Press Alt + R to read the document text or Alt + P to download or print.

No preview available

The URL can be used to link to this page

Home My WebLink AboutOrdinance 2043 (Northgate Town Square Project Ordinance Adoption)CLERK’S CERTIFICATE I, LINDSAY LARA, City Clerk of the City of San Rafael, and Ex-Officio Clerk of the Council of said City, do hereby certify that the foregoing ORDINANCE NO. 2043 AN ORDINANCE OF THE SAN RAFAEL CITY COUNCIL APPROVING AN AMENDMENT TO THE CITY OF SAN RAFAEL ZONING MAP TO REZONE THE NORTHGATE TOWN SQUARE REDEVELOPMENT PROJECT SITE FROM GENERAL COMMERCIAL (GC) TO THE NORTHGATE TOWN SQUARE PLANNED DEVELOPMENT (PD) DISTRICT CONSISTENT WITH SAN RAFAEL MUNICIPAL CODE CHAPTER 14.07 (PLANNED DEVELOPMENT DISTRICT) AND SECTION 14.27.060, APPROVE THE NORTHGATE TOWN SQUARE PD DEVELOPMENT PLAN, AND APPROVE THE NORTHGATE TOWN SQUARE PD DEVELOPMENT STANDARDS , TOGETHER WITH MAKING CEQA FINDINGS OF FACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE PROJECT (APNS 175-060-12, 175-060-40, 175-060-59, 175-060-61, 175-060-66, and 175-060-67) is a true and correct copy of an Ordinance of said City, and was introduced at a REGULAR meeting of the City Council of the City of San Rafael, held on the 2nd day of December 2024; a SUMMARY of Ordinance No. 2043 was published as required by City Charter in the MARIN INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael, and passed and adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said City, held on the 16th day of December 2024, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official Seal of the City of San Rafael this 17th day of December 2024 ______________ LINDSAY LARA, City Clerk 1 ORDINANCE NO. 2043 AN ORDINANCE OF THE SAN RAFAEL CITY COUNCIL APPROVING AN AMENDMENT TO THE CITY OF SAN RAFAEL ZONING MAP TO REZONE THE NORTHGATE TOWN SQUARE REDEVELOPMENT PROJECT SITE FROM GENERAL COMMERCIAL (GC) TO THE NORTHGATE TOWN SQUARE PLANNED DEVELOPMENT (PD) DISTRICT CONSISTENT WITH SAN RAFAEL MUNICIPAL CODE CHAPTER 14.07 (PLANNED DEVELOPMENT DISTRICT) AND SECTION 14.27.060, APPROVE THE NORTHGATE TOWN SQUARE PD DEVELOPMENT PLAN, AND APPROVE THE NORTHGATE TOWN SQUARE PD DEVELOPMENT STANDARDS , TOGETHER WITH MAKING CEQA FINDINGS OF FACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE PROJECT (APNS 175-060-12, 175-060-40, 175-060-59, 175-060-61, 175-060-66, and 175-060-67) WHEREAS, the Northgate Mall, located at 5800 Northgate Drive, began operation in 1964, underwent major renovations in 1987 to enclose the original open-air design, and was subsequently renovated and altered in 2008; and currently consists of approximately 766,507 square feet of commercial space in multiple buildings plus a movie theater, parking structure and surface parking lots; and WHEREAS, the term “Project” shall mean the Northgate Town Square Project as approved by the City of San Rafael, including Phase 1 (2025) includes operation of 501,941 square feet of commercial space, 864 residential units (87 deed restricted below market rate units affordable to low-income households), and privately owned publicly accessible open space and recreational uses including but not limited to the 56,975 square foot Town Square, 9,604 bicycle hub, and bicycle and pedestrian facilities. Phase 2 (2040) includes operation of 219,380 square feet of commercial space, 1,422 residential units (including 143 deed restricted below market rate units affordable to low-income households); and WHEREAS, the term “Project Site” shall mean the approximately 44.76 acre property commonly known as the Northgate Mall and encompassing the Project as represented on Sheet SD-12 of the approved plan set, inclusive of APN #s 175-060-012, -040, -059, -061, -066, and - 067; and WHEREAS, in 2017 Merlone Geier Partners purchased the Project Site from The Macerich Company; and WHEREAS, on March 10, 2021, David Geiser, on behalf of Merlone Geier Partners submitted Project applications to the City of San Rafael Community and Economic Development Department for a Planned Development (PD) Rezoning (ZC21-001), Vesting Tentative Subdivision Map (TS21-002), Master Use Permit (UP21-007), Environmental and Design Review Permit (ED21-024) and associated Density Bonus application, Master Sign Program (SR24-002), and Development Agreement (DA21-001) for the phased redevelopment of the Northgate Mall, into a mixed-use development with retail and residential components, referred to as the Northgate Town Square Project and/or the Northgate Mall Redevelopment Project; and WHEREAS, the application for rezoning to a PD District includes a development plan and incorporates the information required pursuant to San Rafael Municipal Code Section 14.07.060; and WHEREAS, during initial review of the application materials, the City of San Rafael determined that the proposed redevelopment is a “Project” pursuant to Public Resources Code Section 21000 et seq. (the California Environmental Quality Act, or “CEQA”) and Section 15378 of the CEQA Guidelines; and 2 WHEREAS, the City of San Rafael obtained the services of LSA Associates, Inc. to prepare documentation of the Project’s environmental impacts consistent with CEQA; and WHEREAS, on September 14, 2021, the San Rafael Planning Commission and Design Review Board held a Joint Study Session to provide feedback to the applicant regarding the Project’s land use and design components; and WHEREAS, on December 9, 2021, a Notice of Preparation (NOP) of an Environmental Impact Report (EIR) was published with the State Clearinghouse, filed with the Marin County Clerk, published on the City of San Rafael website, circulated in the Marin Independent Journal, and mailed to all owners and occupants of property within a 300-foot radius of the Project Site, commencing a public comment period on the scope and contents of the EIR, extending through January 14, 2022; and WHEREAS, on January 11, 2022, in compliance with local regulations and CEQA Section 21083.9, the Planning Commission held a duly noticed public scoping meeting on the NOP to take comments for preparation of the EIR; and WHEREAS, commenters provided verbal comments at the January 11, 2022, scoping meeting and 55 written comments during the NOP comment period; and WHEREAS, comments received in response to the NOP generally related to: project size, consistency with the San Rafael General Plan and other planning and policy documents; residential density and inclusionary housing; visual character, scenic views, and nighttime lighting; archaeological and tribal resources; stability of site soils; water quality, stormwater treatment, and nearby waterways; hazards and hazardous materials; vehicle trips, traffic congestion, vehicle miles traveled (VMT), circulation, emergency access, alternative modes of travel, and parking; air quality and health risks; greenhouse gas emissions, energy consumption, and use of backup energy sources; noise and vibration; public services; parks and recreational services; water supply, infrastructure improvement, and solid waste services; nesting birds, bats, and wildlife corridors; wildfire and emergency evacuation; and cumulative impacts; and WHEREAS, on March 9, 2022, the applicant submitted revisions to the Project application in response to feedback at the joint study session of the Planning Commission and Design Review Board held on September 14, 2021; and WHEREAS, on March 14, 2022, the application was resubmitted to the City of San Rafael Community and Economic Development Department, Planning Division for review; and WHEREAS, on May 17, 2022, the City of San Rafael Design Review Board held a public meeting to provide feedback on the Project, including revisions made to address comments provided at the September 14, 2021, Joint Study Session of the Planning Commission and Design Review Board; and WHEREAS, on November 29, 2022, the Planning Commission conducted a Study Session to provide feedback and comments on revisions made to address Planning Commission, Design Review Board, and community feedback; and WHEREAS, on May 8, 2023, the applicant submitted revisions to the Project application in response to feedback from both the Design Review Board and Planning Commission; and WHEREAS, on July 21, 2023, the applicant submitted further revisions and refinements to the Project application; and WHEREAS, on July 18, 2023, the Design Review Board held a public meeting to provide feedback on the Project, including revisions made to address comments provided at the preceding study sessions and public meetings; and 3 WHEREAS, on September 6, 2023, the Design Review Board held a public meeting to provide feedback on the Project, including revisions made to address comments provided at the preceding study sessions and public meetings; and WHEREAS, on November 3, 2023, the applicant submitted revisions to the Project application; and WHEREAS, between March 10, 2021, and August 26, 2024, the applicant conducted approximately 40 community outreach meetings with various community groups, organization, and nearby residents to receive feedback about the Project; and WHEREAS, on January 5, 2024 a Notice of Completion (NOC) and Notice of Availability (NOA) of the Draft EIR (DEIR) was filed with the State Clearinghouse and the Marin County Clerk, circulated in the Marin Independent Journal, and mailed to interested persons, property owners and occupants of property within the 94903 zip code, and to all responsible, trustee and other public agencies, and was published on the City’s website, and made available for a 45-day public comment period, beginning on January 5, 2024 and closing at 5:00 p.m. on February 19, 2024; and WHEREAS, the City prepared and distributed copies of the DEIR in conformance with CEQA, specifically CEQA Guidelines Section 15086, to those public agencies that have jurisdiction by law with respect to the Project and to other interested persons and agencies, and sought the comments of such persons and agencies; and WHEREAS, on January 25, 2024, the City of San Rafael extended the 45-day public comment period on the DEIR to March 5, 2024; and WHEREAS, the Planning Commission held a public hearing on February 13, 2024, to consider the DEIR, the purpose of the hearing being to inform the public about the contents of the DEIR and to receive oral comments about the adequacy and accuracy of the DEIR; and WHEREAS, written and oral comments on the DEIR have been received and responses to those comments have been prepared in the form of a Response to Comments Document and Final Environmental Impact Report ("RTC Document"), which together with the DEIR constitutes the FEIR; and WHEREAS, on June 4, 2024, the applicant submitted a Revised Project to respond to comments received from the Planning Commission, Design Review Board, and members of the public and for evaluation in the RTC Document; and WHEREAS, the Revised Project now is the final version of the Project before the City for consideration and includes a two-phase, mixed-use development, described as the 2025 Master Plan (Phase 1) and 2040 Vision Plan (Phase 2); and WHEREAS, Phase 1 of the Revised Project consists of demolition of approximately 308,946 square feet of existing commercial space, ongoing use of approximately 457,561 square feet of existing commercial space, construction of approximately 44,380 square feet of new commercial space (resulting in approximately 501,941 square feet of net total commercial space), construction of 864 residential units (inclusive of 87 low-income units), construction of an approximately 56,975 square foot Town Square, construction of an approximately 9,604 square foot bike hub with amenities, and construction of other site improvements including but not limited to bicycle and pedestrian facilities, parking areas, fencing, lighting, landscaping, stormwater management areas, and signage; and WHEREAS, Phase 2 of the Revised Project includes demolition of another approximately 4 339,861 square feet of the original existing commercial space, ongoing use of the remaining approximately 117,700 square feet of original existing commercial space, plus the approximately 44,380 square feet of new Phase 1 commercial space, construction of approximately 57,300 square feet of additional new commercial space (resulting in approximately 219,380 square feet of net total commercial space), and construction of an additional 558 residential units (inclusive of 56 affordable units); and WHEREAS, at full buildout, the Revised Project includes 219,380 square feet of commercial space, 1,422 residential units (inclusive of 143 units affordable to lower income households), and all site improvements and amenities including the 56,975 square foot Town Square, 9,604 square foot bike hub with amenities, bicycle and pedestrian facilities, parking areas, fencing, lighting, landscaping, stormwater management areas, and signage; and WHEREAS, on June 4, 2024, as part of the Revised Project the applicant withdrew the Development Agreement (DA21-001) application; and WHEREAS, the Planned Development District contains all contents set forth in Section 14.07.100 of the San Rafael Municipal Code; and WHEREAS, on August 26, 2024, Merlone Geier Partners held a Community Open House at the Project Site to engage with the community about the Revised Project; and WHEREAS, the Revised Project is described in the RTC Document, including analysis of any changes in the environmental impacts or feasible mitigation from the original Project analyzed in the DEIR; and WHEREAS, as outlined in Chapter 2 of the RTC Document, the Revised Project is determined to not present a substantial modification to the Project description as analyzed in the DEIR, and therefore does not trigger requirements for recirculation consistent with CEQA guidelines; and WHEREAS, the environmental effects of the Revised Project have been analyzed and compared to the environmental effects presented in the DEIR, and that analysis has been included in the RTC Document, concluding that: a) No new significant environmental impacts not previously identified in the DEIR would result from the Revised Project, and b) No substantial increase in the severity of a previously identified environmental impact has been identified as resulting from the Revised Project, and no additional mitigation measures are necessary to reduce such impacts to a level of insignificance, and c) There is no feasible alternative or mitigation measure considerably different from others previously analyzed in the DEIR that would clearly lessen significant environmental impacts of the Revised Project and that the Project applicant declines to adopt; and WHEREAS, on September 24, 2024, the Planning Commission held a publicly noticed study session to review the Revised Project and provide clarification of the scope of the Project and anticipated milestones; and WHEREAS, notice of public hearing was published in the Marin Independent Journal on October 12, 2024, posted onsite, and mailed to interested persons, property owners and occupants of properties within the 94903 zip code, and to all responsible, trustee and other public agencies that commented on the DEIR, informing them of the Planning Commission hearing on October 29, 2024, for recommendation to the City Council, and the RTC Document was released for public review on October 18, 2024; and WHEREAS, the RTC Document was circulated for more than the required 10-day public 5 review period beginning on October 18, 2024, and extending through City Council consideration, on December 2, 2204; and WHEREAS, the City distributed copies of the RTC Document in conformance with CEQA to those public agencies that have jurisdiction by law with respect to the Project and to other interested persons and agencies, and sought the comments of such persons and agencies; and WHEREAS, on October 29, 2024, the Planning Commission held a duly noticed public hearing to consider the FEIR and all Project entitlements, including the Planned Development Rezoning (ZC21-001), Vesting Tentative Subdivision Map (TS21-002), Master Use Permit (UP21- 007), Environmental and Design Review Permit (ED21-024), and Master Sign Program (SR24- 002), accepting all oral and written public testimony and the written staff report published in advance of the hearing; and WHEREAS, at the duly noticed public hearing on October 29, 2024, the Planning Commission adopted Resolution No. 24-06, recommending that the City Council certify the FEIR on the basis of its compliance with all requirements of CEQA, and approve findings of fact, a statement of overriding considerations, and a mitigation monitoring and reporting program; and WHEREAS, also at the duly noticed public hearing on October 29, 2024, following adoption of a recommendation to City Council to certify the FEIR, the Planning Commission adopted Resolution 24-07, recommending that the City Council adopt a Zoning Amendment to establish the Northgate Town Square Planned Development District, approve the associated Northgate Town Square Development Plan, and Rezone the Northgate Mall Property from General Commercial to the Northgate Town Square Planned Development District; and WHEREAS, on November 22, 2024, the City published an Addendum to the RTC Document that included responses to approximately 20 public comment letters received during the public comment period on the DEIR but which had previously been omitted from the RTC Document; and WHEREAS, the City received additional comment letters regarding the DEIR and the RTC Document prior to the Planning Commission’s October 29, 2024 public hearing and the City prepared responses to those comments in a Supplemental RTC that was also published by the City on November 22, 2024; and WHEREAS, also on November 22, 2024, the City sent additional notification to Sonoma Marin Area Rail Transit (SMART) and Marin Transit as public agencies that had previously submitted comments on the DEIR in compliance with CEQA requirements, sent at least ten days prior to the City Council’s consideration of the FEIR for certification; and WHEREAS, San Rafael Municipal Code Section 14.07.040 requires the Planning Commission to make a recommendation to the City Council for all applications to reclassify property to a Planned Development District and provides the City Council as the decision-making body to approve, conditionally approve, or deny rezonings and/or development plan applications; and WHEREAS, notice of public hearing was published in the Marin Independent Journal on November 16, 2024, posted onsite, and mailed to interested persons, property owners, and occupants of all properties with the 94903 zip code, and to all responsible, trustee, and other public agencies that commented on the DEIR informing them of the City Council hearing on December 2, 2024 for consideration of the certification of the FEIR and approval of the Project entitlements; and 6 WHEREAS, on December 2, 2024, 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 Community and Economic Development Department; and WHEREAS, on December 2, 2024, at a duly noticed public hearing and by adoption of Resolution No. 15359 the City Council certified the FEIR for the Project; and WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based is the Community and Economic Development Department of the City of San Rafael; and WHEREAS, as required by San Rafael Municipal Code Sections 14.07.090 and 14.27.060, the City Council makes the findings outlined below in support adoption of an Ordinance approving a Zoning Amendment to establish the new Northgate Mall Planned Development District as outlined in Exhibit “G” (Planned Development District Standards), approve the Northgate Town Square Development Plan as shown in Exhibit “F” (Northgate Town Square Development Plan), and rezone the property described in Exhibit “E” (Property Legal Description) from General Commercial to the Northgate Town Square Planned Development District. WHEREAS, the proposed Zoning Amendment to adopt the Northgate Town Square Planned Development (PD) District Regulations and Development Plan is in general conformity with the San Rafael General Plan 2040 in that it is consistent with the Community Commercial Mixed Use land use designation and will allow for the phased redevelopment of the site into a mixed-use project containing commercial, residential, and public amenity uses. WHEREAS, consistent with San Rafael Municipal Code Section 14.27.060, the proposed Zoning Amendment to adopt the Northgate Town Square Planned Development (PD) District Regulations and Development Plan is consistent with the five essential guiding principles of the San Rafael General Plan 2040, which seek to contribute to building a thriving community through: • Economic Vitality. The zoning amendment will support economic vitality by allowing redevelopment of an underutilized commercial property with new and revitalized commercial uses of various sizes and configurations, thereby encouraging diverse job growth and sustaining a healthy tax base. • Opportunity for All. The zoning amendment will provide flexibility for developing the site as compared to the existing General Commercial zoning designation. The PD District includes regulations for minimum usable open space for residential uses and will also provide an approximately 56,975 square foot Town Square and other publicly accessible open space amenities. As such, the zoning amendment is consistent with this guiding principle as it will facilitate redevelopment of the site which proposes to provide access to open space amenities and opportunities for residential and commercial users, as well as the to the general public, thereby improving health and wellness opportunities for the community. • Housing Our Growing Community. The zoning amendment will allow redevelopment of the site into a mixed-use development that includes 1,422 residential units, including 143 units affordable to low-income households. As such, the zoning amendment is consistent with this guiding principle as it will facilitate redevelopment of the site, thereby building more housing, increasing housing choices for the local workforce, and improving housing affordability. • Adapting to the Future. The zoning amendment will allow redevelopment of the underutilized Northgate Mall into a mixed-use development that includes a publicly accessible open space in the center of the site, referred to as the Town Square, as well 7 as other publicly accessible recreation amenities, including a bike fix-it station, and bicycle and pedestrian multi-use pathways. As such, the zoning amendment is consistent with this guiding principle as it will facilitate redevelopment of the site, thereby creating public spaces and accommodating change at the site. The Project is also consistent with this guiding principle as it provides for housing, including affordable housing, in an area that is prioritized for development, thereby adapting to a future that reduces reliance on single-occupancy vehicles by placing homes near goods, services, and transportation. • Mobility. The zoning amendment is consistent with this guiding principle as redevelopment of the site will improve bicycle and pedestrian travel by integrating multi-modal paths around and throughout the site, installing a bike fix it station, and increasing bicycle parking. The developer is providing financial contribution to help fund improvements to the Merrydale connection between the site and the Marin Civic Center SMART station, which is consistent with this guiding principle as it will enhance access to public transit. WHEREAS, consistent with San Rafael Municipal Code Section 14.27.060, the City Council finds that the public health, safety, and general welfare are served by the adoption of the Northgate Town Square Planned Development (PD) District Regulations and Development Plan in that it implements the General Plan, and the Development Plan, as proposed and conditioned, conforms with applicable City standards. The Project also serves the public health, safety, and welfare, as it will investment in the site, prevent further vacancy decline, provide a variety of housing, commercial, and recreational opportunities, and will strengthen the role of the North San Rafael Town Center by creating an attractive, thriving area that is an economically viable centerpiece of commerce and activity. The Project will also enhance the site by upgrading the appearance of buildings, improving landscaping and outdoor spaces, providing community services, providing multi-use pathways, and incorporating appropriate transitions between existing residential development south of the site and taller, denser residential buildings and commercial buildings to the north Furthermore, an Environmental Impact Report was prepared for the Project, including all feasible mitigation measures to reduce impacts to a less-than-significant level, and a statement of overriding considerations has been prepared which weighs the benefits of the Project with the significant and unavoidable environmental impacts, and as proposed and conditioned all feasible mitigation measures will be implemented to reduce to the extent possible, those significant and unavoidable impacts. WHEREAS, as required by San Rafael Municipal Code Section 14.07.090, the City Council finds that the Northgate Town Square Development Plan is consistent with the general plan, adopted neighborhood plans and other applicable city plans or policies as fully documented in Exhibit D (General Plan Consistency Analysis) which is attached hereto and incorporated herein by this reference. The following provides a summary of the Northgate Town Square PD District and Development Plan’s consistency with the General Plan 2040 policies and programs: • Land Use Element The Project is consistent with the Land Use Element of the 2040 General Plan, in that: • Adequate infrastructure is available to serve the proposed development along with existing development in the area (Policy LU-1.2 Development Timing). • The Project focuses a mixed-use Project, including new residential development in an area proximate to the Marin Civic Center SMART Station and bus stops (Policy LU-1.3 Land Use and Climate Change). • The Project proposes a residential density of 31.8 which is within the established range for the Community Commercial Mixed Use Land Use 8 Designation, which provides for a residential density between 21.8 to 43.6 units per net acre (Policy LU-1.8 Density of Residential Development; Program LU- 1.8B Minimum Densities). • The Project, at buildout, proposes a non-residential intensity (floor area ratio) of 0.11 where 0.3 is the maximum intensity allowed in the Community Commercial Mixed Use Land Use Designation (Policy LU-1.10 Intensity of Non-Residential Development). • The Project includes establishment of the Northgate Town Square Planned Development District, which allows flexible design standards on a site that is greater than five aces (Policy LU-1.15 Planned Development Zoning). • The Project includes a variety of building types, scales, and heights and utilizes concessions and waivers permitted by State Density Bonus Law, allowing for a maximum building height of 78-feet across the site (Policy LU-1.18 Height Bonuses). • The Project will enhance the existing site by upgrading the appearance of buildings, improving landscaping and outdoor spaces, providing community services, providing multi-use pathways, and incorporating appropriate transitions between existing residential development south of the site and taller, denser residential buildings and commercial buildings to the north (Policy LU- 3.2 New Development in Residential Neighborhoods). • The Project includes for-sale townhomes and rental apartments at a range of affordability levels, unit types, and unit sizes (Policy LU-3.3 Housing Mix). • As conditioned, the owner of the site will be required to maintain the property in good condition, including conditions of approval related to ongoing maintenance of landscaped areas in parking lots, stormwater facilities operations and maintenance, and waste and recycling maintenance for commercial and residential uses. (Policy LU-3-4 Property Maintenance; Policy LU-3.4B Conditions of Approval). • Neighborhoods Element The Project is consistent with the Neighborhoods Element of the 2040 General Plan, in that: • The Project will maintain North San Rafael’s character as an attractive, suburban community with a strong sense of community identity through provisions for commercial, residential, open spaces, and amenity uses located in a central and easy to access location (Policy NH-4.1 North San Rafael). • The Project will strengthen the role of the North San Rafael Town Center as an attractive, thriving heart for the North San Rafael community as it includes a mix of for-sale and rental housing options of various sizes, will update the site with existing and new commercial uses, and includes publicly accessible open space, including a 56,975 square foot Town Square with a variety of amenities (Policy NH-4.2 North San Rafael Town Center). • The Project includes a 56,975 square foot Town Square which will provide a day-to-day public outdoor gathering space as well as provide a public space that supports community activities and entertainment such as periodic arts and cultural events. The Project also includes provisions for outdoor patio dining, a children’s play area within the Town Square, and other uses that provide outdoor seating (Program NH-4.2B Outdoor Gathering Places). • The Town Square and provisions in the PD District guidelines will facilitate ongoing community events such as a farmers’ market (Program NH-4.2D 9 Farmers Market). • As proposed and conditioned, the Project will improve access between the site and surrounding area through installation of pedestrian and bicycle paths throughout and around the entirety of the Project Site, installation of a multi- modal path along the Las Gallinas Avenue frontage, and financial contribution of $500,000 that will be used to support improved access from the site to the nearby Civic Center Sonoma Marin Area Rail Transit Station (Policy NH-4.4 Transportation Safety and Accessibility). • Community Design and Preservation Element The Project is consistent with the Community Design and Preservation Element of the 2040 General Plan, in that: • The Project Site is located in an urbanized and built-up area, surrounded by development of varying density and intensity. Though the Project will increase building heights on the site, it is appropriate for and respectful of the context of the surrounding area. The Project design improves the appearance and function of the North San Rafael Town Center as it includes redevelopment of an underutilized site and strengthens the identity in the surrounding neighborhoods through provisions for lower density and intensity residential uses proximate to areas where this land use pattern is part of the existing character of the surrounding neighborhoods (Residential 1 and 2 include townhomes across from single-family residences), and focuses denser residential, mixed-use, and commercial buildings proximate to existing commercial uses (Policy CDP-1.2 Natural Features; Policy CDP-1.5 Views; Program CDP-1.5A Evaluating View Impacts; Policy CDP-2.1 Neighborhoods, Districts, and Centers) • The Project integrates privately owned, publicly accessible open space and associated amenities throughout the site. As proposed and conditioned, these spaces will be operated in such a way that they are continually maintained, remain safe and attractive, and contribute positively to the community.(Policy CDP-3.1 Plazas and Active Public Spaces; Program CDP-3.1E North San Rafael Improvements). • The Project includes approximately 324,870 square feet of landscaped areas and approximately 329,142 square feet of usable open space. These areas are dispersed along the public right-of-way, along site boundaries, lining pedestrian and bicycle pathways, and throughout surface parking areas and advance goals related to walkability as the landscaped and open space areas provide an environment that is conducive to walking and biking. (Policy CDP-3.3 Landscape Design in Public Rights-of-Way; Policy CDP-3.5 Street Trees) • The Project includes redevelopment of the Northgate Mall into a mixed-use community and includes bicycle lanes, pedestrian pathways, and multi-modal facilities around the entirety of the site’s boundaries and throughout the Project Site. In addition, the Project includes various pedestrian and bicycle amenities that encourage access to the site by walking or biking, consistent with the intent of the North San Rafael Promenade Conceptual Plan. (Policy CDP-3.7 Greenways) • The Project has been through an iterative process and incorporates design- related feedback received from the public, neighborhood groups, organizations, and the City’s Planning Commission and Design Review Board. As detailed in Attachment 7 (Design Guidelines Consistency Analysis), the Project is consistent with the City’s adopted Residential and Non-Residential Design 10 Guidelines. (Policy CDP-4.1 Design Guidelines and Standards; Policy CDP-4.5 Higher Density Design) • The Project includes provision of two types of open space, including privately owned, publicly accessible open space (Town Square, bicycle and pedestrian paths, Bike Hub Plaza, Corner Monument Rest Stops, and Restaurant Entry Plaza) and private open space as part of each residential parcel (pools, BBQ areas, private patios, etc.), and as proposed and conditioned these open space areas will be maintained throughout Project operation. (Policy CDP-4.6 Open Space in Multi-Family Housing) • Large scale apartment and mixed-use buildings (Residential 4, 5, and 6) offer the highest residential density and building intensity on the site and are appropriately located away from existing, low density and intensity residential uses and nearer to existing and proposed commercial uses and parking areas. These larger scale buildings provide a variety of architectural elements such as towers, courtyards, and awnings to create visual interest. (Policy CDP-4.7 Larger Scale Buildings) • Residential townhomes (Residential 1 and Residential 2) are strategically located across from single-family residential uses south of the site and are in harmony with these uses in scale and intensity. Residential 3 is located north of an existing assisted living facility (known as AlmaVia of San Rafael) and incorporates sensitive scale and height transitions through the use of a variety of architectural features that break up the massing and ensure harmony with the character of this existing use. (Policy CDP-4.8 Scale Transitions) • The Project includes surface parking lots and parking garages throughout the site. Parking areas are appropriately designed to include trees and other landscaping to minimize large expanses of pavement, screen parking areas from the street, and parking areas are designed to provide a clear path of travel to building entrances. The Project also includes multi-use pathways for use by pedestrians and bicyclists throughout the Project Site and as required by Project mitigation measures and conditions of approval, sight lines at Project driveways will remain uninhibited through compliance with specific provisions related to plantings and other improvements proximate to driveways. (Policy CDP-4.9 Parking and Driveways) • The Project includes installation of variety of trees, shrubs, grasses, groundcovers, and stormwater treatment species. Irrigation will be provided by municipal recycled water for all landscaping, as well as low water use practices (e.g., drip irrigation and smart controllers that track weather patterns and adjust irrigation run times accordingly). Additionally, green infrastructure techniques would be used to treat and infiltrate stormwater runoff from the Project Site. (Policy CDP-4.10 Landscape Design) • As proposed and conditioned, the Project complies with zoning code regulations related to lighting, and the lighting design is complementary to the proposed building and landscape design. (Policy CDP-4.11 Lighting) • Consistent with mitigation measures and Project conditions of approval, which were developed in consultation with the Federated Indians of Graton Rancheria, the Project includes provisions for the protection of archaeological and tribal cultural resources throughout the course of ground-disturbing activities when such resources have the potential to be encountered. (Policy CDP-5.13 Protection of Archaeological Resources; Policy CDP-5.14 Tribal Cultural Resources) 11 • Conservation and Climate Change Element The Project is consistent with the Conservation and Climate Change Element of the 2040 General Plan, in that: • A combination of drought-tolerant trees, shrubs, grasses, ground covers, and stormwater treatment landscaping will be installed across the Project Site. Native plants and a diversity of species that are appropriate for the dry summer climate will be planted. (Policy C-1.15 Landscaping with Appropriate Naturalized Plant Species) • Phase 1 of the Project includes a total of 960 trees (363 existing, 597 new). Phase 2 will result in a net increase of 23 trees, for a total 983 trees at Project buildout. Although approximately 350 trees will be removed to accommodate the proposed Project, the total number of trees at buildout will be greater than what currently exists onsite. As such, the Project will contribute to an expansion of the city’s tree canopy and associated ecological benefits. Additionally, as required by Project conditions of approval, a tree management plan will be required with submittal of plans for building permits. (Policy C-1.16 Urban Forestry; Policy C-1.17 Tree Management; Program C-1.17B Tree Management Plan; Program C-1.17C Mitigation for Tree Removal) • As proposed and conditioned, the Project complies with zoning code regulations related to lighting. (C-1.19 Light Pollution) • The Project includes home HVAC measures for each residential unit, which allows residents to keep windows closed on days when local air quality is poor. Additionally, the Project will be required to comply with the currently applicable California Building Code, which requires installation of particulate matter air filters with a minimum MERV-13 rating. The Project also includes a substantial increase in the amount of landscaping on the Project Site which includes landscaped buffers between residential buildings and surrounding roadways. (Policy C-2.2 Land Use Compatibility and Building Standards) • As described in detail in the FEIR, the Project will result in a reduction in both residential and retail vehicle miles traveled, thereby reducing the number and length of car trips compared to existing use of the site. Additionally, the Project includes installation of new multi-modal pathways, bike lanes and enhanced gateway features with amenities, a Bike Hub Plaza, and will contribute financially to planned improvements for access to and from the Marin Civic Center Sonoma-Marin Area Rail Transit (SMART) station all of which are aimed at reducing vehicle trips and associated emissions. The Project as proposed and conditioned also achieves compliance with off-street electric vehicle requirements in the most recently adopted version of CALGreen Tier 2 Voluntary Standards. (Policy C-2.3 Improving Air Quality Through Land Use and Transportation Choices; Program C-2.3A Air Pollution Reduction Measures) • Consistent with mitigation measures contained in the FEIR, the Project is required to implement BAAQMD’s Basic Construction Mitigation Measures, which include provisions for management of construction-related particulate matter and fugitive dust. Additionally, as detailed in the FEIR, operation of the proposed Project will result in an overall reduction in particulate matter compared to existing conditions. (Policy C-2.4 Particulate Matter Pollution Reduction) • The Project will reduce impervious surface on the Project Site as compared to existing conditions through the introduction of increased landscaping and 12 reduced surface parking, and also includes bioretention basins that will reduce and filter runoff. Additionally, as a standard condition of approval, the Project will be required to implement best management practices to control runoff throughout Project construction. (Policy C-3.2 Reduce Pollution from Urban Runoff; Policy C-3.3 Low Impact Development) • As proposed and conditioned, the Project will comply with the CALGreen Code, which requires the implementation of water efficiency measures. In addition, the proposed Project will utilize recycled water for all landscape irrigation and includes a combination of drought-tolerant trees, shrubs, grasses, ground covers, and stormwater treatment landscaping that is naturalized to the region. (Policy C-3.8 Water Conservation; Policy C-3.9 Water-Efficient Landscaping) • The Project includes a variety of energy conservation features including LED lighting throughout the Project Site, an all-electric residential design, high- efficiency mechanical and hot-water systems, solar panels and battery storage, dual plumbing to allow for use of recycled water, installation of drought tolerant landscaping and low water use practices, and green infrastructure techniques for stormwater runoff. (Policy C-4.2 Energy Conservation; Program C-4.2B Green Building Standards; Policy C-4.5 Resource Efficiency in Site Development; Policy C-5.2 Consider Climate Change Impacts) • Parks, Recreation, and Open Space Element The Project is consistent with the Parks, Recreation, and Open Space Element of the 2040 General Plan, in that: • The Project is consistent with the development assumed for the Project Site in the San Rafael General Plan 2040 and Housing Element and therefore is consistent with planned per capita acreage standard of 4.0 acres per 1,000 residents. Additionally, the Project will contribute new, privately owned, publicly accessible recreational space on the Project Site (e.g., the Town Square) offering open space amenities where not required in the General Plan. Additionally, the Project will be subject to applicable parkland dedication fees as adopted by the City of San Rafael. (Policy PROS-1.2 Per Capita Acreage Standard; Program PROS 1.1B) • The Town Square creates a small gathering place open to the public with “eyes on the space” created through the placement of commercial and residential uses and outdoor dining areas around in proximity (Policy PROS -1.11 Urban Parks and Plazas; Program PROS-1.11B Activating Public Space) • The Project includes on-site amenities to serve the residential and mixed-use tenants, to supplement the facilities available in City parks, and including rooftop open space on Residential 3, 4, 5, and 6. (Policy PROS-1.13 Recreational Facilities in Development Projects) • Safety and Resilience Element The Project is consistent with the Safety Element of the 2040 General Plan, in that: • As proposed and conditioned, the Project will be designed and constructed in accordance with the recommendations of the Geotechnical Investigation and the requirements of the California Building Code, San Rafael General Plan 2040, and San Rafael Municipal Code, and as mitigated, a design-level Geotechnical Report will be prepared prior to issuance of grading or building permits. (Policy S-2.1 Seismic Safety of New Buildings; Program S-2.1B Geotechnical Review) 13 • As required by standard conditions of approval, preparation of a Stormwater Pollution Prevention Plan (SWPPP) will be required to ensure address erosion impacts during the construction period. Similarly, preparation of a Stormwater Control Plan that describes how runoff will be routed to Low Impact Development (LID) stormwater treatment facilities during operation of the Project will also be required. (Policy S-2.5 Erosion Control; Program S-2.5A Erosion and Sediment Control Plans; S-2.5B Grading During the Wet Season; Policy S-3.8 and Program S-3.8A Storm Drainage Improvements) • The Project is required to implement mitigation measures associated with identification and abatement of hazardous building materials, such as lead and asbestos. Additionally, new construction will not include hazardous building materials such as lead and asbestos. (Policy S-5.6 Hazardous Building Materials) • Mobility Element The Project is consistent with the Mobility Element of the 2040 General Plan, in that: • As detailed in the FEIR, all study intersections will continue to operate at an acceptable level of service (LOS) under all scenarios studied. (Policy M-2.5 Traffic Level of Service) • As conditioned, the Project is required to pay applicable Traffic Impact Fees. (Policy M-2.6 Traffic Mitigation Fees) • The Project will result in a reduction in both residential and retail vehicle miles travelled (VMT) generated by the Project Site. In addition, the proposed Project includes pedestrian and bicycle improvements and is in close proximity to transit, all of which contribute to increased access to alternative transit for users of the Project Site. (Policy M-3.1 VMT Reduction; Policy M-3.2 Using VMT in Environmental Review; Policy M-3.3 Transportation Demand Management) • As proposed the Project includes installation of electric vehicle (EV) parking in the residential and commercial components of the Project. Conditions of approval and mitigation measures set forth specific requirements for the type and number of EV parking spaces required. (Policy M-3.6 Low- Carbon Transportation; Policy M-7.8 Parking for Alternative Modes of Transportation; Program M-7.8A Charging Stations) • The Project maximizes the benefits of SMART by virtue of being located within a walkable distance to the station. Although pedestrian access from the project site to the Marin Civic Center Station is currently limited, the applicant has committed to a $500,000 contribution to support connectivity enhancements. Improvements funded in part by the applicant will help create a welcoming experience for passengers arriving at the Civic Center Station and will improve access between the site and the station, further encouraging the use of non- motorized travel. (Policy M-4.3 SMART Improvements; Program M-4.3C Arrival Experience) • The Project includes internal roadways designed to reduce the effects of speeding using features such as speed humps, bulb-outs, and stop signs. The Project also includes multi-use pathways throughout the site that are physically separated from roadways, and as proposed and conditioned, traffic calming measures will not conflict with access by emergency responders. (Policy M-5.1 Traffic Calming) • The Project includes a network of multi-use pathways throughout the Project Site that provide safe access for pedestrians and bicyclists as they limit interactions with vehicle through physical separation from roadways. These pathways connect residents from the Project Site and surrounding residential 14 areas to commercial uses on the Project Site as well as to commercial uses adjacent to the Project Site. (Policy M-6.1 Encourage Walking and Cycling; Policy M-6.3 Connectivity; Policy M-6.7 Universal Design) • Community Services and Infrastructure Element The Project is consistent with the Community Services and Infrastructure Element of the 2040 General Plan, in that: • The Project is within the development potential anticipated by the General Plan. As proposed and conditioned, the Project can be adequately served by existing community services and infrastructure. (Policy CSI-3.2 Mitigating Development Impacts; CSI-4.2 Adequacy of City Infrastructure and Services; CSI-4.8 Potable Water Supply and Delivery; CSI-4.9 Wastewater Facilities; CSI-4.17 Reducing Landfilled Waste Disposal) • Housing Element The Project is consistent with the Housing Element of the 2040 General Plan, in that: • Housing units that are entitled, permitted, and/or issued a certificate of occupancy will contribute to the City meeting its Regional Housing Needs Allocation (RHNA) goals at various income levels. • The Project includes a mixed-use development proximate to existing transit opportunities including buses providing local and regional access and the Marin Civic Center SMART station. The Project applicant has also committed to contributing $500,000 to help fund improvements between the Project Site and the Civic Center SMART station. The Project also includes a variety of sustainable design elements such as all-electric residential construction and compliance and, in some cases, exceedance of CalGreen. (Policy H-3.5 Housing and Greenhouse Gas Emissions; Policy H-3.6 Sustainable Design) • The Project includes construction of onsite affordable housing that meets the City’s Primary and Secondary Requirements detailed in the Affordable Housing Guidelines. As conditioned, affordable units will be deed restricted in perpetuity, unless otherwise reduced by the City Council. (Policy H-4.3 Affordable Housing Requirements) • Adequate infrastructure is currently in place to serve the proposed residential component of the Project, and through compliance with mitigation measures, the Northgate Trunk Sewer line will be upsized by the Project developer in coordination with the Las Gallinas Valley Sanitary District to accommodate the proposed Project. (H-4.15 Housing and Infrastructure) • The Project is subject to a Master Affordable Housing Agreement, which will impose regulations on resale of BMR units to assure that units remain affordable to low income households. (Program H-7D BMR Resale Regulations) • Economic Vitality Element The Project is consistent with the Economic Vitality Element of the 2040 General Plan in that: • The Project will revitalize an underutilized site with steadily declining revenues and represents a more sustainable economic model as compared to the existing Northgate Mall. Redevelopment of the site will contribute steady revenues to the City’s general fund as well as funds under Measure E and Measure R. The project is subject to payment of all applicable development impact fees. One-time development impact fees and ongoing revenues will contribute to improved quality of life through economic contributions. (Policy EV-1.1 Quality of Life) 15 • Economic and fiscal impacts of the Northgate Town Square Project are fully detailed in the Fiscal Impact Analysis prepared by Seifel Consulting, Inc. and are discussed in the December 2, 2024, City Council staff report. As discussed in detail in the staff report, the project overall is not only consistent with the vision for the area but will also provide economic benefits as it will provide new revenue sources to fund improved and expanded city infrastructure and services; stimulate economic growth by providing a range of commercial spaces; create a more sustainable economic model as compared to the Northgate Mall. (Program EV-1.1B Economic and Fiscal Impacts) • Diversity, Equity, and Inclusion Element The Project is consistent with the Diversity, Equity, and Inclusion Element of the 2040 General Plan in that: • The Project improves upon existing, and includes new opportunities for safe active transportation, and will provide walkable access to new goods and services. (Policy EDI-2.1A Neighborhood Design for Active Living) • The Project includes provisions for privately owned publicly accessible open space, and will provide private open space for residential uses. (Policy EDI-2.2 Safe Space for Physical Activity) • The Project includes construction of on-site affordable housing for low-income households. As proposed, the Project includes construction of 143 affordable housing units, of which, 14 will be for-sale townhomes, and 129 will be available for rent. (Policy EDI-3.2 Affordable Housing Development) Furthermore, the Northgate Town Square PD District and Development Plan are not inconsistent with any other General Plan 2040 policies or programs. WHEREAS, as required by San Rafael Municipal Code Section 14.070.090.B, the City Council finds that the Northgate Town Square Project creates a residential environment of sustained desirability and stability in harmony with the character of the surrounding neighborhood and provides adequate open space. The Residential townhomes (Residential 1 and Residential 2) are strategically located across from single-family residential uses south of the site and are in harmony with these uses in scale and intensity. Residential 3 is located north of an existing assisted living facility (known as AlmaVia of San Rafael). Although the Residential 3 apartment building has a higher density and intensity than the nearby assisted living facility, the building is designed to appropriately decrease in scale and height at the nearest point to this existing facility and incorporates a variety of architectural features to break up the massing and ensure harmony with the character of this existing use. All other apartment buildings (Residential 4, 5, and 6) offer the highest residential density and intensity on the site and are appropriately located away from existing residential uses and nearer to existing and proposed commercial uses and parking areas. All residential parcels incorporate landscaping, architectural features, and varied colors and materials that create a residential environment of sustained desirability and stability that is in harmony with the character of the surrounding neighborhood. Additionally, all residential parcels include adequate private and common open space, consistent with the provisions included in the PD District regulations and consistent with requirements in other high density residential zoning districts within the City; and WHEREAS, as required by San Rafael Municipal Code Section 14.070.090.C, the City Council finds that the nonresidential uses within the Northgate Town Square Project are appropriate in area, location and overall planning for the purpose intended, and the design and development standards shall create a nonresidential environment of sustained desirability and stability, and provide adequate open space. The nonresidential uses are integrated into the ground floors of Residential 4, 5, and 6, which support the intended mixed-use environment at strategic locations 16 on the site. Additionally, the Project includes standalone single- and multi-tenant commercial buildings that are intended to serve a variety of uses, including retail shops, restaurants, and other commercial uses. The varied size and configuration of commercial space helps to create a nonresidential environment of sustained desirability and stability as it provides flexibility in building form, allowing businesses of various types and sizes to adapt over time. A focal point of the Project is the 56,975 square foot Town Square, which is located in the center of the site, near existing and proposed commercial uses. This centrally located open space is adequate for, and complimentary to the proposed non-residential uses as it serves as an amenity to attract potential customers to the site. Similarly, the 9,604 square foot Bike Hub is centrally located and provides amenities for active transportation users, which is complimentary to the non-residential uses as it attracts commercial users that arrive to the site via bicycle; and WHEREAS, as required by San Rafael Municipal Code Section 14.07.090.D, the City Council finds that the applicant has demonstrated that the Northgate Town Square Project includes public facilities provided to serve the anticipated population. As detailed in the FEIR, adequate public facilities and services are provided to serve the anticipated population in that the proposed development is within the limits anticipated by the General Plan 2040. The site is served by Marin Sanitary Service, Marin Municipal Water District, and the City' s Police, Fire and Public Works Departments have reviewed the Project and determined that services are available. Additionally, the Project will replace the existing 3,000 square foot library located within the Northgate Mall with an approximately 5,000 square foot library, which will ensure public access to a library is maintained on the site. Furthermore, conditions of approval have been imposed on the Project to pay appliable development impact fees, including but not limited to parkland, traffic mitigation, water and sewer connection, and school fees; and WHEREAS, as required by San Rafael Municipal Code Section 14.07.090.E, the City Council finds that the Northgate Town Square Project is improved by establishment of the Northgate Town Square Planned Development District as it will require and provide usable open space for residential units, where none is currently required by the General Commercial zoning district and allows the minimum landscaping, floor area ratio, parking, and other standards to be achieved at a site-wide level rather than on a parcel-by-parcel basis, thereby providing more flexibility and ensuring cohesive development of the site as a whole; and WHEREAS, as required by San Rafael Municipal Code Section 14.07.090.F, the City Council finds that the Project’s auto, bicycle, and pedestrian traffic system is adequately designed for circulation needs and public safety in that internal access and circulation meet City standards. Pedestrian walkways and pathways are provided throughout the site, including ADA-compliant pathways from surface parking areas to commercial uses. The Project also includes multi-modal pathways and dedicated bike lanes on and adjacent to the site, which meets the needs of non- motorized visitors and residents. Lastly, as proposed and conditioned, the development plan provides adequate emergency vehicle access to serve the proposed development, in compliance with City standards; and WHEREAS, the proposed Zoning Amendment to adopt the Northgate Town Square PD District Regulations and Development Plan is in keeping with the general intent and spirit of the zoning regulations and San Rafael General Plan as discussed above and in greater detail in the December 2, 2024, City Council staff report and exhibits. NOW THEREFORE BE IT ORDAINED by the City Council as follows: DIVISION 1. The above recitals are hereby declared to be true and correct and incorporated into the ordinance as findings of the City Council. 17 DIVISION 2. The potential environmental impacts of the Northgate Town Square Project, including this Zoning Amendment, were fully analyzed in the Northgate Town Square FEIR (SCH#2021120187) containing all requirements of CEQA Guidelines Section 15320, inclusive of the DEIR, RTC Document, Addendum to the RTC Document, Supplemental RTC, references, appendices, and all attachments thereto. On December 2, 2024, the City Council approved Resolution No. 15359 certifying the FEIR. DIVISION 3. The FEIR identified several potentially significant impacts that will be reduced to a less than significant level with specified mitigation measures. Consistent with Section 21081(a) of the Public Resources Code, the City Council makes general findings and findings regarding each significant adverse environmental effect of the Revised Project as set forth in Exhibit A (Findings of Fact). Additionally, consistent with Section 21081(a)(3) of the Public Resources Code the City Council makes findings with respect to alternatives studied in the Project EIR as set forth in Exhibit A. As required by CEQA and based on substantial evidence in the record, the City Council makes the Findings of Fact regarding potentially significant effects of the Revised Project as set forth in Exhibit A which is incorporated herein by reference. DIVISION 4 The FEIR identified several potentially significant impacts of the Revised Project that cannot be reduced to a less than significant level by feasible mitigation measures or be so reduced or avoided by a feasible alternative, as set forth in Exhibit A, Consistent with Public Resources Code Section 21081(b) the City Council finds that specific economic, legal, social, technological or other considerations outweigh any significant environmental effects of the Revised Project which cannot be mitigated to a less than significant level or avoided by an alternative. As such, as required by CEQA and based on substantial evidence in the record, the City Council adopts the Statement of Overriding Considerations consisting of the City’s findings and determination regarding the Revised Project’s benefits as compared to its significant and unavoidable effects as contained in Exhibit A, Section 6.0 and incorporated herein by reference. The Revised Project does not have the potential to have a significant adverse impact on wildlife resources as defined in the State Fish and Game Code, either individually or cumulatively, though it is not exempt from Fish and Game filing fees. Additionally, the Revised Project is not located on a site listed on any Hazardous Waste Site List compiled by the State pursuant to Section 65962.5 of the California Government Code. DIVISION 5. The FEIR identified several potentially significant impacts that will be reduced to a less than significant level with specified mitigation measures, and pursuant to CEQA Guidelines Section 15091(d), a Mitigation Monitoring and Reporting Program has been prepared as set forth in Exhibit B, attached hereto and incorporated herein by reference, to ensure that all feasible mitigation measures which serve to reduce environmental impacts of the Revised Project as recommended by the FEIR are fully implemented. Additionally, the City Council finds that for each identified mitigation measure that requires the cooperation or action of another agency, adoption, and implementation of each such mitigation measures is within the responsibility and jurisdiction of the public agency identified, and the measures are adopted by the City of San Rafael. Compliance with the Mitigation Monitoring and Reporting Program set forth therein is a condition of the adoption of this Ordinance. 18 DIVISION 6. The City of San Rafael Zoning Map is hereby amended to rezone the Project Site depicted in Exhibit C, attached hereto and incorporated herein by reference and located at 5800 Northgate Drive, San Rafael, as shown on County Assessor’s Parcel No’s: 175-060-12, 175-060-40, 175- 060-59, 175-060-61, 175-060-66 and 175-060-67, from General Commercial (GC) to the Northgate Planned Development (PD) District. The amended zoning map is depicted in Exhibit C, attached hereto and incorporated herein by this reference. DIVISION 7. The City Council hereby adopts and approves the Northgate Town Square PD Development Plan, attached hereto as Exhibit F and incorporated herein by this reference, and the Northgate PD District Standards, attached hereto as Exhibit G and incorporated herein by this reference. The Northgate Town Square PD Development Plan and Northgate PD District Standards allow the uses permitted in the Northgate Planned Development (PD) District at the density and intensity proposed. DIVISION 8. 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 9. 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 circulate din 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. 2043 was introduced at a Regular Meeting of the City Council of the City of San Rafael, held on the 2nd day of December 2024, and ordered passed to print by the following vote, to wit: 19 AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 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 16th of December 2024. LINSAY LARA, City Clerk EXHIBIT A: Findings of Fact and Overriding Considerations EXHIBIT B: Mitigation Monitoring and Reporting Program EXHIBIT C: Amended Zoning Map EXHIBIT D: General Plan Consistency Table EXHIBIT E: Legal Property Description EXHIBIT F: Northgate Town Square Development Plan EXHIBIT G: Northgate PD Standard October 2024 FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS PURSUANT TO SECTION 15091 AND 15093 OF THE STATE CEQA GUIDELINES AND SECTION 21081 OF THE PUBLIC RESOURCES CODE NORTHGATE MALL REDEVELOPMENT PROJECT FINAL ENVIRONMENTAL IMPACT REPORT STATE CLEARINGHOUSE NO. 2021120187 EXHIBIT A LSA This page intentionally left blank F INDINGS OF F ACT A ND S TATEMENT OF O VERRIDING C ONSIDERATIONS O CTOBER 2024 N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) 1 FINDINGS OF FACT 1.0 INTRODUCTION 1.1 PURPOSE This statement of Findings of Fact addresses the environmental effects associated with the Northgate Mall Redevelopment Project, also known as the “Northgate Town Square” or “proposed project,” including project revisions, located in San Rafael, California. These Findings are made pursuant to the California Environmental Quality Act (CEQA) under Sections 21081 and 21081.6 of the Public Resources Code and Sections 15091 and 15093 of the CEQA Guidelines, Title 14, Cal. Code Regs. 15000, et seq. Potentially significant impacts were identified in the January 2024 Draft Environmental Impact Report (“Draft EIR”) and the October 2024 Response to Comments Document and Final Environmental Impact Report (“RTC Document”), which together constitute the Final EIR. Public Resources Code 21081 and Section 15091 of the CEQA Guidelines require that the lead agency prepare written findings for identified significant impacts, accompanied by a brief explanation for the rationale for each finding. The City of San Rafael (City) is the lead agency responsible for preparation of the EIR in compliance with CEQA and the CEQA Guidelines. Section 15091 of the CEQA Guidelines states, in part, that: a. No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: 1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. 2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. In accordance with Public Resource Code 21081 and Section 15093 of the CEQA Guidelines, whenever significant impacts cannot be mitigated to a level below significance, the lead agency is required to balance, as applicable, the benefits of the proposed project against its unavoidable environmental risks when determining whether to approve the project. If the benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse effects may be considered “acceptable.” In that case, the decision‐making agency must prepare and adopt a Statement of Overriding Considerations, pursuant to the CEQA Guidelines. LSA N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA F INDINGS OF F ACT A ND S TATEMENT OF O VERRIDING C ONSIDERATIONS O CTOBER 2024 P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) 2 Section 15093 of the CEQA Guidelines states that: (a) CEQA requires the decision‐making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered “acceptable.” (b) When the lead agency approves a project, which will result in the occurrence of significant effects which are identified in the Final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the Final EIR and/or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record. (c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091. As required by CEQA, the City, in adopting these findings, also adopts a Mitigation Monitoring and Reporting Program for the project. The City finds that the Mitigation Monitoring and Reporting Program, which is incorporated by reference and made a part of these findings, meets the requirements of Section 21081.6 of the Public Resources Code by providing for the implementation and monitoring of measures intended to mitigate potentially significant effects of the project. The Final EIR for the project identified potentially significant effects that could result from project implementation. However, the City finds that the inclusion of certain mitigation measures as part of the project approval will reduce most, but not all, of those effects to less than significant levels. Those impacts that are not reduced to less than significant levels are identified and overridden due to specific project benefits in a Statement of Overriding Considerations. 1.2 ORGANIZATION AND FORMAT OF FINDINGS Section 1.0 contains a summary description of the project and background facts relative to the environmental review process. Section 2.0 describes the certification of the EIR. Section 3.0 identifies the impacts of the project that were studied in the EIR. Section 3.1 of these Findings identifies the significant impacts of the project that cannot be mitigated to a less than significant level, even though all feasible mitigation measures have been identified and incorporated into the project. Section 3.2 identifies the potentially significant effects of the project that would be mitigated to a less than significant level with implementation of the identified mitigation measures. Section 3.3 identifies the project's potential environmental effects that were determined not to be significant and, therefore, do not require mitigation measures. Section 4.0 discusses the feasibility of project alternatives. Section 5.0 discusses findings with respect to mitigation of significant adverse impacts, and adoption of the Mitigation Monitoring and Reporting Program (MMRP). LSA F INDINGS OF F ACT A ND S TATEMENT OF O VERRIDING C ONSIDERATIONS O CTOBER 2024 N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) 3 1.3 SUMMARY OF PROJECT DESCRIPTION The proposed project would result in redevelopment of the existing mall through demolition, renovation, and new construction with a mix of commercial and residential land uses. The proposed project would be developed in two phases. As evaluated in the Final EIR, Phase 1 (also referred to as the 2025 Master Plan) would generally include demolition of the RH Outlet building, HomeGoods building, and Mall Shops East, which is approximately 144,432 square feet of the main building, and construction of approximately 44,380 square feet of new commercial space and up to 864 residential units. Phase 2 (also referred to as the 2040 Vision Plan) would generally include demolition of the 254,015‐square‐foot Macy’s building and 79,051‐square‐foot Kohl’s building, and construction of up to 57,300 square feet of new commercial space and up to 558 additional residential units. At full buildout, the project would include a total of up to approximately 219,380 square feet of commercial space and up to 1,422 residential units in six areas of the project site (1,766,625 square feet of residential area). Building heights across the project site would vary, with a maximum of approximately 78 feet. A total of 648,807 square feet of existing building space would be demolished, and the total commercial area would be reduced by a total of 550,847 square feet. The project would set aside 143 units for affordable housing, 10 percent of the total, in full compliance with the City’s inclusionary housing ordinance. A total of 87 units would be built under Phase 1 and 56 units would be built under Phase 2. The proposed project would also include various associated site improvements, including a 56,975‐ square‐foot Town Square, modifications to the internal circulation and parking, and improvements to infrastructure and landscaping. Refer to Chapter 3.0, Project Description, of the Draft EIR and Section 2.2 of the RTC Document for a complete description of the proposed project. 1.4 PROJECT OBJECTIVES CEQA states that the statement of project objectives should be clearly written and define the underlying purpose of the project, in order to permit development of a reasonable range of alternatives and aid the Lead Agency in making findings. As provided by the project sponsor, the objectives of the Northgate Mall Redevelopment Project are to:  Implement the San Rafael General Plan 2040 vision for mixed use, transit‐oriented development, and high‐density housing on the project site;  Implement the City’s and regional agencies’ designation of the project site as a Priority Development Area (i.e., a place with convenient public transit service that is prioritized by local government for housing, jobs, and services); LSA N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA F INDINGS OF F ACT A ND S TATEMENT OF O VERRIDING C ONSIDERATIONS O CTOBER 2024 P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) 4  Redevelop the existing mall facility into a town center with a relevant mix of commercial and retail offerings to support the local economy and provide tax revenues and employment opportunities;  Create new housing offerings to meet the needs of families of varying sizes and reduce the recognized regional and local deficit of housing;  Create a town center/urban village through a combination of retail, dining, and residential uses within a pedestrian‐oriented urban core; and  Provide new outdoor amenities and open spaces, main street improvements, and recreational opportunities interconnected by pedestrian links throughout the project. 1.5 ENVIRONMENTAL REVIEW PROCESS Notice of Preparation and Public Scoping. The City of San Rafael (City) circulated a Notice of Preparation (NOP) notifying responsible agencies and interested parties that an EIR would be prepared for the proposed project and indicated the environmental topics anticipated to be addressed in the EIR. The NOP was mailed to public agencies, organizations, and individuals likely to be interested in the potential impacts of the proposed project. The NOP was published for a 30‐day public review period extending from December 9, 2021 to January 14, 2022. A total of 55 commenters submitted written responses to the NOP. A scoping session was held as a public meeting before the Planning Commission on January 11, 2022, to solicit feedback regarding the scope and content of the EIR. Comments received by the City on the NOP were considered during preparation of the Draft EIR. Copies of the NOP and comment letters received are included in Appendix A of the Draft EIR. Draft EIR: In accordance with the requirements of CEQA and the CEQA Guidelines, a Draft EIR was prepared to address the potential significant environmental effects associated with the proposed project identified during the NOP process.1 Based on the NOP scoping process, the EIR addressed the following potentially significant environmental issues:  Land Use and Planning  Population and Housing  Visual Resources  Cultural Resources  Tribal Cultural Resources  Geology and Soils  Hydrology and Water Quality  Hazards and Hazardous Materials 1 Preliminary analysis determined that development of the proposed project would not result in significant impacts to the following environmental topics: agriculture and forestry resources, biological resources, mineral resources, and wildfire. Consequently, these issues were not examined in Chapter 4.0 of the Draft EIR and were briefly addressed in Draft EIR, Chapter 5.0, Other CEQA Considerations. LSA F INDINGS OF F ACT A ND S TATEMENT OF O VERRIDING C ONSIDERATIONS O CTOBER 2024 N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) 5  Transportation  Air Quality  Greenhouse Gas Emissions  Noise  Public Services and Recreation  Utilities and Service Systems  Energy The Notice of Availability (NOA) published by the City stated that the public review period for the Draft EIR would occur over a duration of 45 days, as mandated by CEQA. Due to a procedural error, the local review period was extended for a total period of 60 days and ended on March 5, 2024. The City held a public hearing on the Draft EIR with the Planning Commission on February 13, 2024. The City received a total of 270 comment letters from State and local agencies, organizations, and individuals. Copies of all written comments received during the comment period and a transcript of the verbal comments received at the public hearing are included in Chapter 4.0 of the RTC Document. Final EIR: Section 15088 of the CEQA Guidelines requires that the Lead Agency responsible for preparation of an EIR evaluate comments on environmental issues and prepare a written response addressing each of the comments. The intent of the Final EIR is to provide a forum to address comments pertaining to the information and analysis contained within the Draft EIR, and to provide an opportunity for clarifications, corrections, or minor revisions to the Draft EIR as needed. The Final EIR assembles all of the environmental information and analysis prepared for the proposed project, including comments on the Draft EIR and responses by the City to those comments. Pursuant to Section 15132 of the State CEQA Guidelines, the Final EIR consists of the following: (a) The Draft EIR, including all of its appendices (b) The Response to Comments (RTC) Document, which includes a list of persons, organizations, and public agencies commenting on the Draft EIR, copies of all letters received by the City during the Draft EIR public review period and a transcript of the Planning Commission public hearing, and responses to the comments; along with revisions made to the project and the Draft EIR; and appendices. 1.6 CUSTODIAN AND LOCATION OF RECORDS The documents and materials that constitute the record of proceedings on which these findings have been based are located at the City of San Rafael, 1400 5th Avenue, San Rafael, California, 94901. The custodian for these records is the City of San Rafael, Community and Economic Development Department, Planning Division. This information is provided in compliance with Public Resources Code Section 21081.6. LSA N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA F INDINGS OF F ACT A ND S TATEMENT OF O VERRIDING C ONSIDERATIONS O CTOBER 2024 P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) 6 2.0 CERTIFICATION OF FINAL EIR The City Council has certified that it has been presented with the Final EIR, that it has reviewed and considered the information contained in the final EIR, that the Final EIR reflects the City’s independent judgment, and that the Final EIR has been completed in compliance with CEQA and that State CEQA Guidelines. Having received, reviewed, and considered the information in the Final EIR, and other information in the record, the City of San Rafael hereby makes findings pursuant to and in accordance with Sections 21081, 21081.5, and 21081.6 of the Public Resources Code. 3.0 FINDINGS OF FACT 3.1 ENVIRONMENTAL EFFECTS OF THE PROJECT WHICH ARE CONSIDERED UNAVOIDABLE SIGNIFICANT IMPACTS This section identifies the significant unavoidable impacts that require a statement of overriding considerations to be issued by the City, pursuant to Section 15093 of the CEQA Guidelines, if the project is approved. Based on the analysis contained in the Final EIR, the following impacts have been determined to be significant and unavoidable:  Impact GHG‐1: The proposed project would not incorporate all of the Bay Area Air Quality Management District’s (BAAQMD) recommended design thresholds to reduce GHG emissions because the proposed project includes the use of natural gas in commercial restaurant kitchens and no feasible mitigation measures are available to reduce this impact to a less than significant level;  Impact GHG‐2: Because the proposed project includes the use of natural gas in commercial restaurant kitchens, the proposed project would conflict with applicable plans, policies, and regulations adopted for the purpose of reducing GHG emissions and reaching carbon neutrality in 2045, and no feasible mitigation measures are available to reduce this impact to a less than significant level; and  Impact NOI‐2: Phase 2 operation period noise levels could exceed the City’s land use compatibility thresholds for future on‐site sensitive receptors and it cannot be confirmed that with Mitigation Measure NOI‐2 the noise levels absolutely would be below the City’s established thresholds. 3.1.1 Greenhouse Gas Emissions An evaluation of the project‐specific and cumulative impact on greenhouse gas emissions associated with the project is provided in Chapter 4.11, Greenhouse Gas Emissions of the Draft EIR. Impact GHG‐1: The proposed project would generate GHG emissions, either directly or indirectly, that would have a significant effect on the environment. LSA F INDINGS OF F ACT A ND S TATEMENT OF O VERRIDING C ONSIDERATIONS O CTOBER 2024 N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) 7 The proposed project includes construction and operational dates that would occur after the 2030 horizon year included in the City’s Climate Change Action Plan (CCAP) 2030. The City’s CCAP 2030 does not currently include an assessment of the emissions inventory and reductions necessary to meet the State’s goal of carbon neutrality by 2045, as established in AB 1279. Therefore the City does not have a local GHG reduction strategy that meets the criteria under State CEQA Guidelines section 15183.5(b). In the absence of such a local strategy, the project is evaluated against the Bay Area Air Quality Management District (BAAQMD) GHG Emissions “project design element” thresholds, which require projects to include certain design features to ensure that they are doing their “fair share” to meet the State’s GHG emissions reductions goals. Although the proposed project includes three of the four project design elements listed, it would conflict with the fourth, eliminating natural gas appliances and natural gas plumbing in new residential and nonresidential development. The proposed project includes natural gas connections for commercial kitchen appliances in restaurants. As such, the proposed project would result in the generation of GHG emissions that would have a significant impact on the environment, per the BAAQMD thresholds. Mitigation Measure GHG‐1, as outlined below, was identified in the Draft EIR to prohibit the use of natural gas in fire pits as part of the proposed project. Mitigation Measure GHG‐1 has been implemented as part of the current project plans, as explained in Chapter 2.0, Revised Project of the RTC Document. The proposed project has been revised to eliminate all fire pits, using natural gas or any other fuel. Mitigation Measure GHG‐1 Natural Gas Prohibition for Recreational Use. Prior to the issuance of building permits, the project sponsor shall submit documentation to the City of San Rafael (City) Planning Department that demonstrates, to the satisfaction of the City, that natural gas‐fired recreational fire pits are not included in the proposed project design. However, the City has determined that requiring compliance with the BAAQMD design threshold to completely prohibit natural gas usage at the proposed project is inconsistent with the City’s municipal code, specifically the recently adopted reach code, which prohibits natural gas for residential uses but allows installation of new natural gas connections and operations with natural gas for commercial kitchen uses. With adoption of the reach code, the City found that a ban on natural gas usage was infeasible due to cost‐effectiveness considerations, based in part on 2022 studies conducted by the California Public Utilities Commission (CPUC) and California Energy Commission (CEC). In addition, as explained in the Final EIR, of the national restaurant brands that operate at the project sponsor’s approved West Coast projects, none uses an all‐electric prototype design and only Chipotle (a fast‐casual rather than sit‐down restaurant) is experimenting with an all‐ electric location. To require these national brands to operate differently for the proposed project could place the project sponsor at a competitive disadvantage in attracting successful restaurants to the center. Furthermore, the strength of many restaurant operators’ opposition to all electric kitchen requirements is demonstrated by the California Restaurant Association’s decision to challenge the City of Berkeley’s natural gas ban for restaurants through the federal district court and LSA N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA F INDINGS OF F ACT A ND S TATEMENT OF O VERRIDING C ONSIDERATIONS O CTOBER 2024 P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) 8 then through a successful appeal to the Ninth Circuit Court of Appeals. Given these reasons and that the Ninth Circuit court has held that a municipal ordinance to ban natural gas usage for appliances violates the federal Energy Policy and Conservation Act, the City, as lead agency for the environmental review of the proposed project, has found that requiring mitigation to prohibit the usage of natural gas in the proposed commercial kitchens is not feasible. Impact GHG‐2: The proposed project would conflict with a State or local GHG reduction plan, policy, or regulation. Additionally, because the proposed project would include the use of natural gas in the proposed commercial kitchens, the proposed project would not meet the project design thresholds recommended by the BAAQMD and would be considered inconsistent with the long‐term State GHG reduction goals and emission targets outlined in AB 32, SB 32, EO B‐30‐15, EO B‐48‐18, and AB 1279. As such, the proposed project would conflict with applicable plans, policies, or regulations adopted for the purpose of reducing GHG emissions. Based on the above, there are no feasible or realistic mitigation measures currently available that would either reduce the impact to a less than significant level or otherwise reduce the severity of the impact. While mitigation options may be available to reduce a project’s overall GHG emissions, such measures are intended to reduce emissions from other sources (i.e., electricity use or mobile sources) and would not address natural gas use; therefore, there is no nexus to require such mitigations. Similarly, the purchase of credits for off‐site GHG emissions mitigation would not address the significant and unavoidable impact identified in the Final EIR, consisting of inconsistency with the BAAQMD natural gas design threshold. Given the above, the proposed project would result in a project‐specific and cumulative significant unavoidable impact related to GHG emissions. 3.1.2 Findings for Impact GHG‐1 and GHG‐2: The City finds that the project‐specific and cumulative greenhouse gas emission impacts will remain significant and unavoidable. Noise An evaluation of the project‐specific and cumulative impact on noise associated with the project is provided in Chapter 4.12, Noise of the Draft EIR. Impact NOI‐2: Operation period noise levels could exceed the City’s land use compatibility thresholds for future on‐site sensitive receptors. Sequential implementation of Phases 1 and 2 of the proposed project would introduce new residential‐type noise‐sensitive receptors on the project site. Operation of Phase 2 of the project would include a mix of both residential and commercial uses, and these new uses could adversely affect the nighttime noise environment for the Phase 1 and 2 sensitive receptors. Specifically, for Phase 1, during the evening hours, predicted operation noise levels received by four on‐site mixed‐ use land uses slightly exceed the City’s 45 dBA hourly Leq threshold (Draft EIR Table 4.12.R) and therefore would not comply with the City’s noise ordinance without some applied noise reduction or other project design feature. For Phase 2, predicted operation noise levels received by six on‐site LSA F INDINGS OF F ACT A ND S TATEMENT OF O VERRIDING C ONSIDERATIONS O CTOBER 2024 N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) 9 mixed‐use land uses for the nighttime condition and eight on‐site mixed‐use land uses for the nighttime with occupied cinema conditions slightly exceed the City’s 45 dBA hourly Leq threshold (Draft EIR Table 4.12.S) and therefore would not comply with the City’s noise ordinance without some applied noise reduction or other project design feature. For these reasons, there is a need for noise reduction of on‐site outdoor‐exposed HVAC systems, subsurface parking level ventilation systems, and/or noise‐generating equipment in at‐grade or above‐grade exposed parking areas, as specified in Mitigation Measure NOI‐2, below. Mitigation Measure NOI‐2 On‐Site Noise Compliance Requirements. Prior to City approval of building permits, the project sponsor shall include in construction documents for City review building operation noise control and sound abatement features or considerations for stationary equipment during nighttime hours. The documentation shall include at least the following:  Equipment sound emission data (or sufficient engineering data from the manufacturer of equipment model[s]);  Architectural renderings and details depicting, where technically feasible, roof parapets, screens, walls, or other barriers around mechanical equipment that may directly or indirectly occlude, reflect, and/or absorb equipment noise emissions—conveyed via airflows or via vibrating equipment casings or enclosures; and  Incorporation of dissipative duct silencers, shrouds, covers, acoustical louvers, acoustically lined ductwork, and other means to help attenuate noise from fans, pumps, compressors, and other equipment featuring reciprocating or revolving components. The documentation shall demonstrate whether these measures, or any additional feasible mitigation measures, will reduce the sound level to below the established 45 dBA Leq thresholds for on‐site sensitive receptors. After City approval, information on subsequent project design changes, equipment selections, or construction alterations that substantially deviate from these noise control and/or sound abatement details appearing in the construction documents must be reviewed by a qualified acoustician and provided to the City with respect to expected sufficiency of expected conformance with applicable City noise thresholds or as otherwise approved by the City. Nevertheless, such noise reduction methods as detailed in Mitigation Measure NOI‐2 as part of the on‐site noise compliance requirements, may not be sufficient to attain the predicted noise reduction needs at all affected future on‐site residential receptors. If that occurs, the proposed project would LSA N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA F INDINGS OF F ACT A ND S TATEMENT OF O VERRIDING C ONSIDERATIONS O CTOBER 2024 P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) 10 result in a project‐specific significant unavoidable impact related to operation period noise generated by stationary sources. Findings for Impact NOI‐2: The City finds that the project‐specific operational noise impacts attributed to stationary sources may remain significant and unavoidable because it cannot be verified that the identified mitigation measures will adequately reduce the operational noise impact in all locations throughout the project site. 3.2 ENVIRONMENTAL EFFECTS EVALUATED IN THE FINAL EIR WHICH CAN BE AVOIDED OR SUBSTANTIALLY LESSENED TO LESS THAN SIGNIFICANT LEVELS WITH IMPLEMENTATION OF THE IDENTIFIED MITIGATION MEASURES This section identifies potentially significant adverse impacts of the project that require findings to be made pursuant to Section 21081 of the Public Resources Code and Section 15091 of the CEQA Guidelines. Based on information in the Final EIR, the City finds that, based upon substantial evidence in the record, adoption and implementation of the mitigation measures set forth below will reduce the identified significant impacts to less than significant levels. Based on the analysis contained in the Final EIR, the following impacts have been determined to be impacts that can be reduced to less‐than‐significant levels with implementation of the mitigation measures set forth below:  CUL‐1: Project ground disturbance has the potential to unearth significant archaeological deposits or resources, resulting in a potential substantial adverse change on historical resources, as defined in State CEQA Guidelines Section 15064.5.  TCR‐1: Project ground disturbance has the potential to disturb, damage, or degrade either a tribal cultural resource or the contextual setting of such a resource, resulting in a substantial loss of the resource’s cultural value as determined in consultation with the Federated Indians of Graton Rancheria.  GEO‐1: Proposed and existing improvements could be damaged due to expansive soil conditions.  GEO‐2: Placement of new loads on the project site, vibration‐generating construction activities, and excavation and dewatering activities could result in subsidence, settlement, or differential settlement that could adversely affect the proposed and existing structures and other improvements.  GEO‐3: The project could directly or indirectly destroy a unique paleontological resource or site.  HYD‐1: Project dewatering could result in the migration of potential off‐site groundwater contamination towards the project site.  HYD‐2: The increase in water supply demand due to the project could potentially interfere with sustainable management of groundwater in the Santa Rosa Plain Subbasin. LSA F INDINGS OF F ACT A ND S TATEMENT OF O VERRIDING C ONSIDERATIONS O CTOBER 2024 N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) 11  HYD‐3: The 100‐year storm runoff from the project site could exceed the capacity of proposed stormwater infrastructure and result in flooding on the project site and surrounding roadways.  HAZ‐1: Demolition or renovation activities may result in the release of PCBs into the environment.  HAZ‐2: Subsurface hazardous materials may be released into the environment during construction and operation of the project.  TRA‐1: Implementation of the proposed project would worsen an existing hazardous geometric design feature at the driveway 280 feet north of Northgate Drive/Thorndale Drive.  AIR‐1: The proposed project could conflict with implementation of the San Francisco Bay Area Clean Air Plan.  AIR‐2: Construction of the proposed project would generate fugitive dust (PM2.5 and PM10) emissions.  AIR‐3: Construction of Phase 1 would generate ROG and NOX emissions in excess of thresholds established by the BAAQMD, resulting in a violation of air quality standards.  AIR‐4: Construction of the proposed project would expose sensitive receptors to substantial pollutant concentrations through exceeding the carcinogenic inhalation health risk threshold.  NOI‐1: Construction of the proposed project would result in a significant short‐term increase in ambient noise levels in the vicinity of the project site in excess of the thresholds established in the City of San Rafael General Plan or Noise Ordinance.  UTL‐1: The proposed project would generate wastewater that would exceed the capacity of the existing sewer infrastructure that serves the project site. 3.2.1 Cultural Resources CUL‐1: Project ground disturbance has the potential to unearth significant archaeological deposits or resources, resulting in a potential substantial adverse change on historical resources, as defined in State CEQA Guidelines Section 15064.5. Mitigation Measure CUL‐1a: Preparation of a Cultural Resources Monitoring Plan. Prior to issuance of a grading permit or building permit, the project sponsor shall retain an archaeologist that meets the Secretary of the Interior's Professional Qualifications Standards in archaeology to prepare a Cultural Resources Monitoring Plan in consultation with the Federated Indians of Graton Rancheria (Graton Rancheria). The Cultural Resources Monitoring Plan shall include (but not be limited to) the following components for archaeological and Native American monitoring: • Person(s) responsible for conducting archaeological monitoring • Person(s) responsible for Native American monitoring LSA N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA F INDINGS OF F ACT A ND S TATEMENT OF O VERRIDING C ONSIDERATIONS O CTOBER 2024 P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) 12 • Procedures for notification in the event of the identification of cultural resources, as well as methods for treatment of such resources (e.g., documentation, collection, identification, repatriation) • Methods of protection for cultural resources, including items such as protective fencing, security, and protocol for notifying local authorities (i.e., law enforcement) should looting or other resource damage occur The Cultural Resources Monitoring Plan shall include a stipulation that, if significant archaeological or tribal cultural resources are identified, all work shall stop immediately within 100 feet of the resource(s). The Cultural Resources Monitoring Plan shall also include a stipulation that, during the course of the monitoring, the frequency of archaeological and Native American monitoring may be reduced from full‐time to part‐time based on the conditions and only if Graton Rancheria and the qualified archaeologist agree. Mitigation Measure CUL‐1b: Cultural Resources and Tribal Cultural Resources Sensitivity WEAP Training. Prior to issuance of a building permit, grading permit, or demolition permit involving any potential ground‐disturbing activity (e.g., building foundation removal), all personnel involved in project‐related ground‐disturbing activities (e.g., on‐site construction managers, backhoe operators) shall be required to participate in a cultural resources and tribal cultural resources sensitivity and awareness training program (Worker Environmental Awareness Program [WEAP]). The WEAP shall be developed by an archaeologist that meets the Secretary of the Interior's Professional Qualifications Standards in archaeology, in consultation with input from Graton Rancheria. The WEAP training shall be conducted before any project‐related ground‐disturbing activities (including building foundation removal) begin at the project site. The WEAP will include relevant information regarding sensitive cultural resources and tribal cultural resources, including applicable regulations, protocols for avoidance, and consequences of violating State laws and regulations. The WEAP will also describe appropriate avoidance and impact minimization measures for cultural resources and tribal cultural resources that could be located at the project site and will outline what to do and who to contact if any potential cultural resources or tribal cultural resources are encountered. The WEAP will emphasize the requirement for confidentiality and culturally appropriate treatment of any discovery of significance to Native Americans and will discuss appropriate behaviors and responsive actions, consistent with Native American tribal values. The WEAP training shall be presented by an archaeologist and a representative from Graton Rancheria. The project sponsor shall maintain a record of all construction personnel that have received the WEAP training and provide the record to the City. WEAP training recipient records shall be maintained by the project sponsor throughout the duration of construction. A final WEAP training recipient record shall be submitted to the City of San Rafael prior to issuance of a certificate of occupancy. LSA F INDINGS OF F ACT A ND S TATEMENT OF O VERRIDING C ONSIDERATIONS O CTOBER 2024 N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) 13 Mitigation Measure CUL‐1c: Archaeological Monitoring and Resource Protection. Archaeological monitoring shall be required during initial ground‐disturbing activities of sediments on the project site (including building foundation removal). For example, archaeological monitoring shall not be required during excavation of sediments that have been previously monitored by an archaeologist. Any excavations that extend below sediments that were previously monitored shall be subject to archaeological monitoring. Monitoring procedures shall follow the Cultural Resources Monitoring Plan prepared under Mitigation Measure CUL‐1. Construction crews shall stop all work within 100 feet of any archaeological discovery until an archaeologist that meets the Secretary of the Interior's Professional Qualifications Standards in archaeology can assess the previously unrecorded discovery and provide recommendations. Resources could include subsurface historic‐period 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 (e.g., mortars and pestles). Findings for Impact CUL‐1: If deposits of prehistoric or historic archaeological materials are encountered during project activities, Mitigation Measure CUL‐1a requires the project sponsor to retain a qualified archaeologist to prepare a Cultural Resources Monitoring Plan that identifies the personnel and procedures for onsite archeological monitoring; as well as the practices for the assessment, treatment, and protection of any archeological resource encountered during ground disturbing operations. The purpose of this measure is to establish a program to detect, avoid, and/or protect unique prehistoric or historic archaeological resources, should these resources be encountered during project construction. Mitigation Measure CUL‐1b requires that WEAP training be conducted prior to any ground disturbance so that any personnel involved in ground disturbance have been appropriately informed of the potential for inadvertent discovery of onsite archeological resources, applicable laws and regulations governing the treatment of such resources; and proper notification and avoidance practices should these resources be encountered onsite. Mitigation Measure CUL‐1c requires archeological monitoring of the site to occur per the Cultural Resources Monitoring Plan, the cessation of activity within 100 feet of any archeological resource encountered, and the subsequent assessment, treatment, preservation, and/or recovery of any such resource. The purpose of this measure is to avoid potential adverse effects or the destruction of a unique prehistoric or historic archaeological resource or site. Implementation of the identified mitigation measures would reduce the impact to a less‐than‐ significant level. Pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), the City finds that, based upon substantial evidence in the record as presented in Section 4.4, Cultural Resources of the Draft EIR, changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the potentially significant impact on prehistoric or historic archaeological resources that could be located within the project site. LSA N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA F INDINGS OF F ACT A ND S TATEMENT OF O VERRIDING C ONSIDERATIONS O CTOBER 2024 P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) 14 3.2.2 Tribal Cultural Resources TCR‐1: Project ground disturbance has the potential to disturb, damage, or degrade either a tribal cultural resource or the contextual setting of such a resource, resulting in a substantial loss of the resource’s cultural value as determined in consultation with the Federated Indians of Graton Rancheria. Mitigation Measure TCR‐1a: Native American Monitoring. Native American monitoring by a representative of the Federated Indians of Graton Rancheria (FIGR) shall be required during all initial ground‐disturbing activities on the project site (including building foundation removal). Any excavations that extend below sediments that were previously monitored shall be subject to Native American monitoring. Monitoring procedures shall follow the Cultural Resources Monitoring Plan prepared under Mitigation Measure CUL‐1a as described in Section 4.4 of the EIR. Construction crews shall stop all work within 100 feet of any tribal cultural resource discovery until the find has been assessed by an archaeologist that meets the Secretary of the Interior's Professional Qualifications Standards in archaeology and by FIGR. Native American archaeological materials and tribal cultural resources could include obsidian and chert flaked stone tools (e.g., projectile and dart points), midden (culturally derived darkened soil containing heat‐affected rock, artifacts, animal bones, and/or shellfish remains), and/or groundstone implements (e.g., mortars and pestles). Mitigation Measure TCR‐1b: Survey of Site by Trained Human Remains Detection Dogs. Prior to the issuance of a grading or building permit, the project sponsor shall provide written evidence to the City's Community Development Department that a consultant has been retained to conduct a survey of the site using trained human remains detection dogs with an FIGR tribal monitor present. The survey shall be performed after the demolition of structures, structure foundations, and paved areas but prior to when trenching, grading, or earthwork on the project site commences. If the survey results in the identification of an area potentially containing human remains, the area should be avoided. If avoidance of such areas is not feasible, then the City shall require that a professional archaeologist be retained to conduct subsurface testing in the presence of a tribal representative from the FIGR to verify the presence or absence of remains. If human remains are confirmed, then the procedures in Mitigation Measure CUL‐1c shall be followed. Findings for Impact TCR‐1: Mitigation Measure TRC‐1a requires Native American representatives be present onsite during ground disturbing activities on the project site and that monitoring activities conform to those outlined in the Cultural Resources Monitoring Plan (see Mitigation Measure CUL‐ 1a). Mitigation Measure TCR‐1b requires that a human remains survey, accompanied by FIGR tribal monitoring, be completed prior to trenching, grading, or excavation activities. The purpose of these measures is to avoid potential adverse effects to tribal cultural resources, including human remains. Implementation of the identified mitigation measure would reduce the impact to a less‐than‐ significant level. Pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), the City finds that, based upon substantial evidence in the record as presented in Section 4.5, Tribal Cultural Resources of the Draft EIR, changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the potentially significant impact on tribal cultural resources, including potential impacts to Native American human remains. LSA F INDINGS OF F ACT A ND S TATEMENT OF O VERRIDING C ONSIDERATIONS O CTOBER 2024 N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) 15 3.2.3 Geology and Souls GEO‐1: Proposed and existing improvements could be damaged due to expansive soil conditions. Mitigation Measure GEO‐1: Lining of Bioretention Planters. The project geotechnical engineer shall review the proposed bioretention planter designs for the project to determine whether the designs meet the geotechnical recommendations regarding lining of stormwater drainage swales to address expansive soil conditions. If the project geotechnical engineer indicates that any of the bioretention planters should include bottom liners to address expansive soil conditions, the bioretention planter designs shall be modified in accordance with the geotechnical engineer’s recommendations. Modifications to bioretention planter designs shall account for potential increases in stormwater discharges that could occur from lining the bottoms of planters to ensure that the project would not increase stormwater discharges compared to existing conditions at the project site. Such modifications may include increasing the size/depth of bioretention planters, adding infiltration devices in areas that would not adversely affect proposed or existing improvements, or additional stormwater retention features such as bioswales or underground cisterns with metered outlets. The geotechnical review and potential modifications to project designs discussed above shall occur prior to the City of San Rafael (City) issuing grading or building permits for the project. Findings for Impact GEO‐1: Mitigation Measure GEO‐1 requires a geotechnical engineering assessment to make recommendations regarding expansive soil conditions, specifically to ensure the unlined bioretention planters do not contribute to unstable soil conditions. The purpose of this measure is to avoid seismic‐related ground failure due to expansive soils and to ensure that the project is constructed according to established engineering standards. Implementation of the identified mitigation measure would reduce the impact to a less‐than‐significant level. Pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), the City finds that, based upon substantial evidence in the record as presented in Section 4.6, Geology and Soils of the Draft EIR, changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the potentially significant impact related to geology and soils including expansive soil conditions. GEO‐2: Placement of new loads on the project site, vibration‐generating construction activities, and excavation and dewatering activities could result in subsidence, settlement, or differential settlement that could adversely affect the proposed and existing structures and other improvements. Mitigation Measure GEO‐2: Preparation of a Design‐Level Geotechnical Report. The project sponsor shall define the extent of engineered fill that would be placed on the project site and extent of excavation that would occur for subsurface parking structures in the project plans. The project sponsor shall hire a qualified Geotechnical Engineer to prepare a design‐level geotechnical report for the project that shall include the following: • A design‐level analysis of total and differential settlement that may occur for shallow foundations installed over areas of ground improvement, if ground improvement would be performed. This analysis must be based on site‐specific design recommendations for ground improvement prepared in accordance with the recommendations of the 2021 Geotechnical Investigation for the project. LSA N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA F INDINGS OF F ACT A ND S TATEMENT OF O VERRIDING C ONSIDERATIONS O CTOBER 2024 P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) 16 • A design‐level analysis of potential total and differential settlement associated with the placement of defined amounts of fill material, ground improvement activities, construction of other improvements, and dewatering activities on the project site. The settlement analysis shall define buffer distances away from construction activities within which settlement could occur as a result of the project and shall describe the settlement amounts that could occur within these buffer distances. • Allowable settlement estimates for planned and existing improvements both on the project site and within the buffer distances described above that shall account for estimated settlement amounts developed for existing and planned improvements on surrounding properties. • Recommendations to minimize the amounts of subsidence/settlement and differential settlement that would result from the project (e.g., minimizing placement of fill, use of lightweight fill, and shoring systems that would limit the movement of adjacent improvements and minimize the amount of excavation dewatering required, such as interlocking sheet piles or soil‐cement cut‐off walls). Recommendations to mitigate potential damage to proposed and existing improvements (e.g., structures, pavement surfaces, roadways, underground parking structure, and utilities), both on and off the project site, that could result from settlement of existing unstable soil on and near the project site as a result of the project. Such recommendations could include installation of bracing/underpinning, installation of flexible utility couplings, or relocation of utilities. • If the settlement analysis indicates that existing off‐site improvements could be adversely affected by settlement as a result of the project, a pre‐construction survey (e.g., crack survey) and settlement monitoring program shall be developed and implemented before and during construction for existing improvements that may be affected by the project. This survey shall be used as a baseline to evaluate any damage claims and also to assist the contractor in assessing the performance of shoring systems. The pre‐construction survey shall record the elevation and horizontal position of all existing installations within the buffer distance determined by the settlement analysis as described above, and shall consist of, but not be limited to, photographs, video documentation, and topographic surveys. The settlement monitoring program shall include installation of inclinometers and groundwater monitoring wells within a distance of 5 to 15 feet from excavations for below‐grade parking and toward existing improvements. Settlement surveys shall be performed on a weekly basis during excavation for below‐grade parking and on a monthly basis starting approximately 1 month after the excavation has been completed and continuing for a period of at least 2 years after the completion of construction activities (or other frequency and duration as recommended by the Geotechnical Engineer of Record). The project plans and design‐level geotechnical report shall be submitted to the City for review and approval prior to the City issuing grading or building permits. The project sponsor shall repair damages to existing or planned improvements if settlement monitoring identifies obvious damage or exceedance of allowable settlement amounts. The repair of damage shall be performed prior to the City issuing a certificate of occupancy for the project. Findings for Impact GEO‐2: Mitigation Measure GEO‐2 requires that the project sponsor retain a qualified geotechnical engineer to conduct a design‐level evaluation of the potential for subsidence or settlement to occur due to placement of new loads on the project site, use of vibration‐ LSA F INDINGS OF F ACT A ND S TATEMENT OF O VERRIDING C ONSIDERATIONS O CTOBER 2024 N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) 17 generation construction equipment and activities, and excavation and dewatering activities. The purpose of this measure and the required report is to avoid and mitigate potential ground failure and resulting damage to existing and proposed improvements that could occur due to the proposed project. A monitoring program is required to be put in place to ensure that off‐site improvements are not damaged and that repairs are made if necessary. Implementation of Mitigation Measure GEO‐2 would ensure that potential impacts of the project related to static settlement, subsidence, or collapse of unstable soil would be minimized to the extent feasible through compliance with site‐ specific construction and engineering practices to be detailed in a design‐level geotechnical report. Compliance with these measures would ensure that impacts are reduced to below a level of significance and consistent with accepted practices throughout the State. Pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), the City finds that, based upon substantial evidence in the record as presented in Section 4.6, Geology and Soils of the Draft EIR, changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the potentially significant impact related to geology and soils including subsidence, settlement, or differential settlement. GEO‐3: The project could directly or indirectly destroy a unique paleontological resource or site. Mitigation Measure GEO‐3: Paleontological Resource Protection. Before the start of any excavation activities, the project sponsor shall retain a qualified paleontologist, as defined by the Society of Vertebrate Paleontology (SVP), who is experienced in training construction personnel regarding paleontological resources. The qualified paleontologist shall train all construction personnel who are involved with earthmoving activities, including the site superintendent, regarding the possibility of encountering fossils, the appearance and types of fossils that could be seen during construction, and proper notification procedures should fossils be encountered. Should any paleontological resources be encountered during construction activities, all ground‐disturbing activities within 50 feet of the find shall cease, and the City and project sponsor shall be notified immediately. The project sponsor shall immediately notify the qualified paleontologist and request that they assess the situation per SVP standards, consult with agencies as appropriate, and make recommendations for the treatment of the discovery if found to be significant. If construction activities cannot avoid the paleontological resources, adverse effects to paleontological resources shall be mitigated. Mitigation may include monitoring, recording the fossil locality, conducting data recovery and analysis, preparing a technical report, and providing the fossil material and technical report to a paleontological repository, such as the University of California Museum of Paleontology. Public educational outreach may also be appropriate. Upon completion of the assessment, a report documenting methods, findings, and recommendations shall be prepared and submitted to the City for review. Findings for Impact GEO‐3: Mitigation Measure GEO‐3 requires the retention of a qualified paleontologist to provide training on the potential for discovery of onsite paleontological resources during ground disturbing activities, as well as avoidance and notification procedures. This measure further requires assessment and appropriate treatment of any paleontological resource encountered during earth disturbance activities. The purpose of this measure is to avoid destruction of a unique paleontological resource or site. Implementation of the identified mitigation measure would reduce the impact to a less‐than‐significant level. Pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), the City finds that, based upon substantial LSA N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA F INDINGS OF F ACT A ND S TATEMENT OF O VERRIDING C ONSIDERATIONS O CTOBER 2024 P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) 18 evidence in the record as presented in Section 4.6, Geology and Soils of the Draft EIR, changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the potentially significant impact on paleontological resources that could be located within the project site. 3.2.4 Hydrology and Water Quality HYD‐1: Project dewatering could result in the migration of potential off‐site groundwater contamination towards the project site. Mitigation Measure HYD‐1: Prevent Potential Groundwater Contamination Migration. The project sponsor shall coordinate with the appropriate regulatory agency (most likely the Regional Water Quality Control Board ([RWQCB]) to evaluate whether groundwater beneath the shopping center adjacent to the eastern perimeter of the project site has been contaminated by a release of hazardous materials. If groundwater contamination is identified at this off‐site property, the project sponsor shall evaluate whether proposed dewatering activities could result in migration of off‐site groundwater contamination to areas that were not previously contaminated. This evaluation shall include the following: • A detailed analysis of soil formations that would be affected by excavation and dewatering activities, including an analysis of hydraulic conductivity through potential preferential pathways, including the buried former creeks and drainage ditch on and adjacent to the project site; • A detailed description of proposed excavation shoring and dewatering systems, including dewatering locations, flow rates, and durations that would be required based on the soil formations present; and • Hydraulic modeling to demonstrate potential changes to groundwater conditions, including changes in groundwater levels and flow directions, and potential movement of contaminated groundwater. If the evaluation indicates that project dewatering could result in migration of off‐site groundwater contamination to previously uncontaminated areas, the proposed excavation shoring and dewatering system design shall be modified as necessary to ensure that project dewatering would not result in the migration of off‐site groundwater contamination. Such modifications to the proposed shoring systems could include the use of interlocking sheet piles or soil‐cement cut‐off walls that can reduce dewatering requirements. The project sponsor shall submit the hydraulic evaluation and dewatering plans to the appropriate regulatory agency for review and approval. The project sponsor shall provide the City of San Rafael (City) with evidence of agency approval for the proposed dewatering activities prior to the City issuing permits for installation of excavation shoring or dewatering systems. Findings for Impact HYD‐1: Mitigation Measure HYD‐1 requires the project sponsor to coordinate with applicable regulatory agencies and to conduct an evaluation to ensure that project dewatering does not result in migration of contaminated groundwater to beneath the project site. The evaluation is required to determine if contamination is present at the off site property and if dewatering activities could result in migration of these contaminants. If so, the proposed excavation shoring and dewatering system is required to be modified as necessary to ensure that project dewatering would not result in migration of off‐site groundwater contamination. Implementation of LSA F INDINGS OF F ACT A ND S TATEMENT OF O VERRIDING C ONSIDERATIONS O CTOBER 2024 N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) 19 the identified mitigation measure would reduce the impact to a less‐than‐significant level. Pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), the City finds that, based upon substantial evidence in the record as presented in Section 4.7, Hydrology and Water Quality of the Draft EIR, changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the potentially significant impacts to hydrology and water quality, including migration of potential off‐site groundwater contamination. Impact HYD‐2: The increase in water supply demand due to the project could potentially interfere with sustainable management of groundwater in the Santa Rosa Plain Subbasin. Mitigation Measure HYD‐2: Water Supply Coordination. The Water Supply Assessment (WSA) prepared for the project shall be provided to Sonoma Water for review so that Sonoma Water can account for the increased water supply demand that would be generated by the project in their groundwater management efforts to maintain sustainable management of the Santa Rosa Plain Subbasin. Findings for Impact HYD‐2: Mitigation Measure HYD‐2 requires the City to provide the Water Supply Assessment prepared for the proposed project to Sonoma Water so that this agency can include the proposed project in its future water management plan projections. This would ensure that the proposed project would not interfere with sustainable management of groundwater recharge in the Santa Rosa Plain Subbasin. Implementation of the identified mitigation measure would reduce the impact to a less‐than‐significant level. Pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), the City finds that, based upon substantial evidence in the record as presented in Section 4.7, Hydrology and Water Quality of the Draft EIR, changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the potentially significant impacts to hydrology and water quality, including potential conflicts with sustainable management of groundwater. Impact HYD‐3: The 100‐year storm runoff from the project site could exceed the capacity of proposed stormwater infrastructure and result in flooding on the project site and surrounding roadways. Mitigation Measure HYD‐3: Hydraulic Modeling. The project sponsor shall hire a qualified Civil Engineer to perform hydraulic modeling to evaluate the 100‐year storm event hydraulic grade line water elevations on the project site under proposed project conditions. The qualified Civil Engineer shall coordinate with the City to determine the estimated sea level rise amount that shall be used in the hydraulic modeling. The evaluation shall account for contribution of runoff from the project site and surrounding properties (including reasonably foreseeable projects identified by the City) into public roadways. If the evaluation demonstrates that the 100‐year storm event could result in on‐ site flooding above the minimum of 1 foot of freeboard from the finished floor elevations on the project site or that runoff from the project site could contribute to increased flooding in off‐site areas (including roadways), the project shall incorporate additional stormwater retention systems (e.g., swales, retention ponds, or cisterns with metered outlets) and/or additional stormwater conveyance systems into the project design to ensure that stormwater runoff from the project would not result in on‐site flooding or contribute to increased off‐site flooding. The results of the LSA N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA F INDINGS OF F ACT A ND S TATEMENT OF O VERRIDING C ONSIDERATIONS O CTOBER 2024 P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) 20 hydraulic modeling and any changes to the project’s stormwater management system designs shall be submitted to the City for review and approval prior to the issuance of grading or building permits. Findings for Impact HYD‐3: Mitigation Measure HYD‐3 requires the project sponsor to retain a qualified civil engineer to evaluate the 100‐year storm event hydraulic grade line water elevations on the project site under proposed project conditions and to modify the project’s stormwater management system if necessary to ensure that on‐ or off‐site flooding does not occur. Implementation of the identified mitigation measure would reduce the impact to a less‐than‐ significant level. Pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), the City finds that, based upon substantial evidence in the record as presented in Section 4.7, Hydrology and Water Quality of the Draft EIR, changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the potentially significant impacts to hydrology and water quality, including the potential for on‐ or off‐site flooding to occur. 3.2.5 Hazards and Hazardous Materials HAZ‐1: Demolition or renovation activities may result in the release of PCBs into the environment. Mitigation Measure HAZ‐1: Hazardous Building Materials Survey. Prior to issuance of demolition or renovation permits for existing structures, the project sponsor shall perform a comprehensive Hazardous Building Materials Survey (HBMS) for the structures to be affected, which shall be prepared and signed by a qualified environmental professional, documenting the presence or lack thereof of polychlorinated biphenyls (PCBs) containing equipment and materials, and any other hazardous building materials. The testing for PCBs shall include, but not be limited to, sampling of hydraulic oil in elevator equipment at the former Sears facilities, and sampling of stained concrete near existing and former hydraulic elevator and lift equipment at the former Sears facilities. The location of the vault that contained the transformer oil leak in 1997 shall be identified through coordination with representatives of the project site, research of building plans, and/or by requesting such information from the Pacific Gas and Electric Company (PG&E); sampling of concrete for PCBS shall be performed in this vault. If the location of the transformer that leaked oil in 1997 cannot be identified, PCB sampling shall be performed at all concrete vaults that could potentially have been affected by a transformer oil release. The HBMS shall include abatement specifications for the stabilization and/or removal of the identified hazardous building materials in accordance with all applicable laws and regulations. The project sponsor shall implement the abatement specifications and shall submit to the City evidence of completion of abatement activities prior to demolition or renovation of the existing structures. Findings for Impact HAZ‐1: Mitigation Measure HAZ‐1 requires the project sponsor to conduct a Hazardous Building Materials Survey to determine if PCBs and other hazardous materials are present within the structures to be demolished and if they are present, to conduct abatement activities in accordance with all applicable laws and regulations. The purpose of this measure is to avoid the release of lead, asbestos, PCBs, and other hazardous materials into the environment. Implementation of the identified mitigation measure would reduce the impact to a less‐than‐ significant level. Pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), the City finds that, based upon substantial evidence in the record as presented in Section 4.8, Hazards and Hazardous Materials of the Draft EIR, changes or alterations have been LSA F INDINGS OF F ACT A ND S TATEMENT OF O VERRIDING C ONSIDERATIONS O CTOBER 2024 N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) 21 required in, or incorporated into, the project which mitigate or avoid the potentially significant impact related to hazardous materials, including potential impacts related to the release of PCBs and other hazardous materials. HAZ‐2: Subsurface hazardous materials may be released into the environment during construction and operation of the project. Mitigation Measure HAZ‐2: Soil and Groundwater Management Plan. The project sponsor shall engage with the appropriate regulatory agency (e.g., the San Francisco Bay Regional Water Quality Control Board [RWQCB] or Department of Toxic Substances Control [DTSC]) to provide oversight of additional subsurface investigation at the project site, preparation and implementation of a Soil and Groundwater Management Plan (SGMP), and the implementation of remedial actions, as necessary, at the project site. The additional subsurface investigation activities shall include additional investigation of potential contamination source areas to define the extent of subsurface contamination at the project site. The additional subsurface investigation activities shall include analysis of PCBs in soil and groundwater near areas of former and existing hydraulic elevators and lifts and the transformer that leaked oil in 1997. The SGMP shall outline soil and groundwater management protocols that would be implemented during redevelopment of the project site to ensure that construction workers, the public, future occupants, and the environment would not be exposed to hazardous materials that may be present in the subsurface of the project site. The SGMP shall include, at a minimum, the following procedures to be implemented during construction: • Health and safety requirements for construction workers that may handle contaminated soil or groundwater; • Guidelines for controlling airborne dust, vapors, and odors; • Air monitoring requirements for volatile organic compounds (VOCs) during construction; • Regulatory notification requirements if undocumented contamination or features of environmental concern (e.g., underground storage tanks [USTs] or clarifiers/sumps/vaults and associated piping) are encountered; • Inspection and sampling protocols for contaminated soil or groundwater by a qualified environmental professional; • Guidelines for groundwater dewatering, treatment, and disposal to ensure compliance with applicable regulations/permit requirements; and • Guidelines for the segregation of contaminated soil, stockpile management, characterization of soil for off‐site disposal or on‐site re‐use, and importing of clean fill material. The report(s) documenting additional investigation activities and the SGMP shall be submitted to the regulatory oversight agency for review and approval prior to the City issuing demolition or grading permits for the project. Remedial actions that may be required for the project could include, but would not necessarily be limited to, removal of hazardous materials containers/features (e.g., USTs, piping, clarifiers/sumps/vaults), removal and off‐site disposal of contaminated soil or groundwater, in‐situ treatment of contaminated soil or groundwater, or engineering/institutional controls (e.g., installation of vapor intrusion mitigation systems and establishing deed restrictions). If remedial actions are required for the project, the project sponsor shall submit to the City evidence of approvals from the regulatory oversight agency for any proposed remedial action plans prior to LSA N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA F INDINGS OF F ACT A ND S TATEMENT OF O VERRIDING C ONSIDERATIONS O CTOBER 2024 P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) 22 the City issuing demolition, grading, or building permits that would be required for the remedial action. The project sponsor shall document the implementation of the SGMP during construction and the completion of remedial actions. The project sponsor shall submit to the City evidence of approval from the regulatory oversight agency for the implementation of the SGMP and completion of any remedial actions prior to the City issuing a certificate of occupancy for the project site. Findings for Impact HAZ‐2: Mitigation Measure HAZ‐2 requires the project sponsor to work with and receive approval from the applicable regulatory agency to identify additional subsurface hazards, prepare and implement a Soil and Groundwater Management Plan, and implement necessary remedial actions. The purpose of this measure is to ensure that subsurface contamination on the project site is properly investigated and remediated, and the risk of release of subsurface hazardous materials into the environment during construction and operation of the project is reduced. Implementation of this mitigation measure would reduce the impact to a less‐than‐significant level. Pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), the City finds that, based upon substantial evidence in the record as presented in Section 4.8, Hazards and Hazardous Materials of the Draft EIR, changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the potentially significant impact on hazards materials, including potential impacts associated with potential release of subsurface hazardous materials. 3.2.6 Transportation TRA‐1: Implementation of the proposed project would worsen an existing hazardous geometric design feature at the driveway 280 feet north of Northgate Drive/Thorndale Drive. Mitigation Measure TRA‐1: Sight Triangle Maintenance. The project sponsor shall submit plans showing that vegetation would be removed from the sight triangle shown on Plate 2 in the Transportation Impact Study (TIS) prepared for the proposed project (included as Appendix F to the Environmental Impact Report [EIR]). Consistent with the Federal Highway Administration’s (FHWA) guide on Vegetation Control for Safety (2007), bushes and shrubs within a motorists’ line of sight shall be kept under 3 feet in height, and trees and hanging branches shall be trimmed to a minimum height of 7 feet. The City’s Community Development Director, or their designee, shall verify that the project plans show the sight triangle clear of vegetation consistent with FHWA guidelines prior to the issuance of any building permits. These conditions shall also be maintained throughout the life of the project. Findings for Impact TRA‐1:Mitigation Measure TRA‐1 requires removal of vegetation to improve sight distance at the driveway 280 feet north of Northgate Drive and Thorndale Drive. This measure includes maintenance of this condition throughout the life of the project. Implementation of the identified mitigation measure would reduce the impact to a less‐than‐significant level. Pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), the City finds that, based upon substantial evidence in the record as presented in Section 4.9, Transportation of the Draft EIR, changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the potentially significant impact related to an existing hazardous geometric design feature. Air Quality LSA F INDINGS OF F ACT A ND S TATEMENT OF O VERRIDING C ONSIDERATIONS O CTOBER 2024 N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) 23 AIR‐1: The proposed project could conflict with implementation of the San Francisco Bay Area Clean Air Plan. Mitigation Measure AIR‐1: Implement Mitigation Measures AIR‐2 and AIR‐3 (identified below). Findings for Impact AIR‐1: Mitigation Measure AIR‐ 2 requires implementation of the BAAQMD’s Best Management Practices (BMPs) for construction‐related fugitive dust emissions that are applicable to all construction projects throughout the Air Basin. These measures would ensure that short‐term impacts associated with generation of particulate matter and fugitive dust are reduced to the extent feasible. Mitigation Measures AIR‐3a and AIR‐3b, require the project sponsor to ensure that that all diesel‐powered engines are CARB‐certified Tier 4 final engines and that during Phase 1 development VOC levels in all interior paint and architectural coatings are limited to 50 grams per liter or less. Implementation of the identified mitigation measures would ensure that construction period air quality emissions are reduced to the extent feasible and that emissions do not exceed the established thresholds, thus ensuring that there would be no conflict with the San Francisco Bay Area Clean Air Plan. Pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), the City finds that, based upon substantial evidence in the record as presented in Section 4.10, Air Quality of the Draft EIR, changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the potentially significant impact on air quality, including potential impacts due to ROG and NOX emissions. Impact AIR‐2: Construction of the proposed project would generate fugitive dust (PM2.5 and PM10) emissions. Mitigation Measure AIR‐2: BAAQMD Basic Construction Mitigation Measures. In order to meet the Bay Area Air Quality Management District (BAAQMD) fugitive dust threshold, the following BAAQMD Basic Construction (Best Management Practice) Mitigation Measures shall be implemented for all phases of construction: • All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. • All haul trucks transporting soil, sand, or other loose material off site shall be covered. • All visible mud or dirt tracked‐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. • All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph). • 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. • 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 California Code of Regulations [CCR] Title 13, LSA N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA F INDINGS OF F ACT A ND S TATEMENT OF O VERRIDING C ONSIDERATIONS O CTOBER 2024 P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) 24 Section 2485, the California Airborne Toxic Control Measure). Clear signage shall be provided for construction workers at all access points. • All trucks and equipment, including their tires, shall be washed off prior to leaving the site. • All construction equipment shall be maintained and properly tuned in accordance with manufacturers’ specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. • A publicly visible sign shall be posted with the telephone number and person to contact at the City of San Rafael regarding dust complaints, and the City staff person shall respond and take corrective action within 48 hours. The BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations. Findings for Impact AIR‐2: Mitigation Measure AIR‐2 requires implementation of the BAAQMD’s Best Management Practices (BMPs) for construction‐related fugitive dust emissions that are applicable to all construction projects throughout the Air Basin. The purpose of this measure is to reduce fugitive dust emissions during construction, consistent with BAAQMD requirements. Implementation of the identified mitigation measure would reduce the impact to a less‐than‐ significant level. Pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), the City finds that, based upon substantial evidence in the record as presented in Section 4.10, Air Quality of the Draft EIR, changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the potentially significant construction‐period impact on air quality, including potential impacts due to fugitive dust emissions. Impact AIR‐3: Construction of Phase 1 would generate ROG and NOX emissions in excess of thresholds established by the BAAQMD, resulting in a violation of air quality standards. Mitigation Measure AIR‐3a: Construction Equipment Requirements. Prior to the commencement of construction activities, the project sponsor shall require its construction contractor to demonstrate that all 50 HP or greater diesel‐powered equipment are powered with California Air Resources Board (CARB)‐certified Tier 4 Final engines. Mitigation Measure AIR‐3b: Phase 1 Architectural Coatings and Interior Paints. To address the impact relative to reactive organic gas (ROG) emissions during Phase 1 construction, all interior paints and other architectural coatings shall be limited to 50 grams per liter or less of volatile organic compounds (VOCs). The project sponsor’s construction contractor shall procure architectural coatings from a supplier in compliance with the requirements of BAAQMD Regulation 8, Rule 3 (Architectural Coatings), that meet the 50 grams per liter or less VOC content. Findings for Impact AIR‐3: Mitigation Measures AIR‐3a and AIR‐3b require the project sponsor to ensure that that all diesel‐powered engines are CARB‐certified Tier 4 final engines and that during Phase 1 development VOCs in all interior paints and architectural coating are limited to 50 grams per liter or less. The purpose of these measures is to ensure that ROG and NOX emissions are reduced to below established BAAQMD significance thresholds. Implementation of the identified mitigation measure would reduce the impact to a less‐than‐significant level. Pursuant to Public LSA F INDINGS OF F ACT A ND S TATEMENT OF O VERRIDING C ONSIDERATIONS O CTOBER 2024 N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) 25 Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), the City finds that, based upon substantial evidence in the record as presented in Section 4.10, Air Quality of the Draft EIR, and in the RTC Document, changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the potentially significant impact on air quality, including potential impacts due to ROG and NOX emissions. Impact AIR‐4: Construction of the proposed project would expose sensitive receptors to substantial pollutant concentrations through exceeding the carcinogenic inhalation health risk threshold. Mitigation Measure AIR‐4: Implement Mitigation Measure AIR‐3a. Findings for Impact AIR‐4: Mitigation Measure AIR‐3a requires the project sponsor to ensure that all diesel‐powered engines are CARB‐certified Tier 4 final engines to reduce the emission of toxic air contaminants (TACs) such as diesel particulate matter (DPM). The purpose of this measure is to reduce cancer risk at the maximally exposed individual (MEI) to below the BAAQMD cancer risk of 10 in 1 million. Implementation of the identified mitigation measure would reduce the impact to a less‐than‐significant level. Pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), the City finds that, based upon substantial evidence in the record as presented in Section 4.10, Air Quality of the Draft EIR, and in the RTC Document, changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the potentially significant impact on air quality, including potential impacts due to exposure of sensitive receptors to substantial pollutant concentrations. 3.2.8 Noise NOI‐1: Construction of the proposed project would result in a significant short‐term increase in ambient noise levels in the vicinity of the project site in excess of the thresholds established in the City of San Rafael General Plan or Noise Ordinance. Mitigation Measure NOI‐1: Sound Barriers. The City of San Rafael (City) Director of Community Development, or designee, shall verify prior to issuance of demolition or grading permits that the approved plans require that the construction contractor implement the following measures during project construction activities: • Temporary noise barriers or shrouds shall be installed (featuring materials and methods of assembly and installation that yields a sound transmission class [STC] of 20 or better) near the operating equipment in a safe, feasible, and practical manner to break sound paths between it and the off‐site or on‐site noise‐sensitive receptors (e.g., single‐ or multi‐family residences) of concern. • During Phase 1 of construction, the temporary barriers shall be a minimum of 10 feet tall. • During Phase 2 of construction, the barriers shall be a minimum of 11 feet tall. Findings for Impact NOI‐1: Mitigation Measure NOI‐1 requires the project sponsor to install temporary noise barriers during construction to prevent noise levels at off‐site receptors (during Phase 1) and Phase 1 residential receptors (during Phase 2 construction) from exceeding established LSA N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA F INDINGS OF F ACT A ND S TATEMENT OF O VERRIDING C ONSIDERATIONS O CTOBER 2024 P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) 26 thresholds. Specifically, implementation of Mitigation Measure NOI‐1 would reduce the predicted increase in outdoor ambient noise levels at these closest off‐site noise‐sensitive receptors to less than or equal to 10 dB. The purpose of this measure is to reduce exposure of residents to excessive noise levels during construction. Implementation of the identified mitigation measure would reduce the impact to a less‐than‐significant level. Pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), the City finds that, based upon substantial evidence in the record as presented in Section 4.12, Noise of the Draft EIR, and in the RTC Document, changes or alterations have been required in, or incorporated into, the project which mitigate or avoid potentially significant construction‐period noise impacts, including potential impacts related to exposure of residents to excessive noise levels. 3.2.9 Utilities and Service Systems UTL‐1: The proposed project would generate wastewater that would exceed the capacity of the existing sewer infrastructure that serves the project site. Mitigation Measure UTL‐1: Prior to the issuance of a certificate of occupancy for any of the residential units on the project site, the existing 12‐ 15‐ and 18‐inch diameter Northgate Trunk Sewer line downstream of the project site shall be upsized as determined by hydraulic calculations conducted by the project sponsor in coordination with the Las Gallinas Valley Sanitary District (LGVSD). The analysis shall also identify the fair share cost for these improvements attributed to the proposed project. The certificate of occupancy shall not be issued until the LGVSD has issued final approval that the required upgrades have been completed. Findings for Impact UTL‐1: Mitigation Measure UTL‐1 would require the existing Northgate Trunk Sewer Line to be upsized to prevent project‐generated wastewater from exceeding the capacity of the existing sewer system. Implementation of the identified mitigation measure would reduce the impact to a less‐than‐significant level. Pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), the City finds that, based upon substantial evidence in the record as presented in Section 4.14, Utilities and Service Systems of the Draft EIR and in the RTC Document, changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the potentially significant impacts to sewer infrastructure. 3.3 ENVIRONMENTAL EFFECTS FOUND TO BE LESS THAN SIGNIFICANT OR TO HAVE NO IMPACT This section identifies impacts of the project that are less than significant or would result in no impact and do not require mitigation measures. Based on information in the Final EIR, the City finds that based upon substantial evidence in the record, the following impacts have been determined to be less than significant: land use and planning; population and housing; visual resources; public services and recreation; and energy. The following topics were determined to have no impact: agricultural resources, biological resources, mineral resources, and wildfire. Growth‐inducing impacts were also found to be less than significant and are also discussed. LSA F INDINGS OF F ACT A ND S TATEMENT OF O VERRIDING C ONSIDERATIONS O CTOBER 2024 N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) 27 3.3.1 Land Use and Planning The proposed project would be generally consistent with the land use and planning‐related policies outlined in the City’s General Plan and as a result of regulations built into the PD District and the project sponsor’s compliance with those regulations, the proposed rezoning and development standard changes do not represent significant land use policy impacts. The project site is located within the Northgate Priority Development Area, would include both residential and commercial uses, and therefore would be consistent with the core strategy of Plan Bay Area 2050.2 In addition, the proposed project would not exceed VMT thresholds (see Section 4.9, Transportation of the Draft EIR), is anticipated to have a net‐negative impact on operational GHG emissions (see Section 4.11, Greenhouse Gas Emissions of the Draft EIR), and would not result in a significant impact on air quality (see Section 4.10, Air Quality of the Draft EIR, and the RTC Document). Therefore, the proposed project would be consistent with Plan Bay Area 2050. Lastly, the proposed project would not create any physical barriers to travel in the vicinity of the project site. Therefore, impacts related to land use and planning would be less than significant. Findings. The City finds that, based upon substantial evidence in the record presented in Section 4.1, Land Use and Planning of the Draft EIR, the project impact related to land use and planning is less than significant and no mitigation measures are required. 3.3.2 Population and Housing The proposed project would substantially increase the housing stock within San Rafael and the region and would be consistent with regional projections for population and household growth for the Bay Area and Marin County. The proposed project would not include removal of any existing residential uses and therefore would not require construction of replacement housing elsewhere. The City’s 2023‐2031 Housing Element was certified by the State Department of Housing and Community Development (HCD) on June 22, 2023.3 The 2023‐2031 Regional Housing Needs Assessment (RHNA) assigned San Rafael an allocation of 3,220 housing units.4 This allocation includes 857 units for very‐low income households, 492 units for low‐income households, 521 units for moderate‐income households, and 1,350 units for above moderate‐income households. The proposed project is identified in the Housing Element (see Housing Element Table 4.3) as providing 11.4 percent of the City’s current overall RHNA allocation, including 16.7 percent of the low‐income housing allocation. The proposed project would not result in substantial direct or indirect population growth beyond that planned for the city, county, or region, and instead would contribute to the 2 Plan Bay Area 2050 is the latest update to the long‐range Regional Transportation Plan and Sustainable Communities Strategy for the nine‐county San Francisco Bay Region developed and adopted the Metropolitan Transportation Commission (MTC) and the Association of Bay Area Governments (ABAG). Priority Development Areas (PDAs) are places near public transit that are planned for new homes, jobs and community amenities. By bringing transit, jobs and housing together in downtowns, along main streets and around rail stations, PDAs help the Bay Area reduce greenhouse gas emissions and begin to solve the region’s housing crisis. The PDAs were adopted by the executive bodies of MTC and ABAG on July 16, 2020 and represent areas local jurisdictions have identified for new and/or intensified development. The Northgate PDA has been identified as a “Regionally Significant” PDA. (see: https://abag.ca.gov/technical‐assistance/priority‐development‐area‐program‐overview). 3 San Rafael. City of. 2023. City of San Rafael Housing Element 6th Cycle 2023‐2031, adopted May 15, 2023. Website: https://www.cityofsanrafael.org/housing‐element‐2031/ 4 Of note, during the 5th Cycle (2015‐2023), the City permitted 388 units, satisfying approximately 38.5 of its RHNA allocation. (2023‐2031 Housing Element, page 2‐1). LSA N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA F INDINGS OF F ACT A ND S TATEMENT OF O VERRIDING C ONSIDERATIONS O CTOBER 2024 P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) 28 needed and planned supply of housing, including affordable housing. Therefore, impacts related to population and housing would be less than significant. Findings. The City finds that, based upon substantial evidence in the record presented in Section 4.2, Population and Housing of the Draft EIR, and in the RTC Document, the project impact related to population and housing is less than significant and no mitigation measures are required. 3.3.3 Visual Resources The proposed project would not conflict with the visual quality‐related policies and programs set forth in the San Rafael General Plan or impede attainment of a complimentary visual relationship between the proposed project and existing and planned development surrounding the site, the project area’s overall topography, or short‐range and long‐range ridgelines. Additionally, the proposed project would be subject to various Municipal Code and General Plan requirements that would minimize potential impacts related to light and glare that may result from the increase in intensity at the project site. As such, implementation of the proposed project would not create a source of light and glare that would substantially or adversely affect day or nighttime views in the area. The proposed project would also not cast any new shadows on surrounding uses, including the open space areas to the east and south. Therefore, impacts related to visual resources would be less than significant. Findings. The City finds that, based upon substantial evidence in the record presented in Section 4.3, Visual Resources of the Draft EIR, and in the RTC Document, the potential project impact related to visual resources is less than significant and no mitigation measures are required. 3.3.4 Public Services and Recreation The proposed project would not result in any development beyond that which was already considered in the General Plan and General Plan EIR and would therefore not significantly impact the provision of fire, police, school or other public services or necessitate construction of new facilities to provide such services, the construction of which could result in environmental effects. Additionally, the proposed project would not increase use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration could result. Therefore, impacts related to public services and recreation would be less than significant. Findings. The City finds that, based upon substantial evidence in the record presented in Section 4.13, Public Services and Recreation of the Draft EIR, and in the RTC Document, the potential project impact related to public services and recreation is less than significant and no mitigation measures are required. 3.3.5 Energy The proposed project would use renewable energy on site as determined to be feasible and would not result in wasteful, inefficient, or unnecessary consumption of energy resources (including electricity, natural gas, or petroleum) during construction or operation. The project would not involve characteristics that require equipment that would be less energy efficient than at comparable construction sites in the region or State. Additionally, the proposed project would LSA F INDINGS OF F ACT A ND S TATEMENT OF O VERRIDING C ONSIDERATIONS O CTOBER 2024 N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) 29 comply with and exceed applicable existing energy standards and regulations. Therefore, impacts related to energy would be less than significant. Findings. The City finds that, based upon substantial evidence in the record presented in Section 4.15, Energy of the Draft EIR, and in the RTC Document, the potential project impact related to energy is less than significant and no mitigation measures are required. 3.3.6 Agricultural Resources The project site and vicinity are located within an urban area in San Rafael. The project site is currently zoned as General Commercial and is classified as “Urban and Built‐Up Land” by the State Department of Conservation. The project site is not used for agricultural production and it does not support forestry resources. Therefore, there would be no impact to agricultural and forestry resources. Findings. The City finds that, based upon substantial evidence in the record as presented in Chapter 6.0, Other CEQA Considerations of the Draft EIR, there is no impact related to agricultural resources and no mitigation measures are required. 3.3.7 Biological Resources The project site does not provide suitable habitat for any special‐status plant species, does not contain any riparian habitat, wetlands, or wildlife movement corridors, and is not located within the boundaries of any adopted Habitat Conservation Plan. The proposed project would result in removal of mature trees and vacant buildings that could provide habitat for special‐status species, including the white‐tailed kite (Elanus leucurus) and pallid bat (Antrozous pallidus) as well as other roosting bats. Compliance with regulatory requirements imposed by the California Department of Fish and Wildlife (CDFW) and the federal Migratory Bird Treaty Act (MBTA) to protect nesting birds and roosting bats would be required as conditions of approval for the proposed project. Implementation of these measures, which are standard construction measures that are applicable to all construction projects that have potential to impact nesting birds and bats species, would ensure that these impacts would not occur. The project would comply with Chapter 11.12 of the San Rafael Municipal Code regarding tree removal and replacement. Therefore, there would be no impact on biological resources as a result of project implementation. Findings. The City finds that, based upon substantial evidence in the record as presented in Chapter 6.0, Other CEQA Considerations of the Draft EIR, there is no impact related to biological resources and no mitigation measures are required. 3.3.8 Mineral Resources The project site is located within an urban area on a developed site. The San Rafael Rock Quarry, which is located approximately 4.75 miles east of the project site, is the only mineral resource area located within San Rafael. Therefore, the proposed project would not result in the loss of availability of a known mineral resource of value to the region or residents of the State or the loss of availability of a locally important mineral resource recovery site. There would be no impact. LSA N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA F INDINGS OF F ACT A ND S TATEMENT OF O VERRIDING C ONSIDERATIONS O CTOBER 2024 P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) 30 Findings. The City finds that, based upon substantial evidence in the record as presented in Chapter 6.0, Other CEQA Considerations of the Draft EIR, there is no impact related to mineral resources and no mitigation measures are required. 3.3.9 Wildfire The project site and adjacent areas are not located in a State Responsibility Area for fire service that is mapped as Very High Fire Hazard Severity Zone (VHFHSZ) by the California Department of Forestry and Fire Protection (CAL FIRE). The southern edge of the site and areas to the west and south of the site are located within a Moderate Fire Hazard Severity Zone – Local Responsibility Area (LRA) as mapped by the County of Marin (refer to Figure 4.18‐1 of the San Rafael General Plan). No part of the proposed project site or its vicinity is labeled by the County of Marin as a Very High Fire Hazard Severity Zone. The project site is a generally level infill site in an urban area, and is bound by existing development on all sides. Therefore, the proposed project would not exacerbate wildfire risks and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire. The project would also be required to comply with the California Building Code and the California Fire Code (Section 7) requirements that mandate building materials to meet fire resistant standards to reduce urban wildfire potential. This is a requirement for all construction projects throughout the State. The City has citywide vegetation standards that require all property owners, regardless of Wildland Urban Interface (WUI) status, to maintain vegetation in ways that reduce wildfire risk. San Rafael Municipal Code Section 4.12 applies to both new development and all existing structures. These vegetation standards go above and beyond the minimum State standards relating to vegetation management in and around developed lots and roads. The project site and the proposed project are not particularly vulnerable to risks from wildfire. The project would not expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death related to wildland fires. There would be no impact. Findings. The City finds that, based upon substantial evidence in the record as presented in Chapter 6.0, Other CEQA Considerations of the Draft EIR, and in the RTC Document, there is no impact related to wildfire and no mitigation measures are required. 3.3.10 Growth Inducement The proposed project consists of redevelopment of an infill site (consisting of the existing mall) through demolition, renovation, and new construction with a mix of commercial and residential land uses. As described in Section 4.1, Land Use and Planning of the Draft EIR, the proposed project fits within the overall development assumptions envisioned under the General Plan and assumed in the General Plan EIR, as well as the specific density requirements for the project site. In addition, Phase 1 of the proposed project is specifically identified in the 2023‐2031 Housing Element, which was certified in May 2023 and did not change any of the overall buildout figures from the 2040 General Plan. Therefore, the proposed project would not result in substantial direct or indirect population growth beyond that planned for the city, county, or region, and instead would contribute to the needed and planned for supply of housing, including affordable housing through the provision of up LSA F INDINGS OF F ACT A ND S TATEMENT OF O VERRIDING C ONSIDERATIONS O CTOBER 2024 N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) 31 to 143 below market rate units (approximately 10 percent of the total residential units in compliance with the City’s inclusionary housing requirements). Additionally, the proposed project would consist of redevelopment of an existing urbanized site and would not require extension of utilities or roads into undeveloped areas or directly or indirectly lead to development of greenfield sites.5 Although the existing Northgate Trunk Sewer line downstream of the project site would be required to be upsized to serve the proposed project (Mitigation Measure UTL‐1), approximately 58 percent of the larger pipe’s capacity would accommodate the proposed project development, and the remainder would accommodate existing development within the project area. Thus, enlarging the pipe would not facilitate new, unplanned population growth in the project area. Due to the location of the project site and the presence of existing uses on and in the vicinity of the site, development of the proposed project would not induce unplanned growth in the area. Therefore, the growth that would occur as a result of the proposed project would not be substantial or adverse. Findings. The City finds that, based upon substantial evidence in the record as presented in Chapter 6.0, Other CEQA Considerations of the Draft EIR, there is no impact related to growth inducement and no mitigation measures are required. 4.0 FINDINGS REGARDING ALTERNATIVES The analysis of alternatives to the project is found in Section 5.0 of the Draft EIR. Based on the analysis and the entire record, the City finds as follows: 4.1 NO PROJECT ALTERNATIVE The "No Project" alternative, required to be evaluated in the EIR, considers "existing conditions…as well as what would be reasonably expected to occur in the foreseeable future if the project were not approved, based on current plans and consistent with available infrastructure and community services" [CEQA Guidelines Section15126.6(e)(2)]. Under the No Project Alternative, the project site would continue to be occupied by the existing Northgate Mall. A total of approximately 2,190 persons could be employed on the project site at full occupancy, though this would continue to fluctuate based on market conditions. Finding: The City finds that the No Project Alternative would avoid all of the construction‐related impacts of the proposed project. Full occupancy of the Northgate Mall with commercial uses would result in more vehicle trips compared to operation of the proposed project, with resulting air pollutant and greenhouse gas (GHG) emissions. No mitigation measures would be required for the No Project Alternative; however, the No Project Alternative would not achieve any of the objectives of the proposed project. The No Project Alternative would not redevelop the Northgate Mall site with a mix of residential and commercial uses and under current economic conditions it is 5 Generally, “greenfield sites” are those that are not previously developed or graded and remain in a natural state. LSA N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA F INDINGS OF F ACT A ND S TATEMENT OF O VERRIDING C ONSIDERATIONS O CTOBER 2024 P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) 32 anticipated that the site would continue to be underutilized; therefore, the City finds this alternative to be infeasible pursuant to CEQA Guidelines Section 15091(a)(1). 4.2 REDUCED DEVELOPMENT ALTERNATIVE Under the Reduced Development Alternative, only Phase 1 (also referred to as the 2025 Master Plan) of the proposed project, as described in the Draft EIR and Chapter 2.0, Revised Project of the RTC Document, would be implemented. Phase 1 would consist of demolition of the two vacant retail buildings (Sears Auto Center and Sears Seasonal) totaling 28,500 square feet on the southern portion of the project site. Phase 1 of the proposed project also would include demolition of the RH Outlet building, the HomeGoods building, and Mall Shops East, which is approximately 144,432 square feet of the main building. A total of 44,380 square feet of new commercial space would also be constructed, resulting in a total of 501,941 square feet of commercial space. This alternative envisions development of only Phase 1, as described in Chapter 2.0 of the RTC Document; therefore, development under this alternative includes the construction of 864 residential units. Of these, 138 would be townhomes and 726 would be apartments. Compared to the proposed project, this alternative reduces the overall number of units developed on‐site by 558 units. The Revised Project distributed affordable dwellings throughout the project site, with 87 affordable units to be developed in Phase 1. As this alternative only envisions development of Phase 1, compared to the proposed project, 56 fewer affordable units would be developed under this alternative. It is estimated that Phase 1 would result in a reduction in employees from approximately 2,190 to 1,423. Finding: The City finds that the Reduced Development Alternative would slightly reduce the proposed project’s less than significant (including less than significant with mitigation) impacts related to air quality, energy, and noise for the proposed project due to the reduced construction and operation intensity,, but would not eliminate the construction‐related noise impacts or the need for construction‐period mitigation measures. The Reduced Development Alternative would also slightly decrease the volume of GHG emissions and the amount of operational noise emanating from heating, ventilation, and air conditioning (HVAC) equipment on‐site but would not reduce these impacts to a less than significant levels. Specifically, the Reduced Development Alternative would not reduce or avoid the significant and unavoidable impact related to greenhouse gas emissions (Impact GHG‐1) because, similar to the proposed project, natural gas would be used in the commercial kitchens. Additionally, operation‐period noise levels could exceed the City’s land use compatibility thresholds and, because the efficacy of the identified mitigation measures cannot be confirmed, this impact (Impact NOI‐1) would also be significant and unavoidable. A primary objective of the project is the provision of residential capacity to contribute to meeting the City’s RHNA requirement for 2021‐2029. While the Reduced Development Alternative would develop 864 residential units on the site, it would not contribute housing at the same level as the proposed project (which accounts for 44.1 percent of the City’s RHNA). Furthermore, this alternative would not fully realize the potential of the site to meet regional and housing needs that is in close proximity to public transit (as recognized by the site’s designation as a Priority Development Area by the City and ABAG). As established in the Fiscal Impact Analysis prepared for the project, the sales tax revenue associated with the Northgate Mall is expected to continue to decline as current LSA F INDINGS OF F ACT A ND S TATEMENT OF O VERRIDING C ONSIDERATIONS O CTOBER 2024 N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) 33 revenues are generated by a limited number of large tenants, which represents a lack of economic diversity and stability. With only the development of Phase 1, this alternative retains the current mix of large tenants on the Phase 2 portion of the site, depriving the City of the opportunity to maintain a strong, diverse, and more sustainable tax base. The retention of existing commercial uses further denies the development, residents, and City of the full mix and variety of desired and relevant locally owned and large‐scale commercial, dining, and retail options provided by the proposed project. Therefore, the Reduced Development Alternative does not fully result in the revitalization of the declining Northgate Mall into the mixed‐use development envisioned in the General Plan for the North San Rafael Neighborhood. This Alternative would partially satisfy the identified project objectives detailed in Chapter 3.0, Project Description of the Draft EIR, although to a lesser extent due to a reduction in the number of residential units provided and the retention of the existing commercial inventory of larger and less diverse uses. Therefore, because the Reduced Development Alternative would not reduce or avoid the significant and unavoidable environmental effects of the project and it would provide fewer housing units and a less diverse mix of uses on the site than the proposed project, the City finds this alternative to be infeasible pursuant to CEQA Guidelines Section 15091(a)(1). 4.3 REDUCED RESIDENTIAL ALTERNATIVE Under the Reduced Residential Alternative, the total number of residential units would decrease by 63 units compared to the Revised Project identified in Section 2.0 of the RTC Document, for a total of 1,359 units6 at buildout and a resulting residential population of 3,384. The reduction in the number of units would occur during implementation of Phase 1, with development of 801 residential units. With the exception of the reduction in residential unit count and mix, all other elements of the Phase 1 2025 Master Plan and Phase 2 2040 Vision Plan proposed by the project sponsor would occur. At full buildout, the Reduced Residential Alternative would include a total of up to 219,380 square feet of commercial space and up to 1,359 residential units, including 136 below market rate units set aside for low‐income households. The below market rate units would be constructed throughout the project site and in compliance with Section 14.16.030 of the San Rafael Municipal Code. Finding: The City finds that the Reduced Residential alternative would slightly reduce the proposed project’s less than significant impacts related to air quality, energy, and noise for the proposed project due to the reduced operational intensity and reduction in vehicle trips associated with fewer residential units, but would not eliminate any of the required construction‐ or operation‐period mitigation measures. The Reduced Residential Alternative would also slightly decrease the volume of GHG emissions and the amount of operational noise emanating from HVAC equipment on‐site but would not reduce these impacts to a less than significant levels. Specifically, the Reduced 6 The Reduced Residential Alternative would implement a reduction in units from the Revised Project identified in Section 2.0 of the RTC Document. The Revised Project envisions 864 units (138 townhomes and 726 apartments) in Phase 1, and 558 apartments in Phase 2, a total of 1,422 units overall. The 63 unit reduction under the Reduced Residential Alternative would come in Phase 1; therefore, under this alternative residential development would be 801 units (864‐63) in Phase 1 and 558 units in Phase 2, for a total of 1,359 units overall. LSA N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA F INDINGS OF F ACT A ND S TATEMENT OF O VERRIDING C ONSIDERATIONS O CTOBER 2024 P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) 34 Residential Alternative would not reduce or avoid the significant and unavoidable impact related to greenhouse gas emissions (Impact GHG‐1) because, similar to the proposed project, natural gas would be used in the commercial kitchens. Additionally, operation‐period noise levels could exceed the City’s land use compatibility thresholds and, because the efficacy of the identified mitigation measures cannot be confirmed, this impact (Impact NOI‐1) would also be significant and unavoidable. A primary objective of the project is the provision of residential capacity to contribute to meeting the City’s RHNA requirement for 2021‐2029. While the Reduced Development Alternative would develop 1,359 residential units on the site, it would not contribute housing at the same level as the proposed project (which accounts for 44.1 percent of the City’s RHNA). Furthermore, this alternative would not fully realize the potential of the site to meet regional and housing needs that is in close proximity to public transit (as recognized by the site’s designation as a Priority Development Area by the City and ABAG). Therefore, the Reduced Residential Alternative would partially satisfy the identified project objectives detailed in Chapter 3.0, Project Description of the Draft EIR, although to a lesser extent due to a reduction in the number of residential units provided. Therefore, because this Alternative would not reduce or avoid the significant and unavoidable environmental effects of the project and it would provide fewer housing units, the City finds this alternative to be infeasible pursuant to CEQA Guidelines Section 15091(a)(1). 5.0 FINDINGS WITH RESPECT TO MITIGATION OF SIGNIFICANT ADVERSE IMPACTS, AND ADOPTION OF MITIGATION MONITORING PROGRAM Based on the entire record before the City and having considered the unavoidable significant impacts of the project, the City hereby determines that all feasible mitigation within the responsibility and jurisdiction of the City and that can be feasibly implemented by the project sponsor has been adopted to reduce or avoid the potentially significant impacts identified in the Final EIR, and that no additional feasible mitigation is available to further reduce significant impacts. The feasible mitigation measures are discussed in Section 3.1 and 3.2, above, and are set forth in the Mitigation Monitoring and Reporting Program (MMRP). Section 21081.6 of the Public Resources Code requires the City to adopt a monitoring or compliance program regarding the changes in the project and mitigation measures imposed to lessen or avoid significant effects on the environment. The MMRP for the Northgate Mall Redevelopment Project is hereby adopted by the City to fulfill the CEQA mitigation monitoring requirements:  The Mitigation Monitoring and Reporting Program is designed to ensure compliance with the changes in the project and mitigation measures imposed on the project during project implementation; and  Measures to mitigate or avoid significant effects on the environment are fully enforceable through conditions of approval, permit conditions, agreements, or other measures. The City reserves the right to make amendments and/or substitutions of mitigation measures if the City determines that the amended or substituted mitigation measure will mitigate the identified LSA F INDINGS OF F ACT A ND S TATEMENT OF O VERRIDING C ONSIDERATIONS O CTOBER 2024 N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) 35 potential environmental impacts to at least the same degree as the original mitigation measure, and where the amendment or substitution would not result in a new significant impact on the environment which cannot be mitigated. 6.0 STATEMENT OF OVERRIDING CONSIDERATIONS CEQA requires the decision‐making agency to balance, as applicable, the economic, legal, social, technological or other benefits of the project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological or other benefits of the project outweigh the unavoidable adverse environmental effects, those effects may be considered "acceptable" (CEQA Guidelines 15093(a)). CEQA requires the agency to state, in writing, the specific reasons for considering a project acceptable when significant impacts are not avoided or substantially lessened. Those reasons must be based on substantial evidence in the Final EIR or elsewhere in the administrative record (CEQA Guidelines 15093(b)). In accordance with the requirements of CEQA and the CEQA Guidelines, the City finds that the mitigation measures identified in the Final EIR and the Mitigation Monitoring and Reporting Program (MMRP), when implemented, will avoid or substantially lessen many of the significant effects identified in the Final EIR for the Northgate Mall Redevelopment Project. However, significant impacts to Greenhouse Gas Emissions and Noise are unavoidable even after incorporation of all feasible mitigation measures. The Final EIR provides detailed information regarding these impacts. The City finds that all feasible mitigation measures identified in the Final EIR that are within the purview of the City would be implemented with the project. As identified below, the City further finds that the remaining significant unavoidable effects are outweighed and are found to be acceptable due to the following specific overriding economic, legal, social, technological, or other benefits, based upon the facts set forth above, the Final EIR, and the record. The City finds that any one of the benefits set forth below is sufficient by itself to warrant approval of the project. This determination is based on the findings herein and the evidence in the record. The following economic, legal, social, or technological benefits, independent of the other benefits, override the potential significant unavoidable adverse impacts and render acceptable each of the unavoidable adverse environmental impacts. Having balanced the unavoidable adverse environmental impacts against each of the benefits, the City hereby adopts this Statement of Overriding Considerations for the following reasons:  All feasible mitigation measures have been imposed to lessen project impacts to less than significant levels; alternatives to the project are rejected because while they have similar or slightly reduced environmental impacts, they provide reduced level of fiscal benefits, or are otherwise socially or economically less desirable when compared to the project. Additionally, none of the project alternatives would avoid or substantially reduce the significant unavoidable impacts of the project. LSA N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA F INDINGS OF F ACT A ND S TATEMENT OF O VERRIDING C ONSIDERATIONS O CTOBER 2024 P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) 36  The project will implement the San Rafael General Plan 2040 vision for mixed use, transit‐ oriented development, and high‐density housing on the project site; and is consistent with City’s General Plan intent7 to: ○ Support new housing and promote the innovative mix of housing types; ○ Encourage opportunities for new housing in commercial districts; ○ Promote higher density housing near transit and along bus lines; and ○ Emphasize inclusive housing opportunities for all segments of the community.  The project will implement the City’s and regional agencies’ designation of the project site as the Northgate Priority Development Area, an area identified by the City and the Association of Bay Area Governments (ABAG) as a place where development can help meet both local and regional housing needs in close proximity to convenient public transit service;  The project will redevelop the existing mall facility into a mixed‐use center with a relevant mix of commercial and retail offerings to support the local economy and provide tax revenues and employment opportunities;  Development of the site will create new housing to satisfy the needs of residents of various economic levels to satisfy the Regional Housing Needs Assessment (RHNA) allocation identified in the City’s 2023‐2031 Housing Element;  The provision of 1,422 dwelling units proposed represents 44.1 percent of the City’s total Regional Housing Needs Allocation (RHNA) for the 2023‐2031 cycle. As the City has not previously met its RHNA target (only 388 of 1,007 of the allocated units [38.5 percent] were permitted during the first seven years of the 2015‐2023 cycle), the proposed project would better ensure the provision of housing sufficient to meet the City’s RHNA allocation.  The project will create a publicly‐accessible town center/urban village through a combination of retail, dining, and residential uses within a pedestrian‐oriented urban core; and  The project will provide new publicly‐accessible outdoor amenities and open spaces, street improvements, and recreational opportunities interconnected by pedestrian links throughout the project. 7 San Rafael. City of. Table 1.2, 2023‐2031 Housing Element. LSA 1 M ITIGATION M ONITORING AND R EPORTING P ROGRAM O CTOBER 2024 N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA P:\CSR2001.03 Northgate\PRODUCTS\MMRP\Northgate MMRP_101824.docx (10/18/24) MITIGATION MONITORING AND REPORTING PROGRAM This Draft Mitigation Monitoring and Reporting Program (MMRP) is formulated based upon the findings of the Final Environmental Impact Report (EIR) prepared for the proposed Northgate Mall Redevelopment (project). The MMRP, found in Table 1 below, lists mitigation measures recommended in the EIR prepared for the proposed project and identifies mitigation monitoring and implementation requirements. This MMRP has been prepared to comply with the requirements of the California Environmental Quality Act (CEQA)(Public Resources Code Section 21081.6), which requires Lead Agencies making CEQA findings related to approval of a project for which an EIR was prepared/certified to adopt an MMRP when mitigation measures are required to avoid significant impacts. The MMRP is intended to ensure compliance with the mitigation measures identified in the EIR during implementation of the project. The MMRP is organized in a matrix format. The first two columns of Table 1 identify the potential impacts and corresponding mitigation measures. The third column, entitled, “Applicable Phase” describes the phase in which the mitigation measure will be implemented. The fourth column, entitled “Timeframe for Implementation,” refers to when monitoring will occur to ensure that the mitigating action is completed. The fifth column, entitled “Responsibility for Implementation,” refers to the party responsible for implementing the mitigation measure. The sixth column, entitled, “Oversight of Implementation,” refers to the party responsible for oversight or ensuring that the mitigation measure is implemented. EXHIBIT B LSA N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA M ITIGATION M ONITORING AND R EPORTING P ROGRAM O CTOBER 2024 P:\CSR2001.03 Northgate\PRODUCTS\MMRP\Northgate MMRP_101824.docx (10/18/24) 2 This page intentionally left blank LSA 3 M ITIGATION M ONITORING AND R EPORTING P ROGRAM O CTOBER 2024 N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA P:\CSR2001.03 Northgate\PRODUCTS\MMRP\Northgate MMRP_101824.docx (10/18/24) Environmental Impacts Mitigation Measures Applicable Phase Timeframe for Implementation Responsibility for Implementation Oversight of Implementation 4.4 CULTURAL RESOURCES Impact CUL-1: Project ground disturbance has the potential to unearth significant archaeological deposits or resources, resulting in a potential substantial adverse change on historical resources, as defined in State CEQA Guidelines Section 15064.5. CUL-1a, Preparation of a Cultural Resources Monitoring Plan. Prior to issuance of a grading permit or building permit, the project sponsor shall retain an archaeologist that meets the Secretary of the Interior's Professional Qualifications Standards in archaeology to prepare a Cultural Resources Monitoring Plan in consultation with the Federated Indians of Graton Rancheria (Graton Rancheria). The Cultural Resources Monitoring Plan shall include (but not be limited to) the following components for archaeological and Native American monitoring:  Person(s) responsible for conducting archaeological monitoring  Person(s) responsible for Native American monitoring  Procedures for notification in the event of the identification of cultural resources, as well as methods for treatment of such resources (e.g., documentation, collection, identification, repatriation)  Methods of protection for cultural resources, including items such as protective fencing, security, and protocol for notifying local authorities (i.e., law enforcement) should looting or other resource damage occur The Cultural Resources Monitoring Plan shall include a stipulation that, if significant archaeological or tribal cultural resources are identified, all work shall stop immediately within 100 feet of the resource(s). The Cultural Resources Monitoring Plan shall also include a stipulation that, during the course of the monitoring, the frequency of archaeological and Native American monitoring may be reduced from full-time to part- time based on the conditions and only if Graton Rancheria and the qualified archaeologist agree. Phase 1 and Phase 2. The Cultural Resources Monitoring Plan shall be prepared prior to the issuance of grading or building permits City approved qualified archaeologist retained by the project sponsor City of San Rafael Community Development Department, Planning Division LSA N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA M ITIGATION M ONITORING AND R EPORTING P ROGRAM O CTOBER 2024 P:\CSR2001.03 Northgate\PRODUCTS\MMRP\Northgate MMRP_101824.docx (10/18/24) 4 Environmental Impacts Mitigation Measures Applicable Phase Timeframe for Implementation Responsibility for Implementation Oversight of Implementation CUL-1b, Cultural Resources and Tribal Cultural Resources Sensitivity WEAP Training. Prior to issuance of a building permit, grading permit, or demolition permit involving any potential ground- disturbing activity (e.g., building foundation removal), all personnel involved in project-related ground- disturbing activities (e.g., on-site construction managers, backhoe operators) shall be required to participate in a cultural resources and tribal cultural resources sensitivity and awareness training program (Worker Environmental Awareness Program [WEAP]). The WEAP shall be developed by an archaeologist that meets the Secretary of the Interior's Professional Qualifications Standards in archaeology, in consultation with input from Graton Rancheria. The WEAP training shall be conducted before any project-related ground-disturbing activities (including building foundation removal) begin at the project site. The WEAP will include relevant information regarding sensitive cultural resources and tribal cultural resources, including applicable regulations, protocols for avoidance, and consequences of violating State laws and regulations. The WEAP will also describe appropriate avoidance and impact minimization measures for cultural resources and tribal cultural resources that could be located at the project site and will outline what to do and who to contact if any potential cultural resources or tribal cultural resources are encountered. The WEAP will emphasize the requirement for confidentiality and culturally appropriate treatment of any discovery of significance to Native Americans and will discuss appropriate behaviors and responsive actions, consistent with Native American tribal values. The WEAP training shall be presented by an archaeologist and a representative from Graton Rancheria. The project sponsor shall maintain a record Phase 1 and Phase 2. The WEAP shall be developed prior to issuance of building, grading, or demolition permits Completion of WEAP training by construction personnel shall occur prior to involvement in any ground disturbance activities Maintenance of WEAP training records throughout the duration of construction and submittal of WEAP training record to the City prior to issuance of certificate of occupancy City approved qualified archaeologist retained by the project sponsor City of San Rafael Community Development Department, Planning Division and Building Division LSA 5 M ITIGATION M ONITORING AND R EPORTING P ROGRAM O CTOBER 2024 N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA P:\CSR2001.03 Northgate\PRODUCTS\MMRP\Northgate MMRP_101824.docx (10/18/24) Environmental Impacts Mitigation Measures Applicable Phase Timeframe for Implementation Responsibility for Implementation Oversight of Implementation of all construction personnel that have received the WEAP training and provide the record to the City. WEAP training recipient records shall be maintained by the project sponsor throughout the duration of construction. A final WEAP training recipient record shall be submitted to the City of San Rafael prior to issuance of a certificate of occupancy. CUL-1c, Archaeological Monitoring and Resource Protection. Archaeological monitoring shall be required during initial ground-disturbing activities of sediments on the project site (including building foundation removal). For example, archaeological monitoring shall not be required during excavation of sediments that have been previously monitored by an archaeologist. Any excavations that extend below sediments that were previously monitored shall be subject to archaeological monitoring. Monitoring procedures shall follow the Cultural Resources Monitoring Plan prepared under Mitigation Measure CUL-1. Construction crews shall stop all work within 100 feet of any archaeological discovery until an archaeologist that meets the Secretary of the Interior's Professional Qualifications Standards in archaeology can assess the previously unrecorded discovery and provide recommendations. Resources could include subsurface historic-period 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 (e.g., mortars and pestles). Phase 1 and Phase 2 Monitoring shall occur during initial ground disturbing of sediments that have not been previously monitored Work shall stop if discoveries are made and may not resume until a qualified archaeologist has assessed the finds and made recommend- ations City approved qualified archaeologist and other monitors identified in the Cultural Resources Monitoring Plan (MM CUL-1a)/ construction contractor City of San Rafael Planning Department, Planning Division LSA N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA M ITIGATION M ONITORING AND R EPORTING P ROGRAM O CTOBER 2024 P:\CSR2001.03 Northgate\PRODUCTS\MMRP\Northgate MMRP_101824.docx (10/18/24) 6 Environmental Impacts Mitigation Measures Applicable Phase Timeframe for Implementation Responsibility for Implementation Oversight of Implementation 4.5 TRIBAL CULTURAL RESOURCES Impact TCR-1: Project ground disturbance has the potential to disturb, damage, or degrade either a tribal cultural resource or the contextual setting of such a resource, resulting in a substantial loss of the resource’s cultural value as determined in consultation with the Federated Indians of Graton Rancheria. TCR-1a, Native American Monitoring. Native American monitoring by a representative of the Federated Indians of Graton Rancheria (FIGR) shall be required during all initial ground-disturbing activities on the project site (including building foundation removal). Any excavations that extend below sediments that were previously monitored shall be subject to Native American monitoring. Monitoring procedures shall follow the Cultural Resources Monitoring Plan prepared under Mitigation Measure CUL-1a as described in Section 4.4 of the EIR. Construction crews shall stop all work within 100 feet of any tribal cultural resource discovery until the find has been assessed by an archaeologist that meets the Secretary of the Interior's Professional Qualifications Standards in archaeology and by FIGR. Native American archaeological materials and tribal cultural resources could include obsidian and chert flaked stone tools (e.g., projectile and dart points), midden (culturally derived darkened soil containing heat- affected rock, artifacts, animal bones, and/or shellfish remains), and/or groundstone implements (e.g., mortars and pestles). Phase 1 and Phase 2 Monitoring shall occur during initial ground disturbing of sediments that have not been previously monitored Work shall stop if discoveries are made and may not resume until a qualified archaeologist has assessed the finds and made recommend- ations City approved qualified archaeologist and other monitors identified in the Cultural Resources Monitoring Plan (MM CUL-1a)/ construction contractor City of San Rafael Community Development Department, Planning Division TCR-1b, Survey of Site by Trained Human Remains Detection Dogs. Prior to the issuance of a grading or building permit, the project sponsor shall provide written evidence to the City's Community Development Department that a consultant has been retained to conduct a survey of the site using trained human remains detection dogs with an FIGR tribal monitor present. The survey shall be performed after the demolition of structures, structure foundations, and paved areas but prior to when trenching, grading, or earthwork on the project site commences. If the survey results in the identification of an area potentially containing human remains, the area should be avoided. If avoidance of such areas is not feasible, Phase 1 and Phase 2 Written evidence that the appropriate consultant has been retained shall be provided prior to issuance of grading or building permits Surveys shall occur as specified Project sponsor/ construction contractor City of San Rafael Community Development Department, Planning Division LSA 7 M ITIGATION M ONITORING AND R EPORTING P ROGRAM O CTOBER 2024 N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA P:\CSR2001.03 Northgate\PRODUCTS\MMRP\Northgate MMRP_101824.docx (10/18/24) Environmental Impacts Mitigation Measures Applicable Phase Timeframe for Implementation Responsibility for Implementation Oversight of Implementation then the City shall require that a professional archaeologist be retained to conduct subsurface testing in the presence of a tribal representative from the FIGR to verify the presence or absence of remains. If human remains are confirmed, then the procedures in Mitigation Measure CUL-1c shall be followed. Avoidance and testing shall occur as needed and according to the Cultural Resources Monitoring Plan 4.6 GEOLOGY AND SOILS Impact GEO-1: Proposed and existing improvements could be damaged due to expansive soil conditions. GEO-1, Lining of Bioretention Planters. The project geotechnical engineer shall review the proposed bioretention planter designs for the project to determine whether the designs meet the geotechnical recommendations regarding lining of stormwater drainage swales to address expansive soil conditions. If the project geotechnical engineer indicates that any of the bioretention planters should include bottom liners to address expansive soil conditions, the bioretention planter designs shall be modified in accordance with the geotechnical engineer’s recommendations. Modifications to bioretention planter designs shall account for potential increases in stormwater discharges that could occur from lining the bottoms of planters to ensure that the project would not increase stormwater discharges compared to existing conditions at the project site. Such modifications may include increasing the size/depth of bioretention planters, adding infiltration devices in areas that would not adversely affect proposed or existing improvements, or additional stormwater retention features such as bioswales or underground cisterns with metered outlets. The geotechnical review and potential modifications to project designs discussed above shall occur prior to the City of San Rafael (City) issuing grading or building permits for the project. Phase 1 and Phase 2 Prior to issuance of grading or building permits Project sponsor/ geotechnical engineer City of San Rafael Community Development Department, Building Division LSA N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA M ITIGATION M ONITORING AND R EPORTING P ROGRAM O CTOBER 2024 P:\CSR2001.03 Northgate\PRODUCTS\MMRP\Northgate MMRP_101824.docx (10/18/24) 8 Environmental Impacts Mitigation Measures Applicable Phase Timeframe for Implementation Responsibility for Implementation Oversight of Implementation Impact GEO-2: Placement of new loads on the project site, vibration-generating construction activities, and excavation and dewatering activities could result in subsidence, settlement, or differential settlement and could adversely affect the proposed and existing structures and other improvements. GEO-2, Preparation of a Design-Level Geotechnical Report. The project sponsor shall define the extent of engineered fill that would be placed on the project site and extent of excavation that would occur for subsurface parking structures in the project plans. The project sponsor shall hire a qualified Geotechnical Engineer to prepare a design-level geotechnical report for the project that shall include the following:  A design-level analysis of total and differential settlement that may occur for shallow foundations installed over areas of ground improvement, if ground improvement would be performed. This analysis must be based on site-specific design recommendations for ground improvement prepared in accordance with the recommendations of the 2021 Geotechnical Investigation for the project.  A design-level analysis of potential total and differential settlement associated with the placement of defined amounts of fill material, ground improvement activities, construction of other improvements, and dewatering activities on the project site. The settlement analysis shall define buffer distances away from construction activities within which settlement could occur as a result of the project and shall describe the settlement amounts that could occur within these buffer distances.  Allowable settlement estimates for planned and existing improvements both on the project site and within the buffer distances described above that shall account for estimated settlement amounts developed for existing and planned improvements on surrounding properties.  Recommendations to minimize the amounts of subsidence/settlement and differential settlement that would result from the project (e.g., minimizing Phase 1 and Phase 2 The project plans and design-level geotechnical report shall be submitted and approved prior to issuance of grading or building permits Any damage repair shall be performed prior issuance of a certificate of occupancy Project sponsor/ geotechnical engineer City of San Rafael Community Development Department, Building Division LSA 9 M ITIGATION M ONITORING AND R EPORTING P ROGRAM O CTOBER 2024 N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA P:\CSR2001.03 Northgate\PRODUCTS\MMRP\Northgate MMRP_101824.docx (10/18/24) Environmental Impacts Mitigation Measures Applicable Phase Timeframe for Implementation Responsibility for Implementation Oversight of Implementation placement of fill, use of lightweight fill, and shoring systems that would limit the movement of adjacent improvements and minimize the amount of excavation dewatering required, such as interlocking sheet piles or soil-cement cut-off walls).  Recommendations to mitigate potential damage to proposed and existing improvements (e.g., structures, pavement surfaces, roadways, underground parking structure, and utilities), both on and off the project site, that could result from settlement of existing unstable soil on and near the project site as a result of the project. Such recommendations could include installation of bracing/underpinning, installation of flexible utility couplings, or relocation of utilities. LSA N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA M ITIGATION M ONITORING AND R EPORTING P ROGRAM O CTOBER 2024 P:\CSR2001.03 Northgate\PRODUCTS\MMRP\Northgate MMRP_101824.docx (10/18/24) 10 If the settlement analysis indicates that existing off- site improvements could be adversely affected by settlement as a result of the project, a pre- construction survey (e.g., crack survey) and settlement monitoring program shall be developed and implemented before and during construction for existing improvements that may be affected by the project. This survey shall be used as a baseline to evaluate any damage claims and also to assist the contractor in assessing the performance of shoring systems. The pre-construction survey shall record the elevation and horizontal position of all existing installations within the buffer distance determined by the settlement analysis as described above, and shall consist of, but not be limited to, photographs, video documentation, and topographic surveys. The settlement monitoring program shall include installation of inclinometers and groundwater monitoring wells within a distance of 5 to 15 feet from excavations for below- grade parking and toward existing improvements. Settlement surveys shall be performed on a weekly basis during excavation for below-grade parking and on a monthly basis starting approximately 1 month after the excavation has been completed and continuing for a period of at least 2 years after the completion of construction activities (or other frequency and duration as recommended by the Geotechnical Engineer of Record). The project plans and design-level geotechnical report shall be submitted to the City for review and approval prior to the City issuing grading or building permits. The project sponsor shall repair damages to existing or planned improvements if settlement monitoring identifies obvious damage or exceedance of allowable settlement amounts. The repair of damage shall be performed prior to the City issuing a certificate of occupancy for the project. LSA 11 M ITIGATION M ONITORING AND R EPORTING P ROGRAM O CTOBER 2024 N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA P:\CSR2001.03 Northgate\PRODUCTS\MMRP\Northgate MMRP_101824.docx (10/18/24) Environmental Impacts Mitigation Measures Applicable Phase Timeframe for Implementation Responsibility for Implementation Oversight of Implementation Impact GEO-3: The project could directly or indirectly destroy a unique paleontological resource or site. GEO-3, Paleontological Resource Protection. Before the start of any excavation activities, the project sponsor shall retain a qualified paleontologist, as defined by the Society of Vertebrate Paleontology (SVP), who is experienced in training construction personnel regarding paleontological resources. The qualified paleontologist shall train all construction personnel who are involved with earthmoving activities, including the site superintendent, regarding the possibility of encountering fossils, the appearance and types of fossils that could be seen during construction, and proper notification procedures should fossils be encountered. Should any paleontological resources be encountered during construction activities, all ground- disturbing activities within 50 feet of the find shall cease, and the City and project sponsor shall be notified immediately. The project sponsor shall immediately notify the qualified paleontologist and request that they assess the situation per SVP standards, consult with agencies as appropriate, and make recommendations for the treatment of the discovery if found to be significant. If construction activities cannot avoid the paleontological resources, adverse effects to paleontological resources shall be mitigated. Mitigation may include monitoring, recording the fossil locality, conducting data recovery and analysis, preparing a technical report, and providing the fossil material and technical report to a paleontological repository, such as the University of California Museum of Paleontology. Public educational outreach may also be appropriate. Upon completion of the assessment, a report documenting methods, findings, and recommendations shall be prepared and submitted to the City for review. Phase 1 and Phase 2 The qualified paleontologist shall be retained by the project sponsor and training of construction personnel shall occur prior to the start of excavation activities Avoidance, assessment, consultation, treatment, and reporting measures shall be implemented throughout the duration of construction and in the event of paleontological resources discovery Project paleontologist/ construction contractor City of San Rafael Community Development Department, Planning Division 4.7 HYDROLOGY AND WATER QUALITY Impact HYD-1: Project dewatering could result in the migration of potential off-site HYD-1, Prevent Potential Groundwater Contamination Migration. The project sponsor shall coordinate with the appropriate regulatory agency Phase 1 and Phase 2 Identification of and coordination with the Project sponsor The RWQCB or other appropriate oversight agency LSA N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA M ITIGATION M ONITORING AND R EPORTING P ROGRAM O CTOBER 2024 P:\CSR2001.03 Northgate\PRODUCTS\MMRP\Northgate MMRP_101824.docx (10/18/24) 12 Environmental Impacts Mitigation Measures Applicable Phase Timeframe for Implementation Responsibility for Implementation Oversight of Implementation groundwater contamination towards the project site. (most likely the Regional Water Quality Control Board ([RWQCB]) to evaluate whether groundwater beneath the shopping center adjacent to the eastern perimeter of the project site has been contaminated by a release of hazardous materials. If groundwater contamination is identified at this off-site property, the project sponsor shall evaluate whether proposed dewatering activities could result in migration of off-site groundwater contamination to areas that were not previously contaminated. This evaluation shall include the following:  A detailed analysis of soil formations that would be affected by excavation and dewatering activities, including an analysis of hydraulic conductivity through potential preferential pathways, including the buried former creeks and drainage ditch on and adjacent to the project site;  A detailed description of proposed excavation shoring and dewatering systems, including dewatering locations, flow rates, and durations that would be required based on the soil formations present; and  Hydraulic modeling to demonstrate potential changes to groundwater conditions, including changes in groundwater levels and flow directions, and potential movement of contaminated groundwater. If the evaluation indicates that project dewatering could result in migration of off-site groundwater contamination to previously uncontaminated areas, the proposed excavation shoring and dewatering system design shall be modified as necessary to ensure that project dewatering would not result in the migration of off-site groundwater contamination. Such modifications to the proposed shoring systems could include the use of interlocking sheet piles or soil- cement cut-off walls that can reduce dewatering appropriate oversight agency shall occur prior to dewatering activities Prior to the issuance of permits for dewatering, excavation, and/or shoring activities, submit evidence to the City that the dewatering evaluation and associated activities have been approved by the appropriate agency for dewatering evaluation For issuance of permits for any excavation of dewatering activities, the City of San Rafael Community Development Department, Building Division LSA 13 M ITIGATION M ONITORING AND R EPORTING P ROGRAM O CTOBER 2024 N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA P:\CSR2001.03 Northgate\PRODUCTS\MMRP\Northgate MMRP_101824.docx (10/18/24) Environmental Impacts Mitigation Measures Applicable Phase Timeframe for Implementation Responsibility for Implementation Oversight of Implementation requirements. The project sponsor shall submit the hydraulic evaluation and dewatering plans to the appropriate regulatory agency for review and approval. The project sponsor shall provide the City of San Rafael (City) with evidence of agency approval for the proposed dewatering activities prior to the City issuing permits for installation of excavation shoring or dewatering systems. Impact HYD-2: The increase in water supply demand due to the project could potentially interfere with sustainable management of groundwater in the Santa Rosa Plain Subbasin. HYD-2, Water Supply Coordination. The Water Supply Assessment (WSA) prepared for the project shall be provided to Sonoma Water for review so that Sonoma Water can account for the increased water supply demand that would be generated by the project in their groundwater management efforts to maintain sustainable management of the Santa Rosa Plain Subbasin. Phase 1 Prior to issuance of grading permits City of San Rafael Community Development Department, Planning Division City of San Rafael Community Development Department, Building Division Impact HYD-3: The 100-year storm runoff from the project site could exceed the capacity of proposed stormwater infrastructure and result in flooding on the project site and surrounding roadways. HYD-3, Hydraulic Modeling. The project sponsor shall hire a qualified Civil Engineer to perform hydraulic modeling to evaluate the 100-year storm event hydraulic grade line water elevations on the project site under proposed project conditions. The qualified Civil Engineer shall coordinate with the City to determine the estimated sea level rise amount that shall be used in the hydraulic modeling. The evaluation shall account for contribution of runoff from the project site and surrounding properties (including reasonably foreseeable projects identified by the City) into public roadways. If the evaluation demonstrates that the 100-year storm event could result in on-site flooding above the minimum of 1 foot of freeboard from the finished floor elevations on the project site or that runoff from the project site could contribute to increased flooding in off-site areas (including roadways), the project shall incorporate additional stormwater retention systems (e.g., swales, retention ponds, or cisterns with metered outlets) and/or additional stormwater conveyance systems into the project design to ensure that stormwater Phase 1 Prior to issuance of grading or building permits Project sponsor/qualified civil engineer City of San Rafael Public Works Department and Community Development Department, Building Division LSA N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA M ITIGATION M ONITORING AND R EPORTING P ROGRAM O CTOBER 2024 P:\CSR2001.03 Northgate\PRODUCTS\MMRP\Northgate MMRP_101824.docx (10/18/24) 14 Environmental Impacts Mitigation Measures Applicable Phase Timeframe for Implementation Responsibility for Implementation Oversight of Implementation runoff from the project would not result in on-site flooding or contribute to increased off-site flooding. The results of the hydraulic modeling and any changes to the project’s stormwater management system designs shall be submitted to the City for review and approval prior to the issuance of grading or building permits. 4.8 HAZARDS and HAZARDOUS MATERIALS Impact HAZ-1: Demolition or renovation activities may result in the release of PCBs into the environment. HAZ-1, Hazardous Building Materials Survey. Prior to issuance of demolition or renovation permits for existing structures, the project sponsor shall perform a comprehensive Hazardous Building Materials Survey (HBMS) for the structures to be affected, which shall be prepared and signed by a qualified environmental professional, documenting the presence or lack thereof of polychlorinated biphenyls (PCBs) containing equipment and materials, and any other hazardous building materials. The testing for PCBs shall include, but not be limited to, sampling of hydraulic oil in elevator equipment at the former Sears facilities, and sampling of stained concrete near existing and former hydraulic elevator and lift equipment at the former Sears facilities. The location of the vault that contained the transformer oil leak in 1997 shall be identified through coordination with representatives of the project site, research of building plans, and/or by requesting such information from the Pacific Gas and Electric Company (PG&E); sampling of concrete for PCBS shall be performed in this vault. If the location of the transformer that leaked oil in 1997 cannot be identified, PCB sampling shall be performed at all concrete vaults that could potentially have been affected by a transformer oil release. The HBMS shall include abatement specifications for the stabilization and/or removal of the identified hazardous building materials in accordance with all applicable laws and regulations. The project sponsor shall implement the abatement specifications and shall submit to the City Phase 1 and Phase 2 Prior to the issuance of demolition or renovation permits, submit evidence of completion of the HBMS Provide evidence to the City of any required abatement that has been completed per the specifications detailed in the HBMS prior to the start of demolition or renovation activities Project sponsor City of San Rafael Community Development Department, Planning and Building Divisions LSA 15 M ITIGATION M ONITORING AND R EPORTING P ROGRAM O CTOBER 2024 N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA P:\CSR2001.03 Northgate\PRODUCTS\MMRP\Northgate MMRP_101824.docx (10/18/24) Environmental Impacts Mitigation Measures Applicable Phase Timeframe for Implementation Responsibility for Implementation Oversight of Implementation evidence of completion of abatement activities prior to demolition or renovation of the existing structures. Impact HAZ-2: Subsurface hazardous materials may be released into the environment during construction and operation of the project. HAZ-2, Soil and Groundwater Management Plan. The project sponsor shall engage with the appropriate regulatory agency (e.g., the San Francisco Bay Regional Water Quality Control Board [RWQCB] or Department of Toxic Substances Control [DTSC]) to provide oversight of additional subsurface investigation at the project site, preparation and implementation of a Soil and Groundwater Management Plan (SGMP), and the implementation of remedial actions, as necessary, at the project site. The additional subsurface investigation activities shall include additional investigation of potential contamination source areas to define the extent of subsurface contamination at the project site. The additional subsurface investigation activities shall include analysis of PCBs in soil and groundwater near areas of former and existing hydraulic elevators and lifts and the transformer that leaked oil in 1997. The SGMP shall outline soil and groundwater management protocols that would be implemented during redevelopment of the project site to ensure that construction workers, the public, future occupants, and the environment would not be exposed to hazardous materials that may be present in the subsurface of the project site. The SGMP shall include, at a minimum, the following procedures to be implemented during construction:  Health and safety requirements for construction workers that may handle contaminated soil or groundwater;  Guidelines for controlling airborne dust, vapors, and odors;  Air monitoring requirements for volatile organic compounds (VOCs) during construction;  Regulatory notification requirements if undocumented contamination or features of Phase 1 and Phase 2 Submittal to and approval by the appropriate regulatory agency of the SGMP Prior to the issuance of grading or construction permits by the City, submit evidence the SGMP has been approved by the appropriate agency and that the remedial actions required have been completed and/or implemented into project plans Project sponsor/ construction contractor For review and approval of the SGMP, the appropriate regulatory agency. For issuance of permits for any grading or construction activity, the City of San Rafael Community Development Department, Building Division LSA N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA M ITIGATION M ONITORING AND R EPORTING P ROGRAM O CTOBER 2024 P:\CSR2001.03 Northgate\PRODUCTS\MMRP\Northgate MMRP_101824.docx (10/18/24) 16 Environmental Impacts Mitigation Measures Applicable Phase Timeframe for Implementation Responsibility for Implementation Oversight of Implementation environmental concern (e.g., underground storage tanks [USTs] or clarifiers/sumps/vaults and associated piping) are encountered;  Inspection and sampling protocols for contaminated soil or groundwater by a qualified environmental professional;  Guidelines for groundwater dewatering, treatment, and disposal to ensure compliance with applicable regulations/permit requirements; and  Guidelines for the segregation of contaminated soil, stockpile management, characterization of soil for off-site disposal or on-site re-use, and importing of clean fill material. The report(s) documenting additional investigation activities and the SGMP shall be submitted to the regulatory oversight agency for review and approval prior to the City issuing demolition or grading permits for the project. Remedial actions that may be required for the project could include, but would not necessarily be limited to, removal of hazardous materials containers/features (e.g., USTs, piping, clarifiers/sumps/vaults), removal and off-site disposal of contaminated soil or groundwater, in-situ treatment of contaminated soil or groundwater, or engineering/institutional controls (e.g., installation of vapor intrusion mitigation systems and establishing deed restrictions). If remedial actions are required for the project, the project sponsor shall submit to the City evidence of approvals from the regulatory oversight agency for any proposed remedial action plans prior to the City issuing demolition, grading, or building permits that would be required for the remedial action. The project sponsor shall document the implementation of the SGMP during construction and the completion of remedial actions. The project sponsor shall submit to LSA 17 M ITIGATION M ONITORING AND R EPORTING P ROGRAM O CTOBER 2024 N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA P:\CSR2001.03 Northgate\PRODUCTS\MMRP\Northgate MMRP_101824.docx (10/18/24) Environmental Impacts Mitigation Measures Applicable Phase Timeframe for Implementation Responsibility for Implementation Oversight of Implementation the City evidence of approval from the regulatory oversight agency for the implementation of the SGMP and completion of any remedial actions prior to the City issuing a certificate of occupancy for the project site. 4.9 TRANSPORTATION Impact TRA-1: Implementation of the proposed project would worsen an existing hazardous geometric design feature at the driveway 280 feet north of Northgate Drive/Thorndale Drive. TRA-1, Sight Triangle Maintenance. The project sponsor shall submit plans showing that vegetation would be removed from the sight triangle shown on Plate 2 in the Transportation Impact Study (TIS) prepared for the proposed project (included as Appendix F to the Environmental Impact Report [EIR]). Consistent with the Federal Highway Administration’s (FHWA) guide on Vegetation Control for Safety (2007), bushes and shrubs within a motorists’ line of sight shall be kept under 3 feet in height, and trees and hanging branches shall be trimmed to a minimum height of 7 feet. The City’s Community Development Director, or their designee, shall verify that the project plans show the sight triangle clear of vegetation consistent with FHWA guidelines prior to the issuance of any building permits. These conditions shall also be maintained throughout the life of the project. Phase 1 and Phase 2 Plans to be submitted prior to the issuance of any building permits and vegetation shall be maintained throughout the life of the project Project sponsor/ maintenance contractor City of San Rafael Community Development Department, Planning Division 4.10 AIR QUALITY Impact AIR-1: The proposed project could conflict with implementation of the San Francisco Bay Area Clean Air Plan. AIR-2, BAAQMD Basic Construction Mitigation Measures. In order to meet the Bay Area Air Quality Management District (BAAQMD) fugitive dust threshold, the following BAAQMD Basic Construction (Best Management Practice) Mitigation Measures shall be implemented for all phases of construction:  All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.  All haul trucks transporting soil, sand, or other loose material off site shall be covered.  All visible mud or dirt tracked-out onto adjacent public roads shall be removed using wet power Phase 1 and Phase 2 Throughout the construction period duration Project applicant/ construction contractor City of San Rafael Community Development Department, Planning Division and Building Division LSA N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA M ITIGATION M ONITORING AND R EPORTING P ROGRAM O CTOBER 2024 P:\CSR2001.03 Northgate\PRODUCTS\MMRP\Northgate MMRP_101824.docx (10/18/24) 18 Environmental Impacts Mitigation Measures Applicable Phase Timeframe for Implementation Responsibility for Implementation Oversight of Implementation vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.  All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph).  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.  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 California Code of Regulations [CCR] Title 13, Section 2485, the California Airborne Toxic Control Measure). Clear signage shall be provided for construction workers at all access points.  All trucks and equipment, including their tires, shall be washed off prior to leaving the site.  All construction equipment shall be maintained and properly tuned in accordance with manufacturers’ specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. A publicly visible sign shall be posted with the telephone number and person to contact at the City of San Rafael regarding dust complaints, and the City staff person shall respond and take corrective action within 48 hours. The BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations. Impact AIR 2: Construction of the proposed project would generate fugitive dust (PM2.5 and PM10) emissions. AIR-2, Implement Mitigation Measure AIR-2 Phase 1 and Phase 2 During all construction activities Project applicant/ construction contractor City of San Rafael Community Development Department, Planning Division and Building Division LSA 19 M ITIGATION M ONITORING AND R EPORTING P ROGRAM O CTOBER 2024 N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA P:\CSR2001.03 Northgate\PRODUCTS\MMRP\Northgate MMRP_101824.docx (10/18/24) Environmental Impacts Mitigation Measures Applicable Phase Timeframe for Implementation Responsibility for Implementation Oversight of Implementation Impact AIR-3: Construction of Phase 1 would generate ROG and NOX emissions in excess of thresholds established by the BAAQMD, resulting in a violation of air quality standards. AIR-3a, Construction Equipment Requirements. Prior to the commencement of construction activities, the project sponsor shall require its construction contractor to demonstrate that all 50 HP or greater diesel-powered equipment are powered with California Air Resources Board (CARB)-certified Tier 4 Final engines. Phase 1 and Phase 2 Prior to the commencement of and throughout the duration of construction activities Project sponsor/ construction contractor City of San Rafael Community Development Department, Planning Division and Building Division AIR-3b, Phase 1 Architectural Coatings and Interior Paints. To address the impact relative to reactive organic gas (ROG) emissions during Phase 1 construction, all interior paints and other architectural coatings shall be limited to 50 grams per liter or less of volatile organic compounds (VOCs). The project sponsor’s construction contractor shall procure architectural coatings from a supplier in compliance with the requirements of BAAQMD Regulation 8, Rule 3 (Architectural Coatings), that meet the 50 grams per liter or less VOC content. Phase 1 Throughout the duration of Phase 1 construction activities Project sponsor/ construction contractor City of San Rafael Community Development Department, Planning Division and Building Division Impact AIR-4: Construction of the proposed project would expose sensitive receptors to substantial pollutant concentrations through exceedance of the carcinogenic inhalation health risk threshold. AIR-4, Implement Mitigation Measure AIR-3a. Phase 1 and Phase 2 Prior to the commencement of and throughout the duration of construction activities Project sponsor/ construction contractor City of San Rafael Community Development Department, Planning Division and Building Division 4.11 GREENHOUSE GAS EMISSIONS Impact GHG-1: The proposed project would generate GHG emissions, either directly or indirectly, that would have a significant effect on the environment. GHG-1, Natural Gas Prohibition for Recreational Use. Prior to the issuance of building permits, the project sponsor shall submit documentation to the City of San Rafael (City) Planning Department that demonstrates, to the satisfaction of the City, that natural gas-fired recreational fire pits are not included in the proposed project design. Phase 1 and Phase 2. This measure has been incorporated into the current project design as of June 2024 and is considered complete. Project sponsor City of San Rafael Community Development Department, Planning Division Impact GHG-2: The proposed project would generate GHG emissions, either directly or GHG-2, Implement Mitigation Measure GHG-1. Phase 1 and Phase 2. Prior to the issuance of building permits Project sponsor City of San Rafael Community Development LSA N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA M ITIGATION M ONITORING AND R EPORTING P ROGRAM O CTOBER 2024 P:\CSR2001.03 Northgate\PRODUCTS\MMRP\Northgate MMRP_101824.docx (10/18/24) 20 Environmental Impacts Mitigation Measures Applicable Phase Timeframe for Implementation Responsibility for Implementation Oversight of Implementation indirectly, that would have a significant effect on the environment. Department, Planning Division 4.12 NOISE Impact NOI-1: Construction of the proposed project would result in a significant short- term increase in ambient noise levels in the vicinity of the project site in excess of the thresholds established in the City of San Rafael General Plan or Noise Ordinance. NOI-1, Sound Barriers. The City of San Rafael (City) Director of Community Development, or designee, shall verify prior to issuance of demolition or grading permits that the approved plans require that the construction contractor implement the following measures during project construction activities:  Temporary noise barriers or shrouds shall be installed (featuring materials and methods of assembly and installation that yields a sound transmission class [STC] of 20 or better) near the operating equipment in a safe, feasible, and practical manner to break sound paths between it and the off-site or on-site noise-sensitive receptors (e.g., single- or multi-family residences) of concern.  During Phase 1 of construction, the temporary barriers shall be a minimum of 10 feet tall.  During Phase 2 of construction, the barriers shall be a minimum of 11 feet tall. Phase 1 and Phase 2 Prior to the issuance of demolition or grading permits and during construction activities Project sponsor/ construction contractor City of San Rafael Community Development Department, Planning Division Impact NOI-2: Operation period noise levels could exceed the City’s land use compatibility thresholds for future on-site sensitive receptors. NOI-2, On-Site Noise Compliance Requirements. Prior to City approval of building permits, the project sponsor shall include in construction documents for City review building operation noise control and sound abatement features or considerations for stationary equipment during nighttime hours. The documentation shall include at least the following:  Equipment sound emission data (or sufficient engineering data from the manufacturer of equipment model[s]);  Architectural renderings and details depicting, where technically feasible, roof parapets, screens, walls, or other barriers around mechanical equipment that may directly or indirectly occlude, Phase 1 and Phase 2 Prior to the issuance of building permits Project sponsor/ construction contractor City of San Rafael Community Development Department, Planning Division LSA 21 M ITIGATION M ONITORING AND R EPORTING P ROGRAM O CTOBER 2024 N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA P:\CSR2001.03 Northgate\PRODUCTS\MMRP\Northgate MMRP_101824.docx (10/18/24) Environmental Impacts Mitigation Measures Applicable Phase Timeframe for Implementation Responsibility for Implementation Oversight of Implementation reflect, and/or absorb equipment noise emissions—conveyed via airflows or via vibrating equipment casings or enclosures; and  Incorporation of dissipative duct silencers, shrouds, covers, acoustical louvers, acoustically lined ductwork, and other means to help attenuate noise from fans, pumps, compressors, and other equipment featuring reciprocating or revolving components. The documentation shall demonstrate whether these measures, or any additional feasible mitigation measures, will reduce the sound level to below the established 45 dBA Leq thresholds for on-site sensitive receptors. After City approval, information on subsequent project design changes, equipment selections, or construction alterations that substantially deviate from these noise control and/or sound abatement details appearing in the construction documents must be reviewed by a qualified acoustician and provided to the City with respect to expected sufficiency of expected conformance with applicable City noise thresholds or as otherwise approved by the City. 4.14 UTILITIES AND SERVICE SYSTEMS Impact UTL-1: The proposed project would generate wastewater that would exceed the capacity of the existing sewer infrastructure that serves the project site. UTL-1: Prior to the issuance of a certificate of occupancy for any of the residential units on the project site, the existing 12-, 15-, and 18-inch-diameter Northgate Trunk Sewer line downstream of the project site shall be upsized as determined by hydraulic calculations conducted by the project sponsor in coordination with the Las Gallinas Valley Sanitary District (LGVSD). The analysis shall also identify the fair share cost for these improvements attributed to the proposed project. The certificate of occupancy shall not be issued until the LGVSD has issued final approval that the required upgrades have been completed. Phase 1 and Phase 2 Prior to the issuance of a certificate of occupancy for any residential unit Project sponsor/ construction contractor City of San Rafael Community Development Department, Planning Division and LGVSD Source: Compiled by LSA (2024) LSA N ORTHGATE M ALL R EDEVELOPMENT P ROJECT S AN R AFAEL, C ALIFORNIA M ITIGATION M ONITORING AND R EPORTING P ROGRAM O CTOBER 2024 P:\CSR2001.03 Northgate\PRODUCTS\MMRP\Northgate MMRP_101824.docx (10/18/24) 22 This page intentionally left blank LSA GC P/QP P/OS O P/OS PD(1635) HR1.5 PD(1639) GC MR3 R7.5-EA GC R7.5-EA R7.5 R7.5 R7.5 PD(1496) R7.5-EA O R7.5-EA O R7.5-EA O O PD(1821) PD(1537) R10 R7.5-EA HR1.8 O HR1.8 O R7.5-EA O GC P/QP C/O C/O P/OS O P/OS 175-060-12 175-060-40 175-060-59 175-060-61 175-060-66 175-060-67 Legend Theme Downtown Duplex Marine Mixed Industrial Multi-Family Office/Commercial Parks/Open Space District Planned Development Public/Quasi-Public District Right of Way Single-Family Residential Undesignated Water District <all other values> PD P/QP PD P/OS O P/OS PD(1635) HR1.5 PD(1639) GC MR3 R7.5-EA GC R7.5-EA R7.5 R7.5 R7.5 PD(1496) R7.5-EA O R7.5-EA O R7.5-EA O O PD(1821) PD(1537) R10 R7.5-EA HR1.8 O HR1.8 O R7.5-EA O GC P/QP C/O C/O P/OS O P/OS 175-060-12 175-060-40 175-060-59 175-060-61 175-060-66 175-060-67 Current Zoning Proposed ZoningEXHIBIT C --CJ CJ D D - Exhibit D General Plan 2040 Consistency Analysis Northgate Town Square 4894-1487-3328 v3 LAND USE ELEMENT Policy 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: •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. •Planned circulation improvements necessary to meet City standards for the project have funding commitments and completed environmental review. •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. •The project has incorporated design and construction measures to adequately mitigate exposure to hazards, including flooding, sea level rise, and wildfire. Consistent. As described in detail in Section 4.9, Transportation of the Draft EIR, the project meets the VMT and LOS requirements adopted by the City and the existing circulation network would be adequate to serve the Project. All circulation network improvements necessary to serve the Project have been identified in the Draft EIR and would be constructed as part of the Project. Similarly, as described in Section 4.14, Utilities and Infrastructure of the Draft EIR, all of the infrastructure improvements necessary to serve the Project have been identified in the Draft EIR and would be constructed as part of the Project, including sewer system expansion as identified in Mitigation Measure UTL -1. As described in Sections 4.7, Hydrology and Water Quality, and 4.8, Hazards and Hazardous Materials of the Draft EIR, the Project would not be exposed to risks related to sea level rise or wildfire, and mitigation measures have been identified to reduce potential impacts related to off-site flooding. Policy LU-1.3: Land Use and Climate Change. Focus future housing and commercial development in areas where alternatives to driving are most viable and shorter trip lengths are possible, especially around transit stations, near services, and on sites with frequent bus service. This can reduce the greenhouse gas emissions associated with motor vehicle trips and support the City’s climate action goals. Consistent. The Project includes redevelopment of the site with up to 219,380 square feet of renovated and new commercial uses, and the construction of up to 1,422 new residential units on a site that is surrounded by existing services and transportation options. The Project site is located in a central area near transit stations with frequent bus service. The closest bus stops to the project site include Marin Transit Lines 35, 49, 257, and 645, all of which are located adjacent to the Project Site, and Line 71, which is located less than 0.5 mile from the Project Site. These bus lines provide service within San Rafael and surrounding Marin County cities and communities, including Downtown San Rafael, Novato, Marin City, and the broader Marin County area. Two Golden Gate Transit stops for Lines 54 and 70, which provide service to San Francisco, Novato, Larkspur, and Corte Madera, are also located less than 0.5 mile from the project site. Finally, the Marin Civic Center Sonoma-Marin Area Rail Transit (SMART) station is located approximately 0.4 mile from the project site. SMART provides service from Larkspur to the Sonoma County Airport. Policy 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 Consistent. The proposed 1,422 residential units are within the allowable number of housing units for the Project Site as determined using the density ranges in the Land Use Element. The Project Site has a land use Exhibit D General Plan 2040 Consistency Analysis Northgate Town Square 4894-1487-3328 v3 apply: •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 be achieved. Other zoning districts may have maximum densities that are less than the maximum indicated by the General Plan •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. •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. o 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. •As required by State law, an accessory dwelling unit (ADU) or junior ADU shall not be counted as a dwelling unit for the purposes of calculating net density •Areas in the “Downtown Mixed Use” General Plan category shall be exempt from the requirements of this policy and are instead subject to standards defined by the Downtown Precise Plan. designation of Community Commercial Mixed Use, which allows for 21.8 to 43.6 units per net acre and a maximum commercial FAR of 0.3. At full buildout, the proposed project would include 1,422 units across 44.76 acres, for a density of 31.8 units per net acre and a total of approximately 219,380 square feet of commercial space, the FAR would be approximately 0.11, both well within the allowed number of units and FAR. Program LU-1.8B: Minimum Densities. The net density of new development shall be no less than the lower end of the density range specified by the General Plan for that property. Policy 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: •As with density, FAR is calculated on a “net” basis, and is based on the area of each parcel excluding streets and easements. Exhibit D General Plan 2040 Consistency Analysis Northgate Town Square 4894-1487-3328 v3 •The maximum FAR stated by the General Plan is not guaranteed. The square footage 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, and City design policies. •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. Policy 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 Site is approximately 44.76 acres in size, and the Project includes a rezone to the PD District. The Project Site is currently zoned General Commercial. Policy NH-4.2 of the City’s General Plan encourages revitalizing the Northgate Mall with a distinctive and vibrant mix of uses and allowing the addition of housing. Under the existing zoning, retail and restaurant uses are broadly allowed without discretionary approvals, while multi-family residential is allowed but requires an Administrative Use Permit. Under the proposed PD District zoning, shopping center, restaurant, and multi-family residential uses would be broadly allowed without discretionary approvals, which would make it easier to achieve the goals stated in Policy NH-4.2 of the General Plan. Policy 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: •Height of buildings existing or approved as of January 1, 1987 shall be considered as conforming to zoning standards. 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). •As provided for by Policy LU-1.18, “baseline” building heights are subject to height bonuses where specific community benefits are provided, where a Variance or zoning exception is granted, or Consistent. The Project includes a request under the State Density Bonus Law to increase the height limit across the Project Site from 36 feet to 78 feet (with an allowance for an additional 12 feet of projections). The State Density Bonus Law, which applies to projects that include affordable housing, allows certain development standards, such as the maximum height, to be exceeded. Exhibit D General Plan 2040 Consistency Analysis Northgate Town Square 4894-1487-3328 v3 where a Transfer of Development Rights (TDR) is being implemented. •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). Policy LU-3.2: New Development in Residential Neighborhoods . Preserve, enhance, and maintain the residential character of neighborhoods to keep them safe, desirable places to live. New development, redevelopment of existing buildings, and land use changes within and adjacent to residential areas should: •Enhance neighborhood image and design quality •Incorporate sensitive transitions in height and setbacks from adjacent properties •Preserve historic, unique, and architecturally significant structures •Respect and enhance natural features and terrain •Reduce exposure to hazards, including limited emergency vehicle access •Include amenities such as sidewalks, pathways, trees, and other landscape improvements •Maintain or enhance infrastructure service levels •Meet expected parking demand •Minimize reduction of views, privacy, and solar access for neighboring properties Consistent. The Project would enhance the neighborhood image and design quality by upgrading the appearance of buildings, improving landscaping and outdoor spaces, providing community services, and providing multi-use pathways both throughout and around the Project Site. The Project incorporates sensitive transitions to the nearby residential uses by including the lower height and intensity residential buildings along the western and southern edge and the higher height buildings near the center and eastern edges where the adjacent uses are commercial. As discussed in Section 4.4, Cultural Resources of the Draft EIR, the Project would not result in direct or indirect impacts to the Terra Linda Valley neighborhood, which is considered a historic resource. As discussed in Section 4.14, Utilities and Service Systems of the Draft EIR, the Project would maintain existing infrastructure service levels and include improvements needed to serve the Project where necessary, including through implementation of Mitigation Measure UTL -1. The Project includes multi-use pathways throughout and around the Project Site and would substantially increase the amount of landscaping included on the Project Site. As discussed in Section 4.3, Visual Resources of the Draft EIR, the proposed project would largely maintain existing views of scenic resources within the vicinity of the site and would not cast any new shadows that would impair solar access for neighboring properties. Lastly, due to the topography of the Project Site and surrounding development and vegetation, privacy for surrounding neighborhoods would not be reduced. Policy 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 includes for-sale townhomes and rental apartments at a range of affordability levels, unit types, and unit sizes Policy LU-3-4: Property Maintenance. Require owners to maintain their properties in good condition and appearance and to eliminate unsafe and unhealthy conditions. Consistent. As conditioned the owner of the site will be required to maintain the property in good condition, including conditions of approval related to ongoing maintenance of landscaped areas in parking lots, Exhibit D General Plan 2040 Consistency Analysis Northgate Town Square 4894-1487-3328 v3 Policy LU-3.4B: Conditions of Approval. Use the development review process to establish conditions of approval, including maintenance of landscaping and other improvements. Use building inspection and code enforcement processes to ensure that these conditions and other mitigation or monitoring responsibilities are carried out. stormwater facilities operations and maintenance, and waste and recycling maintenance for commercial and residential uses. NEIGHBORHOODS ELEMENT Policy NH-4.1: North San Rafael. Maintain North San Rafael’s character as an attractive, suburban community with a strong sense of community identity and easy access to well-managed open space and parks, convenient shopping and services, and excellent schools. The City is committed to protecting and restoring North San Rafael’s natural environment, investing in multi-modal transportation improvements that make it easier to get around, creating new gathering places and activity centers, sustaining business vitality, and creating new housing options that respond to diverse community needs. Plans for North San Rafael need to recognize that this is a distinct and unique part of San Rafael. Standards for density, design, traffic, and parking shall be tailored to reflect local context. North San Rafael residents will be invited to have a voice at the citywide level and be directly involved in shaping decisions about the future of their community. Consistent. The Project would include commercial, residential, open spaces, and amenity uses that would be located in a central and easy to access location. The project includes a variety of residential units ranging in size and includes units that will be restricted to low- income households. The project includes multi-use paths throughout the project site as well as a Town Square that would facilitate increased access to and through the Project Site for surrounding residential and commercial uses. The Project would include a diverse mix of uses that would help to sustain the commercial uses on the Project Site, as well as the existing commercial uses in the areas surrounding the Project Site. Policy NH-4.2: North San Rafael Town Center . Strengthen the role of the North San Rafael Town Center as an attractive, thriving heart for the North San Rafael community: an economically viable centerpiece of commerce and activity with diverse activities for persons of all ages. This should include revitalizing Northgate Mall and surrounding business areas by encouraging: •A distinctive and vibrant mix of uses, consistent with the area’s characteristics •A variety of high -quality stores, entertainment uses, and services to foster local patronage and adapt to the ongoing evolution of retail and commercial activities •Upgrading of anchor and specialty stores, including an additional high- quality retail anchor if needed for economic vitality, consistent with traffic circulation standards Nightlife activities, such as a late-night restaurant or coffee shops that harmonize with existing activities •Upgrading the appearance of the buildings and landscaping Consistent. The Project consists of the redevelopment of the Northgate Mall with a mix of residential and commercial uses. Anchor and specialty stores would be updated, and the Project would include a Town Square and amenity spaces with outdoor dining, lounge seating, and public gathering spaces. The Project includes a variety of residential units that range in size and include units that would be restricted to low-income households. Green infrastructure techniques will be used to treat and infiltrate stormwater runoff from the Project Site and LID methods will be used. The Project will upgrade the appearance of the buildings on the Project Site by replacing dated mall buildings with modern and updated commercial and residential buildings. The Project will also substantially increase the amount of landscaping on the Project Site. Additionally, the Project will complete the North San Rafael Promenade by introducing multi-use pathways throughout and around the Project Site, and will serve as an economically viable centerpiece by providing new revenue sources to the City, providing a range of commercial tenant spaces that will attract a range of business types and sizes, and providing a mixed-use development that will create a more sustainable economic model as Exhibit D General Plan 2040 Consistency Analysis Northgate Town Square 4894-1487-3328 v3 •Additional outdoor public places that support public gatherings and public art •Continued community services, which may include an expanded public library •Completion of the North San Rafael Promenade through the site •Allowing the addition of housing, including maximizing the potential for affordable housing •The scale of any improvements should be compatible with the surrounding community and should not exceed infrastructure capacity. New or expanded structures should demonstrate how views, sightlines, visual integrity, and character will be impacted and addressed. Promenade improvements described in the North San Rafael Promenade Conceptual Plan (2002) should be included in any substantial rehabilitation or expansion of the Mall. Opportunities to include green infrastructure and low impact development (LID) methods also should be pursued. compared to the Northgate Mall. Program NH-4.2B: Outdoor Gathering Places. Include outdoor public places that support community activities and entertainment such as a public plaza for periodic arts and cultural events, outdoor cafes with music, restaurants with sidewalk or patio dining, children’s play areas, teen centered spaces, and other uses that provide outdoor seating. Design of retail spaces should be flexible enough to support these types of activities in the future. Consistent. The Project will include useable open space for each of the residential buildings, roof decks, public outdoor amenity spaces, and a public Town Square that will contain a large flexible lawn space, dog park, children’s nature play features, a water feature, a flexible stage, fire features, lounge seating, and game tables. Program NH-4.2D: Farmers Market. Consider a partnership with the Agricultural Institute of Marin (AIM) to bring the Farmers Market to the Town Center as a permanent feature, as feasible. Consistent. The Project includes a 56,975 square foot Town Square which will provide a day-to-day public outdoor gathering space as well as provide a public space that supports community activities and entertainment such as periodic arts and cultural events. The Project also includes provisions for outdoor patio dining, a children’s play area within the Town Square, and other uses that provide outdoor seating. Additionally, the adjacent bike hub and the installation of retractable bollards between the bike hub and the Town Square create space that could facilitate location of a Farmers Market to benefit onsite residents as well as the larger community. Policy NH-4.4: Transportation Safety and Accessibility. Improve access and bicycle/pedestrian connections between Northgate One, the Mall at Northgate, Northgate Three, the Civic Center SMART station, the Civic Center, and surrounding neighborhoods. Consistent. As proposed and conditioned, the Project will improve access between the Project Site and the surrounding area through installation of pedestrian and bicycle paths throughout the Project Site, installation of a multi-modal path around the Project Site on public right-of-way frontages, and through a financial contribution of $500,000 that will be used to Exhibit D General Plan 2040 Consistency Analysis Northgate Town Square 4894-1487-3328 v3 support improved access from the Project Site to the Civic Center Sonoma Marin Area Rail Transit Station located at 3801 Civic Center Dr COMMUNITY DESIGN AND PRESERVATION ELEMENT Policy CDP-1.2: Natural Features. Recognize and protect the key natural features that shape San Rafael’s identity, including the Bay, local hills and ridgelines, creeks and wetlands, tree cover, and views of Mt. Tamalpais and other natural landmarks. Height limits and other building standards should respect San Rafael’s natural topography and reinforce its sense of place, including the character and boundaries of individual neighborhoods. Consistent. Consistent with the requirements of CEQA, aesthetic impacts of the Project were analyzed in Chapter 4.3, Visual Resources of the Draft EIR. The Draft EIR concluded that the Project would have a less than significant impact related to visual resources, including scenic vistas. Though the Project includes an increase in building height from 36 feet to 78 feet, this increase is expressly permitted under the State Density Bonus Law, which allows exceedances of development standards (among other allowances) in exchange for affordable housing. Additionally, although the Project includes an increase in height form 36 to 78 feet, the overall project design improves the appearance and function of the North San Rafael Town Center as it includes redevelopment of an underutilized site and strengthens the identity of the surrounding neighborhoods through provisions for lower density and intensity residential uses proximate to areas where this land use pattern is part of the existing character of the surrounding neighborhoods (Residential 1 and 2 include townhomes across from single-family residences), and focuses denser residential, mixed -use, and commercial buildings proximate to existing commercial uses and proximate to high quality transit. Furthermore, the Project Site is located in an urbanized area, surrounded by existing development of varying scale and intensity. As discussed in detail in the Project EIR, while distant hillsides are visible from locations surrounding the Project Site, there are no unique visual features or scenic resources available at the Project Site. Policy CDP-1.5: Views. Respect and enhance to the greatest extent possible, views to the Bay and its islands; wetlands, marinas, and canal waterfront; hillsides and ridgelines; Mt. Tamalpais; Marin Civic Center; and St. Raphael’s bell tower; as seen from streets, parks, and publ ic pathways. Program CDP-1.5A: Evaluating View Impacts. Consider the impact of proposed development on views, especially views of Mt Tamalpais and nearby ridgelines. Where feasible, new development should frame views of ridges and mountains and minimize reduction of views, privacy, and solar access. Policy CDP-2.1: Neighborhoods, Districts, and Centers. Strengthen San Rafael’s identity as a community of unique centers, neighborhoods, corridors, and districts. Design decisions should maintain Downtown as a historic, walkable center; preserve the integrity and character of residential neighborhoods; and imp rove the appearance and function of mixed use districts such as the North San Rafael Town Center. Policy CDP-3.1: Plazas and Active Public Spaces. Encourage the integration of public space—or private space that is available for public use—in larger-scale commercial, civic, and mixed use development. Such spaces should be designed and operated so that they can be easily maintained, remain safe and attractive, and contribute positively to the community. Consistent. The Project as proposed and conditioned integrates privately owned, publicly accessible open space and associated amenities throughout the site. As proposed and conditioned, these spaces will be operated in such a way that they are continually maintained, remain safe and attractive, and contribute positively to the community. Separate agreements between the applicant and the City will ensure development of minimum design components, ongoing public access, and appropriate maintenance and security of these spaces. Program CDP-3.1E: North San Rafael Improvements . Encourage and incentivize the development of public art, publicly accessible plazas, and other activated spaces in new and redeveloped projects in North San Exhibit D General Plan 2040 Consistency Analysis Northgate Town Square 4894-1487-3328 v3 Rafael, especially in the Northgate Mall/North San Rafael Town Center area. Policy CDP-3.3: Landscape Design in Public Rights-of -Way. Use landscape design in public rights-of-way to soften the built environment, showcase San Rafael’s natural environment, and advance City goals related to walkability, climate change, conservation, and hazard reduction. Landscaping should control heat buil d-up from pavement, provide shade, reduce air pollution, and improve visual quality. Consistent. At buildout, the Project includes approximately 324,870 square feet of landscaped areas, including a variety of trees, shrubs, and stormwater treatment areas dispersed along the public right-of-way, along site boundaries, lining pedestrian and bicycle pathways, and throughout surface parking areas. In addition, the Project includes approximately 329,142 square feet of usable open space, including the 56,975 square foot Town Square, 9,604 square foot bike hub, 8,984 square foot restaurant entry plaza, and two corner rest stops (2,093 square feet and 508 square feet). Provisions for landscaping and privately owned, publicly accessible open space advances goals related to walkability as it encourages people to walk and/or bike to the Project Site by providing amenities that are conducive to walking and biking. Policy CDP-3.5: Street Trees. Encourage the planting and maintenance of street trees to reduce urban heat island effects, sequester carbon, improve air quality, absorb runoff and wind, define neighborhoods, and improve the appearance and character of city streets Policy CDP-3.7: Greenways. Encourage the development of “greenways” such as the North San Rafael Promenade and the Tamalpais Greenway that improve connectivity, link neighborhoods, restore creeks, and enhance the appearance of the city. North San Rafael Promenade Conceptual Plan recommendations applicable to the project include: •Las Gallinas Avenue is part of the identified north/south bicycle connection between Novato and downtown San Rafael, but new development goals at The Mall could cause four lanes of auto traffic to be constructed on Las Gallinas Avenue, eliminating bicycle traffic. If four lanes of auto traffic should occur, the city should negotiate with The Mall to develop new bicycle route s through this area. •The community and City of San Rafael should negotiate with The Mall to include pedestrian circulation improvements in their expansion plans. •New Class II bike lanes should be constructed on both sides of Northgate Drive between Freitas Parkway and Los Ranchitos. Consistent. The Project includes redevelopment of the Northgate Mall into a mixed-use community and includes bicycle lanes, pedestrian pathways, and multi-modal facilities around the entirety of the Project Site’s boundaries and throughout the Project Site. As called for in the North San Rafael Promenade Conceptual Plan, the Project includes installation of Class II bike lanes on both sides of Northgate Drive as well as a separated Class I multi-modal pathway along the Northgate Project frontage. In addition, the Project includes Class II bike lanes on both sides of Los Ranchitos Road along a portion of the Project frontage, and continuation of the separated Class I multi-modal pathway along the Los Ranchitos Road and Las Gallinas Avenue Project frontages. The Project also includes various pedestrian and bicycle amenities including bench seating at the two corner rest stops, water fountains, pet waste stations, short-term bicycle parking throughout the Project Site, limited long-term parking near bus stops adjacent to the Project Site, and a Bike Hub. Policy CDP-4.1: Design Guidelines and Standards. Use design guidelines and standards to strengthen the visual and functional qualities of San Rafael’s neighborhoods, districts, and centers. Guidelines and standards should ensure that new construction, additions, and alterations are compatible with the surrounding neighborhoods while still allowing for Consistent. The Project has been through an iterative process and incorporates design-related feedback received from the public, neighborhood groups, organizations, and the City’s Planning Commission and Design Review Board. As detailed in Attachment 7 (Design Guidelines Consistency Analysis), the Project is consistent with Exhibit D General Plan 2040 Consistency Analysis Northgate Town Square 4894-1487-3328 v3 innovative, affordable design. the City’s adopted Residential and Non-Residential Design Guidelines and has been designed to be compatible with surrounding neighborhoods. Policy 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. Policy 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 includes provision of two types of open space, including privately owned, publicly accessible open space (Town Square, bicycle and pedestrian paths, Bike Hub Plaza, Restaurant Entry Plaza, Corner Monument Rest Stops) and private open space as part of each residential parcel (pools, BBQ areas, private patios, etc.). To ensure provisions for open space are maintained, the Planned Development District Standards include a requirement that a minimum of 150 square feet of private open space per residential unit be maintained. Additionally, as required under Section 14.07.150, any modification to the development plan, including modifications that would, reduce, eliminate, or otherwise substantially alter the privately owned, publicly accessible open space, would require subsequent review. Policy 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. Large scale apartment and mixed-use buildings (Residential 4, 5, and 6) offer the highest residential density and building intensity on the site and are appropriately located away from existing, low density and intensity residential uses and nearer to existing and proposed commercial uses and parking areas. These larger scale buildings provide a variety of architectural elements such as towers, courtyards, and awnings to create visual interest. Policy CDP-4.8: Scale Transitions. Require sensitive scale and height transitions between larger and smaller structures. In areas where taller buildings are allowed, they should be designed to minimize shadows, loss of privacy, and dramatic contrasts with adjacent low-scale structures. Exceptions may be made where taller buildings are also permitted on the adjoining site. Consistent. Residential townhomes (Residential 1 and Residential 2) are strategically located across from single-family residential uses south of the Project Site and are in harmony with these uses in scale and intensity. Residential 3 is located north of an existing assisted living facility (known as AlmaVia of San Rafael) and incorporates sensitive scale and height transitions through the use of a variety of architectural features that break up the massing and ensure harmony with the character of this existing use. Policy 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 Consistent. The Project includes surface parking lots and parking garages throughout the Project Site. Parking areas are appropriately designed to include trees and other landscaping to minimize large expanses of pavement and to screen parking areas from the street. As Exhibit D General Plan 2040 Consistency Analysis Northgate Town Square 4894-1487-3328 v3 expanses of pavement. Parking should be screened from the street by landscaping and should provide easy access to building entrances. proposed, surface parking areas are designed to provide a clear path of travel to building entrances. The project also includes multi-use pathways for use by pedestrians and bicyclists throughout and around the Project Site that provide safe paths of travel within the Project site by being physically separated from roadways. In addition, all Project driveways are stop-sign, or signal-controlled to ensure the safe ingress and egress of vehicles, pedestrians, and bicycles. Furthermore, as required by Project mitigation measures and conditions of approval, sight lines at Project driveways will remain uninhibited through compliance with specific provisions related to plantings and other improvements proximate to driveways. Policy 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. The Project includes installation of variety of trees, shrubs, grasses, groundcovers, and stormwater treatment species. Irrigation will be provided by municipal recycled water for all landscap ing, as well as low water use practices (e.g., drip irrigation and smart controllers that track weather patterns and adjust irrigation run times accordingly). Additionally, green infrastructure techniques would be used to treat and infiltrate stormwater runoff from the Project Site. Policy 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. As proposed and conditioned, the Project complies with zoning code regulations related to lighting, and the lighting design is complementary to the proposed building and landscape design. Policy CDP-5.13: Protection of Archaeological Resources. Protect significant archaeological resources by: •Consulting the City’s archaeological resource data base prior to issuing demolition or construction permits in known sensitive areas. •Providing information and direction to property owners to make them aware of these resources and the procedures to be followed if they are discovered on-site. •Identifying, when possible, archaeological resources and potential impacts on such resources. •Implementing measures to preserve and protect archaeological resources, including fines and penalties for violations. Consistent. As part of the tribal notification process, the City of San Rafael consulted with representatives of the Federated Indians of Graton Rancheria (FIGR) who reviewed an Archaeological Report prepared for the project, including the conclusions and recommendations contained in that report. Tribal representatives expressed concerns related to monitoring the site for tribal cultural resources during various phases of Project construction. The City provided FIGR with draft mitigation measures designed to reduce the potential impacts identified during the initial consultation meeting and FIGR provided suggested revisions to the mitigation measures, which were incorporated into the Draft EIR. In addition to mitigation measures identified in the Draft EIR, the Project is also subject to standard conditions of approval related to the protection of tribal cultural resources. Policy CDP-5.14: Tribal Cultural Resources. Coordinate with representatives of the Native American community to protect historic Exhibit D General Plan 2040 Consistency Analysis Northgate Town Square 4894-1487-3328 v3 Native American resources and raise awareness of San Rafael’s Native American heritage. CONSERVATION AND CLIMATE CHANGE ELEMENT Policy 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. A combination of drought-tolerant trees, shrubs, grasses, ground covers, and stormwater treatment landscaping will be installed across the project site. Native plants and a diversity of species that are appropriate for the dry summer climate will be planted, consistent with the proposed landscape plan. Policy 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. Phase 1 of the Project includes a total of 960 trees (363 existing, 597 new). Phase 2 will result in a net increase of 23 trees, for a total 983 trees at Project buildout and will be planted along all Project frontages, adjacent to rights -of-way, and throughout the Project Site. Though approximately 350 trees will be removed to accommodate the Project, the total number of trees at buildout will be greater than what currently exists onsite. As such, the Project will contribute to an expansion of the City’s tree canopy. Once newly planted trees reach maturity, they will contribute ecological benefits that expand upon current benefits of trees onsite as there will be a greater quantity of trees as compared to current conditions. Additionally, as required by Project conditions of approval, a tree management plan will be required with submittal of plans for building permits. Policy C-1.17: Tree Management. The removal of healthy trees shall be discouraged, and their replacement may be required when trees are removed due to health, safety, or maintenance reasons. Site plans should indicate the location of existing trees and include measures to protect them wherever feasible. Program C-1.17B: Tree Management Plan. Require a tree management plan prior to approval of development with the potential to remove or substantially impact trees. The Plan should be prepared by a licensed arborist using published standards and practices for protecting and monitoring tree health during and after construction. Program C-1.17C: Mitigation for Tree Removal. Continue to implement mitigation requirements for tree removal in new development. When necessary, this could include planting of trees in locations other than the project site, planting native trees in lieu of non - natives, or reducing the footprint of proposed development. Tree replacement should be based on a value that is equal to or greater than the carbon footprint and ecological benefits of the trees being removed. Policy C-1.19: Light Pollution. Reduce light pollution and other adverse effects associated with night lighting from streets and urban uses. Consistent. As proposed and conditioned, the Project complies with zoning code regulations related to lighting. Policy C-2.2: Land Use Compatibility and Building Standards . Consistent. The Project includes home HVAC measures for each Exhibit D General Plan 2040 Consistency Analysis Northgate Town Square 4894-1487-3328 v3 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. residential unit, which allows residents to keep windows closed on days when local air quality is poor. Additionally, the Project will be required to comply with the currently-applicable California Building Code, which requires installation of particulate matter air filters with a minimum MERV- 13 rating. The Project also includes a substantial increase in the amount of landscaping on the Project Site which includes landscaped buffers between residential buildings and surrounding roadways. Policy C-2.3: Improving Air Quality Through Land Use and Transportation Choices. Recognize the air quality benefits of reducing dependency on gasoline- powered vehicles. Implement land use and transportation policies, supportable by objective data, to reduce the number and length of car trips, improve alternatives to driving, reduce vehicle idling, and support the shift to electric and cleaner -fuel vehicles. Consistent. As described in detail in Section 4.9, Transportation of the Draft EIR, the Project will result in a reduction in both residential and retail vehicle miles traveled (VMT), thereby reducing the number and length of car trips compared to existing use of the Project Site. Additionally, the Project includes multiple improvements and site related features aimed at reducing vehicle trips and associated emissions, including installation of new multi-modal pathways, bike lanes and enhanced gateway features with amenities, a Bike Hub Plaza, and will contribute financially to planned improvements for access to and from the Marin Civic Center Sonoma- Marin Area Rail Transit (SMART) station. Additionally, the Project as proposed and conditioned achieves compliance with off-street electric vehicle requirements in the most recently adopted version of CALGreen Tier 2 Voluntary Standards. Through the implementation of these project design features, the proposed project would be consistent with the BAAQMD Transportation Control Measures. Program C-2.3A: Air Pollution Reduction Measures. Implement air pollution reduction measures as recommended by BAAQMD’s Clean Air Plan and supporting documents to address local sources of air pollution in community planning. This should include Transportation Control Measures (TCM) and Transportation Demand Management (TDM) programs to reduce emissions associated with diesel and gasoline- powered vehicles. Policy 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. Consistent with mitigation measures contained in the Draft EIR, the project is required to implement BAAQMD’s Basic Construction Mitigation Measures, which include provisions for management of construction-related particulate matter and fugitive dust. Additionally, as detailed in the Draft EIR, operation of the proposed project will result in an overall reduction in particulate matter compared to existing conditions. Policy 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. The Project will reduce impervious surface on the Project Site as compared to existing conditions through the introduction of increased landscaping and reduced surface parking, and also includes bioretention basins that will reduce and filter runoff. Additionally, as a standard condition of approval, the project will be required to implement best management practices to control runoff throughout Project construction. Policy C-3.3: Low Impact Development. Encourage construction and design methods that retain stormwater on-site and reduce runoff to storm drains and creeks. Policy C-3.8: Water Conservation. Encourage water conservation and increased use of recycled water in businesses, homes, and institutions. Local development and building standards shall require the efficient use Consistent. As proposed and conditioned, the Project will comply with the CALGreen Code, which requires the implementation of water efficiency measures. In addition, the Project will utilize recycled water for all Exhibit D General Plan 2040 Consistency Analysis Northgate Town Square 4894-1487-3328 v3 of water. landscape irrigation and includes a combination of drought-tolerant trees, shrubs, grasses, ground covers, and stormwater treatment landscaping that is naturalized to the region. Policy 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. Policy C-4.2: Energy Conservation. Support construction methods, building materials, and home improvements that improve energy efficiency in existing and new construction. Consistent. As proposed and conditioned, the Project is generally consistent with the San Rafael Climate Change Action Plan (CCAP), the 2022 Scoping Plan, and Plan Bay Area 2050 (see Section 4.11 Greenhouse Gas Emissions of the Draft EIR). Specifically, the Project includes a variety of energy conservation features including LED lighting throughout the Project Site, an all-electric residential design, high- efficiency mechanical and hot-water systems, solar panels and battery storage, dual plumbing to allow for use of recycled water , installation of drought tolerant landscaping and low water use practices, and green infrastructure techniques for stormwater runoff. The Project also includes infrastructure for electric vehicle charging in both new residential and modified commercial parking areas that exceed San Rafael’s base standards. Policy C-4.2B: Green Building Standards. Implement State green building and energy efficiency standards for remodeling projects and new construction. Consider additional measures to incentivize green building practices, low carbon concrete, and sustainable design. Policy C-4.5: Resource Efficiency in Site Development. Encourage site planning and development practices that reduce energy demand and incorporate resource- and energy-efficient infrastructure. Policy C-5.2: Consider Climate Change Impacts. Ensure that decisions regarding future development, capital projects, and resource management are consistent with San Rafael’s CCAP and other climate goals, including greenhouse gas reduction and adaptation. PARKS, RECREATION, AND OPEN SPACE ELEMENT Policy PROS-1.2: per Capita Acreage Standard. Maintain a citywide standard of 4.0 acres of improved park and recreation land per 1,000 residents. Consistent. As discussed in Section 4.13, Public Services and Recreation, of the Draft EIR, the Project is within the development assumed for the Project Site in the General Plan including the Housing Element. Additionally, the Project will contribute new, privately owned, publicly accessible recreational space on the project site (e.g., the Town Square), and therefore would increase the amount of publicly-accessible recreational space within San Rafael. With implementation of the Project, a ratio of 4.09 acres of parkland per 1,000 residents would be maintained within the City’s Sphere of Influence. Policy PROS-1.11: Urban Parks and Plazas. Encourage the creation of small gathering places open to the public in Downtown San Rafael and other business districts, including plazas, green spaces, activated alleys, and similar features. Consistent. The Project includes privately owned, publicly accessible outdoor amenity spaces such as outdoor dining and lounge seating, a Town Square containing a large flexible lawn space, dog park, children’s nature play features, a water feature, stage, fire features, lounge seating, and game tables. The project includes other publicly accessible spaces such as the Bike Hub Plaza, Restaurant Entry Plaza, and Corner Monument Rest Stops which also provide gathering space open to the public. Each residential building includes useable open space consisting Program PROS-1.11B: Activating Public Space. Work with cafes, restaurants, and other businesses to activate and maintain urban parks and plazas. This can provide ‘eyes on the space,’ create a sense of Exhibit D General Plan 2040 Consistency Analysis Northgate Town Square 4894-1487-3328 v3 ownership, and facilitate economic vitality by providing space for outdoor dining and vending. of courtyards and roof decks. The Project also includes commercial tenant spaces that are intended to contribute to activation of privately owned, publicly accessible spaces by providing areas for outdoor dining that provide visibility, create a sense of ownership, and facilitate economic vitality. Policy 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. SAFETY AND RESILIENCY ELEMENT Policy 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. As proposed and conditioned, the Project will be designed and constructed in accordance with the recommendations of the Geotechnical Investigation and the requirements of the California Building Code, San Rafael General Plan 2040, and San Rafael Municipal Code. In addition, Mitigation Measure GEO-2 requires the preparation of a Design-Level Geotechnical Report prior to the issuance of grading or building permits. Program S-2.1B: Geotechnical Review. Continue to require soil and geologic hazard studies and peer review for proposed development as set forth in the City’s Geotechnical Review Matrix. These studies should determine the extent of geotechnical hazards, optimum design for structures and the suitability and feasibility of proposed development for its location, the need for special structural requirements, and measures to mitigate any identified hazards. Periodically review and update the Geotechnical Review Matrix to ensure that it supports and implements the Local Hazard Mitigation Plan by identifying potentially hazardous areas. Consider removing the procedures from the General Plan and instead adopting them as part of the Zoning Ordinance or through a separate resolution. Policy 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. As required by standard conditions of approval, preparation of a Stormwater Pollution and Prevention Plan (SWPPP) will be required to ensure address erosion impacts during the construction period. Similarly, preparation of a Stormwater Control Plan that describes how runoff will be routed to Low Impact Development (LID) stormwater treatment facilities during operation of the project will also be required. Program S-2.5A: Erosion and Sediment Control Plans. Require Erosion and Sediment Control Plans (ESCPs) for projects meeting the criteria defined by the Marin County Stormwater Pollution Prevention Program, including those requiring grading permits and those with the potential for significant erosion and sediment discharges. Projects that disturb more than one acre of soil must prepare a Stormwater Pollution Prevention Plan, pursuant to State law. Program S-2.5B: Grading During the Wet Season. Avoid grading during the wet season due to soil instability and sedimentation risks, Exhibit D General Plan 2040 Consistency Analysis Northgate Town Square 4894-1487-3328 v3 unless the City Engineer determines such risks will not be present. Require that development projects implement erosion and/or sediment control measures and runoff discharge measures based on their potential to impact storm drains, drainageways, and creeks. Policy 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. Program S-3.8A: Storm Drainage Improvements. Consistent with Countywide and regional stormwater management programs, require new development with the potential to impact storm drainage facilities to complete hydrologic studies that evaluate storm drainage capacity, identify improvements needed to handle a 100-year storm, and determine the funding needed to complete those improvements. Policy S-5.6: Hazardous Building Materials. Reduce the presence of hazardous building materials by implementing programs to mitigate lead, friable asbestos, and other hazardous materials where they exist today and by limiting the use of hazardous building materials in new construction. If such materials are disturbed during building renovation or demolition, they must be handled and disposed in a manner that protects human health and the environment. Consistent. As detailed in Section 4.8, Hazards and Hazardous Materials of the Draft EIR, the project will be required to comply with Mitigation Measure HAZ-1 which requires the preparation of an Hazardous Building Materials Survey (HBMS) prior to demolition. The HBMS requires abatement specifications for the stabilization and/or removal of the identified hazardous building materials in accordance with all applicable laws and regulations. New construction will not include lead, asbestos, or other hazardous materials. MOBILITY ELEMENT Policy 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 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 (See General Plan Consistent. As described in Section 4.9, Transportation of the Draft EIR, with the addition of project traffic, all of the study intersections surrounding the Project Site would continue to operate at an acceptable LOS under Baseline plus Phase 1, Future plus Phase 1, and Future plus Phase 2 conditions. Exhibit D General Plan 2040 Consistency Analysis Northgate Town Square 4894-1487-3328 v3 for full policy text). Policy 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. As conditioned, the Project is required to pay applicable Traffic Impact Fees. Policy M-3.1: VMT Reduction. Achieve State-mandated reductions in Vehicle Miles Traveled by requiring development and transportation projects to meet specific VMT metrics and implement VMT reduction measures. Consistent. As described in Section 4.9, Transportation, the Project will result in a reduction in both residential and retail VMT on the Project Site. In addition, the Project includes pedestrian and bicycle improvements on and around the Project Site and is proximate to existing transit opportunities, all of which increase access to alternative transit for users of the Project Site. Policy 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. Policy M-3.3: Transportation Demand Management Encourage, and where appropriate require, transportation demand measures that reduce VMT and peak period travel demand. These measures include, but are not limited to, transit passes and flextime, flexible work schedules, pedestrian and bicycle improvements, ridesharing, and changes to project design to reduce trip lengths and encourage cleaner modes of travel. Policy M-3.6: Low- Carbon Transportation. Encourage electric and other low-carbon emission vehicles, as well as the infrastructure needed to support these vehicles. Consistent. As proposed the Project includes installation of electric vehicle (EV) parking in the residential and commercial components of the project. The Project also contains EV capable spaces and spaces for clean air vehicles. Project conditions set forth specific requirements for the type and number of EV and clean air vehicle parking spaces required. The Project incorporates a mix of residential and commercial uses less than ½-mile from the Marin Civic Center SMART station and proximate to other modes of transportation, thereby providing opportunities for shorter trips between different uses. Policy M-7.8: Parking for Alternative Modes of Transportation. Designate parking spaces to incentivize and encourage carpooling, electric vehicles, and other more sustainable modes of travel. Program M-7.8A: Charging Stations. Install additional chargers in public parking lots and garages for electric vehicles and e-bikes. Consider expanding electric charging requirements for private parking lots and structures. Policy M-4.3: SMART Improvements: Maximize the potential benefits of Sonoma Marin Area Rail Transit (SMART) while minimizing potential conflicts between SMART trains, adjacent land uses, bicycle and Consistent. The Project maximizes the benefits of SMART by virtue of being located within a walkable distance to the station. Although pedestrian access from the project site to the Marin Civic Center Station Exhibit D General Plan 2040 Consistency Analysis Northgate Town Square 4894-1487-3328 v3 pedestrian movement, and vehicle traffic circulation. City plans and programs related to SMART should be periodically evaluated based on changes in funding, operating costs, ridership, and other factors impacting service levels. is currently limited, the applicant has committed to a $500,000 contribution to support trail enhancements along Merrydale to provide improved bicycle and pedestrian access to the stations. Improvements funded in part by the applicant will help create a welcoming experience for passengers arriving at the Civic Center Station and will improve access between the site and the station, further encouraging the use of non-motorized travel to the site. Program M-4.3C: Arrival Experience. Create a welcoming experience for passengers arriving at the Downtown San Rafael and Civic Center stations, including wayfinding signage, easy transfers, and clearly marked, well-lit pathways to nearby destinations. Policy M-5.1: Traffic Calming. Protect residential areas from the effects of speeding traffic or traffic from outside the neighborhood through appropriate traffic calming solutions such as speed humps, bulb-outs, speed limits, stop signs, and chicanes. Traffic calming measures shall not conflict with emergency response capabilities. Consistent. The Project includes a network of internal roadways to serve the residential and commercial uses on the Project Site. These roadways are appropriately designed to reduce the effects of speeding or traffic from outside the neighborhood because they include speed humps, bulb- outs, and stop signs. In addition, the Project includes multi-use pathways throughout and around the Project Site that are physically separated from roadways. As proposed and conditioned, traffic calming measures will not conflict with access by emergency responders. Policy M-6.1: Encourage 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, bike lanes, public stairways, paths, and sidewalks should be part of San Rafael’s identity. Consistent. The Project includes a network of multi-use pathways throughout and around the Project Site that provide safe access for pedestrians and bicyclists as they limit interactions with vehicle through physical separation from roadways. These pathways connect residents from the Project Site and surrounding residential areas to commercial uses on the Project Site as well as to commercial uses adjacent to the Project Site. Policy M-6.3: Connectivity. Develop pedestrian and bicycle networks that connect residents and visitors to major activity and shopping centers, existing and planned transit, schools, and other neighborhoods. Work to close gaps between existing facilities. Funding and prioritization for projects should consider relative costs and benefits, including such factors as safety, number of potential users, and impacts on parking. Policy M-6.7: Universal Design. Design and construct bicycle and pedestrian facilities to serve people of all ages and abilities, including children, seniors, families, and people with limited mobility. COMMUNITY SERVICES AND INFRASTRUCTURE ELEMENT Policy CSI-3.2: Mitigating Development Impacts. Engage the Police and Fire Departments in the review of proposed development and building applications to ensure that public health and safety, fire prevention, and emergency access and response times meet current industry standards. Consistent. As detailed in Section 4.13, Public Services and Recreation of the Draft EIR, the Project is within the development potential anticipated by the General Plan and can be adequately served by existing police and fire service in the City. Additionally, appropriate conditions of approval have been imposed on the Project to ensure adequate fire access is provided at the Project Site. Exhibit D General Plan 2040 Consistency Analysis Northgate Town Square 4894-1487-3328 v3 Policy 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. As detailed in Section 4.14, Utilities and Service Systems of the Draft EIR, the Project is within the development potential anticipated by the General Plan and there is adequate City infrastructure to serve the Project, with the exception of the Terra Lina Sewer Trunk, which will be upsized in coordination with the Las Gallinas Valley Sanitary District to ensure adequate service can continue to be provided. Additionally, MMWD has adequate water supplies to serve the Project, the Project will not exceed the capacity of wastewater infrastructure, and as conditioned, the Project will be required to reduce landfill waste by recycling construction debris and providing appropriate facilities for users on the Project Site to recycle or compost organic materials. Policy CSI-4.8: Potable Water Supply and Delivery. Work with Marin Municipal Water District (MMWD) to meet projected water demand, encourage water conservation, and ensure the reliability and safety of the water supply and distribution system. Policy CSI-4.9: Wastewater Facilities. Ensure that wastewater collection, treatment and disposal infrastructure is regularly maintained and meets projected needs. Improvements should be programmed to meet state and federal standards, respond to sea level rise and seismic hazards, repair and replace aging or leaking pipes, and protect environmental quality. Policy CSI-4.17: Reducing Landfilled Waste Disposal. Reduce landfilled waste disposal and related greenhouse gas emissions by reducing material consumption; requiring curbside collection and composting of organic materials; increasing recycling, reuse, and resource recovery; and encouraging the use of recyclable goods and materials. HOUSING ELEMENT Policy H-3.5: Housing and Greenhouse Gas Emissions. Design and locate new housing in a way that supports the city’s greenhouse gas reduction goals. This includes building new housing near transit and in locations where it is easier to walk to shopping, restaurants, services, work, school, and other destinations. It also includes reducing the use of non-renewable fossil fuels through electrification, decreased natural gas use, energy efficiency, and tree planting. Consistent. The Proposed Project is a mixed use development that includes a variety of housing types and commercial uses that would provide dining and shopping opportunities. The Project Site is located within walking distance to bus stops providing local and regional access as well as the Marin Civic Center SMART station for which the applicant is providing a financial contribution of $500,000 to fund access improvements between the Project Site and the SMART Station. In addition, residential construction will be all-electric in compliance with the City and State’s goals for the reduction of GHG emissions and, overall, the Project will reduce natural gas use compared to existing conditions. The Project will also comply with and in some cases exceed the requirements of the CalGreen Code. Specifically, EV- capable parking spaces and EV charging spaces that meet the CALGreen Tier 2 Voluntary Standards would be provided for all residential uses. Policy H-3.6: Sustainable Design. Encourage the use of building materials, construction methods, and designs that reduce environmental impacts and the consumption of non- renewable resources. Exhibit D General Plan 2040 Consistency Analysis Northgate Town Square 4894-1487-3328 v3 Program H-7D BMR Resale Regulations Consistent. The Project is subject to a Master Affordable Housing Agreement, which will impose regulations on resale of BMR units to assure that units remain affordable to low income households. Policy H -4.3: Affordable Housing Requirements. Require the inclusion of affordable housing units in market -rate housing projects. Ensure that affordable housing requirements are economically viable, do not negatively affect overall housing production, and provide sufficient flexibility for the private sector. When new affordable units are created, pursue deed restriction and affordability terms of at least 55 years so that fewer tenants are at risk of being displaced in any given year. Consistent. The Project includes construction of onsite affordable housing the meets the City’s Primary and Secondary Requirements detailed in the Affordable Housing Guidelines. As conditioned, affordable units will be deed restricted in perpetuity, unless otherwise reduced by the City Council. The provision of 143 BMR units affordable to low-income households will provide affordable housing toward San Rafael’s Regional Housing Needs Allocation which calls for 492 low-income units. Additionally, the Project overall will provide 1,279 above market rate units which is close to the City’s full above market rate RHNA requirement of 1,350 units as included in the 6th cycle Housing Element. Policy H-4.15: Housing and Infrastructure. Coordinate with water, sanitary sewer, and dry utility service providers to ensure that infrastructure is available to support anticipated housing development. The cost of infrastructure maintenance and improvement should be equitably shared among property owners rather than assigned entirely to new development. Consistent. As discussed in Section 4.14 Utilities and Service Systems, of the Draft EIR, adequate infrastructure is or will be in place to support the Project, including the residential uses prior to occupancy. Additionally, as required by Mitigation Measure UTL -1 the Terra Linda Trunk Sewer line will be upsized by the Project developer in coordination with the Las Gallinas Valley Sanitary District. ECONOMIC VITALITY ELEMENT Policy EV-1.1: Quality of Life. Recognize the importance of a healthy economy to the quality of life, especially the ability to provide excellent schools, public safety services, public works, recreation, housing programs, and other government services. Consistent. The Project will revitalize an underutilized site with steadily declining revenues and represents a more sustainable economic model as compared to the existing Northgate Mall. Redevelopment of the Project Site will contribute steady revenues to the City’s general fund as well as funds under Measure E and Measure R. The Project is subject to payment of all applicable development impact fees. One -time development impact fees and ongoing revenues will contribute to improved quality of life through economic contributions. Program EV-1.1B: Economic and Fiscal Impacts. Continue to evaluate economic and fiscal impacts in reports to the Planning Commission and City Council. Consistent. Economic and fiscal impacts of the Northgate Town Square Project are fully detailed in the Fiscal Impact Analysis prepared by Seifel Consulting, Inc. and are discussed in the October 29, 2024 Planning Commission staff report. As discussed in detail in the staff report, the Project overall is not only consistent with the vision for the area, but will also provide economic benefits in that: •The Project will provide new revenue sources that can be used to fund improved and expanded city infrastructure and services that will Exhibit D General Plan 2040 Consistency Analysis Northgate Town Square 4894-1487-3328 v3 benefit existing uses in the city as well as the Project. •The Project provides opportunities to stimulate economic growth by providing commercial spaces that range in size from 3,800 to 55,360 square feet, thereby attracting a variety of business types and sizes, from small-scale locally owned business to large-scale corporations. The Project represents a more sustainable economic model as compared to the Northgate Mall as it creates an active bicycle, pedestrian, and transit-oriented environment that attracts residents, recreational users, and individuals seeking specific services to the area which creates a more stable, predictable, and diverse customer base for businesses of all types and sizes. DIVERSITY, EQUITY, AND INCLUSION ELEMENT Policy EDI-2.1A Neighborhood Design for Active Living Consistent. The Project improves upon existing, and includes new opportunities for safe active transportation, and will provide walkable access to new goods and services. Policy EDI-2.2 Safe Space for Physical Activity Consistent. The Project includes provisions for privately owned publicly accessible open space, and will provide private open space for residential uses. Policy EDI-3.2: Affordable Housing Development . Encourage the development of affordable rental housing to meet the needs of all San Rafael households. Consistent. The project includes construction of on -site affordable housing for low income households. As proposed, the project includes construction of 143 affordable housing units, of which, 14 will be for -sale townhomes, and 129 will be available for rent. Exhibit E 1 Northgate Town Square Project Site Legal Description The land referred to herein below is situated in the City of San Rafael, County of Marin, State of California, and is described as follows: Parcel One: Beginning at a point on the easterly boundary of Northgate Drive, as shown on that certain map entitled, "Map of Northgate Regional Shopping Center", recorded September 10, 1963 in Volume 12 of Maps at page 19, Marin county records, which point is the southerly terminus of the course "north 32° 00' 00" east 294.85", as shown on said map; thence along the boundaries of Northgate Drive, of Las Gallinas Avenue and of Los Ranchitos Road, as shown on said map, the following courses and distances: north 32° 00' 00" east, 294.85 feet; thence along a curve to the left, whose center bears north 58° 00' 00" west, having a radius of 1304.00 feet through a central angle of 37° 43' 06" a distance of 858.44 feet; thence along a curve to the right, whose center bears north 84° 16' 54" east, having a radius of 30.00 feet through a central angle of 109° 13' 06" a distance of 57.19 feet; thence south 76° 30' 00" east, 10.81 feet; thence along a curve to the right, whose center bears south 13° 30' 00" west, having a radius of 427.89 feet through a central angle of 19° 47' 56", a distance of 147.86 feet; thence south 56° 42' 04" east 32.12 feet; thence along a curve to the left, whose center bears north 33° 17' 56" east, having a radius of 730.04 feet, through a central angle of 26° 24' 46", a distance of 336.54 feet; thence south 83° 06' 50" east, 330.92 feet; thence along a curve to the right, whose center bears south 6° 53' 10" west, having a radius of 170.01 feet through a central angle of 83° 00' 21", a distance of 246.30 feet; thence south 0° 06' 29" east, 102.13 feet; thence south 0° 04' 50" west 112.63 feet; thence along a non-tangent curve to the right whose center bears south 89° 50' 48" west, having a radius of 970.00 feet, through a central angle of 29° 33' 10", a distance of 500.32 feet; thence south 29° 23' 52" west, 100.00 feet; thence along a non -tangent curve to the left, whose center bears south 60° 35' 50" east, having a radius of 780.0 0 feet through a central angle of 43° 51' 22", a distance of 597.04 feet; thence south 14° 28' 26" east, 100.65 feet; thence along a curve to the right, whose center bears south 75° 31' 34" west, having a radius of 50.00 feet through a central angle of 89° 59' 48", a distance of 78.54 feet; thence south 75° 31' 22" west 518.22 feet; thence along a curve to the right, whose center bears north 14° 28' 38" west, having a radius of 224.00 feet through a central angle of 85° 18' 00" a distance of 333.48 feet; thence along a curve to the left, whose center bears south 70° 49' 22" west, having a radius of 291.67 feet through a central angle of 38° 49' 22" a distance of 197.63 feet, thence north 58° 00' 00" Exhibit E 2 00' 00" east, having a radius of 446.00 feet through a central angle of 90° 00' 00" a distance of 700.58 feet to the point of beginning. Excepting therefrom that portion of said land as described in the deed to the City of San Rafael, dated November 15, 1984 and recorded January 11, 1985 as Instrument No. 85001287, Marin County records, and more particularly described as follows: Beginning at a point on the southerly boundary of Las Gallinas avenue, as shown on that certain map entitled "Map of Northgate Regional Shopping Center", recorded September 10, 1963 in volume 12 of maps at page 19, Marin County records, at the westerly terminus of the course shown as "south 76° 30' 00" east, 10.81 feet", on said map (12 rm 19); thence along said southerly boundary of Las Gallinas Avenue (12 rm 19) the following courses and distances: south 76° 30' 00" east, 10.81 feet; thence southeasterly along a curve to the right, tangent to the preceding course, having a radius Of 427.89 feet through a central angle of 19° 47' 56", an arc length of 147.86 feet; thence south 56° 42' 04" east, 32.12 feet and thence southeasterly along a curve to the left, tangent to the preceding course, having a radius of 730.04 feet through a central angle of 16° 00' 00", an arc length of 203.87 feet; thence leaving said southerly boundary (12 rm 19) north 72° 42' 04" west, 71.15 feet; thence northwesterly along a curve to the right, tangent to the preceding course, having a radius of 481.90 feet through a central angle of 16° 00' 00", an arc length of 134.57 feet; thence north 56° 42' 04" west, 32.12 feet; thence northwesterly along a curve to the left, tangent to the preceding course, having a radius of 417.89 feet through a central angle of 19° 47' 56", an arc length of 144.40 feet; thence north 76° 30' 00" west, 17.91 feet; thence westerly along a curve to the left, tangent to the preceding course, having a radius of 22.48 feet through a central angle of 109° 13' 06", an arc length of 42.85 feet to the point of reverse curve on the easterly boundary of Northgate Drive, as shown on said map (12 rm 19); thence along said easterly boundary of Northgate Drive (12 rm 19) northerly along a curve to the right, whose center bears north 84° 16' 54" east, having a radius of 30.00 feet through a central angle of 109° 13' 06", an arc length of 57.19 feet to the point of beginning. Also excepting therefrom that portion of said land as described in the deed to the City of San Rafael, dated November 15, 1984, recorded January 11, 1985 as instrument no. 85001288, Marin County records, and more particularly described as follows: Beginning at a point on the westerly boundary of Los Ranchitos Road, as shown on the "Map of Northgate Regional Shopping Center", recorded September 10, 1963 in volume 12 of maps at page 19, Marin County records; at the northerly terminus of the course west, 65.94 feet, and thence along a curve to the right, whose center bears north 32° Exhibit E 3 100.00 feet and thence southwesterly along a curve to the left, whose center bears south 60° 35' 50" east, having a radius of 780.00 feet through a central angle of 3° 31' 22", an arc length of 47.96 feet; thence leaving said westerly boundary (12 rm 19) northeasterly along a curve to the left, whose center bears north 64° 07' 12" west, having a radius of 32.00 feet through a central angle of 24° 34' 59", an arc length of 13.73 feet; thence northeasterly along a reverse curve to the right, whose center bears south 88° 42' 11" east, having a radius of 48.00 feet through a central angle of 21° 45' 26", an arc length of 18.23 feet; thence north 23° 03' 15" east, 43.20 feet; thence northeasterly along a curve to the right, tangent to the preceding course, having a radius of 100.00 feet through a central angle of 16° 40' 58", an arc length of 29.12 feet; thence north 39° 44' 13" east, 24.02 feet; thence northeasterly along a curve to the right, tangent to the preceding course, having a radius of 58.00 feet through a central angle of 12° 41' 56", an arc length of 12.86 feet; thence northeasterly along a reverse curve to the left, whose center bears north 37° 33' 51" west, having a radius of 42.00 feet, through a central angle of 23° 27' 17", an arc length of 17.19 feet to said westerly boundary of Los Ranchitos Road (12 rm 19); thence along said westerly boundary (12 rm 19), southwesterly along a curve to the right, whose center bears north 61° 01' 08" west, having a radius of 970.00 feet through a central angle of 0° 25' 06", an arc length of 7.08 feet to the point of beginning. Parcel Two: Beginning at a point on the westerly boundary of Los Ranchitos Road as shown on the "Map of Northgate Regional Shopping Center", recorded September 10, 1963 in volume 12 of maps at page 19, Marin County records, which point is the northerly terminus of the course "s 14°28'26" e, 183.65 feet", as shown on said map (12 maps 19); thence along the boundary of Los Ranchitos road and Northgate Drive, as shown on said map (12 maps 19), the following courses and distances: South 14°28'26" east, 100.65 feet; thence along a curve to the right, whose center bears south 75°31'34" west, having a radius of 50 feet through a central angle of 89°59'48" a distance of 78.54 feet; thence south 75°31'22" west, 518.22 feet; thence along a curve to the right, whose center bears north 14°28'38" west, having a radius of 224.00 feet through a central angle of 85°18'00" a distance of 333.48 feet; thence along a curve to the left, whose center bears south 70°49'22" west, having a Radius of 291.67 feet through a central angle of 38°49'22" a distance of 197.63 feet; thence north 58°00'00" west, 65.94 feet, and thence along a curve to the right, whose center bears a distance of 420.61 feet; thence leaving said boundary, south 76°30'00" east, 1177.52 feet to the westerly boundary of said Los Ranchitos Road; thence along said westerly boundary along a curve to the left, whose center bears north 84°05'22" east, having a said westerly boundary of Los Ranchitos Road (12 rm 19) south 29° 23' 52" west, shown as "south 29° 23' 52" west, 100.00 feet" on said map (12 rm 19); thence along Exhibit E 4 Parcel Three: Beginning at the southeast corner of Las Gallinas Avenue as shown the "Map of Northgate Shopping Center", recorded April 13, 1960, in volume 10 of maps at page 56, which point is also the southerly terminus of the course described as "n 26°48'11" e., 60.00 feet" in parcel 2 of The deed from rose freitas rose, et al, to the State of California, recorded April 19, 1960, in volume 1361 of official records at page 30; thence along the southerly boundary of said parcel 2 (also the southerly boundary of Las Gallinas Avenue) (1361 o.r. 30) the following courses and distances: easterly along a curve concave to the southwest, whose center bears south 25°31'51" west, having a radius of 427.89 feet through a central angle of 7°46'05" for a distance of 58.01 feet; thence south 56°42'04" east, 32.12 feet; thence easterly along a curve concave to the northeast, tangent to the preceding course, having a radius of 730.04 feet through a central angle of 26°24'46" for a distance of 336.54 feet and thence south 83°06'50" east, 157.16 feet; thence leaving said southerly boundary south 13°30'00" west, 371.00 feet to the true point of beginning of this description; thence from said true point of beginning south 76°30'00" east, 152.00 feet; thence south 13°30'00" west, 304.00 feet; thence north 76°30'00" west, 304.00 feet; thence north 13°30'00" east, 304.00 feet; thence south 76°30'00" east 152.00 feet to the true point of beginning Parcel Four: Beginning at a point on the easterly boundary of Northgate Drive, as shown on that certain map entitled "Map of Northgate Regional Shopping Center", recorded September 10, 1963 in book 12 of record maps at page 19, Marin County records, which point is the southerly terminus of the course "n 32°00'00" e, 294.85" as shown on said map (12 rm 19); thence along said easterly boundary of Northgate Drive (12 rm 19) north 32°11'100" east, 294.85 feet; thence leaving said easterly boundary of Northgate Drive (12 rm 19) south 72°23'02" east, 37.59 feet to the true point of beginning; thence south 13°30'00" west, 70.00 feet, thence south 58°30'00" west, 5.66 feet, thence south 13°30'00" west, 42.00 feet; thence south 31°30'100" east, 11.30 feet; thence sout h 13°30'00" west, 34.00 feet; thence south 58°30'00" west, 11.31 feet; thence south 13°30'00" west, 12.00 feet; thence south 31°30'100" east, 5.66 feet; thence south 13°30'00" west, 118.80 feet; thence south 76°30'100" east, 40.67 feet; thence north 13°30'00" east, 57.13 feet; thence south 31°30'00" east, 7.54 feet; thence south 76°30'00" east, 74.00 feet; thence north 58°30'100" east, 11.31 feet; thence south 76°30'00" east, 24.00 feet; thence north 13°30'100" east, 106.00 feet; thence south 76°30'00" east 8.00 feet~ thence north 13°30'00" east, 96.00 feet; thence north 31°30'00" west, 11.31 feet; thence north 13°30'0011" east, 57.00 feet; thence north point of beginning. radius of 780.00 feet through a central angle of 8°32'34" a distance of 116.30 feet to the Exhibit E 5 76°30'00" west, 18.00 feet; thence south 13°30'0011" west, 20.00 feet; thence south 58°30'00" west, 8.49 feet to THE TRUE POINT OF BEGINNING. 76°30'00" west, 80.00 feet; thence south 58°30'0011" west, 11.31 feet; thence north 76°30'100" west, 32.00 feet; thence north 31°30'0011" west, 11.31 feet; thence north 2025 MASTER PLAN - STREET LEVEL SITEPROJECT INFORMATIONASSESSOR'S PARCEL NUMBER:175-060-12; 40; 59; 61; 66 & 67EXISTING GP LAND USE:COMMERCIALEXISTING ZONING:GC GENERAL COMMERCIALEXISTING USE:OCCUPIED RETAILSITE AREA:44.76 ACRESRETAILRETAIL GLAMACY'S ANCHOR 254,015 sf 254,015 sf 0 sf RITE AID PAD 17,340 sf 17,340 sf 17,340 sfMAJOR 1 79,051 sf 79,051 sf 0 sf(E) MALL (Incl. Major 2, Shops 2, 2A, Restaurant, Police, Management) 55,360 sf 55,360 sf 55,360 sfMAJOR 3 10,000 sf 10,000 sfMAJOR 4 23,140 sf 23,140 sfCENTURY THEATER 65,000 sf 65,000 sf 65,000 sfOUNCES480 sf 480 sf 480 sfSHOPS 1 6,795 sf 6,795 sf 0 sfSHOPS 3 5,000 sf 5,000 sf 5,000 sfSHOPS 4 6,200 sf 6,200 sf 6,200 sfSHOPS 5 3,500 sf 3,500 sfSHOPS 6 5,000 sf 5,000 sfPAD 1 8,400 sf 8,400 sf 8,400 sfPAD 2 4,300 sf 4,300 sf 4,300 sfPAD 3 5,000 sf 5,000 sfPAD 4 3,800 sf 3,800 sfPAD 5 5,000 sf 5,000 sfGLA SUBTOTALS 501,941 sf 339,861 sf 162,080 sf 55,440 sf 217,520 sfZONING / FAR CALCULATIONSTotal Commercial Sq Ft.217,520 sfEntire Mall Property Sq Ft.1,949,746 sfTotal Commercial FAR 0.11Allowable Commercial FAR 0.30LANDSCAPE AREA CALCULATIONS�� ••••�•PARKING REQUIREDTOTAL Surface Parking for Retail (4/1000 @ 217,820 sf)871 spacesPARKING PROVIDEDParking Structure for Retail (-120 for RESI 6)353 spaces Surface Parking for Retail 972 spaces TOTAL 1,325 spaces EXISTING DEMOLISHED EXISTINGTO REMAIN NEW TOTAL PROJECT SUMMARY Total Residential Units 864 Total Commercial Sq Ft.501,941 sf Total Parking Count (Spaces)1,843 PROJECT SUMMARY Total Residential Units 864 Total Commercial Sq Ft.501,941 sf Total Parking Count (Spaces)1,843 SHOPS PAD MAJOR CINEMA RESIDENTIAL RESIDENTIAL AMENITIES COMMUNITY SPACE STRUCTURED PARKING SIGNALIZED INTERSECTION LEGEND NORTHGATE TOWN SQUARE REDEVELOPMENT PLAN AUGUST 2, 2024 SD-8 0 30’ 60’ 120’240’ SCALE 1” = 60’-0” N 274 188 61 408 93 308 473 36 SHOPS 1 ±6,795 SF RESTAURANT ±8,510 SF MAJOR 2 ±28,000 SF MGMT OFFICE ±800 SF POLICE ±200 SF SHOPS 2 ±11,600 SF SHOPS 2A ±6,250 SF MAJOR 1 ±79,051 SF (E) MACY’S ±254,015 SF SHOPS 3 ±5,000 SF (E) RITE-AID ±17,340 SF CINEMA ±65,000 SF 1,330 SEATS TOWN SQUARE RESIDENTIAL PARCEL 1 ±38 UNITS PAD 2 ±4,300 SF PAD 1 ±8,400 SF RESIDENTIAL PARCEL 2 ±100 UNITS SHOPS 4 ±6,200 SF RESIDENTIAL PARCEL 4 ±446 UNITSRESIDENTIAL PARCEL 3 ±280 UNITS LIBRARY / COMMUNITY CENTER THORNDALE DRIVE LAS GA L L I N A S A V E N U E L A S G A L L I N A S A V E N U E MERRYDALE ROAD NORTHGATE DRIVE N O R T H G A T E D R I V E EL F A I S A N D R I V E LOS RANCHITOS ROAD NOVA A L B I O N WAY DEL P R E S I D I O BO U L E V A R D EXHIBIT F ' ~ I 0 • ~ ~ ~~ ?"_,.,.. .. /~ ~/- / ~ K~ tr L:L) ' • l // . --~\~ ~i j L~'.,.! _ _:::::,_..::;::)===:=-1 '1-l.1.,. _ _, nn ~ ~ - I \.__ '---- .!' -~ ~ I I • ~ ~ 1~ ,. • - Merlone Geier Partners -.I_~:.~-. = . , <> ,-L al l _~,-· ! ' _1 . :_, • I ~ .·i I -• ·• ' I .,,_ 10 i 0 0 0 CSW ST2 OCULUS ID:JiO.J ~,J} ~ .... URBAN ARENA fl_ ' , . , 'i STUDIO TSQUARE ----=---~(l •• I ~ ______/ \ r 2040 VISION PLAN - STREET LEVEL SHOPS PAD MAJOR CINEMA RESIDENTIAL RESIDENTIAL AMENITIES COMMUNITY SPACE STRUCTURED PARKING SIGNALIZED INTERSECTION LEGEND NORTHGATE TOWN SQUARE REDEVELOPMENT PLAN AUGUST 2, 2024 SD-12 0 30’ 60’ 120’ 240’ SCALE 1” = 60’-0” N 266 MAJOR 4 ±25,000 SF SHOPS 6 ±5,000 SF RESTAURANT ±8,510 SF MAJOR 3 ±10,000 SF SHOPS 3 ±5,000 SF SHOPS 5 ±3,500 SF SHOPS 4 ±6,200 SF LAS GA L L I N A S A V E N U E MERRYDALE ROAD NORTHGATE DRIVE N O R T H G A T E D R I V E EL F A I S A N D R I V E LOS RANCHITOS ROAD MAJOR 2 ±28,000 SF RESIDENTIAL PARCEL 5 ±309 UNITS PAD 5 ±5,000 SF PAD 3 ±5,000 SF PAD 4 ±3,800 SF (E) RITE-AID ±17,340 SF RESIDENTIAL PARCEL 6 ±249 UNITS TOWN SQUARE RESIDENTIAL PARCEL 4 ±446 UNITSRESIDENTIAL PARCEL 3 ±280 UNITS LIBRARY / COMMUNITY CENTER PAD 2 ±4,300 SF PAD 1 ±8,400 SF MGMT OFFICE ±800 SF POLICE ±200 SF SHOPS 2 ±11,600 SF SHOPS 2A ±6,250 SF RESIDENTIAL PARCEL 2 ±100 UNITS 61 256 93 251 353 21 CINEMA ±65,000 SF 1,330 SEATS NOVA A L B I O N WAY DEL P R E S I D I O BO U L E V A R D THORNDALE DRIVE RESIDENTIAL PARCEL 1 ±38 UNITS L A S G A L L I N A S A V E N U E SITEPROJECT INFORMATIONASSESSOR'S PARCEL NUMBER:175-060-12; 40; 59; 61; 66 & 67EXISTING GP LAND USE:COMMERCIALEXISTING ZONING:GC GENERAL COMMERCIALEXISTING USE:OCCUPIED RETAILSITE AREA:44.76 ACRESRETAILRETAIL GLAMACY'S ANCHOR 254,015 sf 254,015 sf 0 sf RITE AID PAD 17,340 sf 17,340 sf 17,340 sfMAJOR 1 79,051 sf 79,051 sf 0 sf(E) MALL (Incl. Major 2, Shops 2, 2A, Restaurant, Police, Management) 55,360 sf 55,360 sf 55,360 sfMAJOR 3 10,000 sf 10,000 sfMAJOR 4 23,140 sf 23,140 sfCENTURY THEATER 65,000 sf 65,000 sf 65,000 sfOUNCES480 sf 480 sf 480 sfSHOPS 1 6,795 sf 6,795 sf 0 sfSHOPS 3 5,000 sf 5,000 sf 5,000 sfSHOPS 4 6,200 sf 6,200 sf 6,200 sfSHOPS 5 3,500 sf 3,500 sfSHOPS 6 5,000 sf 5,000 sfPAD 1 8,400 sf 8,400 sf 8,400 sfPAD 2 4,300 sf 4,300 sf 4,300 sfPAD 3 5,000 sf 5,000 sfPAD 4 3,800 sf 3,800 sfPAD 5 5,000 sf 5,000 sfGLA SUBTOTALS 501,941 sf 339,861 sf 162,080 sf 55,440 sf 217,520 sfZONING / FAR CALCULATIONSTotal Commercial Sq Ft.217,520 sfEntire Mall Property Sq Ft.1,949,746 sfTotal Commercial FAR 0.11Allowable Commercial FAR 0.30LANDSCAPE AREA CALCULATIONSOpen Space 705,384 sfUsable Open Space (pedestrian paving)377,409 sfLandscape (planting area)327,975 sfLandscape %16.8%PARKING REQUIREDTOTAL Surface Parking for Retail (4/1000 @ 217,820 sf)871 spacesPARKING PROVIDEDParking Structure for Retail (-120 for RESI 6)353 spaces Surface Parking for Retail 972 spaces TOTAL 1,325 spaces EXISTING DEMOLISHED EXISTINGTO REMAIN NEW TOTAL PROJECT SUMMARY Total Residential Units 1,422 Total Commercial Sq Ft.219,380 sf Total Parking Count (Spaces)1,305 PROJECT SUMMARY Total Residential Units 1,422 Total Commercial Sq Ft.219,380 sf Total Parking Count (Spaces)1,305 f , / ~ ~)/ I I - .·~·~ ~ ~~f ·-·/ 0 ◄ • I~ I --- ~. . ..-:: •. . , -- ~ ·t ~ ~ ..I ~-, ' ' c ,-' ' .~ ,, • -,, / ~ '< fl C ~ - ' ' ~ - I . r ~ 'l ~ ! \ D ,[ 7 i I IL 0 bo A 0 co ~ ~ -~ ?]1 r r7'7 \,_ ' I 1 . I • I ' I II· -..;1" I I 1 I I ' I : 1 . a l a I~ I I I -/;: 1~ ,_ • • - Merlone Geier Partners 0 0 1 OJ 0 1 " co ~ ' !' • ~,,. ,(, ' . . .. . , . ' ..... ;,-~ •' . ' , . . . . . ~ ----~ rr,-,.,---lf7"1nnF' 0 0 0 CSW ST2 (&\\ \ n ff-- :,; .(f ,i ,------------, OCULUS 7 - ff - • STUDIO TSQUARE i i / -----.., i I ~ I;, l~I "' ti _L- I n / / -o ✓ --~ .. . I ~ - ~ \ I I 0 r--1 I ~ I I ' " I I I I I I I I I I [;] 1 NORTHGATE TOWN SQUARE PLANNED DEVELOPMENT DISTRICT PURPOSE The purpose of the Northgate Town Square Planned Development (PD) District is to allow for the redevelopment of the Northgate Mall to create a pedestrian -oriented, open-air main street experience with interconnectivity to surrounding commercial and residen tial uses. Specifically, the Northgate Town Square PD District is intended to accomplish the following: 1.Promote contemporary and innovative design on the site by allowing flexibility in property development standards 2.Encourage the establishment of new residential uses and related community amenities and open space as infill development in close proximity to transit opportunities 3.Encourage a holistic approach to redevelopment of the site by providing development standards that apply across the site, reducing the rigidity and conflicts that would otherwise result from applying development standards and procedures designed primarily for small lots, and 4.Accommodate large-scale, complex, mixed-use, phased redevelopment of the site. APPLICABILITY The PD standards as outlined in this document are consistent with the phased Northgate Town Square Project as approved by City Council via Resolutions 15359 and 15360 are applicable to all future use and development in the Planned Development District Area. PLANNED DEVELOPMENT DISTRICT AREA The land area included in the Northgate Town Square PD zoning district shall include the approximately 44.76 acre property depicted on the attached Land Use Map (Exhibit A) incorporated by reference, and legal property description (Exhibit B) incorporated by reference (hereinafter “PD Site”). The Northgate Town Square PD zoning district is generally bounded by Las Gallinas Avenue to the north, Los Ranchitos Ave to the east, and Northgate Drive to the south and west. DEFINITIONS Definitions as outlined in San Rafael Municipal Code Chapter 14.03 and as subsequently amended shall be incorporated by reference. LAND USES This PD permits a phased mixed-use redevelopment of the existing Northgate Mall, including at build out a total of 1,422 residential units, 219,380 square feet of commercial, and site improvements and amenities including but not limited to the 56,975 square foot town square and 9,604 square foot bike hub. A.Permitted Uses: The following uses are permitted uses in the PD District. EXHIBIT G 2 i.All existing legal uses within the Northgate Town Square PD District ii.Shopping Center iii.Theater iv.Brew Pubs v.Fast Food Restaurant vi.Food Service Establishment vii.Food Service Establishment, High Volume viii.Outdoor Eating Areas ix.Grocery Store x.General Retail xi.Fitness/Recreation Facility xii.Multifamily Residential xiii.Public Facilities such as recreation and library facilities xiv.Accessory Dwelling Units consistent with standards identified in SRMC Section 14.16.285 xv.Junior Accessory Dwelling Units consistent with standards identified in SRMC Section 14.16.285 xvi.Home Occupations consistent with SRMC Chapter 14.16 xvii.All other uses that are permitted by right within the General Commercial (GC) District, as provided in the San Rafael Municipal Code. B.Other Uses: All other land uses listed as conditionally permitted or as permitted under an administrative use permit in the General Commercial (GC) zoning district, as set forth in the San Rafael Municipal Code, shall be allowed, provided that the necessary permits are obtained. C.Temporary Uses and Special Events: To activate and facilitate use of the Town Square as a community amenity for users of the Northgate Town Square Project and the surrounding community, up to 12 temporary uses and special events are allowed per calendar year without issuance of a separate Temporary Use Permit, subject to the criteria included in this section. These events must be sponsored by the property owner or property manager, and they are solely responsible for ensuring the events are operated in accordance with applicable regulations. All temporary uses and special events shall be subject to the Northgate Town Square Operating Rules for the Publicly Accessible Open Space, pursuant to Resolution No. 15360, condition of approval No. 103. A Temporary Use or Special Event that does not meet the criteria listed below may be approved consistent with San Rafael Municipal Code Section 14.17.130 (Temporary Uses). •Pre-Approved Temporary Uses and Special Events include: o Temporary or seasonal events o Fairs, festivals, concerts, farmer’s markets, and similar temporary uses o Movies in the park, organized run events, sports watch parties, and similar type s of special events o Other temporary uses and special events with similar impacts as those listed may be allowed at the discretion of the Community and Economic Development Director and when found consistent with the purpose of these PD District Standards •Pre-Approved Temporary Use and Special Event Criteria: 3 o Location of said events shall be limited to the Town Square, Bike Plaza, and immediately adjoining areas o Each event shall not exceed a maximum capacity of 250 people o Public parking and restroom facilities shall be made available on the Site for each event o Garbage, litter, and debris shall be collected, stored, and removed from the site immediately following the event. o The event sponsor shall obtain any and all required permits from the Marin County Health Department, City of San Rafael Building Division, and/or City of San Rafael Fire Department as applicable. o Any signage associated with the special event shall comply with Chapter 14.19, Signs, of the San Rafael Zoning Ordinance and the Northgate Town Square Master Sign Program as applicable to temporary signs o Onsite private security shall provide security and public safety measures to ensure compliance with performance standards as identified in the Municipal Code and minimize impacts. o Event hours shall be limited to: ▪Between 7:00 a.m. and 10:00 p.m. on Fridays and Saturdays ▪Between 7:00 a.m. and 9:00 p.m. on Sundays and holidays (as those days are designated holidays by the City of San Rafael) ▪Between 6:00 a.m. and 9:00 p.m. on Mondays, Tuesdays, Wednesdays, and Thursdays AMENDMENTS AND MODIFICATIONS Modification to Land Uses Any proposed change to uses not specified in subsection A that exceed the standards prescribed by this PD or propose uses that are not consistent with the land use regulations of the PD shall require an amendment to the PD District and may require associated amendment to the Master Use Permit approved for the Northgate Town Square Project consistent with City Council Resolution No. 15360. Any change to a use that is permitted by right in the General Commercial District as noted above shall not require an amendment to the PD. Major Modifications to the Planned Development Projects that require physical changes to the Planned Development standards as outlined in this document and associated exhibits, including new buildings, significant changes to landscaping, or significant changes to vehicle parking areas shall require an Amendment to the PD zoning and development plan pursuant to San Rafael Municipal Code Section 14.07.150. Such changes shall also require approval of an Environmental and Design Review Permit consistent with SRMC 14.25. Minor Modifications to the Planned Development 4 Modifications to the design, color, or materials of the structures or minor site modifications to site improvements or addition of minor accessory structures, may be considered through an Administrative Environmental and Design Review Permit consistent wit h SRMC 14.25 and are not considered changes to the PD. The Community and Economic Development Director shall determine the level of review required for any modification. ENVIRONMENTAL REVIEW The potential environmental impacts of the Northgate Town Square Project, including the establishment of these PD standards and approval of the Northgate Town Square Development Plan were fully analyzed in the Northgate Town Square Environmental Impact Report (EIR) (SCH# 2023320187) containing all contents required by California Environmental Quality Act (CEQA) Guidelines 15132, inclusive of references, appendices, and all attachments thereto. The City Council approved Resolution No. 15359 certifying the EIR pursuant to the CEQA. Additionally, as part of adoption of Ordinance No. 2043, the City Council adopted findings of fact, a statement of overriding considerations, and the Mitigation Monitoring and Reporting Program (MMRP) for the Northgate Town Square Project, pursuant to the CEQA. All mitigation shall be implemented as outlined in the approved MMRP as it may be amended. Any modifications to the project shall be evaluated for conformance with the certified EIR and may require additional environmental analysis as appropriate. AFFORDABLE HOUSING Onsite inclusionary housing shall be provided on each residential or residential-mixed-use parcel under individual affordable housing regulatory agreements with the City of San Rafael. Each such agreement shall: •Be recorded prior to issuance of the first building permit for any residential unit on each residential or residential-mixed-use parcel. •Be consistent with the Master Affordable Housing Agreement for the Northgate Town Square Project as approved by the City Council via Resolution No. 15360, which agreement is to be recorded on the Project Site prior to the issuance of the first building permit for any residential unit on the Project Site. •Provide 10% of total residential units on the parcel as below market rate affordable to low-income households and deed restricted in perpetuity •Evenly distribute Below Market Rate (BMR) units within each residential or mixed-use building, avoiding clustering of BMR units on any one floor or within one area •Ensure that BMR units are similar mix and type to the market rate units in size, bedroom count, access to amenities, and finishes. PRIVATELY OWNED PUBLICLY ACCESSIBLE OPEN SPACE Privately owned publicly accessible open space shall be provided consistent with the Privately Owned Publicly Accessible (POPA Agreement) applicable to each POPA imrprovement. DEVELOPMENT STANDARDS The PD District shall be developed in conformance with the development plans, associated drawings, and reports submitted with the Project as listed in the Exhibit section and the development standards set forth below. 5 A. Minimum Lot Area: A minimum lot area of six thousand (6,000) sq. feet shall be required with the exception of the 38 individual townhome lots as shown on Lot 2 and the 100 individual townhome lots shown on Lot 3 of the Vesting Tentative Subdivision Map. B. Minimum Lot Width: A minimum lot width of sixty (60) feet shall be required with the exception of the 38 individual townhome lots as shown on Lot 2 and the 100 individual townhome lots shown on Lot 3 of the Vesting Tentative Subdivision Map . C. Maximum Residential Density: A maximum residential density of one (1) residential dwelling unit per one thousand (1,000) square feet of total site area shall be permitted , not to exceed the maximum residential density allowed in the Community Commercial Mixed Use Land Use Designation. A total of 1,422 multifamily residential units as approved with the associated Development Plan shall not be exceeded unless subsequently approved through a modification to the Development Plan . Residential density limits shall apply across the total site area within the Northgate Town Square PD District, not by individual parcel. D. Floor Area Ratio (Maximum Nonresidential Intensity): A maximum floor area ratio (FAR) of .30 shall apply to non-residential uses on the site. FAR limits shall apply across the total site area within the Northgate Town Square PD District, not by individual parcel. FAR shall be calculated as total building square footage (gross floor area) divided by the total site area excluding public streets. Total building square footage shall exclude parking areas or garages (covered or uncovered), residential components of a mixed- use project, hotels, and non-leasable covered atriums. Total site area shall not exclude any portions of the site that may be developed, in whole or in part, with residential uses. E. Maximum Lot Coverage: There is no maximum lot coverage restriction within the Northgate Town Square Planned Development District. F. Minimum Yards: No minimum yards are required, except that, where the frontage of a parcel is located directly across from the R7.5 district or other residential district with the same front yard setback, the front yard setback shall be ten (10) feet, with an average front yard setback across the affected parcel of fifteen (15) feet. G. Maximum Height of Structure: Buildings may be built at a maximum height of 78 feet pursuant to the incentive/concession awarded under the State Density Bonus Law , and including an additional 12 feet of building height for projections for non -habitable space. Further exclusions to the maximum building height for non-habitable space are permissible pursuant to San Rafael Municipal Code Section 14.16.120 and as approved with the Environmental and Design Review Permit for the Northgate Town Square Project. H. Minimum Landscaping: i. A minimum of fifteen (15%) percent of the total site area within the Northgate Town Square PD District shall be landscaped. ii. A minimum of ten (10) feet of any front setback shall be landscaped. Landscaped portions of the public right-of-way may be included, subject to approval by the hearing body. 6 I. Minimum Private Open Space: A minimum of 150 square feet of private usable open space shall be provided for each residential unit. Private usable open space may include common open space such as the pool deck and amenity areas provided for each of the proposed multi-family residential buildings with a minimum dimension of 12 feet or through private balconies or patios with a minimum dimension of 6 feet. J. Vehicular Parking: i. Parking requirements shall be as specified in the San Rafael Municipal Code, except that all such requirements may be satisfied anywhere across the total site area within the Northgate Town Square PD District. ii. Reductions in the total parking may be granted by the Zoning Administrator, subject to the provisions of SRMC Section 14.18.080. Any such reductions shall be supported by a shared parking demand study prepared by a qualified transportation engineer or other qualified parking professional. iii. No onsite parking can be required by the City consistent with the provisions of California Government Code section 65863.2 (Assembly Bill No. 2097 (2022)) and based on the project’s location within ½ mile of the Civic Center SMART station. K. Electric Vehicle Parking: Electrical Vehicle Parking shall be provided (1) consistent with the PD standards identified below and as shown in approved plans for the Northgate Town Square Project, including the certified EIR for the project, OR (2) as required by the California Building Code at the time of building permit application, whichever is greater. Electric Vehicle Parking shall meet or exceed that approved with the Northgate Town Square Project, including: i. Reconfigured Commercial Parking in Phase 1 (Sheet RT-1) a. 45% EV Capable b. 33% Active EV charging stations c. 50% Designated for clean air vehicles ii. Reconfigured Commercial Parking in Phase 2 (Sheet RT-35) a. 45% EV Capable b. 25% Active EV charging stations c. 85 spaces Designated for clean air vehicles iii. Residential 1 and 2 a. 15% of guest parking shall have active EV charging stations b. 85% of guest parking shall be EV Ready c. A 40 ampere 208/240 volt dedicated EV branch circuit shall be installed in the garage of each townhome unit iv. Residential 3, 4, 5, and 6 a. 15% active EV charging stations b. 85% EV Ready 7 L.Bike Parking: Bike parking is required for all development within the PD, including bike parking for commercial and residential land uses and including both short term and long term bike parking facilities. Bike parking shall meet or exceed that approved with the Northgate Town Square Project as shown on Sheets L-3 or L-38 of exhibits. M.Access: All residential units shall have a separate and secured entrance and exit. N.Lighting: To ensure that residential uses in commercial areas are not adversely affected by adjacent uses, a minimum of one foot-candle at ground level shall be provided in all exterior doorways and vehicle parking areas. O.Signage: The Master Sign Program approved pursuant to Resolution 15360 specifying the property name, logo, taglines, fonts, colors, and sign design used on all freestanding and building attached signs shall regulate all signage within the Northgate Town Square Planned Development District. P.Trash, Recycling, and Green Waste: Trash, recycling, and green waste management shall be consistent with those shown in Northgate Town Square Project exhibits. Q.Fences and Walls i.Non-Residential Uses. An administrative environmental and design review permit shall be required for all non-residential fences over seven (7) feet in height to ensure the fence conforms to the design and development standards of the Northgate Town Square PD District and is compatible with the immediate surrounding properties in the neighborhood. Where a parcel is developed with, abutting, or surrounded by, a residential use, fence heights shall be the same as required for residential uses as specified in (N)(ii), unless an alternate fence height can be justified through the administrative design review process. ii.Residential Uses. The following height limitations shall apply to the height of all residential fences and walls. a.Permitted in Front and Street Side Yard Areas. The following may be located within the front and street side yard: 1.Fences and retaining walls not exceeding five (5) feet in height, may be located within the front or street side yard setback, provided that the fence or wall shall not conflict with the sight distance requirements set forth in Section 14.16.295 of the San Rafael Municipal Code. 2.Minor decorative entryway treatments no taller than eight and one-half (8.5) feet in height, such as a trellis arch or a lattice arch, are permitted within the front or street side yard, provided that it does not conflict with the sight distance requirements set forth in Section 14.16.295 of the San Rafael Municipal Code. b.Permitted in Rear Yard and Interior Side Yard Areas. The following may be located within the rear yard and interior side yard: 1.Fences not exceeding seven (7) feet in height may be located within the rear yard or interior side yard. 8 2. Retaining walls not exceeding four (4) feet in height may be located within the rear yard and interior side yard. c. Permitted with Required Planning Permits. The following may be permitted for all residential fences with prior approval of design review (pursuant to Section 14.25.040.C of the San Rafael Municipal Code) and/or exception (pursuant to Chapter 14.24 of the San Rafael Municipal Code) as noted: 1. Fences exceeding seven (7) feet in height up to nine (9) feet in height may be located in the interior side or rear yard where topography or difference in grade between adjoining sites warrants such increase, subject to administrative design review and exception. 2. Fences in the front yard or street side yard may be increased by a maximum of two (2) feet to prevent access to natural or physical hazardous conditions either on the lot or on an adjacent lot, subject to administrative design review and exception. 3. An exception to the residential fence and walls height standards may be allowed as noted above, subject to the provisions of San Rafael Zoning Ordinance Chapter 14.24, Exceptions. Exceptions for height should include a landscape setback buffer between the fence or wall and the public right of way, in order to mitigate the impact of a taller fence or wall along the streetscape. A minimum setback buffer of six (6) inches should be provided for each one (1) foot of increased height. 4. A building permit may be required for fences over seven (7) feet in height and retaining walls over four (4) feet or walls that support the adjacent hillside or property improvements, as determined by the building code. R. Outdoor Eating Areas: The area inside any Outdoor Eating Area, the adjacent areas outside of the eating area, and all appurtenances related thereto, shall be steam cleaned or pressure washed on a quarterly basis, and shall be maintained in good repair and in a clean and attractive condition as determined by the Community and Economic Development Director. Outdoor Eating Areas shall not be subject to the requirements in SRMC Section 14.17.110 that such areas be conducted as an accessory use to a legally established restaurant or food service establishment a nd that such areas not exceed twenty-five percent (25%) of the indoor seating area . No such size limit applies within the PD District. S. Green Building Provisions: The Northgate Town Square PD is approved to facilitate the redevelopment of the existing Northgate Mall into a robust mixed use development inclusive of residential, commercial, publicly accessible open space and multi -modal connectivity and to highlight development that meets and exceeds green building standards, including the following that shall be the minimum standards for all development within the PD District: i. All residential construction shall be all -electric with no natural gas fuel and including all amenities such as pool and spa heating and barbeques and fire pits 9 ii.All fire pits or similar amenities used in common spaces and including the Town Square shall be electric and shall not use natural gas or propane. iii.While gas facilities for commercial kitchen is allowed, it is strongly encouraged that any new facilities consider advances in technology to allow conversion to fully electric appliances. iv.Electric Vehicle infrastructure shall meet or exceed requirements listed above v.All new residential and new residential mixed-use construction shall provide rooftop solar and battery backup that meets or exceeds current requirements in the California Building Code and as amended by the City of San Rafael . Battery backup shall not be required for townhome development on Lots 2 and 3. vi.All new non-residential construction shall be made ready for installation of rooftop solar and batter back that meets or exceeds current requirements in the California Building Code and as amended by the City of San Rafael. vii.All new buildings, including both residential and commercial, but excluding all existing structures, shall be dual plumbed viii. All landscaping shall be irrigated with recycled water ix.No artificial turf shall be used for landscape or common area, including the Town Square, but excluding the dog park and any pet relief areas. DESIGN STANDARDS All buildings, structures, site improvements, landscaping, parking, and exterior lighting shall be consistent with the Development Plan and conditions of approval set forth in City Council Resolution 15360, which approved the Environmental and Design Review Permit for the Northgate Town Square Project, except as may be amended consistent with the Amendments and Modification provisions in this document. Any site improvements meeting the criteria set forth in Section 14.25.040 of the San Rafael Municipal Code shall be subject to review and approval of an Environmental and Design Review Permit. In addition, all new modifications shall conform to the following standards: i.Building Orientation. When buildings are adjacent to a street or alley, primary building entrances shall be designed to face the street or alley. ii.Ground Level Utility Location and Utility Screening. Back flow preventers, transformers, and other utilities must be out of sight or in sidewalk vaults. If a back flow preventer cannot be placed in a vault or out of sight, it must be screened from view with either architecture or landscaping. Utility transformers or boxes shall be underground or, if not allowed by PG&E, screened and not visible from the public right of way. iii.Parking Garages. Parking garage and other service, utility, and loading entries shall be accessed from side streets or rear alleys, where they exist. Any parking visible from the street, shall be screened by continuous landscaping, or other architectural features (i.e., mesh screening, etc.). 10 iv.Facades/Massing. For every 50 feet of building length, there shall be a plane-break along the facade no less than 10 feet in length, which shall extend from grade to the highest story. For every 100 feet of building length, the plane break will have at least five feet of depth. v.Blank Walls. All building walls shall have a minimum 15% transparency on each floor. Ground floors without a lobby shall exhibit a variegated fa çade with changes in transparencies and materials so that no one form represents more than 75% of the surface area. Transparency is defined as any material or area of the fa çade where it is possible to see through to the next wall or at least 10 ft.-- Blank walls (facades without doors, windows, vertical and irrigated landscaping treatments) shall be less than 30 feet in length. Any blank walls adjacent to alleyways or side-property lines shall be treated with graffiti resistance paint that does not use a glossy finish. vi.Corner Buildings. For all corner buildings, the corner shall have a separate architectural treatment such as a projection or inset to define the building corner. The treatment shall be minimum of 10 feet of width along each street frontage beginning at the corner. vii. Colors and Materials: The color palette included as part of the Planned Development standards as outlined in this document and exhibits. viii.Minimum Articulation. All street-facing facades shall have at least one horizontal or vertical projection or recess at least three feet in depth, or two projections or recesses at least two feet in depth, for every 50 linear feet of wall. The articulated elements shall occupy at least 50 percent of the height of the structure and may be grouped rather than evenly spaced in 50-foot modules. ix.RooftopUtilityScreening.Allmechanicalequipmentshallbescreenedandshall not project above its enclosure. Roof-mounted mechanical equipment shall be screened from public view by a parapet wall, decorative equipment screen, or other architectural treatment. The point of view for determining visibility shall be five feet above grade at a distance of 200 feet from any point of the structure at ground level. EXHIBITS The following Exhibits illustrate approved plans for the Northgate Town Square Project as approved by City Council via Resolution No. 15360 and shall together create the approved development plan for the Northgate Town Square PD District. •Architectural Plans •Civil Engineering Plans •Landscape Plans •Master Sign Program •Photometric Study