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Home My WebLink AboutCC Resolution 14762 (New 45-Unit Townhome Development - 350 Merrydale Road/3833 Redwood Hwy) Attachment 1-1 RESOLUTION NO. 14762 RESOLUTION OF THE CITY OF SAN RAFAEL CITY COUNCIL ADOPTING AN INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION AND APPROVING THE MITIGATION MONITORING AND REPORTING PROGRAM FOR A REZONING (ZC19- 002), ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED18-100), TENTATIVE MAP (18-006), MASTER USE PERMIT (UP18-039), AND SUBDIVISION EXCEPTION (EX19-012) FOR THE DEMOLITION OF THE EXISTING ONE-STORY BUILDINGS ON SITE AND CONSTRUCTION OF NINE (9) THREE-STORY RESIDENTIAL BUILDINGS WITH A TOTAL OF 45 “FOR SALE” MULTI FAMILY RESIDENTIAL UNITS (INCLUDING 9 BELOW-MARKET-RATE (BMR) UNITS), 94 PARKING SPACES, WITH NEW LANDSCAPING AND CREEKSIDE ENHANCEMENTS ON AN EXISTING 2.28 ACRE PARCEL LOCATED AT 350 MERRYDALE RD/3833 REDWOOD HWY (MERRYDALE TOWNHOMES) (APN’S: 179-041-27 AND 179-041-28) WHEREAS, on October 16, 2017, Michael Hooper of Campus Properties, on behalf of the property owner, Ridgewood Properties, submitted plans for a Pre-Application review of a proposed demolition of existing buildings and redevelopment of a 2.28 acre site at 350 Merrydale Road/3833 Redwood Hwy with nine new buildings containing a total of 44 residential townhome units, including parking, landscaping and creekside enhancements; and WHEREAS, on January 18, 2018, City Planning staff provided comments on the pre- application, with additional comments from other City departments and relevant outside Agencies; and WHEREAS, on April 25, 2018, Michael Hooper of Campus Properties, on behalf of the property owner, Ridgewood Properties, submitted an application for a Conceptual Design Review for the construction of 45 for-sale townhome units, and associated site improvements; and WHEREAS, on July 17, 2018, the Design Review Board held a duly noticed public hearing on the conceptual design of the proposed project and provided recommendations to the applicant; and WHEREAS, on November 8, 2018, Michael Hooper of Campus Properties, on behalf of the property owner, Ridgewood Properties, submitted a formal application for Planned Development (PD) Rezoning (ZC18-002), Environmental and Design Review Permit (ED18-100), Tentative Map (TS18- 006), Master Use Permit (UP18-039) and Subdivision Exception (EX19-012); and WHEREAS, on July 25, 2019, the applicant held a Neighborhood Meeting at the project site, which was duly noticed by the City to residents and property owners within 400 feet of the project site; and WHEREAS, on August 6, 2019, the Design Review Board held a duly noticed public hearing on the proposed project, accepting all oral and written public testimony and the written report of the Department of Community Development; and WHEREAS, as required by the California Environmental Quality Act (CEQA) Guidelines, staff determined that the proposal 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 (traffic, noise, biological, geotechnical, air quality, cultural resources, hydrology, fire flow analysis, and storm water control plan); and Attachment 1-2 WHEREAS, as demonstrated in the preparation of an Initial Study, all potentially significant effects on the environment identified in the Initial Study can be mitigated to less-than-significant levels with implementation of the recommended mitigation measures; including impacts to Air Quality, Biological Resources, Cultural Resources, Hydrology and Water Quality, Noise, Transportation, and Tribal Resources. Therefore, consistent with CEQA Guidelines Section 15070, the Initial Study supports and recommends the adoption of a Mitigated Negative Declaration; and WHEREAS, consistent with the requirements of the CEQA Guidelines, a Mitigation Monitoring and Reporting Program (MMRP) has been prepared, which outlines the procedures/steps and requirements for implementing all mitigation measures identified in the Initial Study/Mitigated Negative Declaration. The MMRP is attached hereto as Attachment A and incorporated by reference; and WHEREAS, the subject site was posted with a public notice regarding the Mitigated Negative Declaration prepared for this project and notices were published in a local newspaper of general circulation in the area and mailed to surrounding property owners within 400 feet, pertinent agencies (including responsible and trustee agencies), organizations and special interest groups pursuant to CEQA Guidelines Section 15072; and WHEREAS, copies of the Initial Study/Mitigated Negative Declaration were submitted to the State Office of Planning and Research (OPR) and made available for a 30-day review period by pertinent agencies and interested members of the public, commencing on November 8, 2019 and concluding on December 10, 2019; and WHEREAS, the City has evaluated the comments received by public agencies, utilities, organizations, special interest groups and persons who have reviewed the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, including two letters/emails received from California Department of Transportation (Caltrans) and State Department of Toxic and Substance Control (DTSC), commenting on the adequacy of the Initial Study/Mitigated Negative Declaration. Staff responded to these comments verbally at the hearing on December 10, 2019 and summarized the responses in a memo to file dated December 10, 2019. No changes or modifications were deemed necessary to the Initial Study/Mitigated Negative Declaration; and WHEREAS, on December 10, 2019, the Planning Commission held a public hearing on the proposed project, the planning applications for the 45-unit residential townhome development at 350 Merrydale Road/3833 Redwood Hwy and the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, accepting all oral and written public testimony and the written report of the Department of Community Development. On a vote of 6-0-1 (Commissioner Samuzdi absent), the Planning Commission adopted Resolution No. 19-11, recommending that the City Council adopt the IS/MND and approve a Mitigation Monitoring and Reporting Program; and WHEREAS, on February 3, 2020, the City Council held a duly-noticed public hearing on the proposed project, accepting and considering all oral and written public testimony and the written report of the Department of Community Development; and WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based is the Community Development Department of the City of San Rafael; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael does hereby adopt the Mitigated Negative Declaration and approves the Mitigation Monitoring and Reporting Program as presented in Attachment "A" based on the findings that: Attachment 1-3 a) The City exercised its independent judgment in evaluating the Mitigated Negative Declaration and the Mitigated Negative Declaration has been considered in conjunction with comments received during the public review period and at the public hearings. Based on this review, the City Council finds and determines that: 1) there is no substantial evidence that the project will have a significant impact on the environment; and 2) revisions have been made to the project and have been included in the project as mitigation measures which reduce the potential impacts to a less-than-significant level. b)A Mitigation Monitoring and Reporting Program has been prepared for adoption to ensure implementation of, and compliance with, all conditions required to mitigate any impact to a level of less than significant. All mitigation measures have also been included as conditions of the project’s approval by separate Resolution. I, Lindsay Lara, 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 San Rafael City Council held on the 3rd day of February 2020, by the following vote to wit: AYES: NOES: ABSENT: COUNCILMEMBERS: Colin, Gamblin, McCullough & Mayor Phillips COUNCILMEMBERS: None COUNCILMEMBERS: Bushey LINDSAY LARA, City Clerk Attachment A Mitigation Monitoring and Reporting Program Attachment A File #: ZC19-002/ED18-100/TS18-006/EX19-012/UP18-039/ Title: Resolution Recommending Adoption of Mitigated Negative Declaration Attachment 1. A-1 MITIGATION MONITORING AND REPORTING PROGRAM MITIGATION MONITORING AND REPORTING PROGRAM 350 Merrydale Road Mitigation Measure Implementation Procedure Monitoring Responsibili ty Monitoring / Reporting Action & Schedule Non- Compliance Sanction/Activi ty Monitoring Compliance Record (Name/Date ) I. AESTHETICS I(d). Mitigation Measure AES-1: Prior to the Building Permit final inspection, the project applicant shall submit to the satisfaction of the Community Development Department Director, a post-installation photometric lighting study showing that the lighting on site complies with the approved lighting levels per ED18-100 and the requirements of SRMC 14.16.227. The project applicant shall also demonstrate to the Building Department that outdoor lighting fixtures meet the requirements of the California Energy Code (known as Part 6, Title 24 of the California Code of Regulations) Require as a condition of approval Planning Division Building Division Incorporate as condition of project approval Planning Division verifies appropriate plan/study obtained prior to issuance of building permit Deny project Deny issuance of building permit III. AIR QUALITY III (b). Mitigation Measure AQ-1: Include basic measures to control dust and exhaust during construction. During any construction period ground disturbance, the applicant shall ensure that the project contractor implement measures to control dust and exhaust. Implementation of the measures recommended by BAAQMD and listed below would reduce the air quality impacts associated with grading and new construction to a less-than-significant level. 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 Attachment A File #: ZC19-002/ED18-100/TS18-006/EX19-012/UP18-039/ Title: Resolution Recommending Adoption of Mitigated Negative Declaration Attachment 1. A-2 MITIGATION MONITORING AND REPORTING PROGRAM 350 Merrydale Road Mitigation Measure Implementation Procedure Monitoring Responsibili ty Monitoring / Reporting Action & Schedule Non- Compliance Sanction/Activi ty Monitoring Compliance Record (Name/Date ) The contractor shall implement the following best management practices that are required of all projects: 1. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. 2. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. 3. All visible mud or dirt track-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. 4. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph). 5. 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. 6. 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, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. 7. All construction equipment shall be maintained and properly tuned in accordance with Attachment A File #: ZC19-002/ED18-100/TS18-006/EX19-012/UP18-039/ Title: Resolution Recommending Adoption of Mitigated Negative Declaration Attachment 1. A-3 MITIGATION MONITORING AND REPORTING PROGRAM 350 Merrydale Road Mitigation Measure Implementation Procedure Monitoring Responsibili ty Monitoring / Reporting Action & Schedule Non- Compliance Sanction/Activi ty Monitoring Compliance Record (Name/Date ) manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. 8. Post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District's phone number shall also be visible to ensure compliance with applicable regulations. III(b). Mitigation Measure AQ-1a: All diesel-powered off-road equipment, larger than 25 horsepower, operating on the site for more than two days continuously shall, at a minimum, meet U.S. EPA particulate matter emissions standards for Tier 2 engines with CARB-certified Level 3 Diesel Particulate Filters or equivalent. • The use of equipment meeting U.S. EPA Tier 4 standards for particulate matter would also meet this requirement. • Use of equipment that includes alternatively fueled equipment (i.e., non-diesel) would meet this requirement. • Other measures may be the use of added exhaust devices, or a combination of measures, provided that these measures are approved by the City and Require as a condition of approval Project sponsor provides equipment list prior to issuance of building permits Planning Division Public Works 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 Attachment A File #: ZC19-002/ED18-100/TS18-006/EX19-012/UP18-039/ Title: Resolution Recommending Adoption of Mitigated Negative Declaration Attachment 1. A-4 MITIGATION MONITORING AND REPORTING PROGRAM 350 Merrydale Road Mitigation Measure Implementation Procedure Monitoring Responsibili ty Monitoring / Reporting Action & Schedule Non- Compliance Sanction/Activi ty Monitoring Compliance Record (Name/Date ) demonstrated to reduce community risk impacts to less-than-significant. III(c) Mitigation Measure AQ-2: Include high- efficiency particulate filtration systems in residential ventilation systems. The significant exposure for new project receptors is judged by two effects: (1) increased cancer risk, and (2) annual PM2.5 concentration. Exposure to cancer risk from U.S. Highway 101 are significant. Cancer risk is based on exposure to exhaust emissions while annual PM2.5 concentrations are based on the exposure to PM2.5 resulting from emissions attributable to truck and auto exhaust, the wearing of brakes and tires and re-entrainment of roadway dust from vehicles traveling over pavement. PM2.5 exposure drives the mitigation plan. Reducing PM2.5 exposures to less than significant would also reduce cancer risk to less than significant levels. The project shall include the following measures to minimize long- term annual PM2.5 exposure for new project occupants: 1. Install air filtration in residential dwellings. Air filtration devices shall be rated MERV 13 or higher. To ensure adequate health protection to sensitive receptors (i.e., residents), this ventilation system, whether mechanical or passive, all fresh air 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 Attachment A File #: ZC19-002/ED18-100/TS18-006/EX19-012/UP18-039/ Title: Resolution Recommending Adoption of Mitigated Negative Declaration Attachment 1. A-5 MITIGATION MONITORING AND REPORTING PROGRAM 350 Merrydale Road Mitigation Measure Implementation Procedure Monitoring Responsibili ty Monitoring / Reporting Action & Schedule Non- Compliance Sanction/Activi ty Monitoring Compliance Record (Name/Date ) circulated into the dwelling units shall be filtered, as described above. 2. As part of implementing this measure, an ongoing maintenance plan for the buildings' heating, ventilation, and air conditioning (HV AC) air filtration system shall be required. 3. Ensure that the use agreement and other property documents: (1) require cleaning, maintenance, and monitoring of the affected buildings for air flow leaks, (2) include assurance that new owners or tenants are provided information on the ventilation system, and (3) include provisions that fees associated with owning or leasing a unit(s) in the building include funds for cleaning, maintenance, monitoring, and replacements of the filters, as needed. IV. BIOLOGICAL RESOURCES IV(a). Mitigation Measure BIO-1: Pre-construction nesting bird and bat surveys The nesting season is defined here a as being from February 1 to August 31 and therefore work should commence between September 1 and January 31. • If this is not possible, and project activities are initiated during the nesting season, then a nesting Require as a condition of approval. Project sponsor designates qualified professional prior to start of construction and obtains approvals from appropriate agencies Planning Division Planning / Building Division Incorporate as condition of project approval. Project applicant conducts pre-construction survey before permit issuance. Planning / Building Division verifies Deny project Deny issuance of building permit Attachment A File #: ZC19-002/ED18-100/TS18-006/EX19-012/UP18-039/ Title: Resolution Recommending Adoption of Mitigated Negative Declaration Attachment 1. A-6 MITIGATION MONITORING AND REPORTING PROGRAM 350 Merrydale Road Mitigation Measure Implementation Procedure Monitoring Responsibili ty Monitoring / Reporting Action & Schedule Non- Compliance Sanction/Activi ty Monitoring Compliance Record (Name/Date ) bird survey shall be conducted by a qualified wildlife biologist no more than 14 days prior to the start of project activities. • If nests are identified, a no-disturbance buffer should be implemented to avoid impacts to nesting birds and should remain in place until all young are fledged or the nest otherwise becomes inactive. • Buffers typically range from 25 feet to 500 feet depending on the species. • If work is to be initiated within the bat breeding/ winter roosting season, an assessment of existing buildings should be performed prior to construction activities to determine if a roost is present. • If a roost is observed, construction activities should be postponed until a qualified biologist determines the bats are excluded from the roost location. prior to issuance of building permits survey conducted prior to issuance of building permit V. CULTURAL RESOURCES V(b). Mitigation Measure CULT-1: Protect Archaeological Resources Identified during Construction: The project sponsor shall ensure that construction crews stop all work within 100 feet of the discovery until a qualified archaeologist can assess the Require as a condition of approval Project sponsor designates qualified professional pursuant to Planning Division Planning /Building Incorporate as condition of project approval Project sponsor to halt work Deny project Deny issuance of building Attachment A File #: ZC19-002/ED18-100/TS18-006/EX19-012/UP18-039/ Title: Resolution Recommending Adoption of Mitigated Negative Declaration Attachment 1. A-7 MITIGATION MONITORING AND REPORTING PROGRAM 350 Merrydale Road Mitigation Measure Implementation Procedure Monitoring Responsibili ty Monitoring / Reporting Action & Schedule Non- Compliance Sanction/Activi ty Monitoring Compliance Record (Name/Date ) previously unrecorded discovery and provide recommendations. Resources could include subsurface historic features such as artifact-filled privies, wells, and refuse pits, and artifact deposits, along with concentrations of adobe, stone, or concrete walls or foundations, and concentrations of ceramic, glass, or metal materials. Native American archaeological materials could include obsidian and chert flaked stone tools (such as projectile and dart points), midden (culturally derived darkened soil containing heat-affected rock, artifacts, animal bones, and/or shellfish remains), and/or groundstone implements (such as mortars and pestles). NAHC requirements and obtains approvals from appropriate agencies prior to issuance of building permits Division immediately upon discovery of unknown resources Planning / Building Division verifies appropriate professionals/approvals obtained prior to issuance of building permit permit V(c). Mitigation Measure CULT-2: Protect Human Remains Identified During Construction: The Project proponent shall treat any human remains and associated or unassociated funerary objects discovered during soil-disturbing activities according to applicable State laws. Such treatment includes work stoppage and immediate notification of the Marin County Coroner and qualified archaeologist, and in the event that the Coroner’s determination that the human remains are Native American, notification of NAHC according to the requirements in PRC Section 5097.98. NAHC would appoint a Most Likely Descendant (“MLD”). A qualified archaeologist, Project proponent, County of Marin, and MLD shall make all Require as a condition of approval Project sponsor designates qualified professional pursuant to NAHC requirements and obtains approvals from appropriate agencies prior to issuance of building permits Planning Division Planning /Building Division Incorporate as condition of project approval Project sponsor to halt work immediately upon discovery of unknown resources Planning / Building Division verifies appropriate professionals/approvals obtained prior Deny project Deny issuance of building permit Attachment A File #: ZC19-002/ED18-100/TS18-006/EX19-012/UP18-039/ Title: Resolution Recommending Adoption of Mitigated Negative Declaration Attachment 1. A-8 MITIGATION MONITORING AND REPORTING PROGRAM 350 Merrydale Road Mitigation Measure Implementation Procedure Monitoring Responsibili ty Monitoring / Reporting Action & Schedule Non- Compliance Sanction/Activi ty Monitoring Compliance Record (Name/Date ) reasonable efforts to develop an agreement for the treatment, with appropriate dignity, of any human remains and associated or unassociated funerary objects (CEQA Guidelines Section 15064.5[d]). The agreement would take into consideration the appropriate excavation, removal, recordation, analysis, custodianship, and final disposition of the human remains and associated or unassociated funerary objects. The PRC allows 48 hours to reach agreement on these matters. to issuance of building permit VII. GEOLOGY AND SOILS VII(a)(ii). Mitigation Measure GEO -1: Prior to a grading or building permit submittal, the project sponsor shall prepare a design-level geotechnical investigation prepared by a qualified and licensed geotechnical engineer and submit the report to the City Engineer. Minimum mitigation includes design of new structures in accordance with the provisions of the current California Building Code or subsequent codes in effect when final design occurs. Recommended seismic design coefficients and spectral accelerations shall be consistent with the findings presented in Section 4 of the May 8, 2018 ENGEO report. Require as a condition of approval Project sponsor prepare a design-level geotechnical investigation prepared by a qualified and licensed geotechnical engineer and submit the report to the City Engineer Planning Division Public Works Division Incorporate as condition of project approval Public Works / Building Division verifies appropriate design-level report prior to issuance of building permit Deny project Deny issuance of building permit VII(a)(iii). Mitigation Measure GEO-2: Prior to a grading or building permit submittal, the project Require as a condition of approval Planning Division Incorporate as condition of project approval Deny project Attachment A File #: ZC19-002/ED18-100/TS18-006/EX19-012/UP18-039/ Title: Resolution Recommending Adoption of Mitigated Negative Declaration Attachment 1. A-9 MITIGATION MONITORING AND REPORTING PROGRAM 350 Merrydale Road Mitigation Measure Implementation Procedure Monitoring Responsibili ty Monitoring / Reporting Action & Schedule Non- Compliance Sanction/Activi ty Monitoring Compliance Record (Name/Date ) sponsor shall prepare a design-level geotechnical investigation prepared by a qualified and licensed geotechnical engineer and submit the report to the City Engineer for review and approval. In order to reduce the effects of the potentially expansive soils and/or liquefaction settlement, foundations should be designed to withstand minimum differential movements. Foundation design recommendations are presented in Section 4 of the May 8, 2018 ENGEO report. Project sponsor prepare a design-level geotechnical investigation prepared by a qualified and licensed geotechnical engineer and submit the report to the City Engineer Public Works Division Public Woks / Building Division verifies appropriate design-level report prior to issuance of building permit Deny issuance of building permit VII(b). Mitigation Measure GEO-3: Prior to a grading or building permit submittal, the project sponsor shall prepare a site drainage system prepared by a qualified and licensed civil engineer and submit the report to the City Engineer. The site drainage system will demonstrate the ability to collect surface water and discharge into an established storm drainage system. The project Civil Engineer of Architect is responsible for designing the site drainage system and, an erosion control plan shall be developed prior to construction per the current guidelines of the City of San Rafael Public Works Department (DPW) Grading and Construction Erosion and Sediment Control Plan Permit Application Package and the Regional Water Quality Control Board standards. Require as a condition of approval Project sponsor prepare a design-level drainage system design prepared by a qualified and licensed civil engineer and submit the report to the City Engineer Planning Division Public Works Division Incorporate as condition of project approval Public Works / Building Division verifies appropriate design-level report prior to issuance of building permit Deny project Deny issuance of building permit VII(c). Implementation of GEO-1 & GEO-2 See MM GEO-1 and Attachment A File #: ZC19-002/ED18-100/TS18-006/EX19-012/UP18-039/ Title: Resolution Recommending Adoption of Mitigated Negative Declaration Attachment 1. A-10 MITIGATION MONITORING AND REPORTING PROGRAM 350 Merrydale Road Mitigation Measure Implementation Procedure Monitoring Responsibili ty Monitoring / Reporting Action & Schedule Non- Compliance Sanction/Activi ty Monitoring Compliance Record (Name/Date ) GEO-2 above VII(d). Mitigation Measure GEO-4: Soils shall be moisture conditioned to above the optimum moisture content during site grading and maintained at this moisture content until imported aggregate base and/or surface flatwork is completed. 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 Public Works / Building Division verifies appropriate approvals obtained prior to issuance of building permit Deny project Deny issuance of building permit VII(f). Mitigation Measure GEO-5: Should paleontological resources be encountered during project subsurface construction activities located in previously undisturbed soil and bedrock, all ground- disturbing activities within 25 feet shall be halted and a qualified paleontologist contacted to assess the situation, consult with agencies as appropriate, and make recommendations for the treatment of the discovery. For purposes of this mitigation, a “qualified paleontologist” shall be an individual with the following qualifications: 1) a graduate degree in paleontology or geology and/or a person with a demonstrated publication record in peer-reviewed paleontological journals; 2) at least two years of professional experience related to paleontology; 3) proficiency in recognizing fossils in the field and determining their significance; 4) expertise in local geology, stratigraphy, Require as a condition of approval Project sponsor shall designate qualified paleontologist, consult with agencies as appropriate prior to issuance of building permits Planning Division Building Division Incorporate as condition of project approval Should paleontological resources be encountered during project subsurface construction activities located in previously undisturbed soil and bedrock, all ground-disturbing activities within 25 feet shall be halted. Planning / Building Division contacted and appropriate agencies Deny project Halt building permit Attachment A File #: ZC19-002/ED18-100/TS18-006/EX19-012/UP18-039/ Title: Resolution Recommending Adoption of Mitigated Negative Declaration Attachment 1. A-11 MITIGATION MONITORING AND REPORTING PROGRAM 350 Merrydale Road Mitigation Measure Implementation Procedure Monitoring Responsibili ty Monitoring / Reporting Action & Schedule Non- Compliance Sanction/Activi ty Monitoring Compliance Record (Name/Date ) and biostratigraphy; and 5) experience collecting vertebrate fossils in the field. If the paleontological resources are found to be significant and project activities cannot avoid them, measures shall be implemented to ensure that the project does not cause a substantial adverse change in the significance of the paleontological resource. Measures may include monitoring, recording the fossil locality, data recovery and analys is, a final report, and accessioning the fossil material and technical report to a paleontological repository. Upon completion of the assessment, a report documenting methods, findings, and recommendations shall be prepared and submitted to the City for review. If paleontological materials are recovered, this report also shall be submitted to a paleontological repository such as the University of California Museum of Paleontology, along with significant paleontological materials. Public educational outreach may also be appropriate. The project applicants shall inform its contractor(s) of the sensitivity of the project site for paleontological resources and shall verify that the following directive has been included in the appropriate contract specification documents: “The subsurface of the construction site may alerted to discoveries Attachment A File #: ZC19-002/ED18-100/TS18-006/EX19-012/UP18-039/ Title: Resolution Recommending Adoption of Mitigated Negative Declaration Attachment 1. A-12 MITIGATION MONITORING AND REPORTING PROGRAM 350 Merrydale Road Mitigation Measure Implementation Procedure Monitoring Responsibili ty Monitoring / Reporting Action & Schedule Non- Compliance Sanction/Activi ty Monitoring Compliance Record (Name/Date ) contain fossils. If fossils are encountered during project subsurface construction, all ground- disturbing activities within 25 feet shall be halted and a qualified paleontologist contacted to assess the situation, consult with agencies as appropriate, and make recommendations for the treatment of the discovery. Project personnel shall not collect or move any paleontological materials. Fossils can include plants and animals, and such trace fossil evidence of past life as tracks or plant imprints. Marine sediments may contain invertebrate fossils such as snails, clam and oyster shells, sponges, and protozoa; and vertebrate fossils such as fish, whale, and sea lion bones. Vertebrate land mammals may include bones of mammoth, camel, saber tooth cat, horse, and bison. Contractor acknowledges and understands that excavation or removal of paleontological material is prohibited by law and constitutes a misdemeanor under California Public Resources Code, Section 5097.5.” IX. HAZARDS AND HAZARDOUS MATERIALS IX(a). Mitigation Measure HAZ-1: Prior to submittal for a demolition permit, the project sponsor shall use a qualified and licensed professional to prepare a hazardous building materials survey for all structures Require as a condition of approval Project sponsor obtains Planning Division Building Incorporate as condition of project approval Building Division Deny project Deny issuance Attachment A File #: ZC19-002/ED18-100/TS18-006/EX19-012/UP18-039/ Title: Resolution Recommending Adoption of Mitigated Negative Declaration Attachment 1. A-13 MITIGATION MONITORING AND REPORTING PROGRAM 350 Merrydale Road Mitigation Measure Implementation Procedure Monitoring Responsibili ty Monitoring / Reporting Action & Schedule Non- Compliance Sanction/Activi ty Monitoring Compliance Record (Name/Date ) proposed for demolition or renovation as part of the project. All lead-based paint and asbestos-containing materials (ACM) shall be abated by a certified contractor in accordance with local, state, and federal requirements. All hazardous materials shall be removed from buildings prior to demolition in accordance with California Division of Occupational Safety and Health (DOSH) and California Department of Toxic Substances Control (DTSC) regulations. A completion of abatement activities report shall be prepared by a qualified professional and submitted to the City prior to permit approval. approvals from appropriate agencies prior to issuance of building permits Division verifies appropriate approvals obtained prior to issuance of building permit of building permit IX(b). Mitigation Measure HAZ-2: Prior to submittal for a demolition permit, the project sponsor shall use a qualified and licensed professional to prepare a Soil Management Plan to develop protocols and procedures for handling potentially impacted soils or underground structure/equipment that may be encountered during grading operations and other construction activities as part of the project. If impacted soils or underground structure/equipment are encountered during construction activities, all construction shall stop, and a qualified and licensed professional shall be contacted to conduct a site visit to make observations and prepare recommendations for proper handling of soils and/or structures/equipment 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 Attachment A File #: ZC19-002/ED18-100/TS18-006/EX19-012/UP18-039/ Title: Resolution Recommending Adoption of Mitigated Negative Declaration Attachment 1. A-14 MITIGATION MONITORING AND REPORTING PROGRAM 350 Merrydale Road Mitigation Measure Implementation Procedure Monitoring Responsibili ty Monitoring / Reporting Action & Schedule Non- Compliance Sanction/Activi ty Monitoring Compliance Record (Name/Date ) X. HYDROLOGY AND WATER QUALITY X(a). Mitigation Measure HYDRO-1: Prior to issuing a grading or building permit, the project applicant shall prepare a Stormwater Pollution Prevention Plan (SWPPP) and/or Erosion and Sediment Control Plan (ESCP) in accordance with the requirements of the statewide Construction General Permit and the City of San Rafael Department of Public Works. The SWPPP shall be prepared by a Qualified SWPPP Developer (QSD). The SWPPP shall include the minimum Best Management Practices (BMPs) required for the identified risk level. The SWPPP shall be designed to address the following objectives: 1) All pollutants and their sources, including sources of sediment associated with construction, construction site erosion, and all other activities associated with construction activity are controlled; 2) Where not otherwise required to be under a Regional Water Quality Control Board permit, all non‐stormwater discharges are identified and either eliminated, controlled, or treated; 3) Site BMPs are effective and result in the reduction or elimination of pollutants in stormwater discharges and authorized non‐stormwater discharges from construction activity. The erosion Require as a condition of approval Project sponsor submits SWPP/ESCP to San Rafael Department of Public Works prior to issuance of building permits Planning Division Public Works Division Incorporate as condition of project approval Public Works Division verifies appropriate approvals obtained prior to issuance of building permit Deny project Deny issuance of building permit Attachment A File #: ZC19-002/ED18-100/TS18-006/EX19-012/UP18-039/ Title: Resolution Recommending Adoption of Mitigated Negative Declaration Attachment 1. A-15 MITIGATION MONITORING AND REPORTING PROGRAM 350 Merrydale Road Mitigation Measure Implementation Procedure Monitoring Responsibili ty Monitoring / Reporting Action & Schedule Non- Compliance Sanction/Activi ty Monitoring Compliance Record (Name/Date ) and sediment control plan shall include the rationale used for selecting BMPs including supporting soil loss calculations, as necessary; 4) Stabilization BMPs installed to reduce or eliminate pollutants after construction are completed. 5) BMP implementation shall be consistent with the BMP requirements in the most recent version of the California Stormwater Quality Association Stormwater Best Management Handbook‐Construction or the Caltrans Stormwater Quality Handbook Construction Site BMPs Manual. X(a). Mitigation Measure HYDRO-2: Prior to a certificate of occupancy, the Project applicant shall verify that operational stormwater quality control measures that comply with the requirements of the current Phase II Small MS4 Permit have been implemented. Responsibilities include, but are not limited to: 1) Designing BMPs into Project features and operations to reduce potential impacts to surface water quality and to manage changes in the timing and quantity of runoff associated with operation of the project. These features shall be included in the design‐level drainage plan and final development drawings. Require as a condition of approval Project sponsor submits Phase II Small MS4 Permit to San Rafael Department of Public Works prior to issuance of certificate of occupancy Planning Division Public Works Division Incorporate as condition of project approval Public Works verifies appropriate approvals obtained prior to issuance of certificate of occupancy Deny project Deny issuance of certificate of occupancy Attachment A File #: ZC19-002/ED18-100/TS18-006/EX19-012/UP18-039/ Title: Resolution Recommending Adoption of Mitigated Negative Declaration Attachment 1. A-16 MITIGATION MONITORING AND REPORTING PROGRAM 350 Merrydale Road Mitigation Measure Implementation Procedure Monitoring Responsibili ty Monitoring / Reporting Action & Schedule Non- Compliance Sanction/Activi ty Monitoring Compliance Record (Name/Date ) 2) The proposed project shall incorporate site design measures and Low Impact Development design standards, including minimizing disturbed areas and impervious surfaces, infiltration, harvesting, evapotranspiration, and/or bio‐treatment of stormwater runoff. 3) The Project applicant shall establish an Operation and Maintenance Plan. This plan shall specify a regular inspection schedule of stormwater treatment facilities in accordance with the requirements of the Phase II Small MS4 Permit. 4) Funding for long‐term maintenance of all BMPs shall be specified. XIII. NOISE XIII(a). Mitigation Measure NOISE-1: Implementation of the following measures would reduce construction noise levels emanating from the site, limit construction hours, and minimize disruption and annoyance. a. Construction activities shall be limited to the hours specified in the City of San Rafael's Municipal Code (7 am to 6 pm on weekdays and 9 am to 6 pm on Saturdays). No construction activities are permitted on Sundays and holidays. b. Limit use of the concrete saw to a distance of 50 feet or greater from residences, where feasible. 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 Attachment A File #: ZC19-002/ED18-100/TS18-006/EX19-012/UP18-039/ Title: Resolution Recommending Adoption of Mitigated Negative Declaration Attachment 1. A-17 MITIGATION MONITORING AND REPORTING PROGRAM 350 Merrydale Road Mitigation Measure Implementation Procedure Monitoring Responsibili ty Monitoring / Reporting Action & Schedule Non- Compliance Sanction/Activi ty Monitoring Compliance Record (Name/Date ) Construct temporary noise barriers to screen stationary noise-generating equipment, such as the concrete saw, when located near adjoining sensitive land uses. Temporary noise barriers could reduce construction noise levels by 5 dBA. c. Equip all internal combustion engine-driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment. d. Unnecessary idling or internal combustion engines should be strictly prohibited. e. Locate stationary noise-generating equipment such as air compressors or portable power generators as far as possible from sensitive receptors. f. Utilize "quiet" air compressors and other stationary noise sources where technology exists. g. Control noise from construction workers' radios to a point where they are not audible at existing residences bordering the project site. h. Notify all adjacent business, residences, and other noise-sensitive land uses of the construction schedule, in writing, and provide a written schedule of "noisy" construction activities to the adjacent land uses and nearby residences. i. Designate a "disturbance coordinator" who would be responsible for responding to any complaints about construction noise. The disturbance Attachment A File #: ZC19-002/ED18-100/TS18-006/EX19-012/UP18-039/ Title: Resolution Recommending Adoption of Mitigated Negative Declaration Attachment 1. A-18 MITIGATION MONITORING AND REPORTING PROGRAM 350 Merrydale Road Mitigation Measure Implementation Procedure Monitoring Responsibili ty Monitoring / Reporting Action & Schedule Non- Compliance Sanction/Activi ty Monitoring Compliance Record (Name/Date ) coordinator will determine the cause of the noise complaint (e.g., bad muffler, etc.) and will require that reasonable measures be implemented to correct the problem. Conspicuously post a telephone number for the disturbance coordinator at the construction site and include in it the notice sent to neighbors regarding the construction schedule. XVII. TRANSPORTATION XVII(a). Mitigation Measure TRANS-1: The project sponsor shall construct a pedestrian sidewalk, subject to the availability of right-of-way and the feasibility of the drainage design, on the west side of Redwood Road directly adjacent to the project driveway connecting to the existing sidewalk. Require as a condition of approval Project sponsor obtains approvals from appropriate agencies prior to issuance of building permits Planning Division Public Works Division Incorporate as condition of project approval Public Works Division verifies appropriate approvals obtained prior to issuance of building permit Deny project Deny issuance of building permit XVIII. TRIBAL CULTURAL RESOURCES Attachment A File #: ZC19-002/ED18-100/TS18-006/EX19-012/UP18-039/ Title: Resolution Recommending Adoption of Mitigated Negative Declaration Attachment 1. A-19 MITIGATION MONITORING AND REPORTING PROGRAM 350 Merrydale Road Mitigation Measure Implementation Procedure Monitoring Responsibili ty Monitoring / Reporting Action & Schedule Non- Compliance Sanction/Activi ty Monitoring Compliance Record (Name/Date ) XVIII(a). Mitigation Measure TRIBAL-1: Implementation of the unanticipated discovery measures outlined in Section V(b) and (d) above, address the potential discovery of previously unknown resources within the project area. If significant tribal cultural resources are identified onsite, all work would stop immediately within 50 feet of the resource(s) and the project applicant would comply with all relevant State and City policies and procedures prescribed under PRC Section 21074. Require as a condition of approval Project sponsor designates qualified professional pursuant to NAHC requirements and obtains approvals from appropriate agencies prior to issuance of building permits Planning Division Planning /Building Division Incorporate as condition of project approval Project sponsor to halt work immediately upon discovery of unknown resources Planning / Building Division verifies appropriate professionals/approvals obtained prior to issuance of building permit Deny project Deny issuance of building permit