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HomeMy WebLinkAboutCD The Neighborhood at Los Gamos, A Proposed Mixed-Use ProjectTOPIC: THE NEIGHBORHOOD AT LOS GAMOS, A PROPOSED MIXED-USE PROJECT CONSISTING OF RESIDENTIAL AND COMMERCIAL LAND USES ON THE PROPERTY AT THE SOUTHERLY TERMINUS OF LOS GAMOS DRIVE NORTH OF OLEANDER DRIVE; CHRISTOPHER HART, APPLICANT AND PROPERTY OWNER. SUBJECT: ACTIONS TO ALLOW THE CONSTRUCTION OF THE NEIGHBORHOOD AT LOS GAMOS WITH 192 MULTI-FAMILY RESIDENTIAL UNITS; AN APPROXIMATELY 5,600- SQUARE-FOOT GROCERY STORE; A 5,000-SQUARE-FOOT COMMUNITY CENTER; AND 225 AT-GRADE AND SEMI-SUBTERRANEAN PARKING SPACES ON A 10.24 ACRE SITE LOCATED ON LOS GAMOS DRIVE NORTH OF OLEANDER DRIVE (APNS: 165-220-06 AND 165-220-07), INCLUDING APPROVAL OF: A.RESOLUTION ADOPTING AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION AND APPROVING A MITIGATION MONITORING AND REPORTING PROGRAM (IS20-004); B.RESOLUTION APPROVING A GENERAL PLAN AMENDMENT (GPA 20-001) FROM HILLSIDE RESOURCE RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL MIXED USE; C.ORDINANCE APPROVING A ZONE CHANGE (ZC 20-002) FROM PLANNED DISTRICT – HILLSIDE DEVELOPMENT OVERLAY DISTRICT (PD-H) AND RESIDENTIAL – HILLSIDE DEVELOPMENT OVERLAY DISTRICT (R2A-H) TO PLANNED DEVELOPMENT DISTRICT (PD); AND D.RESOLUTION APPROVING ENVIRONMENTAL AND DESIGN REVIEW (ED 20- 058)AND A VESTING TENTATIVE PARCEL MAP (TS20-002). FOR CITY CLERK ONLY Council Meeting: February 7, 2022 Disposition: Resolutions 15029 x 15030 x 15031; passed Ordinance No. 2003 to print Agenda Item No. 7.a Meeting Date: February 7, 2022 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: COMMUNITY DEVELOPMENT Prepared by: Alicia Giudice City Manager Approval: ____________ Community Development Director SAN RAFAEL CITY COUNCIL AGENDA REPORT/PAGE: 2 EXECUTIVE SUMMARY: The proposed mixed-use project includes 192 residences, 225 parking spaces, a 5,574 square-foot grocery store, and a 5,003 square-foot community center. The project is subject to Environmental and Design Review by the Planning Commission because it proposes a Major Physical Improvement (with three or more dwelling units) as defined in SRMC Section 14.25.040(A). The project proposes to provide 20 of the 192 dwelling units as affordable at the Low Income level, in compliance with San Rafael Municipal Code (SRMC) Section 14.16.030. Since the project commits to provide 10% of low income units on site, the project qualifies for State Density Bonus. With the application of State Density Bonus waivers and concessions, the project is consistent with the development standards of the Zoning Ordinance and General Plan. The project has been reviewed and recommended for approval by the Design Review Board and Planning Commission. Staff believes the Findings required to approve the project can be made and that all environmental impacts from the project can be mitigated to a less-than-significant level. RECOMMENDATION: Staff recommends that the City Council take the following actions: 1. Adopt the attached Resolution (Attachment 1) Adopting the Initial Study/Mitigated Negative Declaration (IS20-004) and Approving the Mitigation Monitoring and Reporting Program (MMRP); 2. Adopt the attached Resolution (Attachment 2) Approving the General Plan Amendment (GPA 20- 001) to change the designation of the property from Hillside Resource Residential (HRR) to Neighborhood Commercial Mixed Use (NCMU); 3. Introduce and pass to print the Ordinance (Attachment 3) Approving the Rezoning (ZC 20-002) of the property from Planned District – Hillside Development Overlay District (PD-H) and Residential – Hillside Development Overlay District (R2a-H) to Planned Development District (PD); and 4. Adopt the attached Resolution (Attachment 4) Conditionally Approving the Environmental and Design Review Permit (ED 20-058) and Vesting Tentative Parcel Map (TS20-002). BACKGROUND: In 2019, the applicant submitted a Conceptual Design Review for review and comment by staff and the Planning Commission. At a hearing on January 14, 2020, the Planning Commission reviewed the project and individual commissioners offered comments regarding: • Revised zoning to allow more intensity seems appropriate; • Multi-family housing, with a grocery store serving the residents, seems reasonable; • Affordable housing should be part of the proposal; • Landscaping and recreational amenities need to be carefully designed; • Plans should include photo-simulations to get a better sense of what the project will look like; • Environmental impacts need to be carefully considered. On December 14, 2020, the applicant team filed formal application to the city for Consideration. The project was deemed complete on June 10, 2021. The applicant conducted a virtual neighborhood meeting on the project on September 30, 2021, from 6 to 8 p.m. on Zoom. City staff did not attend the meeting. According to the applicant, a few people participated and provided generally positive comments about the project. SAN RAFAEL CITY COUNCIL AGENDA REPORT/PAGE: 3 At the public hearing of October 5, 2021, the Design Review Board reviewed the project, plans and attachments, and staff report. Following discussion, the Board unanimously recommended approval of the project subject to the following conditions: • Mitigate the appearance of building height with darker color palette consistent with Hillside Design Guidelines and horizontal elements to break of visual appearance of massing • Trees should be not planted in a uniform row but clustered with more natural spacing to the extent practicable for available planting area • Mitigate impact the 10’ – 16’ tall retaining walls with step backs or other applications such as texture/colors/materials/or vegetation • The project should return to the Board upon submitting for building permits to review consensus items. All these items have been incorporated into the conditions of approval for the project. At the public hearing of December 14, 2021, the Planning Commission recommended approval of the project with comments about the amount of parking proposed, the number of solar panels to be installed, the amount and type of electric vehicle charging to be installed in parking areas, ways the project could encourage residents to use alternative modes of transportation rather than automobiles, the dispersal of affordable housing, and about the grocery store use. PROJECT DESCRIPTION: The project proposes a General Plan Amendment to change the Land Use designation from Hillside Resource Residential to Neighborhood Commercial Mixed Use. A Zone Change is proposed from Planned District – Hillside Development Overlay District (PD-H) and Residential – Hillside Development Overlay District (R2a-H) to Planned Development District (PD). The General Plan Amendment and Zoning Change would allow mixed use development of the type proposed with residences, commercial uses including a grocery store, a leasing office and the community room. In addition, a Vesting Tentative Parcel Map is proposed to combine the two existing parcels. The project is subject to Environmental and Design Review because the project proposes a Major Physical Improvement (with three or more dwelling units) as defined in SRMC 14.16.030. Use: As constructed, the project proposes multifamily residential use; a small grocery store; a community center and the leasing office; parking, landscaping, private and common open space; and physical improvements including a circular driveway and retaining walls necessary to support the project. As part of the Planned Development regulations (Exhibit B to Attachment 3), the permitted uses on the site are those listed in the Neighborhood Commercial zone, plus the leasing office and community center. This ensures that any change of use of the commercial component will not require a zone change as long as the new use is among the list of Neighborhood Commercial uses. The residential component includes 192 dwelling units ranging in size from 496-square-foot studios to 1,153-square-foot three-bedroom units. There would be 36 studios, 48 one-bedroom units, 90 two- bedroom units, and 18 three-bedroom units. The two-bedroom units would be offered in three floor plans; the one and three-bedroom units would each have one floor plan. Each unit would have a private balcony or deck ranging from 72 square feet for the studios to 143 square feet for the three-bedroom units. The proposed 5,574-square-foot grocery store would be located on the ground floor of a two-story building that would also contain the 5,003 square-foot community center and leasing office of approximately 900 square feet. There is also a common outdoor recreation space on the roof of the community center including a children’s play area and a pergola providing a shaded seating area. The total amount of common open space including the rooftop recreational area and a series of terraces south of the building, would total approximately 10,000 square feet. South of the new buildings is the South Park area, over an SAN RAFAEL CITY COUNCIL AGENDA REPORT/PAGE: 4 acre of the hillside that would include a combination of undisturbed hillside and improved recreational areas. Affordability: The project would comply with the City’s affordable housing requirement by providing 10% of the units as affordable - a total of twenty (20) below market rate or BMR units. The project will provide all the apartments to persons of low-income earning 50-80% of the area wide median income. By providing 10% of units to Low-Income the project also qualifies for State Density Bonus Density: The project includes a total of 192 dwelling units. The proposed Neighborhood Commercial Mixed Use designation allows a density of 8.7 to 24.2 dwelling units per acre; or between 89 to 247 dwelling units on the 10.24-acre parcel. The proposed density is 18.75 dwelling units per acre so the project is consistent with the allowed density range under the San Rafael General Plan 2040. State Density Bonuses for affordable housing are allowed if the project qualifies and requests a state density bonus. The applicant has chosen to employ State Density Bonus Law but is not requesting bonus units (i.e. to exceed the maximum number of units permitted for this site.) Based on the commitment to include 10% of Low Income units on site, the project is entitled to one Concession and an unlimited number of Waivers to development standards that would physically preclude the construction of the project. The applicant has proposed the PD zoning with a density of 18.75 dwelling units per acre. Site Plan: The property totals 10.24 acres, or 446,054 square feet. Approximately 5.07 acres of the site would be improved with buildings, roads, and landscaping. Landscaping in the developed area would total approximately 1.29 acres. Another 0.19 acres of the site would be improved with bio-treatment areas to manage stormwater before it enters the storm drain network. South of the development area is the South Park area which is over an acre and includes both natural and improved open space. The improved area totals approximately 0.34 acres and includes children play structures, benches, paths, and a bridge to access the area from the new buildings. Approximately 4.83 acres of the site would remain as unimproved open space including areas west and upslope from the buildings as well as within the South Park area. A total of 50 percent of the site would remain as natural open space as defined in the City’s Hillside Design Guidelines. At-grade, above and adjacent to the grocery store/community center building would be a public plaza (the “Village Commons”) of almost 10,000 square feet that includes seating, a water feature, a children’s play area and other recreational amenities. Access to the site would be via a private driveway from Los Gamos Drive. The driveway would connect to a large loop internal driveway. Buildings 1 and 2 would have 36 parking spaces for the 36 apartments in each building. Buildings 3, 4 and 5 would have 33 parking spaces for the 40 apartments in each building. 213 parking spaces are proposed for the residences, and twelve parking spaces would serve the two-story grocery store and community center beneath that building, for a total of 225 spaces. The residential parking includes 171 covered spaces and 42 at-grade spaces. The project qualifies for the reduced parking standards of State Density Bonus Law (Government Code Section 65915(p)), which also requires the City to grant a waiver to parking requirements when needed to accommodate a housing project. A maximum of 246 parking spaces may be required for the 192 units, based on unit size, resulting in a deficit of 33 spaces for the residences. The City commercial parking standards require 42 spaces, giving a 30-space commercial parking deficit. As part of the density bonus application, the applicant has requested that a parking reduction be granted as a concession under State Density Bonus Law (Gov. Code Section 65915) for a total of 63 spaces. The apartment buildings range from three to four stories tall above semi-subterranean parking; total height varies from 47 to 58 feet in height above the natural grade. The allowed maximum height is 30 feet (2040 General Plan, Figure 3-3). The height increase is a requested permissible waiver under State Density Bonus Law. As shown on the building elevations (page A105 of the plans), the peaks of the proposed buildings are all below the ridgeline behind and west of the site. SAN RAFAEL CITY COUNCIL AGENDA REPORT/PAGE: 5 Landscaping would be planted around the proposed buildings, the surface parking areas and along the loop drive system. Trash would be stored in the parking garages. On collection days, bins would be moved to short-term at-grade pads adjacent to the buildings, then put away after collection. A storage enclosure would be provided for each apartment in half of the building level above the parking area. Views of the site from neighboring properties are shown on pages A801 and A802 of the plans. Some of the neighboring structures are also shown on A802. Architecture: The buildings are designed in a Contemporary style. Walls would be a combination of stucco, lap siding and painted concrete. Trim would be painted wood. Colors are earth-tones in complementary shades. Large areas of each of the walls of the residential buildings incorporate windows, introducing considerable light into the units. The buildings use horizontal and vertical articulation to break up the mass. The rooflines also vary and utilize gables to increase visual interest. The roofs would be a combination of composition shingle on the pitched roofs and rolled roofing on the flat area. Solar panels are proposed for each of the buildings. Perspective drawings of the proposed project are shown on pages L1.02, L1.05, L1.07, and L1.08 of the plans. Building renderings are shown on pages A301 and A302. Building elevations are shown on pages A105, A202, A205, and A209. Building and site sections are shown on pages A106, A203, A206, and A208. Landscaping: The existing hillside has a large number of trees, primarily oaks, concentrated for the most part south of the proposed development area. Almost half of the site (4.83 acres) would remain undisturbed. Of the 285 existing trees identified on the site, 55 are proposed for removal including 51 oaks, 1 Bay Laurel, 2 Stone Pines and 1 Australian Blackwood. A total of 210 trees are proposed to be planted including Cathedral Live Oaks, Coast Live Oaks, California Black Oaks, Scrub Oaks, Brisbane Box, Olive specimens and Crepe Myrtle. The plans include an extensive landscape palette (see plans L3.01-L3.03) and relies on a variety of low-water using trees, shrubs and groundcovers. The overall landscape plan is depicted on pages L1.03 and L1.04 of the plans. Grading/Drainage: Grading would occur to create the 5.07-acre development site, the off-site access road (on the easement owned by the applicant) to Los Gamos Drive, and, to a more limited extent, in the 0.34 acre improved open space area south of the proposed buildings. Grading is necessary to create the access to the site, the internal driveway system, building pads, and the landscaped areas, walls and paths near the buildings. Grading in the 0.34 acre improved open space area is proposed to create a walking path and pads for play structures and exercise equipment. Grading is depicted on the engineering plans, sheets C1, C2, C3 and C4. A total of 88,000 cubic yards of dirt is proposed to be moved: 71,000 cubic yards of cut and 17,000 cubic yards of fill. A total of 54,000 cubic yards of dirt is proposed to be removed from the site. It is estimated by the City’s Public Works Department that this would require 2,500 to 3,500 truck trips. A number of retaining walls are proposed. Walls behind the apartment buildings are a maximum height of eight feet tall. Walls behind the buildings are unlikely to be seen from offsite since the walls are shorter than the buildings. Other retaining walls are located near the buildings to support landscape planters and pedestrian paths. A number of retaining walls up to eight feet tall are proposed to support the internal driveway system. Retaining walls up to 5 feet tall are also proposed on both the north and south sides of the entry driveway. Retaining walls up to 16 feet tall are used to create two terraces south of the grocery store/community center building. These terraces would provide informal recreational amenities with a lawn at the upper level, seating areas with trellis covers and water features on the middle level, and seating with a fire-pit SAN RAFAEL CITY COUNCIL AGENDA REPORT/PAGE: 6 on the lowest levels. Each of these areas would also be landscaped with trees and shrubs as would the areas below and between the two lowest walls. All retaining walls other than those behind the buildings would be concrete block construction with a stucco finish. Vines would trail over the top of the walls and trees and shrubs would be planted below them to create an effective screen. The Mitigated Negative Declaration includes the following description of stormwater management on the project: The project design, prepared by Tarnoff Engineering Corporation, includes stormwater management utilizing bioretention areas which would result in peak stormwater flow rates from the site maintained in the proposed condition. The bioretention areas have been designed to account for enough storage volume to attenuate peak flows on and from the site. As such, the proposed project would not result in flooding on‐ or off‐site. It is required by Marin County and the City of San Rafael that the proposed development would not increase the discharged storm drain peak flow and volume. Because the site is currently vacant, development of the site with the proposed project would require attenuating the flow and volume of storm drain run-off discharged from the site. The Tarnoff Hydrology study prepared in April 2021 includes calculations for bioretention basins, infiltration planters and underground storage designed to eliminate impacts to water quality and quantity downstream. Construction level plans would be required to satisfy the City of San Rafael Urban Runoff Pollution Prevention Ordinance to ensure that no new net run-off or pollutants from stormwater runoff would result from the proposed project. Furthermore, the project would be required to satisfy BMPs and LID to minimize impacts from construction activities. For these reasons, the impact would be considered less than significant, and no mitigation would be required. Mitigation Measures HYDRO-1 and HYDRO-2 include various steps to ensure that drainage is managed effectively and avoids off-site impacts. In addition, Mitigation Measure GEO-3 requires the preparation of a detailed drainage plan to address drainage and erosion control issues. A more complete project description can be viewed in the December 14, 2021 Staff Report to the Planning Commission. ANALYSIS: A complete analysis of the project’s consistency with the applicable plans, regulations and policies can be found in the December 14, 2021 Staff Report to the Planning Commission. General Plan 2040 Consistency: The project has been reviewed for consistency with the San Rafael General Plan 2040 (Exhibit B to Attachment 2). The General Plan land use designation proposed for the property (Neighborhood Commercial Mixed Use) allows residential-commercial mixed use development at the intensity proposed. The project also furthers the goal of providing additional housing. There are numerous policies and programs that are pertinent to the site and the project. The General Plan contains many competing policies that need to be weighed and considered. Consistency with a General Plan is determined by reviewing and weighing the goals and polices of all elements of the San Rafael General Plan 2040. Staff has evaluated the project and found it to be consistent or consistent with conditions for the applicable San Rafael General Plan 2040 Policies and Programs, including the following Elements: Land Use, Housing, Community Design and Preservation, Conservation and Climate Change, Parks, Recreation and Open Space, Safety and Resilience, Noise, Mobility, Community Services and Infrastructure, and Equity Diversity and Inclusion. On balance, the proposed residential development would be consistent with the pertinent policies and programs of the General Plan 2040. SAN RAFAEL CITY COUNCIL AGENDA REPORT/PAGE: 7 Zoning Ordinance Consistency: The proposed land use is consistent with the proposed Neighborhood Commercial Mixed Use (NCMU) designation in the Land Use Element of the General Plan and the proposed Planned Development (PD) zoning. As noted in the Property Facts and Project Description of the December 14, 2021 Staff Report to the Planning Commission, the project complies with the allowed residential density, commercial FAR, and required lot size. With the approval of the requested Waiver and Concession as provided by State Density Bonus law, the project is consistent with all zoning standards. Subdivision Ordinance Consistency: An application has been submitted for a Vesting Tentative Parcel Map. The applicant proposes to combine the existing parcels and adjust the boundaries. Since the proposal involves four or fewer properties and is a Vesting Tentative Parcel Map, it is considered a Minor Subdivision (SRMC Sec. 15.03) and is processed under that section. The benefit to the developer to apply for a Vesting Tentative Parcel Map is that the “approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the city of San Rafael ordinances, policies and standards adopted and in place on the date the vesting tentative map application has been deemed complete, as described in Section 66474.2 of the Subdivision Map Act” (SRMC Sec. 15.03.030(a)). The site would be adequately served by various utilities as required by SRMC Sec. 15.06.020. The project is consistent with the standards found in SRMC Sec. 15.06.030 for minimum lot size, lot dimension and depth. No new public or private streets are proposed. Although the site does not have frontage on a public street, access to Los Gamos, via an easement owned by the applicant, is allowed as part of the proposed Planned Development district as provided by SRMC Sec. 15.06.040. The project will conform to the grading and fire protection standards listed in SRMC Secs. 15.06.110 and .120. Utilities will be undergrounded as provided by SRMC. The site is consistent with the standards of the Subdivision Ordinance. California Environmental Quality Act (CEQA): The project is subject to environmental review. An Initial Study (IS) was completed for the project, which resulted in preparation of a Mitigated Negative Declaration (MND). The Initial Study/Mitigated Negative Declaration (IS/MND) document has been prepared in consultation with local, and state responsible and trustee agencies and in accordance with Section 15063 of the CEQA Guidelines. Furthermore, the IS/MND will serve as the environmental compliance document required under CEQA for any subsequent phases of the project and for permits/approvals required by a responsible agency. The MND was circulated for a 30-day public review period commencing on November 2, 2021 and concluding on November 30, 2021. The IS/MND concluded that the proposed project would result in potentially significant impacts in Aesthetics, Air Quality, Biological Resources, Cultural and Tribal Cultural Resources, Geology and Soils, and Hydrology and Water Quality. The project impacts would be mitigated to a less-than-significant level through implementation of recommended mitigation measures or through compliance with existing Municipal Code requirements or City standards. Recommended measures are summarized in the Mitigation Monitoring and Reporting Plan (MMRP) (Attachment 1 Exhibit A). The City received comments on the MND before the December 14, 2021 Planning Commission hearing. The letter from the California Department of Fish and Wildlife (CDFW) expressed a number of concerns and asked for additional mitigation measures to address potential impacts to the drainageway crossed by the proposed bridge, the removal of mature trees, and potential impacts to burrowing owls, the American badger, roosting bats and special status plants. Mitigation measures addressing these issues have been added to the MMRP and Final MND. The Response to Comments and the letter from CDFW are provided as an exhibit to the resolution adopting the MND (Attachment 1 Exhibit B). SAN RAFAEL CITY COUNCIL AGENDA REPORT/PAGE: 8 The resolution adopting the Mitigated Negative Declaration and approving the Mitigation Monitoring and Reporting Program is included as Attachment 1. All mitigation measures prescribed by the IS/MND and the Response to Comments have also been incorporated as conditions of approval of the project entitlements in the Resolution conditionally approving the Design Review Permit and Vesting Tentative Parcel Map (Attachment 3). COMMUNITY OUTREACH: Notice of all public hearings on the project, for the Design Review Board and Planning Commission (15- day review), the Initial Study/Mitigated Negative Declaration (CEQA) public comment period (30-day review) and the City Council hearing (15-day review) were conducted in accordance with public review period and noticing requirements contained in the Zoning Ordinance. All notices of public meeting or hearing were mailed to all property owners and occupants within a 300-foot radius of the subject site and the Mont Marin/San Rafael Park Neighborhood Association, and all other interested parties, at least 15 days prior to each meeting or hearing. In addition, notice of each meeting/hearing was posted on the subject site at least 15 days prior to the date of each meeting or hearing. In general, comments received from the public expressed concern about the potential impacts to the adjacent commercial office building, wildlife, traffic and climate change; availability of water during a drought; increasing crime rates; and the cumulative effect related to other residential projects approved nearby. Conditions of approval have been added to address potential traffic impacts to the existing office building. Numerous trees will be planted between the project and the office building, helping to reduce the visual impact of the project. Mitigation measures will ensure that any potential impacts to protected species are reduced to a less-than-significant level. Responsible public agencies have stated that, as conditioned, the project can be adequately supplied with water. As to the comment on climate, the MND documented that the project would have less-than-significant impacts on greenhouse gases, which in combination with water supply, is the closest relevant response. As to the comment on increasing crime rates, the Police Department has reviewed the proposal and has not objected. In addition, the MND determined that the project would not pose a risk to public safety or impact levels of service. All public comments received by staff on the project are included as Attachment 5. CHANGES SINCE PLANNING COMMISSION REVIEW: In response to discussion at the Planning Commission hearing on December 14, 2021, the applicant agreed to revised conditions of approval. Condition 48 stipulates that at least 10% of the parking spaces will have electric vehicle chargers and that electrical raceways shall be installed in all parking areas to facilitate future installation of additional charging stations. Condition 49 requires the applicant to install the maximum amount of rooftop solar arrays as is reasonably feasible. Condition 50 requires the applicant to evenly distribute the affordable units throughout the project and show the locations on a plan. Condition 51 requires the applicant to implement transportation demand management measures to reduce the reliance on single-occupant vehicles. The measures include unbundled parking (where rental of the dwelling units and the parking spaces are under separate agreements and separate costs); an onsite vehicle rideshare program; a designated onsite employee to provide transit and ridesharing information to residents; and a designated bike parking area including infrastructure for charging electric bikes. The applicant provided a revised description of the PD development standards (Exhibit B to Attachment 3) that defines the allowed uses in the project as those described in the Planning Commission staff report, those shown on the plans, and “any other use permitted as a matter of right in the Neighborhood Commercial zoning district pursuant to SRMC Section 14.05.020.” This allows the residences, the grocery store, the community center, and the leasing office. By referencing the allowed uses in the Neighborhood Commercial zone, the project can change between a limited set of uses without requiring a zone change each time there is a change of use. SAN RAFAEL CITY COUNCIL AGENDA REPORT/PAGE: 9 FISCAL IMPACT: The costs associated with processing the planning applications for this project are borne by the applicant and are subject to 100% cost recovery of staff time, and therefore would have no direct fiscal impact on the City budget. The project would generate 78 am and 102 pm net new peak hour vehicle trips, which would be subject to the payment of a Traffic Mitigation Fee of $764,280 (180 trips x $4,246/new peak hour traffic trip) to assist in funding needed off-site transportation improvements. All utility connections (sewer, water, gas/electric) will be constructed at the cost of the property owner. Further, all public improvements along the site frontages will be constructed at the cost of the property owner. OPTIONS: The City Council has the following options: 1. Approve the applications to the City Council as presented (staff recommendation). 2. Approve the applications with certain modifications, changes or additional conditions of approval 3. Continue the hearing to allow the applicant to address any of the Council’s comments or concerns 4. Deny the project and direct staff to return with a revised Resolutions. RECOMMENDED ACTION: Staff recommends that the City Council: 1. Adopt a Resolution adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (Attachment 1); 2. Adopt a Resolution approving a General Plan Amendment (Attachment 2); 3. Pass an Ordinance to print approving the Rezoning from Planned District – Hillside Development Overlay District (PD-H) and Residential – Hillside Development Overlay District (R2a-H) to Planned Development District (PD) (Attachment 3); and 4. Adopt a Resolution Conditionally Approving the Environmental and Design Review Permit and Vesting Tentative Parcel Map applications for the project (Attachment 4). ATTACHMENTS: 1. Resolution Adopting a Mitigated Negative Declaration and Approving the Mitigation Monitoring and Reporting Program 2. Resolution Approving a General Plan Amendment 3. Ordinance Adopting a Planned Development (PD) Rezoning 4. Resolution Conditionally Approving the Environmental and Design Review Permit and Vesting Tentative Parcel Map applications 5. Public comments 6. Public Hearing Notice 1 RESOLUTION NO. 15029 RESOLUTION OF THE CITY OF SAN RAFAEL CITY COUNCIL ADOPTING AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION AND APPROVING THE MITIGATION MONITORING AND REPORTING PROGRAM FOR A GENERAL PLAN AMENDMENT (GPA 20-001), ZONE CHANGE (ZC 20-002), VESTING TENTATIVE PARCEL MAP, AND ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED 20-058), FOR THE CONSTRUCTION OF A MIXED-USE PROJECT CONSISTING OF 192 RESIDENTIAL APARTMENT UNITS, A 5,600 SQUARE-FOOT MARKET, A 5,000 SQUARE FOOT COMMUNITY CENTER, AND 225 AT-GRADE AND SEMI-SUBTERRANEAN PARKING SPACES, ON A 10.24 ACRE SITE LOCATED AT THE SOUTHERLY TERMINUS OF LOS GAMOS DRIVE NORTH OF OLEANDER DRIVE (THE NEIGHBORHOOD AT LOS GAMOS) (APNS: 165-220-06 AND 165-220-07) WHEREAS, on December 22, 2020, Christopher Hart, applicant, submitted applications for a General Plan Amendment (GPA 20-001) from Hillside Resource Residential to Neighborhood Commercial Mixed Use; Zone Change (ZC 20-002) from Planned District – Hillside Development Overlay District (PD-H) and Residential – Hillside Development Overlay District (R2a-H) to Planned Development District (PD); Vesting Tentative Parcel Map to combine and adjust the boundaries of the existing parcels; and Environmental and Design Review (ED 20-058) for a mixed-use project with 192 multi-family residential units; an approximately 5,600-square-foot market; a 5,000-square-foot community center; and 225 at-grade and semi-subterranean parking spaces; on a 10.24 acre site located at the southerly terminus of Los Gamos Drive north of Oleander Drive; and WHEREAS, on September 30, 2021, the applicant held a Neighborhood Meeting via zoom which was duly noticed to the residents and property owners within 300’ of the project site and notice of the meeting was also posted on the site; and WHEREAS, on October 5, 2021, the project was considered by the Design Review Board (DRB) which recommended approval of the project subject to conditions to reconsider a darker color palette for the walls of the structures, to try to provide a more natural and less formal arrangement of the proposed trees on the project, to mitigate the impact of the tall retaining walls in the Village Commons, and for the project to come back for final review of the design details by the DRB when building permits were submitted; and WHEREAS, as required by the California Environmental Quality Act (CEQA) Guidelines, staff determined that the applications for a general plan amendment, zone change, vesting tentative parcel map, and environmental and design review permits, are a ‘project,’ making it subject to environmental review. Pursuant to CEQA Guidelines Section 15063, an Initial Study/Mitigated Negative Declaration (IS/MND) was prepared to determine the potential environmental impacts of the project. The IS/MND is supported by several technical studies including air quality, noise, geotechnical and traffic); and WHEREAS, as demonstrated in the preparation of the Initial Study/Mitigated Negative Declaration (IS/MND), all potentially significant effects on the environment identified in the IS/MND can be mitigated to less-than-significant levels with implementation of the recommended mitigation measures, including impacts to Aesthetics, Air Quality, Biological Resources, Cultural and Tribal Cultural Resources, Geology and Soils, and Hydrology and Water Quality. Therefore, consistent with CEQA Guidelines Section 15070, the Initial Study supports and recommends adoption of a Mitigated Negative Declaration; and WHEREAS, consistent with the requirements of the CEQA Guidelines, a Mitigation Monitoring and Reporting Program (MMRP) was prepared which outlines the procedures/steps and requirements 2 for implementing all mitigation measures identified in the Initial Study/Mitigated Negative Declaration. The MMRP is attached hereto as Attachment A and incorporated by reference; and WHEREAS, the subject site was posted with a public notice regarding the Mitigated Negative Declaration prepared for this project and notices were published in a local newspaper of general circulation in the area and mailed to surrounding property owners within 300 feet, pertinent agencies (including responsible and trustee agencies), organizations and special interest groups in conformance with the CEQA Guidelines Section 15072; and WHEREAS, copies of the IS/MND were submitted to the State Office of Planning and Research (OPR) and made available for a 30-day review period by pertinent agencies and interested members of the public, commencing on November 2, 2021 and concluding on November 30, 2021; and WHEREAS, the City has evaluated the comments received by public agencies, utilities, organizations, special interest groups and persons who have reviewed the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, including the letter received from the California Department of Fish and Wildlife, commenting on the adequacy of the Initial Study/Mitigated Negative Declaration and recommending additional mitigation measures and conditions of approval. Staff has added these mitigation measures to the revised MMRP and MND and the proposed conditions to the project conditions; and WHEREAS, on December 14, 2021, the Planning Commission held a duly-noticed public hearing on the proposed project, the IS/MND and MMRP, and the applications for General Plan Amendment, Zone Change, Vesting Tentative Parcel Map, and Environmental Design Review Permits, for the mixed- use project at the terminus of Los Gamos Drive, accepting all oral and written public testimony and the written report of the Department of Community Development. On a vote of 5-0-2 (Commissioners Mercado and Previtali absent), the Planning Commission adopted Resolution 21-10, recommending that the City Council adopt the IS/MND and approve a Mitigation Monitoring and Reporting Program; and WHEREAS, on February 7, 2022, the City Council held a duly-noticed public hearing on the proposed project, accepting and considering all oral and written public testimony and the written report of the Department of Community Development; and WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based is the Community Development Department; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael does hereby adopt the Mitigated Negative Declaration and approves the Mitigation Monitoring and Reporting Program as presented in Attachment A based on the findings that: a) The City exercised its independent judgment in evaluating the Mitigated Negative Declaration which has been considered in conjunction with the comments received during the public review period and at the Planning Commission hearing. Based on this review, the City Council finds and determines that: 1) there is no substantial evidence that the project will have a significant impact on the environment; and 2) project mitigation measures have been incorporated into the project which will reduce the potential impacts to less-than-significant levels. b) A Mitigation Monitoring and Reporting Program has been prepared for adoption to ensure implementation of, and compliance with, all conditions required to mitigate any impact to a less- than-significant level. All mitigation measures have also been included as conditions of the project’s approval by separate Resolution. 3 I, Lindsay Lara, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael City Council held on Monday, the 7th day of February 2022, by the following vote to wit: AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None LINDSAY LARA, City Clerk Exhibit A: Mitigation Monitoring and Reporting Program Exhibit B: Response to Comments Mitigation Monitoring and Reporting Program 1 Los Gamos Apartments Exhibit A MITIGATION MONITORING AND REPORTING PROGRAM Los Gamos Apartments Mitigation Measure Implementation Procedure Monitoring Responsibility Monitoring / Reporting Action & Schedule Non-Compliance Sanction/Activity Monitoring Compliance Record (Name/Date) I. AESTHETICS I(d). Mitigation Measure AES-1: Prior to the Building Permit final inspection, the project applicant shall submit to the satisfaction of the Community Development Department Director, a post-installation photometric lighting study showing that the lighting on site complies with the approved lighting levels per ED18-100 and the requirements of SRMC 14.16.227. The project applicant shall also demonstrate to the Building Division that outdoor lighting fixtures meet the requirements of the California Energy Code (known as Part 6, Title 24 of the California Code of Regulations) Require as a condition of approval Planning Division Building Division Incorporate as condition of project approval Planning Division verifies appropriate plan/study obtained prior to issuance of building permit Deny project Deny issuance of building permit or halt work in reliance of the permit if the lighting study does not demonstrate compliance III. AIR QUALITY III (b). Mitigation Measure AQ-1: Include basic measures to control dust and exhaust during construction. During any construction period ground disturbance, the applicant shall ensure that the project contractor implement measures to control dust and exhaust. Implementation of the measures recommended by BAAQMD and listed below would reduce the air quality impacts associated with grading and new construction to a less-than-significant level. The contractor shall implement the following best management practices that are required of all projects: 1. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. Require as a condition of approval Project sponsor obtains approvals from appropriate agencies prior to issuance of building permits Planning Division Building Division Incorporate as condition of project approval Building Division verifies appropriate approvals obtained prior to issuance of building permit If construction activity is found out of compliance, Project sponsor halts work immediately Deny project Deny issuance of building permit Stop Work Order or revocation of permit Mitigation Monitoring and Reporting Program 2 Los Gamos Apartments MITIGATION MONITORING AND REPORTING PROGRAM Los Gamos Apartments Mitigation Measure Implementation Procedure Monitoring Responsibility Monitoring / Reporting Action & Schedule Non-Compliance Sanction/Activity Monitoring Compliance Record (Name/Date) 2. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. 3. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. 4. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph). 5. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. 6. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. 7. All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. 8. Post a publicly visible sign with the telephone number and person to contact at the City of San Rafael Building Division regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District's phone number shall also be visible to ensure compliance with applicable regulations. III(b). Mitigation Measure AQ-1a: All diesel-powered off- road equipment, larger than 25 horsepower, operating on the site for more than two days continuously shall, at a minimum, Require as a condition of approval Planning Division Incorporate as condition of project approval Deny project Mitigation Monitoring and Reporting Program 3 Los Gamos Apartments MITIGATION MONITORING AND REPORTING PROGRAM Los Gamos Apartments Mitigation Measure Implementation Procedure Monitoring Responsibility Monitoring / Reporting Action & Schedule Non-Compliance Sanction/Activity Monitoring Compliance Record (Name/Date) meet U.S. EPA particulate matter emissions standards for Tier 2 engines with CARB-certified Level 3 Diesel Particulate Filters or equivalent. • The use of equipment meeting U.S. EPA Tier 4 standards for particulate matter would also meet this requirement. • Use of equipment that includes alternatively -fueled equipment (i.e., non-diesel) would meet this requirement. • Other measures may be the use of added exhaust devices, or a combination of measures, provided that these measures are approved by the City and demonstrated to reduce community risk impacts to less-than-significant levels. Project sponsor provides equipment list prior to issuance of building permits Public Works Department / Building Division Building Division verifies appropriate approvals obtained prior to issuance of building permit If construction activity is found out of compliance, Project sponsor halts work immediately Deny issuance of building permit Stop Work Order or revocation of permit III(c) Mitigation Measure AQ-2: Include high-efficiency particulate filtration systems in residential ventilation systems. The project shall include the following measures to minimize long-term increased cancer risk and annual PM2.5 exposure for new project occupants: 1. Install air filtration in residential dwellings. Air filtration devices shall be rated MERV 13 or higher. To ensure adequate health protection to sensitive receptors (i.e., residents), this ventilation system, whether mechanical or passive, all fresh air circulated into the dwelling units shall be filtered, as described above. 2. As part of implementing this measure, an ongoing maintenance plan for the buildings' heating, ventilation, and air conditioning (HV AC) air filtration system shall be required. 3. Ensure that the use agreement and other property documents: (1) require cleaning, maintenance, and monitoring of the affected buildings for air flow leaks, Require as a condition of approval Project sponsor obtains approvals from appropriate agencies prior to issuance of building permits Planning Division Building Division Incorporate as condition of project approval Building Division verifies appropriate approvals obtained prior to issuance of building permit Deny project Deny issuance of building permit Mitigation Monitoring and Reporting Program 4 Los Gamos Apartments MITIGATION MONITORING AND REPORTING PROGRAM Los Gamos Apartments Mitigation Measure Implementation Procedure Monitoring Responsibility Monitoring / Reporting Action & Schedule Non-Compliance Sanction/Activity Monitoring Compliance Record (Name/Date) (2) include assurance that new owners or tenants are provided information on the ventilation system, and (3) include provisions that fees associated with owning or leasing a unit(s) in the building include funds for cleaning, maintenance, monitoring, and replacements of the filters, as needed. IV. BIOLOGICAL RESOURCES IV(a). Mitigation Measure BIO-1a: The project sponsor shall conduct pre-construction surveys prior to initiation of any construction activities, including the following: • Rare Plant Survey. Prior to initiation of construction, a qualified botanist will survey for this species during their blooming season (April through November) to ensure these plants are not impacted. If individual plants are located within the development footprint, the qualified botanist will transplant individual plants to an area with the habitat requirements for this species in an area that will remain undisturbed within the Project Area. Require as a condition of approval Project sponsor designates qualified professional prior to start of construction and obtains approvals from appropriate agencies prior to issuance of building permits Planning Division Planning / Building Division Incorporate as condition of project approval. Project applicant conducts pre-construction survey before permit issuance. Planning / Building Division verifies survey conducted prior to issuance of building permit If biological resources are discovered during construction, Project Deny project Deny issuance of building permit Stop Work Order or revocation of permit Mitigation Monitoring and Reporting Program 5 Los Gamos Apartments MITIGATION MONITORING AND REPORTING PROGRAM Los Gamos Apartments Mitigation Measure Implementation Procedure Monitoring Responsibility Monitoring / Reporting Action & Schedule Non-Compliance Sanction/Activity Monitoring Compliance Record (Name/Date) • Special-Status Plant Survey and Avoidance. A qualified botanist shall conduct surveys during the appropriate blooming period for all special-status plants that have the potential to occur on or adjacent to the Project area prior to the start of ground - disturbing activities and prepare a report documenting survey findings. Habitat adjacent to the Project area should be surveyed if the Project may have indirect impacts off-site as a result of changes to hydrological conditions or other indirect impacts. More than one year of surveys may be necessary. Surveys and reporting shall be conducted following Protocols for Surveying and Evaluating Impacts to Special-Status Native Plant Populations and Sensitive Natural Communities. Surveys shall be submitted to CDFW for review and written acceptance. If special-status plants are found during surveys, the Project shall be re-designed to avoid impacts to special-status plants. If impacts to any special-status plants cannot be avoided completely during construction, the Project shall provide mitigation including on-site restoration, off-site habitat preservation, or another method accepted in writing by CDFW. The qualified botanist shall be knowledgeable about plant taxonomy, familiar with plants of the region, and have experience conducting botanical field surveys according to vetted protocols. • Tree Removal and Migratory Bird Protection. Tree and shrub removal will be conducted between September 1 and February 14, outside of nesting bird season, to the extent possible. Tree removal between February 15 and August 31 will require a Require as a condition of approval Project sponsor designates qualified professional prior to start of construction and obtains approvals from appropriate agencies prior to issuance of building permits Require as a condition of approval. Planning Division Planning Division sponsor stops work immediately Mitigation Monitoring and Reporting Program 6 Los Gamos Apartments MITIGATION MONITORING AND REPORTING PROGRAM Los Gamos Apartments Mitigation Measure Implementation Procedure Monitoring Responsibility Monitoring / Reporting Action & Schedule Non-Compliance Sanction/Activity Monitoring Compliance Record (Name/Date) nesting bird survey by a qualified biologist no more than 7 days prior to work occurring. • Active Bird Nest. If at any time of the year an active bird nest is observed within or near work sites, work within 50 feet of the observed nest shall cease, care shall be taken not to disturb the nest, and the work supervisor shall contact designated biologist for guidance on how to proceed. A no-work buffer will be implemented by the biologist as appropriate to protect the nest until the young have fledged. • Bat Tree Habitat Assessment and Surveys. Prior to any tree removal, a qualified biologist shall conduct a habitat assessment for bats. The habitat assessment shall be conducted a minimum of 30 to 90 days prior to tree removal and shall include a visual inspection of potential roosting features (e.g., cavities, crevices in wood and bark, exfoliating bark, and suitable canopy for foliage roosting species). If suitable habitat trees are found, they shall be flagged or otherwise clearly marked and tree trimming or removal shall not proceed unless the following occurs: a) in trees with suitable habitat, presence of bats is presumed, or documented during the surveys described below, and removal using the two-step removal process detailed below occurs only during seasonal periods of bat activity, from approximately March 1 through April 15and September 1 through October 15, or b) after a qualified biologist conducts night emergence surveys or completes visual examination of roost features that establish absence of roosting bats. Require as a condition of approval. Require as a condition of approval. Planning Division Planning Division Mitigation Monitoring and Reporting Program 7 Los Gamos Apartments MITIGATION MONITORING AND REPORTING PROGRAM Los Gamos Apartments Mitigation Measure Implementation Procedure Monitoring Responsibility Monitoring / Reporting Action & Schedule Non-Compliance Sanction/Activity Monitoring Compliance Record (Name/Date) Two-step tree removal shall be conducted over two consecutive days, as follows: • the first day (in the afternoon), under the direct supervision and instruction by a qualified biologist with experience conducting two-step tree removal, limbs and branches shall be removed by a tree cutter using chainsaws only; limbs with cavities, crevices or deep bark fissures shall be avoided; and • the second day the entire tree shall be removed. IV(a). Mitigation Measure BIO-1b: Burrowing Owl Habitat Assessment, Surveys, and Avoidance. Prior to Project activities, a habitat assessment shall be performed following Appendix C: Habitat Assessment and Reporting Details of the CDFW Staff Report on Burrowing Owl Mitigation4(CDFW 2012 Staff Report). The habitat assessment shall extend at least 492 feet (150 meters) from the Project site boundary or more where direct or indirect effects could potentially extend offsite (up to 500 meters or 1,640 feet) and include burrows and burrow surrogates. If the habitat assessment identifies potentially suitable burrowing owl habitat, then a qualified biologist shall conduct surveys following the CDFW 2012 Staff Report survey methodology. Surveys shall encompass the Project site and a sufficient buffer zone to detect owls nearby that may be impacted commensurate with the type of disturbance anticipated, as outlined in the CDFW 2012 Staff Report, and include burrow surrogates such as culverts, piles of concrete or rubble, and other non-natural features, in addition to burrows and mounds. Time lapses between surveys or Project activities Require as a condition of approval. Prior to the issuance of building permits, project sponsor designates qualified professional prior to start of construction and conduct assessments and surveys. Final survey to be conducted within 24 hours of ground disturbance. Prior to issuance of building permits, project sponsor designates qualified professional prior to start of construction to coordinate with CDFW to find Planning Division Planning / Building Division Incorporate as condition of project approval. Prior to issuance of building permit, qualified professional coordinates with CDFW to find appropriate off-site burrow locations. Prior to issuance of building permit, Planning / Building Division verifies permanent preservation of off- site burrow locations is satisfactory to CDFW. Deny issuance of building permit Stop work if final survey discovers burrowing owls. Mitigation Monitoring and Reporting Program 8 Los Gamos Apartments MITIGATION MONITORING AND REPORTING PROGRAM Los Gamos Apartments Mitigation Measure Implementation Procedure Monitoring Responsibility Monitoring / Reporting Action & Schedule Non-Compliance Sanction/Activity Monitoring Compliance Record (Name/Date) shall trigger subsequent surveys, as determined by a qualified biologist, including but not limited to a final survey within 24 hours prior to ground disturbance. The qualified biologis t shall have a minimum of two years of experience implementing the CDFW 2012 Staff Report survey methodology resulting in detections. Detected burrowing owls shall be avoided pursuant to the buffer zone prescribed in the CDFW 2012 Staff Report and any passive relocation plan for non-nesting owls shall be subject to CDFW review. Burrowing Owl Wintering Habitat Mitigation. If the Project would impact an occupied burrow (where a non-nesting wintering owl would be evicted as described above), the following habitat mitigation shall be implemented prior to Project construction: • Impacts to each burrow site shall be mitigated by permanent preservation of two occupied burrow sites with appropriate foraging habitat within Marin County, unless otherwise approved by CDFW, through a conservation easement and implementing and funding a long-term management plan in perpetuity. The Project may implement alternative methods for preserving habitat with written acceptance from CDFW. IV(a); Mitigation Measure BIO-1c: American Badger Preconstruction Wildlife Survey. Within one week prior to initiation of construction, a qualified biologist will survey the Project Area for potential American badger burrows. If potentially occupied burrows are detected, an avoidance appropriate off-site burrow locations. Require as a condition of approval. Prior to the issuance of building permits, project sponsor designates qualified professional to conduct assessment and surveys and Planning Division Planning / Building Division Incorporate as condition of project approval. Qualified professional conducts pre-construction survey before permit issuance. Planning / Building Division verifies survey conducted prior to issuance of building permit Incorporate as condition of project approval. Qualified professional conducts assessments Deny issuance of building permit Stop work if final survey discovers Mitigation Monitoring and Reporting Program 9 Los Gamos Apartments MITIGATION MONITORING AND REPORTING PROGRAM Los Gamos Apartments Mitigation Measure Implementation Procedure Monitoring Responsibility Monitoring / Reporting Action & Schedule Non-Compliance Sanction/Activity Monitoring Compliance Record (Name/Date) buffer will be approved by CDFW, and established to protect the burrow from construction impacts. If a sufficient buffer cannot be established, the biologist will prepare a relocation plan to be approved by CDFW and implemented prior to initiation of construction. If construction is suspended for more than 1 week or is initiated in an area more than 2500 feet from active construction, a new survey will be performed prior to re-starting work or starting work in new areas. to prior to start of construction. Require as a condition of approval. Prior to issuance of building permits, project sponsor designates qualified professional prior to start of construction to coordinate with CDFW to find appropriate off-site burrow locations. and surveys as outlined in the mitigation measure and provides copy of results to Planning Division. Planning / Building Division verifies assessments and surveys conducted prior to issuance of building permit. Planning / Building Division verifies final survey was conducted within 24 hours of ground disturbance.. suitable habitat trees. Deny issuance of building permit V. CULTURAL RESOURCES Mitigation Monitoring and Reporting Program 10 Los Gamos Apartments MITIGATION MONITORING AND REPORTING PROGRAM Los Gamos Apartments Mitigation Measure Implementation Procedure Monitoring Responsibility Monitoring / Reporting Action & Schedule Non-Compliance Sanction/Activity Monitoring Compliance Record (Name/Date) V(b). Mitigation Measure CULT-1: Protect Archaeological Resources Identified during Construction: The project sponsor shall ensure that construction crews stop all work within 100 feet of the discovery until a qualified archaeologist can assess the previously unrecorded discovery and provide recommendations. Resources could include subsurface historic features such as artifact-filled privies, wells, and refuse pits, and artifact deposits, along with concentrations of adobe, stone, or concrete walls or foundations, and concentrations of cer amic, glass, or metal materials. Native American archaeological materials could include obsidian and chert flaked stone tools (such as projectile and dart points), midden (culturally derived darkened soil containing heat-affected rock, artifacts, animal bones, and/or shellfish remains), and/or groundstone implements (such as mortars and pestles). Require as a condition of approval Project sponsor designates qualified professional pursuant to NAHC requirements and obtains approvals from appropriate agencies prior to issuance of building permits Planning Division Planning /Building Division Incorporate as condition of project approval Project sponsor to halt work immediately upon discovery of unknown resources Planning / Building Division verifies appropriate professionals/approva ls obtained prior to issuance of building permit Deny project Halt building permit V(c). Mitigation Measure CULT-2: Protect Human Remains Identified During Construction: The Project proponent shall treat any human remains and associated or unassociated funerary objects discovered during soil- disturbing activities according to applicable State laws. Such treatment includes work stoppage and immediate notification of the Marin County Coroner and qualified archaeologist, and in the event that the Coroner’s determination that the human remains are Native American, notification of NAHC according to the requirements in PRC Section 5097.98. NAHC would appoint a Most Likely Descendant (“MLD”). A qualified archaeologist, Project proponent, County of Marin, and MLD shall make all reasonable efforts to develop an agreement for the treatment, with appropriate dignity, of any human remains and associated or unassociated funerary objects (CEQA Guidelines Section 15064.5[d]). The Require as a condition of approval Project sponsor designates qualified professional pursuant to NAHC requirements and obtains approvals from appropriate agencies prior to issuance of building permits Planning Division Planning /Building Division Incorporate as condition of project approval Project sponsor to halt work immediately upon discovery of unknown resources Planning / Building Division verifies appropriate professionals/approva ls obtained prior to issuance of building permit Deny project Halt building permit Mitigation Monitoring and Reporting Program 11 Los Gamos Apartments MITIGATION MONITORING AND REPORTING PROGRAM Los Gamos Apartments Mitigation Measure Implementation Procedure Monitoring Responsibility Monitoring / Reporting Action & Schedule Non-Compliance Sanction/Activity Monitoring Compliance Record (Name/Date) agreement would take into consideration the appropriate excavation, removal, recordation, analysis, custodianship, and final disposition of the human remains and associated or unassociated funerary objects. The PRC allows 48 hours to reach agreement on these matters. Project sponsor to halt work immediately upon discovery of cultural resources Stop Work Order or revocation of permit VII. GEOLOGY AND SOILS VII(a)(ii). Mitigation Measure GEO -1: Prior to a grading or building permit submittal, the project sponsor shall prepare a design-level geotechnical investigation prepared by a qualified and licensed geotechnical engineer and submit the report to the City Engineer. Minimum recommendations include design of new structures in accordance with the provisions of the 2019 California Building Code or subsequent codes in effect when final design occurs. Final project design shall be consistent with the recommended seismic design coefficients and spectral accelerations are presented in the findings presented in Section 5.1 of the December 7, 2020 MPEG report. Require as a condition of approval Project sponsor prepare a design-level geotechnical investigation prepared by a qualified and licensed geotechnical engineer and submit the report to the City Engineer Planning Division Public Works Department Incorporate as condition of project approval Public Works Department / Building Division verifies appropriate design-level report prior to issuance of building permit Deny project Deny issuance of building permit VII(a)(iv). Mitigation Measure GEO-2: Supplemental exploration with exploratory trenches and geology site inspection/mapping further upslope shall be performed to better evaluate the potential for instability. Most of the suspected areas of instability within the site will be removed as part of the planned excavation and building construction. Undeveloped areas of instability within the project site should be over-excavated, subsurface drainage installed, and backfilled with engineered fill. Global stability of the site should be checked as part of building wall design. Debris catchment structure or deflection wall/berm may be needed upslope of the planned buildings if debris flow paths cross planned structures. Final project design shall be consistent Require as a condition of approval Project sponsor prepare a design-level drainage system design prepared by a qualified and licensed civil engineer and submit the report to the City Engineer Planning Division Public Works Department Incorporate as condition of project approval Public Works Department/ Building Division verifies appropriate design-level report prior to issuance of building permit Deny project Deny issuance of building permit Mitigation Monitoring and Reporting Program 12 Los Gamos Apartments MITIGATION MONITORING AND REPORTING PROGRAM Los Gamos Apartments Mitigation Measure Implementation Procedure Monitoring Responsibility Monitoring / Reporting Action & Schedule Non-Compliance Sanction/Activity Monitoring Compliance Record (Name/Date) with the recommended findings presented in Chapter 5 of the December 7, 2020 MPEG report. VII(b). Mitigation Measure GEO-3: Prior to a grading or building permit submittal, the project sponsor shall prepare a site drainage system prepared by a qualified and licensed civil engineer and submit the report to the City Engineer. Planned improvements or structures on shallow foundations should be setback from the unimproved drainage channel. The recommended setback distance is a 3:1 inclination from the channel bed or 10 feet from top of bank, whichever is greater. The site drainage system shall be designed to collect surface water from the maximum credible rainfall event and discharging it into an established storm drainage system. The project Civil Engineer is responsible for designing the site drainage system. In addition, an erosion control plan shall be developed prior to construction per the current guidelines of the California Stormwater Quality Association’s Best Management Practice Handbook. Additionally, regular monitoring of the upslope areas shall be performed, particularly during and following periods of heavy rainfall. Regular maintenance of upslope areas should also be performed and should include maintaining vegetative cover on slopes, clearing debris from the v-ditches and drain inlets, and promptly repairing any erosion or shallow instabilities that occur. Final project design shall be consistent with the recommended findings presented in Chapter 5 of the December 7, 2020 MPEG report. Require as a condition of approval Project sponsor prepare a design-level drainage system design prepared by a qualified and licensed civil engineer and submit the report to the City Engineer Planning Division Public Works Department Incorporate as condition of project approval Public Works Department/ Building Division verifies appropriate design-level report prior to issuance of building permit Deny project Deny issuance of building permit Mitigation Monitoring and Reporting Program 13 Los Gamos Apartments MITIGATION MONITORING AND REPORTING PROGRAM Los Gamos Apartments Mitigation Measure Implementation Procedure Monitoring Responsibility Monitoring / Reporting Action & Schedule Non-Compliance Sanction/Activity Monitoring Compliance Record (Name/Date) VII(d). Mitigation Measure GEO-4: Soils subgrades and fills shall be moisture conditioned above the optimum moisture content during site grading and maintained at this moisture content until imported aggregate base and/or surface flatwork is completed. Retaining structures shall be designed with a soil creep load where walls retain sloping ground. Foundations shall be designed to account for some expansive soil movement. Final project design shall be consistent with the recommended findings presented in Chapter 5 of the December 7, 2020 MPE G report. Require as a condition of approval Project sponsor obtains approvals from appropriate agencies prior to issuance of building permits Planning Division Public Works Department/B uilding Division Incorporate as condition of project approval Public Works Department/ Building Division verifies appropriate approvals obtained prior to issuance of building permit Deny project Deny issuance of building permit VII(f). Mitigation Measure GEO-5: Should paleontological resources be encountered during project subsurface construction activities located in previously undisturbed soil and bedrock, all ground-disturbing activities within 25 feet shall be halted and a qualified paleontologist contacted to assess the situation, consult with agencies as appropriate, and make recommendations for the treatment of the discovery. For purposes of this mitigation, a “qualified paleontologist” shall be an individual with the following qualifications: 1) a graduate degree in paleontology or geology and/or a person with a demonstrated publication record in peer-reviewed paleontological journals; 2) at least two years of professional experience related to paleontology; 3) proficiency in recognizing fossils in the field and determining their significance; 4) expertise in local geology, stratigraphy, and biostratigraphy; and 5) experience collecting vertebrate fossils in the field. If the paleontological resources are found to be significant and project activities cannot avoid them, measures shall be implemented to ensure that the project does not cause a substantial adverse change in the significance of the paleontological resource. Measures may include monitoring, Require as a condition of approval Project sponsor shall designate qualified paleontologist, consult with agencies as appropriate prior to issuance of building permits Planning Division Building Division Incorporate as condition of project approval Should paleontological resources be encountered during project subsurface construction activities located in previously undisturbed soil and bedrock, all ground- disturbing activities within 25 feet shall be halted. Planning / Building Division contacted and appropriate agencies alerted to discoveries Deny project Halt building permit Mitigation Monitoring and Reporting Program 14 Los Gamos Apartments MITIGATION MONITORING AND REPORTING PROGRAM Los Gamos Apartments Mitigation Measure Implementation Procedure Monitoring Responsibility Monitoring / Reporting Action & Schedule Non-Compliance Sanction/Activity Monitoring Compliance Record (Name/Date) recording the fossil locality, data recovery and analy sis, a final report, and accessioning the fossil material and technical report to a paleontological repository. Upon completion of the assessment, a report documenting methods, findings, and recommendations shall be prepared and submitted to the City for review. If paleontological materials are recovered, this report also shall be submitted to a paleontological repository such as the University of California Museum of Paleontology, along with significant paleontological materials. Public educational outreach may also be appropriate. The project applicants shall inform its contractor(s) of the sensitivity of the project site for paleontological resources and shall verify that the following directive has been included in the appropriate contract specification documents: “The subsurface of the construction site may contain fossils. If fossils are encountered during project subsurface construction, all ground-disturbing activities within 25 feet shall be halted and a qualified paleontologist contacted to assess the situation, consult with agencies as appropriate, and make recommendations for the treatment of the discovery. Project personnel shall not collect or move any paleontological materials. Fossils can include plants and animals, and such trace fossil evidence of past life as tracks or plant imprints. Marine sediments may contain invertebrate fossils such as snails, clam and oyster shells, sponges, and protozoa; and vertebrate fossils such as fish, whale, and sea lion bones. Vertebrate land mammals may include bones of mammoth, camel, saber tooth cat, horse, and bison. Contractor acknowledges and understands that excavation or removal of Mitigation Monitoring and Reporting Program 15 Los Gamos Apartments MITIGATION MONITORING AND REPORTING PROGRAM Los Gamos Apartments Mitigation Measure Implementation Procedure Monitoring Responsibility Monitoring / Reporting Action & Schedule Non-Compliance Sanction/Activity Monitoring Compliance Record (Name/Date) paleontological material is prohibited by law and constitutes a misdemeanor under California Public Resources Code, Section 5097.5.” X. HYDROLOGY AND WATER QUALITY X(a). Mitigation Measure HYDRO-1: Prior to issuing a grading or building permit, the project applicant shall prepare a Stormwater Pollution Prevention Plan (SWPPP) and/or Erosion and Sediment Control Plan (ESCP) in accordance with the requirements of the statewide Construction General Permit and the City of San Rafael Department of Public Works. The SWPPP shall be prepared by a Qualified SWPPP Developer (QSD). The SWPPP shall include the minimum Best Management Practices (BMPs) required for the identified risk level. The SWPPP shall be designed to address the following objectives: 1) All pollutants and their sources, including sources of sediment associated with construction, construction site erosion, and all other activities associated with construction activity are controlled; 2) Where not otherwise required to be un der a Regional Water Quality Control Board permit, all non‐stormwater discharges are identified and either eliminated, controlled, or treated; 3) Site BMPs are effective and result in the reduction or elimination of pollutants in stormwater discharges and authorized non‐stormwater discharges from construction activity. The erosion and sediment control plan shall include the rationale used for selecting BMPs including supporting soil loss calculations, as necessary; 4) Stabilization BMPs installed to reduce or eliminate pollutants after construction are completed. Require as a condition of approval Project sponsor submits SWPP/ESCP to San Rafael Department of Public Works prior to issuance of building permits Planning Division Public Works Department Incorporate as condition of project approval Public Works Department verifies appropriate approvals obtained prior to issuance of building permit Deny project Deny issuance of building permit Mitigation Monitoring and Reporting Program 16 Los Gamos Apartments MITIGATION MONITORING AND REPORTING PROGRAM Los Gamos Apartments Mitigation Measure Implementation Procedure Monitoring Responsibility Monitoring / Reporting Action & Schedule Non-Compliance Sanction/Activity Monitoring Compliance Record (Name/Date) 5) BMP implementation shall be consistent with the BMP requirements in the most recent version of the California Stormwater Quality Association Stormwater Best Management Handbook‐Construction or the Caltrans Stormwater Quality Handbook Construction Site BMPs Manual. X(a). Mitigation Measure HYDRO-2: Prior to a certificate of occupancy, the Project applicant shall verify that operational stormwater quality control measures that comply with the requirements of the current Phase II Small MS4 Permit have been implemented. Responsibilities include, but are not limited to: 1) Designing BMPs into Project features and operations to reduce potential impacts to surface water quality and to manage changes in the timing and quantity of runoff associated with operation of the project. These features shall be included in the design‐level drainage plan and final development drawings. 2) The proposed project shall incorporate site design measures and Low Impact Development design standards, including minimizing disturbed areas and impervious surfaces, infiltration, harvesting, evapotranspiration, and/or bio‐treatment of stormwater runoff. 3) The Project applicant shall establish an Operation and Maintenance Plan. This plan shall specify a regular inspection schedule of stormwater treatment facilities in accordance with the requirements of the Phase II Small MS4 Permit. 4) Funding for long‐term maintenance of all BMPs shall be specified. Require as a condition of approval Project sponsor submits Phase II Small MS4 Permit to San Rafael Department of Public Works prior to issuance of certificate of occupancy Planning Division Public Works Department Incorporate as condition of project approval Public Works Department verifies appropriate approvals obtained prior to issuance of certificate of occupancy Deny project Deny issuance of certificate of occupancy Mitigation Monitoring and Reporting Program 17 Los Gamos Apartments MITIGATION MONITORING AND REPORTING PROGRAM Los Gamos Apartments Mitigation Measure Implementation Procedure Monitoring Responsibility Monitoring / Reporting Action & Schedule Non-Compliance Sanction/Activity Monitoring Compliance Record (Name/Date) XVIII. TRIBAL CULTURAL RESOURCES XVIII(a). Mitigation Measure TRIBAL-1: Implementation of the unanticipated discovery measures outlined in Section V(b) and (d) above, address the potential discovery of previously unknown resources within the project area. If significant tribal cultural resources are identified onsite, all work would stop immediately within 50 feet of the resource(s) and the project applicant would comply with all relevant State and City policies and procedures prescribed under PRC Section 21074. Require as a condition of approval Project sponsor designates qualified professional pursuant to NAHC requirements and obtains approvals from appropriate agencies prior to issuance of building permits Planning Division Planning /Building Division Incorporate as condition of project approval Project sponsor to halt work immediately upon discovery of unknown resources Planning / Building Division verifies appropriate professionals/approva ls obtained prior to issuance of building permit Deny project Stop Work Order or revocation of permit Mitigation Monitoring and Reporting Program 18 Los Gamos Apartments Exhibit B MEMORANDUM DATE: December 7, 2021 TO: Planning Commission FROM: Sean Kennings, LAK Associates, LLC. SUBJECT: Response to California Department of Fish and Wildlife Comments on Los Gamos Apartments project Initial Study and Mitigated Negative Declaration (IS/MND) The City of San Rafael Planning Division received the attached letter from the California Department of Fish and Wildlife (CDFW) regarding the Los Gamos Apartments (LGA) project IS/MND. A numbering system has been established to address specific questions in the letter. Each of the comments in the letter has been assigned a number and responses are provided below. Staff has communicated with the CDFW staff person, Amanda Culpepper, and has confirmed the responses accordingly. Although the requested changes represent new information related to the project, it has been determined that the update does not present a material change in the baseline information, nor result in new findings that changes the impact significance criteria. As a result, pursuant to the California Environmental Quality Act (CEQA) Guidelines 15073.5(c), the ISMND has been revised with updated Mitigation Measures to reflect the suggested language by CDFW. CDFW Comment Letter, Amanda Culpepper, November 24, 2021 Response to Comment 1 – Lake or Streambed Alteration Notification: The comment suggests that the LGA project requires compliance with the California Fish and Game Code section 1600 et seq. to reduce potential impacts to an on-site ephemeral stream during construction of the pedestrian bridge crossing. Although the project does not propose improvements within the drainageway, the project should be evaluated by CDFW prior to building permit review and approval. A condition of approval has been developed requiring the applicant to submit for an LSA Notification to CDFW pursuant to Fish and Game Code section 1602 prior to Project construction for Project activities that may substantially alter the bed, bank, or channel of the ephemeral stream, including installation of a new bridge. Response to Comment 2 – Environmental Setting and Related Impact Shortcoming Riparian Habitat, Sensitive Natural Community, and Tree Removal: The comment suggests that the LGA project will be impacting riparian and oak woodland habitats. SAN RAFAEL THE CITY WITH A MISSION       Los Gamos Apartments ‐ CDFW ISMND Response to Comments  2    Additionally, the comment request information regarding tree removal in riparian areas. As discussed in the biological site assessment provided with the application, there are no riparian areas on site, and therefore, no tree removals in riparian zones. The comment also provides recommended replanting requirements to offset loss of tree removals. As discussed in the ISMND, the project is proposed to remove the minimal number of native trees, and the landscaping plan proposes to replace of some of these removed trees. The City of San Rafael does not have an adopted tree preservation policy or ordinance, however, tree removal and replacement is evaluated through the City’s Environmental and Design Review Permit Review Criteria (SRMC Section 14.25.050.G). The proposed project includes removal of 55 existing mature landscape trees on site but includes 210 replacement trees throughout the project site (approximately a 3.85:1 ratio). A condition of approval could be included to require larger size replacement trees, however, staff believes more trees should not be replanted on site due to concerns about defensible space for fire and fuel management. In addition, a condition of approval should be added to require a landscape plan revision prior to building permit submittal so that the south park pedestrian path avoids mature oak trees where practical. Response to Comment 3 – Burrowing Owl: The comment suggests that the LGA project will be impacting burrowing owl habitat. As discussed in the biological site assessment provided with the application, burrowing owl are usually found on flat, open grasslands or fields and are not expected on steeper, sloped sites. No burrowing owls nor nest or burrows were observed during the site reconnaissance. Furthermore, the example cited in the CDFW letter occurred north of the project site (north of St. Vincent’s) in an open field. However, IS/MND and the MMRP have been modified to include new mitigation requiring a pre-construction survey review for burrowing owl. Response to Comment 4 – American Badger: The comment suggests that the LGA project will be impacting American badger habitat, an animal considered a special status species (SSC). The applicant has provided an addendum memorandum from GANDA/Kleinfelder (attached) explaining that although American badger suitable habitat occurs on the project site, no badgers or badger dens were observed during the site reconnaissance. However, GANDA included a new avoidance and minimization measure is recommended that includes further pre- construction surveys to rule out any occurrences. The IS/MND and the MMRP have been modified to include new mitigation requiring a pre-construction survey to review for American badger. Response to Comment 5 – Roosting Bats: The comment suggests that the LGA project ISMND did not clearly evaluate the impacts to roosting bat habitat. The comment also suggests that tree removal associated with the project could lead to injury or death of bats, including pallid bat and western red bat, a potentially significant impact. As discussed in the biological site assessment provided with the application, no pallid bats roosts were observed within the study area, however the likelihood for occurrence on site is considered low. However, the IS/MND and the MMRP have been modified to include new mitigation similar to the language defined by CDFW.       Los Gamos Apartments ‐ CDFW ISMND Response to Comments  3    Response to Comment 6 – Mitigation Measures and Related Impact Shortcoming - Special-Status Plants: The comment request additional specificity for special status plant species as part of the pre-construction surveys. Specifically, CDFW is requesting that the project sponsor perform floristic botanical surveys and provide further information regarding success criteria for transplanted plant individuals. The IS/MND and the MMRP have been modified to include new language for the existing biological mitigation measure requiring a pre-construction survey to review for special status plants. Response to Comment 7 – General Comments: The comment is encouraging using native trees and shrubs to benefit native nesting birds and other wildlife in the landscaping plan. Typical conditions of approval require projects to incorporate native vegetation as part of the landscaping plan. Response to Comments 8 – Environmental Data: The comment is requesting that staff report of any special-status species and natural communities detected during Project surveys to the California Natural Diversity Database (CNDDB). Staff will incorporate a condition of approval that requires information to be uploaded to the CNDDB database as indicated by CDFW. Attachments: 1. California Department of Fish and Wildlife letter, dated November 24, 2021 2. American badger memorandum, GANDA/Kleinfelder, December 8, 2021 State of California – Natural Resources Agency GAVIN NEWSOM, Governor DEPARTMENT OF FISH AND WILDLIFE CHARLTON H. BONHAM, Director Bay Delta Region 2825 Cordelia Road, Suite 100 Fairfield, CA 94534 (707) 428-2002 www.wildlife.ca.gov Conserving California’s Wildlife Since 1870 November 24, 2021 Ms. Leslie Mendez City of San Rafael 1400 5th Avenue, 3rd Floor San Rafael, CA 94901 Leslie.Mendez@cityofsanrafael.org Subject: Los Gamos Apartments Development Project, Mitigated Negative Declaration, SCH No. 2021110004, City of San Rafael, Marin County Dear Ms. Mendez: The California Department of Fish and Wildlife (CDFW) received a Notice of Intent to Adopt a Mitigated Negative Declaration (MND) from the City of San Rafael (City) for the Los Gamos Apartments Development Project (Project) pursuant to the California Environmental Quality Act (CEQA) and CEQA Guidelines.1 CDFW is submitting comments on the MND to inform the City, as the Lead Agency, of potentially significant impacts to biological resources associated with the Project. CDFW ROLE CDFW is a Trustee Agency with responsibility under CEQA pursuant to CEQA Guidelines section 15386 for commenting on projects that could impact fish, plant, and wildlife resources. CDFW is also considered a Responsible Agency if a project would require discretionary approval, such as permits issued under the California Endangered Species Act (CESA) or Native Plant Protection Act, the Lake and Streambed Alteration (LSA) Program, or other provisions of the Fish and Game Code that afford protection to the state’s fish and wildlife trust resources. PROJECT DESCRIPTION SUMMARY Proponent: Colin Russell Architects Objective: The Project would develop a 10.24-acre lot into 192 multifamily residential units, a neighborhood market, a community center, and a walking trail. Primary Project activities include grading, excavation, trenching, building construction, concrete pouring, tree-removal, bridge installation, and landscaping. 1 CEQA is codified in the California Public Resources Code in Section 21000 et seq. The “CEQA Guidelines” are found in Title 14 of the California Code of Regulations, commencing with Section 15000.         Ms. Leslie Mendez City of San Rafael November 24, 2021 Page 2 Location: The Project is located at Los Gamos Drive approximately 0.5 miles south of the intersection of Los Gamos Drive and Lucas Valley Road, in the City of San Rafael, County of Marin. The approximate centroid of the Project is Latitude 38.01509°N, Longitude 122.54327°W and the Assessor’s Parcel Numbers are 165-220-06 and 165- 220-07. Timeframe: The MND does not specify a timeframe. ENVIRONMENTAL SETTING The Project covers approximately 10.24 acres of undeveloped land consisting of annual and perennial grassland, coyote brush (Baccharis pilularis) scrub, coast live oak (Quercus agrifolia) woodland, and valley oak (Q. lobata) woodland. CDFW considers valley oak woodland a sensitive natural community (CDFW 2021). The Project is adjacent to U.S. Highway 101 and commercial development to the east, and City of San Rafael Open Space to the west. Two ephemeral streams are present in the Project area. Special-status species with the potential to occur in or near the Project area include, but are not limited to, burrowing owl (Athene cunicularia), California Species of Special Concern (SSC); pallid bat (Antrozous pallidus), SSC; western red bat (Lasiurus blossevillii), SSC; American badger (Taxidea taxus), SSC; congested-headed hayfield tarplant (Hemizonia congesta ssp. congesta), California Rare Plant Rank (CRPR) 1B.22; and white-tailed kite (Elanus leucurus), a Fully Protected species. REGULATORY REQUIREMENTS Lake and Streambed Alteration CDFW requires an LSA Notification, pursuant to Fish and Game Code section 1600 et seq., for project activities affecting lakes or streams and associated riparian habitat. Notification is required for any activity that may substantially divert or obstruct the natural flow; change or use material from the bed, channel, or bank including associated riparian or wetland resources; or deposit or dispose of material where it may pass into a river, lake, or stream. Work within ephemeral streams, washes, watercourses with a subsurface flow, and floodplains are subject to notification requirements. The MND identifies that the Project will install a pedestrian bridge over an ephemeral stream (MND pages 18 and 47, and Figure 8). Project activities that would substantially alter the bed, bank, or channel, or the riparian habitat, of this ephemeral stream would require LSA Notification, see further recommendations below. In this case, CDFW would consider the CEQA document for the Project and 2 CRPR 1B plants are considered rare, threatened, or endangered in California and elsewhere. Further information on CRPR is available in CDFW’s Special Vascular Plants, Bryophytes, and Lichens List available at https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=109383&inline and on the California Native Plant Society webpage https://www.cnps.org/rare-plants/cnps-rare-plant-ranks.         Ms. Leslie Mendez City of San Rafael November 24, 2021 Page 3 may issue an LSA Agreement. CDFW may not execute the final LSA Agreement until it has complied with CEQA as a Responsible Agency. Raptors and Other Nesting Birds CDFW also has jurisdiction over actions that may result in the disturbance or destruction of active nest sites or the unauthorized take of birds. Fish and Game Code sections protecting birds, their eggs, and nests include sections 3503 (regarding unlawful take, possession or needless destruction of the nests or eggs of any bird), 3503.5 (regarding the take, possession or destruction of any birds-of-prey or their nests or eggs), and 3513 (regarding unlawful take of any migratory nongame bird). Migratory birds are also protected under the federal Migratory Bird Treaty Act. Fully Protected Species Fully Protected species, such as white-tailed kite, may not be taken or possessed at any time (Fish & G. Code, §§ 3511, 4700, 5050, & 5515). COMMENTS AND RECOMMENDATIONS CDFW offers the comments and recommendations below to assist the City in adequately identifying and/or mitigating the Project’s significant, or potentially significant, direct and indirect impacts on fish and wildlife (biological) resources. Lake or Streambed Alteration Notification As noted above, the Project would install a new bridge over an ephemeral stream (MND pages 18 and 47, and Figure 8). To comply with California Fish and Game Code section 1600 et seq. and reduce impacts to less-than-significant, CDFW recommends the following mitigation measure. Mitigation Measure BIO-2: Notification of Lake or Streambed Alteration For Project activities that may substantially alter the bed, bank, or channel of the ephemeral stream, including installation of a new bridge, an LSA Notification shall be submitted to CDFW pursuant to Fish and Game Code section 1602 prior to Project construction. If CDFW determines that an LSA Agreement is warranted, the Project shall comply with all required measures in the LSA Agreement, including but not limited to requirements to mitigate impacts to the ephemeral stream and riparian habitat. Permanent impacts to riparian habitat shall be mitigated by restoration of riparian habitat at a 3:1 mitigation to impact ratio based on acreage and linear distance as close to the project site as possible and within the same watershed. Temporary impacts shall be restored on-site in the same year as the impact.         Ms. Leslie Mendez City of San Rafael November 24, 2021 Page 4 Environmental Setting and Related Impact Shortcoming Riparian Habitat, Sensitive Natural Community, and Tree Removal The MND identifies that the Project is located within riparian and oak woodland habitat, including valley oak woodland (MND page 48). A fine scale vegetation mapping project in Marin County also classifies portions of the Project site as valley oak woodland (One Tam 2019). The valley oak woodland alliance is state rarity ranked S3, which CDFW considers a sensitive natural community (CDFW 2021). Sensitive natural communities are endemic communities that have limited distribution and are often vulnerable to project impacts (CDFW 2018). Only remnant patches of valley oak woodland remain in California (CIWTG). The Project would remove approximately 55 trees from the Project area, some which may be from riparian habitat and a sensitive natural community (MND page 48). CDFW recommends that the MND clarify how many trees would be removed from riparian habitat and a sensitive natural community. Additionally, it appears that the Project may impact riparian habitat on and adjacent to the ephemeral streams. While the MND identifies a 25-foot buffer will be implemented from the top-of-bank of the ephemeral streams (MND page 47), the bridge installation would shade existing vegetation and increase human presence and disturbance at the stream, even if the abutments are 25 feet away from the top-of-bank. The MND identifies that 210 replacement trees will be planted throughout the site and requires no further mitigation for tree removal, impacts to riparian areas, or impacts to the sensitive natural community (MND page 48). CDFW typically recommends replacement planting commensurate with the diameter at breast height (DBH) of the tree removed. Large DBH trees can take decades or longer to grow; therefore, removing large trees causes a temporal habitat loss that cannot be immediately offset. Planting a greater number of trees recovers lost canopy cover more quickly and increases the probability that one of the trees planted will reach the diameter of the removed tree. In addition, mature tree removal removes important food resources such as acorns from the area and removes habitat for a variety of tree nesting birds and tree roosting bats. Human activity and removal of habitat has contributed to the loss of a significant proportion of the total number of birds in the United States and Canada since the 1970s (Rosenburg et al. 2019). Based on the above, the loss of trees, sensitive natural community, and riparian habitat, is a potentially significant impact. To reduce impacts to less-than-significant, CDFW recommends including the following mitigation measure. Mitigation Measure BIO-3: Tree Replacement and Monitoring Any trees removed or impacted as a result of the Project shall be replaced pursuant to the below ratios. To ensure a successful planting effort, all plantings shall be monitored         Ms. Leslie Mendez City of San Rafael November 24, 2021 Page 5 and maintained as necessary for a minimum of five years. Oak trees, other trees, and all other plantings shall each have a minimum of 80% survival at the end of the minimum monitoring. If the planting survival is not meeting this goal, then the Project shall implement replacement planting, additional watering, invasive exotic eradication, or any other practice, to achieve these requirements. Replacement plants shall be monitored with the same survival requirements for five years after planting. Native oak tree replacement ratios: x 3:1 replacement for trees 5 to 8 inches DBH x 5:1 replacement for trees greater than 8 inches to 16 inches DBH x 10:1 replacement for trees greater than 16 inches DBH, which are considered old-growth oaks Replacement oaks shall come from nursery stock grown from locally sourced acorns, or from acorns gathered locally, preferably from the same watershed in which they are planted. The trees should be able to survive the last two years of a minimum five-year monitoring period without irrigation. Other tree species replacement ratios: x 1:1 replacement for non-native trees x 3:1 replacement for native trees 4 to 6 inches DBH x 6:1 replacement for native trees greater than 6 inches DBH Burrowing Owl The Project is within the winter range3 of burrowing owl, an SSC, and the grassland within and in the vicinity of the Project may provide suitable wintering and foraging habitat. There is a documented occurrence of burrowing owl approximately 1.7 miles northeast of the Project site according to the California Natural Diversity Database (CNDDB). In addition, the California Wildlife Habitat Relationships Predicted Habitat Suitability for the grassland portions of the site is High Suitability for burrowing owls. The MND does not address burrowing owl or identify methods to avoid potential impacts to burrowing owls. The Project could result in burrowing owl burrow abandonment, injury or mortality of adults, or loss of wintering owls. Burrowing owls are an SSC due to population decline 3 CDFW maintains range maps and life history accounts for all terrestrial species in California. The burrowing owl range map is available at https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=1872&inline=1         Ms. Leslie Mendez City of San Rafael November 24, 2021 Page 6 and breeding range retraction. Based on the above, the Project may potentially significantly impact burrowing owls. To reduce impacts to less-than-significant CDFW recommends the following mitigation measures. Mitigation Measure BIO-4A: Burrowing Owl Habitat Assessment, Surveys, and Avoidance Prior to Project activities, a habitat assessment shall be performed following Appendix C: Habitat Assessment and Reporting Details of the CDFW Staff Report on Burrowing Owl Mitigation4 (CDFW 2012 Staff Report). The habitat assessment shall extend at least 492 feet (150 meters) from the Project site boundary or more where direct or indirect effects could potentially extend offsite (up to 500 meters or 1,640 feet) and include burrows and burrow surrogates. If the habitat assessment identifies potentially suitable burrowing owl habitat, then a qualified biologist shall conduct surveys following the CDFW 2012 Staff Report survey methodology. Surveys shall encompass the Project site and a sufficient buffer zone to detect owls nearby that may be impacted commensurate with the type of disturbance anticipated, as outlined in the CDFW 2012 Staff Report, and include burrow surrogates such as culverts, piles of concrete or rubble, and other non-natural features, in addition to burrows and mounds. Time lapses between surveys or Project activities shall trigger subsequent surveys, as determined by a qualified biologist, including but not limited to a final survey within 24 hours prior to ground disturbance. The qualified biologist shall have a minimum of two years of experience implementing the CDFW 2012 Staff Report survey methodology resulting in detections. Detected burrowing owls shall be avoided pursuant to the buffer zone prescribed in the CDFW 2012 Staff Report and any passive relocation plan for non- nesting owls shall be subject to CDFW review. Please be advised that CDFW does not consider exclusion of burrowing owls (i.e., passive removal of an owl from its burrow or other shelter) as a “take” a voidance, minimization, or mitigation measure for the reasons outlined below. Therefore, to mitigate the impacts of potentially evicting burrowing owls to less-than- significant, Mitigation Measure BIO-3B outlined below should require habitat compensation with the acreage amount identified in any eviction plan. The long-term demographic consequences of exclusion techniques have not been thoroughly evaluated, and the survival rate of excluded owls is unknown. Burrowing owls are dependent on burrows at all times of the year for survival or reproduction; therefore, eviction from nesting, roosting, overwintering, and satellite burrows or other sheltering features may lead to indirect impacts or “take” which is prohibited under Fish and Game Code section 3503.5. All possible avoidance and minimization measures should be considered before temporary or permanent exclusion and closure of burrows is implemented to avoid “take.” 4 CDFW, then Department of Fish and Game, 2012. https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=83843&inline         Ms. Leslie Mendez City of San Rafael November 24, 2021 Page 7 Mitigation Measure BIO-4B: Burrowing Owl Wintering Habitat Mitigation If the Project would impact an occupied burrow (where a non-nesting wintering owl would be evicted as described above), the following habitat mitigation shall be implemented prior to Project construction: Impacts to each burrow site shall be mitigated by permanent preservation of two occupied burrow sites with appropriate foraging habitat within Marin County, unless otherwise approved by CDFW, through a conservation easement and implementing and funding a long-term management plan in perpetuity. The Project may implement alternative methods for preserving habitat with written acceptance from CDFW. American Badger The Project is within the range5 of the American badger, an SSC. The Project is located within grassland habitat that may be suitable for American badger. Badgers range throughout most of California and can dig burrows in a single day; therefore, the species may occupy the Project site and adjacent habitat prior to Project construction (Ministry of Environment Ecosystems 2007 as cited in Brehme et al. 2015). Additionally, the California Wildlife Habitat Relationships Predicted Habitat Suitability for the grassland portions of the site is High Suitability. An unprocessed CNDDB occurrence of a roadkill badger is approximately 4.2 miles north of the Project on Highway 101. This information confirms the species has occurred in the vicinity of the Project site and could use it and adjacent habitat. The Project may result in injury or mortality to adult or young badgers, or burrow abandonment. Therefore, project impacts to American badger would be potentially significant. To reduce impacts to less-than-significant, CDFW recommends that the MND: (1) further analyze the potential for American badger to occur on and adjacent to the Project site, and (2) include mitigation measures to ensure impacts are reduced to less- than-significant. These measures may include a qualified biologist surveying for the species including adjacent habitat prior to construction, avoiding occupied burrows including a sufficient buffer approved by CDFW, and preparing and implementing a CDFW-approved relocation plan if badgers are found on or adjacent to the Project site. 5 The American badger range map is available at https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=2598&inline=1         Ms. Leslie Mendez City of San Rafael November 24, 2021 Page 8 Roosting Bats The MND identifies that the Project area may provide habitat for sensitive bats such as pallid bat and western red bat (MND page 46). The trees in the Project area, some of which are proposed for removal, may provide suitable roosting habitat for bats. Tree removal associated with the Project could lead to injury or death of bats, including pallid bat and western red bat, a potentially significant impact. To reduce impacts to less-than- significant, CDFW recommends including the following mitigation measure. Mitigation Measure BIO-5: Bat Tree Habitat Assessment and Surveys Prior to any tree removal, a qualified biologist shall conduct a habitat assessment for bats. The habitat assessment shall be conducted a minimum of 30 to 90 days prior to tree removal and shall include a visual inspection of potential roosting features (e.g., cavities, crevices in wood and bark, exfoliating bark, and suitable canopy for foliage roosting species). If suitable habitat trees are found, they shall be flagged or otherwise clearly marked and tree trimming or removal shall not proceed unless the following occurs: a) in trees with suitable habitat, presence of bats is presumed, or documented during the surveys described below, and removal using the two-step removal process detailed below occurs only during seasonal periods of bat activity, from approximately March 1 through April 15 and September 1 through October 15, or b) after a qualified biologist conducts night emergence surveys or completes visual examination of roost features that establish absence of roosting bats. Two-step tree removal shall be conducted over two consecutive days, as follows: 1) the first day (in the afternoon), under the direct supervision and instruction by a qualified biologist with experience conducting two-step tree removal, limbs and branches shall be removed by a tree cutter using chainsaws only; limbs with cavities, crevices or deep bark fissures shall be avoided; and 2) the second day the entire tree shall be removed. Mitigation Measures and Related Impact Shortcoming Special-Status Plants The MND identifies that the Project may provide habitat for congested-headed hayfield tarplant, CRPR 1B.2 (MND page 46). The MND includes in mitigation measure BIO-1 a requirement for a rare plant survey for this species. Botanical field surveys should be floristic in nature, meaning that every plant taxon that occurs in the Project area is identified to the taxonomic level necessary to determine rarity and listing status. Focused surveys that are limited to habitats known to support special-status plants or that are restricted to lists of likely potential special-status plants are not considered floristic in nature and are not adequate to identify all plants in a project area to the level necessary to determine if they are special-status plants. In addition, mitigation measure BIO-1 identifies that if special-status plants are identified within the Project area, they will be         Ms. Leslie Mendez City of San Rafael November 24, 2021 Page 9 transplanted to appropriate nearby areas. Without floristic botanical surveys and further information regarding success criteria for transplanted individuals, the Project would not accurately identify and reduce potential impacts to less-than-significant. To reduce impacts to less-than-significant, CDFW recommends replacing the existing rare plant survey language in mitigation measure BIO-1 with the following mitigation measure. Mitigation Measure BIO-6: Special-Status Plant Survey and Avoidance A qualified botanist shall conduct surveys during the appropriate blooming period for all special-status plants that have the potential to occur on or adjacent to the Project area prior to the start of ground-disturbing activities and prepare a report documenting survey findings. Habitat adjacent to the Project area should be surveyed if the Project may have indirect impacts off-site as a result of changes to hydrological conditions or other indirect impacts. More than one year of surveys may be necessary. Surveys and reporting shall be conducted following Protocols for Surveying and Evaluating Impacts to Special-Status Native Plant Populations and Sensitive Natural Communities 6. Surveys shall be submitted to CDFW for review and written acceptance. If special- status plants are found during surveys, the Project shall be re-designed to avoid impacts to special-status plants. If impacts to any special-status plants cannot be avoided completely during construction, the Project shall provide mitigation including on-site restoration, off-site habitat preservation, or another method accepted in writing by CDFW. The qualified botanist shall be knowledgeable about plant taxonomy, familiar with plants of the region, and have experience conducting botanical field surveys according to vetted protocols. Please be advised that an LSA Agreement obtained for this Project would likely require the above recommended mitigation measures, as applicable. GENERAL COMMENTS In addition to the above recommendations, CDFW encourages landscaping using native trees and shrubs to benefit native nesting birds and other wildlife. As noted above, the removal of habitat for birds from human activities has contributed to the loss of a significant proportion of birds in the United States and Canada since the 1970s (Rosenburg et al. 2019). Planting native trees and shrubs is an opportunity to improve conditions for birds7. 6 Department of Fish and Wildlife, 2018. https://www.wildlife.ca.gov/Conservation/Survey-Protocols#377281280- plants 7 For native species recommendations and planting tips, review the Sonoma County Master Gardener document Gardening Success with California Native Plants: http://www.marinrcd.org/wp/wp- content/uploads/2015/02/Gardening-Success-with-CA-Natives_UCCE_Sonoma.pdf         Ms. Leslie Mendez City of San Rafael November 24, 2021 Page 10 CDFW notes that the MND refers to a Biological Technical Report (MND page 45). CDFW recommends that this report be included as an appendix to the MND so that species information and determinations of presence or absence may be thoroughly reviewed by the public and CDFW. ENVIRONMENTAL DATA CEQA requires that information developed in environmental impact reports and negative declarations be incorporated into a database which may be used to make subsequent or supplemental environmental determinations (Pub. Resources Code, § 21003, subd. (e)). Accordingly, please report any special-status species and natural communities detected during Project surveys to the CNDDB. The CNNDB field survey form, online field survey form, and contact information for CNDDB staff can be found at the following link: https://wildlife.ca.gov/data/CNDDB/submitting-data. FILING FEES The Project, as proposed, would have an impact on fish and/or wildlife, and assessment of filing fees is necessary. Fees are payable upon filing of the Notice of Determination by the Lead Agency and serve to help defray the cost of environmental review by CDFW. Payment of the fee is required for the underlying Project approval to be operative, vested, and final. (Cal. Code Regs, tit. 14, § 753.5; Fish & G. Code, § 711.4; Pub. Resources Code, § 21089). CONCLUSION CDFW appreciates the opportunity to comment on the MND to assist the City in identifying and mitigating Project impacts on biological resources. Questions regarding this letter or further coordination should be directed to Ms. Amanda Culpepper, Environmental Scientist, at (707) 428-2075 or Amanda.Culpepper@wildlife.ca.gov, or Ms. Melanie Day, Senior Environmental Scientist (Supervisory), at Melanie.Day@wildlife.ca.gov. Sincerely, Stephanie Fong Acting Regional Manager Bay Delta Region ec: Office of Planning and Research, State Clearinghouse (SCH No. 2021110004) Sean Kennings, LAK Associates, sean@lakassociates.com         Ms. Leslie Mendez City of San Rafael November 24, 2021 Page 11 Nicole Fairley, San Francisco Bay Regional Water Quality Control Board, nicole.fairley@waterboards.ca.gov REFERENCES Brehme, C.S.; Hathaway, S.A.; Booth, R.; Smith, B.H.; and Fisher, R.N. 2015. Research of American Badgers in Western San Diego County, 2014. Data Summary prepared for California Department of Fish and Wildlife and the San Diego Association of Governments. 24pp. (42pp. with Appendix). CDFW. 2018. Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural Communities. https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=18959&inline CDFW. 2021. California Sensitive Natural Communities. Vegetation Classification and Mapping Program, August 18, 2021. https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=153609&inline CIWTG (California Interagency Wildlife Task Group). California Wildlife Habitat Relationship System. California Department of Fish and Game. Valley Oak Woodland. https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=67342&inline One Tam. 2019. Marin Fine Scale Vegetation Web Map. https://parksconservancy.maps.arcgis.com/apps/webappviewer/index.html?id=4e f2881436bc4365be881b17f69ab067 Rosenburg, Kenneth V.; Dokter, Adriaan M.; Blancher, Peter J.; Sauer, John R.; Smith, Adam C.; Smith, Paul A.; Stanton, Jessica C.; Panjabi, Avrind; Helft, Laura; Parr, Michael; and Marra, Peter P. 2019. Decline of the North American Avifauna. Science: 120-124.         Project No: 20211976.001A Page 1 of 1 December 7, 2021 © 2021 Kleinfelder www.kleinfelder.com KLEINFELDER 2601 Mission Street, Ste 600, San Francisco, CA 94110, +1 415-642-8969 December 7, 2021 Kleinfelder Project No.: 20211976.001A Mr. Chris Hart County Strategic Fund I, LLC 1899 Northgate Drive Ste 301 San Rafael, CA 94903 SUBJECT: The Neighborhood at Los Gamos Development Project Biological Technical Report Addendum for Potential for American Badger Dear Mr. Hart: I reviewed the feedback from the California Department of Fish and Wildlife (CDFW) to the City of San Rafael regarding your proposed project for the Neighborhood at Los Gamos Development Project (Project). CDFW has requested that American badger be included for consideration for the Project. American badger (Taxidea taxus), a Species of Special Concern, has potential to occur within the Project area. There is suitable grassland habitat in the project area, which is adjacent to grassland habitat to the west. No badgers or potential burrows were observed during the site visit August 20, 2019, and there were no CNDDB records within two miles, however as CDFW has cited in their letter from November 2021, a roadkill specimen was collected 4.2 miles north of the Project Area which confirms presence in the region. Therefore, following Avoidance and Minimization Measure is added to the Project: Measure 4a: Preconstruction Wildlife Survey. Within one week prior to initiation of construction, a qualified biologist will survey the Project Area for potential American badger burrows. If potentially occupied burrows are detected, an avoidance buffer will be approved by CDFW, and established to protect the burrow from construction impacts. If a sufficient buffer cannot be established, the biologist will prepare a relocation plan to be approved by CDFW and implemented prior to initiation of construction. If construction is suspended for more than 1 week or is initiated in an area more than 2500 feet from active construction, a new survey will be performed prior to re-starting work or starting work in new areas. Please append this letter to The Neighborhood at Los Gamos Development Project Biological Technical Report, prepared by Kleinfelder in January 2021. Sincerely, Sumudu Welaratna, Principal Professional KLEINFELDER cc: File 1 RESOLUTION NO. 15030 RESOLUTION OF THE CITY OF SAN RAFAEL CITY COUNCIL ADOPTING AN AMENDMENT (GPA 20-001) TO THE SAN RAFAEL GENERAL PLAN 2040 LAND USE ELEMENT FIGURE 3-1 LAND USE MAP TO CHANGE THE DESIGNATION FROM HILLSIDE RESOURCE RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL MIXED USE FOR THE 10.24 ACRE SITE LOCATED AT THE SOUTHERLY TERMINUS OF LOS GAMOS DRIVE NORTH OF OLEANDER DRIVE (THE NEIGHBORHOOD AT LOS GAMOS) (APNS: 165-220-06 AND 165-220-07) WHEREAS, on August 2, 2021, the City of San Rafael adopted the San Rafael General Plan 2040 and certified the supporting Final Environmental Impact Report for the plan; and WHEREAS, on December 22, 2020, Christopher Hart, applicant, submitted applications for a General Plan Amendment (GPA 20-001) from Hillside Resource Residential to Neighborhood Commercial Mixed Use; Zone Change (ZC 20-002) from Planned District – Hillside Development Overlay District (PD-H) and Residential – Hillside Development Overlay District (R2a-H) to Planned Development District (PD); Vesting Tentative Parcel Map to combine and adjust the boundaries of the existing parcels; and Environmental and Design Review (ED 20-058) for a mixed-use project with 192 multi-family residential units, an approximately 5,600-square-foot market, a 5,000-square-foot community center, and 225 at-grade and semi-subterranean parking spaces; on a 10.24 acre site located at the southerly terminus of Los Gamos Drive north of Oleander Drive; and WHEREAS, on April 16, 2021, in accord with California Government Code Section 65352.3(a), specifically, the directive of Senate Bill 18 (SB 18), the Community Development Department staff sent an offer for tribal consultation to the representatives of the Federated Indians of the Graton Rancheria (Federated Indians). Tribal consultation is required for all projects that propose an amendment to the local General Plan. The purpose of the tribal consultation is to consult with the local tribe representatives on potential impacts to Native American places, features and objects described in Sections 5097.9 and 5097.993 of the California Public Resources Code. The prescribed 90-day period was observed for the Federated Indians to respond to the offer, but the City received no response; and WHEREAS, as required by the California Environmental Quality Act (CEQA) Guidelines, staff determined that the applications for a general plan amendment, zone change, vesting tentative parcel map, and environmental and design review permits, are a ‘project,’ making it subject to environmental review. Pursuant to CEQA Guidelines Section 15063, an Initial Study/Mitigated Negative Declaration (IS/MND) was prepared to determine the potential environmental impacts of the project. The IS/MND is supported by several technical studies including air quality, noise, geotechnical and traffic; and WHEREAS, the IS/MND assesses the environmental impacts of the proposed amendment to San Rafael General Plan 2040 to change the existing Hillside Resource Residential (HRR) land use designation of the property to Neighborhood Commercial Mixed Use (NCMU) land use designation. The IS/MND finds that the proposed amendment to the General Plan will not result in significant unmitigable impacts; and WHEREAS, as demonstrated in the preparation of the IS/MND, all potentially significant effects on the environment identified in the IS/MND can be mitigated to less-than-significant levels with implementation of the recommended mitigation measures, including impacts to aesthetics, air quality, biologic resources, cultural and tribal resources, geology and soils, and hydrology and water quality consistent with CEQA Guidelines; and 2 WHEREAS, consistent with the requirements of the CEQA Guidelines, a Mitigation Monitoring and Reporting Program (MMRP) has been prepared to ensure implementation of, and compliance with, all conditions required to mitigate any environmental impact to a level of less than significant. All the identified mitigation measures have also been included as conditions of project approval; and WHEREAS, the project, including the Notice of Availability of the IS/MND, along with the planning applications, was publicly noticed 30 days in advance of the Planning Commission hearing, through the following means: 1) the subject site was posted; 2) publishing a legal ad in the Marin Independent Journal, a local newspaper of general circulation in the area, on November 1, 2021; and 3) notices were mailed to surrounding property owners within 300 feet, pertinent agencies (including responsible and trustee agencies), organizations and special interest groups in conformance with the CEQA Guidelines; and WHEREAS, on December 14, 2021, following a public hearing and deliberation on the project, the Planning Commission voted 5-0-2 (Commissioners Mercado and Previtali absent) to adopt Planning Commission Resolution 21-11 recommending that the City Council approve General Plan Amendment application GPA 20-001 amending the Land Use Map in General Plan 2040, and recommending approval of a Mitigation Monitoring and Reporting Program (“MMRP”) for the project; and WHEREAS, on February 7, 2022, the City Council held a duly noticed public hearing on the proposed project, accepting and considering all oral and written public testimony and the written report of the Department of Community Development; and WHEREAS, on February 7, 2022, by adoption of separate resolution, the City Council adopted the IS/MND and approved an MMRP for the project; and WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based is the Community Development Department. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael does hereby approve General Plan Amendment GPA 20-001, amending the San Rafael General Plan 2040 Land Use Map Figure 3-1 as follows: Modify Figure 3-1 in the General Plan 2040 Land Use Element to change the existing Hillside Resource Residential (HRR) land use designation to Neighborhood Commercial Mixed Use (NCMU) for the 10.24 acre property located at the southerly terminus of Los Gamos Drive (APNs 165-220-06 and 165-220-07). The proposed modified General Plan Figure 3-1 is shown as Exhibit A. BE IT FURTHER RESOLVED, that the amendment is based on and supported by the following findings: 1. The public interest would be served by the adoption of the proposed amendment to Land Use Element Figure 3-1, which would change the existing Hillside Resource Residential (HRR) land use designation to Neighborhood Commercial Mixed Use (NCMU) for the project site in that this action would be consistent with and implement San Rafael General Plan 2040 as documented in the General Plan Consistency Analysis included herein by reference as Exhibit B. 2. This action would provide the opportunity for a mixed-use project, including residential uses, that would be compatible with the adjacent residential and commercial uses. 3 I, Lindsay Lara, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael City Council held on Monday, the 7th day of February 2022, by the following vote to wit: AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None LINDSAY LARA, City Clerk Exhibit A: General Plan 2040 Figure 3-1 – Land Use Map Exhibit B: General Plan Consistency Analysis Exhibit A General Plan 2040 Figure 3-1 – Land Use Map Before--HRR After--NCMU The Neighborhood at Los Gamos File #: GPA 20-001; ZC 20-002; ED 20-058 Southerly Terminus of Los Gamos Drive Title: General Plan 2040 Consistency Table Exhibit: B-1 Exhibit B TABLE ANALYZING PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2040 LAND USE ELEMENT LU-1.2: Development Timing. For health, safety, and general welfare reasons, new development should only occur when adequate infrastructure is available, consistent with the following findings: a) The project is consistent with adopted Vehicle Miles Traveled (VMT) standards, as well as the requirements for Level of Service (LOS) specified in the Mobility Element. b) Planned circulation improvements necessary to meet City standards for the project have funding commitments and completed environmental review. c) Water, sanitary sewer, storm sewer, and other infrastructure improvements needed to serve the proposed development have been evaluated and confirmed to be in place or to be available to serve the development by the time it is constructed. d) The project has incorporated design and construction measures to adequately mitigate exposure to hazards, including flooding, sea level rise, and wildfire. Consistent with Conditions The project proposes development on a vacant site. The quasi-governmental agencies that would provide water and sewer service to the site have reviewed the proposed project and determined that there is adequate capacity to service the new project. Marin Municipal Water District (MMWD) has indicated that a pipeline extension is required to serve the site. This requirement has been added to the conditions of approval. Las Gallinas Valley Sanitation District (LGVSD) has determined that they can serve the project subject to several conditions which have been added to the conditions of approval. The City Traffic Engineer has reviewed the project and the Traffic Impact Study prepared by W- Trans. The City Traffic Engineer concurs that this project would generate 78 additional a.m. and 102 additional p.m. peak hour vehicular trips. The City Traffic Engineer concurs with the conclusion made in the Traffic Impact Study that the project would have a less-than-significant impact for LOS levels at the studied intersections and below the VMT significance thresholds. The project is conditioned on the payment of traffic mitigation fees based on the 180 total new a.m./p.m. peak hour vehicle trips that would be generated by the project. The analysis in the Mitigated Negative Declaration (MND) determined that the project was not subject to flood hazard. The project incorporates a Vegetation Management Plan and a fuel break buffer around the proposed development to reduce risk of uncontrolled wildfire spread. In addition, the project would be constructed pursuant to City of San Rafael development standards for new construction, including installation of fire sprinklers and fire-retardant building materials. Since the project is 30 to 200 feet above sea level, it is not expected to be subject to sea level rise. LU-1.8: Density of Residential Development. Use the density ranges in the Land Use Element to determine the number of housing units allowed on properties within the Planning Area. The following provisions apply: a) The density “range” includes a maximum and minimum. A given General Plan designation may have multiple corresponding zoning districts, including at least one district in which the maximum density may Consistent The project proposes to construct 192 dwelling units on the 10.24 acre site, for a density of 18.75 units per acre; therefore, it would not exceed the maximum density allowed in the Neighborhood Commercial Mixed Use Land Use category where up to 24.2 units per acre are allowed. The applicant has proposed that 10% of the units be affordable at the Low Income Level. As an affordable housing project, the project is eligible for a Density Bonus under State law. The The Neighborhood at Los Gamos File #: GPA 20-001; ZC 20-002; ED 20-058 Southerly Terminus of Los Gamos Drive Title: General Plan 2040 Consistency Table Exhibit: B-2 be achieved. Other zoning districts may have maximum densities that are less than the maximum indicated by the General Plan. b) Calculation of allowable units shall be rounded to the nearest whole number. Where the number is less than 0.5, it shall be rounded down. Where the number is 0.5 or greater, it may be rounded up. c) The number of units permitted on a given parcel may be affected by site resources and constraints, potentially hazardous conditions, climate-related factors (sea level rise, fire hazards, etc.), traffic and access (including wildfire evacuation constraints), the adequacy of infrastructure, City design policies, and prevailing densities in adjacent areas. d) The maximum net density shown on the General Plan excludes density bonuses that may be provided for affordable housing or other community benefits, in accordance with State law and local policies. applicant has applied for a density bonus of 0, in that no increase in the number of units is proposed, but the application is accompanied by a request for a Waiver of the height limit of 30’ and a Concession to allow 12 reduced parking for the project. Both the Waiver and the Concession are allowed pursuant to State Density Bonus Law. LU-1.9: Clustering. Allow clustering of development as a way to conserve environmentally sensitive or hazardous portions of a site (such as unstable slopes or flood plains) and enhance wildlife corridors. In such instances, the density calculation shall be made based on the area of the entire site (minus streets and easements), with the resulting number of units transferred to the less sensitive areas. The result would be a denser housing product on a portion of the site, with the balance conserved as open space. Consistent The project clusters the structures on the site in a way that minimizes the grading and preserves more of the existing vegetation including a majority of the mature trees. It also allows to the use of the South Park area, just over an acre in size, as a significant recreational amenity on the property. This area will include both natural open space and improvements including paths and children’s play structures. LU-1.10: Intensity of Non-Residential Development. Use the Floor Area Ratio limits on Figure 3-2 to determine the square footage of building space allowed on properties with non-residential General Plan designations. The following provisions apply: a) As with density, FAR is calculated on a “net” basis, and is based on the area of each parcel excluding streets and easements. b) The maximum FAR stated by the General Plan is not guaranteed. The square footage permitted on a given Consistent The project proposes a commercial use that conforms to the maximum FAR of 0.01. The Neighborhood at Los Gamos File #: GPA 20-001; ZC 20-002; ED 20-058 Southerly Terminus of Los Gamos Drive Title: General Plan 2040 Consistency Table Exhibit: B-3 parcel may be affected by site resources and constraints, potentially hazardous conditions, climate-related factors (sea level rise, fire hazards, etc.), traffic and access (including wildfire evacuation constraints), the adequacy of infrastructure, and City design policies. c) The maximum FARs shown in Figure 3-2 exclude any residential development on the property. In the event that residential uses or mixed use projects are proposed on these sites, the maximum area is the sum of the FAR allowance plus the residential density allowance for the property. This Clause does not apply to Downtown San Rafael, which is regulated by the Downtown Precise Plan. LU-1.15: Planned Development Zoning. Encourage the use of Planned Development (PD) zoning for development on parcels greater than five acres when the application of traditional zoning standards would make it more difficult to achieve General Plan goals. The PD zoning designation allows flexible design standards that are more responsive to site conditions as well as the transfer of allowable General Plan and zoning density between contiguous sites under common ownership. Consistent The project proposes Planned Development zoning on a site larger than 5 acres. LU-1.17: Building Heights. Use General Plan Figures 3-3 and 3-4 as the basis for determining “baseline” maximum building heights in San Rafael. Maximum heights should continue to be codified through zoning and any applicable Specific Plans or Precise Plans. In addition, the following specific provisions related to building heights shall apply: a) Height of buildings existing or approved as of January 1, 1987 shall be considered as conforming to zoning standards. b) Hotels outside of the Downtown Precise Plan boundary have a 54-foot height limit. Within Downtown, the height provisions of the Downtown Precise Plan apply (see Figure 3-4). c) As provided for by Policy LU-1.18, “baseline” building heights are subject to height bonuses where specific Consistent with Waiver per State Density Bonus Law Although the project would exceed the maximum building height of 30 feet allowed for this area of San Rafael, the project has applied for a Density Bonus and a waiver from the height limit as permitted under State Density Bonus law, so the General Plan standard has been superseded by State law. The Neighborhood at Los Gamos File #: GPA 20-001; ZC 20-002; ED 20-058 Southerly Terminus of Los Gamos Drive Title: General Plan 2040 Consistency Table Exhibit: B-4 community benefits are provided, where a Variance or zoning exception is granted, or where a Transfer of Development Rights (TDR) is being implemented. d) Heights may be increased by up to six (6) feet above the baseline building heights as necessary to mitigate the exposure of properties to sea level rise and other flooding hazards (e.g., raising the first floor of habitable floor space above anticipated tidal flood elevations). LU-2.2: Mixed Use Development. Encourage mixed-use development (combining housing and commercial uses) in Downtown San Rafael and on commercially designated properties elsewhere in the city. Mixed-use development should enhance its surroundings and be compatible with adjacent properties. Consistent The project is a mixed-use development with both residences and commercial uses. LU-3.3: Housing Mix. Encourage a diverse mix of housing choices in terms of affordability, unit type, and size, including opportunities for both renters and owners. Consistent The project proposes apartments, including 10% of the units affordable at the Low Income level. COMMUNITY DESIGN AND PRESERVATION ELEMENT CDP-1.3: Hillside Protection. Protect the visual integrity and character of San Rafael’s hillsides and ridgelines. Where hillside construction is permitted, structures should be designed to provide slope and foundation stability, erosion control, and adequate emergency access, drainage and parking. Hillside buildings should be sited to protect the natural landscape, avoid excessive tree loss, and preserve scenic vistas from public vantage points. Consistent with Conditions The project has been designed according to the Hillside Design Guidelines by utilizing clustering, the use of stepbacks for the walls of the structures, the use of tuck-under parking, and the use of materials and colors that help the buildings blend into the appearance of the hillside. The project has been reviewed by the Design Review Board. Recommendations from the Board for project design improvements have been incorporated into the conditions of approval. CDP-4.2: Public Involvement in Design Review. Provide for public involvement in design review through effective noticing, adequate comment timelines, and clear project review opportunities, while still achieving development streamlining objectives. Consistent The project has been reviewed by the Design Review Board and found, as conditioned, to be consistent with the applicable design policies of the General Plan and the City’s Multi-family Design Guidelines. All public hearings have been, or will be, properly noticed as required by the Zoning Ordinance. In addition, the project applicant conducted a neighborhood outreach meeting on September 30, 2021, that was attended by members of the public. The Neighborhood at Los Gamos File #: GPA 20-001; ZC 20-002; ED 20-058 Southerly Terminus of Los Gamos Drive Title: General Plan 2040 Consistency Table Exhibit: B-5 CDP-4.5: Higher Density Design. Encourage high-quality architecture and landscape design in new higher-density housing and mixed-use projects. Such projects should be designed to be compatible with nearby buildings and respect the character-defining features of the surrounding neighborhood or district. Consistent with Conditions This mixed-use project has been reviewed by the Design Review Board and found, as conditioned, to be consistent with the applicable design policies of the General Plan and the City’s Multi-family Design Guidelines and utilizes high-quality architecture and landscape design. CDP-4.6: Open Space in Multi-Family Housing. Require private outdoor areas such as decks and patios, as well as common open space areas, in new multi-family development and mixed use housing. Common open space may include recreation facilities, gathering places, and site amenities such as picnic and play areas. Consistent The project provides both private open space for each unit and large common open space areas, including the South Park area of approximately 1 acre and the Commons area, approximately 10,000 square feet of recreational area above and beside the market/community center that includes seating, a water feature, a children’s play area and other recreational amenities. Each of the common areas are easily accessible to the residents. CDP-4.7: Larger-Scale Buildings. Design larger scale buildings to reduce their perceived mass. Encourage the incorporation of architectural elements such as towers, arcades, courtyards, and awnings to create visual interest, provide protection from the elements, and enhance orientation. Consistent with Conditions The project is broken into five apartment buildings and one dual-use building, reducing the mass of each building. The buildings use articulation of building form, and are set into the hill such that the perceived mass is reduced. The proposed materials and colors will also help reduce the perceived mass of the buildings. As mentioned, the Design Review Board recommended approval of the project with recommendations for design improvements which have been incorporated into the conditions of approval. CDP-4.9: Parking and Driveways. Encourage parking and circulation design that supports pedestrian movement and ensures the safety of all travelers, including locating parking to the side or rear of buildings, limiting driveway cuts and widths, and minimizing large expanses of pavement. Parking should be screened from the street by landscaping and should provide easy access to building entrances. Consistent The parking areas are completely screened from off-site views because they are either tucked under the buildings or they are blocked from view by the proposed buildings and landscaping. A system of sidewalks connects the buildings to each other and to the common open space areas, promoting pedestrian access throughout the site. The project has a relatively small amount of surface parking with only 42 spaces not located beneath the buildings. The location of the majority of the parking beneath the buildings gives easy access to the buildings. CDP-4.10: Landscape Design. Encourage—and where appropriate require—privately owned and maintained landscaping that conserves water, contributes to neighborhood quality, complements building forms and materials, improves stormwater management and drainage, and enhances the streetscape. Natural elements such as plants should be an integral part of site development and should enhance the built environment while supporting water conservation goals. Consistent with Conditions The project has an extensive landscape palette that relies on low-water using plants, including many California natives, creating an attractive and sustainable plan. Of the 285 existing trees on the property, 55 will be removed; the majority of the existing mature trees are preserved. An additional 210 trees, including oak species, will be planted on the property. As mentioned, the Design Review Board reviewed the project design, including the landscaping plans, and recommended approval of the project with recommendations for design improvements which have been incorporated into the conditions of approval. The Neighborhood at Los Gamos File #: GPA 20-001; ZC 20-002; ED 20-058 Southerly Terminus of Los Gamos Drive Title: General Plan 2040 Consistency Table Exhibit: B-6 CDP-4.11: Lighting. Encourage lighting for safety and security while preventing excessive light spillover and glare. Lighting should complement building and landscape design. Consistent with Conditions The project design includes a total of 26 new light poles, from 14-16 feet tall, along the internal driveway system, 86 small light bollards mostly concentrated in the area of the market/community center, and 24 other small light fixtures in various locations. A photometric plan was submitted and reviewed by the Design Review Board and recommended for approval. Proposed lighting will have to meet the standards of SRMC Section 14.16.227, Light and Glare. In addition, Mitigation Measure AES-1 requires the project to conduct a post-installation lighting study showing that the lighting on the site complies with the plan and the requirements of the Municipal Code. As conditioned, the project will have adequate lighting without spillover onto adjacent properties or natural areas. CONSERVATION AND CLIMATE CHANGE ELEMENT C-1.6: Creek Protection. Protect and conserve creeks as an important part of San Rafael’s identity, natural environment, and green infrastructure. Except for specific access points approved per Policy C-1.7 (Public Access to Creeks), development-free setbacks shall be required along perennial and intermittent creeks (as shown on www.marinmaps.org) to help maintain their function and habitat value. Appropriate erosion control and habitat restoration measures are encouraged within the setbacks, and roadway crossings are permitted. Consistent There is an existing drainageway crossing west to east near the middle of the site. The new buildings have been sited north of the drainageway. A bridge is proposed to span the drainageway to provide pedestrian access from the new apartments to the South Park recreational and open space area south of the new buildings. The bridge is designed to preserve the existing drainageway by providing a 25’ setback of all structures, including bridge footings, from the top of the drainage on either side. C-1.10: Hillside Preservation. Encourage preservation of hillsides, ridgelines, and other open areas that serve as habitat and erosion protection as well as visual backdrops to urban areas. Consistent The project is located below the ridgeline west of the site and utilizes clustering to minimize the amount of grading and impacts to existing vegetation. The majority of the existing trees on the site would be preserved. C-1.12: Native or Sensitive Habitats. Protect habitats that are sensitive, rare, declining, unique, or represent a valuable biological resource. Potential impacts to such habitats should be minimized through compliance with applicable laws and regulations, including biological resource surveys, reduction of noise and light impacts, restricted use of toxic pesticides, pollution and trash control, and similar measures. Consistent with Mitigation As documented in the Mitigated Negative Declaration, Section IV Biological Resources, “no federal or state listed (plant) species were observed or are expected to occur” on the site; one rare plant has “moderate potential to occur”; 16 of 17 “special status wildlife species were considered to have no potential to occur” and the other species had “low potential to occur”; and because the site has many mature trees, there is potential to impact nesting birds. Mitigation Measure BIO-1 is included in the Mitigated Negative Declaration and the conditions of approval and will ensure that rare or protected plants and nesting birds are not impacted by site development. C-1.13: Special Status Species. Conserve and protect special status plants and animals, including those listed by State or federal agencies as threatened and/or Consistent with Mitigation See discussion in C-1.12 above. The Neighborhood at Los Gamos File #: GPA 20-001; ZC 20-002; ED 20-058 Southerly Terminus of Los Gamos Drive Title: General Plan 2040 Consistency Table Exhibit: B-7 endangered, those considered to be candidate species for listing by state and federal agencies, and other species that have been assigned special status by the California Native Plant Society and the California Fish and Game Code. Avoidance of impacts, accompanied by habitat restoration, is the preferred approach to conservation, but mitigation measures may be considered when avoidance is not possible. C-1.15: Landscaping with Appropriate Naturalized Plant Species. Encourage landscaping with native and compatible non-native plant species that are appropriate for the dry summer climate of the Bay Area, with an emphasis on species determined to be drought-resistant. Diversity of plant species is a priority for habitat resilience. Consistent The proposed landscape plant species were reviewed by the Design Review Board to ensure appropriate species were proposed. C-1.16: Urban Forestry. Protect, maintain, and expand San Rafael’s tree canopy. Trees create shade, reduce energy costs, absorb runoff, support wildlife, create natural beauty, and absorb carbon, making them an essential and valued part of the city’s landscape and strategy to address global climate change. Tree planting and preservation should be coordinated with programs to reduce fire hazards, reduce greenhouse gas emissions, expand solar opportunities, and ensure public safety, resulting in a community that is both green and fire-safe. Consistent Of the 285 existing mature trees on the property, 230 will be preserved and another 210 trees will be planted. Many of the existing trees are oak species and oaks are also proposed as part of the new landscape plan. C-2.2: Land Use Compatibility and Building Standards. Consider air quality conditions and the potential for adverse health impacts when making land use and development decisions. Buffering, landscaping, setback standards, filters, insulation and sealing, home HVAC measures, and similar measures should be used to minimize future health hazards. Consistent with Mitigation As described in the Mitigated Negative Declaration, Section III Air Quality, Air Quality impacts during temporary construction and grading activities required by the project would result in less-than-significant impacts with mitigation measures. In addition, the project would result in less-than-significant impacts with mitigation measures to minimize long-term increased cancer risk to new project occupants from exposure to small particulate matter (PM2.5). The required Air Quality mitigation measures (AQ-1, AQ-2), which include requirements for enhanced air filtration systems in the project and methods to reduce dust creation during construction, are included in the Mitigated Negative Declaration and the conditions of approval. C-2.4: Particulate Matter Pollution Reduction. Promote the reduction of particulate matter from roads, parking lots, construction sites, agricultural lands, wildfires, and other sources. Consistent with Mitigation Mitigation Measure AQ-1 includes dust-control techniques to control dust and exhaust during construction. The Neighborhood at Los Gamos File #: GPA 20-001; ZC 20-002; ED 20-058 Southerly Terminus of Los Gamos Drive Title: General Plan 2040 Consistency Table Exhibit: B-8 C-3.1: Water Quality Standards. Continue to comply with local, state and federal water quality standards. Consistent with Mitigation As described in the Mitigated Negative Declaration, Section X, Hydrology and Water Quality, Mitigation Measure HYDRO-1 requires the applicant to prepare a Storm Water Pollution Prevention Plan (SWPPP) and implement stormwater control measures such as Low Impact Development (LID) and Best Management Practices (BMP’s) per the City’s Manual of Stormwater Pollution Control Standards for New Development and Redevelopment. In addition, Mitigation Measure HYDRO-1 requires the project “applicant to verify that operational stormwater quality control measures…have been implemented.” These measures will ensure that less-than-significant impacts to water quality will occur. C-3.2: Reduce Pollution from Urban Runoff. Require Best Management Practices (BMPs) to reduce pollutants discharged to storm drains and waterways. Typical BMPs include reducing impervious surface coverage, requiring site plans that minimize grading and disturbance of creeks and natural drainage patterns, and using vegetation and bioswales to absorb and filter runoff. Consistent with Mitigation See C-3.1 above. C-3.3: Low Impact Development. Encourage construction and design methods that retain stormwater on-site and reduce runoff to storm drains and creeks. Consistent with Mitigation See C-3.1 above. In addition, as described in the Mitigated Negative Declaration, Section X, Hydrology and Water Quality, the project includes stormwater management features such as bioretention areas which have been designed to account for enough storage volume to attenuate peak flows on and from the site. These features and the implementation of Mitigation Measures HYDRO-1 and HYDRO-2 ensure that the project would not result in on- or off-site flooding. C-3.9: Water-Efficient Landscaping. Encourage—and where appropriate require—the use of vegetation and water-efficient landscaping that is naturalized to the San Francisco Bay region and compatible with water conservation, fire prevention and climate resilience goals. Consistent The proposed landscape plan was reviewed by the Design Review Board to ensure that the landscaping incorporated appropriate water-efficient features. C-4.1: Renewable Energy. Support increased use of renewable energy and remove obstacles to its use. Consistent The project proposes the installation of photovoltaic panels on the roofs of the apartment buildings to reduce the use of non-renewable energy sources. C-4.2: Energy Conservation. Support construction methods, building materials, and home improvements that improve energy efficiency in existing and new construction Consistent The project will comply with the most recently adopted California Building Code (CBC) CalGreen and Title-24 Energy regulations. C-4.5: Resource Efficiency in Site Development. Encourage site planning and development practices that Consistent The Neighborhood at Los Gamos File #: GPA 20-001; ZC 20-002; ED 20-058 Southerly Terminus of Los Gamos Drive Title: General Plan 2040 Consistency Table Exhibit: B-9 reduce energy demand and incorporate resource- and energy-efficient infrastructure. The mixed-use nature of the project is more energy efficient than tradition development patterns. The inclusion of a grocery store encourages residents to walk to the store. The project also incorporates rooftop solar panels. PARKS, RECREATION AND OPEN SPACE ELEMENT PROS-1.13: Recreational Facilities in Development Projects. Encourage, and where appropriate require, the construction of on-site recreational facilities in multi- family, mixed use, and office projects to supplement the facilities available in City parks. Consistent The project includes substantial recreational amenities such as: 1) the South Park area of nearly an acre with both natural open space and improvements including children’s play structures; 2) the Village Commons area totaling approximately 10,000 square feet with both children’s play areas and passive recreational features for adults; and 3) the 5,003 square-foot community room above the grocery store. PROS-3.5: Private Open Space. Ensure the long-term stewardship of privately-owned open space in a manner that conserves natural resource and aesthetic values, sustains wildlife, and reduces hazards to life and property. Opportunities to better integrate common open space in private development with public open space space (via trails, etc.) should be encouraged. Consistent The project design preserves almost half the site (4.83 acres) as undisturbed open space. The majority of the existing trees will be preserved. The South Park area includes a substantial proportion of natural hillside made accessible with pedestrian paths. SAFETY AND RESILIENCE ELEMENT S-1.2: Location of Future Development. Permit development only in those areas where potential danger to the health, safety, and welfare of the community can be adequately mitigated. Land uses and densities should take environmental hazards such as earthquakes, flooding, slope stability, sea level rise, and wildfires into consideration. Consistent with Mitigation As documented in the Mitigated Negative Declaration Section VII, Geology and Soils, reports from Miller Pacific Engineering Group (MPEG) and Salem Howes Associates Inc. evaluated the potential for project impacts related to geologic hazards. The reports determined that no active faults crossed the site and that the site was in an area with low liquefaction potential. Since the site is in an area potentially subject to strong ground shaking during an earthquake, Mitigation Measure GEO-1 requires the preparation of a design-level geotechnical investigation. To address the potential for landslide impacts and soil instability, Mitigation Measure GEO-2 requires the preparation of a final geotechnical report. With the implementation of these Mitigation Measures, potential impacts related to earthquakes and slope stability will be reduced to less-than-significant levels. See LU-1.2 for a discussion of flood, sea level rise and wildfire hazards. S-2.1: Seismic Safety of New Buildings. Design and construct all new buildings to resist stresses produced by earthquakes. The minimum level of seismic design shall be in accordance with the most recently adopted building code as required by State law. Consistent with Mitigation See S-1.2 above. The Neighborhood at Los Gamos File #: GPA 20-001; ZC 20-002; ED 20-058 Southerly Terminus of Los Gamos Drive Title: General Plan 2040 Consistency Table Exhibit: B-10 S-2.2: Minimize the Potential Effects of Landslides. Development proposed in areas with existing or potential landslides (as identified by a Certified Engineering Geologist, Registered Geotechnical Engineer, or the LHMP) shall not be endangered by, or contribute to, hazardous conditions on the site or adjoining properties. Landslide mitigation should consider multiple options in order to reduce potential secondary impacts (loss of vegetation, site grading, traffic, visual). The City will only approve new development in areas of identified landslide hazard if the hazard can be appropriately mitigated, including erosion control and replacement of vegetation. Consistent with Mitigation See S-1.2 above. S-2.5: Erosion Control. Require appropriate control measures in areas susceptible to erosion, in conjunction with proposed development. Erosion control measures should incorporate best management practices (BMPs) and should be coordinated with requirements for on-site water retention, water quality improvements, and runoff control. Consistent with Mitigation See C-3.1 and C-3.3 above. In addition to the mitigation measures mentioned, Mitigation Measure GEO-3 requires the preparation of a site drainage system that includes setbacks from the drainageway. This is also described in C-1.6 above. Mitigation Measure GEO-3 also requires the preparation of an erosion control plan per the current guidelines of the California Stormwater Quality Association’s Best Management Practice Handbook. S-3.8: Storm Drainage Improvements. Require new development to mitigate potential increases in runoff through a combination of measures, including improvement of local storm drainage facilities. Other measures, such as the use of porous pavement, bioswales, and “green infrastructure” should be encouraged. Consistent with Mitigation See C-3.1 and C-3.3 above. S-4.3: New Development in Fire Hazard Areas. Design new development to minimize fire hazards. Densities, land uses, and site plans should reflect the level of wildfire risk and evacuation capacity at a given location. Consistent with Conditions The project incorporates a Vegetation Management Plan and a fuel break buffer around the proposed development to reduce risk of uncontrolled wildfire spread. In addition, the project would be constructed pursuant to City of San Rafael development standards for new construction, including installation of fire sprinklers and fire-retardant building materials. The project has been reviewed by the Fire Department and found to be in conformance with fire prevention standards and would not pose a risk to public safety or impact levels of service. NOISE ELEMENT N-1.1: Land Use Compatibility Standards for Noise. Protect people from excessive noise by applying noise standards in land use decisions. The Land Use Consistent with Conditions As documented in the Mitigated Negative Declaration Section XIII, Noise, the acoustical report prepared by Illingworth and Rodkin determined that the project would not generate new noise The Neighborhood at Los Gamos File #: GPA 20-001; ZC 20-002; ED 20-058 Southerly Terminus of Los Gamos Drive Title: General Plan 2040 Consistency Table Exhibit: B-11 Compatibility standards in Table 9-2 are adopted by reference as part of this General Plan and shall be applied in the determination of appropriate land uses in different ambient noise environments. that would create significant impacts to existing residents. Modern construction techniques, including the use of forced-air mechanical ventilation, and adherence to the standards of the Building Code will ensure that the project complies with noise levels found in the General Plan and the Municipal Code. N-1.2: Maintaining Acceptable Noise Levels. Use the following performance standards to maintain an acceptable noise environment in San Rafael: (a) New development shall not increase noise levels by more than 3 dB Ldn in a residential area, or by more than 5 dB Ldn in a non-residential area. (b) New development shall not cause noise levels to increase above the “normally acceptable” levels shown in Table 9-2. (c) For larger projects, the noise levels in (a) and (b) should include any noise that would be generated by additional traffic associated with the new development. (d) Projects that exceed the thresholds above may be permitted if an acoustical study determines that there are mitigating circumstances (such as higher existing noise levels) and nearby uses will not be adversely affected. Consistent with Conditions As documented in the Mitigated Negative Declaration Section XIII, Noise, the project would not generate new noise that would create significant impacts to existing residents. In addition, construction best management practices recommended by the report from Illingworth and Rodkin have been included in the conditions of approval and will ensure that noise generated during construction will generate less-than-significant impacts. N-1.3: Reducing Noise Through Planning and Design. Use a range of design, construction, site planning, and operational measures to reduce potential noise impacts. Consistent with Conditions See N-1.2 above. N-1.5: Mixed Use. Mitigate the potential for noise-related conflicts in mixed use development combining residential and nonresidential uses. Consistent The proposed grocery store is a compatible land use with the residences and is not expected to be a source of significant noise. N-1.9: Maintaining Peace and Quiet. Minimize noise conflicts resulting from everyday activities such as construction, sirens, yard equipment, business operations, night-time sporting events, and domestic activities. Consistent with Conditions See N-1.2 above. MOBILITY ELEMENT M-2.5: Traffic Level of Service. Maintain traffic Level of Service (LOS) standards that ensure an efficient roadway network and provide a consistent basis for evaluating the Consistent As documented in the Mitigated Negative Declaration Section XVII Transportation, the project would not exceed the acceptable level of service standards (LOS), LOS D or better, for nearby The Neighborhood at Los Gamos File #: GPA 20-001; ZC 20-002; ED 20-058 Southerly Terminus of Los Gamos Drive Title: General Plan 2040 Consistency Table Exhibit: B-12 transportation effects of proposed development projects on local roadways. These standards shall generally be based on the performance of signalized intersections during the AM and PM peak hours. Arterial LOS standards may be used in lieu of (or in addition to) intersection LOS standards in cases where intersection spacing and road design characteristics make arterial LOS a more reliable and effective tool for predicting future impacts. intersections. “Upon the addition of project-generated traffic to Existing volumes, all intersections are expected to continue operating acceptably. Under the anticipated Future volumes, all four study intersections are expected to operate acceptably at LOS D or better during both peak hours and would be expected to continue doing so upon the addition of project generated traffic. This is considered a less than significant impact.” M-2.6: Traffic Mitigation Fees. Collect impact fees for new development based on the expected number of trips a project will generate. Fees should be used to implement transportation improvements as directed by City Council resolution. Consistent with Conditions The project is required to pay traffic mitigation fees totaling $764,280 ($4,246 x 180) for the 78 net new peak AM and 102 net new peak PM trips. M-2.8: Emergency Access. Identify alternate ingress and egress routes (and modes of travel) for areas with the potential to be cut off during a flood, earthquake, wildfire, or similar disaster. Consistent The project has been reviewed by the Fire and Police Departments and they have determined that the project would maintain adequate access for emergency services. M-3.2: Using VMT in Environmental Review. Require an analysis of projected Vehicle Miles Traveled (VMT) as part of the environmental review process for projects with the potential to significantly increase VMT. As appropriate, this shall include transportation projects and land use/policy plans as well as proposed development projects. Consistent As documented in the Mitigated Negative Declaration, Section XVII Transportation, “the project’s proposed density and provision of onsite affordable housing would reduce its per capita VMT by 12 percent, thereby resulting in a project-specific rate of 8.4 VMT per capita. This is below the applied VMT significance threshold of 11.3 VMT per capita. Accordingly, the residential component of the project as proposed would be expected to result in a less-than- significant VMT impact.” “The project also includes an on-site 5,000 square-foot market available to the public and 5,000 square-foot community center. Based on guidance from the OPR Technical Advisory, local- serving retail such as this can generally be presumed to have a less-than-significant impact on VMT. This presumption is readily validated by the fact that customers of the market and community center will include on-site residents who would not generate VMT when patronizing the market, as well as residents and employees in surrounding areas that would otherwise need to travel a longer distance, mostly by vehicle, to visit a competing retail use. The market and community center would therefore be expected to result in a less-than- significant VMT impact.” M-6.1: Encouraging Walking and Cycling. Wherever feasible, encourage walking and cycling as the travel mode of choice for short trips, such as trips to school, parks, transit stops, and neighborhood services. Safe, walkable neighborhoods with pleasant, attractive streets, Consistent The mixed-use character of the project encourages residents to walk to the proposed grocery store. The Village Commons and South Park recreational areas are easily accessible to pedestrians. The project is located close to a major highway and is within walking distance of nearby transit stops. The Neighborhood at Los Gamos File #: GPA 20-001; ZC 20-002; ED 20-058 Southerly Terminus of Los Gamos Drive Title: General Plan 2040 Consistency Table Exhibit: B-13 bike lanes, public stairways, paths, and sidewalks should be part of San Rafael’s identity. COMMUNITY SERVICES AND INFRASTRUCTURE ELEMENT CSI-4.2: Adequacy of City Infrastructure and Services. As part of the development review process, require applicants to demonstrate that their projects can be adequately served by the City’s infrastructure. All new infrastructure shall be planned and designed to meet the engineering and safety standards of the City as well as various local service and utility providers. Consistent See LU-1.2 above. The appropriate utility agencies have reviewed the project and determined that the property can be adequately served with appropriate system upgrades, which have been incorporated into the conditions of approval. EQUITY DIVERSITY AND INCLUSION ELEMENT EDI-2.1: Neighborhood Design for Active Living. Improve the design of San Rafael’s neighborhoods to promote physical activity for all residents, including opportunities for safe walking and cycling, and walkable access to goods and services. Consistent The mixed-use character of the project promotes pedestrian access to the grocery store and the many recreational features of the project including the South Park area and the Village Commons. EDI-2.2: Safe Space for Physical Activity. Provide safe physical spaces for children and families to play and be physically active in all neighborhoods, particularly in the Canal area and other neighborhoods where many homes lack outdoor living space. Consistent The recreational features of the site are located well-away from public roads. The Village Commons is near the internal driveway but speeds will be low on that system. Final design features will include elements to separate children’s play areas from the driveway system. The South Park area is separated from the internal driveway but easily accessible by residents. EDI-3.2: Affordable Housing Development. Encourage the development of affordable rental housing to meet the needs of all San Rafael households. Consistent See H-18 below. HOUSING ELEMENT H-2: Design That Fits into the Neighborhood Context. Recognize that construction of new housing and improvements on existing properties can add to the appearance and value of the neighborhood if they fit into the established character of the area. Design new housing, remodels, and additions to be compatible to the surrounding neighborhood. Incorporate transitions in height and setbacks from adjacent properties to respect adjacent development character and privacy. Respect Consistent with Conditions Residential development is allowed on the site per the proposed Neighborhood Commercial Mixed-Use Land Use designation. The project is on a vacant hillside parcel adjacent to single- family development to the south and west. Commercial development to the north and east includes a YMCA gymnasium and a Kaiser Health facility. Hwy 101 is just east of the site. The Design Review Board recommended approval of the project design with recommendations for design improvements which have been incorporated into the conditions of approval. The Neighborhood at Los Gamos File #: GPA 20-001; ZC 20-002; ED 20-058 Southerly Terminus of Los Gamos Drive Title: General Plan 2040 Consistency Table Exhibit: B-14 existing landforms and minimize effects on adjacent properties. H-3: Public Information and Participation. Provide information on housing programs and related issues. Require and support public participation in the formulation and review of the City’s housing policy, including encouraging neighborhood involvement in development review. Work with community groups to advocate programs that will increase affordable housing supply and opportunities. Ensure appropriate and adequate involvement so that the design of new housing will strengthen the character and integrity of the neighborhood. Consistent See response in CDP-4.2 above. H-14: Adequate Sites. Maintain an adequate supply of land designated for all types of residential development to meet the housing needs of all economic segments in San Rafael. Within this total, the City shall also maintain a sufficient supply of land for multifamily housing to meet the quantified housing need of very low, low, and moderate income housing units. Encourage development of residential uses in commercial areas where the vitality of the area will not be adversely affected and the site or area will be enhanced by linking workers to jobs, and by providing shared use of the site or area. Consistent This is a mixed-use project that provides 192 units of housing on an in-fill site. It will help accommodate the projected need for 1,007 additional housing units in the City by the year 2023 (Regional Housing Needs Allocation, Page 62 of the Housing Element). A total of 20 of the units will be affordable at the Low Income Level. These would contribute to the City’s need for 148 low-income housing units by the year 2023. H-18: Inclusionary Housing Requirements. The City of San Rafael first adopted inclusionary requirements in the 1980’s. The City requires residential projects to provide a percentage of affordable units on site and/or pay in-lieu of fees for the development of affordable units in another location. The City’s program requires the units remain affordable for the longest feasible time, or at least 55 years. The City's primary intent is the construction of units on-site. The units should be of a similar mix and type to that of the development as a whole, and dispersed throughout the development. If this is not practical or not permitted by law, the City will consider other alternatives of equal value, such as in-lieu fees, construction of units off-site, donation of a portion of the property for future Consistent The project will provide 20 units affordable at the Low Income Level, consistent with the standards of the recently-adopted amendments to SRMC Section 14.16.030. The Neighborhood at Los Gamos File #: GPA 20-001; ZC 20-002; ED 20-058 Southerly Terminus of Los Gamos Drive Title: General Plan 2040 Consistency Table Exhibit: B-15 non-profit housing development, etc. Allow for flexibility in providing affordable units as long as the intent of this policy is met 1 ORDINANCE NO. 2003 AN ORDINANCE OF THE CITY OF SAN RAFAEL CITY COUNCIL APPROVING A PLANNED DEVELOPMENT REZONING FROM PLANNED DISTRICT – HILLSIDE DEVELOPMENT OVERLAY DISTRICT (PD-H) AND RESIDENTIAL – HILLSIDE DEVELOPMENT OVERLAY DISTRICT (R2A-H) TO PLANNED DEVELOPMENT DISTRICT (PD), FOR THE CONSTRUCTION OF A MIXED-USE PROJECT CONSISTING OF 192 RESIDENTIAL APARTMENT UNITS, A 5,600 SQUARE-FOOT MARKET, A 5,000 SQUARE FOOT COMMUNITY CENTER, AND 225 AT-GRADE AND SEMI-SUBTERRANEAN PARKING SPACES FOR THE 10.24 ACRE SITE LOCATED AT THE SOUTHERLY TERMINUS OF LOS GAMOS DRIVE NORTH OF OLEANDER DRIVE (THE NEIGHBORHOOD AT LOS GAMOS) (APNS: 165-220-06 AND 165-220-07) WHEREAS, on December 22, 2020, the applicants submitted applications for a General Plan Amendment (GPA 20-001) from Hillside Resource Residential to Neighborhood Commercial Mixed Use; Zone Change (ZC 20-002) from Planned District – Hillside Development Overlay District (PD-H) and Residential – Hillside Development Overlay District (R2a-H) to Planned Development District (PD); Vesting Tentative Parcel Map to combine and adjust the boundaries of the existing parcels; and Environmental and Design Review (ED 20-058) for a mixed-use project with 192 multi-family residential units, an approximately 5,600-square-foot market, a 5,000-square-foot community center, and 225 at- grade and semi-subterranean parking spaces; on a 10.24 acre site located at the southerly terminus of Los Gamos Drive north of Oleander Drive; and WHEREAS, the current zoning for the site does not allow the type of mixed-use development proposed and does not contain appropriate land use limitations and development standards, as required by Section 14.07.060 of Title 14 of the San Rafael Municipal Code (Zoning Ordinance); and WHEREAS, the proposed PD District land use and development regulations for the property are presented in Exhibit B. The PD proposes to: a) Create a new PD Zoning District for the property; b) Establish permitted land uses in the PD district; and c) Establish development standards appropriate for the district. WHEREAS, as required by the California Environmental Quality Act (CEQA) Guidelines, staff determined that the applications for a general plan amendment, zone change, vesting tentative parcel map, and environmental and design review permits, are a ‘project,’ making it subject to environmental review. Pursuant to CEQA Guidelines Section 15063, an Initial Study/Mitigated Negative Declaration (IS/MND) was prepared to determine the potential environmental impacts of the project. The IS/MND is supported by several technical studies including air quality, noise, geotechnical and traffic; and WHEREAS, the IS/MND assesses the environmental impacts of the proposed amendment to San Rafael General Plan 2040 to change the existing Hillside Resource Residential (HRR) land use designation of the property to Neighborhood Commercial Mixed Use (NCMU) land use designation. The IS/MND finds that the proposed amendment to the General Plan will not result in significant unmitigable impacts; and WHEREAS, as demonstrated in the preparation of the IS/MND, all potentially significant effects on the environment identified in the IS/MND can be mitigated to less-than-significant levels with implementation of the recommended mitigation measures, including impacts to aesthetics, air quality, biologic resources, cultural and tribal resources, geology and soils, and hydrology and water quality consistent with CEQA Guidelines; and 2 WHEREAS, consistent with the requirements of the CEQA Guidelines, a Mitigation Monitoring and Reporting Program (MMRP) has been prepared to ensure implementation of, and compliance with, all conditions required to mitigate any environmental impact to a level of less than significant. All the identified mitigation measures have also been included as conditions of project approval; and WHEREAS, the project, including the Notice of Availability of the IS/MND, along with the planning applications, was publicly noticed 30 days in advance of the Planning Commission hearing, through the following means: 1) the subject site was posted; 2) publishing a legal ad in the Marin Independent Journal, a local newspaper of general circulation in the area, on November 1, 2021; and 3) notices were mailed to surrounding property owners within 300 feet, pertinent agencies (including responsible and trustee agencies), organizations and special interest groups in conformance with the CEQA Guidelines; and WHEREAS, on October 5, 2021, the project was considered by the Design Review Board (DRB) which recommended approval of the project subject to conditions to reconsider a darker color palette for the walls of the structures, to try to provide a more natural and less formal arrangement of the proposed trees on the project, to mitigate the impact of the tall retaining walls in the Village Commons, and for the project to come back for final review of the design details by the DRB when building permits were submitted; and WHEREAS, the applicant has agreed to all the recommended changes and they have been incorporated into the conditions of approval for the project; and WHEREAS, on December 14, 2021, following a public hearing and deliberation on the project, the Planning Commission voted 5-0-2 (Commissioners Mercado and Previtali absent) and adopted Planning Commission Resolutions 21-10, 21-11 and 21-12 recommending that the City Council 1) adopt a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the project; 2) approve Zone Change application ZC 20-002; c) conditionally approve the Vesting Tentative Parcel Map; and d) conditionally approve Environmental and Design Review application 20-058; and WHEREAS, on February 7, 2022, the City Council held a duly noticed public hearing on the proposed project, accepting and considering all oral and written public testimony and the written report of the Department of Community Development; and WHEREAS, on February 7, 2022, by adoption of separate resolution, the City Council adopted the IS/MND and approved an MMRP for the project; and WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based is the Community Development Department; and WHEREAS, as required by San Rafael Municipal Code Sections 14.07.090 and 14.27.060, the City Council makes the following findings in support of an ordinance to rezone the property from Planned District – Hillside Development Overlay District (PD-H) and Residential – Hillside Development Overlay District (R2a-H) to Planned Development District (PD), as shown on the map contained in Exhibit A and further described in Exhibit C, and to establish a new PD District as outlined in Exhibit B (The Neighborhood at Los Gamos): 1. The Development Plan is consistent in principle with the San Rafael General Plan 2040 and other applicable City plans or policies in that the project includes appropriate development standards, and is subject to an Environmental and Design Review Permit implementing the intent of Chapter 14.25 (Environmental and Design Review Permit) of the San Rafael Zoning Ordinance (Title 14 of the San Rafael Municipal Code), Subdivision Ordinance (Title 15 of San Rafael Municipal Code), and the applicable General Plan land use policies, as described 3 in the General Plan Consistency Analysis included herein by reference as Exhibit D. 2. The applicant proposes to add 192 units of new residential development, including 20 below market rate (BMR) units, which will help serve to accommodate the projected need for 1,007 additional housing units in the City by the year 2023. The 4 and 5-story mixed-use development creates a reasonable transition between the existing residential properties south and west of the site and the commercial properties southeast, northeast and across the 101 Freeway to the east. Further, the development plan has been reviewed and recommended for approval by the Design Review Board. 3. The local utility agencies have reviewed the plans and confirmed that the proposed development can be served by public facilities such as sewer, water, refuse services and other infrastructure resources that currently serve the existing development adjacent to the site. 4. The applicant has accepted the City’s direction to use the Neighborhood Commercial Mixed Use (NCMU) property development standards for the new PD zoning, as this General Plan Land Use designation most closely approximates the proposed property development standards. The proposed new development has been designed to comply with the applicable NCMU property development standards, with the exception of the Waiver requested for height and the Concession for commercial parking as provided by State Density Bonus Law, and the proposed project is not requesting any other deviations (Variances) from land use regulations. 5. The auto, bicycle and pedestrian traffic systems presented on the Development Plan are adequately designed for circulation needs and public safety in that: a) the Development Plan proposes sidewalks throughout the development for pedestrian access; b) emergency vehicle ingress and egress from the development would be provided through the existing portion of Los Gamos Drive that provides access to the site; and c) the access and site layout have been reviewed by the appropriate City departments and have been found to be adequate by the City of San Rafael Fire and Police Departments. 6. The public health, safety and welfare are served by the adoption of the proposed PD District, in that the project as proposed and conditioned: a) would implement housing and environmental goals and policies adopted for this site in the San Rafael General Plan 2040; b) would conform to City standards for safety; c) as proposed, and conditioned, it would be consistent with the recommended mitigation measures presented in the Initial Study/Mitigated Negative Declaration prepared for this project; and d) would address potential project impacts to Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Hydrology and Water Quality, and Tribal Cultural Resources the inclusion of' conditions of approval, including the Mitigation Monitoring and Reporting Program, and Environmental and Design Review Permit. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY ORDAIN AS FOLLOWS: DIVISION 1. The Zoning Map of the City of San Rafael, California, adopted by reference by Section 14.01.020 of the San Rafael Municipal Code is amended by reclassifying the following real property from Planned District – Hillside Development Overlay District (PD-H) and Residential – Hillside Development Overlay District (R2a-H) to Planned Development District (PD) – Ordinance No. 2003. Said property so reclassified is located at the southerly terminus of Los Gamos Drive, San Rafael, as shown on County Assessor’s 4 Parcel No’s: 165-220-06 AND 165-220-07, as shown on the map attached as Exhibit “A” and described in Exhibit “C”, which are incorporated by reference. DIVISION 2. Any development of this property shall be subject to the conditions outlined in Exhibit “B”, The Neighborhood at Los Gamos – Planned Development District, which is attached hereto and made a part hereof. DIVISION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, or phrase be declared invalid. DIVISION 4. A summary of this ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which it is adopted. This ordinance shall be in full force and effect thirty (30) days after its final passage, and the summary of this ordinance shall be published within fifteen (15) days after the adoption, together with the names of those Councilmembers voting for or against same, in the Marin Independent Journal, a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California. Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk, a certified copy of the full text of this ordinance along with the names of those Councilmembers voting for or against the ordinance. KATE COLIN, Mayor ATTEST: LINDSAY LARA, City Clerk The foregoing Ordinance No. 2003 was introduced at a Regular Meeting of the City Council of the City of San Rafael, held on the 7th day of February 2022 and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 5 and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on the 22nd day of February 2022. LINDSAY LARA, City Clerk Exhibit A: Zone Change Map Exhibit B: Planned Development District Standards Exhibit C: Legal Property Description Exhibit D: General Plan Consistency Analysis Exhibit A REZONING MAP APN 165-220-006 APN 165-220-007 PD Rezoning to create a new PD for these two properties for The Neighborhood at Los Gamos (near the southerly terminus of Los Gamos Drive) EXHIBIT B THE NEIGHBORHOOD AT LOS GAMOS – PLANNED DEVELOPMENT DISTRICT 1. PURPOSE OF PLANNED DEVELOPMENT DISTRICT The purpose of the Planned Development District for the mixed-use project known as The Neighborhood at Los Gamos is to regulate the development on the 10.24 acre site. 2. LAND USE REGULATIONS a) This PD permits the following site characteristics: • 192 residences; • a 5,574 square-foot market; • a 5,003 square foot community center; • 225 parking spaces; • the South Park recreational and open space area; • The Commons recreational and open space area; and • landscaping, roadways, recreational features and other improvements. b) Land uses permitted on the property shall be those described in the staff report dated February 7, 2022, and shown on the plans considered by the City Council on that date or any other use permitted as a matter of right in the Neighborhood Commercial zoning district pursuant to San Rafael Municipal Code (SRMC) Section 14.05.020. Any other land uses will require application and review as a zoning amendment as provided by SRMC Section 14.07.150. c) Private Usable Open Space: Balconies provided for the units shall remain open and not be enclosed or otherwise screened with mesh or other materials. d) All site improvements shall be installed as shown on the approved plans. 3. DEVELOPMENT STANDARDS The Planned Development shall be developed in conformance with the approved development plans, associated drawings and reports submitted with the Planned Development as listed in Exhibit 6 to the Planning Commission staff report dated December 14, 2021. Deviations from those plans that are deemed minor or incidental by the Planning Director may be processed administratively. Exhibit C LEGAL DESCRIPTION The land referred to is situated in the County of Marin, City of San Rafael, State of California, and is described as follows: PARCEL ONE: BEGINNING at the most Southern corner of that certain parcel of land described in the Deed to Trans Western Title Company, a California corporation, recorded January 31, 1984 in Book 1775 of Official Records at Page 442; thence from said point of beginning, along the Western line of said Trans Western Title Parcel, North 01° 15' 00" East 290.00 feet, North 25°58' 00" East 235.00 feet, North 10° 26' 00" East 183.00 feet and North 02° 25' 00" West 37.085 feet to the Southwestern corner of Parcel One, as described in the Deed of Jack H. Bennett, recorded March 14, 1967 in Book 2114 of Official Records at Page 392; thence along the general Western line of said Parcel One North 2° 25' 00" West 290.915 feet, and North 34° 09' 00" West 387.00 feet; thence leaving said Western line North 85° 52' 37" West 140.00 feet; thence South 4° 07' 23" West 1298 feet more or less to a point in the boundary described in an agreement recorded March 1, 1951 in Book 681 of Official Records at Page 76; thence along said boundary South 63° 16' 30" East 256 feet more or less to an angle point therein which bears South 39° 03' 00" West from the point of beginning; thence continuing along said boundary line North 39° 03' 00 " East 135.00 feet, more or less, to the point of beginning. PARCEL TWO: AN EASEMENT for vehicular and pedestrian access and public utility services, including sewer service described as follows: BEGINNING at the Southwesterly corner of the land shown on that certain record of survey entitled, "Los Gamos Drive Extension", recorded in Book 6 at Page 8 of Official Surveys, Marin County Official Records, said point also being the intersection of the lines on said survey shown as South 87° 35' West 143.09 feet and North 2° 25' West 328.00 feet; thence from said point of beginning along the following courses and distances; South 2° 25' 00 " East 37.09 feet, thence South 10° 26' 00" West 2.99 feet, thence North 87° 35' 00" East 119.04 feet, thence North 4° 07' 23" East 40.26 feet, thence South 87° 35' 00" West 122.96 feet to the point of beginning. APN: 165-220-06 and 165-220-07. The Neighborhood at Los Gamos File #: GPA 20-001; ZC 20-002; ED 20-058 Southerly Terminus of Los Gamos Drive Title: General Plan 2040 Consistency Table Exhibit: B-1 Exhibit B TABLE ANALYZING PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2040 LAND USE ELEMENT LU-1.2: Development Timing. For health, safety, and general welfare reasons, new development should only occur when adequate infrastructure is available, consistent with the following findings: a) The project is consistent with adopted Vehicle Miles Traveled (VMT) standards, as well as the requirements for Level of Service (LOS) specified in the Mobility Element. b) Planned circulation improvements necessary to meet City standards for the project have funding commitments and completed environmental review. c) Water, sanitary sewer, storm sewer, and other infrastructure improvements needed to serve the proposed development have been evaluated and confirmed to be in place or to be available to serve the development by the time it is constructed. d) The project has incorporated design and construction measures to adequately mitigate exposure to hazards, including flooding, sea level rise, and wildfire. Consistent with Conditions The project proposes development on a vacant site. The quasi-governmental agencies that would provide water and sewer service to the site have reviewed the proposed project and determined that there is adequate capacity to service the new project. Marin Municipal Water District (MMWD) has indicated that a pipeline extension is required to serve the site. This requirement has been added to the conditions of approval. Las Gallinas Valley Sanitation District (LGVSD) has determined that they can serve the project subject to several conditions which have been added to the conditions of approval. The City Traffic Engineer has reviewed the project and the Traffic Impact Study prepared by W- Trans. The City Traffic Engineer concurs that this project would generate 78 additional a.m. and 102 additional p.m. peak hour vehicular trips. The City Traffic Engineer concurs with the conclusion made in the Traffic Impact Study that the project would have a less-than-significant impact for LOS levels at the studied intersections and below the VMT significance thresholds. The project is conditioned on the payment of traffic mitigation fees based on the 180 total new a.m./p.m. peak hour vehicle trips that would be generated by the project. The analysis in the Mitigated Negative Declaration (MND) determined that the project was not subject to flood hazard. The project incorporates a Vegetation Management Plan and a fuel break buffer around the proposed development to reduce risk of uncontrolled wildfire spread. In addition, the project would be constructed pursuant to City of San Rafael development standards for new construction, including installation of fire sprinklers and fire-retardant building materials. Since the project is 30 to 200 feet above sea level, it is not expected to be subject to sea level rise. LU-1.8: Density of Residential Development. Use the density ranges in the Land Use Element to determine the number of housing units allowed on properties within the Planning Area. The following provisions apply: a) The density “range” includes a maximum and minimum. A given General Plan designation may have multiple corresponding zoning districts, including at least one district in which the maximum density may Consistent The project proposes to construct 192 dwelling units on the 10.24 acre site, for a density of 18.75 units per acre; therefore, it would not exceed the maximum density allowed in the Neighborhood Commercial Mixed Use Land Use category where up to 24.2 units per acre are allowed. The applicant has proposed that 10% of the units be affordable at the Low Income Level. As an affordable housing project, the project is eligible for a Density Bonus under State law. The The Neighborhood at Los Gamos File #: GPA 20-001; ZC 20-002; ED 20-058 Southerly Terminus of Los Gamos Drive Title: General Plan 2040 Consistency Table Exhibit: B-2 be achieved. Other zoning districts may have maximum densities that are less than the maximum indicated by the General Plan. b) Calculation of allowable units shall be rounded to the nearest whole number. Where the number is less than 0.5, it shall be rounded down. Where the number is 0.5 or greater, it may be rounded up. c) The number of units permitted on a given parcel may be affected by site resources and constraints, potentially hazardous conditions, climate-related factors (sea level rise, fire hazards, etc.), traffic and access (including wildfire evacuation constraints), the adequacy of infrastructure, City design policies, and prevailing densities in adjacent areas. d) The maximum net density shown on the General Plan excludes density bonuses that may be provided for affordable housing or other community benefits, in accordance with State law and local policies. applicant has applied for a density bonus of 0, in that no increase in the number of units is proposed, but the application is accompanied by a request for a Waiver of the height limit of 30’ and a Concession to allow reduced parking for the project. Both the Waiver and the Concession are allowed pursuant to State Density Bonus Law. LU-1.9: Clustering. Allow clustering of development as a way to conserve environmentally sensitive or hazardous portions of a site (such as unstable slopes or flood plains) and enhance wildlife corridors. In such instances, the density calculation shall be made based on the area of the entire site (minus streets and easements), with the resulting number of units transferred to the less sensitive areas. The result would be a denser housing product on a portion of the site, with the balance conserved as open space. Consistent The project clusters the structures on the site in a way that minimizes the grading and preserves more of the existing vegetation including a majority of the mature trees. It also allows to the use of the South Park area, just over an acre in size, as a significant recreational amenity on the property. This area will include both natural open space and improvements including paths and children’s play structures. LU-1.10: Intensity of Non-Residential Development. Use the Floor Area Ratio limits on Figure 3-2 to determine the square footage of building space allowed on properties with non-residential General Plan designations. The following provisions apply: a) As with density, FAR is calculated on a “net” basis, and is based on the area of each parcel excluding streets and easements. b) The maximum FAR stated by the General Plan is not guaranteed. The square footage permitted on a given Consistent The project proposes a commercial use that conforms to the maximum FAR of 0.01. The Neighborhood at Los Gamos File #: GPA 20-001; ZC 20-002; ED 20-058 Southerly Terminus of Los Gamos Drive Title: General Plan 2040 Consistency Table Exhibit: B-3 parcel may be affected by site resources and constraints, potentially hazardous conditions, climate-related factors (sea level rise, fire hazards, etc.), traffic and access (including wildfire evacuation constraints), the adequacy of infrastructure, and City design policies. c) The maximum FARs shown in Figure 3-2 exclude any residential development on the property. In the event that residential uses or mixed use projects are proposed on these sites, the maximum area is the sum of the FAR allowance plus the residential density allowance for the property. This Clause does not apply to Downtown San Rafael, which is regulated by the Downtown Precise Plan. LU-1.15: Planned Development Zoning. Encourage the use of Planned Development (PD) zoning for development on parcels greater than five acres when the application of traditional zoning standards would make it more difficult to achieve General Plan goals. The PD zoning designation allows flexible design standards that are more responsive to site conditions as well as the transfer of allowable General Plan and zoning density between contiguous sites under common ownership. Consistent The project proposes Planned Development zoning on a site larger than 5 acres. LU-1.17: Building Heights. Use General Plan Figures 3-3 and 3-4 as the basis for determining “baseline” maximum building heights in San Rafael. Maximum heights should continue to be codified through zoning and any applicable Specific Plans or Precise Plans. In addition, the following specific provisions related to building heights shall apply: a) Height of buildings existing or approved as of January 1, 1987 shall be considered as conforming to zoning standards. b) Hotels outside of the Downtown Precise Plan boundary have a 54-foot height limit. Within Downtown, the height provisions of the Downtown Precise Plan apply (see Figure 3-4). c) As provided for by Policy LU-1.18, “baseline” building heights are subject to height bonuses where specific Consistent with Waiver per State Density Bonus Law Although the project would exceed the maximum building height of 30 feet allowed for this area of San Rafael, the project has applied for a Density Bonus and a waiver from the height limit as permitted under State Density Bonus law, so the General Plan standard has been superseded by State law. The Neighborhood at Los Gamos File #: GPA 20-001; ZC 20-002; ED 20-058 Southerly Terminus of Los Gamos Drive Title: General Plan 2040 Consistency Table Exhibit: B-4 community benefits are provided, where a Variance or zoning exception is granted, or where a Transfer of Development Rights (TDR) is being implemented. d) Heights may be increased by up to six (6) feet above the baseline building heights as necessary to mitigate the exposure of properties to sea level rise and other flooding hazards (e.g., raising the first floor of habitable floor space above anticipated tidal flood elevations). LU-2.2: Mixed Use Development. Encourage mixed-use development (combining housing and commercial uses) in Downtown San Rafael and on commercially designated properties elsewhere in the city. Mixed-use development should enhance its surroundings and be compatible with adjacent properties. Consistent The project is a mixed-use development with both residences and commercial uses. LU-3.3: Housing Mix. Encourage a diverse mix of housing choices in terms of affordability, unit type, and size, including opportunities for both renters and owners. Consistent The project proposes apartments, including 10% of the units affordable at the Low Income level. COMMUNITY DESIGN AND PRESERVATION ELEMENT CDP-1.3: Hillside Protection. Protect the visual integrity and character of San Rafael’s hillsides and ridgelines. Where hillside construction is permitted, structures should be designed to provide slope and foundation stability, erosion control, and adequate emergency access, drainage and parking. Hillside buildings should be sited to protect the natural landscape, avoid excessive tree loss, and preserve scenic vistas from public vantage points. Consistent with Conditions The project has been designed according to the Hillside Design Guidelines by utilizing clustering, the use of stepbacks for the walls of the structures, the use of tuck-under parking, and the use of materials and colors that help the buildings blend into the appearance of the hillside. The project has been reviewed by the Design Review Board. Recommendations from the Board for project design improvements have been incorporated into the conditions of approval. CDP-4.2: Public Involvement in Design Review. Provide for public involvement in design review through effective noticing, adequate comment timelines, and clear project review opportunities, while still achieving development streamlining objectives. Consistent The project has been reviewed by the Design Review Board and found, as conditioned, to be consistent with the applicable design policies of the General Plan and the City’s Multi-family Design Guidelines. All public hearings have been, or will be, properly noticed as required by the Zoning Ordinance. In addition, the project applicant conducted a neighborhood outreach meeting on September 30, 2021, that was attended by members of the public. The Neighborhood at Los Gamos File #: GPA 20-001; ZC 20-002; ED 20-058 Southerly Terminus of Los Gamos Drive Title: General Plan 2040 Consistency Table Exhibit: B-5 CDP-4.5: Higher Density Design. Encourage high-quality architecture and landscape design in new higher-density housing and mixed-use projects. Such projects should be designed to be compatible with nearby buildings and respect the character-defining features of the surrounding neighborhood or district. Consistent with Conditions This mixed-use project has been reviewed by the Design Review Board and found, as conditioned, to be consistent with the applicable design policies of the General Plan and the City’s Multi-family Design Guidelines and utilizes high-quality architecture and landscape design. CDP-4.6: Open Space in Multi-Family Housing. Require private outdoor areas such as decks and patios, as well as common open space areas, in new multi-family development and mixed use housing. Common open space may include recreation facilities, gathering places, and site amenities such as picnic and play areas. Consistent The project provides both private open space for each unit and large common open space areas, including the South Park area of approximately 1 acre and the Commons area, approximately 10,000 square feet of recreational area above and beside the market/community center that includes seating, a water feature, a children’s play area and other recreational amenities. Each of the common areas are easily accessible to the residents. CDP-4.7: Larger-Scale Buildings. Design larger scale buildings to reduce their perceived mass. Encourage the incorporation of architectural elements such as towers, arcades, courtyards, and awnings to create visual interest, provide protection from the elements, and enhance orientation. Consistent with Conditions The project is broken into five apartment buildings and one dual-use building, reducing the mass of each building. The buildings use articulation of building form, and are set into the hill such that the perceived mass is reduced. The proposed materials and colors will also help reduce the perceived mass of the buildings. As mentioned, the Design Review Board recommended approval of the project with recommendations for design improvements which have been incorporated into the conditions of approval. CDP-4.9: Parking and Driveways. Encourage parking and circulation design that supports pedestrian movement and ensures the safety of all travelers, including locating parking to the side or rear of buildings, limiting driveway cuts and widths, and minimizing large expanses of pavement. Parking should be screened from the street by landscaping and should provide easy access to building entrances. Consistent The parking areas are completely screened from off-site views because they are either tucked under the buildings or they are blocked from view by the proposed buildings and landscaping. A system of sidewalks connects the buildings to each other and to the common open space areas, promoting pedestrian access throughout the site. The project has a relatively small amount of surface parking with only 42 spaces not located beneath the buildings. The location of the majority of the parking beneath the buildings gives easy access to the buildings. CDP-4.10: Landscape Design. Encourage—and where appropriate require—privately owned and maintained landscaping that conserves water, contributes to neighborhood quality, complements building forms and materials, improves stormwater management and drainage, and enhances the streetscape. Natural elements such as plants should be an integral part of site development and should enhance the built environment while supporting water conservation goals. Consistent with Conditions The project has an extensive landscape palette that relies on low-water using plants, including many California natives, creating an attractive and sustainable plan. Of the 285 existing trees on the property, 55 will be removed; the majority of the existing mature trees are preserved. An additional 210 trees, including oak species, will be planted on the property. As mentioned, the Design Review Board reviewed the project design, including the landscaping plans, and recommended approval of the project with recommendations for design improvements which have been incorporated into the conditions of approval. The Neighborhood at Los Gamos File #: GPA 20-001; ZC 20-002; ED 20-058 Southerly Terminus of Los Gamos Drive Title: General Plan 2040 Consistency Table Exhibit: B-6 CDP-4.11: Lighting. Encourage lighting for safety and security while preventing excessive light spillover and glare. Lighting should complement building and landscape design. Consistent with Conditions The project design includes a total of 26 new light poles, from 14-16 feet tall, along the internal driveway system, 86 small light bollards mostly concentrated in the area of the market/community center, and 24 other small light fixtures in various locations. A photometric plan was submitted and reviewed by the Design Review Board and recommended for approval. Proposed lighting will have to meet the standards of SRMC Section 14.16.227, Light and Glare. In addition, Mitigation Measure AES-1 requires the project to conduct a post-installation lighting study showing that the lighting on the site complies with the plan and the requirements of the Municipal Code. As conditioned, the project will have adequate lighting without spillover onto adjacent properties or natural areas. CONSERVATION AND CLIMATE CHANGE ELEMENT C-1.6: Creek Protection. Protect and conserve creeks as an important part of San Rafael’s identity, natural environment, and green infrastructure. Except for specific access points approved per Policy C-1.7 (Public Access to Creeks), development-free setbacks shall be required along perennial and intermittent creeks (as shown on www.marinmaps.org) to help maintain their function and habitat value. Appropriate erosion control and habitat restoration measures are encouraged within the setbacks, and roadway crossings are permitted. Consistent There is an existing drainageway crossing west to east near the middle of the site. The new buildings have been sited north of the drainageway. A bridge is proposed to span the drainageway to provide pedestrian access from the new apartments to the South Park recreational and open space area south of the new buildings. The bridge is designed to preserve the existing drainageway by providing a 25’ setback of all structures, including bridge footings, from the top of the drainage on either side. C-1.10: Hillside Preservation. Encourage preservation of hillsides, ridgelines, and other open areas that serve as habitat and erosion protection as well as visual backdrops to urban areas. Consistent The project is located below the ridgeline west of the site and utilizes clustering to minimize the amount of grading and impacts to existing vegetation. The majority of the existing trees on the site would be preserved. C-1.12: Native or Sensitive Habitats. Protect habitats that are sensitive, rare, declining, unique, or represent a valuable biological resource. Potential impacts to such habitats should be minimized through compliance with applicable laws and regulations, including biological resource surveys, reduction of noise and light impacts, restricted use of toxic pesticides, pollution and trash control, and similar measures. Consistent with Mitigation As documented in the Mitigated Negative Declaration, Section IV Biological Resources, “no federal or state listed (plant) species were observed or are expected to occur” on the site; one rare plant has “moderate potential to occur”; 16 of 17 “special status wildlife species were considered to have no potential to occur” and the other species had “low potential to occur”; and because the site has many mature trees, there is potential to impact nesting birds. Mitigation Measure BIO-1 is included in the Mitigated Negative Declaration and the conditions of approval and will ensure that rare or protected plants and nesting birds are not impacted by site development. C-1.13: Special Status Species. Conserve and protect special status plants and animals, including those listed by State or federal agencies as threatened and/or Consistent with Mitigation See discussion in C-1.12 above. The Neighborhood at Los Gamos File #: GPA 20-001; ZC 20-002; ED 20-058 Southerly Terminus of Los Gamos Drive Title: General Plan 2040 Consistency Table Exhibit: B-7 endangered, those considered to be candidate species for listing by state and federal agencies, and other species that have been assigned special status by the California Native Plant Society and the California Fish and Game Code. Avoidance of impacts, accompanied by habitat restoration, is the preferred approach to conservation, but mitigation measures may be considered when avoidance is not possible. C-1.15: Landscaping with Appropriate Naturalized Plant Species. Encourage landscaping with native and compatible non-native plant species that are appropriate for the dry summer climate of the Bay Area, with an emphasis on species determined to be drought-resistant. Diversity of plant species is a priority for habitat resilience. Consistent The proposed landscape plant species were reviewed by the Design Review Board to ensure appropriate species were proposed. C-1.16: Urban Forestry. Protect, maintain, and expand San Rafael’s tree canopy. Trees create shade, reduce energy costs, absorb runoff, support wildlife, create natural beauty, and absorb carbon, making them an essential and valued part of the city’s landscape and strategy to address global climate change. Tree planting and preservation should be coordinated with programs to reduce fire hazards, reduce greenhouse gas emissions, expand solar opportunities, and ensure public safety, resulting in a community that is both green and fire-safe. Consistent Of the 285 existing mature trees on the property, 230 will be preserved and another 210 trees will be planted. Many of the existing trees are oak species and oaks are also proposed as part of the new landscape plan. C-2.2: Land Use Compatibility and Building Standards. Consider air quality conditions and the potential for adverse health impacts when making land use and development decisions. Buffering, landscaping, setback standards, filters, insulation and sealing, home HVAC measures, and similar measures should be used to minimize future health hazards. Consistent with Mitigation As described in the Mitigated Negative Declaration, Section III Air Quality, Air Quality impacts during temporary construction and grading activities required by the project would result in less-than-significant impacts with mitigation measures. In addition, the project would result in less-than-significant impacts with mitigation measures to minimize long-term increased cancer risk to new project occupants from exposure to small particulate matter (PM2.5). The required Air Quality mitigation measures (AQ-1, AQ-2), which include requirements for enhanced air filtration systems in the project and methods to reduce dust creation during construction, are included in the Mitigated Negative Declaration and the conditions of approval. C-2.4: Particulate Matter Pollution Reduction. Promote the reduction of particulate matter from roads, parking lots, construction sites, agricultural lands, wildfires, and other sources. Consistent with Mitigation Mitigation Measure AQ-1 includes dust-control techniques to control dust and exhaust during construction. The Neighborhood at Los Gamos File #: GPA 20-001; ZC 20-002; ED 20-058 Southerly Terminus of Los Gamos Drive Title: General Plan 2040 Consistency Table Exhibit: B-8 C-3.1: Water Quality Standards. Continue to comply with local, state and federal water quality standards. Consistent with Mitigation As described in the Mitigated Negative Declaration, Section X, Hydrology and Water Quality, Mitigation Measure HYDRO-1 requires the applicant to prepare a Storm Water Pollution Prevention Plan (SWPPP) and implement stormwater control measures such as Low Impact Development (LID) and Best Management Practices (BMP’s) per the City’s Manual of Stormwater Pollution Control Standards for New Development and Redevelopment. In addition, Mitigation Measure HYDRO-1 requires the project “applicant to verify that operational stormwater quality control measures…have been implemented.” These measures will ensure that less-than-significant impacts to water quality will occur. C-3.2: Reduce Pollution from Urban Runoff. Require Best Management Practices (BMPs) to reduce pollutants discharged to storm drains and waterways. Typical BMPs include reducing impervious surface coverage, requiring site plans that minimize grading and disturbance of creeks and natural drainage patterns, and using vegetation and bioswales to absorb and filter runoff. Consistent with Mitigation See C-3.1 above. C-3.3: Low Impact Development. Encourage construction and design methods that retain stormwater on-site and reduce runoff to storm drains and creeks. Consistent with Mitigation See C-3.1 above. In addition, as described in the Mitigated Negative Declaration, Section X, Hydrology and Water Quality, the project includes stormwater management features such as bioretention areas which have been designed to account for enough storage volume to attenuate peak flows on and from the site. These features and the implementation of Mitigation Measures HYDRO-1 and HYDRO-2 ensure that the project would not result in on- or off-site flooding. C-3.9: Water-Efficient Landscaping. Encourage—and where appropriate require—the use of vegetation and water-efficient landscaping that is naturalized to the San Francisco Bay region and compatible with water conservation, fire prevention and climate resilience goals. Consistent The proposed landscape plan was reviewed by the Design Review Board to ensure that the landscaping incorporated appropriate water-efficient features. C-4.1: Renewable Energy. Support increased use of renewable energy and remove obstacles to its use. Consistent The project proposes the installation of photovoltaic panels on the roofs of the apartment buildings to reduce the use of non-renewable energy sources. C-4.2: Energy Conservation. Support construction methods, building materials, and home improvements that improve energy efficiency in existing and new construction Consistent The project will comply with the most recently adopted California Building Code (CBC) CalGreen and Title-24 Energy regulations. C-4.5: Resource Efficiency in Site Development. Encourage site planning and development practices that Consistent The Neighborhood at Los Gamos File #: GPA 20-001; ZC 20-002; ED 20-058 Southerly Terminus of Los Gamos Drive Title: General Plan 2040 Consistency Table Exhibit: B-9 reduce energy demand and incorporate resource- and energy-efficient infrastructure. The mixed-use nature of the project is more energy efficient than tradition development patterns. The inclusion of a grocery store encourages residents to walk to the store. The project also incorporates rooftop solar panels. PARKS, RECREATION AND OPEN SPACE ELEMENT PROS-1.13: Recreational Facilities in Development Projects. Encourage, and where appropriate require, the construction of on-site recreational facilities in multi- family, mixed use, and office projects to supplement the facilities available in City parks. Consistent The project includes substantial recreational amenities such as: 1) the South Park area of nearly an acre with both natural open space and improvements including children’s play structures; 2) the Village Commons area totaling approximately 10,000 square feet with both children’s play areas and passive recreational features for adults; and 3) the 5,003 square-foot community room above the grocery store. PROS-3.5: Private Open Space. Ensure the long-term stewardship of privately-owned open space in a manner that conserves natural resource and aesthetic values, sustains wildlife, and reduces hazards to life and property. Opportunities to better integrate common open space in private development with public open space space (via trails, etc.) should be encouraged. Consistent The project design preserves almost half the site (4.83 acres) as undisturbed open space. The majority of the existing trees will be preserved. The South Park area includes a substantial proportion of natural hillside made accessible with pedestrian paths. SAFETY AND RESILIENCE ELEMENT S-1.2: Location of Future Development. Permit development only in those areas where potential danger to the health, safety, and welfare of the community can be adequately mitigated. Land uses and densities should take environmental hazards such as earthquakes, flooding, slope stability, sea level rise, and wildfires into consideration. Consistent with Mitigation As documented in the Mitigated Negative Declaration Section VII, Geology and Soils, reports from Miller Pacific Engineering Group (MPEG) and Salem Howes Associates Inc. evaluated the potential for project impacts related to geologic hazards. The reports determined that no active faults crossed the site and that the site was in an area with low liquefaction potential. Since the site is in an area potentially subject to strong ground shaking during an earthquake, Mitigation Measure GEO-1 requires the preparation of a design-level geotechnical investigation. To address the potential for landslide impacts and soil instability, Mitigation Measure GEO-2 requires the preparation of a final geotechnical report. With the implementation of these Mitigation Measures, potential impacts related to earthquakes and slope stability will be reduced to less-than-significant levels. See LU-1.2 for a discussion of flood, sea level rise and wildfire hazards. S-2.1: Seismic Safety of New Buildings. Design and construct all new buildings to resist stresses produced by earthquakes. The minimum level of seismic design shall be in accordance with the most recently adopted building code as required by State law. Consistent with Mitigation See S-1.2 above. The Neighborhood at Los Gamos File #: GPA 20-001; ZC 20-002; ED 20-058 Southerly Terminus of Los Gamos Drive Title: General Plan 2040 Consistency Table Exhibit: B-10 S-2.2: Minimize the Potential Effects of Landslides. Development proposed in areas with existing or potential landslides (as identified by a Certified Engineering Geologist, Registered Geotechnical Engineer, or the LHMP) shall not be endangered by, or contribute to, hazardous conditions on the site or adjoining properties. Landslide mitigation should consider multiple options in order to reduce potential secondary impacts (loss of vegetation, site grading, traffic, visual). The City will only approve new development in areas of identified landslide hazard if the hazard can be appropriately mitigated, including erosion control and replacement of vegetation. Consistent with Mitigation See S-1.2 above. S-2.5: Erosion Control. Require appropriate control measures in areas susceptible to erosion, in conjunction with proposed development. Erosion control measures should incorporate best management practices (BMPs) and should be coordinated with requirements for on-site water retention, water quality improvements, and runoff control. Consistent with Mitigation See C-3.1 and C-3.3 above. In addition to the mitigation measures mentioned, Mitigation Measure GEO-3 requires the preparation of a site drainage system that includes setbacks from the drainageway. This is also described in C-1.6 above. Mitigation Measure GEO-3 also requires the preparation of an erosion control plan per the current guidelines of the California Stormwater Quality Association’s Best Management Practice Handbook. S-3.8: Storm Drainage Improvements. Require new development to mitigate potential increases in runoff through a combination of measures, including improvement of local storm drainage facilities. Other measures, such as the use of porous pavement, bioswales, and “green infrastructure” should be encouraged. Consistent with Mitigation See C-3.1 and C-3.3 above. S-4.3: New Development in Fire Hazard Areas. Design new development to minimize fire hazards. Densities, land uses, and site plans should reflect the level of wildfire risk and evacuation capacity at a given location. Consistent with Conditions The project incorporates a Vegetation Management Plan and a fuel break buffer around the proposed development to reduce risk of uncontrolled wildfire spread. In addition, the project would be constructed pursuant to City of San Rafael development standards for new construction, including installation of fire sprinklers and fire-retardant building materials. The project has been reviewed by the Fire Department and found to be in conformance with fire prevention standards and would not pose a risk to public safety or impact levels of service. NOISE ELEMENT N-1.1: Land Use Compatibility Standards for Noise. Protect people from excessive noise by applying noise standards in land use decisions. The Land Use Consistent with Conditions As documented in the Mitigated Negative Declaration Section XIII, Noise, the acoustical report prepared by Illingworth and Rodkin determined that the project would not generate new noise The Neighborhood at Los Gamos File #: GPA 20-001; ZC 20-002; ED 20-058 Southerly Terminus of Los Gamos Drive Title: General Plan 2040 Consistency Table Exhibit: B-11 Compatibility standards in Table 9-2 are adopted by reference as part of this General Plan and shall be applied in the determination of appropriate land uses in different ambient noise environments. that would create significant impacts to existing residents. Modern construction techniques, including the use of forced-air mechanical ventilation, and adherence to the standards of the Building Code will ensure that the project complies with noise levels found in the General Plan and the Municipal Code. N-1.2: Maintaining Acceptable Noise Levels. Use the following performance standards to maintain an acceptable noise environment in San Rafael: (a) New development shall not increase noise levels by more than 3 dB Ldn in a residential area, or by more than 5 dB Ldn in a non-residential area. (b) New development shall not cause noise levels to increase above the “normally acceptable” levels shown in Table 9-2. (c) For larger projects, the noise levels in (a) and (b) should include any noise that would be generated by additional traffic associated with the new development. (d) Projects that exceed the thresholds above may be permitted if an acoustical study determines that there are mitigating circumstances (such as higher existing noise levels) and nearby uses will not be adversely affected. Consistent with Conditions As documented in the Mitigated Negative Declaration Section XIII, Noise, the project would not generate new noise that would create significant impacts to existing residents. In addition, construction best management practices recommended by the report from Illingworth and Rodkin have been included in the conditions of approval and will ensure that noise generated during construction will generate less-than-significant impacts. N-1.3: Reducing Noise Through Planning and Design. Use a range of design, construction, site planning, and operational measures to reduce potential noise impacts. Consistent with Conditions See N-1.2 above. N-1.5: Mixed Use. Mitigate the potential for noise-related conflicts in mixed use development combining residential and nonresidential uses. Consistent The proposed grocery store is a compatible land use with the residences and is not expected to be a source of significant noise. N-1.9: Maintaining Peace and Quiet. Minimize noise conflicts resulting from everyday activities such as construction, sirens, yard equipment, business operations, night-time sporting events, and domestic activities. Consistent with Conditions See N-1.2 above. MOBILITY ELEMENT M-2.5: Traffic Level of Service. Maintain traffic Level of Service (LOS) standards that ensure an efficient roadway network and provide a consistent basis for evaluating the Consistent As documented in the Mitigated Negative Declaration Section XVII Transportation, the project would not exceed the acceptable level of service standards (LOS), LOS D or better, for nearby The Neighborhood at Los Gamos File #: GPA 20-001; ZC 20-002; ED 20-058 Southerly Terminus of Los Gamos Drive Title: General Plan 2040 Consistency Table Exhibit: B-12 transportation effects of proposed development projects on local roadways. These standards shall generally be based on the performance of signalized intersections during the AM and PM peak hours. Arterial LOS standards may be used in lieu of (or in addition to) intersection LOS standards in cases where intersection spacing and road design characteristics make arterial LOS a more reliable and effective tool for predicting future impacts. intersections. “Upon the addition of project-generated traffic to Existing volumes, all intersections are expected to continue operating acceptably. Under the anticipated Future volumes, all four study intersections are expected to operate acceptably at LOS D or better during both peak hours and would be expected to continue doing so upon the addition of project generated traffic. This is considered a less than significant impact.” M-2.6: Traffic Mitigation Fees. Collect impact fees for new development based on the expected number of trips a project will generate. Fees should be used to implement transportation improvements as directed by City Council resolution. Consistent with Conditions The project is required to pay traffic mitigation fees totaling $764,280 ($4,246 x 180) for the 78 net new peak AM and 102 net new peak PM trips. M-2.8: Emergency Access. Identify alternate ingress and egress routes (and modes of travel) for areas with the potential to be cut off during a flood, earthquake, wildfire, or similar disaster. Consistent The project has been reviewed by the Fire and Police Departments and they have determined that the project would maintain adequate access for emergency services. M-3.2: Using VMT in Environmental Review. Require an analysis of projected Vehicle Miles Traveled (VMT) as part of the environmental review process for projects with the potential to significantly increase VMT. As appropriate, this shall include transportation projects and land use/policy plans as well as proposed development projects. Consistent As documented in the Mitigated Negative Declaration, Section XVII Transportation, “the project’s proposed density and provision of onsite affordable housing would reduce its per capita VMT by 12 percent, thereby resulting in a project-specific rate of 8.4 VMT per capita. This is below the applied VMT significance threshold of 11.3 VMT per capita. Accordingly, the residential component of the project as proposed would be expected to result in a less-than- significant VMT impact.” “The project also includes an on-site 5,000 square-foot market available to the public and 5,000 square-foot community center. Based on guidance from the OPR Technical Advisory, local- serving retail such as this can generally be presumed to have a less-than-significant impact on VMT. This presumption is readily validated by the fact that customers of the market and community center will include on-site residents who would not generate VMT when patronizing the market, as well as residents and employees in surrounding areas that would otherwise need to travel a longer distance, mostly by vehicle, to visit a competing retail use. The market and community center would therefore be expected to result in a less-than- significant VMT impact.” M-6.1: Encouraging Walking and Cycling. Wherever feasible, encourage walking and cycling as the travel mode of choice for short trips, such as trips to school, parks, transit stops, and neighborhood services. Safe, walkable neighborhoods with pleasant, attractive streets, Consistent The mixed-use character of the project encourages residents to walk to the proposed grocery store. The Village Commons and South Park recreational areas are easily accessible to pedestrians. The project is located close to a major highway and is within walking distance of nearby transit stops. The Neighborhood at Los Gamos File #: GPA 20-001; ZC 20-002; ED 20-058 Southerly Terminus of Los Gamos Drive Title: General Plan 2040 Consistency Table Exhibit: B-13 bike lanes, public stairways, paths, and sidewalks should be part of San Rafael’s identity. COMMUNITY SERVICES AND INFRASTRUCTURE ELEMENT CSI-4.2: Adequacy of City Infrastructure and Services. As part of the development review process, require applicants to demonstrate that their projects can be adequately served by the City’s infrastructure. All new infrastructure shall be planned and designed to meet the engineering and safety standards of the City as well as various local service and utility providers. Consistent See LU-1.2 above. The appropriate utility agencies have reviewed the project and determined that the property can be adequately served with appropriate system upgrades, which have been incorporated into the conditions of approval. EQUITY DIVERSITY AND INCLUSION ELEMENT EDI-2.1: Neighborhood Design for Active Living. Improve the design of San Rafael’s neighborhoods to promote physical activity for all residents, including opportunities for safe walking and cycling, and walkable access to goods and services. Consistent The mixed-use character of the project promotes pedestrian access to the grocery store and the many recreational features of the project including the South Park area and the Village Commons. EDI-2.2: Safe Space for Physical Activity. Provide safe physical spaces for children and families to play and be physically active in all neighborhoods, particularly in the Canal area and other neighborhoods where many homes lack outdoor living space. Consistent The recreational features of the site are located well-away from public roads. The Village Commons is near the internal driveway but speeds will be low on that system. Final design features will include elements to separate children’s play areas from the driveway system. The South Park area is separated from the internal driveway but easily accessible by residents. EDI-3.2: Affordable Housing Development. Encourage the development of affordable rental housing to meet the needs of all San Rafael households. Consistent See H-18 below. HOUSING ELEMENT H-2: Design That Fits into the Neighborhood Context. Recognize that construction of new housing and improvements on existing properties can add to the appearance and value of the neighborhood if they fit into the established character of the area. Design new housing, remodels, and additions to be compatible to the surrounding neighborhood. Incorporate transitions in height and setbacks from adjacent properties to respect adjacent development character and privacy. Respect Consistent with Conditions Residential development is allowed on the site per the proposed Neighborhood Commercial Mixed-Use Land Use designation. The project is on a vacant hillside parcel adjacent to single- family development to the south and west. Commercial development to the north and east includes a YMCA gymnasium and a Kaiser Health facility. Hwy 101 is just east of the site. The Design Review Board recommended approval of the project design with recommendations for design improvements which have been incorporated into the conditions of approval. The Neighborhood at Los Gamos File #: GPA 20-001; ZC 20-002; ED 20-058 Southerly Terminus of Los Gamos Drive Title: General Plan 2040 Consistency Table Exhibit: B-14 existing landforms and minimize effects on adjacent properties. H-3: Public Information and Participation. Provide information on housing programs and related issues. Require and support public participation in the formulation and review of the City’s housing policy, including encouraging neighborhood involvement in development review. Work with community groups to advocate programs that will increase affordable housing supply and opportunities. Ensure appropriate and adequate involvement so that the design of new housing will strengthen the character and integrity of the neighborhood. Consistent See response in CDP-4.2 above. H-14: Adequate Sites. Maintain an adequate supply of land designated for all types of residential development to meet the housing needs of all economic segments in San Rafael. Within this total, the City shall also maintain a sufficient supply of land for multifamily housing to meet the quantified housing need of very low, low, and moderate income housing units. Encourage development of residential uses in commercial areas where the vitality of the area will not be adversely affected and the site or area will be enhanced by linking workers to jobs, and by providing shared use of the site or area. Consistent This is a mixed-use project that provides 192 units of housing on an in-fill site. It will help accommodate the projected need for 1,007 additional housing units in the City by the year 2023 (Regional Housing Needs Allocation, Page 62 of the Housing Element). A total of 20 of the units will be affordable at the Low Income Level. These would contribute to the City’s need for 148 low-income housing units by the year 2023. H-18: Inclusionary Housing Requirements. The City of San Rafael first adopted inclusionary requirements in the 1980’s. The City requires residential projects to provide a percentage of affordable units on site and/or pay in-lieu of fees for the development of affordable units in another location. The City’s program requires the units remain affordable for the longest feasible time, or at least 55 years. The City's primary intent is the construction of units on-site. The units should be of a similar mix and type to that of the development as a whole, and dispersed throughout the development. If this is not practical or not permitted by law, the City will consider other alternatives of equal value, such as in-lieu fees, construction of units off-site, donation of a portion of the property for future Consistent The project will provide 20 units affordable at the Low Income Level, consistent with the standards of the recently-adopted amendments to SRMC Section 14.16.030. The Neighborhood at Los Gamos File #: GPA 20-001; ZC 20-002; ED 20-058 Southerly Terminus of Los Gamos Drive Title: General Plan 2040 Consistency Table Exhibit: B-15 non-profit housing development, etc. Allow for flexibility in providing affordable units as long as the intent of this policy is met 1 RESOLUTION NO. 15031 RESOLUTION OF THE CITY OF SAN RAFAEL CITY COUNCIL CONDITIONALLY APPROVING A VESTING TENTATIVE PARCEL MAP AND ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED 20-058) FOR THE CONSTRUCTION OF A MIXED-USE PROJECT CONSISTING OF 192 RESIDENTIAL APARTMENT UNITS, A 5,600 SQUARE-FOOT MARKET, A 5,000 SQUARE FOOT COMMUNITY CENTER, AND 225 AT-GRADE AND SEMI- SUBTERRANEAN PARKING SPACES FOR THE 10.24 ACRE SITE LOCATED AT THE SOUTHERLY TERMINUS OF LOS GAMOS DRIVE NORTH OF OLEANDER DRIVE (THE NEIGHBORHOOD AT LOS GAMOS) (APNS: 165-220-06 AND 165-220-07) WHEREAS, on December 22, 2020, the applicants submitted applications for a General Plan Amendment (GPA 20-001) from Hillside Resource Residential to Neighborhood Commercial Mixed Use; Zone Change (ZC 20-002) from Planned District – Hillside Development Overlay District (PD-H) and Residential – Hillside Development Overlay District (R2a-H) to Planned Development District (PD); Vesting Tentative Parcel Map to combine and adjust the boundaries of the existing parcels; and Environmental and Design Review (ED 20-058) for a mixed-use project with 192 multi-family residential units; an approximately 5,600-square-foot market; a 5,000-square-foot community center; and 225 at- grade and semi-subterranean parking spaces; on a 10.24 acre site located at the southerly terminus of Los Gamos Drive north of Oleander Drive; and WHEREAS, the current zoning for the site does not allow the type of mixed-use development proposed and does not contain appropriate land use limitations and development standards, as required by Section 14.07.060 of the Zoning Ordinance; and WHEREAS, as required by the California Environmental Quality Act (CEQA) Guidelines, staff determined that the applications for a general plan amendment, zone change, vesting tentative parcel map, and environmental and design review permits, are a ‘project,’ making it subject to environmental review. Pursuant to CEQA Guidelines Section 15063, an Initial Study/Mitigated Negative Declaration (IS/MND) was prepared to determine the potential environmental impacts of the project. The IS/MND is supported by several technical studies including air quality, noise, geotechnical and traffic); and WHEREAS, as demonstrated in the preparation of the Initial Study/Mitigated Negative Declaration (IS/MND), all potentially significant effects on the environment identified in the IS/MND can be mitigated to less-than-significant levels with implementation of the recommended mitigation measures, including impacts to aesthetics, air quality, biologic resources, cultural and tribal resources, geology and soils, and hydrology and water quality consistent with CEQA Guidelines; and WHEREAS, consistent with the requirements of the CEQA Guidelines, a Mitigation Monitoring and Reporting Program (MMRP) has been prepared to ensure implementation of, and compliance with, all conditions required to mitigate any environmental impact to a level of less than significant. All the identified mitigation measures have also been included as conditions of project approval; and WHEREAS, on September 30, 2021, the applicant held a Neighborhood Meeting via zoom which was duly noticed to the residents and property owners within 300’ of the project site and notice of the meeting was also posted on the site; and WHEREAS, on October 5, 2021, the project was considered by the Design Review Board (DRB) which recommended approval of the project subject to conditions to reconsider a darker color palette for the walls of the structures, to try to provide a more natural and less formal arrangement of the proposed trees on the project, to mitigate the impact of the tall retaining walls in the Village Commons, and for the 2 project to come back for final review of the design details by the DRB when building permits were submitted; and WHEREAS, the applicant has agreed to all the recommended changes and they have been incorporated into the conditions of approval for the project; and WHEREAS, the project, including the Notice of Availability of the IS/MND, along with the planning applications, was publicly noticed 30 days in advance of the Planning Commission hearing, through the following means: 1) the subject site was posted; 2) publishing a legal ad in the Marin Independent Journal, a local newspaper of general circulation in the area, on November 1, 2021; and 3) notices were mailed to surrounding property owners within 300 feet, pertinent agencies (including responsible and trustee agencies), organizations and special interest groups in conformance with the CEQA Guidelines; and WHEREAS, on December 14, 2021, the Planning Commission held a duly-noticed public hearing on the proposed project to consider the IS/MND and MMRP, General Plan Amendment, Zone Change, Vesting Tentative Parcel Map, and Environmental Design Review Permits, accepting all oral and written public testimony and the written report of the Department of Community Development; and WHEREAS, on December 14, 2021, following a public hearing and deliberation on the project, the Planning Commission voted 5-0 (Commissioners Previtali and Mercado absent) to recommend approval of the Environmental and Design Review Permit (ED 20-058) and the Vesting Tentative Parcel Map applications to the City Council, subject to conditions of approval; and WHEREAS, on December 14, 2021, by adoption of separate resolutions, the Planning Commission recommended adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the project, the General Plan Amendment (GPA 20-001), and the PD Rezoning (ZC20-002) to allow for the proposed development as presented on the plans, with appropriate development regulations and land use limitations for the residential use; and WHEREAS, on February 7, 2022, by adoption of a separate resolution, the City Council adopted a Mitigated Negative Declaration and approved a Mitigation Monitoring; and WHEREAS, on February 7, 2022, the San Rafael City Council held a duly noticed public hearing to consider the General Plan Amendment (GPA 20-001), PD Rezoning (ZC20-002), Environmental and Design Review Permit (ED20- 058), and Vesting Tentative Parcel Map and accepted and considered all oral and written public testimony and the written report of Planning staff; and WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based is the Community Development Department. NOW THEREFORE BE IT RESOLVED that the City Council of the City of San Rafael does hereby approve the Environmental and Design Review Permit (ED20-058) and Vesting Tentative Parcel Map based on the findings in Exhibit A and conditions of approval in Exhibit B, incorporated herein by reference. I, Lindsay Lara, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael City Council held on Monday, the 7th day of February 2022, by the following vote to wit: AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: COUNCILMEMBERS: None 3 ABSENT: COUNCILMEMBERS: None LINDSAY LARA, City Clerk Exhibit A Findings Exhibit B Conditions of Approval 1 Exhibit A Environmental and Design Review Permit Findings (ED 20-058) In accordance with San Rafael Municipal Code (SRMC) Section 14.25.090, Findings, the following findings are required for approval of an Environmental and Design Review Permit: 1. The proposed mixed-use project as conditioned is consistent in principle with the San Rafael General Plan 2040 and other applicable City plans or policies in that the development plans for The Neighborhood at Los Gamos includes appropriate development standards, and is subject to an Environmental and Design Review Permit, implementing the intent of Chapters 22 (Use Permit) and 25 (Environmental and Design Review Permit) of the San Rafael Zoning Ordinance, Subdivision Ordinance (Title 15 of San Rafael Municipal Code). A detailed discussion of the Project’s consistency with the applicable General Plan policies is provided in the General Plan Consistency Analysis matrix in Exhibit B to Attachment 2 (Resolution recommending approval of the General Plan Amendment and Zone Change). 2. The project design, as proposed and conditioned, is consistent with the objectives and criteria of the Zoning Ordinance, and the purposes of Chapter 25 (Environmental and Design Review) in that: a) The development presents a competent design that has been thoughtfully studied and presented to the Design Review Board, both as a conceptual design and then as a formal application design. The applicant has agreed to modify the proposed building design and landscaping as recommended by the Board and these changes have been incorporated into the conditions of approval. The proposed new development has been designed to comply with the applicable NCMU property development standards, with the exception of the Waiver requested for height and the Concession for parking as provided by State Density Bonus Law, and the proposed project is not requesting any other deviations (Variances) from land use regulations. The project has also been reviewed by local residents during a formal Neighborhood Meeting (including a 15-day notice sent to property owners and tenants within 300 feet of the project site). b) The site plan respects site features and constraints by avoiding the existing drainage paths on the property and by preserving the majority of the mature trees. The South Park area of the project, just over an acre, located south of the proposed buildings, maintains much of the existing vegetation to create an outdoor recreation area for the use of the project residents. Of the 285 existing trees, 205 of the existing oaks will be preserved and 210 new trees, including oak species, will be planted on the property. c) The materials and colors that have been included in the proposed architecture are consistent with the context of the surrounding area. The buildings are designed in a Contemporary style. Walls would be a combination of stucco, lap siding and painted concrete. Trim would be painted wood. Colors are earth-tones in complementary shades. As recommended by the Design Review Board, the applicant has agreed to alter the colors of the buildings to make the colors more compatible with the surrounding natural setting. Large areas of each of the walls of the residential buildings incorporate windows, introducing considerable light into the units. The residential buildings use horizontal and vertical articulation to break up the mass. 2 The project as conditioned will utilize colors and materials that will effectively blend the proposed building with the predominant colors of the surrounding natural setting. d) The proposed site plan incorporates design features to ensure that stormwater runoff will be appropriately managed to avoid off-site impacts. In addition, Mitigation Measure HYDRO-1 requires that the project applicant prepare a Stormwater Pollution Prevention Plan (SWPPP) and/or Erosion and Sediment Control Plan (ESCP) in accordance with the requirements of the statewide Construction General Permit and the City of San Rafael Department of Public Works. The SWPPP shall include the minimum Best Management Practices (BMPs) required for the identified risk level. This mitigation measure and the project design will ensure that any potential impacts related to stormwater runoff are reduced to a less-than-significant level. 3. The project design with conditions minimizes adverse environmental impacts in that: a) The project would not cause the level of service at nearby intersections to exceed the standards of the General Plan. b) Potential environmental impacts have been addressed through the preparation of an Initial Study and Mitigated Negative Declaration (IS/MND) consistent with the requirements of the California Environmental Quality Act (CEQA). The IS/MND concluded that the proposed project would result in potentially significant impacts in Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Hydrology and Water Quality, and Tribal Resources. Any potential impacts would be mitigated to a less-than-significant level through implementation of recommended mitigations listed in the Mitigation Monitoring and Reporting Program of the IS/MND. 4. The project design, as proposed and as conditioned, will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity in that: a) The environmental impacts associated with the development of the project have been assessed and the project impacts can be mitigated to less-than-significant levels with the implementation of specific mitigation measures as discussed in Environmental and Design Review Permit Finding #3 above. b) The project design would be an appropriate transitional use in an area which has both commercial and single-family development. The project would preserve the majority of the natural environment of the site. The South Park area will include both natural areas, a pedestrian walkway, and children’s recreational play area. Furthermore, the project’s siting, scale and mass has been designed to minimize visual impacts on adjacent properties, and the new lighting is within the 1-foot candle (Fc) limit along the property line. c) The site is subject to a condition of approval requiring a 90-day lighting review to adjust lighting levels and reduce glare as needed to eliminate spillover glare onto adjacent properties. Vesting Tentative Parcel Map Findings 5. The proposed map is consistent with the San Rafael General Plan and any applicable, adopted specific plan or neighborhood plan as noted in Environmental and Design Review 3 Permit Finding, #1 above. The purpose of the map is to allow the creation of a mixed-use development consisting of 192 residential apartment units; 225 parking spaces; a 5,574 square-foot market; and a 5,003 square-foot community center. 6. The design or improvement of the subdivision is consistent with the San Rafael General Plan and any pertinent, adopted specific plan or neighborhood plan in that: a) the subdivision would create 192 units on the 10.24-acre parcel, which is in keeping with the allowable density (8.7 to 24.2 units/acre or 89-247 units) per the Neighborhood Commercial Mixed Use Land Use Designation, which encourages a mixed-use development in this location; and b) the City has balanced the regional and local housing needs against the public service needs of its residents, as well as available fiscal and environmental resources, and concludes that adequate public services are available to the site based on existing service providers that have reviewed the project and indicated that subject to conditions of approval, the system has the capacity to provide service. 7. The property subject to subdivision is physically suitable for the density of development that is proposed in that: a) the proposed subdivision would create 192 apartment units on site, which is below the maximum density allowable per General Plan 2040 (247 units); b) the project parking does not meet the minimum requirement for the residences based on unit size established by State Density Bonus Law or the minimum requirement for the commercial as set by zoning; however, the applicant has applied for a Concession for reduced parking as provided by State Density Bonus Law; c) ample, code compliant private and common usable open space is provided for the project. 8. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat in that: a) the site is an in-fill site that has been designated in the General Plan as Neighborhood Commercial Mixed Use with an allowed residential a density of 8.7- 24.2 units per acres; and b) An Initial Study/Mitigated Negative Declaration has been prepared and appropriate mitigation measures identified in the Mitigation Monitoring and Reporting Program to reduce any identified potential impacts to less-than-significant levels. 9. The design of the subdivision or the type of the proposed improvements is not likely to cause serious health problems in that: a) it is a mixed-use project that will be an appropriate transitional use between the single-family residences to the south and west and the commercial uses to the east; b) the proposed project would be built in accordance with the latest Building and Fire codes to ensure the health and safety of future residents and adjacent neighbors; c) the City’s Public Works Department and Las Gallinas Valley Sanitation District have reviewed the drainage and proposed sewer connections for the project site and deemed the project design to be in keeping with City standards, subject to conditions of approval; and 4 d) as conditioned, the proposed subdivision would not result in impacts to water quality or impacts to environmental resources in that an erosion control plan is required as a condition of project approval, which must be implemented before any grading or construction commences on the site. 10. The design of the subdivision or the type of proposed improvements will not conflict with existing, identified easements on site. 11. The design of the subdivision or the type of proposed improvements are consistent with the standards for Hillside Lots as described in SRMC Section 15.07 in that: a) the project will consist of one, 10.24 acre lot, which is larger than the 2.5 acre minimum; b) the project employs development clustering; c) the project is subject to an Environmental and Design Review Permit (ED 20-058) and findings in support of that application are listed above; d) the use of clustering minimizes grading, visual impacts, minimizes the removal of natural vegetation, and maximizes preservation of existing trees; e) the project is not located on a highly visible hillside nor on a ridgeline; f) the proposed development preserves the hillside as a visual backdrop; g) steep slopes and more hazardous, unstable portions of the site have been avoided; h) development plans, and the conditions of approval, will require the preparation of detailed geotechnical reports to ensure that development of the site can mitigate any geotechnical constraints that might be discovered; i) the buildings were reviewed by the Design Review Board and, as conditioned, were found to achieve necessary hillside design quality; j) the development of the site preserves the existing drainage paths on the site and the majority of the existing vegetation; and k) no new streets are proposed; access will be via a looped driveway system that, following review by Public Works, Fire and Building and Safety has been found to provide appropriate access. 12. The design of the subdivision or the type of proposed improvements are consistent with the standards as described in SRMC Section 15.06 in that: a) the project proposes one lot rather than individual for-sale lots; b) no streets are proposed; c) sidewalks, walkways and lighting conform to the standards of the Code; d) the proposed grading and drainage design has been reviewed by the Department of Public Works and Las Gallinas Valley Sanitary District and found, as conditioned, to provide proper grading, drainage and erosion control; e) the project will be constructed in compliance with the current Building and Fire Codes which will ensure that appropriate fire protection measures and construction techniques will be employed; and 5 f) all utilities will be undergrounded. 1 Exhibit B ENVIRONMENTAL AND DESIGN REVIEW (ED 20-058) CONDITIONS OF APPROVAL General Conditions 1. The proposed project shall be constructed in substantial conformance with the project plans as presented for approval at the City Council public hearing of February 7, 2022. These plans shall be the same as required for issuance of building, grading and other City permits. Minor modifications or revisions to the project plans shall be subject to review and approval by the Community Development Department, Planning Division. Modifications deemed not minor by the Community Development Director shall require review and approval by the original decision making body. 2. Approved colors for the project structures shall be as shown on the approved plans or as modified by these conditions of approval. Any future modification to colors shall be subject to review and approval by the Community Development Department, Planning Division. Modifications deemed not minor by the Community Development Director shall require review and approval by the Design Review Board. 3. Applicant shall remit payment of the State Fish and Game fees in order for staff to file a Notice of Determination with the County Clerk within 5 days of project approval. The current fee amounts are $2,210 (current fee as of 2021) payable to the State Fish and Game and $50.00 payable to the Marin County Clerk and are subject to increase on January 1st of each year. 4. The project Mitigation Monitoring and Reporting Program (MMRP) of the Mitigated Negative Declaration is incorporated into these conditions of approval by reference. Mitigation Measures are also listed below in these conditions of approval. Applicant and property owner shall comply with all terms and conditions of the MMRP. A deposit for Mitigation Monitoring shall be paid as required by these conditions. 5. Property owner and applicant agree to defend, indemnify, release and hold harmless the City, its agents, officers, attorneys, employees, boards and commissions from any claim, action or proceeding brought against any of the foregoing individuals or entities (“indemnities”), the purpose of which is to attack, set aside, void or annul the approval of this application or the certification of any environmental document which accompanies it. This indemnification shall include, but not be limited to, damages, costs, expenses, attorney fees or expert witness fees that may be asserted or incurred by any person or entity, including the applicant, third parties and the indemnities, arising out of or in connection with the approval of this application, whether or not there is concurrent, passive or active negligence on the part of the indemnities. 6. In the event that any claim, action or proceeding as described above is brought, the City shall promptly notify the Property owner and applicant of any such claim, action or proceeding, and the City will cooperate fully in the defense of such claim, action, or proceeding, In the event applicant/property owner is required to defend the City in connection with any said claim, action or proceeding, the City shall retain the right to; 1) approve the counsel to so defend the City; 2) approve all significant decisions concerning the manner in which the defense is conducted; and 3) approve any and all settlements, which approval shall not be unreasonably withheld. Nothing herein shall prohibit the City 2 from participating in the defense of any claim, action or proceeding, provided that if the City chooses to have counsel of its own to defend any claim, action or proceeding where Property owner and applicant already has retained counsel to defend the City in such matters, the fees and the expenses of the counsel selected by the City shall be paid by the City. 7. As a condition of this application, applicant/property owner agree to be responsible for the payment of all City Attorney expenses and costs, both for City staff attorneys and outside attorney consultants retained by the City, associated with the reviewing, process and implementing of the land use approval and related conditions of such approval. City Attorney expenses shall be based on the rates established from time to time by the City Finance Director to cover staff attorney salaries, benefits, and overhead, plus the actual fees and expenses of any attorney consultants retained by the City. Applicant shall reimburse City for City Attorney expenses and costs within 30 days following billing of same by the City. 8. All site improvements, including but not limited to, site lighting, fencing, landscape islands and paving, striping shall be maintained in good, undamaged condition at all times. Any damaged improvements shall be replaced in a timely manner. 9. The Project site shall be kept free of litter and garbage. Any trash, junk or damaged materials that are accumulated on the site shall be removed and disposed of in a timely manner. 10. 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. 11. All public 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. 12. This Environmental and Design Review 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 building/grading permit is issued, and construction commenced, or a time extension request is submitted to the City’s Community Development Department, Planning Division, within three (3) years of the City Council approval. Failure to obtain a building permit and grading permit and construction or grading activities commenced, or failure to obtain a time extension within the three-year period will result in the expiration of this Environmental and Design Review Permit. 13. This Environmental and Design Review Permit (ED 20-058) approving the Project shall ran concurrently with the approved Vesting Tentative Parcel Map. If either entitlement expires, this Environmental and Design Review Permit approving the Project, as depicted on Project plans, shall also expire and become invalid. 14. A copy of the Conditions of Approval for ED 20-058 shall be included as a plan sheet with the building permit plan submittal. 3 15. Bicycle parking shall be provided in compliance with San Rafael Municipal Code Section 14.18.090. This requires bicycle spaces provided on site at a minimum of 5% of total vehicle parking, including a minimum of one two bike capacity rack for short term bicycle parking. Final plans shall include a design detail for proposed bicycle parking spaces, proposed number and location subject to final review and approval by the Community Development Department and Traffic Engineer. 16. Property Owner/applicant shall be responsible for all costs associated with mitigation monitoring and shall remit an initial deposit in the amount of $6,540.00 for mitigation monitoring and condition compliance. Staff shall bill time against this deposit amount during Project review and implementation of the Project and monitoring of Project conditions, to assure compliance with conditions and mitigation measures has been achieved. 17. All mechanical equipment (i.e. air conditioning units, meters and transformers) and appurtenances not entirely enclosed within the structure (on side of building or roof) shall be screened from public view. The method used to accomplish the screening shall be indicated on the building plans and approved by the Planning Division. 18. Any outstanding Planning Division application processing fees shall be paid. 19. A construction logistics plan shall be submitted demonstrating how construction conditions shall be met. The plan must be approved by the Public Works Department and Community Development Director and shall include the conditions of approval and mitigation measures that are applicable to the construction of the Project. 20. The project shall be subject to the affordable housing requirements prescribed in Section 14.16.030 of the San Rafael Zoning Ordinance and is therefore required to provide twenty (20) of the 192 apartment units as affordable. Prior to the issuance of a building permit or recordation of the final map, whichever occurs first, a Below Market Rate (BMR) agreement for the twenty (20) affordable units shall be approved by the City Council and recorded on the property. The location of the BMR units shall be identified on the project plans and the final location shall be subject to review and approval of the City as part of the City’s consideration of the BMR agreement. Please contact the Marin Housing Authority to commence the agreement process. 21. Protective barrier fencing shall be installed during construction to protect existing trees that are to remain on site, as per the approved landscape plan. Plans showing the fencing, signage and barrier details shall be included on Project plans, The fencing shall be a minimum four-foot orange mesh protected by hay bales and signage designed to avoid intrusion by construction workers and equipment. Project Mitigation Measures Aesthetics 22. Mitigation Measure AES-1: Prior to the Building Permit final inspection, the project applicant shall submit to the satisfaction of the Community Development Department Director, a post-installation photometric lighting study showing that the lighting on site complies with the approved lighting levels per ED 20-058 and the requirements of SRMC 14.16.227. The project applicant shall also demonstrate to the Building Division that outdoor lighting fixtures meet the requirements of the California Energy Code (known as Part 6, Title 24 of the California Code of Regulations). 4 Air Quality 23. Mitigation Measure AQ-1: Include basic measures to control dust and exhaust during construction. During any construction period ground disturbance, the applicant shall ensure that the project contractor implement measures to control dust and exhaust. Implementation of the measures recommended by BAAQMD and listed below would reduce the air quality impacts associated with grading and new construction to a less- than-significant level. The contractor shall implement the following best management practices that are required of all projects: a) All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. b) All haul trucks transporting soil, sand, or other loose material off-site shall be covered. c) All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. d) All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph). e) All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. f) Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. g) All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. h) Post a publicly visible sign with the telephone number and person to contact at the City of San Rafael Building Division regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District's phone number shall also be visible to ensure compliance with applicable regulations. 24. Mitigation Measure AQ-1a: All diesel-powered off-road equipment, larger than 25 horsepower, operating on the site for more than two days continuously shall, at a minimum, meet U.S. EPA particulate matter emissions standards for Tier 2 engines with CARB-certified Level 3 Diesel Particulate Filters or equivalent. a) The use of equipment meeting U.S. EPA Tier 4 standards for particulate matter would also meet this requirement. b) Use of equipment that includes alternatively-fueled equipment (i.e., non-diesel) would meet this requirement. c) Other measures may be the use of added exhaust devices, or a combination of measures, provided that these measures are approved by the City and demonstrated to reduce community risk impacts to less-than-significant levels. 25. Mitigation Measure AQ-2: Include high-efficiency particulate filtration systems in residential ventilation systems. The project shall include the following measures to minimize long-term increased cancer risk and annual PM2.5 exposure for new project occupants: 5 a) Install air filtration in residential dwellings. Air filtration devices shall be rated MERV 13 or higher. To ensure adequate health protection to sensitive receptors (i.e., residents), this ventilation system, whether mechanical or passive, all fresh air circulated into the dwelling units shall be filtered, as described above. b) As part of implementing this measure, an ongoing maintenance plan for the buildings' heating, ventilation, and air conditioning (HV AC) air filtration system shall be required. c) Ensure that the use agreement and other property documents: (1) require cleaning, maintenance, and monitoring of the affected buildings for air flow leaks, (2) include assurance that new owners or tenants are provided information on the ventilation system, and (3) include provisions that fees associated with owning or leasing a unit(s) in the building include funds for cleaning, maintenance, monitoring, and replacements of the filters, as needed. Biological Resources 26. Mitigation Measure BIO-1a: The project sponsor shall conduct pre-construction surveys prior to initiation of any construction activities, including the following: a) Rare Plant Survey. Prior to initiation of construction, a qualified botanist will survey for this species during their blooming season (April through November) to ensure these plants are not impacted. If individual plants are located within the development footprint, the qualified botanist will transplant individual plants to an area with the habitat requirements for this species in an area that will remain undisturbed within the Project Area. b) Special-Status Plant Survey and Avoidance. A qualified botanist shall conduct surveys during the appropriate blooming period for all special-status plants that have the potential to occur on or adjacent to the Project area prior to the start of ground- disturbing activities and prepare a report documenting survey findings. Habitat adjacent to the Project area should be surveyed if the Project may have indirect impacts off-site as a result of changes to hydrological conditions or other indirect impacts. More than one year of surveys may be necessary. Surveys and reporting shall be conducted following Protocols for Surveying and Evaluating Impacts to Special-Status Native Plant Populations and Sensitive Natural Communities. Surveys shall be submitted to CDFW for review and written acceptance. If special-status plants are found during surveys, the Project shall be re-designed to avoid impacts to special- status plants. If impacts to any special-status plants cannot be avoided completely during construction, the Project shall provide mitigation including on-site restoration, off-site habitat preservation, or another method accepted in writing by CDFW. The qualified botanist shall be knowledgeable about plant taxonomy, familiar with plants of the region, and have experience conducting botanical field surveys according to vetted protocols. c) Tree Removal and Migratory Bird Protection. Tree and shrub removal will be conducted between September 1 and February 14, outside of nesting bird season, to the extent possible. Tree removal between February 15 and August 31 will require a nesting bird survey by a qualified biologist no more than 7 days prior to work occurring. d) Active Bird Nest. If at any time of the year an active bird nest is observed within or near work sites, work within 50 feet of the observed nest shall cease, care shall be taken not to disturb the nest, and the work supervisor shall contact designated biologist for guidance on how to proceed. A no-work buffer will be implemented by the biologist as appropriate to protect the nest until the young have fledged. 6 e) Bat Tree Habitat Assessment and Surveys. Prior to any tree removal, a qualified biologist shall conduct a habitat assessment for bats. The habitat assessment shall be conducted a minimum of 30 to 90 days prior to tree removal and shall include a visual inspection of potential roosting features (e.g., cavities, crevices in wood and bark, exfoliating bark, and suitable canopy for foliage roosting species). If suitable habitat trees are found, they shall be flagged or otherwise clearly marked and tree trimming or removal shall not proceed unless the following occurs: a) in trees with suitable habitat, presence of bats is presumed, or documented during the surveys described below, and removal using the two-step removal process detailed below occurs only during seasonal periods of bat activity, from approximately March 1 through April 15and September 1 through October 15, or b) after a qualified biologist conducts night emergence surveys or completes visual examination of roost features that establish absence of roosting bats. Two-step tree removal shall be conducted over two consecutive days, as follows: i. the first day (in the afternoon), under the direct supervision and instruction by a qualified biologist with experience conducting two-step tree removal, limbs and branches shall be removed by a tree cutter using chainsaws only; limbs with cavities, crevices or deep bark fissures shall be avoided; and ii. the second day the entire tree shall be removed 27. Mitigation Measure BIO-1b: Burrowing Owl Habitat Assessment, Surveys, and Avoidance. Prior to Project activities, a habitat assessment shall be performed following Appendix C: Habitat Assessment and Reporting Details of the CDFW Staff Report on Burrowing Owl Mitigation (CDFW 2012 Staff Report). The habitat assessment shall extend at least 492 feet (150 meters) from the Project site boundary or more where direct or indirect effects could potentially extend offsite (up to 500 meters or 1,640 feet) and include burrows and burrow surrogates. If the habitat assessment identifies potentially suitable burrowing owl habitat, then a qualified biologist shall conduct surveys following the CDFW 2012 Staff Report survey methodology. Surveys shall encompass the Project site and a sufficient buffer zone to detect owls nearby that may be impacted commensurate with the type of disturbance anticipated, as outlined in the CDFW 2012 Staff Report, and include burrow surrogates such as culverts, piles of concrete or rubble, and other non-natural features, in addition to burrows and mounds. Time lapses between surveys or Project activities shall trigger subsequent surveys, as determined by a qualified biologist, including but not limited to a final survey within 24 hours prior to ground disturbance. The qualified biologist shall have a minimum of two years of experience implementing the CDFW 2012 Staff Report survey methodology resulting in detections. Detected burrowing owls shall be avoided pursuant to the buffer zone prescribed in the CDFW 2012 Staff Report and any passive relocation plan for non-nesting owls shall be subject to CDFW review. Burrowing Owl Wintering Habitat Mitigation. If the Project would impact an occupied burrow (where a non-nesting wintering owl would be evicted as described above), the following habitat mitigation shall be implemented prior to Project construction: a) Impacts to each burrow site shall be mitigated by permanent preservation of two occupied burrow sites with appropriate foraging habitat within Marin County, unless otherwise approved by CDFW, through a conservation easement and implementing and funding a long-term management plan in perpetuity. b) The Project may implement alternative methods for preserving habitat with written acceptance from CDFW. 7 28. Mitigation Measure BIO-1c: American Badger Preconstruction Wildlife Survey. Within one week prior to initiation of construction, a qualified biologist will survey the Project Area for potential American badger burrows. If potentially occupied burrows are detected, an avoidance buffer will be approved by CDFW, and established to protect the burrow from construction impacts. If a sufficient buffer cannot be established, the biologist will prepare a relocation plan to be approved by CDFW and implemented prior to initiation of construction. If construction is suspended for more than 1 week or is initiated in an area more than 2500 feet from active construction, a new survey will be performed prior to re- starting work or starting work in new areas. Cultural Resources 29. Mitigation Measure CULT-1: Protect Archaeological Resources Identified during Construction: The project sponsor shall ensure that construction crews stop all work within 100 feet of the discovery until a qualified archaeologist can assess the previously unrecorded discovery and provide recommendations. Resources could include subsurface historic features such as artifact-filled privies, wells, and refuse pits, and artifact deposits, along with concentrations of adobe, stone, or concrete walls or foundations, and concentrations of ceramic, glass, or metal materials. Native American archaeological materials could include obsidian and chert flaked stone tools (such as projectile and dart points), midden (culturally derived darkened soil containing heat- affected rock, artifacts, animal bones, and/or shellfish remains), and/or groundstone implements (such as mortars and pestles). 30. Mitigation Measure CULT-2: Protect Human Remains Identified During Construction: The Project proponent shall treat any human remains and associated or unassociated funerary objects discovered during soil-disturbing activities according to applicable State laws. Such treatment includes work stoppage and immediate notification of the Marin County Coroner and qualified archaeologist, and in the event that the Coroner’s determination that the human remains are Native American, notification of NAHC according to the requirements in PRC Section 5097.98. NAHC would appoint a Most Likely Descendant (“MLD”). A qualified archaeologist, Project proponent, County of Marin, and MLD shall make all reasonable efforts to develop an agreement for the treatment, with appropriate dignity, of any human remains and associated or unassociated funerary objects (CEQA Guidelines Section 15064.5[d]). The agreement would take into consideration the appropriate excavation, removal, recordation, analysis, custodianship and final disposition of the human remains and associated or unassociated funerary objects. The PRC allows 48 hours to reach agreement on these matters. Geology and Soils 31. Mitigation Measure GEO -1: Prior to a grading or building permit submittal, the project sponsor shall prepare a design-level geotechnical investigation prepared by a qualified and licensed geotechnical engineer and submit the report to the City Engineer. Minimum recommendations include design of new structures in accordance with the provisions of the 2019 California Building Code or subsequent codes in effect when final design occurs. Final project design shall be consistent with the recommended seismic design coefficients and spectral accelerations are presented in the findings presented in Section 5.1 of the December 7, 2020 MPEG report. 32. Mitigation Measure GEO-2: Supplemental exploration with exploratory trenches and geology site inspection/mapping further upslope shall be performed to better evaluate the potential for instability. Most of the suspected areas of instability within the site will be 8 removed as part of the planned excavation and building construction. Undeveloped areas of instability within the project site should be over-excavated, subsurface drainage installed, and backfilled with engineered fill. Global stability of the site should be checked as part of building wall design. Debris catchment structure or deflection wall/berm may be needed upslope of the planned buildings if debris flow paths cross planned structures. Final project design shall be consistent with the recommended findings presented in Chapter 5 of the December 7, 2020 MPEG report. 33. Mitigation Measure GEO-3: Prior to a grading or building permit submittal, the project sponsor shall prepare a site drainage system prepared by a qualified and licensed civil engineer and submit the report to the City Engineer. Planned improvements or structures on shallow foundations should be setback from the unimproved drainage channel. The recommended setback distance is a 3:1 inclination from the channel bed or 10 feet from top of bank, whichever is greater. The site drainage system shall be designed to collect surface water from the maximum credible rainfall event and discharging it into an established storm drainage system. The project Civil Engineer is responsible for designing the site drainage system. In addition, an erosion control plan shall be developed prior to construction per the current guidelines of the California Stormwater Quality Association’s Best Management Practice Handbook. Additionally, regular monitoring of the upslope areas shall be performed, particularly during and following periods of heavy rainfall. Regular maintenance of upslope areas should also be performed and should include maintaining vegetative cover on slopes, clearing debris from the v-ditches and drain inlets, and promptly repairing any erosion or shallow instabilities that occur. Final project design shall be consistent with the recommended findings presented in Chapter 5 of the December 7, 2020 MPEG report. 34. Mitigation Measure GEO-4: Soils subgrades and fills shall be moisture conditioned above the optimum moisture content during site grading and maintained at this moisture content until imported aggregate base and/or surface flatwork is completed. Retaining structures shall be designed with a soil creep load where walls retain sloping ground. Foundations shall be designed to account for some expansive soil movement. Final project design shall be consistent with the recommended findings presented in Chapter 5 of the December 7, 2020 MPEG report. 35. Mitigation Measure GEO-5: Should paleontological resources be encountered during project subsurface construction activities located in previously undisturbed soil and bedrock, all ground-disturbing activities within 25 feet shall be halted and a qualified paleontologist contacted to assess the situation, consult with agencies as appropriate, and make recommendations for the treatment of the discovery. For purposes of this mitigation, a “qualified paleontologist” shall be an individual with the following qualifications: 1) a graduate degree in paleontology or geology and/or a person with a demonstrated publication record in peer-reviewed paleontological journals; 2) at least two years of professional experience related to paleontology; 3) proficiency in recognizing fossils in the field and determining their significance; 4) expertise in local geology, stratigraphy, and biostratigraphy; and 5) experience collecting vertebrate fossils in the field. If the paleontological resources are found to be significant and project activities cannot avoid them, measures shall be implemented to ensure that the project does not cause a substantial adverse change in the significance of the paleontological resource. Measures may include monitoring, recording the fossil locality, data recovery and analysis, a final report, and accessioning the fossil material and technical report to a paleontological 9 repository. Upon completion of the assessment, a report documenting methods, findings, and recommendations shall be prepared and submitted to the City for review. If paleontological materials are recovered, this report also shall be submitted to a paleontological repository such as the University of California Museum of Paleontology, along with significant paleontological materials. Public educational outreach may also be appropriate. The project applicants shall inform its contractor(s) of the sensitivity of the project site for paleontological resources and shall verify that the following directive has been included in the appropriate contract specification documents: “The subsurface of the construction site may contain fossils. If fossils are encountered during project subsurface construction, all ground-disturbing activities within 25 feet shall be halted and a qualified paleontologist contacted to assess the situation, consult with agencies as appropriate, and make recommendations for the treatment of the discovery. Project personnel shall not collect or move any paleontological materials. Fossils can include plants and animals, and such trace fossil evidence of past life as tracks or plant imprints. Marine sediments may contain invertebrate fossils such as snails, clam and oyster shells, sponges, and protozoa; and vertebrate fossils such as fish, whale, and sea lion bones. Vertebrate land mammals may include bones of mammoth, camel, saber tooth cat, horse, and bison. Contractor acknowledges and understands that excavation or removal of paleontological material is prohibited by law and constitutes a misdemeanor under California Public Resources Code, Section 5097.5.” Hydrology and Water Quality 36. Mitigation Measure HYDRO-1: Prior to issuing a grading or building permit, the project applicant shall prepare a Stormwater Pollution Prevention Plan (SWPPP) and/or Erosion and Sediment Control Plan (ESCP) in accordance with the requirements of the statewide Construction General Permit and the City of San Rafael Department of Public Works. The SWPPP shall be prepared by a Qualified SWPPP Developer (QSD). The SWPPP shall include the minimum Best Management Practices (BMPs) required for the identified risk level. The SWPPP shall be designed to address the following objectives: a) All pollutants and their sources, including sources of sediment associated with construction, construction site erosion, and all other activities associated with construction activity are controlled; b) Where not otherwise required to be under a Regional Water Quality Control Board permit, all non‐stormwater discharges are identified and either eliminated, controlled, or treated; c) Site BMPs are effective and result in the reduction or elimination of pollutants in stormwater discharges and authorized non‐stormwater discharges from construction activity. The erosion and sediment control plan shall include the rationale used for selecting BMPs including supporting soil loss calculations, as necessary; d) Stabilization BMPs installed to reduce or eliminate pollutants after construction are completed; e) BMP implementation shall be consistent with the BMP requirements in the most recent version of the California Stormwater Quality Association Stormwater Best Management Handbook‐Construction or the Caltrans Stormwater Quality Handbook Construction Site BMPs Manual. 10 37. Mitigation Measure HYDRO-2: Prior to a certificate of occupancy, the Project applicant shall verify that operational stormwater quality control measures that comply with the requirements of the current Phase II Small MS4 Permit have been implemented. Responsibilities include, but are not limited to: a) Designing BMPs into Project features and operations to reduce potential impacts to surface water quality and to manage changes in the timing and quantity of runoff associated with operation of the project. These features shall be included in the design‐level drainage plan and final development drawings. b) The proposed project shall incorporate site design measures and Low Impact Development design standards, including minimizing disturbed areas and impervious surfaces, infiltration, harvesting, evapotranspiration, and/or bio‐treatment of stormwater runoff. c) The Project applicant shall establish an Operation and Maintenance Plan. This plan shall specify a regular inspection schedule of stormwater treatment facilities in accordance with the requirements of the Phase II Small MS4 Permit. d) Funding for long‐term maintenance of all BMPs shall be specified. Tribal Cultural Resources 38. Mitigation Measure TRIBAL-1: Implementation of the unanticipated discovery measures outlined in Section V(b) and (d) above, address the potential discovery of previously unknown resources within the project area. If significant tribal cultural resources are identified onsite, all work would stop immediately within 50 feet of the resource(s) and the project applicant would comply with all relevant State and City policies and procedures prescribed under PRC Section 21074. Community Development Department—Planning Division 39. Final landscape and irrigation plans for the Project shall comply with the provisions of Marin Municipal Water District’s (MMWD) most recent water conservation ordinance. Construction plans submitted for issuance of building/grading permit shall be pre- approved by MMWD and stamped as approved by MMWD or include a letter from MMWD approving the final landscape and irrigation plans. Modifications to the final landscape and irrigation plans, as required by MMWD, shall be subject to review and approval of the Community Development Department, Planning Division. 40. Prior to issuance of building permits, the applicant shall consult with Planning Division staff on a revised landscaping plan that minimizes the loss of mature oak trees in the South Park portion of the project. This may be accomplished by changing the design of the pedestrian paths, the bridge, and/or any recreational features proposed to be installed. The revised plan shall show locations of oak trees to be retained and those to be removed including their diameter at breast height. The revised plan shall also include the use of native vegetation. The final plan shall be subject to the review and approval of the Planning Division. 41. Prior to the issuance of building permits, the applicant shall submit a Lake or Streambed (LSA) Notification to the California Department of Fish and Wildlife (CDFW) pursuant to Fish and Game Code section 1602 for Project activities that may substantially alter the bed, bank, or channel of the ephemeral stream, including installation of a new bridge. If CDFW determines that an LSA Agreement is warranted, the project shall comply with all 11 required measures in the LSA Agreement, including but not limited to requirements for ephemeral stream and riparian habitat impacts 42. Landscaping along driveways shall be regularly trimmed to clear vegetation below a height of seven feet to ensure that adequate sight lines will be maintained. 43. Prior to the issuance of building permits, a sign program shall be submitted for the project for review by the Design Review Board and Planning Commission. 44. Prior to the issuance of building permits, the plans shall be revised to address the following comments from the Design Review Board: a) Mitigate the appearance of building height with darker color palette consistent with Hillside Design Guidelines and horizontal elements to break up visual appearance of massing. b) Trees should be not planted in a uniform row but clustered with more natural spacing to the extent practicable for available planting area. c) Mitigate impacts of the 10’ – 16’ tall retaining walls with step backs or other methods such as texture/colors/materials/or vegetation. The revised plans shall be returned to the Design Review Board for a final review. 45. The following standard construction best management practices shall be implemented to reduce construction noise levels at sensitive receptors in the site vicinity: a) Construct temporary noise barriers, where feasible, to screen stationary noise- generating equipment or construction occurring in close proximity to adjacent land uses. Temporary noise barrier fences would provide a 5 dBA noise reduction if the noise barrier interrupts the line-of-sight between the noise source and receiver and if the barrier is constructed in a manner that eliminates any cracks or gaps. b) Equip all internal combustion engine-driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment. c) Unnecessary idling of internal combustion engines should be strictly prohibited. d) Locate stationary noise-generating equipment, such as air compressors or portable power generators, as far as possible from sensitive receptors as feasible. If they must be located near receptors, adequate muffling (with enclosures where feasible and appropriate) shall be used reduce noise levels at the adjacent sensitive receptors. Any enclosure openings or venting shall face away from sensitive receptors. e) Construction staging areas shall be established at locations that will create the greatest distance between the construction-related noise sources and noise-sensitive receptors nearest the project site during all project construction. f) Control noise from construction workers’ radios to a point where they are not audible at properties bordering the project site. g) The contractor shall prepare a detailed construction plan identifying the schedule for major noise-generating construction activities. The construction plan shall identify a procedure for coordination with adjacent land uses so that construction activities can be scheduled to minimize noise disturbance. 12 h) Designate a "disturbance coordinator" who would be responsible for responding to any complaints about construction noise. The disturbance coordinator will determine the cause of the noise complaint (e.g., bad muffler, etc.) and will require that reasonable measures be implemented to correct the problem. Conspicuously post a telephone number for the disturbance coordinator at the construction site and include in it the notice sent to neighbors regarding the construction schedule. 46. The applicant shall contact the Planning Division to request a final inspection, prior to the issuance of the final building permit. ‘The final inspection shall require a minimum of 48- hours advance notice. All landscaping and irrigation shall be installed prior to the occupancy of the building or the property owner shall post a bond in the amount of the estimated landscaping/ irrigation cost with the City of San Rafael. In the event that a bond is posted, all areas proposed for landscaping must be covered with bark or a substitute material approved by the Planning Division prior to occupancy. The landscape architect shall certify in writing and submit to the Planning Division, and call for inspection, that the landscaping has been installed in accordance with all aspects of the approved landscape plans, that the irrigation has been installed and been tested for timing and function, and all plants including street trees are healthy. Any dying or dead landscaping shall be replaced. 47. All exterior lighting shall be shielded down. Following the issuance of a certificate of occupancy, all exterior lighting shall be subject to a 90-day lighting level review by the Police Department and Planning Division to ensure compatibility with the surrounding area. 48. The applicant shall install electric vehicle charging stations on at least 10% of the Project parking spaces. Furthermore, the applicant shall install electrical raceways in all building parking areas to facilitate future installation of additional electric vehicle charging stations. 49. The applicant shall install the maximum amount of rooftop solar arrays as is reasonably feasible for the Project. 50. The applicant shall evenly distribute the Project’s affordable units as shown on the exhibit entitled “Neighborhood at Los Gamos Affordable Unit Distribution Plan,” subject to Community Development Director approval. 51. The applicant shall institute the following transportation demand management measures consisting of: a) Unbundled parking (i.e. rental of the Project units and the Project parking spaces shall be under separate agreements and separate costs.) b) An onsite vehicle rideshare program. c) A designated on-site employee to provide transit and ridesharing information to residents. d) A designated bike parking area including infrastructure for the charging of electric bikes. 13 Building Division 52. The design and construction shall comply with the latest code year at time of building permit application for the California Building Code (CBC), California Plumbing Code (CPC), California Electrical Code (CEC), California Mechanical Code CCMC), California Fire Code (CFC), California Energy Code, California Green Building Standards Code and City of San Rafael Ordinances and Amendments. 53. A building permit is required for the proposed work. Applications shall be accompanied by complete sets of construction drawings to include: e) Architectural plans f) Structural plans g) Electrical plans h) Plumbing plans i) Mechanical plans j) Site/civil plans (clearly identifying grade plane and height of the building) k) Structural Calculations l) Truss Calculations m) Soils reports n) Green Building documentation o) Title-24 energy documentation 54. The occupancy classification, construction type and square footage of each building shall be specified on the plans. In mixed occupancies, each portion of the building shall be individually classified. 55. The occupancy classification, construction type and square footage of each building shall be specified on the plans in addition to justification calculations for the allowable area of each building. Site/civil plans prepared by a California licensed surveyor or engineer clearly showing topography, identifying grade plane and height of the building. 56. This building contains several different occupancy types. Individual occupancies are categorized with different levels of hazard and may need to be separated from other occupancy types for safety reasons. Under mixed-occupancy conditions the project architect has available several design methodologies (accessory occupancies, nonseparated occupancies, and separated occupancies) to address the mixed-occupancy concerns. 57. Building height and story must comply with CBC Section 504. On the plan justify the proposed building area and height. 58. Building areas are limited by CBC Table 506.2. On plan justify the proposed building area. 59. The maximum area of unprotected and protected openings permitted in the exterior wall in any story of a building shall not exceed the percentages specified in CBC Table 705.8 “Maximum Area of Exterior Wall Openings Based on Fire Separation Distance and Degree 14 of Opening Protection.” To calculate the maximum area of exterior wall openings you must provide the building setback distance from the property lines and then justify the percentage of proposed wall openings and include whether the opening is unprotected or protected. 60. Townhouses more than three stories above grade in height must comply with the CBC. CBC Table 705.8 allows: a) 15% exterior wall openings (in any story) in sprinklered buildings where the openings are 3’ to less than 5’ from the property line or buildings on the same property. b) 25% exterior wall openings (in any story) in sprinklered buildings where the openings are 5’ to less than 10’ from the property line or buildings on the same property. c) 45% exterior wall openings (in any story) in sprinklered buildings where the openings are 10’ to less than 15’ from the property line or buildings on the same property. 61. Walls separating the purposed occupancies are required to be a minimum of 1-hour construction. You may provide justification per CBC 508 that the mixed occupancy types do not need to be separated by fire resistive construction because they comply with CBC 508.2 Accessory Occupancies or CBC 508.3 Nonseparated Occupancies. 62. Buildings located 4 or more stories above grade plane, one stairwell must extend to the roof, unless the roof slope exceeds an angle of 4 vertical to 12 horizontal CBC 1011.12. 63. Each building must have address identification placed in a position that is plainly legible and visible from the street or road fronting the property. Numbers painted on the curb do not satisfy this requirement. In new construction and substantial remodels, the address must be internally or externally illuminated and remain illuminated at all hours of darkness. Numbers must be a minimum 4 inches in height with ½ inch stroke for residential occupancies and a minimum 6 inches in height with ½ inch stroke for commercial applications. The address must be contrasting in color to their background SMC 12.12.20. 64. If proposed fencing exceeds 6' in height, a building permit is required. 65. Bollards must be placed in the garage to protect mechanical equipment, water heater, and washer dryer from vehicular damage when located in the path of a vehicle. 66. School fees will be required for the project. Calculations are done by the San Rafael City Schools, and those fees are paid directly to them prior to issuance of the building permit. 67. If on-site streets are privately owned, certain on-site improvements such as retaining walls, street light standards, and private sewer system will require plan review and permits from the Building Division. 68. Regarding any grading or site remediation, soils export, import and placement; provide a detailed soils report prepared by a qualified engineer to address these procedures. The report should address the import and placement and compaction of soils at future building pad locations and should be based on an assumed foundation design. This information should be provided to Building Division and Department of Public Works for review and comments prior to any such activities taking place. A grading permit may be required for the above-mentioned work. 15 69. Prior to building permit issuance for the construction of each building, geotechnical and civil pad certifications are to be submitted. 19. Property lines shown through proposed buildings must be eliminated by consolidation or buildings must be relocated, redesigned to fall within property line boundaries. 70. Based on the distance to the property line (and/or adjacent buildings on the same parcel), the building elements shall have a fire resistive rating not less than that specified in CBC Table 601 and exterior walls shall have a fire resistive rating not less than that specified in CBC Table 602. 71. Cornices, eaves overhangs, exterior balconies and similar projections extending beyond the floor area shall conform to the requirements of CBC 705.2. Projections shall not extend beyond the distance determined by the following two methods, whichever results in the lesser projection: a) A point one-third the distance from the exterior face of the wall to the lot line where protected openings or a combination of protected openings and unprotected openings are required in the exterior wall. b) A point one-half the distance from the exterior face of the wall to the lot line where all openings in the exterior wall are permitted to be unprotected or the building is equipped throughout with an automatic sprinkler system. c) More than 12 inches into areas where openings are prohibited. 72. Ventilation area required, the minimum openable area to the outdoors is 4 percent of the floor area being ventilated CBC 1203.5.1 or mechanical ventilation in accordance with the California Mechanical Code. 73. Natural light, the minimum net glazed area shall not be less than 8 percent of the floor area of the room served CBC 1205.2 or shall provide artificial light in accordance with CBC 1205.3. 74. Walls separating purposed tenant space from existing neighboring tenant spaces must be a minimum of 1-hour construction. 75. All site signage as well as wall signs require a separate permit and application (excluding address numbering). 76. You must apply for a new address for this building from the Building Division. 77. Monument sign(s) located at the driveway entrance(s) shall have address numbers posted prominently on the monument sign. 78. In the parking garage, mechanical ventilation will be required capable of exhausting a minimum of .75 cubic feet per minute per square foot of gross floor area CMC Table 4-4. 79. In the parking structure, in areas where motor vehicles are stored, floor surfaces shall be of noncombustible, nonabsorbent materials. Floors shall drain to an approved oil separator or trap discharging to sewers in accordance with the Plumbing Code and SWIPP. 16 80. Each building shall be provided with sanitary facilities per CPC Sec 412 and Table 4-1 (including provisions for persons with disabilities). Separate facilities shall be required for each sex. 81. In accordance with California Plumbing Code section 422.2, separate toilet facilities shall be provided for each sex. Except: 1) residential installations. 2) In occupancies with a total occupant load of 10 or less, including customers and employees, one toilet facility designed for use by no more than one person at a time, shall be permitted for use by both sexes. 3) In business and mercantile occupancies with a total occupant load of 50 or less, including customers and employees, one toilet facility designed for use by no more than one person at a time, shall be permitted for use by both sexes. 82. Facilities in mercantile and business occupancies, toilet facility requirements for customers and employees shall be permitted to be met with a single set of restrooms accessible to both groups. The required number of fixtures shall be the greater of the required number for employees or the required number for customers. Fixtures for customer use shall be permitted to be met by providing a centrally located toilet facility within a distance not to exceed 500 feet. In stores with a floor area of 1,500 square feet or less the requirement to provide facilities for employees shall be permitted to be met by providing a centrally located toilet facility within distance not to exceed 300 feet. 83. Minimum elevator car size (interior dimension) 60” wide by 30” deep with an entrance opening of at least 60” or a car size of 42” wide by 48” deep with an entrance opening of 36” or a car size of 60” wide by 36” deep with an entrance opening of at least 36”. 84. All buildings with one or more elevators shall be provided with not less than one medical emergency service elevator. The medical emergency service elevator shall accommodate the loading and transport of an ambulance gurney or stretcher. The elevator car size shall have a minimum clear distance between walls and door excluding return panels not less than 80 inches by 54 inches and a minimum distance from wall to return panel not less than 51 inches with a 42-inch side slide door. 85. Adequate utility easements must be provided for all services to include water, sanitary sewer, storm drain piping, as well as gas, electric and telephone. 86. The proposed facility shall be designed to provide access to the physically disabled. For existing buildings and facilities when alterations, structural repairs or additions are made, accessibility improvements for persons with disabilities shall be required unless CASP report states compliant. 87. Improvements shall be made, but are not limited to, the following accessible features: a) Path of travel from public transportation point of arrival b) Routes of travel between buildings c) Accessible parking d) Ramps e) Primary entrances f) Sanitary facilities (restrooms) g) Drinking fountains & Public telephones (when provided) 17 h) Accessible features per specific occupancy requirements i) Accessible special features, i.e., ATM's point of sale machines, etc. 88. The site development of items such as common sidewalks, parking areas, stairs, ramps, common facilities, etc. are subject to compliance with the accessibility. Pedestrian access provisions should provide a minimum 48" wide unobstructed paved surface to and along all accessible routes. Items such as signs, meter pedestals, light standards, trash receptacles, etc., shall not encroach on this 4' minimum width. Also, note that sidewalk slopes and side slopes shall not exceed published minimums. The civil, grading and landscape plans shall address these requirements to the extent possible. 89. The parking garage ceiling height shall have a minimum vertical clearance of 8’ 2” where required for accessible parking. 90. Multistory apartment or condominium on the ground floor in buildings with no elevator at least 10 percent but no less than one of the multistory dwellings in apartment buildings with three or more and condos with four or more dwellings shall comply with the following: a) The primary entry to the dwelling unit shall be on an accessible route unless exempted by site impracticality tests in CBC Section 1150A. b) At least one powder room or bathroom shall be located on the primary entry level, served by an accessible route. c) All rooms or spaces located on the primary entry level shall be served by an accessible route. Rooms and spaces located on the primary entry level and subject to this chapter may include but are not limited to kitchens, powder rooms, bathrooms, living rooms, bedrooms or hallways. 91. Multifamily dwelling and apartment accessible parking spaces shall be provided at a minimum rate of 2 percent of the covered multifamily dwelling units. At least one space of each type of parking facility shall be made accessible even if the total number exceeds 2 percent. 92. When parking is provided for multifamily dwellings and is not assigned to a resident or a group of residents, at least 5 percent of the parking spaces shall be accessible and provide access to grade-level entrances of multi-family dwellings and facilities (e.g. swimming pools, club houses, recreation areas and laundry rooms) that serve the dwellings. Accessible parking spaces shall be located on the shortest accessible route to an accessible building, or dwelling unit entrance. 93. Public accommodation disabled parking spaces must be provided according to the following table and must be uniformly distributed throughout the site. Total Number of Parking Spaces Provided Minimum Required Number of H/C Spaces 1 to 25 1 26 to 50 2 51 to 75 3 76 to 100 4 18 101 to 150 5 151 to 200 6 201 to 300 7 301 to 400 8 401 to 500 9 501 to 1,000 Two percent of total 1,001 and over Twenty, plus one for each 100 or fraction thereof over 1,001 94. At least one disabled parking space must be van accessible; 9-foot wide parking space and 8-foot wide off- load area. Additionally, one in every eight required handicap spaces must be van accessible. 95. All new construction, additions or remodels must comply with the Wood-Burning Appliance Ordinance. New wood burning fireplaces and non-EPA certified wood stoves are prohibited. Non-EPA Phase II-certified wood stoves must be removed in remodels and additions which exceed 50% of the existing floor area and include the room the stove is located in. 96. This new building is in a Wildland-Urban Interface Area. The building materials, systems and/or assemblies used in the exterior design and construction must comply with CBC Chapter 7A. 97. This new building is in a Wildland-Urban Interface Area. Buildings shall have all under floor areas enclosed to the grade with exterior walls in accordance with CBC section 704A.3. Exception: The complete enclosure of under floor areas may be omitted where the underside of all exposed floors, exposed structural columns, beams and supporting walls are protected as required with exterior ignition-resistant material construction or be heavy timber. 98. The project includes a new deck in a Wildland-Urban Interface Area. Where any portion of the new deck, stair, landing, porch, or balconies, is within 10 feet of the primary structure, compliance with one of the following methods is required: a) Decking surface - shall be constructed of ignition-resistant material. b) Decking surface - shall be constructed with heavy timber, exterior fire-retardant- treated wood or approved non-combustible materials. c) Decking surface - shall pass the performance requirements of SFM 12-7A-4, Part A, 12-7A-4.7.5.1 only with a net heat release rate of 25kW/sq-ft for a 40-minute observation period and: i. Decking surface material shall pass the accelerated weathering test and be identified as exterior type. ii. The exterior wall covering to which it the deck is attached and within 10 feet of the deck shall be constructed of approved noncombustible or ignition resistant material. Exception: Walls are not required to comply with this subsection if the decking surface material conforms to ASTM E-84 Class B flame spread. 99. This new building/deck is in a Wildland-Urban Interface Area. The underside of cantilevered and overhanging appendages and floor projections shall maintain the 19 ignition-resistant integrity of exterior walls (CBC 7A.3), or the projection shall be enclosed to the grade. 100. Pools must be protected by a barrier that restricts access from adjacent properties and the street and an enclosure that isolates the pool from access to the home. Details of the barrier and enclosure must be included on the plan. 101. In-ground grease separator(s) will be required outside the building perimeter to handle wastewater from the restaurants and food court area. 102. Review and approval by the Marin County Health Department may be required prior to submittal for building permit plan review. Department of Public Works 103. A design-level geotechnical report shall be submitted for review prior to issuance of a building or grading permit. Supplemental subsurface exploration and site inspection/mapping shall be performed as appropriate. The project geotechnical engineer shall review the grading and building permit construction documents and provide plan review letter(s) prior to issuance of a building or grading permit. (Mitigation Measure GEO- 1, GEO-2, and GEO-4) 104. A design-level drainage system shall be prepared and submitted to DPW for review prior to issuance of a building permit. The drainage system shall be developed in consideration with the findings of the geotechnical report. (Mitigation Measure GEO-3) 105. Frontage Improvements on or near the Los Gamos Drive Right-Of-Way (ROW) shall include the following: a) Pavement restoration per a final paving plan reviewed and approved by the DPW. The final limit of paving scope will be determined at the end of the project based on actual site conditions. Please note, paving shall be kept in good repair at all times during site improvements and construction to the satisfaction of the DPW. Interim repaving during construction may be requested by the DPW. b) Access to the development should meet ADA requirements. 106. Prior to issuance of a building permit, provide a maneuvering exhibit with the appropriate fire apparatus and emergency vehicles using Autoturn or equivalent to demonstrate access to the satisfaction of the Fire Prevention Bureau. 107. Provide a sight distance exhibit demonstrating vehicles entering and exiting the main entrance to the development have adequate visibility. 108. A stop sign controlling outbound traffic from the site shall be installed near the bottom of the entrance ramp, with final location to the satisfaction of the DPW. 109. Prior to issuance of a building permit, a final striping and signage plan for the development shall be submitted to DPW for review. 20 110. A grading permit is required from DPW prior to commencement of grading and construction work. 111. A construction management plan shall be provided for review and approval by the City prior to issuance of building permit or grading permit. a) All materials and equipment shall be staged on-site, unless otherwise approved. b) The construction management plan shall include the traffic control plan to address on- site and off-site construction traffic. c) A screened security fence approved by the City shall be placed and maintained around the perimeter of the project and removed immediately following construction work. d) Proposed construction phasing and approximate timeline. e) Mass grading shall occur between April 15 through October 15, unless otherwise approved in writing by the DPW. f) Encroachment into creek setbacks during construction shall not be permitted without prior approval from DPW and any other agency having jurisdiction. 112. The project proposes 71,000 cubic yards (cy) of cut, 17,000 cy of fill, and 54,000 cy of export. Truck routes and staging shall be reviewed and approved by the City prior to issuance of grading permit. 113. A copy of the SWPPP and WDID number shall be submitted to DPW prior to issuance of a grading permit. 114. This project includes more than 5,000 square feet of total impervious area replacement and creation and therefore is considered a regulated project. The following documents are required to be provided in accordance with Marin County Stormwater Pollution Prevention Program (MCSTOPPP) and the Bay Area Stormwater Management Agencies Association (BASMAA) requirements: a) Stormwater Control Plan. A written document to accompany the plan set used primarily for municipal review to verify compliance with stormwater treatment requirements. (Needed to obtain a grading or building permit.) b) Stormwater Facilities Operations and Maintenance (O&M) plan. A written document and exhibit outlining facilities on-site and maintenance activities and responsibilities for property owners. (Provide prior to occupancy) c) Operations and Maintenance Agreement. A formal agreement between the property owner and the city that shall be recorded with the property deed. (Provide prior to occupancy) 115. All public streets and sidewalks that are impacted by the grading and construction operation for the project shall be kept clean and free of debris at all times. 116. The building manager of the office at 1401 Los Gamos Drive shall be notified at least 24 hours in advance of any partial closure of Los Gamos Drive during construction. 21 117. Prior to commencing work within the right-of-way, the applicant shall obtain an encroachment permit from the City of San Rafael Department of Public Works. 118. The proposed Entry Drive and Loop Drive roadways will be “private streets” per San Rafael Municipal Code (SRMC) Chapter 15.06. 119. Prior to the issuance of a building permit, the applicant shall pay a traffic mitigation fee for net new AM and PM trips. The current rate is $4,246 per trip. The traffic impact fee is calculated as $764,280 ($4,246 x 180) for the 78 net new peak AM and 102 net new peak PM trips (total of 180 net new peak-hour trips). This is based on the latest Addendum to the Traffic Impact Study by W-Trans dated October 7, 2021. 120. A construction vehicle impact fee shall be required at the time of building permit issuance, which is calculated at 1% of the valuation, with the first $10,000 of valuation exempt. Fire Department 121. The design and construction of all site alterations shall comply with the 2019 California Fire Code, current NFPA Standards, and all applicable City of San Rafael Ordinances and Amendments. 122. Deferred Submittals for the following fire protection systems shall be submitted to the Fire Prevention Bureau for approval and permitting prior to installation of the systems: a) Fire Sprinkler plans (Deferred Submittal to the Fire Prevention Bureau). b) Fire Standpipe plans (Deferred Submittal to the Fire Prevention Bureau) if applicable. c) Fire Underground plans (Deferred Submittal to the Fire Prevention Bureau) if applicable. d) Fire Alarm plans (Deferred Submittal to the Fire Prevention Bureau). 123. The fire apparatus access roadway must conform to all provisions in CFC Section 503 and Appendix D. A Fire Apparatus and Operations Plan shall be prepared for this project and shall show the following: a) Designated fire apparatus access roads and fire lanes including red curbing, FIRE LANE stenciling and signage that is approved by the San Rafael Parking Services Division. b) Fire Department aerial access provisions. c) Fire hydrant locations and appliance type (Clow model 960). d) Fire Department Connections (FDC). e) Double detector check valve locations. f) Premises identification. Illuminated address numbers, dimensions and location. g) Recessed Knox Box locations h) Fire Alarm annunciator panel locations. i) Fire extinguisher locations. Note type and cabinet height. j) Marked utility shut off locations. 22 k) NFPA 704 placards. l) Provide a note on the plan, as follows: The designated fire apparatus access roads and fire hydrants shall be installed and approved by the Fire Prevention Bureau prior construction of the building. The approved plan to be part of final plan set. Additional fire department access provisions are provided below. 124. A Knox Box is required at the primary point of first response to the building in order to access utility rooms, rec or meeting rooms and other secured spaces. A recessed mounted Knox Box # 3200 Series is required for new buildings; surface mount for all others. the Knox Box shall be clearly visible upon approach to the main entrance from the fire lane. Note the Knox Box must be installed from 72” to 78” above finish grade; show the location on the plans. https://www.knoxbox.com/commercial-knoxboxes/. 125. A Knox key switch is required for driveway or access road automatic gates. https://www.knoxbox.com/gate-keys-and-padlocks/ (if applicable). 126. On site fire hydrants will be required. Residential model: Clow 950. Commercial Model: Clow 960. The Prevention Bureau will identify the locations. a) When a building is fully sprinklered all portions of the exterior building perimeter must be located within 250-feet of an approved fire apparatus access road. b) The minimum width of the fire apparatus access road is 20-feet. c) The minimum inside turning radius for a fire apparatus access road is 28 feet. d) The fire apparatus access road serving this building is more than 150-feet in length; provide an approved turn-around. Contact the Fire Prevention Bureau for specific details. 127. If a building is over 30 feet in height, an aerial fire apparatus access roadway is required parallel to one entire side of the building. a) The Aerial apparatus access roadway shall be located within a minimum 15 feet and a maximum of 30 feet from the building. b) The minimum unobstructed width for an aerial fire apparatus access road is 26-feet. c) Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway, or between the roadway and the building. 128. Fire lanes must be designated; painted red with contrasting white lettering stating, “No Parking Fire Lane” A sign shall be posted in accordance with the CFC Section 503.3 and to the satisfaction and approval of the San Rafael Parking Services Division. 129. Hazardous Materials Placards shall be installed in accordance with NFPA 704 (if applicable). 130. Provide address numbers plainly visible from the street or road fronting the property. Numbers painted on the curb do not qualify as meeting this requirement. Numbers shall contrast with the background and shall be Arabic numbers or letters. Numbers shall be internally or externally illuminated in all new construction or substantial remodels. Number sizes are as follows: For residential – 4” tall with ½” stroke. For commercial – 6” tall with 23 ½” stroke. Larger sizes might be required by the fire code official or in multiple locations for buildings served by two or more roads. 131. This property is in a Wildland-Urban Interface (WUI) area. Provide a written Vegetation Management Plan (VMP) submitted to the San Rafael Fire Department. This VMP must be completed and verified prior to final approval. Refer to City of San Rafael Ordinance1856 that may be viewed at https://www.cityofsanrafael.org/vmp-san-rafael-fd/ or you may contact the Fire Department at (415) 485-3304 to schedule a time to meet with a vegetation management inspector. Requirement of continued compliance with the approved VMP must be placed within CC&R’s. The approved VMP must be added to the final approved plan set. Contact the Marin Municipal Water District (MMWD) to make arrangements for the water supply serving the fire protection system. Las Gallinas Valley Sanitary District 132. Trash Enclosures – Install permanent roofing and drainage system to prevent runoff from entering the sanitary sewer collection system. 133. Sheet C5 – The plans show a 6” SS lateral on paved surface identified as an easement for vehicle access, sewer service, and other public utilities in the Vesting Tentative Parcel Map. See District Ordinance Title 2, Chapter 1, Article VI for detailed requirements if this is a public sewer extension request. 134. The Utility Plan is preliminary and lacks detailed sanitary sewer information such as manhole depths, pipe slopes, plan and profile, etc. Submit complete design/construction plan set for review when available. 135. Submit design/construction plans to LGVSD for review when available. Plans must show including but not limited to the following: a table showing existing and proposed plumbing fixture count, existing and proposed floor plans showing location of plumbing fixtures, location of backwater prevention devices, sanitary sewer, cleanouts, manholes, and other relevant sanitary sewer details or information that may be applicable. Sanitary sewer design must comply with LGVSD standard specifications. 136. Private sewer main located in the Loop Drive shall be 8” HDPE SDR 17. The proposed 6” SS is not acceptable. The sewer lateral from each building shall not be less than 6”. 137. Replace tie-in manhole with new manhole per District standard details. 138. Upsize all existing 6” SS downstream of MH N032.23 to a minimum 8” or as determined by the capacity analysis. 139. Use LGVSD Standard Details for sanitary facilities such as manholes, manhole connection, sewer laterals, cleanout, trench backfill, etc., as applicable. Do not use Marin County Sanitary Districts Standard Details for LGVSD sanitary sewer. 140. For sewer mains outside of the proposed street right-of-way, if any, the sanitary sewer easement must be at least 10-ft wide and shall have no permanent structures within the easement area. Applicant shall provide adequate vehicle access to all sanitary manholes on the sewer main for District maintenance activities. At the minimum, the area needs to 24 be paved and accessible with a 39-foot long truck. The vehicle path shall provide adequate safety and access to District maintenance vehicles. Use design criteria per typical private road standards, such as minimum roadway width, max grade, max cross slope, with proper turnaround/hammerhead when appropriate, etc. 141. Sewer Flow Calculations a) The sanitary sewer system for the proposed 192 multifamily residential units, neighborhood market, and community center connects into the existing 6” SS at MH N032.23, which discharges into Northgate Industrial Park Pump Station. All sewer flow calculations and capacity analysis shall be performed by a registered Professional Engineer. i. Perform capacity analysis of the Northgate Industrial Park Pump Station and force main. ii. Northgate Industrial Park discharges into a Smith Ranch Pump Station. iii. The development would likely require an upgrade of both pump stations and force mains. b) District Preference: As an alternate, the 6” private sewer may be connected to MH T021.05, which discharges into John Duckett Pump Station. This pump station has a higher pumping and force main capacity than Northgate Industrial Park Pump Station. i. This requires capacity analysis for downstream sanitary sewer from MH T021.05 to John Duckett Pump Station. ii. There exist potential capacity limitations downstream MH T021.05. 1. See Exhibit A attached to comments dated 9/3/2021. Basin map K10, trunk sewer segment MH T000.11 to T000.00 (purple cloud, blue pipes) of the Terra Linda Trunk Sewer likely to be impacted by this alternative. The pipe segment with known capacity deficiency is MH T000.11 to T000.09 (red cloud). 2. See Exhibit B attached to comments dated 9/3/2021. Page B-1 of the Sewer System Management Plan (SSMP) Capacity Assessment for the corresponding capacity analysis of the sanitary sewers potentially impacted by this alternative. As shown on page B-1, the capacity deficiency is about 0.45 MGD. a. Applicant shall perform a hydraulic grade line analysis to determine if the existing sewer system can accommodate the additional flow from the proposed development. b. Based on the manhole rim and invert elevations shown, Applicant shall demonstrate that the proposed project will not cause sanitary sewer overflows along the trunk sewer (purple cloud, blue pipes), more particularly along the segment with known capacity deficiency. Assume a minimum manhole freeboard of 18” in the analysis. 3. If deemed necessary, flow monitoring may be required in order to perform a more detailed hydraulic modeling. 4. A full version of the SSMP is available in the following link: https://www.dropbox.com/s/au0g8x23l8unlgh/SSMP%20Capacity%20A ssessment%20by%20Nute%202008.pdf?dl=0 . 25 5. In addition, Applicant shall perform similar analysis for sewer pipe segment T021.05 to MH T000.11. Applicant shall field verify rodding inlet and manhole depths and pipe diameters in order to perform the analysis. At a minimum, the existing 6” SS from T021.05 to MH T000.11 downstream of the tie-in point shall be upsized to 8” HDPE SDR 17. All rodding inlets shall be replaced with manholes. 6. This requires capacity analysis of the John Duckett Pump Station and force main. c) Applicant shall be responsible for any capacity upgrades of existing sanitary sewer facilities that may be required for this project. d) In lieu of the Applicant providing the hydraulic analysis outlined in Items 2a and 2b above, the Applicant may request the District to hire a third-party consultant perform the analysis at the Applicant’s expense. 142. Applicant shall be responsible for the preparation of the following documents for review and approval by the District: a) Final sewer plans and specifications related to the Project. b) Flow calculations. Flow monitoring may also be required if deemed necessary. c) Hydraulic modeling and analysis of impacted sanitary sewer facilities. d) New sewer easements. e) Other documents deemed necessary by the District during the plan review process. 143. Article IX, Section 921 of the District Ordinance requires that all costs and expenses incident to the installation and connection of any sewer or other work for which a Permit has been issued shall be borne by the Applicant. 144. Article VII of the District Ordinance requires all sewer work to be inspected by the District. The District will hire a third-party inspector for this project. The Applicant shall coordinate inspection with the District inspector prior to installation of any sewer facilities and reimburse the District all inspection costs. 145. The Las Gallinas Valley Sanitary District discourages individual sewer pumps. The District will require a recordable non-responsibility covenant should a pump be required. 146. The District strongly discourages the construction of “back yard sewers” because of the difficulties in maintenance. Every effort should be made to construct sewers in public or private streets. Every manhole must be accessible via an unobstructed ten (10) foot wide easement from the nearest paved public roadway and subject to District review and approval. 147. The use of recycled water and dual plumbing where appropriate are strongly encouraged. 148. The District is not incurring any liability of any nature, including but not limited to mandate, damages, or injunctive relief. The District is making no representation to the Applicant nor waiving any rights it has under any applicable State or Federal law. In the event there is any court-imposed moratorium on the District, a connection to the District collection 26 system may not occur. In the event any government agency imposes a moratorium on the District, a connection to the District system may not occur. 149. Applicant shall reimburse the District for all plan review, field verification before and after construction, and inspection fees accrued associated with this project. 150. These are preliminary comments on PROJECT REFERRAL / TRANSMITTAL / SUBMITTAL RECEIVED ON 8/10/2021. Final approval in the form of a Will Serve Letter will not be granted until the District Board acts favorably on your Application of Allocation. 151. Note: Based on Miscellaneous Fee Schedule effective on July 1, 2021 preliminary cost estimates are: a) For new buildings, structures, and developments: i. $6,666 per Equivalent Sewer Unit; ii. Actual fees will be adjusted according to specific conditions and ENR adjustments outlined in the Ordinance. b) For existing buildings, structures, and developments: i. $333 per Plumbing Fixture Unit (PFU); ii. Credit may be given to existing plumbing fixtures; iii. Actual fees will be adjusted according to specific conditions and ENR adjustments outlined in the Ordinance. c) Connection fee will be assessed based on the Capital Facilities Charge per Equivalent Sewer Unit at the time of Will Serve Letter issuance. 152. Applicant must complete and submit Application for Allocation of Capacity to LGVSD along with application fee of $500. Application is available at http://www.lgvsd.org/wp- content/uploads/APPL-ALLOCATION-fillable.pdf. (Not applicable if Applicant has already submitted an application.) 153. Applicant is required to obtain a sewer permit from LGVSD for any sewer lateral work. The permit application is available at http://www.lgvsd.org/wp-content/uploads/NEW- LATERAL-PERMIT-FORM-2018-updatedFillable.pdf. Submit the permit application to the District office and call 24 hours in advance of backfill for lateral inspections. 154. For more information about District Ordinance and permitting process, please visit http://www.lgvsd.org/. District Standard Details/Specifications are available upon request. 155. Applicant shall submit plans electronically to LGVSD for review. Marin Water 156. The applicant must enter a pipeline extension agreement for the installation of pipeline to serve the project. 27 Pacific Gas & Electric—Gas Facilities 157. An engineering deposit may be required to review plans for a project depending on the size, scope, and location of the project and as it relates to any rearrangement or new installation of PG&E facilities. 158. Any proposed uses within the PG&E fee strip and/or easement, may include a California Public Utility Commission (CPUC) Section 851 filing. This requires the CPUC to render approval for a conveyance of rights for specific uses on PG&E’s fee strip or easement. PG&E will advise if the necessity to incorporate a CPUC Section 851 filing is required. 159. There could be gas transmission pipelines in this area which would be considered critical facilities for PG&E and a high priority subsurface installation under California law. Care must be taken to ensure safety and accessibility. So, please ensure that if PG&E approves work near gas transmission pipelines it is done in adherence with the below stipulations. Additionally, the following link provides additional information regarding legal requirements under California excavation laws: https://www.usanorth811.org/images/pdfs/CA-LAW- 2018.pdf 160. Standby Inspection: A PG&E Gas Transmission Standby Inspector must be present during any demolition or construction activity that comes within 10 feet of the gas pipeline. This includes all grading, trenching, substructure depth verifications (potholes), asphalt or concrete demolition/removal, removal of trees, signs, light poles, etc. This inspection can be coordinated through the Underground Service Alert (USA) service at 811. A minimum notice of 48 hours is required. Ensure the USA markings and notifications are maintained throughout the duration of your work. 161. Access: At any time, PG&E may need to access, excavate, and perform work on the gas pipeline. Any construction equipment, materials, or spoils may need to be removed upon notice. Any temporary construction fencing installed within PG&E’s easement would also need to be capable of being removed at any time upon notice. Any plans to cut temporary slopes exceeding a 1:4 grade within 10 feet of a gas transmission pipeline need to be approved by PG&E Pipeline Services in writing PRIOR to performing the work. 162. Wheel Loads: To prevent damage to the buried gas pipeline, there are weight limits that must be enforced whenever any equipment gets within 10 feet of traversing the pipe. Ensure a list of the axle weights of all equipment being used is available for PG&E’s Standby Inspector. To confirm the depth of cover, the pipeline may need to be potholed by hand in a few areas. Due to the complex variability of tracked equipment, vibratory compaction equipment, and cranes, PG&E must evaluate those items on a case-by-case basis prior to use over the gas pipeline (provide a list of any proposed equipment of this type noting model numbers and specific attachments). No equipment may be set up over the gas pipeline while operating. Ensure crane outriggers are at least 10 feet from the centerline of the gas pipeline. Transport trucks must not be parked over the gas pipeline while being loaded or unloaded. 163. Grading: PG&E requires a minimum of 36 inches of cover over gas pipelines (or existing grade if less) and a maximum of 7 feet of cover at all locations. The graded surface cannot exceed a cross slope of 1:4. 28 164. Excavating: Any digging within 2 feet of a gas pipeline must be dug by hand. Note that while the minimum clearance is only 12 inches, any excavation work within 24 inches of the edge of a pipeline must be done with hand tools. So to avoid having to dig a trench entirely with hand tools, the edge of the trench must be over 24 inches away. (Doing the math for a 24 inch wide trench being dug along a 36 inch pipeline, the centerline of the trench would need to be at least 54 inches [24/2 + 24 + 36/2 = 54] away, or be entirely dug by hand.) Water jetting to assist vacuum excavating must be limited to 1000 psig and directed at a 40° angle to the pipe. All pile driving must be kept a minimum of 3 feet away. Any plans to expose and support a PG&E gas transmission pipeline across an open excavation need to be approved by PG&E Pipeline Services in writing PRIOR to performing the work. 165. Boring/Trenchless Installations: PG&E Pipeline Services must review and approve all plans to bore across or parallel to (within 10 feet) a gas transmission pipeline. There are stringent criteria to pothole the gas transmission facility at regular intervals for all parallel bore installations. For bore paths that cross gas transmission pipelines perpendicularly, the pipeline must be potholed a minimum of 2 feet in the horizontal direction of the bore path and a minimum of 12 inches in the vertical direction from the bottom of the pipe with minimum clearances measured from the edge of the pipe in both directions. Standby personnel must watch the locator trace (and every ream pass) the path of the bore as it approaches the pipeline and visually monitor the pothole (with the exposed transmission pipe) as the bore traverses the pipeline to ensure adequate clearance with the pipeline. The pothole width must account for the inaccuracy of the locating equipment. 166. Substructures: All utility crossings of a gas pipeline should be made as close to perpendicular as feasible (90° +/- 15°). All utility lines crossing the gas pipeline must have a minimum of 12 inches of separation from the gas pipeline. Parallel utilities, pole bases, water line ‘kicker blocks’, storm drain inlets, water meters, valves, back pressure devices or other utility substructures are not allowed in the PG&E gas pipeline easement. If previously retired PG&E facilities are in conflict with proposed substructures, PG&E must verify they are safe prior to removal. This includes verification testing of the contents of the facilities, as well as environmental testing of the coating and internal surfaces. Timelines for PG&E completion of this verification will vary depending on the type and location of facilities in conflict. 167. Structures: No structures are to be built within the PG&E gas pipeline easement. This includes buildings, retaining walls, fences, decks, patios, carports, septic tanks, storage sheds, tanks, loading ramps, or any structure that could limit PG&E’s ability to access its facilities. 168. Fencing: Permanent fencing is not allowed within PG&E easements except for perpendicular crossings which must include a 16 foot wide gate for vehicular access. Gates will be secured with PG&E corporation locks. 169. Landscaping: Landscaping must be designed to allow PG&E to access the pipeline for maintenance and not interfere with pipeline coatings or other cathodic protection systems. No trees, shrubs, brush, vines, and other vegetation may be planted within the easement 29 area. Only those plants, ground covers, grasses, flowers, and low-growing plants that grow unsupported to a maximum of four feet (4’) in height at maturity may be planted within the easement area. 170. Cathodic Protection: PG&E pipelines are protected from corrosion with an “Impressed Current” cathodic protection system. Any proposed facilities, such as metal conduit, pipes, service lines, ground rods, anodes, wires, etc. that might affect the pipeline cathodic protection system must be reviewed and approved by PG&E Corrosion Engineering. 171. Pipeline Marker Signs: PG&E needs to maintain pipeline marker signs for gas transmission pipelines in order to ensure public awareness of the presence of the pipelines. With prior written approval from PG&E Pipeline Services, an existing PG&E pipeline marker sign that is in direct conflict with proposed developments may be temporarily relocated to accommodate construction work. The pipeline marker must be moved back once construction is complete. 172. PG&E is also the provider of distribution facilities throughout many of the areas within the state of California. Therefore, any plans that impact PG&E’s facilities must be reviewed and approved by PG&E to ensure that no impact occurs which may endanger the safe operation of its facilities. Pacific Gas & Electric—Electric Facilities 173. It is PG&E’s policy to permit certain uses on a case by case basis within its electric transmission fee strip(s) and/or easement(s) provided such uses and manner in which they are exercised, will not interfere with PG&E’s rights or endanger its facilities. Some examples/restrictions are as follows: a) Buildings and Other Structures: No buildings or other structures including the foot print and eave of any buildings, swimming pools, wells or similar structures will be permitted within fee strip(s) and/or easement(s) areas. PG&E’s transmission easement shall be designated on subdivision/parcel maps as “RESTRICTED USE AREA – NO BUILDING.” b) Grading: Cuts, trenches or excavations may not be made within 25 feet of our towers. Developers must submit grading plans and site development plans (including geotechnical reports if applicable), signed and dated, for PG&E’s review. PG&E engineers must review grade changes in the vicinity of our towers. No fills will be allowed which would impair ground-to-conductor clearances. Towers shall not be left on mounds without adequate road access to base of tower or structure. c) Fences: Walls, fences, and other structures must be installed at locations that do not affect the safe operation of PG&’s facilities. Heavy equipment access to our facilities must be maintained at all times. Metal fences are to be grounded to PG&E specifications. No wall, fence or other like structure is to be installed within 10 feet of tower footings and unrestricted access must be maintained from a tower structure to the nearest street. Walls, fences and other structures proposed along or within the fee strip(s) and/or easement(s) will require PG&E review; submit plans to PG&E Centralized Review Team for review and comment. d) Landscaping: Vegetation may be allowed; subject to review of plans. On overhead electric transmission fee strip(s) and/or easement(s), trees and shrubs are limited to those varieties that do not exceed 15 feet in height at maturity. PG&E must have 30 access to its facilities at all times, including access by heavy equipment. No planting is to occur within the footprint of the tower legs. Greenbelts are encouraged. e) Reservoirs, Sumps, Drainage Basins, and Ponds: Prohibited within PG&E’s fee strip(s) and/or easement(s) for electric transmission lines. f) Automobile Parking: Short term parking of movable passenger vehicles and light trucks (pickups, vans, etc.) is allowed. The lighting within these parking areas will need to be reviewed by PG&E; approval will be on a case by case basis. Heavy equipment access to PG&E facilities is to be maintained at all times. Parking is to clear PG&E structures by at least 10 feet. Protection of PG&E facilities from vehicular traffic is to be provided at developer’s expense AND to PG&E specifications. Blocked-up vehicles are not allowed. Carports, canopies, or awnings are not allowed. g) Storage of Flammable, Explosive or Corrosive Materials: There shall be no storage of fuel or combustibles and no fueling of vehicles within PG&E’s easement. No trash bins or incinerators are allowed. h) Streets and Roads: Access to facilities must be maintained at all times. Street lights may be allowed in the fee strip(s) and/or easement(s) but in all cases must be reviewed by PG&E for proper clearance. Roads and utilities should cross the transmission easement as nearly at right angles as possible. Road intersections will not be allowed within the transmission easement. i) Pipelines: Pipelines may be allowed provided crossings are held to a minimum and to be as nearly perpendicular as possible. Pipelines within 25 feet of PG&E structures require review by PG&E. Sprinklers systems may be allowed; subject to review. Leach fields and septic tanks are not allowed. Construction plans must be submitted to PG&E for review and approval prior to the commencement of any construction. j) Signs: Signs are not allowed except in rare cases subject to individual review by PG&E. k) Recreation Areas: Playgrounds, parks, tennis courts, basketball courts, barbecue and light trucks (pickups, vans, etc.) may be allowed; subject to review of plans. Heavy equipment access to PG&E facilities is to be maintained at all times. Parking is to clear PG&E structures by at least 10 feet. Protection of PG&E facilities from vehicular traffic is to be provided at developer’s expense AND to PG&E specifications. l) Construction Activity: Since construction activity will take place near PG&E’s overhead electric lines, please be advised it is the contractor’s responsibility to be aware of, and observe the minimum clearances for both workers and equipment operating near high voltage electric lines set out in the High-Voltage Electrical Safety Orders of the California Division of Industrial Safety (https://www.dir.ca.gov/Title8/sb5g2.html), as well as any other safety regulations. Contractors shall comply with California Public Utilities Commission General Order 95 (http://www.cpuc.ca.gov/gos/GO95/go_95_startup_page.html) and all other safety rules. No construction may occur within 25 feet of PG&E’s towers. All excavation activities may only commence after 811 protocols has been followed. m) Contractor shall ensure the protection of PG&E’s towers and poles from vehicular damage by (installing protective barriers) Plans for protection barriers must be approved by PG&E prior to construction. 174. PG&E is also the owner of distribution facilities throughout many of the areas within the state of California. Therefore, any plans that impact PG&E’s facilities must be reviewed 31 and approved by PG&E to ensure that no impact occurs that may endanger the safe and reliable operation of its facilities. VESTING TENTATIVE PARCEL MAP CONDITIONS OF APPROVAL Community Development Department—Planning Division 175. The Vesting Tentative Parcel Map shall be valid for a period of three (3) years from the date of Council approval and shall become null and void unless a Final Vesting Parcel Map has been recorded or a time extension is granted. 176. Prior to issuance of building permits or prior to the recordation of a Final Vesting Parcel Map, whichever occurs first, the developer shall pay to the City in lieu parkland dedication fees for 192 new units in accordance with the provisions of City Council Ordinance No. 1558. Department of Public Works 177. A Final Map shall be required to be filed and approved by the Department of Public Works. 178. Should the applicant elect to record the final map prior to completion of the subdivision improvements, a subdivision improvement agreement shall be required. As part of this agreement bonds shall be required based on the engineer’s estimate. The current fees for the subdivision: a) $2,615.00 Improvement Plan Check b) $3,285.00 minimum, (or actual cost if greater) for Pinal Map Plan Check, c) $1,464.00 Subdivision Improvement Inspection Fees. 179. Prior to occupancy, the Parcel Map shall be recorded with the Marin County Recorder’s Office. 32 Exhibit—The Neighborhood at Los Gamos Affordable Unit Distribution Plan 33 34 35 36 37 Attachment 5 Public Correspondence December 20, 2021 To: Jeff Hamilton Contract Planner From: Donna Whitney Building Manager for 1401 Los Gamos Drive San Rafael Mr. Hamilton, I would like to submit some concerns on behalf of the owner and myself, as manager, regarding the project known as “The Neighborhood” on Los Gamos Drive. After attending the meeting by the Planning Department of the City of San Rafael on Tuesday, December 14th the owner and I are feeling somewhat discouraged in regard to how the City of San Rafael will be protecting our 1401 Los Gamos Drive building and our tenants. Specifically, we have not been given any assurances, or consideration thereof, of how the construction of this project and the resulting impact of the project will be anything but detrimental to traffic flow, parking, and ease of transportation for our end of the road. With the project only having 225 parking spaces, plus the 12 at the market (only after hours), there will be a total of 237 parking spaces for a minimum of 384 additional cars using Los Gamos Drive. I realize the parking spaces meet California guideline estimates, but what recourse do I have to protect my parking lot area at 1401 Los Gamos against the additional 147 cars who will need parking? Even if the tenants do not use their cars and work from home, where will their cars be parked all day and all night? The street is one answer, and we fear the other answer will be the parking lot right in front of the 1401 Los Gamos building. This causes a major issue for my tenants and their visitors to the building. We would like to be provided with an exact map of the 1401 Los Gamos property, showing property lines and a clear delineation of the easement that was granted years ago for access to the property where the new project is proposed. By our reckoning, the “driveway” is located directly across from marked parking for our building on our property. Will there be traffic flow measures? A stop sign? Our concern is with cars exiting the property. Even before that there will be enormous amounts of construction equipment coming and going through and exiting at that intersection. You may well imagine our concern. The intersection of the driveway and Los Gamos Drive is at the top of a crest. Who will look to their right upon exiting onto a road that essentially is a dead end? We are not advocates for this project, nor for any project that proceeds without due consideration to existing buildings and businesses. We fear an impact in front of our building, and behind it. The planting of mature trees at our rear-facing property line may “hide” the looming buildings, unfortunately there is no camouflage for the problems of traffic flow, during construction and afterwards, for a project this large. We sincerely request a response from the Planning Commissioner and the City Counsel of San Rafael. Could there be a consideration of a possible plan for a smaller project? Thank you Kindly, Denise Filakosky, Owner and Donna Whitney, Building Manager CITY OF SAN RAFAEL NOTICE OF PUBLIC HEARING You are invited to view and participate online for the City Council hearing on the following project: DATE/TIME/PLACE: Monday, February 7, 2022 at 7:00 P.M. COVID-19 ADVISORY NOTICE: Consistent with Executive Orders No.-25-20 and No. N-29-20, the San Rafael City Council hearing of February 7, 2022 WILL NOT be physically open to the public and the meeting will be streamed live to YouTube at http://www.youtube.com/cityofsanrafael. Instructions on how to participate online, will be available on the YouTube channel. You will also be able to comment through a conference call during the meeting (number will be provided on agenda) PROJECT: The Neighborhood at Los Gamos – General Plan Amendment GPA 20-001 (from Hillside Resource Residential to Neighborhood Commercial Mixed Use); Zone Change ZC 20-002 (from Planned District – Hillside Development Overlay District (PD-H) and Residential – Hillside Development Overlay District (R2a-H) to Planned Development District (PD); Vesting Tentative Parcel Map (to combine and adjust the boundaries of the existing parcels); and Environmental and Design Review ED 20-058; for a mixed-use project with 192 multifamily residential units; a 5,574 square foot market; a 5,003 square foot community center; and 225 at-grade and semi-subterranean parking spaces; on a 10.24 acre site located on Los Gamos Road north of Oleander Drive; on APN 165-220- 06 and 165-220-07; Christopher Hart, Applicant and Property Owner; Mont Marin/San Rafael Park Neighborhood. SCH #2021110004 As required by State law (California Environmental Quality Act) this project is subject to a review of potential environmental impacts. An assessment of potential impacts (Initial Study) has been completed. The Initial Study concludes that the project has the potential to result in significant environmental effects. However, the Initial Study finds that the potentially-significant impacts can be reduced or eliminated by requiring and implementing recommended measures. The Initial Study recommends the adoption of a Mitigated Negative Declaration, which includes the recommended mitigation measures. The Initial Study/Mitigated Negative Declaration is available for review at the Community Development Department (address below) and online at https://www.cityofsanrafael.org/los_gamos_apartments/. Pursuant to the provisions of the California Environmental Quality Act Guidelines, the Initial Study/Mitigated Negative Declaration was made available for public review from Tuesday, November 2, 2021 to Tuesday, November 30, 2021. WHAT WILL HAPPEN: You may comment on the project on line or via conference call. The City Council will consider all public testimony and decide whether to approve or deny the project applications. IF YOU CANNOT ATTEND: You may send a letter to Lindsay Lara, City Clerk, City of San Rafael, 1400 5th Ave, San Rafael, CA 94901 or via email Lindsay.Lara@cityofsanrafael.org. FOR MORE INFORMATION: Contact Sean Kennings, Contract Planner at Sean@lakassociates.com. Please note that City offices are currently opened limited walk-in hours, every Tuesday and Thursday from 8:30 a.m. to 12:30 p.m., and by appointment. You may contact the planner for more information. You may also view the staff report after 5:00 p.m. on the Friday before the meeting at http://www.cityofsanrafael.org/meetings. You can review project materials on the City’s website at https://www.cityofsanrafael.org/los_gamos_apartments/ SAN RAFAEL CITY COUNCIL /s/ Alicia Guidice Alicia Guidice COMMUNITY DEVELOPMENT DIRECTOR (Please publish in the Marin Independent Journal on or before Saturday, January 22, 2022.)