HomeMy WebLinkAboutPlanning Commission 2013-10-15 #3CITY OF
Community Development Department— Planning Division
P. O. Box 151560, San Rafael, CA 94915-1560
PHONE: (415) 485-3085/FAX: (415) 485-3184
Meeting Date:
Agenda Item
October 15, 2013
Case Numbers: UP13-001; ED13-002
Project Planner: Steve Stafford — 415.458.5048
REPORT TO PLANNING COMMISSION
SUBJECT: 999 3rd Street (Former PG&E San Rafael Manufactured Gas Plant Site) — Requests
for a Use Permit and an Environmental and Design Review Permit to allow excavation
and off -haul of approximately 35,000 cubic yards of "lampblack" contaminated soil and
backfill of approximately 42,000 cubic yards of 'clean' imported soil, compacted to the
existing finished grade and finished with an asphalt 'cap'. The three existing buildings
on the site are proposed to remain. Redevelopment of the site is not proposed at this
time by the project; APN: 011-265-01; Second/Third Street Mixed Use East (2/3 MUE)
District Zone; Patricia Sullivan for PG&E, Applicant; Pacific Gas & Electric (PG&E),
Owner; Case Numbers: UP13-001; ED13-002
EXECUTIVE SUMMARY
Pacific Gas & Electric Co. (PG&E) proposes remedial activities to remove soil and soil gas contaminants
at the site; principally "lampblack", a byproduct of former coal -gasification activities on the site, that
contains arsenic, benzene, toluene, cyanide, lead, polycyclic aromatic hydrocarbons (PAHs) and total
petroleum hydrocarbons (TPHs). The project proposes to excavate and remove approximately 35,000
cubic yards of contaminated fill and Bay Mud, to a depth of up to 25' below the surface, and backfill the
excavated areas with approximately 42,000 cubic yards of 'clean' fill material, compacted to the existing
finished grade and replace the existing asphalt site covering. These remedial activities are proposed over
a two (2) grading seasons (April 15th - October 15th; 2014 - 2015) and do not include the areas
underneath the existing buildings on the site. The project is limited to remediation of the site and does
not propose redevelopment at this time. The completion of the project will allow the State Department of
Toxic Substances Control (DTSC) to approve a request by PG&E to amend an existing land use deed
restriction, which currently prohibits residential use on the site, and allow PG&E to develop a
redevelopment strategy for the site, including sale of the site.
DTSC is the 'lead agency' for the project and, on August 29, 2012, approved a Remedial Action Plan
(RAP) for the site. The RAP was based on a Negative Declaration (ND) prepared and adopted by
DTSC, which determined that the project will not result in any significant environmental impacts and will
meet the provisions of CEQA (California Environmental Quality Act).
The project requires the following discretionary approvals from the City of San Rafael:
A Use Permit (UPI3-001)for the proposed grading in excess of 1,000 cubic yards of 'cut' and
2,000 cubic yard of fill; and
An Environmental and Design Review Permit (ED13-002) for both the proposed grading and the
minor modifications to the site's existing landscaping and perimeter fencing.
The project, essentially, requests a grading permit from the City to allow significant site grading. The City
is using the Initial Study and the ND prepared for the project and adopted by DTSC to meet CEQA
requirements. The ND determined the project will have "No Impact" or a "Less Than Significant Impact"
on all environmental factors and do not warrant further study or mitigation measures.
REPORT TO PLANNING COMMISSION - Case Nos: UP13-001; ED13-002 Page 2
RECOMMENDATION
It is recommended that the Planning Commission (Commission) adopt the attached Resolution (Exhibit
2) approving the project (UPI3-001and ED13-002) with conditions.
PROPERTY FACTS
Address/Location:
999 3rd Street (Btwn 2"d & 3`d
Parcel Number(s):
011-265-01
Project Site:
Streets; Brooks & Lindaro
2"d/3rd Street Mixed
Vacant Lot w/3
Streets
Use East (2/3 MUE)
Vacant Structures;
Property Size: 1 132,300 sq. ft. 3 acres Neighborhood: I Downtown
Site Characteristics
General Plan Designation Zoning Designation Existing Land -Use
Project Site:
2nd/3rd Street Mixed Use
2"d/3rd Street Mixed
Vacant Lot w/3
(2/3MU)
Use East (2/3 MUE)
Vacant Structures;
Leased Parking Lot
North:
2/3MU
2/3 MUE
City -Owned Parking
Structure; Commercial
Retail
South:
2/3MU; Lindaro Office (LO);
2/3 MUE; P/QP; PD
Apartments (Albert
Public/Quasi-Public (P/QP)
(1901)
Lofts); PG&E
Transmission
Substation; Private
Parking Structure (SR
Corporate Center
East:
2/3MU
2/3 MUE
Commercial Retail
West:
2/3MU
2/3 MUE
Commercial Office
Site Description/Setting:
The subject site is a three (3) -acre, rectangular -shaped, Downtown parcel located between 2nd and 3rd
Streets, one-way/east-west major commute corridors into and out of San Rafael, and Brooks and Lindaro
Streets. It is a nearly flat lot (0.7% average cross -slope, approximately) which is also located within the
Downtown Parking District. The site is principally vacant.
It is developed with three (3) vacant buildings (a two-story, 25,000 sq. ft., office building, located at the
northwest corner of the lot, and a single -story, 8,300 sq. ft. "Meter Reader" warehouse and a single -story,
900 sq. ft. "Telecom" building, both located at the southwest corner of the lot) and a private parking lot, a
portion of which is currently leased to the Downtown BID to provide merchant parking (Exhibit 3; Figure
2). Both the office building and "Meter Reader" warehouse continue to be used by owner Pacific Gas &
Electric (PG&E) for storage. Vehicle access driveways to the site are located along the 3rd, Brooks and
Lindaro Street frontages. The entire site is secured and screened by 8' -tall chain link fencing with privacy
slats or privacy fabric. The leased parking area is separated from the remainder of the site by chain link
fencing and accessed from Lindaro Street. Site landscaping is limited to existing perimeter raised
planters along the 3rd and Brooks Street frontages with a mixture of accent trees, shrubs and
groundcover. Existing street trees are located along the 2"d, Brooks and Lindaro Street frontages.
The site was once part of a larger, 17 -acre, former PG&E San Rafael Service Center, the bulk of which
has been redeveloped as a commercial office park (the "San Rafael Corporate Center"); only the subject
REPORT TO PLANNING COMMISSION - Case Nos: UP13-001; ED13-002 Page 3
site and the 1.5 -acre, transmission substation parcel, located immediately south of the site, continue to
be owned by PG&E (Exhibit 3; Figure 3).
BACKGROUND
The initial "San Rafael Manufactured Gas Plant" (MGP) was originally constructed in 1875 in the
northeastern portion of the subject site and expanded over the remaining portions of the site through the
1920s.The MGP produced gas from coal to meet the lighting, heating and cooking needs of local
residents. The use of natural gas arrived in San Rafael in 1930 and the MGP was essentially shut down
and put on standby status until 1960 when it was dismantled and removed from the site. Only the "Meter
Reader" warehouse remains from this time period. In 1965, the office building was constructed on the
site and used as the PG&E North Bay Division offices until it closed in the late 1990s.
Environmental investigations resulted in the construction of a groundwater extraction and treatment
system and the placing of a deed restriction requiring an asphalt or concrete 'cap' over large portions of
the San Rafael Service Center site. Based on the results of these investigations, the site is underlain by
fill material, Bay Mud and Franciscan Assemblage bedrock. Generally, fill material is present to a depth
of 5-8' across the site. Shallow groundwater areas are observed 3-6' below the ground surface, occurring
primarily within fill material overlaying Bay Mud.
Contaminants have been found throughout most of the site in the shallow fill soil and in the upper few
feet of underlying native Bay Mud, primarily in the upper 3-8' but extending 15-25' around and below two
former in -ground gas holder structures.
A Human Health Risk Assessment (HHRH) conducted on the site detected chemical levels in the soil and
soil gas that do not pose a health risk above acceptable levels to on-site and off-site commercial workers
and off-site residential populations. However, removal or alteration of the protective cap on the site or
redevelopment of the site with residential land use or mixed use (commercial and residential) may result
in human health risks above an acceptable risk range.
Groundwater is not used on the site as a potable drinking water source. Though elevated contaminant
concentrations have been detected in groundwater wells on the site, these have been at relatively low
concentrations or contained within a slurry wall and extracted by the existing groundwater extraction and
treatment system located on the San Rafael Corporate Center campus.
PROJECT DESCRIPTION
Grading
The project proposes to excavate and remove approximately 35,000 cubic yards of contaminated fill and
Bay Mud, to a depth of up to 25' below the surface, and backfill the excavated areas with approximately
42,000 cubic yards of `clean' fill material, compacted to the existing finished grade and replace the
existing asphalt site covering (Exhibit 3; Figure 4).
These remediation activities are proposed to be completed in 8 to 10 months phased over two (2)
consecutive grading seasons (April 15th - October 15th; 2014 - 2015) and do not include the areas
underneath the existing buildings on the site. At the completion of the first grading season, all
excavations will be backfilled, compacted, graded and paved with finished grades re-established to
facilitate appropriate drainage on the site. Those areas of the site proposed for remediation during the
second grading season are proposed to remain `capped', without removal of the existing asphalt paving,
until the start of the second grading season. During the period between the two grading seasons, no
loose soils or stockpiles of fill materials will remain on-site.
REPORT TO PLANNING COMMISSION - Case Nos: UP13-001; ED13-002 Page 4
Soil stockpiling, both excavated contaminated soil and imported `clean' soil, will occur during remediation
activities on a short-term basis. Excavated soils will be removed from the site by truck with a few days of
excavation, transported by truck to the Richmond rail terminal (Seaver Yard), then transported directly to
the Republic Services ECDC Landfill in East Carbon, Utah.
Transportation
It is estimated that approximately 2,200 truckloads will be needed to remove the impacted soil from the
site and approximately 2,500 truckloads will be needed to import `clean' backfill material to the site. The
project proposes an average of 30 truck traffic trips per day during excavation and an average of 40 truck
traffic trips per day during import of clean backfill materials, between the hours of 7 a.m. and 5 p.m.
Monday through Friday.
Trucks shall be covered with a secured tarp before transport both leaving the site. Trucks will be routed
to/from the site along the City's major commercial corridors, 2nd and 3rd Streets, and will avoid residential
areas. Trucks will enter the site at two (2) existing gates along 3rd Street and exit the site at two (2) gates
(one existing; one new temporary gate) along Lindaro Street before connecting with 2nd Street and
entering U.S. Highway 101 at the Netherton Street onramp for transport to the Richmond rail yard
(Exhibit 3; Figure 5).
Traffic control measures include widening the left turn lane into the site along 3 d Street by using the
portions of the street -side parking lane, using flagman to assist trucks along Lindaro Street and to control
pedestrian traffic when and where necessary, and implementing notification signage in advance of, and
throughout, the project, at and around the site.
Truck staging locations are currently unknown though they will be situated on private property outside the
Downtown, within a 5 to 10 minute drive time to the site. Trucks will be radio -dispatched to the site. No
more than 4 to 5 trucks, with either impacted soil for off -haul or with imported 'clean' soil, will be on-site
at any time. During morning peak commuting traffic periods (7 — 9 a.m.) and after 3 p.m., the number of
trucks to and from the site will be limited to approximately one truck every 15 minutes or more in each
direction.
Approximately 10 to 20 project -related employees (construction workers, engineers, PG&E agency
representatives) are anticipated to be on-site at any time, depending on the particular phase of the
project. All employee parking will occur on-site when possible or within the street -side parking lane along
both Brooks and Lindaro Streets directly adjacent to the site or within the City's public parking facility
along 3`d Street across from the site.
Parking
The commercial parking area of the site, which is currently leased to the Downtown BID to provide
merchant parking, will not be replaced. The project simply proposes to remediate the site and secure it
for future sale and redevelopment.
Landscaping
The proposed soil remediation activities include the perimeter landscape planters on the site (Exhibit 3;
Figure 6). The project proposes to excavate and remove impacted soils from existing raised landscape
planters along 'both the 3rd and Brooks Streets and backfill with `clean' topsoil. All existing raised
landscape areas will remain with the exception of the `lava -rock' planter located between the two existing
site gates along 3`d Streets. This planter is proposed for removal to facilitate trucks entering the site and
to limit slowdowns of vehicular traffic along 3`d Street. Six (6) existing trees (three 15" -diameter Carob
trees; two 10" -diameter Acacia trees; one 36" -diameter Eucalyptus tree) are proposed to be protected
while three (3) existing trees (multi -trunk Japanese maple trees) are proposed to be removed. All existing
understory vegetation (shrubs and groundcover) is proposed to be removed. Existing raised planters
around the former office building at the northwest corner of the site are proposed to be re -landscaped
REPORT TO PLANNING COMMISSION - Case Nos: UP13-001; ED13-002 Page 5
with a total 222, 5 -gallon shrubs, including Coleonema Pulchrum "sunset gold", Pittosporum Tobira
"variegata', Pittosporum Tobira "wheeler's dwarf" and Pittosporum Tenufolium "marjorie channon".
Existing street trees along 2nd, Brooks and Lindaro Streets are proposed to be preserve, with the
exception of 1 or 2 American Ash trees along Lindaro Street which may require removal to accommodate
the installation of a second truck exit gate. While most of these existing street trees are located within
sidewalk tree wells, the project proposes to create sidewalk tree wells around four (4) street trees along
2nd Street and 2 to 4 street trees along Lindaro Street (if the project requires the removal of 1 - 2 street
trees to accommodate a second temporary truck exit, the project will create sidewalk tree wells around
all remaining street trees).
Fencing
The project proposes to replace a significant portion of the existing perimeter fencing at the conclusion of
the project (Exhibit 3; Figure 7). Existing 6' -tall wood fencing along 2nd Street and wrought iron fencing
and gates along Brooks Street are proposed to be protected in place while existing chain-link fencing
along 2nd 3 d and Lindaro Streets is proposed to be replaced with an upgraded, more uniform design,
perimeter fence. The new perimeter fencing will be 6 -tall, black vinyl -coated, chain-link fencing. It will not
have any screening material (fabric or plastic inserts) consistent with the recommendations of the San
Rafael Police Department. The two (2) existing chain-link gates along 3rd Street will be removed by the
replacement fencing and its location will be realigned to the property line by the removal of the raised
landscape planter discussed above in detail. Similarly, the second temporary truck exit gate along
Lindaro Street, proposed to be installed during the remediation activities, will be removed by the new
perimeter replacement fencing.
The existing chain-link fencing, which currently separates the eastern portion of the site (leased to the
Downtown BID for commercial parking) from the remainder of the site, will be removed and not replaced.
Permits Required
The project requires the following discretionary approvals from the City of San Rafael:
A Use Permit (UP13-001) for the proposed grading in excess of 1,000 cubic yards of `cut' and
2,000 cubic yard of fill; and
An Environmental and Design Review Permit (ED13-002) for both the proposed grading and the
minor modifications to the site's existing landscaping and perimeter fencing.
ANALYSIS
San Rafael General Plan 2020 Consistency:
The project is generally consistent with all applicable General Plan policies, which are few since no
redevelopment of this site is proposed at this time. The project proposes to implement a subsoil
remediation plan and the PG&E site will appear essentially the same after the completion of the project.
The existing buildings will remain in their current location and unoccupied. The bulk of the site will
continue to be covered by an asphalt `cap'. The existing perimeter fencing and landscaping will be
primarily preserved and upgraded. Only the commercial parking lot use will no longer exist. A complete
analysis of the project's consistency with the applicable General Plan policies in provided in Exhibit 4.
Zoning Ordinance Consistency:
Chapter 5 — Commercial/Office Districts
PG&E has used the site as public/quasi-public utility service facility since at least 1875, pre -dating the
City's first Zoning Ordinance (1924) by nearly fifty years. At the time San Rafael adopted its first Zoning
Ordinance, the site was zoned "Light Industrial". Today, the site is vacant and unoccupied. PG&E
REPORT TO PLANNING COMMISSION - Case Nos: UP13-001; ED13-002 Page 6
continues to use two of the three existing structures (the office building and the "meter reader"
warehouse) on the site for storage. PG&E leases the eastern 1/5th of the site to the Downtown BID for
merchant parking on an interim basis, which will cease upon the completion of the project. No
redevelopment of the site is proposed by the project and any future redevelopment proposal will need to
be consistent with uses allowed in the Second/Third Mixed Use East (2/3 MUE) District.
Chapter 16 — Site and Use Regulations
Water -Efficient Landscaping
The provisions of Marin Municipal Water District's (MMWD) most recent water conservation requirements
apply to the project, as specified by MMWD Ordinance 421. Any project that proposes rehabilitated
existing landscape areas equal to or greater than 1,000 sq. ft. of non-residential development shall
require review and approval prior to the issuance of any building or grading permit. This requirement has
been made a condition of approval (see Exhibit 2; ED13-002, Planning Condition 5).
Chapter 22 — Use Permits
In order to grant a Use Permit for the significant grading proposed for the site, the Planning Commission
must find:
a) That the proposed use is in accord with the general plan, the objectives of the zoning
ordinance, and the purposes of the district in which the site is located,
b) That the proposed use, together with the conditions applicable thereto, will not be detrimental
to the public health, safety or welfare, or materially injurious to properties or improvements in
the vicinity, or to the general welfare of the city,-
c)
ity,
c) That the proposed use complies with each of the applicable provisions of the zoning
ordinance
Given the discussion summarized in this report, staff recommends that the findings can be made to grant
the Use Permit to allow the subsoil remediation activities on the site. The State Department of Toxic
Substances Control (DTSC) is the 'lead agency' for the project and has approved a Remedial Action
Plan (RAP) for the site. DTSC has prepared and adopted a Negative Declaration (ND), which the RAP is
the result of, which meets the provisions of CEQA. The DTSC has evaluated the proposed remedial
action to determine potential adverse environmental impacts and has determined that the project will not
result in any significant environmental impacts.
The main focus of the Use Permit is to allow the proposed remedial grading on the site while promoting
safe, effective traffic circulation and maintaining acceptable circulation operating conditions. The project
proposes to stage grading activities over two consecutive grading seasons (April 15th — October 15th;
2014 - 2015) to minimize the impact of truck haul traffic in the Downtown generally and along the 'major'
commercial transportation corridors (2nd and 3rd Streets) through Downtown specifically. Trucks will be
staged off-site and outside the Downtown and radio -dispatched to the site; during morning peak
commute/traffic periods (7 — 9 a.m.) and after 3 p.m., the number of trucks to/from the site will be limited
to one export and one import trip every 15 minutes or more. Additionally, traffic control measures will be
enacted, including widening the entrance to the site by using the street -side parking lane along 3`d Street,
using flagman to assist trucks exiting the site and to control pedestrian when necessary, and
implementing site work notification signage in advance of, and during, the project. Lastly, the Department
of Public Works has made recommendations during review of the project, which have been included as
conditions of approval (Exhibit 2; Conditions 6 - 9 and 11) to minimize the impacts on circulation in the
Downtown and along the 'major' commercial transportation corridors.
The Use Permit is limited to allow the site remediation activities as determined by the ND and approved
by the RAP. The Use Permit shall not allow any other use, including use as a commercial parking lot,
REPORT TO PLANNING COMMISSION - Case Nos: UP13-001; ED13-002 Page 7
without further City approvals and compliance with all applicable requirements, regulations and
standards.
Chapter 25 — Environmental and Design Review Permits
In order to approve an Environmental and Design Review Permit for the significant grading and minor
modifications to existing landscaping and fencing on the site, the Planning Commission must find:
a) That the project design is in accord with the general plan, the objectives of the zoning
ordinance, and the purposes of Chapter 14.25 of the Zoning Ordinance;
b) That the project design is consistent with all applicable site, architecture and landscaping
design criteria and guidelines for the district in which the site is located;
c) That the project design minimizes adverse environmental impacts; and
d) That the project design will not be detrimental to the public health, safety or welfare, nor
materially injurious to properties or improvements in the vicinity;
Given the discussion summarized in this report, staff recommends that the findings can be made to
approve the Environmental and Design Review Permit to allow the subsoil remediation activities on the
site and the minor upgrades to the existing landscaped area and perimeter fencing. The project proposes
no additions, modifications or alterations to the existing three (3) structures on the site. The project
proposes no substantive changes to the existing site design either. The proposed soil remediation
activities will affect perimeter landscape planter areas and existing fencing. Both will be upgraded as a
result of the project. The PG&E site will appear essentially the same after the completion of the project.
Until future redevelopment of the site, the existing buildings will remain in their current location and
unoccupied. The vast majority of the site will continue to be covered by an asphalt 'cap'.
ENVIRONMENTAL DETERMINATION
As required by state law, the project's potential environmental impacts have been assessed. DTSC is the
"lead agency" for the project under CEQA. The City of San Rafael is the "responsible agency" which has
discretionary power (a Use Permit and an Environmental and Design Review Permit for 'significant' (i.e.,
greater than 1,000 cubic yards of 'cut' or 2,000 cubic yard of fill) site grading and minor modification of
site landscaping and fencing over the project. DTSC has prepared and adopted a Negative Declaration
(ND) for the project. The adopted ND complies with the provisions of the CEQA Guidelines. The ND has
concluded that the project will not result in any significant environmental impacts. DTSC subsequently
approved a Remedial Action Plan (RAP) for the project for which the ND is part of. The scope of the work
evaluated in the ND, prepared and adopted for the project, is consistent with the proposed grading
activities considered by the Planning Commission with the exception of the minor site modifications
(upgraded landscaping fencing), which are exempt from CEQA, pursuant to Sections 15302
(Replacement or Reconstruction) and 15304(b) (Minor Alterations To Land) of the CEQA Guidelines.
The Initial Study/Negative Declaration, prepared and adopted by DTSC, and the Remedial Action Plan
(RAP) approved by DTSC, are both available for review online at:
httD://www.envirostor.dtsc.ca.aov/public/final documents2.asp?global id=21490015&doc id=6020497
NEIGHBORHOOD MEETING / CORRESPONDENCE
July 23, 2013
Notice of hearing for the project was conducted in accordance with noticing requirements contained in
Chapter 29 of the Zoning Ordinance. A Notice of Public Hearing was mailed to all property owners and
REPORT TO PLANNING COMMISSION - Case Nos: UP13-001; ED13-002 Page 8
occupants within a 300 -foot radius of the site and the appropriate neighborhood groups (Downtown BID
and the Federation of San Rafael Neighborhoods) 15 -calendar days prior to the date of this hearing.
Posting of a public notice was not required given that the project proposes no new construction or
expansion to any of the three (3) existing structures on the site.
At the time of the release, printing and distribution of staff's report to the Commission, no public
comments have been received as a result of noticing of the project. Comments received from other City
departments and non -City agencies on the project have been incorporated in the review and action of
the project.
At this hearing, the Commission granted a request for continuance by PG&E, to a 'date uncertain', to
allow additional time for PG&E to work with staff on acceptable revised language of a proposed condition
(Condition #6; UP13-001) requiring street resurfacing due to road wear attributable to the project
October 15, 2013
Notice of hearing for the project was conducted in accordance with noticing requirements contained in
Chapter 29 of the Zoning Ordinance. A Notice of Public Hearing was mailed to all property owners and
occupants within a 300 -foot radius of the site and the appropriate neighborhood groups (Downtown BID
and the Federation of San Rafael Neighborhoods) 15 -calendar days prior to the date of this hearing.
Posting of a public notice was not required given that the project proposes no new construction or
expansion to any of the three (3) existing structures on the site.
At the time of the release, printing and distribution of staff's report to the Commission, no public
comments have been received as a result of either the original notice or re -noticing of the project.
Comments received from other City departments and non -City agencies on the project have been
incorporated, once again, in the review and action of the project.
OPTIONS
The Planning Commission has the following options:
1. Approve the application as presented (staff's recommendation);
2. Approve the application with modifications or additions to conditions of approval;
3. Continue the applications to allow the applicant to address any of the Commission's comments or
concerns; or
4. Deny the project and direct staff to return with a revised resolution.
EXHIBITS
1. Vicinity/Location Map
2. Draft Resolution of Approval
3. Project Description with Figure Attachments (11" x 17" color attachments distributed to Planning
Commission only)
4. GP Consistency Table
Initial Study/Negative Declaration (IS/ND) prepared and adopted by DTSC, and Remedial Action Plan
(RAP) approved by DTSC, both available online at:
http://www.envirostor.dtsc.ca.gov/public/final documents2 asp?global id=21490015&doc id=6020497
0 500 1,000 FEET
EL
APPROXIMATE SCALE
REFERENCE:
GOGGLE EARTH DATED 10/25/2009
FIGURE 1
SITE LOCATION MAP
PG&E FORMER SAN RAFAEL MGP SITE
SAN RAFAEL, CALIFORNIA
�ERRAFIC GROUP
Environmental Engineering, Consulting, and Construction
EXHIBIT I
RESOLUTION NO. 13 -XX
RESOLUTION OF THE CITY OF SAN RAFAEL PLANNING COMMISSION CONDITIONALLY
APPROVING A USE PERMIT (UP13-001) AND AN ENVIRONMENTAL AND DESIGN REVIEW
PERMIT (ED13-002) TO ALLOW SIGNIFICANT GRADING ACTIVITES (APPROXIMATELY
35,000 CUBIC YARDS OF EXCAVATION OR 'CUT' AND 42,000 CUBIC YARDS OF 'FILL') TO
REMOVED CONTAMINATED SOIL AT THE FORMER PG&E 'SAN RAFAEL
MANUFACTURED GAS PLANT' LOCATED AT
999 THIRD STREET (APN: 011-265-01)
WHEREAS, on November 16, 2012, the State Department of Toxic Substances Control
(DTSC), as the 'lead agency' for the project, prepared and adopted a Negative Declaration (ND)
and approved a Remedial Action Plan (RAP) for the project, evaluating the potential adverse
environmental impacts and determining that the project will not result in any significant
environmental impacts and meeting the provisions of the California Environmental Quality Act
(CEQA); and
WHEREAS, the project requires the following discretionary approvals from the City of
San Rafael: 1) A Use Permit for proposed grading in excess of 1,000 cubic yards of 'cut' and
2,000 cubic yard of fill; and 2) An Environmental and Design Review Permit for both the
proposed grading and minor modifications to the site's existing landscaping and perimeter
fencing; and
WHEREAS, the City of San Rafael, as a 'responsible agency' for the project has
reviewed the adopted ND, finding it to be acceptable to serve as the environmental compliance
document under CEQA for all permits or approvals required by the City, including the required
Use Permit and Environmental and Design Review Permit. As a 'responsible agency', the City
is not required to adopt or re -adopt the ND; and
WHEREAS, on January 4, 2013, Pacific Gas & Electric Co. (PG&E) submitted Use
Permit (UP13-001) and Environmental and Design Review Permit (ED13-002) applications to
allow for remediation (i.e., the removal of contaminated soils) of 'brownfield' site at the former
PG&E 'San Rafael Manufactured Gas Plant' (MGP) located at 999 Third Street in the
Downtown; and
WHEREAS, the completion of the project will allow the State Department of Toxic
Substances Control (DTSC) to approve a request by PG&E to remove an existing deed
restriction, which currently prohibits residential use on the site; and
WHEREAS, the project also proposes minor modification to the site's existing
landscaping and fencing, including the replanting of raised landscape planters and replacement
of the existing 6' -tall chain-link perimeter fencing in kind; and
WHEREAS, the proposed project application has been reviewed by the appropriate City
departments, non -City agencies and neighborhood groups who have recommended approval of
the project, subject to conditions;
WHEREAS, on July 23, 2013, the San Rafael Planning Commission held a duly -noticed
public hearing on the proposed project, and granted a request for continuance by PG&E, to a
'date uncertain', to allow additional time for PG&E to work with staff to revise a draft condition
(Condition #6; UP13-001) requiring street resurfacing due to road wear attributable to the
project; and
EXHIBIT 2
WHEREAS, on October 15, 2013, the San Rafael Planning Commission held a duly -
noticed public hearing on the continued project, accepting all oral and written public testimony
and the written report of the Community Development Department staff and closed said hearing
on that date;
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of
San Rafael does hereby approves the Use Permit (UP13-001) and the Environmental and
Design Review Permit (ED13-002) to allow for significant grading activities (approximtely
35,000 cubic yards of excavagtion or `cut' and 42,000 cubic yards of compacted clean 'fill'), the
replacement of the existing asphalt 'cap' or covering and minor modifications or upgrades to
existing site landscaping and perimeter fencing at the former PG&E MGP at 999 Third Street,
based on the following findings and subject to the conditions of approval below:
Use Permit (UP13-001)
Findings
A. The proposed 'significant' grading activities is in accord with the General Plan, the
objectives of the Zoning Ordinance, and the purposes of the Second/Third Mixed Use East (2/3
MUE) District in which the site is located in that:
As documented in the General Plan 2020 Consistency Table attached to the staff report
to the Planning Commission, the project will be consistent with Neighborhoods Policy
NH -40c (Second/Third Mixed -Use District; PG&E Office Building Site) & NH -40d
(Second/Third Mixed -Use District; Transportation Corridor), and Community Design
Policies CD -1d (City Image; Landscape Improvement), CD -5 (Views), and CD -15
(Participation in Project Review);
2. The proposed `significant' grading activities will be consistent with the objectives of the
Zoning Ordinance, which is to promote and protect the public health safety, peace,
comfort and general welfare, given that;
a. The proposed project will implement and promote the goals and policies of the San
Rafael General Plan 2020, as identified in Finding Al above;
b. The proposed project will protect, strengthen and diversify the economic base of the
City by providing discretionary entitlements or approvals (Use Permit UP13-001 and
Environmental and Design Review Permit ED13-002) to remediate a known brownfield
site and facilitate its future redevelopment with potentially Downtown housing;
c. The proposed project will promote a safe, effective traffic circulation system, and
maintain acceptable local circulation system operating condition, given that; the
proposed grading will be staged over two consecutive grading seasons (April 15th _
October 15th; 2014 - 2015) to minimize the impact of truck haul traffic in the Downtown
generally and along the `major' commercial transportation corridors (2nd and 3rd Streets)
through Downtown specifically. Also, trucks will be staged off-site and outside the
Downtown and radio -dispatched to the site; during morning peak commute/traffic
periods (7 — 9 a.m.) and after 3 p.m., the number of trucks to/from the site will be limited
to one export and one import trip every 15 minutes or more. Additionally, traffic control
measures will be enacted, including widening the entrance to the site by using the
street -side parking lane along 3rd Street, using flagman to assist trucks exiting the site
and to control pedestrian when necessary, and implementing site work notification
signage in advance of, and during, the project. Lastly, the City Traffic Engineer has
recommend approval of project, including the transportation to/from the site;
2
d. The proposed project will promote design quality by upgrading existing raised
landscape planter areas with new and additional shrubs and replacing the existing
chain-link perimeter fencing in kind with an upgraded, more uniform design (6 -tall, black
vinyl -coated), perimeter fence, without any screening material (fabric or plastic `privacy
slats' inserts) consistent with the recommendations of the San Rafael Police
Department; and
e. The proposed project will provide for effective citizen participation in decision-making
by noticing the Planning Commission's hearing on the project in accordance with
noticing requirements contained in Chapter 29 of the Zoning Ordinance. A Notice of
Public Hearing was mailed to all property owners and occupants within a 300 -foot radius
of the site and the appropriate neighborhood groups (Downtown BID and the Federation
of San Rafael Neighborhoods) 15 -calendar days prior to the date of this hearing.
Posting of a public notice was not required given that the project proposes no new
construction or expansion to any of the three (3) existing structures on the site. At the
time of the release, printing and distribution of staff's report to the Commission, no
public comments have been received as a result of noticing of the project. Comments
received from other City departments and non -City agencies on the project have been
incorporated in the review and action of the project;
3. The proposed 'significant' grading activities would be consistent with the purposes of the
2/3 MUE District in which the site is located, given that; the proposed project will
indirectly promote the Downtown as vibrant commercial and financial center, and as a
urban center with a civic, social, entertainment, cultural and residential uses by providing
discretionary entitlements or approvals (UP13-001 and ED13-002) to remediate a known
brownfield site and facilitate its future redevelopment with potentially Downtown housing;
B. The proposed `significant' grading activities, together with the conditions applicable thereto,
will not be detrimental to the public health, safety or welfare, or materially injurious to properties
or improvements in the vicinity, or to the general welfare of the City as identified in Finding A2,
a — e, above;
C. The proposed 'significant' grading activities complies with each of the applicable provisions
of the zoning ordinance, in that:
a. The site is vacant and unoccupied though PG&E continues to use two of the three
existing structures (the office building and the "meter reader" warehouse) for storage. PG&E
leases the eastern 1/5th of the site to the Downtown BID for merchant parking on an interim
basis, which will cease upon the completion of the project. No redevelopment of the site is
proposed by the project and any future redevelopment proposal will need to be consistent
with uses allowed in the Second/Third Mixed Use East (2/3 MUE) District;
b. The provisions of Marin Municipal Water District's (MMWD) most recent water
conservation requirements apply to the project, as specified by MMWD Ordinance 421. Any
project that proposes rehabilitated existing landscape areas equal to or greater than 1,000
sq. ft. of non-residential development shall require review and approval prior to the issuance
of any building or grading permit. This requirement has been made a condition of approval
(see ED13-002; Planning Condition 5 below);
c. The project proposes no additions, modifications or alterations to the existing three (3)
structures on the site. The project proposes no substantive changes to the existing site
design either. The proposed soil remediation activities will affect perimeter landscape
3
planter areas and existing fencing. Both will be upgraded as a result of the project. The
PG&E site will appear essentially the same after the completion of the project. Until future
redevelopment of the site, the existing buildings will remain in their current location and
unoccupied. The vast majority of the site will continue to be covered by an asphalt 'cap'; and
D. The potential environmental impacts of the project have been assessed by the State
Department of Toxic Substances Control (DTSC). As the `lead agency' for the project, DTSC
has prepared and adopted a Negative Declaration (ND). The adopted ND complies with the
provisions of California Environmental Quality Act (CEQA) Guidelines. The ND has concluded
that the project will not result in any significant environmental impacts. DTSC subsequently
approved a Remedial Action Plan (RAP) for the project for which the ND is part of. The scope
of the work evaluated in the ND, prepared and adopted for the project, is consistent with the
proposed grading activities considered by the Planning Commission with the exception of the
minor site modifications (upgraded landscaping fencing), which are exempt from CEQA,
pursuant to Sections 15302 (Replacement or Reconstruction) and 15304(b) (Minor Alterations
To Lana of the CEQA Guidelines.
E. The Planning Commission has considered the Negative Declaration, prepared and adopted
by DTSC, finding that the document complies with the provisions of the CEQA Guidelines and
concurring that the project will have no significant environmental impacts.
Environmental and Design Review Permit (ED13-002)
Findings
A. That the project design is in accord with the general plan, the objectives of the zoning
ordinance, and the purposes of Chapter 14.25 of the Zoning Ordinance; in that:
The proposed project will implement and promote the goals and policies of the San
Rafael General Plan 2020, as identified in Finding Al above;
2. The proposed project will be consistent with the objectives of the Zoning Ordinance,
which is to promote and protect the public health safety, peace, comfort and general
welfare, as identified in Finding A2 (a — e) above;
3. The proposed project will be consistent with the purposes of Environmental and Design
Review Permits, given that;
a. The proposed project will promote design excellence by upgrading existing raised
landscape planter areas with new and additional shrubs and replacing the existing
chain-link perimeter fencing in kind with an upgraded, more uniform design, 6 -tall,
black vinyl -coated perimeter fence; and
b. The proposed project will preserve and enhance views from other buildings and
public property by replacing the existing perimeter fencing in kind without any
screening material (fabric or plastic 'privacy slats' inserts), consistent with the
recommendations of the San Rafael Police Department;
B. That the project design is consistent with all applicable site, architecture and landscaping
design criteria and guidelines for the district in which the site is located, in that; the provisions of
MMWD's most recent water conservation requirements apply to the project, as specified by
MMWD Ordinance 421. Any project that proposes rehabilitated existing landscape areas equal
to or greater than 1,000 sq. ft. of non-residential development shall require review and approval
prior to the issuance of any building or grading permit. This requirement has been made a
condition of approval (see ED13-002; Planning Condition 5 below);
C. That the project design minimizes adverse environmental impacts, as identified in Use
Permit Findings D and E above; and
D. That the project design will not be detrimental to the public health, safety or welfare, or
materially injurious to properties or improvements in the vicinity, as identified in Finding A2, a —
e, above.
BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Rafael
approves the Use Permit (UP13-001) and Environmental and Design Review Permit (ED13-
002), subject to the following conditions:
Use Permit (UP13-001)
Conditions of Approval
San Rafael Sanitation District (SRSD)
1. PG&E is required to apply for a Groundwater Discharge Permit from the Central Marin
Sanitation Agency (CSMA) at a minimum of thirty (30) days prior to discharge. This permit will
also include the SRSD discharge requirements. Questions shall be direct to Robert Cole, CSMA
Environmental Services Manager at (415) 459-1455 ext. 142.
2. SRSD cleans the sewer main on 3rd Street at 2 — 3 months intervals through the year. Due
to the potential for creating traffic impacts, PG&E shall coordinate with the SRSD. Please
contact Matt Smith, Sewer Maintenance Superintendent, at (415) 458-5365.
Public Works Department Assistant Public Works Director/City Engineer
3. The project shall require the issuance of grading permit(s) from the Public Works
Department.
4. Prior to issuance of any grading permit for the project, PG&E shall provide a copy of the Soil
Management Plan (SMP) and a copy of the Health and Safety Plan (HASP) for review.
5. Prior to issuance of any grading permit for the project, PG&E shall provide a copy of the
letter from SRSD reviewing and approving the design of the ground water treatment system.
6. The project proposes to generate more than 5,000 vehicle truck trips to/from the site with
30-40 daily trips necessary. This is a potentially significant impact on the City's roadway
system. The methodology for assessing the road wear attributable to the project and for the
appropriate repair will be more fully described in the grading permit. The methodology will
include documenting the condition of the truck traffic route both immediately before and at the
end of the project, and using City traffic data, and visual inspection as a baseline, will determine
the wear attributable to the project. The applicant may be required to resurface a portion of 2nd
3rd and Lindaro Streets in relation to the project. This includes a full grind and resurfacing from
the project site to Netherton Street or the path of truck traffic for the project. The resurfacing
area may include full street width or full lane width.
7. Street parking along 3rd, Brooks, Ritter and Lindaro Streets shall not be utilized by project
employees.
8. Traffic control along 2" d and 3rd Street shall be limited as follows: 10 a.m. to 6 p.m. along 2nd
Street and 7 a.m. to 3:30 p.m. along 3rd Street.
9. A Staging Plan shall be submitted at the time of grading permit submittal, identifying all off-
site truck staging sites or locations.
10. Provide a full plan and associated documentation for the project, stamped and signed by a
registered Civil Engineer familiar with this type of project.
11. Prior to issuance of any grading permit for the project, PG&E shall provide a full copy of all
applicable permits and direct contact information with the lead agency and agents therein.
12. A full schedule of activities related to the work, including, but not limited to, excavation,
traffic control staging areas, sheet pile installation (if needed), setup, backfill and cleanup is
needed prior to issuance of any grading permit.
13. There may be a smell released when this material is excavated. Napthalene may produce a
`mothball' smell. The project proposes using sniffers and testing the air at the site boundaries
during the project. Provide details on the locations of the proposed sniffer and details for their
maintenance and period of test readings.
14. PG&E shall provide a contingency plan for unforeseen conditions such as excessive rain
when the excavation is open or unforeseen levels of contaminants during excavation. Provide a
Storm Water Pollution Prevention Plan (SWPPP) and identify all additional measures to prevent
any contaminants from flowing into the existing storm drain system.
15. The project shall require the issuance of encroachment permit(s) for any work proposed in
the public right-of-way.
Community Development Department, Planning Division
16. This Use Permit (UP13-001) approves site remediation activities at the former PG&E 'San
Rafael Manufactured Gas Plant' located at 999 Third Street, pursuant to the Remedial Action
Plan on file at the State Department of Toxic Substances Control and outlined by the `Project
Description'. This Use Permit approves the excavation of approximately 35,000 cubic yards of
contaminated soil from the site, the backfill of approximately 42,000 cubic yards of compacted
'clean' soil and replacement of the existing asphalt 'cap' or covering. These remedial activities
are approved over a two (2) grading seasons (April 15`h - October 15 h; 2014 - 2015).
17. This Use Permit limits all grading and construction activities on the site to Monday through
Friday, 7 a.m. to 5 p.m. Saturday work may be permitted upon prior request and written
approval by Planning staff and shall limit all grading and construction activities on the site to 9
a.m. to 6 p.m. consistent with the City's allowable construction hours (Chapter 8.13 of the San
Rafael Municipal Code). Sunday work is strictly prohibited.
18. This Use Permit shall prohibit the site to be used as a commercial parking lot without further
City approvals and compliance with all applicable parking, landscape and lighting requirements,
regulations and standards pursuant to Chapter 14.18 (Zoning Ordinance; Parking Standards) of
the San Rafael Municipal Codes.
19. This Use Permit shall run with the land and shall remain valid regardless of any change of
ownership of the project site, subject to these conditions, provided that a grading permit is
issued by the Department of Public Works and work commenced or a time extension request is
submitted to the City's Community Development Department, Planning Division, within two (2)
years of this approval or until October 15, 2015. Failure to obtain all grading permits or a time
extension request by the specified date will result in the expiration of this Use Permit.
Environmental and Design Review Permit (ED13-002)
Conditions of Approval
Community Development Department, Planning Division
1. The building techniques, colors, materials, elevations and appearance of the project, as
presented to the Planning Commission at their July 23, 2013 hearing, labeled Project
Description; Planned Remediation for Former San Rafael Manufactured Gas Plant Site; 999
Third Street; San Rafael, California, and on file with the Community Development Department,
Planning Division, shall be the same as required for issuance of all grading permits, subject to
these conditions. Minor modifications or revisions to the project shall be subject to review and
approval of the Community Development Department, Planning Division. Further modifications
deemed not minor by the Community Development Director shall require review and approval
by the original decision making body, the Planning Commission, and may require review and
recommendation by the City's Design Review Board.
2. This Environmental and Design Review Permit (ED13-002) shall approve replacement of
the existing perimeter fencing on the site pursuant to the approved Fencing Plan (see Figure 7;
`Project Description').
3. All new fencing shall be maintained in good condition, fully painted in a uniform color, at all
times. Any damaged fencing shall be replaced in a timely fashion.
4. This Environmental and Design Review Permit shall approve minor modification to the
existing site landscaping pursuant to the approved Landscaping Plan (see Figure 6; `Project
Description').
5. The project shall comply with the provisions of Marin Municipal Water District's (MMWD) the
most recent water conservation ordinance (currently Ordinance 421). Landscape and irrigation
plans shall be submitted to MMWD for review and approval prior to issuance of any grading or
building permits for the project. Minor modifications or revisions to the approved Landscape
Plan (see Figure 7; `Project Description') shall be subject to review and approval of the
Community Development Department, Planning Division.
6. All new landscaping shall be irrigated with an automatic drip system and maintained in a
healthy and thriving condition, free of weeds and debris, at all times. Any dying or dead
landscaping shall be replaced in a timely fashion.
7. All pubic streets and sidewalks and on-site streets which are privately owned that are
impacted by the grading and construction operation for the project shall be kept clean and free
of debris at all times. The general contractor shall sweep the nearest street and sidewalk
adjacent to the site on a daily basis unless conditions require greater frequency of sweeping.
8. A qualified archaeologist and, if requested a Native American representative from the
Federated Indians of Graton Rancheria (FIGR) will monitor initial excavation in the vicinity of the
historic shoreline (northern portion of the site) as well as spot check excavation throughout the
life of the project as needed if sensitive soil or resources are encountered. The monitors must
obtain the appropriate certifications to work on a contaminated site. Monitors will keep daily logs
and provide a monitoring summary at the close of monitoring activities.
A project -specific monitoring plan will be developed in collaboration with FIGR prior to the
beginning of remediation activities and will be reviewed and approved by the State Department
of Toxic Substances Control (DTSC). The plan will at a minimum include contact information for
relevant personnel and procedures to follow if a resource is encountered. The Plan will be
7
included in the Remedial Design and Implementation Plan and distributed to the appropriate
project personnel on site.
The monitoring plan will be reviewed through preconstruction cultural resource protection
training with project personnel prior to excavation activities.
If any cultural resources are located during remediation activities, all work will stop within 100
feet of the resource and the qualified archaeologist will be notified immediately. The Cultural
Resource Specialist (CRS) or PG&E will contact FIGR and the Planning Division and coordinate
the appropriate evaluation of the find and implement any additional treatment or protection, if
required. No work shall occur in the vicinity unit approved by the CRS and DTSC. Prehistoric
resources that may be identified include, but shall not be limited to, concentrations of stone
tools and manufacturing debris made of obsidian, basalt and other stone materials, milling
equipment such as bedrock mortars, portable mortars and pestles and locally darkened soils
(midden) that may contain dietary remains such as shell and bone, as well as human remains.
Historic resources that may be identified include, but are not limited to, small cemeteries or
burial plots, structural foundations, cabin pads, cans with soldered seams or tops, or bottles or
fragments or clear and colored glass.
If human remains are encountered (or suspended) during any project -related activity, all work
will halt within 100 feet of the project and the County Coroner will be contacted to evaluate the
situation. If the County Coroner determines that the human remains are of Native American
origin, the County Coroner shall notify the Native American Heritage Commission (NAHC)
within 24 -hours of such identification. The NAHC will notify the "Most Likely Descendant" who
will work with DTSC to determine the proper treatment of the remains. No wok shall occur in the
vicinity without approval from DTSC.
9. Final inspection of the project by the Community Development Department, Planning
Division, is required. The applicant shall contact the Planning Division to request a final
inspection upon completion of the project. The final inspection shall require a minimum of 48-
hour advance notice
The foregoing Resolution was adopted at the regular meeting of the City of San Rafael
Planning Commission held on the 15` day of October 2013.
Moved by Commissioner XX and seconded by Commissioner XX:
AYES: COMMISSIONERS
NOES: COMMISSIONERS
ABSENT: COMMISSIONERS
ATTEST:
Paul A. Jensen, Secretary
SAN RAFAEL PLANNING COMMISSION
Al
Larry Paul, Chair
Project Description
Planned Remediation for Former San Rafael Manufactured. Gas Plant Site
999 Third Street, San Rafael, California
The Department of Toxic Substances Control (DTSC) approved the Remedial Action Plan (RAP)
for the former San Rafael Manufactured Gas Plant (MGP) Site (hereafter "the Site"). The RAP
consists of remedial activities to address soil, soil gas and groundwater contaminants at the Site
including arsenic, benzene, lead, polycyclic aromatic hydrocarbons (PAHs) and petroleum
hydrocarbons. Selected remedial activities include the excavation and removal of impacted soil at
the Site, backfilling excavations with fill material, and replacement of asphalt and planters.
Redevelopment of the Site is not in the scope of this remediation project.
The following provides a summary of the proposed project:
Project Location and Setting
The Site is located at 999 Third Street in the downtown commercial district of the City of San
Rafael, California and is bordered by Third Street to the north, Brooks Avenue to the west, Lindaro
Street to the east and Second Street to the south (Figure 1, Site Location Map). The Site, which is
currently zoned for downtown mixed use (Second/Third Mixed Use East — 2/3MUE), is
approximately 3 acres in size and contains three buildings. The buildings consist of an
approximately 25,000 -square -feet, two-story building formerly used as office space (Former Office
Building), an 8,300 -square -feet building formerly used as a meter reader facility and warehouse
(Former Meter Reader/Warehouse Building), and a 900 -square -feet Telecom Building (Figure 2, Site
Plan). Currently, the Former Meter Reader/Warehouse Building and Former Office Building are
used by Pacific Gas and Electric Company (PG&E) for storage and the Telecom Building is no
longer being used by PG&E. The remainder of the Site is covered by an asphalt -paved parking lot,
a portion of which is currently leased by the Downtown San Rafael Business Improvement District
for commercial parking purposes. The Former Office Building, Former Meter Reader/Warehouse
Building and Telecom Building were constructed in 1965, 1924 and 1985, respectively.
With the exception of limited areas around the Site that are landscaped, the Site is covered with
buildings or pavement. Therefore, there is no habitat that supports native vegetation or terrestrial
wildlife populations on-site.
The Site is the northwest parcel (Parcel 4, Marin County Assessor's Parcel Number 011-265-01) of
the former 17 -acre San Rafael Service Center (Figure 3, Former PG&E San Rafael Service Center
Property Map, Photos 1 through 5). The remaining portions of the former Service Center, the
southeast, southwest and substation parcels (Parcels 1, 2 and 3, respectively), are bordered by
Second Street to the north, Lincoln Avenue to the east, and Anderson Drive and San Rafael Creek
to the south. The southeast and southwest parcels were sold in 1998 and are now developed as a
commercial business park. Currently, only the Site (Parcel 4) and the substation parcel (Parcel 3) .are
owned by PG&E.
Land use in the vicinity of the Site and the former Service Center area consists mostly of commercial
and high density residential developments. To the east of the Site across Lindaro Street, existing
retail facilities include a liquor store and drive-through coffee kiosk. To the north of the Site across
Third Street, existing retail facilities include a dry-cleaner and outdoor sports shop as well as a two-
story parking structure. To the west of the Site across Brooks Avenue, there is an approximate
Page 1
EXHIBIT 3
10,000 -foot commercial building and a 20,000 -square -foot medical clinic along Third Street. To the
south of the Site across Second Street, there is the PG&E substation, with a parking garage on its
east side and a three-story apartment building that houses 125 studio, one and two bedroom
apartments, on its west side. Both Second and Thud streets run east/west and are major commute
corridors into and out of San Rafael.
Project Background
The initial MGP was constructed in 1875 in the northeastern portion of the 3 -acre Site, and
expanded over the remaining portions of the Site through the 1920s. Natural gas arrived in San
Rafael in 1930, and the MGP was substantially shut down and put on standby status until 1960 when
the MGP facility was dismantled. In 1965, the current Former Office Building was constructed and
used as the PG&E North Bay Division offices until it was closed in the late 1990s.
Environmental investigations in the early and mid 1980s resulted in the construction of a
groundwater extraction and treatment system (Figure 3), which is currently operated and maintained
by PG&E, and a requirement of site capping for the four parcels of the Former San Rafael Service
Center. A Deed Restriction was placed on the larger 17 -acre San Rafael Service Center, which
includes the Site. Subsequent environmental investigations were conducted at the Site between 2001
and 2010.
Based on the results of these investigations, the Site is underlain by fill material, Bay Mud and
Franciscan Assemblage bedrock. In general, fill material is present to a depth of approximately 5 to
8 feet across most of the Site. Buried concrete foundations from former MGP facilities including
buildings and gas holders are present in the upper 5 feet in several areas of the Site, particularly in
the northeast and northwest portions. The shallow groundwater zone, generally observed between 3
and 6 feet below ground surface (bgs), occurs primarily within fill material overlying the Bay Mud
and where Bay Mud was absent, overlying highly weathered bedrock or bedrock.
Contaminants were found in shallow fill soil throughout most of the Site and in the upper few feet
of the underlying native Bay Mud in some areas of the Site. These impacts are generally limited to
the fill material, typically in the upper 3 to 8 feet, but extending to depths between 15 and 25 feet
within and below the two former in -ground gas holder structures. Contaminants have also been
detected in groundwater samples collected from one or more of the on-site and off-site monitoring
wells. The distribution of these constituents in shallow groundwater is also consistent with impacts
observed in shallow soil at the Site.
Based on results of the Human Health Risk Assessment (HHRA) conducted on analytical data from
the Site, the chemicals detected in soil and soil gas at the Site do not pose a health risk above
acceptable levels to current on-site and off-site commercial workers and off-site residential
populations. However, future changes in land use, redevelopment, or permanent removal of the
existing asphalt or concrete cover could result in human health risks above an acceptable risk range.
As such, selected contaminants present in soil and soil gas will require some remediation or other
form of risk management (e.g.' institutional controls) if the cap on the Site is removed or altered
and/or if the Site is developed for commercial or residential purposes, including mixed use
(combined commercial and residential use). Additionally, remediation or another form of risk
management (e.g., institutional controls such as a Soil Management Plan) is warranted to protect the
health of on-site intrusive workers who may engage in subsurface construction activities.
Page 2
Groundwater is not currently used at the Site as a potable drinking water source. Though elevated
contaminant concentrations have been detected in groundwater, the downgradient extent has been
sufficiently delineated. Delineation is defned by either non -detects or relatively low concentrations
in groundwater samples collected in downgradient off-site wells, some of which are being sampled
as part of the 17 -acre Service Center semi-annual monitoring program. Further, impacted
groundwater down -gradient of the Site is contained within a slurry wall and extracted by the existing
groundwater extraction and treatment system.
PG&E is currently working with the City to develop a redevelopment strategy for the Site. The
planned remediation is expected to facilitate the redevelopment of the Site as the amended land use
restrictions on the Site would allow for multi -family residential development and the need for
environmental engineering controls would be minimized.
Site Remediation and Restoration Plan
Excavation, Restoration and Long -Term O&M
Based on the detailed evaluation of these remedial alternatives, the preferred and selected remedial
alternative for soil includes focused excavation and off-site disposal of impacted soil in select areas
throughout the Site as well as in shallow exposed planters that are not subsequently capped (Figure 4
Excavation Plan). An estimated 35,000 cubic yards of impacted soil will be excavated from the Site.
Excavations greater than 5 feet will be advanced using a combination of methods including, but not
limited to, shoring, slot trenching with a 2 -sack cement -slurry displacement, or sloping/benching of
excavation side-walls. During remediation activities, any entry into excavations will be conducted in
accordance with U.S. Occupational Safety and Health Administration (OSHA) requirements.
Access setbacks will be established at the edges of all excavations to ensure the safety and the
protection of the public. In areas where the public right-of-way (sidewalks and street) falls within
the minimum setback, those sidewalks or street lanes will be temporarily closed under a City
encroachment permit. On-site buildings are currently unoccupied and will remain so during
remediation. However, excavation in the vicinity of on-site buildings will be undertaken using one
or more of the soil retainment approaches described above, to avoid slope stability failure. With the
exception of .topsoil placed in restored perimeter planters, all excavations will be backfilled and
backfill materials will be compacted to a minimum of 90 percent relative compaction with finished
grades established to facilitate appropriate drainage of the Site. Approximately 42,000 cubic yards of
clean imported fill materials will be used to backfill excavations.
The remediation activities will be conducted over two construction seasons. At the completion of
thefust construction season, all excavations will be backfilled, compacted, graded and paved with
finished grades established to facilitate appropriate drainage of the Site. In areas of the Site where
remediation is planned for a second season, the existing paving will not be removed until the start of
the second season. Over the period in between the two construction seasons, the Site will be paved
and no loose soils or stockpiles will be left onsite.
The surface will be restored to its pre-existing condition, either as asphalt paving or landscaped
planters. The existing building foundations, new or existing asphalt pavement and planter soil will
be maintained as a cap over the Site surface in its current configuration. Although the extent of soil
impacts beneath the buildings is generally less than the impacts encountered in the eastern two-
thirds of the Site, impacted soil beneath the buildings will be managed in the same manner as
impacted soil remaining onsite in other areas of the Site by remaining capped. Following
Page 3
completion of remediation activities and the post -remediation HHRA, the existing institutional
control which is a Land Use Covenant will be amended to allow multi -family residential
development if the development is designed to prevent contact with the underlying soil by residents
(eliminating soil ingestion, inhalation and contact exposure pathways) and engineering controls that
are approved by DTSC are utilized to reduce potential vapor intrusion pathways, if needed, to
acceptable levels or eliminated. The Land Use Covenant will require that the existing cap be
maintained, and place restrictions on activities which could compromise the integrity of the existing
cap and disturb the underlying impacted soil. A post -remediation Soil Management Plan will be
required for the property so that any subsurface impacted soil disturbed during future activities (e.g.,
utility line installation or repair, property redevelopment) will be handled and managed
appropriately. Depending on the future use of the Site by the future owner, and assuming the
existing buildings are removed, the future owner could either cap impacted soils in-place (i.e.,
beneath the new building foundations, pavement or landscaping) or remove the impacted soils,
under DTSC oversight.
Once the remediation is completed, PG&E will continue to use the existing buildings for storage
until the property is sold for redevelopment. There is no plan to operate the site as a leased
commercial parking lot, and therefore there are no plans to stripe the new pavement. Any existing
perimeter fencing that is removed during the remediation activities will be replaced in kind. All
perimeter planters that are excavated during remediation will be replaced in kind. The landscaping
plan will be presented to the City with the remediation plans as part of the Grading Permit
Application submittal.
Onsite Equov.,ent and Storage
Excavation and loading equipment will likely include the following: backhoes, excavators, loaders,
and compaction rollers, or equivalent. An excavator, backhoe or loader will be used. to load
excavated soil into trucks or roll -off bins. The waste will then be transported by truck either directly
to the disposal facility, or transferred to rail transport. Some excavated soils may require dewatering
in aboveground containment structures or roll -off bins prior to being removed from the Site.
Other support equipment may also be used during soil remediation. The duration of use should be
short and intermittent. This equipment may include saw cutting equipment to cut asphalt and
cement truck to deliver sand -cement slurry backfill for portions excavated using slot trenching and
for backfilling other surgical excavation methods. Cement trucks will also be used for delivering wet
cement for construction of concrete paving during the restoration phase.
Soil stockpiling will occur during remediation activities on a short-term basis. In general, excavated
soils will be removed from the site by truck within a few days of being excavated. A description of
the soil management practices to be followed during remediation activities will be provided to the
City of San Rafael prior to the beginning of remediation activities.
Adequate space is available onsite to store all project equipment, materials, excavated soil (stockpiles
or roll -off bins) and stockpiled imported clean soil, for the duration of the project.
Page 4
Project Din-atim
The excavation and backfill will be completed in a total of 8 to 10 months, and will be phased over
2 consecutive construction seasons. Implementation of remedial actions is expected to occur
between 7:00 a.m. and 5:00 p.m., Monday through Friday.
TraitspoiYatiort alid Trak
The objective of the transportation plan is to handle, transport, and dispose of impacted soils
according to applicable regulations and in an environmentally sound and safe manner. The RAP
provides procedures for the safe transport of the impacted soil from the Site to permitted landfills.
Soil will be loaded into hauler trucks or roll -off bins. Truck boxes will be covered with a secured
tarp before they leave the Site. For soil being disposed of at the Republic Services ECDC Landfill in
East Carbon, Utah, hauler trucks will transport the soil to the rail terminal (Seaver Yard) in
Richmond, California, where it will be directly transferred from the trucks to railcars, and then
transported by rail to the Landfill. It is estimated that approximately 2,200 truckloads will be needed
to remove approximately 35,000 cubic yards of impacted soil from the Site and approximately
2,500 truckloads will be needed to import clean backfill material. Truck traffic will include an
average of 30 trips per day during excavation and export of impacted soils and an average of 40 trips
during import of clean backfill materials, between the hours of 7:00 a.m. and 5:00 p.m. Monday
through Friday. Trucks will be routed along commercial corridors within the City of San Rafael to
avoid residential areas (Figure 5 Local Haul Routes). The remedial work will be implemented over an
8 to 10 month period over the 2013-2014 or 2014-2015 construction seasons.
Traffic control measures will be implemented as necessary during remediation activities under an
encroachment permit through the City of San Rafael, as needed. The primary entrance for haul
trucks will be on the north side of the Site, where trucks will use a widened left lane on Third Street
(including part of the adjacent street -side parking lane) and turn onto an onsite ramp constructed as
part of the Project (Figure 5). The primary exit for haul trucks will be on the east side of the Site
where trucks will turn right onto Lindaro Street, and use the traffic light to make a left turn onto
Second Street. Flagmen will be used for trucks entering and leaving the Site and to control
pedestrian traffic where needed. Appropriate pedestrian and vehicular traffic control signage used
for this Project will be approved by the City of San Rafael. Adequate parking will be made available
at the Project area for contractors and equipment so that on -street parking is avoided by Project
personnel. Within San Rafael, the trucks will primarily remain on Second and Third Streets
(Congestion Management Segments) and frontage streets serving as access to U.S. 101, avoiding
residential streets. The proposed transportation routes from the Site to the selected landfill as well
as alternative landfills are presented in the RAP.
In consultation with the City of San Rafael, the following measures will be implemented to minimize
the impact of the project to the street traffic system:
• The number of haul trucks onsite at any one time will be limited to approximately 4 or
5 trucks;
• Truck staging areas will be established outside the San Rafael downtown area at locations
presented in a staging plan that will be approved by the City of San Rafael;
Page 5
• Trucks will be dispatched to the Site from the off-site staging areas one at a time and at an
approximate spacing equivalent to trucks leaving the Site;
• Flagmen will be used to direct traffic, and to promote safe and efficient Site access and
egress by trucks and construction equipment;
• Extreme caution will be exercised during entering and exiting of the work area to promote
safe and uninterrupted traffic flow;
• During peak commuting traffic periods (i.e., 7am to 9am, and after 3pm), the number of
trucks to and from the Site will be limited to approximately one truck every 15 minutes or
more in each direction.
Both non -hazardous and hazardous soil will be transported by truck and train to Republic Services
ECDC Landfill in East Carbon, Utah. Hauler trucks will transport the soil to the rail terminal
(Seaver Yard) in Richmond, California, where it will be ditectly transferred from the trucks to
railcars, and then transported by rail to the Landfill. Alternative facilities for non -hazardous soil
include Forward Landfill in Manteca, California and Altamont Landfill in Livermore, California.
Alternative facilities for hazardous soil include Ketfleman Hills landfill in Kettleman City, California,
Clean Harbors' Buttonwillow landfill in Buttonwillow, California and US Ecology's Beatty landfill in
Beatty, Nevada. Transportation to all destinations except ECDC Landfill in Utah will be completed
by trucks only.
Approximately 10 to 20 project -related staff (construction workers; engineers, agency
representatives) are anticipated to be onsite on any given day, depending on the particular phase of
the project. Any project -related vehicles that are not parked onsite will be parked locally at public
parking facilities.
Excavation Dewatering
Excavation dewatering will be conducted in all areas where soils are removed from the saturated
zone. Any groundwater extraction during excavation dewatering will be treated by an onsite
groundwater treatment system prior to being discharged under permit to the sanitary sewer. The
design of the groundwater treatment system will be provided to the City of San Rafael prior to the
beginning of remediation activities. If the discharge cannot be released to the sanitary sewer, details
on alternative methods of disposal will be provided to the City for review.
Pi -q ect Plans Pvepnicaion
Project plans and associated documentation will be prepared as part of the Grading Permit
Application and submitted to the City of San Rafael Public Works Department. The final project
plans will be stamped and signed by a certified Civil Engineer familiar with this type of project. The
Application will include any required permits from other agencies and contact information for key
project representatives, including the lead regulatory agency. A full schedule of activities related to
the remediation activities will also be submitted to the City. The City will be provided
documentation that will identify the use and locations of air monitoring equipment during the
remediation project to protect the public. A Stormwater Pollution Prevention Plan (SWPPP), which
details of surface water will be managed and protected, will be prepared and submitted to the City.
Page 6
Secanity and Public Safety Measures
Prior to the start of field work, PG&E will prepare a Health and Safety Plan (HASP) for the Site to
include the proposed remedial work for the protection of construction workers and visitors at the
Site. The HASP will be prepared in accordance with Title 8 California Code of Regulation (CCR),
Section 5192 and 29 Code of Federal Regulation (CFR) 1910.120. The HASP will provide
information describing anticipated health and safety matters at the Site and establishes policies and
procedures to protect Site workers from predicted Site hazards. The HASP will be provided to the
City of San Rafael prior to the beginning of remediation activities.
Generally, a HASP provides information describing anticipated health and safety matters at a Site
and establishes policies and procedures to protect Site workers, the public, and the environment
from predicted site hazards. As will be indicated in the HASP, in the event that anticipated
conditions at the Site change, the plan will be modified accordingly.
The HASP will contain the following elements:
• A general description of the Site, including a location map;
• Work objectives;
• A hazard evaluation, which includes the characteristics of the potential
hazards to be found at the Site;
• Name of key personnel and alternates responsible for health and safety,
including the appointment of a health and safety coordinator;
• Site personnel training requirements as specified by Title 8 CCR,
Section 5192, 29 CFR 1910.120, and medical surveillance requirements;
• PPE to be used by site personnel in addition to decision criteria for upgrading the levels of
PPE;
• The frequency and types of personal and perimeter air monitoring, and environmental
sampling techniques and instrumentation to be used for health and safety purposes;
• Site control measures including the designation of work zones (i.e., exclusion zone,
contamination reduction zone, and support zone);
• Decontamination procedures for personnel and equipment;
• Noise control procedures and action levels;
• Dust control procedures and action levels;
• Procedures to perform safe work;
Page 7
• Contingency plans for emergencies including contact names and
telephone numbers;
• Location of nearest medical facility for emergency medical care, as well
as a map showing the route from the Site to the medical facility; and
• HASP review acknowledgement by all remediation personnel.
In addition, although the Site will have a perimeter fence, on-site security (i.e., a security guard) will
be provided during evenings and weekends while remedial activities are ongoing.
Attachments
Attached in support of this application are the follo`ving:
• Figure 1: Site Location Map
• Figure 2: Site Plan
• Figure 3: Former PG&E San Rafael Service Center Property Map
• Figure 4: Excavation Plan
• Figure 5: Local Haul Route
• Photos 1 through 5 showing current site conditions
• Letter to City of San Rafael titled "Responses to City of San Rafael Comments, Preliminary
Use Permit and Environmental and Design Review Permit Application, Soil Remediation
Project, Former San Rafael Manufactured Gas Plant, 999 Third Street, San Rafael,
California," dated October 18, 2012.
Page 8
0 500 1,000 FEET
APPROXIMATE SCALE
REFERENCE:
GOOGLE EARTH DATED 10/25/2009
FIGURE 1
SITE LOCATION MAP
PG&E FORMER SAN RAFAEL MGP SITE
SAN RAFAEL, CALIFORNIA
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FROM US -101 SOUTH
FORMER SAN RAFAEL MGP SITE
999 3RD STREET
SAN RAFAEL, CA. 94901
LOCAL HAUL ROUTE
BY TRUCK AND TRAIN TO:
• REPUBLIC SERVICES ECDC LANDFILL IN EAST CARBON, UTAH.
FROM SITE TO HWY 101
ALTERNATIVE FACILITIES FOR NON -HAZARDOUS SOIL INCLUDE:
LOCAL HAUL ROUTE
AND FROMHWY 101 TO SITE '
• ALTAMONT LANDFILL IN LIVERMORE, CA
NOT TO SCALE, NOT PROPORTIONAL
PG&E FORMER SAN RAFAEL MGP SITE
PEDESTRIAN -
SAN RAFAEL, CALIFORNIA
PEDESTRIAN
TRAFFIC CONTROL
TRAFFIC CONTROL
CLEAN HARBORS' LANDFILL IN BUTTONWILLOW, CA, AND
DURING TRUCK
DURING TRUCK
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SITE PLAN — — — — —`— —'—'® — n sD 120FEET
ENTERING AND EXITING THE SITE APPROXIMATE
SCALE
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BY TRUCK AND TRAIN TO:
• REPUBLIC SERVICES ECDC LANDFILL IN EAST CARBON, UTAH.
FIGURE 5
ALTERNATIVE FACILITIES FOR NON -HAZARDOUS SOIL INCLUDE:
LOCAL HAUL ROUTE
• FORWARD LANDFILL IN MANTECA, CA, AND
• ALTAMONT LANDFILL IN LIVERMORE, CA
PG&E FORMER SAN RAFAEL MGP SITE
ALTERNATIVE FACILITIES FOR HAZARDOUS SOIL INCLUDE:
SAN RAFAEL, CALIFORNIA
• KETTLEMAN HILLS LANDFILL IN KETTLEMAN CIN, CA,
CLEAN HARBORS' LANDFILL IN BUTTONWILLOW, CA, AND
TERRA PACIFIC GROUP
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