HomeMy WebLinkAboutCC Resolution 13976 (MSS Master Plan)RESOLUTION NO. 13976
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AN
ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED09-031), MASTER USE PERMIT
(UP09-020), AND LOT CONSOLIDATION FOR AMENDMENT TO THE MARIN SANITARY
SERVICE FACILITY MASTER PLAN LOCATED AT 1050 ANDERSEN DRIVE AND 535-565
JACOBY STREET
APN'S: 018-180-72 THROUGH 76
WHEREAS, Marin Sanitary Service (MSS) submitted zoning applications ZC09-001,
UP09-020, ED09-031 and S09-002 to amend its current Master Plan in order to address minor
changes to its operational use areas, open space lands, and an unpermitted expansion of mini -
storage uses on its properties totaling 82.15 acres and located within the PD 1580 and I zoning
districts; and
WHEREAS, the existing outdoor storage uses on the 2.78 acre Golden Gate Bridge
Highway & Transportation District (GGBHTD) lands may continue as interim uses until such time
as these uses cease, which is anticipated to occur when SMART commences with the rail right-of-
way improvements; and
WHEREAS, on June 23, 2015, the San Rafael Planning Commission held a duly noticed
public hearing on the proposed Use Permit, Environmental and Design Review Permit and Lot
Consolidation requests (UP09-020, ED09-031 and S09-002), accepting all oral and written public
testimony and the written report of the Community Development Department staff.
WHEREAS, at its June 23, 2015 meeting the Planning Commission voted on a 5-1 vote
(member Belletto opposed), to recommend that the City Council adopt findings as required
pursuant to San Rafael Zoning Code and approve the requested Zoning Entitlements, subject to
conditions; and
WHEREAS, by adoption of a separate resolution, the San Rafael Planning Commission
has recommended that the City Council amend the 82.15 acre Marin Sanitary Service site from
PD1580 and I zoning district to revised PD district; and
WHEREAS, by adoption of a separate resolution, the San Rafael Planning Commission
has recommended that the City Council amend the zoning for the 2.78 acre Golden Gate Bridge
Highway & Transportation District (GGBHTD) lands located at APN 016-141-03 from PD 1580 to
P/QP; and
WHEREAS, by adoption of a separate resolution, the City Council has adopted a Mitigated
Negative Declaration and Mitigation Monitoring and Reporting Program (MMRP) prepared for the
MSS Master Plan Amendment Project as the CEQA environmental document for the project; and
WHEREAS, the City Council, by separate action, has passed an Ordinance approving the
Marin Sanitary Service Master Plan Rezoning.
NOW THEREFORE BE IT RESOLVED, the City Council makes the following findings:
Use Permit Findings (UP09-020)
A. The City Council has exercised its independent judgment and analysis, considered staff's
recommendation and comments received during the public review period, and determined on
the basis of the whole record before it that the Mitigated Negative Declaration for the project
is appropriate and consistent with the provisions of CEQA in that:
a. The project involves minor text and map amendments to an existing Planned
Development District (PD) and minor revisions to use and operations of the existing
Marin Sanitary Service municipal waste management facility with negligible change in
intensity of use, and
b. Removal of unpermitted improvements in open space and work areas of the site has
occurred and preservation of existing hillside open space areas and vegetation in the
open space Area E is required as a condition of use permit and lot consolidation
approval, and
c. Mitigation measures have been identified in a mitigation monitoring and reporting
program prepared for the project, including future anticipated waste to energy
conversion facility equipment, and will be required as conditions of the project
approval to mitigate against any potential, though unlikely, environmental
consequences that could occur to known biological resources and cultural resources as
a result of site grading or tree removal associated with anticipated site work required to
upgrade the site fire suppression equipment or similar and other impacts identified that
may occur as a result of future potential equipment or improvements, and
d. There is no substantial evidence that the project will have a significant effect on the
environment.
B. The use as proposed and conditioned is in accord with the General Plan, the objectives of the
Zoning Ordinance, the specific purposes of Chapter's 14.07 (Planned Development District),
14.16 (Site and Use Regulations), 14.18 (Parking Standards), 14.22 (Use Permits) , 14.25
(Design Review), and 14.27 (Amendments) as follows:
a. The existing and future anticipated waste management facility uses, interim storage
uses, and private open space uses are consistent with the underlying General Plan 2020
Conservation and Industrial land use designations which support the continuation of
these existing activities on the site.
b. The proposed MSS Master Plan Amendment has been reviewed for consistency with
the applicable zoning provisions which assure that the zoning ordinance general
purposes contained in SRMC Section 14.01.030 are satisfied.
c. The specific standards of the PD zoning have been satisfied based on the fact that the
project has been rezoned to a revised PD by separate ordinance that includes
development standards and zoning provisions that implement the underlying General
Plan 2020 Conservation and Industrial land use designations.
d. The specific purposes of the applicable zoning ordinance provisions have been satisfied
based upon the evaluation of the project for consistency with all applicable standards
referenced above, including public review of the project entitlements, and by
confirmation in staff's report and through the public review process that the site and
use regulations, parking standards, use permit and design review criteria and findings
have been considered and adequately addressed.
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C. The use as proposed and conditioned is consistent with the applicable zoning provisions given
that the Master Use Permit would comply with the PD district development standards adopted
for the site that implement the underlying General Plan 2020 land use designation.
Furthermore, the standards adopted for the site are entirely in keeping with the 36 -foot
maximum height limit, 0.38 maximum industrial floor area and 0.0 maximum open space
floor area limitations, reasonable parking requirements, outdoor storage limitations, lot
coverage and setback standards, landscaping and related development standards established by
the Zoning Ordinance and General Plan 2020 for the site and adjacent developed industrial,
commercial and open space areas.
D. As conditioned, the project minimizes adverse environmental impacts and will not be
detrimental to the public health, safety or welfare, nor materially injurious to properties or
improvements in the vicinity given that the project has been reviewed by the appropriate
agencies and conditioned accordingly.
Environmental and Design Review Permit Findings (ED09-031)
A. The master design approval is in accord with the General Plan 2020 and the objectives of the
Zoning Ordinance as outlined in Use Permit 09-020 Finding B above.
B. The master design approval is in accord with the purposes of Chapter 14.25 (Design Review)
and consistent with all applicable site, architecture and landscaping design criteria and
guidelines for the subject PD district in which the site is located as follows:
a. The site development complies with the existing and amended PD district criteria and
development plan established for concurrent zoning amendment ZC09-001, as further
outlined in Use Permit 09-020 Finding C above.
b. The project would require enhancement and upgrade of the existing facility through
new parking and landscaping improvements and no new construction is currently
proposed that would alter the character of the site.
c. The design criteria in Chapter 14.25 would be satisfied based on the minimal change
proposed and requirement that any further improvements shall be subject to subsequent
design review and approval.
d. The building and improvements are appropriate for the proposed industrial and open
space uses and compatible with surrounding developed commercial and industrial uses
in the vicinity.
e. No significant work or alterations are proposed within the hillside, wooded open space
of Area E.
f. Site access and circulation improvements would result in safe and efficient vehicle and
emergency vehicle circulation.
g. Conditions of approval require ongoing site maintenance.
h. Upgrade to existing sites is encouraged in the Canal Neighborhood. There are no
specific Canal Neighborhood design criteria that apply to the site.
C. As conditioned, and discussed in Use Permit UP09-020 Finding A, the project design
improvements minimize adverse environmental impacts.
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D. As conditioned, and consistent with the Use Permit UP09-020 Finding D, the project design
will not be detrimental to the public health, safety or welfare, nor materially injurious to
properties or improvements in the vicinity given that the project has been reviewed by the
appropriate agencies and conditioned accordingly.
Lot Consolidation Findings (S09-002)
A. Pursuant to San Rafael Municipal Code Chapter 15.05, the consolidation of Parcels A through
E into one parcel is appropriate and consistent with the City Subdivision Regulations, the
State Subdivision Map Act, the property revised PD zoning, and building code requirements
given that it is required to address areas of noncompliance with zoning standards, to allow
extension of utilities to parcels that are currently land -locked and to assure ongoing
maintenance of the property and preservation of the open space portion of the site by the
current single property ownership.
B. As proposed and conditioned, the lot consolidation would not have any adverse environmental
impacts or affects to the health, safety or welfare of the general public or surrounding
properties, as discussed in Use Permit 09-020 Finding A and D above.
BE IT FURTHER RESOLVED, that the City Council of the City of San Rafael hereby
approves the Master Use Permit, Environmental and Design Review Permit and Lot Consolidation
applications, subject to the following conditions:
Use Permit Conditions (UP09-020)
Community Development Department, Planning Division
General Conditions
1. This Master Use Permit approval is granted for the continued operation of a waste
management facility use on the subject property at 1050 Andersen Drive and 535-565 Jacoby
Street, primarily established to provide municipal waste recovery, recycling, reduction, transfer
and disposal of municipal waste material, and related services to San Rafael and surrounding
communities within Marin County, as specified herein. This approval includes the future
inclusion of new activities and technologies such as composting, waste to energy conversion
equipment, etc., that are determined by the Community Development Director and local waste
facility permitting agency to be consistent with the primary facility purpose to collect, process,
manage and reduce municipal waste sent to sanitary landfills.
2. This Master Use Permit approval (UP09-020) shall supersede all prior use permit approvals
granted for the approximately 82.15 acre Marin Sanitary Service (MSS) site, and shall apply to
all existing and future uses on the property. Any future changes in uses of the site shall be
subject to prior review and approval by the Planning Division for compliance with this use
permit, the Master Development Plan, and to determine whether any amendment of the Master
Use Permit shall be required.
3. The existing outdoor storage uses on the 2.78 acre parcel owned by the Golden Gate Bridge
District, APN 018-141-03, may continue as an interim use until such time as SMART begins
right-of-way work in the area and precludes crossing of the rail lines (or at such time as notice
to vacate is given by the Bridge District).
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4. The applicant shall obtain all required permits(s) from local and state agencies as required
prior to construction of any additional facility improvements and for ongoing operations of the
waste management facility; including but not necessarily limited to, the Marin County
Environmental Health, State Waste Resources Control Board, Ca Integrated Waste
Management Board, Regional Water Quality Control Board and Bay Area Air Quality
Management District.
5. Copies of permits required from the CA Integrated Waste Management shall be provided to
City upon request, prior to issuance of permits for construction of facility improvements.
6. All uses of the site shall be consistent with the Planned Development zoning approval ZC09-
001, establishing the Master Plan and Zoning Standards for the subject site.
7. The owner shall obtain separate permits for construction and/or establishment of waste
management facility uses and site improvements allowed consistent with this master use
permit approval. This includes, but is not limited to, any required building permits, grading
permits, encroachment permits and / or utility connections.
8. New structures and/or site improvements shall be subject to subsequent design review and
approval as required by the Master Development Plan and/or zoning district standards or
determined by the Community Development Director. This includes but is not limited to any
new grading, new permanent structures for outdoor storage areas, caretaker unit, animal
shelters, significant landscape modifications or new parking or lighting improvements.
Permitted Land Uses
9. Marin Sanitary Service (MSS) Waste Management Facility operations shall be permitted
within the designated "work areas", Areas A through D as shown on the Master Use Permit
Land Use Map (development plan). These work areas are generally located at the base of the
property hillside slope, outside of and below the open space Area E, in previously filled and
graded site areas. The work areas contain all structures, outdoor yard and materials processing
areas, ancillary sales and storage of resource and recovery materials, and interim storage uses
permitted as a part of the MSS facility operations.
Area E is a steeply upsloping and wooded portion of the site extending up to San Quentin
Ridge and San Rafael corporate boundary to the south that shall be preserved and maintained
as private open space.
General uses and activities permitted in the work and open space areas are as follows:
• Area A — Approximately 12.2 acres of MSS property area located at 1050 Andersen Drive,
between Andersen Drive and Jacoby Street, containing the majority of the MSS waste
management facility buildings (i.e., recycling center, transfer stations, resource recovery,
household hazardous waste, metals and wood materials recovery, administrative offices, 72
covered truck parking and loading docks, etc.). The area contains approximately 237,716
square feet in building area and 54,307 square feet of covered parking structures. An
educational classroom facility associated with the MSS use has historically been located on
the upper floor of the recycling building.
• Area B — Approximately 5.12 acres south of Jacoby Street at the site entrance of Jacoby
Street, permitting the following:
a) 395 portable container units proposed for public self-storage/contractor storage, as
an interim use of the site area which shall be reserved for future operational
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activities and uses. Changes in number of containers shall be subject to prior review
and approval by the City to confirm compliance with these conditions of approval.
b) Existing small animal husbandry pen and shelters housing approximately 50
`barnyard' animals (e.g., swine, goats, horses used for stripping yard waste) as
interim use of the site area.
c) Future MSS facility operations, including but not limited to inert processing,
storage, recycling and ancillary sales of materials.
• Area C — Approximately 5.92 acres just east of Area A and Area B, used for inert
processing operations including concrete recycling recovery and bulk storage of soil
products (including interim retail soils sales use by A&S Landscape Materials), fire wood
storage above a gabion wall, and ancillary sales of materials associated with and in support
of recovery operations. No existing structures currently.
Area D — Approximately 8.03 acres at the west end of the site, permitting the following:
a) Inert processing operations including bulk storage and soil recycling.
b) 54 portable container units for MSS operations.
c) 233 portable container units for public self-storage/contractor storage, as an interim
use of the site area which shall be reserved for future operational activities and
uses.
d) Changes in number of containers on-site shall be subject to prior review and
approval by the City to confirm compliance with these conditions of approval.
e) 10,200 square foot Resource Recovery and Storage building. Ancillary sales of
materials associated with and in support of recovery operations is also a part of
operations.
f) Future MSS facility operational activities and uses
• Area E — Approximately 50.87 acres shall be preserved as private hillside open space,
south of the operational "work" areas A through D. This Area contains paved fire roads,
limited grazing, bee and animal keeping, and a 1,886 square foot existing storage shed
located just above the 100 -foot contour elevation near the common border of Area C and
D. The following specific conditions apply to the open space Area E:
a) The open space boundary for Area E shall be permanently established to protect
and secure the area as private open space, as shown on the approved development
plan map that addresses existing encroachments, removal of unpermitted uses and
activities, and installation of gates and markers to clearly demarcate the open space
boundary.
b) The restriction on use of Area E as private open space shall be included in the
revised property deed description.
c) The approximately 265,000 square feet of concrete paving placed on the fire roads
and creating excess paved areas throughout the private open space Area E may be
permitted to remain, provided that they shall not be expanded nor used for storage
of any materials or containers in a permanent or temporary based manor.
d) Removal of concrete paving may be allowed subject to obtaining any required
grading permits from the City.
e) The paved roadways permitted to remain in the open space area shall be maintained
in good repair and condition. This shall include patching cracks, potholes and
maintaining drainage controls. A grading permit shall be obtained for removal,
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significant repair or replacement of paved roadway material and/or drainage
systems.
f) Limited structures for existing permitted animal keeping operations may be
maintained, and may be replaced subject to prior review and approval by the
Planning Division.
Implementation of Use & Ongoing
10. All five (5) MSS facility Parcels A through E shall be merged as one legal lot of record,
pursuant to concurrent Lot Consolidation Approval S09-002. The lot consolidation deed shall
describe the Open Space Area E boundary and limitations on use and access for this area,
which shall be maintained as private open space with limited uses and improvements as
described in use permit condition 8 above.
11. If the improved portion of Jacoby Street right-of-way (located at the westerly end of the site
and within the current access gates) is abandoned and title is transferred to the applicant, this
area shall be covered by the master use permit and generally be identified as a part of Area B.
12. The following parking requirements shall apply:
a) On-site parking for the use shall be increased from the pre-existing 198 spaces to 228
spaces, as indicated on approved project plans.
b) Additional parking for new or expanded buildings shall be required as determined by
the Community Development Director based on review of the subject PD zoning
standards and Municipal Code regulations.
c) Off-street parking spaces for employees and visitors shall be maintained clear of
materials and/or storage and available for parking at all times.
d) The applicant shall install at least three (3) spaces for alternative fuel vehicles. Further,
pre -wiring for electric vehicle charging stations shall be considered.
e) New or additional bicycle parking spaces shall be provided at 1050 Andersen Drive
(Area A) to bring the bicycle parking up to code for the parking lot expansion. This
shall require at least two (2) short-term parking spaces.
13. The following limitations on hours of operations shall apply to the MSS facility use:
a) On weekdays, MSS waste management facility shall be permitted to operate from 6:00
AM and close to the public no later than 4:00 PM Monday through Friday, with the
following restrictions:
i. Signage shall be posted and maintained on the site access gates that states
"Gates Close at 4:00 PM".
ii. No additional vehicles shall be permitted to enter the facility for waste
management services after 4:00 PM.
iii. No further vehicle queuing shall be allowed if vehicles cannot be served by the
4:00 PM closing time.
b) On Saturday and Sunday the facility operations shall be permitted during normal
daytime hours of 6:00 AM to 9:00 PM, and compliance with the City Noise Ordinance.
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c) Use of educational classroom facilities (currently established on the upper floor of the
existing recycling facility building on Area A) may be re -opened after 6:30 PM
Monday through Friday.
14. The following additional operational restrictions shall apply to the MSS facility use:
a) On-site disposal or storage of waste material collected by MSS and intended for
transfer to a landfill is not permitted.
b) Open burning of waste material is not proposed, nor permitted.
c) This use permit approval does not include approval for any off-site work areas.
d) Perimeter fencing with privacy slat screening shall also be maintained between the site
work areas and adjacent developed properties to the north, east and west, as necessary
to screen site activities from public view.
e) Materials, vehicles and containers stored within the approved work areas shall, in
general, be kept no higher than twenty feet (20') above the ground surface.
f) Appliances and other metal parts to be crushed shall have all liquids removed only in
accordance with nationally accepted practices and federal, state and local laws and
ordinances. All such liquids shall be collected in containers and prevented from
entering sewers and storm drains, and disposed of off-site in accordance with state and
federal standards for the materials.
g) Stored (unused) debris containers shall be drained, covered and maintained to prevent
retention of rainwater.
h) Minor expansions and/or alterations of buildings and uses may be allowed to
accommodate future waste management needs of the communities served by MSS and
which are determined by the Community Development Director to be minor and
consistent with the master use permit approval and development plan.
i) Design review approval shall be required for new structures or improvements, as
required by the Municipal Code, and/or as determined by the Community Development
Director.
j) One (1) caretaker unit may be provided on-site, subject to review and approval of the
size and location by the Planning Department and issuance of a building permit.
15. The following noise, odor and hazardous materials controls shall apply to the use:
a) The site activities shall not result in or generate noise levels that would exceed 70 dBA
(Ldn) measured at the property exterior boundary lines.
b) All machinery within buildings and vehicles within yard areas shall be properly
maintained and muffled.
c) MSS shall manage and control potential odors associated with its waste recovery,
transfer and handling to assure that undue odors from waste management operations are
not detectable off-site. Additional measures shall be required if the site generates future
odor issues as a result of facility operations.
d) Measures to control dust and debris shall be implemented at all times. Public contact
with reclaimed water utilized for dust control purposes shall not be allowed.
e) On-site composting activities shall be governed by state regulatory authorities including
Regional Water Quality, Regional Air Quality, and subject to best management
practices.
f) All required local or state toxic waste permits from the Bay Area Air Quality
Management District shall be maintained as required for the site. A "risk screen" which
analyzes potential toxic emissions for the household hazardous waste collection center
shall be prepared/maintained/updated, as required.
g) Mitigations affecting the generation of odors associated with the facility operations,
including within the on-site transfer station and materials recovery building, shall be
consistent with mitigations identified in the Report of Station Information (solid waste
permit) (submitted for prior UP96-8).
h) Mitigations affecting the generation of noise associated with the facility operations,
including within the on-site transfer station and materials recovery building, shall be
consistent with mitigations identified in the Report of Station Information (solid waste
permit) (submitted for prior UP96-8). Specifically, employees located within these
facilities shall be provided ear plugs.
i) Mitigations affecting the load checking program for illegal hazardous waste disposal
within the on-site transfer station and materials recovery building, shall be consistent
with mitigations identified in the Report of Station Information (solid waste permit)
(submitted for prior UP96-8).
j) Construction and daily operations of the facility shall be in accordance with the
`Proposal to Establish a Household Hazardous Waste Collection Center and Operate a
Mobile Satellite Facility', prepared for the County of Marin (per prior UP96-8).
k) The following measures have been required to incorporated into the permit and shall be
enforced for the duration of the use and future modifications: (1) The hazardous
materials collection area shall be covered with a metal roof with bins provided for
materials; (2) Each hazardous material shall be stored in separate containers; (3) An
employee training plan shall be prepared and implemented; (4) A separate drainage
plan for the facility shall be prepared; (5) Appropriate fire extinguishing equipment
shall be located on-site; (6) Customers shall remain in vehicles during the removal of
the household hazardous waste materials.
1) Recycling of motor vehicle oil, car batteries, latex paints shall be consistent with the
Hazardous Materials Management Plan established for the operations of this facility.
(per prior UP96-8)
16. The interim public and contractor storage container use shall be subject to the following
conditions:
a) Approval is granted to retain 628 containers for rent to the general public and/or
contractors for personal storage use as an interim use of outdoor yard areas, subject to
the payment of traffic mitigation fees for increased trips above the baseline level
established by DPW (e.g., 240 existing storage containers as approved in 1992).
b) An increase in the number of containers to remain on-site for public storage use may be
requested, subject to review and approval by the City to confirm compliance with
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standards and conditions of approval, which shall not exceed 705 total public and
private storage containers.
c) All containers including any additional storage containers proposed for use by MSS
shall be subject to prior review and approval of placement by the City Community
Development Department, Fire Department and Public Works Department.
d) Public storage container use within Area B shall maintain a six-foot (6') high chain-
link fence enclosure with privacy slat inserts around the use.
e) Administrative design review shall be required for modification of container
placement.
17. The ancillary animal husbandry area of the project shall be consistent with the following
conditions.
a) Pens shall be cleaned at least once a day to remove animal waste in solid bedding.
b) Fresh straw/woodchips and/or sawdust "bedding" shall be applied to the area on a
weekly or bi-weekly basis.
c) The "bedding" and other solid waste material shall be deposited in a closed dumpster
prior to disposal off-site to prevent flies and pests.
d) Dumpsters shall be cleaned routinely to prevent fly breeding.
e) The area shall be swept free of all debris, fecal material and food wastes before
washing this area down.
f) Food shall be adequately stored in an area that is kept clean and is sealed to prevent
attraction of rodents.
g) All activities within the animal husbandry area shall comply with the requirements or
recommendations of the Marin Humane Society.
18. Site and building improvements, as well as all new required parking, landscaping, drainage,
and associated proposed and required site improvements shall be installed and maintained in
compliance with the requirements of concurrent approval ED09-031. This shall include, but
not be limited to the following, as indicated on approved project plans and/or required herein:
a) Install new drainage improvements, stormwater bio-swales and landscape
improvements.
b) Provide improved fire protection for the site (e.g., new 8" fire lines with three new fire
hydrants in Area D, new fire hydrants in Area C, one new hydrant in Area B, or as
otherwise approved by the Fire Department at time of issuance of required
construction/grading permits).
c) Install separation fencing, gates and/or posts to demarcate the open space boundary
Area E from work areas, Area B through D.
d) Provide signage on access gates into open space Area E identifying that the area is
Restricted Private Open Space.
e) Obtain a building permit and final inspections for the gabion wall constructed in Area
C.
f) Install landscape screening as indicated on approved plans.
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g) Install/maintain lighting for the site as required by project design approvals, ED09-031.
19. Prior to approval of installation of future bio -mass and/or anaerobic digestion equipment on
the site, the applicant shall prepare and implement a Fire Safety Plan that outlines fire hazards,
describes facility operations procedures to prevent ignition of fires, requires regular inspection
of fire suppression systems, and provides worker training in safety procedures as well as
protocols for responding to fire incidents. The Fire Safety Plan shall be reviewed and approved
by the local fire enforcement agency. (Implement Mitigation Measure HAZ-1).
20. Project environmental mitigation measures shall be implemented and traffic mitigation fees for
the container storage uses shall be paid as identified in the design review conditions ED09-
031.
21. This amended Master Use Permit approval for MSS shall be valid for the duration of the use.
However, within sixtv (60) days from date of approval the applicant shall pursue all
requirements necessary to address existing areas of noncompliance. All work shall then be
pursued diligently to completion, in compliance with the approved phasing plan as outlined in
ED09-031 conditions of approval.
22. This Master Use Permit UP09-020 shall run concurrently with Master Design Review permit
ED09-031 and Lot consolidation S09-002 approvals.
Environmental and Design Review Permit Conditions (ED09-031)
General Conditions of Approval
Community Development Department, Planning Division
1. The applicant shall submit a $2,000.00 deposit to the Community Development Department,
Planning Division for condition compliance and mitigation monitoring. This deposit shall be
used to cover the full cost of staff time required to ensure established deadlines are satisfied,
required permits are obtained, required improvements are installed, and environmental
mitigation measures are implemented as required herein. This shall include annual monitoring
required for the first four (4) years following project approval to confirm ongoing compliance
with the MSS Master Plan is maintained. The applicant shall submit a monitoring report to the
Community Development Department, Planning Division, by January 1 of each year beginning
January 1, 2016, through January 1, 2020. The monitoring shall address Areas A through E to
confirm all activities and improvements are being maintained and/or used in compliance with
project approvals. This shall include the following components:
a. Container storage areas on Area B and Area D quantity and placement remains
compliant with approvals.
b. Open Space Areas are being maintained free of storage of any equipment or materials,
permitted roadways are in good repair and condition.
c. Barrier markers, fencing and landscaping are in place and in good condition.
d. Staff will conduct site visits as needed to confirm the monitoring report.
e. Formal monitoring shall be continued after the initial four year period if deemed
necessary by the Community Development Director. The schedule may be adjusted to
bi-annual, and may be discontinued if good faith compliance has been demonstrated.
2. This Environmental and Design Review Permit approval (ED09-031) shall supersede all prior
design permit approvals granted for Marin Sanitary Service (MSS) site. Any alterations or
additions shall be subject to prior review and approval by the Planning Division for
compliance with this approval and the Master Development Plan.
3. New structures and significant site improvements shall be subject to prior design review and
approval by the City Planning Division. Changes to building colors, materials, details and
fences, landscaping, lighting and parking lot improvements shall be subject to review by the
Planning Division to assure compliance is maintained with the project approvals and City
design criteria.
4. No signage is included as a part of this approval. Signage shall be subject to separate review
and approval of a sign review permit.
5. All landscaping shall be maintained in a healthy and thriving condition, free of weeds and
debris. Dead, dying or diseased plant materials shall be replaced with an equivalent size, type
of planting at time of replacement.
6. Building, fencing and site improvements shall be maintained in good repair and condition at all
times.
7. The conditions of ED09-031 shall be included in project plan sheets.
8. This Master Design Review Permit Approval (ED09-031) for the MSS facility shall be valid
for the duration of the use. However, within sixtv 60 days from approval of this MSS Master
Plan Amendment project, the applicant shall pursue work to implement the project and address
areas of non-compliance, and pursue work diligently to completion within 6 months but not
more than 1 year from issuance of permits; including but not limited to construction of walls,
parking improvements, container storage, bioswales, drainage, landscaping work and fire
access and suppression improvements, and roadway abandonment, in accordance with the
following phasing schedule:
The following work shall commence within 60 days of approval
a. Payment of $2,000 deposit for condition and mitigation monitoring.
b. Installation of pipe markers, gates and signs defining the boundary of Area E Open
space
c. Construction of the approved storm drain diverting water from Jacoby Street system.
d. Submittal of plans for permits for gabion wall review and approval. Pursue work and
inspections within 6 months of permit issuance.
e. Recordation of property consolidation documents.
The following work shall be initiated within 90 days of approval
f. Submittal of plans for permits for installation of new fire lines on areas A, B, C & D,
relocation of water meters and lines on Jacoby Street, and installation of fire sprinklers
for Quonset Hut building (on Area D). Pursue work diligently within 6 months of
permit issuance and not more than 1 year to completion.
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g. Submittal of plans for permits to complete Jacoby Street hammerhead turn around and
Jacoby Street driveway to Area B. Pursue work diligently to completion within 6
months of permit issuance and not more than 1 year to completion.
h. Initiation of removal and relocation of storage containers on Areas B & D, and pay
traffic mitigation fees.
i. Submittal of civil and landscape plans to City and MMWD for review and approval,
and initiate installation of landscaping above the gabion wall. Pursue work to
completion within 6 months of approval of final plans.
j. Obtain permits to pursue concrete demolition work in open space lands.
k. Submittal of plans for parking lot and landscaping improvements. Pursue work
diligently to completion within 6 months and not more than 1 year from approval of
permits for construction.
The followinLy work shall be completed within 6 months from approval
1. Recordation of documents for vacation of Jacoby Street and creation of easements.
Prior to Issuance of Grading and Building Permits/Commencement of Operations
Community Development Department, Building Division
9. Commencement of work and payment of fees shall be in accordance with the phasing schedule
described in condition 8 above.
10. Building permits shall be obtained for placement of new containers, structures, parking
improvements and for the gabion wall and retaining walls constructed on the property.
11. Designs of the existing walls built without prior permits are subject to engineering peer review.
12. Payment of required traffic mitigation fees in the current amount of $4,246.00 per net new
vehicle trip (above 1992 baseline conditions, to address increased trips from new public
storage container uses to remain, as determined by the Department of Public Works) shall be
required. The current fee payment is required for 154 net new trips, or $653,884.00; based on
the 1992 baseline less reduction for historic trips and containers to be removed. Fee payment
shall be made either within 60 days of approval or prior to issuance of permits required for
implementation of the project, or pursuant to a payment schedule as otherwise established by
the Department of Public Works. (Implement Mitigation Measure TR -1).
13. A geotechnical investigation (soils report) shall be submitted for review by the City Building
Division (and Public Works, if deemed necessary) prior to issuance of site grading and
building permits.
14. Site grading activities and operations shall be subject to a statewide NPDES permit, erosion
control plan and stormwater pollution prevention program requirements.
15. 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.
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16. Prior to issuance of a building permit, the applicant is to comply with conditions of the Marin
Municipal Water District for the landscaping improvements.
17. A building permit shall be obtained for permitted and approved site improvements, including
the existing "bulkhead" and "gabion" retaining walls on Area C which have a combined height
of approximately 41' above finished grade, for parking and landscape modifications and for the
approved interim container storage uses.
18. Grading, encroachment and other permits shall be obtained as required by the City for new
utility improvements, firelines, as well as any grading required for parking, landscaping,
driveway or site access modifications.
19. The owner shall comply with the requirements of the City and utility service providers for
abandonment and vacation of a portion of improved and unimproved Jacoby Street right of
way that extends past an existing access gate into the site.
20. The revised MSS facility project improvements require a pipeline extension agreement with
Marin Municipal Water District (MMWD) for installation of infrastructure facilities and water
service connection to new fire hydrants, and new water hookups and utility easements
associated with abandonment of a portion of the improved Jacoby Street right of way.
21. The project landscaping plan shall be submitted to MMWD to assure compliance with the
Water -Efficient Landscape Ordinance, adopted by the City of San Rafael by reference in its
zoning regulations Chapter 14.16.
22. Plans submitted for building permit shall show site and parking modifications necessary to be
compliant with ADA requirements; including provision of accessible container storage units in
Area B and Area D.
23. Building techniques, materials, elevations, landscaping, site improvements and appearance of
this project as presented for approval by the Planning Commission on updated plans date
stamped approved Julv 20, 2015 and as conditioned herein, shall be the same as required for
the issuance of permits required for construction and improvements proposed or required
herein. Any future additions, expansions, remodeling, etc., shall be subject to the review and
approval of the Community Development Director.
Public Works Department
24. A grading permit shall be obtained for proposed and required site work including but not
limited to landscaping, parking lot improvements, pavement replacement or removal,
installation of bio-swales, storm drainage improvements, utilities and fire lines.
25. The applicant shall submit documents and a $4,000.00 deposit to the Department of Public
Works for processing of the vacation of Jacoby Street right-of-way that extends through the
site. Provide a plat, description and closure calculations for the vacation of roadway on site,
and a written justification which delineates a public benefit for vacation of this roadway.
26. Bio-swale and storm drain improvements shall be implemented as indicated on approved
project plans date stamp approved Julv 20, 2015, in compliance with the timelines established
in this updated and amended master plan approval (permitting revisions to MSS facility work
areas and expansion of storage container uses on the site).
27. An engineered site plan showing all existing and proposed site conditions shall be submitted
with the application for a building permit.
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28. A level B soils report shall be submitted with an application for building permits for new
construction.
29. Work in the public right of way shall be approved by the Department of Public Works.
30. Site grading shall conform with standard grading permit requirements relating to erosion and
dust control including submission and approval of the following: (1) An engineered site plan
which shows all existing and proposed site conditions; and (2) A siltation and erosion control
plan which includes a proposal for replanting and maintenance of graded slopes.
31. All grading activities shall be subject to issuance of a grading permit by the Department of
Public Works and will be subject to statewide general construction activity NPDES permit
issued by the Ca Regional Water Quality Control Board prior to issuance of grading permits. A
stormwater pollution prevention plan shall also be prepared and submitted.
32. A drainage plan shall be submitted and approved prior to issuance of construction or grading
permits.
33. The stormwater runoff plan will be subject to a statewide general construction activity NPDES
permit, issued by the CA Regional Water Quality Control Board. This permit will require
elimination of all non-stormwater discharges; development of a stormwater pollution
prevention plan for erosion, runoff and materials disposal; and development of an ongoing
monitoring plan. The stormwater pollution plan shall incorporate the following information:
(1) The areas utilized for composting activities shall be bermed or otherwise managed to
prevent pollution to the stormwater system and entry into the San Francisco Bay; (2) The
animal husbandry yard area shall be managed in accordance with the CA Code of Regulations,
Title 23, Chapter 15, Article 6 (Confined Animal Facilities) (or current regulations) to prevent
pollution of stormwater with animal waste; (3) The household hazardous waste facility shall be
constructed so that there is no potential contamination of sewer or stormwater systems in the
event of a hazardous materials spill. The area shall be self-contained with no drainage to the
sanitary or storm sewers. Site mitigation for potential hazardous waste spills will need to
include a spill contingency plan, proper chemical storage and employee training plan; (4)
Vehicle maintenance or wash areas shall not drain to the storm sewers. Any such discharges
shall be recycled or plumbed to go to the sanitary sewer. Potential drainage from wash waters
or rain water that traverses the transfer station or resource recovery center shall also be
contained and prevented from entering the stormwater system. This permit shall be obtained
prior to site grading or construction permits.
34. Final plans shall show parking space and aisles that meet minimum size dimensions of the
municipal code, which requires a 9' x 19' standard space dimension. Further, all spaces must
be located on the MSS private property.
35. The applicant shall provide traffic mitigation fee for additional trips generated by the increased
storage container and use of the site (above established 1992 baseline condition); i.e., current
fee of $4,246.00 per trip for up to 234 trips (162 AM and 72 PM), minus credits that will be
granted for containers that are required to be removed. Payment shall be calculated by the
applicant and submitted to the Department of Public Works for review based on the final net
new containers to remain. The payment shall be made at time of issuance of building or
grading permit(s) for site work, but not less than six (6) months from date of zoning approval
for the continued use; as required by the Department of Public Works.
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36. Provide an accessible parking plan for storage containers, with compliant grades. Provide
sections in the subject areas showing that containers are accessible.
37. Final plans shall be revised to remove any drive aisle obstructions.
38. Provide a minimum 26 -foot aisle width as necessary for back-up dimension from parking 90 -
degree or angled spaces. All other aisle widths shall be as specified by Fire Department, and by
Public Works or Community Development in accordance with Municipal Code Chapter 14.18.
39. Provide details for new driveway entrance to ministorage area which is shown as proposed
across the drainage ditch and provide a driveway profile, for review and approval.
40. Final plans shall be provided clearly identifying container removal and final container
placement.
41. Provide information on systems in place, or proposed or required to manage effluent from the
animal husbandry area and the American Soil Product (and outdoor work areas) to control
contaminants and prevent them from entering public storm drain systems and the San
Francisco Bay. Plans that show the permanent filtration systems on the site are required.
Additional filtration system(s) may be required for these areas as well as other areas of the site.
42. Include the standard City plan sheet "Pollution Prevention — It's Part of the Plan" in all
construction documents. The applicant shall install all erosion control measures prior to any
construction.
43. If existing access road paving is removed, revegetation shall be required with native seed or
planting and shall be shown on final plans. A restoration detail shall be provided for any areas
that are disturbed and that are proposed or required to be restored. Modify the legend and
details for final plans as appropriate.
Fire Department
44. Fire line and fire hydrant improvements shall be implemented for the project as indicated on
approved project plans dated stamp approved Julv 20, 2015, in compliance with the timelines
established in this updated and amended master plan approval (permitting revisions to MSS
facility work areas and expansion of storage container uses on the site). Permits for installation
of the new lines and hydrants shall be pursued within the first (1st) year from date of project
approval, and installation completed within two (2) years from date of approval.
45. The design and construction of all site alterations shall comply with the 2013 California Fire
Code, as adopted and amended by the City of San Rafael Municipal Code.
46. Plans for final parking lot and access designs, and placement of container storage shall be
submitted to the Fire Department for review and approval to review and approve final fire
apparatus access and water supply improvements required to serve the premises, as proposed.
Fire lane and access improvements shall be initiated within sixtv (60) days of project approval
and completed within a timely manner, as directed by the Fire Marshall.
47. An automatic fire sprinkler system for the Quonset but approved under prior ED98-130
(identified as the Museum Building) was required as a condition of approval. The Fire Permit
previously issued for installation of water tanks, fireline underground, fire hydrant and
automatic sprinkler system that were approved and required but not installed for this building
shall be addressed as a condition of this master plan amendment. Permits shall be pursued
within sixty (60) days of project approval and all work pursued diligently to completion.
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48. Final plan revisions for construction shall address the MMWD requirement for installation of a
water meter and backflow preventer at the property line.
49. Marin Sanitary Service shall maintain an adequate water supply and fire suppression system
throughout the life of the Resource Recovery Facility.
Police Department
50. All exterior lighting shall be to the satisfaction of the Police Department.
51. All lighting shall be on a master photo electric cell.
Marin Municipal Water District
52. Lot consolidation is required in order to extend water service to the currently landlocked
parcels.
53. As a result of the proposed abandonment and vacation of a portion of the Jacoby Street right-
of-way by the City of San Rafael, the District intends to abandon all water facilities outside of
the public right of way. Based on information provided the facilities to be abandoned include
two currently public hydrants HY-06169 and HY-06857. A service will be required to be
installed at the new terminus of the water main within the Jacoby Street right-of-way. All costs
associated with the service installation and property quitclaim shall be borne by the applicant
(MSS).
54. Compliance with all indoor and outdoor requirements of District Code Title 13 — Water
Conservation, is a condition of water service. Indoor plumbing fixtures must meet specific
efficiency requirements.
55. Landscape plans shall be submitted and reviewed by MMWD to confirm compliance prior to
issuance of permits by the City of San Rafael. The Code requires a landscape plan, irrigation
plan and grading plan. Contact the Water Conservation Department for more information at
(415) 945-1497 and/or online at www.marinwater.or2.
56. Should backflow protection be required, said protection shall be installed as a condition of
water service. Contact the Backflow Prevention Coordinator for more information at (415)
945-1559.
DurinLy Construction
57. Construction activities shall comply with City's Noise Ordinance.
58. If, during the course of construction, cultural, archaeological or paleontological resources are
uncovered at the site (surface or subsurface resources) work shall be halted immediately within
50 meters (150 feet) of the find until it can be evaluated by a qualified professional
archaeologist. The City of San Rafael Planning Division and a qualified archaeologist (i.e., an
archaeologist registered with the Society of Professional Archaeologists) shall be immediately
contacted by the responsible individual present on-site. When contacted, the project planner
and the archaeologist shall immediately visit the site to determine the extent of the resources
and to develop proper mitigation measures required for the discovery.
59. Parking supply for the use shall be provided as indicated on plans to increase on-site parking
from 198 spaces to 228 spaces, as follows:
Area A — 177 spaces (increase from 158 spaces)
Area B — 21 spaces (increase from 15 spaces)
Area C — 18 spaces (no change)
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Area D — 12 spaces (increase from 7 spaces)
Area E — No permanent parking spaces are proposed, required or permitted
60. New parking spaces shall comply with San Rafael Municipal Code Chapter 14.18 Parking
Standards dimensions; i.e., meeting `compact' parking and standard dimensions (8' x 16'
compact and 9' x 19' standard) and maintain minimum required 20' drive aisle width and 26'
backup space dimensions.
61. Fencing and barriers shall be installed as indicated on approved plans. This includes provision
of separation fencing, gates and posts to demarcate the open space Area E boundary. Storage
areas on Area B shall also be maintained within a six foot (6') high chain-link fenced yard with
privacy slat inserts. Perimeter fencing shall also be maintained between the site and adjacent
properties in good repair and condition. Privacy slats shall be installed and maintained as
needed to screen outdoor operational use areas from public view or adjacent parking lots.
62. Landscape and grading improvements shall be implemented as shown on approved landscape
plans, specifically as proposed and required to screen storage above Area C and restore the
natural vegetated appearance of the adjacent hillside setting. Revegetated areas adjacent to the
hillside open space Area E shall consist primarily of native trees and shrubs, planted in a
random pattern, drip -irrigated and staked, where necessary.
63. Engineered bioswales covered predominantly with native grasses shall be provided to meet
Storm Water Pollution Prevention Program (SWPPP) requirements, as indicated on approved
project plans.
64. New drainage improvements along the main access road at the terminus of Jacoby Street shall
be installed as indicated on approved plans.
65. Erosion control practices shall be implemented as indicated on approved plans.
66. The project mitigation measures required for the amendment to the MSS facility, including
expansion of the interim public storage uses, legalization of improvements in former open
space areas, providing fire suppression and landscaping improvement enhancements, etc. shall
be implemented in accordance with the project mitigation measures, as follows:
a. Implement Mitigation AIR -1. During active construction, the applicant shall require
construction contractors to implement all the BAAQMD's Basic Construction
Mitigation Measures, listed below:
i. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded
areas, and unpaved access roads) shall be watered two times per day, or more
often if needed to control fugitive dust.
ii. All haul trucks transporting soil, sand, or other loose material off-site shall
be covered.
iii. 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.
iv. All vehicle speeds on unpaved roads shall be limited to 15 mph.
v. All roadways, driveways, and sidewalks to be paved shall be completed as
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soon as possible. Building pads shall be laid as soon as possible after grading
unless seeding or soil binders are used.
vi. 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.
vii. 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.
viii. Post a publicly visible sign with the applicant's telephone number and person to
contact 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.
b. Implement Mitigation Measure AIR -2. The applicant shall develop and comply with an
Odor Impact Minimization Plan (OIMP) pursuant to the requirements of the California
Code of Regulations, Title 14, Division 7, Chapter 3.1, Article 3, Section 17863.4.
Once complete, the OIMP shall be submitted to the LEA for a 30 -day period for review
and comment.
c. Implement Mitigation Measure BR -1. Any tree removal or trimming work shall take
place between September 1" and October 3151, which falls outside the breeding bird
window and avoids both the maternity and hibernation period for bats. Tree removal
can take place during this period without a breeding bird or bat roost survey. This does
not include removing fallen trees, which can be removed at any time.
d. Implement Mitigation Measure BR -2. If brush clearing or ground disturbance is
required within the Study Area, these activities shall be conducted outside of the
breeding bird season which begins February 15` and lasts through August 31S1.The
exception is for clearing weedy brush, such as French broom, that overhangs existing
fire roads. Brush may be removed to the outer extent of the road at any time of the year
without pre -construction surveys, if the road is regularly disturbed by active traffic.
Removal of brush outside the outer edge of the road or on roads not regularly disturbed
by active traffic should have pre -construction surveys.
e. Implement Mitigation Measure BR -3. In the event that initial ground disturbance,
vegetation removal or construction cannot be scheduled outside the breeding bird
season (February through August), a wildlife biologist shall conduct a breeding bird
survey at least fourteen (14) days prior to the onset of the activity to determine if
nesting birds are present. In the event that nesting birds are identified to be present,
further mitigation may be required as recommended by the biologist, including
establishing buffers no less than fifty (50) feet from active nest until young birds have
fledged the nest. Larger buffers may be required for nesting birds of prey or special
status species. The consulting biologist will provide a specific buffer based on agency
guidelines, which species has been identified as nesting within the area and the
presence of natural visual and auditory buffers (such as large stands of trees or
hillsides).
IBJ
f. Implement Mitigation Measure BR -4. If ground disturbance or tree removal occur
during the bat roosting season (November 151 through August 31"), potential bat roosts
shall be inspected for the presence of bats prior to the start of work. Potential bat roosts
include cavities in trees, exfoliating bark, snags, and cracks in large rocks. If a
maternity roost is detected, up to a two -hundred (200) foot buffer shall be placed
around the maternity site, and once the roost is clear for removal, a replacement
structure such as a `bat box' should be created within the vicinity, as recommended by
the wildlife biologist. In the event that bats are detected using a non -maternity roost
site, one possible mitigation measure would be the placement of exclusion devices to
potential entrance and exit hole after dusk once the bats have left the roost to forage.
g. Implement Mitigation Measure CR -1. To mitigate potential damage to any recorded
cultural resource during grading, excavation or soil disturbance activities in the vicinity
of any recorded cultural resource, including activities to remove concrete
improvements to the existing fire road network, archaeological investigation should be
undertaken to determine the exact boundary of the remaining deposit, the condition of
the remaining deposit and the potential for significance of the archaeological site. A
Native American monitor should also be present. The procedures to follow for
archaeological and Native American monitoring of a cultural resource site are
presented in Cultural Resources mitigation measures CR -2 and CR -3.
h. Implement Mitigation Measure CR -2. To mitigate potential damage to any recorded
cultural resource during grading, excavation or soil disturbance activities in the vicinity
of any recorded cultural resource, archaeological monitoring shall occur, based on the
following procedures:
Monitoring will consist of directly watching the major excavation process.
Monitoring will occur during the entire work day and will continue on a daily
basis unit the depth of excavation has been reached at which the cultural
resource no longer is present. This depth is estimated as usually five feet (5')
below existing grade but may require modification as determined by the
monitoring archaeologist and the observed soil conditions.
ii. Spot checks will consist of partial monitoring the progress of excavation over
the course of the project. Monitoring all spoils materials, open excavation,
recently grubbed areas, and other soil disturbances will be inspected. The
frequency and duration of spot checks will be based on the relative sensitivity of
the exposed soils and active work areas. The monitoring archaeologist shall
determine the relative sensitivity of the cultural resource site.
iii. If prehistoric human interments (human burials) are encountered within the
native soils of the cultural resource site, all work shall be halted in the
immediate vicinity of the find. The County Coroner, project superintendent, and
the project planner (or a representative of the Lead Agency, City of San Rafael
Community Development Department, Planning Division) shall be contacted
immediately. The procedures to be followed at this point are prescribed by law.
iv. If significant cultural deposits other than human burials are encountered, the
project shall be modified to allow the artifacts or features to be left in place, or
the archaeological consultant shall undertake the recovery of the deposit or
feature. Significant cultural deposits are defined as archaeological artifacts or
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features that associate with the prehistoric period, the historic era Mission and
Pueblo Periods and the American era up to 1900.
v. Whenever the monitoring archaeologist determines that potentially significant
remains or human burials have been encountered, the piece of equipment that
encounters the suspected deposit will be stopped, and the excavation inspected
by the monitoring archaeologist. If the suspected remains prove to be non-
significant or non -cultural in origin, work shall recommence immediately. If the
suspected remains prove to be part of a significant deposit, all work shall be
halted in that location until removal has been completed. If human remains are
found, the County Coroner (or designated representative) shall be contacted to
evaluate the discovered remains and implement proper contacts with pertinent
Native American representatives through the Native American Heritage
Commission (NAHC).
vi. Equipment stoppages shall only involve those pieces of equipment that have
actually encountered significant or potentially significant deposits, and should
not be construed to mean a stoppage of all equipment on the site unless the
cultural resource deposit covers the entire site.
vii. During temporary equipment stoppages brought about to examine suspected
remains, the monitoring archaeologist shall accomplish the necessary tasks in
due speed.
Implement Mitigation Measure CR -3. To mitigate potential damage to any recorded
cultural resource during grading, excavation or soil disturbance activities in the vicinity
of any recorded cultural resource, Native American monitoring shall occur whenever
archaeological monitoring is required or whenever prehistoric Native American cultural
deposits are encountered or discovered. As recommended by the Native American
Heritage Commission (NAHC), the Native American monitoring consultant shall have
the following knowledge and abilities:
i. Knowledge of local historic and prehistoric Native American village sites,
culture, religion, ceremony and burial practices.
ii. Knowledge and understanding of California Health and Safety Code Section
7050.5 and California Public Resources Code Section 5097.9 et al.
iii. Ability to effectively communicate the meaning of Health and Safety Code
Section 7050.5 and Public Resources Code Section 5097.9 et al. to Marin
Sanitary Services (MSS) representatives, including property owners, site
managers, contractors and subcontractors, Native Americans, City of San
Rafael Planning staff, and archaeological monitoring representatives.
iv. Ability to work well with local law enforcement officials and the NAHC to
ensure the return of all associated grave goods taken from a Native American
grave during grading, excavation or soil disturbance activities.
v. Ability to travel to known cultural resource sites within the traditional tribal
territory.
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vi. Knowledge and understanding of California Environmental Quality Act
(CEQA) Guidelines, Section 15064.5 and Section 106 of the National Historic
Preservation Act of 1966 (NHPA), as amended.
vii. Ability to advocate for the preservation in place of Native American cultural
features through knowledge and understanding of CEQA mitigation measures,
as stated in CEQA Guidelines Section 15126.4(b)(A)(B), and through
knowledge and understanding of Section 106 of the NHPA.
viii. Ability to read topographic maps and be able to locate known cultural resource
sites and reburial locations for future inclusion in the NAHC Sacred Lands
Inventory.
ix. Knowledge and understanding of archaeological practices, including the phases
of archaeological investigation.
The Native American monitoring consultant is required to:
x. Ensure the presence of a Native American monitor during all earth disturbing
activities in the vicinity of any recorded cultural resource or whenever
prehistoric Native American cultural deposits are encountered or discovered.
xi. Communicate orally and in writing with the archaeological monitoring
consultant, City of San Rafael Planning staff, representatives for MSS
representatives, including property owners, site managers, contractors and
subcontractors, and any Native American organizations. The Native American
monitoring consultant will be responsible for communicating any observations
or recommendations to any Native American organizations, neighborhood
groups, or individuals that have contacted the City of San Rafael to request
listing. The contact list will be supplied to the Native American monitor.
xii. Maintain a daily log of activities and file a report with the MSS representatives
on each day that a Native American monitor is present.
xiii. Prepare progress reports on any `findings' and summarize the observations and
recommendations made in the daily reports (i.e., human remains, associated
grave goods, non -human bone fragments, beads, arrow points, and other
artifacts). The progress reports will be submitted monthly or at the completion
of all approved earth disturbing activities.
xiv. Prepare a final written report at the completion of all approved earth disturbing
activities, summarizing the observations and recommendations of the daily and
monthly reports and making recommendations for future activities and
procedures on the MSS site, as appropriate. The final report should describe the
monitoring process, the discovery any Native American human remains and
associated grave goods, and their final disposition. This report shall contain, at a
minimum, the following information for each discovery of human remains and
associated grave goods:
1. Date of each find.
2. Description of remains and associated grave goods.
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3. Date of reburial, and the geographical located of reburial, including
traditional site name if known.
xv. The final report shall include a discussion of mitigation measures taken to
preserve or protect Native American cultural features and shall be submitted to
the archaeological monitoring consultant, MSS representatives, the City of San
Rafael Planning staff, and the NAHC at the completion of all approved earth
disturbing activities. Information from the report may be included in the NAHC
Sacred Lands Inventory.
xvi. Demonstrate the ability to identify archaeological deposits and potential areas of
impact.
xvii. Work with the Most Likely Descendant (MLD) if human remains are
encountered. A MLD will be chosen by the NAHC if human remains are
encountered. There is no guarantee that the Native American monitoring
consultant will be named as the MLD. The chosen Native American monitoring
consultant must be able to communicate with the MLD effectively, and to aid in
carrying out any procedures or tasks undertaken or recommended by the MLD.
j. Implement Mitigation Measure CR -4. In the absence of specific recommendations
made by the archaeological monitoring consultant, the following general procedures
shall be implemented during the finding of an artifact (i.e., any item or object over fifty
years of age):
i. All contractors and subcontractors shall be required to inform all of their
employees that no artifacts are to be removed from the area of the `find' except
through authorized procedures.
ii. Any artifacts found at or near a recorded cultural resource are to be turned over
to, or brought to the immediate attention of, the archaeological monitoring
consultant. In the absence of the archaeological monitoring consultant, the
artifact shall be delivered to the Native American monitoring consultant, MSS
representatives (i.e., property owners, site managers, contractor and
subcontractor supervisors) or the City of San Rafael Planning staff.
iii. Whenever any artifact is found or reported, a tag should be included that
indicates the following information:
iv. The identity of the finder and the date of discovery
v. The identity of the responsible individual to who the artifact is given
vi. A description of the location where the artifact was found, the approximate
distance and direction to the nearest measuring point, identification point on the
project plans, or other reliable, accurate method of locating.
vii. A description of the artifact that will allow it to be identified if the tag and the
artifact are separated.
viii. The artifact, if portable, should be transported to a safe location where it can be
kept until it can be inspected by the archaeological monitoring consultant.
k. Implement Mitigation Measure CR -5. In the event of the accidental discovery of
historical or unique archaeological resources accidentally discovered during
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construction or recognition of any human remains in any location other than a
dedicated cemetery, there shall be no further excavation or disturbance of the site or
any nearby area reasonably suspected to overlie adjacent human remains until:
i. In the event of accidental discovery of potential resources an immediate
evaluation of the find shall be conducted by a qualified archaeologist. If the find
is determined to be an historical or unique archaeological resource, contingency
funding and a time allotment sufficient to allow for implementation of
avoidance measures or appropriate mitigation should be available. Work could
continue on other parts of the building site while historical or unique
archaeological resource mitigation takes place.
ii. In the event of discovery of human remains, the coroner of the county in which
the remains are discovered must be contacted to determine that no investigation
of the cause of death is required. If the coroner determines the remains to be
Native American:
1. The coroner shall contact the Native American Heritage Commission
within 24 hours.
2. The Native American Heritage Commission shall identify the person or
persons it believes to be the most likely descended from the deceased
Native American.
3. The most likely descendent may make recommendations to the
landowner or the person responsible for the excavation work, for means
of treating or disposing of, with appropriate dignity, the human remains
and any associated grave goods as provided in Public Resources Code
Section 5097.98, or
4. Where the following conditions occur, the landowner or his authorized
representative shall rebury the Native American human remains and
associated grave goods with appropriate dignity on the property in a
location not subject to further subsurface disturbance.
a. The Native American Heritage Commission is unable to identify
a most likely descendent or the most likely descendent failed to
make a recommendation within 24 hours after being notified by
the commission.
b. The descendant identified fails to make a recommendation; or
c. The landowner or his authorized representative rejects the
recommendation of the descendant, and the mediation by the
Native American Heritage Commission fails to provide measures
acceptable to the landowner.
Lot Consolidation Conditions (S09-002)
1. Marin Sanitary Service Parcels A through E shall be consolidated into one parcel. All
necessary documents for consolidation of the lots, provision of easements and abandonment of
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rights-of-way located within the property shall be submitted for review and recorded in a
timely manner.
2. The applicant shall provide a plat map, description, deeds and closure calculations for the lot
line adjustment for review by the Department of Public Works and Planning Division.
3. The recorded deed consolidating parcels A through E (aka 1050 Andersen Drive and 535-565
Jacoby Street; APN's 018-180-72, -73, -74, -75 & -76) shall include a restriction on use of the
Open Space Area E (aka, Parcel E; APN 018-180-76), as private open space.
4. The final plat documents required to merge the properties into a single parcel shall be
submitted by the applicant to the City of San Rafael for review within 60 days of approval, and
executed by recordation with the Marin County Recorder generally within 6 months. Lot
consolidation approvals are valid for a maximum period of two (2) years from date of
approval.
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing
resolution was duly and regularly introduced and adopted at a regular meeting of the Council of
said City on the 201h day of July, 2015, by the following vote, to wit:
AYES: Councilmembers: Bushey, Colin, McCullough & Mayor Phillips
NOES: Councilmember: None
ABSENT: Councilmembers: Gamblin
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ESTHER C. BEIRNE, City Clerk