacts on study intersections under Opening Year conditions would be reduced to less than significant because this intersection would operate at LOS D in the PM peak hour. Further, the installation of a median refuge would provide the necessary pedestrian improvements to accommodate the additional crossing distance. With implementation of mitigation, impacts would be less than significant. CUMULATIVE IMPACTS Impact CUMULATIVE TRANS -1: Intersection level of service would operate at unacceptable LOS E and F under cumulative conditions. All intersections would operate at acceptable levels of service under cumulative conditions with the project except: East Washington Street/Highway 101 Southbound Ramps; Rainier Avenue /Petaluma Boulevard North (without Shasta Avenue Extension); and Petaluma Boulevard North/Sycamore Lane (Shasta Avenue). CUMULATIVE TRANS -l: The exact location of the impact would depend on the construction timing of Shasta Avenue extension. If Shasta Avenue extension is not constructed during the buildout of the General Plan, the project would need to provide the intersection configuration at the Petaluma Boulevard North/Rainier Avenue intersection described in Mitigation Measure TRANS -3. If the Shasta Avenue extension is constructed, then the project could potentially have an impact at the Petaluma Boulevard North/Sycamore Lane (Shasta Avenue) extension. Restriping the existing westbound approach to Petaluma Boulevard North/Sycamore Lane (Shasta Avenue) to provide an exclusive left -turn lane and a shared left /through/right -turn lane plus an exclusive northbound right -turn lane would improve the intersection to LOS C in the PM peak hour. In order to reduce impacts to pedestrians resulting from increased crossing distances, a median refuge (at least five feet wide) shall be installed for pedestrians crossing the south leg of Petaluma Boulevard. Resolution No, 2015 -131 N.C.S. Page 13 Finding: Changes or alterations have been required in, or incorporated into the Project, which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: The project would improve the LOS condition at the E. Washington/Hwy 101 SB ramps relative to the no project condition (it would reduce traffic volumes by —17 %). The other two deficient intersections are dependent on the future Shasta Avenue extension. The new intersection at Petaluma Blvd. North/Rainier Ave. could be modified to achieve acceptable LOS under a pre- Shasta scenario by implementation of TRANS -3, which would introduce an additional westbound left turn lane and a northbound right overlap phase and thereby achieve an acceptable LOS D. Under a Shasta Ave. scenario, the intersection of Petaluma Blvd, North/Rainier Ave. would operate acceptably at LOS B and C during the a.m. and p.m. peak hour, respectively. However, with Shasta Ave, the intersection of Petaluma Boulevard North/Sycamore Lane (Shasta Avenue) would degrade to unacceptable LOS F. Mitigation would correct this deficit by introducing an exclusive left -turn lane and a shared left /through/right -turn lane plus an exclusive northbound right -turn lane, thereby improving the intersection to LOS C in the p.m. peak hour. It should be noted that the Shasta Avenue extension project would be required to go through the City approval and CEQA documentation process to identify its impacts and mitigations prior to its construction. Presumably, it would identify the need to improve the Petaluma Boulevard North, Sycamore Lane (Shasta Avenue) intersection. Therefore, with mitigation, the project's cumulative impacts to level of service would be less than significant. Resolution No. 2015 -131 N.C.S. Page 14