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HomeMy WebLinkAboutCC Resolution 9016 (Shoreline Center Business Park)RESOLUTION NO. 9016 � 1993 HUVPD I+AN50N RESOLUTION OF THE SAN RAFAEL CITY COUNCIL "'Ar,4N C01110741,11 ADOPTING THE MITIGATION MONITORING AND REPORTING P `10-L -ry FOR THE SHORELINE CENTER ZONE CHANGE AND MASTER PLAN FOR A 42+ ACRE BUSINESS PARK (SHORELINE CENTER), INCLUDING AN APPROXIMATELY 102,190 SQUARE FOOT BULK RETAIL BUILDING WITH A GARDEN CENTER (HOME DEPOT), AND ADOPTING THE STATEMENT OF FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS REGARDING THE ZONE CHANGE AND MASTER PLAN, INCLUDING HOME DEPOT, FOR THE SHORELINE CENTER BUSINESS PARK specifications; and WHEREAS, the City Council desires to make findings of fact concerning, and to set forth in a cogent and comprehensive manner, the process that has occurred relative to the planning of future uses for the Shoreline Center site in San Rafael. -1- ORIGINAL 0\0\6 WHEREAS, the proposed project is a 42+ acre business park, including an approximately 102,190 square foot bulk retail building with a garden center; and, WHEREAS, Public Resources Code Section 21081.6 requires that rer when a public agency adopts findings pursuant to Public Resources UJ L-) Code Section 21081 (concerning the potential significant w N environmental impacts that will be generated by a project being UJz koapproved), the public agency must adopt a reporting or monitoring �I r r- program for the changes to the project that it has adopted or -, oM rn made a condition of project approval in order to mitigate or LU -'� avoid significant effects on the environment; and LU w WHEREAS, the City Council, by adoption of this Resolution, Z: M: ¢ LL - <C intends to make findings pursuant to Public Resources Code z ••v Section 21081 for the Shoreline Center Rezoning and Master Plan 0 F - z � ("Rezoning"), and for actions that may be undertaken to implement UJ r `"' r that Rezoning ("Project Approvals"); and U O X caz m WHEREAS, the Rezoning Approvals incorporate as changes to wthe project, and make a condition of approval of actions that may w be undertaken to implement the Rezoning and mitigation measures N ¢ >- U recommended to lessen or alleviate significant environmental oF- effects. The Mitigation Monitoring and Reporting Plan for the w � z w Cl- Shoreline Center Business Park for the Project Approvals is UJelf w z W UJ designed to ensure that mitigation measures are implemented in a w 3: o c timely and organized manner and in accordance with certain specifications; and WHEREAS, the City Council desires to make findings of fact concerning, and to set forth in a cogent and comprehensive manner, the process that has occurred relative to the planning of future uses for the Shoreline Center site in San Rafael. -1- ORIGINAL 0\0\6 a NOW, THEREFORE, the City Council of the City of San Rafael finds, determines and orders as follows: 1. The Mitigation Monitoring and Reporting Plan for the Shoreline Center Business Park, a copy of which is attached to this Resolution as Exhibit A, is adopted. 2. The Statement of Findings and Statement of Overriding Considerations Regarding the Zone Change and Master Plan, for the Shoreline Center Business Park, attached to this Resolution as Exhibit B, is adopted. ADOPTED by the City Council of the City of San Rafael at an adjourned regular meeting held on September 9, 1993, by the following vote: AYES: COUNCILMEMBERS: Breiner, Cohen, Thayer & Mayor Boro NOES: COUNCILMEMBERS: Shippey ABSENT: COUNCILMEMBERS: None -2- JEANNE M. LEONCINI, CITY CLERK I WA we 11: MITIGATION MONITORING AND REPORTING PLAN for the Shoreline Center Business Park OVERVIEW -C /J The final Environmental Impact Report (FEIR) for the Shoreline Center Business Park identifies the significant effects of the development of the Shoreline Center Business Park according to the Shoreline Center zone change and Master Plan and implementing actions ("Project Approvals"). The FEIR also identifies changes or alterations to the Project Approvals which, if incorporated into the Project Approvals, would avoid or substantially lessen many of these significant effects. These changes and alterations are identified in the FEIR as mitigation measures. Based on the body of information developed in the FEIR concerning the environmental effects of development of the Shoreline Center pursuant to the Project Approvals, the Shoreline Center Master Plan requires that the mitigation measures contained in this Mitigation Monitoring and Reporting Plan (MMRP) be implemented in accordance with the specifications and timing set forth herein. PURPOSE The purpose of this is to ensure that each mitigation measure is fully implemented in a timely manner and, where necessary, to monitor its performance once implemented to ensure its success. Consistent with this purpose, the MMRP specifies, for each mitigation measure, the measurable, performance criteria the measure must achieve for the measure to be deemed to have avoided or substantially lessened the significant environmental effect it addresses. The MMRP provides specific steps to ensure fully implementation and enforcement of each mitigation measure. The MMRP also establishes a reporting system to document monitoring activities and compliance with mitigation measures. RESPONSIBILITIES Unless otherwise specified herein, the developer has the responsibility for taking all action necessary to (a) implement the mitigation measure according to the specifications provided for each measure and (b) demonstrate to the -agency or individual responsible for monitoring (generally, the City of San Rafael) that the action required by the Mitigation measure has been successfully completed (i.e., 51 submittal of reports, permits or other documentation). The government agency responsible for monitoring the mitigation measure must verify that the required action has been successfully completed. Verification by the government agency will typically be accomplished through either staff inspection of the physical result of the mitigation measure or acceptance and approval of documents or plans demonstrating compliance with the mitigation measure. Both the developer and the monitoring government agency share the responsibility for preparing the document stream (paper trail) which is ultimately maintained by the City of San Rafael. The developer of any parcel with the Shoreline Center shall designate an Environmental Coordinator, whose qualifications will be subject to the approval of the City and who will be responsible for monitoring compliance with the MMRP. Existing inspection officials shall be used wherever possible. The Environmental Coordinator must notify the City immediately in the event that: (1) any mitigation measure is not being implemented in accordance with all mitigation specifications and consistent with the implementation timing. In this case, the City may impose those sanctions available under its Municipal Code, and/or may grant a time extension, if warranted. (2) it reasonably appears a mitigation measure will not be effective in either avoiding or substantially lessening the significant effect toward which it is directed. In this event, a replacement mitigation measure shall be developed to the approval of the City and implemented by the developer. COMPLIANCE FILE The City of San Rafael will maintain a file (Compliance File) tracking implementation of the MMRP and containing the records filed by the Environmental Coordinator and any other material upon which the City relies in determining that a mitigation measure has or has not been implemented in accordance with the MMRP. CONTENTS Attached to this MMRP as Exhibit A and incorporated herein is a document entitled Shoreline Center/Home Depot Mitigation Monitoring Program. Exhibit A is a table which sets forth the impacts, mitigation, agency responsible for the mitigation, designation of when the mitigation is to be implemented, and the number of the condition which imposes the mitigation as a condition upon the Project Approvals. Where appropriate, reference may be made to the FEIR or other related portions of the City's administrative record in connection with the Project Approvals. Exhibit A is organized under the same topic structure and order contained in the FEIR and consists of a separate item devoted to each mitigation measure to the FEIR. For each -2- mitigation measure (or set of measures) that is being imposed, Exhibit A specifies the following information: • Mitigation Measure. Provides the identification number from the FEIR, followed by the mitigation statement. This mitigation statement summarizes the required action of the FEIR mitigation measure as it applies to mitigate the identified impact of the Project Approvals. Although Exhibit A sets forth the language of each mitigation measure in summary form only, every applicable requirement of each mitigation measure is contained in the conditions of the Project Approvals (see below) and will, therefore, be implemented and verified. For the full text of each mitigation measure as originally recommended for the 90/90 Plan, see the FEIR. • Impact to be Mitigated. Describes the impact which triggers the mitigation requirement. • Azencv Responsible. Identifies the party or parties responsible for assuring compliance. • Implementation Timing. Indicates when the various steps involved in implementing mitigation requirements shall be performed. In sum, the MMRP describes how compliance with the mitigation measures will be achieved and how compliance will be verified. Where a mitigation measure is unnecessary, infeasible or within the responsibility of a public agency other than the City of San Rafael, the MMRP indicates that fact. -3- EXHIBIT "A" TO MITIGATION MONITORING AND REPORTING PLAN Impacts PLAN REVIEW Shoreline Center Master Plan .Significant Impacts 13.1-1: Conformance with City of San Rafael General Plan 2000 13.1-2: Conformance with Environmental and Design Review I requirements Less -Than -Significant Impacts 3.1-3: Conformance with San Rafael Shoreline Park Master Plan 3.14: Conformance with City of San Rafael Zoning Ordinance 3.1-5: Conformance with City of San Rafael Subdivision Ordinance 3.1.6: Conformance with Use Permit requirements Nome Depot Significant Impacts 3.1-7: Conformance with Environmental and Design Review requirements Less -Than -Significant Impacts 3.1.8: Conformance with San Rafael Shoreline Park Master Plan 3.1.9: Conformance with City of San Rafael Zoning Ordinance 3.1-10: Conformance with City of San Rafael Subdivision Ordinance 3.1-11: Conformance with Use Permit requirements SOILS, GEOLOGY, AND SEISMICITY Shoreline Center Mailer Plan Significant Impacts Table 1-1 Impacts and M itigatlon Summary Page 1 or 40 Mitigation Agency Responsible Implementation Timing Condition Number I Compliance Date 3.1-1 Reduce the maximum permitted height for all Shoreline Planning Department Before permit issuance Center buildings from 40 feet to 36 feet in accordance with the City's building height policy. 3.1 2, Amend the proposed Shoreline Center Master Plan to Planning Department Before permit Issuance require a minimum landscape standard of 20 percent of the project site. The Shoreline Ceititr jaodst ape plan must also meet all landfdl citmno teqWmirzii6 uid Standahl� prescribed id rWd 14, CC&, Air cli.7.8. egarding esnbilshn=t aad malmonaw.c of a 6egir" cover, including mu* 60 of regetailO i ind I.Milation standards, 3.1-3: No mitigation is required. 3AA: No mitigation is required. 3.1-5: No mitigation is required. 3.1-6: No mitigation is required. I3.1-7: Review and, if necessary, revise the Nome Depot landscape 1 I 1 Planning Department (Before permit issuance I I Concept Plan to ensure that 20 percent of Parcel I is landscaped. 3-1.8: No mitigation is required. 3.1.9: No mitigation is required. 3.1.10: No mitigation is required. 3.1-11: No mitigation is required. Impacts 3.2-1a: Grading and excavation activities could result in dust and noise 3.2-1x: during construction, offsite impacts from material transportation or disposal, and penetration or the landfill cap. 3.2-1b: 3.2-2: Differential settlement of the refuse and underlying Bay mud 3.2-2: could adversely effect the landfill cover and proposed structures of the project site. 3 2 3: Potential slope instability around the perimeter of the proposal 3.2 3 development could adversely affect the landfill cover and pro- posed structures at the project site. 3.2-4: Significant seismic activity could induce slope instability or 3.24 cause structural damage and bf buildings or other facilities at the project site, 1001IOCB.SFO Table 1-1 Impacts and Mitigation Summary Mitigation Develop an erosion and dust control plan as required by the City's Grading Permit and the Environmental and Design Review Permit, The project sponsor or contractor should submit this plan to the City for approval before the issuance of a grading permit by the City. Rrapam gsauebnieal No corfswction shag peaetrate the clay liber w!Lboui written per®ssioa front die appropriate and responsibie landitq closure agencies. Incorporate the specifk res otiurKi�datious for griv lag activities from geotechnical reports prepared for future projects at Shoreline Center into the prejea their development plans. Prior to approval of the Final Subdivision Map, prspgra f revised and final gtatdteg plan demonstrating that grpding acdvides shall w pentam the landfill capor otEerivim comprotaisc its integrity. Incorporate the specific results, findings, and recommendations of -ha reginfing settlemera fiord geotechnical reports prepared for We future pmjects at Shoreline Center into the project development plans. All new construction should be structurally supported on pile foundations. No -However, alternative foundation designs an may be reasonable for this site if they Gait Meet all applicable regulatory and technical requirements for construction on a closed landfill w protect public health and safety and the enyiroruncrht. Articulated ramps should be constructed at all building entrance and exits. Foundation piles should have bituminous coating to reduce loading of landfill materials. If future activities alter existing onsite and adjacent slopes, prepare a subsequent slope stability and deformation analysis and incorporate the results, findings, and recommend actions of this analysis into project development plans. New construction for the project should conform to the most recent editions of the California Code of Regulations Tide 24 (Building Standards), the Uniform Building Code (Seismic Zone 4 Standards), and other local seismic design and safety standards as appropriate. For example, piles should be designed to resist forces associated with seismic loading Agency Responsible Implementation Timing Public Works Before permit issuance Public Works Before recording final subdivision map Public Works Before permit issuance Public Works Before permit issuance Public Works Before permit issuance Page 2 of 40 Condition Number Compliance Date Table 1-1 Impacts and hfiligntion Summary fmtvrta Miligatlon Agency Responsible Implementation Timing Condition Number 3.2.5: Paeemtal soil erosion hazards arc addressed in Section 3.3, 3.2.5: Intplesxnt Mitigation Measures 3.3.2a through 3.3.2d in Hydrology. Grading, and Drainage Section 3.3. Less•Than•SignUkarot Impacts 3.2-6: The USE Of projetl -05 for nonagHculrural puipoxes would not 13.2.6 be a significant impact. lfome Depnr a 7 '—�-Raharuial-c gaiGr:n! --.'. s. : g�iltcanF3-2-7 wi Idaw+Fwd-.for- 3.2.1; Grading and excavation on Pafeel I could xesalt in dust and 3.2.7 swiss dtlritsg co-asuvc:fasl, offsite impacts from nwerhl traarpartaOonor disposal; and p&ictradort of the Undirli cap. 1001 IIICB.SFO No mitigation is required. I iGcaas Implement Midge tion Mcantres 3.2•[R aid 3.2-1b. Iii add hion, implement the following general grading Orit=aei inwmmendedi6 ft iroambfihdfmxati xtionfor Horne pi:pot [I awlCraud:i3,1.� To Proride support for P1146j,a upper sQs7= Aub9is Werk 0ould he ovcmxravttcd end replitW as prvpedy compacted fill. After eleatb* dee she, colla In ire" to receive fill a o in areas wi ere the required rut its iesc than t foot yhmOd be excavated to a depth of [ foot bcWw the existing gfsde. Atter cacavaring as recommended, dx exposed soils should be eerefully iuspecud to verify removal of all unmimhle dcposlm. Next, the eaposodwils should be st dFtEd to a depth of 6 inches; bra ugbtto op Unions moisture canters!, and rolled with heavy compactiotty olpmenr. Afrtr campaetiug the exposed soils, all rego(red fit! shWW Public Works be placed in Ioa%e lifts not more than g incbex in dhicknesi and cotsapacted to a ksst 90 petrent. the raaiahue cantet>e of the onsite soilS at the time of compaction should be at or Lip to about 2 percent above optimum moisture content. During cuastrt Ldon Musing construction Pa gr 3 of 40 Compliance dale Table 1-1 Impacts and Mitigation Summary Impacts Mitigallan Agency Responsible The reworking of the upper sails and the caropactian of all Public Works required fill should be observed and tested. Observation and testing should include: 32-8- Over the next 50 years, It Is estimated that parcel 1 Would settle 3 2417. approximately 3 to 3th feet and could adversely affect the landfill cover and structures such as texts, utilities, and the Rotten Depot building. 1001 I0C6, SFO • Observe the deanng and grubbing operations to assure that all unsuitable materials have been property removed. • Observe the exposed subgrade 3n meas to receive MI and to oras where excavation has; resulted in the dttlred fi»ished ntbgrade, observe protdralling, and delineate a= regoiring ovetexcavation • Perform visual observation to evaluate the notability of apsite and import sults for f0! placement; Collect and wisnit toil samples for nxp lard or teconurseuded Mq itory: ("Brig whens necessary. Pelfami field detssiry and compi clhi n tcsdag to determine the percentage of campactionAchieved during fill placement. • Monitor the installation of pile 6undatim is, Irnpkmeni Mitigation Masure 3.2 2, lii addition, implement @se fallowing recummeodailorufar stnuIIual foundations from the Foundation ipvetgxtianfor Horne Depot (LAWtCrxndali,1993:) To provide support for the hunting, building floor slab, and Public Works the lading dock retaining walls. use driven palings exteod4Into the underlying firm older bay mud. txtend prestressed concrete piles tbmugb tw refise, and salt younger bay Loud anti into the underlying firm older bay mud soils to a depth of at least 145 feet below existing grade. Check the compressive and tensile strength of pile sectkrns to vetiry stmmug car tky of t o pUer Applyll slip layer eompodnd at equivalent, A JCA 318 inch in thickness, to the top 105 feet of All pites.to reduce the effects of boundary loailutg front the Wtight of exiting soil on1 debris fill, piles in groups should he spaced at least 3 fees on centers. Page 4 of 40 Implementation Timing Condition Number Compliance Date During construction Daring construction Table 1-1 Impacts and Mitigation Summary Impacts Mitigation — ---' At least 10 indicator piles shall be driven onsite prior to foundation construction to evaluate driving resisiawc and installation procedures. A wave equation pile drivcabtliry analysis should be performed on proposed piles, In addition, a detailed pile insaBatiou plan titan be developed prior to pile installation, Sign pylons should also be supported an driven pilings; however, this piling does not need to wepd.iwo the underlying older bay nand if settlemeni of the pylon with the grouii l surface can be tolerated. The piling for the sign pylon shall not be coaled with a slip compound, All exterior slabs and wails should be"ft" floating smictum squared from the pilo-suppotted buildings. At all store eauances, design adjacent exterior slabs as ramps hinged to the pile -supported building al one end and supported by rooting on the other end, Design the footing supporting hinge slabs mlaGrely sigid.to wilhstauddifferential settlement that may cause a tripping hantd, The footinf's stns NMI capacity should be sufficient to allow the footing to open an unsupported length of at teasi 40 feet; All Utilities thai span from on-gnda suMtt to the pre -supported building should be designed with loops; slip joints, or expansion links to safely withsomd predicted onsite settieroents, Utdities should be installed above the clay barrier layer (see Midgaton Mcmm 3.9-1), 3.2-9: Significant seismic activity could induce slope instability at 3.2-9: Implement Mitigation Measure 3.24. Cause Procrutal damage of bufldwils or other faellides at the projw site. 3.2-10, Project construction could cause son eroslom 3.2-10. Less -Than -Significant fmpads 3.2.11- The slope stability analysis performed along the northern 3.2.11 property boundary of Parcel I coreluded that gross and surficlal shape stability under both static and dynamic (trading is satisfactory, 3-2-12: The pmjcct would not use soils suitable for agricultural 3.2-12• purposes. HYDROLOGY, GRADING, AND DRAINAGE Shoreline Center Master Plan Significant Impacts J.3-1, Larger onsite surface water runoff volumes and higher peak -la: flows. I3.3 1001IOCB.SFO Implement Mitigation Measure 3 2-5. No mitigation is required. No miugation is required. Page 5 of 40 Agency Responsible Implementation Timing Condition Number Compliance Dale Public Works During construction Public Works During coosuuction Public Works During construction Publfe Works During construction Impacts I OOI I OCB.SFO Table 1-1 Impacts and Atitlgatlon Sumnsary Atiligation 4-40"-4-t Approval of Afire Phase 2 develuprimat bat Shoreline Center shall he cortdymentupan the stmorasRd eomplenionof prapQsed gtAnancaexawa&n tdvidet of the city stnimwatrt pond. The pond was o■ignally designed in Ace OO oro M smtrawater water mnW from deveiopni t of Its cwm waMtsbcd, irxludhtg the Shmrelhte Ctwrr p[e]ed On. Once sediments are ezcavaA. dee pord would hav4 enough capacity to sceammodAm Shoreline Center's runoff. If pond ulaintrasarce is no; cnmplcte at the time Shorel'a:e Center starts In develop, future pmjsrss shall be approved in pluses onee it can 6, demo utrarad thx !hare is adequate cspaeiW in the City's pond to accmsm odite pinjm*4 mil inter flows. .. Leer in NliifM�R]NGt-SG}i�Y:n- 1, P I:4h*4Wak&aa ....rA Mqq:am top f"4fem Page 6 of 401 Agency Respon5ible Lnplementa l ion Timing Condition Nwnber Compliance Dale 1 Pnblic worts Before recording final subdivision reap V"b4L_VjQ;k., �S i+a p♦•]HHINg-pop.a Ftmon % RA N;q re i1Fi65UiiKa pub41C-Warl(a and-dmnRp GpRNRKj{bp 3.3.2 bnpacts Increased potential for soils erosion and decrease in surface runoff water quality during construction. 100110CB.SFO Table 1-1 Impacts and Mitigation Summary Page 7 of 40 illftigation Agency Responsible Implementation Timing Condition Number Compliance Date Swales shall be constructed in landscape buffer areas at the Planning Department/ Before permit issuance perimeter of the project site so excess rainfall can drain Public Works and during consirucuon Before permit issuance. During construction During construction Before permit issuance Before permit issuance Before permit issuance offsite rather than infiltrate into the la WMI. Inuarl file undetdmins beneath irrigated areas is the landscape buffers to ensure adequate drainage Design males to connect existing catch basins. 3.3 -IW: Provide an engineer -designed storm drainage system for Public Works Shoreline Center and the associated parking lots. This system will discharge to the retention pond, the draipage Oarurel adjacent to parcels 1 and 1i lading to rhe City pond, CaaalwvysFRaFs , and San Rafael Bay. Check all outfall pipes for available capacity to convey 100 -year storm design flows. If it is necessary to increase outfall capacity, either replace Public Works an existing outfall with a larger size or install any new outfall pipes adjacent to existing outfalls in order to take advantage of existing outfall protection and to minimize the new areas of disturbance in the retention pond and the Canalways marsh. Apply for all necessary permits, including, but not necessarily limited to, an Army Corps of Engineers Nationwide permit. 3.3-2a- Cover graded areas with mulch and revegetate as soon as Public Works feasible after grading has been completed. Complete grading and mvegention before winter rains begin. Keep construction as far away from the edges of the site as possible. 3.3-2b, Apply for applicable grading permits from the City of Public Works San Rafael. 3.3-2c: During site grading, utilize erosion and sediment control Public Works measures to prevent sediment loading to the surrounding surface waters according to City standards. 3.3-2d: Apply for a Notice of Intent to be covered under the State of Public Works California National Pollutant Discharge Elimination System (NPDES) general permit for construction. A Notice of Intent is required for any construction or grading activities which will affect an area equal to or greater than 5 acres. Before permit issuance. During construction During construction Before permit issuance Before permit issuance Before permit issuance Impacts 3.3-3: Increased loading of pollutants to surface runoff and degradation 3.3-3i of water quality after construction. Table 1-I Impacts and Mitigation Summary Mitigalian Cotismict scull oii ind greasesepamton in parking for areas to collect peiroiem rampovtttis: giease, and odor potentially contaminated sediments before sturmwater fs dl%hmcd offsttd,. flerause dte u li6ft of pollutants found in urban runoff aro the produci of only dre first Bush of precipitation (ge eraiiy defined as,tbe first 30 mixtures of runom, design die oil ata! grease sepatamn to accnmmodatt the six month 3tniiu evenL Owe storm flows exceed the six month design flow:. cy will bypis the od and grease separatots Matntajnoil and grease st"to s by implementing a.jijotuNy monitoring program to determine when accumulettid sediments "U be >xrnoved for disposal at Agency Responsible Implementation Timing Public Works Before recording final Public Works an appropriate disposal site. As part of the regnjfetnents of the NPDSS general permit for Public Works/Regional construction, Implement a Stormwater Pollution Prevention Water Quality Board Plan to control accidental leaks or spills of material's that Control may contain urban pollutants dwt could enter the stomdrain system Rsconirocadetf ttteasurts ittc#nde regutaNy swxpmg parking lots, covering loading docks, and implementing an amploycreducation progrem. lu RwQn is responsible Cor moniroting and enforcing this plan. Less -Than -Significant Impacts 3.3-4: Regrading the site would not result in a different distribution of I 3 -3A, No mitigation is required. runoff to die various receiving waters and would nut have a significant impact. 10011OCBSFO subdivision map, before permit issuance, and ongoing monitoring During construction and ongoing momlofing Before permit issuance and ongoing monitoring Page 8 of 40 Condition Number Compliance Date Table 1-1 Impacts and Mitigation Summary Page 9 of 40 Impacts I Mitigation Agency Responsible Implementation Timing I Condition NumberCompliance Dale Home Depot Significant Impacts 3.3-5: 3.3-5a: Replace existing 12 inch stortnwater pipe with a 15 -inch or Public Works Before recording final no g GA R'FG-' larger diameter pipe- Throughout the drainage system subdivision map design, it is recommended that downstream pipe diameters nor decrease. The diameter of the drautage pipe tt:ceiving flows from it 15 - inch pipe for Home Depot is only 12 inches: fess-Than-SlgoifieaM Impacts 3.3-6: Larger runoff volumes and Increased mormwater flows 3.3-65b: Provide an engineer -designed storm drainage system for the Public Works Home Depot and the associated parking lot. This system will discharge to the retention pond, ibe drlihragcChoMe) adjacent to Parcels I and 3 leading to the City pond, Caoalwwsye-rnarah, and San Rafael Bay. Check all outfall pipes on Parcel I for available capacity to convey 100 -year storm design Bows. If it is necessary to increase outfall capacity, either replace Public Works an existing outfall with a larger size or install any new outfall pipes adjacent to existing outfalls in order to take advantage of existing outfall protection and to minimize the new areas of disturbance in the retention pond and the Canalways marsh. 3.3-7. Altered Hydrology 3.23-7: No mitigation is required. WATER QUALITY Shoreline Center Mosler Plan Significant Impacts 3.4-I: Project development could provide a pathway for groundwater 3.4-la� Comply with San Francisco Regional Water Quality Control Public Works or leachate migration and increase the rate of leachate generation Board criteria for pile construction in landfills. that could cause adverse effects on groundwater or surface water quality - 100110CB SFO Before permit issuance During construction During construction 3.4 -lbs Follow recommendations by Brunsing Associates, Inc. Public WorkslPlanning Before permit issuance (1992) to prevent leakage in underground pipes. The Department recommendations include using flowmeters to perform regular water balances so that leaks can be detected and repaired, Use indigenous species in landscaping to reduce the demand for applied water. Table 1.1 Impacts and Dllligallon Summary Impacts Mitigation Agency Responsible 3 4-1c: Any grading and construction on the project site shall require A+bl,r u'oAct Plannntg the express wrtnen approval of the appropriate regulatory Oeparrment landfill closure agencies pursuant to the Stipulated otter of Compliance and Agreement between the LEA, Cal-Pox, Inc., and SQDS (the permitted operator of 0tc SQW facility), and any conditions imposed by these agencies. fir- v..o...vc .+nb p::.b n,:. 19-R16H41115 1n addition, the project applicant shall comply with ill performance standards and regulatory requiremenu stipulatedutderTit: 14, CCR, Articla7-9; Section 17796. Post-Closuro Land Use. arab the Stipulated Otder of CompIma and Agreement to ensure that all post-closure activities will not cable a potential threat to public health and safety and ft environntem. All future permits and relevant reports Irv! documents submitted to the appropriate landfill closure agencies shall also be filed with the City of San Wacl Planning Department. Home Depot 3.4-2: leachate impacts to water quality associated with development I 3.4 2i Implement Mitigation Measures 3.4-1a through 3.4-Ic. of Home Depot would be similar to those described for Shoreline Center. PLANT AND ANIMAL C0111111UNITIES Shoreline Center Matter Plan Significant Impacts 100110CB.SFO Implementation Timing Before permit issuance; during construction; ongoing monitoring Page 10 of 40 Condition Number Compliance Dale Impacts 3.5 I: Approximately 42 acres of upland ruderal vegetation will be removed during project site grading and development. 100110CB SFO Table 1-1 Impacts and Mitigation Summary Mitigation 3 5 la: Increase the width of the landscape buffers on Parcels I and 6 to cover the area from the building setback across the project site property boundary to the edge of the approximate 20 footwideCity-owned property at the toe of the landfill slope. Revegetation should avoid encroachment on the arta currently used as a City maintenance road and the existing drainage swale leading from the City stormwater pond to the outfall line. These efforts will pmvide a continuation of the landscaping plan proposed in the Park Master Plan for the area adjacent and north of Parcel 6. All iivegetati`iiii Woo shall be ptepamd and implemented in eonsuitadon with and approved by professional consultants specializing in Habitat fesforation. Before revegetation, a qualified wildlife biologist or ecologist should establish the lower limit of tevegetadon to avoid any impact on existing habitat that may be used by special -status species. The lower limit of the revegetation zone should be established with steel stakes and Bagging. Removal of existing native vegetation shall be avoided. Generally, the upper margin of healthy picklcweed and a 10 -foot buffer shall be used for the lower limit of any landscape improvements. Revise Section AA (Marsh Edge) on Figure MPA showing the Master Plan Site Design Standards to show the revised landscape buffer in order to improve habitat on the City - owned band between the south shore of the Canalways Marsh and the building setback line of Parcels I and 6. Prepare a restoration plan and consider using dense shrub plantings, such as Coyote bush, along the edges of the access road to screen die access road and provide cover for wildlife while moving across the roadway to the marsh or uplands. Agency Responsible Implementation Timing Planning Department Before permit issuance Page I1 of 40 Condition Number Compliance Dale IlimwcLs 3.5-1b: 3.5-2: The proposed perimeter landscape buffers will not sufficiently 3.5-2: screen the buffer and marsh areas from potential adverse impacts to wildlife from headlights, human observation, casual visitors, noise, and other human activities. 100110CB SFO Table 1-1 Impacts and Mflligation Summary Mitigation Success landscaping of the landfill slope would create an effective buffer zone between the development and the Canalways marsh and provide significant improvement in the value of wildlife habitat. The restored area would become an integral pan of the Shoreline Park Master Plan. Submit the restoration plan, including landscape planting and irrigation plans, to the City of San Rafael Planning Department for review and approval. TT¢ restoration plan should also be submitted to the U.S. Fish and Wildlife Service for comment because the upper marsh margin and lower landfill slope may provide habitat for the endangered salt marsh harvest mouse and other special -status species. Increase the landscape buffer adjacent to Parcels 2 and 3 to extend north onto the 20 -foot -wide City -owned property towards the Canalways marsh to remove weedy plants and debris and replace low value areas with native marsh and upland plants. Revise the proposed Shoreline Center Mager Play landscape plans to include perimeter landscape berms in areas between the top of the slopes and building setbacks in areas adjacent to marsh habitat. VigitaW Derma would ijnif-iij lacmase & edccriveness of the landscape buffer. to iedoce Impacts on wildlife habitat trom headlight glare and security lighting, human observation, cava[ visitops, noise, and other human activities that may he intrusive on ole habitat areas created or preservO. Ittcotpotating berms near dtc crest of the slope as a mitigation measure would reduce this impact bo tess8barisignificaMlevels, Specific areas to be screened by berms include: • Parcel 3—on the north side adjacent to Canalways marsh • Parcel 1—the northwest and westerly sides adjacent to Canalways marsh • Parcel 6—the northwest side along the City outfall line separating the Canalways marsh • Parcel 6—the southeast portion of the site nearest the MMWD marsh. • Parcel $—clnacrt to the MMWV rmrsii Agency Responsible Implementation Timing Planning Department Before permit issuance Planning Department Before permit issuance Page 12 of 40 Condition Number Compliance Date Impacts 3 5 3: The use of non-native plants in the proposed Planting Concept 3.5-3a: Plan will not mitigate for the reduction in upland habitat value for wildlife. 1001 l OCB.SFO — Table 1-1 — -- -- -- Impacts and Mitigation Summary Mitigation Agency Responsible Use landscaped berms approximately 5 feet in elevation above the parking lot elevation or building access elevations to screen headlights, human activities, random visitor access, and noise from the landscape buffer areas on the perimeter slopes and the upper marsh. berms constructed will need to comply with gcotechnical considerations on placement and land factors. Consider use of lighter mixes with amendments such as sawdust Berns shall be blended into the landscape plans to funhe'r enhance wildlife habitat values in perimeter buffer areas. Compatibility with Shoreline Park visitor access can be maintained by limiting park visitor direct access and viewsheds to the points shown on Figures 19 and 20 of the Enhancement Plan. Update and revise the proposed Master Plan and list of Planning Department plants on the Planting Concept Plan to reflect the list of suitable species shown in the Shoreline Enhancement Plan. Establish guidelines for the site and densities of landscape plants. Revise the project landscape plan to reflect the goals of restoring native plant habitat in the perimeter buffer areas. Develop a landscape maintenance plan that provides for Planning Department wildlife habitat protection and is consistent with the Park Master Plan Enhancement Plan guidance. Incorporate the landscape maintenance plan as part of the proposed Master Plan. Develop a species list for use in the accent areas in parking Planning Department areas and around buildings selected from the Shoreline Enhancement Plan. Give priority to plants with higher wildlife value for food, Planning Department cover, and refuge in developing detail landscape layouts. Suitable plant lists are provided in the Park Master Plan and Enhancement Plans. Use of extensive shrub cover along the perimeter slopes and near the maintenance access road to enhance screening of marsh areas shall be a goal of the landscape plan, Selwdon And use of shrubs, such as gum plant (aiadefia sp.) and mule fat (Boccharis trtroinea), would enhance Cover and smening along ft ntaM margiN white placement of trees, such as Bishop pine or Mon wey cypress along the crest and base of the perimeter slom would et{litl= wteening olid provide Isoladon of roirsb anus; Implementation Timing Condition Number Before permit issuance Before permit issuance Before permit issuance Before permit issuance Page 13 of 40 Compliance Dale - — — '- '— Table 1-1'— -- — -- -- --- Impacts and Mitigation Summary Impacts Mitigation Agency Responsible Implementation Timing 3.5-3b: Develop a landscape irrigation plan that meets the objectives Planning Department Before permit issuance 3.5A: The habitat value of die perimeter landscape buffer would be degraded if all of the non native weedy vegetation is not removed. 100110CB.SFO identified in the Enhancement Plan, meets MMWD goals for conservation and reuse, and is practical for use with the spe cies mix proposed in the Enhancement Plan. Consider using reclaimed water for landscaped areas in coordination with the Enhancement Plan improvements The project area has been identified as a potential reuse arca because of the close proximity of the Central Marin Sanitation Agency (CMSA) main treatment plant. Reclaimed water could be available for use at this site in the future. However, several iajtnrs rmy preclude recla'uned water ivailahility in the neat fueim: budget constraints at CMSA and MMWD had ft CIO, of San RIM, high salinity levels (up to 2,000 mg1l chloride) in the CMSA effluent that ata due in par to iMWralion in the sewer system, and the sail tolerance tevels of liu s'Upe plants. Nevertheless, hi ace, "ide' M' O with dtt MMWD polky, new dtvelopmentlshould iiiClude'specific features that Would allow can==on to 'a teclaitrtrd mater $Yom as any poitm In Ow bralre. The specification of Section 12b—landscape Design of the proposed Shoreline Center Master Plan shall be revised to include the irigadon system guidelines established by MMWD for use of reclaimed water, such as use of purple pipe, separate metering, and piping connections. 3.5A Eradicate non-native plants from all areas adjacent to marsh and upland habitat created in the landscape buffer around the project site. Eradication shall occur in the spring for a period or three to five, years. Coordinate removal plans with implementation of the Shoreline Enhancement Plan and Shoreline Park Master Plan. The removal process shall not incline herbicide Raying. Before surcharged fill is placed on the project site, graders shall mmovt ail ottcite vegetation. As surcharged fill is removed or mlocatea, (tie cleaned area will be seeded with the native grass miarturel remommanded fp ore Shoreline Park Master Plan w provide a vegaatiou cover mad serve w control erosion if buildout is delayed irioie than three in six months, Planning Department Before permit issuance Planning Department Before permit issuance Page 14 of 40 Condition Number Compliance Dale Impacts 3.5-5: Lack of coordination between the Shoreline Center Master Plan, 3.5 5: Shoreline Enhancement Plan, and Shoreline Park Master Plan could have the following impacts: If the City's Enhancement Plan improvements do not occur simultaneously with the landscaping of the perimeter buffer a band of weedy, invasive ruderal vegetation will remain around the perimeter of Parcel 6. Weeds could invade the proposed native plant landscaping and marsh areas and require control measures, including the use of herbicide controls. A weedy zone will interrupt the transition between upland habitat created in the perimeter buffer and the levee and MMWD marsh, decreasing the benefits to be gained by the buffer revegetation efforts. The weedy zone will provide a refuge for undesirable wildlife and contribute to prolonged impacts on marsh habitat. • The weedy zone between perimeter landscape areas and marsh areas could become an attractant for disposal of refuse and litter as visitor access to the Shoreline Center site increases - 3.5 -6: Increase in general light levels within the project area will degrade the habitat quality of adjacent marsh areas and could potentially cause a loss in habitat availability for sensitive species. 1001 IOCB.SFO Table 1-] Impacts and Mitigation Stunmary Mitigation Agency Responsible Buildout of the Shoreline Center site will require landscaping in perimeter areas along ft slopes of the landfill cap. Coordination between the Shoreline Enhaneemant flan; the proposed Shoreline Patio Master Plan; and die Shoreline Center Maser Plan during hnptemuitation of these plans wl'll be essential in establishing native ptam Vegetarian, habitat restoration or creation, protection of valuable wildlife habitat, and the developmcmof tnainuenanen practices that have potential benefits for wildlife. Page 15 of 40 Implementation Timing Condition Number Compliance Date Revise the proposed Master Plan to include a landscaping Planning Department Before permit issuance plan that is compatible with the Enhancement Plait and Shoreline Park Master Plan. The prrptisal Master Pian shall have the following requirements: • Landscape planning shall be coordinated with the Planning Department Shoreline Enhancement Plan improvements during each phase of the propoud Master Plan buildout period. • The proposed Master Plan should be updated, yearly at Planning Department a minimum, to reflect the status of the Enhancement Plan during the interim period to conclusion of project buildout. The City of San Rafael's efforts to complete the Park Master Plan and Enhancement Plan should be incorporated into the proposed Shoreline Center4 Master Plan to ensure that all plans are complementary and compatible. • California native plants with upland habitat values shall Planning Department be used in landscaping all perimeter areas upslope of marsh habitat. Upland vegetation shall be established in zones that blend with natural plant communities and are compatible with the Enhancement Plan objectives. 3.5-6: Revise the Lighting Master Plan for Development of Planting Department Shoreline Center to reflect more specific guidance on and Police Department perimeter and other light sources, including: Before permit issuance Before permit issuance Before permit issuance Before permit issuance Table 1-1 Impacts and Mitigation Stmtmary Impacts Mitigation Agency Responsible • Restrict light levels in marsh areas beyond the property Planning Department line to current ambient conditions to the extent feasible and Police Department using landscape vegetation and downlight fixtures. No increase in ambient light levels in the marsh and adjacent habitat should be allowed beyond the parking lot perimeter and setback. • A lighting survey of marsh areas along the property line Planning Department shall be conducted along the property lines of Pamel! 1, and Police Department 3, S, end 6 adjacent to marsh and open water habitats and the results of the survey mapped for future reference in the Lighting Master Plan. • Proposed new developments shall demonstrate that addi- Planning Department linnal perimeter lighting will not exceed measured and Police Department ambient levels. Reflected glare, surface reflectivity, and other indirect sources of light shall be considered in evaluating light levels of proposed building or development uses. • New perimeter lighting shall not intrude in marsh Planning Department habitat. If possible, perimeter lighting should be and Police Department reduced to minimal levels essential for security and safety reasons in all perimeter areas adjacent to marsh habitat. • Downlight fixtures and cutoff pole fixtures shall he used Planning Department in all perimeter areas to minimize lighting impacts on and Police Department wildlife. 100110CB SFO Page 16 of 40 Implementation Timing Condition Number Compliance Dale Before permit issuance Before permit issuance Before permit issuance Before permit issuance Before permit issuance 3.5-7: Impacts Pollutant and sediment loads from discharged stonnwater could 3.5.7a: potentially affect adjacent receiving waters, including the Canalways marsh. City retention pond, and MMWD pond, and could harm benthic invertebrates, fish, and a wide variety of water fowl, shorebirds, and other wildlife that utilize the ponds and near shore mudflats. 1001 IOCB.SFO Table 1-1 Impacts and Mitigation Summary M1titigattan In response, to public comments on the DHIR, a variation of the Ltdl bullet recommended under previous Mitigation Measure 3.5-7a below has been incorporated Into Section 3.3 of the Draft final MR to address impacts related to water quality degradation in adjeceitt open water and marsh habitats due to sediments and p*taru loathing in the $totmwater. Revised Mitigado Measure 3.3.3a tecometxrrds WhM..cdon of sh all all anti grease separator ill parking tot anu to collect peuofeunt eompot ods, Btease; ad potential eonlamhated sedimemis before stotmwater is tlitchargedotishe. ImpkmentiWitof tMscd Mitigation Measure 3.3.3a, together with evised Mitigation Measure 31-7b, would mdueti powmial water quality degradation in idjaccru offs x habitats to a 14ihan-sigtilficantiutpict. Therefore, DOR Mitigation Measilte 3,3.7A below has been deleted, 'A WOPP210091 With Lh- Qt)' and G-11401 X4ftFiA 2211"2100 WOW- -4-9 1W GORPOPIU-1 Stagil, 5018"! an OpligH OF SGRIS 691014011-69A 9 Plan site by ,olle,!ing and divoioi;ig flows is kasibls� Agency Responsible Implementation Timing Condition Number Page 17 or 40 Compliance Date Impacts 1001 IIICB SFO Table 1-1 Impacts and Mitigation Summary Mitigation. wm and dospow of sediment. -R dlbde-artsils. traaimW. and - Z-. , , -. • Sediment Traps -1 Outlets- Canun.,G"Gn-aad loading and Gomm of 'he .,"l—A PINUff GORI-MiA26OR 3.5 7b: Implement Mitigation Measures 3 3.2a through 3.3.2d and Mitigation Measures 3.3-3a aad 3b. The following A auml>.wf. W—A actions should also be implemented by Shoreline Center developers in concert with the City of San Rafael: Agency Responsible Implementation Timing Page Ig of 40 Condition Number Compliance Date Impacts 1001 IOCB.SFO Table 1-1 Impacts and Mitigation Summary 111iligalion • The prop"od Master Plan should be amended to include a detailed, site specific Best Management Practices (BMP's) section to avoid, reduce, and control stormwater loadings from proposed developments. Elements in the BMP program shall be based an the RWQCB's nonpoint source control program. Use the results gained from the Santa Clan and Alameda County programs for similar watersheds and land uses mixes to establish site-specific control measures for Shoreline Center. uxaw. When Marin County implements its Urban Runoff Baseline Control Prognm, the Results of the program should be used in targeting the specific BMP's for the Master Plan based on expected business use mixes in final buildout. Page 19 or 40 Agency Responsible Implementation Timing Condition Number Compliance Dale Public Works Before recording final subdivision map Public Works Before permit issuance and ongoing monitoring Impacts 3 5 A: Surface water runoff and other water quality contaminants could 3.5-8a: potentially affect the Point Reyes Bird's Beak and Marin Knotweed. two special -status plant species that may occur in the salt marsh habitat adjacent to the project site. 100110CB.SFO Table 1-1 impacts and Mitigation Summary Mitigation The purpose of the proposed iare plant surveys previously recommended In Mitigation Measures 3.5.8a and 8b below was to protect these species from potential contamination due to sediment emsion caused by stor mwater discharges from the project sim. However, implementatiob of revised mitigation meuutes in Section 3.3 of this Draft Final EIR addressing erosion and water quality degradation during and after construction would seduce lmpaei 3.5-8 to a less - than -significant level. Implement Mitigation Mot *ures 3.3-2a diirough 3.3-2d artd 3.3.3a and 3b. No fttrtber mitigation is required. ZOMM" -FQ;iQA. 81111 46) "gro-Men, Llask Prawn— OF suitable habitat art Page 20 of 40 Agency Responsible Implementation Timing Condition Number Compliance Date AJapniag-Depanman Betwrs{ts ce Impacts — 3.5 9- Discharge of potentially harmful materials (e.g., swrmwater 3 5 9: spills, irrigation runoff, street cleaning, etc.) to the adjacent Canalways. MMWD, and city marshes could potentially effect the habitat of the California black rail. California clapper rail, and saltmarsh wandering shrew. 3.5-10: Increased surface runoff into the Canalways marsh could inundate habitat for the endangered saltmarsh harvest mouse 100110CB.SFO 3 5-10: — — —Table 1-1 Impacts and Mitigation Summary Mitigation Agency Responsible Implementation Timing Condition Number Modify the proposed Master Plan to establish a marsh Planning Department Before permit issuance monitoring program to track potential impacts on the marshes and institute a corrective action process if impacts are detected The program should he designed to detect and remedy adverse impacts on the marsh that may occur with future business use. Implement the following measures: • Remove liner and take steps to decrease the contributing Planning Department During construction and sources such as increased signage, numbers of waste ongoing monitoring receptacles, covering of trash containers, and other reasonable measures to avoid liner entering the marsh. • Erect signs at points of entry that identify the marshes Planning Department During construction as wildlife habitat and that disturbance of wildlife, trespassing on vegetation, and disposal of litter is detrimental to the values of the marsh. • The project proponent should undertake efforts to Planning Department Ongoing monitoring maintain and enhance the habitat values of the marsh and restored upland areas surrounding the development. Monitoring shall be integrated with implementation of the Park Master Plan and the Enhancement Plan. The plan should include measures such as the cost of addi- tional and replacement signage, litter removal, plant materials, tools, publicity, and similar measures to enhance the marsh community, and improve Shoreline Center worker and visitor awareness of marsh values, vulnerability, and sensitivities to human interferences. • The project tipplicint s6otild actively pariielpiie in any Planning Department Ongoing monitoring source reduction andlor recycling programs currently implemented is the City w help reduce the amount of waste generated at the sourm of production is well as encourage recycling. Implement Mitigation Meana 3.3-1i. No funher mitigation Planning Bepartrrwm is required. Us dsvelapst: ptg;alm A1 --m l 5 Zb. -Ad GagaiAg mon toting Page 21 or 40 Compliance Dale 3 5 1144 Reduction of upland foregoing habitat and prey for existing predators could increase predation on the saltmarsh harvest mouse in the Canalways marsh. 1001 l OC H. SPO This landscape buffet shalt be planted with oauve shrubs, grasses, and other plant species to provide cover and food sources for wildlife that live onsite or move between habitats to the north and south. Landscaping efforts shall be compatible with the San Rafael Shoreline Enhancement Plan, Shoreline Park Master Plan, and Iandk closure requirements- Tree cover in this landscape buffer shad not obstruct the two view corridors designated on Parcel 6. It is anticipated that most movement within the corridor will take place at night when them is limited human activity onsite. Therefore, fencing to restrict human access between the project site and East San Rafael Shoreline Paris Is mat proposed. 3.5 = No mitigation is required. Table 1-1 impacts and Mitigation Summary Page 22 of 40 Impacts Mitigation Agency Responsible I Implementation Timing Condition Number I Compliance Date Less -Than -Significant Impacts { 4,5.11: Site development could deter wildlife migration and isolate the 35-11: Revise the proposed Shoreline Center Master Plan to Planning Department Hefom permit issuance 1 Canalways marsh and MMWD pond habitats to the north and increase the minimum width of both the landscape buffer and and ongoing monitoring south, respectively, building setback area on the eastern edge of Parcel 6 from 10 and 25 feet respectively to 37 112 feet (this figure represents the average building setback: recommended in the proposed Shoreline Center Master Plan for Parcell 6). Selecting a width for this migration corridor is a somewhat arbitrary process. However, the proposed 37 112 -foot landscape buffer should be adequate for the types of species anticipated to use this corridor and would provide for a more protective movement corridor compared to what currently exists onsite and what is proposed for EAst San Rafael Shoreline Park. With implementation of landscaping proposed in the Shoreline Park Mauer Plan, this buffer Brea would be extended an additional 20 feet However, this additional area would include recreation opportunities such as on asphalt pact where Union activity might defer wildlife movement 3 5 1144 Reduction of upland foregoing habitat and prey for existing predators could increase predation on the saltmarsh harvest mouse in the Canalways marsh. 1001 l OC H. SPO This landscape buffet shalt be planted with oauve shrubs, grasses, and other plant species to provide cover and food sources for wildlife that live onsite or move between habitats to the north and south. Landscaping efforts shall be compatible with the San Rafael Shoreline Enhancement Plan, Shoreline Park Master Plan, and Iandk closure requirements- Tree cover in this landscape buffer shad not obstruct the two view corridors designated on Parcel 6. It is anticipated that most movement within the corridor will take place at night when them is limited human activity onsite. Therefore, fencing to restrict human access between the project site and East San Rafael Shoreline Paris Is mat proposed. 3.5 = No mitigation is required. Table 1-1 Impacts and Mitigation Summary Impacts Mitigation Agency Responsible 3-51311: Increased numbers of feral cats and other predators could 1.5131-]: Dispose of all waste from industrial and commercial husmes Planning Department increase the incidence of these species in the Canalways marsh ses in metal animal proof containers to prevent attraction of and, therefore, increase predation on the saltmarsh harvest animals, as well as their entry to the container. Construct mouse. parking lot waste containers in a manner to prevent entry of animals and empty containers regularly to prevent attraction of animals by odors. 3-5 1443: Earthmoving and grading activities will create dust that could 3.5.1417: Incorporate explicit guidance measures in grading permit and Public Works move offsite and settle an adjacent marsh and open water habitat contract documents for the application of water to grading that could ultimately have adverse impacts on vegetation and and construction sites to reduce and control dust. Reclaimed wildlife. water should be used during construction phases, if available from CMSA or the las Gallmas Treatment Plant. 3.5-7514: In the event of min, areas not covered by paving, building areas, or landscaping during project construction will he susceptible to erosion of surface soils that will deposit sediments to adjacent marsh areas or to nearshore open water areas of San Rafael Bay in the short term. 3 -SAW: Construction activities could impact natural plant communities and wildlife as a result of heavy equipment use, worker activities, and noise. IMI IDCB.SPa 3.5 -1 SW: Each phase of project development should have an emsion control plan for project specific site features, seasonal contingency plans, and monitoring of the project to ensure that construction activities do not increase sedimentation in adjacent marsh areas during grading. For increased protection of biological resources, develop an erosion control plan that meets the specifications identified under Mitigation Measure 3.3-7" through 3.3-1d. 3.5 164,5: During the grading and building construction phases, require the contractor to alert construction workers to sensitivity of marsh areas adjacent to the project site. Workers shall be made aware of the need to avoid surface disturbing activities in or near the marshes, properly dispose of litter or refuse, and to avoid trespassing into marsh areas. Require and enforce use of refuse receptacles during meal breaks, collection of construction debris, and parking of equipment away from the marsh boundary during construction and building phases. Adequate Bagging andtor fencing of the marsh boundary areas shall be required to prevent construction crew access and avoid unnecessary damage. Equipment parking and fueling areas shall be near the center of the site, away from the marsh. Fuel spills shall not be Bushed down storm drains but contained and collected for Proper disposal. Public Works Page 23 of 40 Implementation Timing Condition Number Compliance Dale Dunng construction and ongoing monitoring Before permit issuance Before permit issuance Planning Department Before permit issuance Impacts 3.5-174,6: Loss of approximately 42 acres of occasional foregoing habitat for raptors, including the nnrthem harrier, Cooper's hawk, and black -shouldered kite. 35 183-7: Revegetation planned for the perimeter landscape buffer area and building set back area could require a permit from the San Francisco Bay Conservation and Development Commis sion (BCDC). 100110CB.SFO Table 1-1 Impacts and NUtigation Summary Mitigation 3.5-1746: Rl... parch poles in ;andom --d- a Implement Mitigation Measute 3 6-11. No further mitigation is required. 3.5-18x-7: prepare and submit an application for a BCDC permit to conduct revegetation work in the lower portions of the land scape buffer zone that may lie within the BCDC Shoreline Band. Page 24 of 401 Agency Responsible Implementation Timing Condition Number Compliance Date Planning-Wpanmsal ll.f"-acc,PnA,Y Planning Department Before occupancy Impacts - - f — — — Nome Depot Significant Impacts 3.5-194A: Development of Home Depot could result in reduced habitat value in the perimeter buffer areas of Parcel 1. Less -Than -Significant Impacts 3.5 2UP: Approximately 9.7 acres of upland ruderal habitat will be removed as a result of constructing Home Depot. Essentially tite same impacts on plane and special -status species for Shoreline Center would apply to Home Depot; however, the magnitude of the impact is reduced because of the smaller area affected. 10011DCB SFO Tabic 1-1 — -- -- — Impacts and Mitigation Summary Page 25 of 40 Mitigation Agency Responsible implementation Timing 1 Condition Number I Compliance Dale 3 5 194.9 The plant list of the Home Depot Landscape Concept Plan Planning Department Before occupanc) should be revised to show the plants listed in the Shoreline Enhancement Plan. Non native plant species should not be used in the perimeter buffer planting. Incorporate and implement the wildlife habitat enhancement objectives of the Enhancement Plan into the Home Depot plan. Incorporate the approximate 35,000 square foot triangular area north of Home Depot into the Home Depot landscape plan and revegeration efforts adjacent to the salt marsh. Implement Mitigation Measures 3.5 1a, 3.54, 3.5 ga- -Ad -b, and 3.5-9 in areas applicable to the Home Depot development on Parcel I. In addition, implement the following mitigations recommended on a prorated basis with the balance of the Shoreline Center development: • Mitigation 5-1a and b (Investig-is (measures to further avoid, redum and control stormwater loadings) µ0pnwat•Fpendi 3.5-201A: Mitigation measures described above for less -than -significant impacts for the proposed Shoreline Center Master Plan are applicable to the Home Depot development on Parcel 1 as well. Home Depot should undertake the following mitigation measures on Parcel I: • Litter Control (Mitigation 3.5-131) I • Construction Dust and Particulate Emissions (Mitigation 3.5.143) • Erosion of Surface Soils (Mitigation 3.5-134) • Construction Disturbance (Mitigation 3.5-163) • Wetland Permit Requirements (Mitigation 3.5.187) 1001IGCB.SFO Table 1-1 impacts and Mitigalion Summary Page 26 or 40 Impacts I Mitigation I Agency Responsible I Implementation Timing I Condition Number I Compliance Dale TRANSPORTATION AND CIRCULATION Home Depot Significant Impacts 3.6-1 In the absence of traffic controls, the existing project site plan 3.6-1a: Install STOP sign on the egress lanes of the she access drive Public Works During construction may not efficiently accommodate projected Phase 1 Home Depot (see intersection Nos. I I and l2 on Figures 3.6-1 through total traffic volumes. 3.6-8). 3 -6 -Ib: Provide median channelization along the entire length or Public Works During construction Shoreline Parkway 10 encourage proper traffic operation,, and to provide exclusive lett tum lanes at the Sita access drives along Shortute Parkway, Public Works During construction 3.6 Ic•. Construct the proposed Shoreline Parkway site access drive to provide two ingress lanes and two egress lanes, each of 12 -foot minimum width. Standard 24" x 30" (117) and 24" x Ig" (117A) Caltrans signs should be installed at the approach to this roadway. Public Works During construction 3.6-1d: IwA A Provide directional signs onsite to guide traffic to I- 590 interchanges. 3.6-2: Temporary increases in traffic during surcharging and 3.6-2: Restrict trips hauling fill material and moving construction Public Works Before permit issuance construction activities could affect traffic operations an nearby equipment, material, and workers to the project site to and during construction roadways in the project vicinity. nonpeak morning and afternoon weekday hours or reroute Ns traffic to avoid congested intersections during the AM and PM peak hours. 1001IGCB.SFO Table 1-1 Impacts and Mitigation Summary Page 27 of 40 Impacts I Mitigation Agency Responsible I Implemenlalion Timing I Condition Number I Compliance Date Less -Than -Significant Impacts 3.6 3: Hame Depot -generated traffic would not result in significant 3,6 -3 - traffic impacts, however, the addition of Home Depot project trips would further deteriorate background conditions at the intersection of Bellam Boulevard/Kerner Boulevard. Ittaddition, none of the freeway segments under Phase 1 would experience a significant traffic impact. Shoreline Cenfer Significant Impacts 3.64: The projected 815 trips generated by Shoreline Center under 3.6-4 Master Plan conditions, in addition to the 400 trips generated by Home Depot, would result in 5 more trips beyond the 1,210 trips originally allocated for the project site in the General Plan. 100110C13.SFO Hume Depot developers shall participate, in coordination with other approved projects, in a traffic mitigation fee program, as required by General Plan Policy C-18 (Area Transportation Improvement Programs), that equitably distributes the costs of providing necessary offsite traffic improvements. The following improvements are recommended to reduce cumulative traffic impacts in the study area • A fully actuated traffic signal should be installed at the Public Works Before permit issuance intersection of Bellam Boulevard and Kerner Boulevard. The traffic study analyses indicate that, with the installation of such a signal, this intersection will operate at level of service C under project conditions. As per industry standard, the feasibility of such a signal should be re-evaluated at the time of installation. • The traffic signal system at the intersections of Bellam Boulevard with Francisco Boulevard and the 1-580 Public Works Before permit issuance ramps should be optimized. Rob", WQ:kx R&WFO pesmil M511"WA Reduce the total square footage prescribed in the Shoreline Public Works Before permit issuance Center Master Plan by an amount proportionate to the three proposed land uses (specialty retail, light industrial, and business office) to reduce the total number of PM peak hour trips generated at the site to 1,210. Impacts 3.6-5: Shoreline Center -generated project traffic would cause a 3.6 5: deterioration in level of service at the intersections of Bellam Boulevard/Francisco Boulevard and Bellam Boulevard/Kerner Boulevard from LOS D and LOS C, respectively, under background conditions, to LOS F. 1001 IOCB.SFO Table 1-1 Impacts and Mitigation Summary Mitigation Shoreline Center developers shall participate, in coordination with other approved pmjects, in a traffic mitigation fee program, as required by General Plan Policy C-18, that equitably distributes the costs of providing necessary offsite traffic improvements. The following improvements are recommended for implementation before development of Shoreline Center to reduce cumulative traffic impacts in the study area, however, future developinewii 5h6ietwb Center will be able to compete with other projects in San Rafael for critical moves awarded dtmugb the PYP process; it and when available, and thetdore, could be iwmttur eA'prior to implementation of thea improvemet t Page 28 of 40 Agency Responsible Implementation Timing Condition Number Compliance Dale • Extend Kenner Boulevard to the proposed project site to Public Works Before permit issuance provide necessary additional capacity to acceptably service anticipated future traffic volumes. An EIR on the Kerner Boulevard extension project is budgeted and planned during the 1992/93 fiscal year-: Iteivw--Fte ;1e«tlfsad This project will be f nded ttoio i»a available aortic mitigation fees: Construct the proposed Bellantll-580M.S. 401 Public Works Before permit issuance interchange hWmvemrncs 4ane4t" per Caltrans and City of San Rafael design guidelines. As indicated by the City, it is assumed that this interchange improvement would improve operating conditions at study intersections to acceptable levels of traffic operations. The overall traffic impacts of the Shoreline Center project and other projects in the vicinity of this Beilamfl-580/U.S. 401 interchange were included in the traffic analyses conducted for the San Rafael General Plan and General Plan EIR and provide the basis for this requirement. Ph= I of the llellatttil-i901U,S,-ltli interchange improvements is listed as a panWly fumed project in Ore City's Punded Ca*l Imprdvemcni Ned list for 1"2193- --- ——– Table 1-1— — -- Impacts and Mitigation Summary Impacts Mitigation Agency Responsible Implementation Tuning 3.6 6 In the absence of traffic controls, the existing project site plan 3.6-6a! Provide amiaimum of at least two and pratambly thru site Public Works Before permit issuance may not efficiently accommodate projected Shoreline Center access drives, (t g.; the proposed secondary, site Access drive total traffic volumes. In addition, automobile traffic at the into Parcci 6) omo Kerner Boulevard m alleviale traffic! project site could conflict with bicycle traffic using the proposed congestion on Shoreline Parkway. It is recommended that bicycle route along the length of Kerner Boulevard. site a=ss from Kerner Boulevard be provided to all parcels adjacent to this roadway (Parcels 2, 3, 4, and 5). In addition, provide two site access driver: from Parcel 6 onto Shomlia t Parkway to faefthate traffic flow in and oro of this Parcel. 3.6-6b: Design the intersection(s) of Kerner Boulevard with the Public Works additional access drives to provide a minimum of two ingress and two egress lanes, each of 12 feet minimum width. 3-6-6c: Insall a traffic signal at the intersection of Francisco Public Works Boulevard and Shoreline Parkway (see intersection No. g on Figures 3.6 1 through 3.6-8). As per Industry standards, the feasibility of such a signal should be re-evaluated at the time of Itwa0ation. 3,6-6d! Design the site access drives to intersect Kerner Boulevard at Public Works a 90 degree angle, with minimum turning radii of 30 feet. 3.6 lx: Public Works 3.6-7; Cnnstructinn rclared tmck and automobile trips may affect traffic 3.67: implement Mitigation Measure 3.6-2. operations on nearby roadways in the project vicinity. 1001IOCB SFO Before permit issuance Before permit issuance Before permit issuance Before permit issuance Page 29 or 40 Condition Number Compliance Date Impacts AIR QUALITY Shoreline Center Hasler Plan Slgniticant Impacts 3.7-13: Emissions from project -generated traffic would contribute to 3.7=13: exceedances of the 24-hour PM„ significance criteria standards in the general project vicinity. Less -Than -Significant Impacts 3.7-24: Construction activities at the project site could wauld generate 3.7-24: short-term emissions of PM,o that contribtde to exceed&=of the 24-hour PM,. standard. 1001 I OCB.SFO — — — — — -- —Table 1-1 — — -- _ Impacts and Mitigation Summary Page 30 of 40 Miligalion I Agency Responsible I Implementation Tuning I Condition Number I Compliance Date Increased emissions of PM,• from traffic generated by Shoreline Center cannot be mitigated to a less -than - significant level. However, to reduce the number of vehicle trips generated by the proposed Shoreline Center, and thereby reduce PM„ levels in the project area, implement the following transportation control measures: • Pursuant to proposed BAAQMD regulations to be Planning Department adopted in late fall 1992, all individual businesses at Shoreline Center meeting specific criteria (e.g., 100 or more employees reporting to single work sites between the hours of 6:30 a.m. and 10 a.m.) should submit and implement an employer -based trip reduction plan to reduce commuter trips. These plans might include employee incentives such as flea -lime work schedules, reimbursement for employee -purchased transit fares, and coordinated ride -sharing programs. BAAQMD estimates that implementation of flex -time programs would reduce regional emissions by 2 percent. • Pursuant to the City of San Rafael General Plan policies Planning Department for new developments, provide additional Transportation Systems Management Programs for Shoreline Center. These measures could include car- pool and vanpool programs, as well as provision of bicycle parking facilities. Administer a dust control program during project construe- Public Works tion. An effective dust control program can reduce PM,• emissions by up to 50 percent. Implement the following spe- cific measures recommended by the BAAQMD: • During clearing, grading, earth moving, or excavation, Public Works use water trucks or sprinkler systems in sufficient quantities to prevent dust raised from leaving the site. • After clearing, grading, earth moving, or excavation is Public Works completed: (a) grow a grass cover over the disturbed area; (b) spread soil binders; or (c) dampen the area with water such that a surface crust would be formed and maintained. Within first year after occupancy Before permit issuance Before permit issuance Before permit issuance Before permit issuance Impacts 3.7-3: Impacts on ambient CO levels from operation of Shoreline 3.7-3: Center would not be significant. 3.7.4: Emissions of nitrogen oxides, total organic gases, and sulfur 3.7A: oxides from project -generated traffic are not expected to be significant. 3.7-5: Assuming that future light industrial development at Shoreline 3.7.5: Center will meet all applicable BAAQMD requirements for controlling air contaminant emissions, air quality impacts associated with these industries would not be significant. 3.7-6: Increases in emissions from the Central Marin Sanitation Agency 3.7-6: Waste Water Treatment Plant from the project would not result in significant air quality impacts. 3.7-7: The proposed project would be consistent with local and 3.7-7: regional air quality plans. 3-7-&: PM, emissions could result is potential adverse health effects. 3.74 - Home Depot Significant Impacts 3.7-99: Construction of the proposed Home Depot would generate short- 13.7-99 term emissions of PM,• that exceed the 24-hour PM,. standard. Table 1-1 Impacts and Mitigation Summary Mitigation • During construction, use water trucks or sprinkler systems to wet down all areas of vehicle movement in the late morning and after work is completed for the day. Watering frequency would be increased whenever the wind speed exceeds 15 mph. All madways, driveways, sidewalks, etc., would be paved as soon as possible. Building pads would be laid as soon as possible after grading unless seeding or soil binders are used. • The contractor or builder should designate a person to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust offsite. The person would also respond to citizen complaints. No mitigation is required. No mitigation is required. No mitigation is required. No mitigation is required. No mitigation is required. No mitigation is requited: Agency Responsible Implementation Timing Condition Number Public Works Before permit issuance Public Works Administer a dust control program during project 1Public Works construction similar to the program described for Mitigation Measure 3.7.12. 3.7-169: Average daily emissions of total organic gases, nitrogen oxides, 3.7-109: No mitigation is required. PM,,,, and sulfur oxides from Home Depot traffic would be below BAAQMD significant criteria and would not create a significant air quality impact. 100110CB.SFO Before permit issuance IBefore permit issuance Page 31 of 40 Compliance Date Table 1-1 Impacts and Mitigation Summary Page 32 of 40 ImpactsI Mitigation Agency Responsible I Implementation Timing Irn Condition Nuber I Compliance Date 3.7-1140: Impacts on ambient CO levels from operation of Home Depot 3.7-1110: No mitigation is required would not be significant. IMMIAN HEALTH AND SAFETY AND LANDFILL GAS Shoreline Center Master Plan Significant Impacts 3-8-1: Landfill gas could accumulate in excavated areas for utilities and 3.8-1a Contractors and utility companies shall submit health and Public Workt pose a threat of explosion or asphyxiation. safety plans to the Marin County Department of Health and 1001 lOCB.SFO Before permit issuance Before permit issuance buting construction Before permit issuance Before permit issuance During project const action Before permit issuance Human Services and the Cal -EPA Department of Toxic Substances Control for outharizing utility work and for monitoring site Operations. No utility work shall be allowed onsite until the authorizing agency has reviewed the health and safety plans. 3.8-M Place signs warning of the hazards of entering confined Public Works airspaces on all utility covers and vaults. 3.8-14: " lit project applicant stiall notify dij appriipiieie public Wbrks enforcement agency of any condition that devalopsduring utility htsuiladou resulting in cnvimnuieirt l degwwdstion And/or a public health Lazard; 3.8 2: Penetration of the landfill cover during pile foundation 3.8 22: Require contractors to submit health and safety plans to the Public Works construction could expose construction workers to high Marin County Department of Health and Human Services concentrations of landfill gas. and the Cal -EPA Department of Toxic Substances Control. No penetration of the final cover occur before agency approval of the health and safety plan. 3.8-2b: Construct buildings with piles as part of the foundation with Public Works a specific vapor barrier design for a continuous final cover incorporating piles. The project applicant Am-aiiar has proposed alternative methods (i.e.. concrete flab) to provide a continuous final cover beneath structures.Th 3.8.24; e project applicant Shall notify the appmpriaie Public Works enforeea"t agency of any condition that develops during penetration of the final cover resulting in environmental degradation an lar4public health hazard. 3.8-3: Onsite excavations could expose equipment operators to landfill 3.8 3a: Require contractors to submit health and safety plans to the Public Works gas releases during building pad construction. Marin County Department of Health and Human Services and the Cal -EPA Department of Toxic Substances Control. No building pads shall be constructed before agency approval of the health and safety plans. 1001 lOCB.SFO Before permit issuance Before permit issuance buting construction Before permit issuance Before permit issuance During project const action Before permit issuance Impacts Less -Than -Significant Impacts 3.84: Land fill gas could potentially mitigate through onsite parking surfaces. 3.8-5: Landfill gas could mitigate through building foundations 1001 I IICB.SFO — — Table I-1 Impacts and Mitigation Summary Mitigation Agency Responsible Implementation Timing Condition Number 3.8-3b: The final cover after regrading shall comply with the Public Works Before permit issuance regulations prescribed in 23 CCR Chapter 15 and 14 CCR Chapter 3. 3.0-3c: The project applicant shall notify the appropriate Public Work enf ircementageney of any coni that develops during building pad construction resulting in envimnmedtal degtadathm atulfor a public health hazard. 3.84a: Construct a detection zone (i.e., high permeability layer with Public Works vents and sensors where landfill gas could accumulate) under the asphalt to identify landfill gas emissions. 3.84b. lilt projectjrptieanfctiriesrtdy inipltmertu a landpll gas Public Works moaitoting plan at the project siie..> Revise this existing plat W WaShOt for potential landfill gas emissions through cracks in the asphalt and joints to concrete structures. Ibis plan shall be submit- ted to the City of San Rafael Public Works Department before issuing grading and building permits. The plan shall include descriptions of maintenance practices. A landfdi gas 3.8 5: The project applicant proposes to construct primary and Public Works secondary defection zones is building foundations to prevent landfill gas rmgration. Construct monitoring devices in detection zones below building foundations. Each separate area creating subsurface projections (e.g., grade beams) shall be monitored. The perimeter of the foundations shall pro vide for landfill gas detection, control, and ventilation. The sensors for the monitoring devices shall be accessible for routine testing, calibration, maintenance, repair, and replacement. Include additional information about sensor maintenance in future development plans. During construction Before permit issuance and during construction Before permit issuance and during construction Before permit issuance Page 33 of 40 Compliance Date 1001 I OCB.SPO Table 1-1 Impacts and Mitigation Summary Page 34 of 40 Impacts Mitigation Agency Responsible Implementation Timing Condition Number Compliance Date 3.8.6: Earth movement could cause landfill gas to migrate through 3.8-6a: The pmject applicant has proposed vapor barriers beneath Public Works Before permit issuance ruptured floor slaps or gas control features. the buildings. Construct these a vapor barriers (i.e., low permeability barrier that restricts landfill gas migration) in building foundations to withstand anticipated foundation movements caused by differential settlement and earthquakes. Designs shall provide a discussion of the anticipated foundation behavior during differential settlement and earthquakes and of the flexibility of the vapor barrier, including connections to pipes, utilities, and piles. The developer shall provide a discussion of anticipated foundation behavior as needed above. 3 8-6b'. Include a post-canhquake inspection of all subsurface Public Works Ongoing monitoring structures and utility conduits and pipes in the landfill gas monitoring plan. Monitor utility structures for settlement damage and strengthen or repair as necessary. 3.9 6c+ the pmject applicant ptolimi to 04A& pasilvevenii Public Works Before permit issuance through structure wall$. Protect passive vents and detection and ongoing monitoring systems from rupture by earthquake. Venical pipes travelling through walls shall be isolated from rigid building elements (i.e., double-wall pipes). The passive vents and detection systems shall permit periodic inspections for integrity of the piping systems. Inspection could include video, pressure, and visual checks. 3.8-7: landfill gas could accumulate in enclosed building spaces and 3.8-7a: The project applicant has proposed to provide positive Public Works Before permit issuance pose a threat of explosion or asphyxiation. vents atiou for utility closets: besign building ventilation systems to exceed minimum capacities, and include positive ventilation for all rooms and enclosed spaces regardless of their functions. Building ventilation could be triggered by gas sensors. Include gas sensors in building ventilation systems. 3.8-7b: Include alarms in all buildings. Alarms could include gas Public Works Before permit issuance sensors in every confined space. Alarms could also include silent responses to one detection level with an audible response at a higher level that is still below life threatening levels. 3.8-7c: Prepare an operations and emergency plan to protect the Public Works Before permit issuance health and safety of workers and the public throughout the lifetime of the project and submit this plan to the Marin County Department of Health and Human Services and the Cal -EPA Department of Toxic Substances Control. 1001 I OCB.SPO Impacts 3.8-8: Landfill gas could migrate through utility corridors and pose a 3-8 8a- threat of explosion or asphyxiation - 3.8 8b: 3.8-9: Landfill gas could migrate through surface water drainage 3-8-9: facilities that attract animals or humans. 3.8-10: Passive vent and gas detection systems in structure walls could 3.8 -10 - expose the public to condensate. 3.8-11: Operating equipment could rupture the passive vent or detection 3.8-11 systems and release landfill gas or allow condensate to enter buildings. 3.8-12: Mechanical facilities on building roofs could provide a spark or 3.8-12: heat source that could ignite landfill gas emitted from passive vents. 100110CB.SFO Table 1-1 Impacts and Mitigation Summary Page 35 of 40 Mitigation Agency Responsible ^Implementation Timtng Conditlon Number Compliance Date The project applicant devaksparcurrently monitors Public Works Before permit issuance subsurface structures at the site. Continue to monitor all and ongoing monitoring subsurface monitoring structures at the project site. Submit a maintenance plan for sealed utility structures to prevent landfill gas migration to the City of San Rafael Public Works Department and Marin County Department of Health and Human Services. The project applicant proposes to design utilities to enter Public Works buildings after surfacing and include a vapor barrier at structure penematlon. FR gal OR Construct a fence around surface water drainage discharge Public Works paints where landfill gas could accidentally be released to prevent potential contact of landfill gas with humans or animals. Periodically inspect and maintain the fence. The project applicant proposes that ppassive vents and Public Works/Marin detection systems shalt not collect condensate. However, ilf County Department of condensate collection is unavoidable, public access to collet- Health and Human tion points shall be restricted, and collection and disposal Services methods shall be submitted for review to the Marin County Department of Health and Human Services-- - Oat&-wW Protect passive vents and detection systems from rupture by Public Works operating equipment. If vents travel through walls, reinforce walls with steel plating or similar material. If vents arc not encased, reinforce or protect them with steel poles or similar material. The project applicant proposes that machinery and egtuptrtirm Public works that generate sparks and Elatuet be located appropriately, and outside the allucWm, where possible. Separate passive vent and detection system emission locations from all ignition sources. Adequate distance shall provide for dilution of landfill gas with a minimum of 55 percent methane down to below 5 percent. Before permit issuance During construction Ongoing monitoring Before permit issuance and during construction Before permit Issuance and during construction Impacts 3.8-13: The proposed primarylsecondary detection system includes 3-8 13� materials that may not provide the best seal. 3.8-14: Leaks in the primary detection system could cause gas and 3.8.14 condensate to accumulate in the secondary detection system adjacent to occupied space. 3.8-15: The secondary and primary detection system pipes could conflict 3.8 -15 - with other building features and contribute to condensate production. 3.8-16: Wind powered turbines could draw landfill gas into the primary 3.8.16: and secondary detection systems. 3.8-17: landfill gas emissions could be highly odorous. 3.8-17: Table 1-1 Impacts and htiligalion Summary Mitigation Agency Responsible The pmjectapplicanthas propasedpassivevents and Public Works primary and secondary detection zones to prevent len O gas migration. Construct passive vent and detection zones with similar materials to provide a secure seal against landfill gas infiltration at the joints between the horizontal flexible membrane and vertical pipes. Design the secondary detection system to provide positive Public Works pressure to the zone immediately beneath the foundation. Positive pressure will prevent gas migration into the secondary zone, reducing the potential for gas and con- densate accumulation. Implement Mitigation Measure 3.8-11 Prohibit installation of devices (e.g., chimney caps or similar Public Works fixtures) that produce a vacuum on the primary and secondary detection systems. Implement Mitigations Measures 3.8-1 through 3.8-16 to reduce the potential for odors from a release or migration of landfill gas during project construction and operations. Implementation Timing Condition Number Before permit issuance and during construction Before permit issuance Before permit issuance 3.8-18: Potential contamination of Mile sutfaro sails: 3.8-18: No mitigation is.mquised. Home Depot 3.8-1918: The human health and safety and landfill gas impacts associated Implement Mitigation Measures 3.8-1 thmugh 3.8-17. with Home Depot would be similar to those described for 13.8-1918: 1 1 1 Shoreline Center. PUBLIC SERVICES Shoreline Center Hasler Plan Significant Impacts 3.9-1! Potential release of landfill gas during construction and 3.9 1: All utilities will be placed in clean fill corridors. Utilities Public Works Before permit issuance installation of utility lines and other subsurface infrastructure. requiring deeper embedment than three feet will require veri- and during construction fication of cap thickness. In accordance with 14 CCR 17796(d)(5), utilities will not be installed in or below the barrier layer of the final cover. If eitcavationlnto ft waste is unavoidable. obtain wtilkn pennlWmn from the appropriate and responsible landfill el mit agwici. 100110CB.SFt7 Page 36 of 40 Compliance Date Impacts 3.9-23: Need for installation of water service infrastructure. 3.9-34: Need for installation of wastewater infrastructure 3.945: Need for installation of storm drainage facilities. 3.9-56: Need for installation of communications facilities. Table 1-1 Before permit issuance Impacts and rliligation Summary Mitigation Agency Responsible Implementation Timing Condition Number 3.9-27: The project applicant will be responsible for constructing Public Works/Marin Before permit issuance water service infrastructure improvements consistent with Municipal Water District MMWD's requirements. Water system design plans will be submitted concurrently with the building permit application. The project sponsor will rtlocate, extend, or remove the existing water main an the site- In addition, implement Mitigation Measure 3.9-1. 3.9-34: The pmject applicant will provide onsite sewer collection Public Works/San Rafael Before permit issuance lines that will connect into existing sanitary sewer facilities Sanitation District 3.945: 3.9-56: 3.941: Increased levels of service for City maintenance of onsite 3.9-1: infrastructure because of ground settlement in the project area. in the project area. In addition, implement Mitigation Measure 3.9-1. Tie project applicant will implement a drainage control plan Public Works Before permit issuance for the site. This plan will identify all onsite facilities required to adequately handle surface runoff and should be submitted to the City's Public Works Department before issuance of a building permit. The City has specifications for storm drainage design and erosion control that will be incorporated into the projects. In addition, implement Mitigation Measure 3.9-1. See Section 3.3, Hydrology, Grading and Drainage, for specific storm drainage mitigation and Section 3.8, Human Health and Safety and landfill Gas, for a complete discussion on specific mitigations to prevent landfill gas release during installation of infrastructure. Implement Mitigation Measure 3.9-1. See Section 3.3, Public Works Before permit issuance Hydrology, Grading, and Drainage, and Section 3.8, Human and during construction Health and Safety and Landfill Gas, for a complete discussion on specific mitigations to prevent landfill gas release during installation of infrastructure. To reduce the need for maintenance service by the City Public Works Before permit issuance Public Works Department, the project will be designed to and during construction prevent significant settlement in the project area. Trees and landscaping will be placed on the project applicant's property and not the City righsof-way to eliminate landscape maintenance by the City. 3.9-78: Increased demand for police protection. 3.9-78: Implement the following City of San Rafael General Plan Planning Department/ Before permit issuance policy before issuance of a building permit: 'No. S-23: Police Department Safety Review of Development Projects Crime prevention techniques shall be required in new development. Police department personnel shall review development applications to ensure that landscaping, lighting, and building siting and design reduce the opportunity for crime hazards.' Page 37 or 40 Compliance Date Table 1-1 Impacts and Mitigation Summary Page 3Q of 401 Impacts I Mitigation l Agenc-v Responsible I Implementation Tuning I Condition Number I Compliance Date , Less--than-Significant Impacts 3 9 92: Inadequate water supply to meet project demands. 3.9$1: The project applicant will obtain discretionary approvals Public Works/Planning Before permit issuance from the City to receive watenand wW he plased on the Department/Marin Municipal Water District available, As a water conservation measure, only 20 percent of the site will remain open to landscaping which will consist of indigenous draught -tolerant vegetation consistent with requirements of the landfill closure plan to reduce irrigation water demands. In addition, flowmeters will be placed at the point of entry into the site to monitor leakage in underground water pipes. 3.9-9: Potential access conflicts between Shoreline Center and adjacent 3.9-9: No mitigation is required. Past San Rafael Shoreline Park. 3.9-10: Increased generation of wastewater. 3.9-10: 3.9-11: Increased generation of solid waste. 3.9-11: Nome Depot Significant Impacts 3.9-12: Alled+sa 3.9.12: significant impacts on public services for Home Depot would be identical to Impacts 3.9-1 ^-a�..d-;9^'^' through 3.9-78 identified for Shoreline Center. Less -Than -Significant Impacts No mitigation is required. No mitigation is required. Implement Mitigation Measures 3.9-1 through 3.9-79. 3.9.13: Inadequate water supply to meet project demands. 3.9.13: Implement Mitigation Measure 3.9-9. 3.9-1411- Increased generation of wastewater. All other less -than- 3.9 1411 No mitigation is required, significant impacts on public services for Home Depot would be identical to Impacts 3.9-9 through 3.9-11 identified for the Shoreline Center Master Plan. 100110CB.SFO Impacts AESTI IETICS Significant Impacts ,Shoreline Center Master Plan 3.10-1 Development of Shoreline Center would degrade the visual quality of views to and through the project site from both on and offsite locations. Table 1-1 Impacts and Mitigation Stuttmary Page 31 of 40 Mitigation I Agency Responsible I Implementation Timing I Condition Number I Compliance Date 3-10 la: Implement architectural and landscape guidelines prescribed Planning Department Before permit issuance in the proposed Shoreline Center Master Plan, as well as mitigation measures identified in Section 3.5 (Biological Resources) regarding enhancement of the proposed perimeter landscape buffers consistent with landfill closure plan requirements to minimize the visual effect of the proposed development. In order to ensure aesthetic compatibility between the proposed identification sign and surrounding environment, the sign shall be designed in accordance with Design Review Board recommendations. 3.10 -Ib: To reduce the visual dominance of new development on Planning Department Before permit issuance Parcel 6 from East San Rafael Shoreline Park, investigate the visual impact of placing future buildings 2 stories of less further than 25 feet from the property line adjacent to the park and buildings higher thato 2 stories further data 50 feet from the Property tine. !"As adjacent to iiiwjwk, The exact placement of these buildings shall be determined by the designer/architect of future Parcel 6 development(s). Prepare alternative site designs that take into consideration views from future park users at the top and bottom of the slope adjacent to the eastern perimeter of the project site. Submit these designs to the City's Design Review Boast so that the City can help select the least visually obtrusive designs for the project site. 3.10-1c: Based on this EIR analysis, the final location of the two view Planning Department Before permit issuance corridors on Parcel 6 shall be considered and decided through the City design review process. Consider views from future park users at the top slope adjacent to the eastern perimeter of the project site when locating these view corridors. 3.10-1d: Require that plantings in the perimeter landscape buffer adja Planning Department Before permit issuance cent to Fast San Rafael Shoreline Park are not located within or obstruct views through the two view corridors designed for Parcel 6. 100110CB-SFO Table 1-1 Impacts and Mitigation Summary Page 40 of 40 Impacts Mitigation Agency Responsible Implementation Timing Condition Number Compliance Dale 3.10-1e: Require that future development an Parcel 6 stake potential Planning Department Before permit issuance development and/or prepare photo montages illustrating the aesthetic effect of new buildings from both the top and bottom of the slope adjacent to the eastern perimeter of the project site at Fast San Rafael Shoreline Park. Less-Tion-Signif icanl Impacts 3.10.2: Development of Shoreline Center would be consistent with City 2: No mitigation is required. 13.10 design policies. 1 I I 1 /lame Depot - - Significant Impacts 3.10.3: Degradation of views to and through Home Depot project site 3.10-3: implementation of Mitigation Measure 3.10-1a for the from both on- and offsite locations. Proposed Shoreline Center Master Plan and Mitigation Measure 3.5-2 (see Section 3.5. Biological Resources) would mitigate potential aesthetic impacts from development of Home Depot. Less -Than -Significant Impacts 3.10-4: Home Depot would be consistent with local City design policies. 13.10-4: No mitigation is required. 100110CB-SFO NOTE: SOME OF THE MITIGATION MEASURES REFERRED TO IN THE ATTACHED MATRIX HAVE BEEN OR WILL BE MODIFIED WHEN ADOPTED BY THE CITY, OR ALTERNATIVE MITIGATION MEASURES ADOPTED IN THEIR PLACE, AND IT IS INTENDED THAT, WHERE A MITIGATION MEASURE IS MODIFIED OR AN ALTERNATIVE MITIGATION MEASURE IS ADOPTED IN PLACE OF A STATED MITIGATION MEASURE, RESPONSIBILITY FOR MONITORING AND REPORTING FOR SUCH MODI- FIED OR ALTERNATIVE MEASURE SHALL BE THE SAME AS FOR THE CORRESPONDING MITIGA- TION MEASURE LISTED IN THE MATRIX. 1W4101111-TWIC STATEMENT OF FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS REGARDING THE ZONE CHANGE AND MASTER PLAN. FOR A 42+ ACRE BUSINESS PARK (SHORELINE CENTER). INCLUDING AN APPROXIMATELY 102.190 SQUARE FOOT BULK RETAIL BUILDING WITH A GARDEN CENTER (HOME DEPOT) This Statement of Findings and Statement of Overriding Considerations Regarding the Zone Change and Master Plan for the 42+ acre Shoreline Center Business Park, including Home Depot, sets forth the findings of the City Council of the City of San Rafael relating to the potential significant environmental effects of the proposed zone change and master plan and implementing actions ("Project Approvals"). Wherever the word "project" is used below in this Statement, it refers to the Project Approvals. I. PLANNING AND ENVIRONMENTAL FRAMEWORK AND PROCESS. The proposed project was recommended for priority status based upon a competition pursuant to the City's Priority Projects Procedure established to implement General Plan Policy C-3 Timing of Development of Transportation Improvements, Policy C-7 Proiects in a Circulation Impacted Area, and Program C -B Proiect Approval Procedure in Traffic Impacted Areas. In general, the Priority Projects Procedure was established to provide a system for the City Council to select among various alternative projects (within a circulation impacted area) to determine which project ranked highest based on the criteria established pursuant to the General Plan. The Priority Projects Procedure was necessary because only a limited number of projects within a given circulation impacted area can be built unless and until major roadway improvements are constructed. Within the Bellam Interchange area (the circulation impacted area within which the project is located), the City Council concluded that the proposed project qualified for priority on the basis of its high tax generating use. Accordingly, in May 1991 the City Council, pursuant to Resolution No. 8396 selected the proposed Home Depot project as a priority project in the Bellam Interchange area, because it achieves the Priority Projects' goals and obligations of the City, based on its high tax generation use and improved access to the Shoreline Park. The foregoing Priority Projects Procedure, including the selection of the proposed Home Depot project pursuant to that procedure, shall be referred to herein as the "Priority Project Procedure." -1- Thereafter, applications were filed with the City of San Rafael by the owner of the Shoreline Center Business Park for a master plan for development of Shoreline Center, a 42 + acre business park, and development of a 102,190 square feet Home Depot with an Outdoor Garden Center with 22,200 square feet on approximately 11 acres of the Shoreline Center. The owner also applied for a zoning change from PD (Planned Development) and LI/O (Light Industrial/Office) to a new PD zone for the entire site with new development standards (Z90-5), a tentative map for a 6 -lot subdivision (TS91-5), a Use Permit for development in the PD zone (UP91-36), a Development Agreement (DA92-1), and an Environmental and Design Review Permit for the Home Depot portion of the project (ED91-99). An Initial Study pursuant to the California Environmental Quality Act (CEQA) was prepared by CH2M HILL, under contract to the City, which showed that the proposed Shoreline Center/Home Depot project might produce significant environmental effects and that an EIR would be required for the project. The process followed by the City to comply with the California Environmental Quality Act is described in Resolution No. , a "Resolution of the City Council of the City of San Rafael Certifying the Final Environmental Impact Report for the Shoreline Center, a 42 + Acre Business Park, Including Home Depot, Located at 1615 East Francisco Boulevard" ("FEIR Certification"). In addition to the requirement of CEQA and the Guidelines concerning FEIR Certification, CEQA and the Guidelines provide that in connection with approving or carrying out of a project for which a FEIR has been completed, that certain findings be made. This Statement sets forth the City Council's findings relating to the potential significant environmental effects of the Project Approvals and all actions undertaken to implement the Project Approvals. The findings are organized to follow the headings used in the FEIR. Unless otherwise indicated in this Statement, each mitigation measure identified in the FEIR has been incorporated into and made a requirement of the Project Approvals. California Public Resources Code Section 21081.6 requires that the City prepare and adopt a mitigation monitoring plan and reporting program for the project on which mitigation measures have been imposed to ensure compliance with, and effectiveness of, the mitigation measures as adopted. The draft Shoreline Center Mitigation Monitoring and Reporting Program ("MMRP") considered by the City Council in connection with the adoption of this Statement is designed to ensure that mitigation measures are implemented in accordance with the specifications and timing set forth within the MMRP. Because the MMRP for the Project Approvals includes detailed mitigation specifications setting forth performance standards and criteria that must be met for the developer to demonstrate that mitigation measures have been completed, the MMRP formed part of the basis for the City's findings that potential -2- impacts are mitigated by the changes or alterations required in or incorporated into the project. II. FINDINGS ON SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE PROJECT AND FACTS IN SUPPORT OF FINDINGS. The "Impacts" described below are those significant impacts described in the FEIR, and the "Mitigation" described below is the mitigation recommended by the FEIR for the corresponding Impact. In most cases, the Project Approvals will require the "Mitigation" recommended by the FEIR. In a few cases, the "Mitigation" recommended by the FEIR was modified or altered in the condition and is designated "Alternate Mitigation." The numbering system for Impacts and Mitigation correspond to the numbering system used for significant impacts and mitigation in the FEIR. In some cases the numbering will not be sequential. For example, the Impact following 3.1-2 is Impact 3.1-7. The reason for this is that the Impacts and associated Mitigation described in these Findings is limited to significant impacts identified in the FEIR as required by CEQA. The impacts which are not listed are those which are less -than -significant. The designation "SC" means that the applicable Impact or Mitigation pertains to the Shoreline Center portion of the project. The designation "HD" means that the applicable Impact or Mitigation pertains to the Home Depot portion of the project. A. PLAN REVIEW. Findings. The EIR evaluated both the Shoreline Center Master Plan and the Home Depot Project for conformance and consistency with applicable goals, objectives, and policies. The FEIR identified potentially significant adverse land use effects of the project and identified mitigation measures for each of these effects. These effects and mitigation measures are listed below. Incorporation into the project of the mitigation measures identified by the FEIR results in changes and alterations in the project which avoid or substantially lessen these significant effects. It is likely that no significant plan review impacts will remain unmitigated. However, to the extent that any plan review impacts would remain unmitigated, such impacts are acceptable due to overriding considerations because expected project benefits outweigh any unavoidable adverse environmental effects as set forth in Section IV of this Statement. Impact 3.1 -1 -SC: Conformance with the City of San Rafael General Plan 2000. Land Use Policy 21 requires building heights not to exceed 3 stories or 36 feet where more varied setbacks and increased landscaping will result. The Shoreline Center Master Plan would allow buildings not to exceed 40 feet. -3- Mitigation 3.1 -1 -SC: Reduce the maximum permitted height for all Shoreline Center buildings from 40 feet to 36 feet in accordance with the City's building height policy. Rationale for Findings: The Shoreline Center Master Plan as revised in response to Mitigation 3.1 -1 -SC conforms to the applicable City policy limiting buildings in this zoning district to 36 feet. Imn_ act 3.1 -2 -SC: Shoreline Center Master Plan does not conform with the City's environmental and design review requirements prescribing a minimum of 20% landscaping in areas zoned light industrial/office. Mitigation 3.1 -2 -SC: Amend the proposed Shoreline Center Master Plan to require a minimum landscape standard of 20% of the project site. Rationale for Findings: The Shoreline Center Master Plan as revised in response to Mitigation 3.1 -2 -SC conforms to the City's environmental and design review requirements prescribing a minimum of 20% landscaping in this zoning district. Impact 3.1-7-1-11): The Home Depot Project does not conform to the City's environmental and design review requirements prescribing a minimum of 20% landscaping in areas zoned light industrial/office. Mitigation 3.1-7-1-11): Review and, if necessary, revise the Home Depot Landscape Concept Plan to ensure that 20% of Parcel One is landscaped. Rationale for Findings: The Shoreline Center Master Plan as revised in response to Mitigation 3.1 -7 -HD conforms to the City's environmental and design review requirements prescribing a minimum of 20% landscaping in this zoning district. B. GEOLOGY. SOILS. AND SEISMICITY. Findings. The FEIR identified potentially significant adverse effects of the project pertaining to geology, soils and seismicity and identified mitigation measures for the impacts. Incorporation into the project of the mitigation measures identified by the FEIR results in changes and alterations in the project which avoid or substantially lessen these significant impacts. In addition, some of the specified impacts and/or changes or alterations identified in mitigation measures are within the responsibility or jurisdiction of a public agency other than the City, and such changes can and should me be adopted by such other agency. It is likely that no significant soils, geology, or seismicity impacts will remain unmitigated. However, to the extent that any soils, geology, or seismicity impacts would remain unmitigated, such impacts are acceptable due to overriding considerations because expected project benefits outweigh any unavoidable adverse environmental effects as set forth in Section IV of this Statement. Imn_ act 3.2 -la -SC: Grading and excavation activities could result in dust and noise during construction, offsite impacts from material transportation or disposal, and penetration of the landfill cap. Mitication 3.2 -la -SC: Develop an erosion and dust control plan as required by the City's Grading Permit and Environmental and Design Review Permit. The Project sponsor or contractor should submit this plan to the City for approval before the issuance of a grading permit by the City. No construction shall penetrate the clay liner without written permission from the appropriate and responsible landfill closure agencies. Incorporate specific recommendations for grading activities from geotechnical reports prepared for future projects at Shoreline Center into their development plans. Mitigation 3.2 -lb -SC: Prior to approval of the Final Subdivision Map, prepare a revised and final grading plan demonstrating that grading activities shall not penetrate the landfill cap or otherwise compromise its integrity. Rationale for Findings: It is standard practice to provide dust and erosion control plans as a condition to commencement of grading activities on the site. Standard practices have developed which significantly reduce dust and erosion. The project site is the former San Quentin Disposal Site ("SQDS"). The SQDS accepted debris from 1968 to 1987 but is no longer in operation. The western portion of the SQDS did not accept debris. SQDS was deemed closed in June 1992 by the California Integrated Waste Management Board ("CIWMB") in accordance with Title 23, California Code of Regulations. The site is subject to conditions of the Waste Discharge Requirements issued by the Regional Water Quality Control Board ("RWQCB") and the Solid Waste Facilities Permit issued by the CIWMB. Activities associated with the former landfill, its closure, and post -closure maintenance are regulated by the CIWMB and their Local Enforcement Agency (Marin County Department of Health and Human Services) and the RWQCB. These agencies are also responsible for reviewing post -closure development to ensure that the public health and environment are protected. These mitigation measures will insure that the landfill cap will not be penetrated by construction activities unless these agencies give written permission. Since these agencies are expert in the maintenance of and construction activities on former landfills, they will be able to assure that the integrity of the landfill cap is maintained. 5-2 Impact 3.2 -2 -SC: Differential settlement of the refuse and underlying Bay mud could adversely affect the landfill cover and proposed structures of the proposed project site. Mitigation 3.1 -2 -SC: Incorporate the specific results, findings, and recommendations regarding settlement from geotechnical reports prepared for future projects at Shoreline Center into the project development plans. All new construction should be structurally supported on pile foundations. However, alternative foundation designs may be reasonable for this site if they can meet all applicable regulatory and technical requirements for construction on a closed landfill to protect public health and safety and the environment. Articulated ramps should be constructed at all building entrances and exits. Foundation piles should have bituminous coating to reduce loading of landfill materials. Rationale for Findincs: Additional geotechnical reports prepared for specific projects will provide the factual basis upon which to select the appropriate foundation type in light of the settlement data and engineering criteria. Specific foundation designs recommended in site and project -specific geotechnical reports for future developments will be incorporated into construction plans to significantly reduce potential impacts associated with differential settlement at the project site. Impact 3.2 -3 -SC: Potential slope instability around the perimeter of the proposed development could adversely affect the landfill cover and proposed structures at the project site. Mitigation 3.2 -3 -SC: If future activities alter existing onsite and adjacent slopes, prepare a subsequent slope stability and deformation analysis and incorporate the results, findings, and recommendations of this analysis into project development plans. Rationale For FindinLys: It is standard practice to perform slope stability analysis where slopes are being altered and/or structures or site improvements are being placed adjacent to slopes. Factors of safety for both static and earthquake conditions will be computed. Stable slope configurations will be incorporated into construction plans to substantially lessen the potential for slope failures to occur. Impact 3.2 -4 -SC: Significant seismic activity could induce slope instability or cause structural damage of buildings or other facilities at the project site. Mitication 3.2 -4 -SC: New construction for the project should conform to the most recent editions of the California Code of Regulations Title 24 (Building Standards), the Uniform Building Code (Seismic Zone 4 Standards), and other M local seismic design and safety standards as appropriate. For example, piles should be designed to resist forces associated with seismic loading. Rationale For Findings: Earthquake -resistance standards are always incorporated in designs in California; this should be considered standard engineering practice. Conformance with applicable State and local seismic standards will significantly reduce potential structural impacts resulting from seismic activities. Impact 3.2 -5 -SC: Potential soil erosion hazards are addressed in Section 3.3-3, Hydrology, Grading, and Drainage. Mitigation 3.2 -5 -SC: Implement Mitigation Measures 3.3-2a through 3.3- 2d in Section 3.3, Hydrology, Grading, and Drainage. Rationale For Findings: See discussion in connection with Mitigation Measures 3.3-2a through 3.3-2d in Section 3.3, Hydrology, Grading, and Drainage. Imp_ act 3.2 -7 -HD: Grading and excavation on Parcel 1 could result in dust and noise during construction, offsite impacts from material transportation or disposal, and penetration of the landfill cap. Mitigation 3.2 -7 -HD: Implement Mitigation 3.2 -la -SC and 3.2 -lb -SC. In addition, implement the following general measures recommended in the Foundation Investigation for Home Depot (Law/Crandall, 1993): To provide support for paving, the existing upper fill soils should be overexcavated and replaced as properly compacted fill. After clearing the site, soils in areas to receive fill and in areas where the required cut is less than 1 foot should be excavated to a depth of 1 foot below the existing grade. After excavating as recommended, the exposed soils should be carefully inspected to verify removal of all unsuitable deposits. Next, the exposed soils should be scarified to a depth of 6 inches, brought to optimum moisture content, and rolled with heavy compaction equipment. After compacting the exposed soils, all required fill should be placed in loose lifts not more than 8 inches in thickness and compacted to at least 90 percent. The moisture content of the onsite soils at the time of compaction should be at or up to about 2 percent above optimum moisture content. The reworking of the upper soils and the compaction of all required fill should be observed and tested. Observation and testing should include: -7- • Observe the clearing and grubbing operations to assure that all unsuitable materials have been properly removed. • Observe the exposed subgrade in areas to receive fill and in areas where excavation has resulted in the desired finished subgrade, observe proofrolling, and delineate areas requiring overexcavation. • Perform visual observation to evaluate the suitability of onsite and import soils for fill and placement; collect and submit soil samples for required or recommended laboratory testing where necessary. • Perform field density and compaction testing to determine the percentage of compaction achieved during fill placement. • Monitor the installation of pile foundations. Rationale For Findings: See discussion concerning Mitigation 3.2 -la -SC and 3.2 -lb -SC. Specific mitigation measures prescribed to reduce impacts attributable to grading and earthwork activities are recommended in the Report of Foundation Investigation for the Proposed Home Depot Retail Store. This report, dated January 18, 1993, was prepared by Law/Crandall, Inc., an independent geotechnical, environmental, and construction materials consultant to Home Depot, and is on file and available for public review as part of the project record at the City of San Rafael Planning Department. The scope and objectives of this study were to recommend appropriate building foundation systems and their design parameters, evaluate the feasibility of site surcharging, and provide recommendations regarding earthwork and grading, retaining wall design, sign pylon design, and paving design for parking and truck access. These recommendations were based on the results of field explorations, laboratory tests, and engineering analyses, and will be incorporated into Home Depot's project plans. Impact 3.2 -8 -HD: Over the next 50 years, it is estimated that Parcel 1 would settle approximately 3 to 3 1/2 feet and could adversely affect the landfill cover and structures such as roads, utilities, and the Home Depot building. Mitigation 3.2 -8 -HD: Implement Mitigation Measure 3.2-2. In addition, implement the following recommendations for structural foundations from the Foundation Investigation for Home Depot (Law/Crandall, 1993): To provide support for building, building floor slab, and the loading dock retaining walls, use driven pilings extending into the underlying firm older Bay mud. Extend prestressed concrete piles through the refuse and soft younger Bay 10 mud and into the underlying firm older Bay mud soils to a depth of at least 145 feet below existing grade. Check the compressive and tensile strength of pile sections to verify structural capacity of the piles. Apply a slip layer compound or equivalent, at least 3/8 inches in thickness, to the top 105 feet of all piles to reduce the effects of boundary loading from the weight of existing soil and debris fill. Piles in groups should be spaced at least 3 feet on centers. At least 10 indicator piles shall be driven onsite prior to foundation construction to evaluate driving resistance and installation procedures. A wave equation pile driveability analysis should be performed on proposed piles. In addition, a detailed pile installation plan shall be developed prior to pile installation. Sign pylons should also be supported on driven pilings; however, this piling does not need to extend into the underlying older Bay mud if settlement of the pylon with the ground surface can be tolerated. The piling for the sign pylon shall not be coated with a slip compound. All exterior slabs and walls should be free floating structures separated from the pile -supported buildings. At all store entrances, design adjacent exterior slabs as ramps hinged to the pile -supported building at one end and supported by footing on the other end. Design the footing supporting hinge slabs relatively rigid to withstand differential settlement that may cause a tripping hazard. The footing's structural capacity should be sufficient to allow the footing to open an unsupported length of at least 40 feet. All utilities that span from on -grade support to the pile -supported building should be designed with loops, slip joints, or expansion links to safely withstand predicted onsite settlements. Utilities should be installed above the clay barrier layer (see Mitigation Measure 3.9 -1 -SC). Rationale For Findings: See discussion concerning Mitigation Measure 3.2 -2 - SC. Specific mitigation measures prescribed to reduce impacts associated with site settlement attributable to the Home Depot project are recommended in the January 1993 Law/Crandall document entitled Report of Foundation Investigation for the Proposed Home Depot Retail Store. These recommendations are the result of independent engineering analyses performed by a separate consultant and will be incorporated into Home Depot's project plans. This report is available for review at the City of San Rafael Planning Department. See the discussion concerning Mitigation Measure 3.2 -7 -HD. Impact 3.2 -9 -HD: Significant seismic activity could induce slope instability or cause structural damage of buildings or other facilities at the project site. 21 Mitigation 3.2 -9 -HD: Implement Mitigation Measure 3.2-4. Rationale For Findings: See discussion regarding Mitigation Measure 3.2 -4 -SC above. Impact 3.2 -10 -HD: Project construction could cause soil erosion. Mitigation 3.2 -10 -HD: Implement Mitigation Measure 3.2-5. Rationale For Findins: See discussion regarding Mitigation Measure 3.2 -5 - SC. C. HYDROLOGY. GRADING. AND DRAINAGE. Findings. The FEIR identified potentially significant adverse effects of the project pertaining to hydrology, grading, and drainage and identified mitigation measures for the impacts. Incorporation into the project of the mitigation measures identified by the FEIR results in changes and alterations in the project which avoid or substantially lessen these significant impacts. In addition, some of the specified impacts and/or changes or alterations identified in mitigation measures are within the responsibility or jurisdiction of a public agency other than the City, and such changes can and should be adopted by such other agency. It is likely that no significant hydrology, grading or drainage impacts will remain unmitigated. However, to the extent that any hydrology, grading, or drainage impacts would remain unmitigated, such impacts are acceptable due to overriding considerations because expected project benefits outweigh any unavoidable adverse environmental effects as set forth in Section IV of this Statement. Impact 3.3 -1 -SC: Larger onsite surface water runoff volumes and higher peak flows. Mitigation 3.3 -la -SC: Approval of future Phase 2 development at Shoreline Center shall be contingent upon the successful completion of proposed maintenance excavation activities at the City stormwater pond. If pond maintenance is not complete at the time Shoreline Center starts to develop, future projects shall be approved in phases once it can be demonstrated that there is adequate capacity in the City's pond to accommodate projected stormwater flows. Mitigation 3.3 -lb -SC: Construct swales and landscape upper areas at the perimeter of the project. Install tile underdrains or other acceptable devices beneath irrigated areas in the landscape buffers to ensure adequate drainage. Design swales to connect existing catchbasins. -10- Mitigation 3.3 -lc -SC: Provide an engineer -designed storm drainage system for Shoreline Center and the associated parking lots. This system will discharge to the retention pond, the drainage channel adjacent to Parcels 1 and 3 leading to the City pond, and San Rafael Bay. Check all outfall pipes for available capacity to convey 100 -year storm design flows. If it is necessary to increase outfall capacity, either replace an existing outfall with a larger size or install any new outfall pipes adjacent to existing outfalls in order to take advantage of existing outfall protection and to minimize the new areas of disturbance in the retention pond on the Canalways marsh. Apply for necessary permits, including, but not necessarily limited to, an Army Corps of Engineers Nationwide Permit. Rationale for Findings: There is probably existing capacity in the City stormwater retention pond which could be used to hold increased stormwater runoff from the Shoreline Center Project. However, since the exact existing capacity for any given storm event is not known, the calculations in the EIR assume that the pond would be at full capacity and that incremental increased runoff directed to the pond would overtop the pond levees and flow into the adjacent marsh. These "worst-case scenario" computations show that the increased water levels in the marsh attributable to increased Shoreline Center stormwater runoff from Phase 1 (Home Depot) is between 0.2 inches in a 10 -year storm to 0.3 inches in a 100 -year storm. These incremental increases in runoff are insignificant compared to the current volume of stormwater which would flow into the marsh under these storm events even without construction of Phase 1 of the project. Accordingly, Phase 1 may proceed without any restoration of pond capacity. Mitigation Measure 3.3 -la -SC will allow a phase to develop only when it can be demonstrated that any further increase in incremental stormwater runoff would not exceed the "worst-case scenario" either because more precise calculations demonstrate that there is existing capacity within the pond or that the pond's capacity has been restored sufficiently to accommodate incremental increased flows or that any further incremental increased flows would be insignificant. Construction of the swales will limit infiltration of rainwater into the landfill. Installation of drainage facilities beneath the irrigated areas will have the same effect with respect to irrigation water. The design requirements should be considered standard engineering practice to collect and channel stormwater runoff to the designated discharge points. The requirement to check and, if necessary, increase outfall capacity should also be considered standard engineering practice so that the drainage system will work as designed. Impact 3.3 -2 -SC: Increased potential for soils erosion and decrease in surface runoff water quality during construction. -11- Mitigation 3.3 -2a -SC: Cover graded areas with mulch and revegetate as soon as feasible after grading has been completed. Complete grading and revegetation during the dry season May through October) or upon approval by the City Engineer. Beep construction as far away from the edges of the site as possible. MitiLration 3.3 -2b -SC: Apply for applicable grading permits from the City of San Rafael. Mitieation 3.3 -2c -SC: During site grading, utilize erosion and sediment control measures to prevent sediment loading to the surrounding surface waters according to City Standards. MitiL-ation 3.3 -2d -SC: Apply for a Notice of Intent to be covered under the State of California National Pollutant Discharge Elimination System (NPDES) general permit for construction. Rationale for Findings: The above measures should be considered standard engineering practice and will prevent water quality degradation by trapping silt which is eroded from newly graded areas. These measures have proven successful in reducing or eliminating effects to water quality due to sediment and erosion brought on by development during the construction phase. Mitigation Measure 3.3 -2a -SC would minimize erosion at the project site because it precludes construction during the rainy season when the potential for erosion is greatest. Mitigation Measure 3.3 -2b - SC, involving revegetation after grading is complete, would further reduce sedimentation by trapping silt with a layer of vegetative cover before these sediments can be transported offsite by surface water. Mitigation Measure 3.3 -2c -SC would ensure that the project complies with all terms and conditions of the City of San Rafael's requirements for grading activities as required by their grading permits. Compliance with City standards for implementing erosion and sediment control measures (Mitigation Measure 3.3 -2c -SC) would further help to reduce potential water quality degradation due to erosion and sedimentation. These measures, including use of barriers or sedimentation basins during construction and frequent site inspections to ensure proper implementation, are considered standard engineering practice. Mitigation Measure 3.3 -2d -SC, involving application for a Notice of Intent as part of the NPDES general permit for construction, is required of all projects in the State of California larger than five acres in size. Impact 3.3 -3 -SC: Increased loading of pollutants to surface runoff and degradation of water quality after construction. Mitigation 3.3 -3a -SC: Construct small oil and grease separators in parking lot areas to collect petroleum compounds, grease, and other potentially contaminated -12- sediments before stormwater is discharged offsite. Because the majority of pollutants found in urban runoff are the product of only the first flush of precipitation (generally defined as the first 30 minutes of runoff), design the on and grease separators to accommodate the six-month storm event. Once storm flows exceed the six-month design flow, they will bypass the oil and grease separators. Maintain oil and grease separators by implementing a monthly monitoring program to determine when accumulated sediments shall be removed for disposal at an appropriate disposal site. Mitigation 3.3 -3b -SC: As part of the requirements of the NPDES general permit for construction, implement a Stormwater Pollution Prevention Plan to control accidental leaks or spills of materials that may contain urban pollutants that could enter the stormdrain system. Recommended measures include regularly sweeping parking lots, covering loading docks, and implementing an employee education program. The RWQCD is responsible for monitoring and enforcing this plan. Rationale for Findings: Because petroleum products are lighter than water, traps can be designed to capture these pollutants and hold them until they can be collected or removed from the site. The majority of pollutants found in the urban runoff are the product of only the first 30 minutes of runoff, so oil and grease separators can be designed to accommodate the six-month storm event. After this first 30 minutes of runoff, excess storm runoff will bypass the separators. Additional measures required by the NPDES permit requirements would further ensure that the project will have insignificant long-term degradation effects on water quality. Impact 3.3 -5 -HD: The diameter of the drainage pipe receiving flows from a 15 - inch pipe for Home Depot is only 12 inches. Mitigation 3.3 -5 -HD: Replace existing 12 -inch stormwater pipe with a 15 - inch or larger diameter pipe. Throughout the drainage system design, it is recommended that downstream system pipe diameters not decrease. Rationale for Findings: Increasing downstream pipe size to meet design criteria will ensure that the stormwater runoff from the Home Depot site will be accommodated and directed as intended. D. WATER OUALITY IMPACTS. Findings. The FEIR identified potentially significant adverse effects of the project pertaining to water quality and identified mitigation measures for the impacts. Incorporation into the project of the mitigation measures identified by the FEIR results in changes and alterations in the project which avoid or substantially lessen these significant impacts. In addition, some of the specified impacts and/or changes or -13- alterations identified in mitigation measures are within the responsibility or jurisdiction of a public agency other than the City, and such changes can and should be adopted by such other agency. It is likely that no significant water quality impacts will remain unmitigated. However, to the extent that any water quality impacts would remain unmitigated, such impacts are acceptable due to overriding considerations because expected project benefits outweigh any unavoidable adverse environmental effects as set forth in Section IV of this Statement. Impact 3.4 -1 -SC: Project development could provide a pathway for groundwater or leachate migration and increase the rate of leachate generation that could cause adverse effects on groundwater or surface water quality. Mitigation 3.4 -la -SC: Comply with San Francisco Regional Water Quality Control Board criteria for pile construction on landfills. These criteria are included in Appendix F. Miti_eation 3.4 -lb -SC: Follow recommendations by Brunsing Associates, Inc. (1992) to prevent leakage in underground pipes. The recommendations include using flowmeters to perform regular water balances so that leaks can be detected and repaired. Use indigenous species in landscaping to reduce the demand for applied water. MitiL,ation 3.4 -lc -SC: Any grading and construction on the project site shall require the express written approval of the appropriate regulatory landfill closure agencies pursuant to the Stipulated Order of Compliance and Agreement between the LEA, Cal -Pox, Inc., and SQDS (the permitted operator of the SQDS facility), and any conditions imposed by these agencies. In addition, the project applicant shall comply with all performance standards and regulatory requirements under Title 14, CCR, Article 7.8, Section 17796, Post -Closure Land Use, and the Stipulated Order of Compliance and Agreement to ensure that all post -closure activities will not cause a potential threat to public health and safety and the environment. All future permits and relevant reports and documents submitted to the appropriate landfill closure agencies shall also be filed with the City of San Rafael Planning Department. Rationale for Findings: Development over a closed landfill is not an uncommon occurrence and the RWQCB has developed technical criteria for installing foundation piles or similar structures through and below waste contained in a closed solid waste disposal unit (e.g.: landfill). These criteria are specifically established to preclude adverse water quality impacts that could result from inappropriate or improper pile construction that could provide a pathway for groundwater or leachate -14- migration through the landfill. Recommendations to prevent leaking underground pipes that could contribute to leachate generation will ensure that any leaks are immediately detected and repaired before these leaks could cause adverse effects on groundwater or surface water quality (Brunsing Associates, Inc., letter to A. Millican, CH2M HILL, January 21, 1992). These recommendations include using flow meters at the point of entry onto the site, at all building locations, and at irrigation areas to perform regular water balances so that leaks can be detected and repaired. In addition, landscape areas will use indigenous species which have minimal irrigation water demands. These recommendations will be incorporated into the project plans of future developments at Shoreline Center. Issues related to former landfill operations, its closure, and post -closure maintenance at the SQDS are subject to the requirements of the RWQCB, CIWMB, and LEA and the provisions of a Stipulated Order of Compliance and Agreement (hereafter referred to as Order) entered into between the LEA, Cal -Pox, Inc, and SQDS in August 1992. Compliance with these agencies' applicable regulatory requirements and standards will ensure that the project will not cause a significant adverse effect on groundwater or surface water quality. As prescribed in Mitigation Measure 3.4 -lc -SC, all future permits or relevant reports and documents submitted to the appropriate landfill closure agencies will be filed with the City of San Rafael Planning Department and will become part of the project record. In September 1986, the RWQCB adopted Waste Discharge Requirements (WDRs) Order No. 86-70 which specifies a self-monitoring program to protect surface and groundwater quality from degradation. The specific criteria of WDR No. 86-70 impose requirements for post -closure maintenance to assure that there are no toxic or other harmful substances present in concentrations or quantities which will cause deleterious effects on aquatic biota, wildlife, or water fowl. In addition to the RWQCB's oversight, SQDS is also subject to the regulatory oversight and inspection of the CIWMB. The CIWMB regulates the provisions of Title 23 of the California Code of Regulations (CCR) pertaining to water quality. The CIWMB also exercises independent jurisdiction pursuant to Title 14 of CCR, Article 7.8, to ensure that closed landfills do not create potential hazards to the public health or environment. Lastly, SQDS entered into the Order with the LEA which expressly required SQDS to comply, and SQDS agrees to comply, with all federal, state, and local requirements and enactments. In addition to monitoring and reporting requirements of the RWQCB, SQDS must have review and comment by the LEA prior to construction of post -closure land use improvements. -15- Impact 3.4 -2 -HD: Leachate impacts to water quality associated with development of Home Depot would be similar to those described for Shoreline Center. Miti_eation 3.4 -2 -HD: Implement Mitigation Measures 3.4-1a through 3.4- 1c. Rationale for Findings: See discussion in connection with Mitigation Measures 3.4-1c through 3.4-1c. E. BIOLOGICAL RESOURCES. Findings. The FEIR identified potentially significant adverse effects of the project pertaining to biological resources and identified mitigation measures for the impacts. Incorporation into the project of the mitigation measures identified by the FEIR results in changes and alterations in the project which avoid or substantially lessen these significant impacts. It is likely that no significant biological resources impacts will remain unmitigated. However, to the extent that any biological resources impacts would remain unmitigated, such impacts are acceptable due to overriding considerations because expected project benefits outweigh any unavoidable adverse environmental effects as set forth in Section IV of this Statement. Impact 3.5 -1 -SC: Approximately 42 acres of upland ruderal vegetation will be removed during project site grading and development. Mitigation 3.5 -la -SC: Increase the width of the landscape buffers on Parcels 1 and 6 to cover the area from the building setback across the project site property boundary to the edge of the approximate 20 -foot -wide City -owned property at the toe of the landfill slope. Revegetation should avoid encroachment on the area currently used as a City maintenance road and the existing drainage Swale leading from the City stormwater pond to the outfall line. These efforts will provide a continuation of the landscaping plan proposed in the Park Master Plan for the area adjacent and north of Parcel 6. All revegation efforts shall be prepared and implemented in consultation with and approved by professional consultants specializing in habitat restoration. Before revegation, a qualified wildlife biologist or ecologist should establish the lower limit of revegation to avoid any impact on existing habitat that may be used by special -status species. The lower limit of the revegation zone should be established with steel stakes and flagging. Removal of existing native vegetation shall be avoided. Generally, the upper margin of healthy pickleweed and a 10 - foot buffer shall be used for the lower limit of any landscape improvements. g[1' Revise Section AA (Marsh Edge) on Figure MP -4 showing the Master Plan Site Design Standards to show the revised landscape buffer in order to improve habitat on the City -owned band between the south shore of the Canalways Marsh and the building setback line of Parcels 1 and 6 (see Figure 3.55). Prepare a restoration plan and consider using dense shrub plantings, such as Coyote bush, along the edges of the access road to screen the access road and provide cover for wildlife while moving across the roadway to the marsh or uplands. Successful landscaping of the landfill slope would create an effective buffer zone between the development and the Canalways marsh and provide significant improvement in the value of wildlife habitat. The restored area would become an integral part of the Shoreline Park Master Plan. Submit the restoration plan, including landscape planting and irrigation plans, to the City of San Rafael Planning Department for review and approval. The restoration plan should also be submitted to the U.S. Fish and Wildlife Service for comment because the upper marsh margin and lower landfill slope may provide habitat for the endangered salt marsh harvest mouse and other special -status species. Mitigation 3.5 -lb -SC: Increase the landscape buffer adjacent to Parcels 2 and 3 to extend north onto the 20 -foot -wide City -owned property towards the Canalways Marsh to remove weedy plants and debris and replace these low value areas with native marsh and upland plants in a band that joins the landscaping on Parcels 1 and 6 as described in Mitigation 3.5-1a. Implementation of this mitigation will provide a continuation of landscaping efforts proposed in the Park Master Plan for the area adjacent and north of Parcel 6. Rationale for Findings: The majority of the approximate 42 acres of upland ruderal vegetation that will be removed at the project site due to project implementation has been disturbed by previous landfill activities and is dominated by non-native species. However, development on this site would lead to increased noise, litter, and vehicle and human activity that could disturb wildlife using adjacent sensitive marsh habitats. The Shoreline Center Master Plan, as revised in response to Mitigation Measures 3.5 -la -SC and 3.5 -lb -SC, will provide additional acreage of landscape buffer to ensure that marsh values are maintained or enhanced to effectively mitigate for future development onsite. Unused slopes surrounding the project site provide an opportunity for buffering impacts from the proposed development. The project site is separated from the adjacent Canalways marsh to the north by a strip of land along the lower landfill slope with low degraded habitat value. Without extension of the landscape buffer onto City -owned property adjacent to Parcels 1, 3, and 6, the value of proposed landscaping at the northern property -17- R. boundary would be reduced because of its isolation from the marsh edge. Replacement of non-native species in the new buffer areas with native marsh and upland vegetation would further improve the habitat value of these landscape buffers and therefore increase its effectiveness as a mitigation buffer area between the marsh and development at the project site. The California Department of Fish and Game (CDFG) has reviewed the proposed mitigation for this project and agrees with implementation of the EIR's recommended measures (B. Hunter, Regional Manager, Region 3, CDFG, Letter to S. Delimont, City of San Rafael, July 12, 1993). Imoact 3.5 -2 -SC: The proposed perimeter landscape buffers will not sufficiently screen the buffer and marsh areas from potential adverse impacts to wildlife from headlights, human observation, casual visitors, noise, and other human activities. Mitigation 3.5-2: Revise the proposed Master Plan landscape plans to include perimeter berms in landscape areas between the top of the slopes and building setbacks in areas adjacent to marsh habitat. Vegetated berms would significantly increase the effectiveness of the landscape buffer to reduce impacts on wildlife habitat from headlight glare and security lighting, human observation, casual visitors, noise, and other human activities that may be intrusive on the habitat areas created or preserved. Incorporating berms near the crest of the slope as a mitigation measure would reduce this impact to less -than -significant levels. Areas designated to be screened by berms are shown on Figure 3.5-6 and shall include: • Parcel 3 --on the north side adjacent to Canalways marsh. • Parcel 1 --the northwest and westerly sides adjacent to Canalways marsh. • Parcel 6 --the northwest side along the City outfall line separating the Canalways marsh. • Parcel 6 --the southeast portion of the site nearest the MIVIWD marsh. • Parcel 5 --closest to the MMWD marsh. Landscaped berms approximately 5 feet in elevation above the parking lot elevation or building access elevations shall be used to screen headlights, human activities, random visitor access, and noise from the landscape buffer areas on the perimeter slopes and the upper marsh. Berms constructed will need to comply with geotechnical considerations on placement and load factors. Consider use of lighter mixes with amendments such as sawdust. Berms shall be blended into the landscape plans to further enhance wildlife habitat values in perimeter buffer areas. Compatibility with Shoreline Park visitor access can be maintained by limiting park visitor direct access and viewsheds to the points shown on Figures 19 and 20 of the Enhancement Plan. Figures 3.5-7 illustrates the recommended landscape treatment along the southeastern corner of Parcel 5 adjacent to Shoreline Park and the MMWD pond. Alternate Mitigation 3.5-2: Revise the proposed Master Plan landscape plans to include perimeter berms and/or fences in landscape areas between the top of the slopes and building setbacks in areas adjacent to marsh habitat. Vegetated berms and/or fences would significantly increase the effectiveness of the landscape buffer to reduce impacts on wildlife habitat from headlight glare and security lighting, human observation, casual visitors, noise, and other human activities that may be intrusive on the habitat areas created or preserved. Incorporating berms and/or fences near the crest of the slope as a mitigation measure would reduce this impact to less -than -significant levels. Areas designated to be screened by berms and/or fences are shown on Figure 3.5-6 and shall include: • Parcel 3 --on the north side adjacent to Canalways marsh. • Parcel 1 --the northwest and westerly sides adjacent to Canalways marsh. • Parcel 6 --the northwest side along the City outfall line separating the Canalways marsh. • Parcel 6 --the southeast portion of the site nearest the MMWD marsh. • Parcel 5 --closest to the MMWD marsh. Landscaped berms and/or fences approximately 5 feet in elevation above the parking lot elevation or building access elevations shall be used to screen headlights, human activities, random visitor access, and noise from the landscape buffer areas on the perimeter slopes and the upper marsh. Berms and fences constructed will need to comply with geotechnical considerations on placement and load factors. Consider use of lighter mixes in berms with amendments such as sawdust. Berms shall be blended into the landscape plans to further enhance wildlife habitat values in perimeter buffer areas. Compatibility with Shoreline Park visitor access can be maintained by limiting park visitor direct access and viewsheds to the points shown on Figures 19 and 20 of the Enhancement Plan. Figures 3.5-7 illustrates the recommended landscape treatment along the southeastern corner of Parcel 5 adjacent to Shoreline Park and the MMWD pond. -19- In particular, the following combination of berms and fences will be utilized as buffers along edges of the project site: Parcel 1: Construct a 5 -foot high solid fence along the west side of Parcel 1 approximately 5 to 10 feet in from the top of the bank and plant mature, dense native vegetation along this edge outbound of the fence. Parcel 3: Construct a 5 -foot high solid fence along the northeast edge of Parcel 3 approximately 5 to 10 feet in from the top of the bank and plant mature, dense native vegetation along this edge outbound of the fence. Parcel 5: Construct a 5 -foot high solid fence along the eastern and southeastern side of Parcel 5, adjacent to the MMWD Pond and marsh area, approximately 5 to 10 feet in from the top of the bank and plant mature, dense native vegetation along this edge outbound of the fence. Parcel 6: Erect a vegetated berm along the northwest and northern edges of Parcel 6 adjacent to Canalways marsh to reduce impacts to the marsh. The specific location is to be determined when specific development plans for the parcel are designed so that the exact location will provide adequate screening of vehicle headlights from the wetlands. Construct a 5 -foot high solid fence with mature dense native shrub species along the southeast boundary of Parcel 6 adjacent to the MMWD Pond and marsh. Rationale for Findings: The Shoreline Center Master Plan Landscape Plan, as revised in response to Mitigation 3.5 -2 -SC, will significantly reduce the adverse effects of headlight glare and lighting, noise, and other human activity that may disturb wildlife foraging, nesting areas, and movement corridors in sensitive habitats adjacent to the project site. Inclusion of a fence or vegetated berms along the perimeter of the project site would function as natural screens between development and adjacent natural marsh and open water habitats. In consultation with CDFG, use of berms, or alternatively, fencing and native shrub vegetation, was recommended as appropriate devices for minimizing disturbance to marsh habitats surrounding the project site (B. Hunter, Regional Manager, Region 3, CDFG, Letter to S. Delimont, City of San Rafael, July 12, 1993; Conversations between S. Delimont and L. -20- Patterson, City of San Rafael, and Fred Botti, Associate Wildlife Biologist, CDFG). In particular, CDFG made the following recommendations with respect to buffers along each edge of the project site: Parcel 1: Construct a 5 -foot high solid fence along the west side of Parcel 1 approximately 5 to 10 feet in from the top of the bank and plant mature, dense native vegetation along this edge outbound of the fence. Parcel 3: Construct a 5 -foot high solid fence along the northeast edge of Parcel 3 approximately 5 to 10 feet in from the top of the bank and plant mature, dense native vegetation along this edge outbound of the fence. Parcel 5: Construct a 5 -foot high solid fence along the eastern and southeastern side of Parcel 5, adjacent to the MMWD Pond and marsh area, approximately 5 to 10 feet in from the top of the bank and plant mature, dense native vegetation along this edge outbound of the fence. Parcel 6: Erect a vegetated berm along the northwest and northern edges of Parcel 6 adjacent to Canalways marsh to reduce impacts to the marsh. The specific location is to be determined when specific development plans for the parcel are designed so that the exact location will provide adequate screening of vehicle headlights from the wetlands. Construct a 5 -foot high solid fence with mature dense native shrub species along the southeast boundary of Parcel 6 adjacent to the MMWD Pond and marsh. The "Alternate Mitigation" has been found to be equivalent in value to the "Mitigation" as a buffer to mitigate the stated impact and would eliminate unnecessary and undesirable conflicts with appropriate design and operation of the project. Impact 3.5 -3 -SC: The use of non-native plants in the proposed Planting Concept Plan will not mitigate for the reduction in upland habitat value for wildlife. Mitigation 3.5 -3a -SC: Included in the City of San Rafael's Shoreline Enhancement Plan is a list of Native and Naturalized Plants for Revegation and Landscaping Around South Pond, Bayview Marsh, MMWD Pond and Shoreline -21- Industrial Park "Green" (Planting Program, page 29) (MPA et al., August 1991). The Enhancement Plan plant list provides a comprehensive list of native species suitable for landscaping needs and that provide habitat value for indigenous wildlife. Update and revise the proposed Master Plan and list of plants on the Planting Concept Plan (Figure MP -3 of the Shoreline Center Project Plans) to reflect the list of suitable species as shown on the Enhancement Plan. Establish guidelines for the size and densities of landscape plants that ensure that landscaping will provide habitat values within established timeframes. Revise the landscape plan to reflect the goals of restoring native plant habitat in the perimeter buffer areas. Develop a landscape maintenance plan that provides for wildlife habitat protection and is consistent with the Park Master Plan and Enhancement Plan guidance and the landfill closure requirements. Incorporate the landscape maintenance plan as part of the proposed Master Plan. Develop a species list for use in the accent areas in parking areas and around buildings selected from the Shoreline Enhancement Plan list and specified in the proposed Master Plan. Give priority to use of plants with higher wildlife value for food, cover, and refuge in developing detailed landscape layouts. Suitable plant lists are provided in the Park Master Plan and Enhancement Plans. Use of extensive shrub cover along the perimeter slopes and near the maintenance access road to enhance screening of marsh areas should be a goal of the landscape plan. Selection and use of shrubs, such as gum plant (Grindelia sp.) and mule fat (Baccharis viminea), would enhance cover and screening along the marsh margin, while placement of trees, such as Bishop pine or Monterey cypress, along the crest and base of the perimeter slopes would enhance screening and provide isolation of marsh areas. Mitigation 3.5 -3b -SC: Develop a landscape irrigation plan that meets the objectives identified in the Enhancement Plan, meets MMWD goals for conservation and reuse, and is practical for use with the species mix proposed in the Enhancement Plan (MPA 1989, NEW" Board Policy No. 2). Reclaimed water should be considered for landscaped areas and the Shoreline Center planning should be coordinated with the Enhancement Plan improvements. The project area has been identified as a potential reuse area because of the close proximity of the Central Marin Sanitation Agency (CMSA) main treatment plant. Reclaimed water could be available for use at this site in the future. However, several factors may preclude reclaimed water availability in the near future: budget constraints at CMSA and MMWD and the City of San Rafael, high salinity levels (up to 2,000 mg/1 chloride) in the CMSA effluent that are due -22- in part to infiltration in the sewer system, and the salt tolerance levels of landscape plants. Nevertheless, in accordance with the MMWD policy, new developments should include specific features that would allow connection to a reclaimed water system at any point in the future. The specification of Section 12b --Landscape Design of the proposed Shoreline Center Master Plan shall be revised to include the irrigation system guidelines established by NEVIWD for use of reclaimed water, such as use of purple pipe, separate metering, and piping connections. Rationale for Findings: Exotic non-native species currently proposed in the project's Planting Concept Plan would not provide comparable habitat values to mitigate for loss of wildlife that currently use the upland ruderal habitat at the project site, including birds, raptors, and small mammals. Use of native species in landscaping areas will provide more effective habitat value for wildlife compared to non-native plants currently proposed in the project's Planting Concept Plan. Development of a landscape irrigation plan will ensure the sustenance of selected native species. The Planting Plan is only conceptual in nature and will be revised to incorporate the species list developed to reflect the list of suitable species shown in San Rafael's Shoreline Enhancement Plan. Impact 3.5 -4 -SC: The habitat value of the perimeter landscape buffer would be degraded if all of the non-native weedy vegetation is not removed. Mitigation 3.5 -4 -SC: Eradicate non-native plants from all areas adjacent to marsh and upland habitat created in the landscaped buffer around the project site. Eradication shall occur in the spring for a period of three to five years. Coordinate removal plans with implementation of the Enhancement Plan and Shoreline Park Master Plan. The removal process shall not include herbicide spraying. Before surcharged fill is placed on the project site, graders shall remove all onsite vegetation. As surcharged fill is removed or relocated, the cleaned area will be seeded with the native grass mixture recommended in the Shoreline Park Master Plan to provide a vegetation cover and serve to control erosion if buildout is delayed more than three to six months. Rationale for FindinLys: Removal of non-native plants from the project site will ensure that these species do not re -colonize onsite or provide a seed source for additional non -natives that could degrade the value of the perimeter landscape buffer. -23- Further, the City of San Rafael's Shoreline Enhancement Plan includes a list of native plants appropriate for use in the upland habitat area. Using plants on this list will result in landscaping that provides habitat value for indigenous wildlife. Impact 3.5 -5 -SC: Lack of coordination between the Shoreline Center Master Plan, Shoreline Enhancement Plan, and Shoreline Park Master Plan could have the following impacts: • If the City's Enhancement Plan improvements do not occur simultaneously with the landscaping of the perimeter buffer, a band of weedy, invasive ruderal vegetation will remain around the perimeter of Parcel 6. • Weeds could invade the proposed native plant landscaping and marsh areas and require control measures, including the use of herbicide controls. • A weedy zone will interrupt the transition between upland habitat created in the perimeter buffer and the levee and MMWD marsh, decreasing the benefits to be gained by the buffer revegation efforts. • The weedy zone will provide a refuge for undesirable wildlife and contribute to prolonged impacts on marsh habitat. • The weedy zone between perimeter landscape areas and marsh areas could become an attractant for disposal of refuse and litter as visitor access to the Shoreline Center site increases. Mitigation 3.5 -5 -SC: Buildout of the Shoreline Center site will require landscaping in perimeter areas along the slopes of the landfill cap. Coordination between the Shoreline Enhancement Plan, the proposed Shoreline Park Master Plan, and the Shoreline Center Master Plan during implementation of these plans will be essential in establishing native plant vegetation, habitat restoration or creation, protection of valuable wildlife habitat, and the development of maintenance practices that have potential benefits for wildlife. -24- The proposed Master Plan should be revised to include a landscaping plan that is fully compatible with the Enhancement Plan and Shoreline Park Master Plan and the landfill closure requirements. The proposed Master Plan shall be revised to have the following requirements: • Landscape planning shall be coordinated with the Shoreline Enhancement Plan improvements during each phase of the proposed Master Plan buildout period. • The proposed Master Plan should be updated, yearly at a minimum, to reflect the status of the Enhancement Plan during the interim period to conclusion of project buildout. The City of San Rafael's efforts to complete the Park Master Plan and Enhancement Plan should be incorporated into the proposed Shoreline Center's Master Plan to ensure that all plans are complementary and compatible. • California native plants with upland habitat values shall be used in landscaping all perimeter areas upslope of marsh habitat. Upland vegetation shall be established in zones that blend with natural plant communities and are compatible with the Enhancement Plan objectives. Rationale for Findings: The Shoreline Center Master Plan Landscape Plan, as revised pursuant to Mitigation Measure 3.5 -5 -SC, will ensure that all future landscaping efforts along the perimeter of the project site will be undertaken in coordination with the City's other planning efforts and will protect the habitat value of marsh areas from invasion by non-native weedy species. Impact 3.5 -6 -SC: Increase in general light levels within the project area will degrade the habitat quality of adjacent marsh areas and could potentially cause a loss in habitat availability for sensitive species. Mitigation 3.5 -6 -SC: Revise the Lighting Master Plan for Development of Shoreline Center to reflect more specific guidance on perimeter and other light sources. Existing guidance in the Lighting Master Plan provides that perimeter lights should not be located in marsh areas and that cutoff fixtures should be used. Additional requirements shall be added to include: • Restrict light levels in marsh areas beyond the property line to current ambient conditions to the extent feasible using landscape vegetation and downlight fixtures. No increase in ambient light -25- levels in the marsh and adjacent habitat should be allowed beyond the parking lot perimeter and setback. • A lighting survey of marsh areas along the property line shall be conducted along the property lines of Parcels 1, 39 5, and 6 adjacent to marsh and open water habitats and the results of the survey mapped for future reference in the Lighting Master Plan. • Proposed new developments shall demonstrate that additional perimeter lighting will not exceed measured ambient levels. Reflected glare, surface reflectivity, and other indirect sources of light shall be considered in evaluating light levels of proposed building or development uses. • New perimeter lighting shall not intrude in marsh habitat. If possible, perimeter lighting should be reduced to minimal levels essential for security and safety reasons in all perimeter areas adjacent to marsh habitat. • Downlight fixtures and cutoff pole fixtures shall be used in all perimeter areas to minimize lighting impacts on wildlife. Rationale for Findings: Use of downlight fixtures and cutoff pole fixtures, as well as landscape vegetation as part of perimeter berms or adjacent to fencing, will effectively decrease the effect of stationary parking lot and building lighting, as well as automobile headlights, in adjacent marsh areas. These measures will maintain lighting at the perimeter of the site and beyond the property line at existing ambient levels. Maintenance of existing offsite ambient light levels will ensure that new development does not cause avoidance of natural offsite habitats by nocturnal animals and/or increase predation on resident species in these habitats. Impact 3.5 -7 -SC: Pollutant and sediment loads from discharged stormwater could potentially affect adjacent receiving waters, including the Canalways marsh, City retention pond, and MMWD pond, and could harm benthic invertebrates, fish, and a wide variety of water fowl, shorebirds, and other wildlife that utilize the ponds and near shore mudflats. Mitigation 3.5 -7 -SC: Implement Mitigation Measures 3.3-2a through 3.3- 2d and Mitigation Measures 3.3-3a and 3b. The following actions should also be implemented by Shoreline Center developers in concert with the City of San Rafael to further reduce the potential for impact on marsh and nearshore habitats and the diverse biological communities they support: -26- The proposed Master Plan should be amended to include a detailed, site-specific Best Management Practices (BMP's) section to avoid, reduce, and control stormwater loadings from proposed developments. Elements in the BMP program shall be based on the RWQCB's nonpoint source control program. The results obtained from the Santa Clara and Alameda County programs for similar watersheds and land uses mixes and the Marin County program should be used to establish site-specific control measures for Shoreline Center. • When Marin County implements its Urban Runoff Baseline Control Program, the results of the program should be used in targeting the specific BMP's for the Master Plan based on expected business use mixes in final buildout. Rationale for Findiggs: Mitigation Measures prescribed in Section 3.3, Hydrology, Grading, and Drainage, addressing impacts related to water quality degradation in adjacent open water and marsh habitats due to sediment and pollutant loading in the stormwater, would also be effective in minimizing the potential harmful effects that polluted stormwater could have on fish, water fowl, and other wildlife that use adjacent marsh habitats (see discussion under Measures 3.3 -3a -SC through 3d -SC and measures 3.3 -3a -SC and 3.3 -3b -SC in Section 3.3 of this Statement). The project is required to comply with the terms and conditions set forth in the Marin County Urban Runoff Baseline Control Program regulated by the RWQCB, San Francisco Bay Region, which functions as a general stormwater monitoring program. The results of this monitoring program will be used to establish site-specific measures to further avoid and control pollutant loading in stormwater discharged from the site. Impact 3.5 -8 -SC: Surface water runoff and other water quality contaminants could potentially affect the Point Reyes Bird's Beak and Marin Knotweed, two special -status plant species that may occur in the salt marsh habitat adjacent to the project site. Mitigation 3.5 -8 -SC: Implement Mitigation Measures 3.3-2a through 3.3- 2d and 3.3-3a and 3b. No further mitigation is required. Rationale for Findings: Mitigation measures described in Section 3.3, Hydrology, Grading, and Drainage, that address erosion and water quality degradation during and after construction would reduce any potential impacts to offsite special - status plant species in adjacent marsh habitats. See the discussion under Mitigation Measures 3.3 -2 -SC and 3.3 -3 -SC in Section 3.3 of this Statement. -27- Impact 3.5 -9 -SC: Discharge of potentially harmful materials (e.g., stormwater spills, irrigation runoff, street cleaning, etc.) to the adjacent Canalways, MMWD, and city marshes could potentially affect the habitat of the California black rail, California clapper rail, and saltmarsh wandering shrew. MitiL,ation 3.5 -9 -SC: Under build out of the Shoreline Center, the types of business could vary initially and in the future. Some types of business could have greater potential for creating an impact on the marsh areas than others because of the types of businesses and associated activities. Because business uses could change in the future, there is the possibility that future uses could adversely impact the marshes adjacent to the site. Therefore, the proposed Master Plan should be modified to establish a monitoring program to track potential impacts on the marshes and institute a corrective action process if impacts are detected. The program should be designed to detect and remedy adverse impacts on the marsh that may occur with future business uses. The following measures should be taken to reduce and avoid impacts: • Remove litter and take steps to decrease the contributing sources such as increased signage, numbers of waste receptacles, covering of trash containers, and other reasonable measures to avoid litter entering the marsh. • Erect signs at points of entry that identify the marshes as wildlife habitat and that disturbance of wildlife, trespassing on vegetation, and disposal of litter is detrimental to the values of the marsh. • The project applicant should undertake efforts to maintain and enhance the habitat values of the marsh and restored upland areas surrounding the development. Monitoring shall be integrated with implementation of the Park Master Plan and the Enhancement Plan. The plan should include measures such as the cost of additional and replacement signage, litter removal, plant materials, tools, publicity, and similar measures to enhance the marsh community, and improve Shoreline Center worker and visitor awareness of marsh values, vulnerability, and sensitivity to human interferences. • The project applicant should actively participate in any source reduction and/or recycling programs currently implemented in the City to help reduce the amount of waste generated at the source of production as well as encouraging recycling. ME Rationale for Findings: The measures described above under Mitigation Measure 3.5 -9 -SC will minimize the effect of potentially harmful materials discharged via irrigation and/or stormwater runoff on adjacent sensitive habitats by controlling sources of waste generated at the project site. Recent state legislation (Assembly Bill 939) requires all local jurisdictions to reduce waste through both source control and recycling measures. Developer participation in local waste reduction and/or recycling programs implemented by the City of San Rafael will further minimize the potential for accidental discharge of litter or other forms of waste offsite. Identification signs making visitors and workers at the site aware of the importance of adjacent habitats will help to minimize human disturbances to these areas. Implementation of a Stormwater Pollution Prevention Plan to control accidental leaks or spills of potentially polluted materials into the stormdrain system (see Mitigation Measure 3.3 -3a -SC and 3b -SC) will also reduce potential degradation of adjacent saltmarsh habitat. The proposed monitoring program for the Shoreline Center Master Plan will function as the mechanism to identify and remedy any adverse impacts that harmful materials could have on marsh habitats as future projects at the site are implemented. Impact 3.5 -10 -SC: Increased surface runoff into the Canalways marsh could inundate habitat for the endangered saltmarsh harvest mouse. Mitigation 3.5 -10 -SC: Implement Mitigation Measure 3.3-3-1a. Rationale for Findings: Habitat for the endangered salt marsh harvest mouse could be threatened by increased surface water runoff into the Canalways marsh. However, as described under the Rationale for Findings for Impact 3.3 -1 -SC in Section 3.3, Hydrology, Grading, and Drainage, implementation of Mitigation Measure 3.3 -la -SC will allow future Shoreline Center development only when it can be demonstrated that either there is existing capacity within the pond or that the pond's capacity has been restored sufficiently to accommodate incremental increased flows or that any further incremental increased flows would be insignificant and therefore would not affect salt marsh harvest mouse habitat. Impact 3.5 -19 -HD: Development of Home Depot could result in reduced habitat value in the perimeter buffer areas of Parcel 1. Mitigation 3.5 -19 -HD: The plant list of the Home Depot Landscape Concept Plan should be revised to show the plants listed in the Shoreline Enhancement Plan. Non-native plant species should not be used in the perimeter buffer planting. The wildlife habitat enhancement objectives of the Enhancement Plan should be incorporated and implemented into the Home Depot plan. Incorporate the approximate 35,000 square -foot triangular area north of Home Depot into the Home Depot landscape plan and revegetation efforts adjacent to the salt marsh. -29- Implement Mitigation Measures 3.3-5-1a, 3.3-5-4, 3.3-5-8, and 3.3-5-9 in areas applicable to the Home Depot development on Parcel 1. In addition, implement the following mitigations recommended on a prorated basis with the balance of the Shoreline Center development: • Mitigation 3.3-5-7 (measures to further avoid, reduce, and control stormwater loadings). Rationale for Findings: Use of native plant species in the buffer areas of this parcel, as proposed in the Shoreline Enhancement Plan, would significantly improve this area's habitat value by providing a better source of food and wildlife cover for species that currently forage on Parcel 1 at the project site. In addition, see the discussion under Mitigation Measures 3.5 -la -SC, 3.5 -4 -SC, 3.5 -7 -SC, 3.5 -8 -SC, and 3.5 -9 -SC above. F. TRANSPORTATION AND CIRCULATION. Findings. The FEIR identified potentially significant adverse effects of the project pertaining to transportation and circulation and identified mitigation measures for the impacts. Incorporation into the project of the mitigation measures identified by the FEIR results in changes and alterations in the project which avoid or substantially lessen these significant impacts. It is likely that no significant transportation and circulation impacts will remain unmitigated. However, to the extent that any transportation and circulation impacts would remain unmitigated, such impacts are acceptable due to overriding considerations because expected project benefits outweigh any unavoidable adverse environmental effects as set forth in Section IV of this Statement. Impact 3.6 -1 -HD: In the absence of traffic controls, the existing project site plan may not efficiently accommodate projected Phase I Home Depot total traffic volumes. Mitication 3.6 -la -HD: Install STOP sign on the egress lanes of the site access drives (see intersection Nos. 11 and 12 on Figures 3.6-1 through 3.6-8). Mitication 3.6 -lb -HD: Provide median channelization along the entire length of Shoreline Parkway to encourage proper traffic operation, and to provide exclusive left turn lanes at the site access drives along Shoreline Parkway. Mitication 3.6 -lc -HD: Construct the proposed Shoreline Parkway site access drive to provide two ingress lanes and two egress lanes, each of 12 -feet minimum width. Standard 24" x 30" (R7) and 24" x 18" (R7A) Caltrans signs should be installed at the approach to this roadway. -30- Mitigation 3.6-ld-HD: Provide directional signs onsite to guide traffic to I- 580 interchanges. Rationale for Findings: The proposed Home Depot site plan was analyzed for adequacy with respect to the adjacent roadway network as part of the overall traffic impact study. This analysis reviewed the proposed points of ingress and egress into the project site and at individual parcels and identified potential circulation conflicts within the project site to determine an appropriate access plan to accommodate projected additional traffic generated by the proposed project. The above measures are considered standard traffic engineering practice to encourage efficient traffic operations at and through the project site. Imoact 3.6 -2 -HD: Temporary increases in traffic during surcharging and construction activities could affect traffic operations on nearby roadways in the project vicinity. Mitigation 3.6 -2 -HD: Restrict trips hauling fill material and moving construction equipment, material, and workers to the project site to non -peak morning and afternoon weekday hours or reroute this traffic to avoid congestion intersections during the AM and PM peak hours. Rationale for Findings: Because the project site will be pre -loaded or "surcharged" with fill material before development of Home Depot, this one-time activity would generate additional traffic to and from the project site. Construction activities would also generate a short-term temporary increase in both truck traffic and automobile traffic at the project site. However, because these activities are only temporary and short-term in duration, the resulting traffic impact on the surrounding roadway network will not be adverse if trips are restricted to non -peak hours when daily traffic is less congested or if they are rerouted to avoid heavily congested intersections during peak hour travel times. Impact 3.6 -4 -SC: The projected 815 trips generated by Shoreline Center under Master Plan conditions, in addition to the 400 trips generated by Home Depot, would result in 5 more trips beyond the 1,210 trips originally allocated for the project site in the General Plan. Mitigation 3.6 -4 -SC: Reduce the total square footage prescribed in the Shoreline Center Master Plan by an amount proportionate to the three proposed land uses (specialty retail, light industrial, and business office) in order to reduce the total number of PM peak -hour trips generated at the site by 5 to 1,210. -31- Rationale for Findings: The Shoreline Center Master Plan, as revised in response to Mitigation 3.6 -4 -SC, will conform to the City of San Rafael's General Plan allocation of 1,210 trips for this project site. Impact 3.6 -5 -SC: Shoreline Center -generated project traffic would cause a deterioration in level of service at the intersections of Bellam Boulevard/Francisco Boulevard and Bellam Boulevard/Berner Boulevard from LOS D and LOS C, respectively, under background conditions, to LOS F. Mitigation 3.6 -5 -SC: Shoreline Center developers shall participate, in coordination with other approved projects, in a traffic mitigation fee program, as required by General Plan Policy 3.3-18, that equitably distributes the costs of providing necessary offsite traffic improvements. The following improvements are recommended to be implemented prior to development of Shoreline Center to reduce cumulative traffic impacts in the study area. However, future development at Shoreline Center will be able to compete with other projects in San Rafael for Critical Moves awarded through the PPP process, if and when available, and therefore could be constructed prior to implementation of these improvements. • Extend Berner Boulevard to the proposed project site to provide necessary additional capacity to acceptably service anticipated future traffic volumes. An EIR on the Berner Boulevard expansion project is budgeted and planned to be prepared during the 1992/93 fiscal year. This project will be funded through available traffic mitigation fees. • Construct the proposed Bellam/I-580/U.S.-101 interchange improvements per Caltrans and City of San Rafael design guidelines. As indicated by the City, it is assumed that this proposed interchange would improve operating conditions at study intersections to acceptable levels of traffic operations. The overall traffic impacts of the Shoreline Center Project and other projects in the vicinity of this I-580 interchange were included in the traffic analysis conducted for the San Rafael General Plan and General Plan EIR and provide the basis for this mitigation. Phase I of the Bellam/I-580/U.S.-101 interchange improvements is listed as a partially funded project in the City's Funded Capital Improvement Project list for 1992/93 (City of San Rafael, 1992). Rationale for Findings: The San Rafael General Plan 2000 contains policies requiring coordination of development in East San Rafael with the construction of -32- transportation improvements. Circulation Policy 3.3-3 has been adopted in the General Plan EIR to ensure that an adequate level of service (defined as LOS D) is maintained at the I-580/Bellam Boulevard interchange. Policy 3.3-3 requires that new development be constructed only after needed circulation project funding has been guaranteed, circulation project environmental review is complete, and findings have been made that the time frame for completion of needed circulation improvements will not cause LOS D to be exceeded. This policy cites the I-580/U.S.-101/Bellam Boulevard interchange, I-580 overcrossing, and Bellam Boulevard southbound ramp relocation as major circulation improvements affected by this policy. Pursuant to the requirements of the San Rafael General Plan 2000, the City has adopted and implemented a procedure referred to as the "Priority Projects Procedure" (PPP) for approving future projects where roadway capacity is limited, several projects are competing for capacity, and needed improvements will take time to construct. The intent of the PPP is to coordinate the construction of new developments with the completion of necessary traffic improvements by allowing new development to occur only as traffic capacity becomes available at certain critical intersections designated in the General Plan. Mitigation Measure 3.6 -5 -SC will ensure that no future projects will be developed at Shoreline Center before cited improvements (e.g.: extension of Kerner Boulevard and construction of Bellam/I-580/U.S.-101 interchange improvements) are constructed unless the project can demonstrate through the PPP process that there is enough capacity on the existing roadway system to accommodate it. Impact 3.6 -6 -SC: In the absence of traffic controls, the existing project site plan may not efficiently accommodate projected Shoreline Center total traffic volumes. In addition, automobile traffic at the project site could conflict with bicycle traffic using the proposed bicycle route along the length of Kerner Boulevard. Mitigation 3.6 -6a -SC: Provide at least two site access drives (e.g.: the proposed secondary site access drive into Parcel 1) onto Kerner Boulevard to alleviate traffic congestion on Shoreline Parkway. It is recommended that site access from Kerner Boulevard be provided to all parcels adjacent to this roadway (Parcels 2, 3, 4, and 5). In addition, provide two site access drives from Parcel 6 onto Shoreline Parkway to facilitate traffic flow in and out of this parcel. Mitigation 3.6 -6b -SC: Design the intersection(s) of Kerner Boulevard with the additional access drives to provide a minimum of two ingress and two egress lanes, each of 12 -feet minimum width. -33- Mitigation 3.6 -6c -SC: Install a traffic signal at the intersection of Francisco Boulevard and Shoreline Parkway (see intersection No. 8 on Figure 3.6-1 through 3.6-8). As per industry standards, the feasibility of such a signal should be re- evaluated at the time of installation. Mitigation 3.6 -6d -SC: Design the site access drives to intersect Kerner Boulevard at a 90 -degree angle, with minimum turning radii of 30 feet. Mitigation 3.6 -6e -SC: Provide a separate bicycle lane along the section of Kerner Boulevard that bisects the project site in coordination with the City's plans to develop a Class II or Class III bicycle route along the length of Kerner Boulevard south of Bellam Boulevard. A bicycle lane is included in the proposed Shoreline Center Master Plan for Shoreline Parkway. Rationale for Findings: Given the projected levels of traffic anticipated to use Shoreline Parkway, these measures will relieve potential conflicts resulting from internal traffic congestion at the project site. These measures, which specify the location, width, and configuration of site access driveways, are based on a site-specific review of the proposed Shoreline Center site plan and the project's traffic analysis and are considered standard engineering practice. Provision of a separate bicycle lane along Kerner Boulevard conforms to the City of San Rafael's plans to develop a bicycle route along this roadway, as illustrated on General Plan Map 8 - Bicycle Routes. This measure will effectively reduce potential conflicts between bicyclists and automobile drivers at the project site by providing separate travel lanes for these two forms of transportation. Impact 3.6 -7 -SC: Temporary Increase in Traffic Volumes During Construction Activities. Mitigation 3.6 -7 -SC: Implement Mitigation Measure 3.3-6-2. Rationale for Findings: See the discussion under Mitigation Measure 3.6 -2 - le G. AIR QUALITY. Findings. The FEIR identified potentially significant adverse effects of the project pertaining to air quality and identified mitigation measures for the impacts. Incorporation into the project of the mitigation measures identified by the FEIR results in changes and alterations in the project which avoid or substantially lessen certain of these significant impacts. The projected increases in local ambient PM,o concentrations attributable to traffic generated by the operation of the project would be the only significant impacts resulting from the proposed development, which cannot be -34- mitigated to a less -than -significant level. However, to the extent that these air quality impacts would remain unmitigated, such impacts are acceptable due to overriding considerations because expected project benefits outweigh any unavoidable adverse environmental effects as set forth in Section IV of this Statement. Impact 3.7 -1 -SC: Emissions from project -generated traffic would contribute to exceedances of the 24-hour PMIo significance criteria standards in the general project vicinity. Mitigation 3.7 -1 -SC: Increased emissions of PMIo from traffic generated by Shoreline Center cannot be mitigated to a less -than -significant level. However, to reduce the number of vehicle trips generated by the proposed Shoreline Center, and thereby reduce PMIo levels in the project area, implement the following transportation control measures: • Pursuant to BAAQMD regulations to be adopted in late Fall 1992, all individual businesses at Shoreline Center meeting specific criteria (e.g., 100 or more employees reporting to single work sites between the hours of 6:30 AM and 10:00 AM) should submit and implement an employer -based trip reduction plan to reduce commuter trips. These plans might include employee incentives such as flex -time work schedules, reimbursement for employee -purchased transit fares, and coordinated ride -sharing programs. BAAQMD estimates that implementation of flex -time programs would reduce regional emissions by 2 percent (BAAQMD, 1991). • Pursuant to the City of San Rafael General Plan policies for new developments, provide additional Transportation Systems Management programs for Shoreline Center. These measures could include carpool and vanpool programs, as well as provision of bicycle parking facilities. Rationale for Findings: According to the Bay Area Air Quality Management District (BAAQMD), measures identified above would reduce regional PMIo emissions by about 2 percent. Given the magnitude of projected PMIo emissions to be generated by automobiles under full buildout of the project site, these measures will not reduce the impact of these emissions to a level below the BAAQMD's significance criterion for this pollutant. However, this impact is acceptable due to overriding considerations because the project's expected benefits outweigh this unavoidable adverse environmental effect, as described in Section IV of this Statement. -35- Impact 3.7 -9 -HD: Construction of the proposed Home Depot would generate short-term emissions of PMIo that exceed the 24-hour PMIo standard. Mitigation 3.7 -9 -HD: Administer a dust control program during project construction similar to the program described for Mitigation Measure 3.7-12. Rationale for Findings: According to the BAAQMD's Guidelines for Assessing Impacts of Projects and Plans (September 1991), implementation of an effective dust - control program can reduce PMIo emissions by up to 50 percent. The proposed measures outlined under Mitigation Measure 3.7-12 for controlling PMIo emissions will significantly reduce the effects of PMIo emissions generated during Home Depot construction activities to below the BAAQMD's significant criterion for this pollutant. H. HUMAN HEALTH AND SAFETY AND LANDFILL GAS. FindinL-s. The FEIR identified potentially significant adverse effects of the project pertaining to human health and safety and landfill gas and identified mitigation measures for the impacts. Incorporation into the project of the mitigation measures identified by the FEIR results in changes and alterations in the project which avoid or substantially lessen these significant impacts. In addition, some of the specified impacts and/or changes or alterations identified in mitigation measures are within the responsibility or jurisdiction of a public agency other than the City, and such changes can and should be adopted by such other agency. It is likely that no significant human health and safety and landfill gas impacts will remain unmitigated. However, to the extent that any human health and safety and landfill gas impacts would remain unmitigated, such impacts are acceptable due to overriding considerations because expected project benefits outweigh any unavoidable adverse environmental effects as set forth in Section IV of this Statement. Impact 3.8 -1 -SC: Landfill gas could accumulate in excavated areas for Utilities and pose a threat of explosion or asphyxiation. Mitication 3.8 -la -SC: Contractors and utility companies shall submit health and safety plans to the Marin County Department of Health and Human Services and the California Environmental Protection Agency Department of Toxic Substances Control for authorizing utility work and for monitoring site operations. No utility work will be allowed onsite until these authorizing agencies have reviewed the health and safety plan. Mitication 3.8 -lb -SC: Place signs warning of the hazards of entering confined airspaces on all utility covers and vaults. -36- Mitigation 3.8 -lc -SC: The project applicant shall notify the appropriate enforcement agency of any condition that develops during utility installation resulting in environmental degradation and/or a public health hazard. Rationale for Findings: These measures are standard operating procedures required for construction and maintenance activities associated with utility work at a closed landfill. Mitigation Measure 3.8 -la -SC is consistent with state regulations prescribing minimum standards for closure and post -closure maintenance activities (Title 14, CCR, Subarticle 7.8). Compliance with the state's minimum standards for solid waste handling and disposal is an express condition specified in the SQDS Stipulated Order of Compliance and Agreement (August 1992). Mitigation Measure 3.8 -lb -SC is a precautionary measure intended to warn workers and visitors of potential dangers at and around utility vaults and airspaces. Mitigation Measure 3.8 -lc -SC was specifically requested in the comment letter issued by the California Integrated Waste Management Board (CIWMB) dated January 6, 1993 in response to the November 1992 Draft EIR. The CIWMB's request is considered significant because they are the state agency with authority to regulate development, operations, closure, and post -closure maintenance and development at all solid waste management units (e.g.: landfill) in California. Impact 3.8 -2 -SC: Penetration of the landfill cover during pile foundation construction could expose construction workers to high concentrations of landfill gas. Mitigation 3.8 -2a -SC: Require contractors to submit health and safety plans to the Marin County Department of Human Services and California Environmental Protection Agency Department of Toxic Substances Control. No penetration of the final cover shall occur prior to these agencies' approval of the health and safety plan. Mitigation 3.8 -2b -SC: Construct buildings with piles as part of the foundation with a specific vapor barrier design for a continuous final cover incorporating piles. The project applicant has proposed alternative methods (i.e., concrete slab) to provide a continuous final cover beneath structures. Mitigation 3.8 -2c -SC: The project applicant shall notify the appropriate enforcement agency of any condition that develops during penetration of the final cover resulting in environment degradation and/or a public health hazard. Rationale for Findings: Mitigation Measure 3.8 -2a -SC is consistent with state standards regulating post closure maintenance and development activities at a closed landfill. Compliance with the state's minimum standards for solid waste handling and disposal is an express condition specified in the SQDS Stipulated Order of Compliance -37- and Agreement (August 1992). Mitigation Measure 3.8 -2b -SC is considered standard engineering practice consistent with the Regional Water Quality Control Board's criteria for installing foundation piles through a closed landfill. Mitigation Measure 3.8 -2c -SC was specifically requested in the comment letter issued by the California Integrated Waste Management Board (CIWMB) dated January 6, 1993 in response to the November 1992 Draft EIR. The CIWMB's request is considered significant because they are the state agency with authority to regulate development, operations, closure, and post -closure maintenance and development at all solid waste management units (e.g.: landfill) in California. Impact 3.8 -3 -SC: Onsite excavations could expose equipment operators to landfill gas releases during building pad construction. Mitigation 3.8 -3a -SC: Require contractors to submit health and safety plans to the Marin County Department of Health and Human Services and California Environmental Protection Agency Department of Toxic Substances Control. No building pads shall be constructed prior to these agencies' approval of the health and safety plan. Mitigation 3.8 -3b -SC: The final cover after regrading shall comply with the regulations prescribed in 23 CCF Chapter 15 and 14 CCR Chapter 3. Mitieation 3.8 -3c -SC: The project applicant shall notify the appropriate enforcement agency of any condition that develops during pad construction resulting in environmental degradation and/or a public health hazard. Rationale for Findings: Mitigation Measures 3.8 -3a -SC and 3.8 -3b -SC are standard operating procedures required for constructing building foundations over a closed landfill and are in compliance with state standards regulating post closure maintenance and development. Compliance with state regulations will minimize accidental releases of landfill gas from beneath the cap after regrading at the project site. Compliance with the state's minimum standards for solid waste handling and disposal is an express condition specified in the SQDS Stipulated Order of Compliance and Agreement (August 1992). Mitigation Measure 3.8 -3c -SC was specifically requested in the comment letter issued by the California Integrated Waste Management Board (CIWMB) dated January 6, 1993 in response to the November 1992 Draft EIR. The CIWMB's request is considered significant because they are the state agency with authority to regulate development, operations, closure, and post -closure maintenance and development at all solid waste management units (e.g.: landfill) in California. MR Impact 3.8 -19 -HD: The human health and safety and landfill gas impacts associated with Home Depot would be similar to those described for Shoreline Center. MitiLration 3.8 -19 -HD: Implement Mitigation Measures 3.8-1 through 8-17. Rationale for Findings: See discussion for Mitigation Measures 3.8 -la -SC through 3.8 -lc -SC, 3.8 -2a -SC through 3.8 -2c -SC, and 3.8 -3a -SC through 3.8 -3c -SC above. I. PUBLIC SERVICES. Findinss. The FEIR identified potentially significant adverse effects of the project pertaining to public services and identified mitigation measures for the impacts. Incorporation into the project of the mitigation measures identified by the FEIR results in changes and alterations in the project which avoid or substantially lessen these significant impacts. In addition, some of the specified impacts and/or changes or alterations identified in mitigation measures are within the responsibility or jurisdiction of a public agency other than the City, and such changes can and should be adopted by such other agency. It is likely that no significant public services impacts will remain unmitigated. However, to the extent that any public services impacts would remain unmitigated, such impacts are acceptable due to overriding considerations because expected project benefits outweigh any unavoidable adverse environmental effects as set forth in Section IV of this Statement. Impact 3.9 -1 -SC: Potential release of landfill gas during construction and installation of utility lines and other subsurface infrastructure. Mitigation 3.9-1: All utilities will be placed in clean fill corridors. Utilities requiring deeper embedment than 3 feet will require verification of cap thickness. In accordance with 14 CCR 17796(d)(5), utilities will not be installed in or below the barrier layer of the final cover. If excavation into the waste is unavoidable, obtain written permission from the appropriate and responsible landfill closure agencies. Rationale for Findings: This measure is consistent with State regulations regarding placement of utility lines at a closed landfill, as recommended by the project applicant's independent engineering consultants (Brunsing Associates, Inc., letter to A. Millican, CH2M HILL, January 21, 1992). The proposed measure ensures that installation of utility lines and other subsurface infrastructure will not result in an accidental release of landfill gas. This mitigation measure will also ensure that utility installation does not penetrate the landfill cap unless the appropriate landfill closure agencies give written permission. As described in the Rationale for Findings under -39- Impact 3.2 -la -SC, agencies responsible for the landfill's closure and post -closure requirements are expert in construction activities on and maintenance of former landfills. Therefore, these agencies will ensure that any excavation beneath the landfill cap to install utilities is undertaken in compliance with applicable regulations that will protect human health and safety and the environment. Impact 3.9 -2 -SC: Need for installation of water service infrastructure. Mitigation 3.9 -2 -SC: The project applicant will be responsible for constructing water service infrastructure improvements consistent with MMWD's requirements. Water system design plans will be submitted concurrently with the building permit application. The project sponsor will relocate, extend, or remove the existing water main on the site. In addition, implement Mitigation Measure 3.9-1. Rationale for Findings: Because the site is currently only serviced by an 8 -inch water main located on Shoreline Parkway, this measure is necessary to ensure that appropriate infrastructure is available to distribute water to future Shoreline Center developments. This measure also ensures that specific design plans for this infrastructure will be consistent with any requirements of the Marin Municipal Water District. Because this measure involves subsurface construction, installation of water service infrastructure will be subject to the same provisions described above under Mitigation Measure 3.9 -1 -SC concerning installation of infrastructure at a closed landfill. Impact 3.9 -3 -SC: Need for installation of wastewater infrastructure. Mitigation 3.9 -3 -SC: The project applicant will provide onsite sewer collection lines that will connect into existing sanitary sewer facilities in the project area. In addition, implement Mitigation Measure 3.9-1. Rationale for Findings: Because the project site is currently only serviced by one sanitary sewer pipe that runs the length of Shoreline Parkway, this measure is necessary to ensure that appropriate infrastructure is available to collect sewage discharged from future Shoreline Center developments. Because this measure involves subsurface construction, installation of sewer service collection pipes will be subject to the same provisions described above under Mitigation Measure 3.9 -1 -SC concerning installation of infrastructure at a closed landfill. Impact 3.9 -4 -SC: Need for installation of storm drainage facilities. Mitigation 3.9 -4 -SC: The project applicant will implement a drainage control plan for the site. This plan will identify all onsite facilities required to .N adequately handle surface runoff. It will be submitted to the City's Public Works Department prior to issuance of a building permit. The City has specifications for storm drainage design and erosion control which will be incorporated into the projects. In addition, implement Mitigation Measure 3.9-1. See Section 3.8, Human Health and Safety and Landfill Gas, for a complete discussion on specific mitigations to prevent landfill gas release during installation of infrastructure. Rationale for Findings: Because current storm drainage facilities are not adequate to service future development at the project site, additional infrastructure will be required. The drainage control plan proposed in this measure is standard engineering practice for development projects to identify and design appropriate infrastructure to accommodate stormwater runoff. Because this measure involves subsurface construction, installation of storm drain pipes and other facilities will be subject to the same provisions described above under Mitigation Measure 3.9 -1 -SC concerning installation of infrastructure at a closed landfill. Impact 3.9 -5 -SC: Need for installation of communications facilities. Mitiiiation 3.9 -5 -SC: Implement Mitigation Measure 3.9-1. See Section 3.3, Hydrology, Grading, and Drainage, and Section 3.8, Human Health and Safety and Landfill Gas, for a complete discussion of specific mitigations to prevent landfill gas release during installation of infrastructure. Rationale for Findings: Because existing communication lines currently only service a portion of the project site, installation of appropriate communication facilities such as underground cables and/or poles will be required to provide telephone service to future developments at the project site. Impact 3.9 -6 -SC: Increased levels of service for City maintenance of onsite infrastructure because of ground settlement in the project area. Mitiaation 3.9 -6 -SC: To reduce the need for maintenance service by the City Public Words Department, the project will be designed to prevent significant settlement in the project area. Trees and landscaping will be placed on the project site and not in the City rights-of-way to avoid the need for landscape maintenance by the City. Rationale for Findirkgs: Project features such as roads and utilities will be designed to withstand potential site settlement in accordance with specific geotechnical reports prepared for future projects at Shoreline Center. Similar to the site-specific geotechnical report prepared for the Home Depot project (Law/Crandall, Inc., 1993), future reports will make appropriate recommendations for the design of onsite utilities -41- and road paving so that this infrastructure can withstand potential movement associated with ground settlement. Any adverse effects of settlement to onsite infrastructure (e.g.: cracked or broken pipes or pavement) will be minimized through these design recommendations, reducing the demand for maintenance services of roads and utilities at the project site. In addition, onsite maintenance will be the responsibility of individual developers, not the City. Impact 3.9 -7 -SC: Increased demand for police protection. Mitiization 3.9 -7 -SC: Implement the following City of San Rafael General Plan policy before issuance of a building permit: #S-23: Safety Review of Development Projects --Crime prevention techniques shall be required in new development. Police Department personnel shall review development applications to ensure that landscaping, lighting, and building siting and design reduce the opportunity for crime hazards. Rationale for Findings: It is anticipated that the project could result in increased crime in the form of retail, office, and vehicle theft. Provision of adequate lighting and careful siting and design of buildings and landscaping can be an effective tool for discouraging and minimizing these types of crimes at the project site. In accordance with the City of San Rafael General Plan 2000 policies addressing Emergency Services/Disaster Preparedness in the Health and Safety Element, crime prevention techniques shall be required in Shoreline Center's future developments. Involving the City of San Rafael Police Department in reviewing future development applications at Shoreline Center will ensure that crime opportunities are discouraged, thereby minimizing demand for increased police protection at the project site. Impact 3.9 -12 -HD: All significant impacts on public services for Home Depot would be identical to Impacts 3.9-1 through 3.9-7 identified for Shoreline Center. Mitieation 3.9 -12 -HD: Implement Mitigation Measures 3.9-1 through 3.9-7 to mitigate all potentially significant public service impacts. Rationale for Findinis: See the discussion under Mitigation Measures 3.9 -1 -SC through 3.9 -7 -SC addressed above. J. AESTHETICS. Findings. The FEIR identified potentially significant adverse effects of the project pertaining to aesthetics and identified mitigation measures for the impacts. -42- Incorporation into the project of the mitigation measures identified by the FEIR results in changes and alterations in the project which avoid or substantially lessen these significant impacts. It is likely that no significant aesthetics impacts will remain unmitigated. However, to the extent that any aesthetics impacts would remain unmitigated, such impacts are acceptable due to overriding considerations because expected project benefits outweigh any unavoidable adverse environmental effects as set forth in Section IV of this Statement. Impact 3.10 -1 -SC: Development of Shoreline Center would degrade the visual quality of views to and through the project site from both on and offsite locations. Mitigation 3.10 -la -SC: Implement architectural and landscape guidelines prescribed in the proposed Shoreline Center Master Plan, as well as mitigation measures identified in Section 3.5 (Biological Resources) regarding enhancement of the proposed perimeter landscape buffers consistent with landfill closure plan requirements to minimize the visual effect of the proposed development. In order to ensure aesthetic compatibility between the proposed identification sign and surrounding environment, the sign shall be designed in accordance with Design Review Board recommendations. MitiLyation 3.10 -lb -SC: To reduce the visual dominance of new development on Parcel 6 from East San Rafael Shoreline Park, investigate the visual impact of placing future buildings 2 stores or less further than 25 feet from the property line adjacent to the park and buildings higher than 2 stories further than 50 feet from this property line. These distances are the minimum setbacks prescribed in the proposed Master Plan for development on Parcel 6. The exact placement of these buildings shall be determined by the designer/architect of future Parcel 6 development(s). Prepare alternative site designs that take into consideration views from future park users at the top and bottom of the slope adjacent to the eastern perimeter of the project site. Submit these designs to the City's Design Review Board so that the City can help select the least visually obtrusive design(s) for the project site. Mitigation 3.10 -1c -SC: Based on the EIR analysis, the final location of the two view corridors on Parcel 6 shall be considered and decided through the City design review process. Consider views from future park users at the top slope adjacent to the eastern perimeter of the project site when locating these view corridors. Mitication 3.10-ld-SC: Require that plantings in the perimeter landscape buffer adjacent to East San Rafael Shoreline Park are not located within or obstruct views through the two view corridors designed for Parcel 6. -43- Mitigation 3.10 -le -SC: Require that future development on Parcel 6 stake potential development and/or prepare photomontages illustrating the aesthetic effect of new buildings from both the top and bottom of the slope adjacent to the eastern perimeter of the project site at East San Rafael Shoreline Park. Rationale for Findings: Views of the project site from both onsite and offsite locations will be significantly enhanced by the measures described above. The site is currently vacant and void of significant landscaping features. Implementation of landscape buffers around edges of the project site adjacent to sensitive offsite habitats will minimize the visual effects attributable to new development across most of the project site. Because of its location immediately adjacent to Parcel 6, views from East San Rafael Shoreline Park would be the most significantly affected by project development. Mitigation Measure for a less -than -significant impact, addressing the issue of habitat fragmentation and isolation, will increase the minimum width of both the landscape buffer and building setback area along the eastern edge of Parcel 6 from 10 and 25 feet, respectively, to 37 1/2 feet. This increased buffer will reduce the visual impact of future development on Parcel 6 from users of East San Rafael Shoreline Park by screening new buildings with natural landscaping and vegetation. In accordance with measure 3.10 -lb -SC, alternative site designs for development on Parcel 6 that place buildings further back than the minimum setback will also be considered. Potential visual effects from development on Parcel 6, as well as the entire project site, will ultimately be mitigated through the City design review process because all future projects at Shoreline Center will require an Environmental and Design Review Permit to be issued by the City Design Review Board. In addition, onsite views towards the Bay and views from East San Rafael Shoreline Park inland towards Mt. Tamalpais shall be protected by designated view corridors. Impact 3.10 -3 -HD: Degradation of views to and through Home Depot project site from both on -and offsite locations. Mitigation 3.10 -3 -HD: Implementation of Mitigation Measure 3.10-1a for the proposed Shoreline Center Master Plan and Mitigation Measure 3.5-2 (see Section 3.5, Biological Resources) would minimize any potential aesthetic impacts from development of Home Depot. Rationale for Findings: Seethe discussion under Mitigation Measure 3.10 -la - SC above and Mitigation Measure 3.5 -2 -SC in Section 3.5, Biological Resources. III. PROJECT ALTERNATIVES. A. ALTERNATIVES. The FEIR examined the following seven potential on-site and off-site alternatives: On -Site Alternatives: No Project. Present Approvals. Reduced Intensity. Off -Site Alternatives: St. Vincent/Silveria. Marin Ranch Airport. San Rafael Rock Quarry. PG&E Site for Home Depot. B. FINDINGS WITH RESPECT TO ALTERNATIVES. None of the on-site alternatives examined in the FEIR would achieve certain goals and objectives of the City, including the City's Priority Project Policy, to the same degree that the proposed project will attain those goals and objectives. Based on the economic, social, and other considerations discussed below and for the reasons set forth in the Statement of Overriding Considerations (Section IV of this Statement) alternatives to the Project Approvals identified and evaluated in the CEQA process are infeasible. 1. No Project. This alternative would be a continuation of the existing conditions. Land at the Shoreline Center Business Park site would remain in its current state. This alternative provides little or no potential for increased revenue generation for the City from sales and/or property tax or any other alternate policies. This alternative would not be consistent with the City's goal of increasing employment. This alternative would not implement the project site's existing General Plan designation of light industrial/office. 2. Present Approvals Alternative. This alternative would result in similar potential impacts as compared with the proposed project. However, the present approvals alternative would not be consistent with the City's Natural Environmental Policy NE -15 of the City's General Plan requiring specified setbacks from wetland areas since the present approvals provide for only 50 feet of setback, as compared with the larger setbacks required by the Project Approvals. Such a reduced setback -45- area could result in greater impacts to biological resources. It is likely that this alternative would not provide the City of San Rafael with as much sales and/or property tax revenue as the proposed project, or at least it would not provide such revenue as soon as the proposed project, since there is an identified potential business (Home Depot) who will likely occupy a portion of the proposed project site, and there are no identified proposed users for the site based upon the present approvals. This alternative would not be consistent with the City's General Plan Priority Project Policies. 3. Reduced Intensity. Under this alternative, the same uses would be permitted as those for the proposed project. However, the total square footage of development would be reduced by 50%. This project alternative could result in less traffic related impacts than the closed project. However, commencement of Phase 2 of the proposed project (the portion which could result in aggregate development of the site in excess of the amount contemplated by this alternative) is conditioned upon sufficient roadway improvements to handle the traffic impacts created by that phase of construction in a manner so as to satisfy the City's general plan policies concerning traffic. Air quality impacts resulting from ultimate buildout of this alternative, as compared with ultimate buildout of the proposed project, would be less because there would be less vehicular emissions than those associated with ultimate buildout of the proposed project. The FEIR shows that certain air quality impacts are the only significant impacts which cannot be reduced through mitigation to a level of insignificance. This reduced intensity alternative would also create air quality impacts which would exceed the level of significance described in the FEIR. Because of the nature of the air quality impacts and the air quality management district's definition of level of significance, any significant development of the proposed project site would be unable to occur without exceeding the air quality management district's defined level of significance. This alternative would not attain the goal of the City's General Plan Priority Project Policy to the same degree that the proposed project will attain those goals and objectives. This alternative would provide less sales and/or property tax revenue than the proposed project. This alternative would not likely provide as many new temporary and permanent jobs as the proposed project. 4. Alternative Location: St. Vincent/Silveria. This site contains wetlands and other environmentally sensitive lands which would most likely need to be filled in order to accomplish development, thus, this site is environmentally inferior to the project site. This site is designated by the San Rafael General Plan for residential and neighborhood commercial. The uses proposed for the project site would be inconsistent with the land use plan for this site. In addition, there are no public services available at this site. 5. Alternative Location: Marin Ranch Airport. Existing on-site and surrounding land uses would not be compatible with the uses proposed for the project .M site. Those uses would be inconsistent with the policies established by the General Plan for this site, including the General Plan circulation policies for the area in which this site is located. In addition, the site contains sensitive wetlands and biological habitats which would be adversely affected by future development. 6. Alternative Location: San Rafael Rock Ouarry. This site is designated for a recreational development and adjacent areas for neighborhood scale office and commercial uses pursuant to the Peacock Gap Neighborhood Plan adopted by the City of San Rafael. These uses would be inconsistent with the regional -oriented retail and commercial /office uses proposed for the proposed project site. Moreover, this site contains a number of ponds and a 30 -acre fresh -brackish marsh which provides important habitat for plants and animals. 7. Alternative Location: Home Depot at PG&E Site. The PG&E site is located in downtown San Rafael and is designated general commercial under the City's General Plan. The site is on both sides of Lindaro Street, with approximately S acres on one side and 4 acres on the other side of Lindaro Street. This site configuration makes the site infeasible for use by Home Depot. IV. STATEMENT OF OVERRIDING CONSIDERATIONS. A. CEQA requires that the City balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. If the benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse effects may be considered "acceptable." If the City allows occurrences of significant effects which are identified in the final EIR, but are not at least substantially mitigated, the City must state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. The basis of such a decision can include specific economic, social or other considerations which make Litigation measures or alternatives to the project identified in the final EIR infeasible. B. As determined in Section II, Findings on Significant Environmental Effects of the Project and Facts in Support of Findings, only one significant impact identified could not be mitigated to a level of insignificance. The one unavoidable significant effect on the environment is the exceedance of the 24-hour PM10 standard during the full buildout of Shoreline Center. Any project of this scale located in San Rafael would have similar exceedance of PM,o standards. PM,o consists of fine dust particles, the most common source of which is road dust, diesel soot, automobile tailpipe exhaust, abrasion of tires and breaks, construction operations and wind storms. Exceedance of the PM,o emission standard is a common problem in the Bay Area and much of California. Monitoring results indicate that exceedance of the -47- 24-hour PMIp standard occasionally occur in San Rafael. PMI0 emissions from full project buildout generated traffic would contribute to exceedance of the 24-hour PMIO standard in the general project vicinity. Full buildout of Shoreline Center would not be able to occur until required traffic improvements, estimated to begin construction in seven to ten years, have been installed -The EIR also determined that PMIo emission from full project buildout traffic generated will be reduced by implementing employer -based trip reduction plans and transportation systems management programs. The construction and operation of Home Depot will not exceed PM10 standards and is not considered a significant unavoidable environmental effect. C. PROTECT BENEFITS. The primary benefits of the project embodied in the Master Plan are set forth below. 1. The proposed project is consistent with the City's policies for development of the project site. Approval of the project is consistent in principle with, and furthers, the objectives, Goals and Policies of the San Rafael General Plan 2000. Economic development has been one of the chief goals of the General Plan which is implemented through various policies. The General Plan background section, page 164, recognizes that sales of home furnishing, building materials and automobiles per household in San Rafael are at least three times that of Marin County and that the City has strong advantages in these sectors and the City can maintain and enhance its strong retail position in these sectors. The background section of the General Plan also states the City must take a proactive role in the economic and fiscal health of the City. Land Use Goal LU -B addresses these economic issues and states "Allow economic growth which supplies jobs for existing and future residents and maintains the City's ability to finance public improvements and human services; and guide such development in order to protect existing neighborhoods and natural resources." General Plan Land Use Policy LU -13(g) which allows high tax generating specialty retail uses, is one policy which implements this goal. General Plan Circulation Policy C-7, which establishes the Priority Projects Procedure (PPP) for projects in traffic impacted areas recognizes the economic development goal of the City by establishing high tax generation as a criteria for approval. Home Depot has received PPP approval as a high tax generating use. The project is consistent with the Zoning Ordinance including Planned Development regulations contained in Chapter 7, parking regulations contained in Chapter 18, PAR requirements contained in Chapter 16 Section 14.16.150-G, and sign regulations contained in Chapter 19. 2. The project will generate a significant sales tax and property tax revenue for the City of San RafaeL In addition, if Home Depot is approved and operates at the project site, purchases made by consumers from the San Rafael area at Home Depot locations in Rohnert Park and E1 Cerrito, estimated in the Economic and Planning Systems (EPS) report dated August 27, 1993 (attached hereto as Exhibit B- 1) to be $93,300, will likely be made in San Rafael. The EPS report further estimated -48- that the City of San Rafael will benefit if Home Depot located at the project site by receiving approximately $129,300 in net new sales taxes. The location of Home Depot in the City of San Rafael will also minimize the risk that these purchases will occur outside of San Rafael at a Home Depot that might be located elsewhere in Marin County, which the EPS report projected would result in a loss to San Rafael of $257,340. The EPS report concluded that the difference in sales tax revenues to the City if Home Depot locates in San Rafael (i.e., gain of $129,360) compared to Home Depot locating elsewhere in Marin County (i.e., loss of $257,340) is equal to $386,700. 3. During the construction period, the project will generate an undetermined but significant number of temporary jobs and after completion the Shoreline Center project is expected to generate 1,900 permanent jobs. The Home Depot phase of the project will create 150 to 175 permanent jobs. 4. The project will facilitate planned development in East San Rafael in a manner consistent with City policies on urban commercial growth and the Master Plan provides development standards that will coordinate the development of the entire 42+ acre project. 5. The project will provide coordination of development of this project with the development of the Shoreline Park Band and will improve access to the Shoreline Park. 6. The project will provide enhanced buffer areas of native plant and animal habitat along adjacent property lines and remove existing non-native invasive plants that would not be provided or removed without the project. D. FINDINGS. Based on all of the foregoing specific economic, social and other considerations, the City has determined that the benefits of the project outweigh its unavoidable adverse environmental effects, which are deemed acceptable. -49- V. CONSISTENCY WITH THE GENERAL PLAN.. As explained in Section IV, "STATEMENT OF OVERRIDING CONSIDER- ATIONS", the project substantially conforms to, and materially contributes to the achievement of, key goals and policies of the General Plan. Certain specific General Plan policies have been addressed in the discussion of this project, all of which this project is consistent with. Among those specific policies are the following, each of which is accompanied by a brief explanation of the manner in which the project is consistent with such policy and, where appropriate, of the meaning of such policy. A. LAND USE GOALS AND POLICIES,. LU -13 g. "Light Industrial/Office: Includes motor vehicle service, contractor uses; light manufacturing; distribution; warehousing and storage, incidental employee -serving retail/service; offices; specialty retail uses. Specialty retail uses may be allowed to occupy minor portions of the Light Indus- trial/Office districts provided that intensity and traffic allocation require- ments are met and the integrity of the district is not threatened." The term "district" or "districts" means all of the lands, taken together, which are designated "Light Industrial/Office" on the Land Use Plan Maps which are a part of the General Plan. The retail aspects of this project are consistent with the limitation that specialty retail uses occupy "minor" portions of the Light Industrial/Office districts, and the project is consistent with the requirement that traffic allocation requirements are met. The project does not threaten the integrity of the Light Industrial/Office district. B. EAST SAN RAFAEL POLICIES. ESR -8. "New Business Development. In addition to Citywide economic devel- opment priorities, encourage and give priority to new business develop- ment which benefits the East San Rafael neighborhood through provision of needed services, low traffic impacts, or employment of a high per- centage of neighborhood residents." ESR -11. "Building and Automotive Services. Maintain availability of sites for building, automotive and related service industries important to San Rafael's economy and needed for the convenience of its residents and businesses." -50- ESR -13. "Limited Retail/Service Uses. Allow limited retail and commercial service uses such as deli's, copy shops, etc. which serve area businesses or employees to locate throughout industrial/office areas. Land uses with large yard operations and limited retail building square footage may be considered appropriate in industrial/office and industrial areas upon site specific review. Such uses include automobile sales centers and lumber yards. " ESR -8, ESR -11 and ESR -13 are to be read together, and no one of them is to be taken as describing an exclusive list of the uses permitted in East San Rafael. Uses permitted under any one of them (or under other specific policies) are permitted in East San Rafael. ESR -8 refers to and permits uses which further Citywide economic development priorities. This project furthers Citywide economic development priorities, is consis- tent with ESR -8, and is permitted in East San Rafael. Although permitted pursuant to ESR -8, this project would also be permitted under ESR -11, in that Home Depot is a part of, and provides services and support to, the building industry important to San Rafael's economy and needed for the conve- nience of its residents and businesses. Although permitted pursuant to ESR -8, this project would also be permitted under ESR -13, in that specialty retail uses in the project together constitute "limited retail building square footage" in the context of the project as a whole; large yard operations, in the context of current building materials retail operations, are frequently enclosed (as evidenced by the operations of other building materials and lumber retailers in San Rafael and other areas), as the lumber and building materials sales areas of Home Depot are proposed to be enclosed; and, it is the intention of ESR -13 to recognize that areas designated Light Industrial/Office constitute almost all of the supply of sites suitable for uses which require large acreages. -51- 1X14 am I 1 1.1 v 8 : ECONOMIC & PLANNING SYSTEMS r , i ■ Land Economics ■ Real Estate ■ Public Finance IZZ FINAL REPORT Economic and Fiscal Impacts of the Home Depot Prepared for: City of San Rafael Prepared by: Economic & Planning Systems, Inc. August 1993 EPS #3126 1815 FOURTH STREET, Sun -F. B BF.RKELky, CALIFORNIA 94710-1910 FAX: 510-841-9208 PHONE: 510-841-9190 SACJIl WV9n 011irr F+x 916-649 2070 I'uutie 916-649-8010 TABLE OF CONTENTS PP I. INTRODUCTION Background........................................................................................................................I-1 Approachand Methodology...........................................................................................I-1 Organizationof Report.....................................................................................................I-1 II. ECONOMIC AND FISCAL IMPACTS Home Depot Market Area ........................................ Potential Net Increase In Sales Tax Revenues ....... Taxable Sales In Communities With Home Depot III. SURVEY OF OTHER COMMUNITIES Strategies Adopted by Existing Retailers to Respond to Home Depot Competition.. Net Impact on Local Sales Tax Generation of Home Depot Opening ............................... Impact on Existing Retailers ......................... .................................... II -1 ....................................11 -2 .................................... II -4 ..................................... III -2 ............................................................. III-3 ............................................................. III -4 APPENDIX A: LIST OF SOURCES AND PERSONS CONTACTED LIST OF TABLES PA= Table 1 -- Estimate of Net New Sales Tax Revenue From Home Depot II -3 San Rafael Home Depot Economic and Fiscal Impact Analysis Table 2 -- Estimate of Potential Tax Revenue Loss Without Home Depot II -5 San Rafael Home Depot Economic and Fiscal Impact Analysis Table 3 -- Changes in Building Supply Taxable Sales 11-6 in Cities with Home Depot San Rafael Home Depot Economic and Fiscal Impact Analysis Table 4 — Percent Change in Building Material Taxable Sales 11-7 in Cities with a Home Depot San Rafael Home Depot Economic and Fiscal Impact Analysis Table 5 — Net Increase in Sales without Considering Home Depot Sales 11-9 Selected Bay Area Cities with Home Depot Stores Final Report August 27, 1993 I. INTRODUCTION BACKGROUND The City of San Rafael Planning staff have requested Economic & Planning Systems (EPS) to investigate potential economic impacts that may occur in San Rafael related to the development of the proposed Home Depot at the proposed Shoreline Center. In particular, planning staff have requested that EPS address two questions. The first question concerns the potential of a new Home Depot to improve sales tax revenues in the City of San Rafael. The second question concerns how a new Home Depot might affect local home improvement and hardware retailers. The purpose of this report is to provide City of San Rafael Councilmembers with additional information concerning the economic and fiscal implications of approving the Home Depot project. APPROACH AND METHODOLOGY To identify local sales tax impacts associated with the opening of Home Depots in the Bay Area, EPS collected and analyzed State Board of Equalization sales tax data for the years, 1985 to 1992, and in particular, years immediately preceding and following the opening of Home Depots in other Bay Area communities. We also utilized data from Home Depot on annual sales and point of sales at other Home Depots in the Bay Area. EPS surveyed finance, economic development, and planning staff in Bay Area communities in which Home Depots have recently opened. EPS conducted these interviews in order to identify retail conditions in these communities before and after the opening of Home Depots. These interviews aimed to: 1) identify how extensively the local market was served by home improvement and hardware retailers before the Home Depot opening; 2)what impacts the Home Depot opening had on existing retailers, if any; 3) what strategies existing retailers adopted to compete with Home Depots; and 4) what sales tax revenue impacts were generated by the Home Depot opening. Communities surveyed in this analysis include Concord, El Cerrito, Fremont, Rohnert Park, San Carlos, and Vallejo. ORGANIZATION OF REPORT This report is organized into three chapters. Chapter II provides an analysis of the potential economic and fiscal impacts of the proposed Home Depot in San Rafael and existing Home Depots in other communities. Chapter III reviews strategies that existing retailers have adopted to compete successfully with Home Depots, provides anecdotal information related to net local sales tax revenue impacts, and discusses the impacts that Home Depots have had on existing retailers. 1-1 Final Report August 27,1993 II. ECONOMIC AND FISCAL IMPACTS This chapter addresses the potential economic and fiscal impacts that could be associated with the opening of the new Home Depot outlet in San Rafael. There has been concern expressed by the existing hardware and building supply retailers that the new Home Depot will not lead to a net increase in sales tax revenues for the City. They contend that the Home Depot will only siphon off sales from existing stores and thus, the net new increase in sales tax revenues will be minimal. This analysis presents estimates of the potential increase in sales tax revenues should the Home Depot open in San Rafael, and contrasts this potential increase with the decrease in sales tax revenues that will occur if the store does not open. We also present information concerning historical sales tax data for other Bay Area communities with Home Depots and assess the impact of those stores on the overall building supply market before and after the Home Depot opened. Lastly, we discuss per capita sales in the building supply category and whether the San Rafael market for these goods is saturated, as was purported by Sedway & Associates. HOME DEPOT MARKET AREA Home Depots generally serve a large regional market area. According to representatives of Home Depot, the typical population threshold for a Home Depot is about 200,000 residents. Marin County with a 1993 population of about 241,000 represents one market area for Home Depot. The new Home Depot in San Rafael is intended to serve customers from Novato to the north, to Sausalito to the south and include the rural communities immediately to the west of San Rafael and San Anselmo. Home Depot does not include the Marin County coastal communities in their market area for the San Rafael site. The market area for the San Rafael store, in essence, includes the greater Highway 101 corridor within Marin County. Existing hardware/home improvement stores in San Rafael serve a smaller market area than Home Depot. Most smaller, independent hardware/home improvement stores serve a local market, such as from 3 to 5 miles, which represents only a portion of San Rafael. However, in San Rafael existing retailers serve a somewhat broader area than typical independent stores. San Rafael currently attracts hardware/home improvement sales from outside the City limits. This fact is born out by sales per capita data for San Rafael versus Marin County as a whole. In 1992, building supplies sales per capita in San Rafael were $1,677, while in Marin County the same figure was $552. As a side note, it is important to remember that 1992 figures reflect the impact of the current recession. Per capita sales in San Rafael in the late 1980s for this category ranged from $2,100 to $2,300 per capita and for Marin County this figure ranged from $900 to $1,165. Given that Home Depot has a regional drawing capability versus a local one, the new Home Depot in San Rafael would expand the City's drawing potential for sales in hardware/home improvement goods. This expanded market area translates into additional sales tax revenues for the City. The amount of new sales tax revenue and any loss of existing sales tax revenue are discussed in the next section. Final Report August 27, 1993 There has been some concern expressed that Home Depot would open an additional store between Rohnert Park and the San Rafael location. According to Home Depot staff, they have no intention of opening additional stores in this market, given the size of the market and its potential for growth. As noted above, the minimum population threshold for a Home Depot store is 200,000. Marin County's growth potential as noted by other consultants is limited due to land supply and slow growth policies. Home Depot does not foresee that additional development will occur to warrant another Home Depot other than the one proposed in San Rafael. However, if the San Rafael site is not approved, Home Depot will find another location in Marin County. POTENTIAL NET INCREASE IN SALES TAX REVENUES Table 1 presents a summary of the potential increase in taxable sales and sales tax revenues in the building supply category for San Rafael. This analysis uses total 1992 taxable sales in building supplies and farm implements from the State Board of Equalization as an indicator of potential sales tax impacts. As shown, San Rafael had about $85.3 million in sales, and correspondingly, received about $853,200 in sales tax revenue from building supplies. Home Depot expects to generate about $30 million in sales for their first year in San Rafael which would generate about $300,000 in sales tax revenue for the City. In order to estimate what the net new addition in sales tax revenue might be, several items must be considered, as follows. First, the County of Marin currently loses customers and thus, building supply sales, to Home Depots in Rohnert Park and El Cerrito. Based on Point of Sales Survey data gathered by Home Depots at the cash register (i.e., zip code of the customer), it is estimated that 13 percent of the Rohnert Park Home Depot stores' sales are from Marin County residents. The El Cerrito store, which opened about two months ago, estimates that 12 percent of its sales are from Marin County residents. The dollar figures associated with this sales leakage from Marin County are shown in Table 1. Lost sales to the Rohnert Park store are estimated at $5.07 million and to the 0 Cerrito store, $4.26 million. This amount of sales, about $9.33 million, would likely occur at the San Rafael Home Depot, should it open. First year sales from the Home Depot store are estimated at $30 million. Assuming that the sales captured from the Rohnert Park and El Cerrito store are included in this amount, additional new sales for the new store would be $20.67 million. Second, it is suggested that when Home Depot stores open in a particular community, existing hardware and building supply retailers lose from 10 to 30 percent of their sales to Home Depot. For this analysis, we have used the mid -point of 20 percent. The rationale for this figure is provided in the following section of this chapter. Thus, potential loss in sales at existing hardware and building supply retailers is estimated at $17.06 million. After considering the potential loss in sales at existing stores, net new sales with Home Depot would total about $98.3 million. The net gain between 1992 sales and sales with Home Depot, accounting for a loss at some existing stores, would total $12.9 million. This amount of net new sales would generate about $129,400 in annual sales tax revenues to the City. 11-2 Table 1 Estimate of Net New Sales Tax Revenue From Home Depot San Rafael Home Depot Economic and Fiscal Impact Analysis Total Annual Estimated Annual Item Taxable Sales Sales Tax Revenues (1) Building Supply/Farm Equip. 1992 Taxable Sales in San Rafael (2) $85,320,000 $853,200 NET NEW SALES IN SAN RAFAEL Sales Captured from Rohnert Park Home Depot - 13% (3) $5,070,000 $50,700 Sales Captured by El Cerrito Home Depot - 12% (3) $4,260,000 $42,600 Additional New Sales from Home Depot In San Rafael (4) $20,670,000 $206,700 Total Sales in San Rafael w/ Home Depot $115,320,000 $1,153,200 20% Reduction in Sales at Existing Stores (5) ($17,064,000) ($170,640) Total Sales with Home Depot $98,256,000 $982,560 TOTAL NET GAIN IN SALES $12,936,000 $129,360 (1) The City receives one percent of total sales tax revenue. (2) Based on data from the State Board of Equalization. (3) Based on data provided by Home Depot and Its consultant, Thompson Associates. 13% of the Rohnert Park Home Depot stores customers are from Marin County and 12% of the EI Cerrito Store's customers are from Marin County. It is assumed that these customers would shop at the new San Rafael Home Depot. Rohnert Park total sales are estimated at $39 million per year, EI Cerrito are estimated at $35.5 million per year. (4) Represents the additional sales from the expanded market area which Home Depot serves, i.e., $30 million less capture of Marin County residents In Rohnert Park and EI Cerrito. (5) Assumed impact of Home Depot opening; based on interviews conducted by EPS, and data from Sedway 8 Associates letters, and recent newspaper articles. This represents the worse case scenario. Sources: City of San Rafael; Home Depot; Thompson Associates; and Economic and Planning Systems, Inc. II -3 Economic & Planning Systems, Inc. H.13126SRF1MODELITBIR.XLS Final Report August 27, 1993 Table 2 presents an analysis of the potential impacts of Home Depot not locating in San Rafael but elsewhere in Marin County. Representatives from Home Depot have indicated that if the project is not approved in San Rafael they will find another site in Marin County, ideally close to San Rafael. Home Depot has every intention of locating in Marin County so as to serve this market. Although Home Depot does not have alternative sites identified at this time, they will immediately search out new sites if the San Rafael site is not approved. It is very likely that if Home Depot locates elsewhere in Marin County that there will still be a net loss of sales at existing hardware and home improvement retailers. Home Depot has a regional drawing power. Most local retailers' market area is smaller than Home Depot's, i.e., they do not have the same regional drawing power. It is difficult to assess exactly what this loss may be; however, it is likely to be less than if the Home Depot opened in San Rafael. We assume that some shoppers will continue to do their shopping within the City limits for convenience reasons. For this analysis, we assume that 15 percent of existing sales would be lost or about $12.8 million. In addition to this loss, the City would also forego the net new sales associated with the Home Depot, i.e., $12.9 million. Thus, if Home Depot does not locate in San Rafael, the City could lose up to $25.7 million in annual taxable sales or $257,340 in annual sales tax revenue. Therefore, the difference in sales tax revenues to the City if Home Depot locates in San Rafael (i.e., gain of $129,360) compared to Home Depot locating elsewhere in Marin County (i.e., loss of $257,340) is equal to $386,700. TAXABLE SALES IN COMMUNITIES WITH HOME DEPOT This section reviews taxable sales data for communities in the Bay Area that have recently acquired a Home Depot. These communities include Concord, Fremont, Rohnert Park, San Carlos and Vallejo. Although a Home Depot just opened in El Cerrito, sales tax data for 1993, which reflects the opening, is not available. Table 3 presents taxable sales data in the building supplies and farm implements category from the State Board of Equalization for the years 1985 to 1992, which is used in Table 4. All figures are in thousands of constant 1992 dollars. Home Depot began its presence in the Bay Area in 1986. Table 3 also shows the year in which the Home Depot opened in each community. Concord has the highest taxable sales in the building supply and farm implements category of the five cities reviewed, with sales in 1992 at about $127.9 million. Rohnert Park, whose Home Depot opened about 10 months ago, has the lowest sales of the five cities, with about $35.5 million in 1992. These data reflect the effects of the current recession. As shown, taxable sales in building supplies for 1990 to 1992 have remained relatively flat or decreased in some cases, reflecting the effects of the current recession. In the case of Fremont, sales have dropped significantly from a 1990 high of $121.2 million to $90 million in 1992. Fremont staff indicated that this drop in sales is due to a lack of construction activity in the City. Table 4 presents a summary of the percent change in taxable sales in building supplies in these communities the year after Home Depot opened in each community (the years vary for each city). In all five cases, there was an overall increase in taxable sales after Home fi-4 Table 2 Estimate of Potential Tax Revenue Loss without Home Depot (1) San Rafael Home Depot Economic and Fiscal Impact Analysis Item Building Supply/Farm Equip. 1992 Taxable Sales In San Rafael 15% Reduction in Sales at Existing Stores (2) Foregone Net New Sales (3) Total Annual Estimated Annual Taxable Sales Sales Tax Revenues $85,320,000 $853,200 ($12,798,000) ($127,980) ($12,936,000) ($129,360) Net Sales in San Rafael $59,586,000 $595,860 TOTAL NET LOSS IN SALES ($25,734,000) ($257,340) (1) Estimate of impact if Home Depot does not locate in San Rafael but elsewhere in Marin County, as is their intention. (2) Equals the estimated sales that would be lost at San Rafael existing harware and home Improvement retailers 125 If Home Depot located elsewhere in Marin County. Actual sales may be more or less. (3) See Table 1. Sources: City of San Rafael; Home Depot; Thompson Associates; and Economic and Planning Systems, Inc. 11-5 Economic & Planning Systems, Inc. 8127193 H.'W26SRFW00ELITBIR.XLS II -6 m C2 Z C0 v rn � LO N m O "Ji M N r 64 69 69 Ki 69 r LO LO LO rn CLI O r (D C} '- T T Cl) T O T O M CD qqt T r r 64 6% 69 64 co O � O Il- Cl Nt (D co r (•) 0) N 0 r r N 04 r m .1i 6S r 64 U'+ d� — CO T (D r CA (D Ch N r f,- CL o 0) r CD C�_ r � 0 0)0 C14 r f9 LO E9 It E9 N N E9 EA C � r — (D N O Ul) m pl oo Cn co U') N Ld CA m C C 69 (n V CO cc C O IcT 'T LO a) NLO r O N r O f- CA Cn M O o CA [D a0 O d N ca C F L O >. _ (p (CD CD IN N O CU cr) r Cr) r C co O N to co N V d lfl CL V E o rn o a� o v (mD of � N r ER I- (H Eii 69 M 6A U. to d � V Cc r O Q m r co rn N rn r- L- d (is D C a) T r r rn rn T a w w S. -c .ri > T >. >. CL E O Ci a) o > .. O Q tL Z N o.IM _ 0 C � d E O M = r ,Y C O 4) a dl G a- «. c ° r o d IM m m E u c V 'a�") c V IDr Q c N � FO- U N U = li II -6 m C2 Z � 0- � A �■� � 4). o k CD .0 3 tk00 2 0 k � e■Ao v 3 3 -5- 6 � 3 . � 0 t t» 3 $ t & 3 t 340, .0r � o o k CD » cp 2 0 k $� ■ � e■Ao v 3 3 -5- :0: 0 ° 0 t $ 0 3 3 t 340, .0r A ■ ■ ®a to 6% K $� ■ � e■Ao v 3 3 -5- :0: 0 ° 0 t $ 0 3 400 6-e ■ 4A c o o 0 . t 3 � so 6% Final Report August 27,1993 Depot opened. In the case of Rohnert Park and San Carlos, this increase is significant, at 85 percent and 52 percent, respectively. In the cases of Concord, Fremont, and Vallejo, the increase in sales is smaller but still positive. The percent increase in sales for the 1985 to 1992 period in all communities is significant, ranging from 23 percent to 138 percent. There has been much anecdotal information circulating concerning the loss of sales at existing retailers due to the opening of Home Depot. The amount of this loss has been estimated at from 10 to 30 percent. Table 5 presents an analysis of the actual loss in the first year after Home Depot opened in Concord, Fremont and San Carlos. Data for Rohnert Park and Vallejo is not available. In Concord, the Home Depot opened in April of 1991; taxable sales in that year are reported at $111.9 million. Home Depot reports that sales for the partial year at the Concord store were $25.1 million. Thus, sales at existing building supply retailers, not including Home Depot sales, totaled about $86.8 million. Taxable sales in the previous year, i.e., without Home Depot, were $102.4 million. Based on this data, there was a loss in sales at existing retailers of about $15.6 million, which represents a 14 percent reduction in sales. Thus, the impact of the Home Depot on existing retailers in Concord for the first year of operation can be estimated at 14 percent. In Fremont, the net impact of the opening of Home Depot was positive by $4.5 million or 4 percent of existing sales. That is, in Fremont, existing retailers experienced an increase in sales rather than a loss after Home Depot opened. In the case of San Carlos, there was a net loss of 11 percent in sales for the first year Home Depot opened. Home Depot in San Carlos opened in July of 1989. As discussed above, San Carlos experienced a significant growth in taxable sales once Home Depot opened. The San Carlos store serves the broader San Francisco market, according to Home Depot. Sales per capita in San Carlos also bear out this conclusion. Based on the performance of other communities with Home Depots, the impact on existing retailers appears to be less than that reported in interviews with store owners. Although this data is not conclusive, it does suggest that the impact on existing stores could range from a loss of 14 percent to a small gain in sales. Even though the experience of these three stores may not be conclusive, we feel it is reasonable to estimate the potential loss of sales at existing stores at 20 percent which is the mid -point of the reported impact by store owners. We feel this figure represents a realistic and perhaps conservative estimate of potential impact. 11-8 II -9 �y N O A Q7 0 0] O O O It _ \ T a0 m C (� = EA 64). 66% m N � m O) c 1 � W Q � LL C C m IT c0 � � N 0 °v a ii E O$ O O N f- N U) E06 r cd N .1d Q�cp i -V LL y LL r t4 Eg 6f3 Ff? U `o 0 o9W N ay O N N N G � m a) fl- CD co LO OD ao (V M r O r O O OD « V o r !n a0 CV Lo' 0 U a Q r 6% � 6 6f. 6v d (D � Cdl m E` `o m c O « C Q1 « «!?L a CL C .. O C c0 o v a C `° o 19 a5 FL L CL d E 0 O .3 M 0 O = •• O 0 art E E CDQ, 0 Z o a G eo = `- m -0 rn 0 m c m as v U a O d c au >- _ � O eu CE m m vl 0 S. au 0 a ,0 v w O O ' m cQ a ""o a`9 v a N cc 13 a � = v � � m ao tin a10i Ln C «O. m v _ L ,p 0 m E ltf N °� t0 C °'.. v Hco r z m z I.-zu) } II -9 �y Final Report August 27, 1993 III. SURVEY OF OTHER COMMUNITIES In this chapter, we discuss the impacts on existing hardware and home improvement retailers that result from competition with Home Depot outlets in other Bay Area communities. We also assess the strategies that hardware and home improvement stores have used to compete with Home Depot. Finally, we address the net fiscal impact of Home Depots in these communities. Cities surveyed include Concord, El Cerrito, Fremont, Rohnert Park, San Carlos, and Vallejo. EPS has arrived at five observations about the home improvement and hardware retail market, and in particular, about the impact of Home Depot on this market. These observations are: 1. Many home improvement/hardware stores located near Home Depots have competed successfully with Home Depots by differentiating themselves from Home Depot. Successful differentiation strategies include the development of specialty lines of business and service provision. 2. Increases in the number of shopping trips to Home Depots can be used to increase sales at existing and new stores near Home Depots. 3. Home Depot openings have generated positive net impacts on local sales tax revenues in every instance studied by EPS. The sizes of the net impacts have been estimated to vary from location to location. 4. In most instances studied by EPS, only a few existing home improvement/ hardware retailers went out of business at the time that a Home Depot opened nearby. However, these store closures were often precipitated by events besides the Home Depot opening. 5. All the stores that have closed have been of one type: small, privately -held stores that offer the same range of goods and services available at Home Depots but at higher prices. The bases for these observations regarding the home improvement and hardware retail market are presented in the following three sections. The information provided in this chapter is based on interviews with finance, economic development, and planning staff in the communities of Rohnert Park, Santa Rosa, Vallejo, F1 Cerrito, Concord, San Carlos, Union City, and Fremont. Where possible, home improvement/hardware store managers have been contacted as well. A list of sources and persons contacted is provided in Appendix A. Final Report August 27, 1993 STRATEGIES ADOPTED BY EXISTING RETAILERS TO RESPOND TO HOME DEPOT COMPETITION This section provides more detailed information about the strategies that retailers have adopted to respond to competition from Home Depot. It also discusses two observations about these strategies. The first is that many stores have successfully competed with Home Depot by developing specific market niches that Home Depot does not serve. The second is that some stores are able to take advantage of Home Depot's store traffic to increase sales for themselves. In each of the communities surveyed, many stores have adopted strategies for competing successfully with Home Depot outlets. In general, these strategies involve identifying a market niche that Home Depot does not occupy, or providing a service that Home Depot does not provide. These market stratification strategies require that existing hardware and home improvement stores actively seek ways in which to differentiate themselves from Home Depot, and/or ways in which to cooperate with Home Depot. The ways in which these strategies have been adopted around the Bay Area are discussed below. In El Cerrito, existing hardware and home improvement stores have developed several tactics for competing with Home Depot. El Cerrito Mill and Lumber is using its equipment and materials to construct a Victorian facade for its building as a demonstration of what home improvement services they can provide. They have also met directly with Home Depot management to discuss ways the two stores can cooperate. Past Time Hardware has evaluated its inventory and has cast off its lines of lighting and lighting fixtures because it does not believe that it can compete successfully with Home Depot in this product line. In addition, a number of small businesses in El Cerrito that may be negatively affected by the Home Depot have organized to discuss a joint marketing strategy that would differentiate them as a group from Home Depot. In San Carlos, many of the hardware and home improvement stores that have competed successfully with Home Depot have pursued strategies related to the development of market niches. Thus, in San Carlos, successful competitors of the Home Depot include a specialty paint store, a specialty lighting store, a specialty tools store, and a specialty lumber yard, among others. It is not clear that these retailers have directly acted to change their product lines so as to occupy a market niche. However, it is certainly the case that stores that have occupied specialty niches have prospered. Management at Marcus Supply (the former C. Marcus Hardware) in Oakland also has suggested that it is possible for smaller retailers to develop successful strategies to compete with discount retailers. Store management did not care to specify the details of the strategies they intend to adopt. However, they did comment that "it is necessary to be smart and good at what you do" when developing strategies. 111-2 Filial Report August 27,1993 Locating near big -box retailers such as Home Depot is also a potentially successful strategy for both home improvement/hardware retailers and other businesses. There are numerous newspaper and magazine articles that report the success of this strategy, particularly for retailers competing with Wal-Mart. Many retailers have found that by eliminating product lines that Wal-Mart provides better, and by providing services that Wal-Mart cannot provide, they can not only survive but improve their business by taking advantage of the shopping trips that Wal-Mart generates. The comments of Orchard Supply Hardware's vice president of marketing suggest that the same dynamic exists in the home improvement/hardware market. Orchard Supply Hardware (OSH) specializes in repair and maintenance, whereas Home Depot specializes in sales of the goods and merchandise that may eventually need repair. OSH has recently opened an outlet very near the site of the proposed Home Depot site in San Rafael. OSH opened this outlet knowing that a Home Depot outlet might locate nearby. Although the information provided by City staff in the remaining cities surveyed are not as detailed as that for El Cerrito and San Carlos, no information provided contradicted our observations. NET IMPACT ON LOCAL SALES TAX GENERATION OF HOME DEPOT OPENING Detailed sales tax data for individual stores is very difficult to obtain. This is because sales tax data at the individual store level is considered confidential information. This section discusses anecdotal information concerning the net impacts of Home Depot openings on local sales tax revenues. The conclusions presented in this section are qualitative in nature, and are based on observations about local marketplaces as well as information provided by finance and economic development staff. As discussed in Chapter II, the presence of Home Depot has had a net positive impact on sales tax revenues in all of the communities surveyed. However, the magnitude of the impact has varied from location to location. In Rohnert Park, the sales tax revenues generated by the City's new Home Depot are almost predominantly new to the City. This is because the pre-existing hardware or home improvement retail base was very small in comparison to the sales generated by the Home Depot. In San Carlos, sales tax revenues generated by Home Depot also appear to be largely new to the City. However, this is not because of the absence of a pre-existing hardware and home improvement retail base. Instead, it is because most of the retailers in the City have been unaffected or slightly affected by competition with the Home Depot, for reasons discussed in the previous section. III -3 Final Report August 27, 1993 Sedway & Associates has provided Council with an analysis of the sales tax revenue impacts on the City of Vallejo. Although we do not disagree with their analysis, we differ on the conclusions drawn by Sedway & Associates. Sedway's analysis shows that some existing hardware and home improvement retailers have suffered a loss in sales since the opening of Home Depot. However, it is important to note that their analysis shows there has been an overall increase in sales in the building supply category. Sedway notes that overall, the decline in sales averaged 11 percent for existing retailers. Our analysis in Chapter II confirms this conclusion, that is, certain existing hardware and home improvement retailers have experienced a loss of sales ranging from 11 to 14 percent, after a Home Depot opens. In Concord, staff have indicated that it is too complicated for them to assess the proportion of Home Depot sales tax dollars that are new to the City. This is because the City has lost two hardware stores (C. Marcus Hardware and Simons) but has simultaneously added an OSH, a Yardbirds, and a Home Depot. One Concord planning staff member suggested that the Concord Home Depot tax dollars might be as much as 80 percent new because until recently the store had been the only Home Depot serving eastern Contra Costa County. However, this assessment cannot be verified. The El Cerrito store opened in July 1993, and as a result there is no sales tax data available yet. Fremont staff were not available to comment on the net impact of the Fremont Home Depot's contribution to the City's sales tax base. IMPACT ON EXISTING RETAILERS In each of the communities surveyed for this analysis, the opening of a Home Depot in a community was associated with the closure of a few local hardware and/or home improvement stores. However, the reasons why these stores closed are complicated, and suggest that the opening of the Home Depot itself is not the sole contributing factor. For example, a Simons hardware store and a C. Marcus Hardware store closed in Concord shortly after the opening of the Home Depot. However, the Home Depot was preceded by the openings of a Yardbirds and an Orchard Supply Hardware store. Thus, by the time that the Concord Home Depot opened, the closed stores' competition had already substantially increased with the addition of OSH and Yardbirds. Several other store closures in Bay Area communities have been associated with but, in EPS' view, not directly attributable to Home Depot openings. In San Carlos, two small stores closed. The Bruce Bauer store reportedly closed because two grade separation projects in the City eliminated the store's property. The Star Hardware store closed at the time the Home Depot opened, but the owners were reportedly going to retire anyway. In El Cerrito, a True Value Hardware store closed six months before the opening of the Home Depot. However, that store had already been experiencing financial difficulties. In Oakland, C. Marcus Hardware closed due to concerns that it could not compete successfully with big - box discount retailers. However, a private party has purchased the business and has re- opened it as Marcus Supply with approximately the same product and service lines as the former business. III -4 Final Report August 27, 1993 While it is difficult to specify the exact reasons for store closures, it is possible to generalize about the type of store that closed. The hardware and home improvement stores that closed were typically small and independently owned and operated. They provided a wide range of items, ranging from gardening supplies to plumbing to construction tools and materials. Thus, they mirrored the range of goods provided by Home Depot but did not have the massive purchasing power that permits Home Depot to offer its low prices. The stores that have not gone out of business have typically been other chain hardware stores, stores that occupy a particular niche in the hardware and home improvement market (e.g., lighting or specialty milling), or stores that emphasize qualities such as service and employee expertise that cannot be matched by Home Depot. 111-5 r ECONOMIC &PLANNING SYSTEMS Final Report 1p,, August 27, 993 Appendix A: List of Sources and Persons Contacted Final Report August 27, 1993 LIST OF SOURCES AND PERSONS CONTACTED Altwary, Dan; C. Marcus Hardware Cullinan, Liz; Planning Department, City of San Carlos Fontes, Mark; Economic Development Department, City of Vallejo Freedman, Gary; Orchard Supply Hardware, City of San Rafael Golick, David; Planning Department, City of Concord Harrell, Mike; Finance Department, City of Rohnert Park Liu, Beth; Finance Department, City of San Carlos Panek, Ray; Redevelopment Agency, City of Concord Phillips, Ed; Planning Department, City of El Cerrito Ranch, Marjorie; Chamber of Commerce, City of San Carlos Raycraft, Gerry; Redevelopment Director, City of El Cerrito Rogers, Greg; Department of Administrative Services, City of Santa Rosa Skanky, Paul; City of Rohnert Park