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HomeMy WebLinkAboutCC Resolution 13975 (MSS Master Plan)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 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 2 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 201h of July, 2015, by the following vote, to wit: AYES: Councilmembers: Bushey, Colin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Gamblin Esther C. Beirne, City Clerk 9 Attachment A — MSS Project Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM Marin Sanitary Services Facility Rezone and Use Amendments Project Mitigation Measure Implementation Monitoring Monitoring / Non -Compliance Monitoring Procedure Responsibility Reporting Sanction/Activity Compliance Action & Schedule Record (Name/Date) I. Air Quality Impact AIR1: 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-] would reduce impacts to a less -than -significant level. AIR -1 Mitigation: 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. Condition of Planning Grading permit Issue stop work approval Division issuance and site order/Notice of inspections violation MITIGATION MONITORING AND REPORTING PROGRAM Marin Sanitary Services Facility Rezone and Use Amendments Project Mitigation Measure Implementation Procedure 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. 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. Monitoring Monitoring / Non -Compliance Responsibility Reporting Sanction/Activity Action & Schedule Monitoring Compliance Record (Name/Date) MITIGATION MONITORING AND REPORTING PROGRAM Marin Sanitary Services Facility Rezone and Use Amendments Project Mitigation Measure Implementation Monitoring Monitoring / Non -Compliance Monitoring Procedure Responsibility Reporting Sanction/Activity Compliance Action & Schedule Record (Name/Date) 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. Impact AIR2: MSS is a facility regulated by CalRecycle (e.g. landfill, composting, etc.) and required to have Odor Impact Minimization Plan (GIMP) 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 OIMP includes two major components, a Complaint Response Protocol and an Odor Complaint Reporting Format. 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 AIR -2 Mitigation: The applicant shall develop and comply with an Odor Impact Minimization Plan (GIMP) pursuant Condition of Planning Grading permit Issue stop work Mitigation Measure MITIGATION MONITORING AND REPORTING PROGRAM Marin Sanitary Services Facility Rezone and Use Amendments Project Implementation Procedure to the requirements of the California Code of Regulations, approval 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. (Performance-based mitigation measure) IV. Biological Resources Impact BR1: 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 VA Monitoring Responsibility Division/Marin County Env. Health (Local Enforcement Agency) Monitoring / Reporting Action & Schedule issuance and site inspections Non -Compliance Sanction/Activity order/Notice of violation Monitoring Compliance Record (Name/Date) MITIGATION MONITORING AND REPORTING PROGRAM Marin Sanitary Services Facility Rezone and Use Amendments Project Mitigation Measure Implementation Monitoring Monitoring / Non -Compliance Monitoring Procedure Responsibility Reporting Sanction/Activity Compliance Action & Schedule Record (Name/Date) roosting bats or breeding birds to a less -than -significant level. BR -1 Mitigation: Any tree removal or trimming work shall Condition of Planning Grading permit Issue stop work take place between September I" and October 31", which approval Division issuance and site order/Notice of falls outside the breeding bird window and avoids both the inspections violation 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. BR -2 Mitigation: If brush clearing or ground disturbance is Condition of Planning Grading permit Issue stop work required within the Study Area, these activities shall be approval Division issuance and site order/Notice of conducted outside of the breeding bird season which begins inspections violation February I" and lasts through August 3151.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 Mitigation: In the event that initial ground Condition of Planning Grading permit Issue stop work disturbance, vegetation removal or construction cannot be approval Division issuance and site order/Notice of scheduled outside the breeding bird season (February inspections violation MITIGATION MONITORING AND REPORTING PROGRAM Marin Sanitary Services Facility Rezone and Use Amendments Project Mitigation Measure Implementation Monitoring Monitoring / Non -Compliance Monitoring Procedure Responsibility Reporting Sanction/Activity Compliance Action & Schedule Record (Name/Date) 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 Mitigation: If ground disturbance or tree removal occur during the bat roosting season (November I" 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 Condition of Planning Grading permit Issue stop work approval Division issuance and site order/Notice of inspections violation 9 MITIGATION MONITORING AND REPORTING PROGRAM Marin Sanitary Services Facility Rezone and Use Amendments Project Mitigation Measure Implementation Monitoring Monitoring / Non -Compliance Monitoring Procedure Responsibility Reporting Sanction/Activity Compliance Action & Schedule Record (Name/Date) and exit hole after dusk once the bats have left the roost to forage. V. Cultural Resources Impact CRl: The project proposes minor trenching necessary for the installation of the new "fire flow" waterline from Andersen Drive to Area D. 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 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. CR -1 Mitigation: 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 Condition of approval 10 Planning Division, Building, Public Works Grading permit Issue stop work issuance and site order/Notice of inspections violation MITIGATION MONITORING AND REPORTING PROGRAM Marin Sanitary Services Facility Rezone and Use Amendments Project Mitigation Measure Implementation Monitoring Monitoring / Non -Compliance Monitoring Procedure Responsibility Reporting Sanction/Activity Compliance Action & Schedule Record (Name/Date) 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 Mitigation: To mitigate potential damage to any Condition of Planning recorded cultural resource during grading, excavation or soil approval Division, disturbance activities in the vicinity of any recorded cultural Building, Public resource, archaeological monitoring shall occur, based on the Works 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 II Grading permit Issue stop work issuance and site order/Notice of inspections violation MITIGATION MONITORING AND REPORTING PROGRAM Marin Sanitary Services Facility Rezone and Use Amendments Project Mitigation Measure Implementation Procedure 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 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 12 Monitoring Monitoring / Non -Compliance Responsibility Reporting Sanction/Activity Action & Schedule Monitoring Compliance Record (Name/Date) MITIGATION MONITORING AND REPORTING PROGRAM Marin Sanitary Services Facility Rezone and Use Amendments Project Mitigation Measure Implementation Monitoring Monitoring / Non -Compliance Monitoring Procedure Responsibility Reporting Sanction/Activity Compliance Action & Schedule Record (Name/Date) 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). 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 Mitigation: To mitigate potential damage to any Condition of Planning Grading permit Issue stop work recorded cultural resource during grading, excavation or soil approval Division, issuance and site order/Notice of disturbance activities in the vicinity of any recorded cultural Building, Public inspections violation resource, Native American monitoring shall occur whenever Works 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 13 MITIGATION MONITORING AND REPORTING PROGRAM Marin Sanitary Services Facility Rezone and Use Amendments Project Mitigation Measure Implementation Procedure 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. 4 Monitoring Monitoring / Non -Compliance Responsibility Reporting Sanction/Activity Action & Schedule Monitoring Compliance Record (Name/Date) MITIGATION MONITORING AND REPORTING PROGRAM Marin Sanitary Services Facility Rezone and Use Amendments Project Mitigation Measure Implementation Procedure 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 W Monitoring Monitoring / Non -Compliance Responsibility Reporting Sanction/Activity Action & Schedule Monitoring Compliance Record (Name/Date) MITIGATION MONITORING AND REPORTING PROGRAM Marin Sanitary Services Facility Rezone and Use Amendments Project Mitigation Measure Implementation Procedure 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. 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: 6 Monitoring Monitoring / Non -Compliance Responsibility Reporting Sanction/Activity Action & Schedule Monitoring Compliance Record (Name/Date) MITIGATION MONITORING AND REPORTING PROGRAM Marin Sanitary Services Facility Rezone and Use Amendments Project Mitigation Measure Implementation Procedure 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 NAHC at the completion of all approved earth disturbing activities. Information from the report may be included in the NAHC 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. 17 Monitoring Monitoring / Non -Compliance Responsibility Reporting Sanction/Activity Action & Schedule Monitoring Compliance Record (Name/Date) MITIGATION MONITORING AND REPORTING PROGRAM Marin Sanitary Services Facility Rezone and Use Amendments Project Mitigation Measure Implementation Monitoring Monitoring / Non -Compliance Monitoring Procedure Responsibility Reporting Sanction/Activity Compliance Action & Schedule Record (Name/Date) CR -4 Mitigation: In the absence of specific Condition of Planning Grading permit Issue stop work recommendations made by the archaeological monitoring approval Division, issuance and site order/Notice of consultant, the following general procedures shall be Building, Public inspections violation implemented during the finding of an artifact (i.e., any item Works 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 112 MITIGATION MONITORING AND REPORTING PROGRAM Marin Sanitary Services Facility Rezone and Use Amendments Project Mitigation Measure Implementation Monitoring Monitoring / Non -Compliance Monitoring Procedure Responsibility Reporting Sanction/Activity Compliance Action & Schedule Record (Name/Date) 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. 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. CR -5 Mitigation: 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: 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 Condition of approval Planning Division, Building, Public Works Grading permit Issue stop work issuance and site order/Notice of inspections violation MITIGATION MONITORING AND REPORTING PROGRAM Marin Sanitary Services Facility Rezone and Use Amendments Project Mitigation Measure Implementation Monitoring Monitoring / Non -Compliance Monitoring Procedure Responsibility Reporting Sanction/Activity Compliance Action & Schedule Record (Name/Date) while historical or unique archaeological resource mitigation takes place. 2. 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 20 MITIGATION MONITORING AND REPORTING PROGRAM Marin Sanitary Services Facility Rezone and Use Amendments Project Mitigation Measure Implementation Procedure 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. VIII. Hazards and Hazardous Materials Impact HAZ1: 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. 21 Monitoring Monitoring / Non -Compliance Responsibility Reporting Sanction/Activity Action & Schedule Monitoring Compliance Record (Name/Date) MITIGATION MONITORING AND REPORTING PROGRAM Marin Sanitary Services Facility Rezone and Use Amendments Project Mitigation Measure Implementation Monitoring Monitoring / Non -Compliance Monitoring Procedure Responsibility Reporting Sanction/Activity Compliance Action & Schedule Record (Name/Date) 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 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 hire 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. HAZ-1 Mitigation: 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 Condition of approval 22 Planning Division, Building, Fire Prevention Grading permit Issue stop work issuance and site order/Notice of inspections violation MITIGATION MONITORING AND REPORTING PROGRAM Marin Sanitary Services Facility Rezone and Use Amendments Project Mitigation Measure 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. XVI. Traffic Impact TR1 The project generates up to 234 additional trips above the 1992 baseline existing traffic condition (162 AM and 72PM). The project must pay required traffic mitigation fees in order to legalize the additional storage containers placed and to remain on-site to fund traffic improvements anticipated for build -out in the area pursuant to the General Plan 2020, and avoid a significant cumulative traffic impact. Implementation Monitoring Monitoring / Non -Compliance Monitoring Procedure Responsibility Reporting Sanction/Activity Compliance Action & Schedule Record (Name/Date) TR -1 Mitigation: Payment of required traffic mitigation Condition of fees in the current amount of $4,246 per new vehicle approval trip shall be required at time of permit issues or commencement of operations. W Planning Division, Building, Public Works Grading permit Issue stop work issuance and site order/Notice of inspections violation