HomeMy WebLinkAboutCC Resolution 15167 (Aldersly Retirement Community Project)
RESOLUTION NO. 15167
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING THE MASTER USE
PERMIT AMENDMENT (UP20-022) AND ENVIRONMENTAL AND DESIGN REVIEW
PERMIT (ED20-051) FOR THE ALDERSLY RETIREMENT COMMUNITY AT 308 AND 326
MISSION AVENUE (APN 014-054-31 and 32)
WHEREAS, on November 12, 2020, Peter Schakow, President of the Aldersly Board of
Directors (applicant), submitted applications to the City of San Rafael requesting approval of a
Zoning Amendment to revise the Planned Development for the Aldersly Retirement Community
that would allow for the phased improvements on the campus that include demolition and
renovation of existing buildings, and construction of new buildings; and
WHEREAS, the applications included concurrent requests for a Planned Development
(PD) District Rezoning (ZC20-001), Master Use Permit (UP20-022) and Environmental and
Design Review Permit (ED20-051); and said project applications were deemed complete on
March 19, 2021; and
WHEREAS, on December 7, 2021, the City of San Rafael Design Review Board held a
duly-noticed public hearing on the Environmental and Design Review Permit, accepting all oral
and written public testimony and the written report of the Community Development Department
staff and recommended approval of the Environmental and Design Review Permit; and
WHEREAS, on November 15, 2022, the City of San Rafael Planning Commission held
a duly-noticed public hearing on the proposed Master Use Permit and Environmental and
Design Review Permit, accepting all oral and written public testimony and the written report of
the Community Development Department staff and recommended approval of the Master Use
Permit and Environmental and Design Review Permit; and
WHEREAS, on December 5, 2022, the City Council of the City of San Rafael held a
duly-noticed public hearing on the proposed Master Use Permit and Environmental and Design
Review Permit, accepting all oral and written public testimony and the written report of the
Community Development Department staff; and
WHEREAS, the City Council of the City of San Rafael has certified an Environmental
Impact Report (EIR) for the proposed project consistent with the requirements of the California
Environmental Quality Act; and
NOW THEREFORE BE IT RESOLVED, the City Council of the City of San Rafael
hereby conditionally approves Master Use Permit UP20-022 and Environmental and Design
Review Permit ED20-051 based on the following findings required by San Rafael Municipal
Code (SRMC) Title 14-Zoning:
Findings for Master Use Permit
(UP20-022)
1. The proposed use is in accord with the general plan, the objectives of the zoning
ordinance, and the purposes of the district in which the site is located:
The proposed use is consistent with General Plan 2040, adopted Montecito/Happy Valley
Neighborhood Plan and other applicable City plans and policies in that:
a) The proposed use is consistent with the objectives of the Zoning Ordinance, and the
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purposes of the PD District in which the site is located in that the General Plan High
Density Residential land use designation and the Planned Development zoning district
regulations permit the proposed expansion of the Aldersly campus.
b) The proposed use is a continuation of the existing use as a non-profit retirement
community that supports the City’s goal of serving older adults and enhancing their
quality of life as called for in General Plan Goal EDI-6: An Age-Friendly Community.
The new and expanded independent living units and other improvements would attract
new residents and enhance the living experience of existing residents. The second
dining venue, lounge and gathering spaces, and core active space would provide
additional areas for residents to meet and socialize. The outdoor garden for the Memory
Care Center and other outdoor experiences would elevate the campus’ outdoor living
experience. The site accessibility improvements would make it easier for residents to
move about the campus.
c) The project would implement Housing Policy H-13: Senior Housing providing housing
options that meet the needs of San Rafael’s older population. The Project would
increase the City’s supply of independent living units in a residential facility that provides
additional services for older adults. Independent living units provide older adults the
option to live in a supported community with the experience of living on their own. The
14 net new independent living units are also an option for older adults seeking to
downsize from their single-family homes, and would contribute toward meeting the City’s
regional housing needs allocation (RHNA) by adding to the City’s housing inventory.
d) The Project would implement General Plan Policy EV-3.3: Economically Productive
Use of Land by making the most of the development potential of the Aldersly campus.
The project would provide modernized and larger independent living units and other
improvements within the footprint of the existing campus that would ensure that Aldersly
can remain competitive and operate sustainably as a non-profit into the future and
continue to provide a home for older adults and retain its employees.
e) Policy LU-1.3: Land Use and Climate Change. The project site is located north and
east of the Downtown San Rafael, 0.4 miles from the SMART Downtown San Rafael
Station in an area where alternatives to driving are most viable and shorter trip lengths
are possible.
f) Policy M-3.8: Land Use and VMT: Encourage higher-density employment and
residential uses near major transit hubs such as Downtown San Rafael, recognizing the
potential for VMT reduction in areas where there are attractive alternatives to driving,
concentrations of complementary activities, and opportunities for shorter trips between
different uses. The Project would increase the overall density of the Aldersly campus
with 35 modernized and larger independent living units and other amenities such as the
second dining venue and lounge/gathering spaces. The Project is within one half mile
of the San Rafael Transit Center which is served by SMART, Marin Transit, Golden Gate
Transit, and Sonoma County Transit, and is near commercial and retail uses in
Montecito Plaza downtown San Rafael.
g) Policy M-7.6: Off-Street Parking Standards. Maintain off-street parking standards
that adequately respond to demand, minimize adverse effects on neighborhoods, avoid
future parking problems, and sustain local businesses.
Per recent State legislation (AB 2097), minimum parking requirements cannot be
imposed or enforced in any residential, commercial, or other development project
located within ½ mile of public transit after January 1, 2023. Since construction will not
commence until after that date, Policy M-7.6 is not applicable to this project.
Nevertheless, the project would voluntarily provide up to eight (8) additional on-site
parking spaces over what exists today. In addition, a condition of the Use Permit would
require that Aldersly implement a Parking Management Strategy to maximize on-site
parking during peak periods and reduce the use of on-street parking in the
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neighborhood.
2. The proposed use, together with the conditions applicable thereto, will not be
detrimental to the public health, safety or welfare, or materially injurious to
properties or improvements in the vicinity, or to the general welfare of the city:
The proposed use, as conditioned, will not be detrimental to the public health, safety, or
welfare, or materially injurious to properties or improvements in the vicinity, or to the general
welfare of the City. The proposed use and the overall project has been reviewed by all
appropriate City Departments and permitting agencies and has been conditioned
accordingly to avoid such detriment. Furthermore, mitigation measures identified in the
Final EIR and included in MMRP include measures to protect the public health, safety, and
welfare.
3. The proposed use complies with each of the applicable provisions of the zoning
ordinance:
The proposed mix of residential dwelling units and communal facilities comply with the
applicable provisions of the Planned Development (PD) District contained in the Zoning
Ordinance and all other applicable provisions of the Zoning Ordinance, as discussed in
Use Permit Finding 1 above, as well as discussed in the PD District and Environmental and
Design Review Permit findings made for the project.
Findings for Environmental and Design Review Permit
(ED20-051)
1. The project design is in accord with the general plan, the objectives of the zoning
ordinance and the purposes of this chapter:
The phased development, as conditioned, is in accord with the General Plan, the
Neighborhood Plan, objectives of the Zoning Ordinance in that the Design Review Board
has reviewed the project for compliance with the General Plan Policies and
Montecito/Happy Valley Neighborhood Plan Policies as further described in Master Use
Permit Findings above, and the Landscape, Parking, Building and Site Design Criteria in
the Zoning Ordinance, and has recommended that the project meet the established criteria
by providing a high quality design and materials that are appropriate for the site and
neighborhood.
2. The project design is consistent with all applicable site, architecture and
landscaping design criteria and guidelines for the district in which the site is
located:
The project is consistent with applicable regulations contained in the City of San
Rafael Zoning Ordinance, including site, architecture and landscaping design criteria
established in the PD development standards which is in compliance with General Plan
2040 and the Planned Development zoning regulations The project sufficiently screens
buildings and parking areas with landscaping.
3. The project design minimizes adverse environmental impacts:
The project is consistent with the following policies in General Plan 2040, which aim at
reducing impacts on the environment:
Policy CDP-5.13: Protection of Archaeological Resources
Policy CDP-5.14: Tribal Cultural Resources
Policy C-1.13: Special Status Species
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Policy C-2.4: Particulate Matter Pollution Reduction
Policy C-3.2: Reduce Pollution from Urban Runoff
Policy C-3.3: Low Impact Development
Policy C-3.9: Water-Efficient Landscaping
Policy C-5.2: Consider Climate Change Impacts
Policy N-1.2: Maintaining Acceptable Noise
Policy N-1.9: Maintaining Peace and Quiet
Policy M-3.2: Using VMT in Environmental Review
4. The project design would not be detrimental to the public health, safety or welfare,
nor materially injurious to properties or improvements in the vicinity:
The project has been reviewed by all appropriate City Departments and permitting
agencies and conditioned accordingly, and the potential environmental impacts of the
project were assessed pursuant to the California Environmental Quality Act, a Final
Environmental Impact Report (EIR) was prepared for the project and mitigation measures
included in the MMRP would further protect health and safety.
BE IT FURTHER RESOLVED, that the City Council of the City of San Rafael approves the
Master Use Permit and Environmental and Design Review Permit subject to the following conditions:
MASTER USE PERMIT CONDITIONS OF APPROVAL
(UP20-022)
Planning Division Conditions of Approval
1. Approved Use. This Use Permit authorizes development of the 2.9-acre Aldersly campus at 326
Mission Avenue in accordance with the Planned Development (PD) District approval (ZC20-001),
which lists the permitted uses including +14 net new Independent Living units, Assisted Living
and Skilled Nursing uses. The Community Development Director may review and approve
amendments to the Master Use Permit, which are within the limits of the approved PD District
(ZC20-001) and the PD zoning regulations.
2. Permit Validity. This Permit shall become effective on December 13, 2022 and shall be valid for
a period of two (2) years from the date of final approval, or December 13, 2024, and shall become
null and void if a building permit is not issued or a time extension granted by December 13, 2024.
A permit for the construction of a building or structure is deemed exercised when a valid City
building permit, if required, is issued, and construction has lawfully commenced. A permit for the
use of a building or a property is exercised when, if required, a valid City business license has
been issued, and the permitted use has commenced on the property.
3. Subject to All Applicable Laws and Regulations. The approved use and/or construction is subject
to, and shall comply with, all applicable City Ordinances and laws and regulations of other
governmental agencies. Prior to construction, the applicant shall identify and secure all applicable
permits from the Building Division, Public Works Department and other affected City divisions and
departments.
4. Revocation. The City reserves the right to bring this permit up for revocation per SRMC 14.21.150
and as provided in Chapter 14.30 of the San Rafael Zoning Ordinance for any use that is found
to be in violation of any of these conditions of approval.
5. Building Permit Required. The applicant shall obtain a building permit prior to any building
improvements to meet the requirements per the California Building Code (CBC). Conditions Shall
be Printed on Plans. The conditions of this Permit shall be printed on the second sheet of each
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plan set submitted for a building permit pursuant to this Use Permit, under the title ‘Use Permit
Conditions.’ Additional sheets may also be used if the second sheet is not of sufficient size to list
all of the conditions. The sheet(s) containing the conditions shall be of the same size as those
sheets containing the construction drawings; 8-1/2” by 11” sheets are not acceptable.
6. Development of the site (i.e., the building design and location, scale, architecture, landscaping
and similar improvements) shall be completed in accordance with a valid (i.e. not expired)
Environmental and Design Review Permit approval.
7. The Master Use Permit shall be subject to the Environmental and Design Review Permit (ED20-
051) conditions of approval. Truck delivery schedules to the Aldersly campus shall be coordinated
with drop-off and pick-up times at child daycare and schools in the neighborhood to reduce the
potential for conflicts on Belle Avenue.
8. Prior to the issuance of an occupancy permit for any new building on the Aldersly campus, a
Parking Management Strategy shall be submitted for review and approval by the Director of Public
Works and the Director of Community Development. The Parking Management Strategy shall
identify strategies and methods to increase on-site parking capacity and reduce the overall
demand for parking, particularly during peak parking demand at 2:30 pm on weekdays during the
staff shift change. The Parking Management Strategy may include, but is not limited to, the
following strategies:
a) Support transit use by employees and visitors: Aldersly employees currently have the
option of purchasing transit passes before taxes are taken out of their wages, which provides
a savings for users. The site is served by a number of transit options as it is less than one-
half mile from the San Rafael SMART station and Transit Center. While for most people this
is a walkable distance, Aldersly could further encourage transit use by providing van service
as needed to transport people to and from these connections. To make transit use a viable
option for employees, this may require providing some flexibility in shift times to allow them to
make convenient connections.
b) Provide public transportation information: As some staff and residents may be unaware
of the available public transportation options, providing information about train and bus
schedules, accommodations for bicycles on transit vehicles, and the availability of the Marin
Emergency Ride Home (ERH) program would support increased transit use. The ERH
program, operated by the Transportation Authority of Marin, reimburses rides home in case
of an emergency for workers in Marin County who use an alternative transportation option,
such as carpooling, vanpooling, public transit, bicycling, or walking. For many people, the
availability of this program can make non-vehicle transportation a viable option as it addresses
unforeseen circumstances when vehicle transportation may be necessary.
c) Offer Car Sharing and Driver Services: The average age of residents in the independent
living units is 88 years old and those with cars tend to drive infrequently. By offering car
sharing or driver services for errands, appointments, or other trips, these residents may be
more inclined to not bring a vehicle and/or relinquish their vehicles and parking spaces.
d) Prepare a Valet Parking Plan: Aldersly currently provides valet parking during events. The
purpose of the Valet Parking Plan would be to increase on-site parking by up to 13 spaces,
as needed during non-event scenarios. The Valet Parking Plan would be approved by the
Director of Public Works and the Director of Community Development.
e) Install lift system: A parking lift system would enable vehicles to be stacked vertically and
expand the on-site parking supply. Given the minimal use of vehicles by most residents, the
Aldersly could maneuver vehicles as needed.
The Parking Management Strategy shall be implemented prior to occupancy of the Mission
Avenue Independent Living building.
9. All biohazardous waste generated on the Aldersly campus, including but not limited to used
bandages/dressings, out-of-date prescription medication and sharps/needles shall be stored in
appropriate containers until they are picked up and shall be disposed of by a service that is
licensed to handle such materials.
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10. The applicant or permittee shall defend, indemnify, and hold harmless the City or its agents,
officers, and employees from any claim, action, or proceeding against the City or its agents,
officers, or employees to attack, set aside, void, or annul an approval of the Planning Commission,
City Council, Community Development Director, or any other department, committee, or agency
of the City concerning a development, variance, permit or land use approval which action is
brought within the time period provided for in any applicable statute; provided, however, that the
applicant’s or permittee’s duty to so defend, indemnify, and hold harmless shall be subject to the
City’s promptly notifying the applicant or permittee of any said claim, action, or proceeding and
the City’s full cooperation in the applicant’s or permittee’s defense of said claims, actions, or
proceedings.
ENVIRONMENTAL AND DESIGN REVIEW PERMIT
CONDITIONS OF APPROVAL
(ED20-051)
Police Department
1. The street numbers shall be displayed in a prominent location on the street side of the property
in such a position that the number is easily visible to approaching emergency vehicles. The
numbers shall be no less than four inches (4”) in height and shall be of contrasting color to the
background to which they are attached. The address numbers shall be illuminated during
darkness.
2. The address shall be in a sequence with the numerical order of the rest of the street/building.
3. Exposed roof vents and ducts shall be grated or constructed of an impact resistant material to the
satisfaction of the police department. Skylights shall be secured and hatch openings shall be
burglary resistant. Glazing shall be of a burglary resistant glass or glass-like material.
4. All exterior lighting shall be sufficient to establish a sense of well-being to the pedestrian and one
that is sufficient to facilitate recognition of persons at a reasonable distance. Type and placement
of lighting shall be to the satisfaction of the Police Department.
5. All exterior doors shall be of solid core construction with a minimum thickness of one and three
fourths inches (1-3/4") or with panels not less than nine sixteenth inches (9/16") thick. Side garage
doors and doors leading from these garage areas to private residences or multiple dwelling
residences are included in this requirement.
6. Metal-framed glass doors shall be set in metal door jambs.
7. Glass sliding doors shall have a secondary type locking device to the satisfaction of the police
department. The secondary lock shall be a dead bolt and shall be no less than 1/8 inch in
thickness and shall have a minimum hardened steel throw of 1/2 inch.
8. Exterior man doors and doors leading from the garage areas into the private residences or
multiple dwelling residences, shall have a dead bolt locking device with a minimum throw of 1/2
inch. A secondary lock is required and shall be a dead bolt lock with a cylinder guard and a
hardened steel throw that is a minimum of 1 inch long. Both locking mechanisms shall be keyed
the same.
9. Metal framed glass doors shall have a dead bolt lock with a cylinder guard and a hardened steel
throw that is a minimum of one inch long.
10. Exterior jambs for doors shall be so constructed or protected so as to prevent violation of the
function of the strike plate from the outside. The strike plate shall be secured to the jamb by a
minimum of two screws which must penetrate at least two inches into the solid backing beyond
the jamb.
11. Front doors shall have a front door viewer that provides a minimum of 180 degrees peripheral
vision.
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12. Exterior doors that swing outward shall have non-removal hinge pins.
13. In-swinging exterior doors shall have rabbeted jambs.
14. Glass on exterior doors or within 40 inches of an exterior door shall be break resistant glass or
glass-like material to the satisfaction of the Police Department.
15. All windows within 12 feet of the ground level shall have a secondary lock mounted to the frame
of the window. The secondary lock shall be a bolt lock and shall be no less than 1/8 inch in
thickness. The lock shall have a hardened steel throw of 1/2 inch minimum length.
16. Any window within 40 inches of an exterior door shall be stationary and non-removable.
17. Landscaping shall not block or obstruct the view of any door, window, or lighting fixture.
18. Any alternate materials or methods of construction shall be reviewed with the Crime Prevention
Officer before installation.
19. The new construction shall be pre-wired for the installation of an intrusion alarm system.
Fire Department
20. Addresses shall be posted conforming to Fire Prevention Standard 205.
21. Based on Uniform Building Code or Fire Code requirements, an automatic fire sprinkler system
shall be installed throughout conforming to NFPA Std.13D.
22. A permit application shall be submitted to the Fire Prevention Bureau with two sets of plans for
review prior to the installation of all automatic and fixed fire extinguishing and detection systems.
Specification sheets for each type of device shall also be submitted for review.
23. Due to the wildland fire interface area, fire retardant roof covering is required with a minimum
Class "A" listing.
24. Spark arrestors shall be installed conforming to the UBC.
25. A minimum 30-foot wide break (brush cleaning) shall be maintained around the structure.
26. UL/SFM smoke detectors and openable bedroom windows shall be installed conforming to the
Uniform Building Code.
27. An engineered site plan showing all existing and proposed site conditions shall be submitted with
the application for a building permit.
Community Development Department, Building Division
28. A level “B” soils report shall be submitted with the application for a building permit.
29. The project soils engineer shall review and approve the plans submitted for a building permit for
compliance with the recommendations of the project soils report.
30. A construction soils certification letter shall be submitted by the project soils engineer prior to
approval of the building final inspection
31. An erosion control plan using “best management practices” shall be submitted with the application
for a building permit. The plan shall show methods of controlling erosion during and after
construction.
32. Drainage shall not be concentrated and diverted onto adjacent properties. Drainage from
developed areas shall be dispersed across the project site.
33. The improvement plans shall show all existing and proposed sanitary sewer facilities.
34. A sewer main extension may be required and if required shall be completed prior to occupancy
of the residence. An engineered plan for the sewer main extension shall be submitted with the
application for a building permit. The sewer main extension shall meet all the requirements and
standards of the San Rafael Sanitation District. The plans shall be reviewed and approved by the
San Rafael Sanitation District.
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35. All sewer related work shall be performed in accordance with the San Rafael Sanitation District
(SRSD) Standards. If a new/separate sewer lateral is proposed, Civil/Utility Plans prepared by a
registered civil engineer will be required prior issuance of the building permit.
36. If the existing sewer lateral(s) will be used for new/renovated facilities, the existing laterals shall
be televised and inspected, and a copy of the video submitted to SRSD with the building permit
application.
37. Prior to SRSD plan approval, sewer connection fees shall be imposed for all additional drainage
fixtures and living units.
38. An encroachment permit shall be required for any work in the public right-of-way.
39. The improvement plans shall show all existing and proposed utilities.
40. Prior to issuance of a building permit a letter shall be submitted from the Marin Municipal Water
District stating that adequate water pressure is available to serve this residence.
41. Prior to issuance of a building permit a copy of the access easement across the adjacent property
shall be submitted.
42. The existing driveway shall be surfaced with a 2-inch overlay of asphalt concrete throughout the
project frontage.
Community Development Department, Planning Division
43. This Environmental and Design Review Permit approves Phases 1, 2 and 3 of the Aldersly
Development Plan, including the demolition of existing buildings and the construction of new
buildings and landscaping, parking lot, and other improvements on the 2.9-acre Aldersly campus
at 326 Mission Avenue in accordance with the Planned Development (PD) District approval ZC20-
001) and Use Permit approval UP20-022, and subject to Mitigation Measures contained in the
Final EIR and MMRP adopted for the project.
44. Plans and Representations Become Conditions. All information and representations, whether oral
or written, including the building techniques, materials, elevations and appearance of the project,
as presented for approval on plans, dated May 16, 2022 and on file with the Community
Development Department, Planning Division, shall be the same as required for the issuance of a
building permit, except as modified by these conditions of approval.
45. Minor Modifications. Substantially consistent and minor modifications to building exteriors and
locations, fence styles and locations, signage, and significant landscape features may be
approved in writing by the Community Development Director or designee, based on the
determination that the proposed modification is consistent with other building and design elements
of the approved architectural control permit and will not have an adverse impact on the character
and aesthetics of the site. The Director may refer any request for revisions to the plans to the
Planning Commission. Further environmental review and analysis may be required if such
changes necessitate further review and analysis pursuant to the California Environmental Quality
Act.
46. Permit Validity. This Permit shall become effective on December 13, 2022 and shall be valid for
a period of two (2) years from the date of final approval, or December 13, 2024, and shall become
null and void if a building permit is not issued or a time extension granted by December 13, 2024.
A permit for the construction of a building or structure is deemed exercised when a valid City
building permit, if required, is issued, and construction has lawfully commenced. A permit for the
use of a building or a property is exercised when, if required, a valid City business license has
been issued, and the permitted use has commenced on the property.
47. Subject to All Applicable Laws and Regulations. The approved use and/or construction is subject
to, and shall comply with, all applicable City Ordinances and laws and regulations of other
governmental agencies. Prior to construction, the applicant shall identify and secure all applicable
permits from the Building Division, Public Works Department and other affected City divisions and
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departments.
48. Building Permit Required. The applicant shall obtain a building permit prior to any tenant
improvement to meet the requirements per the California Building Code (CBC).
49. All mechanical equipment (i.e., air conditioning units, meters and transformers) and
appurtenances not entirely enclosed within the structure (on side of building or roof) shall be
screened from public view. The method used to accomplish the screening shall be indicated on
the building plans and approved by the Planning Division prior to issuance of a building permit.
50. Prior to issuance of a building permit, the applicant is to comply with conditions of the Marin
Municipal Water District for the landscaping improvements and other water conservation
measures as outlined in letter regarding Water Availability, dated December 10, 2020.
51. Conditions Shall be Printed on Plans. The conditions of this Permit shall be printed on the second
sheet of each plan set submitted for a building permit pursuant to this Use Permit, under the title
‘Use Permit Conditions. Additional sheets may also be used if the second sheet is not of sufficient
size to list all of the conditions. The sheet(s) containing the conditions shall be of the same size
as those sheets containing the construction drawings; 8-1/2” by 11” sheets are not acceptable.
52. Construction Hours: Consistent with the City of San Rafael Municipal Code Section 8.13.050.A,
construction hours shall be limited to 7:00 a.m. to 6:00 p.m. Monday through Friday and 9:00 a.m
to 6:00 p.m. on Saturdays. Construction shall not be permitted on Sundays or City-observed
holidays. Construction activities shall include delivery of materials, hauling materials off-site;
startup of construction equipment engines, arrival of construction workers, paying of radios and
other noises caused by equipment and/or construction workers arriving at, or working on, the site.
53. Landscaping. Prior to issuance of a building permit, the applicant shall receive approval from the
Marin Municipal Water District for proposed landscaping. Landscaping and irrigation must meet
the Marin Municipal Water District's (MMWD) water conservation rules and regulations. All
existing landscaping damaged during construction shall be replaced. All landscaping shall be
maintained in a healthy and thriving condition, free of weeds and debris. Any dying or dead
landscaping shall be replaced in a timely fashion. No part of the existing landscaping shall be
removed, unless their removal has been reviewed and approved by the Planning Division
54. Exterior Lighting. All exterior lighting shall be energy efficient where feasible; and shielded and
directed downward and away from property lines to prevent excessive glare beyond the subject
property. The project shall be subject to a 90-day post installation lighting inspection to evaluate
the need for adjustment and assure compliance with SRMC Section 14.16.227.
55. Fees. Prior to Issuance of Building Permits, the applicant shall pay all outstanding Planning
Division application processing fees, including a $10,000 fee deposit for mitigation monitoring.
56. Except as conditioned herein, building techniques, materials, elevations, landscaping and
appearance of this project, as presented for approval, shall be the same as required for the
issuance of a building permit. Any future additions, expansions, remodeling, etc. shall be subject
to the review and approval of the Planning Division.
57. This Environmental and Design Review Permit shall be subject to the adopted PD zoning
regulations (ZC20-001).
58. City review and approval of a Sign Permit shall be required for any new entry signage, consistent
with the Sign Ordinance regulations.
59. All mechanical equipment (i.e., air conditioning units, meters and transformers) and
appurtenances not entirely enclosed within the structure (on side of building or root) shall be
screened from public view as indicated on project plans.
60. Any materials containing asbestos, lead-based paints or other potentially hazardous building
materials shall be removed in compliance with all applicable federal, state and local regulations
and the requirements of any agency having jurisdiction. Before removal of any materials
suspected to contain asbestos, the BAAQMD's Enforcement Division shall be notified to
determine proper handling procedures and permit requirements.
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61. Prior to the issuance of a building permit, the applicant shall submit an application for a Lot Line
Adjustment (LLA) to merge the two lots that comprise the Aldersly Planned Development District
area. Written evidence that the LLA or other instrument has been recorded with the Marin County
Clerk shall be submitted to the San Rafael Community Development Department prior to issuance
of a building permit for Mission Avenue Independent Living building.
62. Plans submitted for a building permit shall include details regarding the location, distribution and
planting of on-site bioretention areas, consistent with revised Sheets C2.0-R and L6.1-R of plans
submitted for Design Review dated November 10, 2021.
63. Prior to issuance of building permit the applicant shall pay an in-lieu Affordable Housing Fee in
accordance with SRMC Section 14.16.030. The applicant shall be responsible for complying with
the affordable housing requirement which establishes that 10% of the 14 new units shall be
available to low income residents or payment of in lieu fee as established by City Council
resolution (Resolution 11942 as amended) equal to the number of required low income units (1.4
units) multiplied by the in-lieu fee in effect at the time of building permit issuance.
64. Prior to the issuance of a building permit, the applicant shall submit a design level noise study for
review and approval by the Community Development Department. The noise study shall identify
the required noise control measures (window and door sound ratings) that will reduce interior
noise levels to the City and State requirement of Ldn 40 in bedrooms and Ldn 45 in other rooms.
The study shall also identify locations where windows must remain in the closed position to meet
the required interior sound level. If the Mechanical Engineer determines that these rooms require
outdoor air, then natural ventilation via open windows should not be relied upon and an alternate
means of supplying outdoor air should be provided (e.g. mechanical ventilation). The alternate
means for supplying outdoor air must be reviewed by the Acoustical Consultant to confirm that it
does not compromise the noise reduction provided by the exterior window and wall assembly.
65. Prior to issuance of a building permit, the final landscaping and irrigation plans shall be submitted
to the Planning Division for review and approval.
66. All landscaping shall be installed prior to the occupancy of the new buildings during each phase
of development. The City may agree to accept a bond for a portion of landscaping improvements
not completed. In the event that a bond is posted for a portion of the site landscaping, it shall
cover the amount estimated for completing the landscaping. All areas proposed for landscaping
must be covered with bark or a substitute material approved by the Community Development
Department prior to occupancy.
67. All landscaping shall be maintained in a healthy and thriving condition, free of weeds and debris.
Prior to final occupancy, the applicants shall submit a two-year maintenance contract for
landscaping or post a two-year maintenance bond.
68. The landscaping plan shall be reviewed and approved by the Marin Municipal Water District prior
to issuance of building permits.
Department of Public Works Conditions
69. Prior to issuance of a building permit, the applicant shall pay a traffic mitigation fee for 1 net new
AM trip and 2 net new PM trips for a total of 3 peak-hour trips at the current fee of $4,246/trip for
the amount of $12,738.
70. All improvements on Mission Avenue, including storm drain, grading and utilities to support all 3
phases of work shall be completed as part of Phase 1.
71. All backflow preventers, fire department connections (FDC), and other above ground utility
structures shall be placed on private property.
72. A hydrology study shall be submitted prior to issuance of a building permit. The study shall
include hydraulic calculations for the 10-year storm frequency for pre- and post-construction
conditions to verify no increase in runoff due to the proposed development. Engineering solutions
to mitigate any increase in runoff shall be provided.
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73. The following frontage improvements along Mission Avenue shall be required:
a. Pavement restoration per a paving plan reviewed and approved by the DPW prior to issuance
of building permit. All pavement restoration shall consist of minimum 2-inch-thick asphalt
grind and overlay.
Please note, paving shall be kept in good repair at all times during site improvements and
construction to the satisfaction of the DPW. Interim repaving during construction may be
requested by the DPW.
b. Replace the sidewalk along the property frontage on Mission Ave. extending to Union Street.
c. Construct a new ADA compliant curb ramp at the northwest corner of the Mission Ave. and
Union St. intersection, including a new concrete curb return and truncated dome warning
stripes. This is the terminus of the new sidewalk requested above. Upgrade/modify the three
remaining curb ramps at the Mission Ave. and Union St. intersection to be ADA compliant.
d. The four (4) crosswalks at the Mission Ave. and Union St. intersection shall be restriped.
e. The existing curb ramp on Mission Ave. frontage, across from Mary St., shall be
replaced/upgraded to be ADA compliant.
74. A construction management plan shall be provided for review and approval by the City prior to
issuance of building permit or grading permit. The plan shall be consistent with the Preliminary
Construction Staging & Management Plan, dated 3/22/22, and include the following:
a. All materials and equipment shall be staged on-site, unless otherwise approved.
b. Traffic control plan to address on-site and off-site construction traffic.
c. Proposed construction phasing and approximate timeline.
d. All public streets and sidewalks that are impacted by the grading and construction operation
for the project shall be kept clean and free of debris at all times.
75. This project includes more than 5,000 square feet of total impervious area replacement and
creation and therefore is considered a regulated project. The project also proposes to use non-
LID facilities and will need to show equivalent effectiveness to bioretention areas in accordance
with Bay Area Stormwater Management Agencies Association (BASMAA) requirements. The
following documents are required to be provided in accordance with Marin County Stormwater
Pollution Prevention Program (MCSTOPPP) and the BASMAA requirements:
a. Stormwater Control Plan.
i.A written document to accompany the plan set used primarily for municipal review to verify
compliance with stormwater treatment requirements. (Needed to obtain a grading or building
permit.)
b. Stormwater Facilities Operations and Maintenance (O&M) plan.
i.A written document and exhibit outlining facilities on-site and maintenance activities and
responsibilities for property owners. (Provide prior to occupancy)
c. Operations and Maintenance Agreement.
i.A formal agreement between the property owner and the city that shall be recorded with the
property deed. (Provide prior to occupancy)
76. A grading permit shall be required from Department of Public Works (DPW) prior to start of
construction and shall include phase-specific grading, drainage, and erosion control plans.
77. Prior to commencing work within the public right-of-way (ROW), the applicant shall obtain an
encroachment permit from DPW.
78. A construction vehicle impact fee shall be required at the time of building permit issuance, which
is calculated at 1% of the valuation, with the first $10,000 of valuation exempt.
MITIGATION MEASURES FROM CERTIFIED FINAL EIR
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AND ADOPTED MITIGATION MONITORING AND REPORTING PROGRAM (MMRP)
79. (Mitigation Measure AQ-1): Best Management Practices. 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. Additional measures are identified to reduce construction equipment
exhaust emissions. The contractor shall implement the following BMPs:
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
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.
80. (Mitigation Measure AQ-2) Selection of equipment during construction to minimize emissions.
The project sponsor shall achieve a fleet-wide average reduction in DPM exhaust emissions from
the onsite, off-road construction equipment by 65-percent or greater in order to stay below
BAAQMD thresholds. One feasible way to achieve this reduction would include the following:
1. 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 4 engines. Where Tier 4 equipment is not available,
exceptions could be made for equipment that includes CARB-certified Level 3 Diesel
Particulate Filters or equivalent. Equipment that is electrically powered or uses non-
diesel fuels would also meet this requirement.
2. All aerial lifts shall be compressed natural gas (CNG) powered.
Alternatively, the applicant can develop a different plan demonstrating that the off-road
equipment used onsite to construct the project would achieve a fleet-wide average 65-percent
reduction in diesel particulate matter (DPM) exhaust emissions or greater
81. (Mitigation Measure BIO-1) Avoidance of Nesting Birds. Nests of native birds in active use shall
be avoided in compliance with State and federal regulations. Vegetation clearing and
construction shall be initiated outside the bird nesting season (February 1 through August 31) or
preconstruction surveys shall be conducted by a qualified biologist within a minimum of 300 feet
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from the project site where access is feasible and no more than seven days prior to any
disturbance. If active nests are encountered (i.e., one containing eggs or young), a work‐
exclusion buffer shall be implemented around the nest commensurate with the nest location and
species. In some cases, buffers may be as small as 25 feet for hidden nests (e.g., in tree or
building cavities) and/or for urban adapted species; buffers may also extend up to 300 feet for
raptors or more sensitive species. No construction activity shall occur within the established
buffer until it is determined by a qualified biologist that the young have fledged (that is, left the
nest) or the nest has become otherwise inactive (e.g. due to predation). At that time the buffer
may be removed and work within the buffer resume.
82. (Mitigation Measure BIO-2) Roosting Bat Habitat Assessment and Surveys: Prior to any tree
removal, a qualified biologist shall conduct a habitat assessment for bats. A qualified bat biologist
shall have: 1) at least two years of experience conducting bat surveys that resulted in detections
for relevant species, such as pallid bat, with verified project names, dates, and references, and
2) experience with relevant equipment used to conduct bat surveys. The habitat assessment
shall be conducted a minimum of 30 to 90 days prior to tree removal and shall include a visual
inspection of potential roosting features (e.g., cavities, crevices in wood and bark, exfoliating
bark, suitable canopy for foliage roosting species). If suitable habitat trees are found, or bats are
observed, mitigation measure BIO-3 shall be implemented
83. (Mitigation Measure BIO-3) Roosting Bat Tree Protections: If the qualified biologist identifies
potential bat habitat trees, then tree trimming and tree removal shall not proceed unless the
following occurs: 1) a qualified biologist conducts night emergence surveys or completes visual
examination of roost features that establishes absence of roosting bats, or 2) tree trimming and
tree removal occurs only during seasonal periods of bat activity, from approximately March 1
through April 15 and September 1 through October 15, and tree removal occurs using the two-
step removal process. Two-step tree removal shall be conducted over two consecutive days.
The first day (in the afternoon), under the direct supervision and instruction by a qualified biologist
with experience conducting two-step tree removal, limbs and branches shall be removed by a
tree cutter using chainsaws only; limbs with cavities, crevices or deep bark fissures shall be
avoided. The second day the entire tree shall be removed.
84. (Mitigation Measure CUL-1) Interpretation and Commemoration of Historic Resources. Prior to
issuance of demolition permit(s), the project sponsor shall undertake the following measures to
document and provide interpretation, commemoration, and salvage of the historic resources to
be demolished, as outlined below:
CUL-1a: Documentation. Prior to issuance of demolition permits, the project sponsor shall
undertake Historic American Building Survey (HABS)/Historic American Landscape Survey
(HALS)–style documentation of the property. The documentation shall be funded by the project
sponsor and undertaken by a qualified professional who meets the standards for history,
architectural history, or architecture (as appropriate) set forth in the Secretary of the Interior’s
Professional Qualification Standards (Code of Federal Regulations title 36, part 61). The
documentation package created shall consist of the items listed below:
• CUL-1a-1: HABS-style Photographs
• CUL-1a-2: HABS/HALS-style Historical Report
• CUL-1a-3: HALS-style Site Plan
• CUL-1a-4: Video Documentation
The documentation materials shall be offered to state, regional, and local repositories, including
but not limited to, the Northwest Information Center (NWIC)-California Historical Resource
Information System, San Rafael Public Library, the Marin County Free Library’s Anne T. Kent
California Room, and the Marin History Museum. Materials will either be provided in digital or
hard copy formats depending on the capacity and preference of the repository.
CUL-1a-1: HABS-style Photographs. Digital photographs will be taken of the contributing
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buildings and landscape elements and the overall character and setting of the historic resource.
All digital photography shall be conducted according to current National Park Service standards
as specified in the National Register Photo Policy Factsheet (updated May 2013). The
photography shall be undertaken by a qualified professional with demonstrated experience in
documentation photography. Large format negatives are not required. The scope of the digital
photographs shall be reviewed and approved by the Planning Division’s staff for concurrence.
Photograph views for the data set shall include contextual views of the site and each contributing
landscape element and building; elevations of each façade of each building; and detail views of
character-defining features. All photographs shall be referenced on a photographic key map or
site plan. The photographic key shall show the photograph number with an arrow to indicate the
direction of the view.
CUL-1a-2: HABS/HALS-style Historical Report. A written historical narrative and report will
be produced that meets the HABS/HALS Historical Report Guidelines. This HABS/HALS-style
Historical Report may be based on the documentation provided in the 2017 Historic Resource
Evaluation for the site and will include historic photographs and drawings, if available. The written
history shall follow the standard outline format that begins with a statement of significance for
the historic district, describes the architectural and historical context of the district, and includes
descriptions of each contributing building and landscape feature.
CUL-1a-3: HALS-style Site Plan. A HALS-style site plan shall be prepared that depicts the
existing sizes, scale, dimensions, and relative locations of the contributing landscape elements
and buildings related to the historic resource. Particular attention will be paid to the arrangement
and plantings of landscape features that are contributing resources to the historic resource.
Documentation of all plantings is not required, but depiction of the locations and types of mature
trees, and designed hardscape and landscape features shall be included.
CUL-1a-4: Video Recordation. Video recordation shall be undertaken prior to the issuance of
demolition permits. The project sponsor shall undertake a video documenting the historic
resource and its setting. The documentation shall be conducted by a professional videographer,
preferably one with experience recording architectural resources. The documentation shall be
narrated by a qualified professional who meets the Secretary of the Interior’s Professional
Qualification Standards for history, architectural history, or architecture (as appropriate). The
documentation shall include as much information as possible—using visuals in combination with
narration—about the materials, construction methods, current condition, historic use, historic
context, and historic significance of the historic resource. The video documentation shall be
reviewed and approved by the Planning Division’s staff prior to issuance of demolition permits.
CUL-1b: Interpretation. The project sponsor shall provide a permanent display (or multiple
displays) of interpretive materials concerning the history of Aldersly in the Northern California
Danish-American community and the architectural features of the Aldersly Retirement
Community campus as designed in the 1961-1968 master plan by master architect Rex Whitaker
Allen. Interpretation of the site’s history shall be supervised by an architectural historian or
historian who meets the Secretary of the Interior’s Professional Qualification Standards. The
high-quality interpretive display(s) shall be installed within the project site boundaries, made of
durable, all-weather materials, and positioned to allow for high public visibility and interactivity.
In addition to narrative text, the interpretative display(s) may include, but are not limited to, a
display of photographs, news articles, memorabilia, drawings, and/or video. A proposal
describing the general parameters of the interpretive program shall be approved by the Planning
Division’s staff prior to issuance of building permits. The content, media, and other characteristics
of the interpretive display shall be approved by the Planning Division’s staff prior to issuance of
a Temporary Certificate of Occupancy.
CUL-1c: Salvage. Prior to any demolition or construction activities that would remove character-
defining features of a resource that is a contributor to the historic resource on the project site,
the project sponsor shall consult with a qualified architectural historian or historian who meets
the Secretary of the Interior’s Professional Qualification Standards as to whether any such
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features may be salvaged, in whole or in part, during demolition/alteration. The project sponsor
shall submit a list of materials that will be salvaged and reused either on the site or within the
interpretive program to the Planning Division for review prior to the beginning of demolition on
the site. The project sponsor shall make a good faith effort to salvage materials of historical
interest to be utilized as part of the interpretative program. No materials shall be salvaged or
removed until HABS/HALS-style recordation and documentation are completed.
85. (Mitigation Measure CUL-2) Conduct Cultural Resources and Tribal Cultural Resources
Sensitivity and Awareness Training Program Prior to Ground-Disturbing Activities. Prior to
issuance of a building permit, grading permit, or demolition permit involving any potential ground
disturbing activity, all construction contractor(s) responsible for overseeing and operating
ground‐disturbing mechanical equipment (e.g., onsite construction managers and backhoe
operators) shall be required to participate in a cultural resources and tribal cultural resources
sensitivity and awareness training program (Worker Environmental Awareness Program
[WEAP]) for all personnel involved in Project construction, including field consultants and
construction workers. The WEAP shall be developed by an archaeologist that meets the
Secretary of the Interior’s Professional Qualifications Standards in archaeology, and by culturally
affiliated Native American tribes.
The WEAP training shall be conducted by an archaeologist that meets the Secretary of the
Interior’s Professional Qualifications Standards in archaeology. A representative from the
Federated Indians of Graton Rancheria (FIGR) shall be invited to participate in the training.
The WEAP training shall be conducted before any Project-related construction activities begin at
the Project site. The WEAP will include relevant information regarding sensitive cultural
resources and tribal cultural resources, including applicable regulations, protocols for avoidance,
and consequences of violating State laws and regulations. The WEAP will also describe
appropriate avoidance and impact minimization measures for cultural resources and tribal
cultural resources that could be located at the Project site and will outline what to do and who to
contact if any potential cultural resources or tribal cultural resources are encountered. The WEAP
will emphasize the requirement for confidentiality and culturally appropriate treatment of any
discovery of significance to Native Americans and will discuss appropriate behaviors and
responsive actions, consistent with Native American tribal values.
The project sponsor shall maintain a record of all construction personnel that have received this
training and provide the record to the City. These records shall be submitted to the City prior to
issuance of a building permit involving any ground disturbing activity and shall be maintained by
the applicant throughout the duration of the construction period. A final record shall be submitted
to the City prior to issuance of a certificate of occupancy.
86. (Mitigation Measure CUL-3) 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 and FIGR Tribal Monitor can assess the 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).
87. (Mitigation Measure CUL-4) Protect Human Remains Identified During Construction. In
accordance with the California Health and Safety Code, if the find includes human remains, or
remains that are potentially human, they shall ensure reasonable protection measures are taken
to protect the discovery from disturbance (Assembly Bill [AB] 2641). The archaeologist shall
notify the Marin County Coroner (per § 7050.5 of the Health and Safety Code) and the provisions
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of § 7050.5 of the California Health and Safety Code, § 5097.98 of the California PRC, and AB
2641 shall be implemented. If the coroner determines the remains are Native American and not
the result of a crime scene, the coroner will notify the NAHC, which then will designate a Native
American Most Likely Descendant (MLD) for the Project (§ 5097.98 of the PRC). The designated
MLD will have 48 hours from the time access to the property is granted to make
recommendations concerning treatment of the remains. If the landowner does not agree with the
recommendations of the MLD, the NAHC can mediate (§ 5097.94 of the PRC). If no agreement
is reached, the landowner shall rebury the remains where they will not be further disturbed (§
5097.98 of the PRC). This shall also include either recording the site with the NAHC or the
appropriate Information Center; using an open space or conservation zoning designation or
easement; or recording a reinternment document with the county in which the property is located
(AB 2641). Work may not resume within the no-work radius until the lead agencies, through
consultation as appropriate, determine that the treatment measures have been completed to
their satisfaction.
88. (Mitigation Measure TCR-1) Survey of Site by Trained Human Remains Detection Dogs. Prior to
the issuance of a grading or building permit, the project sponsor shall provide written evidence
to the City’s Community Development Department that a qualified consultant has been retained
to conduct a survey of the site using trained human remains detection dogs. The survey shall be
performed after the demolition of structures but prior to when trenching, grading, or earthwork
on the site commences. If the survey results in the identification of an area potentially containing
human remains, the area should be avoided. If avoidance is not feasible, then the City shall
require that a professional archaeologist be retained to conduct subsurface testing, in the
presence of a tribal representative from FIGR, to verify the presence or absence of remains. If
human remains are confirmed, then the procedures in the PRC and Mitigation Measure CUL-3
shall be followed.
89. (Mitigation Measure TCR-2) Archaeological and Native American Monitoring and the Discovery
of Cultural Materials and/or Human Remains. Prior to issuance of a grading permit or building
permit, the project sponsor shall retain a Secretary of the Interior-qualified archaeologist, with
input from the Federated Indians of Graton Rancheria (FIGR), to prepare a Cultural Resources
Monitoring Plan. Monitoring shall be required during initial ground-disturbing activities and may
be extended should the area be determined to require monitoring of deeper sediments, according
to a schedule outlined in the Cultural Resources Monitoring Plan. The plan shall include (but not
be limited to) the following components:
Person(s) responsible for conducting monitoring activities, including an archaeological
monitor and an appropriate number of FIGR Tribal monitors (number and kind of appropriate
monitors to be determined in consultation with FIGR);
Person(s) responsible for overseeing and directing the monitors;
How the monitoring shall be conducted and the required format and content of monitoring
reports, including schedule for submittal of monitoring reports and person(s) responsible for
review and approval of monitoring reports;
Protocol for notifications in case of encountering cultural resources, as well as methods of
dealing with the encountered resources (e.g., collection, identification, appropriate
documentation, repatriation); and
Methods to ensure security of cultural resources sites, including protective fencing, security,
and protocol for notifying local authorities (i.e. Sheriff, Police) should site looting or other
resource damaging or illegal activities occur during construction.
During the course of the monitoring, the archaeologist, in consultation with FIGR Tribal monitor,
may adjust the frequency—from continuous to intermittent—based on the conditions and
professional judgment regarding the potential to impact cultural and tribal cultural resources. If
significant tribal cultural resources are identified onsite, all work shall stop immediately within
100 feet of the resource(s).
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90. (Mitigation Measure GE0-1) Prior to a grading or building permit submittal, the project sponsor
shall prepare a final 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 Geotechnical
Investigation prepared by Rockridge Geotechnical, August 31, 2020.
91. (Mitigation Measure GE0-2) 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, 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 analysis, 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 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."
92. (Mitigation Measure NOI-1) Construction Noise. Prior to the issuance of a grading permit or
building permit, the project sponsor shall submit a Construction Noise Management Plan (CNMP)
prepared by a qualified acoustical consultant. The CNMP shall identify noise attenuation
measures to further reduce potential impacts related to construction noise. Noise attenuation
measures include, but are not limited to, the following:
a. Installation of a temporary noise barrier along the east and west property lines of the site.
The barrier can be constructed with plywood or another appropriate material with cracks or
no gaps. The purpose of the barrier is to provide a noticeable reduction of the noise and
meet 90 dBA at residential receivers on neighboring properties along the common east and
west property lines, where reasonably feasible. The height of the noise barrier, which may
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be up to 12 feet at certain locations, shall take into account the height of the construction
noise sources and site grading and shall be specified in the Construction Noise
Management Plan.
b. All construction equipment shall be equipped with mufflers and sound control devices (e.g.,
intake silencers and noise shrouds) that are in good condition and appropriate for the
equipment.
c. Maintain all construction equipment to minimize noise emissions.
d. Stationary equipment shall be located on the site to maintain the greatest possible distance
to the existing residences, where feasible.
e. Unnecessary idling of internal combustion engines shall be strictly prohibited.
f. Provide advance notification to surrounding land uses disclosing the construction schedule,
including the various types of activities that would be occurring throughout the duration of
the construction period
g. The construction contractor shall provide the name and telephone number of an on-site
construction liaison. If construction noise is found to be intrusive to the community
(complaints are received), the construction liaison shall investigate the source of the noise
and require that reasonable measures be implemented to correct the problem.
h. Schedule high noise-producing activities during times when they would be least likely to
interfere with the noise sensitive activities of the neighboring land use, when possible.
i. Use noise control blankets on temporary fencing that are used to separate construction
areas from occupied on-site areas.
j. Temporarily relocate residents of on-site dwelling units that are very close to the
construction activities.
k. Consider upgrading windows to reduce construction noise at on-site dwelling units closest
to the construction activities.
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 City Council of the City of San Rafael,
held on Monday, the 5th day of December 2022 by the following vote, to wit:
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: None
Lindsay Lara, City Clerk