HomeMy WebLinkAboutCC Resolution 13143 (Target)RESOLUTION NO. 13143
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING A USE PERMIT
(UP07-018), ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED07-038) AND A
VESTING TENTATIVE MAP (S10-002) TO ALLOW THE CONSTRUCTION OF A
137,511 -SQUARE -FOOT TARGET STORE ON LOT 6 AT THE SHORELINE CENTER,
125 SHORELINE PARKWAY (APN 009-320-45)
The City Council of the City of San Rafael finds and determines that:
WHEREAS, on January 5, 2007, a Pre -Application application for Conceptual Design
Review was filed with the City of San Rafael, Planning Division proposing development of an
approximately 136,071 sq. ft. Target retail store at the San Rafael Shoreline Center and located
at 125 Shoreline Parkway. The initial project proposed the construction of the Target store on an
approximately 14.2 -acre site while reserving approximately 5.28 acres in the front of the
property for future development;
WHEREAS, on February 21, 2007, the Design Review Board completed Conceptual
Review of the project and recommended that the project design be substantially revised to
improve its relationship to the bay and to site conditions; provide wider landscape buffer along
the public Shoreline Park Band; design appropriate exterior lighting; design outdoor seating and
dining areas that are oriented toward the bay; provide better quality of exterior building
materials; distinguish paving materials for walkways; and site trees near the wetlands; and
WHEREAS, on May 11, 2007, planning permit applications were filed with the City of
San Rafael, Planning Division proposing development of an approximately 137,000 -square -foot
Target Store on the 19+ -acre Cal -Pox site at the San Rafael Shoreline Center. The planning
applications included, among others, a request for approval of a Use Permit and an
Environmental and Design Review Permit for development and operation of the Target Store;
and
WHEREAS, following the initial filing of the Target Store planning applications, the
City commenced with environmental review of the project. Consistent with the California
Environmental Quality Act (CEQA) and the CEQA Guidelines and the City of San Rafael
Environmental Assessment Procedures Manual, the appropriate steps were followed to complete
environmental review of the project, which included: a) the publication of a Notice of
Preparation (NOP) in August 2007 for the purpose of scoping the topic areas of study for the
preparation of an Environmental Impact Report; b) the preparation and publication of a Draft
Environmental Impact Report (DEIR) in September 2008, which included a 45 -day public
review process and Planning Commission public hearing for commenting on the DEIR; and c)
the preparation of a Final Environmental Impact Report (FEIR) by responding to all comments
made and submitted on the DEIR. On October 19, 2009, on a 5-0 vote, the San Rafael City
Council adopted Resolution No. 12858 certifying the Target Store FEIR. The certified FEIR
assesses the environmental impacts associated with development and operation of the Target
Store; and
WHEREAS, in early 2009, the project sponsor requested that the planning applications
for the Target Store project be placed `on -hold' due to a depressed economy; and
WHEREAS, in Spring 2010, the planning applications for the project were re -activated
and the project was amended with minor modifications and revisions including the following: 1)
the filing of an accompanying Tentative Map application to divide the 19.42 -acre site into two
parcels, a 15.82 -acre parcel for the proposed Target Store and a 3.6 -acre parcel for the existing
Sonnen BMW storage lot; 2) the creation of a 1.6 -acre landscape easement on the proposed 3.6 -
acre parcel with the Sonnen BMW storage lot occupying the remaining two acres; 3) relocation
of the proposed Target Store building approximately 28 feet northward and 3.7 feet eastward; 4)
the addition of three surface parking spaces establishing a total surface parking count of 553
spaces; and 5) modifications to proposed building specifications for LEED Gold green building
certification. The modifications propose no change to the general site layout of the building,
parking and landscaping, nor is there any change to the building footprint or
architecture. Second, the modifications propose no change to the current operation of the BMW
vehicle storage lot use authorized by City Use Permit UP03-034, which has no term limits. The
BMW vehicle storage lot lease and the proposed landscape easement are structured to run
through year 2033 with extension options every five years. Further, as proposed for amendment
to the PD -1726 District, the project sponsor has agreed to: 1) limit a 3.6 -acre portion of the site
for continuation of vehicle storage and a landscape easement; and 2) require that any future
redevelopment of the site with a permanent use be subject to a separate amendment to the PD -
1726 District (Rezoning) and comprehensive environmental review; and
WHEREAS, the City reviewed the certified FEIR to determine if it adequately assesses
the environmental impacts of the re -activated project. As a result of this review, expanded and
updated information and studies were prepared to address and assess the minor project
modifications, resulting in the preparation of an Addendum EIR (Addendum). Although the
proposed Tentative Map would result in the creation of a new, 3.6 -acre parcel, the City has
determined after thorough investigation that any analysis of the environmental impacts of future
development of this new parcel would be speculative because such development is not
reasonably foreseeable in the near- or mid -future in that: 1) as proposed for amendment, the
Shoreline Center Master Plan designates and approves the new parcel for vehicle storage and
landscape easement use and that any major application for development of this parcel with a
permanent use will necessitate an amendment to the Master Plan; 2) while the terms of the lease
and easement include extension options every five years, the full term of each run through 2033,
which is beyond the San Rafael General Plan 2020 planning forecast period for environmental
review; and 3) the parcel has been used for vehicle storage for over seven years and there is no
indication that either party intends to terminate the lease. Furthermore, even if there was some
indication that the lease may not continue, there is no indication of what use might replace the
vehicle storage lots or what environmental effects would be associated with a new use. By
separate resolution, the City Council has adopted the Addendum; and
WHEREAS, in considering the Use Permit, Environmental and Design Review Permit
and Vesting Tentative Map applications, the City Council has reviewed and considered the
Addendum for the re -activated Target Store project, along with the previously certified FEIR and
all applicable mitigation measures therein. The certified FEIR has concluded that the proposed
project will result in significant and unavoidable, adverse environmental traffic impacts to the
Bellam/Kerner Boulevard intersection due to potential conflicts with Land Use Element Policy
LU -2, Circulation Element Policy C-5, Neighborhood Element Policy NH -59 and Infrastructure
Policy I-2. The City Council has weighed the proposed project benefits against the unavoidable,
adverse environmental effects. By separate resolution, consistent with CEQA Guidelines
Section 15063 and consistent with San Rafael General Plan 2020 Circulation Element Policy C -
5D (Evaluation of Project Merits) and Program C -5c (Exception Review), the City Council has
approved the CEQA Findings of Fact, an exception to the Circulation Element Policy C-5 (Level
of Service), a Statement of Overriding Considerations, which support approval of the proposed
Target Store project and the accompanying planning applications. This separate resolution also
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recommends the approval of a Mitigation Monitoring and Reporting Program (MMRP) to ensure
that required mitigation measures are incorporated into project action; and
WHEREAS, by separate resolution, the City Council has adopted General Plan
Amendment GPA07-004 and adopted an ordinance approving Rezoning application ZC07-002
to amend the PD -1726 District (Shoreline Center Master Plan). Actions on the Use Permit,
Environmental and Design Review Permit and Vesting Tentative Map are dependent upon the
sequential adoption of GPA07-004 and ZC07-002, respectively; and
WHEREAS, on November 9, 2010, the Planning Commission held a duly noticed
public hearing on the proposed Use Permit, Environmental and Design Review Permit and
Vesting Tentative Map applications, accepting all public testimony and the written report of the
Department of Community Development. On a 5-2 vote (Commissioners Kirchmann and
Sonnet dissenting), the Planning Commission adopted Resolution No. 10-21 recommending to
the City Council conditional approval of these applications; and
WHEREAS, on December 6, 2010, the City Council held a duly noticed public hearing
on the proposed Use Permit, Environmental and Design Review Permit and Vesting Tentative
Map applications, accepting all public testimony and the written report of the Department of
Community Development. Following closure of the public hearing, the City Council voted to
continue the matter to December 20, 2010 and directed staff to respond to public testimony; and
WHEREAS, on December 20, 2010, the City Council considered the proposed Use
Permit, Environmental and Design Review Permit and Vesting Tentative Map applications along
with the responses to public testimony. Following closure of the public hearing, the City Council
voted to continue the matter to a date uncertain in order for staff to prepare a Community Impact
Report; and
WHEREAS, a Community Impact Report was prepared consistent with the scope
approved by the City Council on January 3, 2011. The Community Impact Report was published
and made available for review on April 4, 2011. The City Council has accepted this report
through the adoption of a separate resolution; and
WHEREAS, on April 21, 2011, the City Council reviewed and considered the proposed
Use Permit, Environmental and Design Review Permit and Vesting Tentative Map applications;
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 hereby makes the
following findings to support the approval of Use Permit UP07-018 that includes the
recommendation to grant a parking reduction, Environmental and Design Review Permit ED07-
038 and Vesting Tentative Parcel Map S10-002 for the proposed Target Store project:
Findings for Use Permit (UP07-018)
In accordance with the SRMC 14.22.080. Findings, following findings are required for approval
of a use permit:
I . That the proposed Target Store use is in accord with the General Plan, the objectives of the
Zoning Ordinance, and the purposes of the district in which the site is located. Detailed
discussion of the project's consistency with the applicable General Plan policies is provided
in matrix format, entitled "Review of General Plan 2020 Goals and Policies," which is on
file with the Department of Community Development. The discussion demonstrates that the
project is generally consistent with the applicable General Plan Policies, except with the
following three policies:
a. Policy C -S. Traffic Level of Service Standards, in that Final Environmental Impact
Report (FEIR) certified by the City of San Rafael for this project, identifies that the
project would impact the level of service (LOS) at the signalized intersection of Bellam
Blvd and Kerner Blvd, which would operate at unacceptable levels of service under
project conditions.
The FEIR has concluded that this impact is a significant unavoidable impact for which
there is no feasible mitigation. Nevertheless, it is noted that Public Resources Code
section 21082.2(e) provides that statements in an EIR are not determinative of whether a
project may have a significant effect on the environment. Further, the San Rafael
General Plan 2020 includes flexibility in determining project consistency. Specifically,
Policy C-5 includes a subsection (D), which provides that "in order to balance the City's
objectives to provide affordable housing, maintain a vital economy and provide desired
community services with the need to manage traffic congestion, projects that would
exceed the level of service standards set forth above may be approved if the City
Council finds that the benefits of the project to the community outweigh the resulting
traffic impacts." Accordingly, the project's benefits have been evaluated by weighing
the goals and policies of all elements, including, but not limited to: the Land Use
Element, Circulation Element, Housing Element, Conservation Element, and Safety
Element. Due to the project's benefits, the City has found and determined that the
project's benefits outweigh potential impacts. Accordingly, the project is considered
consistent with the San Rafael General Plan 2020.
b. Policy LU -23. Land Use Map and Categories, Exhibit 11: Land Use Categories, in that
although the currently the proposed Target Store project would not be consistent with
the General Plan Exhibit 11, it would be consistent with the requested General Plan
Amendment for amendment to Exhibit 11 to add `region -serving specialty retail uses' to
the current list of uses allowed in Light Industrial/Office districts; and
c. Policy CD -19. Lighting, in that the pole mounted proposed exterior lighting is
unnecessarily bright for safety. As a condition of project approval, the lighting levels
would be required to be lowered.
2. That the proposed use, together with the conditions applicable thereto, will not be
detrimental to the public health, safety or welfare, or materially injurious to properties or
improvements in the vicinity, or to the general welfare of the City in that:
a. A FEIR has been prepared and adopted for the project pursuant to the provisions of the
California Environmental Quality Act (CEQA), which finds that all potentially
significant project impacts related to health and safety can be adequately mitigated to a
less -than -significant level with the implemented mitigation measures outlined in the
approved Mitigation Monitoring and Reporting Program (MMRP) for which compliance
is required by conditions of this approval.
b. Additionally, the project has been reviewed by Community Development Department
and other appropriate City Departments and conditions have been applied to minimize
potential impacts to the public health, safety and welfare.
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3. That the proposed use together with the conditions applicable thereto, would comply with
each of the applicable provisions of the PD District contained in the Zoning Ordinance. The
current zoning (PD -1726) for the property is proposed to be amended to add `region -serving
retail uses' to the list of permitted uses. The project would also comply with other
applicable provisions in the Zoning Ordinance.
As recommended, this Use Permit authorizes the approval of a parking reduction from the
required, 550 off-street parking spaces (one parking space per 250 gross square feet of
building area) to 503 off-street parking spaces (a reduction of 50 parking spaces from the
proposed 553 space count). The parking reduction is reasonable and would not be
detrimental to the health, safety or welfare of store customers, pedestrians or neighboring
properties in that: a) consistent with SRMC Section 14.18.040B, the parking reduction has
been reviewed by and deemed acceptable to the City Traffic Engineer; b) as conditioned, the
majority of the parking reduction would occur on the east side of the building, contiguous to
the bayside landscaping and public Shoreline Park where use and demand would be the
lowest; and c) as conditioned, the reduced parking would be monitored over a five year
period following project occupancy and includes contingency measures (parking reserve) in
the event increased parking is warranted.
Findings for Environmental and Design Review Permit (ED07-038)
In accordance with SRMC 14.25.090. Findings, following findings are required for approval of
an Environmental and Design Review Permit:
That the proposed Target Store design is in accord with the General Plan, the objectives of
the Zoning Ordinance, and the purposes of the district in which the site is located. A detailed
discussion of the project's consistency with the applicable General Plan policies is provided
in matrix format, entitled "Review of General Plan 2020 Goals and Policies," which is on
file with the Community Development Department. The discussion demonstrates that the
project is generally consistent with the applicable General Plan Policies, except with the
following two policies:
a. Policy CD -19. Lighting, in that the pole mounted proposed exterior lighting is
unnecessarily bright for safety. As a condition of project approval, the lighting levels
would be required to be lowered consistent with the lighting levels on the adjoining
Home Depot site; and
b. Policy CD -20. Commercial Signage in that the proposed two building signs are
inconsistent with the maximum allowance of one building elevation sign under the
Shoreline Center PD -1726.
Detailed discussion of the project's consistency with the applicable Zoning criteria is
provided in matrix format in the Shoreline Master Plan, General Plan Consistency Analysis,
which is on file with the Community Development Department. The discussion
demonstrates that the project is generally consistent with the applicable Zoning criteria.
2. The proposed Target Store project is consistent with the PD -1726 District for the property in
that:
a. The PD establishes the allowable uses for this center. In the area of retail sales, PD -1726
allows "retail sales of home improvement goods and supplies; home furnishings and
equipment; and office supplies, equipment and furniture; and other specialty retail uses."
Currently, the list of permitted uses does not include `retail' uses. The applicant has
applied for a zone change to include `region -serving general retail uses' to the existing
list of permitted uses.
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b. The proposed project complies with the PD -1726 development standards regarding
various standards regarding setbacks to the Shoreline Park Band, edge of wetlands and
other setbacks from the property line.
c. PD -1726 requires a minimum of 6 -foot wide landscape island exclusive of curbs at the
end of all parking rows. PD -1726 also requires that trees shall be provided over the
entire parcel at a minimum ratio of 1 tree per 4 parking spaces provided. Lastly, the use
of berms or hedges is encouraged to screen parked cars from the public streets. The
project is generally consistent with these standards for the project site. Although no
berming is currently proposed along the outer edges of the property to screen vehicle
headlights from the Shoreline Park and the wetlands to the rear and westerly side,
berming is being required as a condition of approval.
d. The proposed two building signs are inconsistent with the maximum allowance of one
building elevation sign under the Shoreline Center PD -1726. The project would be
consistent with this criterion with a condition of approval allowing only one sign.
e. The project design is consistent with the Shoreline Center Master Plan Design
Guidelines in that
1) The proposed building is appropriately oriented to the Bay which encourages views
to the Bay;
2) The proposed building design is an attractive, high quality design incorporating
colors and materials which are compatible with the surroundings and which enhance
the Bayfront, and provide surveillance of the Shoreline Band area;
3) The proposed building would not be highly visible from the nearby residential areas
in Spinnaker Point and Bay Point Lagoons as well as pedestrians on the Shoreline
Path since the closest residential areas in the Spinnaker Point are a minimum of
1,600 feet away;
4) All service areas would be screened through use of walls and landscaping adjacent
to the San Rafael Shoreline Park Band and Bay wetlands; and
5) The Design Review Board (DRB) has reviewed the project design and
recommended its approval.
The proposed project complies with the Chapter 14.18 Parking Standards in terms of parking
space dimensions and the number of required parking spaces. However, the project does not
provide berms or hedges to screen the parking lot to headlight height. Further, the project
proposes a total of 145 canopy trees on the entire Target Store property. Although the
ordinance allows for clustering trees within a parking lot, a condition of approval requires
compliance with the requirements for parking lot screening and for the planting of one
canopy tree for every four parking space, which would facilitate a tree canopy for shade and
would reduce reflective heat from pavement areas.
The proposed project complies with the design related criteria of Chapter 14.25
Environmental and Design Review Permits in that:
a. The project does not interrupt major views of San Pablo Bay, wetlands, bay frontage, the
Canal, Mt. Tamalpais and the hills;
b. The site design provides for good vehicular, bicycle and pedestrian circulation and
access;
c. The front and east side elevations of the building have appropriate level of massing and
articulation combined with the types and colors of materials to create interest;
d. The main vehicular and pedestrian access between the street and the building entry is
oriented toward the building entry thereby creating a sense of entry;
e. The DRB has determined that the proposed design provides appropriate variation in
building placement and height;
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f. The proposed landscaping generally conforms. A condition of approval has been added
to require landscape berms;
g. Project architecture with appropriate massing, articulation, building colors and natural
materials in earth tone colors with the red color providing accent to the color palette, is
harmoniously integrated in relation to the architecture in the vicinity in terms of colors
and materials, scale and building design;
h. Concrete paving in front of the building is patterned into rectangles. The main entrance
has an additional curve -pattern; and
i. The pole mounted exterior lighting is unnecessarily bright for safety. A condition of
approval has been added to require lighting levels to be brought down consistent with
the adjoining Home Depot property;
5. The project design would not result in potential adverse environmental impacts as
documented in the certified EIR for this project. A separate resolution adopting the
Addendum EIR has been prepared.
The design of the Target Store project as conditioned below will not be detrimental to the
public health, safety, or welfare, or materially injurious to properties or improvements in the
vicinity of the project site, or to the general welfare of the City of San Rafael in that:
a. The proposed project has been reviewed by appropriate City departments. Conditions of
approval recommended by other departments have been applied to minimize potential
adverse visual, design, and safety impacts to the project site and adjacent properties; and
b. With the requested zoning amendment to add `region -serving retail uses' to the
allowable uses under PD -1726, the proposed project does not indicate a use that would
be prohibited PD -1726.
Findings for Vesting Tentative Map (S10-002)
1. The proposed Tentative Parcel Map including the design or improvement of the proposed
subdivision is in accord with the General Plan as discussed and summarized in Finding 41
for Use Permit UP07-018 and Environmental and Design Review Permit ED07-038, above.
Lots resulting from this land division would be physically suitable for the type, density and
intensity of development that is proposed or planned for these properties in that:
a. The proposed subdivision consists of dividing the property into 15.82 -acre (Parcel 1)
and 3.60 -acre (Parcel 2) parcels/lots, respectively. The 15.82 -acre Parcel l is of
adequate size to accommodate the development of the proposed Target Store with the
required landscaping and parking. The 3.60 -acre Parcel 2 would be suitably sized to
contain the existing, Sonnen BMW vehicle storage lot and landscape easement as
temporary uses. Currently, no development is proposed for Parcel 2, its configuration,
size and access is suitable for commercial use, provided that such use is deemed
consistent with the Shoreline Center Master Plan.
b. Adequate water, sewer and other utility services systems are available to serve the
proposed site. Each of the agencies have reviewed the uses and improvements of the
project and indicated that there is adequate capacity for this development. Currently an
18" diameter Storm water drainage pipe located in Shoreline Parkway serves the area.
The FEIR prepared for the project concludes that the existing 18" diameter storm water
pipe is inadequate, but the stormwater design for the two lots has been revised to
mitigate this impact.
a. Adequate area is provided for the required landscaping improvements through the
provision of a parking lot, landscaping in the front of the property, along Shoreline Park
Band and along north and northwestern wetlands.
b. Any development on this property is subject to Floor Area Ratio (FAR) of 0.21 as
established by the General Plan. The proposed Parcel 1 (Target Store parcel) would have
an FAR of 0.20. The proposed Parcel 2 would contain the currently developed parking
lot and a landscape easement for the Target Store. With no other development proposed
for new Parcel 2, the FAR would not apply to Parcel 2. The General Plan or PD zoning
(PD -1726) for the property does not establish lot coverage requirements for this
property.
c. The project proposes to construct a 137,511 sq. ft. Target Store building and associated
parking and landscaping on proposed Parcel 1. As proposed, the project complies with
the parking standards that require one space for every 250 sq. ft. of retail space. Since no
development is proposed for Parcel 2, no parking is required for this parcel.
3. The design of the subdivision or the proposed improvements is not likely to cause substantial
environmental damage or substantially and avoidably injure fish or wildlife or their habitat
as documented in the certified Addendum EIR for the project in that:
a. The FEIR prepared and certified for this project concludes that the project would impact
the traffic level of service in the area. With the exception of one intersection, the Bellam
Boulevard and Kerner Boulevard intersection, the traffic network and intersections in the
area would operate at acceptable service levels (LOS), with some requiring
improvements. Where appropriate, mitigation measures for transportation
improvements are recommended as conditions of project approval.
b. The signalized intersection of Bellam Blvd and Kerner Blvd would operate at
unacceptable levels of service under project conditions. The FEIR concluded that this
impact is a significant unavoidable impact (for which there is no feasible mitigation).
Nevertheless, the San Rafael General Plan 2020 provides for flexibility in determining
project consistency. Specifically, Policy C -5D states that, "in order to balance the City's
objectives to provide affordable housing, maintain a vital economy and provide desired
community services with the need to manage traffic congestion, projects that would
exceed the level of service standards set forth above may be approved if the City
Council finds that the benefits of the project to the community outweigh the resulting
traffic impacts." Accordingly, the project's benefits have been evaluated by weighing
the goals and policies of all elements, including, but not limited to: the Land Use
Element, Circulation Element, Housing Element, Conservation Element, and Safety
Element. Due to the project's benefits, the City has found and determined that the
project's benefits outweigh potential impacts.
c. The FEIR analyzed potential impacts to biological resources, particularly to the
contiguous Canalways property and baylands, which contain habitat for special status
specified. The FEIR concludes that, with the imposing of specific mitigation measures
and conditions of approval, the project is not anticipated to cause substantial
environmental damage or substantially and avoidably injure fish or wildlife or their
habitat.
4. The design of the subdivision or the type of proposed improvements will not cause serious
health problems in that:
a. The project site is a former landfill that has been capped and closed. The proposed
project will comply with all the appropriate Federal (for flood issues), State (for building
on closed landfills) and local codes for building at this site so that it would not pose a
potential danger to the health, safety and welfare of the residents of the community in
that the proposed improvements would be built in accordance with the latest Building
and Fire codes to ensure the health and safety of residents/occupants;
b. The property has a flood zone designation of X (shaded) which means the property is out
of a flood zone; and
c. The project has been reviewed by appropriate City Departments and outside agencies
and been found to be consistent with their policies.
5. The design of the subdivision or the type of proposed improvements will not conflict with
easements, acquired by the public at large, for access through or use of, property within the
proposed subdivision in that conditions of approval are recommended to require recordation
of easements to address: a) access to the landfill monitoring facilities; b) public parking for
the Shoreline Park; and c) the landscape easement for proposed Parcel 2.
BE IT FURTHER RESOLVED, that the City Council hereby approves Use Permit
UP07-018, Environmental and Design Review Permit ED07-038 and Vesting Tentative Parcel
Map S 10-002 for the Target Store project subject to the following conditions:
Use Permit Conditions of Approval
(UP07-018)
Genera! and On-going
Communitv Development Department, Planning Division
1. Except as modified herein, the Use Permit (UP07-018) authorizes the establishment and
operation of a region -serving specialty retail use (Target Store) on Lot 6 at 125 Shoreline
Parkway (APN: 009-320-45) as shown on the approved plans. The approved use is for
establishment, maintenance and operation of region -serving specialty retail use contained in
a 137,511 square foot retail building for general merchandise sales, ancillary indoor food
service, outdoor seating/dining areas along with associated surface parking and landscaping.
No outdoor storage and/or display of any type are allowed. The operation of the Target Store
use shall be the same as presented in materials submitted by the applicant on August 23,
2010 and stamped approved (except those modified by these conditions of approval). Any
modifications or revisions to the project shall be subject to review and approval of the
Community Development Department, Planning Division. Modifications deemed not minor
by the Community Development Director shall require review and approval by the original
decision-making body, the Planning Commission, if necessary.
2. This Use Permit (UP07-018) shall be valid for the life of the project provided that a building
permit is obtained from the City's Community Development Department and the Target
Store use is in operation within two (2) years of this approval. Failure to obtain a building
permit and initiate the use, or apply for a time extension by the specified date, will result in
expiration of this Use Permit.
Unless addressed as a separate condition of project approval, the project sponsor shall be
responsible for implementing all mitigation measures presented in the Target Store Project
Final Environmental Impact Report (October 2009) and Addendum (October 2010) and the
approved Mitigation Monitoring and Reporting Program (MMRP), which are adopted by
separate resolution and on file with the Department of Community Development. Consistent
with City -adopted development fees, the project sponsor is required to pay a Mitigation
Monitoring Fee, which shall be charged and collected through implementation of the
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MMRP. Further, the City shall be reimbursed for completion of all City Transportation
Engineering services provided during the environmental and project review process.
4. Any and all alcohol sales shall be subject to the State Alcoholic Beverage Control (ABC)
licensing approval.
5. The project sponsor shall be responsible for implementing a trash recycling program, which
shall also include the installation of recycling receptacles for customer use. Trash receptacles
shall be placed within the building and throughout the project site (parking lot, outdoor
sitting/dining area). After construction, metal, animal -proof waste containers that would
prevent attraction of animals, as well as their entry into the container shall be provided. The
site shall be kept clean on a daily basis. All litter including empty boxes shall be picked up
and disposed of appropriately on a daily basis. (MM BIOS)
6. This Use Permit is approved subject to on-going monitoring of on-site landscaping and
parking. This monitoring is required for the first five (5) years following occupancy and
shall be subject to the following requirements and review:
a. Landscaping,. All landscaping, including the landscaping installed on Parcel 2 (Lot 7 -
easement) shall be monitored to ensure successful growth The goal for the on-site
landscape is to achieve visual screening and a 100% survival rate. A licensed landscape
architect shall inspect the landscaping on an annual basis and submit an inspection report
to the Community Development Department (on or around February 1 of each year)
with any and all recommendations for changes or improvements (e.g., replanting,
replacement of plant species/types) should the planted landscaping be in poor health or
care. At the end of the five-year monitoring period, the final report (prepared by a
licensed landscape architect) shall address the success of the five years of planting
growth. If the final monitoring report finds that the 100% survival goal for successful
plant growth has not been achieved, then additional requirements and continued
monitoring shall be required.
b. On-site Parking. The on-site parking plan shall be modified to designate 50 parking
spaces as "future reserve parking" on the final site plan (see ED07-038 conditions for
site plan modification requirements). Of this total, 40 shall be the spaces sited east of
the building and adjacent to the bayside landscaping and the other 10 spaces shall be
identified by the applicant on the final site plan in coordination with the Community
Development Director. The designated future reserve parking areas shall be planted on
an interim basis with landscaping, which shall not include trees. If the applicant
determines that parking demand requires some or all of the reserved parking spaces, the
applicant shall notify the Community Development Director of the request to install
some or all of the future reserve parking spaces. Such request shall be accompanied by
evidence demonstrating the need for some or all of the future reserve parking spaces
reasonably acceptable to the Community Development Director. A report that
demonstrates the parking lot is operating at 75% capacity or more at any time during the
year (including holiday peak) shall be deemed to be sufficient evidence of the need for
the future reserved spaces. The Community Development Director is authorized to
approve the installation of the future reserve parking. The applicant shall include a report
of the parking demand for the prior year in each five year monitoring report.
c. Five-vear Rep_ ort. At the end of the five (5) year monitoring period, the final landscape
and parking monitoring report shall be forwarded to the Planning Commission for
review. Depending upon the results of the final report, the Planning Commission may
impose additional requirements or extend the monitoring period.
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d. Cost Recovery Fee. City staff time required to implement this requirement shall be
subject to the City's cost recovery fee (staff time charged on an hourly basis per
approved fee schedule in-place at the time of review).
Please also see related `final landscaping plan' condition under Environmental and Design
Review Permit (ED07-038) Conditions of Approval.
7. All on-site landscaping and landscaping installed in the public Shoreline Parkway
roundabout shall be maintained in good health through the life of the project. Any dying or
dead landscaping shall be replaced in a timely fashion and all landscaping shall be
maintained in a healthy and thriving condition, free of weeds and debris. Invasive plants
shall regularly be removed from landscaped areas on the project site so that propagates of
invasive plants do not spread into the adjacent marsh (BIO3).
8. All site improvements, including but not limited to the site lighting, hardscape, exterior
building surfaces, signage and paving striping shall be maintained in good, undamaged
condition at all times. Any damaged improvements shall be replaced in a timely manner.
9. The Target Store owner shall properly maintain parking lots and other common paved areas,
by sweeping or other appropriate means, to prevent the majority of litter from washing into
storm drains. Parking lots and paved areas shall be swept once per week. Failure to maintain
this schedule shall result in the issuance of an administrative citation to the store operator.
(MM WQ7)
10. As presented by Target (John Dewes), project sponsor in letters dated November 18, 2010
and April 1, 2011 on file with the City of San Rafael, Target has proposed and the City has
approved specific community and project benefits as part of its use establishment and
operation at this site. As modified by action of the City Council, this Use Permit approves
that Target comply with the following measures to ensure the implementation of the benefits
in term or in perpetuity:
a. Target and the property owner have committed to contribute $250,000.00 to the San
Rafael Public Library Foundation for the purposes of capital improvements- design,
planning and building, - to the Downtown and Pickleweed libraries. This contribution is
to be paid to the Foundation (via the office of the City Manager) over a 10 year period
($25,000.00 per year), commencing at the time of the Target project groundbreaking.
The first $25,000.00 payment shall be made at the time of project groundbreaking. All
subsequent, annual payments shall be made to the Foundation on or around January 1 of
each calendar year.
b. The project sponsor shall pay for the construction of a bus shelter at the Shoreline
Parkway/Kerner Boulevard bus stop. Target shall assure the purchase and installation of
a weather -protected shell with benches. The bus shelter shall be constructed and
completed for use prior to Target Store occupancy (see ED07-038, condition #89).
c. The project sponsor shall promote bike and public transportation usage by: a) providing
a 30% employee discount for bike purchases (one bicycle/employee no more than once
every two years) and bicycle helmet and lock accessories; and b) providing a 30%
employee discount on public transit passes.
d. The project sponsor will manage its delivery and un -loading operation in a way that
large truck and trailer rigs arriving with merchandise shall not use back-up beeping
horns. Trucks shall enter the property and immediately proceed to the loading dock. The
trailer shall be detached from the tractor, enabling the tractor to exit the site and
eliminate the problem of idling on site and adding to air pollution.
e. Target has committed to using any San Rafael Target Store funds that are designated for
community support to benefit the local San Rafael community including its charitable
and non-profit events and organizations. .
f. The Target Store will use its best efforts to employ at least 85 percent of its employees
living from the local, immediate area. For the Target Store, the local hiring will be
implemented by:
1) Committing to a three-week schedule of local newspaper advertisements promoting
the store's job opportunities.
2) Hosting a job fair at Pickleweed Community Center to provide a central location for
jobseekers interested in applying for positions with Target.
3) Working with the Marin Workforce Investment Board as well as organizations
including the Canal Alliance and the Canal Welcome Center to outreach to job
seekers and support with training for job -application skills.
4) Renting vacant commercial space in the neighborhood on a short term basis to use as
a hiring hall and job application center.
5) Utilizing "best case" practices implemented by Mi Pueblo for employee recruitment.
g. Target will install and permanently maintain landscaping and irrigation in the
`roundabout' that is located in the center of the public Shoreline Parkway road terminus.
See ED07-038 conditions of approval for landscape and irrigation requirements.
h. Target will participate in the San Rafael Clean Campaign.
i. Target shall pursue its commitment to meet its goals for environmental sustainability by
implementing the efficient operational, sustainable products, and sustainable living
measures outlined in the above -referenced April 1, 2011 letter.
j. Target has agreed and is committed to procure power for store operation needs that
meets the State of California Renewable Portfolio Standard (20% renewable power in
2010, increasing to 33% by 2021). See ED07-038 condition of approval #88, which
requires that Target provide confirmation of this procurement at the time of building
occupancy.
k. Target has agreed and is committed to implementing a construction apprenticeship
program, which provides construction employment training for Marin -registered
construction trade apprentices (first priority). If there are not enough available Marin
County registered apprentices, apprentices from neighboring counties may be
substituted. See ED07-038 condition of approval #7, which requires that Target submit
written certification confirming the number of local construction trade apprentices hired
pursuant to this agreement.
In the event that Target ceases operation and vacates the premises, any and all future retail
use that occupies this building and site shall be obligated to similar commitments. Should
this occur, an amendment to this Use Permit shall be required to confirm and approve a
continuation of this commitment.
11. All on-site exterior lighting shall be shielded away from adjacent properties and directed on
site. The design and type of lighting fixtures and lighting intensity of any proposed exterior
lighting for the project shall be reviewed and approved by the Community Development
Director prior to installation of the lighting for compliance with all applicable Conditions of
Approval, ordinances, laws and regulations. Lighting fixtures shall be of a decorative design
to be compatible with the adjoining parking lot to the west and shall incorporate energy
saving features. Following the issuance of a certificate of occupancy, all exterior lighting
shall be subject to a 30 -day lighting level review by the Police Department and Planning
Division to ensure consistency with the approved plans and compatibility with the
surrounding area.
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12. This Use Permit approves eight (8) surface parking spaces at the southeast corner of the
parking lot for public use and access to the City of San Rafael Shoreline Park. The spaces
shall be retained for public use in perpetuity (see Vesting Tentative Parcel Map conditions
for required easements) and maintained by the property owner.
13. This Use Permit requires that off-site directional signage (to/from I-580) be installed and
maintained by the project sponsor, in coordination with, and approval by the City Traffic
Engineer. Off-site directional signage is critical to encourage and assist customers to access
the site via I-580 (southeast of the Shoreline Center) so as to minimize traffic direction
toward the Bellam Boulevard area. See ED07-038 condition for signage requirements.
14. Failure to comply with any of the conditions of approval may result in the revocation of the
Use Permit. The San Rafael Planning Division can initiate revocation hearing regarding this
Use Permit (UP07-018) before the Planning Commission to revoke the Use Permit.
Marin Countv Environmental Health Services and Department of Toxic Substances Control
15. The property is subject to specific landfill closure monitoring requirements regulated by
Department of Toxic Substances Control (DTSC) and Marin County Environmental Health
Services (MCEHS). This Use Permit acknowledges that the oversight for this landfill
monitoring is provided by the regulatory agencies. However, to ensure consistency with
City approval of this Use Permit, compliance with the following landfill closure monitoring
conditions is required:
e. Future site development shall comply with Title 27 of the CCR, with regard to landfill
closure compliance regulations. These regulations include requirements for construction
of a liner beneath each structure, and a passive or active venting system. Control of
landfill gas migration through any site improvement shall be evaluated as part of the site
design plans. (MM H1)
f. Current Waste Discharge Reporting Requirements and groundwater and soil gas
sampling from on-site monitoring wells will be required annually at least until 2017.
Post -construction monitoring report regarding current Waste Discharge Reporting
Requirements and groundwater and soil gas sampling from on-site monitoring wells
shall be prepared and submitted to Marin County Health Department, as required. (MM
H4)
g. The project sponsor shall construct and the owner of the Target retail store shall operate
a detection zone (i.e., high permeable layer with vents and sensors) where landfill gas
could accumulate under the asphalt to identify landfill gas emissions. Post construction
monitoring report regarding operation of the detection zone (i.e., high permeable layer
with vents and sensors) where landfill gas could accumulate under the asphalt to identify
landfill gas emissions, shall be submitted to the MCEHS as required. (MM H8)
h. The project sponsor shall submit monitoring reports identifying the effectiveness of the
features designed to protect the store against landfill gas emissions and any remedial
maintenance actions at the site. The monitoring reports shall be prepared for each
monitoring period and submitted to the MCEHS for review. (MM H9)
i. The project sponsor shall complete construction of monitoring devices in detection
zones below building foundations. Each separate area creating subsurface projections
(e.g.: grade beams) shall be monitored. The perimeter of the foundations shall provide
for landfill gas detection, control, and ventilation. The sensors of the monitoring devices
shall be accessible for routine testing, calibration, maintenance, repair, and replacement.
(MM H10)
j. Within one month of project completion, owner of the Target Store shall submit post -
construction monitoring report required by landfill closure permits, for review and
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approval by Marin County Environmental and Health Services (MCEHS), City of San
Rafael Public Works Department and Community Development Department, Planning
Division. (MM H1)
Copies of the annual monitoring reports shall be submitted to the City for record-keeping
and public review.
Public Works Department
16. The Target Store use will contribute traffic to the Main Street and Francisco Boulevard
East/1-580 Westbound Off -Ramp (Intersection #22 in FEIR), which must be monitored for
potential signalization. Per FEIR Mitigation Measure TI, this project is subject to the
preparation and submittal of a traffic study assessing the Main Street and Francisco
Boulevard East/I-580 Westbound Off -Ramp through compliance with the following:
a. Prepare traffic study. Six months following occupancy and full operation of the project,
Main Street and Francisco Boulevard East/I-580 Westbound Off -Ramp (Intersection
#22, referenced in Target Store FEIR) shall be analyzed and modeled to determine the
status of signal warrants with developed project traffic. In the event all required
warrants are met to install the off -ramp signals and associated improvements, Caltrans
approval shall be obtained and the securities posted by the project sponsor shall be used
to fund the installation of improvements.
b. Fair share contribution for proiect impact: Should the post -occupancy traffic study find
that the required warrants are not met to install the off -ramp signals and the needed,
associated improvements; the City shall return/refund the bonds and securities but shall
retain the projected fair share contribution for the project (two percent of the projected
volume) and the deposit for traffic monitoring.
c. Post occuoancv monitoring: The City shall continue monitoring the intersection in
consultation with Caltrans for a period of five years following project occupancy. If
after five years of monitoring the required warrants are not met to initiate signalization,
the fair share contribution shall be returned to the project sponsor. (MM T1)
17. The project sponsor shall monitor the hinge slabs a minimum of once a year for the life of
the store. The store owner shall prepare yearly monitoring reports and submit these reports to
the Building Division and Department of Public Works at the end of each monitoring year,
by December 31. The reports shall identify the condition of the hinge slab, change in
elevation between the store foundation and parking lot, maintenance actions at the site (i.e.
adjustment of hinge slab, grading, etc.), and include photographs documenting the status of
the transition from the store foundation to the parking lot prior to and after any remedial
actions. (MM GS5)
Environmental and Design Review Permit Conditions of Approval
(ED07-038)
General and on going
Communitv Development Department, Planning Division
1. The design of the proposed project shall be the same as presented in materials submitted by
the applicant on August 2, 2010 and approved by the City Council (except those modified by
these conditions of approval). Any modifications or revisions to the project shall be subject
to review and approval of the Community Development Department, Planning Division.
Modifications deemed to be major by the Community Development Director shall require
review and approval by the Planning Commission.
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This Environmental and Design Review Permit (ED07-038) shall be valid for two (2) years
of this approval and shall become null and void if the proposed facility use has not
commenced operation and the required conditions of approval are not implemented and
operational by the above date. Once the conditions of approval have been implemented, the
Design Review Permit approval shall run with the land and shall continue to be valid (for the
use as approved by this permit) whether or not there is a change of ownership of the site or
structure to which it applies. Continued compliance with all conditions of approval shall be
required for the duration of the use.
Unless addressed as a separate condition of project approval, the project sponsor shall be
responsible for implementing all mitigation measures presented in Target Store project Final
Environmental Impact Report (October 2009), Addendum Environmental Impact Report
(October 2010) and the approved Mitigation Monitoring and Reporting Program (MMRP)
adopted by separate resolution and, on file with the Department of Community
Development. Consistent with City -adopted development fees, the project sponsor is
required to pay a Mitigation Monitoring Fee, which shall be charged and collected through
implementation of the MMRP.
4. This project includes the approval of a Vesting Tentative Map (S10-002) to divide the site
into two parcels. In the event the Final Parcel Map is not recorded prior to the issuance of a
building permit, any design related conditions of approval required for Final Parcel Map
recordation shall apply to this ED Permit as well.
PG &E
5. Electric and gas service to this development will be provided in accordance with the
applicable extension rules, copies of which are available by telephoning PG&E's Service
Planning office at the PG&E San Rafael Service Center at (415) 257-3431. PG&E
recommends early contact so that there is adequate time to review and schedule any
necessary work for the development.
6. The cost of any relocation of existing PG&E facilities or conversion of existing overhead
facilities to underground necessitated by this project will be the responsibility of the
requester as explained above.
Economic Development
7. Before and during construction, Target shall implement a construction apprenticeship
program and is required to complete the following:
a. The hiring of local construction workers will include presenting a pre -construction job
fair in partnership with organizations serving the local construction industry such as the
Building Trades Council, Marin Builders Association, the Marin Employment
Connection, and the Marin City Community Development Corporation -Enterprise
Development Program.
b. Target has committed to the hiring of a minimum of five and as many as eighteen local
apprentices enrolled and participating in an apprenticeship program serving the local
employment area. Such apprenticeship program must have received approval from the
CA Department of Apprenticeship Standards. First priority shall be given to apprentices
from Marin County. If there are not enough available Marin County registered
apprentices, apprentices from neighboring counties, including Sonoma County, may be
substituted.
c. Providing certification to the City of San Rafael regarding the number of apprentices
hired pursuant to this agreement.
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Prior to the issuance of Building and/or Grading Permits, whichever occurs first
Community Development Department- Building and Plannina Divisions
8. The project sponsor(s) shall demonstrate to the satisfaction of the Planning Division and
Building Division, that construction activities located within 84 feet of any noise -sensitive
receptors would implement appropriate noise controls to reduce daytime construction noise
levels to meet the 70-dBA daytime speech interference criterion to the extent feasible. Such
controls shall include, but are not limited to, the following:
a. Best available noise control techniques (including mufflers, intake silencers, ducts,
engine enclosures, and acoustically attenuating shields or shrouds) shall be used for all
equipment and trucks in order to minimize construction noise impacts.
b. If impact equipment (e.g., jack hammers, pavement breakers, and rock drills) is used
during project construction, hydraulically or electric -powered equipment shall be used
wherever feasible to avoid the noise associated with compressed -air exhaust from
pneumatically powered tools. However, where use of pneumatically powered tools is
unavoidable, an exhaust muffler on the compressed -air exhaust shall be used.
c. Stationary noise sources shall be located as far from sensitive receptors as feasible. If
they must be located near receptors, adequate muffling (with enclosures where feasible
and appropriate) shall be used to ensure local noise ordinance limits are met to the extent
feasible. Enclosure opening or venting shall face away from sensitive receptors. If any
stationary equipment (e.g., ventilation fans, generators, dewatering pumps) is operated
beyond the time limits specified by the pertinent noise ordinance, this equipment shall
conform to the affected jurisdictions pertinent day and night noise limits to the extent
feasible.
d. Noise -producing construction activities shall be prohibited between the hours of 6:00
p.m. and 7:00 a.m. Monday through Friday unless otherwise approved with appropriate
restrictions by the City of San Rafael Planning Department.
e. Material stockpiles as well as maintenance/equipment staging and parking areas shall be
located as far as feasible from residential receptors.
f. A designated project liaison shall be responsible for responding to noise complaints
during the construction phases. The name and phone number of the liaison shall be
conspicuously posted at construction areas and on all advanced notifications. This
person shall take steps to resolve complaints, including periodic noise monitoring, if
necessary. Results of noise monitoring shall be presented at regular project meetings
with the project contractor, and the liaison shall coordinate with the contractor to modify
any construction activities that generated excessive noise levels to the extent feasible.
(MM N0I1)
9. The project sponsor shall prepare a project Health and Safety Plan (HSP) to be implemented
during project construction. The project sponsor shall submit the HSP to the City
Engineering and Building Divisions as well as the San Rafael Fire Department, Department
of Toxic Substances Control (DTSC) and Marin County Environmental Health Services
(MCEHS) for review and approval. The HSP shall:
a. Stipulate measures to minimize potential risks to workers and the environment;
b. Describe construction safety measures, including appropriate personal protective
equipment and procedures for excavation and other construction activities;
c. Describe emergency response procedures:
ER
d. Designate personnel responsible for implementation of the HSP;
e. Specify measures for worker safety should leachate be discovered during construction
activities such as pile driving, utility trenching, or other construction work; and
f. Include provisions and specifications for signs to be placed on all utility covers and
vaults, warning the hazards of entering confined airspaces.
No utility work shall be allowed on-site, and no construction of building pads shall occur
until the authorizing agencies have reviewed and approved the HSP. If contamination is
discovered, work shall be halted, appropriate regulatory agencies shall be notified, and
remediation of the site shall be conducted in accordance with agency guidance. The HSP
shall specify that waste material and soil generated from initial site development activities
shall be sampled and analyzed for appropriate contaminants to evaluate handling and
disposal options; and that all such materials and soil shall be stored, disposed, and/or, if
applicable, reused in accordance with applicable regulations. (MM H2)
10. The provisions for the maintenance (or reconstruction) of groundwater and soil -gas
monitoring wells/facilities shall be incorporated in developing site improvement plans. The
plans shall be reviewed and approved by MCEHS, Public Works Department, Community
Development Department, Planning Division and Community Development Department,
Building Division. Written proof of approval from all these agencies shall be submitted to
the Planning Division. (MM H4)
11. The project sponsor shall submit parking lot design plans to the Building Division and
Department of Public Works for review and approval. The final design for the parking lot
shall consider the potential for settlement at the site and include measures to limit settlement
in the plans and documents as recommended by the project geotechnical engineer. Such
measures may include a requirement to surcharge the site, use lightweight fill, or
replacement of existing soil with lightweight fill. Paved areas should be sloped and drainage
gradients maintained to carry all surface water off the site. In addition, all pavement shall
conform to the following criteria:
a. All trench backfill, including utility and sprinkler lines, shall be properly placed and
adequately compacted to provide a stable sub -grade.
b. An adequate drainage system shall be provided to prevent surface water or subsurface
seepage from saturating the sub -grade soil.
c. The aggregate base and asphalt concrete materials shall conform to ASTM test
procedures and work shall be performed in accordance with Caltrans Standard
Specifications, latest addition.
d. Other measures that might be used to reduce settlement such as dynamic deep
compaction (DDC) of the waste materials are not considered feasible or practical,
largely due to the impact of the underlying Bay Mud. (MM GS2)
12. The project sponsor shall submit final design plans for review and approval by the Building
Division and Department of Public Works that incorporate a hinge slab and flexible
connections, which would act as a transition from the pile supported structures to the at -
grade components of the project (MM GS4). The design shall also include a plan specifying
a periodic maintenance schedule for the hinge slabs to ensure that the hinge slabs sufficiently
compensate for the predicted progressive change in elevation between the store foundation
and parking lot. The plan shall specify that the project sponsor shall monitor the hinge slabs
a minimum of once a year for the life of the store (MM GS5). Please refer to Use Permit
conditions of approval regarding the slab monitoring reports.
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13. The project sponsor shall prepare and submit a detailed erosion control plan (ECP) and
narrative to the Building Division, City Engineer and Planning for review and approval. The
ECP shall be designed to mitigate erosion and sedimentation impacts during construction.
At a minimum, the ECP and written narrative shall include the following:
a. A proposed schedule of grading activities, monitoring, and infrastructure milestones in
chronological format;
b. Identification of critical areas of high erodibility potential and/or unstable slopes;
c. Contour and spot elevations indicating runoff patterns before and after grading;
d. Identification of erosion control measures on slopes, lots, and streets, based on
recommendations contained in the Erosion and Sediment Control Field Manual
published by the SFBRWQCB, the Association of Bay Area Governments' Manual of
Standards for Erosion and Sediment Control, or equivalent document, as required by the
General Plan 2020 Policy S-19 (Erosion);
e. Soil stabilization techniques (such as short-term biodegradable erosion control blankets
and hydro seeding) to be utilized;
f. The post -construction inspection of all drainage facilities for accumulated sediment, and
the cleaning of these drainage structures of debris and sediment; and
g. The first 3/4—inch of runoff from the first one -inch of rainfall must be treated.
(MM WQ1)
14. The project sponsor shall submit final design plans for a pile foundation extending to the
underlying bedrock, for review and approval by the Building Division and Department of
Public Works. The plans shall incorporate design measures to support the expected structural
and down drag loads from the consolidating Bay Mud. (MM GS1)
15. The project sponsor shall prepare and submit the following information to the specified
agencies for review and approval:
a. To Building Division: The plans and specifications which shall include construction of
a detection zone (i.e., high permeable layer with vents and sensors) where landfill gas
could accumulate under the asphalt to identify landfill gas emissions. (MM H8)
b. To Building Division and Department of Public Works:
I) A maintenance and monitoring plan for treatment of potential landfill gas emissions.
The plan shall specify a periodic monitoring schedule for landfill gas emissions that
would be conducted by an appropriately trained professional and include a
description of maintenance practices that would limit gas emissions through cracks
on the asphalt and joints to concrete structures. In addition, the plan shall specify
that monitoring reports be prepared for each monitoring period and submitted to the
appropriate regulatory agency for review. The reports shall identify the
effectiveness of the features designed to protect the store against landfill gas
emissions and any remedial maintenance actions at the site. (MM H9)
2) Plans and specifications which shall include construction of monitoring devices in
detection zones below building foundations. Each separate area creating subsurface
projections (e.g.: grade beams) shall be monitored. The perimeter of the
foundations shall provide for landfill gas detection, control, and ventilation. The
sensors of the monitoring devices shall be accessible for routine testing, calibration,
maintenance, repair, and replacement. Plans shall also provide measures for routine
maintenance of sensors. (MM H10)
3) Plans and specifications which shall include construction of a vapor barrier which
shall be designed for a continuous final cover incorporating piles (i.e., low
permeability barrier that restricts landfill gas migration) in building foundations to
withstand anticipated foundation movements caused by differential settlement and
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earthquakes. Designs shall provide a discussion of the anticipated foundation
behavior during differential settlement and earthquakes and of the flexibility of the
vapor barrier, including connections to pipes, utilities, and piles. The project
sponsor shall also provide a discussion of anticipated foundation behavior as noted
above. (MM H5 and H11)
4) Plans and specifications which shall include measures for protection of passive vents
and detection systems from rupture by earthquake. The plans shall demonstrate that
vertical pipes traveling through walls are isolated from rigid building elements (i.e.,
double wall pipes). The passive vents and detection systems shall permit periodic
inspections for integrity of the piping systems. Inspection could include video,
pressure, and visual checks. (MM H13)
5) Design of building ventilation systems which shall exceed minimum capacities, and
include positive ventilation for all rooms and enclosed spaces regardless of their
functions, including utility closets. Ventilation shall be triggered by backup gas
sensors within the building ventilation systems. (MM H14)
6) Utility plan which shall demonstrate the utilities have been designed to enter
buildings after surfacing and include a vapor barrier at structure penetration. (MM
H18)
7) Plumbing plans which shall contain details to prevent methane gas from the
underlying landfill from entering the proposed Target Store Plumbing System, the
plans shall include a pump with a check valve and throttle to control downstream
surcharging. (MM H21)
c. To Building Division, Fire Department and MCEHS: The landfill gas -monitoring plan
which shall include provisions requiring post -earthquake inspection of all subsurface
structures and utility conduits and pipes at the site. Utility structures shall also be
monitored for settlement damage and strengthened and repaired as necessary. (MM
H12)
d. To Building Division, Department of Public Works and MCEHS: The plan which shall
demonstrate that migration of landfill gas is prevented. The maintenance plan shall
require the project sponsor to continue to monitor all subsurface monitoring structures at
the project site as required for regulatory closure compliance. (MM H17)
e. To Planning Division, Building Division, Department of Public Works and MCEHS:
The grading plan and SWPPP which shall include provisions for construction of a fence
around surface water drainage discharge points where landfill gas could accidentally be
released. This will prevent potential contact of landfill gas with humans or animals.
(MM H19)
f. To MCEHS: Plans which shall demonstrate that public access to collection points where
passive vents and detection systems could collect condensate, is restricted. Collection
and disposal methods shall be approved by the MCEHS. Passive vents and detection
systems shall also be protected from rupture by operating equipment. Where vents
travel through walls, walls shall be reinforced with steel plating or a similar material. If
vents are not encased they shall be reinforced or protected with steel poles or similar
material. Plans shall also demonstrate that passive vent and detection system emission
locations are separated from all ignition sources. Adequate distance shall provide for
dilution of landfill gas with a minimum of five percent methane down to below five
percent. Passive vents and detection zones shall be constructed with similar materials to
provide a secure seal against landfill gas infiltration at the joints between the horizontal
flexible membrane and vertical pipes. A secondary detection system shall provide
positive pressure to the zone immediately beneath the foundation. Positive pressure will
prevent gas migration into the secondary zone, reducing the potential for gas and
condensate accumulation. (MM H20)
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16. The project sponsor shall secure all required approvals and/or permits from other regulatory
agencies including, but not limited to the Bay Conservation and Development Commission
(BCDC), Regional Water Quality Control Board (RWQCB), Bay Area Air Quality
Management District (BAAQMD), San Francisco Bay Regional Water Quality Control
Board (SFBRWQCB) and Marin County Environmental Health Services (MCEHS).
Communitv Development Department, Planning Division
17. Construction plans submitted for issuance of a building permit shall include a plan sheet,
which lists and incorporates all ED07-038 conditions of approval.
18. The project sponsor shall pay the City -adopted affordable housing in -lieu fee for 3.1
affordable housing units, at the rate of $249,602.00 per affordable unit. The total, required
in -lieu fee payment is $773,766.20 ($249,602 x 3.1 = $773,766.20).
19. The project sponsor shall pay the City -adopted traffic mitigation fee in the amount of
$2,254,626.00. (MM T2)
20. The following project design details and modifications shall be made prior to the issuance of
a building permit:
a. The approved site plan, building floor plan and elevations shall be modified so that there
is a visual connection between the southeast corner of the store building and the outdoor
dining/sitting area. The floor plan shall be modified locating the store food
concession/service area to the southeast corner of the building so that it is immediately
contiguous to the outdoor dining/sitting area. The visual connection shall be
accomplished by introducing large windows to take advantage of the shoreline
orientation and Bay views. The revised design shall be reviewed by the Design Review
Board (DRB) for the sole purpose of confirming that this requirement has been met.
b. Final building materials and colors shall be submitted for the DRB to confirm the
approved colors. Approved colors are as shown on the approved color and material
board on file with the Community Development Department, Planning Division, except
as modified by the conditions of approval. Generally, the approved color palette consists
of tilt -up panel walls with different portions containing cast -ribbed texture panels
painted acorn and stone -house; brick veneer (Pacific Clay `Napa'); cultured stone
(Country Ledgestone `Chardonnay'); main entrance consisting of aluminum and glass
with an aluminum canopy; and a red accent wall located to the east of the main entrance.
The proposed bone white color is not approved and shall be changed to a softer earth
tone color. Any future modification to colors shall be subject to review and approval of
the Planning Division and major modifications may be referred to the Design Review
Board.
21. Contractor Contact Information Posting: The project site shall be posted with the name and
contact number of the lead contractor in a location visible from the public street.
22. Priority Selection Process (PSP) approval for the project shall be secured. In the event the
PSP process is discontinued or no longer implemented by the City, compliance with this
condition shall no longer be required.
23. This approval includes approval of two building signs: logo with TARGET, approximately
10' x 13' 130 sq. ft.; PHARMACY, approx. 2' x 18' = 36 sq. ft. Prior to installation of
these approved signs, a sign permit issued by the Community Development Department,
FM
Planning Division is required. Any additional signage shall require a separate review and a
sign permit.
24. The final building floor plan submitted with building permit application shall include a
locked or secured storage area for storage of employee bicycles.
25. Plans submitted for building permit shall include the location and details for placement of 10
electrical vehicle parking spaces for charging stations. The project sponsor shall be required
to install all electrical connections and infrastructure and vehicle charging units. The
charging areas shall be located close to the building.
26. A final landscape plan shall be submitted to Community Development Department for
review and approval. The revised landscape plan shall address the following:
a. The type of trees planted along the Shoreline Parkway shall be the from the street tree
palette. Northern, eastern and western sides of the landscape easement on Parcel 2
(Shoreline Center Master Plan Parcel 7) shall contain trees consistent with the trees in
the parking lot, so that it is a continuation of the parking lot.
b. Trees in the parking lot shall be planted at the rate of one tree for every four parking
spaces. The project sponsor may use 6 -foot diagonal square tree wells and provide
compact parking spaces around the tree wells.
c. Landscape plans shall use California native plants with upland habitat values for
landscaping all perimeter areas upslope of marsh habitat. The final slope banks for the
landscape setbacks abutting the Shoreline Park (east) and the Canalways site (north)
shall not exceed a grade of 3:1. Since the project site is adjacent to Shoreline Park, the
project landscaping plan shall be compatible with the San Rafael Shoreline Park Master
Plan and the Shoreline Enhancement Plan. Upland vegetation shall be established in
zones that blend with natural plant communities and are compatible with the
Enhancement Plan objectives. A habitat maintenance plan that ensures long-term
protection of the landscaped buffers shall be prepared and submitted for review and
approval prior to the issuance of a building permit. (MM BI03).
d. Interpretive signage shall be installed at the edge of the development adjacent to the
coastal salt marsh to educate visitors and workers about the habitat value of the marsh.
The signage shall be prepared in consultation with a wildlife biologist and shall be
consistent with the design for Interpretive Display Kiosks included in the Shoreline
Enhancement Plan (199 1) and the San Rafael Shoreline Park Master Plan (1989). (MM
BI04).
e. Tall trees planted as project landscaping adjacent to the marsh could serve as perch sites
for raptors that prey on SMHM. For this reason, tall trees shall be excluded from
landscape plans for the north and west sides of the proposed building. (MM BI09).
f. The London Plane trees shall be replaced with a variety not subject to disease.
g. The Poplar trees along Home Depot side shall be replaced with European hornbeam.
h. Fencing (or a wall) shall be installed along the east side of the proposed parking lot
adjacent to the landscape buffer. Fencing material shall be selected based on its ability
to screen the adjacent buffer area from light, noise, and human activity (e.g. if the fence
is chain link, it shall include privacy slats or screening). Fencing shall include
pedestrian / bicyclist points of access to the Shoreline Trail (with exact location and
configuration to be determined by City). On the east side of the buffer, there shall be no
fence so that wildlife movement is uninhibited. Instead, periodic signs or posts with
chains strung through them shall be used as necessary to delineate the property boundary
so that it is clear to users of the Shoreline Park where the park ends. (MM BI011).
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i. The proposed pathway located easterly of the south-eastern corner of the Target Store
building, which connects the parking lot to the Shoreline Path shall be deleted from the
plan.
j. The final landscape plan (and site plan) shall be revised to eliminate 50 parking spaces.
Of this total, 40 parking spaces sited east of the building and adjacent to the bayside
landscaping shall be eliminated, replaced with landscaping and identified as a parking
reserve. See UP07-018 for monitoring conditions related to the parking reserve.
k. The final landscape plans shall also comply with the Marin Municipal Water District
(MMWD) Water Conservation ordinance for water efficient landscape, in effect at the
time the building permit is issued. Written proof of the compliance from the MMWD
shall be submitted to the Community Development Department, Planning Division.
I. The landscape plans shall be submitted to MCEHS for review and approval. Plant
species selected for landscaping shall comply with Title 27, CCR, 21090 (a) (3) (A) (1).
Plans shall be submitted to MCEHS which demonstrate compliance with Title 27, CCR,
21190 — Post Closure Land Use.
m. The plans submitted for building permit issuance shall contain details of a minimum
landscape buffer of 25 feet from the property line and details of a 5 -foot high vegetated
berm along the eastern property line and the northern half of the western property line of
the Target Store parcel. The berm design shall provide adequate screening of vehicle
headlights from the wetlands and the Shoreline Park.
n. The plans shall contain details of a 6 -foot high vinyl clad chain link fence along the
southern edge of the approximately 80 -foot landscape buffer at the rear of the building;
o. The landscape plans submitted for the issuance of a building permit shall contain details
of the first 20 feet of the main driveway access off Shoreline Parkway to have decorative
pavers similar to the Home Depot driveway.
p. The plans submitted for the issuance of a building permit shall contain details of large
decorative bollards in the area of the curved driveway south of the building.
q. The plans submitted for the issuance of a building permit shall include planning and
irrigation specifications for the `roundabout' located in the center median of the public
Shoreline Parkway road terminus. The project sponsor is required to install and
maintain this landscaping and irrigation.
r. The plans submitted of the issuance of a building permit shall include design
specifications for placing 28 secured and covered bicycle parking spaces adjacent to the
store entrance.
The final landscape plan shall be reviewed and approved by Planning Division in
consultation with the landscape architect on the Design Review Board.
27. Plans submitted for issuance of a building permit shall include final lighting plan which shall
identify the parking lot lighting intensity ranging from 1.2 — 6.0 foot candles. On-site
lighting shall be shielded away from adjacent properties and directed on site. The design and
type of lighting fixtures and lighting intensity of any proposed exterior lighting for the
project shall be reviewed and approved by the Community Development Director prior to
installation of the lighting for compliance with all applicable Conditions of Approval,
ordinances, laws and regulations. Lighting fixtures shall be of a decorative design to be
compatible with the adjoining parking lot to the west and shall incorporate energy saving
features. The plans submitted for building permit shall contain a final lighting plan that
incorporates the lighting guidelines specified in the Shoreline Center Master Plan.
Guidelines in the Lighting Master Plan for Development of Shoreline Center shall be
followed in order to ensure that light levels in marsh areas are not increased by development
activities and that lighting within the perimeter areas of the development area should be
22
confined to the project site in order to reduce impacts on sensitive environmental areas.
(MM BI010)
28. Consistent with the FEIR mitigation measure MMBIO 5, a botanical survey of the nearby
salt marsh (Canalways) using CDFG and California Native Plant Society guidelines must be
conducted in July or August to assess the potential presence of Point Reyes bird's -beak, soft
bird's -beak, and Marin knotweed. A survey was conducted in July 2010 and included in the
EIR Addendum (Appendix E), finding that these species were not present. This survey is
valid for two years. In the event a grading and or building permit is not issued prior to July
2012, an updated survey shall be required and submitted. (MM BI05)
29. To avoid impacts to nesting birds, clearing of vegetation and the initiation of construction
shall be done in the non -breeding season between September and January. If these activities
cannot be done in the non -breeding season, a qualified biologist shall perform pre -
construction bird surveys within 30 days of the onset of construction or clearing of
vegetation. If nesting birds are discovered in the vicinity of planned development, it would
likely be necessary to establish buffer areas around the nest until the nest is vacated. The
size of the buffer shall be dependent on the particular species of nesting bird and determined
by a qualified biologist. (MM BI06)
30. Although it is unlikely that the salt marsh harvest mouse (SMHM) would leave its preferred
marsh habitat and cross the upland buffer area and gravel road into the project site during
construction, as an added precaution a temporary exclusion fence shall be installed at the
edge of the project site, or at the edge of the work area, in those places where the work area
is adjacent to neighboring salt marsh habitat. The fence shall include a 300 -foot long
construction fence along the western project site boundary from the northeastern corner of
the Home Deport property to the south. The installed fence/s shall be maintained through all
phases of project construction. It may be possible to satisfy City requirements for erosion
control measures with the same fence, as long as it is maintained in good condition,
inspected at least weekly, and gaps or holes are repaired immediately upon discovery. As a
precautionary measure, prior to initiation of grading or any other ground disturbing
activities, a preconstruction survey for SMHM shall be conducted by a qualified biologist, to
be paid for by the project sponsor. (MM BI07 and MM ADBI01)
31. To ensure adequate circulation, parking, and access for emergency vehicles in the
neighborhood, the applicant shall submit a construction management plan to the Planning
Division for approval before Building Permit submittal. The plan shall identify that all
activities, including but not limited to loading/unloading, storage, employee parking, related
to the construction shall be located on-site. The plan shall also specify the methods and
locations of employee parking, material drop-off, storage of materials, storage of debris and
method of its disposal, size limits on delivery vehicles, construction days and hours, and
appropriate safety personnel.
32. A detailed roof plan shall be submitted. 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.
33. All outstanding Planning Division application processing fees shall be paid.
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Communitv Development Department. Buildiniz Division
34. The design and construction of all site alterations shall comply with the 2010 California
Building Code, 2010 Plumbing Code, 2010 Electrical Code, 2010 California Mechanical
Code, 2010 California Fire Code, and 2008 Title 24 California Energy Efficiency Standards.
35. School fees will be required for the project. Commercial space is computed at $0.33 per
square foot of new building area. Fee calculations are completed by the San Rafael City
School District and such fees are paid directly to them prior to issuance of the building
permit. Proof of fee payment must be submitted with an application for a building permit.
36. A building permit application shall be accompanied by three (3) complete sets of
construction drawings to include: (larger projects require 4 sets of construction drawings)
a. Architectural plans
b. Structural plans
c. Electrical plans
d. Plumbing plans
e. Mechanical plans
f. Fire sprinkler plans (Deferred Submittal to the Fire Prevention Bureau)
g. Site/civil plans (clearly identifying grade plan and height of the building)
h. Structural Calculations
i. Truss Calculations
j. Soils reports
k. Title -24 energy documentation
37. The project sponsor shall prepare and submit a construction management plan to implement
the following Bay Area Air Quality Management District (BAAQMD) dust control measures
during project construction:
a. Water all active construction areas at least twice daily
b. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to
maintain at least two feet of freeboard
c. Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved
access roads, parking areas and staging areas at construction sites
d. Sweep daily (with water sweepers) all paved access roads, parking areas and staging
areas at construction sites
e. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent
public streets
f. Hydro -seed or apply (non-toxic) soil stabilizers to inactive construction areas
(previously graded areas inactive for ten days or more)
g. Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles
(dirt, sand, etc.)
h. Limit traffic speeds on unpaved roads up to 15 mph
i. Install sandbags or other erosion control measures to prevent silt runoff to public
roadways
j. Replant vegetation in disturbed areas as quickly as possible
k. Install wheel washers for all exiting trucks, or wash off the tires or tracks of all trucks
and equipment leaving the site
1. Install wind breaks, or plant trees/vegetative wind breaks at windward side(s) of
construction areas
m. Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25
mph
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n. Limit the area subject to excavation, grading and other construction activity at any one
time. (a -n: MM AQ1)
o. Explicit guidance measures shall be included on plans submitted for a grading permit
and contract documents for the application of water to grading and construction sites to
reduce and control dust. Reclaimed water shall be used during construction if available
from the Central Marin Sanitation Agency or the Las Gallinas Treatment Plant. (MM
BI01)
38. A final grading plan shall be prepared and submitted to include the following specifications:
a. Prior to general site grading, the site shall be cleared of all existing vegetation, stockpiles
and debris.
b. Following the clearing and grubbing activities, the exposed sub -grade shall be scarified
to a depth of eight inches.
c. Any near surface structures or utilities uncovered by this process shall be removed.
d. Scarified areas shall be moisture conditioned to at least two percent over optimum, and
re -compacted to the recommendations of the project Geotechnical Engineer. Moisture
conditioning and re -compaction of the sub -grade soils shall extend to a minimum of five
feet beyond building limits and two feet beyond pavements and flatwork. Soft areas, if
encountered, shall require over excavation and backfilling with compacted fills.
e. Fills shall be limited to those necessary to establish adequate slopes for drainage and
landscaping. If fills greater than one or two feet are planned over large areas of the site,
the project Geotechnical Engineer shall be contacted to review the settlement estimates.
f. Imported soils shall consist of select non -expansive engineered fill. This material shall
be free of organic material and meet a 15 or less Plasticity Index, a 35 or less Liquid
Limit and between 8 percent and 40 percent Passing #200. (MM GS3)
39. This project is proposed and is approved to be designed for achieving LEED Gold green
building certification. Based on building square footage, the structure will need to achieve
either a minimum 26 or 33 points LEED certification for new construction. The construction
drawings submitted with a building permit shall include details and specifications
demonstrating that the design complies with the City of San Rafael Green Building
Ordinance (Ordinance 1879, adopted February 1, 2010). The proposed roof -top photovoltaic
solar panels are approved and required to achieve the LEED Gold status.
40. The occupancy classification (in mixed occupancies -each portion of the building shall be
individually classified), construction type and square footage of each building shall be
specified on the plans.
41. The occupancy classification, construction type and square footage of the building shall be
specified on the plans in addition to justification calculations for the allowable area of the
building. Site/civil plans prepared by a California licensed surveyor or engineer clearly
showing topography, identifying grade plan and height of the building.
42. The construction drawings shall include an exiting plan that meets an occupant load calculation
per CBC Table 1004.1.1. The maximum exit access distance is 250 feet per CBC 1016.1.
43. A building permit is required for all fencing that exceeds 6' in height.
44. A portion of the subject property is located in an X (500 -year) flood zone, which is identified
as an area of special flood hazard. All new construction and in some cases, existing
improvements, are to be designed to ensure that the potential for flooding is minimized.
25
This may involve grading to elevate the building pad or raise the existing -designed building
components to a level above the highest flood level.
No new construction, or substantial improvements of a structure which would require a
building permit, pursuant to the applicable provisions of the California Building Code as
adopted, shall take place in an area of special flood hazard without frill compliance with the
applicable flood control requirements.
Prior to submittal of plans to the Building Division for plan review, the applicant shall
determine where the actual flood fringe boundary lines occur on the property. The lines
shall be incorporated onto a site/topographical plan which shall be included as part of the
required plan information noted above.
45. A detailed soils report prepared by a licensed engineer to address procedures for grading,
earth movement, remediation and import shall be submitted. In particular the report shall
address the import and placement and compaction of soils at future building pad locations
and should be based on an assumed foundation design. This information shall be provided
to Building Division and Department of Public Works for review and comments prior to any
such activities taking place.
46. A monument -type address sign shall be located at the driveway entrance. The property
address numbers shall be posted prominently on the monument sign.
47. The Target Store building shall be provided with sanitary facilities per CPC Sec 412 and
Table 4-1 (including provisions for persons with disabilities). Separate facilities shall be
required for each sex.
48. The project shall be designed to provide access to the physically disabled in accordance
with the requirements of Title -24, California Code of Regulations. Improvements shall be
made, but are not limited to, the following accessible features:
a. Path of travel from public transportation point of arrival
b. Routes of travel between buildings
c. Accessible parking
d. Ramps
e. Primary entrances
f. Sanitary facilities (restrooms)
g. Drinking fountains & Public telephones (when provided)
h. Accessible features per specific occupancy requirements
i. Accessible special features, e.g., ATM's point of sale machines, etc.
j. Pedestrian pathway to public Shoreline Park at terminus of Shoreline Parkway
49. The site development of features such as common sidewalks, parking areas, stairs, ramps,
common facilities, etc. are subject to compliance with the accessibility standards contained
in Title -24, California Code of Regulations. Pedestrian access provisions must provide a
minimum 48" wide unobstructed paved surface to and along all accessible routes. Features
such as signs, meter pedestals, light standards, trash receptacles, etc., shall not encroach on
this 4' minimum width. Sidewalk slopes and side slopes shall not exceed published
minimums per California Title 24, Part 2. The civil, grading and landscape plans shall
address these requirements to the extent possible.
26
50. Public accommodation disabled parking spaces shall be provided in accordance with the
following table and must be uniformly distributed throughout the site.
Total Number of Parking Spaces Minimum Required Number of H/C
Provided Spaces
501 to 1,000 Two percent of total
At least one disabled parking space must be van accessible; 9 feet wide parking space and 8
feet wide off- load area. Additionally, one in every eight required handicap spaces must be
van accessible.
51. In -ground grease separator(s) are required outside the building perimeter to filter waste
water from the food court and outdoor dining area.
Fire Prevention
52. A fire apparatus access plan shall be prepared and submitted with a building permit
application. Fire apparatus plan shall show the location the following:
a. Designated fire apparatus access roads.
b. Red curbs and no parking fire lane signs.
c. On-site fire hydrants.
d. Fire Department Connection (FDC).
e. Double detector check valve.
f. Street address sign.
g. Recessed Knox Box
h. Fire Alarm annunciator panel.
i. NFPA 704 placards.
j. Note the designated fire apparatus access roads and fire hydrant shall be installed and
approved by the Fire Prevention Bureau prior construction of the building.
The plan shall be accompanied by a completed Fire Prevention Bureau Fire Apparatus
Access Road and Fire Hydrant Worksheet.
53. The building/property address shall be located on the building elevation. The address
identification must be placed in a position that is plainly legible and visible from the street or
road fronting the property consistent with Fire Prevention Bureau Premises Identification
Standard 09-1001, Table 1.
54. A Knox Box is required at the primary point of first response to the building and shall be
shown on the constriction drawings. A recessed mounted Knox Box # 3275 Series is
required and shall be clearly visible upon approach to the main entrance from the fire lane.
The Knox Box must be installed from 72" to 78" above finish grade.
55. Five, on-site fire hydrants are required for this project. The fire hydrants shall be a wet barrel
Clow model 960. The locations of the five fire hydrants are to be determined by the plan
reviewer. Contact Fire Inspector David Heida 415-458-5004 to discuss the final hydrant plan
and placement.
56. Where a fire hydrant is located on a fire apparatus access road, the minimum width of the
road shall be 26 -feet. The 26 -feet width is required to remain clear and unobstructed for at
least 20 -feet of roadway on each side of the fire hydrant.
a
57. The construction plans shall include a written note stating that a complete fire alarm system
will be installed throughout the building as part of this construction project per CFC section
907.
58. The construction plans shall include a written note stating that a complete automatic fire
sprinkler system will be installed throughout the building as part of this construction project
per CFC section 903.
59. The construction plans shall include a written note stating that an automatic fire -
extinguishing system is required in each Type 1 kitchen hood, if one is proposed for the food
court area.
60. The construction plans shall include the following written note:
Deferred Submittals for the following fire protection systems shall be submitted to the Fire
Prevention Bureau for approval and permitting prior to installation of the systems:
a. Private Fire Service Main.
b. Automatic Fire Sprinkler System.
c. Fire Alarm System.
d. Kitchen Hood Automatic Fire -Extinguishing System.
61. Fire lanes must be designated on the construction plans and shall be specified on the
construction plans to be painted red with contrasting white lettering stating "No Parking Fire
Lane". A sign shall be posted in accordance with the CFC Section 503.3.
62. Hazardous Materials Placard shall be installed in accordance with NFPA 704.
63. Provide a Hazardous Materials Management Plan to be submitted to Marin County
Department of Public Works, CUPA .
64. Storage height in excess of 12 feet may require a "High Pile Storage" permit. A complete
storage array as specified in CFC Chapter 23 and NFPA 13 shall be submitted to the Fire
Prevention Bureau for review and approval.
Public Works Department
65. A site grading plan shall be prepared to comply with NPDES General Construction
Activities Storm Water Permit Requirements established by the Clean Water Act (CWA),
including the preparation of a Storm Water Pollution Prevention Plan (SWPPP). The SWPPP
shall be submitted to Building Division, Planning Division, Department of Public Works and
RWQCB for review and approval and shall identify specific types and sources of storm
water pollutants, determine the location and nature of potential impacts, and specify
appropriate control measures to eliminate any potentially significant impacts on receiving
water quality from storm water runoff. In addition to complying with the standards
established by the CWA for preparation of a SWPPP, the SWPPP shall also comply with the
directions for preparing a SWPPP contained in the latest edition of the Guidelines for
Construction Projects, published by the SFBRWQCB. Furthermore, in conjunction with the
Marin County Storm water Pollution Prevention Program (MCSTPPP), and as required by
the General Plan 2020 Policy S-21 (RWQCB Requirements), the project sponsor shall
consult with City staff and implement recommended measures that would reduce pollutants
in storm water discharges from the site to the maximum extent practicable. In conjunction
with the plan preparation of the grading plan, a draft copy of the Notice of Intent (NOI) and
SWPPP shall be submitted for review. After approval by the City, the NOI and SWPPP
28
shall be sent to the State Water Resources Control Board. (The SWPPP follows the
preparation of the project site grading plan because Best Management Practices (BMPs) for
erosion control are selected to meet the specific site requirements.) (MM WQ2) and (MM
WQ3)
66. The project engineer shall incorporate into the final site plan the features that would clean
site waters in accordance with RWQCB and Marin County Stormwater Pollution Prevention
Program (MCSTOPPP) standards before they enter San Rafael Bay. Also see Environmental
and Design Review Permit (ED07-038) condition of approval regarding landscape plan for
specific design measures. Features can include, but be not limited to Continuous Deflective
Separation (CDS) filters inserted into the site drainage inlets to filter runoff (as proposed) to
clean and filter site waters before release into San Rafael Bay. In conjunction with the clean
site waters plan, the project sponsor shall prepare and submit maintenance and monitoring
plan to ensure that features to clean site waters function as designed. The plan shall describe
an on-going maintenance and monitoring program and specify that the project sponsor shall
monitor the features to clean site waters a minimum of once a year. The project sponsor shall
prepare yearly monitoring reports and submit these reports to the Department of Public
Works at the end of each monitoring year. The reports shall identify the effectiveness of the
features designed to clean site waters and maintenance actions at the site. The project
sponsor shall implement remedial measures should the success criteria not be achieved in
any of the monitoring years. (MM WQ4)
67. FEIR Mitigation Measure WQ5 sets forth standards and specifications for the use of grassy
swales to filter storm water runoff. Given the unique landfill conditions of the site (need to
direct runoff into a closed storm water drainage system), the use of grassy swales is
prohibited. (MM WQ5)
68. Where Continuous Deflective Separation (CDS), such as Vortechnics Strom Water
Treatment Units are used to filter pollutants from runoff, they shall be designed to provide
efficient pollutant removal in accordance with the standards of the RWQCB and MCSTPPP.
In addition, the project sponsor shall submit a design plan, construction details, and a
maintenance/inspection program for the proposed CDS system to the City Engineer,
MCSTOPP and RWQCB for review. The design plans shall be approved by the City
Engineer prior to issuance of a grading or building permit, whichever occurs first.
Additionally, the maintenance/inspection program shall include a maintenance/inspection
schedule, as well as outlining a long-term funding mechanism forthe program. (MM WQ6)
69. All parking stalls shall meet the City's minimum parking dimension requirements.
70. High-density polyethylene (HDPE) pipes and Marin County standard manholes (Type A) are
required in the public right-of-way and shall be specified on the construction plans.
71. A detailed, storm water drainage plan shall be submitted with the construction drawings. The
storm water drainage plans will also show existing storm drainage system plus all
connections and calculations. As proposed, all storm water runoff from the Target site parcel
shall be collected in a closed system and directed to the City -owned drainage pond located
north of the site. Runoff from Parcel 2 (Shoreline Center Master Plan Parcel 7) shall be
directed to the 18 -inch storm drain line in Shoreline Parkway which has limited storm water
storage capacity. The storm water drainage plan shall be reviewed and approved by the
Department of Public Works. (MM WQ8) All on-site runoff storm water shall be treated
prior to entering the City facilities. See Marin County Storm water Pollution Prevention
IJ,
Program (MCSTOPPP) www./mcstODDD.org for all requirements. Include and make part of
project plans, the City standard sheet: "Pollution Prevention — It's part of the plan". As
required by separate condition above (under Community Development Department,
Planning Division), the storm water treatment features shall be incorporated into the project
landscape plan.
San Rafael Sanitation District (SRSD)
72. The project proponent shall comply with all applicable regulations of the San Rafael
Sanitation District and pay all applicable fees for sewer connection and service.
Marin Countv Environmental Health Services
73. The applicant must submit plans, specification sheets and finish samples to Marin County
Environmental Health Services (MCEHS) and must receive plan approval prior to starting
any new construction. Subsurface soils surrounding the oil -water separator located on the
BMW storage lot in the southwest corner of the site shall be sampled and tested for potential
hazardous materials in accordance with local requirements. The test samples and
accompanying report shall be submitted with the application for a building permit. If
contaminated soils are found, they shall be remediated pursuant to the recommendations of a
qualified professional and subject to approval of MCEHS, if required. Remediation may
include, but not be limited to, removing and properly disposing of contaminated soil. (MM
H3)
74. All grading shall comply with applicable sections of the California Code of Regulations.
(MM H7)
San Francisco Bav Conservation and Development Commission
75. If any of the proposed work occurs within 100 feet of the Bay (i.e. Mean High Water of the
inland edge of marsh vegetation where tidal marsh is present), then some portion of the
project would fall within the San Francisco Bay Conservation and Development
Commission's (BCDC) shoreline band jurisdiction and a permit is be required. In addition, if
the wetlands on the north and west side of the Target site are tidally influenced and within
100 feet of the proposed activities, a permit shall be required.
PG&E
76. Prior to the start of excavation or construction, it is required that the contactor call
Underground Service Alert (USA) at 1-800-227-2600 to have the location of any existing
underground facilities marked in the field.
During Grading and/or Construction
Communitv Development Department. PlanninE Division
77. Construction Hours: Construction hours shall be limited as specified by Municipal Code
Section 8.13.050.A which are 7:00 a.m. to 6:00 p.m., Monday through Friday and Saturday
from 9:00 a.m. to 6:00 p.m. Construction shall not be permitted on Sundays or City -observed
holidays. Construction activities shall include delivery of materials, arrival of construction
workers, start Lip of construction equipment engines, playing of radios and other noises
caused by equipment and/or construction workers arriving at or on the site.
78. The approved construction management plan under condition #36 to implement the
BAAQMD dust control measures during project construction shall be implemented. (MM
AQ1)
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79. The construction contractor shall adhere to BAAQMD Regulation 8, Rule 3 (Architectural
Coatings), which limits the VOC content of architectural coatings used in the BAAQMD.
The construction contractor shall not allow the averaging of such coatings to exceed the
allowable emissions specified in BAAQMD Regulation 8, Rule 3. Coatings applied to
stationary structures and their appurtenances at the site of installation, to portable buildings
at the site of installation, to pavements, or to curbs shall adhere to this BAAQMD Rule.
Coatings applied in shop applications or to non -stationary structures such as airplanes, ships,
boats, railcars, and automobiles, and adhesives are not considered architectural coatings for
the purpose of this rule. (MM AQ2)
80. During the grading and building construction phases of the project, the contractor shall alert
construction workers to sensitivity of marsh areas adjacent to the project site. Workers shall
be made aware of the need to avoid surface disturbing activities in or near the marsh,
properly dispose of litter or refuse, and to avoid trespassing into marsh areas. The contractor
shall require and enforce use of refuse receptacles during meal breaks, collection of
construction debris, and parking of equipment away from the marsh boundary during
construction and building phases. Adequate flagging and/or fencing of the marsh boundary
areas by a qualified biologist shall be required to prevent construction crew access and avoid
unnecessary damage. Equipment parking and fueling areas shall be near the center of the
site, away from the marsh. Fuel spills shall not be flushed down storm drains or allowed to
remain on-site, and shall be contained and collected for proper disposal. (MM BI01)
81. Reclaimed water shall be used during construction if available from the Central Marin
Sanitation Agency (CMSA) or the Las Gallinas Treatment Plant. (MM BI02)
82. The proposed project could increase the presence of cats, dogs, and other predators of Salt
Marsh Harvest Mouse (SMHM), including feral predators potentially present after
construction. To prevent this as much as practicable, no pets shall be allowed onto the
project site during construction. Informational signs shall be posted within the construction
area and along the property boundaries that abut the bay and neighboring marsh. All food
and food container waste shall be removed daily from the site during construction. Waste
containers shall be emptied regularly to prevent attraction of animals by odors. (MM BI08)
83. The approved Health and Safety Plan (HSP) shall be implemented during project
construction. The construction of safety measures, including appropriate personal protective
equipment and procedures for excavation and other construction activities; emergency
response procedures; designated personnel responsible for implementation of the HSP; and
measures for worker safety should leachate be discovered during construction activities such
as pile driving, utility trenching, or other construction work contained in the HSP shall be
implemented and inspected by Marin County Environmental and Health Services (MCEHS),
City of San Rafael Public Works Department, Community Development Department,
Planning Division and Community Development Department, Building Division.. If
contamination is discovered, work shall be halted, appropriate regulatory agencies shall be
notified, and remediation of the site shall be conducted in accordance with agency guidance.
(MM 112)
Prior to Occupancy
84. The project sponsor shall submit as -built plans to the Building Division and Department of
Public Works for review and approval. The as -built plans shall demonstrate that gas sensing
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alarms have been installed in all buildings. Gas sensing alarms shall be placed in every
confined space. Alarms shall provide a tiered warning system and include silent responses
to one detection level and audible responses to a higher level, both of which shall be below
life threatening levels. (MM H15)
85. The project sponsor shall prepare and submit an Operating and Emergency Plan to the
MCEHS and DTSC for review and approval. The Operating and Emergency Plan shall
include measures to protect the health and safety of workers and the affected public
throughout the life of the project. (MM H16)
Communitv Development Department. Planning Division
86. The landscaping and site improvements shall be installed per approved landscaping plan.
The landscape architect shall call for inspection and certify and submit in writing to the
Planning Division that the landscaping has been installed in accordance with all aspects of
the approved landscape plans, that the irrigation has been installed and been tested for timing
and function, and all plants including street trees are healthy. Any dying or dead landscaping
shall be replaced.
87. The project proponent shall submit a photometric plan of the installed exterior lighting.
Following the issuance of a certificate of occupancy, all exterior lighting shall be subject to a
30 -day lighting level review by the Police Department and Planning Division to ensure
consistency with the approved plans and compatibility with the surrounding area.
88. Target shall submit written proof (letter or agreement) of renewable energy procurement,
meeting the State of California Renewable Portfolio Standard for store and use operation.
89. The bus shelter required for the bus stop at the corner of Shoreline Parkway and Kerner
Boulevard shall be constructed and completed for use.
Communitv Development Department. Building Division
90. The Building Division shall verify the project sponsor has placed signs warning of the
hazards of entering confined airspaces on all utility covers and vaults. (MM 116)
91. After completion of grading at the site, the grading contractor shall comply with applicable
sections of the California Code of Regulations. (MM H7)
Public Works
92. The following conditions are required to ensure that operational impacts are mitigated at
Intersection #22, Main Street and Francisco Boulevard East/I-580 Westbound Off -Ramp,
and to address the potential need for long-term signalization:
a. Short-term imp_ rovements. The project sponsor shall obtain Caltrans approval and
implement the installation of two lanes at the westbound off -ramp (existing lane plus a
separate left turn lane). Caltrans approval and lane installation shall occur prior to
occupancy of the Target Store.
b. Posting of bond or securities for monitoring and signalization. Prior to the occupancy of
the proposed project, the developer shall be required to post a bond or similar security,
in a form acceptable to the City Attorney, to cover the cost of signalizing this
intersection and signalization of the I-580 Eastbound Off -ramp at Main Street (identified
as study Intersection #23 in the FEIR). The amount for the bond or security shall be
based on a projected cost for the signalization of the two off -ramp intersections and
needed, associated improvements (estimated at $500,000 in 2009 dollars). An additional
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amount of $10,000 shall be posted for post -occupancy monitoring and traffic analysis.
(MM T1)
See Use Permit (UP07-018) conditions for post -occupancy requirements for a traffic study
and fee obligations for potential signal installation.
93. As directed and determined by the City Traffic Engineer, intersection phasing at the
Francisco Boulevard East/Shoreline Parkway shall be adjusted so that: a) the maximum
green light time on the northbound -through and southbound -through movements is
decreased; and b) the maximum green light time on the eastbound -through and westbound -
through movements is increased. The project sponsor shall pay the full cost of implementing
this measure. (MM T3)
94. The project sponsor shall be responsible for funding and installing off-site traffic directional
signs to encourage and assist customers in accessing the store via I-580 (southeast of
Shoreline Center). The signage is intended to minimize use of the Bellam Boulevard area
for access to the store. The sponsor shall work with the City Traffic Engineer on the
location, design and placement of the signs.
95. The site shall be inspected by a Department of Public Works building inspector. The
building inspector shall verify that no devices (e.g., chimney caps or similar fixtures) that
produce a vacuum on the primary and secondary detection systems have been installed.
(MM 1-122)
Hazardous Materials Division - Fire Denartment
96. Applicant will be required to provide documentation of a Certified Unified Program (CUPA)
Permit issued from the Marin County CUPA.
97. Provide documentation regarding the use, storage and handling of hazardous materials.
98. A verification letter of Methane Detection/Removal System requirements from Marin
County Environmental Health must be provided to San Rafael Fire Prevention.
Marin Municipal Water District
99. The current service to the subject property is for the auto storage yard only. Water service
for the Target Store property and landscape easement on Parcel 2, will require a pipeline
extension from the end of the District's existing facilities. The applicant must enter into a
pipeline extension agreement for the installation of the necessary facilities and said
agreement must be approved by the District's Board of Directors. The applicant may apply
for a variance to these requirements. This variance must be submitted to the District's Board
of Directors for their review and action. All costs associated with a pipeline extension are
borne by the applicant.
Upon completion and acceptance of these facilities, or approval of the variance request, this
property will be eligible for water service upon request and fulfillment of the requirements
listed below:
a. Complete a High Pressure Water Service Application;
b. Submit a copy of the building permit;
c. Pay appropriate fees and charges;
d. Complete the structure's foundation within 120 days of the date of application;
e. Comply with the District's rules and regulations in effect at the time service is requested;
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f. Comply with the District's Water Conservation Ordinance 414. Plans shall be submitted
and reviewed to confirm compliance with this ordinance. The following plans are
required:
1) Landscape plan
2) Irrigation plan
3) Grading plan for projects with grades over 10%.
Any questions regarding the ordinance should be directed to the plan review program
manager at (415) 945-1497. You can also find information about the ordinance online at
www.marinwater.org.
100.Comply with the backflow prevention requirements, if upon the District's review backflow
protection is warranted, including installation, testing and maintenance. Questions regarding
backflow requirements should be directed to the Backflow Prevention Program Coordinator
at (415) 945-1559.
Post Occcrpancy
Communitv Development Department, Planning Division
101.All exterior lighting shall be shielded down. Following the issuance of a certificate of
occupancy, all exterior lighting shall be subject to a 30 -day lighting level review by the
Police Department and Planning Division to ensure compatibility with the surrounding area.
Vesting Tentative Map Conditions of Approval
(510-002)
General and on going
Communitv Development Department. Planning Division
1. This approval shall allow the subdivision of the subject 19.42 -acre parcel into two separate
15.82+acre and 3.60+acre lots as illustrated on the Tentative Parcel Map (Plans VTM-1,
VTM-2 and VTM-3), prepared by Pacific Land Services. This approval shall be valid for a
period of two (2) years from the date of approval, unless a Parcel Map has been recorded or
a time extension granted.
2. Any future development of the Parcel 2 (Shoreline Center Master Plan Lot 7) shall be
subject to appropriate environmental review and approval of an Environmental and Design
Review Permit.
Prior to recordation of the Parcel Map
Communitv Development Department, Plannine Division
3. Any outstanding Planning Division application processing fees shall be paid prior to
recording of the Final Parcel Map.
4. The Final Parcel Map shall be recorded as an amendment to the Shoreline Center Map.
Parcel 1 (Target) shall retain the current recorded Lot 6 reference. Parcel 2 (BMW storage
lot/landscape easement) shall be recorded as Lot 7.
5. The Final Parcel Map submitted for recordation shall contain a note that restricts the type or
tree planting along the north and west side of the Target Store building (Parcel 1, Shoreline
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Center Master Plan Lot 6). The note shall indicate that tall -growing tree species are
prohibited in these areas. (MM BI09)
6. The Final Parcel Map submitted for recordation shall clearly show all easements necessary
for the maintenance (or reconstruction) of groundwater and soil -gas monitoring facilities.
(MM H4)
7. The Final Parcel Map submitted for recordation shall clearly show all of the easements
necessary for maintenance and monitoring of the facilities constructed for treatment of
potential landfill gas emissions through cracks on the asphalt and joints to concrete
structures. (MM H9)
8. The Final Parcel Map submitted for recordation shall clearly show all of the easements
necessary for maintenance and monitoring the devices in detection zones below building
foundations. (MM H10)
9. The Final Parcel Map submitted for recordation shall identify the following permanent
easements on Parcels 1 (Shoreline Center Master Plan Lot 6) and 2 (Shoreline Center Master
Plan Lot 7):
a. On Parcel 1, a public access and use easement shall be required over the eight (8)
parking spaces located at the southern end of the parking lot, which are intended for
public use. This easement shall be recorded over the parking lot aisles, extending from
the terminus of Shoreline Parkway to the eight (8) parking spaces. The easement is to
provide the public with parking and pedestrian access to the City's Shoreline Park;
b. Along the boundaries of Parcels 1 and 2, non-exclusive access, utility and maintenance
easements shall be required to ensure mutual use and shared utilities.
c. A drainage easement for the benefit of Parcel 2 shall be required on Parcel 1.
10. The Final Parcel Map submitted for recordation shall include a note specific to Parcel 2
(Shoreline Center Master Plan Lot 7) identifying the duration, purpose and maintenance
agreement for the proposed landscape easement and the terms of the BMW lease (term to
year 2033). The note shall state that any termination of the BMW lease and/or landscape
easement for site redevelopment will require an amendment to the Shoreline Center Master
Plan (PD District) and associated environmental review.
11. A landscape and irrigation plan shall be prepared for Parcel 2 (Shoreline Center Master Plan
Lot 7) and approved by the Community Development Director. The plan shall be designed
to coordinate with the landscape plans and design for the Target Store project. The
landscape design for the 1.6 -acre easement area shall include the following:
a. Permanent tree planting, shrubs and groundcover along the periphery of the easement
area, extending for a minimum distance of 15 feet to achieve a permanent landscape
setback. The tree and shrub placement/spacing, species and planting size shall be the
same as that approved for the contiguous Target Store parking lot.
b. The interior area of the 1.6 -acre area (inside the landscape setback) shall be include the
installation of a combination of groundcover, trees, native grasses and pedestrian paths
so as to create an attractive outdoor area for employee and customer use.
In the event the Final Parcel Map is recorded prior to the completion of the Target Store
landscaping, the project sponsor shall be required to post a performance bond to guarantee
installation.
Public Works
IN
12. A permit shall be secured from California Regional Water Quality Control Board. Proof of
permit shall be submitted prior to the recordation of the Final Parcel Map.
13. A fee of $571.00 shall be paid to the Public Works Department for reviewing the Tentative
Parcel Map.
14. The Final Parcel Map application shall include the following:
a. Parcel Map for subdivision of the lot;
b. Detailed grading plans including cross-sections with dimensions showing all proposed
cut and fill;
c. Detailed volume calculations of all cut, fill, import and export;
d. Runoff calculations of the existing conditions and final development and pollution
prevention plan;
e. Detailed on- and off-site drainage plan;
f. Improvement plans showing all on-site streets, driveways and utilities and all the
proposed work within the existing public right-of-way including utilities; and
g. An engineer's cost -estimate for the construction of all proposed new streets and utilities
and the proposed work within the public right-of-way.
15. No building permit shall be issued until the Parcel Map is recorded.
Fire Department
16. The drive aisle located on the west side of the property shall be identified as a Fire
Apparatus Access Road on the Parcel Map. The Final Parcel Map shall show a permanent
easement for a Fire Apparatus Access Road located from the street to the end of the required
fire lane.
17. A permanent easement agreement for a Fire Apparatus Access Road is required and must be
executed prior to recording of the Final Parcel Map. The permanent easement agreement
must be recorded with the register of deeds, and is to remain in force for the life of the
properties.
The foregoing Resolution No. 13143 was read and introduced at a special meeting of the City
Council on the 2151 day of April 2011, and ordered for a second reading by the following vote, to
wit:
AYES: Councilmembers Heller, Levine and Mayor Boro
NOES: Councilmembers Brockbank and Connolly
ABSTAIN: None
ESTHER C. BEIRNE, City Clerk
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