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HomeMy WebLinkAboutCD MSS Master Plan Amendment 2015c,rr of Agenda Item No: 5. c n. 1� at ___j Meeting Date: July 20, 2015 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Community Development Department, Planning Division Prepared by: City Manager Approval 4 4"_e'.'&_ee Paul A. Jensen, AICP [KT] Community Development Director TOPIC: Marin Sanitary Service Facility Master Plan Amendment SUBJECT: 1050 Andersen Drive/565 Jacoby Street. Consider requests for a Planned Development District Rezoning, Master Use Permit Amendment, Design Review and Lot Consolidation to amend the Marin Sanitary Service Facility Master Plan, and adoption of a Mitigated Negative Declaration; APN: 018-180-72 thru -76 and 018-141-03; Planned Development (PD1580) and Industrial (1) zoning district; Golden Gate Bridge District (GGBHTD) and Marin Sanitary Service, Owner/Applicant; Case Numbers ZC09-001, UP09-020; ED09-031 and S09-002. EXECUTIVE SUMMARY: In 2009, the local refuse and recycling collection facility, Marin Sanitary Service (MSS), initiated amendments to its master plan in order to address the following: 1) Update the zoning for the 82.15 acre MSS property and remove a contiguous 2.78 -acre Golden Gate Bridge and Highway Transportation District (GGHBDT) property from the current Master Plan. 2) Reflect current and future operational needs, including incorporation of waste -to -energy conversion facilities. 3) Address existing animal keeping and ancillary personal storage uses. 4) Correct and legalize areas of non-conformance with entitlements for the outdoor container storage uses, open space area boundaries and open space roadway paving. The project location is shown on Exhibit 1 (Vicinity Map). The project would result in no change in existing land use or expansion of work areas. However, it would require permits for other local and state agencies for future anticipated improvements to the facility, specifically installation of waste -to -energy equipment. As required under the California Environmental Quality Act (CEQA), an Initial Study was prepared for the project and recommends adoption of a Mitigated Negative Declaration (MND). Based on review of the project and known environmental resources in the area, the MND identified potential impacts associated with Air Quality, Biological Resources, Cultural Resources, Hazards and Traffic that could occur as a result of grading and site work required for the project and from future waste -to -energy conversion facilities. The MND was provided to the City Council and FOR CITY CLERK ONLY File No.: LI # 9 h45-,a9G4KJ Y g2 -;t - to -3 2 -;t -to -3 Council Meeting: Iv- s Disposition: A)L50A u7101v5 / 3S 0led%,µc UL rq3 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 circulated for a 30 day public review on May 18, 2015. One comment was received from Caltrans regarding the traffic analysis. Caltrans comment, subsequent responses and correspondence have been provided as Exhibit 6 (Caltrans Comment). On June 23, 2015 the Planning Commission (PC) conducted a public hearing on the project and accepted and considered testimony, including comments received from Caltrans on the MND. The PC unanimously recommended approval of the Mitigated Negative Declaration and approval of the Rezoning, and voted 5-1 (Lubamersky absent, Belletto Opposed) to approve the Master Use Permit, Design Review Permit and Lot Consolidation with minor revisions to draft recommended conditions. Member Belletto opposed the entitlements due to concerns with the amount of concrete paving to remain in the open space. A request for right-of-way abandonment was also reviewed and recommended by the PC, which would be referred to the Council under a separate action. RECOMMENDATION: Staff recommends the City Council open a public hearing, take public comment, and take the following actions: 1. Adopt Resolution adopting a Mitigated Negative Declaration (MND) environmental determination and Mitigation Monitoring and Reporting Program (MMRP) for the MSS Master Plan Amendment project (ND09-001). Exhibit 2 2. Pass an Ordinance to Print for the entire 82.15 acre MSS property, rezoning the property from Industrial (1) and Planned Development (PD1580) District to revised PD District, and rezoning the 2.78 acre GGHBDT property from PD1580 to conventional P/QP District (consistent with the General Plan 2020 land use designation) (ZC09-001). Exhibit 3 3. Adopt a Resolution approving an amended Master Use Permit (UP09-020), Environmental and Design Review (ED09-031), and a Lot Consolidation (S09-002) for the Marin Sanitary Service Facility project. Exhibit 4 BACKGROUND: A detailed Project Description can be found on pages 4 through 7 of the June 23, 2015 Planning Commission (PC) staff report, attached as Exhibit 5. The PC meeting can also be viewed on the Meeting Agendas & Videos page, online at: R ;,I ,;,/ ,,,a; h ofsa,n,rafa,e,l.....gra /u , ;a;;; l...... %/, by selecting the June 23, 2015 meeting date link under the Archived Videos section. Referenced application material exhibits are also included within Mitigated Negative Declaration (MND) attachments, also online at: t ttp;,//u „_�. u,�7,ofsa °�,�. afaeN,..,a°�,m,�1/�;p��u�n,i� de�a;;;;�;;�,B,a,u°1,u;�,o,ir�� ;;;;;,lsl;;a;��,, fac0i[ j. Select the documents under the Draft Initial Study/Mitigated Negative Declaration heading in the center webpage column. Project Plans are located on this webpage, under the Project Plans heading at the bottom of the page. Site Description/Setting: The Marin Sanitary Service (MSS) project site is comprised of five (5) adjoining parcels located at the end of Jacoby Street with approximately 82.15 acres in total area. The five parcels were established through prior review and action by the Planning Division in 1995, at which time the Planning Division approved several lot line adjustments to consolidate MSS buildings and facility operations, and designate the upper portion of the site as private hillside open space area. Four (4) parcels are developed and used for MSS operations (Parcels A through D). These parcels are relatively level and comprise 31.28 acres. The fifth parcel (Parcel E) is a densely forested, 50.87 acre, hillside site with an average cross -slope of 39%. The upper slopes of the site include a visually significant ridgeline, San Quentin Ridge, which also provides a boundary line for the San Rafael corporate limits with the City of Larkspur. MSS also leases a separate 2.78 acre parcel to the west from Golden Gate Bridge Highway & Transportation District. This property is undeveloped, subleased for storage uses, and located across SMART rail right-of-way with access from Jacoby Street. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 History: MSS has been operating its waste resource and recovery facility on the subject site and providing municipal solid waste collection and recycling services to the Marin community since 1948, currently serving over 33,000 residential and commercial accounts in nine communities within Marin County. MSS provides residential and commercial trash pick-up, operates a transfer station, recycling center, nonhazardous materials resource center, household hazardous waste collection program, debris box rental, concrete and soil recovery, wood recovery, commercial food waste collection program, and green waste composting operations. Prior Zoning Entitlements The MSS facility land use currently is permitted under Master Use Permit UP96-8 issued by the City of San Rafael (amending prior UP92-7) and a Planned Development (PD1580) zoning district. MSS waste management facility operations are also subject to strict County and State regulations and permitting requirements, including those enforced by the California Integrated Waste Management Board. Master use permit UP96-8, under which MSS is currently operating, had consolidated 12 individual use permits which were previously issued by the City over the years for facility operations and periodic expansions. The main buildings associated with MSS operations are located on Parcel A, with additional operational activities and functions located on Parcels B through D, and Parcel E maintained as hillside open space buffer. In 2009, the City initiated work with MSS to update its master use permit to address several areas of nonconformance with the 1996 approval (including expansion of public container storage and address encroachments into open space areas) and to make facility upgrades for health and safety reasons. Environmental Review: On May 18, 2015 staff forwarded to the Planning Commission and City Council a copy of the Mitigated Negative Declaration prepared for the Marin Sanitary Service (MSS) Facility Master Plan Amendment. Planning Commission: On June 23, 2015, the Planning Commission considered the MND and zoning actions, and recommended adoption of the MND and approval of the project with minor changes to conditions of approval related to establishment of a schedule for ongoing monitoring of the use for condition compliance, the ongoing maintenance of paving in the open space area, and allowing the continuation of outdoor storage use on the Golden Gate Bridge District property as an interim activity (until SMART rail improvements are implemented in the area). No significant concerns or issues were raised by the PC. More detailed Background discussion can be found on page 3 of the June 23, 2015, Planning Commission staff report, provided as Exhibit 5. Property Facts: Address/Location. _ Andersen Street; Drive and Parcel Number(s): 081-180-73 thru -76; 535 No address for GGBHDT site l 081-110-03� Prop ert y 82.15 acres; Neighborhood Canal 2.78 acres _. Site Characteristics .. ....... _..... _..._..._ ........................... ..... ....g ..__................................. General Plan Desi nation Zoning Designation _. .......... _................. _...._....... ExistingLand-Use Project Site: Industrial/Conservation ....... PD(1580) & I MSS Waste Facility North: General Commercial LI/O GGBHTD Facility Yard South: N/A N/A Ridgetop / City of ! Larks ur East: Public/Quasi Public P/QP ....._.... _ _ Sanitation Plant (CMS) �.._ West: Industrial P/QP Outdoor storage yards SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4 Project Description: The MSS rezoning and land use entitlement amendments project being presented to the City Council for action consists of the following specific activities or actions: 1) Consolidation of all MSS operations parcels under an updated PD zoning district and deletion of a separate 2.78 acre parcel from the PD plan and site operations. 2) Document that all of the unpermitted activities that were placed in the open space area have been removed and will not be re-established; such as wood storage/seasoning, dirt stockpiling, container storage, and potential removal of concrete paving and grading of pad areas on fire roads and/or ridgetop. 3) Permit the expansion of private and public storage container uses from 240 permitted containers to 682 containers (with removal of 115 additional unpermitted containers), subject to modification on placement and payment of traffic mitigation fees; and 4) Acknowledge and plan for future innovations in the industry that are anticipated to be established on the site in order to facilitate the waste reduction efforts of MSS, in compliance with regulatory requirements; including the waste to energy conversion facility equipment described and evaluated in the MND and project descriptions. ANALYSIS: As noted in the detailed analysis provided on pages 7 through 12 in the June 23, 2015 report to the Planning Commission, the project would result in the following appropriate updates to the MSS Master Plan: Zoning Amendment The amendment would encompass all of the MSS parcels in a single zoning designation, with the work areas identified on the master plan for the 50+ acre open space hillside portion of the site (Area E), outdoor work areas for MSS operations and interim public container storage uses (Area B through D), and MSS operations buildings (Area A). Having the property under the same zoning standards is considered to be a superior solution for the ongoing use of the property. The PD rezoning includes standards that are consistent with the underlying General Plan 2020 Industrial land use designation. This includes incorporation of Site and Use Regulations, Floor Area Ratio (FAR), Height, Setback, Outdoor Storage, Parking and Animal Keeping provisions of the zoning code. The PD rezoning provides a degree of flexibility from typical zoning standards, to accommodate the unique needs of the MSS site, which contains a large open space buffer area and interim land uses. In essence, the rezoning reflects current conditions and would involve no intensification in existing land uses on the site. The draft Ordinance is provided as Exhibit 3. In addition, the GGBHTD property, which is physically separate from MSS, is no longer needed for container overflow and the lease of this property would cease once SMART rail line improvements are initiated in the area. It is logical to rezone this property P/QP consistent with its anticipated public/quasi-public use as state right-of- way, and with the underlying General Plan 2020 land use designation. Existing outdoor storage uses on the property may continue as existing interim uses. The draft resolution of approval for entitlements is provided as Exhibit 4. Use Permit The Master Use Permit would reflect an increase in interim use of the outdoor storage yards B and D for public storage container use, which has expanded from 240 containers approved in 1992 up to 685 public storage containers proposed to remain. The applicant would be required to pay traffic mitigation fees for the additional container storage to remain on the site. Design Review The Design Review permit would be updated to approve landscaping for the hillside storage and gabion wall built adjacent to outdoor work Areas C and D, for installation of open space barrier markers and fencing, and for relocation and placement of container storage in outdoor yard areas. Future buildings and improvements would be subject to subsequent design review, consistent with the terms of the current and amended PD and with the San Rafael Municipal Code Chapter 14.25 (Design Review). SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5 Lot Consolidation The lot consolidation together with the revised PD would also bring the property into greater conformity with the City adopted FAR provisions, and allow for water and utilities to be extended to the rear properties for building and fire safety. This consolidation is necessary to allow further development and use on the back parcels which are currently not served by a public street, and would become permanently landlocked following completion of a right-of-way vacation, if consolidation does not occur. ENVIRONMENTAL REVIEW: An Initial Study/Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring and Reporting Program (MMRP) were prepared for the project pursuant to the California Environmental Quality Act (CEQA). On May 18, 2015, a Notice of Intent to adopt a Mitigated Negative Declaration was mailed and distributed to the City Council, Planning Commission, State and Local Agencies and Interest Groups, and residents within 300 feet of the site, and a public copy of the document was posted and made available for review at the County Recorder's office and City for a required 30 -day public review period. Copies of the MND were also provided to responsible and trustee state agencies, local agencies, the Planning Commission and City Council for review during the public review period. A copy of the May 18 transmittal memorandum, summarizing the MND, is provided as Exhibit 7. The Planning Commission reviewed and recommended adoption of the MND and MMRP to address identified potential impacts on Air Quality, Biological Resources, Cultural Resources, Hazards and Traffic. More detailed discussion of the environmental impacts can be found on pages 12 through 14 of the June 23, 2015 PC staff report. No significant environmental impacts would occur as a result of implementation of this update and amendment to the MSS facility Master Plan. A draft resolution to adopt the MND and MMRP is provided as Exhibit 2. PUBLIC NOTICING: Notice of the project has been provided by posting, mail, distribution and publication in the newspaper in accordance with the noticing requirements contained in Chapter 14.29 of the City of San Rafael Municipal code and in accordance with the CEQA Guidelines for the City Council meeting and for the prior June 23, 2015 Planning Commission hearing. One comment was received on the MND, as noted above. A copy of the public hearing notice for the City Council meeting is attached as Exhibit 8. FISCAL IMPACT: Funds in the amount of an initial $2,000 deposit would be obtained from the applicant to fund monitoring of project conditions for an initial period of time. There is no ongoing fiscal impact associated with the grant of rezoning and entitlements for the project. OPTIONS: The City Council has the following options to consider on this matter: 1. Adopt resolutions to adopt the Mitigated Negative Declaration, approve the Zoning Entitlements (Use Permit, Design Review and Lot Consolidation) and pass the PD and P/QP Ordinance to Print. 2. Adopt the resolutions and pass the ordinance to print with modifications. 3. Direct staff to return with more information. 4. Refer the resolutions and/or ordinance to the Planning Commission for consideration of further revisions. RECOMMENDED ACTION: 1. Adopt a Mitigated Negative Declaration for the MSS Master Plan Amendment project 2. Pass PD Rezoning Ordinance to Print 3. Adopt a Resolution approving the MSS Master Plan Amendment project Master Use Permit, Design Review and Lot Consolidation entitlements SAN RAFAEL CITY COUNCIL AGENDA REPORT f Pam: 6 EXHIBITS: 1. Vicinity Map 2. Draft City Council Resolution to Adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program 3. Draft Ordinance to Rezone the MSS & GGHBT Properties from PD1580 and I to revised PD & P/QP, respectively 4. Draft City Council Resolution to amend the MSS Master Use Permit, Design Review and Lot Consolidation 5. PC Staff Report June 23, 2015, with attachments: a. PC Exhibit 2 — MND Adoption Resolution, revised June 23, 2015 b. PC Exhibit 3 — PD Rezoning Resolution, revised June 23, 2015 c. PC Exhibit 4 — Entitlements Resolution (Use Permit, Design Review & Lot Consolidation), revised June 23, 2015 d. PC Exhibit 6 — Current PD and Master Use Permit Conditions 6. Caltrans Comment and Responses 7. Mitigated Negative Declaration Transmittal Memorandum of May 18, 2015 8. City Council Public Hearing Notice 9. Public Comments (any comments received after publication of this report will be forwarded separately) 10. Initial Study/MND and Attachments; including Master Use Permit Application Materials & Project Description (provided separately on May 18, 2015) 11. Project Plans (provided separately) Report Page No. 7 8 31 39 64 79 82 87 113 139 151 155 Exhibits have been provided in electronic format, and can be accessed online at: 9, _tIl� / r u o alri s a 11 ��i/fin % �a : �, and G: ,,�� .:.C..!Ygfsanrafaeteor� /commdev- l a ou a U::a -i on: . Exhibit I City Council, July 20, 2015 Vicinity.Map MSS and GGBHT Sites I.. B 27 IR I -4.32 R Ilv� 83, -2 I R I B R 'I B3 'RI -B3 -B3 -B3 Rl, 1p PD PD PD I-'E�' 4:r Lt 17N, P PID D PD PL P D PID FID 4= %, PL? PD 4'L PD 77 PC) 1-uu ly'I r% ISO \1-lio LI/O 10 LY0 LUO LUO M- z Is FD WO 00 LYO LUO LOD LUO LIQ LIM :�PPLUO tl DID LUO I. YO 'L I -YO ufo LUO LUO Ifo LUO I" D-V�I US 0 US 0 LUO LUO LUO ISO la em PAP, Page 7 RESOLUTION NO. 13975 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVAL OF A MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) FOR THE MARIN SANITARY SERVICE MASTER PLAN AMENDMENT PROJECT, INCLUDING PLANNED DEVELOPMENT (PD) REZONING, DEVELOPMENT PLAN AND USE PERMIT AMENDMENTS LOCATED AT 1050 ANDERSEN DRIVE AND 535-565 JACOBY STREET APN'S: 018-180-72 THROUGH -76, AND 018-141-03 WHEREAS, Marin Sanitary Service (MSS) submitted zoning applications ZC09- 001, UP09-020, ED09-031 and S09-002 to amend its current Master Plan in order to address minor changes to its operational use areas, open space lands, and an unpermitted expansion of mini -storage uses on its properties totaling 82.15 acres and located within the PD 1580 and I zoning districts; and WHEREAS, the zoning applications include a concurrent request by MSS and the Golden Gate Bridge Highway & Transportation District (GGBHTD) to rezone 2.78 acres of lands owned by GGBHTD from PD 1580 to P/QP and separately permit (UP 14-006) the existing outdoor storage uses as interim uses on the property; and WHEREAS, the project includes right-of-way abandonment and right-of-way vacation requests for improved and unimproved portions of the 60' wide Jacoby Street right-of-way that extends through the site, which shall be subject to separate action by the City Council; and WHEREAS, the project involves minor text and map amendments to an existing Planned Development District (PD) and minor revisions to use and operations of the existing Marin Sanitary Service municipal waste management facility with negligible change in intensity of use; and WHEREAS, consistent with the requirements of the California Environmental Quality Act (CEQA), an Initial Study/Mitigated Negative Declaration analyzed potential environmental impacts of the project and identified potentially significant impacts on Biological Resources and Cultural Resources as a result of anticipated grading activities. The existing and potential project impacts would be mitigated to less -than -significant levels through implementation of existing conditions of approval that have already been incorporated into the project, and through recommended mitigation measures or compliance with recommended conditions of project approval; and WHEREAS, notices regarding the Notice of Intent to Adopt Mitigated Negative Declaration prepared for this project were published in a local newspaper of general circulation in the area and mailed to surrounding property owners and occupants within 300 feet, pertinent agencies (including responsible and trustee agencies), organizations 1 and special interest groups 30 days in advance of the hearing, pursuant to CEQA Guidelines Section 15072; and WHEREAS, copies of the Mitigated Negative Declaration and MMRP were made available for a 30 -day review period by pertinent agencies and interested members of the public, commencing on Tuesday, May 18, 2015; and WHEREAS, on June 23, 2015, the Planning Commission held a duly -noticed public hearing on the proposed project and the Mitigated Negative Declaration and MMRP, accepting all oral and written public testimony and the written report of the Department of Community Development, and on a 6-0 vote (member Lubamersky absent) adopted a resolution recommending adoption of the Mitigated Negative Declaration; and WHEREAS, on July 20, 2015, the City Council held a duly noticed public hearing on the proposed project and the Mitigated Negative Declaration, accepting all oral and written public testimony and the written report of the Department of Community Development; and WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based is the Community Development Department. NOW, THEREFORE, BE IT RESOLVED, that the City Council does hereby adopt a Mitigated Negative Declaration for the project finding that: • The City Council exercised its independent judgment in evaluating the Mitigated Negative Declaration, which has been considered in conjunction with comments received during the public review period and at the City Council hearing. Based on review of the whole record, including the initial study prepared for the project and comments received at the public hearing, the City Council has determined that the Mitigated Negative Declaration for the project is appropriate and consistent with the provisions of CEQA. Further, potentially significant impacts on Air Quality, Hazards, Traffic, Biological Resources and Cultural Resources could result from the project due to container storage uses proposed to remain, anticipated future improvements, and grading on an environmentally sensitive site. However, project impacts would be mitigated to less -than -significant levels through implementation of mitigation measures identified in the Mitigated Negative Declaration prepared for the project, as well as through compliance with conditions of project approval that have been identified and incorporated into the existing project operations. • Mitigation measures have been identified in a mitigation monitoring and reporting program prepared for the project attached hereto as Attachment A and incorporated herein by reference, which is adopted as a part of the Initial Study/Mitigated Negative Declaration prepared for the MSS project, and will Iq be required as conditions of the project approval to mitigate traffic impacts, potential air quality impacts, and against any potential, though unlikely, environmental consequences that could occur to known biological resources and cultural resources as a result of site grading or tree removal associated with anticipated site work required to upgrade the site fire suppression equipment or as a result of future potential structure improvements. • The proposed mitigation measures and conditions of approval are sufficient to mitigate identified impacts on Air Quality, Hazards, Traffic, Biological and Cultural Resources as documented in the Initial Study/Mitigated Negative Declaration and as further discussed in the Planning Commission Staff Report and in response to any comments received at and prior to the project public hearing. • Potentially significant environmental impacts were not identified for any other environmental impact categories and there is no substantial evidence that the project will have a significant effect on the environment. I, Esther C. Beirne, Clerk of the City of San Rafael, hereby certify that the forgoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council held Monday, the 20`h of July, 2015, by the following vote, to wit: AYES: Councilmembers: Bushey, Colin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Gamblin fZs f lL G . ( , e..... . Esther C. Beirne, City Clerk W u C > ,1 w W y p a u 00 3 u E� ao❑ o ° o 0 o D Zvi o > u en ao v ?3 C C •� y V] p'rj Cy O u C m C to 0J.2 a ° �UCu ci u Q 00 C 'C :o y .y to O O Or zz C3 ' a L1 c 0 y 67 i. + a O N C 2 e� � o n' U a c o � b0y C y U '^ U E O p • NA � t O O C C X/� bCA V C "•' O c�J cJ 0 ~O y cC9 C. E 00 7 7 G w G 'D v v�~i to 3 E n ' Q o °-°ten cn o o U " c c t ° c L > 3° o C C u v Vi u � CY p u u u C� u> " E .1, =° o U y t to cu w—cnC Q c in 'a CA o CO u O O O cJ •� 'D y pn C p :j _U b 'O C d ++. L N O y to - � "M �. 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H 42 M N ORDINANCE NO. 1933 AN ORDINANCE OF THE CITY OF SAN RAFAEL REZONING CERTAIN REAL PROPERTY FROM THE PLANNED DEVELOPMENT DISTRICT (PD 1580) AND THE INDUSTRIAL (I) DISTRICT TO A REVISED PD DISTRICT AND A P/QP DISTRICT (ZC09-001) AMENDING SAN RAFAEL MUNICIPAL CODE TITLE 14 — ZONING, SPECIFICALLY AMENDING THE TEXT AND MAP OF THE MARIN SANITARY SERVICE MASTER PLAN FOR PROPERTY LOCATED AT 1050 ANDERSEN DRIVE AND 535-565 JACOBY STREET APN'S: 018-180-72 THROUGH -76, AND 018-141-03 WHEREAS, Marin Sanitary Service (MSS) submitted zoning applications ZC09- 001, UP09-020, ED09-031 and S09-002 to amend its current Master Plan in order to address minor changes to its operational use areas, open space lands, and an unpermitted expansion of mini -storage uses on its properties at 1050 Andersen Drive and 535-565 Jacoby Street, totaling 82.15 acres and located within the PD 1580 and I zoning districts; and WHEREAS, the zoning applications include a concurrent request by MSS and the Golden Gate Bridge Highway & Transportation District (GGBHTD) to rezone 2.78 acres of lands owned by GGBHTD from PD 1580 to P/QP and separately to permit (UP 14-006) the existing outdoor storage uses as interim uses on the property; and WHEREAS, on June 23, 2015, the Planning Commission held a duly -noticed public hearing on the proposed amendments to the San Rafael Municipal Code, Title 14, accepting all public testimony and the written report of the Department of Community Development, and recommended to the City Council the approval of the amendments; and WHEREAS, by adoption of a separate resolution, the Planning Commission recommended adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (MMRP) prepared for the MSS Master Plan Amendment Project as the CEQA environmental document for the project; and WHEREAS, on July 20, 2015, the San Rafael City Council held a duly -noticed public hearing on the proposed Rezoning, as required by State law, accepting all oral and written public testimony and the written report of the Community Development Department staff reports relevant to the proposal; and WHEREAS, the City Council by separate resolution has adopted the Mitigated Negative Declaration and MMRP for the Marin Sanitary Service Master Plan Amendment Project; and WHEREAS, the Community Development Department of the City of San Rafael is the custodian of documents which constitute the record of proceedings upon which this decision is based. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: DIVISION 1. Findings. The City Council of the City of San Rafael hereby determines and finds that all of the facts and statements contained in the recitals herein and findings of the Planning Commission Resolution 15-06 recommending to the Council adoption of this ordinance, are true and correct. DIVISION 2. Approval. The City Council of the City of San Rafael hereby adopts the ordinance approving the Marin Sanitary Service Master Plan PD rezoning map and development standards from PD1580 to revised PD for the 82.15 acre property (APN'S: 018-180-72 through -76), and rezoning map of the 2.78 acre Golden Gate Bridge District Property (APN: 018-141-03) from PD1580 to P/QP, and property `Legal Descriptions' as presented in Attachments "A" through "C" attached hereto and incorporated herein by reference. DIVISION 3. Publication. A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which it is adopted. This Ordinance shall be in full force and effect thirty (30) days after its final passage, and the summary of this Ordinance shall be published within fifteen (15) days after the adoption, together with the names of those Councilmembers voting for or against same, in the Marin Independent Journal, a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California. IQ 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. ATTEST: fz sf�� L • �P� , ESTHER C. BEIRNE, City Clerk The foregoing Ordinance No. 1933 was read and introduced at a regular meeting of the City Council of the City of San Rafael on Monday, the 201h day of July, 2015, and was ordered passed to print by the following vote, to wit: AYES: Councilmembers: Bushey, Colin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Gamblin 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 3rd day of August, 2015. ESTHER C. BEIRNE, City Clerk I Attachment A Marin Sanitary Service (MSS) Planned Development (PD) Zoning District & Development Standards A. Planned Development District Area The land area included in the MSS PD zoning district shall include 82.15 acres of the MSS property depicted on the attached Land Use Map exhibit (attachment B) incorporated by reference, and legal MSS property description exhibit (in attachment C) incorporate by reference, encompassing approximately 82.15 acres. B. Purposes The primary purposes of this PD district are to implement the properties General Plan 2020 Industrial and Conservation land use designations as follows: 1) Establish permanent and interim uses and activities on the industrial designated Marin Sanitary Service waste management facility property that serves City of San Rafael and Marin County residents by providing municipal waste handling and recycling facilities, composed of a variety of waste management activities and uses including but not limited to solid waste and hazardous materials collection, processing, transfer, storage, treatment, disposal, composting, resource recovery and recycling operations, debris box and interim storage container and ancillary animal keeping activities; and 2) Continue to protect and preserve the existing prominent scenic hillside open space and San Quentin ridgeline area located on the open space/conservation designated portion of the Marin Sanitary Service property in a natural state. C. Master Use Permit Requirement To promote the purposes of this PD district, all uses on the property shall be conditionally permitted under a Master Use Permit, which shall identify the activities permitted within designated land use areas shown on the Zoning District and Land Use Map exhibit and described herein. D. Land Use Areas Industrial - Operational Areas: The operation areas (Areas A through D) may be used for municipal waste management. Uses shall be established by conditional use permit. Conservation - Open Space Areas: The open space (Area E) shall be restricted as private open space, and may only maintain an existing legal nonconforming 1,886 square foot private maintenance storage shed, a small bee keeping use, animal grazing for vegetation management, and maintenance of permitted paved and 4 unpaved fire access roads. Routine maintenance of trees and vegetation is also permitted for fire management purposes. Fencing, signage and boundary markers shall designate the open space area boundary and prevent encroachment with operational activities. E. General Development Standards Floor Area: Industrial use Areas A through D shall be subject to a 0.38 industrial floor area limitation for storage and industrial facility operations, including up to twenty-five percent (25%) administrative office space allowance. Mini -storage uses may be permitted to exceed the floor area limitation, consistent with the provisions of the Zoning Ordinance. The open space/conservation use Area E shall be subject to a 0.0 floor area allowance; except that one existing legal non -conforming 1,886 square maintenance/storage structure may be maintained in good repair and condition consistent with the nonconforming use and structure provisions of the Zoning Ordinance. Yards: The minimum required front yard setback from Andersen Drive shall be 10 feet. This setback shall be landscaped. Maximum Building Height: 36 feet Minimum Landscaping: 10% Development of the site with additional structures, uses or improvements shall be reviewed based on the San Rafael Zoning Ordinance requirements (i.e., Site and Use Regulations, Performance Standards, Signs, and Environmental and Design Review). Should any conflicts arise between the provisions of this PD district and the additional Zoning Ordinance development standards, the community development director shall which standard is appropriate. F. Parking Requirements: Parking for uses shall be established by the Master Use Permit, based on the San Rafael Zoning Ordinance Parking Tables. G. Amendments Revisions to these MSS PD Development District and Zoning Standards document may be considered consistent with the provisions established in the Zoning Ordinance [End of PD Document Text] W Attachment B PD and P/QP Zoning District and Land Use Map C, MARIN SANITARY SERVICE (MSS) PD REZONING AND GOLDEN GATE BRIDGE AND HIGHWAY TRANSPORTATION DISTRICT (GGBHTD) P/QP REZONING P -D PF.RMrTTL-,) USES 1:1D OPEN SPACE F/7 PD - INOn7RA. GGEHM PROPERTY P/0P JIGES AS, SPECIFIED BY A USE PEIRMF APPRUVED By THE PLANNNG COMMIUMN! R (9 RIET NCIRTH Exhibit C Legal Descriptions Oberkamper & Associates June 16, 2015 Civil Engineers, Inc. Job No. 10-121 Legal Description Lands of Golden Gate Bridge Highway and Transportation District AP -# 18-141-03 That certain parcel of land conveyed to the Golden Gate Bridge, Highway and Transportation District by deed recorded May 13, 1997 as 97-024884, Marin County Records, more particularly described as follows. I &'K*101 #1114 MM"M a a I Or ON 9 114 a WQ "HoU TUR I I TIMILIVUUMM IFIT&W61 est, 5 60 eet� thence North 08, 49'07" East, 69.32 feet; thence North 11 04'53" West, 69.20 feet; thence North 74� 58*07" East, 59.60 feet; thence North 11 J45'56" West, 9 1. tO feet; thence northerly along a curve concave to the West, having a radius of 1066.21 feet, through acentral angle of 18 3641" for adistance of 346.34 feet; thence North07 19'56" West, 71.26 feet to the point of beginning. lco:cs N LEGAL DESCRIPTION MARIN SANITARY SERVICE, APN 18-180.72, 73, 74, 75, 76 91mmmimm All that certain real property situate in the State of California, County of Marin, City of San Rafael, and is described as follows: WOMEN N. Fisher and recorded April 4, 1947 in Book 544 of Official Records at Page 374, Marin Cou right, tangent to the preceding course an arc distance of 475.13 feet having a radius of 869.. through a central angle of 311 ' 19'36; thence tangent to the curve South 401 21' 10" West 316, feet to a point on the Easterly right of way of Highway 101; thence along said right of way Sol 15' 02 37 West 1.66 feet; thence South 28 5 1' 40 East 67.25 feet to the corner of the prope conveyed to Marin Municipal Water District by deed recorded as 95-055234, Marin Con Records; thence along said MMWD ro ert line South 89 11' of 9 ef aili�aradius*'J:% Qill RESOLUTION NO. 13976 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED09-031), MASTER USE PERMIT (UP09-020), AND LOT CONSOLIDATION FOR AMENDMENT TO THE MARIN SANITARY SERVICE FACILITY MASTER PLAN LOCATED AT 1050 ANDERSEN DRIVE AND 535-565 JACOBY STREET APN' S : 018-180-72 THROUGH 76 WHEREAS, Marin Sanitary Service (MSS) submitted zoning applications ZC09-001, UP09-020, ED09-031 and S09-002 to amend its current Master Plan in order to address minor changes to its operational use areas, open space lands, and an unpermitted expansion of mini - storage uses on its properties totaling 82.15 acres and located within the PD1580 and I zoning districts; and WHEREAS, the existing outdoor storage uses on the 2.78 acre Golden Gate Bridge Highway & Transportation District (GGBHTD) lands may continue as interim uses until such time as these uses cease, which is anticipated to occur when SMART commences with the rail right-of- way improvements; and WHEREAS, on June 23, 2015, the San Rafael Planning Commission held a duly noticed public hearing on the proposed Use Permit, Environmental and Design Review Permit and Lot Consolidation requests (UP09-020, ED09-031 and S09-002), accepting all oral and written public testimony and the written report of the Community Development Department staff. WHEREAS, at its June 23, 2015 meeting the Planning Commission voted on a 5-1 vote (member Belletto opposed), to recommend that the City Council adopt findings as required pursuant to San Rafael Zoning Code and approve the requested Zoning Entitlements, subject to conditions; and WHEREAS, by adoption of a separate resolution, the San Rafael Planning Commission has recommended that the City Council amend the 82.15 acre Marin Sanitary Service site from PD1580 and I zoning district to revised PD district; and WHEREAS, by adoption of a separate resolution, the San Rafael Planning Commission has recommended that the City Council amend the zoning for the 2.78 acre Golden Gate Bridge Highway & Transportation District (GGBHTD) lands located at APN 016-141-03 from PD1580 to P/QP; and WHEREAS, by adoption of a separate resolution, the City Council has adopted a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (MMRP) prepared for the MSS Master Plan Amendment Project as the CEQA environmental document for the project; and WHEREAS, the City Council, by separate action, has passed an Ordinance approving the Marin Sanitary Service Master Plan Rezoning. NOW THEREFORE BE IT RESOLVED, the City Council makes the following findings: Use Permit Findings (UP09-020) A. The City Council has exercised its independent judgment and analysis, considered staff's recommendation and comments received during the public review period, and determined on the basis of the whole record before it that the Mitigated Negative Declaration for the project is appropriate and consistent with the provisions of CEQA in that: a. The project involves minor text and map amendments to an existing Planned Development District (PD) and minor revisions to use and operations of the existing Marin Sanitary Service municipal waste management facility with negligible change in intensity of use, and b. Removal of unpermitted improvements in open space and work areas of the site has occurred and preservation of existing hillside open space areas and vegetation in the open space Area E is required as a condition of use permit and lot consolidation approval, and c. Mitigation measures have been identified in a mitigation monitoring and reporting program prepared for the project, including future anticipated waste to energy conversion facility equipment, and will be required as conditions of the project approval to mitigate against any potential, though unlikely, environmental consequences that could occur to known biological resources and cultural resources as a result of site grading or tree removal associated with anticipated site work required to upgrade the site fire suppression equipment or similar and other impacts identified that may occur as a result of future potential equipment or improvements, and d. There is no substantial evidence that the project will have a significant effect on the environment. B. The use as proposed and conditioned is in accord with the General Plan, the objectives of the Zoning Ordinance, the specific purposes of Chapter's 14.07 (Planned Development District), 14.16 (Site and Use Regulations), 14.18 (Parking Standards), 14.22 (Use Permits) , 14.25 (Design Review), and 14.27 (Amendments) as follows: a. The existing and future anticipated waste management facility uses, interim storage uses, and private open space uses are consistent with the underlying General Plan 2020 Conservation and Industrial land use designations which support the continuation of these existing activities on the site. b. The proposed MSS Master Plan Amendment has been reviewed for consistency with the applicable zoning provisions which assure that the zoning ordinance general purposes contained in SRMC Section 14.01.030 are satisfied. c. The specific standards of the PD zoning have been satisfied based on the fact that the project has been rezoned to a revised PD by separate ordinance that includes development standards and zoning provisions that implement the underlying General Plan 2020 Conservation and Industrial land use designations. d. The specific purposes of the applicable zoning ordinance provisions have been satisfied based upon the evaluation of the project for consistency with all applicable standards referenced above, including public review of the project entitlements, and by confirmation in staff's report and through the public review process that the site and use regulations, parking standards, use permit and design review criteria and findings have been considered and adequately addressed. 0 C. The use as proposed and conditioned is consistent with the applicable zoning provisions given that the Master Use Permit would comply with the PD district development standards adopted for the site that implement the underlying General Plan 2020 land use designation. Furthermore, the standards adopted for the site are entirely in keeping with the 36 -foot maximum height limit, 0.38 maximum industrial floor area and 0.0 maximum open space floor area limitations, reasonable parking requirements, outdoor storage limitations, lot coverage and setback standards, landscaping and related development standards established by the Zoning Ordinance and General Plan 2020 for the site and adjacent developed industrial, commercial and open space areas. D. As conditioned, the project minimizes adverse environmental impacts and will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity given that the project has been reviewed by the appropriate agencies and conditioned accordingly. Environmental and Design Review Permit Findings (ED09-031) A. The master design approval is in accord with the General Plan 2020 and the objectives of the Zoning Ordinance as outlined in Use Permit 09-020 Finding B above. B. The master design approval is in accord with the purposes of Chapter 14.25 (Design Review) and consistent with all applicable site, architecture and landscaping design criteria and guidelines for the subject PD district in which the site is located as follows: a. The site development complies with the existing and amended PD district criteria and development plan established for concurrent zoning amendment ZC09-001, as further outlined in Use Permit 09-020 Finding C above. b. The project would require enhancement and upgrade of the existing facility through new parking and landscaping improvements and no new construction is currently proposed that would alter the character of the site. c. The design criteria in Chapter 14.25 would be satisfied based on the minimal change proposed and requirement that any further improvements shall be subject to subsequent design review and approval. d. The building and improvements are appropriate for the proposed industrial and open space uses and compatible with surrounding developed commercial and industrial uses in the vicinity. e. No significant work or alterations are proposed within the hillside, wooded open space of Area E. f. Site access and circulation improvements would result in safe and efficient vehicle and emergency vehicle circulation. g. Conditions of approval require ongoing site maintenance. h. Upgrade to existing sites is encouraged in the Canal Neighborhood. There are no specific Canal Neighborhood design criteria that apply to the site. C. As conditioned, and discussed in Use Permit UP09-020 Finding A, the project design improvements minimize adverse environmental impacts. N D. As conditioned, and consistent with the Use Permit UP09-020 Finding D, the project design will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity given that the project has been reviewed by the appropriate agencies and conditioned accordingly. Lot Consolidation Findings (S09-002) A. Pursuant to San Rafael Municipal Code Chapter 15.05, the consolidation of Parcels A through E into one parcel is appropriate and consistent with the City Subdivision Regulations, the State Subdivision Map Act, the property revised PD zoning, and building code requirements given that it is required to address areas of noncompliance with zoning standards, to allow extension of utilities to parcels that are currently land -locked and to assure ongoing maintenance of the property and preservation of the open space portion of the site by the current single property ownership. B. As proposed and conditioned, the lot consolidation would not have any adverse environmental impacts or affects to the health, safety or welfare of the general public or surrounding properties, as discussed in Use Permit 09-020 Finding A and D above. BE IT FURTHER RESOLVED, that the City Council of the City of San Rafael hereby approves the Master Use Permit, Environmental and Design Review Permit and Lot Consolidation applications, subject to the following conditions: Use Permit Conditions (UP09-020) Community Development Department, Planning Division General Conditions 1. This Master Use Permit approval is granted for the continued operation of a waste management facility use on the subject property at 1050 Andersen Drive and 535-565 Jacoby Street, primarily established to provide municipal waste recovery, recycling, reduction, transfer and disposal of municipal waste material, and related services to San Rafael and surrounding communities within Marin County, as specified herein. This approval includes the future inclusion of new activities and technologies such as composting, waste to energy conversion equipment, etc., that are determined by the Community Development Director and local waste facility permitting agency to be consistent with the primary facility purpose to collect, process, manage and reduce municipal waste sent to sanitary landfills. 2. This Master Use Permit approval (UP09-020) shall supersede all prior use permit approvals granted for the approximately 82.15 acre Marin Sanitary Service (MSS) site, and shall apply to all existing and future uses on the property. Any future changes in uses of the site shall be subject to prior review and approval by the Planning Division for compliance with this use permit, the Master Development Plan, and to determine whether any amendment of the Master Use Permit shall be required. 3. The existing outdoor storage uses on the 2.78 acre parcel owned by the Golden Gate Bridge District, APN 018-141-03, may continue as an interim use until such time as SMART begins right-of-way work in the area and precludes crossing of the rail lines (or at such time as notice to vacate is given by the Bridge District). m 4. The applicant shall obtain all required permits(s) from local and state agencies as required prior to construction of any additional facility improvements and for ongoing operations of the waste management facility; including but not necessarily limited to, the Marin County Environmental Health, State Waste Resources Control Board, Ca Integrated Waste Management Board, Regional Water Quality Control Board and Bay Area Air Quality Management District. 5. Copies of permits required from the CA Integrated Waste Management shall be provided to City upon request, prior to issuance of permits for construction of facility improvements. 6. All uses of the site shall be consistent with the Planned Development zoning approval ZC09- 001, establishing the Master Plan and Zoning Standards for the subject site. 7. The owner shall obtain separate permits for construction and/or establishment of waste management facility uses and site improvements allowed consistent with this master use permit approval. This includes, but is not limited to, any required building permits, grading permits, encroachment permits and / or utility connections. 8. New structures and/or site improvements shall be subject to subsequent design review and approval as required by the Master Development Plan and/or zoning district standards or determined by the Community Development Director. This includes but is not limited to any new grading, new permanent structures for outdoor storage areas, caretaker unit, animal shelters, significant landscape modifications or new parking or lighting improvements. Permitted Land Uses 9. Marin Sanitary Service (MSS) Waste Management Facility operations shall be permitted within the designated "work areas", Areas A through D as shown on the Master Use Permit Land Use Map (development plan). These work areas are generally located at the base of the property hillside slope, outside of and below the open space Area E, in previously filled and graded site areas. The work areas contain all structures, outdoor yard and materials processing areas, ancillary sales and storage of resource and recovery materials, and interim storage uses permitted as a part of the MSS facility operations. Area E is a steeply upsloping and wooded portion of the site extending up to San Quentin Ridge and San Rafael corporate boundary to the south that shall be preserved and maintained as private open space. General uses and activities permitted in the work and open space areas are as follows: • Area A — Approximately 12.2 acres of MSS property area located at 1050 Andersen Drive, between Andersen Drive and Jacoby Street, containing the majority of the MSS waste management facility buildings (i.e., recycling center, transfer stations, resource recovery, household hazardous waste, metals and wood materials recovery, administrative offices, 72 covered truck parking and loading docks, etc.). The area contains approximately 237,716 square feet in building area and 54,307 square feet of covered parking structures. An educational classroom facility associated with the MSS use has historically been located on the upper floor of the recycling building. • Area B — Approximately 5.12 acres south of Jacoby Street at the site entrance of Jacoby Street, permitting the following: a) 395 portable container units proposed for public self-storage/contractor storage, as an interim use of the site area which shall be reserved for future operational 5 activities and uses. Changes in number of containers shall be subject to prior review and approval by the City to confirm compliance with these conditions of approval. b) Existing small animal husbandry pen and shelters housing approximately 50 `barnyard' animals (e.g., swine, goats, horses used for stripping yard waste) as interim use of the site area. c) Future MSS facility operations, including but not limited to inert processing, storage, recycling and ancillary sales of materials. • Area C — Approximately 5.92 acres just east of Area A and Area B, used for inert processing operations including concrete recycling recovery and bulk storage of soil products (including interim retail soils sales use by A&S Landscape Materials), fire wood storage above a gabion wall, and ancillary sales of materials associated with and in support of recovery operations. No existing structures currently. Area D — Approximately 8.03 acres at the west end of the site, permitting the following: a) Inert processing operations including bulk storage and soil recycling. b) 54 portable container units for MSS operations. c) 233 portable container units for public self-storage/contractor storage, as an interim use of the site area which shall be reserved for future operational activities and uses. d) Changes in number of containers on-site shall be subject to prior review and approval by the City to confirm compliance with these conditions of approval. e) 10,200 square foot Resource Recovery and Storage building. Ancillary sales of materials associated with and in support of recovery operations is also a part of operations. f) Future MSS facility operational activities and uses • Area E — Approximately 50.87 acres shall be preserved as private hillside open space, south of the operational "work" areas A through D. This Area contains paved fire roads, limited grazing, bee and animal keeping, and a 1,886 square foot existing storage shed located just above the 100 -foot contour elevation near the common border of Area C and D. The following specific conditions apply to the open space Area E: a) The open space boundary for Area E shall be permanently established to protect and secure the area as private open space, as shown on the approved development plan map that addresses existing encroachments, removal of unpermitted uses and activities, and installation of gates and markers to clearly demarcate the open space boundary. b) The restriction on use of Area E as private open space shall be included in the revised property deed description. c) The approximately 265,000 square feet of concrete paving placed on the fire roads and creating excess paved areas throughout the private open space Area E may be permitted to remain, provided that they shall not be expanded nor used for storage of any materials or containers in a permanent or temporary based manor. d) Removal of concrete paving may be allowed subject to obtaining any required grading permits from the City. e) The paved roadways permitted to remain in the open space area shall be maintained in good repair and condition. This shall include patching cracks, potholes and maintaining drainage controls. A grading permit shall be obtained for removal, rl significant repair or replacement of paved roadway material and/or drainage systems. f) Limited structures for existing permitted animal keeping operations may be maintained, and may be replaced subject to prior review and approval by the Planning Division. Implementation of Use & Ongoing 10. All five (5) MSS facility Parcels A through E shall be merged as one legal lot of record, pursuant to concurrent Lot Consolidation Approval S09-002. The lot consolidation deed shall describe the Open Space Area E boundary and limitations on use and access for this area, which shall be maintained as private open space with limited uses and improvements as described in use permit condition 8 above. 11. If the improved portion of Jacoby Street right-of-way (located at the westerly end of the site and within the current access gates) is abandoned and title is transferred to the applicant, this area shall be covered by the master use permit and generally be identified as a part of Area B. 12. The following parking requirements shall apply: a) On-site parking for the use shall be increased from the pre-existing 198 spaces to 228 spaces, as indicated on approved project plans. b) Additional parking for new or expanded buildings shall be required as determined by the Community Development Director based on review of the subject PD zoning standards and Municipal Code regulations. c) Off-street parking spaces for employees and visitors shall be maintained clear of materials and/or storage and available for parking at all times. d) The applicant shall install at least three (3) spaces for alternative fuel vehicles. Further, pre -wiring for electric vehicle charging stations shall be considered. e) New or additional bicycle parking spaces shall be provided at 1050 Andersen Drive (Area A) to bring the bicycle parking up to code for the parking lot expansion. This shall require at least two (2) short-term parking spaces. 13. The following limitations on hours of operations shall apply to the MSS facility use: a) On weekdays, MSS waste management facility shall be permitted to operate from 6:00 AM and close to the public no later than 4:00 PM Monday through Friday, with the following restrictions: i. Signage shall be posted and maintained on the site access gates that states "Gates Close at 4:00 PM". ii. No additional vehicles shall be permitted to enter the facility for waste management services after 4:00 PM. iii. No further vehicle queuing shall be allowed if vehicles cannot be served by the 4:00 PM closing time. b) On Saturday and Sunday the facility operations shall be permitted during normal daytime hours of 6:00 AM to 9:00 PM, and compliance with the City Noise Ordinance. V1 c) Use of educational classroom facilities (currently established on the upper floor of the existing recycling facility building on Area A) may be re -opened after 6:30 PM Monday through Friday. 14. The following additional operational restrictions shall apply to the MSS facility use: a) On-site disposal or storage of waste material collected by MSS and intended for transfer to a landfill is not permitted. b) Open burning of waste material is not proposed, nor permitted. c) This use permit approval does not include approval for any off-site work areas. d) Perimeter fencing with privacy slat screening shall also be maintained between the site work areas and adjacent developed properties to the north, east and west, as necessary to screen site activities from public view. e) Materials, vehicles and containers stored within the approved work areas shall, in general, be kept no higher than twenty feet (20') above the ground surface. f) Appliances and other metal parts to be crushed shall have all liquids removed only in accordance with nationally accepted practices and federal, state and local laws and ordinances. All such liquids shall be collected in containers and prevented from entering sewers and storm drains, and disposed of off-site in accordance with state and federal standards for the materials. g) Stored (unused) debris containers shall be drained, covered and maintained to prevent retention of rainwater. h) Minor expansions and/or alterations of buildings and uses may be allowed to accommodate future waste management needs of the communities served by MSS and which are determined by the Community Development Director to be minor and consistent with the master use permit approval and development plan. i) Design review approval shall be required for new structures or improvements, as required by the Municipal Code, and/or as determined by the Community Development Director. j) One (1) caretaker unit may be provided on-site, subject to review and approval of the size and location by the Planning Department and issuance of a building permit. 15. The following noise, odor and hazardous materials controls shall apply to the use: a) The site activities shall not result in or generate noise levels that would exceed 70 dBA (Ldn) measured at the property exterior boundary lines. b) All machinery within buildings and vehicles within yard areas shall be properly maintained and muffled. c) MSS shall manage and control potential odors associated with its waste recovery, transfer and handling to assure that undue odors from waste management operations are not detectable off-site. Additional measures shall be required if the site generates future odor issues as a result of facility operations. d) Measures to control dust and debris shall be implemented at all times. Public contact with reclaimed water utilized for dust control purposes shall not be allowed. e) On-site composting activities shall be governed by state regulatory authorities including Regional Water Quality, Regional Air Quality, and subject to best management practices. f) All required local or state toxic waste permits from the Bay Area Air Quality Management District shall be maintained as required for the site. A "risk screen" which analyzes potential toxic emissions for the household hazardous waste collection center shall be prepared/maintained/updated, as required. g) Mitigations affecting the generation of odors associated with the facility operations, including within the on-site transfer station and materials recovery building, shall be consistent with mitigations identified in the Report of Station Information (solid waste permit) (submitted for prior UP96-8). h) Mitigations affecting the generation of noise associated with the facility operations, including within the on-site transfer station and materials recovery building, shall be consistent with mitigations identified in the Report of Station Information (solid waste permit) (submitted for prior UP96-8). Specifically, employees located within these facilities shall be provided ear plugs. i) Mitigations affecting the load checking program for illegal hazardous waste disposal within the on-site transfer station and materials recovery building, shall be consistent with mitigations identified in the Report of Station Information (solid waste permit) (submitted for prior UP96-8). j) Construction and daily operations of the facility shall be in accordance with the `Proposal to Establish a Household Hazardous Waste Collection Center and Operate a Mobile Satellite Facility', prepared for the County of Marin (per prior UP96-8). k) The following measures have been required to incorporated into the permit and shall be enforced for the duration of the use and future modifications: (1) The hazardous materials collection area shall be covered with a metal roof with bins provided for materials; (2) Each hazardous material shall be stored in separate containers; (3) An employee training plan shall be prepared and implemented; (4) A separate drainage plan for the facility shall be prepared; (5) Appropriate fire extinguishing equipment shall be located on-site; (6) Customers shall remain in vehicles during the removal of the household hazardous waste materials. 1) Recycling of motor vehicle oil, car batteries, latex paints shall be consistent with the Hazardous Materials Management Plan established for the operations of this facility. (per prior UP96-8) 16. The interim public and contractor storage container use shall be subject to the following conditions: a) Approval is granted to retain 628 containers for rent to the general public and/or contractors for personal storage use as an interim use of outdoor yard areas, subject to the payment of traffic mitigation fees for increased trips above the baseline level established by DPW (e.g., 240 existing storage containers as approved in 1992). b) An increase in the number of containers to remain on-site for public storage use may be requested, subject to review and approval by the City to confirm compliance with I standards and conditions of approval, which shall not exceed 705 total public and private storage containers. c) All containers including any additional storage containers proposed for use by MSS shall be subject to prior review and approval of placement by the City Community Development Department, Fire Department and Public Works Department. d) Public storage container use within Area B shall maintain a six-foot (6') high chain- link fence enclosure with privacy slat inserts around the use. e) Administrative design review shall be required for modification of container placement. 17. The ancillary animal husbandry area of the project shall be consistent with the following conditions. a) Pens shall be cleaned at least once a day to remove animal waste in solid bedding. b) Fresh straw/woodchips and/or sawdust "bedding" shall be applied to the area on a weekly or bi-weekly basis. c) The "bedding" and other solid waste material shall be deposited in a closed dumpster prior to disposal off-site to prevent flies and pests. d) Dumpsters shall be cleaned routinely to prevent fly breeding. e) The area shall be swept free of all debris, fecal material and food wastes before washing this area down. f) Food shall be adequately stored in an area that is kept clean and is sealed to prevent attraction of rodents. g) All activities within the animal husbandry area shall comply with the requirements or recommendations of the Marin Humane Society. 18. Site and building improvements, as well as all new required parking, landscaping, drainage, and associated proposed and required site improvements shall be installed and maintained in compliance with the requirements of concurrent approval ED09-031. This shall include, but not be limited to the following, as indicated on approved project plans and/or required herein: a) Install new drainage improvements, stormwater bio-swales and landscape improvements. b) Provide improved fire protection for the site (e.g., new 8" fire lines with three new fire hydrants in Area D, new fire hydrants in Area C, one new hydrant in Area B, or as otherwise approved by the Fire Department at time of issuance of required construction/grading permits). c) Install separation fencing, gates and/or posts to demarcate the open space boundary Area E from work areas, Area B through D. d) Provide signage on access gates into open space Area E identifying that the area is Restricted Private Open Space. e) Obtain a building permit and final inspections for the gabion wall constructed in Area C. f) Install landscape screening as indicated on approved plans. 10 g) Install/maintain lighting for the site as required by project design approvals, ED09-031. 19. Prior to approval of installation of future bio -mass and/or anaerobic digestion equipment on the site, the applicant shall prepare and implement a Fire Safety Plan that outlines fire hazards, describes facility operations procedures to prevent ignition of fires, requires regular inspection of fire suppression systems, and provides worker training in safety procedures as well as protocols for responding to fire incidents. The Fire Safety Plan shall be reviewed and approved by the local fire enforcement agency. (Implement Mitigation Measure HAZ-1). 20. Project environmental mitigation measures shall be implemented and traffic mitigation fees for the container storage uses shall be paid as identified in the design review conditions ED09- 031. 21. This amended Master Use Permit approval for MSS shall be valid for the duration of the use. However, within sixty (60) das from date of approval the applicant shall pursue all requirements necessary to address existing areas of noncompliance. All work shall then be pursued diligently to completion, in compliance with the approved phasing plan as outlined in ED09-031 conditions of approval. 22. This Master Use Permit UP09-020 shall run concurrently with Master Design Review permit ED09-031 and Lot consolidation S09-002 approvals. Environmental and Design Review Permit Conditions (ED09-031) General Conditions of Approval Community Development Department, Planning Division The applicant shall submit a $2,000.00 deposit to the Community Development Department, Planning Division for condition compliance and mitigation monitoring. This deposit shall be used to cover the full cost of staff time required to ensure established deadlines are satisfied, required permits are obtained, required improvements are installed, and environmental mitigation measures are implemented as required herein. This shall include annual monitoring required for the first four (4) years following project approval to confirm ongoing compliance with the MSS Master Plan is maintained. The applicant shall submit a monitoring report to the Community Development Department, Planning Division, by January 1 of each year beginning January 1, 2016, through January 1, 2020. The monitoring shall address Areas A through E to confirm all activities and improvements are being maintained and/or used in compliance with project approvals. This shall include the following components: a. Container storage areas on Area B and Area D quantity and placement remains compliant with approvals. b. Open Space Areas are being maintained free of storage of any equipment or materials, permitted roadways are in good repair and condition. c. Barrier markers, fencing and landscaping are in place and in good condition. d. Staff will conduct site visits as needed to confirm the monitoring report. 11 e. Formal monitoring shall be continued after the initial four year period if deemed necessary by the Community Development Director. The schedule may be adjusted to bi-annual, and may be discontinued if good faith compliance has been demonstrated. 2. This Environmental and Design Review Permit approval (ED09-031) shall supersede all prior design permit approvals granted for Marin Sanitary Service (MSS) site. Any alterations or additions shall be subject to prior review and approval by the Planning Division for compliance with this approval and the Master Development Plan. 3. New structures and significant site improvements shall be subject to prior design review and approval by the City Planning Division. Changes to building colors, materials, details and fences, landscaping, lighting and parking lot improvements shall be subject to review by the Planning Division to assure compliance is maintained with the project approvals and City design criteria. 4. No signage is included as a part of this approval. Signage shall be subject to separate review and approval of a sign review permit. 5. All landscaping shall be maintained in a healthy and thriving condition, free of weeds and debris. Dead, dying or diseased plant materials shall be replaced with an equivalent size, type of planting at time of replacement. 6. Building, fencing and site improvements shall be maintained in good repair and condition at all times. 7. The conditions of ED09-031 shall be included in project plan sheets. 8. This Master Design Review Permit Approval (ED09-031) for the MSS facility shall be valid for the duration of the use. However, within sixty 60 days from approval of this MSS Master Plan Amendment project, the applicant shall pursue work to implement the project and address areas of non-compliance, and pursue work diligently to completion within 6 months but not more than 1 year from issuance of permits; including but not limited to construction of walls, parking improvements, container storage, bioswales, drainage, landscaping work and fire access and suppression improvements, and roadway abandonment, in accordance with the following phasing schedule: The following work shall commence within 60 days of approval a. Payment of $2,000 deposit for condition and mitigation monitoring. b. Installation of pipe markers, gates and signs defining the boundary of Area E Open space c. Construction of the approved storm drain diverting water from Jacoby Street system. d. Submittal of plans for permits for gabion wall review and approval. Pursue work and inspections within 6 months of permit issuance. e. Recordation of property consolidation documents. The following work shall be initiated within 90 days of approval f. Submittal of plans for permits for installation of new fire lines on areas A, B, C & D, relocation of water meters and lines on Jacoby Street, and installation of fire sprinklers for Quonset Hut building (on Area D). Pursue work diligently within 6 months of permit issuance and not more than 1 year to completion. 12 g. Submittal of plans for permits to complete Jacoby Street hammerhead turn around and Jacoby Street driveway to Area B. Pursue work diligently to completion within 6 months of permit issuance and not more than 1 year to completion. h. Initiation of removal and relocation of storage containers on Areas B & D, and pay traffic mitigation fees. i. Submittal of civil and landscape plans to City and MMWD for review and approval, and initiate installation of landscaping above the gabion wall. Pursue work to completion within 6 months of approval of final plans. j. Obtain permits to pursue concrete demolition work in open space lands. k. Submittal of plans for parking lot and landscaping improvements. Pursue work diligently to completion within 6 months and not more than 1 year from approval of permits for construction. The following work shall be completed within 6 months from approval 1. Recordation of documents for vacation of Jacoby Street and creation of easements. Prior to Issuance of Grading and Building Permits/Commencement of Operations Community Development Department, Building Division 9. Commencement of work and payment of fees shall be in accordance with the phasing schedule described in condition 8 above. 10. Building permits shall be obtained for placement of new containers, structures, parking improvements and for the gabion wall and retaining walls constructed on the property. 11. Designs of the existing walls built without prior permits are subject to engineering peer review. 12. Payment of required traffic mitigation fees in the current amount of $4,246.00 per net new vehicle trip (above 1992 baseline conditions, to address increased trips from new public storage container uses to remain, as determined by the Department of Public Works) shall be required. The current fee payment is required for 154 net new trips, or $653,884.00; based on the 1992 baseline less reduction for historic trips and containers to be removed. Fee payment shall be made either within 60 days of approval or prior to issuance of permits required for implementation of the project, or pursuant to a payment schedule as otherwise established by the Department of Public Works. (Implement Mitigation Measure TR -1). 13. A geotechnical investigation (soils report) shall be submitted for review by the City Building Division (and Public Works, if deemed necessary) prior to issuance of site grading and building permits. 14. Site grading activities and operations shall be subject to a statewide NPDES permit, erosion control plan and stormwater pollution prevention program requirements. 15. All mechanical equipment (i.e., air conditioning units, meters and transformers) and appurtenances not entirely enclosed within the structure (on side of building or roof) shall be screened from public view. The method used to accomplish the screening shall be indicated on the building plans and approved by the Planning Division prior to issuance of a building permit. 191 16. Prior to issuance of a building permit, the applicant is to comply with conditions of the Marin Municipal Water District for the landscaping improvements. 17. A building permit shall be obtained for permitted and approved site improvements, including the existing "bulkhead" and "gabion" retaining walls on Area C which have a combined height of approximately 41' above finished grade, for parking and landscape modifications and for the approved interim container storage uses. 18. Grading, encroachment and other permits shall be obtained as required by the City for new utility improvements, firelines, as well as any grading required for parking, landscaping, driveway or site access modifications. 19. The owner shall comply with the requirements of the City and utility service providers for abandonment and vacation of a portion of improved and unimproved Jacoby Street right of way that extends past an existing access gate into the site. 20. The revised MSS facility project improvements require a pipeline extension agreement with Marin Municipal Water District (MMWD) for installation of infrastructure facilities and water service connection to new fire hydrants, and new water hookups and utility easements associated with abandonment of a portion of the improved Jacoby Street right of way. 21. The project landscaping plan shall be submitted to MMWD to assure compliance with the Water -Efficient Landscape Ordinance, adopted by the City of San Rafael by reference in its zoning regulations Chapter 14.16. 22. Plans submitted for building permit shall show site and parking modifications necessary to be compliant with ADA requirements; including provision of accessible container storage units in Area B and Area D. 23. Building techniques, materials, elevations, landscaping, site improvements and appearance of this project as presented for approval by the Planning Commission on updated plans date stamped approved July 20, 2015 and as conditioned herein, shall be the same as required for the issuance of permits required for construction and improvements proposed or required herein. Any future additions, expansions, remodeling, etc., shall be subject to the review and approval of the Community Development Director. Public Works Department 24. A grading permit shall be obtained for proposed and required site work including but not limited to landscaping, parking lot improvements, pavement replacement or removal, installation of bio-swales, storm drainage improvements, utilities and fire lines. 25. The applicant shall submit documents and a $4,000.00 deposit to the Department of Public Works for processing of the vacation of Jacoby Street right-of-way that extends through the site. Provide a plat, description and closure calculations for the vacation of roadway on site, and a written justification which delineates a public benefit for vacation of this roadway. 26. Bio-swale and storm drain improvements shall be implemented as indicated on approved project plans date stamp approved July 20, 2015, in compliance with the timelines established in this updated and amended master plan approval (permitting revisions to MSS facility work areas and expansion of storage container uses on the site). 27. An engineered site plan showing all existing and proposed site conditions shall be submitted with the application for a building permit. 14 28. A level B soils report shall be submitted with an application for building permits for new construction. 29. Work in the public right of way shall be approved by the Department of Public Works. 30. Site grading shall conform with standard grading permit requirements relating to erosion and dust control including submission and approval of the following: (1) An engineered site plan which shows all existing and proposed site conditions; and (2) A siltation and erosion control plan which includes a proposal for replanting and maintenance of graded slopes. 31. All grading activities shall be subject to issuance of a grading permit by the Department of Public Works and will be subject to statewide general construction activity NPDES permit issued by the Ca Regional Water Quality Control Board prior to issuance of grading permits. A stormwater pollution prevention plan shall also be prepared and submitted. 32. A drainage plan shall be submitted and approved prior to issuance of construction or grading permits. 33. The stormwater runoff plan will be subject to a statewide general construction activity NPDES permit, issued by the CA Regional Water Quality Control Board. This permit will require elimination of all non-stormwater discharges; development of a stormwater pollution prevention plan for erosion, runoff and materials disposal; and development of an ongoing monitoring plan. The stormwater pollution plan shall incorporate the following information: (1) The areas utilized for composting activities shall be bermed or otherwise managed to prevent pollution to the stormwater system and entry into the San Francisco Bay; (2) The animal husbandry yard area shall be managed in accordance with the CA Code of Regulations, Title 23, Chapter 15, Article 6 (Confined Animal Facilities) (or current regulations) to prevent pollution of stormwater with animal waste; (3) The household hazardous waste facility shall be constructed so that there is no potential contamination of sewer or stormwater systems in the event of a hazardous materials spill. The area shall be self-contained with no drainage to the sanitary or storm sewers. Site mitigation for potential hazardous waste spills will need to include a spill contingency plan, proper chemical storage and employee training plan; (4) Vehicle maintenance or wash areas shall not drain to the storm sewers. Any such discharges shall be recycled or plumbed to go to the sanitary sewer. Potential drainage from wash waters or rain water that traverses the transfer station or resource recovery center shall also be contained and prevented from entering the stormwater system. This permit shall be obtained prior to site grading or construction permits. 34. Final plans shall show parking space and aisles that meet minimum size dimensions of the municipal code, which requires a 9' x 19' standard space dimension. Further, all spaces must be located on the MSS private property. 35. The applicant shall provide traffic mitigation fee for additional trips generated by the increased storage container and use of the site (above established 1992 baseline condition); i.e., current fee of $4,246.00 per trip for W to 234 trips (162 AM and 72 PM), minus credits that will be granted for containers that are required to be removed. Payment shall be calculated by the applicant and submitted to the Department of Public Works for review based on the final net new containers to remain. The payment shall be made at time of issuance of building or grading permit(s) for site work, but not less than six (6) months from date of zoning approval for the continued use; as required by the Department of Public Works. 15 36. Provide an accessible parking plan for storage containers, with compliant grades. Provide sections in the subject areas showing that containers are accessible. 37. Final plans shall be revised to remove any drive aisle obstructions. 38. Provide a minimum 26 -foot aisle width as necessary for back-up dimension from parking 90 - degree or angled spaces. All other aisle widths shall be as specified by Fire Department, and by Public Works or Community Development in accordance with Municipal Code Chapter 14.18. 39. Provide details for new driveway entrance to ministorage area which is shown as proposed across the drainage ditch and provide a driveway profile, for review and approval. 40. Final plans shall be provided clearly identifying container removal and final container placement. 41. Provide information on systems in place, or proposed or required to manage effluent from the animal husbandry area and the American Soil Product (and outdoor work areas) to control contaminants and prevent them from entering public storm drain systems and the San Francisco Bay. Plans that show the permanent filtration systems on the site are required. Additional filtration system(s) may be required for these areas as well as other areas of the site. 42. Include the standard City plan sheet "Pollution Prevention — It's Part of the Plan" in all construction documents. The applicant shall install all erosion control measures prior to any construction. 43. If existing access road paving is removed, revegetation shall be required with native seed or planting and shall be shown on final plans. A restoration detail shall be provided for any areas that are disturbed and that are proposed or required to be restored. Modify the legend and details for final plans as appropriate. Fire Department 44. Fire line and fire hydrant improvements shall be implemented for the project as indicated on approved project plans dated stamp approved July 20, 2015, in compliance with the timelines established in this updated and amended master plan approval (permitting revisions to MSS facility work areas and expansion of storage container uses on the site). Permits for installation of the new lines and hydrants shall be pursued within the first (1st) year from date of project approval, and installation completed within two (2) years from date of approval. 45. The design and construction of all site alterations shall comply with the 2013 California Fire Code, as adopted and amended by the City of San Rafael Municipal Code. 46. Plans for final parking lot and access designs, and placement of container storage shall be submitted to the Fire Department for review and approval to review and approve final fire apparatus access and water supply improvements required to serve the premises, as proposed. Fire lane and access improvements shall be initiated within sixty (60) d"s of project approval and completed within a timely manner, as directed by the Fire Marshall. 47. An automatic fire sprinkler system for the Quonset but approved under prior ED98-130 (identified as the Museum Building) was required as a condition of approval. The Fire Permit previously issued for installation of water tanks, fireline underground, fire hydrant and automatic sprinkler system that were approved and required but not installed for this building shall be addressed as a condition of this master plan amendment. Permits shall be pursued within sixty (60) days of project approval and all work pursued diligently to completion. a 48. Final plan revisions for construction shall address the MMWD requirement for installation of a water meter and backflow preventer at the property line. 49. Marin Sanitary Service shall maintain an adequate water supply and fire suppression system throughout the life of the Resource Recovery Facility. Police Department 50. All exterior lighting shall be to the satisfaction of the Police Department. 51. All lighting shall be on a master photo electric cell. Marin Municipal Water District 52. Lot consolidation is required in order to extend water service to the currently landlocked parcels. 53. As a result of the proposed abandonment and vacation of a portion of the Jacoby Street right- of-way by the City of San Rafael, the District intends to abandon all water facilities outside of the public right of way. Based on information provided the facilities to be abandoned include two currently public hydrants HY-06169 and HY-06857. A service will be required to be installed at the new terminus of the water main within the Jacoby Street right-of-way. All costs associated with the service installation and property quitclaim shall be borne by the applicant (MSS). 54. Compliance with all indoor and outdoor requirements of District Code Title 13 — Water Conservation, is a condition of water service. Indoor plumbing fixtures must meet specific efficiency requirements. 55. Landscape plans shall be submitted and reviewed by MMWD to confirm compliance prior to issuance of permits by the City of San Rafael. The Code requires a landscape plan, irrigation plan and grading plan. Contact the Water Conservation Department for more information at (415) 945-1497 and/or online at www.marinwater.org. 56. Should backflow protection be required, said protection shall be installed as a condition of water service. Contact the Backflow Prevention Coordinator for more information at (415) 945-1559. During Construction 57. Construction activities shall comply with City's Noise Ordinance. 58. If, during the course of construction, cultural, archaeological or paleontological resources are uncovered at the site (surface or subsurface resources) work shall be halted immediately within 50 meters (150 feet) of the find until it can be evaluated by a qualified professional archaeologist. The City of San Rafael Planning Division and a qualified archaeologist (i.e., an archaeologist registered with the Society of Professional Archaeologists) shall be immediately contacted by the responsible individual present on-site. When contacted, the project planner and the archaeologist shall immediately visit the site to determine the extent of the resources and to develop proper mitigation measures required for the discovery. 59. Parking supply for the use shall be provided as indicated on plans to increase on-site parking from 198 spaces to 228 spaces, as follows: Area A — 177 spaces (increase from 158 spaces) Area B — 21 spaces (increase from 15 spaces) Area C — 18 spaces (no change) 17 Area D — 12 spaces (increase from 7 spaces) Area E — No permanent parking spaces are proposed, required or permitted 60. New parking spaces shall comply with San Rafael Municipal Code Chapter 14.18 Parking Standards dimensions; i.e., meeting `compact' parking and standard dimensions (8' x 16' compact and 9' x 19' standard) and maintain minimum required 20' drive aisle width and 26' backup space dimensions. 61. Fencing and barriers shall be installed as indicated on approved plans. This includes provision of separation fencing, gates and posts to demarcate the open space Area E boundary. Storage areas on Area B shall also be maintained within a six foot (6') high chain-link fenced yard with privacy slat inserts. Perimeter fencing shall also be maintained between the site and adjacent properties in good repair and condition. Privacy slats shall be installed and maintained as needed to screen outdoor operational use areas from public view or adjacent parking lots. 62. Landscape and grading improvements shall be implemented as shown on approved landscape plans, specifically as proposed and required to screen storage above Area C and restore the natural vegetated appearance of the adjacent hillside setting. Revegetated areas adjacent to the hillside open space Area E shall consist primarily of native trees and shrubs, planted in a random pattern, drip -irrigated and staked, where necessary. 63. Engineered bioswales covered predominantly with native grasses shall be provided to meet Storm Water Pollution Prevention Program (SWPPP) requirements, as indicated on approved project plans. 64. New drainage improvements along the main access road at the terminus of Jacoby Street shall be installed as indicated on approved plans. 65. Erosion control practices shall be implemented as indicated on approved plans. 66. The project mitigation measures required for the amendment to the MSS facility, including expansion of the interim public storage uses, legalization of improvements in former open space areas, providing fire suppression and landscaping improvement enhancements, etc. shall be implemented in accordance with the project mitigation measures, as follows: a. Implement Mitigation AIR -1. During active construction, the applicant shall require construction contractors to implement all the BAAQMD's Basic Construction Mitigation Measures, listed below: i. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day, or more often if needed to control fugitive dust. ii. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. iii. All visible mud or dirt track -out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. iv. All vehicle speeds on unpaved roads shall be limited to 15 mph. v. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. vi. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. vii. All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. viii. Post a publicly visible sign with the applicant's telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District's phone number shall also be visible to ensure compliance with applicable regulations. b. Implement Mitigation Measure AIR -2. The applicant shall develop and comply with an Odor Impact Minimization Plan (OIMP) pursuant to the requirements of the California Code of Regulations, Title 14, Division 7, Chapter 3. 1, Article 3, Section 17863.4. Once complete, the OIMP shall be submitted to the LEA for a 30 -day period for review and comment. c. Implement Mitigation Measure BR -1. Any tree removal or trimming work shall take place between September 15` and October 315`, which falls outside the breeding bird window and avoids both the maternity and hibernation period for bats. Tree removal can take place during this period without a breeding bird or bat roost survey. This does not include removing fallen trees, which can be removed at any time. d. Implement Mitigation Measure BR -2. If brush clearing or ground disturbance is required within the Study Area, these activities shall be conducted outside of the breeding bird season which begins February 151 and lasts through August 31".The exception is for clearing weedy brush, such as French broom, that overhangs existing fire roads. Brush may be removed to the outer extent of the road at any time of the year without pre -construction surveys, if the road is regularly disturbed by active traffic. Removal of brush outside the outer edge of the road or on roads not regularly disturbed by active traffic should have pre -construction surveys. e. Implement Mitigation Measure BR -3. In the event that initial ground disturbance, vegetation removal or construction cannot be scheduled outside the breeding bird season (February through August), a wildlife biologist shall conduct a breeding bird survey at least fourteen (14) days prior to the onset of the activity to determine if nesting birds are present. In the event that nesting birds are identified to be present, further mitigation may be required as recommended by the biologist, including establishing buffers no less than fifty (50) feet from active nest until young birds have fledged the nest. Larger buffers may be required for nesting birds of prey or special status species. The consulting biologist will provide a specific buffer based on agency guidelines, which species has been identified as nesting within the area and the presence of natural visual and auditory buffers (such as large stands of trees or hillsides). E f. Implement Mitigation Measure BR -4. If ground disturbance or tree removal occur during the bat roosting season (November 1S1 through August 315), potential bat roosts shall be inspected for the presence of bats prior to the start of work. Potential bat roosts include cavities in trees, exfoliating bark, snags, and cracks in large rocks. If a maternity roost is detected, up to a two -hundred (200) foot buffer shall be placed around the maternity site, and once the roost is clear for removal, a replacement structure such as a `bat box' should be created within the vicinity, as recommended by the wildlife biologist. In the event that bats are detected using a non -maternity roost site, one possible mitigation measure would be the placement of exclusion devices to potential entrance and exit hole after dusk once the bats have left the roost to forage. g. Implement Mitigation Measure CR -1. To mitigate potential damage to any recorded cultural resource during grading, excavation or soil disturbance activities in the vicinity of any recorded cultural resource, including activities to remove concrete improvements to the existing fire road network, archaeological investigation should be undertaken to determine the exact boundary of the remaining deposit, the condition of the remaining deposit and the potential for significance of the archaeological site. A Native American monitor should also be present. The procedures to follow for archaeological and Native American monitoring of a cultural resource site are presented in Cultural Resources mitigation measures CR -2 and CR -3. h. Implement Mitigation Measure CR -2. To mitigate potential damage to any recorded cultural resource during grading, excavation or soil disturbance activities in the vicinity of any recorded cultural resource, archaeological monitoring shall occur, based on the following procedures: Monitoring will consist of directly watching the major excavation process. Monitoring will occur during the entire work day and will continue on a daily basis unit the depth of excavation has been reached at which the cultural resource no longer is present. This depth is estimated as usually five feet (5') below existing grade but may require modification as determined by the monitoring archaeologist and the observed soil conditions. ii. Spot checks will consist of partial monitoring the progress of excavation over the course of the project. Monitoring all spoils materials, open excavation, recently grubbed areas, and other soil disturbances will be inspected. The frequency and duration of spot checks will be based on the relative sensitivity of the exposed soils and active work areas. The monitoring archaeologist shall determine the relative sensitivity of the cultural resource site. iii. If prehistoric human interments (human burials) are encountered within the native soils of the cultural resource site, all work shall be halted in the immediate vicinity of the find. The County Coroner, project superintendent, and the project planner (or a representative of the Lead Agency, City of San Rafael Community Development Department, Planning Division) shall be contacted immediately. The procedures to be followed at this point are prescribed by law. iv. If significant cultural deposits other than human burials are encountered, the project shall be modified to allow the artifacts or features to be left in place, or the archaeological consultant shall undertake the recovery of the deposit or feature. Significant cultural deposits are defined as archaeological artifacts or Off features that associate with the prehistoric period, the historic era Mission and Pueblo Periods and the American era up to 1900. v. Whenever the monitoring archaeologist determines that potentially significant remains or human burials have been encountered, the piece of equipment that encounters the suspected deposit will be stopped, and the excavation inspected by the monitoring archaeologist. If the suspected remains prove to be non- significant or non -cultural in origin, work shall recommence immediately. If the suspected remains prove to be part of a significant deposit, all work shall be halted in that location until removal has been completed. If human remains are found, the County Coroner (or designated representative) shall be contacted to evaluate the discovered remains and implement proper contacts with pertinent Native American representatives through the Native American Heritage Commission (NAHC). vi. Equipment stoppages shall only involve those pieces of equipment that have actually encountered significant or potentially significant deposits, and should not be construed to mean a stoppage of all equipment on the site unless the cultural resource deposit covers the entire site. vii. During temporary equipment stoppages brought about to examine suspected remains, the monitoring archaeologist shall accomplish the necessary tasks in due speed. Implement Mitigation Measure CR -3. To mitigate potential damage to any recorded cultural resource during grading, excavation or soil disturbance activities in the vicinity of any recorded cultural resource, Native American monitoring shall occur whenever archaeological monitoring is required or whenever prehistoric Native American cultural deposits are encountered or discovered. As recommended by the Native American Heritage Commission (NAHC), the Native American monitoring consultant shall have the following knowledge and abilities: i. Knowledge of local historic and prehistoric Native American village sites, culture, religion, ceremony and burial practices. ii. Knowledge and understanding of California Health and Safety Code Section 7050.5 and California Public Resources Code Section 5097.9 et al. iii. Ability to effectively communicate the meaning of Health and Safety Code Section 7050.5 and Public Resources Code Section 5097.9 et al. to Marin Sanitary Services (MSS) representatives, including property owners, site managers, contractors and subcontractors, Native Americans, City of San Rafael Planning staff, and archaeological monitoring representatives. iv. Ability to work well with local law enforcement officials and the NAHC to ensure the return of all associated grave goods taken from a Native American grave during grading, excavation or soil disturbance activities. v. Ability to travel to known cultural resource sites within the traditional tribal territory. 21 vi. Knowledge and understanding of California Environmental Quality Act (CEQA) Guidelines, Section 15064.5 and Section 106 of the National Historic Preservation Act of 1966 (NHPA), as amended. vii. Ability to advocate for the preservation in place of Native American cultural features through knowledge and understanding of CEQA mitigation measures, as stated in CEQA Guidelines Section 15126.4(b)(A)(B), and through knowledge and understanding of Section 106 of the NHPA. viii. Ability to read topographic maps and be able to locate known cultural resource sites and reburial locations for future inclusion in the NAHC Sacred Lands Inventory. ix. Knowledge and understanding of archaeological practices, including the phases of archaeological investigation. The Native American monitoring consultant is required to: x. Ensure the presence of a Native American monitor during all earth disturbing activities in the vicinity of any recorded cultural resource or whenever prehistoric Native American cultural deposits are encountered or discovered. xi. Communicate orally and in writing with the archaeological monitoring consultant, City of San Rafael Planning staff, representatives for MSS representatives, including property owners, site managers, contractors and subcontractors, and any Native American organizations. The Native American monitoring consultant will be responsible for communicating any observations or recommendations to any Native American organizations, neighborhood groups, or individuals that have contacted the City of San Rafael to request listing. The contact list will be supplied to the Native American monitor. xii. Maintain a daily log of activities and file a report with the MSS representatives on each day that a Native American monitor is present. xiii. Prepare progress reports on any `findings' and summarize the observations and recommendations made in the daily reports (i.e., human remains, associated grave goods, non -human bone fragments, beads, arrow points, and other artifacts). The progress reports will be submitted monthly or at the completion of all approved earth disturbing activities. xiv. Prepare a final written report at the completion of all approved earth disturbing activities, summarizing the observations and recommendations of the daily and monthly reports and making recommendations for future activities and procedures on the MSS site, as appropriate. The final report should describe the monitoring process, the discovery any Native American human remains and associated grave goods, and their final disposition. This report shall contain, at a minimum, the following information for each discovery of human remains and associated grave goods: 1. Date of each find. 2. Description of remains and associated grave goods. 22 3. Date of reburial, and the geographical located of reburial, including traditional site name if known. xv. The final report shall include a discussion of mitigation measures taken to preserve or protect Native American cultural features and shall be submitted to the archaeological monitoring consultant, MSS representatives, the City of San Rafael Planning staff, and the NAHC at the completion of all approved earth disturbing activities. Information from the report may be included in the NAHC Sacred Lands Inventory. xvi. Demonstrate the ability to identify archaeological deposits and potential areas of impact. xvii. Work with the Most Likely Descendant (MLD) if human remains are encountered. A MLD will be chosen by the NAHC if human remains are encountered. There is no guarantee that the Native American monitoring consultant will be named as the MLD. The chosen Native American monitoring consultant must be able to communicate with the MLD effectively, and to aid in carrying out any procedures or tasks undertaken or recommended by the MLD. j. Implement Mitigation Measure CR -4. In the absence of specific recommendations made by the archaeological monitoring consultant, the following general procedures shall be implemented during the finding of an artifact (i.e., any item or object over fifty years of age): i. All contractors and subcontractors shall be required to inform all of their employees that no artifacts are to be removed from the area of the `find' except through authorized procedures. ii. Any artifacts found at or near a recorded cultural resource are to be turned over to, or brought to the immediate attention of, the archaeological monitoring consultant. In the absence of the archaeological monitoring consultant, the artifact shall be delivered to the Native American monitoring consultant, MSS representatives (i.e., property owners, site managers, contractor and subcontractor supervisors) or the City of San Rafael Planning staff. iii. Whenever any artifact is found or reported, a tag should be included that indicates the following information: iv. The identity of the finder and the date of discovery v. The identity of the responsible individual to who the artifact is given vi. A description of the location where the artifact was found, the approximate distance and direction to the nearest measuring point, identification point on the project plans, or other reliable, accurate method of locating. vii. A description of the artifact that will allow it to be identified if the tag and the artifact are separated. viii. The artifact, if portable, should be transported to a safe location where it can be kept until it can be inspected by the archaeological monitoring consultant. k. Implement Mitigation Measure CR -5. In the event of the accidental discovery of historical or unique archaeological resources accidentally discovered during 23 construction or recognition of any human remains in any location other than a dedicated cemetery, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until: i. In the event of accidental discovery of potential resources an immediate evaluation of the find shall be conducted by a qualified archaeologist. If the find is determined to be an historical or unique archaeological resource, contingency funding and a time allotment sufficient to allow for implementation of avoidance measures or appropriate mitigation should be available. Work could continue on other parts of the building site while historical or unique archaeological resource mitigation takes place. ii. In the event of discovery of human remains, the coroner of the county in which the remains are discovered must be contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American: 1. The coroner shall contact the Native American Heritage Commission within 24 hours. 2. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descended from the deceased Native American. 3. The most likely descendent may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resources Code Section 5097.98, or 4. Where the following conditions occur, the landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further subsurface disturbance. a. The Native American Heritage Commission is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 24 hours after being notified by the commission. b. The descendant identified fails to make a recommendation; or c. The landowner or his authorized representative rejects the recommendation of the descendant, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. Lot Consolidation Conditions (S09-002) Marin Sanitary Service Parcels A through E shall be consolidated into one parcel. All necessary documents for consolidation of the lots, provision of easements and abandonment of 24 rights-of-way located within the property shall be submitted for review and recorded in a timely manner. 2. The applicant shall provide a plat map, description, deeds and closure calculations for the lot line adjustment for review by the Department of Public Works and Planning Division. 3. The recorded deed consolidating parcels A through E (aka 1050 Andersen Drive and 535-565 Jacoby Street; APN's 018-180-72, -73, -74, -75 & -76) shall include a restriction on use of the Open Space Area E (aka, Parcel E; APN 018-180-76), as private open space. 4. The final plat documents required to merge the properties into a single parcel shall be submitted by the applicant to the City of San Rafael for review within 60 days of approval, and executed by recordation with the Marin County Recorder generally within 6 months. Lot consolidation approvals are valid for a maximum period of two (2) years from date of approval. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on the 201h day of July, 2015, by the following vote, to wit: AYES: Councilmembers: Bushey, Colin, McCullough & Mayor Phillips NOES: Councilmember: None ABSENT: Councilmembers: Gamblin 25 ESTHER C. BEIRNE, City Clerk Exhibit 5 CITY OF Meeting Date: June 23, 2015 Agenda Item: Community Development Department— Planning Division Case Numbers: ZC09-001, UP09-020, ED09- P. O. Box 151560, San Rafael, CA 94915-1560 031 and S09-002 PHONE: (415) 485-3085/FAX: (415) 485-3184 � Project Planner: Kraig Tamboriaih�r(415)485-3092 REPORT TO PLANNING COMMISSION SUBJECT: 1050 Andersen Drive / 535-565 Jacoby Street (Marin Sanitary Service) — Requests for a Planned Development Rezone, Master Use Permit and Design Review Amendments, and Lot Consolidation for Marin Sanitary Service (MSS) facility master plan, comprised of 82.15 acres, concurrent separate rezoning of an adjacent 2.78 acre Golden Gate Bridge District (GGHBDT) property, and abandonment of a portion of Jacoby Street right-of-way; APN's: 018-180-72, -73, -74, -75 & -76 (MSS), and 018-141- 03 (Golden Gate Bridge District-GGHBDT); Planned Development (PD1580) & Industrial (1) Zone District; Golden Gate Bridge District & Marin Sanitary Service, Owner/Applicant; Case Numbers: ZC09-001, UP09-020, ED09-031 and S09-002 EXECUTIVE SUMMARY' Project Overview Marin Sanitary Service (MSS) provides municipal waste management services for the City of San Rafael as well as surrounding Marin communities. MSS is pursuing an update to its Master Plan entitlements (zoning, use permit and design review) in order to, (a) reflect current and future operational needs, including future waste to energy conversion uses, (b) address existing historical animal keeping and storage uses, and (c) correct areas of nonconformance with existing entitlements for storage and outdoor yard area boundaries. The MSS site consists of several separate properties that are zoned Planned Development (PD) and Industrial (1). The properties designated PD primarily include MSS outdoor yard and open space lands located behind its main facility on 1050 Andersen Drive, and a separate 2.78 acer parcel leased for storage from Golden Gate bridge district. The area designated for all municipal waste management facility operations falls completely within the 82.15 acre property owned by MSS. The project primarily involves adoption of a new zoning map with text changes to the PD document, to consolidate all waste management facility operations within a single PD master plan and zoning designation. All of the parcels currently owned by MSS would also be consolidated into one single 82.15 acre site, and remove a 2.78 acre property owned by the bridge district from the MSS Master Plan. The Golden Gate bridge district staff stated the current storage leases would not be renewed this year, and the property is expected to revert to vacant land uses as P/QP excess right of way land. The site work that would occur on MSS's property consists of minor grading for placement of new fire suppression water lines and installation of new fencing and barriers to restrict access to open space. Abandonment and vacation of a portion of Jacoby Street right of way that extends through the property is also proposed. Interim on-site and off-site storage uses are also proposed to be continued as part of the project (with interim public and private container storage on the MSS site and interim private outdoor storage use on the GGHBDT site). The project would include payment of traffic mitigation fees to legalize unpermitted expansion of interim container storage uses on the MSS site, which increased from 240 public storage and contractor containers permitted in 1992. MSS proposes to retain a total of 682 containers (628 which would be for public/contractor storage and 54 for MSS operations), with removal of Page No. 64 REPORT TO PLANNING COMMISSION - Case: ZC09-01, UP09-20, ED09-31, S09-02 & UP14-06 Page 2 approximately 115 additional unpermitted containers. Payment of traffic mitigation fees would be required for the increase in trips generated by the container storage use, above an established baseline condition. The traffic baseline includes the historically permitted number of containers. Environmental Review Summary A Mitigated Negative Declaration has been prepared for the MSS Project rezoning, master plan and use permit amendment (MSS MND). The MSS MND and memorandum summarizing the project were provided to the Planning Commission on May 18, 2015. The scope of work is deemed to be minor in nature. The project would update the current MSS facility use to reflect existing operations and anticipated future needs. However, site upgrades would be required for the existing use. In addition, anticipated future waste to energy conversion equipment would generate impacts that warrant evaluation at this time. The project would include minor alterations to existing state solid waste facility permit boundaries, which already fall within the overall 82.15 acre site and work areas. Further, the site is near known biological and cultural resources. The Mitigated Negative Declaration identified potential physical environmental impacts in Air Quality, Biological Resources, Cultural Resources, Hazards and Traffic. Mitigation measures have been identified that would address any potential impacts from proposed grading and trenching work, removal and relocation of cargo containers, and future site work for waste to energy facility equipment. The project requires Planning Commission review and recommendation to the City Council for the zone change, design review, use permits and lot consolidation entitlement actions. RECOMMENDATION It is recommended that the Planning Commission take the following action: 1. Adopt a Resolution recommending that the City Council adopt a Mitigated Negative Declaration environmental determination for the project (ND09-001), and Mitigation Monitoring and Reporting Program plan. 2. Adopt a Resolution recommending that the City Council rezone the 82.15 acre Marin Sanitary Service property from "PD1580" and "I" zone districts to revised PD and the 2.78 acre Golden Gate Bridge Highway & Transportation District property from PD1 580 to P/QP (ZC09-001). 3. Adopt a Resolution recommending that the City Council approve an amended Master Use Permit (UP09-020), Environmental and Design Review (ED09-031), and Lot Consolidation (S09-002) for the 82.15 acre Marin Sanitary Service Facility project site. 4, Adopt a Resolution recommending that the City Council abandon improved and unimproved portions of Jacoby Street right of way. PROPERTY FACTS Address/Location: 1050 Andersen Drive and Parcel Number(s): 081-180-73 thru -760 535-565 Jacoby Street', No 081-110-03 address for GGBHDT site ProFert�Size. 8Z 15 acresp 2,-7-8 acres Neighborhood: M Canal Page No. 65 REPORT TO PLANNING COMMISSION - Case: ZC09-01, UP09-20, ED09-31, S09-02 & UP14-06 Page 3 Site Description/Setting: The Marin Sanitary Service project site is comprised of five (5) adjoining parcels located at the end of Jacoby Street with approximately 82.15 acres in total area. The five parcels were established through prior review and action by the Planning Division in 1995, at which time the Planning Division approved several lot line adjustments to consolidate MSS buildings and facility operations, and designate the upper portion of the site as private hillside open space area. Four (4) parcels are developed and used for MSS operations (Parcels A through D). These parcels are relatively level and comprise 31.28 acres. The fifth parcel (Parcel E) is a densely forested, 50.87 acre, hillside site with an average cross -slope of 39%. The upper slopes of the site include a visually significant ridgeline, San Quentin Ridge, which also provides a boundary line for the San Rafael corporate limits with the City of Larkspur. MSS also leases a separate 2.78 acre parcel to the west from Golden Gate Bridge Highway & Transportation District. This property is undeveloped, subleased for storage uses, and located across SMART rail right-of-way with access from Jacoby Street. BACKGROUND Marin Sanitary Service (MSS) has been providing municipal solid waste collection, disposal, resource recovery, and recycling services from the subject site to Marin communities since 1948. MSS currently operates under a Master Use Permit issued by the City of San Rafael, (UP96-8, which amended prior UP92-7), and a Planned Development (PD1580) zoning district. The current Master Use Permit consolidated 12 separate use permits that had been issued for the facility over a period of several years, and permitted outdoor storage areas on 2.78 acre the off-site property owned by the bridge district. The main buildings associated with MSS operations are located on Parcel A (aka, 1050 Andersen Drive), with additional operational activities and functions located on Parcels B through D (aka, 535-565 Jacoby Street). Parcel B is primarily used for self -storage. A small animal keeping/husbandry area housing swine is also located in on this parcel. MSS operations and public storage containers are located on Parcels B and D. The City previously permitted up to 240 storage containers on Parcel B. This was expanded by MSS from 1997 to 2005 with approximately 797 containers documented as having been placed on-site for personal storage, contractor storage and MSS storage uses. A resource recovery and storage shed also has been previously permitted and constructed on Parcel D. See Exhibit 6 for current zoning and use permit entitlements. Parcel E is primarily preserved and protected as private open space. However, there is maintenance shed located in a previously graded and paved area that lies just south of the common boundary of Parcels C and D. This area formerly contained an historic residential building. The original house and site were once served by an historical stagecoach path that ran through the property, entering the site from the east and running west across the ridge, toward the historic residence and down to Jacoby Street, toward San Rafael. Over the past 15-20 years, the fire access roads and several large adjacent pad areas have been paved with concrete within Parcel E. This parcel has been used to store/season cut wood and other materials and equipment, and a number of storage containers have encroached along the west boundary of Parcel B into Parcel E. A number of permitted and unpermitted retaining walls have been installed separating the MSS outdoor operations on Parcels B through D from Parcel E. A gabion wail has been constructed on Parcel C, which has been subject to structural engineering review by the City Public Works Department (i.e., October 2006 plans and engineering by Richard Jensen, engineer). The MSS property currently provides parking for 198 vehicles, with 158 spaces on Parcel A* (Main operations office & industrial), 15 spaces on Parcel B (temporary mini -storage uses), 18 spaces on Parcel C (soils products storage and sales), and 7 spaces on Parcel D (MSS operations). The property also is bisected by additional right-of-way for extension of Jacoby Street, which was previously approved to be vacated in 1984. (*During processing of the subject project the parking on Parcel A at Andersen Drive was expanded with 14 additional spaces.) Page No. 66 =W I 4*Vd1-111-*1Qq. [--Ill Summary Marin Sanitary Service (MSS) has requested amendments to its Master Use Permit and PD Zoning approvals established for its waste management facility site in order to bring into compliance alterations that have occurred since 1996, and to incorporate historical development not included in the prior zoning approvals. The primary changes involve the following: 1) Consolidation of all MSS operations parcels under an updated PD zoning district and deletion of a separate 2.78 acre parcel from the PD plan and site operations. Removal of unpermitted activities in open space area; such as wood storage/seasoning, dirt stockpiling, container storage, and potential removal of concrete paving and grading. of pad areas on fire roads and/or ridgetop. 3) Legalization and expansion of private and public storage container uses from 240 permitted containers to 682 containers (with removal of 115 additional unpermitted containers), and 4) Plan for future innovations to facilitate waste reduction in compliance with regulatory requirements; including waste to energy conversion facility equipment, 1 (65=11 1T,#m7fe--7p1,#TU I UMITMUFT T07 TiMr= YMT mlhTi will be needed as it adapts to the community's evolving waste management needs. The project would result in minor landscaping and grading work for installation of screening, fencing and water/fire suppression lines and hydrants. No new construction is proposed. See the MSS project plan sheets (MSS MUP) and the detailed Master Use Permit Amendment Application (MSS MUPA) projearra l description, operations and attachments provided separately. Golden Bridge and Highway Transportation District (GGDT) is a party to the application for zoning amendment due to the fact that MSS has historically leased a 2.78 acre parcel of land owned by GGHBDT for storage purposes. This property was included in the PD1580 adopted for the site December 4, 1989. The City, MSS and GGHBDT agree that this property should be disassociated with the MSS facility use as it is not a part of MSS ongoing operations and uses of the site would be ended when use of the SMART train line is initiated, which separates the subject parcel from Jacoby Street. GGHBDT does not intend to �tursue a use ,termit for continued stora�e oi.yerations, It is activity would continue as an existing use and cease once the property no longer maintains access across the SMART right of way. A detailed written description of the application request is provided in the application materials, provided with the MSS Initial Study and online at: http://www.cityofsanrafael.org/commdev-planning-pro*-facility . A 310111 guodk-Aig AliAmoa jmfflv the project application materials appendices. Details, of the Project changes and components are as follvvs: Zoning Entitlements: 1Lot Consolidation (S09-002). Combine the multiple MSS Parcels A through E that make up the entire MSS facility property and operations into a single parcel. This would facilitate extension of necessary water and fire line utilities to the existing parcels created under the prior PD action, which are not currently located on an improved public street (right of way only extends through the site). See Plan Sheets C4.1 and 1 11Xl- r • •,es are as follow& Page No. 67 REPORT TO PLANNING COMMISSION - Case: ZC09-01, UP09-20, ED09-31, S09-02 & UP14-06 Page 5 a. Amend the MSS facility PD master plan text and map to incorporate the Industrial (1) zoned property at 1050 Andersen Drive with the outdoor storage and operational parcels located at the end of Jacoby Street. The PD amendment would re-establish uses and development standards applicable to operational use areas (Areas A through D), and the open space area (Area E). Allowable floor area would be calculated for the entire site versus each individual parcel. See Sheets A2, CMP -1, A.3 and A.4. b. Remove a separate undeveloped outdoor storage parcel from the PD master plan, which is located to the west and leased from by Golden Gate Bridge District, at APN 018-141-03 (across SMART rail line right of way, west of the MSS facility operations. This site would be rezoned from the current PD 1580 to P/QP. This amendment is supported by GGBHDT and consistent with adjoining property zoning and uses. See Sheet A2.1. 3. Environmental and Design Review (ED09-031). Amend the master development plan concurrent with the MSS Facility PD zone change and Master Use Permit (MUP) approvals. Future facility improvements would be subject to separate ED permit review. This may include design review of a tower structure over the height limit for biomass conversion facility unit, which may be considered through the design review process consistent with current zoning regulations. See Sheet A5.5 for future anticipated facilities. 4. Master Use Permit (UP09-020). Amendment to re-establish permitted uses within the MSS site operational and open space areas, as follows: a. MSS Area A: Size/Location: Approximately 12.2 acres at 1050 Andersen Drive. Use; Area A contains the majority of the MSS waste management facility buildings (Le., recycling center, transfer stations, resource recovery, household hazardous waste, metals and wood materials recovery, administrative offices, 72 covered truck parking and loading docks, etc_). Existing buildings may be converted to other waste reduction and management uses„ including waste to energy conversion. No significant expansion or change in operations associated with the use and facilities in this area are being proposed. The total building square footage has been calculated at 292,023 square feet, existing. No change in building areas area proposed. b. MSS Area B: Size/Location: Approximately 5.12 acres south of Jacoby Street at the site entrance of Jacoby Street. Use: The project includes the following activities, including request for permits to legalize an increase in ancillary uses in this area as follows: • Expand (retro -actively) an increase in public portable container units rented as public self -storage units (aka, Rafael Storage). Container storage activities are considered a long-term interim use and the area is reserved for future MSS facility operations, including but not limited to inert processing, storage, recycling and ancillary sales of materials. The project proposes to remove up to 47 of the existing/unpermitted containers. This would be a reduction from the 444 currently placed containers down to as few as 397 containers). • Continue existing interim small animal husbandry pen housing approximately 50 barnyard animals (pigs, goats, horses), historically used for stripping yard waste. Animal waste is removed from the site, on a weekly or bi-weekly basis. The area is maintained with fresh straw/woodchips and sawdust. The net container storage area would increase the permitted container storage to 65,379 square feet in area (approximately 25,179 square feet of additional container storage in the subject outdoor yard area). See Sheet A5.1. c. MSS Area C: Size/Location: Approximately 5.92 acres just east of Area A and Area B. See Sheet A5.2. Use: The following activities would remain within this area: Page No. 68 III F1 ii� IIII 111 11 1 1 z: i'll 111 11111 il II III !Ill I • Outdoor yard area used for inert processing operations including concrete recycling recovery and bulk storage of soil products, fire wood storage above a gabion wall, -and ancillary sales • materials associated with and in ••! of • operations. • American • •r storage and sale of •- landscape supplies (complementary to MSS resource and recovery efforts). • This area could be used for future biomass conversion or anaerobic digester facility equipment. d. MSS Area D: - Size/Location: Approximately 8.03 acres. See Sheet A5.3. Use: • Outdoor yard area for inert processing operations including bulk storage and soil recycling. Ancillary sales of materials associated with and in support of recovery operations is also a part of operations, • Retain at least 271 portable container units (retro -actively permitted) for both MSS operations and public self-storage/contractor (aka, Rafael Storage). The project would involve removal of up to 56 of the existing unpermitted containers (reduction from 327 existing containers to 271 containers), leaving at least 52 containers for MSS operations and 219 containers for public storage use. Container storage areas are considered a long-term interim use and the area is reserved for future operational uses. 0 10,200 square foot Resource Recovery and Storage building. 0 This area could also be used for future biomass conversion or anaerobic digest facility equipment. The container storage would result 45,349 square feet of additional container stora coverage on the site within this outdoor yard area. e. MSS Area E I Size/Location: Approximately 50.87 acres. Use: Private hillside open space (south of the operational "work" areas A through D), Th parcel contains paved fire roads, limited grazing, bee and animal keeping, and a 1,886 squa foot storage shed. Non -permitted seasonal fire wood storage has been &iminate Adjustment to the Area E boundary is proposed with no net loss of open space area. T building is 1,886 square feet in area and would no net increase in building area is proposed. GGBHDT Parcel: According to the district, all storage activities on the GGBHTD site would terminate after its lease with. MSS expires (May 2015). Thus, the district did not request a new Use Permit approval for the site to allow this activity to •r as an interim use. Ri-ght of-TTay Abandonment: A portion of Jacoby Street that extends past an existing gate access into the MSS site is proposed to abandoned, with new utility easements granted for public agencies. Additionally, remaining untAtiliz Jacoby Street right-of-way that extends through the site to Andersen Drive also is proposed to vacated. Abandonment and vacation requests require City review and approval to determine that t right of way is no longer needed for a public purpose. I The Planning Commission must recommend vacation of property dedicated for right of way purposes. Separate hearings and action would be taken by the City Council, followed by recordation of a grant ieed to transfer title to the property owner. See Plan Sheet C2.1. Required Site Work &Actions: The project approvals would result in the following site work and changes to existing permitted operations: REPORT TO PLANNING COMMISSION - Case: ZC09-01, UP09-20, ED09-31, S09-02 & UP14-06 Page 7 • Storage Container Relocation & Removal. The public storage containers use would be legally permitted to increase from the 240 containers permitted as of a 1996 use permit amendment, up to 682 permitted containers (consisting of containers added without approval minus existing unpermitted containers to be removed). This is an interim industrial use within Area B and Area D. Fifty-four (54) of the 682 containers to remain are used by MSS operations for its storage needs. The remaining 628 containers (395 on Area B and 233 on Area D) would be retained for public storage use. As proposed, a total of 115 existing and unpermitted storage containers would be removed from the site to bring the container count down to 682 in total. See Plan Sheets A5.1, A5.3 and A5.4. • Open Space Encroachments. Open space boundary Area E would be revised to address encroachments, and require boundary and markers and gates, with no net loss of open space area. See Sheet A3. • Open Space Paving. Unpermitted paving of fire roads in Area E is proposed to be permitted to remain, for access and minimizing further site disturbance (approx. 265,000 square feet of concrete paving). See Plan Sheets C1.2 and C1.3. The other unpermitted activities consisting of containers, wood storage and soils storage have been removed. • Open Space Storage Building. Pre-existing 1,886 square foot storage structure would be permitted to remain in Area E. • Animal Keeping. Pre-existing animal keeping uses consisting of grazing and bee keeping activities would be permitted to continue in Area E. • Parking Supply. Parking would be increased from a previous count of 198 spaces to 228 spaces to accommodate increased private storage and facility operation needs. • Drainage and Landscape Enhancements. New drainage improvements, stormwater bio-swales and landscape improvements would be installed. See Plan Sheets C1.1, and L -1A through L2.1 • Fire Safety Improvements. New 8" fire line from Andersen Drive with three new fire hydrants would be provided in Area D, and four new fire hydrants and 8" fire line would be installed serving Area C. See Sheets A5 and F1. • Retaining Wall Permits. Building permit for Gabion Wall and parking areas. Also, install boundary markers, and new gates restricting future encroachments into private open space areas. See Plan Sheets BHA BH -P and RV -1. • Right of Way Abandonment. Finalization and recordation of abandonment and vacation of rights of way and associated utility easements. • Utility Easements. Installation of new utility connections at terminus of Jacoby Street at site entrance gate. Approval of abandonment and recordation of deed transferring Jacoby Street right of way to the MSS property • Open Space Restrictions. Recordation of grant deed for lot consolidation and Area E private open space restrictions. ANALYSIS San Rafael General Plan 2020 Consistency: The project, which primarily consists of a Planned Development (PD) text and map amendment, with minor changes to existing permitted uses on MSS and GGHBTD sites, remains consistent with the underlying General Plan 2020 land use designations and relevant policies, as follows: The 2.78 acre Golden Gate Bridge Highway & Transportation District is located west of the MSS facilities, south of Jacoby Street and SMART rail right of way (Assessor's Parcel No. 018-141-03) and adjacent to Highway 101 right of way. Re -zoning of this property from PD (1580) to P/QP is consistent with the underlying General Plan 2020 Industrial land use classification. The ownership and use of the site as interim storage on public lands is consistent with this land use designation, and with the adjacent parcel of land (APN 018-141-04) that is owned by SMART and currently designated P/QP. The GGHBTD has provided a letter in support of the rezoning action. Page No. 70 Iii, 711111111111 I'li i, 1111 III�­ zir�::i ii'll III III Iii, Ill lil 11!11111 3 0 all. III Ili El ii BEE=- r4i rge- Eli A I a ce area - all of the MSS facility properties from the I (Parcel A) and PD1580 (Parcels B through E) districts to a revised PID for continued waste management facility operations is consist with the underlying General Plan 2020 Industrial land use designation. There are no other jolicies or _�wro, rarns that re4uire further review and discussion for consistencW* iven that the project primarily involves minor text and map amendments to support continued use of the properties for waste management, open space and storage uses which remains consistent with the underlying land use designations. • Ordinance • Chapter 14.27 Zoning Amendment The Rezoning action would remove the 2.78 acre GGHBDT site from the MSS development plan and rezone this parcel to a conventional P/QP district, and consolidate all the MSS properties into a single revised and updated PID district. Consideration of the rezoning action is required before action on the related zoning entitlements occurs. The rezoning action desirable in order to promote orderly development and continued use of the subject properties. The revised PD is consistent with the underlying General Plan 2020 land use designations applicable to •. property, as discussed in the General Plan Consistency section above and therefore is considered appropriate. The MSS PID • would re-establish and incory s• the ariovriate floor area ratio • limit and land use development standards required per the General Plan 2020 (i.e., 36 foot height limit and 0.38 maximum industrial floor area limits, 0.0 open space floor area limitation). The PID district would impose a ten foot (10') minimum front yard setback, and ten -percent (10%) landscape requirement. These requirements are consistent with the standard Industrial "I" zoning district requirements as well as the subject site and adjacent property conditions. In addition, the PD would include site and use regulations, performance standards, and parking standards commonly applied to Industrial designated properties under conventional zoning standards. The zoning standards that would be applied to the site in the -• PID are discussed further below. M4� �-w�ratft- underlying MSS land uses. The uses in a PD are required to be implemented through issuance of a Master Use Permit and Development Plan. Thus, the current approvals are also proposed to be amended. The findings required supporting the MSS site PD rezoning and GGHBTID site P/QP rezoning, and MSS site PD text amendments have been provided in Exhibit 3. In addition to the typical rezoning findings, the following PID findings are required: > The development is improved by deviations from typical zoning ordinance property developme and parking standards; and i ll� Auto, bicycle and pedestrian traffic system is adequately designed for circulation needs and public safety. Emergency vehicle access is provided to serve the proposed development 1=1111 REPORT TO PLANNING COMMISSION - Case: ZC09-01, UP09-20, ED09-31, S09-02 & UP14-06 Page 9 improve land use, health and safety, and design requirements of the City by addressing specific building code, traffic mitigation, and fire safety requirements. Chapter 14.16 Site and Use Regulations Accessory Structures (SRMC 14.16.020) The ancillary storage uses including the containers require use permit and design approval, and may be subject to the same requirements applicable to permanent structure. These structures have been evaluated for compliance with the standards and subject to the related zoning entitlements, as discussed herein. • Affordable Housing Requirement (SRMC 14.16.030) An affordable housing requirement is imposed on nonresidential development, except where no nexus can be established between the proposed nonresidential development and an increase in the demand for affordable housing. In this case, the project proposes expansion of interim public storage uses within the existing and previously permitted work areas of the MSS facility site. No nexus is considered to exist for requiring affordable housing since the storage containers involve only 1 employee and are considered an interim use of these outdoor yard area portions of the site. • Floor Area Ratios (SRMC 14.16.150) The property is 82.15 acres with 50.87 acre open space lands and 31.28 acres industrial lands. The industrial property is subject to 0.38 industrial floor area (FAR) allowance. Building area includes Area A (292,000 square feet), container storage to remain on Area B and Area D (100,754 square feet) and additional accessory building on Area D. The industrial use of the property falls well below the 0.38 FAR allowance, or 517,000 square feet. Negligible expansion of use is resulting from the legalization of prior public storage containers placed the property, within permitted outdoor yard areas. It is anticipated the temporary container storage uses may be replaced by permanent buildings over time, and would remain within the FAR allowance. Chapter 14.17 Performance Standards • Animal Keeping (SRMC 14.17.020) The existing animal husbandry use would not be altered and would be covered by the existing and proposed Master Use Permit. Conditions have been included to address potential nuisance concerns including odors, noise, water quality and health. No new issues or concerns have been identified. Outdoor Storage (SRMC 14.17.120) No new issues or concerns, or new requirements have been identified that should be imposed for outdoor activities. The areas shall be appropriately located and screened to the extent necessary. Chapter 14.18 Parking Sheets A5 through A5.3 show a total of 228 spaces would be provided on the property, upon implementation of the project (an increase in 30 spaces above original conditions). Existing and new spaces are dispersed throughout the site serving each of the various use Areas. There would not be an increase in parking demand for the current MSS facility operations, which would remain unchanged in the near term. Public storage is subject to a parking study to evaluate needs. The demand for parking associated with the increased container storage use has been evaluated by the City Planning and Public Works staff. Typically, parking requirements for storage is minimal, to serve customers visiting the business office and employees. Existing tenants would typically drive to their individual unit, and not require a customer parking space. Page No. 72 The revised PD and MUP identify a parking demand and supply which has been identified as adequate for MSS facility operations and the ' ancillary storage and soils product sales uses. This includes an increase in existing parking supply to serve existing facility operations and public storage activities. Parking is considered adequate based on existing and proposed uses. Additional parking needs would be evaluated with any new or expanded buildings at the time proposed, in a manner that is consisten) with the PD zoning regulations. Chapter 14.18 was amended during processing of this project to include new and revised Section 14.18.045 (parking for clean air vehicles) and 14.18,090 (bicycle parking standards). New or revised parking lots should be reviewed for upgrades to meet these standards where feasible. Based on 30 new spaces, 3 clean are vehicle spaces should be provided. Bicycle parking would also be encouraged, with at least two (2) additional short term bicycle parking spaces and one (1) long term parking space. Because the spaces are not generated from new development, the above standards are not required, but may be encouraged. Parking for the public storage containers consists of two (2) new spaces near Area B. Chapter 14.22 Use Permit Amendment The use permit amendment would encompass all existing uses of the 82,15 acre MSS facility site, addressing uses on areas A through E, including the interim public storage use on the MSS site. The MSS use permit would specify each use and requirement of the site work areas and open space areas (A through E), and uses permitted on site, consistent with development standards that apply to the site as specified in the PD rezoning. The PC may consider whether the proposed expansion of container storage use is acceptable, potential future uses, as well as other site and use modifications proposed or required based on the project proposal. The Bridge District is not pursuing a separate Use Permit to permit ongoing outdoor storage on the 2.78 GGBHDT site. followina seDaration of tWe GGBWDT-k-&-to tWe curre 019 Al M- 912111411 11W • I MOM I 1 11411 1•t - IN 1 0 OW 11 FSER OF Te 73FIRMME tfltrl Lni Rel Wr �ancl use designation and with the proposed P/QP zoning designation. Lot consolidation and Design Review are also required as concurrent entitlements for the MSS site, which Would resolve current issues with site floor area ratio and update the master development plan. Currently, the majority of MSS development is located at 1050 Andersen, Parcel A, resulting in an 0.45 FAR (exceeding the 0.38 FAR allowance. The FAR for the combined site area would fall well below the 0.38 FAR limitation. Further, the consolidation would resolve issues with providing utility services to currently landlocked parcels. Conditions of the MSS Master Use Permit include updates to the prior UP96-8 conditions of a. RE'roval and u*dated re.,ouirements of the water and planning division staff. Given that the Use Permit would primarily continue existing interim storage, waste management, open space and animal keeping activities of the properties there have been no new issues or significant concerns identified. MSS project would be required to pay traffic mitigation fees and obtain retroactive building permits for installation and removal of cargo container storage and for the wall and grading encroachments into open space lands. Concerns with the encroachments into the open space lands, storage activities that had occurred in open space lands, and expansion of interim storage on-site work areas, have either already been addressed or would be addressed as a part of this Use Permit amendment (UP09-020). This includes a requirement for barrier markers at the open space boundary to prevent future encroachment, and requirement for remaining corrective actions to be pursued within the first 60 days of project approval (e.g., permits for retaining walls built adjacent to the open space boundary, outdoor wood storage, installation of barrier fencing/markers at open space boundary, removal of unpermitted Page No. 73 REPORT TO PLANNING COMMISSION - Case: ZC09-01, UP09-20, ED09-31, S09-02 & UP14-06 Page 11 containers, provision of enhanced fire suppression and fire lanes, payment of traffic mitigation fees, and parking and landscaping upgrades). The Department of Public Works has been working with the applicant to confirm an appropriate traffic mitigation fee that would be required, based on the increased number of trips resulting over the established 1992 baseline condition. As of a June 14 2014 memorandum, a traffic mitigation fee requirement was estimated at $653,000 (based on 154 net new trips times $4,246 per net new trip, above the 1992 baseline condition). The baseline condition includes the 240 permitted public storage container units. Net increase in traffic would be adjusted as necessary and consider the number of existing unpermitted containers that are to be removed following project approval. Thus, the traffic mitigation fee may be higher, or lower, depending on the final number of containers to remain/be removed. The traffic mitigation fee in the MND identifies the highest anticipated traffic impact if no credit were given for containers to be removed. No change in uses would occur on the GGBHDT lands, which is proposed to continue temporary outdoor storage activities until such time as the site is no longer accessible (following operation of SMART service through the area. Findings and conditions recommended to support the MSS entitlements are provided in Exhibit 4. Chapter 14.25 Environmental and Design Review Amendment The Design Review Permit consists of an update to the Master development plan for MSS, to implement the PD rezoning, approve proposed site upgrades, and establish requirements for future site or building modifications. No significant changes would occur following grant of this approval, aside from some minor landscape and parking lot upgrades. All existing structures and work areas would remain substantially unchanged. Design review would grant retroactive approval of container placement, post- installation of retaining walls on the property, and associated landscape enhancements. Engineering reports were required to evaluate post -installation of retaining walls on the property, to assure they are structurally sound and safe. The PC may consider whether the proposed work, including landscape enhancements and paving proposed to remain in open space areas is acceptable or warrants further modification. Any new structures or building additions would be subject to standard Environmental and Design Review Permit requirements that currently apply to the site. Section 14.16.120 allows for structures over the height limit to be considered through Environmental and Design Review, pursuant to Chapter 14.25. Current design review standards allow for specialized buildings or structures to be considered that exceed the height limit through the design review process. Further, Chapter 14.24 allows building height to be increased through an Exception where: (1) additional building height is required for a special use or function, and the building is designed specifically for that use; or (2) there are special circumstances related to the site and topography which warrant the exception, where scenic views are not adversely affected, and where exceptional design is provided. If the height exception is more than five feet (6), the exception must be approved by the planning commission as part of approval of an environmental and design review permit. The project anticipates a 40'10" tall tower would be required for a biomass conversion facility (Sheet A5.5), if this is pursued in the future. This is a feature that would fall within the criteria specified above, and require subsequent permit reviews and approvals. The anticipated future project does not raise any significant concerns at this time, and is considered to fall within current zoning provisions that allow for this to be considered. No entitlement has been required at this time as the facility may or may not be pursued at a future date. Rather, the intent of this review is to establish whether it is feasible to pursue this under current applicable zoning standards. Page No. 74 REPORT TO PLANNING COMMISSION - Case: ZC09-01, UP09-20, ED09-31, S09-02 & UP14-06 Page 12 Subdivision Ordinance Consistency: Title 15 Lot Consolidation The proposed merger of parcels pursuant to S09-02 to result in fewer lots would be consistent with the Subdivision m;:i ac and would address till! I sejetj 11s,lil 1,% J I jil Ilihill ;*PvitV 11111 141110 Ila 111"Ah'i IN 111111111 SummarV Vacation and Abandonment Jacoby Street is a short, 60' -wide, Gity-maintained surface -street accessed by Andersen Drive, which terminates directly at the site A 30' -wide portion of the public right-of-way (ROW) for Jacoby Street M-MILLu k&r_kx�kc . U -n tFAITA-1 UATI w1re t-1 V11 I pr 17TVT=UWv -III that is located within the MDD facility was approved for vacation and abandonment, but never executed. The Planning Commission is requested to review and recommend the abandonment pursuant to Ca Streets and Highways code, section 8300 et seq. The PC review of vacation of unused right of way is required in order to provide a recommendation on the future land use of the abandoned right of way. The PC must make the following affirmative determinations: o The Planning Commission has heard and considered evidence submitted by any persons interested in or objecting to the vacation request, and based on the evidence offered and all of the evidence submitted, that portion of said street herein described i . s unnecessary for present or prospective public street purposes. right of way would not be necessary to provide public street frontage to the property. The applicant must pursue abandonment through the Department of Public Works and City Council. Once approved, the action Would be completed through transfer of title to the applicant. This action has no effect on the proposed zoning entitlements, but could allow for future permanent improvements to occur within the current unimproved portion of right of way that extend through the site. Any future work must be in conformance with the PD and related zoning entitlements. A resolution recommending approval of the abandonment and vacation is provided as Exhibit 5, which is required in order for the applicant to pursue the abandonment. Formal abandonment would need to be pursued through the City Council, EATIRORILIENTAL DETERM111ATION An Initial Study/Mitigated Negative Declaration (IS/MND) has been prepared for the project, which is required pursuant to the California Environmental Quality Act (CEQA) for development projects that REPORT TO PLANNING COMMISSION - Case: ZC09-01, UP09-20, ED09-31, S09-02 & UP14-06 Page 13 involve a rezoning or that may then potential to have a physical impact on the environment. On May 18, 2015 the Notice of Intent to adopt a Negative Declaration was mailed and distributed and a public copy of the document was posted for a required 30 day public review period. The Planning Commission was also provided copy of the Mitigated Negative Declaration prepared for the project, and the referenced attachments, at the start of the public review period. Historic, cultural, drainage, biological and engineering reports have been prepared for the project. Historic review was conducted to discuss the former residence on the property which had been a known historic residential structure. This building was removed before the current property entitlements were granted for the MSS facility. The site also contains known cultural resources„ and significant native trees and vegetation. Proposed site work would include grading for new fire lines in Parcel D, parking lot restriping, and installation of bio-swale, drainage and landscape improvements within the work area parcels A through D, and potential removal of paving in Area E. Therefore, cultural and biological evaluations were conducted to assure that proposed and anticipated site work would not impact sensitive resources on the site. Potentially significant impacts have been identified in biological and cultural resource areas as a result of the improvements and modifications that would be permitted by the project. A Mitigation Monitoring and Reporting Program (MMRP) has been prepared consistent with CEQA requirements to address potential environmental impacts. The potential environmental impacts associate with the project that have been identified and addressed in the IS/MND are summarized below. All potentially significant project impacts would be mitigated to a less -than -significant level through implementation of recommended mitigation measures or through compliance with existing Municipal Code requirements or City standards. The recommended mitigation measures are listed in the Mitigation Monitoring and Reporting Plan (MMRP) included in the Initial Study/Mitigated Negative Declaration prepared for the project. The Initial Study/Mitigated Negative Declaration document has been prepared in consultation with local, and state responsible and trustee agencies and in accordance with Section 15063 of the California Environmental Quality Act (CEQA). Furthermore, the Initial Study/Mitigated Negative Declaration will serve as the environmental compliance document required under CEQA for any subsequent phases of the project and for permits/approvals required by a responsible agency. A draft resolution recommending adoption of the MND is attached as Exhibit 2, which must be adopted prior to action on the related zoning entitlements, Air Quality Impacts New construction is subject to compliance with the City Climate Change Action Plan/Greenhouse Gas Reduction Strategy and Bay Area Air Quality Management District CEQA Guidelines. Site grading for installation of fire lines and for relocation and removal of construction containers would have potential dust and vehicle emissions impacts that are subject to standard construction related mitigation measures specified in the MMRP. The project also includes evaluation of future waste to energy conversion facilities. Waste to energy conversion is a composting operation that would be consistent with and encouraged for the solid waste facility. These facilities reduce waste sent to landfills and allow for conversion of waste to energy, which has potential positive environmental benefits and contributes to reduction in greenhouse gasses. However, these facilities would require additional permits to be obtained from Marin County Environmental Health, the State Integrated Waste Management Board and BAAQMD in order to ensure they are installed and operated properly and in compliance with established standards and regional requirements. An odor impact minimization plan (OIMP) has been identified as required to address potential impacts and mitigate this potential to less than significant levels. Biological Resources There are no special status species identified on the site. However, there is a moderate potential for special status bat and migratory bird species to be found in the study area. Therefore, standard Page No. 76 ENE mitigation is required to limit work in vicinity of trees and to require nesting surveys prior to any tree removal or ground disturbance in the vicinity of trees. Cultural Resources There exists a documented cultural resource in the Open Space Area E. However, no work is proposed in Area E, therefore, no further investigation or mitigation is required. There is a presumed potential foi culturally significant remains to be uncovered during excavation. Since the project proposes new trenching work, standard mitigation is included to address the potential for accidental discovery or unrecorded cultural resources or human remaiis. A'azards and Hazardous Materials Comostina for waste to enercLv ion oroduces rcetW-axie. %Aic'i is a desired bi-nrodur"I;.,�, �veru I Traffic The project would not increase actual existing traffic levels, based on the current level of operations (including unpermitted container storage). However, the project would be required to pay required traffic mitigation fees in order to legalize the additional storage containers placed on-site. These fees would be used to fund traffic improvements anticipated for bUild-out in the area pursuant to the General Plan 2020. unpermitted expansion of storage container uses, and the current traffic generated, which is represented in Table 1 of the traffic report. Traffic mitigation fees must be paid for additional trips generated above the established 1.992 baseline condition, as ultimately determined by the Department of Public Works. Based on the Department Of Public Works review of the subject traffic report and its record on historical use of the property, it has been determined that the project use as proposed and conditioned with the total number of permitted public and MSS container storage uses has generated a total increase of 234 trips (162 AM and 72PM). The applicant has requested further adjustment of the fee, to reflect the following: (A) Reduce trips based on containers to be removed, from existing total of 752 to 682 combined public and private container storage. (B) Credit for the 240 public storage containers originally permitted in 1992. based on removal of unpermitted containers. The final fee will be determined based on the net new trips that would result after project approval and containers to remain/be removed have been established and steps are taken to remove all unpermitted containers. 17, trustee agencies, and all other interested parties more than 30 calendar days prior to the date of this hearing (Exhibit 7). Staff has not received any comments or issues to date. REPORT TO PLANNING COMMISSION - Case: ZC09-01, UP09-20, ED09-31, S09-02 & UP14-06 Page 15 OPTIONS The Planning Commission has the following options; 1. Recommend approval/adoption of the applications, as presented (staff recommended). 2. Recommend approval/adoption of the applications with certain modifications, changes or additional conditions of approval. 3. Continue the applications to allow the applicant to address any of the Commission's comments or concerns. 4. Deny the proposed amendments, and leave the current PD1580 and MUP in place. The project would be required to remove the wood storage located above the gabion wall on Parcel C and remove all unpermitted storage containers. EXHIBITS 2. Draft Resolution (Adopt MND) – revised June 23, 2015 3. Draft Ordinance (Rezone MSS & GGHBT - PD1580 & I to Revised PD & P/QP) – revised June 23, 2015 4. Draft Resolution (MSS Master Use Permit, Design Review and Lot Consolidation) – revised June 23,201 5:– D eieti treet aed'eF eat+ie— m e atier 6. Current PD1580 Ordinance and Master Use Permit MUP96-8 enline eh httn•//,neW eitvnf anrefnn/ ern/enmrn.dev_glanninrv_nrni fa~ • Or.. e..t Plans SesGFiptiGn Page No. 78 PC Exhibit 2 (Revised h 1A 'AIN A A ar."10 I I I ["INN Milk M5 Is] olk I I KII "A i '1.. 011) Ova I 1102 In 9 L , fig' USE PERMIT AMENDMENTS LOCATED AT 1050 ANDERSEN DRIVE AND 535-565 JACOBY STREET WHEREAS, Marin Sanitary Service (MSS) submitted zoning applications ZC09-001, UP09-020, ED09-031 and S09-002 to amend its current Master Plan in order to address minor g.aLga's WaAaw. iiiiiiiial a kJ-J-)f--f3kfi-- MW In I _JIM XVII&I IT 111HEREAS, the project includes right of way abandomnent and right of way vacation — requests for improved and unimproved portions of the 60' wide Jacoby Street right of way that extends through the site, which sahll be subject to separate action by the City Council; and WHEREAS, the project involves minor text and map amendments to an existing Planned Development District (PD) and minor revisions to use and operations of the existing Marin Sanitary Service MUniCiDal waste manavement faciliv wi6. -teg . Uible Ota-(Ve i -c i-rte-csitv *f u M A Cultural Resources as a result of anticipated grading activities. The existing and potential project impacts would be mitigated to less -than -significant levels through implementation of existing conditions of approval that have already been incorporated into the project and recommended mitigation measures or through compliance with recommended conditions of project approval; and WHEREAS, notices regarding the Notice of Intent to Adopt Mitigated Negative I owls N 1, IAN W-19 im Page No. 79 WHEREAS, copies of the Mitigated Negative Declaration and MMRP were made available for a 30 -day review period by pertinent agencies and interested members of the public, commencing on Tuesday, May 18, 2015; and WHEREAS, on June 23, 2015, the Planning Commission held a duly -noticed public hearing on the proposed project and the Mitigated Negative Declaration and MMRP, accepting all oral and written public testimony and the written report of the Department of Community Development, and adopted a resolution adopting the Mitigated Negative Declaration; and WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based is the Community Development Department. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission does hereby recommend that the City Council adopt a Mitigated Negative Declaration and approve the MMRP for the project finding that: The Planning Commission exercised its independent judgment and analysis, considered staff's recommendation and comments received during the public review period, and determined on the basis of the whole record before it that the Mitigated Negative Declaration for the project is appropriate and consistent with the provisions of CEQA in that: The Planning Commission exercised its independent judgment and analysis in evaluating the Mitigated Negative Declaration, which has been considered in conjunction with comments received during the public review period and at the public hearing. Based on review of the whole record, including the initial study prepared for the project and comments received at the public hearing, the Planning Commission has determined that the Mitigated Negative Declaration for the project is appropriate and consistent with the provisions of CEQA. Further, potentially significant impacts on Air Quality, Hazards, Traffic, Biological Resources and Cultural Resources could result from the project due to container storage uses proposed to remain, anticipated future improvements, and grading on an environmentally sensitive site. However, project impacts would be mitigated to less - than -significant levels through implementation of mitigation measures identified in the Mitigated Negative Declaration prepared for the project, as well as through compliance with conditions of project approval that have been identified and incorporated into the existing project operations. Mitigation measures have been identified in a mitigation monitoring and reporting program prepared for the project, which is adopted as a part of the initial Study/Mitigated Negative Declaration prepared for the MSS project, and will be required as conditions of the project approval to mitigate traffic impacts, potential air quality impacts, and against any potential, though unlikely, environmental consequences that could occur to known biological resources and cultural resources as a result of site grading or tree removal associated with anticipated site work -2- Page No. 80 required to upgrade the site fire suppression equipment or as a result of future potential structure improvements. The proposed mitigation measures and conditions of approval are sufficient to mitigate identified impacts on Air Quality, Hazards, Traffic, Biological and Cultural Resources as documented in the Initial Study/Mitigated Negative Declaration and as further discussed in the Planning Commission Staff Report and in response to any comments received at and prior to the project public hearing. Potentially significant environmental impacts were not identified for any other environmental impact categories and there is no substantial evidence that the project will have a significant effect on the environment. The foregoing Resolution was adopted at the regular City of San Rafael Planning Commission meeting held on the June 23, 2015. Moved by Commissioner Wise and seconded by Commissioner -.Belleto, AYES: COMMISSIONERS Chair Schaeffer, Belletto, Davidson, Paul, Robertson, Wise NOES: COMMISSIONERS None ABSENT: COMMISSIONERS Lubamerskv SAN RAFAEL PLANNING COMMISSION ATTEST: BY: Paul A. Jensen, Secretary Barrett Schaefer, Chair � � !I � I � � I � I I i 1, �I -3 - Page No. 81 PC Exhibit 3 (Revised June 23, 20 IS) RESOLUTION NO. 15 - RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL ADOPTION OF AN ORDINANCE REZONING CERTAIN REAL PROPERTY FROM THE PLANNED DEVELOPMENT DISTRICT (PDI 580) AND THE INDUSTRIAL (I) DISTRICT TO A REVISED PD DISTRICT AND A P/QP DISTRICT (ZC09-001) AMENDING SAN RAFAEL MUNICIPAL CODE TITLE 14 — ZONING, SPECIFICALLY AMENDMING THE TEXT AND MAP OF THE MARIN SANITARY SERVICE MASTER PLAN AND LOCATED AT 1050 ANDERSEN DRIVE AND 535-565 JACOBY STREET APN'S: 018-180-72 THROUGH -76, AND 018-141-03 WHEREAS, Marin Sanitary Service (MSS) submitted zoning applications ZC09-001, UP09-020, ED09-031 and S09-002 to amend its current Master Plan in order to address minor changes to its operational use areas, open space lands, and an unpermitted expansion of mini - storage uses on its properties totaling 82.15 acres and located within the PD 1580 and I zoning districts; and WHEREAS, the zoning applications include a concurrent request by MSS and the Golden Gate Bridge Highway & Transportation District (GGBHTD) to rezone 2.78 acres of lands owned by GGBHTD from PD1580 to P/QP and separately permit (UPI4-006)the existing outdoor storage uses as interim uses on the property; and WIIEREAS, by adoption of a separate resolution, the San Rafael Planning Commission has recommended that the City Council adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (MMRP) prepared for the MSS Master Plan Amendment Project as the CEQA environmental document for the project; and WHEREAS, on June 23, 2015, the San Rafael Planning Commission held a duly noticed public hearing on the proposed zoning amendment requests and related entitlements, accepting all oral and written public testimony and the written report of the Community Development Department staff. NOW THEREFORE BE IT RESOLVED, the Planning Commission makes the following findings pursuant to San Rafael Municipal Code Title 14 relating to the zoning amendments: Findings (ZC09-001) A. The Planning Commission exercised its independent judgment and analysis, considered staff's recommendation and comments received during the public review period, and deternlined on the basis of the whole record before it that the Mitigated Negative Declaration for the project is appropriate and consistent with the provisions of CEQA in that: a. The project involves minor text and map amendments to an existing Planned Development District (PD) and minor revisions to use and operations of the existing Page No. 82 Marin Sanitary Service municipal waste management facility with negligible change in intensity of use, and b. Removal of unpermitted improvements in open space and work areas of the site has occurred and preservation of existing hillside open space areas and vegetation in the open space Area E is required as a condition of use permit and lot consolidation approval, and c. Mitigation measures have been identified in a mitigation monitoring and reporting program prepared for the project and will be required as conditions of the project approval to mitigate against any potential, though unlikely, environmental consequences that could occur to known biological resources and cultural resources as a result of site grading or tree removal associated with anticipated site work required to upgrade the site fire suppression equipment or as a result of future • structure improvements, and d. There is no substantial evidence that the project will have a significant effect on the environment. B. The proposed amendment of the subject 821.5 acre and 2.78 acre properties from PD1580 and I to revised PD and P/QP is consistent in principle with the General Plan 2020 given tha-j the rezoning would: a. Provide zoning designations for the subject Marin Sanitary Service facility and Golden Gate Bridge District properties that would allow continuation of the existing land uses and activities occurring on the subject properties b. The existing open space, interim outdoor storage, interim container storage, ancillary animal keeping and waste management facility uses and activities are consistent with the underlying General Plan 2020 Industrial and Conservation land use designations that apply to the properties. c. The new PD and P/QP zoning designations would be appropriate for the future anticipated potential development and/or re -use of the subject properties. C. The public health, safety and general welfare are served by the adoption of the proposed amendment in that it accommodates existing and future uses for the sites consistent with the needs and desires of the City and property owners in a manner that is consistent with the City of San Rafael General Plan 2020 and compatible with surrounding public, private and open space land uses, and all uses on the properties are subject to prior review and approval and ongoing compliance with land use permit approvals granted for each of the sites which assures ongoing compliance and regulation of the properties would occur. Page No. 83 The foregoing Resolution was adopted at the regular City of San Rafael Planning Commission meeting held on the June 23, 2015. Moved by Commissioner .Paul. Wise and seconded by Commissioner AYES: COMMISSIONERS Chair Schaeffer, Belletto, Davidson, Paul, Robertson, Wise NOES: COMMISSIONERS None ABSENT: COMMISSIONERS Lubamersky SAN RAFAEL PLANNING COMMISSION ATTEST: Paul A. Jensen, Secretary ATTACHMENTS: FIN Barrett Schaefer, Chair A. MSS Planned Development District Land Use and Development Standards B. MSS PD and GGBHTD P/QP Re -Zoning Map C. Legal Descriptions (MSS and GGBHTD) 3_ Page No. 84 Y�m �jq Zoning District & Development Standards M"IFTIM. The land area included in the MSS Pl) zoning • shall include 82.15 acres of the MSS property depicted on the attached Land Use Map exhibit (attachment B) incorporate by reference, encompassing approximately 82.15 acres. Iff, �*$ 1. =11111111111 NINO ro • MIFIRSIVNINIRI is ♦ a 1511 to at F.T.11 NMI I HIM 1113 1 RM LIVE (9j I IIIIAIM I ) Establish • and interim uses and activities ♦ the industrial designated Marin Sanitary Service waste management facility property that serves City of San Rafael and Marin County residents by providing municipal waste handling and recycling facilities, composed of a variety of waste management activities and uses including but not limited to solid waste and hazardous materials collection, processing, transfer, storage, treatment, disposal, composting, resource recovery and recycling operations, debris box and interim storage container and ancillary animal keeping activities; and 2) Continue to protect and preserve the existing prominent scenic hillside open space and San Quentin ridgeline area located on the open space/conservation designated portion of the Marin Sanitary Service property in a natural state. permitted under a Master Use Permit, which shall identify the activities permitted within v' designated land use areas shown on the Zoning District and Land Use Map exhibit and described herein. D. Land Use Areas Page No. 85 management, and maintenance of permitted paved and unpaved fire access roads. Routine maintenance of trees and vegetation is also permitted for fire management purposes. Fencing, signage and boundary markers shall designate the open space area boundary and prevent encroachment with operational activities. E. General Development Standards Floor Area: Industrial use Areas A through D shall be subject to a 0.38 industrial floor area limitation for storage and industrial facility operations, including up to twenty-five percent (25%) administrative office space allowance. Mini -storage uses may be permitted to exceed the floor area limitation, consistent with the provisions of the Zoning Ordinance. The open space/conservation use Area E shall be subject to a 0.0 floor area allowance; except that one existing legal non -conforming 1,886 square maintenance/storage structure may be maintained in good repair and condition consistent with the nonconforming use and structure provisions of the Zoning Ordinance. Yards: The minimum required front yard setback from Andersen Drive shall be 10 feet. This setback shall be landscaped. Maximum Building Height: 36 feet Minimum Landscaping: 10% Development of the site with additional structures, uses or improvements shall be reviewed based on the San Rafael Zoning Ordinance requirements (i.e., Site and Use Regulations, Performance Standards, Signs, and Environmental and Design Review). Should any conflicts arise between the provisions of this PD district and the additional Zoning Ordinance development standards, the community development director shall which standard is appropriate. F. Parking Requirements: Parking for uses shall be established by the Master Use Permit, based on the San Rafael Zoning Ordinance Parking Tables. G. Amendments Revisions to these MSS PD Development District and Zoning Standards document may be considered consistent with the provisions established in the Zoning Ordinance [End of document] 5 Page No. 86 PC Exhibit 4 (Revised June 23, 2015) RESOLUTION NO. 15 - RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED09-03 1), MASTER USE PERMIT (UP09-020), AND LOT CONSOLIDATION FOR AMENDMENT TO THE MARIN SANITARY SERVICE FACILITY MASTER PLAN LOCATED AT 1050 ANDERSEN DRIVE AND 535-565 JACOBY STREET APN'S: 018-180-72 THROUGH 76 WA&CL--AS, Marin Sanitary Service (MSS) submitted zoning applications 1! 11 UP09-020, ED09-031 and S09-002 to amend its current Master Plan in order to address minor changes to its operational use areas, open space lands, and an unpennitted expansion of storage uses on its properties totaling 82.15 acres and located within the PD1580 and I zoning districts; and WHEREAS, by adoption of a separate resolution, the San Rafael Planning Commission has recommended that the CiqvCwmnciLad-#X*d1GT4WJft Monitoring and Reporting Program (MMRP) prepared for the MSS Master Plan Amendment Project as the CEQA environmental document for the project; and WHEREAS, by adoption of a separate resolution, the San Rafael Planning Commission has recommended that the CityCouncil amend the 82.15 w * PD1580 and I zoning district to revised PD district; and WHERE -AS, by adoption of a separate resolution, the San Rafael Planning Commission has recommended that the City Council amend the zoning for the 2.78 acre Golden Gate Bridge to P/QP; and WHEREAS, the existing outdoor storage uses on the 2.78 acre Golden Gate Bridge Highway & Transportation District (GGBHTD) lands may continue as interim uses until such time as these use cease, which is anticipated to occur by May 2015; and WHEREAS, on June 23, 2015, the San Rafael Planning Commission held a duly noticed public hearing on the proposed Use Permit, Environmental and Design Review Permit and Lot Consolidation requests (UP09-020, ED09-031 and S09-002), accepting all oral and written public Lestimony and the written report of the Community Development Department staff NOW THEREFORE BE IT RESOLVED, the Planning Commission makes the following findings relating to the Use Permit, Environmental and Design Review Permit and Lot Consolidation requests for the MSS project: Page No. 87 Use Permit Findings (UP09-020) A. The Planning Commission exercised its independent judgment and analysis, considered staffs recommendation and comments received during the public review period, and determined on the basis of the whole record before it that the Mitigated Negative Declaration for the project is appropriate and consistent with the provisions of CEQA in that: a. The project involves minor text and map amendments to an existing Planned Development District (PD) and minor revisions to use and operations of the existing Marin Sanitary Service municipal waste management facility with negligible change in intensity of use, and b. Removal of unpermitted improvements in open space and work areas of the site has occurred and preservation of existing hillside open space areas and vegetation in the open space Area E is required as a condition of use permit and lot consolidation approval, and c. Mitigation measures have been identified in a mitigation monitoring and reporting program prepared for the project, including future anticipated waste to energy conversion facility equipment, and will be required as conditions of the project approval to mitigate against any potential, though unlikely, environmental consequences that could occur to known biological resources and cultural resources as a result of site grading or tree removal associated with anticipated site work required to upgrade the site fire suppression equipment or similar and other impacts identified that may occur as a result of future potential equipment or improvements, and d. There is no substantial evidence that the project will have a significant effect on the environment. B. The use as proposed and conditioned is in accord with the General Plan, the objectives of the Zoning Ordinance, the specific purposes of Chapter's 14.07 (Planned Development District), 14.16 (Site and Use Regulations), 14.18 (Parking Standards), 14.22 (Use Permits) , 14.25 (Design Review), and 14.27 (Amendments) as follows: a. The existing and future anticipated waste management facility uses, interim storage uses, and private open space uses are consistent with the underlying General Plan 2020 Conservation and Industrial land use designations which support the continuation of these existing activities on the site. b. The proposed MSS Master Plan Amendment has been reviewed for consistency with the applicable zoning provisions which assure that the zoning ordinance general purposes contained in SRMC Section 14.01.030 are satisfied. c. The specific standards of the PD zoning have been satisfied based on the fact that the project has been rezoned to a revised PD by separate ordinance that includes development standards and zoning provisions that implement the underlying General Plan 2020 Conservation and Industrial land use designations. d. The specific purposes of the applicable zoning ordinance provisions have been satisfied based upon the evaluation of the project for consistency with all applicable standards referenced above, including public review of the project entitlements, and M Page No. 88 by confirmation in staff s report and through the public review process that the site and use regulations, parking standards, use permit and design review criteria and findings have been considered and adequately addressed. C. The use as proposed and conditioned is consistent with the applicable zoning provisions given that the Master Use Permit would comply with the PD district development standards adopted for the site that implement the underlying General Plan 2020 land use designation. Furthermore, the standards adopted for the site are entirely in keeping with the 36 -foot maximum height limit, 0.38 maximum industrial floor area and 0.0 maximum open space floor area limitations, reasonable parking requirements, outdoor storage limitations, lot coverage and setback standards, landscaping and related development standards established by the Zoning Ordinance and General Plan 2020 for the site and adjacent developed industrial, commercial and open space areas. D. As conditioned, the project minimizes adverse environmental impacts and will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity given that the project has been reviewed by the appropriate agencies and conditioned accordingly. 19= A. The master design approval is in accord with the General Plan 2020 and the objectives of the Zoning Ordinance as outlined in Use Permit 09-020 Finding B above. B, The master design approval is in accord with the purposes of Chapter 14.25 (Design Review) and consistent with all applicable site, architecture and landscaping design criteria and guidelines for the subject PD district in which the site is located as follows: a. The site development complies with the existing and amended PD district criteria and development plan established for concurrent zoning amendment 1. 11 as Rather outlined in Use Permit 09-020 Finding C above b. The project would require enhancement and upgrade of the existing facility through new parking and landscaping improvements and no new construction is currently proposed that would alter the character of the site. c. The design criteria in Chapter 14.25 would be satisfied based on the minimal change proposed and requirement that any further improvements shall be subject to subsequent design review and approval. d. The building and improvements are appropriate for the proposed industrial and open space uses and compatible with surrounding developed commercial and industrial uses in the vicinity. e. No significant work or alterations are proposed within the hillside, wooded open space of Area E. f. Site access and circulation improvements would result in safe and efficient vehicle and emergency vehicle circulation. g. Conditions of approval require ongoing site maintenance. -3- Page No. 89 h. Upgrade to existing sites is encouraged in the Canal Neighborhood. There are no specific Canal Neighborhood design criteria that apply to the site. C. As conditioned, and discussed in Use Permit UP09-020 Finding A, the project design improvements minimizes adverse environmental impacts. D. As conditioned, and consistent with the Use Permit UP09-020 Finding D, the project design will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity given that the project has been reviewed by the appropriate agencies and conditioned accordingly. Lot Consolidation Findings (509-002) A. Pursuant to San Rafael Municipal Code Chapter 15.05, the consolidation of Parcels A through E into one parcel is appropriate and consistent with the City Subdivision Regulations, the State Subdivision Map Act, the property revised PD zoning, and building code requirements given that it is required to address areas of noncompliance with zoning standards, to allow extension of utilities to parcels that are currently land -locked and to assure ongoing maintenance of the property and preservation of the open space portion of the site by the current single property ownership. B. As proposed and conditioned, the lot consolidation would not have any adverse environmental impacts or affects to the health, safety or welfare of the general public or surrounding properties, as discussed in Use Permit 09-020 Finding A and D above. BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Rafael recommends to the City Council approval of the Master Use Permit, Environmental and Design Review Permit and Lot Consolidation subject to the following conditions: Use Permit Conditions (UP09-020) Community Development Department, Planning Division General Conditions 1. This Master Use Permit approval is granted for the continued operation of a waste management facility use on the subject property at 1050 Andersen Drive and 535-565 Jacoby Street, primarily established to provide municipal waste recovery, recycling, reduction, transfer and disposal of municipal waste material, and related services to San Rafael and surrounding communities within Marin County, as specified herein. This approval includes the future inclusion of new activities and technologies such as composting, waste to energy conversion equipment, etc., that are determined by the Community Development Director and local waste facility permitting agency to be consistent with the primary facility purpose to collect, process, manage and reduce municipal waste sent to sanitary landfills. 2. This Master Use Permit approval (UP09-020) shall supersede all prior use permit approvals granted for the approximately 82.15 acre Marin Sanitary Service (MSS) site, and shall apply -4- Page No. 90 to all existing and future uses on the property. Any future changes in uses of the site shall be subject to prior review and approval by the Planning Division for compliance with this use permit, the Master Development Plan, and to determine whether any amendment of the Master Use Permit shall be required. -20. The existing outdoor storage uses on the 2.78 acre parcel owned by the Golden Gate Bridge District, APN 0 18-141-03, mn continue as an interim use until such time as SMART begins right-of-wgy work in the area and precludes crossing of the rail lines (or at such time as notice to vacate is given by the Bridge District. 374. The applicant shall obtain all required permits(s) from local and state agencies as irequired prior to construction. of any additional facility improvements and for ongoing operations of the waste management facility; including but not necessarily limited to the Marin County Environmental Health, State Waste Resources Control Board, Ca Integrated Waste Management Board, Regional Water Quality Control Board and Bay Area Air Quality Management District. 4,5. Copies of permits required from the Ca Integrated Waste Management shall be provided to City upon request, prior to issuance of permits for construction of facility improvements. -5-.6. All uses of the site shall be consistent with the Planned Development zoning approval ZC09- 001, establishing the Master Plan and Zoning Standards for the subject site. 6-.7.The owner shall obtain separate permits for construction and / or establishment of waste management facility uses and site improvements allowed consistent with this master use permit approval. This includes but is not limited to any required building pen -nits, grading permits, encroachment permits and! or utility connections. -7-.8.New structures and / or site improvements shall be subject to subsequent design review and approval as required by the Master Development Plan and/or zoning district standards or determined by the Community Development Director. This includes but is not limited to any new grading, new permanent structures for outdoor storage areas, caretaker unit, animal shelters, significant landscape modifications or new parking or lighting improvements. k7"Vn11=- 41• 8-.9. Marin Sanitary Service (MSS) Waste Management Facility operations shall be permi&#O within the designated "Work areas", Areas A through D as shown on the Master Use Pennil Land Use Map (development plan). These work areas are generally located at the base of the property hillside slope, outside of and below the open space Area E, in previously filled and graded site areas. The work areas contain all structures, outdoor yard and materials processing areas, ancillary sales and storage of resource and recovery materials, and interim storage uses permitted as a part of the MSS facility operations. Area E is a steeply upsloping and wooded portion of the site extending up to San Quentin Ridge and San Rafael corporate boundary to the south that shall be preserved and maintained as private open space. General uses and activities permitted in the work and open space areas are as follows: Area A — Approximately 12.2 acres of MSS property area located at 1050 Andersen Drive, between Andersen Drive and Jacoby Street, containing the majority of the MSS -5- Page No. 91 waste management facility buildings (i.e., recycling center, transfer stations, resource recovery, household hazardous waste, metals and wood materials recovery, administrative offices, 72 covered truck parking and loading docks, etc.) The area contains approximately 237,716 square feet in building area and 54,307 square feet of covered parking structures. An educational classroom facility associated with the MSS use has historically been located on the upper floor of the recycling building. • Area B — Approximately 5.12 acres south of Jacoby Street at the site entrance of Jacoby Street, permitting the following: a) Up to 395 portable container units for public self-storage/contractor storage, as an interim use of the site area which shall be reserved for future operational activities and uses. b) Existing small animal husbandry pen and shelters housing approximately 50 `barnyard' animals (e,g., swine, goats, horses used for stripping yard waste) as interim use of the site area. c) Future MSS facility operations, including but not limited to inert processing, storage, recycling and ancillary sales of materials. • Area C — Approximately 5.92 acres just east of Area A and Area B, used for inert processing operations including concrete recycling recovery and bulk storage of soil products (including interim retail soils sales use by A&S Landscape Materials), fire wood storage above a gabion wall, and ancillary sales of materials associated with and in support of recovery operations. No existing structures currently. Area D — Approximately 8.03 acres at the west end of the site, permitting the following: a) Inert processing operations including bulk storage and soil recycling b) Up to 54 portable container units for MSS operations. c) Up to 233 portable container units for public self-storage/contractor storage, as an interim use of the site area which shall be reserved for future operational activities and uses. d) 10,200 square foot Resource Recovery and Storage building. Ancillary sales of materials associated with and in support of recovery operations is also a part of operations. e) Future MSS facility operational activities and uses Area E — Approximately 50.87 acres shall be preserved as private hillside open space, south of the operational "work" areas A through D. This Area contains paved fire roads, limited grazing, bee and animal keeping, and a 1,886 square foot existing storage shed located just above 100 foot contour elevation near the common border of Area C and D. The following specific conditions apply to the open space Area E: a) The open space boundary for Area E shall be permanently established to protect and secure the area as private open space, as shown on the approved development plan map that addresses existing encroachments, removal of unpermitted uses and activities, and installation of gates and markers to clearly demarcate the open space boundary. b) The restriction on use of Area E as private open space shall be included in the revised property deed description. -6- Page No. 92 c) The approximately 265,000 square feet of concrete paving placed on the fire roads and creating excess paved areas throughout the private open space Area E may be permitted to remain, provided that they shall not be expanded nor used for storage of any materials or containers in a permanent or temporary based. d) Removal of concrete paving may be allowed subject to obtaining any required grading permits from the City. e) The paved roqdways permitted to remain in the open space area shall be maintained in good repair and condition. This shall include patching��� potholes and maintaining drainage controls. A grading permit shall be obtained for removal,,,, i _� - jk4if t, rqpai-Qfp4yqd roadway material and/or drainage systems. e)D.Limited structures for existing permitted animal keeping operations may be maintained, and may be replaced subject to prior review and approval by the Planning Division. 9,10. All five (5) MSS facility Parcels A through E shall be merged as one legal lot of recor pursuant to concurrent Lot Consolidation Approval S09-002. The lot consolidation deed sh describe the Open Space Area E boundary and limitations on use and access for this are which shall be maintained as private open space with limited uses and improvements described in use pen -nit condition 8 above. 4,0-.11. If the improved portion of Jacoby Street right of way (located at the westerly end of t site and within the current access gates) is abandoned and title is transferred to the applic this area shall be covered by the master use permit and generally be identified as a part Area B. I 44-.12. The following parking requirements shall apply: a) On-site parking for the use shall be increased from the pre-existing 198 spaces to 228 spaces, as indicated on approved project plans. b) Additional parking for new or expanded buildings shall be required as determined by the Community Development Director based on review of the subject PD zoning standards and Municipal Code regulations. c) Off-street parking spaces for employees and visitors shall be maintained clear of materials and / or storage and available for parking at all times. d) The applicant shall install at least three (3) spaces for alternative fuel vehicles. Further, pre -wiring for electric vehicle charging stations shall be considered. e) New or additional bicycle parking spaces shall be provided at 1050 Andersen Drive (Area A) to bring the bicycle parking up to code for the parking lot expansio eensistiag-ef-_. This shall require at least two (2) short-term parking spaces. 4-2-.13. The following limitations on hours of operations shall apply to the MSS facility use: -7- Page No. 93 a) On weekdays, MSS waste management facility shall be permitted to operate from 6AM and close to the public no later than 4:00 PM Monday through Friday, with the following restrictions: i. Signage shall be posted and maintained on the site access gates that states "Gates Close at 4:00 PM". ii. No additional vehicles shall be permitted to enter the facility for waste management services after 4:00 PM. iii. No further vehicle queuing shall be allowed if vehicles cannot be served by the 4:00 PM closing time. b) On Saturday and Sunday the facility operations shall be permitted during normal daytime hours of 6AM to 9PM, and compliance with the City Noise Ordinance. c) Use of educational classroom facilities (currently established on the upper floor of the existing recycling facility building on Area A) may be re -opened after 6:30 PM Monday through Friday. 4-3-.14. The following additional operational restrictions shall apply to the MSS facility use: a) On-site disposal or storage of waste material collected by MSS and intended for transfer to a landfill is not permitted. b) Open burning of waste material is not proposed, nor permitted. c) This use permit approval does not include approval for any off-site work areas. d) Perimeter fencing with privacy slat screening shall also be maintained between the site work areas and adjacent developed properties to the north, east and west, as necessary to screen site activities from public view. e) Materials, vehicles and containers stored within the approved work areas shall, in general, be kept no higher than twenty feet (20') above the ground surface. fl Appliances and other metal parts to be crushed shall have all liquids removed only in accordance with nationally accepted practices and federal, state and local laws and ordinances. All such liquids shall be collected in containers and prevented from entering sewers and storm drains, and disposed of off-site in accordance with state and federal standards for the materials. g) Stored (unused) debris containers shall be drained, covered and maintained to prevent retention of rainwater. h) Minor expansions and/or alterations of buildings and uses may be allowed to accommodate future waste management needs of the communities served by MSS and which are determined by the Community Development Director to be minor and consistent with the master use permit approval and development plan. i) Design review approval shall be required for new structures or improvements, as required by the Municipal Code, and/or as determined by the Community Development Director. -8- Page No. 94 j) One (1) caretaker unit may be provided on-site, subject r. and approval of th4 size and location by the Planning Department and issuance of a building permit. 44-.15. The followina noise, odor and hazardous materials controls shall apply to the use: a) The site activities shall not result in or generate noise levels that would exceed 70 dBA (Ldn) measured at the property exterior boundary lines. b) All machinery within buildings and vehicles within yard areas shall be properly maintained and muffled. c) MSS shall manage and control potential odors associated with its waste recovery, transfer and handling to assure that undue odors from waste management operations are not detectable off-site. Additional measures shall be required if the site generates future odor issues as a result of facility operations. d) Measures to control dust and debris shall be implemented at all times. Public contact with reclaimed water utilized for dust control purposes shall not be allowed. e) On-site composting activities shall be governed by state regulatory authorities including Regional Water Quality, Regional Air Quality, and subject to best management practices. f) All required local or state toxic waste permits from the Bay Area Air Quality Management District shall be maintained as required for the site. A "risk screen" which analyzes potential toxic emissions for the household hazardous waste collection center shall be prepared/maintained/updated, as required. g) Mitigations affecting the generation of odors associated with the facility operations, including within the on-site transfer station and materials recovery building, shall be consistent with mitigations identified in the Report of Station Information (solid waste permit) (submitted for prior UP96-8). h) Mitigations affecting the generation of noise associated with the facility operations, including within the on-site transfer station and materials recovery building, shall be consistent with mitigations identified in the Report of Station Information (solid waste permit) (submitted for prior UP96-8). Specifically, employees located within these facilities shall be provided ear plugs. i) Mitigations affecting the load checking program for illegal hazardous waste disposal within the on-site transfer station and materials recovery building, shall be consistent with mitigations identified in the Report of Station Information (solid waste permit) (submitted for prior UP96-8). j) Construction and daily operations of the facility shall be in accordance with the 'Proposal to Establish an Household Hazardous Waste Collection Center and Operate a Mobile Satellite Facility', prepared for the County of Marin (per prior UP96-8). k) The following measures have been required to incorporated into the permit and shall be enforced for the duration of the use and future modifications: (1) The hazardous materials collection area shall be covered with a metal roof with bins provided for materials; (2) Each hazardous material shall be stored in separate containers; (3) An Page No. 95 employee training plan shall be prepared and implemented; (4) A separate drainage plan for the facility shall be prepared; (5) Appropriate fire extinguishing equipment shall be located on-site; (6) Customers shall remain in vehicles during the removal of the household hazardous waste materials. 1) Recycling of motor vehicle oil, car batteries, latex paints shall be consistent with the Hazardous Materials Management Plan established for the operations of this facility. (per prior UP96-8) 43:16. The interim public and contractor storage container use shall be subject to the following conditions: a) Approval of up to 628 containers is granted for rent to the general public and/or contractors for personal storage use, subject to the payment of traffic mitigation fees for increased trips above the baseline level established by DPW (e.g., 240 existing storage containers as approved in 1992). b) Public storage container use within Area B shall maintain a six-foot (6') high chain- link fence enclosure with privacy slat inserts around the use. c) All containers including any additional storage containers proposed for use by MSS shall be subject to prior review and approval of placement by the City Community Development Department, Fire Department and Public Works Departments. d) Administrative design review shall be required for modification of container placement. 417. The ancillary animal husbandry area of the project shall be consistent with the following conditions. a) Pens shall be cleaned at least once a day to remove animal waste in solid bedding. b) Fresh straw/woodchips and / or sawdust "bedding" shall be applied to the area on a weekly or bi-weekly basis. c) The "bedding" and other solid waste material shall be deposited in a closed dumpster prior to disposal off-site to prevent flies and pests. d) Dumpsters shall be cleaned routinely to prevent fly breeding. e) The area shall be swept free of all debris, fecal material and food wastes before washing this area down. f) Food shall be adequately stored in an area that is kept clean and is sealed to prevent attraction of rodents. g) All activities within the animal husbandry area shall comply with the requirements or recommendations of the Marin Humane Society. 44:18. Site and building improvements, as well as all new required parking, landscaping, drainage, and associated proposed and required site improvements shall be installed and maintained in compliance with the requirements of concurrent approval ED09-031. This shall include, but not be limited to the following, as indicated on approved project plans and/or required herein: -10- Page No. 96 a) Install new drainage improvements, stormwater bio-swales and landscape improvements. b) Provide improved fire protection for the site (e.g., new 8" fire lines with three new fire hydrants in Area D, new fire hydrants in Area C, one new hydrant in Area B, or as otherwise approved by the Fire Department at time of issuance of require4-' construction/grading permits). c) Install separation fencing, gates and/or it to demarcate the open space boundary Area E from work areas, Area B through D. d) Provide signage on access gates into open space Area E identifying that the area is Restricted Private Open Space. e) Obtain a building permit and final inspections for the gabion wall constructed in Area C. f) Install landscape screening as indicated on approved plans. g) Install/maintain lighting for the site as required by project design approvals, ED09- 031. 44-.19. Prior to approval of installation of future bio -mass and/or anaerobic digestion equipment on the site, the applicant shall prepare and implement a Fire Safety Plan that outlines fire hazards, describes facility operations procedures to prevent ignition of fires, requires regular inspection of fire suppression systems, and provides worker training in safety procedures as well as protocols for responding to fire incidents. The Fire Safety Plan shall be reviewed and approved by the local fire enforcement agency. (Implement Mitigation Measure HAZ-1). 4-9-.20. Project environmental mitigation measures shall be implemented and traffic mitigation fees for the container storage uses shall be paid as identified in the design review conditions ED09-03 1. 2-0,21. This amended Master Use Permit approval for MSS shall be valid for the duration of the use. However, within sixty (60) days from date of approval the applicant shall pursue all requirements necessary to address existing areas of noncompliance. All work shall then be pursued diligently to completion, in compliance with the approved phasing plan as outlined in ED09-031 conditions of approval. 24-.22. This Master Use Permit Uill -020 shall run concurrently with Master Design Review permit ED09-031 and Lot consolidation S09-002 approvals. L9=1! '11106TIIFI on 1 0 0 6 9 1. The applicant shall submit a $2,000.00 deposit to the Community Development Department, Planning Division for condition compliance and mitigation monitoring. This deposit shall be Page No. 97 used to cover the full cost of staff time required to ensure established deadlines are satisfied, required permits are obtained, required improvements are installed, and environmental mitigation measures are implemented as required. herein. This shall include annual monitoring required for the first four (44) years following project approval to confirm ongoing compliance with the MSS Master Plan is maintained. The applicant shall submit a monitoring report to the Community Development Department, Planning Division, by January 1 of each year beginning January 1, 2016 through January 1, 2020. The monitoring shall address Areas A through E to confirm all activities and improvements are being maintained and/or used in compliance with moiect approvals. This shall include the following components: a. Container storage areas on Area B and Area D quantity and placement remains- compliant emainscompliant with approvals. b. Open Space Areas are being maintained free of storage of any equipment or materials, permitted roadways are inog od repair and condition. c. Barrier markers, fencing and landscaping are in place and in good condition. d. Staff will conduct site visits as needed to confirm the monitoring report. Vie. Formal monitoring shall be continued after the initial four year period if deemed necessary by the Community Development Director. The schedule may be adjusted to bi-annual, and may be discontinued if szood faith compliance has been demonstrated. 2. This Environmental and Design Review Permit approval (ED09-031) shall supersede all prior design permit approvals granted for Marin Sanitary Service (MSS) site. Any alterations or additions shall be subject to prior review and approval by the Planning Division for compliance with this approval and the Master Development Plan. 3. New structures and significant site improvements shall be subject to prior design review and approval by the City Planning Division. Changes to building colors, materials, details and fences, landscaping, lighting and parking lot improvements shall be subject to review by the Planning Division to assure compliance is maintained with the project approvals and City design criteria. 4. No signage is included as a part of this approval. Signage shall be subject to separate review and approval of a sign review permit. 5. All landscaping shall be maintained in a healthy and thriving condition, free of weeds and debris. Dead, dying or diseased plant materials shall be replaced with an equivalent size, type of planting at time of replacement. 6. Building, fencing and site improvements shall be maintained in good repair and condition at all times. 7. The conditions of ED09-031 shall be included in project plan sheets. 8. This Master Design Review Permit Approval (ED09-031) for the MSS facility shall be valid for the duration of the use. However, within sixty 60 days from approval of this MSS Master Plan Amendment project, the applicant shall pursue work to implement the project and address areas of non-compliance, and pursue work diligently to completion within 6 months but not more than 1 year from issuance of permits; including but not Iimited to construction -12- Page No. 98 of walls, parking improvements, container storage, bioswales, drainage, landscaping work and fire access and suppression improvements, and roadway abandonment, in accordance with the following phasing schedule: The following work shall commence within 60 days ofgRproval a. Payment of $2,000 deposit for condition and mitigation monitoring. b. Install pipe markers, gates and signs defining the boundary of Area E Open space c. Construct the approved storm drain diverting water from Jacoby Street system. d. Submit plans for permits for gabion wall review and approval. Pursue work and inspections within 6 months of permit issuance. e. Record property consolidation documents. �Y .&J"nitiat in..9QAqjLsoL -a f. Submit plans for permits for installation of new fire lines on relocation of water meters and lines on Jacoby Street, and installation of fire sprinklers for Quonset Hut building (on Area D). Pursue work diligently within 6 months of permit issuance and not more than I year to completion. g. Submit plans for permits to complete Jacoby Street hammerhead turn around and Jacoby Street driveway to Area B. Pursue work diligently to completion within 6 months of permit issuance and not more than I year to completion. h. Initiate removal and relocation of storage containers on Areas B & D, and pay traffic gation fees. i. Submit civil and landscape plans to City and MMWD for review and approval, and initiate installation of landscaping above the gabion wall. Pursue work to completion within 6 months of approval of final plans. j. Obtain permits to pursue concrete demolition work in open space lands. k. Submit plans for parking lot and landscaping improvements. Pursue work diligently to completion within 6 months and not more than I year from approval of permits for construction. The followiniz work shall be coMpleted within 6 months from approval 1. Record documents for vacation of Jacoby Street and creation of easements. WIT4111=5 W Community Development Department, Building Division 9. Commencement of work and payment of fees shall be in accordance with the phasing schedule described in conditio L 10. Building permits shall be obtained for placement of new containers, structures, parking improvements and for the gabion wall and retaining walls constructed on the property. Page No. 99 11. Designs of the existing walls built without prior permits are subject to engineering peer review. 12. Payment of required traffic mitigation fees in the current amount of $4,246 per net new vehicle trip (above 1992 baseline conditions, to address increased trips from new public storage container uses to remain, as determined by the Department of Public Works) shall be required. The current fee payment is required for 154 net new trips, or $653.884.00; based on the 1992 baseline less reduction for historic trips and containers to be removed. Fee payment shall be made either within 60 days of approval or prior to issuance of permits required for implementation of the project, or pursuant to a payment schedule as otherwise established by the Department of Public Works. (Implement Mitigation Measure TR -1). 13. A geotechnical investigation (soils report) shall be submitted for review by the City Building Division (and Public Works, if deemed necessary) prior to issuance of site grading and building permits. 14. Site grading activities and operations shall be subject to a statewide NPDES permit, erosion control plan and stormwater pollution prevention program requirements. 15. All mechanical equipment (i.e., air conditioning units, meters and transformers) and appurtenances not entirely enclosed within the structure (on side of building or roof) shall be screened from public view. The method used to accomplish the screening shall be indicated on the building plans and approved by the Planning Division prior to issuance of a building permit. 16. Prior to issuance of a building permit, the applicant is to comply with conditions of the Marin Municipal Water District for the landscaping improvements. 17. A building permit shall be obtained for permitted and approved site improvements, including the existing "bulkhead" and "gabion" retaining walls on Area C which have a combined height of approximately 41' above finished grade, for parking and landscape modifications and for the approved interim container storage uses. 18. Grading, encroachment and other permits shall be obtained as required by the City for new utility improvements, frrelines, as well as any grading required for parking, landscaping, driveway or site access modifications. 19. The owner shall comply with the requirements of the City and utility service providers for abandonment and vacation of a portion of improved and unimproved Jacoby Street right of way that extends past an existing access gate into the site. 20. The revised MSS facility project improvements require a pipeline extension agreement with Marin Municipal Water District (MMWD) for installation of infrastructure facilities and water service connection to new fire hydrants, and new water hookups and utility easements associated with abandonment of a portion of the improved Jacoby Street right of way. 21. The project landscaping plan shall be submitted to MMWD to assure compliance with the Water -Efficient Landscape Ordinance, adopted by the City of San Rafael by reference in its zoning regulations Chapter 14.16. -14- Page No. 100 wqmm M IT = 7-1 M# 11 M mm 7-P T * #4 . 11 IMMEWMally-T-'711174 compliant with ADA requirements; including provision of accessible container storage in Area B and Area D. un i 2 b-Bi6ibl-nLy 4 this project as presented for approval by the Planning Commission on updated plans da I stamped •approved [Approval Date] and as conditioned herein, shall be the same as require for the issuance of a permits required for construction and improvements proposed • required herein. Any future additions, expansions, remodeling, etc., shall be subject to t review and approval of the Community Development Director. ' Public'Works Department 24. A grading permit shall be obtained for proposed and required site work including but n limited to landscaping, parking lot improvements, pavement replacement or remova installation of bio-swales, stormdrainage improvements, utilities and fire lines. 25. The applicant shall submit documents and a $4,000 deposit for processing of the vacation Jacoby Street Right or Way that extends through the site to the Department of Public Work Provide a plat, description and closure calculations for the vacation of roadway on site, and written justification which delineates a public benefit for vacation of this roadway. 26. Bio-swale and storindrain improvements shall be implemented as indicated on approvei project plans date stamp approved [Approval Datel, in compliance with the timelin established in this updated and amended master plan approval (permitting revisions to M%i facility work areas and expansion of storage container uses on the site). 27. An with the application for a building permit. 28. A level B soils report shall be submitted with an application for building permits for nel construction. rMEMT-1116 - 1 9 0 1 - 1 0 ITIT-s=11317W graiting pen -rut MItTiremenis relaxing to erosion ana dust control including submission and approval of the following: (1) An engineered site plan which shows all existing and proposed site conditions; and (2) A siltation and erosion control plan which includes a proposal for replanting and maintenance of graded slopes. 31. All grading activities shall be subject to issuance of a grading permit by the Department of Public works and will be subject to statewide general construction activity NPDES permit issued by the Ca Regional Water Quality Control Board prior to issuance of grading permits. A stormwater pollution prevention plan shall also be prepared and submitted. i3ljAkdd ' nlan shall be sub-tuiVed ani -?u rQve,e nrior to issu,? kairiag, -fee of co-c-structigi-t or y g&m L 33. The stormwater runoff plan will be subject to a statewide general construction activity NPDES permit, issued by the Ca Regional Water Quality Control Board. This permit will require elimination of all non-stormwater discharges; development of a stormwater pollution prevention plan for erosion, runoff and materials disposal; and development of an ongoing monitoring plan. The stormwater pollution plan shall incorporate the following information: - 15 - Page No. 101 (1) The areas utilized for composting activities shall be bermed or otherwise managed to prevent pollution to the stormwater system and entry into the San Francisco Bay; (2) The animal husbandry yard area shall be managed in accordance with the Ca Code of Regulations, Title 23, Chapter 15, Article 6 (Confined Animal Facilities) (or current regulations) to prevent pollution of stormwater with animal waste; (3) The household hazardous waste facility shall be constructed so that there is no potential contamination of sewer or stormwater systems in the event of a hazardous materials spill. The area shall be self-contained with no drainage to the sanitary or storm sewers. Site mitigation for potential hazardous waste spills will need to include a spill contingency plan, proper chemical storage and employee training plan; (4) Vehicle maintenance or wash areas shall not drain to the storm sewers. Any such discharges shall be recycled or plumbed to go to the sanitary sewer. Potential drainage from wash waters or rain water that traverses the transfer station or resource recovery center shall also be contained and prevented from entering the stormwater system. This permit shall be obtained prior to site grading or construction permits. 34. Final plans shall show parking space and aisles that meet minimum size dimensions of the municipal code, which requires a 9' x 19' standard space dimension. Further, all spaces must be located on the MSS private property. 35. The applicant shall provide traffic mitigation fee for additional trips generated by the increased storage container and use of the site (above established 1992 baseline condition); i.e., current fee of $4,246.00 per trip for uW to 234 trips (162am and 72 PM), minus credits that will be granted for containers that are required to be removed. Payment shall be calculated by the applicant and submitted to the Department of Public Works for review based on the final net new containers to remain. The payment shall be made at time of issuance of building or grading permit(s) for site work, but not less than six (6) months from date of zoning approval for the continued use; as required by the Department of Public Works. 36. Provide an accessible parking plan for storage containers, with compliant grades. Provide sections in the subject areas showing that containers are accessible. 37. Final plans shall be revised to remove any drive aisle obstructions. 38. Provide a minimum 26 foot aisle width as necessary for back-up dimension from parking 90 - degree or angled spaces. All other aisle widths shall be as specified by Fire Department, and by Public Works or Community Development in accordance with Municipal Code Chapter 14.18. 39. Provide details for new driveway entrance to ministorage area which is shown as proposed across the drainage ditch and provide a driveway profile, for review and approval. 40. Final plans shall be provided clearly identifying container removal and final container placement. 41. Provide information on systems in place, or proposed or required to manage effluent from the animal husbandry area and the American Soil Product (and outdoor work areas) to control contaminants and prevent them from entering public stormdrain systems and the San Francisco Bay. Plans that show the permanent filtration systems on the site are required. -16- Page No. 102 Additional filtration system(s) may be required for these areas as well as other areas of the site. 42. Include the standard City plan sheet "Pollution Prevention — It's Part of the Plan" in all construction documents. The applicant shall install all erosion control measures prior to any construction. 43. If existing access road paving is removed, revegetation shall be required with native seed planting and shall be shown on final plans. A restoration detail shall be provided for areas that are disturbed and that are proposed or required to be restored. Modify the lege and details for final plans as appropriate. Fire Department 44. Fire line and fire hydrant improvements shall be implemented for the project as indicated approved project plans dated stamp approved [Approval Date], in compliance with t timelines established in this updated and amended master plan approval (permitting revisio to MSS facility work areas and expansion of storage container uses on the site). Permits installation of the new lines and hydrants shall be pursued within the first (I st) year from da of project approval, and installation completed within two (2) years from date of approval. 45. The design and construction of all site alterations shall comply with the 2013 California Fi Code, as adopted and amended by the City of San Rafael Municipal Code. 46. Plans for final parking lot and access designs, and placement of container storage shall submitted to the Fire Department for review and approval to review and approve final fi apparatus access and water supply improvements required to serve the premises, as propose Fire lane and access improvements shall be initiated within si&ty (60) dgys of proje approval and completed within a timely manner, as directed by the Fire Marshall. 47. An automatic fire sprinkler system for the Quonset hut approved under prior ED98-13 (identified as the Museum Building) was required as a condition of approval. The Fire Perin previously issued for installation of water tanks, fireline underground, fire hydrant automatic sprinkler system that were approved and required but not installed for this buildi shall be addressed as a condition of this master plan amendment. Pen -nits shall be pursue$ within sixty (60) days of project approval and all work pursued diligently to completion. I 48. Final plan revisions for construction shall address the MMVVD requirement for installation of a water meter and backflow preventer at the property line. 49. Marin Sanitary Service shall maintain an adequate water supply and fire suppression system throughout the life of the Resource Recovery Facility. Police Department 50. All exterior lighting shall be to the satisfaction of the Police Department. 51. All lighting shall be on a master photo electric cell. Mai -in Municipal Water District 52. Lot consolidation is required in order to extend water service to the currently landlocked parcels. Page No. 103 53. As a result of the proposed abandonment and vacation of a portion of the Jacoby Street right of way by the City of San Rafael, the District intends to abandon all water facilities outside of the public right of way. Based on information provided the facilities to be abandoned include two currently public hydrants HY-06169 and HY-06857. A service will be required to be installed at the new terminus of the water main within the Jacoby Street right of way. All costs associated with the service installation ad property quitclaim shall be borne by the applicant (MSS). 54. Compliance with all indoor and outdoor requirements of District Code Title 13 — Water Conservation is a condition of water service. Indoor plumbing fixtures must meet specific efficiency requirements. 55. Landscape plans shall be submitted and reviewed by MMWD to confirm compliance prior to issuance of permits by the City of San Rafael. The Code requires a landscape plan, irrigation plan and grading plan. Contact the Water Conservation Department for more information at (415) 945-1497 and/or online at www.marinwater.ora. 56. Should backflow protection be required, said protection shall be installed as a condition of water service. Contact the Backflow Prevention Coordinator for more information at (415) 945-1559. During Construction 57. Construction activities shall comply with City's Noise Ordinance. 58. If, during the course of construction, cultural, archaeological or paleontological resources are uncovered at the site (surface or subsurface resources) work shall be halted immediately within 50 meters (150 feet) of the find until it can be evaluated by a qualified professional archaeologist. The City of San Rafael Planning Division and a qualified archaeologist (i.e., an archaeologist registered with the Society of Professional Archaeologists) shall be immediately contacted by the responsible individual present on-site. When contacted, the project planner and the archaeologist shall immediately visit the site to determine the extent of the resources and to develop proper mitigation measures required for the discovery. 59. Parking supply for the use shall be provided as indicated on plans to increase on-site parking from 198 spaces to 228 spaces, as follows: Area A 177 spaces (increase from 158 spaces) Area B — 21 spaces (increase from 15 spaces) Area C —18 spaces (no change) Area D —12 spaces (increase from 7 spaces) Area E — No permanent parking spaces are proposed, required or permitted 60. New parking spaces shall comply with the Chapter 14.18 Parking Standards dimensions; i.e., meeting `compact' parking and standard dimensions (8' x 16' compact and 9' x 19' standard) and maintain minimum required 20' drive aisle width and 26' backup space dimensions. 61. Fencing and barriers shall be installed as indicated on approved plans. This includes provision of separation fencing, gates and posts to demarcate the open space Area E boundary. Storage areas on Area B shall also be maintained within a six foot (6') high chain- link fenced yard with privacy slat inserts. Perimeter fencing shall also be maintained between -18- Page No. 104 the site and ad acent properties in good repair and condition. Privacy slats shall be installed 1i and maintained as needed to screen outdoor operational use areas from public view or ad acent parking lots. j R 2. Landsca ,#e and fefti9ftrip, two-vamim-011 Lillyl-4714wi plans, specifically as proposed and required to screen storage above Area C and restore the natural vegetated appearance of the adjacent hillside setting. Revegetated areas adjacent to the hillside open space Area E shall consist primarily of native trees and shrubs, planted in Lv! random pattern, drip -irrigated and staked, where necessary. 63. Engineered bioswales covered predominantly with native grasses shall be provided to meet SWPPP (Storm Water Pollution Prevention Program) requirements, as indicated on approved project plans. 64. New drainage improvernents along the main access road at the terminus of Jacoby Street shall be installed as indicated on approved plans. 65. Erosion control practices shall be implernented as indicated on approved plans. 66. The project mitigation measures required for the amendment to the MSS facility, including expansion of the interim public storage uses, legalization of improvements in former open space areas, providing fire suppression and landscaping improvement enhancements, etc. shall be implemented in accordance with the project mitigation measures, as follows: a. Implement gation AIR -1. During active construction, the applicant shall require constrUction contractors to implement all the BAAQMD's Basic Construction Mitigation Measures, listed below: L All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day, or more often if needed to control ftigitive dust. ii. All haul trucks transporting soil, sand, or other loose material off-sil shall be covered. iii. All visible mud or dirt track -out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. iv. All vehicle speeds on unpaved roads shall be limited to 15 mph. v. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. vi. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. vii. All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper _19 - Page No. 105 condition prior to operation. viii. Post a publicly visible sign with the applicant's telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District's phone number shall also be visible to ensure compliance with applicable regulations. b. Implement Mitigation Measure AIR -2. The applicant shall develop and comply with an Odor Impact Minimization Plan (GIMP) pursuant to the requirements of the California Code of Regulations, Title 14, Division 7, Chapter 3. 1, Article 3, Section 17863.4. Once complete, the OIMP shall be submitted to the LEA for a 30 - day period for review and comment. c. Implement Mitigation Measure BR -1. Any tree removal or trimming work shall take place between September 1" and October 31s`, which falls outside the breeding bird window and avoids both the maternity and hibernation period for bats. Tree removal can take place during this period without a breeding bird or bat roost survey. This does not include removing fallen trees, which can be removed at any time. d. Implement Mitigation Measure 1111-2. If brush clearing or ground disturbance is required within the Study Area, these activities shall be conducted outside of the breeding bird season which begins February 15L and lasts through August 31".The exception is for clearing weedy brush, such as French broom, that overhangs existing fire roads. Brush may be removed to the outer extent of the road at any time of the year without pre -construction surveys, if the road is regularly disturbed by active traffic. Removal of brush outside the outer edge of the road or on roads not regularly disturbed by active traffic should have pre -construction surveys. e. Implement Mitigation Measure BR -3. In the event that initial ground disturbance, vegetation removal or construction cannot be scheduled outside the breeding bird season (February through August), a wildlife biologist shall conduct a breeding bird survey at least fourteen (14) days prior to the onset of the activity to determine if nesting birds are present. In the event that nesting birds are identified to be present, further mitigation may be required as recommended by the biologist, including establishing buffers no less than fifty (50) feet from active nest until young birds have fledged the nest. Larger buffers may be required for nesting birds of prey or special status species. The consulting biologist will provide a specific buffer based on agency guidelines, which species has been identified as nesting within the area and the presence of natural visual and auditory buffers (such as large stands of trees or hillsides). f. Implement Mitigation Measure BR -4. If ground disturbance or tree removal occur during the bat roosting season (November lst through August 31s), potential bat roosts shall be inspected for the presence of bats prior to the start of work. Potential bat roosts include cavities in trees, exfoliating bark, snags, and cracks in large rocks. If a maternity roost is detected, up to a two -hundred (200) foot buffer shall be placed around the maternity site, and once the roost is clear for removal, a replacement structure such as a `bat box' should be created within the vicinity, as recommended by the wildlife biologist. In the event that bats are detected using a non -maternity -20- Page No. 106 roost site, one possible mitigation measure would be the placement of exclusion devices to potential entrance and exit hole after dusk once the bats have left the roost to • g. Implement Mitigation Measure CR -1. To •. potential damage to any recorded cultural resource during grading, excavation or soil disturbance activities in the vicinity of any recorded cultural resource, including activities to remove concrete improvements to the existing fire road network, archaeological investigation should be undertaken to determine the exact boundary of the remaining deposit, the condition of the remaining deposit and the potential for significance of the archaeological site. A Native American monitor should also be present. The procedures to follow for archaeological and Native American monitoring of a cultural resource site are presented in Cultural Resources mitigation measures CR -2 and CR -3, h. Implement Mitigation Measure CR -2. To mitigate potential damage to any recorded cultural resource during grading, excavation or soil disturbance activities in the vicinity of any recorded cultural resource, archaeological monitoring shall occur, based on the following procedures: i. Monitoring will consist of directly watching the major excavation process. Monitoring will occur during the entire work day and will continue on a daily basis unit the depth of excavation has been reached at which the cultural resource no longer is present. This depth is estimated as usually five feet (5') below existing grade but may require modification as determined by the monitoring archaeologist and the observed soil conditions. ii. Spot checks will consist of partial monitoring the progress of excavation over the course of the project. Monitoring all spoils materials, open excavation, recently grubbed areas, and other soil disturbances will be inspected. The frequency and duration of spot checks will be based on the relative sensitivity of the exposed soils and active work areas. The monitoring archaeologist shall determine the relative sensitivity of the cultural resource site. iii. If prehistoric human interments (human burials) are encountered within the native soils of the cultural resource site, all work shall be halted in the immediate vicinity of the find. The County Coroner, project superintendent, and the project planner (or a representative of the Lead Agency, City of San Rafael Community Development Department, Planning Division) shall be contacted immediately. The procedures to • followed at this point are prescribed by law. iv. If significant cultural deposits other than human burials are encountered, the project shall be modified to allow the artifacts or features to be left in place, or the archaeological consultant shall undertake the recovery of the deposit or feature. Significant cultural deposits are defined as archaeological artifacts or features that associate with the prehistoric period, the historic era Mission and Pueblo Periods and the American era up to 1900, INIE Page No. 107 v. Whenever the monitoring archaeologist determines that potentially significant remains or human burials have been encountered, the piece of equipment that encounters the suspected deposit will be stopped, and the excavation inspected by the monitoring archaeologist. If the suspected remains prove to be non- significant or non -cultural in origin, work shall recommence immediately. If the suspected remains prove to be part of a significant deposit, all work shall be halted in that location until removal has been completed. If human remains are found, the County Coroner (or designated representative) shall be contacted to evaluate the discovered remains and implement proper contacts with pertinent Native American representatives through the Native American Heritage Commission (NAHC). vi. Equipment stoppages shall only involve those pieces of equipment that have actually encountered significant or potentially significant deposits, and should not be construed to mean a stoppage of all equipment on the site unless the cultural resource deposit covers the entire site. vii. During temporary equipment stoppages brought about to examine suspected remains, the monitoring archaeologist shall accomplish the necessary tasks in due speed. Implement Mitigation Measure CIL-3. To mitigate potential damage to any recorded cultural resource during grading, excavation or soil disturbance activities in the vicinity of any recorded cultural resource, Native American monitoring shall occur whenever archaeological monitoring is required or whenever prehistoric Native American cultural deposits are encountered or discovered. As recommended by the Native American Heritage Commission (NAHC), the Native American monitoring consultant shall have the following knowledge and abilities: i. Knowledge of local historic and prehistoric Native American village sites, culture, religion, ceremony and burial practices. ii. Knowledge and understanding of California Health and Safety Code Section 7050.5 and California Public Resources Code Section 5097.9 et a1. iii. Ability to effectively communicate the meaning of Health and Safety Code Section 7050.5 and Public Resources Code Section 5097.9 et al. to Marin Sanitary Services (MSS) representatives, including property owners, site managers, contractors and subcontractors, Native Americans, City of San Rafael Planning staff, and archaeological monitoring representatives. iv. Ability to work well with local law enforcement officials and the NAHC to ensure the return of all associated grave goods taken from a Native American grave during grading, excavation or soil disturbance activities. v. Ability to travel to known cultural resource sites within the traditional tribal territory. vi. Knowledge and understanding of California Environmental Quality Act (CEQA) Guidelines, Section 15064.5 and Section 106 of the National Historic Preservation Act of 1966 (NHPA), as amended. -22- Page No. 108 vii. Ability to advocate for the preservation in place of Native American cultural features through knowledge and understanding of CEQA mitigation measures, as stated in CEQA Guidelines Section 15126.4(b)(A)(B), and through knowledge and understanding of Section 106 of the NHPA. viii. Ability to read topographic maps and be able to locate known cultural resource sites and reburial locations for future inclusion in the NAHC Sacred Lands Inventory. ix. Knowledge and understanding of archaeological practices, including the phases of archaeological investigation. The Native American monitoring consultant is required to: x. Ensure the presence of a Native American monitor during all earth disturbing activities in the vicinity • any recorded cultural resource or whenever prehistoric Native American cultural deposits are encountered or discovered. xi. Communicate orally and in writing with the archaeological monitoring consultant, City of San Rafael Planning staff, representatives for MSS representatives, including property owners, site managers, contractors and subcontractors, and any Native American organizations. The Native American monitoring consultant will be responsible for communicating any observations or recommendations to any Native American organizations, neighborhood groups, or individuals that have contacted the City of San Rafael to request listing. The contact list will be supplied to the Native American monitor. xii. Maintain a daily log of activities and file a report with the MSS representatives on each day that a Native American monitor is present. xiii. Prepare progress reports on any 'findings' and summarize the observations and recommendations made in the daily reports (i.e., human remains, associated grave goods, non -human bone fragments, beads, at -row points, and other artifacts). The progress reports will be submitted monthly or at the completion of all approved earth disturbing activities. xiv. Prepare a final written report at the completion of all approved earth disturbing activities, summarizing the observations and recommendations of the daily and monthly reports and making recornmendations for future activities and procedures on the MSS site, as appropriate. The final report should describe the monitoring process, the discovery any Native American human remains and associated grave goods, and their final disposition. This report shall contain, at a minimum, the following information for each discovery of human remains and associated grave goods: 1. Date of each find. 2. Description of remains and associated grave goods. 3. Date of reburial, and the geographical located of reburial, including traditional site name if known. Page No. 109 xv. The final report shall include a discussion of mitigation measures taken to preserve or protect Native American cultural features and shall be submitted to the archaeological monitoring consultant, MSS representatives, the City of San Rafael Planning staff, and the NAHC at the completion of all approved earth disturbing activities. Information from the report may be included in the NAHC Sacred Lands Inventory. xvi. Demonstrate the ability to identify archaeological deposits and potential areas of impact. xvii. Work with the Most Likely Descendant (MLD) if human remains are encountered. A MLD will be chosen by the NAHC if human remains are encountered. There is no guarantee that the Native American monitoring consultant will be named as the MLD. The chosen Native American monitoring consultant must be able to communicate with the MLD effectively, and to aid in carrying out any procedures or tasks undertaken or recommended by the 'MLD. j. Implement Mitigation Measure CR -4. In the absence of specific recommendations made by the archaeological monitoring consultant, the following general procedures shall be implemented during the finding of an artifact (i.e., any item or object over fifty years of age): i. All contractors and subcontractors shall be required to inform all of their employees that no artifacts are to be removed from the area of the `find' except through authorized procedures. ii. Any artifacts found at or near a recorded cultural resource are to be turned over to, or brought to the immediate attention of, the archaeological monitoring consultant. In the absence of the archaeological monitoring consultant, the artifact shall be delivered to the Native American monitoring consultant, MSS representatives (i.e., property owners, site managers, contractor and subcontractor supervisors) or the City of San Rafael Planning staff. iii. Whenever any artifact is found or reported, a tag should be included that indicates the following information: iv. The identity of the finder and the date of discovery v. The identity of the responsible individual to who the artifact is given vi. A description of the location where the artifact was found, the approximate distance and direction to the nearest measuring point, identification point on the project plans, or other reliable, accurate method of locating. vii. A description of the artifact that will allow it to be identified if the tag and the artifact are separated. viii. The artifact, if portable, should be transported to a safe location where it can be kept until it can be inspected by the archaeological monitoring consultant. -24- Page No. 110 k. Implement Mitigation Measure CR -5. In the event of the accidental discovery of historical or unique archaeological resources accidentally discovered during construction or recognition of any human remains in any location other than a dedicated cemetery, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until: i. In the event of accidental discovery of potential resources an immediate evaluation of the find shall be conducted by a qualified archaeologist. If the find is determined to be an historical or unique archaeological resource, contingency ffinding and a time allotment sufficient to allow for implementation of avoidance measures or appropriate mitigation should be available. Work could continue on other parts of the building site while historical or unique archaeological resource mitigation takes place. ii. In the event of discovery of human remains, the coroner of the county in which the remains are discovered must be contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American - 1. The coroner shall contact the Native American Heritage Commission within 24 hours. 2. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descended from the deceased Native American. 3. The most likely descendent may make recommendations to t landowner or the person responsible for the excavation work, 1). means of treating or disposing of, with appropriate dignity, the hinn remains and any associated grave goods as provided in Publ Resources Code Section 5097.98, or 4. Where the following conditions occur, the landowner or his authoriz representative shall rebury the Native American human remains associated grave goods with appropriate dignity on the property i1n. location not subject to further subsurface disturbance. a. The Native American Heritage Commission is unable identify a most likely descendent or the most likely descende failed to make a recommendation within 24 hours after bei notified by the commission. I 393M 1111!11111pri;1�1i ilirrriti�i 11��rrrtiil riilric' I Fill c. The landowner or his authorized representative rejects the recommendation of the descendant, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. Lot Consolidation Conditions (S09-002) -25- Page No. 111 1. Marin Sanitary Service Parcels A through E shall be consolidated into one parcel. All necessary documents for consolidation of the lots, provision of easements and abandonment of rights of way located within the property shall be submitted for review and recorded in a timely manner. 2. The applicant shall provide a plat map, description, deeds and closure calculations for the lot line adjustment for review by the Department of Public Works and Planning Division. 3. The recorded deed consolidating parcels A through E (aka 1050 Andersen Drive and 535-565 Jacoby Street; APN's 018-180-72, -73, -74, -75 & -76) shall include a restriction on use of the Open Space Area E (aka, Parcel E; APN 018-180-76), as private open space. 4. The final plat documents required to merge the properties into a single parcel shall be submitted by the applicant to the City of San Rafael for review within 60 days of approval, and executed by recordation with the Marin County Recorder generally within 6 months. Lot consolidation approvals are valid for a maximum period of two (2) years from date of approval. The foregoing Resolution was adopted at the regular City of San Rafael Planning Commission meeting held on the June 23, 2015. Moved by Commissioner Wise and seconded by Commissioner .Robertson. AYES: COMMISSIONERS Chair Schaeffer, Davidson, Paul, Robertson, Wise NOES: COMMISSIONERS Belletto ABSENT: COMMISSIONERS Lubamersky ATTEST: IM Paul A. Jensen, Secretary Barrett Schaefer, Chair sm Page No. 112 T Exibit 6 ORDINANCE NO. 1580 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF BAN RAFAEL, PROPERTY FROM U (UNCLASSIFIED) DISTRICT TO P-0 (PLANNED DEVELOPMENT) DISTRICT. (MARIN SANITARY SERVICE) THE COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS*. DIVISION I Findings. 1. Pursuant to Title 14 (Zoning) of the San Rafael Municipal Code application has been made to rezone that certain real property located on and near Jacoby Street, San Rafael, bearing Assessor's Parcel Nos. 18-180-48 and 18-141-03, and more particularly described in Exhibit "All attached hereto, from the U (Unclassified) District to the P -D (Planned Development) district. 2. The City Council hereby finds that the proposed rezoning is consistent with the goals and policies set forth in the City's General Plan, as more specifically set forth in City Council Resolution No. 8091 , which Resolution is on file with the City Clerk and incorporated herein by reference. DIVISION 2 Amendment. The zoning Map of the City of San Rafael, California adopted by reference by Section 14.15.020 of the City's Municipal Code is hereby amended by reclassifying to 'P -D (Planned Development) district that certain real property located on and near Jacoby street, San Rafael, bearing county Accessor's Parcel No. 18- 180-48 and 10-141-03 and more particularly described in Exhibit "All attached hereto. DIVISION 3 Conditions of Development. Any development of this property shall be subject to the Exhibit 6 Existing PD and MUP 1.5-6f age No. 113 conditions outlined in Exhibits "B" and "C" which are attached hereto and made a part hereof. DIVISION 4 Separability. If any section, subsection, sentence, clause or phrase of this ordinance is for, any reason held to be invalid, such holding or holdings shall not affect the validity of the remaining portion of the ordinance. The City Council declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. DIVISION 5 Publication. This ordinance shall be published once in full before its final passage in a newspaper of general circulation, published and circulated in the City of San Rafael, and shall be in full force and effect 30 days after its passage. Lawrence E. Mulryan, Mayor Attest: Je M. Leoncini, Cites y Clerk The foregoing Ordinance no. 1580 was read and introduced at a regular meeting of the City Council of the City of San Rafael on the 20th day of November , 19g3_, and ordered passed to print by the following vote, to wit: AYES: Councilmembers: Boro, Thayer & Mayor Mulryan NOES: Councilmembers: None ABSENT: Councilmembers: Breiner & Shippey 2 Page No. 114 and will come up for adoption as an ordinance of City of San Rafael at a regular meeting of the City Council to be held on the 4th day of December , 1989. J M. Leonc n , City Clerk 1' Page No. 115 "EXHIBIT A" 1. Property to be rezoned from U (Unclassified) to P -D (Planned Development) REAL PROPERTY SITUATED IN THE CITY OF SAN RAFAEL, COUNTY OF MARIN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: a. The 1173.2 -acres' parcel, APN 18-141-03, described as follows: Beginning at the Intersection of the easterly boundary of Northwestern Pacific Railroad, as described in Book 24 of Deeds at Page 22, Marin County Records and the easterly boundary of Lands of State of California, being Highway Route IV -MRN -1-C, as shown on State of California Department of Transportation Right of way Map R -92B.3 at the southerly terminus of the course "North 15002137" East, 233.90 feet", as shown on said map (R -92B.3); thence along said easterly boundary (IV -MRN -1-C per R -92B.3) the following courses and distances: South 15002137" West, 1.66 feet; thence South 28051140" East, 67.25 feet; thence South 15002'37" West, 62.91 feet; thence South 41051F25" West, 31.97 feet; thence North 79047115" West, 58.70 feet; thence South 41051125" West, 94.84 feet, and thence South 77017103" West, 60.56 feet to said easterly boundary (24 Deeds 22); thence leaving said easterly boundary (IV -MRN -1-C per R - 92B.3) along said easterly boundary (24 Deeds 22) South 40021110" West, 30.76 feet to the City Limits Line of San Rafael, being the southerly boundary of the parcel described in Book 1792 of Official Records at Page 629, Marin County Records; thence leaving said easterly boundary (24 Deeds 22) along said City Limits Line and said southerly boundary (1792 OR 629) the following courses and distances: South 55042'42" East, 228.34 feet; thence South 890201'01" East, 660.28 feet; thence North 88004128" East, 150.06 feet; thence South 21°17'14" East, 577.12 feet; thence South 63050142" East, 412.69 feet; thence South 44042'50" East, 139.64 feet; thence South 45027-142" East, 396.10 feet and thence 50057'42" East, 607.53 feet; thence leaving said City Limits Line and said southerly boundary (1792 OR 629) North 41027118" East, 1576.76 feet to the center of the 60 -foot roadway described in Book 313 of Official Records at Page 222, Marin County Records, which point bears South 41027118" West, 7.415 feet from the southerly corner of Andersen Drive, as described in Book 2888 of Official Records at Page 121, Marin County Records; thence along said center of said 60 -foot roadway (313 OR 222), as shown on Record of Survey filed in Book 8 of Surveys at Page 76, Marin County Records, the following courses and distances: North 570151'00" West, 20.47 feet; thence North 81032100" West, 204.80 feet; thence South 690540,00" West, 203.50 feet; thence South 72059100" West, 116.60 feet; thence North 84006F00" West, F Page No. 116 384.90 feet; thence North 66049100" West, 92.20 feet; thence North 52028100" West, 245.10 feet; thence North 43010'00" West, 176.80 feet; thence North 12013'00" West, 406.10 feet; thence North 48036100" West, 95.60 feet; thence North 77003100" West, 116.70 feet; thence South 80021100" West, 163.00 feet; thence North 69037100" West, 82.00 feet; thence North 49032100" West, 106.20 feet; thence North 36008100" West, 187.60 feet and thence North 70035100" West, 194.20 feet to the easterly boundary of Jacoby Street; thence leaving said center of said 60 -foot roadway (313 OR 222), along the easterly and southerly boundary of Jacoby Street the following courses and distances: South 38027126'1, 31.736 feet; thence North 700351'00" West, 149.50 feet; thence North 57009'00" West, 145.96 feet and thence North 43001100" West, 530.23 feet to the easterly boundary of Northwestern Pacific Railroad, being Parcel 1 as described in Book 49 of Official Records at Page 121, Marin County Records; thence leaving said southerly boundary of Jacoby Street, along said last described easterly boundary (49 OR 121, Parcel 1) South 9001134" West, 219.52 feet to said first described easterly boundary (24 Deeds 22); thence leaving said last described easterly boundary (49 OR 121, Parcel 1) along said first described easterly boundary (24 Deeds 22) the following courses and distances: southwesterly along a curve to the right, whose center bears North 80'58126" West, having a radius of 869 feet through a central angle of 3101913611, an arc length of 475.13 feet and thence South 40021110" West, 316.80 feet to the point of beginning. Containing 73.37 acres, more or less. b. The 2.8 -acre parcel, APN 18-141-03, described as follows: Beginning at the Intersection of the westerly boundary of Northwestern Pacific Railroad, as described in Book 24 of Deeds at Page 22, Marin County Records and the easterly boundary of Lands of State of California, being Highway Route IV -MRN -1-C, as shown on State of California Department of Transportation Right of Way Map R -92B.2 at the southerly terminus of the course "South 15002137" West, 220.12 feet", as shown on said map (R -92B.2); thence along said easterly boundary (IV -MR -1-C per R -92B.2) the following courses and distances: North 15002137'1 East, 220.12 feet; thence northerly along a curve to the left, whose center bears North 73048140" West, having a radius of 1159.92 feet through a central angle of 23031'4011, an arc length of 476.31 feet, and thence North 7020120" West, 21.59 feet; thence leaving said easterly boundary (IV -MRN -1-C per R -92B.2) North 22005140" East, 35.58 feet; thence North 3054120" West, 69.60 feet; thence North 42018120" West, 37.78 feet to said,easterly boundary (IV -MRN -1-C per R -92B.2); thence A-2 Page No. 117 along said easterly boundary (IV -MRN -1-C per R -92B.2) North 7020120" West, 190.14 feet; thence leaving said easterly boundary (IV -MRN -1-C per R -92B.2) North 0007'20" West, 30.37 feet to said easterly boundary (IV -MRN -1-C per R -92B.2); thence along said eastery boundary (IV -MRN -1-C per R92B.2) 74057'40" East, 85.90 feet to the easterly terminus of the course "North 74057'40" East, 169.87 feet, as shown on said map (R -92B.2); thence leaving said easterly boundary (IV -MRN -1-C per R -92B.2) North 74057140" East, 30.17 feet to said westerly boundary (24 Deeds 22); thence along said westerly boundary (24 Deeds 22) the following courses and distances: South 11048146" East, 356.91 feet; thence southwesterly along a curve to the right, whose center bears South 78°11'14" West, having a radius of 769 feet through a central angle of 52009'5611, an arc length of 700.14 feet, and thence South 400211'10" West, 105.33 feet to the point of beginning. Containing 2.91 acres, more or less. 2. Property for which "Industrial Uses as Specified by a Use Permit to be Approved by the Planning Commission", shall be the P -D district Permitted Uses, subject to the conditions of approval. REAL PROPERTY SITUATED IN THE CITY OF SAN RAFAEL, COUNTY OF MARIN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: a. A 20 -acre portion of the 1173.2 -acre" parcel, APN 18- 180-48, described as follows: Beginning at the southerly corner of Andersen Drive, as described in Book 2888 of Official Records at Page 121, Marin County Records; thence South 41027118" West, 7.415 feet to the center of the 60 -foot roadway described in Book 313 of Official Records at Page 222, Marin County Records; thence along said center of said 60 -foot roadway (313 OR 222), as shown on Record of Survey filed in Book 8 of Surveys at Page 76, Marin County Records the following courses and distances: North 57015100" West, 20.47 feet and thence North 81032100" West, 27.00 feet to the true point of beginning: thence along said center of said 60 -foot roadway (313 OR 222) as shown on said Record of Survey (8 OS 76) the following courses and distances: North 81032100" West, 177.80 feet; thence South 690541'00" West, 203.50 feet; thence South 72059'00" West, 116.60 feet; thence North 84006100" West, 384.90 feet; thence North 66049100" West, 92.20 feet; thence North 520281'00" West, 245.10 feet; thence North 43010100" West, 176.80 feet; thence North 12013100" West, 406.10 feet; thence North 48036100" West, 95.60 feet; thence North 77003'00" West, 116.70 feet; thence South 80021100" West, 163.00 feet; thence North 69037100" West, 02.00 feet; thence North 49032100" West, 106.20 feet; thence North 36008'00" West, A-3 Page No. 118 187.60 feet; thence North 70035'00" West, 194.20 feet to the easterly boundary of Jacoby Street; thence leaving said center of said 60 -foot roadway (313 OR 222), along the easterly and southerly boundary of Jacoby Street the following courses and distances: South 38027'26" West, 31.736 feet; thence North 70035100" West, 149.50 feet; thence North 57009100" West, 145.96 feet and thence North 43001100" West, 530.23 feet to the easterly boundary of Northwestern Pacific Railroad, being Parcel 1 as described in Book 49 of Official Records at Page 121, Marin County Records; thence leaving said southerly boundary of Jacoby Street, along said easterly boundary (49 OR 121, Parcel 1) South 9001'34" West, 219.52 feet to the easterly boundary of Northwestern Pacific Railroad, as described in Book 24 Deeds at Page 22 Marin County Records; thence leaving said first described easterly boundary (49 OR 121, Parcel 1) along said last described easterly boundary (24 Deeds 22) southwesterly along a curve to the right, whose center bears North 80°56126" West, having a radius of 869 feet through a central angle of 1404913611, an arc length of 224.88 feet; thence leaving said easterly boundary (24 Deeds 22) South 48000'00" East, 348.72 feet; thence South 89030'00" East, 290.83 feet; thence South 57030100" East, 166.00 feet; thence South 45000'00" East, 146.00 feet; thence South 120301'00" East, 150.00 feet; thence South 34000'00" East, 190.00 feet; thence South 75°00'00" East, 105.00 feet; thence North 48030'00" East, 292.00 feet; thence South 610001'00" East, 152.00 feet; thence South 370301100" East, 110.00 feet; thence South 10100'00" East, 94.00 feet; thence South 20030'00" West, 313.00 feet; thence South 52030'00" East, 124.00 feet; thence North 790301'00" East, 296.00 feet; thence South 460301'00" East, 222.00 feet; thence South 6000100" West, 52.00 feet; thence South 15000100" East, 88.00 feet; thence South 79000100" East, 178.00 feet; thence North 73030100" East, 196.00 feet; thence North 310001'00" East, 146.00 feet; thence North 72030100" East, 360.00 feet; thence South 770301'00" East, 80.00 feet; thence North 72030100" East, 72.00 feet; thence North 31000100" East, 65.00 feet to the true point of beginning. Containing 19.95 acres, more or less. b. The 112.8 -acre" parcel, APN 18-180-03, described as item l.b. of this exhibit. 3. A portion of the 1073.2 -acre" parcel, APN 18-180-48, for which "Open Space" shall be the P -D district Permitted Use: REAL PROPERTY SITUATED IN THE CITY OF SAN RAFAEL, COUNTY OF MARIN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: Beginning at the Intersection of the easterly boundary of Northwestern Pacific Railroad, as described in Book 24 of Deeds at Page 22, Marin County Records and the easterly boundary of A-4 Page No. 119 Lands of State of California, being Highway Route IV -MRN -1-C, as shown on State of California Department of Transportation Right of Way Map R -92B.3 at the southerly terminus of the course "North 15002'37" East, 233.90 feet", as shown on said map (R -92B.3); thence along said easterly boundary (IV -MRN -1-C per R -92B.3) the following courses and distances: South 15002137" West, 1.66 feet; thence South 28051'40" East, 67.25 feet; thence 15002137" West, 62.91 feet; thence South 41051125" West, 31.97 feet; thence North 79647115" West, 58.70 feet; thence 41051125" West, 94.84 feet, and thence South 77017103" West, 60.56 feet to said easterly boundary (24 Deeds 22); thence leaving said easterly boundary (IV -MRN -1-C per R -92B.3) along said easterly boundary (24 Deeds 22) South 40021'10" West, 30.76 feet to the City Limits Line of San Rafael, being the southerly boundary of the parcel described in Book 1792 of Official Records at Page 629, Marin County Records; thence leaving said easterly boundary (24 Deeds 22) along said City Limits Line and said southerly boundary (1792 OR 629) the following courses and distances: South 55042142" East, 228.34 feet; thence South 89020101" East, 660.28 feet; thence North 88004128" East, 150.06 feet; thence South 21°17'14" East, 577.12 feet; thence South 63050142" East, 412.69 feet; thence South 44042'50" East, 139.64 feet; thence South 45027142" East, 396.10 feet and thence South 50057142" East, 607.53 feet; thence leaving said City Limits Line and said southerly boundary (1792 OR 629) North 41°27118" East, 1576.76 feet to the center of the 60 -foot roadway described in Book 313 of Official Records at Page 222, Marin County Records, which point bears South 41027118" West, 7.415 feet from the southerly corner of Andersen Drive, as described in Book 2888 of Official Records at Page 121, Marin County Records; thence along said center of said 60 -foot roadway (313 OR 222), as shown on Record of Survey file in Book 8 of Surveys at Page 76, Marin County Records, the following courses and distances: North 57015100" West, 20.47 feet and thence North 81032100" West, 27.00 feet; thence leaving said center of said 60 -foot roadway (313 OR 222) South 31000100" West, 65.00 feet; thence South 72030100" West, 72.00 feet; thence North 77030100" West, 80.00 feet; thence South 72030100" West, 360.00 feet; thence South 31000100" West, 146 feet; thence South 73030100" West, 196.00 feet; thence North 790001'00" West, 178.00 feet; thence North 15000100" West, 88.00 feet; thence North 6000100" East, 52.00 feet; thence North 4611301'00" West, 222.00 feet; thence South 79030100" West, 296.00 feet; thence North 52030100" West, 124.00 feet; thence North 200301'00" East, 313.00 feet; thence North 10000100" West, 94.00 feet; thence North 37030100" West, 110.00 feet; thence North 61000100" West, 152.00 feet; thence South 48030100" West, 292 feet; thence North 75000100" West, 105.00 feet; thence North 3400100" West, 190.00 feet; thence North 12030100" West, 150.00 feet; thence North 45000100" West, 146.00 feet; thence North 57030100" West, 166.00 feet; thence North 89030100" West, 290.83 feet; thence North 48000100" West, 348.72 feet to said A-5 Page No. 120 easterly boundary of Northwestern Pacific Railroad (24 Deeds 22); thence along said easterly boundary (24 Deeds 22) the following courses and distances: southwesterly along a curve to the right, whose center bears North 66008'50" West, having a radius of 869.00 feet through a central angle of 1603010011, an arc length of 250.25 feet and thence South 40021"10" West, 316.80 feet to the point of beginning. Containing 53.42 acres, more or less. fM Page No. 121 "EXHIBIT BIB TO BE REZONED FROM U (UNCLASSIFIED) DISTRICT TO P -D (PLANNED DEVELOPMENT) DISTRICT P -D PERMITTED USES: ❑ OPEN SPACE 73.2 ACRES INDUSTRIAL USES AS SPECIFIED BY A USE PERMIT APPROVED BY THE PLANNING COMMISSION INTERIM UBE PLAN LI Il,f MARIN 6ANITARY LANDS iA ' B-1 2.8 ACRE! I t ti P00EPT W. NKLUNO A.fl.A. BUILo1N0 CVOION L PLANNING INC. 13 1.1 Page No. 122 "EXHIBIT C" Conditions of Approval 1. The land to be zoned P -D (Planned Development) district shall be the 73.2 -acre parcel and 2.8 -acre parcel shown on Exhibit "B" and more particularly described on Exhibit "A". 2. The P -D (Planned District) Permitted Uses shall be "Open Space" and "Industrial Uses as Specified by a Use Permit Approved by the Planning Commission for the portions of the property so designated on Exhibit "B", and more particularly described on Exhibit "A", except that the Permitted Use of the 2.8 -acre parcel shall be further limited by condition #3. 3. a) The only use of the 2.8 -acre parcel authorized by approval of P -D zoning shall be the temporary storage of automobiles which are to be crushed by Marin Sanitary Service and the temporary storage of compost material. Approval of P -D zoning shall not be construed as entitlement to construct or occupy any building. b) The uses hereby authorized for the 2.8 -acre parcel may be initiated only after the applicant demonstrates to the satisfaction of the City Attorney that access rights over the former railroad right of way exist. The authorization of the uses shall terminate concurrent with any loss of access rights. MI Page No. 123 December 11, 1989 TO: JEANNE M. LEONCINI, City Clerk FROM: GARY T. RAGGHIANTI, City Attorney SUBJECT: SAN RAFAEL CITY COUNCIL AGENDA NO. 18 MEETING OF DECEMBER 4, 1989 - REVISION TO ORDINANCE NO. 1580 - AN ORDINANCE OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, PROPERTY FROM U (UNCLASSIFIED) DISTRICT TO P -D (PLANNED DEVELOPMENT) DISTRICT (MARIN SANITARY SERVICE) Please include the following revision to Ordinance No. 1580, which action was taken by City Council at regular meeting of December 4, 1989, and has been deemed to be a nonsubstantive revision. Therefore, Ordinance No. 1580 does not have to be re -introduced, passed to print and brought back to the City Council of the City of San Rafael for second reading and final adoption: REVISION TO "EXHIBIT C" - CONDITIONS OF APPROVAL - ADD (c) TO CONDITION 3: "c) New and/or additional solid waste management uses may be allowed within the "Industrial" portion of the 73.2 acre parcel,. subject to the approval of a Use Permit by the Planning commission." GARY T. RAGGHIANTI, City Attorney Page No. 124 0 a� °; C YTY ; pj,: C-3b C3 H ,dR LAWRENCE LAWRENCE E. MULRYAN OF O y 11. COUNCIL MEMBERS - .o () AIRERiJ RdRO SAN RAFAEL �� GAROTHY L BREINER GARY R. FRUGOL! JOAN C. THAYER 1400 FIFTH AVENUE, P O. BOX 60, SAN RAFAEL CALIFORNIA 94915-0060 / FAX: (415) 459-2242 December 11, 1989 TO: JEANNE M. LEONCINI, City Clerk FROM: GARY T. RAGGHIANTI, City Attorney SUBJECT: SAN RAFAEL CITY COUNCIL AGENDA NO. 18 MEETING OF DECEMBER 4, 1989 - REVISION TO ORDINANCE NO. 1580 - AN ORDINANCE OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, PROPERTY FROM U (UNCLASSIFIED) DISTRICT TO P -D (PLANNED DEVELOPMENT) DISTRICT (MARIN SANITARY SERVICE) Please include the following revision to Ordinance No. 1580, which action was taken by City Council at regular meeting of December 4, 1989, and has been deemed to be a nonsubstantive revision. Therefore, Ordinance No. 1580 does not have to be re -introduced, passed to print and brought back to the City Council of the City of San Rafael for second reading and final adoption: REVISION TO "EXHIBIT C" - CONDITIONS OF APPROVAL - ADD (c) TO CONDITION 3: "c) New and/or additional solid waste management uses may be allowed within the "Industrial" portion of the 73.2 acre parcel,. subject to the approval of a Use Permit by the Planning commission." GARY T. RAGGHIANTI, City Attorney Page No. 124 FILE NO _UP 96-8 PORT TO PLANNING COMMISSION / PAGE 16 121timplav-11 1. Nrarin Sanitary Service shall maintain an adequate water supply and fire suppression systeki throughout the life of the Resource Recovery Facility. 2. The eyi�-V�ng recpclin,g, of crank case,,tfl.. c --w batteries and with the Habqrdous Materials Management Plan established for the operation of this facility. The fNowing conditions apply to this area: (a) The above Lrrbund waste oil tanks must be located awai from buildinn ww?,jjWj■ jjj (b) The lead acid batt storage area shall be bermed to contain spills and sealed with a chemically compatible s Ian t to prevent leaching in a manner specified by Hazardous Materials Standard No. 21.7, 0 s (c) "No Smoking" signs slial e posted in all hazardous waste storage areas, (d) A minimum of 2 4013C fire tinguishers shall be installed and accessible within a 50 foot travel distance. aferials Coordinator shall issue all necessary 3. The Fire Department's Hazardous X permits for the operation of the Househ'qld Hazardous Waste Facilities, 4. Operation of the Tiogest" machine shall o'btain all necessary permits from the Pire Department. The Califomia Depatment of ToXX5 Wi issue a "Conditional Exempt Statu. n-- a!Vlli permit for the o site treatment of hazardous w i the treated waste is less than 55 gallons or 550 pounds per month. The conditiona , 4empt status must be obtained through fo ' rmal notification by the facility to the Depa\tment of Toxics and payment of a $100 notification filing fee. 11111 1111 1 1111 pill I I EMMMEMMIMEM Page No. 125 FILE NO.UP 96-8 REPORT TO PLANNING COMMISSION / PAGE 17 7. An engineered site plan showing existing and proposed site conditions shall be submitted with the application for a building permit. 8. A level "B" soils report shall be submitted with an application for a building permit. 9. No work shall be permitted in the City right-of-way unless approval for the roadway abandonment is obtained. PLANNING DEPARTMENT 10. This Master Use Permit shall allow all uses as they are described in the project description of this staff report. Uses described in the project description may be relocated to. other Marin Sanitary parcels which have a General Plan designation of Industrial (See Exhibit K). No development shall be allowed in those areas designated as Open Space limitation by zoning. Should any animals be relocated to the open space parcel (Parcel E), this shall only be allowed for "grazing". No structures or disposal of "green waste" will be allowed on this parcel. Numbers of trucks utilized by Marin Sanitary may be increased, Numbers of employees working between the hours of 4-6 PM may only increase with an amendment to this permit in order to assess traffic impacts. 11. On-site storage, disposal or burning of refuse shall not be permitted. 12. No signage is approved under this permit. 13. No odors shall be detectable beyond any Marin Sanitary property line. Additional mitigation measures shall be required if the Planning Commission determines there to be such a problem. 14. The exterior noise level shall not exceed 70 dba(LDN) measured at any Marin Sanitary Service property line. 15. All Marin Sanitary facilities shall be closed to the public on or before 4:00 PM (Monday throught Friday). All businesses leasing land from Marin Sanitary, including contractor storage yards shall end operations at 4PM. Any businesses requesting business hours after 4 PM must apply for and receive approvals for a use permit. This permit process will require the submittal of a traffic study to assess potential traffic impacts. Use of the educational classroom, located on the second floor in the recycling building may be reopened after 6:30 PM (Monday through Friday). Signs shall be posted at each gate which state "Gates Close at 4:00 PM". All vehicles already inside the facilities shall depart prior to 4:00 PM and no additional vehicles will be admitted after 4:00 PM. There will also be no queing allowed if they cannot be served and depart by 4:00 PM. The facility may operate from 6 AM. 16. Off-street parking spaces for employees and visitors shall be maintained clear of materials and/or storage and available for parking at all times. Page No. 126 FILE NO. UP 96-8 REPORT TO PLANNING COMMISSION / PAGE IS I VA ".1 11 owl M 41 re ri- VA M, a 4*1 L7017i r J ?"t "L6MT" than 10 feet above the ground surface. accordance with nationally recognized standards and federal, state and local laws and ordinances. All such liquids shall be collected into containers, shall be prevented from entering sewers, storm drains, and shall be disposed of off-site in accordance with State and Federal Standards for the materials. 20. Prior to the use of the 2.8 acre parcel, APN 19-141-03, the owner shall demonstrate to the satisfaction of the City Attorney that the owner possesses access rights to the 2.8 acre parcel from Jacoby Street across the former railroad right of way. Approval of uses of parcels shall terminate concurrently with any termination of access rights. 21. All debris containers shall be stored empty except as otherwise approved by an amendment to this permit. 22. Stored debris containers shall be continuously drained, covered or otherwise maintained to prevent retention of rainwater. 23. The preliminary landscape plan appears as Exhibit E of the staff report. Specific landspape plans will be required as part of required Design Review permits i 24. All landsca2bnV shall be maintained in a hea! an F,4tw4z�&- and debris. 25. The animal husbandry area of the project shall be consistent with the following conditions: (a) Pens shall be cleaned at least once a day to remove fecal matter in solid bedding; to prevent flies from entering; (c) The dumpster shall be cleaned routinely to prevent fly breeding; (d) The area shall be swept free of all debris, fecal material and food wastes before washing this area down; (e) Food shall be adequately stored in an area that is. kept clean and is sealed to prevent attraction by rodents and; (f) All activities within the animal husbandry area shall comply with the requirements/ regulations of the Marin Humane Society. 26. The following site improvements shall require the approval of an Environmental a Design Review permit by the City's Zoning Administrator prior to issuance of construction permits: I Page No. 127 FILE N6. UP 96-8 REPORT TO PLAItiTNING COMMISSION / PAGE 19 (1) Parking facilities (parking deck and parking lots); (2) Roadway improvements necessary to accommodate the new truck scales; (3) Scale booths, including second story office; (4) Permanent structures utilized for the Household Hazardous Waste Facilities; and (6) Site grading; (7) Contractor storage yards. These facilities be reviewed to insure an adequate parking design, that all storage be kept below landscaping height and/or fence height and to insure an adequate landscape plan, (B) Modular office structures; and (9) Caretaker unit; Zoning Administrator review will be at the discretion} of the Planning Director. Necessary traffic mitigation fees for these improvements will be assessed at this time. 27. Consistent with General Plan policy R-14 and General Plan Map GP -9, the applicant shall enter into a written agreement with the City Council which will guarantee the recordation of easements for bicycle paths and pedestrian trails at such a time when the exact location of these easements can be decided. The public trail access easements shall be in substantial compliance with the alignments shown on General Plan Map GP -9 and over fire roads leading from Jacoby Street to and along the ridgeline of San Quentin Ridge. The Class 1 bicycle path running from Jacoby Street generally along the western side of the 73.2 acre parcel pursuant to General Plan map GP -8, and along a gradient line of less than six percent or such other gradient approved by the City Traffic Engineer, to the southwestern corner of the 73.2 acre parcel. These easements shall be accepted by the City only upon authorization by the City Council, The Bicycle Path easement shall be accepted only upon a City Council determination that construction of such a path inside the NWP railroad tunnel is not reasonably feasible. NEGATIVE DECLARATION CONDITIONS 28. A Geotechnical Investigation Report (Level B) shall be submitted and reviewed by the Public Works Department prior to the issuance of grading or building permits. 29. Site grading shall conform with standard Grading permit requirements relating to erosion and dust control including submission and approval of the following: (1) An engineered site plan which shows all existing and proposed site conditions; and (2) A siltation and erosion control plan which includes a proposal for the replanting and maintenance of graded slope areas. 30. All grading activities will be subject to a statewide general construction activity NPDES permit, issued by the California Regional Water Quality Control Board. Tliis permit will develop a stormwater pollution prevention plan for erosion. This permit shall be secured prior to the issuance of a grading permit. The applicant shall file a copy of the NPDES permit with the Planning Department prior to the issuance of a grading permit. Page No. 128 FILE NOeUP 96-8 REPORT TO PLANNING COMMISSION / PACE 20 31, The project site shall be adequately watered as necessary. Public contact with reclaimed water utilized for dust control purposes shall not be allowed. 32. Mitigations affecting activities located within the on-site transfer station and materials recovery building shall be consistent with the mitigations identified in the Report of Station Information (solid waste facilities permit). These mitigations include face masks for employees and air filters. Buildings where waste is collected shall be p6riodicafly steamwashed to control dust, 33. All on-site composting activities shall be governed by mitigations identified in the Report of Compost Information. 34. Permits from the Bay Area Air Quality Management District shall be required for the site. A "risk screen" which analyzes potential toxic emissions shall be prepared for the proposed household hazardous waste collection center. Should the preliminary risk screen indicate potential hazards, additional studies will be required. These permits shall be secured prior to the City's Fire Department approval of the facility, All BAAQMD permits shall be filed with the Planning Department prior to the operation of the collection facility. 35. Mitigations affecting the generation of odors within the on-site transfer station and materials recovery building shall be consistent with the mitigations identified in the Report of Station Information (solid waste permit). 36. A drainage plan shall be submitted and approved by the Public Works Department prior to the issuance of a grading permit. 37. The stormwater runoff plan will be subject to a statewide general construction activity NPDES permit, issued by the California Regional Water Quality Control Board. This permit will require elimination of all non-stormwater discharges; development of a stormwater pollution prevention plan for erosion, runoff and materials disposal; and development of an ongoing monitoring plan. The stormwater pollution plan shall incorporate the following information: (1) The areas utilized for composting' activities shall be-bermed or otherwise managed to prevent pollution to the stormwater system and into the San Francisco Bay; (2) The yard where the pigs and goats are kept shall be managed in accordance with the California Code of Regulations, Title 23, Chapter 15, Article 6 (Confined Animal Facilities) to prevent pollution of stormwater with animal manure; (3) The household hazardous waste facility shall be constructed so that there is no potential contamination of sewer or stormwater system ' s in the event of a hazardous materials spill. The area shall be self-contained with no drainage to the sanitary or storm sewers. Site mitigation for potential hazardous waste spills will need to include a spill contingency plan, proper chemical storage and employee training plan; (4) Vehicle maintenance or wash areas shall not drain to the storm sewers. Any such discharges shall be recycled or plumbed to go to the sanitary sewer. Potential drainage from wash waters or rain water that traverses the transfer station or resource recovery center shall also be contained and Page No. 129 FILE NU _UP 96-5 REPORT TO PLANNM COMMISSION / PAGE 21 prevented from entering the stormwater system. This permit shall be obtained prior to site grading or construction permits. The applicant shall file a copy of the NPDES permit with the Planning Department prior to the issuance of site grading or construction permits. 38. Mitigations affecting the generation of noise within the on-site transfer station and materials recovery building shall be consistent with the mitigations identified in the Report of Station Information (solid waste facilities permit). Specifically, employees located within these facilities shall be provided ear plugs. 39. Construction and daily operations of the facility shall be in accordance with the Proposal to Establish an Household Hazardous Waste Collection Center and Operate a Mobile Satellite Facility, prepared for the County of Marin. 40. The applicant shall obtain a permit from the State Department of Integrated Waste Management prior to construction of facility improvements. The following mitigation measures shall be incorporated into the permit: (1) The hazardous materials collection area shall be covered with a metal roof with bins provided for materials; (2) Each hazardous material shall be stored in separate containers; (3) An employee training plan shall be prepared and implemented; (4) A separate drainage plan for the facility shall be prepared; (5) Appropriate fire extinguishing equipment shall be located on-site; (6) Customers shall remain in vehicles during the removal of the household hazardous waste materials; and (7) Facility employees shall only take sealed and labeled household hazardous waste materials. All permits required from the State Department of Integrated Waste Management shall be filed with the Planning Department prior to construction of facility improvements. 41. Mitigations affecting the load checking program for illegal hazardous waste disposal within the on-site transfer station and materials recovery building shall be consistent with the mitigations identified in the Report of Station Information (solid waste facilities permit). 42. The applicant shall hire a qualified archaeologist to be on-site when grading operations occur in the area where 16,000 cubic yards of material will be graded (Parcel B). Should a site be found during the grading process, the grading operation shall be shut down until necessary steps are taken to secure the site/objects. 43. Prior to the issuance of a grading permit for the 16,000 cubic yards of material, the applicant shall submit a truck route schedule, including hours of operation, to the Planning and Public Works Departments. 44. This use permit shall be valid indefinitely with mandatory permit compliance review every 5 years. The applicant shall submit a letter which identifies how the Marin Sanitary facilities are in compliance with the permit conditions of approval. The first letter shall be submitted in 5 years, or by November 24, 1997. Failure to submit the letter of permit Page No. 130 FILE NO. -UP 96-8 REPORT To PLANNING COMMISSION / PAGE 22 compliance will result in the revocation of the use permit. This date will remain valid with the use permit amendment application in that a compliance review of the first 4 years has not been completed by the applicant. Page No. 131 REPORT TO PLANNING COMMISSION / PAGE 16 CONDITIONS OF APPROVAL: FIRE DEPARTMENT FILE NO. UP 96-5 1. Nfarin Sanitary Service shall maintain an adequate water supply and fire suppression systeii throughout the life of the Resource Recovery Facility. 2. The exi§ing recycling of crank case oil, car batteries and latex paint shall be consistent with the Ha rdous Materials Management Plan established for the operation of this facility. The fo owing conditions apply to this area: (a) The above gr nd waste oil tanks must be located away from buildings and property lines and berm( t contain spills in a manner specified by Fire Prevention Standard 306; (b) The lead acid bat\shal area shall be bermed to contain spills and sealed with a chemically compatibprevent leaching in a manner specified by Hazardous Materials Standard N (c) "No Smoking" sigosted in all hazardous waste storage areas; (d) A minimum of 2 inguishers shall be installed and accessible within a 50 foot travel distance. 3. The Fire Department's Hazardous aterials Coordinator shall issue all necessary permits for the operation of the Househ ld Hazardous Waste Facilities. 4. Operation of the "Biogest" machine shall o Iain all necessary permits from the Fire Department. The California Depatment of To ' will issue a "Conditional Exempt Status" permit for the on-site treatment of hazardous wa es if the treated waste is less than 55 gallons or 550 pounds per month. The conditional empt status must be obtained through formal notification by the facility to the Depa tment of Toxics and payment of a $100 notification filing fee. POLICE DEPARTMENT 5. All exterior lighting shall be to the satisfaction of the Police M artment. 6. All lighting shall be on a master photo electric cell PUBLIC WORKS DEPARTMENT Page No. 132 REPORT TO PLA NG COIVM41SSLON I PAGE 1 7. An engineered site plan showing existing and proposed site conditions shall be submitted with the application for a building permit. 8. A level "B" soils report shall be submitted with an application for a building permit. 9. No work shall be permitted in the City right-of-way unless approval for the roadway abandonment is obtained. 10. This Master Use Permit shall • all uses as they are described in the project description of this staff report. Uses described in the project description may be relocated to ' other Marin Sanitary parcels which have a General Plan designation of Industrial (See Exhibit K). No development shall be allowed in those areas designated as Open Space limitation by • Should any animals be relocated to the open space parcel (Parcel E), this shall only be allowed for "grazing". No structures or disposal of "green waste" will be allowed on this parcel. Numbers of trucks utilized by Marin Sanitary may be increased. Numbers of employees working between the hours of 4-6 PM may only increase with an amendment to this permit in order to assess traffic impacts. 11. On-site storage, disposal or burning of refuse shall not be permitted. 12. No signage is approved under this permit. 13. No odors shall be detectable beyond any Marin Sanitary property line. Additional mitigation measures shall be required if the Planning Commission determines there to be such a problem. 14. The exterior noise level shall not exceed 70 dba LDN) me�a-sured-at-anvA;vL.yi7�-C�z7L�ec�r3!,- Service property line. 15. All Marin Sanitary • shall be closed to the public • or • Friday). All businesses leasing land • Marin Sanitary, including contractor storage yards shall end operations at 4PM. Any businesses • business hours after 4 PM must apply for and receive approvals for a use • This r• process will require the submittal of a traffic study to assess potential traffic impacts. Use of the educational classroom, located on the second floor in the recycling building may be reopened after 6:30 PM (Monday through Friday). Signs shall be posted at each gate which • "Gates Close at 4:00 PM". All vehicles already inside the facilities shall •-!. prior to 4-00 PM and no additional vehicles will be admitted after 4:00 PM. There will also • no queing allowed if they cannot ■• served and depart by 400 PM, The facility may • from 0 . I. � 1 11 111111RI11111�11111 FILE NO. UP 96-8 REPORT TO PLANNING COivMSSION 1 PAGE 18 17. All machinery within buildings shall be properly maintained and muffled. 18. Materials, vehicles and containers stored outside any building shall be kept no higher than 10 feet above the ground surface. 19. Appliances and other metal parts to be crushed shall have all liquids removed only in accordance with nationally recognized standards and federal, state and local laws and ordinances. All such liquids shall be collected into containers, shall be prevented from entering sewers, storm drains, and shall be disposed of off-site in accordance with State and Federal Standards for the materials. 20. Prior to the use of the 2.8 acre parcel, APN 19-141-03, the owner shall demonstrate to the satisfaction of the City Attorney that the owner possesses access rights to the 2.8 acre parcel from Jacoby Street across the former railroad right of way. Approval of uses of parcels shall terminate concurrently with any termination of access rights. 21. All debris containers shall be stored empty except as otherwise approved by an amendment to this permit. 22. Stored debris containers shall be continuously drained, covered or otherwise maintained to prevent retention of rainwater. 23. The preliminary landscape plan appears as Exhibit E of the staff report. Specific landscape plans will be required as part of required Design Review permits. 24. All landscaping shall be maintained in a healthy and thriving condition, free of weeds and debris. 25. The animal husbandry area of the project shall be consistent with the following conditions: (a) Pens shall be cleaned at least once a day to remove fecal matter in solid bedding; (b) Solid bedding and fecal material shall be placed in a dumpster with the lid kept closed to prevent flies from entering; (c) The dumpster shall be cleaned routinely to prevent fly breeding, (d) The area shall be swept free of all debris, fecal material and food wastes before washing this area down; (e) Food shall be adequately stored in an area that is kept clean and is sealed to prevent attraction -by rodents and; (f) All activities within the animal husbandry area shall comply with the requirements/regulations of the Marin Humane Society. 26. The following site improvements shall require the approval of an Environmental and Design Review permit by the City's Zoning Administrator prior to issuance of construction permits: Page No. 134 FILE Ub.-UP 96-8 ;AUS C40020 I (1) Parking facilities (parking deck and parking lots); (2) Roadway improvements necessary to accommodate the new truck scales; (3) Scale booths, including second story office; (4) Permanent structures utilized for the Household Hazardous Waste Facilities; and (6) Site grading; (7) Contractor storage yards. These facilities be reviewed to insure an adequate parking design, that all storage be kept below landscaping height and/or fence height and to insure an adequate landscape plan; (8) Modular office structures; and 1(9) Caretaker unit; Zoning Administrator review will be at the discretion of the Planning Director. Necessary. traffic gation fees for these improvements will be assessed at this time. 27. Consistent with General Plan policy R-14 and General Plan Map GP -9, the applicant shall enter into a written agreement with the City Council which will guarantee the ' recordation of easements for bicycle paths and pedestrian trails at such a time when the exact location of these easements can be decided. The public trail access easements shall be in substantial compliance with the alignments shown on General Plan Map GP -9 and over fire roads leading from facoby Street to and along the ridgeline of San Quentin Ridge. The C I a s s 1 b ic,3gcle ot a th r u nning f ro rn Aix %,V, I nw?,t;&*t n=w6Ek!-,t f 'ki, 73.2 acre parcel pursuant to General Plan map GP -8, and along a gradient line of less than six percent or such other gradient approved by the City Traffic Engineer, to the southwestern comer of the 73.2 acre parcel. These easements shall be accepted by the City only upon authorization by the City Council. The Bicycle Path easement shall be accepted only upon a City Council determination that construction of such a path inside the NWP railroad tunnel is not reasonably feasible. • 29. Site grading shall conform with standard Grading permit requirements relating to erosion and dust control including submission and approval of the following• : (1) An siltation and erosion control plan which includes a proposal for the replanting and maintenance of graded slope areas. Page No. 135 FILE NU _UP 96-8 ,REPORT TO PLANNING COMMISSION / PAGE 20 31, The project site shall be adequately watered as necessary. Public contact with reclaimed water utilized for dust control purposes shall not be allowed. 32. Mitigations affecting activities located within the on-site transfer station and materials recovery building shall be consistent with the mitigations identified in the Report of Station Information (solid waste facilities permit). These mitigations include face masks for employees and air filters. Buildings where waste is collected shall be periodically steamwashed to control dust. 33. All on-site composting activities shall be governed by mitigations identified in the Report of Compost Information. 34. Permits from the Bay Area Air Quality Management District shall be required for the site. A "risk screen" which analyzes potential toxic emissions shall be prepared for the proposed household hazardous waste collection center. Should the preliminary risk screen indicate potential hazards, additional studies will be required. These permits shall be secured prior to the City's Fire Department approval of the facility. All BAAQMD permits shall be filed with the Planning Department prior to the operation of the collection facility. 35. Mitigations affecting the generation of odors within the on-site transfer station and materials recovery building shall be consistent with the mitigations identified in the Report of Station Information (solid waste permit). 36. A drainage plan shall be submitted and approved by the Public Works Department prior to the issuance of a grading permit. 37. The stormwater runoff plan will be subject to a statewide general construction activity NPDES permit, issued by the California Regional Water Quality Control Board. This permit will require elimination of all non-stormwater discharges; development of a stormwater pollution prevention plan for erosion, runoff and materials disposal; and development of an ongoing monitoring plan. The stormwater pollution plan shall incorporate the following information: (1) The areas utilized for composting activities shall be berined or otherwise managed to prevent pollution to the stormwater system and into the San Francisco Bay; (2) The yard where the pigs and goats are kept shall be managed in accordance with the California Code of Regulations, Title 23, Chapter 15, Article 6 (Confined Animal Facilities) to prevent pollution of stormwater with animal manure; (3) The household hazardous waste facility shall be.constructed so that there is no potential contamination of sewer or stormwater systems in the event of a hazardous materials spill. The area shall be self-contained with no drainage to the sanitary or storm sewers. Site mitigation for potential hazardous waste spills will need to include a spill contingency plan, proper chemical storage and employee training plan; (4) Vehicle maintenance or wash areas shall not drain to the storm sewers. Any such discharges shall be recycled or plumbed to go to the sanitary sewer. Potential drainage from wash waters or rain water that traverses the transfer station or resource recovery center shall also be contained and Page No. 136 FILE NO.'jJP 96-8 REPORT TO 21 prevented from entering the stormwater system. This permit shall be obtained prior to site grading or construction permits. The applicant shall file a copy of the NPDES permit with the Planning Department prior to the issuance of site grading or construction permits. 38. Mitigations affecting the generation of noise within the on-site transfer station and materials recovery building shall be consistent with the mitigations identified in the Report of Station Information (solid waste facilities permit). Specifically, employees located within these facilities shall be provided ear plugs. 39. Construction and daily operations of the facility shall be in accordance with the Proposal to Establish an Household Hazardous Waste Collection Center and Operate a Mobile Satellite Facility, prepared for the County of Marin. 40. The applicant shall obtain a permit from the State Department of Integrated Waste Management prior to construction of facility improvements. The following mitigation measures shall be incorporated into the permit: (1) The hazardous materials collection area shall be covered with a metal roof with bins provided for materials; (2) Each hazardous material shall be stored in separate containers; (3) An employee training plan shall be prepared and implemented; (4) A separate drainage plan for the facility shall be prepared; (5) Appropriate fire extinguishing equipment shall be located on-site; (6) Customers shall remain in vehicles during the removal of the household hazardous waste materials; and (7) Facility employees shall only take sealed and labeled household hazardous waste materials. All permits required from the State Department of Integrated Waste Management shall be filed with the Planning Department prior to construction of facility improvements. 41. Mitigations affecting the load checking program for illegal hazardous waste disposal within the on-site transfer station and materials recovery building shall be consistent with the mitigations identified in the Report of Station Information (solid waste facilities permit). 42. The applicant shall hire a qualified archaeologist to be on-site when grading operations occur in the area where 16,000 cubic yards of material will be graded (Parcel B). Should a site be found during the grading process, the grading operation shall be shut down until necessary steps are taken to secure the site/objects. 43. Prior to the issuance of a grading permit for the 16,000 cubic yards of material, the applicant shall submit a truck route schedule, including hours of operation, to the Planning and Public Works Departments. 44. This use permit shall be valid indefinitely with mandatory permit compliance review every 5 years. The applicant shall submit a letter which identifies how the Marin Sanitary facilities are in compliance with the permit conditions of approval. The first letter shall be submitted in 5 years, or by November 24,1997. Failure to submit the letter of permit Page No. 137 FILE NO. UP 46-8 REPORT TO PLANNING COMMISSION / PAGE 22 compliance will result in the revocation of the use permit. This date will remain valid with the use permit amendment application in that a compliance review of the first 4 years has not been completed by the applicant. Page No. 138 Exhibit 6 DATE June 18, 2015 TO Planning Commission CC: Kevin McGowan, DPW Pat Cousens, Applicant FROM": Kraig Tambornini, Senior Planner �If L-174=1 11 MEMORANDUM ZUBJECT: Marin Sanitary Service Project — Department of Transportation Comment' Responses i Caltrans has submitted the attached comment dated June 10, 2015 in response to the project notice of hearing and intent to adopt an Initial Study and Mitigated Negative Declaration. In summary, Caltrans recommends the following- • Traffic counts reflect 5 year old conditions, and recommends using updated counts for 2015 rather than 2010. • Provide a generation table that reflects long-term land uses for the project. • Convert truck traffic to passenger car traffic by adopting a reasonable care equivalent. • Include a Traffic Impact Study based on anticipated net generated traffic greater than 100 vehicles per hour. • Evaluate traffic impacts on 101. The consultant for MSS, Omni -Means, provided an email response to these concerns dated June 16, 2105, which have been attached for consideration. Staff will forward his response to Caltrans, and has further asked that the applicants consultant reach out to Caltrans directly DPW staff has also been asked to look over this information and provide any further feedback, if any. Any further update will be provided to the Commissioners at the meeting. The email response includes the following: • The 2010 counts remain applicable and reflect existing conditions as the counts reflect background traffic. No change in MSS facility use itself has occurred. • The plan removes 86 public storage containers this will reduce existing trip generation volumes. (Staff notes the existing, unpermitted containers were part of the baseline condition and all were existing and in place prior to 2009. The project would reduce existing traffic conditions and have no net increase above 2010 counts and established baseline conditions). • The Master Plan does not have any cumulative growth associated with the plan. • The State highway plan is based on build -out of the General Plan 2020, which would remain unaffected by the update to the MSS Master Plan and zoning. Therefore, no new impacts to highway facilities would occur and no additional traffic evaluation should be required. Based on this response, staff agrees with Omni -means conclusion that no further study of traffic impacts is needed in this case. If any further comments are received they will be provided at the meeting. Page No. 139 RECEIVED 06/10/2015 08:51 14154853184 CITYOFSAIARAFAELBLDU Jun 10 2015 0125AM HP 'SERJET FAX P.1 — — -- - ------------ .. . . ......... . . 'Illwwiwht��IA'.1y..L-rltll��1471"4viwiii'M DTSTRICT4 PO. BOX 23660, MS- I OD OAKLAND, CA 9-1023-41660 PHONP (510)286-5528 FAX (S 10) 286-5359 TrY 711 hUp-.I/wmmWqt.qa.gqv/disW I brinui Dmught ffelplam wamet MRN590030 tvI1N-S80-4.498 W.W114"ITIMIZA Mr, Kraig Tambornini Senior Planner, Planning Division 1400 Fifth Avenue San Rafiel, CA 94901 Marla Sanitary Services Facility Muster Use Permit, Development Plan, Zoning Amendments, Jacoby Street Right -of -Way Vacation and Abandonment & Golden Gate Bridge Highway & Transportation District Property Zoning Amendment Project — Initial StudyINIltigated Negative Declaration Thank you fbr including the Cidifomia Department of 1'ronsportation (Caltrans) in the environnicatal review proceau for the project referenced above, The proposed project would belongiug to the City of San Rafael (City). The purpose of the project is to update the current inastet plan for the MSS and to allow niinor expansion of ancillary public storage uses. The project is located within .5 miles of both US 101 and Ititerstate 580. 1 ForecastIng MetlivdoloV Table I and the October 211, 2010 Utter to the City of San Rafael demonstrate current traffic 0 the MSS as 33 1 All, WiDs. and 202 PM Woo—whi& are 5-vaar old orairic (;mtidiYfnr. SWINAI III R Tyawds a sqfp, nisraltiabld. In&grafdd =d qfflawif (mmponadon N)Vfvnl to torkIfleAr Won&t 'Icanovv MW 11vahtfity " Page No. 140 RECEIVED x6/10/2015 08:51 14154053194 CITiYOFSdiHRAFaELgL,Dt; Joan 10 F015 8,25AM HP ' ERJET FIX P.2 Mr. Kraig Tambornini/City of San Rafael June 10, 2015 Page 2 greater than 100 vehicles per hour, we recommend the report include a Trak Impact Study (TIS) and its associated turning movement traffic per study intersection under Existing, Project Only, 2035 Cumulative + 2035 Cumulative+Project Conditions. 7)'4fflC Ifitpad Study The Metropolitan Transportation Commission Regional Transportation Plan/Sustainable Community Strategy identifies transportation system performance targets including the increase of non -auto mode share by 10 percentage points and a decrease in vehicle miles traveled per capita by 10 percent, Please evaluate the proposed project's impacts on state transportation facilities, specifically to US 101. The criteria listed below should be used in determining if a traffic analysis for these facilities is warranted. Early collaboration, such as submitting the traffic study prior to the environmental document, leads to better outcomes for all stakeholders. Therefore, please forward the TIS as soon as it is available. We are in the process of updating our TIS for consistency with Senate Bill 743, but meanwhile we recommend using tho Caltrans Guide for the Preparation of Tiwfflc Impact Studies for determining which scenarios and methodologies to use in the analysis, available at the link below. If the proposed project will not generate the amount of trips needed to meet the Caltrans trip generation thresholds, an explanation of how this conclusion was reached must be provided. http-1/dot.ca.gov/hq/tpp/ofces/ocp/igr_,._cega filesAisguide.pdf 1. The project would generate over 100 peak hour trips assigned to a state highway facility. The project would generate 50 to 100 peak hour trips assigned to a state highway facility, and the affected highway facilities are experiencing noticeable delay; apptnaching unstable traffic flow (lcvel of service (LOS) "C" or "D") conditions, The project would generate 1 to 49 peak hour trips assigned to a state highway facility, and the affected highway facilities are experiencing significant delay; unstable or forced traffic Row (LOS "L" or "F'1 conditions. "Ptpuld®n eaj6, rreerautnble, Inwgrafsel tlnd o,Qicitlatr lranspuriolle�n xpNm ro nnharPcm Cafl/amin.ti oconanr➢ wd flvnbINY" Page No. 141 PECEIVED 06110/2015 08.51 14154953184 C1 TYOFSANPAFAE1LO IJG Jun 10 2015 Ot25nM HP 'SERJET FAX P-3 Mn Kraig Tambomini/City of San Rafael June 10, 2015 Page 3 Please feel flee to call or email Gmg Cu at (510) 286-5623 or gragoi7.cuiTey@dot.ca.gov with any questions regarding this letter. sincemly, PATRICIA MAURICE District Branch Chief Local Development — Intergovex%ruental oview QW1,1Q, =Q, Tm-idp n Yafe, Rmlahjubfq, Intorgmtr(f atjd Cfflejujil (mlopuringuli smumps to vehaisce Calpairakdeanomywdlivabiftsy" Page No. 142 Krai bornini From: Pat Cousens < Sent: Wednesday, June 17, 2015 8:29 AM To: Kraig Tanibornint; Kevin McGowan Subject: FW' FW: Caltrans Comment an Neg Dec Kraig, Please see the response from our traffic engineer below and distribute for comment as necessary. Patrick Cousens, Architect Fredric C. Divine Associates, Architects Sent: Tuesday, June 16, 2015 4:58 PM To: Cousens, Pat Cc: Nickelson, George Subject: Re: FW: Caltrans Comment on Neg Dec We have reviewed the DOT Comment MSS Review letter and accompanying documentation and offer the following input: The Caltrans letter reflects the agency's interest in potential future traffic growth on State Highway facilities resulting from the MSS project. The letter makes inquiry as to the relevance of the 2010 counts to current conditions and the potential for future project traffic increases. trips specifically (no background traffic subject to change/ increase) and there has been no change in the MSS facility itself. The proposed Master Use Plan codifies existing conditions; there are no additional trips to be generated by the project. Moreover, the plan will remove 86 public storage containers. Therefore, site trip generation will be reducedby 29 trips (17 AM, 12 PM). Thus, existing volumes will be lower than the surveyed counts. And since the project reflects the storage containers, a reduction in trips would also occur under cumulative conditions. We concur with Kraig's assessment that the State highway plans based on buildout of the General Plan would remain unaffected, since the project will not add any new trips. Therefore, no impacts to highway facilities would occur and no additional traffic evaluation should be necessary Thanks, Rob Page No. 143 Rob T uma p.925.935„2230 6 f.916, 782.6609 om Ct@ -means nAGNICHNG SOLUTIONS Your Roundabout Connection 1901 Olympic Blvd, Suite 120 1 Walnut Creek, CA 94596 >>> "Pat Cousens°” < > 6/3.5/2015 2.28 PM >>> George and Rob„ Can you review the "DOT Comment MSS Review" avid Kraig Tarn born ini"s email below and comment please, We just got this email and obviously DPW will review and a:::omment as requested. Mader is retired and I am sure would have referred this job to Caltrans if he felt It required their review, your 50,000 ft view of it Would be helpful. Cour Planning Commission rneehng is a week from tomorrow. Pam& Cousens. Archi$nct Fredric C. Divine Associates. Architects From: Kraig 7arrvbcsrniras [ ] Sent: Monday, June 15, 2015 1.28 Plot To: Cc: ; Kevin McGowan; Subject. Calh°ans Comment on Neg Dec M I received a comment from CALTRANS on the Notice of Intent to adopt an MND for the project, attached as the PDF titled `DOT Comments" Caltrans was not referred the project for review of the retroactive use permit approval for container storage expansion Thus, this appears to represent Its first review and comment on this case. AS this was received as a question on technical study included in the Mitigated Negative Declaration, I would ask the applicant to prepare a response avid share it with staff before the meeting. I am sending this to Public Works staff to ask for their guidance. I do not believe we would conduct the additional level of study being requested by Caltrans, as state highway plans should already be based upon potential buildout called for in General Plan Land Use plans adopted by jurisdictions in each county throughout the state. I have attached correspondence from DPW on this project from inception to current as background. I believe we already look at affected City/highway onramp intersections, and do not collect fees for Caltrans traffic improvements, so no additional impacts would be anticipated an no need for the additional level of study would appear to be necessary for trips that are currently benign generated. i........ ligffUNG-aff"Ftner fesfons 111 11 flaw-)MeTon for the project by the City to date. w Page No. 145 Kral 1 Tambornini From: Currey, Gregory@DOT < Sent: Friday June 19, 2015 9.06 AM To; Kraig Tambornini Subject® RE. Er nailmg: Caltrans itesponseapdf our reviewing units until June 23, so that I can make sure I give them all available information. Greg Currey, Transportation Planner Local Development - intergovernmental Review Branch Office of Transit and Community Planning Caltrans, District 4 r 510,286.5623 _.-Original message___ From: Kraig `Ti"am bornini � ] Sent: Thursday, June 18, 2015 12:24 PM To: Kevin McGowan Cc: Currey, Gregory DGT Subject: Ernailiing: Caltrans Response.pdf c<Caltrans Response.pdf>> All - Please see the memorandum to the Plannomg Commission in response= to the concerns raised by Caltrans. If you have anything further to add to this matter please Iet me know before SPM on Tuesday, .June 21 l have asked that Omni -Means reach out to Caltrans directly to explain the .situation further, with respect to the pre- existing establisherment of cargo containers currently in baseline, no net new devOopmlent being proposed, etc. I also ami asking DPW to provide any feedbacks they may have on the questions raised and response provided, ldeaRy, I would Tike to have confirmation from Caltrans regarding whether the response would satisfy or change their cornments. Kraig Tambonnini Senior Planner (415 485-30092 Your message is ready to be sent with the following file or Iink attachments: Caltrans Response.pdf Page No. 146 attachments Check your e-mail security settings to determine how attachments are handled Page No. 147 !1�iIJ!n.ftirnini From: Rob Tuma < Sent., Friday, June 19, 2015 551 PM Tom, Kevin McGowan; Kraig Tamboinini, Cc: Nickelson, George Subject: Re Emailing.- Caltrans Response.pdf Kraig, We received an email response from Greg Currey today, the gist of which included the following: "Just sending an email to say I got your message and have noted what you said. If I do need more information about trip generation for this project, I'll give you a call next week. But for now, thank you for the information," (11 Cg CUITCY, I ranspoilation Planner L(wal Development - Intergovernmental Review Branch OffiLe offransit and Con-iraunity Planning C altrami,District4 510286,5623 rh'.Ink. You, Rob Rob Tuma means Your Roundabout Connection 1901 Olympic Blvd, Suite 120 1 Walnut Creek, CA 94596 > > > Rob Tuma 6/19/201.5 1:45 PM >>> > Kraig, We called and left a voice message for Greg Curry at Caltrans today. Thank you, Rob Rob Tuma pi,925o9352230 I f.916382A89 Page No. 148 HE= Your Roundabout Connection 1901 Olympic Blvd, Suite 120 1 Walnut Creek, CA 94596 omnimeans.com I roLindabouts.omnimeans.com >>> "Kraig Tambornini" <IK(rTaiiig.Ta�mborn�[t.yof!Rr�rafagl,gr _g> 6118/2015 12:23 PM >>> <<Caltrans Response.pdf>> All - Please see the memorandum to the Planning Commission in response to the concerns raised by Caltrans. If you have anything further to add to this matter please let me know before SPM on Tuesday, June 23. 1 have asked that Omni -Means reach out to Caltrans directly to explain the situation further, with respect to the pre-existing establishement of cargo containers currently in baseline, no net new development being proposed, etc. I also am asking DPW to provide any feedback they may have on the questions raised and response provided. Ideally, I would like to have confirmation from Caltrans regarding whether the response would satisfy or change their comments. HM, 11 Kraig Tambornini Senior Planner (415) 485-3092 attachments: Page No. 149 NON, V - STATE OF CALIFORNIA t GOVERNOR'S OFFICE'qf'PLANNING AND RESEARCH S"rA:rE CT. LAfUlll(II-JOUSE D PLAIIINDIG UNIT �a rDIVIUNDG. BROWN JR. KIN ALEX Govemon DW=Wlt June 13, 2011 KO°aig l'aaoar6.uaurnu nu QV al'San 010 PS). Box 15160 140D FM Anne Su RNA[ CA 9001 Sub4 Gd: Marin sanh'my scrvic(, misv, oAu re aanam uuu rmw) Rcamkg and Mama the PeW Amwdmms SCHk 2015052046 Dmw Kmj %Wm5l: The cumosed conwimm (s) on yuuv NugaUve Wmawn vms omm) recmvud by lhe Sune 0caringhouse aRer be md uNM maw mvimv palad, whid, closed on Ime 117011 'Me un v RwwodWg kaw-. cominents to you because they provide hil'onuation or raise issues thim shmW be; arldressed in yourfinat emlmmwMal Ammont, The CHUSda Enhunmenail QmHW Au dws nra mqun e Lead Agcn6es lu o espond to We cnannwas. I Wnt!q WC MOMLIC YOU tO incorpor= the.scaddifional conunents into yow, final envrcannenW domsment and to consWex Wern p6mia mkmg An! aw& an d propond pQctr. Pkmc count to Staw (�.lcarillghoust at (1) d 6) 4454613 if YOU JWVC any qUCUQ[5a;aaso�ow:uaupuu� abut onyhonummW ivvwvw proce's's, ffyau have al cluestion regardin.g ,, theabove-winied pvqccl, p1lease, icfir w he lentj Stme Cleminghome, number (2015052046) when cownefing this office, en 'S" Scou 140man EMnsaw% SMW ClcadWhmmu Encloswms or Woumes Agmmy I NO MA W6 RO Bozo 044 Sacmmm (ARM 950113044 (916)44SO613 FAX(916)3213018 www,opr.c.i.gov Page No. 150 Exhibit I -nent Community Development Departi MEMORANDUM CC: City Manager, Mayor and Council members; FROM: Kraig Tambornini, Senior Pladne"r- SUBJECT, Transmittal of Initial Study & Mitigated Negative Declaration for Marin Sanitary Service Facility Amendments Project at 1060 Andersen Drive a 535-565 Jacoby Street I JIM*]" Wall, 0 Location: QW-9VIS A0414 0 1 - - 4 MIlAtiLlIal i:uea in s#L Blvd to the east, just east of Highway 101 and south of 1-580. Overview of Site and Use: The MSS property consists of 82.15 acres, including approximately 50 acres of hillside of lands developed and used for operational activities including MSS facility buildings, offices and yards. Another 2.78 acres to the west, adjacent to Highway 101, has been leased by MSS from Golden Gate Transit, and has been subleased for private contractor yard and car storage uses. The leases for these uses were set to expire this May 2015. Page No. 151 Community Development Department MEMORANDUM Envirormental Factors Potentially Affected J_ by_Proect. The project has been found to have potentially significant physical environmental impacts in the following impact categories: • Air Quality • Biological Resources • Cultural Resources • Hazards ® Traffic The project components, which contribute to the potential physical impact on the environment, ad as follows: The entire 82.15 acre site would be rezoned from Planned Development (PD1580) and Industrial (1) to revised RD for the entire site, with consolidation of parce9s into one lot and re -designation of MSS operational and Open Space lands to designated land use "Areas" that are consistent with the existing uses and underlying General Plan 2020 designation, Ery ,ironmental Factors Potentially Affected: The Land Use section of the document discusses this change, No impacts would result from the rezoning which Would re -adopt the current and adjacent I district zoning standards and FAR/Height requirements in the General Plan 2020® Environmental Factors Potentially Affected: The Land Use section of the document discusses this change. No impacts would result as the parcel would revert to conventional zoning that is consistent with the General Plan and the existing legal non -conforming uses are anticipated to sunset and vacate the site in anticipation Of future SMART train operations, Container St2r2SR_ga2�11 In 1992 MSS was granted a use permit to install 240 storage containers for public storage use Between 1997 and 2005 MSS installed over 400 additional containers for public and Page No. 152 Community Development Department MEMORANDUM contractor storage, as well as over 50 containers installed for MSS facility storage and ongoing operations. MSS proposes to remove a number of containers and reposition the remaining containers to provide adequate ernergency vehicle access. As proposed, 628 containers would remain for public storage use and 54 for MSS operations. 67vironmental Factors Potentially Affected: 0 impacts associated with the container storage to remain are addressed Traffic a Greenhouse Gas sections. Payment of traffic mitigation fees for the unpermitted expansi #f public storage container use Would be required as a condition of approval. No mitigati .,neasures are required for grant of entitlement for unpermitted containers to remain. 4) IVISS Use Permit Amendment to Legal ize/Correct Outdoor Uses: MSS requires retro -active review and approval for several tall walls installed to support the adjacent open space hillside next to exiting outdoor yard areas, as well as for the addition of wood storage areas and encroachments into the open space area, with landscaping enhancements required and removal of unpermitted storage and activities in the open space areas. This work is subject to design review and Would include upgrades to facility infrastructure for fire safety purposes and to protect the open space areas moving forward. Work associated with the project includes: • Install new fire lines and hydrants • Install open space boundary fences and markers • Install fencing and landscaping enhancements Environmental Factors Potentially Affected: The Air Quality, Aesthetics, Biological and Cultural Resources areas would be potentially impacted from work associated with planned and required improvements. Mitigation has been in tile Biological Resources section in the event trees are removed for proposed and required site work. In addition, standard construction related air quality and cultural resources mitigation measures have been identified and recommended. No significant visual resource impacts have been found to exist. ft M, W-0 MY111111ma Wom I 'Ms. wool 0 111 91MWE9=9=4 permits rom UalReGycle ancUll &A "--� IT11. Energy generated by WtneAF, WTacilityy would Wbe used to offset energy demands of the MSS facility and its vehicles, The AD facility would divert waste from the landfill by converting material to energy on-site. Similarly, a biomass conversion unit would convert waste material to energy which would require additional permits from local and state agencies including Marin County Environmental Health, CalRecycle and BAAQMD. Environmental Factors Potentially Affected: Impacts associated with this work are discussed in Aesthetics, Air Quality, GreenhoLlse Gas, Hazards, and Noise. The Biomass unit Would exceed height limits of the district (41' tower) which would require design review. However, the visual impacts are considered to be less -than -significant in this location. Further, detailed air quality, greenhouse gas, hazards ii P! ve Wei RriRared for t e D and biomass eitt..4 ail. A ir er 111r.r4a "1161will All , IVIErAMIC1,7110MM1411 a Page No. 153 Community Development Department MEMORANDUM has been identified for construction related air quality impacts and hazards concer associated with the AD fire suppression systems. i Please contact me if You have any questions at (415) 485-3092, or by email kraig tai-nborniLni"_Agtyofsanrafael.org, Page No. 154 Exhibit 9 CITY OF SAIllyN RAFAEL You are invited to attend the City Council hearing on the following project: PROJECT: 1050 Andersen Drive & 535-565 Jacoby Street (Marin Sanitary Service Master Plan Amendment) - Rezoning, Master Use Permit, Environmental and Design Review and Lot Consolidation requests to, (1) rezone the 82.15 -acre MSS property from PD1580 and Industrial (1) zone to revised PD, consolidate the five (5) individual MSS parcels into one parcel, master use and design approvals of continued waste management facility operations and container storage use, and minor site landscaping, parking and fire safety enhancements, as -built retaining walls, and open space boundary adjustments, and (2) rezone the 2.78 acre Golden Gate Bridge Highway and Transportation District property from PD 1580 to P/QP and use permit for continued outdoor storage on the property, The project includes a subsequent request for right orway vacation and abandonment pursuant to Ca Streets and Highways Code 8300 et seq. or60' wide by 400' long improved and 30' wide by 2400' long unimproved portions of Jacoby Street extending west to east through the MSS site with new utility easements established as shown on the MSS project plans and maps. APN's: 0 18-180-72 through -76 and 0 18-140-03; PD 1580 and I Districts; Mat -in Sanitary Service and Golden Gate Bridge Highway & Transportation District, owners & applicants; Fild No(s),: ZC09-001, UP09-020, ED09- 032, S09-002 As required 4), state litiv, the project's potential environmental inipacis have been assessed Planning staff] has prepared a Viligated Negative Declaration far the project which Rneets the provisions of the California Environmental Quality Act (CEQA). A 30 -day public revieti, and comment period on the adequag, of the Mitigated iVegativL Declaration was initiated on kiondny AIT+ 18, 2015 and conchided on Tuesday, June 23, 2011 Public conanents on the klifigatediVegative Declaration were also accepted at the Planning Commission hearing on Tuesday. June 23, 2015 HEARING DATE- Monday, July 20, 2015 at 7;00 P.X LOCATION: San Rafael City Hall City Council Chambers 1400 Fifth Avenue at "D" Street San Rafael, California WHAT WILL You can comment on the project, The City Council will consider all public testimony and decide HAPPEN: whether to approve the project applications. IF YOU CANNOT You can send a letter to the Community Development Department, Planning Division, City of San ATTEND: Rafael, P.O. Box 151560, San Rafael, CA 94915-1560. You can also hand deliver it prior to the meeting. FOR MORE Contact Kraig Tamboa nint, Project Planner at (415) 485-3092 or INFORMATION: kraig.tambornini@cityofsanrafacl.org. You can also come to the Planning Division office, located in City Hall, 1400 Fifth Avenue, to look at the file for the proposed project. The office is open from 8:30 a.m. to 5:00 p.m. on Monday and Thursday and 8:30 a.m. to 12:45 p.m. on Tuesday, Wednesday and Friday. You can also view the staff report after 5:00 p.m. on the Friday before the meeting at httn://www.citvofsanrafael.arL,/meqLngs M I WA mumm" U At the above time and place, all letters received will be noted and all interested parties will be heard. If you challenge in court the matter described above, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered at, or prior to, the above referenced public hearing (Government Code Section 65009 (b) (2)). Judicial review of an administrative decision orthe City Council must be Filed with the Court riot later than the 90'h day rollowing the date of the Council's decision. (Code of Civil Procedure Section 1094.6) Sign Language aid interpretation and assistive listening devices inal) be requested b), calling (415) 485-3085 (voice) or (415) 485-3198 (TDD) at least 72 hours' in arkance. Copies ofdociunentstare available in accessibleforinals upon request. Public transportation to Cay Hall is available through Golden 6'rite 7'ransif Line 22 or 23. Para-Iransil is available lay calking [VIdstlestop 111hects at (415,2 454 0964. Page No. 155 To allow individuals with environmental dhiessar andhiple cheinical sensitivity to attend the ineeling1hearing. individuals are requested 4.-4' G---"-;.1_ " I "'­ I _,. "A' ,, ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: Use this cover sheet with each submittal of a staff report before approval by the City Council. Save staff report (including this cover sheet) along with all related attachments in the Team Drive (T:) 4 CITY COUNCIL AGENDA ITEMS -> YEAR -> MEETING DATE --> TOPIC Agenda Item # 5m L Date of Meeting: here to enter, a date From: Paul Jensen [KT] Department: CDD Date: 7/9/2015 Topic: Marin Sanitary Service Master Plan Amendment Subject: Public Hearing for 1050 Andersen Drive/565 Jacoby Street Zoning Entitlements Type: ® Resolution ® Ordinance ❑ Professional Services Agreement ❑ Other: APPROVALS ❑ Department Director Remarks: ® Finance Director Remarks: no changes ® City Attorney Remarks: See tracked changes to all documents. Please note correction of several references to PC instead of City Council. City Manager Remarks: City Clerk Posting Initial Study/Mitigated Negative Declaration Marin Sanitary Services Facility (MSS) Master Use Permit, Development Plan, Zoning Amendments, Jacoby Street Right -of -Way Vacation and Abandonment & Golden Gate Bridge Highway & Transportation District Property Zoning Amendment Project The MSS facilities are located at Andersen Drive and the terminus of Jacoby Street (1050 Andersen Drive and 535-565 Jacoby Street), San Rafael, CA. Assessor's Parcel No.'s: 018-180-723-73,-74,-75&-76 The subject Golden Gate Bridge Highway & Transportation District property lies west of the MSS facilities, south of Jacoby Street and SMART rail right of way, San Rafael, CA. Assessor's Parcel No.: 018-141-03 Lead Agency: City of San Rafael Community Development Department 1400 Fifth Avenue (P.O. Box 151560) San Rafael, CA 94915-1560 Contact: Kraig Tambornini, Senior Planner Monday, May 18, 2015 TABLE OF CONTENTS ENVIRONMENTALCHECKLIST....................................................................................................................27 EXMITS.............................................................................................................................................................. 43 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED..................................................................... 45 DETERNIINATION..........................................................;.................................................................................. 45 EVALUATION OF ENVIRONMENTAL IMPACTS....................................................................................... 46 I. AESTHETICS.............................................................................................................................. 46 II. AGRICULTURE AND FOREST RESOURCES......................................................................... 51 III. AIR QUALITY............................................................................................................................ 53 IV. BIOLOGICAL RESOURCES......................................................................................................64 V. CULTURAL RESOURCES.........................................................................................................68 VI. GEOLOGY AND SOILS............................................................................................................. 76 VII. GREENHOUSE GAS EMMISSIONS......................................................................................... 79 VIII. HAZARDS AND IIAZARDOUS MATERIALS........................................................................ 83 IX. HYDROLOGY AND WATER QUALITY.................................................................................. 86 X. LAND USE AND PLANNING....................................................................................................90 XI. MINERAL RESOURCES............................................................................................................92 XII. NOISE.......................................................................................................................................... 92 XIII. POPULATION AND HOUSING................................................................................................. 95 XIV. PUBLIC SERVICES.................................................................................................................... 97 XV. RECREATION............................................................................................................................99 XVI. TRANSPORTATION/TRAFFIC...............................................................................................100 XVII. UTILITIES AND SERVICE SYSTEMS...................................................................................102 XVIII. MANDATORY FINDINGS OF SIGNIFICANCE ....................................................................105 SOURCEREFERENCES...................................................................................................................................108 PROJECT SPONSOR'$ INCORPORATION OF MITIGATION MEASURES .........................................110 DETERMINATIONFOR PROJECT...............................................................................................................110 DATE: Monday, May 18, 2015 TO: Public Agencies, Organizations and Interested Parties FROM: Kraig Tambornini, Senior Planner SUBJECT: NOTICE OF PUBLIC REVIEW AND INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION Pursuant to the State of California Public Resources Code and the "Guidelines for Implementation of the California Environmental Quality Act of 1970" as amended to date, this is to advise you that the Department of Community Development of the City of San Rafael has prepared an Initial Study on the following project: Project Name: Marin Sanitary Services Facility (MSS) Master Use Permit, Development Plan and Zoning Amendments Location: Marin Sanitary Services Facility (MSS) is located on Andersen Drive and at the terminus of Jacoby Street (1050 Andersen Drive and 535-565 Jacoby Street), San Rafael, Marin County, California, APNs: 018-180-72, -73, -74, -75 & -76. A separate vacant parcel leased by MSS and owned by the Golden Gate Bridge District is located west of the MSS site, south of Jacoby Street and separated from Jacoby Street by SMART rail right of way, at APN 018-141-03. Property Description: The MSS project site is comprised of five (5) adjoining parcels located at the end of Jacoby Street with approximately 82.15 acres in total area. The five parcels were established through prior review and action by the Planning Division in 1995, at which time the Planning Division approved several lot line adjustments to consolidate MSS buildings and facility operations, and designate the upper portion of the site as private hillside open space area. Four (4) parcels are developed and used for MSS operations (Parcels A — D). These parcels are relatively level and comprise 31.28 acres. The fifth parcel (Parcel E) is a densely forested, 50.87 acre, hillside site with an average cross -slope of 39%. The upper slopes of the site include a visually significant ridgeline, San Quentin Ridge, which also provides a boundary line for the San Rafael corporate limits with the City of Larkspur. MSS also leases a separate 2.78 acre parcel to the west from Golden Gate Bridge Highway and Transportation District. This property is undeveloped, subleased for storage uses, and located across SMART rail right-of-way with access from Jacoby Street. Marin Sanitary Service (MSS) has been providing municipal solid waste collection and recycling services to the Marin community since 1948, currently serving over 33,000 residential and commercial accounts in nine communities within Marin County. MSS provides residential and commercial trash pick-up, operates a transfer station, recycling center, nonhazardous materials resource center, household hazardous waste collection program, debris box rental, concrete and soil recovery, wood recovery, commercial food waste collection program, and green waste composting operations. The MSS facility land use currently is permitted under Notice of Intent 3 Marin Sanitanj Services Facilihj - Master Use Permit Amendment Master Use Permit UP96-8 issued by the City of San Rafael (amending prior UP92-7) and a Planned Development (PD1580) zoning district. MSS waste management facility operations are also subject to strict County and State regulations and permitting requirements, including those enforced by the California Integrated Waste Management Board. Master use permit UP96-8, under which MSS is currently operating, had consolidated 12 individual use permits which were previously issued by the City over the years for facility operations and periodic expansions. The main buildings associated with MSS operations are located on Parcel A, with additional operational activities and functions located on Parcels B through D. Parcel B is primarily used for an interim public self -storage use; comprised of metal storage containers placed on the open, paved and fenced yard area. This use is operated as "Rafael Storage", and occupies work areas that currently are not used or needed by MSS for its daily operations. There also is a small ancillary animal keeping/husbandry area housing swine, which in the past has served as a method for disposing of food waste. Wood storage has also been established in various outdoor site locations, which generally complement recovery operations. The current master use permit under which the site is operating (UP96-8) granted approval for up to 240 public storage containers to be placed on Parcel B, as an interim use of unused portions of the site. However, additional public storage containers have been placed on both Parcel B and Parcel D, without benefit of permits and approvals. This expansion of storage uses occurred between 1997 and 2005; resulting in a total of 797 containers installed on both parcels for the personal storage and contractor storage uses, as well as for MSS facilities storage needs. There also is a permitted resource recovery and storage shed on Parcel D which is used for MSS operations. Lastly, commercial sales of soils product transported to the site have been permitted to occur on Parcel C, operated by A&S Landscape Materials, which complement MSS composting and recovery operations (by providing supporting product sales to consumers). Parcel E is a steep upsloping hillside area that tenninates at a ridge to the south, which has been primarily preserved and protected as a private open space. However, a maintenance shed has been previously permitted in an area just south of Parcels C and D, which formerly was developed with an historic residential building. The original house and site once were accessed from a stagecoach path that crossed the site from the east and running west across the ridge, down toward the historic residence and then Jacoby Street. Over the past 15-20 years, the fire access roads and several large adjacent pad areas have been paved with concrete within Parcel E. These areas were used to store and season cut wood, and other materials and equipment. Several storage containers also encroached from Parcel B into Parcel E. There are several retaining walls that separate the operational areas from the hillside open space areas. An unpenmitted gabion constructed on Parcel C has been subject to structural engineering review by the City Public Works Department (i.e., October 2006 plans and engineering by Richard Jensen, engineer). Following a minor upgrade to parking on Parcel A, the site provides parking spaces for 198 vehicles; with 158 spaces provided on Parcel A (Main operations office & industrial), 15 spaces on Parcel B (temporary mini - storage uses), 18 spaces on Parcel C (soils products storage and sales), and 7 spaces on Parcel D (MSS operations). The property also is crossed by right-of-way for a future extension of Jacoby Street. A small portion of this right of way is improved, where it accesses the site from its west end. The remainder of this right-of-way is not needed and has not been used for any public infrastructure. The roadway was previously approved to be abandoned and vacated in 1984. Project Description: The project involves a site rezoning and land use permit amendments to update the existing Master Use Permit, Development Plan and Planned Development Zoning standards for the approximately 82.15 acre Marin Sanitary Services (MSS) Waste Management facility; consisting of solid waste disposal, transfer and resource and recovery operations, and open space lands. The project does not propose to expand any of the current use areas of the site, but would update the current approvals, consolidate boundary lines which would simplify any future development in existing work areas (which is anticipated to respond to waste management industry needs and practices), and to legalize expanded interim storage uses. Notice of Intent 4 Marin Sanitary Services Facilihj - Master Use Permit Amendment The information provided with the amendment proposal includes A) a `Master Use Permit Amendment Application' packet (MSS, MUPA) which describes the project and operations in detail, and accompanying technical reports that have been prepared to support the current amendment proposal, and B) project plans titled `Marin Sanitary Service, Master Use Permit Amendment' (MSS, MUP). Pertinent plan sheets have been referenced within the Initial Study. A summary of project components and modified uses are as follows: Golden Gate Bridge District Property Rezone. Remove property leased from Golden Gate Bridge District, at APN 018-141-03 (across the SMART rail line, west of the MSS site) from the MSS development plan and master use permit and rezone the site from PD 1580 to P/QP (see MSS, MUP Plan Sheet A2.1). The District has indicated that it is not interested in pursuing a separate use permit for the temporary outdoor storage uses on the site, and it intends to vacate the uses when the current leases expire in 2015. Marin Sanitary Service Rezoning. Rezone all five MSS facility parcels from Industrial "I" (Parcel A) and Planned Development PD1580 (Parcels B through E) zoning designations to revised PD. Marin Sanitary Service Development Plan & Use Permit. Re -designate the former lettered parcel areas to use "Areas" A through E. Update the use permit to address the activities permitted within the lettered use areas for MSS operational "work" Areas A through D, and open space uses in Area E. This includes legalizing an increase in the number of public storage containers originally permitted on the site from 240 up to 682, resulting in a net reduction to the number of containers that have currently been placed and occupied on the site by approximately 115 containers. MSS is required to obtain additional building permits for construction of retaining walls built adjacent to the open space boundary and make some minor physical site and infrastructure improvements, as follows; a) install new fire lines and hydrants, b) remove and relocate containers to maintain fire lanes, c) install open space boundary fences and markers, and d) install fencing and landscaping enhancements. The master use permit amendment also recognizes the ongoing goals and need for MSS to address existing and future waste reduction and resource recovery mandates and keep pace with industry innovation and technology; which has been reflected in food waste diversion practices, change in onsite processing of waste streams as well as curbside collection methods. As part of MSS ongoing recovery and waste diversion efforts, MSS has realized a dramatic shift in the industry from waste hauling to conversion of waste to energy (e.g., through Biomass Conversion and Anaerobic Digestion technologies). MSS recently partnered with Central Marin Sanitation District to collect and deliver food waste to CMSD which convert this material to energy on the CMSD site (which converted existing facility structures to food digesters that produces methane which powers an on-site generator). MSS is also actively pursuing the ability in the near future to divert and reduce waste sent to landfills by converting wood chips to energy on-site within the existing permitted waste management facility areas using new technologies (e.g., Biomass Conversion); that would be regulated by the Bay Area Air Quality Management District (BAAQMD) and will be part of the current CalRecycle and County Health permits. A self-contained anaerobic digestion unit to make renewable power from bio -methane generated from food and green waste will likely be installed in the near future, which could supply up to 2.1 million kwh power per year to meet the entire facility energy demand or up to 160,000 of gallons equivalents of renewable natural gas to fuel a fleet of 16 heavy-duty vehicles. The hours of operations of the Transfer Station and the proposed anaerobic digestion facility will be harmonized to allow 24 hours activity to occur among the inter -related technologies to allow the handling of organic feedstocks within the Transfer Station. The hours of operations of MRRC and the proposed biomass conversion facility will also be harmonized to allow 24 hours activity to allow the handling of wood chips to the biomass conversion facility. Notice of Intent a Marin Sanitanj Services Facility - Master Use Pernnit Amendment The operating hours are 24 hours per day and secure when the front gate is closed. The permitted hours of Operation will be the following: Waste Receipt: Site Operations: Transfer Station MRRC Anaerobic Digestion 12 a.m. to 4 p.m. 5 a.m. to 12 a.m. 24 hours 24 hours 24 hours Biomass Conversion 24 hours 7 days per week 7 days per week 7 days per week 7 days per week 7 days per week 7 days per week The Facility is open seven days a week year-round, and only closes on Thanksgiving, Christmas, New Year's Day and Easter. The MSS proposed land use areas, including distribution and use of the storage containers (which is the only change in existing permitted land use activities proposed as part of this amendment) would be as follows (see MSS, MUP Plan Sheet A4): ➢ Area A: Approximately 12.2 acres at 1050 Andersen Drive containing the majority of the MSS waste management facility buildings (i.e., recycling center, transfer stations, resource recovery, household hazardous waste, metals and wood materials recovery, 16,173 square feet administrative and dispatch offices including 6,466 square feet of office space and 9,707 square feet of warehouse, 72 covered truck parking and loading docks, 8,400 square foot repair and maintenance shop and a truck washing bay.) ➢ Area B: Approximately 5.12 acres south of Jacoby Street at the site entrance of Jacoby Street, proposing legalization and expansion of public storage uses within this area (aka, Rafael Storage), , and an existing interim small animal husbandry pen housing approximately 50 barnyard animals (pigs, goats, horses) used for stripping yard waste. The animal keeping and public storage container uses include the following characteristics: Animal Keeping Use The following operating conditions apply to the animal keeping activity: o Animal waste is removed from the site, on a weekly or bi-weekly basis. o The area animal keeping area is maintained with fresh straw/woodchips and sawdust. Public Storage Container Use The modular public (and MSS facility private) container storage activities are considered a long-term interim uses, and the areas used for container storage are reserved for future MSS facility operations; including but not limited to inert processing, materials storage, recycling and ancillary sales of materials. The existing baseline public container storage use in Area B: ➢ Existing Public Storage (per current use permit): 240 containers (38,400 sf container area) ➢ Proposed Public Storage (to legalize): 155 containers (25,234 sf container area) Total: 395 containers (63,634 sf container area) It should be noted that 75 containers (11,120 sf of container storage area) are currently located in Area B, which are proposed to be removed as part of this request to legalize the expansion of public storage use on the property. Notice of Intent 6 Marin Sanitary/ Services Facilihj - Master Use Pennit Amendment ➢ Area C: Approximately 5.92 acres just east of Area A and Area B, used for inert processing operations including concrete recycling recovery and bulk storage of soil products, fire wood storage above a gabion wall, and ancillary sales of materials associated with and in support of recovery operations. ➢ Area D: Approximately 8.03 acres used for inert processing operations including bulk storage and soil recycling, legalization of modular container storage units for MSS and public self-storage/contractor, and a 10,200 square foot Resource Recovery and Storage building. Container storage areas are considered a long-term interim use and the area is reserved for future operational uses. Ancillary sales of materials associated with and in support of recovery operations is also a part of operations. The container storage in this area contain the following characteristics: Storage Containers ➢ Public Storage (to remain/legalize): ➢ MSS Operations: 233 containers (37,120 sf container area) 54 containers (8,840 sf container area) The project would include the removal of 40 containers that are currently being used for public storage in this area (6,320 sf of container storage). Thus, the combined public storage use in both Area B and Area D, if approved, would increase the permitted container use from 240 containers (38,400sf) to 682 containers. This translates into a net increase in total permitted public storage containers by 442 containers (62,354sf of container area). ➢ Area E: Approximately 50.87 acres as private hillside open space, south of the operational "work" areas A through D. This parcel contains paved fire roads, limited grazing, bee and animal keeping, and a 1,886 square foot storage shed. Non -permitted seasonal fire wood storage has been eliminated. Marin Sanitary Service Lot Consolidation & Open Space Boundary. Consolidate all five of the adjacent MSS facility Parcels A through E as one legal lot of record (see MSS MUP Plan Sheet A3, C4.1 and C4.2) and adjust the open space boundary for Area E as shown on the development plan map to reflect existing encroachments with no net change in open space area lands, remove unpermitted uses and activities, and install gates and markers to clearly demarcate the open space boundary. The consolidation would make the property consistent with floor area ratio standards contained in General Plan 2020. (see MSS MUP Plan Sheet A3). • Open Space Improvements. Legalize 265,000 square feet of concrete paving placed on the fire roads and creating excess paved areas throughout the private open space Area E (current Parcel E) (see MSS MUP Plan Sheet C1.2). Potential for removal of 104,700 square feet of concrete paving has been identified and evaluated (2,600 cubic yards) (see MSS MUP Plan Sheet C1.3). Several existing small animal keeping operations and small structures would remain. • Parking Upgrades. Upgrade on-site parking from the current 198 spaces to 228 total spaces (see MSS MUP Plan Sheet A5). • Jacoby Street Right of Way Abandonment & Vacation. Abandon a 60400t wide improved portion of Jacoby Street that extends past an existing gate access into the site and incorporate this roadway as part of the PD, grant new utility easements, and vacate remaining 30 -foot wide unimproved and unutilized Jacoby Street right of way (see MSS MUP Plan Sheet C2.1). • Drainage, Landscape and Utility Improvements. Install new drainage improvements, stormwater bio- swales and landscape improvements (see MSS MUP Plan Sheets C1.1, C3.1, and L1A through L2.1). Provide improved fire protection for the site, including a new 8" fire line extending from Andersen Drive with three new fire hydrants in Area D, and installation of a four new fire hydrants and 8" fire line serving Area C (see MSS MUP' Plan Sheet A5). The use of the site as a waste management facility is also subject Notice of Intent 7 Marin Sanitanj Services Facility - Master Use Permit Amendment to ongoing storm water monitoring of its industrial activities by the State Water Resources Control Board. The project would include further upgrades to the site's stormwater pollution prevention plan and program as part of the local land use permit amendments. Zoning Entitlements and Other Permits: The project requires a PD Zoning District Amendment, Use Permit, Environmental and Design Review Permit and Subdivision (Lot Line Adjustment/Consolidation) zoning entitlement actions, and a right of way abandonment and vacation action by the City Council. Subsequent building, grading and encroachment permits would be required to implement proposed site work proposed, which would be established as a condition of project approval. As noted, in addition to local Planning review of land use permits by the City Planning Division, and the City Fire Department, Public Works and Building Division requirements, the waste management facility is also subject to regulation and permitting by the following agencies: ✓ State Water Resources Control Board ✓ California Integrated Waste Management Board ✓ CalRecycle ✓ Bay Area Air Quality Management District ✓ Regional Water Quality Control Board ✓ Marin County Environmental Health Environmental Issues: Potentially significant impacts have been identified in Air QualitX, Biological Resources, Cultural Resources, and Hazards; which may occur as a result of the changes that have been made to existing facility use areas and the site improvements required to address these changes. Tia rc impacts also have been identified with standard mitigation required for additional traffic trips generated from existing expanded public storage container uses. All potentially significant project impacts would be mitigated to a less -than -significant level through implementation of recommended mitigation measures or through compliance with existing Municipal Code requirements or City standards. Recommended measures are summarized in the attached Mitigation Monitoring and Reporting Plan (MMRP) and Initial Study/Mitigated Negative Declaration. The Initial Study/Mitigated Negative Declaration document has been prepared in consultation with local, and state responsible and trustee agencies and in accordance with Section 15,063 of the California Environmental Quality Act (CEQA). Furthermore, the Initial Study/Mitigated Negative Declaration will serve as the environmental compliance document required under CEQA for any subsequent phases of the project and for permits/approvals required by a responsible agency. A thirty -day (30 -day) public review period is required for this project which is subject to local permit authority for the updates to the current zoning entitlements and for regional and state permits from Responsible Agencies. The public review period shall commence on Monday, May 18, 2015. Written comments must be sent to the City of San Rafael, Community Development Department, Planning Division, 1400 Fifth Avenue, San Rafael CA 94901 through Tuesday, June 23, 2015, 5:00 PM. The City of San Rafael Planning Commission will hold a public hearing on the Initial Study/Mitigated Negative Declaration and project merits on Tuesday, June 23, 2015, 7:00 PM in the San Rafael City Council Chambers at City Hall (address listed above). Correspondence and comments can be delivered to Kraig Tambornini, project planner, phone: (415) 485-3092, email: kraig.tambornini@cityofsanrafael.org. Notice of Intent 8 Marin Sanitanj Services Facilihj - Master Use Permit Amendment ooa� C O a) Cd i, 4•a + C O C �p U U O Cd .ter > 0 -- U Cd N O U N '� ca ,:j ^d O p U cd O tD ca 0 as b U O G O G U V a) ¢ C as rn p� tO. U3 cc C '�.+ b�A O C O N O p �O p b C 3 O Gl bq co 'y h p U pA CL 'b p C4 cd 0O t, U 15 p ', xi. C¢ o Co N Y 'v O0 En a ten, OJ.,N.b p r O a0 O a•� U y cn pC to °? v 3 y o Iz u o a cd i M a ia� o 04 b b .n A. '0 a a GUrn o cu 0Wo 'o = b " .c 3 3 aEn u•Ca w 0 U3 a u. = '4 O cCv 0 w o o 0 o O C C (U a O O N C O a) Cd i, 4•a + C O C �p U U O Cd .ter > 0 -- U Cd N O U N '� ca ,:j ^d O p U cd O tD ca 0 as b U O G O G U V a) ¢ C as rn p� tO. U3 cc C '�.+ b�A O C O N O p �O p b C 3 O Gl bq co 'y h p U pA CL 'b p C4 cd 0O t, U 15 p ', xi. 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' ::I O � � Q O Wm + a)" O N U O N O a -0 cpa) U N'.o y ; n ->ai N O -y o � cd O > U 4- tp a O n Go ° a) o� P. o O (.)i 0 a. ,a cu? b Op bo C . �N O q —0Han , - a`d u3 cd GNua O c a> N_p41a. m >, cd .� ' M =w d cd ay + -ID c�l G' r O u Mm c a) N r y 0 q N W bo 4. c l bD 4 -cd > +-' iC co b a) �� d su. w a) o O Qo +� bb N as cd • a) •rn InVc �ON cd ' O U NU ° U bA •U Q. •�.+ °a U a 14 o�0.i o. a 0 ao�w o a ci W41 14 w N ENVIRONMENTAL CHECKLIST 1. Project Title 2. Lead Agency Name & Address 3. Contact Person & Phone Number Marin Sanitary Services Facility, Master Use Permit and Development Plan Amendment City of San Rafael Community Development Department, Planning Division 1400 Fifth Avenue (P.O. Box 151560) San Rafael, California 94915-1560 Kraig Tambornini, Senior Planner Phone number: # (415) 485-3092 Email: kraig.tambornini@cityofsanrafael.org 4. Project Location The site is located in the City of San Rafael, Marin County, California at the end of Jacoby Street (1050 Andersen Drive and 535-565 Jacoby Street), Assessor's Parcel No's. (APN) 018-180- 72, -73, -74, -75 and -76. A separate parcel that is leased by MSS from Golden Gate Transit District is located west of the MSS site, south of Jacoby Street and separated from Jacoby Street by SMART rail right of way, at APN 018-141-03. (Refer to Exhibit A, "Vicinity Map"). 5. Project Sponsor's Name & Address Project Sponsor Marin Sanitary Services, Inc. 565 Jacoby Street San Rafael, CA 94901 Sponsor's Representative Fred Divine Fredric C. Divine Associates, Architects 1924 Fourth Street San Rafael, CA 94901 6. General Plan Designation Industrial (APNS: 018-180-72, -73, -74 & -75 / APN 018-141-03) ; and, Conservation (APN: 018-180-76) 7. Zoning Industrial (APN: 018-180-72); Planned Development (APNS: 018-180-73, -74 & -75 and 018-141-03); and, Public/Open Space (APN: 018-180-76) 8. Description of Project Setting and Background The Marin Sanitary Service (MSS) site is comprised of five (5) adjoining parcels located at the terminus of Jacoby Street, witll approximately 82.15 acres in total area. Four (4) of the parcels (Parcels A — D) are developed and used by MSS for its facility operations. These parcels are flat and comprise 31.28 acres. The fifth parcel (Parcel E) is a densely forested, approximately 50.87 acre hillside site with an average cross -slope of 39%. The Environmental Checklist Form 27 Marin Sanitanj Services Facilihj - Master Use Pennit Amendment MSS site is generally located at Jacoby Street, south of Andersen Drive, east of highway 101 and south of I-580. In addition, MSS leases a long and narrow 2.78 acre sloped parcel parallel to highway 101 from the Golden Gate Bridge Highway & Transportation District (GGBHTD), to the west of its primary operations that it uses for outdoor storage (APN 018-141-03) which is currently a part of the MSS Master Plan. This property is undeveloped land which is separated from the MSS facility by the SMART railroad right-of-way, and accessed from Jacoby Street. See Initial Study Source Reference 6 MSS MUP Amendment plan sheets Al & A2.1 and Source Reference 7 - Project Description. Jacoby Street is a short, 60' -wide, city -maintained, surface street accessed by Andersen Drive, which terminates directly at the site. The public right-of-way (ROW) for Jacoby Street currently continues from the end of improved Jacoby Street through the site before returning to Andersen Drive east of the site. In 1984, the San Rafael City Council (Resolution No. 6780) approved vacation of the unimproved portion of this public ROW, which was never executed. Since 1948, Marin Sanitary Service (MSS) has been providing municipal solid waste collection and recycling services on the site serving over 33,000 residential and commercial accounts in nine communities within the County. MSS provides residential and commercial waste pickup, operates a transfer station, recycling center, non- hazardous materials resource center, household hazardous waste collection program, debris box rental, concrete and soil recovery, wood resource recovery, commercial food waste program, and green waste composting operations. The MSS site has a current land use approval from the City (UP96-8) and Planned Development (PD1580) zoning district. In addition to local requirement for land use and building permits, the waste management facility operations are further regulated by State, Regional and County agencies (i.e., State Water Resources Board, California Department of Resources, Recycling and Recovery (CalRecycle), Regional Water Quality Control Board and Marin County Environmental Health Services, acting as the Local Enforcement Agency (LEA) for CalRecycle, and the Bay Area Air Quality Management District). These agencies establish requirements to protect the public health and safety, as well as enforce mandates for the operator to effect reductions in waste streams (through reuse, recycling and other efforts). MSS actively pursues innovations to comply with waste recycling and landfill diversion mandates imposed by the State. All of the buildings for the MSS operation are located on Parcel A, though some operational activity also occurs on Parcels B through D. Parcel E is undeveloped and protected private open space. In 1993, the San Rafael Planning Commission conditionally approved a Master Use Permit (UP92-007) that consolidated 12 separate Use Permits issued for MSS operations. hi 1996, this Master Use Permit was amended (UP96-008). The characteristics and uses on each of the MSS parcels are provided below (see Source Reference 6, MSS MUP plan sheets A2 through A5.3 and Source Reference 7, Project Description). Parcel A (APN: 018-180-72) Parcel A is approximately 12.2 acres in size, located between Andersen Drive and Jacoby Street, north of the entrance to the MSS facility site. Currently, Parcel A has an Industrial (I) District zoning classification and an Industrial (I) General Plan land use designation. The existing Master Use Permit allows concentration of MSS facility structures and operations on this parcel, including the `Marin Recycling Center', `MSS Transfer Station', `Marin Resource Recovery Center', `Marin Household Hazardous Waste Facility', the former bio -gest machine, food waste recycling, administrative offices, covered truck parking and repair services canopies or ports, a machine and/or repair shop, storage, and on-site parking. These permanent building work areas total approximately 237,716 square feet of gross floor area (not including 54,307 square feet of covered parking area); resulting in a 0.45 floor area ratio (FAR) for this current parcel area). The buildings provide 2,770 square foot administrative and dispatch office area, 72 covered truck parking and loading docks, 8,400 square foot shop and maintenance building and truck wash bay. Current uses on the parcel are in substantial compliance with the existing Master Use Permit. See MSS MUP Amendment Sheet A2 — Site Plan Existing Conditions. The Solid Waste Facility Permit boundary of 8.5 acres includes the portions of Parcel A that encompasses all of the MSS Environmental Checklist Forni 28 Marin Sanitanj Services Facilihj - Master Use Permit Anrendnrent Transfer Station and the Marin Resource Recovery, as well as the Jacoby Street access road, and a sliver of land along Parcel B that includes portions of the animal husbandry facility. Parcel B (APN: 018-180-73) Parcel B is approximately 5.12 acres in size, located south of Jacoby Street, south of the vehicular entrance to the MSS facility site. Currently, Parcel B has a Planned Development (PD 1580) District zoning classification and an Industrial (I) General Plan land use designation. The existing Master Use Permit allows a 48 -space parking lot, a five -acre, fenced animal husbandry facility with pens and shelters for approximately 50 `barnyard animals,' primarily, domestic pigs and fowl, and storage uses, including material storage, container storage, and contractor storage. In 1997, the San Rafael Zoning Administrator through Environmental and Design Review Permit (ED96- 109) allowed 240 shipping containers for public self -storage use on the parking lot and surrounding contractor's storage area, with eight (8) parking spaces and street front fence and landscape screening. Current uses on the parcel include 470 shipping containers used for public self -storage use. A 25' -wide Marin Municipal Water District (MMWD) access and pipeline easement is located along the entire western property boundary line of Parcel B, which connects to a 2.93 -acre, MMWD parcel located upslope, immediately west and south of Parcel E. Parcel C (APN: 018-180-74) Parcel C is approximately 5.92 acres in size, located south of Parcel A and east of Parcel B, where Jacoby Street terminates into the MSS site. Currently, Parcel C also has a Planned Development (PD 1580) District zoning classification and an Industrial (1) General Plan land use designation. The existing Master Use Permit allows primarily material composting and bulk storage, including inert or concrete processing. Current uses on the parcel are in substantial compliance with the existing Master Use Permit. No structures exist on Parcel C. Parcel D (APN: 018-180-75) Parcel D is approximately 8.03 acres in size, located east of Parcel C, on the vacated or abandoned portion of the Jacoby Street ROW. Currently, Parcel D also has a Planned Development (PD 1580) District zoning classification and an Industrial (I) General Plan land use designation. Like Parcel C, the existing Master Use Permit allows primarily material composting and bulk storage, and storage of equipment and debris off -haul containers or boxes. In 2001, the San Rafael Zoning Administrator approved an Environmental and Design Review Permit (ED01- 134) to allow the construction of a storage shed, approximately 10,200 square feet in size, for use as storage for the owner, housing historic military equipment, and as a resource and recovery building. Current uses on the parcel include 327 shipping containers for public self -storage use/MSS use, and the resource recovery and storage building. A 25' -wide, Pacific Gas & Electric (PG&E) overhead transmission line easement bisects Parcel D in a north -south direction and continues upslope through Parcel E. Parcel E (APN: 018-180-76) Parcel E is approximately 50.87 acres in size, located upslope and south of Parcels A -D. Currently, Parcel E has a Public/Open Space (P/OS) District zoning classification and a Conservation (C) General Plan land use designation. It is listed in the San Rafael General Plan 2020 as a site once prioritized for open space purchase. Parcel E is an undeveloped, forested, private open space hillside with a network of historic fire roads. The upper slopes of Parcel E include a visually significant ridgeline, San Quentin Ridge (Bartel Ridge), which also provides a southern boundary line for the San Rafael corporate limits with the City of Larkspur. The existing Master Use Permit prohibits all development on Parcel E, except for animal grazing and small ancillary animal keeping structures. Current uses on the parcel are in substantial compliance with the existing Master Use Permit, which includes an existing legal nonconforming maintenance/storage structure approximately 1,886 square feet in size located just above the border of Parcels C and D. This area as formerly occupied by an historic home that was removed prior to issuance of the previous use permit and design approvals. Unpermitted container, dirt and wood Environmental Checklist Form 29 Marin Sanitary Services Facilihj - Master Use Pennit Amendment storage has been removed from the site over the past several years, with a few remaining containers to be removed near Parcel B. The network of existing fire roads have been improved with concrete and widened significantly in portions of Parcel E. These are proposed to remain as paved access roads. Storage of materials and containers had also occurred on this site, in conflict with zoning approvals, which since have been removed. A 25' -wide, Pacific Gas & Electric (PG&E) overhead transmission line easement bisects Parcel E in a north -south direction. A 25' - wide, Marin Municipal Water District (MMWD) access and pipeline easement is located along the western property boundary line of Parcel E, which provides vehicular connection from Parcel B to the MMWD parcel located immediately west and south of Parcel E. Project Details The project proposes to update the existing Master Use Permit 96-8 to allow MSS to continue to provide state-of- the-art municipal solid waste collection and recycling services on the site while making needed site improvements. The permitted daily tonnage and daily traffic amounts will not be increased as part of this project. The site uses include waste management operations and interim public storage and soils sales uses, which are compatible with or complement the existing site uses. The PD rezoning and use permit amendment would remove the 2.78 acre Golden Gate Bridge District property, approved as separate outdoor storage site, from the MSS facility operations and master use permit. The PD zoning changes consist of text edits, with adjustment of the boundary to incorporate Parcel A, and move the Golden Gate Bridge District property from PD to conventional zoning. Physical changes that would occur as a result of the amendment and update to the MSS waste management facility site and operations would include: a) Adding an anaerobic digestion facility of up to 12,500 tons per year of food waste and green waste within the footprint of MSS Transfer Station or as a stand-alone facility in the existing outdoor operations yard Parcel C. b) Adding a 1 mega -watt wood chip biomass conversion facility as a stand _.. alone facility in Parcel D. c) Minor trenching for new fire lines and hydrants through the existing permitted work areas. d) Removal of several of the unpermitted storage containers with adjustment made for containers proposed to remain to provide adequate fire access lanes through the site. e) Installation of permanent open space boundary markers to clearly delineate work areas from the open space boundary. And, f) Installation of minor fencing and landscaping enhancements to respond to changed conditions. No other significant operational uses or expansion to the existing work areas are proposed or anticipated. Subsequent local approvals would be required for issuance of grading and building permits would also be required. Also, the local water district (MMWD) would require the applicant to obtain approval for extension of water and fire suppression lines to serve those areas of the property currently not being adequately served. The Solid Waste Facility Permit will need to be revised by County Environmental Health Services and concurred with by CalRecycle to add the anaerobic digestion facility. The Bay Area Air Quality Management District (BAAQMD) will need to issue an Authority to Construct and a Permit to Operate the food waste and green waste anaerobic digestion facility and the wood chip biomass conversion facility, and also permits equipment and machinery individually to mitigate potential air pollution from activities on the site with the issuances of Permits to Operate, which are renewed annually. The State Water Resources Control Board (SWRCB) requires a National Pollutant Discharge Elimination System (NPDES) permit to demonstrate how non -point source discharge is handled on the property so that it won't pollute the State's water resources. A Storm Water Pollution Prevention Plan (SWPPP) has been prepared and is located on-site, with an Annual Report filed with the RWQCB. Environmental Checklist Form 30 Marin Sanitanj Services Facilihj - Master Use Pennit Amendment Applications submitted to the City for review and approval include the following: 1) PD Amendment. Rezone and approve an overall development plan for the entire MSS site (the San Rafael General Plan 2020 requires Planned Development zoning for sites larger than five acres), and separate the satellite parcel owned by the GGBHTD from the current PD zoning and master use permit. 2) Master Use Permit. Master Use Permit Amendment to add, update and revise the existing conditions of approval for the operation of the MSS site and add the anaerobic digestion facility and the biomass conversion facility. The GGBHTD parcel would not require any separate approvals or permits (existing outdoor storage uses on this site would not be continued after the current lease expires in May 2015). 3) Environmental and Design Review Permit. Environmental and Design Review Permit to allow for the site improvements proposed by the project, including parking and landscape improvements; 4) Lot Line Adjustment. Lot Line Adjustment to reflect consolidation of Parcels A, B, C, D and E; 5) Right of Way Abandonment & Vacation. Right of way vacation and abandonment for a portion of Jacoby Street that lies beyond the main access gate to the facility, and for the remaining unused portion of right of way; and 6) Utilities, Grading and Landscaping. Fire line and hydrant upgrades and utility easements and new water line connections. Transmission lines are proposed to connect to the AD Facility and the biomass conversion facility to the grid. A feed -in tariff is available for selling excess electricity back to utility during off-peak periods. The details of each zoning entitlement and the related site improvements are further described as follows: Zoning Amendment (ZC09-001) Currently, Parcel A is zoned Industrial (I) while the remaining Parcels B through E are regulated by an adopted Planned Development District zoning (PD 1580). The amendment would bring the entire site within the same zoning classification and subject to a single updated Master Use Permit that would regulate operational and open space uses for the entire 82.15 -acre MSS site. The project would essentially incorporate Parcel A into the current PD District established for MSS. This would also help facilitate desired consolidation of the property and provide for regulation of the entire site under a single zoning classification. As part of the zone change, and consolidation of lots, the current `Parcel' areas are proposed to be re -designated on the land use plan as specific use `Areas'. The draft PDrezoning would replace the current PD 1580 development plan text and map designating the permitted industrial and open space uses of the site and areas, and implementing the following development standards for the MSS site: Floor Area: Industrial use Areas A through D shall be subject to a 0.38 industrial floor area limitation for storage and industrial facility operations, including up to twenty-five percent (25%) administrative office space allowance. The open space/conservation use Area E shall be subject to a 0.0 floor area allowance; except that one existing legal non -conforming 1,886 square maintenance/storage structure may be maintained in good repair and condition consistent with the nonconforming use and structure provisions of the Zoning Ordinance. Yards: The minimum required front yard setback from Andersen Drive shall be 10 feet. This setback shall be landscaped. Environmental Checklist Form 31 Marin Sanitary Services Facility - Master Use Permit Amendment Maximum Building Height: Thirty-six feet (36') Minimum Landscaping: Ten -percent (10%) of site area Parking Requirements: Parking for uses shall be established by the Master Use Permit, based on the San Rafael Zoning Ordinance Parking Tables. Other Development Standards: Development of the site with additional structures, uses or improvements shall be reviewed based on the San Rafael Zoning Ordinance requirements (i.e., Site and Use Regulations, Performance Standards, Signs, and Environmental and Design Review). Should any conflicts arise between the provisions of this PD district and the additional Zoning Ordinance development standards, the community development director shall which standard is appropriate. The above development standards are consistent with the existing level of development anticipated for and permitted on the MSS facility site. In addition, the satellite and landlocked vacant parcel located to the west of the property, and south of Jacoby Street and the SMART rail right of way would be removed from the current PD (1580). The property does not contain any- MSS facility operations, and lies between highway 101 and railroad rights of way. A P/QP designation or other conventional zoning designation is recommended. Currently, the GGBHTD owns this parcel and the City historically allowed outdoor storage as an interim use of the property. P/QP is deemed appropriate for the current and future anticipated uses of the property for highway or rail transportation purposes, and adjoining parcel zoning. The land use plan for MSS is shown on Source Reference 6, sheet A4. The map for the area including the GGBHTD parcel is also provided as an attaclunent to the draft PD document. No intensification in land uses would result from the PD rezoning incorporating the developed Parcel A. Amendment to Master Use Permit (UP09-020) The MSS site currently operates under the existing Master Use Permit (UP96-8). MSS also operates under a Solid Waste Facility Permit (SWFP) issued by the Marin County Community Development Agency, Environmental Health Services Division (EHS), No. 21 -AA -0005. The SWFP is a permit reviewed every five years by the EHS and concurred with by the State agency, CalRecycle, for solid waste handling activity or operations. The SWFP is currently limited to the 8.5 -acre area incorporating the MSS Transfer Station and Marin Resource Recovery Center operations on Parcel A and portions of Parcel B but could be expanded by 0.5 acres to add the stand-alone anaerobic digestion facility in Parcel C. Household hazardous and electronic waste operates under funding by the Marin County Hazardous and Solid Waste Joint Powers Authority (JPA) with oversight by the San Rafael Fire Department. Net building floor area associated with the one and two story industrial and administrative waste facility uses is approximately 237,716 square feet, with an additional 54,307 square feet of covered parking area. A copy of the SWFP is provided and attached as Source Reference 20. The project proposes to amend the existing Master Use Permit for the MSS site to reconcile various uses and activities associated with the MSS waste management facility operations, including some encroachments made into the private hillside open space lands, and to legalize an increase in the permitted number of eight foot (8') high shipping containers established on the site for public self -storage use. As part of the project, the current `Parcel' numbers would be re-established on the development plan as use `Areas'. The GGBHTD parcel is would be permitted to continue outdoor storage as interim use of the property, until such time as the uses ceases which is Environmental Checklist Form 32 Marin Sanitanj Services Facilihj - Master Use Permit Anrendnrent anticipated to occur when the current lease expires in May 2015. The master use permit amendment proposal is listed as Source Reference 7 of this initial study. As part of the MSS amendment, an expansion of storage containers permitted in Area B (current Parcel B) is requested to increase the permitted number of containers from 240 containers to 395 containers. The project also requests approval to legalize 233 containers on Area D for public and private storage and another 54 containers used by MSS operations. There would be a net reduction in the number of existing container storage units in the site, which as noted exceeds the current use permit allowance: Additionally, fire lane and hydrant improvements are required for both container storage areas. The maximum number of containers may vary slightly, subject to payment of traffic mitigation fees for the total number of the permitted expansion. However, the storage areas shall be limited to the specified locations with drive aisles and fire lanes maintained as proposed. As a result, the site would add 388 containers for public storage/contractor storage; totaling approximately 63,634 square feet of container storage, 25,234 square feet on Area B, and 37,120 square feet on Area D. The 54 containers for MSS operations would provide approximately 8,840 square feet of industrial storage area for existing facility operations. The ancillary public storage use to remain/legalize would result in 62,354 square feet of net new public/contractor storage area. The master use permit amendment also recognizes the ongoing goals and need for MSS to address existing and future waste reduction and resource recovery mandates and keep pace with industry innovation and technology; which has been reflected in food waste diversion practices, change in onsite processing of waste streams as well as curbside collection methods. As part of MSS ongoing recovery and waste diversion efforts, MSS has realized a dramatic technological shift in the industry from waste hauling to conversion of organics to energy through the biomass conversion of clean wood chips, and the anaerobic digestion of food waste and green waste. MSS recently partnered with Central Marin Sanitation District to collect and deliver food waste to CMSD which converts this material to energy on the CMSD site (which converted existing facility structures to food digesters that produces methane which powers an on-site generator). MSS is now seeking to divert and reduce waste sent to landfills by converting organics to energy on-site within the existing permitted waste management facility areas using new technologies (e.g., biomass conversion and anaerobic digestion); that would be regulated under CalRecycle and County Health permits as well as the BAAQMD. Anaerobic Digestion Facility for food waste and green waste A self-contained anaerobic digestion facility generates renewable power from bio -methane (also known as "biogas") from the digestion of food waste and green waste will be installed in the near future within the existing MSS Transfer Station area or as a stand-alone unit on Parcel C that would include 8,500 square feet on new structures. Food waste and green waste may be sourced from both commercial, multi -family, and residential sources. The facility which could supply up to 2.1 million kilo -watt power per year to meet the entire facility energy demand or up to 160,000 of gallons equivalents of renewable natural gas to fuel a fleet of approximately 16 heavy-duty vehicles. The hours of operations of these facilities will be harmonized to allow 24 hours activity to occur among the inter -related technologies where food waste and green waste may be processed in -door the MSS Transfer Station of the stand-alone AD Facility 24 hours per day. Anaerobic digestion is considered a form of composting in the Public Resources Code where the material will count as 100% landfill diversion and the energy generated would be considered renewable. Composting is a permitted activity on the site. The facility would not expand the daily tonnage or daily traffic of the existing operations, and expects to continue providing service for its nine (9) Marin communities within the existing operational site areas. The Solid Waste Facility Permit will need to be revised to accommodate operating this facility and possibly increasing the permitting area from 8.5 acres to 9.0 acres. The anaerobic digestion (AD) facility would be capable of processing up to 12,500 tons per year of food waste and green waste, or an average of 50 tons per day, into bio -methane (gaseous product generated by the degradation of organic matter under anaerobic conditions) that would be cleaned and converted into renewable compressed natural gas (RNG) or generate renewable energy from a combined heating and power (CHP) unit. A detailed Project Description for Anaerobic Digestion Emissions Facility with Site Map and renderings for this equipment is Environniental Checklist Fonn 33 Marin Sanitanj Services Facility — Master Use Permit Amendment provided as an Attachment (Source Reference Exhibit 17) The Anaerobic Digestion Emissions Estimate Report and Odor Impact Minimization Plan has also been prepared and provided as an Attachment (Source Reference Exhibit 19). The smaller stand-alone AD facility on Parcel.0 option would only process 5,000 tons per year and includes an Access Hall (acting as an enclosed mixing area with aeration) of 6,800 square feet where the food waste and green waste is received and stored, 4 anaerobic digesters with a percolate tank of 1,500 square feet, an environmental control device, an emergency generator. This would generate 15 million cf/yr of methane that would then be harnessed to produce combined heating and power (CHP) to generate 832,200 kilo -watt hours per year of renewable energy and would be used to power on-site operations. The larger stand-alone AD facility option within the MSS Transfer Station option includes an Access Hall and has 8 anaerobic digesters instead of 4, allowing up to 12,500 tpy of material to be processed annually. This would generate 41 million cf/yr of methane that would then be harnessed to produce combined heating and power (CHP) to generate 2,080,000 kilo -watt hours per year of renewable energy and would be used to power on-site operation. The amount of CHP generated annually at the increased capacity would be enough to support the electricity needs of the entire facility with the balance being sold to the electricity grid The larger stand-alone AD facility option of 12,500 tpy could converted the biogas into a transportation fuel instead of renewable energy where the biogas would enter a biogas upgrade system and would produce renewable compressed natural gas (RNG).The amount of RNG generated annual would be 160,000 diesel gallon equivalent (DGE) that could be used to supply approximately 16 collection vehicles or other CNG vehicles in the community. The overview of system operations is as follows as shown in the figure below: • The source -separated organic waste will be delivered to an enclosed building on negative air pressure aeration bay, or access hall, to control odors and emissions. • The food waste and green waste is mixed at a ratio of 2:1 and loaded into one of the digesters. • The fennentation process begins in which feedstock is inoculated with percolate to begin the digestion process. • Electrical power would be supplied by a combination of the boiler system, micro -turbine and/or grid - supplied power. • A biofilter is used to clean the exhaust gases to reduce emissions by 90% and minimize odors. • The biogas rendered from the upgrading process is submitting to a combined heating and power (CHP) process rendering renewable electricity and thermal energy that will feed back into the anaerobic digestion process. • Alternatively the biogas generated is purified to transportation fuel quality CNG using a biogas upgrade to produce carbon negative renewable CNG. The compression and fueling system is designed to integrate with the AD Facility to provide the transportation fuel. • The solid digestate would be transported to a permitted compost facility for maturation. Environmental Checklist Forni 34 Marin Sanitanj Services Facilihj - Master Use Permit Anrendnient CNG COLLECTION TRUCKS GREEN WASTE FOOD WASTE The AD system uses a Zero Waste Energy (ZWE) Smartferm design, where received feedstock is subject to an inoculated percolate to promote anaerobic digestion. The Smartferm system utilizes a sub -grade percolate tank, motors and fans to promote the decomposition process. Each of the digester cells are fabricated from steel to avoid erosion and minimize cost of manufacturing over using pour -in-place concrete cells. The purpose of aeration (for up to one day) of the blended materials would be to initiate aerobic composting and rapidly increase the temperature of the material to between 120 to 130°F. Then, heated liquid percolate would be circulated through the organics to initiate and promote anaerobic digestion. The liquid percolate would be the liquid by-product of previous AD cycles and serves to inoculate and increase the moisture content. The organics would then be loaded into the AD system for the recovery of biogas. Biogas would be recovered and sent to a BioCNG system that would upgrade the biogas to fuel quality (about 99% methane) and produce a waste gas of 40% methane. The waste gas would be used to operate a microturbine or boiler unit. The heat from the microturbine or boiler unit would be used to heat the percolate and maintain the organics at thermophilic (>122°F) temperatures. The fuel• quality biogas would be compressed and stored. Air would be drawn through the material through negative aeration to strip ammonia. This off -gas would be passed through an acid scrubber to remove ammonia, and then passed through a biofilter to oxidize emissions and minimize odors, trace ammonia, and volatile organic compounds (VOCs). Exhaust air streams that would be treated in the biofilter include aeration bay exhaust air, digester start-up and termination air, and acid scrubber exhaust air. After a retention time of about 21 days, biogas generation would be exhausted and the digestate would be removed from the AD system and immediately hauled to a nearby permitted compost facility for further curing as a compostable material. There would also be an enclosed lean gas flare (LGF), which would destroy low quality lean biogas (methane content below 20% and higher than 1%) generated towards the termination of the AD process cycle, when the majority of the biogas generation has been exhausted. The LGF would be intermittently operated 3 to 4 hours per digester termination, which would occur every 2.5 to 3 days. In June 2011, the California Department of Resources Recycling and Recovery (CalRecycle) adopted the Anaerobic Digestion Initiative (AD Initiative) , a comprehensive program to foster the development of anaerobic digestion facilities (AD facilities) which convert organic solid wastes into sources of energy and can produce valuable compost feedstocks, soil amendments and other products. A statewide Program Environmental Impact Report (Program EIR) was prepared for the AD Initiative, evaluating impacts of the development of AD facilities and requiring mitigation to reduce significant impacts to a less -than -significant level, and the EIR was certified by CalRecycle. The Program EIR and associated documents can be found and downloaded at: Environmental Checklist Form 35 Marin Sanitanj Services Facility — Master Use PennitAmendment http•//www calrec cl�gov/SWFacilities/Compostables/AnaerobicDig The Program E1R determined that on a programmatic level all the impacts of AD facilities could be mitigated to a less -than -significant level with implementation of the mitigation measures. Individual projects could result in localized impacts that would need to be analyzed in a tiered CEQA document. The Program EIR was used as a reference to mitigate the impacts of this project. The City of South San Francisco adopted the Mitigated Negative Declaration (MND) (SCH #2012092007) for the Blue Line Biogenic CNG Facility project in December of 2012. The Initial Study/Mitigated Negative Declaration (IS/MND) evaluated the impacts of developing an Anaerobic Digestion (AD) Facility that would be capable of processing 10,000 tpy of food waste and green waste into biogas (gaseous product generated by the degradation of organic matter under anaerobic conditions) that would be cleaned and converted into biogenic compressed natural gas (CNG). The IS/MND indicated that the other CEQA Checklist environmental resources areas had no potential for significant impacts. The IS/MND was used as a reference to mitigate the impacts of this project. Biomass Conversion Facility using ivood chips A stand-alone biomass conversion facility may be placed inside of the MRRC or on Parcel C and would operate 24-hour per day and utilized up to 40 tons per day of clean wood chips processed within MRRC. The hours of operations will be 24 hours per day. The biomass conversion facility would generate up to 7,500 kilo -watt hour per year and is rated at 1 megawatt of renewable energy for sale off-site after all on-site needs are met. The proposed biomass conversion facility would be constructed of metal and would feature colors and materials similar to the current color scheme. The facility would utilize proven gasification technologies that convert biomass into a synthetic natural gas ("syngas") through the process of thermo-chemical conversion. This syngas would then be used to fuel a specially modified ,f natural gas Genset that would provide renewable electricity and heat to the structures and equipment on-site. The biomass gasification process is a thermo-chemical one that "cooks" biomass in an oxygen -starved environment. By. depriving the fuel of sufficient oxygen, the biomass does not burn but rather gives off ahydrogen-rich syngas. As the biomass gives off the syngas, it is transformed into bio -char and ash of approximately 3 to 7 percent of the volume of biomass fuel. The syngas is then captured, cleaned by a series of scrubbers and filters, and cooled before being sent as fuel to the Genset. The power units are based on a spark - ignited engine Genset. Depending on the model chosen, the engines are capable of providing up to one megawatt (net) operating on syngas. The applicant would customize the system to allow syngas carburetion for this engine and provide standard paralleling switchgear for electrical output with up to one megawatt per hour. A detailed Project Description with Site Map and renderings is provided in Attachment A. The Emissions Estimate Report has also been prepared and provided in Attachment A. A photo of the Merced facility is shown in the adjacent figure. Bio -char and ash would be removed from the conversion chamber using pumped slurry. This slurry is cooled and then filtered. The resulting char byproduct is separated out using a special mechanical separator. The water is Environmental Checklist Form 36 Marin Sanitanj Services Facilihj - Master Use Permit Amendment again filtered, cooled and recirculated. Biochar is used as a soil amendment, sequestering carbon in the soil for up to 1,000 years. This type of project is defined as a "biomass conversion facility" in Public Resources Code 40106 (a) with the passage of SB 498 (Lara, 2014) which means biomass conversion is the production of heat, fuels, or electricity by non -combustion thermal conversion technologies, such as gasification, using specific biomass feedstocks. Biomass conversion of these specific feedstocks allows the facility to be California renewable power eligible and count towards 100% landfill diversion. Biomass conversion facilities are not required to obtain a solid waste facility permit from the local health department or the State. However, any solid waste facility, such as N4RRC, that sends wood chips to a biomass conversion facility must report the amount of tons to the State. The solid waste facilities may be inspected by the LEA to ensure that reporting occurs. The biomass conversion facility operator shall file an annual report to the state on where the wood chips are received from. Operating biomass conversion systems using gasification technologies have experience qualifying electricity as renewable power by the California Energy Commission. Transmission lines are proposed to connect to the AD Facility and the biomass conversion facility. A feed -in tariff is available for selling excess electricity back to utility during off-peak periods. As such, the project includes construction of transmission lines. Permits, Design and Approvals The summary of existing operations, proposed operations, including ancillary activities, overall capacities and materials processing, and regulatory oversight is summarized below in Table 1. Table 1: Overview of O erations and State Permit Status Processing Facilities Activit Permit Marin Sanitary Service Solid waste transfer and Solid Waste Facility Permit Revision permit Transfer Station food waste processing with boundary may increase from 8.5 acres to 9.0 (MSSTS) the potential addition of the acres. Bay Area Air Quality Management anaerobic digestion facility District — Authority to Construct and Permit to for food waste and green Operate waste on Parcel A or Parcel C. Marin Resource Commercial and Solid Waste Facility Permit Revision permit Recovery Center construction and demolition boundary may increase from 8.5 acres to 9.0 (MRRC) processing. acres.. Bay Area Air Quality Management District — Authority to Construct and Permit to Operate. Marin Recycling Processes residential and California Department of Conservation Center commercial recyclables and certified Buy -Back Center. Title 14 Recycling drop-off and buy-back Center exempt from state permit with a located on Parcel A. residual rate of under 10%. Marin Household Collects household Permanent Household Hazardous Waste Hazardous Waste hazardous waste universal Collection Facility (PHHWCF) permitted by Facility wastes, and electronic California Department of Toxic Substances wastes located on Parcel A. Control and regulated by the County Certified Unified Program Agency (CUPA). American Soils Stores fines, composts, Excluded from Title 14. Products (aka, A&S mulches, and landscape Landscape Materials) products located on Parcel Environmental Checklist Form 37 Marin Sanitary Services Facilihj — Master Use Permit Amendment Facility Design Capacity The Solid Waste Facility Permit activity has a total capacity of 3,700 tons per day (TPY) as shown in Table 2 where the SWFP permitted limits are only 2,640 TPD. The Facility has adequate equipment and capacity to process the permitted amounts of materials. The tonnage will stay at 2,640 TPD Solid Waste Facility Permit A Full Solid Waste Facility Permit (SWFP) is required by state law. The SWFP No. 21 -AA -0005 was issued by Marin County Environmental Health Services Division, which is the Local Enforcement Agency for the State, and is issued with the concurrence of the CalRecycle (copy of the current SWFP is provided in Appendix A) dated April 13, 2009, with a SWFP Permit Review Due Date in May 2015 which is underway on a separate administrative pathway with the LEA. The hours of operations will change to harmonize hours for 24 hours per day, and the Solid Waste Facility Permit boundary may increase from 8.5 acres to 9.0 acres to include portions of Parcel C should the stand alone anaerobic digestion facility be placed there. There will be no changes in the tons or traffic and the permit limits will remain the same as noted in Table 2 below, where the organic material will be part of the current permit limits. The tonnage amount daily tonnage has averaged between 700 tons per day to 900 tons per day over the last decade, as noted in Table 3, well below the 2,640 tons per day permit limit. The recycling rate has averaged in the mid -60% over the last decade, where the facility is adding technology and updating equipment to achieve a facility recycling rate "of 80% to assist the County to reach a zero waste goal. The possible locations of the anaerobic digestion facility and the biomass conversion facility is noted in Table 21 and shown on the Site Maps in Attachment A. The storage time of the organic material is limited to less than 48 hours holding time or less to minimize odors, as noted in Table 4. Table 2 — Facility Permit Limits Operations C. Permit Limits Metal Recovery and Recovers and bales metals Title 14 Recycling Center exempt from state Wood Processing and processes cord wood permit with the processing of source -separated under the Canopy located on material with less than 1% residual. MSSTS Parcel A. Concrete and Soil Processes clean concrete and Inert Recycling Center is exempt from state Resource Recovery asphalt, and mixed soil and permit. The Type A Inert Debris Processing Operations concrete located on Parcel C Operation has filed an Enforcement Agency and Parcel D. Notification to the LEA. Biomass Conversion Converts wood chips to Bay Area Air Quality Management District — Facility renewable energy on Parcel Authority to Construct and Permit to Operate A, C or D. Facility Design Capacity The Solid Waste Facility Permit activity has a total capacity of 3,700 tons per day (TPY) as shown in Table 2 where the SWFP permitted limits are only 2,640 TPD. The Facility has adequate equipment and capacity to process the permitted amounts of materials. The tonnage will stay at 2,640 TPD Solid Waste Facility Permit A Full Solid Waste Facility Permit (SWFP) is required by state law. The SWFP No. 21 -AA -0005 was issued by Marin County Environmental Health Services Division, which is the Local Enforcement Agency for the State, and is issued with the concurrence of the CalRecycle (copy of the current SWFP is provided in Appendix A) dated April 13, 2009, with a SWFP Permit Review Due Date in May 2015 which is underway on a separate administrative pathway with the LEA. The hours of operations will change to harmonize hours for 24 hours per day, and the Solid Waste Facility Permit boundary may increase from 8.5 acres to 9.0 acres to include portions of Parcel C should the stand alone anaerobic digestion facility be placed there. There will be no changes in the tons or traffic and the permit limits will remain the same as noted in Table 2 below, where the organic material will be part of the current permit limits. The tonnage amount daily tonnage has averaged between 700 tons per day to 900 tons per day over the last decade, as noted in Table 3, well below the 2,640 tons per day permit limit. The recycling rate has averaged in the mid -60% over the last decade, where the facility is adding technology and updating equipment to achieve a facility recycling rate "of 80% to assist the County to reach a zero waste goal. The possible locations of the anaerobic digestion facility and the biomass conversion facility is noted in Table 21 and shown on the Site Maps in Attachment A. The storage time of the organic material is limited to less than 48 hours holding time or less to minimize odors, as noted in Table 4. Table 2 — Facility Permit Limits Operations Design Capacity Permit Limits Traffic 800 vehicles per day (VPD) limited by the Bellam intersection per SWFP Permit City of San Rafael mitigation measure limits of 800 VPD MSSTS Design capacity of 1,980 TPD based upon 22 tons per load -out every 10 minutes limited by the operating hours over 15 hours per day and the receiving landfill operating hours. The anaerobic digestion facility may be placed within the MSSTS or stand-alone on Parcel C, and will use an average of 50 TPY of food waste and green waste that would have normally gone on MSSTS for transfer and Environmental Checklist Form 38 Marin Sanitanj Services Facilihj — Master Use Permit Amendment Table 3. Facility Tonnage and Diversion Rates 1989 to 2013 disposal. SWFP Permit Tons Tons .limits of 2,640 MSSTS with 15 tons per hour limited by the hammer -mill capacity and the TPD food waste operations hours of the MSSTS from one shift is 120 TPD. The 205,407 processing actual operations amount will start at 15 to 20 TPD 159,407 MRRC 100 tons per hour (TPH) of processing capacity over a 16 hours of 216,148 600 operations: 161,590 39.1 • 20 TPH Demo Line A -H 200,933 558 • 20 TPH Self -Haul Line K -M 93,825 53.3 • 20 TPH on wood/green/food grinding 191,038 531 • 40 TPH floor sort for bulky 87,214 54.3 100 TPD total over 16 hours 176,286 490 Design capacity of 1,600 tpy 88,545 49.8 The biomass conversion facility may be placed within MRRC or 199,401 554 stand alone on Parcel C or Parcel D and will use up to 40 TPY of 135,683 31.0 clean wood chips from MRRC. 213,740 Total Capacity Design Capacity of 3,700 TPD 102,269 Table 3. Facility Tonnage and Diversion Rates 1989 to 2013 Environmental Checklist Form 39 Marin Sanitanj Services Facilihj - Master Use Permit Amendment Total Tons Received Average TPD Tons Tons Recycling Rate (%) Year (360 days) Recovered Landfill 1989 205,407 571 46,053 159,407 22.4 1990 216,148 600 84,558 161,590 39.1 1992 200,933 558 107,108 93,825 53.3 1993 191,038 531 103,824 87,214 54.3 1994 176,286 490 87,740 88,545 49.8 1995 199,401 554 63,808 135,683 31.0 1996 213,740 594 111,472 102,269 52.1 1997 214,479 596 114,821 99,658 53.6 1998 255,644 710 148,075 107,569 57.9 1999 265,584 738 143,016 122,567 53.9 2000 300,354 834 189,972 110,382 63.3 2001 313,787 872 206,161 107,626 65.7 2002 327,097 909 218,529 108,568 66.8 2003 318,043 883 203,257 114,786 63.9 2004 330,485 918 211,360 119,125 63.9 2005 353,184 981 219,880 133,304 62.2 2006 353,994 983 220,711 133,283 62.3 2007 334,633 930 208,440 126,193 62.3 Environmental Checklist Form 39 Marin Sanitanj Services Facilihj - Master Use Permit Amendment 2008 314,485 874 195,640 118,845 62.2 2009 244,607 680 148,008 96,599 60.5 2010 256,758 713 158,428 98.331 61.7 2011 271,666 755 174,631 97,035 64.3 2012 272,661 757 173,016 99,645 63.5 2013 277,354 770 180,276 97,078 65.0 All current state and local permits specific to the Facility are listed in Table 5 below. Tahle 5: State Permits and Local Entitlements for MSSTS and MRRC Permit/Agency Table 4 - Storage Time of Materials Material Type . Location _. Holding time _. MSW MSSTS 48 hours __... Commercial food waste ..._._.._....... MSSTS ..... .......... 8 hours ......._ - _....... Self -haul MRRC 48 hours ........._.._ ._ . _ .. ........ Mixed C&D/Debris boxes MRRC ......—.......... 48 hours _ _ ._...__. _..... Green Waste MRRC 48 hours Co -collected green waste and MRRC 24 hours food waste Solid Waste Facility Permit/ Marin County Solid Waste Facility (SWFP) Permit No. 21 -AA -0005, was All current state and local permits specific to the Facility are listed in Table 5 below. Tahle 5: State Permits and Local Entitlements for MSSTS and MRRC Permit/Agency Update Land Use/City of San Rafael Master Use Permit - UP 96-8 adopted on June 27, 1996. Master Use Permit Amendment applied for on May 29, 2009 for land use issues that are non -solid waste related. CEQA Compliance/City of San Rafael Mitigated Negative Declaration filed with the State clearinghouse (SCH #92103067) certified by the City of San Rafael Planning Commission in January 1993. General Plan/City of San Rafael Consistency with the City of San Rafael General Plan on January 12, 1993 by Resolution. CoIWMP/County of Marin County Integrated waste Management Plan (CoIWMP) was adopted by the CIWMB on April 10, 1997 where the Facility was identified. Solid Waste Facility Permit/ Marin County Solid Waste Facility (SWFP) Permit No. 21 -AA -0005, was Environmental Health Services Division of concurred by the CIWMB with on March 30, 2004, and the Community Development Agency, was issued by the LEA on April 7, 2004. A Five -Year acting as the LEA for the CIWMB. SWFP Review was completed by the LEA on April 13, 2009. State Water Resources Control WDID No. 2-211000154 filed in February 1992. Annual Board/Stormwater Pollution prevention Reports filed every July I". Plan (SWPPP) Bay Area Air Quality Management District Permit to Operate Plant #2111 solid waste transfer station, wood hogger, soil screen and soil pile, debris sort system, custom commercial sort system, renewed annually. Environmental Checklist Fonn 40 Marin Sanitanj Services Facilihj - Master Use Permit Amendment Environmental and Design Review Permit (ED09-031) The project proposes an Environmental and Design Review Permit to allow for the site improvements proposed by the project, as shown on the plans provided as Source Reference 6, sheets A-2 through A5.4, C1.1 through C4.2, DS 1 through DS3, BH, RV, and L1 -A through L-2.1, which include the following: 1. Container Storage: Approval for the design and layout of the eight foot (8') high storage containers proposed as interim uses in future operational yard areas. 2. Grading, Drainage, Utility and "Fire Flow" Waterline: Site improvements would include trenching and installation of hydrants for "fire flow" water service throughout the MSS site, and in lieu of installing fire sprinklers within the mini -storage facilities. An existing, private 8" waterline extension, located on Area A, off of the 12" MMWD water main within the Andersen Drive ROW, is proposed to be connected to another existing, private 8" waterline extension, also located on Area A. One (1) new fire hydrant is proposed on Area B, where currently none exist, and two (2) new fire hydrants on Area C where none currently exists. In addition, a new private 8" waterline extension is proposed on Area D. The project proposes to install three (3) new fire hydrants on Area D where none currently exist in order to provide fire protection to existing structures approved on Area D. In addition, the project proposes to provide adequate fire lanes between the storage containers to meet fire separation and accessibility per code requirements. Additionally, the project proposes to legalize the concrete improvements to the network of fire roads located throughout the open space Area E. The widths of these improved fire roads are from 10' up to 200' at portions of the ridgeline, though vast majorities are approximately 20' -wide. Many of these improved fire roads include curbing. Future MSS facility uses would be subject to the master use permit and development plan, or subsequent amendment. Minimal grading work is required, only as necessary to remove any concrete work if pursued, and minimal trenching and site work to install landscape, drainage and utility line improvements shown on plans and discussed herein. 4. Retaining Walls: The project proposes to legalize existing "bulkhead" and "gabion" retaining walls on Area C (aka, Parcel C), which have a combined height of approximately 41' above finished grade. The "gabion" retaining wall is approximately 24' in Height, setback 21' and constructed above, a "bulkhead" retaining wall, approximately 21' in height. 5. Parking: The project proposes to increase on-site parking from 198 spaces to 228 spaces (see Sheet A5). New parking spaces meeting `compact' parking and standard dimensions (8' x 16' compact and 9' x 19' standard) are located in Area A along Andersen Drive; with additional spaces on Area B and Area D for the expanded ministorage uses. These new parking spaces would primarily be created through new pavement striping of existing paved areas and maintain minimum required 20' drive aisle width and 26' backup space dimensions. 6. Fencing, Landscaping and Grading_ The project proposes to install separation fencing, gates and posts to demarcate the open space boundary (see Source Reference 6, sheet A3). Storage areas on Area B are also fenced with 6' -high, chain-link and privacy slat' inserts, and perimeter fencing exists between the site and adjacent properties. Landscape and grading improvements are shown on the civil sheet C1.1 and landscape plans. Engineered bioswale treatment areas covered predominantly with native grasses are proposed to meet SWPPP (Storm Water Pollution Prevention Program) requirements. Sheet C3.1 shows new drainage inlet improvements along the main access road at the terminus of Jacoby Street. An engineered bioswale treatment is also proposed at the top of the existing gabion wall and new landscaping adjacent to this bioswale area. A mixture of mostly native trees (California Bay, California Buckeye, Catalina Ironwood, Holly Oak and Coast Redwood) and shrubs (Point Reyes Ceanothus, Bottlebrush, Euryops, Common Myrtle, Climbing Fig, Rosemary, Madrone and Xylosa) are proposed to be planted in a random pattern, drip -irrigated and staked, where necessary. Landscaping that includes native Environmental Checklist Form 41 Marin Sanitary Services Facility — Master Use Pennit Amendment and compatible trees is included above the gabion wall in Area C to conceal fire wood storage located adjacent to open space, and restore public views of the area. Minimal grading will be required for trenching required to install new water lines for fire suppression. Erosion control practices are indicated on sheet BH -1 and RV -1. Lot Line Adjustment/Consolidation (S09-002) The proposed a Lot Line Adjustment (LLA) would consolidate all MSS parcels, with Area E open space boundary to be maintained on the grant deed as a restricted private open space area. The revised deed would include adjustment of a portion of Area to adjust for encroachments and deviations in the boundary. This includes an area located at the top of the gabion wall extending approximately 175' south behind the gabion that contains an existing firewood storage area. The operational and open space use areas shall remain as designated by the PD zoning map and established by the PD district standards and Master Use Permit. Jacoby Street Right of Way Abandonment and Vacation Abandonment and vacation is requested for a 60 -foot wide portion of Jacoby Street approximately 400 feet long located at the westerly terminus of the MSS facility site (APN18-180-73), and a 30 -foot wide unimproved portion of Jacoby Street right of way extending approximately 2,400 feet from the terminus of Jacoby Street improved right of way to the easterly boundary of the MSS facility property. 9. Other Public Agencies Whose Approval Is Required The proposed amendments will require subsequent review and approval of easements and water service upgrades by the local water agency Marin Municipal Water District (MMWD). The revised MSS facility project improvements require new water hookups and utility easements associated with abandonment of a portion of the improved Jacoby Street right of way. Additionally, the project proposes new landscaping, which may need to comply with MMWD's most recent Water -Efficient Landscape Ordinance, adopted by the City of San Rafael by reference in its zoning regulations Chapter 14.16. The amendments to the current zoning entitlements for this facility, including the off-site private storage uses on the GGIIBTD site, do not require any new or additional permits from the other permitting agencies that have regulatory oversight of the MSS facility. The changes to the sanitary service facility operations, including addition of Bio -mass and Anaerobic digestion waste conversion equipment, would require further reviews, permits and oversight by the following agencies: ✓ State Water Resources Control Board ✓ California Integrated Waste Management Board ✓ CalRecycle ✓ Bay Area Air Quality Management District ✓ Regional Water Quality Control Board ✓ Marin County Environmental Health The project could also require oversight by the Native American Heritage Commission in the event grading impacts uncovered cultural resources. Environmental Cliecklist Form 42 Marin Sanitary Services Faeilihj - Master Use Pennit Amendment Environmental Checklist Form 43 Marin Sanitary Services Facilihj — Master Use Permit Amendment r Environmental Checklist Form 44 Marin Sanitanj Services Facility Master Use Permit Amendment ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agriculture Resources ® Air Quality ® Biological Resources ® Cultural Resources ❑ Geology /Soils ❑ Greenhouse Gas Emissions ® Hazards & Hazardous ❑ Hydrology / Water Quality Materials ❑ Land Use / Planning ❑ Mineral Resources ❑ Noise ❑ Population / Housing ❑ Public Services ❑ Recreation ® Transportation / Traffic ❑ Utilities / Service Systems ❑ Mandatory Finding of Significance DETERMINATION On the basis of this initial evaluation: ❑ I find that the proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. ® I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a "potentially significant impact' or "potentially significant unless mitigated" impact on the environment, but at lest one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an EARLIER EIR or NEGATIVE DECLARATION pursuant to applicable legal standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Kraig Tambornini, Senior Planner Signature Environmental Checklist Form May 11, 2015 Date 45 Marin Sanitan Services Facilihj - Master Use Pennit Amendment EVALUATION OF ENVIRONMENTAL IMPACTS Potentially Significant Impact I. AESTHETICS Would the project: a. Have a substantial adverse effect on a scenic vista? ❑ Discussion: Less -Than- Less -Than- No Significant With Significant Impact Mitigation Impact Incorporation ❑ ® ❑ The San Rafael General Plan 2020, Community Design Map Exhibits 17 and 18 do not identify the MSS site as a `scenic vista'. However, the ridgeline portion of Area E, the private open space hillside, which is commonly known as Bartel Ridge or San Quentin Ridge, is identified as "Visztally Significant Hillsides, Ridgelines and Landforms". The project proposes minor site improvements, including legalizing a 45' - tall, gabion and bulkhead retaining wall primarily on Area C and legalizing at -grade concrete improvements (i.e., base and curbing) made to the network of existing historic fire roads within Area E. These fire road improvements also include the creation of a level, concrete storage pad, approximately 22,500 square feet in size, located above the gabion and bulkhead retaining wall at approximately the `65 - foot' contour' line. Due to height of the buildings on the MSS site and the dense canopy foliage of the forested hillside, these existing improvements are essentially screened from all public view off-site. The project additionally proposes to adjust the property boundaries between the developed operation site areas (Area B through D) and the open space Area E, to principally eliminate minor encroachments by existing retaining walls into Area E. As a consequence of this proposed adjustment of these areas, Area C would be altered to include the concrete storage pad from area E. The project proposes to cure firewood material, in piles with a maximum height of 20', on this concrete storage apron, located above the gabion and bulkhead retaining wall. The project proposes to install landscaping, at the top of the gabion/bulkhead retaining wall, to help screen the firewood storage area from all public view off-site. This landscape screening is proposed to be a combination of native tree and shrub species, planted in an irregular pattern and drip -irrigated. Both the firewood storage pad and its underlying gabion/bulkhead retaining wall are located approximately 160 vertical feet below the ridgeline, which runs parallel to approximately the 225 - foot contour line. Area C — Walls and Wood Storage Visual Impacts Discussion The project does not propose any development or change in use along the upper ridgeline portion of Area E on the MSS site. Rather, the project would continue to support protection of the highly visible and wooded hillside area of this site with added protection through installation of boundary fences and markers which should help assure future encroachments and storage in this area would not recur. Further, landscaping enhancements are proposed that would restore vegetation and screen areas above Area C, which were altered by previous grading and construction of the gabion wall and wood storage placed in the open space Area E. The landscape improvements would restore the pre-existing vegetated appearance of the area as viewed from a distance, from Hwy 580 to the north. Installing this landscaping as shown on project plans would be required as a condition of the project design approval. Therefore, the visually significant hillside would remain protected as private open space, the project would not adversely affect this existing scenic resource, and impacts would be less -than -significant. See Figures I-1 through I-3 below. No further study is necessary. Environmental Checklist Fornt 46 Marin Sanitanj Services Facilihj — Master Use Permit Amendment Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation Figure I-1. Before Trees 47 Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation Figztre 1-2. After Trees 48 Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation Figzrre I-3. Limits of View Area D — Future Biomass Equipment Visual Impacts Discussion Additionally, the yard area to the cast of Area C (aka Area D) is proposed as a location for future biomass equipment that would likely include tall narrow structures that would exceed the building height limit of 36 feet established for the area. At the back of this outdoor work area is a 21ft high concrete retaining wall supporting a cut in the open space Area E hillside. A vertical conveyor associated with future biomass equipment would potentially rise 20' above the top of the wall, or 41 feet overall height. The biomass conversion chamber (e.g., tower) would be approximately at 33' tall, thus would rise 13' above the existing wall. All other machinery would below the top of the wall. Structures over the height limit may be considered through review of an Environmental and Design Review Permit pursuant to San Rafael Municipal Code Section 14.25.040; which includes specialized equipment and/or screening purposes. The location anticipated for placement of future biomass machinery is would be significantly screened from view off-site and is a future potential installation only. No significant visual impacts are anticipated and design issues should be sufficiently addressed through the City's normal design review process. In 2010 the City reviewed modifications to add two new membrane covers over two existing biodigester tank facilities at the Central Marin Sanitation District, located to the east at 1301 Andersen Drive, for its energy conversion tank facilities (City File ED10-081). These elements were approved as design 49 Potentially Less -Than- Less -Than- No Significant Significant With Significant Inpact Impact Mitigation Impact Incorporation modifications that would extend above the base district building height limits. They consist of floating digester covers that increased the digester height by about 20 feet. The digester tanks are approximately 48 feet high and the site is similar in its location and use to MSS property. (Sources: 1, 6) b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a ❑ ❑ ® ❑ state scenic highnnay? Discussion: Refer to discussion (a) above. Interstate 580 (I-580), located approximately 400' northeast of the MSS site, is an officially -designated "State Scenic Highway" by Caltrans (California Department of Transportation). It is a heavily -travelled, 80 -mile east—west Interstate Highway; a spur route of Interstate 80, connecting the San Francisco Bay Area to Interstate 5 and the Central Valley with U.S. Highway 101 and the North Bay. This segment of 1-580 was previously constructed as part of the California Highway 69 route prior to its inclusion in the Interstate Highway system. Area E, the forested private opens space on the MSS site, is visible from 1-580. The project proposes to legalize a material storage pad, located above the gabion and bulkhead retaining wall, in which the proposed, 20' -high, piles of firewood would be partially visible from 1-580. The proposed firewood storage area would not significantly damage a scenic resource given that the project also proposes to install landscaping, at the top of the gabion/bulkhead retaining wall, to help screen the firewood piles from public view off-site. There are no remaining historic buildings or any visible rock outcroppings within the MSS site that, or any scenic resources that would be affected. The San Rafael Historical/Architectural Survey lists a single- family residence (the `Bartel House') located within Area E on the site (aka 524 Jacoby Street) as a locally -protected cultural resource. This `listed' historic building was demolished sometime after 1977. Its remaining foundation has been incorporated into an existing metal equipment storage shed and remains the only structure in Area E with the exception of a small water storage tank. The dense canopy foliage of the forested hillside essentially screens the existing metal equipment storage shed from public view off- site. The only change as a result of the project involves increased landscaping above the gabion wall, which would blend in with the natural setting and provide screening of an existing work area. Therefore, impacts on scenic resources or historic buildings would be less -than -significant. No further study is required. (Sources: 1, 6) c. Substantially degrade the existing visual character or quality of the site and its ❑ ❑ ® ❑ surroundings? Discussion: Refer to discussion (a) and (b) above. The project proposes to legalize a material storage pad, located above the gabion and bulkhead retaining wall, in order to store and cure 20' -high piles of firewood. The proposed firewood storage area would not substantially degrade the existing visual character of the MSS site given that the project also proposes to install landscaping, between the top of the gabion/bulkhead 50 Potentially Less -Than- Less -Than- No Significant Significant TVith Significant Impact Impact Mitigation Impact Incorporation retaining wall and the firewood piles, to help screen the firewood piles from public view off-site, particularly visibility along westbound I-580. The gabion and bulkhead retaining wall itself cannot be seen from off-site due to the height of existing buildings developed along southern elevation of Andersen Drive. Impacts on the visual character or quality of the site and its surroundings would be less -than - significant. No further study is necessary. (Sources: 1, 6) d. Create a new source of substantial light or glare which would adversely affect day or ❑ ❑ ❑ nighttime views in the area? Discussion: MSS currently provides, and will continue to provide, municipal solid waste collection and recycling services on site. It operates 24 -hours a day, seven days a week; though, it is open to the public on a limited basis, from 8 a.m. to 4 p.m. daily. No additional lighting sources are proposed for the MSS site. New parking spaces, located both immediately south of the Marin Resource Recovery Center (MRRC) building in Area A and east of the relocated storage container facility on Area C, are not proposed to be illuminated since the hours of operation in which MSS is open to the public are limited to daytime only. The project would not create any new sources of light or glare. No impacts would result. No further study is necessary. (Sources: 6, 7) II. AGRICULTURE AND FOREST RESOURCES Would the project: {In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland.} In determining whether impacts to a forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy assessment Project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resource Board. a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance ❑ (Farmland), as shown on the maps prepared 51 ❑ ❑ Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Lnpact Mitigation Impact Incorporation pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? Discussion: The General Plan land use designation for the MSS site is Industrial (I) on the developed parcels (Areas A through D) and Conservation (C) on the private open space hillside (Area E). Agricultural uses are currently not identified as a land use category allowed in either General Plan land use designation. The zoning classification for the MSS site is Industrial (1) for Area A and planned Development (PD 1580) for Areas B through E. Agricultural uses are also currently not identified an allowable land use in either zoning districts. The City of San Rafael, including the MSS site, does not contain Prime Farmland or other land of significant agricultural value, nor are there such lands with the City's Sphere of Influence or Urban Service Area. The project does not propose to convert any farmlands designated on State maps to non-agricultural use. No impact would result. No further study is necessary. (Sources: 1) b. Conflict with existing zoning for agricultural use, or a Williamson Act contract? ❑ ❑ ❑ Discussion: Refer to (a) discussion above. The MSS site is not zoned for agricultural use. No agricultural use current exists on the site, with the exception of the animal husbandry facility located on Area B. Further, the property is not subject to any Williamson Act of 1965 contracts established to preserve agricultural and open space lands. No impact would result. No further study is necessary. (Sources: 1) c. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 122200), timberland (as defined by Public Resources ❑ ❑. ❑ Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 5111040) Discussion: Refer to (a) discussion above. Areas A through D are the developed portion of the MSS site, while Area E is the undeveloped, open space fprest hillside. While the project proposes to rezone the MSS site and consolidate parcels it does not propose to modify or alter the current open space land use protections on Area E. The entire existing, 50.87 acre, oak woodland forest on Area E would continue to be preserved by the project as private open space. No impact would result. (Sources: 1, 6) d. Result in the loss of forest land or conversion El 52 ❑ ❑ Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation of forest land to non forest arse? Discussion: Refer to discussion (c) above. The project would not result in any expansion of existing MSS areas of operations. No impact on existing forest lands, including the native hillside vegetation contained in Area E would result. (Sources: 1, 6) e. Involve other changes in the existing environment which, due to their location or nature, could result in conversion of ❑ ❑ ® ❑ Farmland, to non-agricultural use or conversion of forest land to non forest use? Discussion: Refer to (a), (c) and (d) discussion above. No farmland exists on the MSS site and no farmland exists in the immediate vicinity of the site: The project proposes a minor adjustment of the boundary of MSS operation site areas (Area D) and the open space Area E, that will result in the protection of an additional, approximately 16,000 square feet (approximately 40' in width and 400' length) of existing oak woodland habitat as private open space. Impacts would be less -than -significant, with a net increase in protected woodland habitat. (Sources: 1, 6) III. AIR QUALITY Would the project: a. Conflict with or obstruct implementation of the applicable air quality plan? ❑ ❑ ® ❑ Discussion: The project would continue an existing sanitary service facility use, including the legalization of ancillary mini -storage uses which would be reduced in scope. A 12,500 ton per year anaerobic digestion facility and a 1.0 mega -watt biomass conversion facility are proposed as new components as part of the existing waste facility operations. The new facility would be within existing yard and facility areas of the site. A self-contained anaerobic digestion facility to generate renewable power from bio -methane generated by digesting food and green waste will likely be installed in the near future. Food waste and green waste may be sourced from commercial, multi -family, and residential sources. The facility could supply up to 2.1 million kilo -watt power per year to meet the entire facility energy demand or up to 160,000 of diesel gallons equivalents (dge) of renewable natural gas to fuel a fleet of approximately 16 heavy-duty vehicles. A stand-alone biomass conversion facility may utilize up to 40 tons per day of clean wood chips processed within MRRC. The biomass conversion facility would generate up to 7,500 kilo -watt hour per year and is rated at 1 megawatt of renewable energy for sale off-site after all on-site needs are met. 53 Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation These proposed waste facility operational activities would remain subject to County and State oversight of waste management operations which assure the facility is operated in compliance with health and safety regulations intended to avoid adverse impacts to air quality, odor, and water quality impacts. Further, the project has been subject to evaluation to ensure project activities would comply with the City's climate change action plan. On July 18, 2011 the City Council adopted a Greenhouse Gas Emissions Reduction Strategy. This strategy serves as a technical appendix to the 2009 adopted Climate Change Action Plan (CLAP), i.e., Appendix E of the San Rafael Climate Change Action Plan (P11-009). Concurrently, General Plan Amendment GPA11-001 was adopted to include the General Plan 2020 Sustainability Element policies. These amendments were adopted in response to SB97 and changes to rules implemented by the regional air district that covers San Rafael (the Bay Area Air Quality Management District (BAAQMD)), which in 2010 to update its CEQA Air Quality Guidelines for the Bay Area; requiring that projects address new state climate change and GHG reduction requirements (consistent with AB32 goals). As an alternative to conducting a project -by -project GIIG analysis, the BAAQMD Guidelines allow the preparation and adoption of a GHG Emissions Reduction Plan to examine emissions and reduction strategies at a community -wide level. This is encouraged by BAAQMD as a more proactive means of achieving desired air quality changes. The amended CCAP GHG Reduction Strategy plan was reviewed by BAAQMD, and meets its requirements for a Qualified Greenhouse Gas Reduction Strategy. The CCAP and accompanying strategy are intended to be updated from time to time to report out change and process on achieving GHG reductions. This document was prepared to meet the BAAQMD standards as a "Qualified GHG Reduction Strategy". As a "qualified" strategy, it limits the need to prepare a quantilied GHG assessment for projects that are consistent with the San Rafael General Plan 2020. A GHG Reduction Strategy Checklist was also prepared that identifies required elements that projects must satisfy in order be compliant with the CCAP. This document is expected to be updated frequently as programs are completed, others added and emission data is refined. The City meets the BAAQMD requirement, as a Qualified Greenhouse Gas Reduction Strategy, because it includes; an emission inventory and projections required by SB375, target reductions, application of GHG reduction measures, a checklist to require implementation of measures in a project, monitoring and updating the GHG inventory and reduction measures every 3-5 years before 2020, requires the annual reporting on progress of implementation of CCAP / GHG Reduction Plan programs, and regular monitoring of community -wide GHG levels to assure that Plan objectives are being met. Compliance with the GHG Reduction Strategy Checklist ensures compliance with the General Plan Sustainability Element and the CCAP and ordinances adopted to implement these policies. Amendments to the San Rafael Municipal Code have also been made, and are currently being pursued, to provide legislative standards that implement the Sustainability Element and the CCAP (this has included updates to adopt City water -efficient landscaping standards, parking paving, design and landscape requirements, a ban on foam containers and plastic bags, among others). Compliance with the CCAP assures that the Sustainability Element policies would be addressed, and that a development project would satisfy regional air quality and GHG reduction requirements enforced by the Bay Area Air Quality Management District (BAAQMD). A project is also subject to an initial screening to ensure that the project that complies with the GHG strategy would not still result in potentially significant air quality impacts. If all the screening criteria are met by the project then the City would not need to perform a detailed air quality assessment of the project air pollutant emissions. The screening criteria are used for non -stationary sour emissions. Stationary source emissions (e.g., backup generators) are not included in the screening estimates provided by BAAQMD, and for criteria pollutants must be added to the indirect mobile and area source emissions 54 Potentially Less -Than- Less -Than- No Significant Significant YVith Significant Impact Impact Mitigation Impact Incorporation generated by the land use development and sources should not be combined with operational emissions but compared to separate stationary source greenhouse gas threshold. The screening criteria developed for criteria pollutants and precursors, and greenhouse gases were derived using the default emissions assumptions used by the Urban Land Use Emissions Model (URBEMIS) and using off -model GHG estimates for indirect emissions from electrical generation, solid waste and water conveyance. If the project has other significant sources of GHG emissions not accounted for in the methodology described herein, then the screening criteria should not be used.' Projects below the applicable screening criteria shown in the BAAWMD Table 3-1 would not exceed the 1,100 MT of CO2e/year GHG threshold of significance for projects other than permitted stationary sources. If a project including stationary sources is located in a community with a qualified GHG reduction strategy, the project may be considered less than significant if it consistent with the GHG reduction strategy. A project must demonstrate its consistency by identifying and implementing all feasible. measures and policies from the GHG reduction strategy into the project. Furthermore, as noted in the BAAQMD 2012 CEQA Guidelines, due to an existing court orderl on the District's adopted 2010 CEQA Thresholds of Significance, the Air District cannot recommend specific thresholds of significance for use by local governments at this time. Lead agencies will need to determine appropriate air quality thresholds to use for each project they review based on substantial evidence that they should include in the administrative record for the project. Lead agencies may still rely on the Air District's CEQA Guidelines for assistance in calculating air pollution emissions, obtaining information regarding the health impacts of air pollutants, and identifying potential mitigation measures. The Final BAAQMD Ceqa Guidelines can be found online at the following location: littp://www.baagmd. govIDivisions/Planning;-and-ResearchICEQA-GUIDELMS/Updated- CEQA-Guidelines.aspx The May 2010 Draft guidelines and screening criteria proposed on pages 3-2 and 3-2 of the draft document, and used by City staff for purposes of this review, can be found at the following location online: Wp://www.baagmd.jzov/—/media/Files/Planning%20and%20Research/CEQA/Draft BAAQMD CEQA Guidelines May 2010 Final.ashx?la=en In this instance, the project has requested approval of zoning permits to increase the ancillary general public storage facility use as a continued interim use of the Marin Sanitary Service facilyt site. This use would occupy space not currently included in the solid facility operating permits issued by the -state. Staff has previously determined the interim public storage use is similar to private general warehouse use. Thus, using the draft 2010 thresholds a project would need to propose at least 64,000 square feet of new warehouse space to be subject to additional operational GHG screening. As noted in the application and project description above (specifically in the description of the Amendment to Master Use Permit UP 09-020), the project would increase the number of ancillary public/contractor storage containers permitted on the site from 240 containers to 477 containers, which would be on Areas B and D. The square footage for permitted public storage container use would increase by approximately 62,354 square feet (storage container use available for general public - personal storage and contractors). The ancillary industrial storage containers used by MSS operations are included as part of the existing operations and do not generate new sources of activity or use of MSS operations. Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incoi poration Further the use permit amendment description includes the waste facility industrial operations would expand the current state permitted boundary from 8.5 acres of current site area to 9 acres, to incorporate a potential stand-alone anaerobic digester "AD" facility on Area C (this area currently is used as an interim landscape soils sales use area). Area D is already contained within the SWFP permitted by the regulatory permitting agencies. While this is within existing permitted use areas under the master use permit, a conservative analysis has been applied to the project for greenhouse gas emissions (GHG) analysis, as required by the state for its review of modifications to the Solid Waste Facility Permit (SWFP). The draft 2010 BAAQMD thresholds provide a standard that may be used to determine whether operational changes would trigger a separate GHG analysis. Based on continuation of the existing uses, and compliance with the City of San Rafael's climate change action plan, the project impacts including the additional bio -mass and anaerobic digestion waste management facility improvements would not trigger an operational level GHG analysis, would remain consistent with the existing facility intensity and uses, and result in impacts that would be less than significant. See also Section VII Greenhouse Gas Emissions discussion. (Sources: 1, S, 6, 7, 16, 20) b. Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Discussion: Setting and Impacts: The proposed draft master use permit (UP09-020) would incorporate current requirements referencing the Bay Area Air Quality District approvals required for facility operations, the anaerobic digestion facility, and the biomass conversion facility (i.e., proposed to be incorporated as draft Condition of Approval 3 "The applicant shall obtain all required permits(s) from local and state agencies as required prior to construction of any additional facility improvements and for ongoing operations of the waste management facility; including but not necessarily limited to the Marin County Environmental Health, State Water Resources Control Board, Ca Integrated Waste Management Board, Regional Water Quality Control Board and Bay Area Air Quality Management District" and draft Condition of Approval 14e. to f. "The following noise, odor and hazardous materials controls shall apply to the use: e) On-site composting activities shall be governed by state regulatory authorities including Regional Water Quality, Regional Air Quality, and subject to best management practices; f) All required local or state permits from the Bay Area Air Quality Alfanagement District shall be maintained as required for the site. A "risk screen " which analyzes potential toxic emissions for the household hazardous waste collection center shall be prepared/nnaintained/atpdated, as required"). The waste management facility is subject to continuous oversight by several agencies to assure compliance with regional water quality, air quality and waste management practices. As discussed in Section XVII of this initial study, MSS operates under state permitting authority CalRecycle. Additional concurrent permitting and oversight is provided by the State Water Resources Control Board and Regional Water Quality Control Board (Stormwater Pollution Prevention Plan or SWPPP), the California Air Resource Board (Portable Equipment Registration Program), the regional Bay Area Air Quality Management District, the California Department of Toxic Substances Control (Permanent Household Hazardous Waste Facility, Marin County Certified Unified Program Agency or CUPA), Cal Recycle and 56 Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation the Marin County Environmental Health Services Division (Solid Waste Facility Permit; Enforcement Agency Notification for Inert Debris Processing Facility and Green Waste Composting). MSS is a "waste stream processor" or transfer station providing solid waste collection and recycling services. Waste that cannot be recycled is transported to the local Redwood Landfill and other permitted landfill in the region, as permitted under the local Joint Powers Agreement and state permit. The project does not propose improvements or operational changes to MSS that would increase solid waste disposal needs. To the contrary, MSS continues to operate an aggressive recycling program, helping the public and the municipalities it serves to decrease waste production with the goal of reaching "zero waste". Consistent with the MSS program, the facility intends to pursue an anaerobic digestion facility and a biomass conversion facility that would convert food waste and green waste into biomethane, and convert clean wood chips recycled at the facility to syn -gas fuel for a generator on the site. This would considerably reduce the amount of organic waste that might otherwise be transported to Redwood Landfill, converting it to energy, compost and carbon. AB 1826 (Chesbro, 2014) mandates the collection of commercial organic waste and will limit the amount of organic waste that can be landfilled. A low emission syn -gas electrical generator with proven low emissions history would be used to convert the biomethane and the syn -gas into energy. As an option, the biomethane may be converted to renewable natural gas which has less emissions than converting the biomethane to energy as provided in the Emissions Estimate Report. A similar operation has been successfully implemented at the nearby Central Marin Sanitation District (CMSD) for conversion of food waste to energy, in partnership with MSS which collects and transfers clean food waste to CMSD for conversion to energy. Because of the current recycling operations and the proposed facilities, the project would not impede implementation of the 2009 City of San Rafael Climate Change Action Plan. MSS supports the 2009 City of San Rafael CCAP through its local waste reduction and recycling strategies. The City also has adopted a Greenhouse Gas Reduction Strategy as Appendix E to the 2009 CCAP, along with General Plan 2020 Sustainability Element policies and related zoning code amendments in response to SB 97, and changes by the (BAAQMD) in 2010 to update its CEQA Air Quality Guidelines for the Bay Area; requiring that projects address new state climate change and GHG reduction requirements (consistent with AB32 goals). The GHG Emissions Reduction Strategy plan provides an opportunity to revisit and recalculate the numerous programs contained in the City's Climate Change Action Plan (CCAP). The GHG Emissions Reduction Plan has been adopted as an alternative to conducting a project -by -project GHG analysis, consistent with the BAAQMD Guidelines, to examine emissions and reduction strategies at a community- wide level. This is encouraged by BAAQMD as a more proactive means of achieving desired air quality changes. The amended CCAP GHG Reduction Strategy plan was reviewed by BAAQMD, and meets its requirements for a Qualified Greenhouse Gas Reduction Strategy. The City meets the BAAQMD requirement, as a Qualified Greenhouse Gas Reduction Strategy, because it includes; an emission inventory and projections required by S13375, target reductions, application of GHG reduction measures, a checklist to require implementation of measures in a project, monitoring and updating the GHG inventory and reduction measures every 3-5 years before 2020, requires the annual reporting on progress of implementation of CCAP / GHG Reduction Plan programs, and regular monitoring of community- wide GHG levels to assure that Plan objectives are being met. A project that is consistent with and covered by the City adopted GHG Reduction Strategy Checklist ensures compliance with the local Air Quality Plan, the General Plan Sustainability Element and the CCAP and ordinances adopted to implement these policies. No further analysis of air quality impacts is required for a project that is consistent with the CCAP and GHG reduction strategy. Thus, the subject project impacts would be less -than -significant given that the land use remains compliant with the local Air Quality Plan, and the project would not conflict with the City 2009 CCAP and GHG reduction 57 Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation strategy. However, additional information is provided below, for informational purposes. The MSS Climate Action Management Plan is provided as an attachment and further discussed in Section VII — Greenhouse Gas Emissions. The AD Facility may only be built to 5,000 TPY to make electricity in a CHP unit to run the MSS facility, or up to 12,500 TPY to make electricity or renewable natural gas (RNG) to run a carbon negative fleet of 16 CNG vehicles. The emissions from each option are presented below, where one or the other will be built. For the purposes of the analysis, the highest emission amount will be used to present a worst case emissions scenario. Organic material used for anaerobic digestion would be off-loaded in the enclosed Access Hall for mixing prior to being loaded into an enclosed anaerobic digestion bunker within 48 hours of receipt. The Access Hall will be enclosed, subject to negative aeration pressure and designed to capture all emissions generated during short-term storage of the organic feedstock. The ventilation system would then discharge the air to a biofilter for cleaning prior to being emitted to the atmosphere. Biofiltration is a well-known treatment technology that has consistently documented destruction efficiencies of over 90% for VOCs as referenced in the studies noted below. A pilot -scale experiment done at California State University, Fresno, demonstrated a 99% destruction efficiency for VOCsI (O'Neil, 2010). Tests conducted at the Inland Empire Regional Compost Facility resulted in a measured VOC destruction efficiency of 94% 2(IERCF, June 2009)). Additionally, the South Coast Air Quality Management District (SCAQMD) published a list of operational biofilters and estimated destruction efficiencies that can be found at: http://www.admd.gov/rules/doe/x1133/app c biofilter.pdf3 (SCAQMD, 2011). Likusta, a manufacturer of odor control/biofilter systems, provides guaranteed control efficiencies of 90% for VOCs. Additionally, very high destruction efficiencies for methane and nitrous oxide have also been demonstrated. A pilot -scale experiment done at California State University, Fresno, demonstrated 99.7% destruction efficiency for methane and 97.1% for nitrous oxide. For this analysis, the following biofilter destruction efficiencies are used: VOCs: 90% Methane: 90% Nitrous Oxide: 90% t A Comparative Study: Air Emissions front Three Composting Methods, Tim O Neil, Engineered Compost Systems, Biocycle West Coast Conference, 2010. . 2 Compliance Source Test Report: Biofilter and Co -Composting Enclosure, Inland Empire Regional Composting Facility, prepared by AirKinetics for the Inland Empire Regional Composting Authority, June 2009. 3 South Coast Air Quality Management, Rule 1133.3, Emission Reduction fi-oin Green Waste Composting Operations, July 8, 2011. 58 Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation AD Facility — 5,000 TPY to CHI' option: The installation of an anaerobic digestion facility will process up to 5,000 tons per year of food waste and green waste to generate combined heating or power (CHI') to be utilized as electricity within the physical plant. Anaerobic digestion significantly reduces contaminant concentrations associated with decomposing material because emissions are managed in a controlled environment and passed through a biofilter. This facility, as proposed at 5,000 tons per year, would emit the following estimated criteria pollutants annually,: • 0.3 tons of volatile organic compounds (ROG) • 2.2 tons of carbon monoxide (CO) • 1.4 tons of NOx (nitrogen oxides) • 0.08 tons of PM10 (coarse dust particle pollution) • 0.08 tons of SOx (sulphur oxides) AD Facility — 12,500 TPY to CHP option: The installation of an anaerobic digestion facility will process up to 12,500 tons per year with similar biofilter controls, and would emit the following estimated criteria pollutants annually: • 1.74 tons of volatile organic compounds (ROG) • 9.7 tons of carbon monoxide (CO) • 4.2 tons of NOx (nitrogen oxides) • 0.00 tons of PM 10 (coarse dust particle pollution) • 2.3 tons of SOx (sulphur oxides) AD Facility —12,500 TPY to CNG option: The installation of an anaerobic digestion facility would process up to 12,500 tons per year of food waste and green waste to generate either combined heating or power (01,P) to be utilized as electricity within the physical plant or compressed natural gas (CNG) for use as fuel for collection vehicles. Anaerobic digestion significantly reduces contaminant concentrations associated with decomposing material because emissions are managed in a controlled environment and passed through a biofilter. This facility, as proposed at 12,500 tons per year producing CNG, would emit the following estimated criteria pollutants annually: • 0.47 tons of volatile organic compounds (ROG) • 1.05 tons of carbon monoxide (CO) • 0.36 tons of NOx (nitrogen oxides) • 0.01 tons of PM 10 (coarse dust particle pollution) • 0.08 tons of SOx (sulphur oxides) Biomass Conversion Facility: The addition of a biomass conversion facility would convert an estimated annual 14,600 tons of clean wood material (40 tons per day) to char and ash through a thermo-chemical process, and generate 1 megawatt of electricity; with a net (excess) of 0.75 Megawatts above that required to operate the system itself (0.75MW * 24 hours = 18 MWh.day)5. The biomass conversion facility, using Phoenix Energy gasification technology, is designed to recover gases in tars given off in the heating 4 Source reference, Cornerstone Engineering report, September 2012 for SmartFerm Anaerobic Digestion Facility at Agrornin's Oxnard Facility 5A megawatt (Mw) is a unit of measuring power that is equivalent to one million watts. One megawatt is equivalent to the energy produced by 10 automobile engines. A megawatt hour (Mwlr) is equal to 1, 000 kilowatt hours (Kwlz). It is equal to 1, 000 kilowatts of electricity used continuously for one hour. It is equal to the amount of electricity used by 330 homes during one hoar. 59 Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation process, which substantially lessen gas contaminant concentrations that would potentially be emitted as a result of the conversion process. The facility, as proposed, would emit the following estimated criteria pollutants annually: • 1.83 tons of volatile organic compounds (ROG) • 9.28 tons of carbon monoxide (CO) • 1.77 tons of NOx (nitrogen oxides) • 0.8 tons of PM 10 (coarse dust particule pollution) • 0.48 tons of SOx (sulphur oxides) MSS would use the energy generated by the biomass conversion facility to offset its energy consumption. As proposed, this facility would offset an estimated 1,826 MTCO2/metric tons of carbon dioxide emissions annually (e.g., avoided emissions). Conversion of wood waste to energy also reduces the volume of waste that is sent to landfills and reduces potential greenhouse gas emissions that may be generated from decomposition of these materials if deposited in the landfill. The biochar from the biomass conversion facility, averaging 1,000 tons per year, will be used as a soil amendment and be sequestered in the soil for up to 1,000 years. Any additional offset amount that might be realized by biochar sequestration and the diversion of wood waste from the landfill has not been quantified as a part of this analysis. Pursuant to the Bay Area Air Quality Management District CEQA Guidelines Updated May 2011 (Page 2-1 of the Guidelines) if a project would generate GHG emissions above the threshold level established in the guidelines Tables 2-1 (Air Quality CEQA Thresholds of Significance), it would be considered to contribute substantially to a cumulative impact, and would be considered significant. Pollutant Threshold ROG 10 tons per year NOX 10 tons per year PM 10 15 tons per year Local CO 9.0 ppm (8 -hour average), 20.0 ppm (1 -hour average) GHGs —Stationary Sources 10,000 MT of CO2e/yr A project would have a cumulative considerable impact if the aggregate total of all past, present, and foreseeable future sources within a 1,000 foot radius from the fence line of a source, or from the location of a receptor, plus the contribution from the project, exceeds the following: • Non-compliance with a qualified Community Risk Reduction Plan; or • An excess cancer risk levels of more than 100 in one million or a chronic non -cancer hazard index (from all local sources) greater than 10.0; or • 0.8 gghn3 annual average PM2.5. The project total emissions are below using the higher number — shaded in grey below - from either the AD -5,000 TPY to CHP, the AD -12,500 TPY to Cl IP, or the AD -12,500 TPY to CNG, added to that of the biomass conversion facility. Pollutant Threshold Project AD — 5,000 AD —12,500 AD —12,500 Biomass TPY TPY TPY Conversion CHP CHP CNG ROG 10 3.57 0.3 1.74 0.47 1.83 tons per ear 60 ' Potentially Less -Than- Less -Than - Significant Significant With Significant Impact Mitigation Impact Incorporation No Impact NOX 10 5.97 1.4 4.2 0.36 1.77 tons per year PM10 15 0.08 0.08 0.00 0.01 0.08 tons per year The proposed addition of either size of anaerobic digestion facility and the biomass conversion facility falls below thresholds of significance established by the BAAQMD. Further, it is reasonably anticipated that MSS will continue to comply all required state and local permitting requirements and local policies including the City's GHG reduction strategies would remain applicable to development within the City that is consistent with the City General Plan 2020. Therefore, impacts would be less -than -significant due to compliance with the BAAQMD guidelines, City CCAP and GHG strategy and ongoing regulatory and permitting oversight of multiple state, regional and local agencies. Public Storage Containers As noted in the project description, specifically the discussion of Use Permit Amendment UP09-020 in the project description above, retroactive approval of expanded public storage use that has occurred on the property from 1997 through 2005 has been requested. While a net reduction in the number of existing public storage containers would be realized, the use permit amendment would potentially permit continued public storage as an interim use of the property, which contributes to ongoing operational traffic and air quality impacts. See discussion in Section III.a above. Impacts would be less than significant from legalization of existing storage uses on the site, along with a net reduction (removal) of remaining and unpermitted public storage container use. The following construction activities would occur to remove and provide separation of containers: 1. Removal of containers from the site and repositioning of several containers to remain by crane and truck. 2. Construction of fire separation walls (CMU) as noted on the plans. 3. Seismic anchoring of containers to existing concrete with welded plates and epoxy anchors. Construction It is anticipated that there will be air quality issues during the construction phase of the project that will need to be mitigated. The demolition of paved areas and the subsequent redevelopment into the AD facility would result in emissions primarily from construction related vehicles. Construction would involve use of equipment and materials that would emit ozone precursor emissions (i.e., reactive organic gases or ROG, and nitrogen oxides, or NOx). Construction activities would also result in the emission of other criteria pollutants from equipment exhaust, construction -related vehicular activity, and construction worker automobile trips. Emission levels for these activities would vary depending on the number and type of equipment, duration of use, operation schedules, and the number of construction workers. Criteria pollutant emissions of ROG and NOx from these emission sources would incrementally add to the regional atmospheric loading of ozone precursors during project development. Emissions were estimated using the Cal EEMod model and are depicted below in Table 1 as determined for a similar AD Facility in South San Francisco in a mitigated Negative Declaration that was prepared by ESA Associates. The City of South San Francisco adopted this Mitigated Negative Declaration (MND) (SCH #2012092007) for the Blue Line Biogenic CNG Facility project in December of 2012. The Initial Study/Mitigated Negative Declaration (IS/MND) evaluated the construction impacts of developing a similar size Anaerobic Digestion (AD) Facility. TABLE 1 PEAK DAY CONSTRUCTION -RELATED POLLUTANT EMISSIONS (Pounds/Day)' 61 Potentially Significant Impact Year ROG NOx Co Less -Than- Less -Than- No Significant With Significant Impact Mitigation Impact Incorporation Exhaust Exhaust SO2 PM10b PM2.5b 2013 (Unmitigated Emissions) 3 18 15 <1 8 1 BAAQMD Construction Threshold 54 54 None None 82 54 Significant Impact? No No No No No No a. Emissions were modeled using CalEEMod and assumes pavement removal and export of approximately 2,230 cubic yards of excavated soils, as well as the substantially modular development of the project. Construction activities were assumed to occur for a duration of three months. Additional information is included in Appendix B. b. BAAQMD's construction -related significance thresholds for PM10 and PM2.5 apply to exhaust emissions only and not to fugitive dust. Recommended Mitigation Measures: Although the project would not generate emissions during construction that would exceed the BAAQMD thresholds, the BAAQMD recommends that projects implement a set of Basic Construction Mitigation Measures (BAAQMD, 2011) as best management practices (BMPs) regardless of the significance determination. Implementation Mitigation Measure AIR -1 would reduce impacts to a less -than -significant level. AIR -1: During active construction, the applicant shall require construction contractors to implement all the BAAQMD's Basic Construction Mitigation Measures, listed below: 1. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day, or more often if needed to control fugitive dust. 2. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. 3. All visible mud or dirt track -out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. 4. All vehicle speeds on unpaved roads shall be limited to 15 mph. 5. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. 6. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. 7. All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. 8. Post a publicly visible sign with the applicant's telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District's phone number shall also be visible to ensure compliance with applicable regulations. 62 Potentially Less -Than- Less -Than- No Significant Sigrlifzcant With Significant Impact Impact r litigation Impact Incorporation Operations The proposed project would generate pollutant emissions from operations through the following sources: on -road mobile, a front end loader, an internal combustion energy associated with the anaerobic digestion process, energy generation, and the lean gas flare. These sources are described in more detail below. For on -road mobile sources, the project would not result in any additional truck travel as yard waste trucks are already servicing bins that will later be converted for food and yard waste co -collection. For off-road equipment, the front end loader is assumed to be 125 horsepower and would operate 3.5 hours per day, 5 days per week. The lean gas flare is only operated for 3 to 4 hours per digester termination which occur every 2.5 to 3 days. Emission factors for these sources were incorporated (Edgar and Associates, 2012a) and stationary source emissions specifications (Edgar and Associates, 2012b Volatile organic compounds (VOCs, also called reactive organic gases [ROG]) from composting of the digestate were determined using the South Coast Air Quality Management District (SCAQMD) emission factors for windrows6 (SCAQMD, 2011), with a 90% reduction applied due to pile enclosure and pumping the off -gas to the biofilter. Operational emissions were estimated and are depicted below in Table 2. As shown in Table 2, long-term operational emissions of the project would be less than significant. TABLE 2 PEAK DAY OPERATION -RELATED POLLUTANT EMISSIONS (Pounds/Day)' Sources ROG NOx CO PM10 PM2.5 On -road Mobile (CNG Trucks + Employees) 0 Off-road Equipment (Front End Loader) 0.2 Microturbine 0.2 Composting 6.3 Lean Gas Flare 0 Total Pollutants 7 BAAQMD Operational Threshold 54 Significant Impact? No 0 0.4 0.1 0.1 1.9 1.2 0.1 0.1 0.8 0.7 0 0 0 0 0 0 0.8 1.2 0 0 4 4 0 0 54 None 82 54 No No No No a Assumptions and specific emission factors are from the South San Francisco AD Facility prepared by ESA Associates (Sources: 1, S, 6, 7, 15, 16, 17, 18, 19, 21) c. Result in a ci n ulatively considerable net increase any criteria pollutant for which the project region is non — attainment under an applicable federal or state ambient air El E quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? Discussion: See discussion of item (b) above. Less -than -significant impacts would result. 6 South Coast Air Quality Management, Rule 1133.3, Emission Reduction ff-om Green Waste Composting Operations, July 8, 2011. 63 01 Discussion: See discussion of item (a) and item (b) above. There are no sensitive receptors within 1 mile of the facility. No impacts would result. (Sources: 1, 6, 7) e. Create objectionable odors affecting a substantial number ofpeople? ❑ ® ❑ ❑ Discussion: Setting and Impact: See discussion of item (a) and (b) above. There are no sensitive receptors within 1 mile of the facility. Further, MSS is a facility regulated by CalRecycle (e.g. landfill, composting, etc.) and required to have Odor Impact Minimization Plan (OIlVIP) in place and have procedures that establish fence line odor detection thresholds. No impacts would result. A copy of the OIMP is provided in Attachment A. The ORAP includes two major components., a Complaint Response Protocol and an Odor Complaint Reporting Fon-nat. The Odor Complaint Response Protocol describes the procedures to follow upon receiving a complaint. The protocol includes measures to identify the odor and requires appropriate adjustments to storage, process control, and facility improvements to reduce odors. Implementation of Mitigation Measure AIR -2 would apply odor control measures to the project, which would reduce impacts to a less -than -significant level. Recommended Mitigation Measures: AIR -2: The applicant shall develop and comply with an Odor Impact Minimization Plan (GIMP) pursuant to the requirements of the California Code of Regulations, Title 14, Division 7, Chapter 3.1, Article 3, Section 17863.4. Once complete, the OIMP shall be submitted to the Local Enforcement Agency (LEA) for a 30 -day period for review and comment. (Perforinance-based mitigation measure) (Sources: 1, 6, 7,18, 19, 20) IV. BIOLOGICAL RESOURCES Would the project: a. Have a substantial adverse effect, either directly or through habitat modifications, on ❑ ® ❑ ❑ any species identified as a candidate, sensitive, or special status species in local or 64 Potentially Less -Than- Less -Than- No Significant Significant Jfith Significant Impact Impact Mitigation Impact Incorporation (Sources: 1, S, 6, 7, 15, 16, 17, 18, 19) d. Expose sensitive receptors to substantial pollutant concentrations? ❑ ❑ ❑ Discussion: See discussion of item (a) and item (b) above. There are no sensitive receptors within 1 mile of the facility. No impacts would result. (Sources: 1, 6, 7) e. Create objectionable odors affecting a substantial number ofpeople? ❑ ® ❑ ❑ Discussion: Setting and Impact: See discussion of item (a) and (b) above. There are no sensitive receptors within 1 mile of the facility. Further, MSS is a facility regulated by CalRecycle (e.g. landfill, composting, etc.) and required to have Odor Impact Minimization Plan (OIlVIP) in place and have procedures that establish fence line odor detection thresholds. No impacts would result. A copy of the OIMP is provided in Attachment A. The ORAP includes two major components., a Complaint Response Protocol and an Odor Complaint Reporting Fon-nat. The Odor Complaint Response Protocol describes the procedures to follow upon receiving a complaint. The protocol includes measures to identify the odor and requires appropriate adjustments to storage, process control, and facility improvements to reduce odors. Implementation of Mitigation Measure AIR -2 would apply odor control measures to the project, which would reduce impacts to a less -than -significant level. Recommended Mitigation Measures: AIR -2: The applicant shall develop and comply with an Odor Impact Minimization Plan (GIMP) pursuant to the requirements of the California Code of Regulations, Title 14, Division 7, Chapter 3.1, Article 3, Section 17863.4. Once complete, the OIMP shall be submitted to the Local Enforcement Agency (LEA) for a 30 -day period for review and comment. (Perforinance-based mitigation measure) (Sources: 1, 6, 7,18, 19, 20) IV. BIOLOGICAL RESOURCES Would the project: a. Have a substantial adverse effect, either directly or through habitat modifications, on ❑ ® ❑ ❑ any species identified as a candidate, sensitive, or special status species in local or 64 Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation regional plans, policies, or regulations, or by the California Department offish and Game or U.S. Fish and Wildlife Service? Discussion: Setting and Impacts: A biological resource assessment and "protocol -level" focused rare plant survey was prepared by WRA, Inc., in May 2010, focusing on the eastern portion of Area D and Area E. The study area for the biological resource assessment excluded Area A, B, C and most of Area D, due to their urbanized/developed condition which made these areas unsuitable to support special status wildlife species and/or sensitive plant habitats. The study confirmed the presence of two (2) sensitive plant communities: coast live oak woodland and purple needlegrass grassland. Coast live oak woodland is the dominant plant community with the Study Area, though additional species present included California bay, valley oak and California Buckeye trees and an understory predominantly consisting of poison oak and French broom. Purple needlegrass (Nassella pulchra) was designated the official state grass of California in 2004. This sensitive community was documented towards the top of the ridge, in patches interspersed with non-native grassland and often surrounded by invasive species. While no special status plant species were observed within the Study Area during the assessment site visits, the Study Area has the potential to support ten (10)'special status plant species, nine (9) of these special status plant species have a `high' (1) or `moderate'(8) potential to occur within the Study Area. One of these special status plant species most likely (`moderate' potential) to occur within the Study Area is the White -rayed Pentachaeta, which is an annual herb in the sunflower family that blooms March through May. The San Rafael General Plan 2020 identifies the Study Area as providing a suitable habitat suitable for the White -rayed Pentachaeta. The biological resource assessment found that, although its historic range was from Marin to San Mateo Counties, the White -rayed Pentachaeta has been locally extinct in Marin County since the 1980s. The only two remaining populations of the White -rayed Pentachaeta currently known are located in San Mateo County. While no special status wildlife species were observed within the study area during the assessment site visits, four (4) special status wildlife species have a `moderate' potential to occur within the Study Area (no special status wildlife species have a `high' potential to occur within the Study Area). Two (2) of the potential special status wildlife species are bats (the Long-eared Myotis and the Pallid,Bat) in which the Study Area provides suitable roost habitat. The other two (2) potential special status wildlife species are migratory birds (the White-tailed Kite and the Loggerhead Shrike) in which the Study Area provide a suitable breeding habitat. Though the biological resource assessment determined the grassland and woodland habitat within the Study Area provides a low -quality habitat to support the four (4) special status wildlife species, compliance with recommended Mitigation Measures Biological Resource -1 through Biological Resource - 4 would reduce the potential threat to roosting bats or breeding birds to a less -than -significant level. Recommended Mitigation Measures: BR -1: Any tree removal or trimming work shall be restricted to take place between September 15` and October 31st, which falls outside the breeding bird window and avoids both the maternity and hibernation period for bats. Tree removal can take place during this period without a breeding bird or bat roost survey. This does not include removing fallen trees, which can be removed at any time. W Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation BR -2: If brush clearing or ground disturbance is required within the Study Area, these activities shall be conducted outside of the breeding bird season which begins February I" and lasts through August 31".The exception is for clearing weedy brush, such as French broom, that overhangs existing fire roads. Brush may, be removed to the outer extent of the road at any time of the year without pre -construction surveys, if the road is regularly disturbed by active traffic. Removal of brush outside the outer edge of the road or on roads not regularly disturbed by active traffic should have pre -construction surveys. BR -3: In the event that initial ground disturbance, vegetation removal or construction cannot be scheduled outside the breeding bird season (February through August), a wildlife biologist shall conduct a breeding bird survey at least fourteen (14) days prior to the onset of the activity to determine if nesting birds are present. In the event that nesting birds are identified to be present, further mitigation may be required as recommended by the biologist, including establishing buffers no less than fifty (50) feet from active nest until young birds have fledged the nest. Larger buffers may be required for nesting birds of prey or special status species. The consulting biologist will provide a specific buffer based on agency guidelines, which species has been identified as nesting within the area and the presence of natural visual and auditory buffers (such as large stands of trees or hillsides). BR -4: If ground disturbance or tree removal occur during the.bat roosting season (November 0 through August 3151), potential bat roosts shall be inspected for the presence of bats prior to the start of work. Potential bat roosts include cavities in trees, exfoliating bark, snags, and cracks in large rocks. If a maternity roost is detected, up to a two -hundred (200) foot buffer shall be placed around the maternity site, and once the roost is clear for removal, a replacement structure such as a `bat box' should be created within the vicinity, as recommended by the wildlife biologist. In the event that bats are detected using a non -maternity roost site, one possible mitigation measure would be the placement of exclusion devices to potential entrance and exit hole after dusk once the bats have left the roost to forage. (Sources: 6,13) b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the ❑ ❑ ® ❑ California Department of Fish and Game or US Fish and Wildlife Service? Discussion: Refer to discussion (a) above. The biological resource assessment evaluated the Study Area for the presence of sensitive biological communities, including riparian areas. It identified two (2) sensitive biological communities within the Study Area: coast live oak woodland and purple needlegrass grassland. It also determined that these sensitive plant communities were poorly developed and interspersed by invasive, non-native, plant species, and particularly French broom. The Study Area was also surveyed to determine if any wetlands or waters potentially subject to jurisdiction by the U.S. Army Corp of Engineers (Corps), the Regional Water Quality Control Board (RWQCB) or California Department of Fish and Game (CDFG) were present. An intermittent, isolated drainage is located between two sections of paved fire road at the 125-170' elevation on Area E, above Area B. It is less than 100' in length and flows onto the lower section of paved fire road. The project does not propose any improvements in Area E, and limited site work in Area D, due to minor trenching required for installation of a new "fire flow" waterline extension from Andersen Drive. These proposed site improvements do not include removing or 66 Potentially Less -Than- Less -Than- No Significant Significant TVA Significant Impact Impact Mitigation Impact Incorporation modifying the existing improved (concrete) network of fire roads, organized tree removal or grading, or altering or interrupting the existing hydrological drainage pattern on Area E. Based on the limited site improvements proposed, staff concluded that a wetlands delineation report suitable for submission to the Corps was unwarranted. No further study is necessary. (Sources: 6,13) c. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean mater Act (including, but not limited to, marsh, vernal ❑ ❑ pool, coastal, etc) through direct removal, filling, hydrological interrztption, or other means? Discussion: Refer to discussions (a) and (b) above. Potential impacts from the project would be less -than -significant. (Sources: 6,13) d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migrat07y wildlife corridors, or ❑ ❑ ❑ impede the use of native wildlife nu se7y sites? Discussion: EN O1 Refer to discussions (a) and (b) above. No special status wildlife species were observed within the Study Area during the biological resource assessment site visits. The project would not result in any new fences or barriers that would impede movement of wildlife, and the site is not an existing or proposed wildlife nursery site. Thus, the project would have a no impact as it would not result in any change to existing migration corridors nor establish any new barriers. (Sources: 1, 6,13) e. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ❑ ❑ ® ❑ ordinance? Discussion: The City of San Rafael currently has not adopted a tree preservation ordinance. However, guidelines for development and tree removal in hillsides require "significant" trees to be replaced on a 3:1 ratio. The hillside guidelines define a "significant" tree as any tree species in good condition greater than 12" in diameter or any oak tree greater than 6" in diameter as measure 4.5' above the root crown. The project proposes limited trenching for installation of new fire line site improvements that would impact the study 67 Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation area, installation of new landscape areas adjacent to the open space Area E, construction of bioswales adjacent to the relocated container storage facility and above the existing bulkhead/gabion wall, and installation of a new stormdrain inlet. The proposed new landscape areas include a mixture of replacement trees and shrubs that would be compatible with native vegetation. The City's hillside guidelines require that new replacement trees and shrubs be consistent with the surrounding native vegetation (predominantly Coast live oak trees with California bay, valley oak or California buckeye). Implementation of the landscape plan would be required as a condition of approval. With project conditions of approval, the impacts would be less -than -significant. (Sources: 2, 4, 6) f. Conflict ivith the provisions of an adopted Habitat Conservation Plan, Natural Coninntnity Conservation Plan, or other approved local, regional, or state habitat conservation plan? Discussion: ❑ ❑ ❑ The proposed project would not conflict with any adopted Habitat Conservation Plan, Natural Community Conservation Plan or any other approved local, regional or state habitat conservation plan. No such conservation plans have been adopted encompassing the MSS site. No further study is necessary. (Sources: 1, 6) V. CULTURAL RESOURCES Would the project: a. Cause a substantial adverse change in the significance of a historical resource as ❑ ❑ ❑ defined in §15064.5? Discussion: As per Title 14, California Code of Regulations Section 15064.5, a `historical resources' is listed in, or eligible for listing in, the National Register of Historic Places or the Californian Register of Historic Resources or listed in a local register of historical resources or is determined by the lead agency when supported by substantial evidence, such as a cultural resource evaluation by a qualified or registered architectural historian. No `historic resource' currently exists within the MSS site. The San Rafael Historical/Architectural Survey lists, as a locally -protected cultural resource, a single-family residence (the `Bartel House') located at 524 Jacoby Street, on what is now Area E, within the MSS site. This `listed' historic resource was demolished sometime after 1977. Its remaining foundation has been incorporated into a metal equipment storage shed. No significant portion of the former Bartel House remains; no significant portion of the "listed" historic resource remains. No further study is necessary. (Sources: 12) b. Cause a substantial adverse change in the ❑ ® ❑ ❑ significance of an archaeological resource 68 Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation pursuant to §15064.5? Discussion: Setting and Impacts: On October 1, 2001, the San Rafael City Council adopted Ordinance No. 1772 and Resolution No. 10933, which established procedures to identify, protect and preserve archaeological resources, and codified these in Chapter 2.19 of the San Rafael Municipal Code. The Archaeological Resource Protection Ordinance included the preparation of an Archaeological Sensitivity Map by a qualified archaeologist. This map identified geographic areas of archaeological sensitivity and assigned an archaeological sensitivity rating of `high', `medium' or `low' based on a site's proximity to: 1) known and/or recorded sites containing archaeological resources; and 2) sites and/or geographic areas where studies or individual archaeological site assessments have been completed. This map was subsequently used by staff to create a citywide database (`PastFinder') in which to generate parcel -specific archaeological sensitivity reports for development proposals that involve excavation or grading. For development proposals that involve excavation or grading and are located in areas of `high' or `medium' sensitivity, staff shall require a detailed archaeological resources assessment if the site contains or located in the immediate vicinity of a recorded archaeological resource. According to both the City's adopted Archaeological Sensitivity Map and PastFinder, the level of archaeological sensitivity on the MSS site is `high'. Seven previous archaeological evaluations have been recorded, covering approximately 30% of the MSS site. Two prehistoric archaeological sites have been identified; one is a `habitation site' and the other is a `quarry site'. Archaeological Resource Service (ARS) prepared a cultural resource evaluation for the site on April 5, 2010. The cultural resource study determined that the level portions of the MSS site (primarily areas A through D) were either covered with existing buildings or pavement, or graded significantly, which precluded an effective examination. This limited the cultural resource study to an evaluation of the undeveloped or undisturbed area on the MSS site, which is predominantly Area E, the forested opens space hillside, and the narrow strip (70 -90' -wide) of land along the eastern boundary of Area D. The study identified two previously recorded cultural resources (CA-Mrn-80 and CA -Mm -525) and reported two additional, newly -observed cultural resources (ARS 10-005-01 and ARS 10-005-02) and an isolated artifact fund (a single Franciscan chert core tool), as follows: • CA -Mm -80, the habitation site', is located generally above or southeast of the existing container storage facility on Area B. The cultural resource study concluded that CA -MM -80 has been severely damaged (i.e., at least 85-90% of the original deposit) by original excavation for the adjacent Cal Park Hill Tunnel, originally a Northwestern Pacific Railroad tunnel, and grading, fill soil and paving of the fire road network. • CA-Mrn-525, the `quarry site', is located generally along the ridgeline, above or southeast of Area D. The cultural resource study concluded that CA-Mrn-525 has fared better, though recent grading, fill soil and paving of the fire road network has resulted in significant damage. • ARS 10-005-01 is a chert workshop, a 260' long x 140' wide area, located 230' northeast of CA- Mrn-525. It is a logical extension of CA-Mrn-525 but lacks evidence of quarrying and is separated from CA -Mm -525 by the improved fire road network and steep slope. It is generally undamaged and will be recorded as a separate archaeological site due to it's physically distinction from CA -Mm -525. • ARS 10-005-02 is a remnant of a prehistoric shellmound, located between the northwest parcel boundary and a row of storage containers, above the railroad tunnel. It is located on the western .e Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation side of a naturally eroding drainage channel. Like CA-Mrn-80 , the cultural resource study concluded that the vast majority (i.e., at least 85-90% of the original deposit) of ARS 10-005-02 has been removed by original excavation for the adjacent Cal Park Hill Tunnel. It is a logical extension of CA-Mrn-80 but will be recorded as a separate archaeological site due to a lack of evidence along the eastern side of the drainage channel and is separated from CA-Mrn-80 by the improved fire road network. The chert tool was found along the ridgeline and the cultural resource study concluded it to be an isolated find, originally dropped or lost along a trail or path system that followed the San Quentin or Bartel Ridge. These resources are shown in Figure 19 of the ARS report, which is included herein: 70 -n C M m Potentially Less -Than- Less -Than- No Significant Significant JYith Significant Impact Impact Mitigation Impact Inca por•ation A Cultural Resources Evaluation of the Marin Sanitary Service Parcel Jacoby Street, San Rafael, Marin County, California. April , 2010 20 While no site improvements, including grading or excavation, are proposed within Area E, the project's proposed minor trenching operations may disturb unknown cultural resources. Based on the cultural 71 Potentially Less -Than- Less -Than- No Significant Significant With Significant Lnpact Impact Mitigation Impact Incoi poration resource evaluation for the project, it is recommended that standard mitigation measures should be incorporated. Compliance with recommended Mitigation Measures Cultural Resources -1, -2, -3 and -4 would ensure that disturbance of recorded or unknown cultural resources during project's excavation, grading and construction activities would be reduced to a less -than -significant level. Recommended Mitigation Measures: The following measures shall apply to work in the vicinity of cultural resources, as shown on Figure 19 of the cultural resources report, Source Reference 13 (e.g., generally in the open space lands Area E): CR -1: To mitigate potential damage to any recorded cultural resource during grading, excavation or soil disturbance activities in the vicinity of any recorded cultural resource, including activities to remove concrete improvements to the existing fire road network, archaeological investigation should be undertaken to determine the exact boundary of the remaining deposit, the condition of the remaining deposit and the potential for significance of the archaeological site. A Native American monitor should also be present. The procedures to follow for archaeological and Native American monitoring of a cultural resource site are presented in Cultural Resources mitigation measures CR -2 and CR -3. CR -2: To mitigate potential damage to any recorded cultural resource during grading, excavation or soil disturbance activities in the vicinity of any recorded cultural resource, archaeological monitoring shall occur, based on the following procedures: • Monitoring will consist of directly watching the major excavation process. Monitoring will occur during the entire work day and will continue on a daily basis unit the depth of excavation has been reached at which the cultural resource no longer is present. This depth is estimated as usually five feet (5') below existing grade but may require modification as determined by the monitoring archaeologist and the observed soil conditions. • Spot checks will consist of partial monitoring the progress of excavation over the course of the project. Monitoring all spoils materials, open excavation, recently grubbed areas, and other soil disturbances will be inspected. The frequency and duration of spot checks will be based on the relative sensitivity of the exposed soils and active work areas. The monitoring archaeologist shall determine the relative sensitivity of the cultural resource site. • If prehistoric human interments (human burials) are encountered within the native soils of the cultural resource site, all work shall be halted in the immediate vicinity of the find. The County Coroner, project superintendent, and the project planner (or a representative of the Lead Agency, the City of San Rafael Community Development Department, Planning Division) shall be contacted immediately. The procedures to be followed at this point are prescribed by law. • If significant cultural deposits other than human burials are encountered, the project shall be modified to allow the artifacts or features to be left in place, or the archaeological consultant shall undertake the recovery of the deposit or feature. Significant cultural deposits are defined as archaeological artifacts or features .that associate with the prehistoric period, the historic era Mission and Pueblo Periods and the American era up to 1900. • Whenever the monitoring archaeologist detennines that potentially significant remains or human burials have been encountered, the piece of equipment that encounters the suspected deposit will be stopped, and the excavation inspected by the monitoring archaeologist. If the suspected remains prove to be non-significant or non -cultural in origin, work shall recommence immediately. If the suspected remains prove to be part of a significant deposit, all work shall be halted in that location until removal has been completed. If human remains are found, the County Coroner (or designated representative) shall be contacted to evaluate the discovered remains and 72 Potentially Less -Than- Less -Than- No Significant Significant 6i"ith Significant Impact Impact Mitigation Impact Inca poration implement proper contacts with pertinent Native American representatives through the Native American Heritage Commission (NAHC). Equipment stoppages shall only involve those pieces of equipment that have actually encountered significant or potentially significant deposits, and should not be construed to mean a stoppage of all equipment on the site unless the cultural resource deposit covers the entire site. During temporary equipment stoppages brought about to examine suspected remains, the monitoring archaeologist shall accomplish the necessary tasks in due speed. CR -3: To mitigate potential damage to any recorded cultural resource during grading, excavation or soil disturbance activities in the vicinity of any recorded cultural resource, Native American monitoring shall occur whenever archaeological monitoring is required or whenever prehistoric Native American cultural deposits are encountered or discovered. As recommended by the Native American Heritage Commission (NAHC), the Native American monitoring consultant shall have the following knowledge and abilities: • Knowledge of local historic and prehistoric Native American village sites, culture, religion, ceremony and burial practices. • Knowledge and understanding of California Health and Safety Code Section 7050.5 and California Public Resources Code Section 5097.9 et al. • Ability to effectively communicate the meaning of Health and Safety Code Section 7050.5 and Public Resources Code Section 5097.9 et al. to Marin Sanitary Services (MSS) representatives, including property owners, site managers, contractors and subcontractors, Native Americans, City of San Rafael Planning staff, and archaeological monitoring representatives. • Ability to work well with local law enforcement officials and the NAHC to ensure the return of all associated grave goods taken from a Native American grave during grading, excavation or soil disturbance activities. • Ability to travel to known cultural resource sites within the traditional tribal territory. • Knowledge and understanding of California Environmental Quality Act (CEQA) Guidelines, Section 15064.5 and Section 106 of the National Historic Preservation Act of 1966 (NHPA), as amended. • Ability to advocate for the preservation in place of Native American cultural features through knowledge and understanding of CEQA mitigation measures, as stated in CEQA Guidelines Section 15126.4(b)(A)(B), and through knowledge and understanding of Section 106 of the NHPA. • Ability to read topographic maps and be able to locate known cultural resource sites and reburial locations for future inclusion in the NAHC Sacred Lands Inventory. • Knowledge and understanding of archaeological practices, including the phases of archaeological investigation. The Native American monitoring consultant is required to: • Ensure the presence of a Native American monitor during all earth disturbing activities in the vicinity of any recorded cultural resource or whenever prehistoric Native American cultural deposits are encountered or discovered. Communicate orally and in writing with the archaeological monitoring consultant, City of San Rafael Planning staff, representatives for MSS representatives, including property owners, site managers, contractors and subcontractors, and any Native American organizations. The Native American monitoring consultant will be responsible for communicating any observations or recommendations to any Native American organizations, neighborhood groups, or individuals that have contacted the City of San Rafael to request listing. The contact list will be supplied to the Native American monitor. al Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation • Maintain a daily log of activities and file a report with the MSS representatives on each day that a Native American monitor is present. • Prepare progress reports on any `findings' and summarize the observations and recommendations made in the daily reports (i.e., human remains, associated grave goods, non -human bone fragments, beads, arrow points, and other artifacts). The progress reports will be submitted monthly or at the completion of all approved earth disturbing activities. • Prepare a final written report at the completion of all approved earth disturbing activities, summarizing the observations and recommendations of the daily and monthly reports and making recommendations for future activities and procedures on the MSS site, as appropriate. The final report should describe the monitoring process, the discovery any Native American human remains and associated grave goods, and their final disposition. This report shall contain, at a minimum, the following information for each discovery of human remains and associated grave goods: o Date of each find o Description of remains and associated grave goods o Date of reburial, and the geographical located of reburial, including traditional site name if known The final report shall include a discussion of mitigation measures taken to preserve -or protect Native American cultural features and shall be submitted to the archaeological monitoring consultant, MSS representatives, the City of San Rafael Planning staff, and the NAIIC at the completion of all approved earth disturbing activities. Information from the report may be included in the NAIIC Sacred Lands Inventory. Demonstrate the ability to identify archaeological deposits and potential areas of impact. Work with the Most Likely Descendant (MLD) if human remains are encountered. A MLD will be chosen by the NAHC if human remains are encountered. There is no guarantee that the Native American monitoring consultant will be named as the MLD. The chosen Native American monitoring consultant must be able to communicate with the MLD effectively, and to aid in carrying out any procedures or tasks undertaken or recommended by the MLD. CR -4: In the absence of specific recommendations made by the archaeological monitoring consultant, the following general procedures shall be implemented during the finding of an artifact (i.e., any item or object over fifty years of age): • All contractors and subcontractors shall be required to inform all of their employees that no artifacts are to be removed from the area of the `find' except through authorized procedures. • Any artifacts found at or near a recorded cultural resource are to be turned over to, or brought to the immediate attention of, the archaeological monitoring consultant. In the absence of the archaeological monitoring consultant, the artifact shall be delivered to the Native American monitoring consultant, MSS representatives (i.e., property owners, site managers, contractor and subcontractor supervisors) or the City of San Rafael. Planning staff. • Whenever any artifact is found or reported, a tag should be included that indicates the following information: o The identity of the finder and the date of discovery o The identify of the responsible individual to who the artifact is given o A description of the location where the artifact was found, the approximate distance and direction to the nearest measuring point, identification point on the project plans, or other reliable, accurate method of locating. o A description of the artifact that will allow it to be identified if the tag and the artifact are separated. 74 Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation • The artifact, if portable, should be transported to a safe location where it can be kept until it can be inspected by the archaeological monitoring consultant. The following standard CEQA mitigation measure shall apply to trenching and site work located on the developed portions of the site (e.g., generally the undeveloped strip of Area D): CR -5: In the event of the accidental discovery of historical or unique archaeological resources accidentally discovered during construction or recognition of any human remains in any location other than a dedicated cemetery, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until: 3. In the event of accidental discovery of potential resources an immediate evaluation of the find shall be conducted by a qualified archaeologist. If the find is determined to be an historical or unique archaeological resource, contingency funding and a time allotment sufficient to allow for implementation of avoidance measures or appropriate mitigation should be available. Work could continue on other parts of the building site while historical or unique archaeological resource mitigation takes place. 4. In the event of discovery of human remains, the coroner of the county in which the remains are discovered must be contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American: a. The coroner shall contact the Native American Heritage Commission within 24 hours. b. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descended from the deceased Native American. c. The most likely descendent may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resources Code Section 5097.98, or d. Where the following conditions occur, the landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further subsurface disturbance. i. The Native American Heritage Commission is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 24 hours after being notified by the commission. ii. The descendant identified fails to make a recommendation; or iii. The landowner or his authorized representative rejects the recommendation of the descendant, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. (Sources: 6,12) c. Directly or indirectly destroy a unique paleontological resource or site or antique geologic feature? Discussion: Refer to discussion (b) above. No known paleontological or fossilized resources have been identified within the MSS site. A large portion of the MSS site, Area E, is essentially a `geologic feature'; it is a natural landform created by the geologic process or `plate tectonics". The project proposes minor trenching within the undeveloped, eastern portion Area D for the purpose of installing a new, 8" -wide and 75 Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation 1,125' -long, "fire flow" waterline from Andersen Drive, which is located at the base on this natural geologic feature. The proposed trenching is relatively minor and limited to the base of the forested hillside on the MSS site and will not significantly damage this `geologic feature'. No further study is necessary. (Sources: 6, 12) d Disturb any human remains, inchtding those interred outside offormal cemeteries? ❑ ® ❑ ❑ Discussion: Refer to discussion (b) above. The cultural resource evaluation for the project identified that in October or November of 1955, an adult female human skeleton was found at recorded cultural resources site CA- Mrn-80. The burial was found at the base of a `midden' mound that had been badly damaged by heavy `land leveling' equipment. There are no formal cemeteries or known interred human remains within the MSS site. It is unlikely that unknown human remains exist within the MSS site due to the steep (approximate 39% average cross slope) hillside topography. Still, compliance with recommended Cultural Resources Mitigation Measures CR -1 through CR -4 would ensure that any disturbance of unknown human remains is properly processed and the appropriate interested parties notified. Recommended Mitigation Measures:. Implement Cultural Resources Mitigation measures CR -1 through CR -5 (Sources: 6,12) VI. GEOLOGY AND SOILS Would the project: a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issuted by the State Geologist for the area or based on ❑ ❑ ❑ other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. Discussion: The Alquist-Priolo Earthquake Fault Zoning (AP) Act (was passed into law following the destructive February 9, 1971, 6.6 -magnitude, San Fernando earthquake) ensures public safety throughout the State of 76 Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation California by prohibiting the siting of most structures for human occupancy across traces of active faults that constitute a potential hazard to structures from surface faulting or fault creep. However, no Alquist- Priolo Special Studies Zones are located within the City of San Rafael. The nearest known active earthquake faults to the MSS site are the North Golden Gate Segment of the San Andreas Fault System and the North Hayward Segment of the Hayward -Rodgers Creek Fault System, both `active' faults located approximately 10 miles to the east and west of the site, respectively. The probability of a magnitude 6.7 or greater earthquake occurring on the North Coast San Andreas Fault or North Hayward Fault, between 2000 and 2030, is 12% and 16%, respectively. In the event of a major earthquake in the Bay Area, the site may be susceptible to seismic shaking and related ground failure. However, the threat of surface rupture is remote since no known active earthquake faults cross the site. No further study is necessary. (Sources: 1) ii) Strong seismic ground shaking? ❑ ❑ ® ❑ Discussion: The range of ground shaking depends on the magnitude of the earthquake, the distance from the earthquake epicenter, the rock and soil conditions at the site, and variations in the propagation of seismic waves from the earthquake due to complexities in the structure of the Earth's crust. As is the case with the surrounding region, the MSS site is potentially susceptible to strong seismic ground shaking given its proximity to the Hayward and San Andreas Faults. The project proposes limited site improvements that include, primarily relocating container storage units. Both the existing and relocated container storage facilities would comply with current California Building Code requirements established for seismic safety. Thus, no unique or unusual impacts have been identified with the project. Impacts would be a less - than -significant. (Sources: 1) iii) Seismic related ground failure, including liquefaction? ❑ ❑ ® ❑ Discussion: Ground failure, including liquefaction, generally occurs when loose, saturated granular soil experiences a sudden loss of shear strength during seismic shaking. Space between individual soil particles is fulled with water, which exerts pressure and influences how tightly these particles are pressed together. Prior to an earthquake, the water pressure is relatively low. However, seismic shaking can cause the water pressure to increase to the point where the soil particles can readily move with respect to each other. Ground failure generally occurs along the tops of slopes, where `stiff soils are underlain by soft deposits. The low lying portions of the site near Andersen Drive were historically tidally influenced lands. The MSS site is currently comprised of five (5) adjoining parcels (A through E). The subject parcels, identified as land use Areas A through D are relatively level, consisting of developed MSS operations areas. The undeveloped open space Area E will remain densely forested, private open space hillside. During multiple visual inspections in and around the MSS site, staff found no evidence indicating ground failure. Since the project proposes limited site improvements (i.e., minor trenching and container storage facilities relocation) subsurface geotechnical investigation has not been deemed required. Further, new construction and the existing gabion wall are required to be designed to comply with the seismic safety 77 Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation zone and soils characteristics of the site which would serve to ensure any potential risks are addressed. This, liquefaction susceptibility associated with the proposed project is considered to be very low. This would be a less -than -significant impact. (Sources: 1) iv) Landslides? Discussion: ❑ ❑ ® ❑ Refer to discussion (a.iii.) above. The geology of the MSS site is primarily Franciscan Complex Melange (fsr). Franciscan Complex Melange is a 145 -million year old, assemblage of pillow basalt, sedimentary rocks such as shale, chert and greywacke sandstone, and assorted metamorphic rocks, created by the tectonic seduction (i.e., plates moving at a average rate of 5 centimeters per year) of the oceanic Pacific Plate with the continental North American Plate. Franciscan Complex Melange is essentially `bedrock'; it comprises the bulk of the California Coast Ranges which surround the MSS site. Landslides are the sudden or unexpected geomorphic movement of rock, soil or a combination of the two. The relative likelihood of land sliding is a product of essentially rock strength and steepness of slopes. The project proposes limited site improvements (i.e., minor trenching for a new underground waterline and container storage facilities relocation), restricted primarily to Areas A through D, the non -hillside parcels on the MSS site. No fill from this waterline trenching is proposed to be deposited on the hillside slopes of Area E, the forested, private open space area. No physical evidence of ground failure, including past landslides, was observed during site inspections of the project area by planning staff. This inherently high rock strength of the Franciscan Complex Melange on the MSS site, together with the lack of proposed site grading (excavation or fill) on steep slopes, present a very low landslide susceptibility for the project. (Sources: 1) b. Result in substantial soil erosion or the loss of topsoil? ❑ ❑ ® ❑ Discussion: Refer to discussion (a.iv.) above. The project proposes limited site trenching on Area D for the installation of a new "fire flow" waterline extension. Compliance with standard grading permit requirements would ensure that an Erosion Control Plan and/or Storm Water Pollution Prevention Plan is required to be installed prior to issuance of a grading permit and maintained during trenching and installation of the new waterline extension to reduce soil erosion resulting from temporary construction activities to less -than -significant levels. (Sources: Z, 6,10) c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in ❑ ❑ ® ❑ on, or off, site landslide, lateral spreading, subsidence, liquefaction or collapse? 78 Potentially Significant bnpact Discussion: Refer to discussion (a.iii. and a.iv) above. (Sources: 1) d. Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or ❑ property? Discussion: Less -Than - Significant YVith Mitigation Incorporation 0 Less -Than - Significant Impact ►5 No Impact u `Expansive soils' are fine-grained alluvial soils containing primarily clay. Clay materials can undergo relatively large volume changes in response to fluctuations in water content of near -surface soils due primarily to seasonal rainfall. As the water content increases, the soils will expand; conversely, when the water content decreases, the soils will generally contract or shrink. Soils underlain with fifty percent (50%) or greater abundant clays are known to have a significant expansive or swelling potential. The geology of the MSS site is primarily Franciscan Complex Melange (fsr), which is generally anticipated to possess relatively low clay content and a correspondingly low soil expansion potential. The project proposes limited site improvements (i.e., minor trenching for a new underground waterline and container storage facilities relocation), which may be impacted by isolated unknown areas of expansive soils. The effects of expansive soils could cause damage to the concrete foundations of the container storage facilities or to the integrity of the waterline delivery system, depending on the level of pressure created by soil expansion and contraction and surface water infiltration, including cracking, settlement and uplift. Since the proposed site improvements will be designed and constructed in compliance with the Californian Building Code standards, this would be a less -than -significant impact. (Sources: 1, 6) e. Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Discussion: ❑ ❑ ❑ The proposed site improvements do not include septic tanks or alternative wastewater disposal systems. No further study is necessary (Sources: 6) VII. GREENHOUSE GAS EMMISSIONS Would the project: a. Generate greenhouse gas emissions, either ❑ ❑ ® ❑ 79 Potentially Less -Than- Less -Than- No Significant Significant With Significant bnpact Impact Mitigation Impact Incorporation directly or Indirectly, that may have a significant impact on the environment? Discussion: In 2006, Assembly Bill 32 (AB 32; the California Global Warming Solutions Act) established state legislation requiring a statewide reduction in greenhouse gas (GHG) emissions to 1990 levels by 2020. On December 12, 2008, the California Air Resources Board adopted an AB32 Scoping Plan, requiring cities to achieve a 15% reduction in greenhouse gas emissions by the year 2020. On April 20, 2009, the San Rafael City Council adopted by Resolution (No. 12725) the San Rafael Climate Change Action Plan (CCAP) to reduce the carbon footprint of City operations and to reduce greenhouse gas emissions of San Rafael households and businesses. The CCAP contained a proposed greenhouse gas reduction goal of 25% by the year 2020 and 80% by 2050 using 48 proposed programs. The CCAP, using data analysis performed and provided by ICLEI (International Association of Local Govermnental Initiatives) — Local Governments for Sustainability, revealed that 61% of San Rafael's greenhouse gas emissions is due to the burning of fossil fuels in transportation and 34% is consumed in residential and commercial buildings from utility needs. On July 18, 2011, the City Council adopted the Greenhouse Gas Emissions Reduction Strategy as Appendix E of the San Rafael Climate Change Action Plan (P11-009). Concurrently, GPA11-001 was adopted to include the General Plan 2020 Sustainability Element policies. These amendments were adopted in response to SB97 and changes by the Bay Area Air Quality Management District (BAAQMD) in 2010 to update its CEQA Air Quality Guidelines for the Bay Area; requiring that projects address new state climate change and GHG reduction requirements (consistent with AB32 goals). The GHG Emissions Reduction Strategy plan provides an opportunity to revisit and recalculate the numerous programs contained in the City's Climate Change Action Plan (CCAP); previously adopted in April, 2009. A GHG Reduction Strategy Checklist was also developed that identifies required elements that projects must satisfy in order be compliant with the CCAP. This document is expected to be updated frequently as programs are completed, others added and emission data is refined. As an alternative to conducting a project -by -project GHG analysis, the BAAQMD Guidelines allow the preparation and adoption of a GHG Emissions Reduction Plan to examine emissions and reduction strategies at a community -wide level. This is encouraged by BAAQMD as a more proactive means of achieving desired air quality changes. The amended CCAP GHG Reduction Strategy plan was reviewed by BAAQMD, and meets its requirements for a Qualified Greenhouse Gas Reduction Strategy. The City meets the BAAQMD requirement, as a Qualified Greenhouse Gas Reduction Strategy, because it includes the following elements: • an emission inventory and projections required by S13375, • target reductions, • application of GHG reduction measures, • a checklist to require implementation of measures in a project, • monitoring and updating the GHG inventory and reduction measures every 3-5 years before 2020, • requires the annual reporting on progress of implementation of CCAP / GHG Reduction Plan programs, and • regular monitoring of community -wide GHG levels to assure that Plan objectives are being met. Amendments to the San Rafael Municipal Code have also been made, and are currently being pursued, to provide legislative standards that implement the Sustainability Element and the CCAP (this has included updates to adopt City water -efficient landscaping standards, parking paving, design and landscape 80 Potentially Less -Than- Less -Than- No Significant Significant Dith Significant Impact Impact Mitigation Impact Incorporation requirements, a ban on foam containers and plastic bags, among others). Compliance with the CCAP assures that the Sustainability Element policies would be addressed, and that a development project would satisfy regional air quality and GHG reduction requirements enforced by the Bay Area Air Quality Management District (BAAQMD). Compliance with the GHG Reduction Strategy Checklist ensures compliance with the General Plan Sustainability Element and the CCAP and ordinances adopted to implement these policies. Site development would satisfy applicable policies based on compliance with new City standards adopted for purpose of implementing these CCAP and General Plan 2020 Sustainability policies. Responses to the City of San Rafael Greenhouse Gas Reduction Strategies checklist typically documents compliance with the Sustainability Element and related 2009 City Climate Change Action Plan, as amended in 2011. In this case, the project would reduce existing storage uses, but does anticipate new equipment to enhance reduction and reuse operations (as noted in the discussion under Air Quality Section E l.b above, an anaerobic digestion facility and a biomass conversion facility are anticipated). MSS has committed to voluntarily estimate its greenhouse gas (GHG) emissions beginning with base year 2006 and continuing to this reporting year, Calendar Year (CY) 2013. MSS's previous years (CY2006- 2013) have been successfully verified through The Climate Registry. The MSS Climate Action Management Plan is attached. Understanding the greenhouse gas impacts from these activities, and how those impacts are mitigated, will allow greenhouse gas emissions to be considered in a quantifiable manner when implementing firture programs and management strategies. A summary of MSS greenhouse gas emissions from 2006 to 2013 are presented below. CO2 (metric tons) Emission Summary- CY2006 - CY2013 2006 2007 2008 2009 2010 2011 2012 2013 MTCO2 MTCO2 MTCO2 MTCO2 MTCO2 MTCO2 MTCO2 MTCO2 Mobile 4,134 Emissions 4,320 4,316 4,204 4,187 4,323 4' 540 4,514 Non -Mobile 447 416 653 418 585 505 479 586 Emissions Total 4,581 4,736 4,969 4,622 4,771 4,828 5,019 5,100 Part of a company's value chain is responsible management of materials and waste and are evaluated in this section. This "Avoided Indirect Emissions" analysis provides a complete evaluation of how much greenhouse gas (GHG) a company has prevented through the responsible management of its waste due to recycling and composting. These calculations include considerations for the entire life cycle of discarded material, and thereby provide a more complete analysis of these benefits. Although the GHG benefits of recycling, composting, and repurposing waste are substantial, they are often not immediately visible and easily quantifiable. The calculations included in this report make these benefits more tangible by offering an accurate and salient estimation of the GHG benefits of recycling and composting. The table below summarizes the emissions MSS was able to avoid through its composting and recycling programs from the attached MSS Climate Action Management Plan. Avoided Emissions by Cateeory-2013 End Use Avoided Landfill Avoided Emissions Total Tons Emissions from End -Use Avoided Emissions Recycled 69,506.27 (8,840.19) (90,154.72) (98,994.92) 81 Potentially Less -Than - Significant Significant With Impact Mitigation Incorporation Less -Than- No Significant Impact Impact Composted* Biomass Conversion Landfill Beneficial Reuse Landfill Waste Total 19,370.37 (3,890.74) (8,309.89) (12,200.63) 35,894.47 (2,547.34) (7,537.84) (10,085.18) 55,505.47 2,245.98 NA 2,245.98 97,077.81 20,498.73 NA 20,498.73 277,354.39 7,466.44 (106,002.45) (98,536.01) • Numbers in parentheses represent avoided emissions (AITCOze). • Negative landfill emissions are avoided by not landfilling materials; the positive landfill emissions are actual emissions (MTCOZe) generated by landfilling waste, alternative daily cover, and the residual fraction. The AB 32 Scoping Plan First Update was adopted on May 15, 2014 by the California Air Resource Board and includes the Net -Zero concept where the Waste Sector goal is to be Net Zero by 2030. Net -Zero has been defined by the California Air Resource Board as when an organization's avoided indirect emissions offset their operational emissions. By reporting the progression of operational vs avoided emissions, it is possible to evaluate the achievement of this goal now. To meet Net -Zero, one's avoided GHG emissions must be greater or equal to one's operational GHG emissions. MSS has been tracking its avoided emissions annually since 2009, and has frilly offset its direct emissions, on average, 19 times - well below Net -Zero. MSS has avoided 98,536 tons of GHGs in 2013 by recycling and composting, whole only generating 5,100 tons of GHGs from its operational emissions. Table 3: Operational vs. Avoided Emissions, MTCO2, Emissions 2009 2010 2011 2012 2013 Operational 4,622 4,771 4,828 5,019 5,100 Avoided (97,312) (91,976) (97,334) (99,051) (98,536) The anaerobic digestion facility will further avoid GHGs by over 2,000 MTCO2e and the biomass conversion facility will further avoid GHGs by 1,826 MTCO2e. Based on the discussion above and in the Air Quality Section III.b the project potential GHG impacts have been determined to be less -than -significant. (Sources: 1, 2, S, 6, 7,15,16, 22) b. Conflict with an applicable plan, policy or regulation for the pan pose of reducing the ❑ emissions of greenhouse gases? Discussion: See discussion (a) above. Less -than -significant impacts would result. (Sources: 1, 2, S, 6,15,16, 22) 82 ❑ ® ❑ Potentially Significant Impact VIII. HAZARDS AND HAZARDOUS MATERIALS Would the project: a. Create a significant hazard to the environment through transport, use, or disposal materials? Discussion: Setting and Impacts: the public or the routine of hazardous ❑ Less -Than- Less -Than- No Significant With Significant Impact Mitigation Impact Incorporation ® ❑ ❑ MSS operates a comprehensive, multi -faceted, waste management facility on site under permit authority from CalRecycle. On Area A, MSS operates the Marin Household Hazardous Waste Facility (HHW) collecting household hazardous, universal and electronic waste. Collected items include paints, oils, batteries, fertilizers, pesticides, fluorescent light bulbs and painted or treated wood products. HHW operates under additional permitting by the State Department of Toxic Substances Control (DTSC) and regulated by the County of Marin Certified Unified Program Agency (CUPA). MSS will continue to operate the HHW facility under the auspices of the Marin County Joint Powers Authority (JPA) and the City of San Rafael Fire Department. No changes in these MSS operations are proposed. Proposed site improvements are limited to installing new, `fire flow' waterline extension from Andersen Drive through Area D. During the construction of the site improvements and the continuing, ongoing maintenance of the MSS site, a minor amount of hazardous materials (e.g., paints, solvents, oils, etc.) may be used but all contractors are expected to abide by state and federal regulations regarding the transport, use, and disposal of such materials, which would minimize exposure to, and limit transporting of, hazardous materials. This is an existing condition, and project related impacts would be a less -than -significant. The proposed project also involves the production of biogas generated through the anaerobic digestion process. Biogas is composed primarily of methane but can also contain small quantities of carbon dioxide and hydrogen sulfide. The City of South San Francisco adopted the Mitigated Negative Declaration (MND) (SCH #2012092007) for the Blue Line Biogenic CNG Facility project in December of 2012. The Initial Study/Mitigated Negative Declaration (IS/MND) evaluated the impacts of developing an Anaerobic Digestion (AD) Facility of similar size and evaluated the storage of methane. The biogas would be captured and the low quality lean gas (methane content below 20% and higher than 1%) would be destroyed in an enclosed lean gas flare (LGF) generated during digester termination operations. Methane is not toxic, but handling methane can be hazardous as it is ignitable and can be flammable. Methane has an ignition temperature of 1,000 degrees Fahrenheit (°F) and is flammable at concentrations between 5 percent and 15 percent in air. Unconfined mixtures of methane in air are not explosive; however, a flammable concentration within an enclosed space in the presence of an ignition source can explode. Methane is buoyant at atmospheric temperatures and disperses rapidly in air. Unintentional releases of biogas from the facility could pose risks to human health and safety. For example, biogas could be released from a leak or rupture at the digester facility. If the gas reaches a combustible mixture and an ignition source is present, a fire -and/or explosion could occur, resulting in possible injuries and/or deaths. Compliance with existing safety regulations and widely -accepted industry standards would minimize the hazard to the public and the environment. With respect to the flaring of biogas and potential fire hazards associated with the storage and transport of methane and small quantities of other materials used in operations, the National Fire Protection Association (NFPA) has established standards for fire protection which would be applicable to the 83 Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation construction of the AD facilities. These standards have been successfully implemented by numerous waste water treatment facilities across the country. Construction and operation of the project would be required to comply with the California fire code and local building codes (including requirements for the installation of fire suppression systems). Standard safety measures for anaerobic treatment facility construction and operation that would minimize the potential for risks from unintentional releases of biogas include leak detection systems, warning signals, and safety flares to reduce excess gas capacity. If released to the environment, methane would be dispersed rapidly in air, minimizing the hazards of exposure. Recommended Mitigation Measures: Although compliance with existing laws and regulations governing the.transport, use, storage, handling and disposal of hazardous materials would likely ensure less than significant impacts, a Fire Safety Plan would be implemented per Mitigation Measure IIAZ-1 due to the combustion potential of methane. IIAZ-1: Prior to project approval, the applicant shall prepare and implement a Fire Safety Plan that outlines fire hazards, describes facility operations procedures to prevent ignition of fires, requires regular inspection of fire suppression systems, and provides worker training in safety procedures as well as protocols for responding to fire incidents. The Fire Safety Plan shall be reviewed and approved by the local fire enforcement agency. (Sources: 1, 6, 7) b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions ❑ ❑ ® ❑ involving the release of hazardozrs materials into the environment? Discussion: Refer to discussion (a) above. The project does not create any new potential hazards. As discussed above, small quantities of hazardous materials could be used in the construction and operation of the proposed project. Compliance with environmental laws and regulations would reduce the potential for any release of those materials to adversely affect onsite workers, the environment or the public. There are no schools located within a quarter mile of the proposed project. Therefore, there would be no impact related to potential exposure of hazardous emissions or acutely hazardous materials, substances, or wastes within one-quarter mile of a school. The potential for accidental release of hazardous materials into the environment during the operations and/or site improvements to the MSS site would be a less -than -significant impact due to the regulatory oversight by multiple state, regional and local permitting agencies. No further study is necessary. (Sources: 1, 6, 7) c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile ❑ ❑ ❑ of an existing or proposed school? Discussion: 84 Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation Refer to discussion (a) and (d) above. The project does not result in any new hazardous emission sources. No existing or proposed school, whether public or private, is located within one-quarter mile of the MSS site. The closest operating public school is Bahia Vista Elementary School (125 Bahia Way), located approximately .8 -mile north of the MSS site. The closest operating private school is Trinity Preschool and Kindergarten (333 Woodland Dr.), located approximately 1.3 -mile northwest of the MSS site. No hazardous emissions would be associated with the project and thus no impact would occur at either school. No further study necessary. (Sources: 1, 6, 7) d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a ❑ ❑ ❑ IK significant hazard to the public or the environment? Discussion: As noted above, the project does not result in any new activities or uses on the site, aside from legally permitted storage use expansion in Areas B and D. No portion of the MSS site is included on the State Department of Toxic Substances Control's Hazardous Waste and Substances Site List (DTSC's "Cortese List") under Government Code Section 65962.5. The closest active (active as of 12/6/2011) "Cortese List" site is the San Francisco Nike Battery 93, an former Army anti-aircraft control guided missile launch and defense command facility located within the Harry A. Barbier Memorial Park, approximately 5 miles north of the MSS site. The closest inactive (deemed needing evaluation for potential PCB — Polychlorinated Biphenyl — contaminants as of 3/15/1995) "Cortese List" site is the PG&E Utility Corporation Yard, located at 1220 Andersen Drive, immediately north, and adjacent to, Area D. No further study is necessary. (Sources: 1, 6, 7) e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project ❑ ❑ ❑ result in a safety hazard for people residing or working in the project area? Discussion: The MSS site is not located within an adopted airport land use plan. The MSS site is also not located within two miles of a public airport or public use airport. The nearest public airport or public use airport is the 120 -acre, publicly -owned, Marin County Airport at Gnoss Field in Novato, which is located approximately 15 miles north of the MSS site. No further study is necessary. (Source: 1) f. For a project within the vicinity of a private airstrip, would the project result in a safety ❑ ❑ ❑ hazard for people residing or working in the 85 Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation project area? Discussion: The MSS site is not located in the vicinity of a private airstrip or privately -owned airport facility. The MSS site is located approximately six miles south of the nearest small private airstrip; the 120 -acre, San Rafael Airport site located in North San Rafael. No further study is necessary. (Source: 1) g. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation ❑ ❑ ❑ plan? Discussion: The project proposes to update the existing Master Use Permit at the MSS site to allow the continued waste management and recycling operations in Areas A through D. The site is not within an emergency evacuation route. City departments, including the Fire Department, have reviewed the project and determined adequate emergency access to the MSS site currently exists and the proposed site improvements would have negligible or no impact on providing continued emergency access, response or evacuation if needed. The MSS site is located approximately 0.5 -miles west of the San Rafael Corporation Yard, a `primary' emergency shelter site for the City. No further study is necessary (Sources: 1) h. Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are ❑ ❑ ® ❑ adjacent to urbanized areas or where residences are intermixed with wildlands? Discussion: As noted in the project description, no increase in existing MSS facility primary and ancillary uses are proposed. The private open space Area E is located within the City's Wildland-Urban Interface very high severity zone (WUI) in which specific combustible vegetation management standards are required in order to create 100' defensible space around structures. The project has resulted in removal of wood storage from the Area E, and routine vegetation management of this area would be pennitted to continue. The San Rafael Fire Department has reviewed the project and determined that the site would comply with the City's WUI Ordinance. Impacts would be less -than -significant. No further study is necessary. (Sources: 1) IX.. HYDROLOGY AND WATER QUALITY Would the project: a. Violate any water quality standards or waste ❑ ❑ ® ❑ 86 Potentially Less -Than- Less -Than- No Significant Significant 66th Significant Impact Impact Mitigation Impact Incorporation discharge requirements? Discussion: The MSS site operates under compliance with a Stormwater Pollution Prevention Program (SWPPP) on file with the State Water Resources Control Board (SWRCB). The natural drainage pattern for the MSS site traverses in a southwest -northeast trending direction, from San Quentin Ridge, down Area E and through Areas B, C and D. A system of private culverts and open channels drain surface water runoff into public storm drain catch basins located north of Area B, within the Jacoby Street ROW, and north of Area A, within the Andersen Drive ROW. The project proposes bioswale and minor drainage inlet improvements. Slope and erosion control measures have been identified in project plans BH -1 and RV -1. Further, a grading permit shall be required by the Department of Public Works (DPW) for site trenching work required to install new fire lines. DPW shall review and approve erosion control and stormwater pollution prevention measures. This standard review and permit requirement would ensure water quality runoff and erosion and sediment control impacts would be less -than -significant. (Sources: 6, 9,10) b. Substantially deplete groundwater supplies or interfere substantially with grozntdwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the ❑ ❑ Elproduction rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Discussion: Refer to discussion (a) above. The project does not propose the drilling, construction, reconstruction, or installation of water wells for the purpose of using, extracting or drawing water located underground. There are no known existing private wells on or near the project area. The proposed site improvements are limited, primarily, to at -grade construction activities with some minor below ground trenching for the installation of a new, "fire flow" waterline extension, which would have the effect of increasing the amount of impervious surface area slightly since the relocated container storage facility is required to be installed on an all-weather surface (concrete) for access as part of their proposed `alternative means of fire protection'. A majority of the MSS site — approximately 50 acres (nearly all of Area E) or approximately 61% of the 82.14 -acre site — would continue to remain in a natural state. It is not expected that the project's proposed minor site improvements would significantly impact or impede the flow or volume of existing groundwater levels. No further study is necessary. (Sources: 1, 6) c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the coarse of a stream or river, in a manner which would result in ❑ ❑ ❑ EK substantial erosion or siltation on- or off- site? 87 Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation Discussion: Refer to discussions (a) and (b) above. The proposed site improvements would not substantially alter the existing drainage pattern or capacity on the MSS site in a manner that would result in substantial erosion or siltation on- or off-site. Existing private drainage culverts and channels would not be altered and current runoff flows and capacities would continue to occur. Further, enhancement of existing site conditions is proposed with an new drainage inlet at Jacoby Street and bioswales installed on the site, in compliance with City Public Works Department requirements to improve stonmwater water quality conditions. As conditioned, the project would improve existing conditions and have no adverse environmental impacts. No further study is necessary. (Sources: 6, 9,10) d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or ❑ ❑ ® ❑ amount of surface runoff in a manner which would result in flooding on- or off- site? Discussion: Refer to discussions (a) and (b) above. The proposed site improvements would not substantially alter the existing drainage pattern on the MSS site or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site. No further study is necessary. (Sources: 6) e. Create or contribute runoff water which would exceed the capacity of existing or planned storinwater drainage systems or ❑ ❑ ® ❑ provide substantial additional sources of polluted runoff? Discussion: Refer to discussions (a) and (b) above. The proposed site improvements would not create or contribute runoff water which would exceed the capacity of existing storm water drainage systems or provide substantial additional sources of polluted runoff. No further study is necessary. (Sources: 6, 9,10) f Otherwise substantially degrade water quality? ❑ ❑ ® ❑ Discussion: Refer to discussions (a) and (b) above. The proposed additional site work and improvements would be subject to building and grading permit requirements, and would not substantially degrade water quality. Project impacts would be less -than -significant. 88 Potentially Less -Than- Less -Than- No Significant Significant A"ith Significant Impact Impact Mitigation Impact Incorporation (Sources: 6, 9,10) g. Place housing within a 100 year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate ❑ ❑ ❑ Map or otherflood hazard delineation map? Discussion: No housing is proposed as part of the project. No further study is necessary. (Sources: 1, 6,14) h. Place within a 100 year flood hazard area structures which would impede or redirect ❑ ❑ ❑ flood flows? Discussion: This site proposes no new structure, thus would have no new impacts. According to 2009 Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRMs) affecting the MSS site (Panel No. 06041CO459D and 0641C0478D), the northern portion of Area A, along the Andersen Drive frontage, and the eastern portion of Area D (approximately 825') are located in Zone AE with a 1% annual chance of flooding (100 -year flood) with a water surface elevation of 9 feet. The remainder of Area A is located with Zone X with a 0.2% annual chance of flooding. Areas B, C, most of D and E are located outside the 0.2% annual chance of flooding (500 -year flood). The minor site improvements proposed by the project include a new, "fire flow' waterline extension from Andersen Drive through Area D, along the eastern portion of the MSS site. As a condition of approval, Marin Municipal Water District (MMWD) is requiring the installation of an above -grade backflow facility on Area D in conjunction with the installation of the new waterline extension. Negligible grading may be required for the installation of this above -grade backflow facility. The above -grade backflow facility itself is not anticipated to significantly impede or redirect flood flows within those portions of Area D which are currently located within Zone AE (a 100 -year flood hazard area). No new structures, significant property improvements or activities are proposed within designated food zones. No further study is necessary. (Sources: 1, 6,14) i. Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the ❑ ❑ ❑ failzrre of a levee or dam? Discussion: The project does not propose new housing or structures on the MSS site. There is no dam structure on the MSS site or in the vicinity. A levee exists along the San Rafael Bay, approximately 3,000 feet east of Area D (eastern portion of the MSS site), within the Jean and John Starkweather Shoreline Park. Shoreline Park is a privately - (easement protected) and publicly -owned linear open space/multi-use trail. Generally, both the southern and northern sections of the levee have been improved as part of the Shoreline Park; while the middle section of the levee is unimproved and the 165 -acre, privately -owned parcels, are undeveloped. These undeveloped, shoreline parcels (common known as "Canalways") are predominantly low-lying wetlands which are located adjacent to 89 Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incoy poration City -owned parcels and currently help in maintaining flood control for East San Rafael. The project does not propose to modify, alter or remove any portion of this existing levee located within Shoreline Park and along San Rafael Bay. No further study is necessary. (Sources: 1, 6,14) j. Inundation by seiche, tsunami, or mudflow? ❑ ❑ ® El Discussion: See discussions (h) and (i) above. State Department of Conservation maps, using data provided by the United States Geological Survey (USGS), and Association of Bay Area Govermnents maps, using data provided by the California Emergency Management Agency (CalEMA), California Geologic Survey (CGS) and the University of Southern California (USC), both indicate that the MSS site is not susceptible to tsunami inundation. San Francisco Bay Conservation and Development Commission (BCDC) maps, using data provided by the USGS, indicate that global warming may result in a 16" sea rise by 2050 and a 55" sea rise by 2100 along shoreline areas within the San Francisco Bay due to global warming. While these BCDC maps are informational only, they show inundation areas that are similar to FIRM flood zone hazard areas. If current modeling is correct, the northern portion of Area A, along the Andersen Drive frontage, and the eastern portion of Area D (approximately 825'), could be inundated with sea rise flooding by 2050 if global warming trends continue at their existing pace. If current modeling is correct, the remainder of Area A could be inundated with sea rise flooding by 2100 if global warming trends continue at their existing pace. While there is a potential risk of isolated sea rise inundation at the MSS site, it poses a less than significant impact since the project proposes no new housing or structures. No further review is necessary. (Sources: 1, 6,14) X. LAND USE AND PLANNING Would the project: a. Physically divide an established community? E] ❑ El Discussion: The MSS site is comprised of five (5) adjoining parcels (Parcels A through E) located at the end of Jacoby Street, a city -maintained, surface street accessed by Andersen Drive, which terminates directly at the site. Historically, the Jacoby Street right-of-way (ROW) extended through the MSS site. In 1984, the City of San Rafael approved vacation or abandonment of approximately one-half of the public ROW. In 1996, the City of San Rafael approved lot line realignment of the parcels commonly owned by MSS. Four (4) of the parcels (Parcels A through D) are relatively flat and developed with the current MSS operations, providing municipal solid waste collection and recycling and composting services; the fifth parcel (Parcel E) is an undeveloped, densely forested, private open space hillside. The project proposes to create an updated, comprehensive development and operations plan for Parcels A through D on the MSS site. No development or operations are proposed on Parcel E, with the exception of legalizing concrete improvements to existing fire roads. Further, the five separate parcels previously approved for the project use and open space areas would be combined as a single parcel through a lot consolidation, and the work and open space areas would be redesignated as land use `Areas'. 90 Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation The project does not propose any new residential subdivisions, which both the existing General Plan land use designations (Industrial and Conservation) and the zoning classifications (Industrial and Planned Development) prohibits on the MSS site. The project does not propose to have the City re-establish the Jacoby Street ROW through the developed portion of the MSS site. Due to the proposed continuation of the MSS operations within Areas A through D and the lack of significant proposed site improvements, the project would not physically divide an established community. No further study is necessary. (Sources: 1, 2, 6) b. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, E] ❑ F-1 local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Discussion: The proposed project has been reviewed for consistency with the applicable policies of the San Rafael General Plan 2020 and the applicable sections of Title 14 of the San Rafael Municipal Code (the Zoning Ordinance) and it has been determined that it would not conflict with any specific regulation or policy adopted for the purpose of avoiding or mitigating environmental effects. The project proposes to Rezone Parcel A (land use Area A) from Industrial (I) to Planned Development (PD) in order to approve an overall development plan for the entire MSS site and to be consistent with the San Rafael General Plan 2020, which requires PD zoning for development of sites larger than five acres. Further, the rezoning would not change the existing land use of the site, which is designated for Industrial land uses. Solid waste management facilities and related ancillary activities and uses are anticipated in the Industrial land use category, Consistent with General Plan 2020 Land Use Policy 23, Exhibit 11. General Plan 2020 policies have also been implemented by adoption of the San Rafael Zoning Code and San Rafael Design Guidelines, and Climate Change Action Plan. The project has been evaluated and subjected to compliance with all applicable zoning standards and design criteria, which are further incorporated into the revised PD zoning standards that are proposed to be amended for the project. The development remains subject to City of San Rafael Use Permit, Design Review and related entitlement review requirements. The project complies with maximum industrial floor area ratio limits of 0.38 and standard 36 foot height limit, as discussed in the Project Description above. Further, the subject entitlements and future development would be reviewed for compliance the zoning and design criteria, that would assure compliance with City zoning and general plan policies would be achieved. Based on this discussion, it has been determined that the project as proposed remains substantially consistent with the underlying General Plan 2020 Industrial land use designation and all pertinent General Plan 2020 policies that apply to the development, and which have been further implemented in the San Rafael Zoning Code and San Rafael Design Guidelines. No further study is necessary. (Sources: 1, 2, 6,11) c. Conflict with any applicable habitat conservation plan or natural community E conservation plan? 91 Potentially Less -Than- Less -Than- No Significant Significant 6l"ith Significant Impact Impact Mitigation Impact Incorporation Discussion: No active habitat conservation plan or natural community conservation plan applies to the MSS site. No further study is necessary. (Sources: 1) XI. MINERAL RESOURCES Would the project: a. Result in the loss of availability of a Inzotivn mineral resource that would be of value to ❑ ❑ ❑ the region and the residents of the state? Discussion: No known mineral resources would be impacted by the proposed project. Mineral resources on the project site are limited to Franciscan Melange (fsr) geologic assemblage. The project's Cultural Resource evaluation identified a prehistoric site, one of the only Native American quarries known to central Marin County, located along the ridgeline on Area E. Additionally, the former Hutchison Quarry, located immediately south of the San Quentin or Bartel Ridge, within the corporation boundaries for the City of Larkspur, provided quarried rock materials to the adjacent Remillard Brick Kiln for the rebuilding of San Francisco after the 1906 Earthquake. Both the Hutchison Quarry and the Remillard Brickyard have ceased operations and their sites have been redeveloped with commercial and residential uses. The San Rafael Rock Quarry, the only active commercial rock quarry operating in Marin County, is located approximately 2.85 -miles northeast of the MSS site. The project does not propose to interfere with the continued operation of the San Rafael Rock Quarry. The project also does not propose to disturb the recorded quarry site on Area E, which has been damaged or partially destroyed by grading activities at the time the fire roads were paved. No further study is necessary. (Sources: 1) b. Result in the loss of availability of a locally-in:portant mineral resource recovery site delineated on a local general plan, ❑ ❑ ❑ specific plan or other land use plan? Discussion: Please refer to (a) discussion above. The project site is not identified as an important mineral resource recovery site in the San Rafael General Plan 2020 or any other existing land use plan. The closest known mineral resource recovery site is the commercial quarry owned and operated currently by Dutra Properties and located approximately 2.85 -miles northeast of the MSS site. No further study is necessary. (Sources: 1) XII. NOISE Would the project: a. Exposure of persons to or generation of ❑ ❑ ® ❑ 92 Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Inco? poration noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Discussion: The MSS site is surrounded by industrial (PG&E service yard and Golden Gate Transit bus yard) and building material (Golden State Lumber and Rafael -Lumber yards) uses to the north, the public/quasi-public (Central Marin Sanitation Agency Wastewater Treatment Plant) uses to the west, the incorporated boundaries for the City of Larkspur to the south, and the U.S. Highway 101 and SMART (Sonoma Marin Area Rail Transportation) right- of-ways (ROW) to the west. The MSS site is located approximately 400' west of the closest residences within the City of San Rafael boundaries, separated by both the Highway 101 and SMART ROWs. The closest residences to the MSS site are located approximately 200' south of San Quentin Ridge (Area E), in the City of Larkspur. The San Rafael General Plan 2020 has adopted policies to minimize noise impacts from new nonresidential development on neighboring residential and nonresidential uses. Noise Policy N-4 establishes standards of significance or acoustical criteria where new nonresidential uses shall not increase the existing noise levels at the property line of nearby residential uses by more than Ldn 3dB, or create noise impacts that would increase noise levels to more than Ldn 60 dB, whichever is the more restrictive standard. Noise Policy N-4 also establishes standards of significance or acoustical criteria where new nonresidential use shall not increase the existing noise levels at the property line of nearby nonresidential/industrial uses by more than Ldn 5dB, or create noise impacts that would increase noise levels to more than Ldn 70 dB, whichever is the more restrictive standard. The San Rafael Zoning Ordinance (Section 14.16.260) establishes these same thresholds. Similarly, the San Rafael Municipal Code has an adopted Noise Ordinance (Chapter 8.13), which establishes maximum daytime noise limits of 50 dBA for constant noise and 60 dBA for intermittent noise when measured on any neighboring residential property and 70 dBA constant noise and 60 dBA intermittent noise when measured on any neighboring nonresidential/industrial property. Allowable nighttime noise levels (6 p.m. - 7 a.m., Mondays through Fridays, and 6 p.m. - 9 a.m. Saturdays) are 10 dBA lower when measured on any neighboring residential property. The Noise Ordinance provides an exception for temporary construction noise impacts. Construction activities are permitted between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, and 9:00 a.m. and 6:00 p.m. on Saturdays, provided that the noise level at any point outside of the property plane of the MSS site shall not exceed ninety (90) dBA. The noise exception for construction activities is precluded on Sundays and holidays. The project would continue to generate operational noise at appropriate industrial levels. A vast majority of the MSS operations are conducted within enclosed structures or buildings which reduce or mitigate noise volume. These same structures or buildings also help to block or reduce noise volumes for those portions of the MSS operations conducted outside. Area E, the private open space hillside, further provides an on-site, noise reducing natural landform. U.S. Highway 101, located immediately west of the MSS site, and Interstate 580, located north and east of the MSS site, additionally create continuous ambient background noise which serves to mitigate on- site noise volume. Wood chipping is currently happening within MRRC, where the biomass chips are hauled off-site to a biomass facility in the Central Valley. Instead, 40 tons per days of biomass chips will stay on-site, Operation of the biomass conversion facility would result in the use of noise -generating equipment to deliver biomass chips from MRRC. The noise generated from the use of heavy equipment would be similar to noise generated by existing equipment that is currently used for operations. Therefore, because noise generated from biomass haul trucks Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation would be similar to existing noise sources, these activities would not result in substantial increase in noise at sensitive receptors. The proposed biomass conversion facility would be manufactured by Phoenix Energy, which recently installed a similar unit in Merced County (Phoenix Energy 2011). Sound readings were conducted at this existing unit in order to determine the potential noise levels at the project site with project implementation. In addition, manufacturer specifications were obtained for the Caterpillar G3516 TA electrical generation equipment that would be used in conjunction with the unit and would be located on the same pad. When open to the air, the mechanical and exhaust noise from this equipment is estimated to be 81.3 dBA to 91.6 dBA at 50 feet from the engine. However, this equipment would be completely enclosed in a steel container provided by the manufacturer and would include sound attenuators along air intake and air outlet paths. In addition, an exhaust silencer would be installed to further reduce noise levels. With these noise attenuation features in place, sound levels in any direction would not exceed 65 dBA at a distance of approximately 30 feet from the unit. Tile project remains subject to the City's Noise Ordinance at all times, during operational use and construction. The project would not result in significant noise related impacts. (Sources: 1, 2, 6) b. Exposure of persons to or generation of excessive ground borne vibration or ground ❑ ❑ ❑ borne noise levels? Discussion: No excessive, sustained ground borne vibration or ground borne noise levels are expected to result during project operation or construction. The project does not propose pile -driving or drilling construction activity or blasting with explosives. No significant noise impacts are anticipated from trenching required for the installation of a new, "fire flow" waterline extension from Andersen Drive through Area D. No further study is necessary. (Sources: 6) c. A substantial permanent increase in ambient noise levels in the project vicinity above ❑ ❑ ❑ levels existing without the project? Discussion: Please refer to (a) discussion above. The predominant land use in the vicinity of the MSS site is `industrial', where the San Rafael General Plan, the San Rafael Zoning Ordinance and the adopted Noise Ordinance allow for relatively high noise levels (70 dBA constant noise and 60 dBA intermittent noise). The MSS site and immediate vicinity are affected already by relatively high ambient noise levels due to these predominant industrial land uses and to the proximity of both the U.S. Highway 101 and Interstate 580 transportation corridors. The proposed site improvements would not generate a substantial, permanent increase in this ambient noise level given that any new permanently -installed noise -generating mechanical equipment at the biomass conversion facility will be enclosed. No further study is necessary. (Sources: 6) d. A substantial temporary or periodic increase ❑ 94 ❑ ® ❑ Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation in ambient noise levels in the project vicinity above levels existing without the project? Discussion: Please refer to (a) and (c) discussions above. While the current ambient noise levels on the MSS site and in the vicinity are relatively high due to predominant industrial uses and proximity to major transportation corridors (U.S. Highway 101 and Interstate 580), the proposed limited site improvements (removal of excess container storage and minor trenching to install a new, "fire flow" waterline extension from Andersen Drive) would generate a temporarily increase ambient noise level. Impacts from this work would not be anticipated to exceed the industrial noise limits. (Sources: 2, 6) e. For a project located within an air port land use plan or, where such a plan has not been adopted, within two pules of a public airport or public use airport, would the project ❑ ❑ ❑ expose people residing or working in the project area to excessive noise levels? Discussion: The MSS site is not located within an adopted airport land use plan. The MSS site is also not located within two miles of a public airport or public use airport. The nearest public airport or public use airport is the 120 -acre, publicly -owned, Marin County Airport at Gnoss Field (DVO) in Novato, which is located approximately 15 miles north of the MSS site. The Marin County Airport at Gnoss Field is staffed and maintained by the Marin County Department of Public Works Department and currently operates under an Airport Master Plan with published noise abatement procedures in effect. No further study is necessary. (Sources: 1) f For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to ❑ ❑ ❑ excessive noise levels? Discussion: The MSS site is not located in the vicinity of a private airstrip or privately -owned airport facility. The MSS site is located approximately six miles south of the nearest private airstrip; the 120 -acre, San Rafael Airport site located in North San Rafael, which has established voluntary measures to minimize noise exposure impacts from aircraft on surrounding residential neighborhoods. No further study is necessary. (Sources: 1) XIII. POPULATION AND MOUSING Would the project: a. Induce substantial population growth in an ❑ ❑ ' ❑ 95 Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Discussion: The project does not propose any new residential units or businesses that would directly induce substantial population growth. The project also proposes no new, publicly -accessible roads into the MSS site or major, growth -inducing, infrastructure improvements. The project proposes limited improvements for the site, primarily for increased `fire protection'. Specifically, as an alternative to installing fire sprinkler systems at both the existing container storage facility on Arca B and the new, relocated container storage facility on Area C, the project proposes to connect together or `loop' existing private 8" waterline extensions from both Andersen Drive and Jacoby Street on Area A and install four (4) new fire hydrants on Areas B and C to complement the system of eight (8) existing fire hydrants on Area A and B. The project also proposes to install a new, private 8" waterline extension from Andersen Drive through Area D and two (2) new fire hydrants. The project further proposes to legalize concrete improvements made to the existing network of fire roads located on Area E, the private open space area. This system of dirt fire roads have existed on Area E since at least 1942. Between 1997 and 2007, these fire roads were improved by MSS with concrete and curbing in order to provide all-weather access to firewood storage and curing areas within Area E. Access to these improved fire roads within Area E is limited by control gates located down slope on Areas B and C. The existing Master Use Pen -nit (UP96-008) approved one (1) caretaker's unit on either Area B or C. This unit was never constructed and does not currently exist on the MSS facility site. The project though proposes to preserve the option to construct the caretaker's unit on the site. The operational areas are designated Industrial (1) on the designated Conservation. Residential uses are not permitted population or infrastructure. No further study is necessary. (Sources: 1) b. Displace substantial numbers of existing housing, necessitating the construction of ❑ replacement housing elsewhere? Discussion: General Plan 2020 land se map while Area E is . The project would have no impacts on housing, ❑ ❑ The project does not propose to demolish or convert any existing housing units. No housing units currently exist on the MSS facility site. Until 1978, a single-family residence was located on the MSS facility site, on Area E, with an address of `524 Jacoby Street'. At the time it was recorded as part of the survey of historic structures by the City of San Rafael, the condition of the residence was noted as "deteriorated". The building is no longer present; it is not clear when, why and how it was removed. The partial concrete remains of the building's basement floor and wall remain and have been reused to construct a metal storage building along the improved fire road within Area E. A previously approved caretaker's unit was never constructed on the site, though the project proposes to preserve the option to construct the caretaker's unit on either Area B or C. No further study is necessary. Potentially Significant Impact (Sources: 1, 6) c. Displace substantial numbers of people, necessitating the construction of replacement ❑ housing elsewhere? Discussion: Please refer to (b) discussion above. No further study is necessary. (Sources: 1, 6) XIV. PUBLIC SERVICES Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a. Fire protection? Discussion: EN Less -Than - Significant With Mitigation Incoi poration ■❑ EM ❑■ 44 Less -Than - Significant Impact No Impact .1 El The project proposes to integrate and expand the existing "fire flow" waterline delivery and fire hydrant system on the MSS site. Specifically, as an alternative to installing fire sprinkler systems for the expanded container storage uses, the project proposes to extend the private 8" waterline on Area A and install three (3) new fire hydrants in Areas B and C to complement the system of eight (8) existing fire hydrants in Areas A and B. The project also proposes to install a new, private 8" waterline extension through Area D and three (3) new fire hydrants. As a result, all new and existing fire hydrants would be within a maximum 400' fire hose path to any container storage unit. Fire lanes would maintain a minimum 26' width for 20' of either side of each fire hydrant. Both the new and existing fire hydrant waterlines would maintain a minimum assumed fire flow of 1,750 gallons per minute @ 20 PSI (pounds per square inch) as required by the San Rafael Fire Department. New metal vehicle gates, a minimum 20' -wide with "Knox -Box" lockboxes, would provide controlled public access to these two container storage facilities while also providing rapid entry for emergency and fire protection services. The project also proposes to legalize the improvements (i.e., concrete road base and curbing) made to the network of historic fire roads throughout Area E, the private open space area. These improvements would provide all-weather access to large portions of Area E, including San Quentin or Martels Ridge, for emergency and fire protection services, if needed. No new governmental or service -related facilities would need to be constructed to serve fire protection for the project. Fire protection services are currently provided, and would continue to be provided, by the San Rafael Fire Department (SRFD) — Fire Station #4, which is located at 46 Castro Avenue, approximately one-third of a mile north of the MSS site. SRFD-Fire Station #4 is currently staffed by no less than three employees at one time, 24 97 Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation hours per day, and seven days per week, including all holidays. Response time to the site is currently approximately 3 minutes. The proposed additional fire lines and hydrants together with the all-weather improvements made to the network of fire roads within the open space area (aka, Parcel E), and existing fire protection services provided by SRFD- Fire Station #4 would provide improved fire protection to the MSS site without a resulting in a reduction fire protection services to existing structures in the service area of SRFD-Fire Station #4. No further study is necessary (Sources: 1, 6, 7) b. Police protection? Discussion: ❑ ❑ ❑ Police protection services are currently provided, and would continue to be provided, by the San Rafael Police Department (SRPD), which is located at 1400 Fifth Avenue (San Rafael City Hall), approximately 1.95 miles northwest of the MSS site. The entire site is currently located within SRPD "South or Patrol Beat #3 — Zone 41", which extends from U.S. Highway 101 in the west to Interstate Highway 580 in the east and from Bellam Boulevard in the north to Sir Francis Drake Boulevard to the south. SRPD currently limits foot patrols within the Downtown area only and does not have plans presently to provide foot patrols to the MSS site. The SRPD would continue to provide police protection services to the site. In addition, the MSS currently employs private security patrol for the site in the way of employees during hours the approved hours of operation. No further study is necessary. (Sources: 1, 6) c. Schools? Discussion: ❑ ❑ ❑ The MSS site is located in an area served by the San Rafael Unified School District. The nearest public elementary school to the MSS site is Bahia Vista Elementary School, located at 125 Bahia Way approximately 0.75 -mile southwest of the site. The nearest public middle school to the MSS site is James B. Davidson Middle School, located at 280 Woodland Avenue, approximately 1.15 -mile west of the site. The nearest public high school to the MSS site is San Rafael High School, located at 185 Mission Avenue, approximately 1.0 -mile northwest of the site. Since the project proposes no new residences, and both the existing General Plan land use designations (Industrial and Conservation) and the zoning classifications (Industrial and Planned Development) prohibits residential uses on the MSS site, with the exception of a caretaker's unit on Area A, B, C or D, the project would not result in a measurable reduction in the public school system's capability or capacity to provide continued educational services to the families residing in the neighborhoods surrounding the MSS site which attend these public schools. No further study is necessary. (Sources: 1) d. Parks? ❑ ❑ ❑ Discussion: 98 Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation The project would not impact parklands or increase demand for parklands. The nearest public `Community Park' to the MSS site is the 20 -acre Jean and John Starkweather Shoreline Park, located approximately 0.3 -mile east of the site. The nearest public `Neighborhood Park' to the MSS site is the 0.1 -acre Schoen Park, located approximately 0.93 -mile northeast of the site, in the Spinnaker Point residential subdivision. The nearest public `State Park' to the MSS site is the 1,640 -acre China Camp State Park, located approximately 2.15 -miles north of the site. The nearest public `County Park' to the MSS site is the 20 -acre Marin Center grounds, located approximately 3.4 -miles northwest of the site. Together, these parks provide opportunities for outdoor recreational activities for San Rafael residents in the vicinity of the MSS site. Since the project proposes no new residences, and both the existing General Plan land use designations (Industrial and Conservation) and the zoning classifications (Industrial and Planned Development) prohibits residential uses on the MSS site, with the exception of a caretaker's unit on Areas A, B, C or D, the project would result in negligible or no reduction in the public park system's capability or capacity to provide continued recreational amenities and opportunities to families residing in the neighborhoods surrounding the MSS site. No further study is necessary. (Sources: 1) e. Other public facilities? El ❑ El Discussion: The project would not impact any other public facilities nor increase demand on existing facilities. Pickleweed Community Center is the closest community center to the MSS site, located at 50 Canal Street, approximately 0.93 -mile northeast of the site. It provides a meeting space offering a wide variety of educational, athletic and social programs to San Rafael residents. The annex branch of the San Rafael Public Library, also located within the Pickleweed Community Center, provides San Rafael residents with the ability to borrow hundreds of thousands of books and publications. Additionally, the Sonoma -Marin Area Rail Transit (SMART) District has constructed and maintains a public non - motorized transportation pathway within its railroad right-of-way corridor, located immediately west of the MSS site. This pathway is currently a little over one mile in length, connecting pedestrians and bicyclists between the cities of Larkspur and San Rafael, through the 1,100 -foot Cal Park Hill or Schutzen Hill Tunnel. When fully completed, the SMART "North-South Greenway" is anticipated to provide both a passenger rail and non - motorized transportation opportunities along a 71 -mile corridor between Larkspur Landing and the City of Cloverdale, linking Marin and Sonoma Counties. Since the project proposes no new residences, and both the existing General Plan land use designations (Industrial and Conservation) and the zoning classifications (Industrial and Planned Development) prohibits residential uses on the MSS site, with the exception of a caretaker's unit on Areas A, B, C or D, the project would result in negligible or no reduction in these other public facilities to provide continued amenities and opportunities to families residing in the neighborhoods surrounding the MSS site. No further study is necessary. (Sources: 1) XV. RECREATION Would the project: a. Increase the use of existing neighborhood and regional parks or other recreational E ❑ facilities such that substantial physical deterioration of the facility would occur or 99 Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation be accelerated? Discussion: As noted above, existing parks and recreational facilities within the vicinity of the MSS site provide a diverse range of public outdoor and indoor recreational opportunities. Since the project proposes no new residences, and both the existing General Plan land use designations (Industrial and Conservation) and the zoning classifications (Industrial and Planned Development) prohibits residential uses on the MSS site, with the exception of a potential future caretaker's unit on the site, the project would result in negligible or no accelerated physical deterioration of these neighboring recreational facilities, public open space areas and parks. No further study is necessary. (Sources: 1) b. Include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse ❑ ❑ ❑ physical effect on the environment? Discussion: Please refer to (b) discussion above. The project proposes no new construction of recreational facilities or the expansion of existing recreational facilities. The project proposes no new residences that would require the construction of new recreational facilities or the expansion of existing recreational facilities. No further study is necessary. (Sources: 1, 6) XVI. TRANSPORTATION/TRAFFIC Would the project: a. Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all tnodes of transportation including mass transit and non -motorized travel and ❑ relevant component of the circulation system, including but not limited to intersections, streets, highways, and freeways, pedestrian and bicycle paths, and mass transit)? Discussion: ❑ ® ❑ No increase in existing traffic generated by the uses on the GGHBDT and MSS properties would result. However, the project would be required to pay required traffic mitigation fees in order to legalize the additional storage containers placed and to remain on-site (i.e., above the documented 1992 baseline conditions for use including up to 240 public storage containers permitted for the site). These fees would be used to fund traffic improvements anticipated for build -out in the area pursuant to the General Plan 2020. 100 Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation The traffic analysis identified historic traffic generated from the facility prior to intensification of uses including the unpermitted expansion of storage container uses. The traffic generation rates are represented in Table 1 of the traffic report. Based on the Department of Public Works review of the subject traffic report and its review and record of historical use of the property, it has been determined that the project generates up to 234 additional trips above the 1992 baseline existing traffic condition (162 AM and 72PM). This figure includes the traffic generated from all MSS facility operations and the public storage containers placed on the site from 1997 through 2005 (as documented in the source reference 7 appendices). Payment of traffic mitigation fees would be required as a condition of project approval and addresses the impacts from increased traffic by requiring that the project fund its fair share portion of traffic improvements identified for the area, based on General Plan 2020 build -out. Payment of required traffic mitigation fees is sufficient to reduce impacts to a less -than -significant level. Currently, the fee payment would be $4,246 per new vehicle trip, paid at time of permit issues or commencement of operations. This is required as a standard requirement and applied as a condition of approval to zoning entitlements granted for all new development projects within the City of San Rafael. Impacts would be less -than -significant with payment of appropriate traffic mitigation fees required as a condition of approval for the increased traffic generated that has been documented in the traffic report and confirmed as adequate by the Department of Public Works. For projects subject to environmental review, the traffic impact fee is required as a standard mitigation measure. Mitigation Measure: TR -1: Payment of required traffic mitigation fees in the current amount of $4,246 per new vehicle trip, shall be required at time of permit issues or commencement of operations. (Sources: 1, 3, 6, 7, 8) h. Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards ❑ ❑ ❑ estahlished by the county congestion management agency for designated roads or highways? Discussion: See discussion above. No impacts would result. (Sources: 1, 3, 6, 8) c. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in ❑ ❑ ❑ substantial safety risks? Discussion: 101 Potentially Significant Impact The project has no impact on air traffic patterns. (Sources: 1) d Substantially increase hazards date to a design feature (e.g., sharp curves or darggerous intersections) or incompatible ❑ uses (e.g., farm equipment)? Discussion: Less -Than - Significant With Mitigation Incorporation ■❑ Less -Than - Significant Impact //1 No Impact X As proposed and conditioned, the project has been designed to provide safe ingress and egress to facilities, including the public storage containers. (Sources: 2, 6, 7) e. Result in inadequate emergency access? ❑ ❑ ® ❑ Discussion: As proposed and conditioned, adequate emergency vehicle access would be provided within the container storage areas, with minimum 20 foot drive aisles per fire requirements. Impacts would be less -than -significant. (Sources: 6) f. Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise ❑ ❑ ❑ decrease the performance or safety of such facilities? Discussion: The project is not within a designated pedestrian or bicycle plan pathway. Further, the Jacoby Street right of way proposed to be abandoned in not necessary for any public use, and after consolidation of the lots, the property maintains public street frontage and access at Andersen Drive and Jacoby Streets. No impacts would result. (Sources: 1, 3) XVII. UTILITIES AND SERVICE SYSTEMS Would the project: a. Exceed wastewater treatment requirements of the applicable Regional Water Quality ❑ ❑ ❑ Control Board? Discussion: 102 Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation The project area is within the San Rafael Sanitation District (SRSD), which provides sanitary sewer service to the East San Rafael area. Wastewater is transmitted to the Central Marin Sanitation Agency (CMSA) treatment facility, located at 1301 Andersen Drive. The project proposes limited site improvements, which include relocation of an existing container storage facility, a minor adjustment of open space boundaries to legalize existing retaining wall encroachments, and the installation of a new "fire flow" waterline extension and fire hydrants from Andersen Drive through Area D. No new buildings or additional square footage to existing buildings is proposed that would require the hiring of additional employees. The project would not conflict with the existing capacity of wastewater delivery to CMSA or the ability of CSMA to treat the additional wastewater generated by the project given the limited new employees required. No further study is necessary. (Sources: 6, 9) b. Require or result in the construction of new water or wastewater h•eatment facilities or expansion of existing facilities, the ❑ E construction of which could cause significant environmental effects? Discussion: Refer to (a) discussion above. Local water service is currently provided, and would continue to be provided, by the Marin Municipal Water District (MMWD) upon request and compliance with MMWD service requirements and regulations. The existing MMWD infrastructure closest to the project site is an existing 12" water main, located within the Andersen Drive right-of-way (ROW), and an existing 12" water main, located within the Jacoby Street. Existing, private, 8" waterline extensions currently provide domestic and fire protection water service to Areas A and B, the most developed parcels of the MSS site. In lieu of installing fire sprinklers to the existing and relocated container storage facilities on Areas B and C, respectively, the project propose to improve fire protection for the MSS site by installing new and the relocated hydrants, fire lines and fire lanes. New water demand for the MSS site would be minor given the limited new landscaping areas proposed above the existing bulkhead/gabion. No new buildings or additional square footage to existing buildings is proposed that would adversely impact CSMA's continued ability to provide waterwater treatment. No further study is necessary. (Sources: 1, 6) c. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of ❑ ❑ ❑ which could cause significant environmental effects? Discussion: Though no net new development or hardscape is proposed, a drainage study, erosion control plan and bioswale improvement are planned for the site, which would address runoff from existing outdoor work areas, containers and paved fire road improvements. Over 62% of the MSS site is considered `hillside' (average slope of 25% or greater). The natural drainage pattern on the MSS site is south -north trending from the private, undeveloped open space hillside (Area E) to private storm drain catch basins, located within the developed portions of the MSS site (Areas A through D), and into the municipal stormwater drainage system. Recently, a Drainage Study was conducted by MSS, which was reviewed by the City's Department of Public Works (DPW). At the urging of DPW, MSS voluntarily installed private stormwater drainage improvements outside the project review. The 103 Potentially Less -Than- Less -Than- No Significant Significant With Significant bnpact Impact Mitigation Impact Incorporation project proposes no change in the existing drainage pattern on the MSS site and no site grading other than minor trenching required for the installation of the new, "fire flow" waterline extension from Andersen Drive though Area D. The existing, improved drainage pattern on the MSS site would remain unchanged. The project does not propose to increase the amount of impervious surface on the MSS site, though it does propose to legalize existing concrete improvements made to the historic network of fire roads. The proposed site improvements would have negligible or no adverse impact on the existing drainage pattern and volume on the MSS site or the private and public stormwater collector system serving the site and the vicinity. No further study is necessary. (Sources: 6,10) d. Have sufficient water supplies available to serve the project froth existing entitlements and resources, or are new or expanded ❑ ❑ ❑ entitlements needed? Discussion: Refer to (b) discussion above. No impact would result. (Sources: 1) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected ❑ ❑ ❑ demand in addition to the provider's existing commitments? Discussion: Refer to (a) and (b) discussion above. No impacts would result. (Sources: 1) f. Be served by a landfill with sufficient permitted capacity to accommodate the ❑ ❑ ❑ project's solid waste disposal needs? Discussion. Since 1958, solid waste throughout Marin County, including the MSS site, has been transported to Redwood Landfill, located approximately six (6) miles north of the MSS site along U.S. Highway 101. Redwood Landfill is 420 acres in size, of which 222.5 acres is dedicated to waste disposal of non -hazardous materials, while the remainder of the Class III facility is dedicated to providing composting and recycling operations facilities and private open space. Redwood Landfill currently meets or exceeds all federal, state, and local requirements for landfill management and is regulated by the California Regional Water Quality Control Board, Bay Area Air Quality Management District, CalRecycle and the Marin County Environmental Health Services Division. It is permitted to accept 2,130 tons of material daily. MSS is a "waste stream processor" or transfer station, providing solid waste collection and recycling services in which waste that cannot be recycled is transported to Redwood Landfill. It, essentially, operates under the same permitting as Redwood Landfill. The project does not propose 104 Potentially Less -Than- Less -Than- No Significant Significant Jf ith Significant Impact Impact Mitigation Impact Incorporation improvements or operational changes to MSS that would increase solid waste disposal needs. To the contrary, MSS continues to operate an aggressive recycling program, helping the public and the municipalities it serves to decrease waste production with the goal of reaching "zero waste" (Marin County Hazardous and Solid Waste Management Joint Powers Authority or JPA, representing the 11 cities and towns in Marin County and the County of Marin passed a zero waste resolution with a goal of 80% landfill diversion by 2012 and a zero waste goal by 2025). No new buildings, additional square footage to existing buildings or new residences are proposed by the project. The project would not generate a significant amount of additional solid waste due to daily tonnage limits imposed under its operational permits and its aggressive recycling programs. Any additional solid waste generated by the project that is not recycled would continue to be transported to Redwood Landfill and would have negligible or no impact on the capacity of the landfill. No further study is necessary. (Sources: I, 6) g. Comply with federal, state, and local statutes and regulations related to solid waste? ❑ ❑ ❑ Discussion: See (f) discussion above. MSS operates under state permitting authority from the California Integrated Waste Management Board. Additional concurrent permitting provided by the California Water Resources Control Board (Stormwater Pollution Prevention Plan or SWPPP), the California Air Resource Board (Portable Equipment Registration Program), the California Department of Toxic Substances Control (Permanent Household Hazardous Waste Facility; regulated by the Marin County Certified Unified Program Agency or CUPA), and the Marin County Environmental Health Services Department (Solid Waste Facility Permit; Enforcement Agency Notification for Inert Debris Processing Facility and Green Waste Composting). It is expected that MSS would continue to comply all required state and local permitting requirements. No further study is necessary. (Sources: 9) XVIII. MANDATORY FINDINGS OF SIGNIFICANCE Would the project: a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or ❑ ❑ ® ❑ animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California histo7y or prehistory? Discussion: As discussed herein the project proposes no new significant improvements other than trenching for fire lanes, landscaping and stormdrain enhancements. The minor rezoning, lot consolidation and use permit proposal for the MSS master plan amendment would have minimal impacts on wildlife and the environment. Mitigation is 105 Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation proposed to assure any potential impact on pallid bat or bird species as a result of trenching work would be less - than -significant. (Sources: 1, 6, 7, 9,10) b. Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in ❑ ® ❑ ❑ connection with the effects of past projects, the effects of other current projects, and the effects ofprobable fittttre projects)? Discussion: -......_....._...................... See discussion (a) above. The project has the low potential to impact cultural resources and biological resources as a result of minor site grading. These impacts are reduced to a less than significant level through incorporation of mitigation measures BR -1 through BR -3 and CR -1 through CR -5. The project related traffic would affect Andersen Drive wet of the site at its intersections with Jacoby Street, Bellam Blvd, Francisco Blvd and Interstate 580, and east of the site at Sir Francis Drake Blvd. The majority of traffic to and from Marin Sanitary Service occurs along Jacoby Street which is used to access the transfer station and other uses, which is west of the main MSS facility offices at its Andersen Drive entrance and parking lot. The City is processing a request from Marin Airporter to relocate its transfer terminal from the City of Larkspur to property owned by and adjacent to Golden Gate Bridge Highway and Transportation District bus yard at 1011 Andersen Drive, located across the street from the Marin Sanitary Service Andersen Drive frontage. The use would replace an existing unpaved parking and RV/boat storage use and Toyota car sales vehicle storage lot with a new 1,440 square foot modular ticket office building, parking for 3 buses and 336 long term vehicle parking spaces on 3.1 acres. A traffic analysis was prepared for the Marin Airporter use by CSW/ST2 based on counts made on December 18, 2014 (this report may be found in the Marin Airporter project file, ED15-002/UP15-002). The report found that the site generates up to 22 car trips per hour in the AM peak and 12 cars per hour in the PM peak. The transfer station is anticipated to generate up to 9 trips per hour in the AM peak and 9 trips per hour in the PM peak. The Department of Public Works has reviewd and confirmed the traffic analysis for this use as adequate and accurate. Therefore, there would be no increase of AM or PM peak hour trips associated with relocation of the Marin Airporter transfer station to the site at 1011 Andersen Drive, and no additional cumulative impacts would occur at the impacted intersections of Andersen/Bellam, Andersen/Jacoby, Bellam/580, Bellam/E Francisco, orAndersen/Sir Francis- Drake. No cumulatively considerable traffic impacts would result. (Sources: 7, 8, 9,12, 13) c. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or ❑ ❑ ❑ indirectly? Discussion: 106 . I 0 m Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation The proposed minor use, rezoning and lot consolidation for MSS would maintain an existing municipal waste facility and would not have any direct or indirect adverse environmental impacts. (Sources: 6, 7) 107 APPENDIX SOURCE REFERENCES/A.PPENDICES The following is a list of references used in the preparation of this document. Unless attached herein, copies of all reference reports, memorandums and letters are on file with the City of San Rafael Department of Community Development. References to Publications prepared by Federal or State agencies may be found with the agency responsible for providing such information. City of San Rafael General Plan 2020 and Final EIR, City of San Rafael, adopted November 15, 2004, updated January 2015 (online: Ittp //www ci yofsanrafael.or commdev�lannir g top cL-U2020 ) 2. City of San Rafael Municipal Code, City of San Rafael, adopted 1992, amended May 1996 and June 2014) (online: littl2s://www.iiiuiiicode.coi-n/libEM/ca/san rafael/codes/code of ordinances) 3. City of San Rafael Bicycle and Pedestrian Master Plan 2008 Update, adopted January 2014 (online: http //www,,cit ofsanrafael org/puUworks,- rp oj-bpm�u, ) 4. San Rafael Hillside Residential Design Guidelines Manual, adopted October 1991 (online: littp://www.ciiyofsaiirafael.oi-g/coini-ndev-planning-handouts/ ) San Rafael Climate Change Action Plan (online: http•//docs ciiyofsanrafael org/CityMgr/Green/Climate%20Change%2OAction%20Plan%20- %20Final.pdf ); adopted April 20, 2009 by City Council Resolution No. 12725 and Exhibit E amendment (i.e., Greenhouse Gas Reduction Strategy) 6. Project plans (MSS MUPP) submitted January 17, 2014 (dated 06/02/09, with revisions 2015) (Provided to Planning Commission members) (project file) 7. Master Use Permit Amendment (MSS MUPA) application description, operations summary and materials submitted January 17, 2014 (dated March 29, 2010, with revisions 2015) (attached) Traffic Analysis by George W. Nickelson, P.E., dated October 28, 2010 (aka, MUPA Appendix A, attached) 9. Marin Sanitary Service 2012/2013 Annual Report for Storm Water Discharges Associated with Industrial Activities, State of CA Water Resources Control Board (aka, MUPA Appendix C, attached) 10. Drainage Analysis Marin Sanitary Services Property, San Rafael Ca, prepared by Oberkamper & Associates, Civil Engineers, Inc. July 2010 (aka, MUPA Appendix E, attached) 11. Marin Sanitary Service 2013 MUP Parking Calculations (aka, MUPA Appendix F, attached) 12. Archaeological Resource Service, Cultural Resources Evaluation of the Marin Sanitary Service Parcel, April 5, 2010 and Appendices (aka, MUPA Appendix H, attached) 13. Marin Sanitary Service Biological Resources Assessment and Focused Rare Plant Survey: White -Rayed Pentachaeta, prepared by WRA, Inc., dated May 2010 (aka, MUPA Appendix I, attached) 14. Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM), Panel Nos. 06041CO459D and 06041C0478D, May 4, 2009;(online: httl2://www.fema.gov/hazard/map/flood.shtm ) 108 15. Emission Estimate for Master Use Permit Application for MSS, May 27, 2014 and Phoenix Energy Basic Process Description (attached) 16. Greenhouse Gas Reduction Strategy Compliance Checklist, June 14, 2013 for MSS Project (attached) 17. Marin Sanitary Service Anaerobic Digestion Project Description (attached) 18. Emissions Estimate Organics Management AD and BG Treatment for Fuel and Electricity Production, Edgar & Associates, Feb. 9, 2015 (attached) 19. Odor Impact Minimization Plan for MSS Transfer Station 1050 Andersen Drive, CA 94901, Edgar & Associates, February 10 2015 (attached) 20. Solid Waste Facility Permit for Marin Sanitary Service Facility/Permit Number: 21 -AA -0005 (attached) 21. Cornerstone Environmental Group, LLC September 2012 Project 120408 report for SmartFerm Anaerobic Digestion Facility at Agromin's Oxnard Facility (attached) 22. Marin Sanitary Service Climate Action Management Plan: Climate Registry & Avoided Emissions Reporting Calendar Year 2013 March5, 2015 prepared by Edgar & Associates (attached) 109 PROJECT SPONSOR'S INCORPORATION OF MITIGATION MEASURES As the project sponsor or the authorized agent of the project sponsor, I, Fredric C. Divine, Fredric C. Divine Associates, Architects, undersigned, have reviewed the Initial Study for the Master Use Permit Amendment for Marin Sanitary Services and have particularly reviewed all mitigation measures and monitoring programs identified herein. I accept the findings of the Initial Study and mitigation measures and hereby agree to modify the proposed proje applications now on file with the City of San. Rafael to include and incorporate all mitigation measures and m ito hag pr grams set out in this Initial Study. Property Ownei aut sized agent) Date DETERMINATION FOR PROJECT On the basis of this Initial Study and Environmental Checklist I find that the proposed project could have a Potentially Significant Effect on the environment; however, the aforementioned mitigation measures to be performed by the property owner (authorized agent) will reduce the potential environmental impacts to a point where no significant effects on the environment will occur. A Mitigated Negative Declaration will be prepared. J-_ Kraig Tambornini, Senior Planner 0/r� Date REPORT AUTHORS City of San Rafael, Community Development Department: 1. Steve Stafford Associate Planner 2. Kraig Tambornini, Senior Planner 110 PROJECT SPONSOR'S'INC(jRPORATION OF MITIGATION MEASURES As the project sponsor or the authorized agent of the project sponsor, I, Fredric C. Divine, Fredric C. Divine Associates, Architects, undersigned, have reviewed the Initial Study for the Master Use permit Amendment for Marin Sanitary Services and have particularly reviewed all mitigation measures and monitoring programs identified herein. I accept the findings of the Initial Study and mitigation measures and hereby agree to modify the proposed proje applications now on file with the City of Sar! Rafael to include and incorporate all mitigation measures and m ito 'ng pr grams set out in this Initial Study. Property Ownei sot rized agent) Date DETERMINATION FOR PROJECT On the basis of this Initial Study and Environmental Checklist I find that the proposed project could have a Potentially Significant Effect on the environment; however, the aforementioned mitigation measures to be performed by the property owner (authorized agent) will reduce the potential environmental impacts to a point where no significant effects on the environment will occur. A Mitigated Negative Declaration will be prepared. Kig Tambornini, Senior Planner REPORT AUTHORS 5/ // Wte// City of San Rafael, Community Development Department: 1. Steve Stafford Associate Planner 2. Kraig Tambornini, Senior Planner 103