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Home My WebLink AboutPlanning Commission 2015-06-23 #2Clry DF Meeting Date: June 23, 2015 Agenda Item: - Comi-nunity Development Department-- rianning Division Case Numbers: ZC09-001, UP09-020, ED09- P. 0. Box 151560, San Rafael, CA 94915-1560 031 and S09-002 PHONE: (415) 4$5-3085/FAX: (415) 485-3184 _. Project Planner: Kraig TarnborhAf (415)485-3092 REPORT TO PLANNING COMMISSION SUBJECT: 1050 Andersen Drive / 535-565 Jacoby Street (Marin Sanitary Service) — Requests for a Planned Development Rezone, Master Use Permit and Design Review Amendments, and Lot Consolidation for Marin Sanitary Service (MSS) facility master plan, comprised of 82,15 acres, concurrent separate rezoning of an adjacent 2.78 acre Golden Gate Bridge District (GGHBDT) property, and abandonment of a portion of Jacoby Street right-of-way; APN's: 018-180-72, -73, -74, -75 & -76 (MSS), and 018-141- 03 (Golden Gate Bridge District-GGHBDT); Planned Development (PD1580) & Industrial (1) Zone District; Golden Gate Bridge District & Marin Sanitary Service, Owner/Applicant; Case Numbers: ZC09-001, UP09-020, ED09-031 and S09-002 EXECUTIVE SUMMARY Project Overview Marin Sanitary Service (MSS) provides municipal waste management services for the City of San Rafael as well as surrounding Marin communities. MSS is pursuing an update to its Master Plan entitlements (zoning, use permit and design review) in order to, (a) reflect current and future operational needs, including future waste to energy conversion uses, (b) address existing historical animal keeping and storage uses, and (c) correct areas of nonconformance with existing entitlements for storage and outdoor yard area boundaries. The MSS site consists of several separate properties that are zoned Planned Development (PD) and Industrial (1). The properties designated PD primarily include MSS outdoor yard and open space lands located behind its main facility on 1050 Andersen Drive, and a separate 2.78 acer parcel leased for storage from Golden Gate bridge district. The area designated for all municipal waste management facility operations falls completely within the 82.15 acre property owned by MSS. The project primarily involves adoption of a new zoning map with text changes to the PD document, to consolidate all waste management facility operations within a single PD master plan and zoning designation. All of the parcels currently owned by MSS would also be consolidated into one single 82.15 acre site, and remove a 2.78 acre property owned by the bridge district from the MSS Master Plan. The Golden Gate bridge district staff stated the current storage leases would not be renewed this year, and the property is expected to revert to vacant land uses as P/QP excess right of way land. The site work that would occur on MSS's property consists of minor grading for placement of new fire suppression water lines and installation of new fencing and barriers to restrict access to open space. Abandonment and vacation of a portion of Jacoby Street right of way that extends through the property is also proposed. Interim on-site and off-site storage uses are also proposed to be continued as part of the project (with interim public and private container storage on the MSS site and interim private outdoor storage use on the GGHBDT site). The project would include payment of traffic mitigation fees to legalize unpermitted expansion of interim container storage uses on the MSS site, which increased from 240 public storage and contractor containers permitted in 1992. MSS proposes to retain a total of 682 containers (628 which would be for public/contractor storage and 54 for MSS operations), with removal of RF -PORT TO PLANNING COMMISSION - Case: ZC09-01, UP09-20, ED09-31, S09-02 & UP14-06 Page 2 approximately 115 additional unpermitted containers. Payment of traffic mitigation fees would be required for the increase in trips generated by the container storage use, above an established baseline condition. The traffic baseline includes the historically permitted number of containers. Environmental Review Summary A Mitigated Negative Declaration has been prepared for the MSS Project rezoning, master plan and use permit amendment (MSS MND). The MSS MND and memorandum summarizing the project were provided to the Planning Commission on May 18, 2015. The scope of work is deemed to be minor in nature. The project would update the current MSS facility use to reflect existing operations and anticipated future needs. However, site upgrades would be required for the existing use. In addition, anticipated future waste to energy conversion equipment would generate impacts that warrant evaluation at this time. The project would include minor alterations to existing state solid waste facility permit boundaries, which already fall within the overall 82.15 acre site and work areas. Further, the site is near known biological and cultural resources. The Mitigated Negative Declaration identified potential physical environmental impacts in Air Quality, Biological Resources, Cultural Resources, Hazards and Traffic. Mitigation measures have been identified that would address any potential impacts from proposed grading and trenching work, removal and relocation of cargo containers, and future site work for waste to energy facility equipment. The project requires Planning Commission review and recommendation to the City Council for the zone change, design review, use permits and lot consolidation entitlement actions, RECOMMENDATION It is recommended that the Planning Commission take the following action: 1. Adopt a Resolution recommending that the City Council adopt a Mitigated Negative Declaration environmental determination for the project (ND09-001), and Mitigation Monitoring and Reporting Program pian, 2. Adopt a Resolution recommending that the City Council rezone the 82.15 acre Marin Sanitary Service property from "PD1580" and "I" zone districts to revised PD and the 2.78 acre Golden Gate Bridge Highway & Transportation District property from PD1 580 to P/QP (ZC09-001). 3. Adopt a Resolution recommending that the City Council approve an amended Master Use Permit (UP09-020), Environmental and Design Review (ED09-031), and Lot Consolidation (S09-002) for the 82.15 acre Marin Sanitary Service Facility project site. 4. Adopt a Resolution recommending that the City Council abandon improved and unimproved portions of Jacoby Street right of way. PROPERTYFACTS Address/Lavation: 1050 Andersen Drive and Parcel Number(s): 081-180-73 thru -76; 535-565 Jacoby Street; No 081-110-03 address for GGBHDT site [Property Size: 82.15 acres; 2.78 acres Nei hey borhood: Canal Site Characteristics _I General Plan Designation _ Zoning_Desig nation _ Existing .and -Use Project Site: Industrial/Conservation PD 158{ & I MSS Waste Facility_ North: General Commercial LI/O GGB'HTD i=acilit _Yard South: N/A N/A Ridge/City of Larkspur East: Public/Quasi Public P/QP Sanitation Plant CCMS; West: Industrial P/QP Outdoor storage yards REPORT TO PLANNING COMMISSION - Case: ZC09-01, UP09-20, ED09-31, S09-02 & UPI 4-06 Page 3 Site Description/Setting: The Marin Sanitary Service project site is comprised of five (5) adjoining parcels located at the end of Jacoby Street with approximately 82.15 acres in total area. The five parcels were established through prior review and action by the Planning Division in 1995, at which time the Planning Division approved several lot line adjustments to consolidate MSS buildings and facility operations, and designate the upper portion of the site as private hillside open space area. Four (4) parcels are developed and used for MSS operations (Parcels A through D). These parcels are relatively level and comprise 31.28 acres. The fifth parcel (Parcel E) is a densely forested, 50.87 acre, hillside site with an average cross -slope of 39%. The upper slopes of the site include a visually significant ridgeline, San Quentin Ridge, which also provides a boundary line for the San Rafael corporate limits with the City of Larkspur. MSS also leases a separate 2,78 acre parcel to the west from Golden Gate Bridge Highway & Transportation District, This property is undeveloped, subleased for storage uses, and located across SMART rail right-of-way with access from Jacoby Street. BACKGROUND Marin Sanitary Service (MSS) has been providing municipal solid waste collection, disposal, resource recovery, and recycling services from the subject site to Marin communities since 1948. MSS currently operates under a Master Use Permit issued by the City of San Rafael, (UP96-8, which amended prior UP92-7), and a Planned Development (PD1580) zoning district. The current Master Use Permit consolidated 12 separate use permits that had been issued for the facility over a period of several years, and permitted outdoor storage areas on 2.78 acre the off-site property owned by the bridge district. The main buildings associated with MSS operations are located on Parcel. A (aka, 1050 Andersen Drive), with additional operational activities and functions located on Parcels B through D (aka, 535-565 Jacoby Street). Parcel B is primarily used for self -storage. A small animal keeping/husbandry area housing swine is also located in. on this parcel. MSS operations and public storage containers are located on Parcels B and D. The City previously permitted up to 240 storage containers on Parcel B. This was expanded by MSS from 1997 to 2005 with approximately 797 containers documented as having been placed on-site for personal storage, contractor storage and MSS storage uses. A resource recovery and storage shed also has been previously permitted and constructed on Parcel D. See Exhibit 6 for current zoning and use permit entitlements. Parcel E is primarily preserved and protected as private open space. However, there is maintenance shed located in a previously graded and paved area that lies just south of the common boundary of Parcels C and D. This area formerly contained an historic residential building. The original house and site were once served by an historical stagecoach path that ran through the property, entering the site from the east and running west across the ridge, toward the historic residence and down to Jacoby Street, toward San Rafael. Over the past 15-20 years, the fire access roads and several large adjacent pad areas have been paved with concrete within Parcel E. This parcel has been used to store/season cut wood and other materials and equipment, and a number of storage containers have encroached along the west boundary of Parcel B into Parcel E. A number of permitted and unpermitted retaining walls have been installed separating the MSS outdoor operations on Parcels B through D from Parcel E. A gabioh wall has been constructed on Parcel C, which has been subject to structural engineering review by the City Public Works Department (i.e,, October 2006 plans and engineering by Richard Jensen, engineer). The MSS property currently provides parking for 198 vehicles, with 158 spaces on Parcel Ak (Main operations office & industrial), 15 spaces on Parcel B (temporary mini -storage uses), 18 spaces on Parcel C (soils products storage and sales), and 7 spaces on Parcel D (MSS operations). The property also is bisected by additional right-of-way for extension of Jacoby Street, which was previously approved to be vacated in 1984. (*During processing of the subject project the parking on Parcel A at Andersen Drive was expanded with 14 additional spaces.) REPORT TO PLANNING COMMISSION - Case: ZC09-01, UP09-20, ED09-31, S09-02 & UP'14-06 Page 4 PROJECT DESCRIPTION Summary Marin Sanitary Service (MSS) has requested amendments to its Master Use Permit and PD Zoning approvals established for its waste management facility site in order to bring into compliance alterations that have occurred since 1996, and to incorporate historical development not included in the prior zoning approvals. The primary changes involve the following: 1) Consolidation of all MSS operations parcels under an updated PD zoning district and deletion of a separate 2.78 acre parcel from the PD plan and site operations. 2) Removal of unpermitted activities in open space area; such as wood storage/seasoning, dirt stockpiling, container storage, and potential removal of concrete paving and grading of pad areas on fire roads and/or ridgetop. 3) Legalization and expansion of private and public storage container uses from 240 permitted containers to 682 containers (with removal of 115 additional unpermitted containers), and 4) Plan for future innovations to facilitate waste reduction in compliance with regulatory requirements; including waste to energy conversion facility equipment. MSS strives to create a more complete approval entitlement to facilitate future changes to the facility that will be needed as it adapts to the community's evolving waste management needs. The project would result In minor landscaping and grading work for installation of screening, fencing and water/fire suppression lines and hydrants. No new construction is proposed. See the MSS project plan sheets (MSS MUP) and the detailed Master Use Permit Amendment Application (MSS MUPA) project description, operations and attachments provided separately. Golden Bridge and Highway Transportation District (GGDT) is a party to the application for zoning amendment due to the fact that MSS has historically leased a 2.78 acre parcel of land owned by GGHBDT for storage purposes. This property was included in the PD1580 adopted for the site December 4, 1989. The City, MSS and GGHBDT agree that this property should be disassociated with the MSS facility use as it is not a part of MSS ongoing operations and uses of the site would be ended when use of the SMART train line is initiated, which separates the subject parcel from Jacoby Street. GGHBDT does not intend to pursue a use permit for continued storage operations. It is intended that this activity would continue as an existing use and cease once the property no longer maintains access across the SMART right of way. A detailed written description of the application request is provided in the application materials, provided with the MSS Initial Study and online at: http:l/www.cityofsanrafael.org//commdev-planning-proi-facility/. A DVD has also been included in the Planning Commission packet containing the current project plans and the project application materials appendices. Details of the Project changes and components are as follows: Zoning Entitlements: 1. Lot Consolidation (S09-002). Combine the multiple MSS Parcels A through E that make up the entire MSS facility property and operations into a single parcel. This would facilitate extension of necessary water and fire line utilities to the existing parcels created under the prior PD action, which are not currently located on an improved public street (right of way only extends through the site). See Plan Sheets C4.1 and C4.2. 2. Zone Change (ZC09-001). The zoning changes are as follows: REPORT TO PLANNING COMMISSION - Case: ZC09-01, UP09-20, ED09-31, S09-02 & UP14-06 Page 5 Amend the MSS facility PD master plan text and map to incorporate the Industrial (1) zoned property at 1050 Andersen Drive with the outdoor storage and operational parcels located at the end of Jacoby Street. The PD amendment would re-establish uses and development standards applicable to operational use areas (Areas A through D), and the open space area (Area E). Allowable floor area would be calculated for the entire site versus each individual parcel. See Sheets A2, CMP -1, A.3 and A,4, Remove a separate undeveloped outdoor storage parcel from the PD master plan, which is located to the west and leased from by Golden Gate Bridge District, at APN 018-141-03 (across SMART rail line right of way, west of the MSS facility operations. This site would be rezoned from the current PD 1580 to P/QP. This amendment is supported by GGBHDT and consistent with adjoining property zoning and uses. See Sheet A2.1. 3. Environmental and Design Review (ED09-031). Amend the master development plan concurrent with the MSS Facility PD zone change and Master Use Permit (MUP) approvals. Future facility improvements would be subject to separate ED permit review. This may include design review of a tower structure over the height limit for biomass conversion facility unit, which may be considered through the design review process consistent with current zoning regulations. See Sheet A5.5 for future anticipated facilities. 4. Master Use Permit (UP09-020). Amendment to re-establish permitted uses within the MSS site operational and open space areas, as follows: a. MSS Area A: Size/Location: Approximately 12.2 acres at 1050 Andersen Drive. Use: Area A contains the majority of the MSS waste management facility buildings (i.e., recycling center, transfer stations, resource recovery, household hazardous waste, metals and wood materials recovery, administrative offices, 72 covered truck parking and loading docks, etc.). Existing buildings may be converted to other waste reduction and management uses, including waste to energy conversion. No significant expansion or change in operations associated with the use and facilities in this area are being proposed. The total building square footage has been calculated at 292,023 square feet, existing. No change in building areas area proposed. b. MSS Area B: Size/Location: Approximately 5.12 acres south of Jacoby Street at the site entrance of Jacoby Street. Use: The project includes the following activities, including request for permits to legalize an increase in ancillary uses in this area as follows: • Expand (retro -actively) an Increase in public portable container units rented as public self -storage units (aka, Rafael Storage). Container storage activities are considered a long-term interim use and the area is reserved for future MSS facility operations, including but not limited to inert processing, storage, recycling and ancillary sales of materials. The project proposes to remove up to 47 of the existing/unpermitted containers. This would be a reduction from the 444 currently placed containers down to as few as 397 containers). + Continue existing interim small animal husbandry pen housing approximately 50 barnyard animals (pigs, goats, horses), historically used for stripping yard waste. Animal waste is removed from the site, on a weekly or bi-weekly basis. The area is maintained with fresh straw/woodchips and sawdust. The net container storage area would increase the permitted container storage to 65,379 square feet in area (approximately 25,179 square feet of additional container storage In the subject oiltdoor yard area). See Sheet A5.9. c. MSS Area C: Size/Location: Approximately 5.92 acres just east of Area A and Area B. See Sheet A5.2. Use, The following activities would remain within this area: REPORT TO PLANNING COMMISSION - Case: ZC09-01, UP09-20, ED09-31, S09-02 & UP14-06 Page 6 Outdoor yard area used for inert processing operations including concrete recycling recovery and bulk storage of soil products, fire wood storage above a gabion wall, and ancillary sales of materials associated with and in support of recovery operations. American Soils Products storage and sale of general landscape supplies (complementary to MSS resource and recovery efforts). k% This area could be used for future biomass conversion or anaerobic digester facility equipment. d. MSS Area D: Size/Location: Approximately 8.03 acres. See Sheet A5.3. Use: • Outdoor yard area for inert processing operations including bulk storage and soil recycling. Ancillary sales of materials associated with and in support of recovery operations is also a part of operations. • Retain at least 271 portable container units (retro -actively permitted) for both MSS operations and public self-storage/contractor (aka, Rafael Storage). The project would involve removal of up to 56 of the existing unpermitted containers (reduction from 327 existing containers to 271 containers), leaving at least 52 containers for MSS operations and 219 containers for public storage use. Container storage areas are considered a long-term interim use and the area is reserved for future operational uses. 10,200 square foot Resource Recovery and Storage building. • This area could also be used for future biomass conversion or anaerobic digester facility equipment. The container storage would result 45,349 square feet of additional container storage coverage on the site within this outdoor yard area. e. MSS Area E Size/Location: Approximately 50.87 acres. Use: Private hillside open space (south of the operational "work" areas A through D). This parcel contains paved fire roads, limited grazing, bee and animal keeping, and a 1,886 square foot storage shed. Non -permitted seasonal fire wood storage has been eliminated. Adjustment to the Area E boundary is proposed with no net loss of open space area. The building is 1,886 square feet in area and would no net increase in building area is .proposed. GGBHDT Parcel: According to the district, all storage activities on the GGBHTD site would terminate after its lease with, MSS expires (May 2015). Thus, the district did not request a new Use Permit approval for the site to allow this activity to continue as an interim use. Right of Way Abandonment; A portion of Jacoby Street that extends past an existing gate access into the MSS site is proposed to be abandoned, with new utility easements granted for public agencies. Additionally, remaining unutilized Jacoby Street right-of-way that extends through the site to Andersen Drive also is proposed to be vacated. Abandonment and vacation requests require City review and approval to determine that the right of way is no longer needed for a public purpose. The Planning Commission must recommend vacation of property dedicated for right of way purposes. Separate hearings and action would be taken by the City Council, followed by recordation of a grant deed to transfer title to the property owner. See Plan Sheet C2.1. Required Site Work & Actions: The project approvals would result in the fallowing site work and changes to existing permitted operations: REPORT- TO PLANNING COMMISSION - Case: ZC09-01, UP09-20, ED09-31, S09-02 & UP14-06 Page 7 • Storage Container Relocation & Removal, The public storage containers use would be legally permitted to increase from the 240 containers permitted as of a 1996 use permit amendment, up to 682 permitted containers (consisting of containers added without approval minus existing unpermitted containers to be removed), This is an interim industrial use within Area B and Area D. Fifty-four (54) of the 682 containers to remain are used by MSS operations for its storage needs. The remaining 628 containers (395 on Area B and 233 on Area D) would be retained for public storage use. As proposed, a total of 115 existing and unpermitted storage containers would be removed from the site to bring the container count down to 682 in total. See Plan Sheets A5.1, A5.3 and A5.4. • Open Space Encroachments. Open space boundary Area E would be revised to address encroachments, and require boundary and markers and gates, with no net loss of open space area. See Sheet A3. • Open Space Paving. Unpermitted paving of fire roads in Area E is proposed to be permitted to remain, for access and minimizing further site disturbance (approx. 265,000 square feet of concrete paving). See Plan Sheets C1.2 and C1.3. The other unpermitted activities consisting of containers, wood storage and soils storage have been removed. • Open Space Storage Building. Pre-existing 1,886 square foot storage structure would be permitted to remain in Area E. • Animal Keeping. Pre-existing animal keeping uses consisting of grazing and bee keeping activities would be permitted to continue in Area E. • Parking Supply. Parking would be increased from a previous count of 198 spaces to 228 spaces to accommodate increased private storage and facility operation needs. Drainage and Landscape Enhancements. New drainage improvements, stormwater bio-swales and landscape improvements would be installed. See Plan Sheets C1.1, and L -1A through L2.1 • Fire Safety Improvements. New 8" fire line from Andersen Drive with three new fire hydrants would be provided in Area D, and four new fire hydrants and 8" fire line would be installed serving Area C. See Sheets A5 and F1. • Retaining Wall Permits. Building permit for Gablon Wall and parking areas. Also, install boundary markers, and new gates restricting future encroachments into private open space areas. See Plan Sheets BH -1, BH -P and RV -1. • Right of Way Abandonment. Finalization and recordation of abandonment and vacation of rights of way and associated utility easements. • Utility Easements. Installation of new utility connections at terminus of Jacoby Street at site entrance gate. Approval of abandonment and recordation of deed transferring Jacoby Street right of way to the MSS property • Open Space Restrictions. Recordation of grant deed for lot consolidation and Area E private open space restrictions, ANALYSIS San Rafael General Plan 2020 Consistency: The project, which primarily consists of a Planned Development (PD) text and map amendment, with minor changes to existing permitted uses on MSS and GGHBTD sites, remains consistent with the underlying General Plan 2020 land use designations and relevant policies, as follows: The 2.78 acre Golden Gate Bridge Highway & Transportation District is located west of the MSS facilities, south of Jacoby Street and SMART rail right of way (Assessor's Parcel No. 018-141-03) and adjacent to Highway 101 right of way. Re -zoning of this property from PD (1580) to P/QP is consistent with the underlying General Plan 2020 Industrial land use classification. The ownership and use of the site as interim storage on public lands is consistent with this land use designation, and with the adjacent parcel of land (APN 018-141-04) that is owned by SMART and currently designated P/QP. The GGHBTD has provided a letter in support of the rezoning action. REPORT TO PLANNING COMMISSION - Case: ZC09-01, UP09-20, ED09-31, S09-02 & UP14-06 Page 8 The 82.15 acre Marin Sanitary Property is located at Andersen Drive and the terminus of Jacoby Street (1050 Andersen Drive and 535-565 Jacoby Street, San Rafael, CA. Assessor's Parcel No. 018-180-72 through -76). Parcel A contains the primary operational buildings and offices for the use. Parcels B through D contain the primary outdoor operational work areas and interim uses, and existing Jacoby Street right of way proposed to be abandoned. Parcel E contains the private open space area. Rezoning all of the MSS facility properties from the I (Parcel A) and PD1580 (Parcels B through E) districts to a revised PD for continued waste management facility operations is consist with the underlying General Plan 2020 Industrial land use designation. There are no other policies or prograrns that require further review and discussion for consistency, given that the project primarily involves minor text and map amendments to support continued use of the properties for waste management, open space and storage uses which remains consistent with the underlying land use designations. Zoning Ordinance Consistency: Chapter 14.27 Zoninq Amendment The Rezoning action would remove the 2.78 acre GGFIBDT site from the MSS development plan and rezone this parcel to a conventional P/QP district, and consolidate all the MSS properties into a single revised and updated PD district. Consideration of the rezoning action is required before action on the related zoning entitlements occurs. The rezoning action desirable in order to promote orderly development and continued use of the subject properties. The revised PD is consistent with the underlying General Plan 2020 land use designations applicable to each property, as discussed in the General Plan Consistency section above and therefore is considered appropriate. The MSS PD amendment would re-establish and incorporate the appropriate floor area ratio, height limit and land use development standards required per the General Plan 2020 (Le" 36 foot height limit and 0.38 maximum industrial floor area limits, 0.0 open space floor area limitation). The PD district would impose a ten foot (10') minimum front yard setback, and ten -percent (10%) landscape requirement. These requirements are consistent with the standard Industrial "I" zoning district requirements as well as the subject site and adjacent property conditions. In addition, the PD would include site and use regulations, performance standards, and parking standards commonly applied to Industrial designated properties under conventional zoning standards. The zoning standards that would be applied to the site in the revised PD are discussed further below. The PD rezoning action is considered a minor change in zoning as it would continue to permit all existing underlying MSS land uses, The uses in a PD are required to be implemented through issuance of a Master Use Permit and Development Plan. Thus, the current approvals are also proposed to be amended. The findings required supporting the MSS site PD rezoning and GGHBTD site P/QP rezoning, and MSS site PD text amendments have been provided in Exhibit 3. In addition to the typical rezoning findings, the following PD findings are required: The development is improved by deviations from typical zoning ordinance property development and parking standards; and Y Auto, bicycle and pedestrian traffic system is adequately designed for circulation needs and public safety. Emergency vehicle access is provided to serve the proposed development The PD designation remains an appropriate designation as proposed to be applied to the entire MSS property. The PD provides an appropriate amount of flexibility for the operator and the City necessary to consider changes in MSS facility operations which is a unique and important municipal service industry use. There are not any significant deviations proposed from conventional zoning regulations. Rather, the project would be brought into greater conformance with floor area ratio (FAR), parking, landscaping, setback and similar development standards. Further, as proposed and conditioned, the project would REPORT TO PLANNING COMMISSION - Case: ZC09-01, UP09-20, ED09-31, S09-02 & UP14-06 Page 9 improve land use, health and safety, and design requirements of the City by addressing specific building code, traffic mitigation, and fire safety requirements. Chapter 14.16 Site and Use Re. ulations ID Accessory Structures (SRMC 14.16.020) The ancillary storage uses including the containers require use permit and design approval, and may be subject to the same requirements applicable to permanent structure. These structures have been evaluated for compliance with the standards and subject to the related zoning entitlements, as discussed herein. • Affordable Housing Requirement (SRMC 14.96.030) An affordable housing requirement is imposed on nonresidential development, except where no nexus can be established between the proposed nonresidential development and an increase in the demand for affordable housing. In this case, the project proposes expansion of interim public storage uses within the existing and previously permitted work areas of the MSS facility site. No nexus is considered to exist for requiring affordable housing since the storage containers involve only 1 employee and are considered an interim use of these outdoor yard area portions of the site. • Floor Area Ratios (SRMC 14.16.150) The property is 82.15 acres with 50.87 acre open space lands and 31.28 acres industrial lands. The industrial property is subject to 0,38 industrial floor area (FAR) allowance. Building area includes Area A (292,000 square feet), container storage to remain on Area B and Area D (100,754 square feet) and additional accessory building on Area D. The industrial use of the property falls well below the 0.38 FAR allowance, or 517,000 square feel. Negligible expansion of use is resulting from the legalization of prior public storage containers placed the property, within permitted outdoor yard areas. It is anticipated the temporary container storage uses may be replaced by permanent buildings over time, and would remain within the FAR allowance. Chapter 14.17 Performance Standards • Animal Keeping (SRMC 14.17.020) The existing animal husbandry use would not be altered and would be covered by the existing and proposed Master Use Permit. Conditions have been included to address potential nuisance concerns including odors, noise, water quality and health. No new issues or concerns have been identified. Outdoor Storage (SRMC 14.17.120) No new issues or concerns, or new requirements have been identified that should be imposed for outdoor activities. The areas shall be appropriately located and screened to the extent necessary. Chapter 14.18 Parking Sheets A5 through A5.3 show a total of 228 spaces would be provided on the property, upon implementation of the project (an increase in 30 spaces above original conditions). Existing and new spaces are dispersed throughout the site serving each of the various use Areas. There would not be an increase in parking demand for the current MSS facility operations, which would remain unchanged in the near term. Public storage is subject to a parking study to evaluate needs. The demand for parking associated with the increased container storage use has been evaluated by the City Planning and Public Works staff. Typically, parking requirements for storage is minimal, to serve customers visiting the business office and employees. Existing tenants would typically drive to their individual unit, and not require a customer parking space, REPORT TO PLANNING COMMISSION - Case: ZC09.01, UP09-20, ED09-31, S09-02 & UPI 4-06 Page 10 The revised PD and MUP identify a parking demand and supply which has been identified as adequate for MSS facility operations and the ancillary storage and soils product sales uses. This includes an Increase in existing parking supply to serve existing facility operations and public storage activities. Parking is considered adequate based on existing and proposed uses. Additional parking needs would be evaluated with any new or expanded buildings at the time proposed, in a manner that is consistent with the PD zoning regulations. Chapter 14.18 was amended during processing of this project to include new and revised Section 14.18.045 (parking for clean air vehicles) and 14.18.090 (bicycle parking standards). New or revised parking lots should be reviewed for upgrades to meet these standards where feasible. Based on 30 new spaces, 3 clean are vehicle spaces should be provided. Bicycle parking would also be encouraged, with at least two (2) additional short term bicycle parking spaces and one (1) long term parking space, Because the spaces are not generated from new development, the above standards are not required, but may be encouraged. Parking for the public storage containers consists of two (2) new spaces near Area B. Chanter 14,22 Use Permit Amendment The use permit amendment would encompass all existing uses of the 82,15 acre MSS facility site, addressing uses on areas A through E, including the interim public storage use on the MSS site. The MSS use permit would specify each use and requirement of the site work areas and open space areas (A through E), and uses permitted on site, consistent with development standards that apply to the site as specified in the PD rezoning. The PC may consider whether the proposed expansion of container storage use is acceptable, potential future uses, as well as other site and use modifications proposed or required based on the project proposal. The Bridge District is not pursuing a separate Use Permit to permit ongoing outdoor storage on the 2.78 GGBHDT site, following separation of the GGBHDT from the current PD1 580 zoning and Use Permit 98- 6. Rather, it is intended that these activities would cease once discontinued or at the time SMART operations begin on the adjacent rail right of way. This amendment is proposed to encompass and allow the interim outdoor storage uses to continue, which would be consistent with the underlying General Plan land use designation and with the proposed P/QP zoning designation. Lot consolidation and Design Review are also required as concurrent entitlements for the MSS site, which would resolve current issues with site floor area ratio and update the master development plan. Currently, the majority of MSS development is located at 1050 Andersen, Parcel A, resulting in an 0.45 FAR (exceeding the 0.38 FAR allowance. The FAR for the combined site area would fall well below the 0.38 FAR limitation. Further, the consolidation would resolve issues with providing utility services to currently landlocked parcels. Conditions of the MSS Master Use Permit include updates to the prion UP96-8 conditions of approval and updated requirements of the water district, fire, building, public works and planning division staff. Given that the Use Permit would primarily continue existing interim storage, waste management, open space and animal keeping activities of the properties there have been no new issues or significant concerns identified, MSS project would be required to pay traffic mitigation fees and obtain retroactive building permits for installation and removal of cargo container storage and for the wall and grading encroachments into open space lands. Concerns with the encroachments into the open space lands, storage activities that had occurred in open space lands, and expansion of interim storage on-site work areas, have either already been addressed or would be addressed as a pari of this Use Permit amendment (UP09-020), This includes a requirement for barrier markers at the open space boundary to prevent future encroachment, and requirement for remaining corrective actions to be pursued within the first 60 days of project approval (e.g., permits for retaining walls built adjacent to the open space boundary, outdoor wood storage, installation of barrier fencing/markers at open space boundary, removal of unpermitted REPORT TO PLANNING COMMISSION - Case: ZC09-01, UP09-20, ED09-31, S09-02 & UP14-06 Page 11 containers, provision of enhanced fire suppression and fire lanes, payment of traffic mitigation fees, and parking and landscaping upgrades). The Department of Public Works has been working with the applicant to confirm an appropriate traffic mitigation fee that would be required, based on the increased number of trips resulting over the established 1992 baseline condition. As of a ,lune 14 2014 memorandum, a traffic mitigation fee requirement was estimated at $653,000 (based on 154 net new trips times $4,246 per net new trip, above the 1992 baseline condition). The baseline condition includes the 240 permitted public storage container units. Net increase in traffic would be adjusted as necessary and consider the number of existing unpermitted containers that are to be removed following project approval. Thus, the traffic mitigation fee may be higher, or lower, depending on the final number of containers to remain/be removed. The traffic mitigation fee in the MND identifies the highest anticipated traffic impact if no credit were given for containers to be removed. No change in uses would occur on the GGBHDT lands, which is proposed to continue temporary outdoor storage activities until such time as the site is no longer accessible (following operation of SMART service through the area. Findings and conditions recommended to support the MSS entitlements are provided in Exhibit 4. Chapter 14.25 Environmental and Design Review Amendment The Design Review Permit consists of an update to the Master development plan for MSS, to implement the PD rezoning, approve proposed site upgrades, and establish requirements for future site or building modifications. No significant changes would occur following grant of this approval, aside from some minor landscape and parking lot upgrades. All existing structures and work areas would rernain substantially unchanged. Design review would grant retroactive approval of container placement, post- installation of retaining walls on the property, and associated landscape enhancements. Engineering reports were required to evaluate post -installation of retaining walls on the property, to assure they are structurally sound and safe. The PC may consider whether the proposed work, including landscape enhancements and paving proposed to remain in open space areas is acceptable or warrants further modification. Any new structures or building additions would be subject to standard Environmental and Design Review Permit requirements that currently apply to the site. Section 14.16.120 allows for structures over the height limit to be considered through Environmental and Design Review, pursuant to Chapter 14.25. Current design review standards allow for specialized buildings or structures to be considered that exceed the height limit through the design review process. Further, Chapter 14,24 allows building height to be increased through an Exception where: (1) additional building height is required for a special use or function, and the building is designed specifically for that use; or (2) there are special circumstances related to the site and topography which warrant the exception, where scenic views are not adversely affected, and where exceptional design is provided. If the height exception is more than five feet (5'), the exception must be approved by the planning commission as part of approval of an environmental and design review permit. The project anticipates a 40'10" tall tower would be required for a biomass conversion facility (Sheet A5.5), if this is pursued in the future. This is a feature that would fall within the criteria specified above, and require subsequent permit reviews and approvals. The anticipated future project does not raise any significant concerns at this time, and is considered to fall within current zoning provisions that allow for this to be considered. No entitlement has been required at this time as the facility may or may not be pursued at a future date. Rather, the intent of this review is to establish whether it is feasible to pursue this under current applicable zoning standards. REPORT TO PLANNING COMMISSION - Case: ZC09-01, UP09-20, ED09-31, S09-02 & UP14-06 Page 12 Subdivision Ordinance Consistency: Title 15 Lot Consolidation The proposed merger of parcels pursuant to S09-02 to result in fewer lots would be consistent with the subdivision map act, and would address utility line and easement issues created by the multiple property lines. This action is considered appropriate and consistent with the current single ownership and use of the site by MSS. Staff is recommending that the revised property deed shall identify the open space area boundaries and restrictions on use and improvements. See Exhibit 4. Summary Vacation and Abandonment Jacoby Street is a short, 60' -wide, city -maintained surface -street accessed by Andersen Drive, which terminates directly at the site. A 30' -wide portion of the public right-of-way (ROW) for Jacoby Street currently continues from the end of improved Jacoby Street through the site before returning to Andersen Drive east of the site. In 1984, the San Rafael City Council (Resolution No. 6780) approved vacation of the northerly 30 -foot wide unimproved portion of this public ROW. Subsequently, abandonment of the remaining 30 -foot wide southerly portion of this unimproved right of way and the 60 -foot improved portion that is located within the MDD facility was approved for vacation and abandonment, but never executed. The Planning Commission is requested to review and recommend the abandonment pursuant to Ca Streets and Highways code, section 8300 et seq. The PC review of vacation of unused right of way is required in order to provide a recommendation on the future land use of the abandoned right of way. The PC must make the following affirmative determinations: o The Planning Commission has heard and considered evidence submitted by any persons interested in or objecting to the vacation request, and based on the evidence offered and all of the evidence submitted, that portion of said street herein described is unnecessary for present or prospective public street purposes. c The Planning Commission recommends to the City Council that that portion of Jacoby Street, located in the City of Sart Rafael, more particularly described herein In the attached plat and legal description(s), is unnecessary for present or prospective public street purposes and should be vacated and abandoned pursuant to Streets and Highways Code section 8330, et. seq. Staff supports abandonment of the small improved portion of Jacoby Street that is currently blocked by an access gate and the remaining unimproved right of way that extends through the MSS site easterly to Andersen Drive. The subject road rights of way are not necessary for public use, and continue to present the City with a maintenance obligation. Public agencies with utilities in the improved right of way have expressed no objection to the abandonment and MSS would be required to be granted utility easements as a condition of abandonment. Further, following consolidation of the parcels pursuant to S09-002, the right of way would not be necessary to provide public street frontage to the property. The applicant must pursue abandonment through the Department of Public Works and City Council. Once approved, the action would be completed through transfer of title to the applicant. This action has no effect on the proposed zoning entitlements, but could allow for future permanent improvements to occur within the current unimproved portion of right of way that extend through the site. Any future work must be in conformance with the PD and related zoning entitlements. A resolution recommending approval of the abandonment and vacation is provided as Exhibit 5, which is required in order for the applicant to pursue the abandonment. Formal abandonment would need to be pursued through the City Council. ENVIRONMENTAL DETERMINATION An Initial Study/Mitigated Negative Declaration (IS/MND) has been prepared for the project, which is required pursuant to the California Environmental Quality Act (CEQA) for development projects that REPORT TO PLANNING COMMISSION - Case; ZC09-01, UP09-20, ED09-31, S09-02 & UP14-06 Page 13 involve a rezoning or that may then potential to have a physical impact on the environment. On May 18, 2015 the Notice of intent to adopt a Negative Declaration was mailed and distributed and a public copy of the document was posted for a required 30 day public review period. The Planning Commission was also provided copy of the Mitigated Negative Declaration prepared for the project, and the referenced attachments, at the start of the public review period. Historic, cultural, drainage, biological and engineering reports have been prepared for the project. Historic review was conducted to discuss the former residence on the property which had been a known historic residential structure. This building was removed before the current property entitlements were granted for the MSS facility. The site also contains known cultural resources, and significant native trees and vegetation. Proposed site work would include grading for new fire lines in Parcel D, parking lot restriping, and installation of bio-swale, drainage and landscape improvements within the work area parcels A through D, and potential removal of paving in Area E. Therefore, cultural and biological evaluations were conducted to assure that proposed and anticipated site work would not impact sensitive resources on the site. Potentially significant impacts have been identified in biological and cultural resource areas as a result of the improvements and modifications that would. be permitted by the project. A Mitigation Monitoring and Reporting Program (MMRP) has been prepared consistent with CEQA requirements to address potential environmental impacts. The potential environmental impacts associate with the project that have been identified and addressed in 'the IS/MND are summarized below. All potentially significant project impacts would be mitigated to a less -than -significant level through implementation of recommended mitigation measures or through compliance with existing Municipal Code requirements or City standards. The recommended mitigation measures are listed in the Mitigation Monitoring and Reporting Plan (MMRP) included in the Initial Study/Mitigated Negative Declaration prepared for the project, The Initial Study/Mitigated Negative Declaration document has been prepared in consultation with local, and state responsible and trustee agencies and in accordance with Section 15063 of the California Environmental Quality Act (CEQA). Furthermore, the Initial Study/Mitigated Negative Declaration will serve as the environmental compliance document required under CEQA for any subsequent phases of the project and for permits/approvals required by a responsible agency. A draft resolution recommending adoption of the MND is attached as Exhibit 2, which must be adopted prior to action on the related zoning entitlements, Air Quality Impacts New construction is subject to compliance with the City Climate Change Action Plan/Greenhouse Gas Reduction Strategy and Bay Area Air Quality Management District CEQA Guidelines. Site grading for installation of fire lines and for relocation and removal of construction containers would have potential dust and vehicle emissions impacts that are subject to standard construction related mitigation measures specified in the MMRP. The project also includes evaluation of future waste to energy conversion facilities. Waste to energy conversion is a composting operation that would be consistent with and encouraged for the solid waste facility. These facilities reduce waste sent to landfills and allow for conversion of waste to energy, which has potential positive environmental benefits and contributes to reduction in greenhouse gasses. However, these facilities would require additional permits to be obtained from Marin County Environmental Health, the State Integrated Waste Management Board and BAAQMD in order to ensure they are installed and operated properly and in compliance with established standards and regional requirements. An odor impact minimization plan (OIMP) has been identified as required to address potential impacts and mitigate this potential to less than significant levels. Biological Resources There are no special status species identified on the site. However, there is a moderate potential for special status bat and migratory bird species to be found in the study area. Therefore, standard REPORT TO PLANNING COMMISSION - Case: ZC09-01, UP09-20, E11309-31, 509-02 & UP14-06 Page 14 mitigation is required to limit work in vicinity of trees and to require nesting surveys prior to any tree removal or ground disturbance in the vicinity of trees. Cultural Resources There exists a documented cultural resource in the Open Space Area E. However, no work is proposed in Area E, therefore, no further investigation or mitigation is required. There is a presumed potential for culturally significant remains to be uncovered during excavation. Since the project proposes new trenching work, standard mitigation Is included to address the potential for accidental discovery of unrecorded cultural resources or human remains. Hazards and Hazardous Materials Composting for waste to energy conversion produces methane, which is a desired bi-product that would be captured and used for fuel to generate electricity. Compliance with existing safety regulations and widely accepted industry standards would minimize the hazard to the public and environment. Prior to construction future conversion facilities, the applicant would be required to prepare and implement a Fire Safety Plan, to address and prevent the low likely occurrence of ignition of fires. Traffic The project would not increase actual existing traffic levels, based on the current level of operations (including unpermitted container storage). However, the project would be required to pay required traffic mitigation fees in order to legalize the additional storage containers placed on-site. These fees would be used to fund traffic improvements anticipated for build -out in the area pursuant to the General Plan 2020. The traffic analysis identified the historic traffic generated from the facility prior to use intensification and unpermitted expansion of storage container uses, and the current traffic generated, which is represented in Table 1 of the traffic report. Traffic mitigation fees must be paid for additional trips generated above the established 1992 baseline condition, as ultimately determined by the Department of Public Works. Based on the Department of Public Works review of the subject traffic report and its record on historical use of the property, it has been determined that the project use as proposed and conditioned with the total number of permitted public and MSS container storage uses has generated a total increase of 234 trips (162 AM and 72PM). The applicant has requested further adjustment of the fee, to reflect the following: (A) Reduce trips based on containers to be removed, from existing total of 752 to 682 combined public and private container storage. (B) Credit for the 240 public storage containers originally permitted in 1992. In memorandum dated June 2014, Public Works staff agreed to apply credit for reduction in net new trips based on removal of unpermitted containers. The final fee will be determined based on the net new trips that would result after project approval and containers to remain/be removed have been established and steps are taken to remove all unperrnitted containers, NOTICING ! CORRESPONDENCE A Notice of Intent to Adopt a Mitigated Negative Declaration and Notice of Hearing for the Zoning Change and Project Entitlements has been mailed, posted on-site, delivered to the State and County for posting, and published in the Marin IJ, in accordance with noticing requirements contained in Chapter 29 of the Zoning Ordinance and the California Environmental Quality Act (CEQA) Guidelines, The Notice of Intent and Project and Public Hearing was posted on and off-site, and mailed to all property owners and occupants within a 300 -foot radius of the subject site and the Neighborhood Association, responsible and trustee agencies, and all other interested parties more than 30 calendar days prior to the date of this hearing (Exhibit 7), Staff has not received any comments or issues to date. REPORT TO PLANNING COMMISSION - Case: ZC09-01, UP09-20, ED09-31, S09-02 & UP14-06 Pane 15 OPTIONS The Planning Commission has the following options: 1, Recommend opproval/adoption of the applications, as presented (staff recommended). 2. Recommend approval/adoption of the applications with certain modifications, changes or additional conditions of approval, 3. Continue the applications to allow the applicant to address any of the Commission's comments or concerns. 4. Deny the proposed amendments, and leave the current PD1580 and MUP in ph -ace. The project would be required to remove the wood storage located above the gabion wall 0r7 Parcel C and remove all unpermitted storage containers. EXHIBITS 1. Vicinity Map 2. Draft Resolution (Adopt MND) 3. Draft Ordinance (Rezone MSS & GGHBT - PD1580 & I to Revised PD & P/QP) 4. Draft Resolution (MSS Master Use Permit, Design Review and Lot Consolidation) 5. Draft Resolution (Jacoby Street Abandonment & Vacation Recommendation) 6. Current PD1580 Ordinance and Master Use Permit MUP96-8 7. Public Hearing Notice The following Exhibits were provided separately to the Planning Commission, and can be accessed online at: http.-Ilwww.cityofsanrafaeLorg/commdev-plant7it3 -proi-facilily/ • Project Plans • Initial Study/MND and Attachments; including Master Use Permit Application Materials & Project Description R9 2 PD PD PD I PD PD iC �T.•, PD Exhibit 1 Vicinity Map MSS and GGBHTD Sires rurLj PD ry PD PD PD PD D PO PD PD !' PO PD PD PD A2 -B2 PD -WO PD-" Exhibit 2 RESOLUTION NO. 15 - RESOLUTION OF TH.f' SAN IZAFAEL PLANNING COMMISSION RE'COMMUND1NG TO THE CITY COUNCIL ADOPTION OF A MITIGA'IFI) NI;GA`1'IVE DECLARATION AND APPROVAL, OF A MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) FOR TH E MAR1N SANITARY SIi1tVICE MASTER PLAN AMENDMF,NT PRO.IECT, INCLUDING PLANNED DEVELOPMENT (PD) REZONING, DEVEL OPMEN'1- PLAN AND USE PERMIT AMIENDMENTS LOCATED AT 1050 ANDERSEN DRIVE AND 535-565 JACOBY STREET APWS: 018-180-72 THROUGH -76, AND 018-11.1-03 WHEREAS, Marin Sanitary Service (MSS) submitted zoning applications ZC09-001, UP09-020, F,D09-031 and S09-002 to amend its current Master flan in order to address minor changes to its operational use areas, open space lands, and an unperm,itted expansion of.mini- storage uses on its properties totaling 82.15 acres and located within the PD1580 and I zoning districts; and WHEREAS, the zoning applications include a concurrent request by MSS and the Golden Gate Bridge Highway & Transportation District (GGBFfTD) to rezone 2.78 acres of lands owned by (;Gl3I-[TD from PD1 580 to P/QP and separately permit (UP14-006)the cxistin outdoor storage uses as interim uses on the property; and WI -I EREAS, the project includes right of way abandonment an.d right of way vacation requests for improved and unimproved portions of the 60' wide Jacoby Street right of way that extends through th.e site, which sahll be subject to separate action by the City Council; and WHEREAS, the project involves minor text and map amendments to an existing Planned Development District (PD) and minor revisions to use and operations of the existing Marin Sanitary Service municipal waste management facility with negligible change in intensity of usc; and WHEREAS, consistent with. the requirements the California Environmental Quality Act (CEQA), an Initial Study/Mitig.aled Negative Declaration analyzed potential environmental impacts of the project and identified potentially significant impacts on Biological Resources and Cultural Resources as a result al' anticipates] grading aclivitics. 'Tho existing and potential project impacts would be mitigated to less -than -significant levels through implementation ().['existing conditions of approval that have already been incorporated into the project and recomiiiended mitigation measures or through compliance with recommended conditions ot'projcct approval; and WHERt AS, notices regarding the Notice of Intent to Adopt Mitigated Negative Declaration prepared for this proiect were published in a local newspaper of general circulation in the area and mailed to surrounding property owners and occupants within 300 feet, pertinent agencies (including responsible and trustee agencies), organizations and special interest groups 30 clays in advance ofthe hearing, pursuant to Cl -"QA Guidelines Section 15072; and ]s''xhihil 2 - DraJl /t A7D Resolution WHURFAS, copies ofthe Mitigated Negative: Declaration sand MN4RP wcry inado available for a 30 -day review period by pertinent agencies <ind interested members of the public, comillellcirlt; on "['uesday, .May 18, 2015; and WNI:REAS, on June 23, 2015, the Planning Commission held a duly••noticed public hearing on the proposed project and the Mitigated Negative Declaration and MMRP, accepting all oral and written public testimony and the written report of the Department cel Community Development, and adopted a resolution adopting the Mitigated Negative Declaration, and WH R1?AS, (lie custodkin of documents which constitute the record of proceedings upon which this decision is based is the Community Development Department. NOW, TFIERI-YOR1:;, Tar 1T RESOLVI:D, that the Planning Commission does hereby recommend that the City Council adopt a Mitigated Negative Declaration and approve the N MJZP for the project finding that: The Planning Commission exercised its independent judgment and Analysis, considered staff's recommendation and comments received during the public review period, and determined on the basis of the whole record before it that the Mitigated Negative Declaration for the project is appropriate and consistent with the provisions of'CEQA in that: m The Planning Commission exercised its independent judgment and analysis in evaluating the Mitigated Negative Declaration, which has been considered ill conjunction with comments received during the public review period and at the public hearing. Based on review of the whole record, including the initial study prepared for the; project and comments received at the public hearing, the Planning Commission has determined tha(11ie Mitigated Negative Declaration for the project is appropriate and consistent with the provisions of CEQA. Further, potentially significant impacts on Biological Resources and Cultural Resources could result from the project due to anticipated grading oil an environmentally sensitive site. Flowever, project impacts would be mitigated to loss -than -significant levels through implementation of mitigation measures identified in the Mitigated Negative Declaration prepared for the project, as well as through compliance with conditlolls of proiect approval that 1.1ave been identified and incoi-porated into the existing project operations. Mitigation measures have been identiCed in a mitigation monitoring and reporting program prepared Lor the project, which is adopted as a part of the Initial Study/Mitigated Negative Declaration prepared for the MSS project; and will be required as conditions of the pro}ect approval to mitigate against any potential, though unlikely, environmental consequences that could occur to known biological resouroes and cultural resources as a result of site grading or tree removal associated with anticipated site work required to upgrade the site fire suppression equipment or as a result of future potential structure improvements. -2- * The proposed mitigation measures and conditions of approval are sufCeicot to miligate identified impacts on Biologjcal and CORLIra] Resoltl'CCS as dOCUMCnted in the ltlitial StUdy/Mitigated Negative Declaration and as further discussed in the Planning Commission Staff Rcport and in response to ally comments received at and prior to the project public hearing. a Potentially significant envirormiental impacts were not identified for any other environmental impact categories and there is no substantial evidence that the project will have a significant effect on the environment. The. foregoing Resolution was adopted at the Mgular City of San Rafael .Plarming Commission me:cting held on. the lune 23, 2015. Moved by Commissioner AYES: COMMISSIONERS N0ES: COMMISSIONERS ABSENT: C:ONI'MISSIONERS and seconded by Commissioner - -- — -- - SAN RA:VAEL PLANNING COMMISSION A TTE, ST: BY: Paul A. Jensen, Secretary Barrett Shaefer, Chair ATTACHMENT: Initial Study/Mitigated Negalive Declaration and MMRp fur the: Marin Sanitary Services Master Plan Anmidmem Project -3- Q d U v C 5 � O 7 O u aU u O q N "O O vai v C bA aA a w u c bA o G) uM 3 Ca" ;Al bb :' C ra a c bA o C IF B ` a o B o � U � c o .d r Y u 'L v n Q W o N u E5 a) v as a) y o C GD m O v O u A Y. CQ c V a U `" 4)OL m> y ca N O U N U C7 .�..."' > k- a * v 'co bn p Q bD a v K n �, m U C, O O 'p n O v' O r 'l7 O 03 L) s. o W M Q v in a o 0'En bn Ca m I- A O �n > 'G m 0. a5 a) O Ute., on ^ .�G .� U Q ,o 'ro ? 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Q 0 m c A o id j "¢ p E 1N 4 0� epi O. r4 bA u c v m C.cv L _o oaa� U co bA 2;' 0 n C I O w sz ►O Exhibit 3 RESOLUTION NO. 15- P.ESOLUTION OF THE SAN RAFAE1 PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL ADOPTION OV AN ORDINANCE REZONING CERTAIN RPAI . PROPERTY FRO M']'iIIJ PLANNED DEVELOPMENT DISTRICT (I'D 1580) AND-I,]IE' INDIJSTRIAL (I) DISTRICT TO A REVISED PD DISTRICT" AND A P/QP DISTRICT' (ZC09-001) AM1~,NDfNG SAN RA.TaAEL MUNICIPAL CODh, TITLE 14 — ZONING, SPEC]FICAIA,Y AM:ENDMING'rl-[E TEXT AND MAP OF THE MARIN SANI'T'ARY SERVICF. MASTER PIAN AND LOCATIsD AT 1050 ANDERSEN DRIVE AND 535-565 ,JACOBY STJUJ'ET A PN' S: 018-180-72 THROUGH -76, AND 018-141-03 WFIERFAS, Marin Sanitary Service (MSS) submitted zoning applications ZC09-001, UP09-020, ED09-031 and 509-002 to amend its current Master Plan in order to address minor changes to its operational use areas, open space lands, and an unpennitted expansion of mini - storage uses on its properties totaling 82.15 acres and located within the PDI 580 and I coning districts; and W1°IEREAS, the zoning applications include a concurrent request by MSS and the Golden Gate Bridge ITighway & Transportation District (CiGBIJTD) to rezone 2.78 acres of lands owned by GGBHTD from PD 1580 to P/QP and separately permit (UPI4-006)the existing outdoor storage uses as interim uses on the property; and WHE'U'AS, by adoption of a separate resolution, the San Ralael Planning Commission has recommended that the City Council adopt the Mitigated Negative Declaration and Mitigation Monitoring a.nd Reporting Program (MMRP) prepared for the MSS Master Plan Amendment Project as the CEQA environmental docun-cit for the project; and WHEREAS, on June 23, 2015, the San Rafael Planning Commission held a dilly noticed public hearing oil the proposed zoning amendment requests and related entitlements, accepting all oral and written public testimony and the written report of the Community Development Department staff. NOW THEREFORE BE IT RESOLVED, the Planning Commission makes the following findings pursuant to San Rafael Municipal Code Title 14 relating to the zoning amendments: Findings (ZC09-001) A. The Planning Commission exercised its independent judgment and analysis, considered sta'ff's recommendation and comments received during the public review period, and determined on the basis of the whole record before it that the Mitigated Negative Declaration for the project is appropriAtC and cunsistetlt with the provisions of CEQA in that: a, The project involves minor text and map amendments to an existing Planned Development District (PD) and minor revisions to use and operations of the existing Kvhibrl 3 — nrafi Rezoning Or•c(inonce Maria Sanitary Service municipal waste management facility with negligible change in intensity of use, and b. Removal of unpermittcd improvements in open space and work areas of the. site has occurred acid preservation of existing hillside open space areas and %,gctation in. the open. space Area F is required as a condition of use permit and lot consolidation approval, and c. Mitigation measures have been identified in a mitigation monitoring and reporting program prepared for the pro ect and will be requil•ed as conditions of the project approval to mitigate against any potential, though unlikely, environmental consequences that could occur to known biological resources and cultural resources as a resull ot'site grading or tree removal associated with anticipated Site work required to upgrade the site Tire suppression equipment or as a result of future potential structure improvements, and d. There is no substantial evidence that the project will have a significant effect on [lie enviromnent, B. The; proposed amendment of the subject 82.1.5 acre and 2.78 acre properties from PD 1580 and 1 to revised PD and P/QP is consistent in principle with the General flan 2020 given that the rezoning wou Id: a. Provide zoning designations for the subject Marin Sanitary Service facility and Golden Gate Bridge District properties that would Allow continuation of the existing land uses and activities occw7•ing on the subject properties b. The existing open space, interim outdoor storage, interim container storage, ancillary animal peeping and waste managementfacility uses and activities are consistent wilh the underlying, General Plan 2020 Industrial and Conservation land use designations that apply to the properties. c. The new PD and P/QP zoning designations would be appropriate for the future anticipated potential devetopment anal/or re -use ofthc subject properties. C. The public health, safety and general welfare are served by the adoption of the; proposed amendment in that it accommodates existing and future uses for the sites consistent with the needs and desires of the City and property owners in a manner that is consistent with the City oT•San Rafael General Plan 2020 and compatible with surrounding public, private and open space land uses, and all uses on the properties are subject to prior review and approval and ongoing compliance with larld use permit approvals granted for each of the sites which assures ongoing compliance and regulation of the properties would occur. NOW THERFIiORB BCS IT FIIRTHCR RESOLVED, based on the above findings, file Planning Commission recommends to the City Council adoption of amendments to the Marin Sanitary Service (MSS) Master Plan, Planned Development District text and the City of San Rafael Zoning Map as indicated in Attachments A and B, incorporated het•cin by rclercnce. -2- The foregoing Resolution was adopted at the regular City of .San Rafael Planning Commission meeting held on the Jute: 23, 2015. Moved by Commissioner AYES: COMM[SSfONE.RS NOES: COMMISSIONERS ABSEINT: COMMISSIONERS and seconded by Commissioner SAN RAFAEL PLANNING COMN/l [SSION ATTEST: BY: Paul A. Jensen, Secretary Barrett Schaefer, Chair ATTACHMENTS: 1MENTS: A. MSS Planned Development District Land Use and Developnncnt Standards B. MSS PD and G(3BHTD P/QP Re-%oning Map C. Legal Descriptions (MSS and GGBHTD) -3- Attach.m(mt A Mai -in Sanita►y Service (MISS) ]'limned Development (PD) Zoning District & Development Standar-CIN A. Planned Development District Arca The land Area included in the MSS PD zoning district shall include 82.15 acres of the MSS property depicted on the attached Land Use Map cxhi.bit (attachment B) incorporated by re(crence,and legal MSS property description exhibit (in attachment C) incorporate by reference, encompassing approximately 82.15 acres, 13. Purposes The primary purposes of this PD district are to implement the properties General Plan 2020 Industrial and Conservation land use designations as follows: 1) Establish permanent an.cl interiiri uses and activities on the industrial designated Marin Sanitary Service waste i anagoment facility property that serves City of San Rafael ,and Merin County residents by providing municipal waste handling and recycling facilities, composed of a variety of waste management activities and uses including but not limited to solid waste and hazardous materials collection, processing, transfer, storage, treatment, disposal, composting, resource recovery and recycling operations, debris box and interim storage container and ancillaiy animal keeping activities; and 2) Continue to protect and preserve the existing prominent scenic hillside open space and San Quentin ridgeline area located on the open space/conservation designated portion of the Marin Sanitary Service property in a natural state. C. Master Use Permit Requirement To promote the purposes of this PD district, all uses on the property shall be conditionally permitted under a Master Use Permit, Which shall identity the aGtivihes permitted within designated land use areas shown on the Zoning District and Land Use Map exhibit and described herein. D. Land Use Areas lnclustrial - Operational Areas: The operation areas (Areas A through D) ,may be used for municipal waste managen.aent. Uses ,shall be established by conditional use permit. Conservation - Open Space Areas: The open space (Area 17) shall be restricted as private open space, aril may only maintain an existing Iegal norimiCorming 1,886 square foot private maintenance storage shed, a small bee keeping use, animal grazing for vegetation -4- management; and maintenance of permitted paved and unpaved -fire access roads. Routine maintenance of trees and vegetation is also permitted Cor fire management I)LIt'pOSCS. Fencing, signage and boundary markers shall designate the open space area boundary arid prevent encroachment with operational activities, I?. General Development Standards .Floor Area: Industrial use Areas A through D shall be subject to a 0,38 industrial Floor area t limitationi'oi' storage and industrial facility operations, including up to twenty-five percent (25%) administrative oflice space allowance, Mini -storage uses may be perillitted to exceed the floor area limitation, consistent with the provisions ofthe Zoning Ordinance. The open space/conservation use Area E shall be subject to a 0.0 floor area allowance; except that one existing legal Icon-confoniiing 1,886 square maintenance/storage Structure may be maintained In good repair and condition consistent with the nonconforming use and structure provisions ofthe Zoning Ordinance. Yards: The minimum required firont yard setback from Andersen Drive shall be 10 fect. This setback shall be landscaped. Maximum. Building Height: 36 feet Minimum l_.andscaping: 10% Development of the site with additional structures, uses or improvements shall. be reviewed based on (lie San Rafael Zoning Ordinance requirements (i.e., Site and Use Regulations, Performance Standards, Signs, and Enviroimental and Design Review). Should any conflicts arise between the provisions of this PD district and the additional Zoning Ordinance development standards, the community development director shall which standard is appropriate-. 1'. Parking Requirements: Parking for uses shall be established by the Master Use Permit, based on the San Rafael Zoning Ordinance Parking Tables. G. Amendments Revisions to these MSS Ptd Development District and Zoning Standards dOOLldilelit may be considered consistent with the provisions established in the Zoning Ordinance [End of document] - 5 - Atlach.ment B PD and P/QP Zoning District and Lancs Use; Map [Insert Diagram] -6- ATTACHMENT B MARIN SANITARY SERVICE (MSS) PD REZONING AND GOLDEN GATE BRIDGE AND HIGHWAY TRANSPORTATION DISTRICT (GGBHTD) P/QP REZONING (2 REF. NORTH P -D PERMITTED USES: PD - OPEN SPACE mPD - INDUSTRIAL ♦� PROPERTY Q. �w�w� USES AS SPECIFIED BY A USE PERMIT APPROVED BY THE PLANNING COMMISSION Exhibit C Legal Descriptions [insert Legal Description] -7- Exhibit 4 RESOLUTION NO. 15 - RESOLUTION O1'"1HE SAN RAFAF11 PLANNING COMMISSION RECOMMI NDING TO `l'l-ll? C1"FY COUNCIL APPROVAL OF AN ENVIRONMENTAL AND DESIGN RHVIEW PERMIT (ED09-031), MASTER USE PERMIT (UP09-020), AND LOT CONSOLIDATION FOR AMENDMENTTO THE MAR1N SANITARY SERVICE FACILITY MASTER PLAN LOCATED AT 1050 ANDERSEN DRIVE AND 535-565 JACOBY STREET APN'S: 018-180-72 "1''HROUGH 76 WHEREAS, Marin Sanitary Service (MSS) submitted zoning applications ZC09 001, UP09-020, LD09-031 and S09-002 to amend it$ current .Master Plan in order to address minor changes to its operational use areas, open space lands, and an unpermitted expansion of mini - storage uses on its properties totaling 82.15 acres and located within the PD1580 and 1 /oning districts: and WHF.,REAS, by adoption of a separate resolution, the San Rafael Planning Commission 1has recommended that the City Council adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (MMRP) prepared for the MSS Master Plan Amendment Project as the CCQA environmental document for the project; and WHEREAS, by adoption of a separate resolution, the San Rafael Planning Commission has recomm.c.nded that the City Council amend the 82,15 acre Marin Sanitary Service site from PD 1580 and I zoning district to revised PD district; and WHFRRAS, by adoption of a separate resolution, the Sat) Rafael Planning Commission has recommended that the City Council amend the zoning for the 2.78 acre 0olden Gate Bridge 1 Iighway &. 'Transportation District (GG I- HTD) lands located at APN 016-141-03 from PD1580 to P/QP; and WHEREAS, the existing outdoor storage uses on the 2.78 acre Golden Gate Bridge Highway & Transportation District (GGBHTD) lands may continue as interim users until such time as these use cease, which is anticipated to occur by May 2015; and WHEREAS, on June 23, 2015, the San Rafael Planning; Commission held a duly noticed public hearing on the proposed Use Permit, F'rivlronmental and Design Review Permit and Lot Consolidation requests (UP09-020, ED09-031 and S09-002), accepting all ol-al and written public testimony and the written report of the Community Development Department staff. NOW TI -II R.F,FORE BE' IT RESOLVED, the Planning Commission. makes the following findings relating to the Use Permit, Environmental and Design Review Permit and Lot Consolidation requests for the N4SS project: 1:_-Mibit 4 — Resolulion of Loping Approi,al Use Permit Findings (UP09-020) A. The Planning Commission excrcised its independent jiidpment and analysis, considered stnfl's recommendation and comments reccivod during the public review period, and determined on (tic basis of the whole record before it that the Mitigated Negative Declaration for the project is appropriate and consistent vvilh il�e provisions of CGQA in -that: a. The project involves minor text and neap amendments to an existing Planned Development District (PD) and minor revisions to use and operations of` the existing Marin Sanitary Service ►municipal waste m.anagement facility with negligible change in intensity ofuse, and L). Removal of unpernnitted improvements in open space and wort: areas of the site has occurred and preservation of existing hillside open space areas and vegetation i.n. the open space Area E is required as a condition of use permit and lot consolidation approval, and c. Mitigation measures have been identified in a mitigation monitoring and reporting program prepared for the project, including I'uture anticipated waste to energy conversion facility equipment, and will be required as conditions of the project approval to mitigate a;ainst any potential, though unlikely, environmental consequences that could occur to known biological resources and cultural resources as a result of site grading or tree removal associated with ,anticipated site work required to upgrade the site Fre suppression equipment or similar and other impacts identified that may occur as a result of future potential equipment or improvements, and cl. There is no substantial eviderrcc that the project will have a significant effect on the environment. B. The use as proposed and conditioned is in accord with the General Plan, the objectives of the Zoning Ordinance, the specific purposes of Chapter's 14.07 (Planned Development District), 14.16 (Site and Use Regulations), 14.15 (Parking. Standards), 14.22 (Use Permits) , 14.25 (Design Review), and 14.27 (Amendments) as follows: a, The existing and future anticipated waste management facility uses, interim storage uses, and private open space uses are consistent with the underlying General Plan 2020 Conservation and Industrial land use designations which support the continuation of these existing activities on the site. b. The proposed MSS Master Plan Amendment has been reviewed i'or consistency with the applicable zoning provisions which assure that the zoning ordinance general pirrposcs contained in SIWIC Section 14.01.030 are satisfied. c. The specific standards of the PD zoning have been satisfied based on the tact that the project has been rezoned to a revised I'll by separate ordinance that includes development standards and zoning provisions that implement the underlying General Plan 2020 Conservation and industrial land use designations. cl. The specific purposes of the applicable zoning ordinance provisions have been satisfied based upon the evaluation of the project for consistency with all applicable standards referenced above, Including public review of the project entitlements, and by confirmation in staffs report and thfough the public review process that the site and use regulations, parking standards. use permit and design review criteria and findings have been considered and adequately addressed. C. The use as proposed and conditioned is consi.slent with the applicable zoning provisions given that the Master Use Permit would comply wiih the PD district development standards adopted for the site tial: briplernentthe underlying General Plan 2020 land use designation. Furthernom, the standards adopted for the site are entirely in keeping with the 36 -foot maximum height limit, 0.38 maximurn industrial floor area and 0.0 maximum open space floor area limitations, reasonable parking requirements, outdoor storage limitations, lot coverage and setback standards, landscaping and related development standards established by the Zoning Ordinance and General Plan 2020 for the site and adjacent developed industrial, commercial and open space areas. D. As conditioned, the project minimizes adverse environmental impacts and will not be detrimental to Clic: public health, safety or welfare, nor materially injurious to properties or improvenlcnts in the vicinity given that the project has been reviewed by Clic appropriate agencies and conditioned accordingly. Environmental and Design Review Permit Findings (ED09-031) A. The master design approval is in accord with the General Plan 2020 and the objectives of the Zoning Ordinance as outlined in Use Permit 09-020 Finding B above. B. The master design approval is in accord with the purposes of Chapter 14.25 (Design Review) and consistent with all applicable site, architecture and landscaping design criteria and guidelines for the subject PD district in which the site is located as follows. a. The site development complies with the existing and amended PI) district criteria and development plan established for concurrent zoning amendment ZC09-001, as further outlined iti.Use Pormit 09-020 Finding C above b. The project would require enhancement and upgrade of the existing facility through new parking and landscaping improvements and no new construction is currently proposed that would alter the character of the site, c. The design criteria in Chapter 14.25 would be satisfied based on the minimal change proposed and requirement that any further improvements shall be subject to subsequent design review and approval. d. The building and improvements are appropriate for the proposed industrial and open space uses and compatible with surrounding developed commercial and industrial uses in the vicinity. e. No significant work or alterations arc proposed within the hillside, wooded open space of Area l f. Site access and circulation improvements would result in safe and efficient vehicle and emergency vehicle circulation, Conditions of approval require ongoing site maintenance. - 3 - h. Upgrade to existing sites is encouraged in the Canal Neighborhood, There are no specific Canal Neighborhood design criteria that apply to the site. C. As conditioned, and discussed in. Use Permit UP09-020 binding A, the project design improvements minimizes adverse environ-niental impacts. D. As conditioned, and consistent with the Use Permit UP09-020 finding D, the pro?ject design will not be detrimental to the pr.tblic health, safety or welfare, nor materially injurious to properties or improvements in the vicinity given that the project has been reviewed by (he appropriate agencies and conditioned accordingly. Lot Consolidation Finding~ (S09-002) A. PLlrsUant to San Rafael Municipal Code Chapter 15.05, the consolidation of Parcels A through E into one parcel is appropriate .and consistent with the City Subdivision Regulations, the State Subdivision Map Act, the property revised PD zoning, and building code requirements Liven that it is required to address areas of noncompliance with zoning standards, to allow extension of utilities to parcels that are currently land -locked and to assure ongoing maintenance of the property and preservation of (.lie open space portion of the site by the current single property ownership. B. As proposed and conditioned, the lot consolidation would not have any adverse enviromilental impacts or affects to the health, safety or welfare of th.e general public or surrounding properties, as discussed in Use Permit 09-020 Finding A and D above. BE IT FURTHRR RESOLVED, that the Planning Commission of the City of San Rafael recommends to the City C..OutlCII approval of the Master Use Permit, Fnviron.mental and Design Review Permit and Lot Consolidation subject to the following conditions: Use Permit Conditions (UP09-020) Conrrrnrrnil), Develof)menl Delmi-I 0111, Planning Division General Conditions t. 11his Master Use Pernii1 approval is granted for the continued operation of a waste management facility use on the subject property at 1050 Andersen Drive and 535-565 Jacoby Street, primarily established to provide municipal waste recovery, recycling, reduction, transi:er and disposal of L11r.Llllclpal waste material, acid related services to San Rafael and surrounding conmuni ties within Marin County, as specified herein. This approval includes the future rt1C1Us1On O1 new activities and technologies such as composting, waste to energy conversion equipment, etc., that are determined by the Community Development Director and local waste facility permitting agency to be consistent witlt the primary facility purpose to collect, process, manage and reduce municipal waste sent to sanitary landfills. 2. This Master Use Permit approval (UP09-020) shall supersede all prior use permit approvals granted for (lie approximately $2.15 acre Marin Sanitary Service (MSS) site, and shall apply -4- to all existing and future uses on the properly. Any future changes in rises of the site shall be subject to prior review and approval by the Planning Division for compliance with this use permit, the Master Development Plan, and to determine whether any amendment of the Master Use Pern7it shall be required. 3. The applicant shall obtain all regtuired permits(s) from local and state agencies as required prior to construction of any additional facility improvements and for ongoing operations of the waste management facility; including but not necessarily limited to the Marin County I zivironmentat Health, State Waste Resources Control Board, Ca Integrated Waste Management Board, Regional Water Quality Control Board and Bay Area Air Quality Management District. 4, Copies of permits required from the Ca Integrated Waste Management shall be provided to City upon request, prior to issuance of permits for construction of facility improvements. 5. All uses of the site shall be consistent with the Planned Development zomng approval ZC09- 001, establishing the Master Plan and Zoning Standards for the subject site. 6. The owner shall obtain separate permits for construction and / or establishment of waste management facility uses and site improvements allowed consistent with this master use permit approval. This includes but is not limited to any required building permits, grading permits, encroachment permits and / or utility connec(ions. 7. New structures and / or site improvements shall be subject to subsequent design review and approvat as required by the Master Development Plan and/or zoning district standards or determined by the. Community I)evelopment Director. '_phis includes but is not limited to any new grading, new permanent struetrrrr;s for outdoor storage areas, caretaker unit, animal shelters, significant landscape modifications or new Parking or lighting improvements, Permitted Land Uses S. Marin Sanitary Service (MSS) Waste Management Facility operations shall be permitted within the designated "work areas", Areas A through D as shown on the Master Use Permit Land Use Map (development plan). These work areas are generally located at the base of the. property Hillside slope, outside of and below the open space Area B, in previously filled and graded site areas. The work areas contain all structures, outdoor yard and n.taterials processing areas, ancillary sales and storage of resource and recovery materials, and interitnn storage uses permitted as a part of the MSS facility operatiotls, Area 1I is a steeply upsloping and wooded portion of the site extending up to San Quentin Ridge and San Rafael corporate boundary to the, south that shall be preserved and maintained as private open space. General uses and activities pern.n.itted in. the work and open space areas are as follows: Area A -- Approximately 12.2 acres of MSS property area located at 1050 Andersen Drive, between Andersen Drive and Jacoby Street, containing the majority of the MSS waste; management facility buildings (i.e., recycling center, transfer stations, resource recovery; household hazardous waste, metals and wood materials recovery, administrative offices, 72 covered truck parking and loading docks, etc,) The area contains approximately 237,716 square feel in building area and 54,307 square feet of -5- covered packing structures. An educational classroom facility associated with the MSS use has historically been located on the upper floor of the recycling building, Arca B - Approximately 5.12 acres youth of .racoby Strect at the site entrance of Jacoby Street, permitting the following: a} Up to 395 portable container unite for public self-storage/con tractor storage, as an intef-im use of the site area which shall be reserved for future operational activities and -uses. b) Existing small animal husbandry pen and shelters housing approximately 50 barnyard' animals (e.g., swine, goats, horses used for stripping yard waste) as interim use of the site area, C) Future MSS facility operations, including but not limited to inert processing; storage, recycling and anciIiary sales of materials. + Area C — Approximately 5.92 acres just cast of Area A and Area B, used for inert processing operations including concrete recycling recovery and bulls storage of soil products (including interim retail soils sales use by A&S landscape Materials), fire Wood storage above a gabion wall, and ancillary sales of materials associated with and in support of recovery operations. No existing; structures currently. Area D —Approximately 8.03 acres at the west end of tllc site, permitting the following: a) Inert processing operations including bulk storage and soil recycling b) Up to 54 portable container units (ter MSS operations. c) Up to 233 portable container units for public self-storage/contractor storage, as an interim use of the site area which shall be reserved fov future operational activities and uses. (1) 10,200 square foot Resource Recovery and Storage building, Ancillary sales of materials associated with and in support of recovery operations is also a part of operations. e) Future MSS facility operational activities and uses Area E — Approximately 50.87 acres shall be preserved as private hillside open space, south of the operational "work" areas A through D. This Area contains paved -fire roads, limited grazing, bee and Animal keeping, and a 1,886 square foot existing, storage shed located ,just above 100 foot contour elevation clear the common border of Area C and D. The following specific conditions apply to the open space Area C: a) The open space boundary for Arca L shall be permanently established to protect and secure the area as private open space, as sho-wn on the approved development plan map that addresses existing encroachments, ranoval of unpermitted uses and activities, and installation of gates and markers to clearly demarcate 111c open space boundary. b) The. restriction on use of Area L as private open, trace shall he included in the revised property deed description, c) The approximately 265,000 square feet of concrete paving placed on the five roads and creating excess paved areas throughout the private open space Area L may be permitted to remain, provided that: they shall not be expanded nor used for storage of any materials or containers .in a permanent or temporary based. - 6 - (1) Removal of concrete paving may be allowed subject to obtaining any required gra.cling permits from the City. e) Limited structures for existing permitted animal keeping operations may be maintained, and may be replaced subject to prior review and approval by the Planning Division. Ininlementation o•f Use & Ongoing 9. All five (5) MSS facility Parcels A through L shall be merged as one legal lot of record, lnu:suant to concurrent Tot Consoliclation Approval S09-002. The lot eonsolidati.on deed shall describe the Open Space Area L boundary and limitations on use and access fen• this area, which shall be maintained as private open space with limited uses and improvements as described in use permit condition 8 above. 10. If the improved portion of Jacoby Street right oh way (located at the westerly end of the site and within the current access gates) is abandoned and title is transferred to the applicant, this area shall be covered by the master use permit and generally be identified as a part of Area B. The following parlcinfi requirements shall apply: a) On-site parking for the use shall be increased from the pre-existing 198 spaces to 228 spaces, as indicated on approved project plans. b) Additional parking for new or expanded buildings shall be required as determined by the Community Development Director based on review of the subject PD zoning standards and Municipal Code regulations. c) Off-street parking spaces for en-►ployees and visitors shall be maintained clear of materials and / or storage and available for parking at all times. d) The applicant shall install at least three (3) spaces for alternative fuel vehicles. Further, pre -wiring for electric vehicle charging stations shall be considered. e) New or additional bicycle parking spaces shall be provided at 1050 Andersen Drive (Area A), consisting of at least two (2) short-term Parking spaces. 12. The following limitations on hours of operations shall apply to the MSS facility use: a) On weekdays, MSS waste management facility shall. be permitted to operate from 6AM and close to the public no later than 4:00 PM Monday through Friday, with the following restrictions: i. Signage shall be posted and maintained on the site access gates that states "Gates Close at 4:00 PM". ii. No additional vehicles shall be permitted to enter the facility for waste management services alter 4:00 PM. iii. No further vehicle queuing shall be allowed if vehicles cannot be served by the 4:00 I'M closing tune. b) On Saturday and Sunday [lie 'facility operations shall be permitted during normal daytime Hours of 6AM to 9PM, and compliance with the City Noise Ordinance. -7- C) Use of educational classroom facilities (currently established on the upper floor of the existing recycling facility building; on Area A) may be re-opened after 6:30 PM Monday through friday. 13. The following additional operational restrictions shall apply to the MSS facility use: a) On-site disposal or storage Of waste material collected by MSS and intended for transfer to a landfill is not permitted. b) Open burning Of waste material is not proposed, nor permitted. c) This use permit approval does notinclude approval -Cor any ofr-site work areas. d) Perimeter fencing with privacy slat screening shall also be maintained between the site work areas and adjacent developed properties to the north, east and west, as necessary to screen site activities from public view. e) Materials, vehicles and containers stored within the approved work areas shall, in general, be kept no higher than. twenty beet (20') above the ground surface. i) Appliances and other metal parts to be crushed shall have all liquids remove l only in accordance with nationally accepted practices and federal, state and local laws and ordinances. All such liquids shall be collected in containers and prevented from entering sewer's and storm drains, and disposed of off-site in accordance with state and federal standards for the materials. g) Stored (unused) debris containers shall be drained, covered and maintained to prevent retention of rainwater. h) Miner expansions and/or alterations of buildings and uses may be allowed to accommodate future waste management needs of the communities sewed by MSS and which are determined by the Community Development Director to be minor and consistent with the master use pen-nit approval and development plan. i) Design review approval shall be required for JIM structures or improvements, as required by the Municipal Code, and/or as determined by the Community Development Director. j) One (1) caretaker ttnit may be provided on-site, subject to review and approv�il of the size and location by the Planning, Department and issuance of'a building permit. lit. The. following noise, odor and hazardous materials controls shall apply to the use: a) The site activities shall not result in or generate noise levels that would exceed 70 dBA (I,dn) measured at the property exterior boundary lines. b) All machinery within buildings and vehicles within yard areas shall be properly maintained and inurned. C) MSS shall manage and control potential odors associated with its waste recovery, transfer and handling to assure that undue odors from waste management operations are not detectable off-site. /additional measures shall be regUirecl if the site generates future odor issues as a result of facility operations. SIB d) Measures to control dust and debris shall be implemented at all times. Public contact with reclaimed water utilized for dust control purposes shall not be allowed. C) an -site composting activities shall be governed by state regulatory authorities including Regional Water Quality, Regional Air Quality, and subject to best management practices. t) All required local or state toxic waste permits Crom the Bay Area Air Quality Management District shalt be maintained as required Cor the site. A "risk screen" which analyzes potential toxic en.iissions for the household hazardous waste col lection center shall be prepared/maintained/updatecl, as required, g) Mitigations affecting the generation of odors associated with the facility operations, including within the on-site transfer station and materials recovery building, shall be consistent with mitigations idenlified in the Report of Station lnt'orlrlation (solid waste permit) (submitted for prior UP96-8). h) Mitigations affecting the generation of noise associated with the facility operations, including within the on-site transfer station and materials recovery building,, shall be consistent with mitigations identified in the Repoit of Station lnfonnation (solid waste permit) (submitted for prior UP96-8). Specifically, employees located within these facilities shall be provided ear plugs. i) Mitigations affecting the load checking program for illegal l.lazard0us waste disposal within the on-site transfer station and materials recovery building, shall be consistent witli mitigations ldentllled in the Report of Station Information (solid waste permit) (submitted for prior UP96-8). j) Construction and daily operations of the facility shall be in accordance with the `Proposal to Establish an Household hazardous Waste Collection Center and Operate a Mobile Satellite Facility', prepared for the County oi' Marin (per prior UP96-8). k) The following measures have been required to incorporated into the permit and shall be enforced for the duration of the use and Future modifications: (1) The hazardous materials collection area shall be covered with a metal roof with bins provided for materials; (2) each hazardous material shall be stored in separate containers; (3) An employee training plan shalt be prepared atld implemented; (4) A separate drainage plan for the facility shall be prepared; (5) Appropriate fire extinguishing equipment shall be located on-site; (6) Customers shall remain in vehicles during the removal of the household hazardous waste materials. 1) Recycling of motor vehicle oil, car batteries, later paints shall be consistent with the Ilazardous Materials Management flan established for the operations of this facility. (per prior UP96-8) 15. The interim public and contractor storage container use shall be subject to the following conditions; ta) Approval of up to 628 containers is granted for rent to the general public and/or contractors for personal storage use, subject to the payment of traffic mitigation fees -9- for increased trips above the baseline level established by DPW (e.g., 240 existing storage containers as approved in 1992). b) Public storage container rise within Area 13 shall maintain a six -toot (6') high chain- link fence enclosure with privacy slat inserts around the use. c.) All containers including any additional storage containers proposed for use by MSS Shall be sul�jcct to prior review anti approval of placement by the City Community Development Department, lire Department and Public Works Departments. d) Administrative design review shall be required for modification of container Placement, 16. The ancillary animal husbandry area of the project shall be consistent with the following conditions. a) Pens shall be cleaned at least once a day to remove animal waste in solid bedding. b) Fresh straw/woodchips and / or sawdust "bedding" shall be applied to the area on a weekly or bi-weekly basis. c) The "bedding" and other solid waste material. shall be deposited in a closed clumpster prior to disposal off-site to prevent flies and pests. d) Dumpstcrs shall be cleaned routinely to prevent -fly breeding. e) The area shall be swept free of all debris, ictal material and food wastes before washing this area down. t) Food shall be adequately stored in an area that is kept clean and is sealed to prevent attraction of rodents, g) All activities within the animal husbandry area shall comply with the requirements or i-ccom.mendations of the Marin Humane Society. IT Site and building improvements, as well as all new required parking, landscaping, drainage, and associated proposed and required site improvements shall be installed and maintained in canplianct; with the requirements of concurrent approval ED09-031. This shall include, but not be limited to the following, as indicatc d on approved project plans and/or required herein: a) Install new drainage improvements, storm -water bio-swales and landscape improvements. b) Provide improved fire protection for the site (e.g., new 8" fire lines with th1•ee new fire hydrants in Arca 1), new lire hydrants in Area. C, one new Hydrant in Area 13, or as otherwise approved by the Fire Department at time of' issuance of' required construction/grading permits). c) Itlstatl separation fencing, sates and/or posts to demarcate the open space boundary Area E from work areas, Area I3 through D. d) Provide signage on access gates into open space Area E identifying that the area is Restricted Private Open Space. -10- c) Obtain a building permit and final inspections for the g,abion wall constructed in Area C. f) Install landscape screening as indicated on approved plans. gf Install/maintain lighting for the site as required by project design approvals, ED09- 031. 18. Prior to approval of installation of future bio -mass and/or anaerobic digestion equipment on the site, the applicant shall prepare and implement a Fire Safety Plan that outlines fire hazards, describes facility operations procedures to prevent ignition of fres, requires regular inspection ol' Eire suppression systems, antiprovides worker training in safety procedures as well as protocols for responding to fire 'incidents. The fire Safety Plan shall be reviewed and approved by the local fire enforcement agency, (implement Mitigation Measure HAG -1). 19. Project environmental mitigation measures shall be implemented and traffic mitigation fees for the container storage uses shall be paid as identified in the design review conditions ED09-031. 20. This amended Master Use Permit approval :for NISS shall be valid for the duration of the use. However, within sixty ('h0) days from date of approval the applicant Shallpursue all requirements necessary to address existing areas of noncompliance. All work shall then be Pursued diligently to completion, in compliance with the approved phasing plan as outlined in ED09-031 conditions of approval, 21. This Master Use Permit t1P09-020 shall run concurrently with Master Design Review permit 1✓D09-031 and Lot consolidation S09-002 approvals. Environmental and Design Review Permit Conditions (ED09-031) General Conditions of Approval Camhrunh), Development Deparlmenl, Planning Division The applicant shall submit a $2,000.00 deposit to the Community Development Department, Planning Division for condition compliance and mitigation monitoring, 'Phis deposit shall be used to cover the full cost of staff time required to ensure established deadlines are satisfied, required permits are obtained, required improvements are installed, and environmental mitigation measures are implemented as required herein. 2. This Environmental and Design Review Permit approval (ED09-031) shall supersede all prior design permit approvals granted for Marin Sanitary Service (MSS) site. Any alterations or aclditions shall be subject to prior review and approval by the Planning Division for compliance with this approval and the Master Development Plan. 3. New structLINS and significant site improvements shall be subject to prior design review and approval by the City Planning Division. Changes to building colors, materials, details and fences, landscaping, lighting and parking lot improvements shall be subject to review by the -ll- Planning Division to assure compliance is maintained with the project approvals aril City design criteria. 4, No signage is included as a part of this approval. Signage shall be subject to separate review and approval ol'a sign review permit. S. All landscaping; shall be maintained in a healthy and thriving condition, free of weeds and debris. Dead, dying or diseased plant materials shall be replaced with an equivalent size, type ofplanting at time ofmplacemernt. 6. Building, fencing and site improvements shall be maintained in good repair and condition at all times. 7. The conditions of ED09-031 shad be. included in project plan sheets. 8. This Master Design Review Permit Approval (EM9-031) for the MSS facility shall be valid for the duration of the use. I~[owever, within sixty 60 days from approval of this MSS Master Plats Amendment project, the applicant shall pu►:Sue wort: to implement (lie project and address areas of non-compliance, and pursue work diligently to completion within 6 months but not more than 1 year from issuance of permits; rnClLldlng but 1101 limped W CpnStrLlCtlon Of' walls; parking improvements, container storage., bioswales, drainage, landscaping work, and fire access and suppression improvements, and roadway abandonment, in accordance with the following phasing schedule: The follo>i,ing ivork shall commence A-0/hin 60 days of appro vol a. Payment of $2,000 deposit for condition and mitigation monitoring. b. Install pipe markers, gates and signs defining the boundary of Area B Open space c. Construct the approved storm drain diverting water from Jacoby Street system. d. Submit plans for permits for gabion wall review and approval. Pursue work and inspections within 6 months of permit issuance. e. Record property consolidation document's The following ivork shall he inilialed ivilhin 90 days ofapproval F. Submit plans for permits for installation of new fire lines on areas A, B, C & D, relocation of water meters and lines on Jacoby Street, and installation of fire sprinklers for Quonset Hut building (on Area D). Pursue work diligently within 6 months ofpertnit issuance and not more than 1 year to completion. g. Submit plans f'ot• permits to complete Jacoby Strect hammerhead turn around and Jacoby Street driveway to Area B. Pursue work diligently to completion within 6 months of permit issuance arid not more than 1 year to completion. Ii. Initiate removal and relocation of storage containers on Areas B & 13, and pay traffic mitigation fees. i. Submit civil and landscape plains to City and M.MWD for review and approval, and initiate installation of landscaping, above: the gabion wall. Pursue wort: to completion within 6 months cif approval of sinal plans. - l)- j. Obtain permits to pursue concrete demolition work in open space lands. k. Submit plans for parking lot and landscaping improvements. PUrsUC work diligently to completion within 6 months and not more than 1 year from approval of permits for Coll St The 1611olvin,z rvork shall be co ny)le'led iyithin 6 months fi'oL approval I. Record documents for vacation of Jacoby Street and creation of easements. Prior to Issuance of Grading and Building Permits/Commencement of Operations Community Development Deperrlmenl, Building Divhyion 9. Commencement of work and payment of fees shall be in accordance with the phasing schedule described bi condition 8 above. 10. Building permits shall be obtained for placement of new containers, structures, parking improvements and for the gabion wall and retaining walls constructed on the property. H. Designs of the existing walls built without prior permits ate subject to engineering peer review. 12. Pgrnent of required traffic mitigation fecs in the current amount of $4,246 per net new vehicle trip (above 1992 baseline conditions, to address increased trips from new public storage container uses to re►.nain, as determined by the Department of Public Wor)(s) shall he required. The current fee payment is required for 1.54. net new trips, or $653,$84.40; based on the 1992 baseline less reduction for historic trips and containers to be removed. Fee payment shall be made either within 60 clays of appro-vat or prior to issuance of permits required for implementation of the project, or pursuant to a payment schedule as otherwise established by the Department of Public Works. (Implement Mitigation Measure T12-1). 13. A geotechnical investigation (soils report) shall be submitted for review by (he City Building Division (and Public Works, if deenied necessary) prior to issuance of site grading and building permits, 14. Site grading activities and operations shell be subject to a statewide NPDE'S permit, erosion control plan and stommater pollution p►•evention program requirements. 15. All mechanical equipment (i.e., air conditioning; units, meters and translorrners) 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 Plarming Division prior to issuance of a building permit. 16. Prior to issuance of a building permit, the applicant is to comply with conditions of the Marin Municipal Water District for the landscaping improvements. 17. A building permit shall be obtained for permitted and approved site improvements, includi►.►g the existing "bulkhead" and "gabion" retaining walls on Area C which have a combined height of approximately 41' above finished Lradc, for pnrking and landscape modifications and for (lie approved interim container storage uses. -13- l S. Grading, encroachment irrnd other permits shall be obtained as required by [lie City for new utility improvements, .lirclines, as well as any grading required For parking, landscaping, driveway or site access nlodlflcations. 19. The owner shall comply with the requirements of the City and Utility service providers for abandonment and vacation of a portion of improved and unimproved Jacoby Street right of way that extends past an existing access gate into the site. 20. The revised MSS facility project improvements require a pipeline extension agreement with Marin Municipal Water District (MMWD) for installatio.ti. of infrastructure facilities and water service connection to new fire Hydrants, and new water hookups and Utility easements associated with abandonment of a portion oF the improved Jacoby Street right of way. 21. The project landscaping plan shall be submitted to MMWD to assure compliance with the Water -Efficient Landscape Ordinance, adopted by the City of San Rafrle'l ky L'clel'CIICC Iii its zoning regutations Chapter 14.16. 22. Plans submitted for building permit shall show site and parldng modifications necessary to be compliant with ADA requirements; including, provision of accessible container storage units in. Area B and Area D. 23. Building techniques, materials, elevations, landscaping, site improvements and appearance of this project as presented for approval by the Planning Commission on updated plans date stamped approved [Approval Date] and as conditioned herein, shall be the same as required for the issuance of a permits required for construction and improvements proposed or re'qui'red herein. Any future additions, expansions, remodeling, etc., slitall be subject to the review and approval of the Community Development Director. Public YYor&s Delxu'1117ent 24. A grading permit shall be obtained for proposed and required site work including but not limited to landscaping, parking lot improvements, pavement replacement or removal, installation ofbio-swales, stomidrainage improvements, utilities and fire lines. 25. 'The applicant shall submit. documents and a $4,000 deposit for processing of the vacation of Jacoby Street Right of Way that extends through the site to the Department of Public Works. Provide a plat, description and closure calculations for the vacation of roadway on site, and a written justification which delineates a 1)UbliC benefit for vacation of this roadway. 20. Bio-swale and stol-nidl'ain Improvements shall be implemented as indicated on approved project plans date stamp approved (Approval Datel, in compliance with the timelines established in this updated aid amended master plan approval (permitting revisions to MSS' facility work area,,: and expansion of storage container uses on the site). 27. An engineered site plan showing all existing kind proposed site conditions shall be submitted with the application ,for a bui lding permit. 28. A level B soils report shall be submitted with an application for building permits for new construction. 29. Work Ili the public ri ht of way shall be approved by the Department of PLibli.c Works. -14- 30. Site grading shall conform with standard grading permit requirements relating to erosion and dust control including submission and approval of the following: (1) An ung,ineered site plan which shows all existing and proposed site conditions; and (2) A siltation and erosion control plain which includes a proposal for replanting; and maintenance of graded slopes. 31. All grading activities shall be subject to issuance of a grading per-rnit by the Department of Public worms and will be subject to statewide general construction activity NPDES permit issued by the Ca Regional Water Quality Control Board prior to issuance of grading permits. A stormwater pollution prevention plan shall also be prepared and submitted. 32. A drainage plan shall be submitted and approved prior• to issuance of construction or grading permits. 33. The stormwater runoff plan will be subject to a statewide general construction activity NPDES PCI -1111t, Issued by th.e Ca Regional Water Quality Control Board. This permit will require elimination of all non-Mormwater discharges; development of a stormwater pollulron prevention plan for erosion, f'11110ft and materials disposal; and development of an ongoing monitoring plan. The stormwater pol lution plan shall incorporate the following information: (1) The areas utilized for composting activities shall be bernled or otherwise managed to prevent pollution to the stormwater system and entry into the San Francisco Bay; (2) The animal husbandry yard area shall be managed in accordance with the Ca Code of Regulations, Title 23, Chapter 15, Article 6 (Confined Animal Facilities) (or current regulations) to prevent pollution of stormwater with animal waste.; (3) The household hazardous waste facility shall be constructecl so that there is no potential contamination of sewer or stormwater systems in the event of a hazardous materials spill. The area shall be self-contained with no drainage to the sanitary or storm sewers. Site mitigation for potential hazardous waste spills will need to include a spill contingency plan, proper chemical storage and employee training plan; (4) Vehicle maintenance or wash areas shall not drain to the storm sewers. Any such discharges shall be recycled or plumbed to go to the sanitary sewer. Potential drainage liom wash waters or rain water that traverses the transfer station or resource recovery center shall also be contained and prevented from entering the stormwater system. This permit shall be obtained prior to site grading or construction permits. 34. Final plans shall show parking space and .aisles that meet minimum size dimensions of the municipal code, which requires a 9' x 19' standard space dimension. Further, all spaces inust be located on the MSS private property. 35. The applicant shall provide traffic mitigation fee for additional trips generated by the increased storage container and use of the site (above established 1992 baseline condition); i.e., current fee of $4,246.00 per trip for Q -to 234 trips (162am and 72 PM), minds credits that will be granted for containers that are required to be removed. Payment shall be calculated by the applicant and submitted. to the Department of public Works for review based on the final net new containers to remain. The payment shall be made at time of issuance of building or grading permit(s) for site work, but not less than six (6) months from date of zoning approval for the contirured use; as required by the Department of Public Works. 36. Provide an accessible parking plan for storage containers, with compliant grades. Provide sections in the subject areas showing that containers erre accessible. - 15- 37. 1- inal plans shall ba revised to remove any drive aisle obstructions. 38. Provide a minimum 26 fool aisle width as necessary for back-up dimension from Parking 90 - degree or angled spaces. All other aisle widths :shall be as specified by Fire Department, and by Public Works or Commuriity Development in accordance with Municipal Cotte Chapter 11.18. 39. Provide details for new driveway entrance to ministorage area which is shown as proposed acrossthe drainageditch and provide a driveway profile, for review and approval. zi0. Pinal plans shall be provided clearly identifying container removal and final container Placement. 41, Provide informatiori ail systems in place, or proposed or required to manage effluent from the animal husbandry area and the American Soil Product (and outdoor work areas) to control contaminants and prevent them from entering public stormdrain systems and the San Francisco Bay. Plans that show the permanent filtration systems on the site are required. Additional filtration system(s) may be required for these areas as well as other areas of the site. 41 Include the standard City plan sheet "Pollution Prevention — It's Part of the Plan" in all construction documents. '1'hc applicant shall install all erosion control measures prior to any construction, 43. if existing access road paving .is removed, revegetation shall be required with native seed or planting and shall be shown on final plans. A restoration detail shall 'be provided for any areas that are disturbed and that are proposed or .required to be restored. Modify the legend and details -for final plans as appropriate. Fire Deparlinent 44. Fit'e line and fire hydrant improvements shall be implemented :for the project as indicated on approved project. plans dated stamp approved lnnm oval Datel, in compliance with the timelines established in this updated and amended roaster plan approve t (permitting revisions to MSS facility work areas and expansion of storage container uses on the site). Permits for installation of the new lines and hydrants shall be pursued within the first (i st) year from date ofproject approval, and installation completed within two (2) years from date of approval, 45. The design and construction of all site alterations shall comply with the 2013 California mire Code, as adopted and amended by the City of San Rafael Municipal Code. 46. Plans for final parking lot and access designs, and placement of container storage shall be submitted to the fire Department for review and approval to review and approve linat lire apparatus access and water supply improveiuents requIrcd to serve the premises, as proposed. Fire lane and access improvements shall be initiated within sixty (60) days of project approval and completed within a timely manner, as directed by the fire Marshall. ,17- An automatic fire sprinkler system :Coy the Quonset but approved under prior ED98-130 (identified as the Museuin Building) was required as a condition of approval. The Fire Permit previously issued for installation of water tanks, (reline underground, fire hydrant and automatic sprinkler system that were approved and required but not Installed for this bUilding - 16- shall be addressed as a condi.tion of this master plan amendment, Permits shall be pursued within sixty (60) days of project approval rued all work pursued diligently to completion. 48, Final plan revisions for construction shall address the MNIWD requirement for installation of a water meter and backflow I)mventer at the property frac. 49. Marin Sanitary Service shall maintain an adequate water supply and fire suppression system throughout the life of the Resource Recovery Facility. Police Deharlrnew 50. All exterior lighting sha91 be to the satisl:action of the Police Department. 51. All lighting shall be on a muster photo electric cell. Marin 11 unicipol Water Diso-icl 52. Lot consolidation is required in order to extend water service to the currently landlocked parcels. 51. As a result of the proposed abandonment and vacation of a portion of the Jacoby Street right of way by the City of San Rafael, the District intends to abandon all water facilities outside of the public right of way. Based on information provided tits facilities to be abandonod include two currently public hydrants 14Y-06109 and 1-IY-06857, A service will be required to be installed at the new terminus of the water main within the Jacoby Street right of way. All costs associated with the service installation acl property quitclaim shall be borne by the applicant (MSS). 54. Compliance with all indoor and outdoor requirements of District Code Title 13 — Water Conservation is a condition of water sea•vice. Indoor plumbing fixtures must meet specific efficiency requirements. 5.5. Landscape plans shall he submitted and reviewed by MMWD to confirm compliance prior to issuance ol'permits by the City of San Rafael, The Code requires a landscape plan, irrigation plan and grading plan. Contact the Watet• Conservation Department for more information at (415) 945-1497 acid/or online at vr ww.rnarhiwater.ora. 56. Should backnow protection be required, said protection shall be installed as a condition of water service. Contact the Backflow Prevention Coordinator for more information at (415) 945-1559. During Construction 57. Construction activities shall comply with City's Noise Ordinance. 58. lf, during the course of con$tructlon, cultural, archaeological or paleontological resources are uncovered at the site (surface or subsurface resources) work shall be halted immediately within 50 meters (150 feet) of the find until it can be ewtluated by a qualifted professional archaeologist. The City of San Rafael Planning Division and a qualified archaeologist (i,e., an archaeologist registered with file Society of Professional Archaeologists) shall be immediately contacted by the responsible individual present on-site. When contacted, tine project planner and the archaeologist shall immediately visit the site to determ.inc the extent of the resources and to develop proper mitigation. measures required for the discovery, -17- 59. Parking supply for the use shall be provided as indicated on plans to increase on-site parking Gone 198 spaces to 228 spaces, as follows: Area A — 177 spaces (increase from 158 spaces) Area B -- 21 spaces (increase frorn 15 spaces) Area C — 18 spaces (no change) Area D — 12 spaces (increase 1rorn % spaces) Area L — No permanent parking spaces are proposed, required or permitted 60. New parking spaces shall comply with the Chapter 14.18 Parldrrg Standards dimensions; i.e., meeting `compact' parking and stanclard dimensions (8' x 16' compact and 9' x 19' standard) and maintain mini nrunl I-eClUlred 20' drive aisle width and 26' backup space dimensions. 61. Vencing and barriers shall be installed as indicated on approval plans. This includes p.rovision of separation fencing, gates and Hosts to demarcate the open space Arca L boundary. Storage areas on Area B shall also be maintained within a six foot (6') high chain- link fenced yard with privacy slat inserts. Pe6meter fencing shall also be maintained between the site and adjacent properties in good repair and condition. Privacy slats shall be installed and maintained as needed to screen outdoor operational use areas from public view or adjacent parking lots. 62. I_,andscape and grading improvements shall be implemented as shown on approved landscape plans, speciCcally as proposed and required to screen storage above Area C and restore the natural vegetated appearance of the adjacent hillside setting. Revegetated areas adjacent to the hillside open space Arca C shall consist primarily of native trees and shrubs, planted in a ranclom pattern, drip -irrigated and staled, where necessary. 63. Engineered bioswales covered predominantly with native grasses shall be provided to meet SWPPP (Storm Water Pollution Prevention Program) requirements, as indicated on approved project plans. 64. New drainage improvements along the main access road at the terminus of Jacoby Street shall be installed as indicated on approved plans. 65. Erosion control practice~ shall be implemented as indicated on approved plans. 66. The project mitigation measures required for the amendment to the MSS facility, including expansion of the interim public storage uses, legalization of improvements in forrn.e.r open space areas, providing fine suppression and landscaping improvement enhancements, etc`. shall be implemented in accordance with the project mitigation Measures, as follows: Implement Mitigation AIR -I, During active construction, the applicant shall rOquire construction contractors to implement all the 13AAQMD's Basic Construction Mitigation Measures, listed below: All exl5osed surfaces (e.g., parking areas, staging Areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per clay, or more, often if needed to control fugitive dust. ii. Al I haul trucks transporting soil, sand, or other loose material off S' e shall be covered. - 18- iii. All visible mud or dirt track -out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of -dry power sweeping is prohibited. iv. All vehicle speeds on unpaved roads shall be limited to 15 mph. v. All roadways, driveways, and sidewalks to be paved shall he completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. vi. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maxlmum..ldling time to 5 nllllutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations 'CC[Z]). Clear signage shall be provided for construction workers at all access points. vii. All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shal.1 be checked by a certified mechanic and determined to be rultnirlg in proper condition prior to operation. viii. Post a publicly visible sign with the applicant's telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District's phone number shall also be visible to ensure compliance with applicable regulations. b. Implement Mitigation Measure AIR -2. The applicant shall develop and comply with an Odor Impact Minimization Plan (OfM.P) pursuant to the requirements of the California Code of 1tegulations, 'title 14, Division 7, Chapter 3. 1, Article 3, Section 17863.4, Once complete, the OIMP shall be submitted to the LLA for a 30 - day period for review and comment. c, Implement Mitigation Measure BR -1. Any tree removal or trimming work shall take place between September I" and October 31", which falls outside the breeding bird wnldovl, and avoids both the maternity and hibernation period for bats. 'free removal can take place during this period without a breeding bird or bat roost survey. This does not include removing fallen trees, which can be removed at any time. d. Implement Mitigation Measure BR -2. if brush clearing or ground disturbance is required within the Study Area, these activities shall be conducted outside of the breeding bird season which begins February I" arld lasts through August 31".Tlle exception is for clearing weedy brush, such as French broom, that overhangs existing fire roads. Brush may be removed to the outCr extent of the road at any time of the year without pre -construction survcys, if the road is regularly disturbed by active traffic. Removal. of brush outside the outer edge of the road or on roads not regularly disturbed. by active traffic should have pre -construction surveys. e. Implement Mitigation Measure BR -3. In the event that initial ground disturbance, vegetation removal or constrtictign cannot be scheduled outside the breeding, bird season (February through August), a wildlife biologist shall conduct a breeding bird survey at least fourteen (14) days prior to the onset of the activity to determine if Tlestlnb birds are present. Ill the event that nesting birds arc .idcntitied to be present, - 19- further mitigation may be required as recommended by the biologist, including establishing buffers no less than fifty (50) feet from .active nest until young birds have fledged the nest. larger buffers may be required for nesting birds of prey or special states species. 'rhe consulting biologist will provide a specific bufCcr based on agency guidelines, which species has been identified as nesting within the area and the presence of' natural visual and auditory buffers (such as large stands of trees or hillsides). C. Implement Mitigation Measure BRA. If ground disturbance or tree removal occur during the bat roosting season ([november 1`' through August 31"), potenlial brit roosts shall be inspected for the presence of bats prior to tlae start of work. Potential bat roosts include cavities in trees, exfoliating bark, snags; and cracks in Jai-ge rocks. li' a i.naternity roost is detected, up to a two -hundred (200) foot buffer shall be placed Around the. maternity site, and once the roost is clear :Cor removal, a replacement structure such as a `batt box' should be created within the vicinity, as recommended by the wildlife biologist. In the event that bats are detected using a non -maternity roost site, one possible mitigation measure would be the placement of exclusion devices to potential entrance and exit hole after dusk once the bats have lef=t the roost to forage. g. Implement Mitigation Measure CR -1. To mitigate potential damage to any recorded cultural resource during grading, excavation or soil disturbance activities in the vicinity of any recorded cultural resource, including activities to remove concrete improvements to the existing fire road network, archaeological investigation should be undertaken to determine the exact boundary of the remaining deposit, the condition of the remaining deposit and the potential for significance of the archaeological site. A Native American monitor should also be present. The procedures to follow for archaeological and Native American monitoring of a. cultural resource site are presented in Cultural Resources mitigation measures CR -2 and CR -3. h. Implement Mitigation Measure CR -2. To mitigate potential damage to any recorded cultural resource during grading, excavation or soil disturbance activities in the vicinity of any recorded cultural resource, archaeological monitoring shall occur, based on the following procedures: Monitoring will consist of directly watching the .major excavation process. Monitoring will occur during the entire work day and will continue on a daily basis unit the depth of excavation has been reaclied at which the cultural resource no longer is present. This depth is estimated as usually five feet (5') below existing grade but may require modification Lis determined by the monitoring archaeologist and the observed soil conditions. ii. Spot checks will consist of partial monitoring the progress of excavation over the course of the project. Monitoring all spoils materials, open excavation, recently grubbed areas, and other soil disturbances will be inspected. The frequency and duration of spot checks will be based on the relative sensitivity -20- of the exposed soils and active work areas. The monitoring archaeologist shall determine the relative sensitivity of the cultural resource site. iii. If prehistoric human interments (human burials) are encountered within the native soils of the cultural resource site; all work shall be halted in tilc immediate vicinity of the find. The County Coroner, project superintendent, and the project planner (or a representative of the Lead Agency, City of San Rafael Community Development Department, Planning Division) shall be contacted immediately. '1.'h.e procedures to be followed at this point are prescribed by law. iv. If significant cultural deposits other than human burials are encountered, the project shall be modified to allow the artifacts or features to be left in place. of the archaeological consultant shall undertake the recovery of the deposit or feature. Significant cultural deposits are defined as archaeological artifacts or features that associate with the prehistoric period, file historic era Mission and Pueblo Periods and the American era up to 1900. v. Whenever the monitoring archaeologist determines that potentially significant remains or human burials have been encountered, the piece of equipment that encounters the suspected deposit will be stopped, and the excavation inspected by the monitoring archaeologist. If the suspected remains prove to be non- significant or non -cultural in origin, work shall recommence immediately. If the suspected remains prove to be part of a significant deposit, all wink shall be halted in that location until removal has been completed. If human remains are found, the County Coroner (or designated representative) shall be contacted to evaluate the discovered remains and .implement proper contacts with pertinent Native American representatives tluough the Native American Heritage Commission (NAHC). vi, Equipment stoppages shall only involve those pieces of equipment that have actually encountered significant or potentially signi_licalrt deposits, and should not be construed to mean a stoppage of LAI equipment on the site unless the cultural resource deposit covers the entire site, vii. During temporary equipment stoppages brought about to examine suspected remains, the monitoring archaeologist shall accomplish the necessary tasks in due speed. Implement Mitigation Measure CR -3. To mitigate potential damage to any recorded cultural resource during grading, excavation or soil disturbance activities in the vicinity of any recorded cultural resource, Native American monitoring shall occur whenever archaeological monitoring is required or whenever prehistoric Native American cultural deposits are encountered or discovered. As recommended by the Native American heritage Commission (NAHC), the Native American monitoring consultant shall have the follo-wing luiowledge and abilities: i. Knowledge of local historic and prehistoric Native American village sites, culture, religion, cercrnony and burial practices. -21 - ii, Knowledge and understanding of California Health and Safely Code Section 7050.5 and California Public Resources Code Section 5097.9 et al. iii. Ability to effectively communicate the meaning of Health and Safely Code Section 7050.5 and Public ResolrrCCS Codc Section 5097.9 et al. to Marin Sanitary Services (MSS) representatives, including; properly owners, site managers, contractors and subcontractors, Native Americans, City of San Rafael Planning staff, and archaeological monitoring representatives. iv. Ability to work. well with local law enforcement officials and the NAHC to ensure the return of all associated grave goods taken from a Native AmericLm grave during grading, excavation or soil disturbance activities, v. Ability to travel to known cultural resource sites within the traditional tribal territory, vi. Knowledge and understanding; of California Environmental Quality Act (CEQA) Guidelines, Section 15064.5 and Section 106 of the National historic Preservation Act of 1966 (NI IPA), as amended, vii. Ability to advocate Cor the preservation in place of Native American cultural features through knowledge and understanding of CEQA mitigation measures, as stated in CEQA Ouidelines Section 15126.4(b)(A,)(B), and through knowledge and understanding; of' Section 106 of the NHPA. viii. Ability to read topographic maps and be able to locate known cultUal resource sites and reburial locations i;br Future inclusion in the NAHC Sacred Lands Inventory. ix. Knowledge and understanding of archaeological practices, including the phases of archaeological investigation. The Native American monitoring consultant is required to: x. Ensure the presence of a Native: American monitor during al I earllh disturbing activities in the vicinity of any recorded cultural resource or whenever prehistoric Native American cultural deposits are encountered or discovered. Xi. Communicate orally and in writing with the archaeological monitoring consultant, City of San Rafael Plan►ring staff, representatives for MSS representatives, including property owners, site managers, contractors and subcontractors, and any Native American organizations. The Native American monitoring consultant will be responsible for communicating any observations or recommendations to any Native American organizations, neighborhood groups, or individuals that have contacted the City of San Rafael to request Iisting. The contact list will be supplied to the Native American monitor. xii. Maintain a daily log of activities and Me a report with the MSS representatives on each clay that a Native American monitor is present, xiii. I'rcpare progress reports on atuy `firstlings' and summarize the observations and recommendations made in the daily reporta (i.e., human remains, - 22 - associated grave goods, non -human bone fragments, beads, arrow points, and other artifacts). The progress reports will be submitted monthly or at the completion of all approved earth disturbing acti.vilies. xiv. Prepare "r final written report at the completion of all approved earth disturbing activities, summarizing (lie observations and recommendations of the daily and monthly reports and making recommendations for future activities and procedures on the MSS site., as appropriate. The final report should describe the monitoring process, the discovery any Native American human remains and associated grave goods, ,and their final disposition. This report shall contain, at a minimum, the following information for each discovery of human remains and associated grave goods; 1. Date of each find. 2. Description of remains and associated grave goods, 3. Date of reburial, and the geographical located of reburial, including traditional site name; if known. xv. The final report shall include a discussion of mitigation measures taken to preserve or protect Native American cultural features and shall be submitted to the archaeological monitoring consultant, MSS representatives, the City of San Rafael Planning staff, and the NAHC.' at the completion of all approved earth disturbing activities. Information from the report may be included in the NAHC Sacred Lands Inventory. xvi. Demonstrate the ability to identify archaeological deposits and potential areas of impact. xvii. Work with the Most Likely Descendant (MLD) if human refrains are encountered. A MLD will be chosen by the NA11C it' human remains are encountered. There is no guarantee that the Native American monitoring consultant will be named as the MLD. The chosen Native American monitoring consultant must be able to communicate with the MLD effectively, and to aid In can-ying out any procedures or tasks undertaken or recornnICtided by the; MILD. j„ Implement Mitigation Measure C12-4. In the absence of specific recommendations made by the archaeological monitoring consultant, the following general procedures shall. be implemented during the t-rnding of an artifact (i.e., any item or object over fifty years of age): i. All contractors and subcontractors shall be required to inform all of their employees that no artifacts are to be removed from the area of the `find' except through authorized procedures. ii. Any aililucts found at or near a recorded cultural resnurce are to be turned over to, or brought to the immediate atiention of, file archaeological monitoring consultant. In the absence of the archaeological monitoring consultant, the artif'iel shall be delivered to the i\lative American monitoring -23- consultant, MSS representatives (Le., properly owners: site managers, contractor and subcontractor supervisors) or the City of San Rall►ul Planning staff. iii. Whenever any artifact is found or reported, a tag should be included that indicates the following information: iv. The identity of the finder and the date of discovery v. The identity of the responsible individual to who the a►lifact is given vi. A description of the location where the artifact was found, the approximate distance and direction to the nearest measuring point, identification point on the project plans, or other reliable, accurate method of locating. vii. A description of the artifact that will allow it to be identified if the tag and the artifact are separated. viii. The artifact, if portable, should be transported to a safe location where it can be kept until It can be inspected by the archaeological monitoring consultant. l:. Implement Mitigation Measure CR -5. In the event of the accidental discovery of historical or unique archaeological resources accidentally discovered during construction or recognition of any human remains in any location other than a dedicated cemetery, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until: i. in the event of accidental discovery of potential resources an immediate evaluation of the find shall be conducled by a qualified archaeologist. if the find is determined to be an historical or unique archaeological .resource, contingency funding and a time allotment sufficient to allow for implementation of avoidance measures or appropriate mitigation should be available. Work could continue on other parts of the building site while historical or unique archaeological resource mitigation takes place. ii. In. the event of discovery of 1luman remains, the coroner of the county in which the ren.iain5 are discovered must be contacted to determine that no investigation of the cause of death is required. 11' the coroner determines the remains to be Native American: 1. The coroner shall contact the Native American Heritage Commission withii124 hours. 2. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descended from the deceased Native American. 3. The most likely descendent may make recommendati.ons to the landowner or the person responsible for the excavation work, for means of treating or disposing oi'. with appropriate dignity, the human remains and any associated grave goods as provided in Public Resources Code Section 5097.98, or -24- 4. Where the following conditions ocew-, the landowner or his authorizcd representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further subsur[ace disturbance. a. The Native American Heritage Commission is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 24 hours after being notified by the commission. b. The descendant identified fails to make a recommendation; or c. The landowner" or his authorised representative rejects the recommendation of the descendant, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. Lot Consolidation Conditions (S09-002) 1. Marin Sanitary Service ,Parcels A through E shall be consolidated into one parcel. All necessary documents for consolidation of the lots, provision of easements and abandonment of rights of way located within the property shall be submitted for review and recorded in a timely manner. 2. The applicant shall provide a plat snap, description, deeds and closure calculations for the lot line adjustment for review by the Department of Public Works and Planning Division. 3. The recorded deed consolidathig parcels A through E (aka 1050 Andersen Drive and 535-565 Jacoby Street; APN's 018-180-72, -73, -74, -75 & -76) shall Include a restriction on use of the Open Space Area E (aka, Parcel I;; APN 018-180-76), as private open space. 4. The final plat doeLlmerltS required to merge the properties into a single parcel shall be submitted by the applicant to the City of San Ralael for review within 60 days of approval, and executed by recordation with the Marin County Recorder generally within 6 months. Lot consolidation approvals are valid for a tnaximurn period of two (2) years from date of approval. The l;oregoing Resolution was adopted at the regular City of San Rafael Plaruling Commission meeting hold on the June 23, 2015. Moved by Commissioner AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS and seconded by Cornmissloner -25 - SAN RAFALL PLANNING COMMISSION ATTEST: It"1 Paul A. Jensen. Secretary $arrctt Shaefer.. Chair 'G - Exhibit 5 RESOLUTION NO, 15 - RESOLUTION OF TI -11 SAN RAFAEL PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCII, APPROVAL OF RIG1IT OF WAY ABANDONIVIENT AND RIGHT 01.; WAY VACATION OFIMPROVED AND UNIMPROVED PORTION OFTHE JACOBY ST'RI:1?T RICHT OF WAY, PURSUANT TO THE SUMMARY VACATION AND ABANDON MEN I' PROCEDURES, LOCATED AT 535-565 JACOBY STREFIT APN's: 018-180-72 0-u-ough -76 WHEREAS, Marin Sanitary Service (MSS) submitted zoning applications ZC09-001, UP09-020, ED09-031. and 509-002 to amend its current Master Plan in order to address minor changes to its operational use areas, open spacc lands, and an unpermitted expansion of mini- stora,ge uses on its properties totaling 82.15 acres and located within the PD1 580 and I zoning districts; and WI-JEREAS, Marin Sanitary Service (MSS) concurrently requests abandommlient of all approximetly 400 foot long by 60 foot wide Jacoby Street portion of improved right of way and 2.400 toot long by 30 foot wide Jacoby Street portion of unimproved right of way that extends through the property east to Andersen Drive; and WHEREAS, the subject right of way abandonment and vacation .has bean reviewed and recommended with conditions by the Department of Public Works, and the Marin Municipal Water Agency which has utilities within the right of way- and WHEREAS, on February 21, 1984 the City had vacated the northerly 30 feet of portion of the old 60 foot right of way which comprises Jacoby Street and its former route through the site to the San Quentin area, an unimproved portion of the right of way that extends through the MSS site which was used prior to the construction of Highway 580. This action left in. place the southerly 30 feet of this old right of way having a length of about 2400 feet and lying within the property of -Marin Sanitary Service as well as the 60 toot width portion having a length ofabout 400 t"cct and lying westerly of the vacated portion; and WHEREAS, Planning Commission Use Permit prior approval 92-7 and current approval 96-8 (on .lune 27, 1996) for the MSS site provided for approval for abandonment of Jacoby Street from the westerly property lisle o1'AP 18-143-06 (e.g., current AP 16-180-73) to Jacoby's easterly terminus (e.g., current AP 18-180-75), which would improve on site security and circulation; alad WHEREAS, the vacation and abandonmetits recommended and approved in 1996 were not subsequently recorded, and the applicant Clesll'CS to pUrSLte them at this time. Abandonment of improved right ol'way requires notification of utility agencies and interested parties, and a public hearing by the City Council.. Completion of the. vacation process will involve preparation of legal descriptions arld plats, granting of tights of way to titility companies halving facilities within the present right of way inclriding MMWD and PG&1s, with proper noticing to utility companies and coordinated so that each agency has the rights they need; and J,xhibil 5 — Resobilion of Righl of 1-Yuv 4banclonmenl W1 -IF RAS, the entry gate for Marin Sanitary Service makes Jacoby Strect inaccessible beyond that point during times when the faeililies are not open. The area beyond the errtry gate has been widtncd and modified pursuant to th- - approvals granted by the MSS facility nse permits referencedherein; and WI FREAS, the City presumably continues to have the responsibility for maintenance or that improved portion of Jacoby Street previously approved for abandonment by the Planning Commission since. that action has not been completed, which is essentially a part of Marin Sanitary Service operational facilities, and vacation would resolve that matter; and WHEREAS, when Parcels A through E have been reconsolidated through merger action approved by S09 -O02, the Jacoby Street right ofway would project into a parcel that has and would maintain adcquate street access following the. proposed vacation; and WI•IiREAS, the portion of Jacoby Street proposed for vacation serves no useful public purpose, and presently burden~ the City with maintenance responsibility for roadway that is not necessary For public use; and W1-IF,RFAS, by adoption of a separate resolution, the San Rafael Planning Commission has recommended that the City Council adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (MMRI') prepared for the MSS Master Plan Amend -nen( Project as the CEQA environmental document for the project, which includes the vacation and abandormient regEtest; and WHEREAS, all the utility companies have expressed no objections to the proposed vacation and all legal requirements relative to publication and posting of notices have been, met, and no change in addressing would be required for the subject MSS property following completion of the vacation and ahandownent; and WHEREAS, on June 23, 2015, the; San Rafael Phir►ning Commission held a duly noticed public hearing on the proposed MSS project including the proposed Jacoby Street right of way vacation, with mailing, posting and publication of notices as required by law. anal accepting all oral Bind written public testimony and the written report of the Community Development Department staff, and. WFIEREAS, the Planning Commission heard and considered evidence submitted by any persons interested in or obJecting to the vacation. request, and based on the evidence ol7cred and all of the evidence submitted, that portion of said street herein described is unnecessary for present or prospective public street purposes. NOW 'rllERLPDRF,, BE IT RE'SOLVI D, the Planning Commission a•econrallends to the City Council that that portion of Jacoby Street, located in the City of San Rafael, more particularly described herein in the attached plat and legal description($), is Unnecessary for -2- present oar praspeetive public street purposes and should be vacated and abandoned pursuant to Streets and highways Code section 8330, et. secl. The Foregoing Resolution was adopted at the regular City of San Rafael Planning Commission meeting held on the .lune 23, 2015. Moved by Commissioner AYES: COMMISSIONERS NOES: COMMISSIONERS A13SL;NT: CONIMISSIONERS and seconded by Commissioner SAN R11UAL?L PLANNING COMMISSION ATTEST: Paul A. Jensen. Secretary ATTACHMENTS: -3- 13 Y: _ Barrett Shaefer, Chair 414ulift ',NX10:13111S.Wd eV"CAIMN Ill. AN AxFI IA1wn1 A I P+dI Z 11x105AAAI 9 D-CYt-'Bt 'tiv s3u1l3d01w sl3rLL1;1% l w ra MARIN SANITARY SERVICE 1I li « „'Ill\ I!l I LJ CIVIL ENGINEERS REQUESTED RIGHT OF WAY VACATION INC. 7700 RFOWOOD BLVD. SH 30@ N0\111 U 9<9i5 PHONE (415) 479.0667 FAX (4151479.1007 .59950 ti Go • 4 �O 6'. -W M Cl m o .— L y.,. � o , 0 � _ 00` a00- o o 0 V co co ❑ 'C cq .1 S M sr � 00 O she � o O y� O cn W r O d O r 00 O • C M 00 O a 00 lLy r r 00 Mr o M C r -- CD O 00 r r 00 O — O O r, hod �¢WN LL � o O � O 00 © 11 in - t r (� 00 N �_ �cfAAN —� __ O — a— Co l"' ExibiL- 6 ORDINANCE NO. 1580 AN ORDINANCE or THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF THE CITY OF DAN RAPABL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, PROPERTY !'ROM U (UNCL#SSIVIED) DISTRICT TO 'P -D (PLANNED DBVELOPMENX) DISTRICT. (1=1N SANITARY SERVICE) THE] COUNCIL 07 THE CITY Or SAN RAFA)rL DOES ORDAIN AS FOLLOWS: DIVISION 1 Findings. 1. Pursuant to Title 14 (Zoning) of: the San Rafael Municipal Code application has been made to rezone that certain real property located on and near Jacoby Street, San Rafael, bearing Assessor's Parcel Nos. 18-180-48 and 18-141-03, and more particularly described in Exhibit "A" attached hereto, from the U (Unclass i.fied) District to the P --D (Planned Development) district. 2. The City Council hereby Pinds that the proposed rezoning is consistent with the goals and policies sat forth in the City's General Plan, as more specifically set forth i,n City Council Resolution No. 8091 , which Resolution is on file with the City Clerk and incorporated herein by reference. DIVISION 2 Amendment. The zoning Map of the City of San Rafael, California adopted by reference by section 14.15.020 of the City'© Municipal Code is hereby amended by reclassifying to P -D (Planned Development) district that certain real property located on and near Jacoby SL-reet, San Rafael, bearing County Accessor's Parcel No. 18- 180-48 and 18-L41-03 and more particularly described in Exhibit "All attached hereto. DIVISION 3 Conditions of Development. Any development of this property shall be subject to Lha 1 Exhibit 6 - Existing PD and MUP /,S S�) conditions outlined in Exhibits "B" and "C" which are attached hhreto and made a part hereof. DXVXBION 4 Separability. If any section, subsection, sentence, clause or phrase of this ordinance is for.any reason held to be invalid, such holding or holdings shall not affect the validity of the rnmai,n.ing portion of the ordinance. The City Council declares that it would have passed this ordinance and each vection, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clause:; or phrases be declared invalid. DYVISION 5 Publication. This ordinance shall be published once in full before its final passage in a newspaper of general circulation, published and circulated in the City of San Rafael, and shall be in full force and effect 30 days after its passage. ,liri'{C.G� awronce !. Mulryan, Mayor Attest: Je hf. Leone n , city Clerk The foregoing Ordinance no. 1580 was read and introduced at a regular meeting of the city Council of the City of San Rafael on Lkie � �f1Z— day of TlovemheY , 19U, and ordered passed to print by the following vote, to wit: AYES! Councilmembers: Bora, Thayer & Mayor Mulryan MOb,S: Councilmembers: Wone ABSENT: Councilmembers: Breiner & Shippey 2 and will cone up for adoption as an ordinance of City of San PaCael. at a regular neeting of the City Council to be held on the 9th day of December , 1989. JJWn M. L.eoncin , City Clerk 3 IIEXHTBIT A" 1. Property to be rezoned from 'U (Unclassified) to P -D (Planned Development) REAL PROPERTY SI'T'UATED IN THE CITY OF SAN RAFAEL, COUNTY OF MARIN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: a. The 1173.2 -acre" parcel, APN 18-141-03, described as follows: Beginning at the Intersection of the easterly boundary of Northwestern Pacific Railroad, as described in Book 24 of Deeds at Page 22, Marin County Records and the easterly boundary of Lands of State of California, being highway Route IV -MRN -1-C, as shown on State of California Department of Transportation Right of way Map R --92B.3 at the southerly terminus of the course "North 15002137" East, 233.90 feet", as shown on said ntap (R-9213.3); thence along said easterly boundary (IV -MRN -3.-C per R -92B.3) the following courses and distances: South 151,02137" West, 1.66 feet; thence South 2805140" East, 67.25 feet; thence South 15002137" West, 62.91 feet; thence South 4105112511 West, 31..97 feet; thence North 79047115" West, 58.70 feet; thence South 41051125" West, 94.84 feet, and thence South 77017103" West, 60.56 feet to said easterly boundary (24 Deeds 22); thence leaving said easterly boundary (=CV -MRN -1-C per R - 92B.3) along said easterly boundary (24 Deeds 22) South 40°21110" West, 30.76 feet to the City Limits Line of San Rafael, being the southerly boundary of the parcel described in Book 1792 of Official Records at Page 629, Marin County Records; thence leaving said easterly boundary (24 Deeds 22) along said City Limits Line and said southerly boundary (1792 OR 629) the following courses and distances: South 55042142" East, 228.34 feet; thence South 89020101" East, 660.28 feet; thence North 88004128" East, 150.06 feet; thence- South 21°17114" East, 577.12 feet; thence South 63050142" East, 412.69 feet; thence South 44042150" East, 139.64 feet; thence South 45027142" Vast, 396.10 feet and thence 50057,42" East, 607.53 feet; thence leaving said City Limits Line and said southerly boundary (1792 OR 629) North 4102711$" East, 1576.76 feet to the center of the 60 -foot roadway described in Book 313 of Official Records at Page 222, Marin County Records, which point bears South 41027118" West, 7.415 feet from the southerly corner of Andersen Drive, as described in Book 2888 of Official Records at Page 121, Marin County Records; thence along said center of said 60 -foot roadway (313 OR 222), as shown on Record of Survey filed in Book 8 of Surveys at Page 76, Marin County Records, the following courses and distances_ North 57015100" West, 20.47 feet; thence North 83.032100" West, 204.80 feet; thence South 69054100" West, 203.50 feet; thence South 72059100" West, 116.60 feet; thence North 84006f00" West, A-1 384.90 feet; thence North 661149100" West, 92.20 feet; thence North 52028100" West, 245.10 feet; thence North 43010100" West, 176,80 feet; thence North 12013100" West, 406.10 feet; thence North 48036100" West, 95.60 feet; thence North 7700310011 West, 116.70 feet; thence South 80021100" West, 163.00 feet; thence North 69037,00" West, 82.00 feet; thence North 49032100" West, 106.20 feet; thence North 36008100" West, 187.60 feet and thence North 70035100" West, 194.20 feet to the easterly boundary of Jacoby street; thence leaving said center of said 60 -foot roadway (313 OR 222), along the easterly and southerly boundary of Jacoby Street the following courses and distances: South 3802712611, 31.736 feet; thence North 70035100" West, 149.50 feet; thence North 57009P00" West, 145.96 feet and thence North 43001100" West, 530.23 feet to the easterly boundary of Northwestern Pacific Railroad, being Parcel 1 as described in Book 49 of Official Records at Page 121, Marin County Records; thence leaving said southerly boundary of Jacoby Street, along said last described easterly boundary (49 OR 121, Parcel 1) South 9001'34" West, 219.52 feet to said first described easterly boundary (24 Deeds 22); thence leaving said last described easterly boundary (49 OR 121, Parcel 1) along said first described easterly boundary (24 Deeds 22) the following courses and distances: southwesterly along a curve to the right, whose center bears North 8005812611 West, having a radius of 869 feet through a central angle of 3101913611, an arc length of 475.13 feet and thence South 40°21'10" West, 316.80 feet to the point of beginning. Containing 73.37 acres, more or less. b. The 2.8 -acre parcel, APN 18-141.-03, described as follows: Beginning at the Intersection of the westerly boundary of Northwestern Pacific Railroad, as described in Book 24 of Deeds at Page 22, Marin County Records and the easterly boundary of Lands of State of California, being Highway Route IV -MRN -1-C, as shown on State of California Department of Transportation Right of Way Map R -92B.2 at the southerly terminus of the course "South 15002137" West, 220.12 feet", as shown on said map (R -92B..2); thence along said easterly boundary (IV -MR -1-C per R -92B,2) the following courses and distances: North .15°02'371+ East, 220,12 feet; thence northerly along a curve to the left, whose center bears North 73048140" West, having a radius of 1159.92 feet through a central angle of 2303114011, an arc length of 476.31 feet, and thence North 7020120" West, 21.59 feet; thence leaving said easterly boundary (1V -MRN -1-C per R -92B.2) North 22005'40" East, 35.58 feet; thence North 31)54120" West, 69.60 feet; thence. North 42018120" West, 37.78 feet to said easterly boundary (IV -MRN -1-C per R -92B.2); thence A-2 along said easterly boundary (IV -MRN -1-C per R -92B.2) North 7020120" West, 1.90.14 feet; 'thence leaving said easterly boundary (IV -MRN -1-C per R-925.2) North 0007120" West, 30.37 feet to said easterly boundary (IV -MRN -1-C per R -92B.2); thence along said eastery boundary (IV -MRN -1-C per. R928.2) 74057'40" East, 85.90 feet to the easterly terminus of the course "North 74057140" East, 169.87 feet, as shown on said map (R -92B.2); thence leaving said easterly boundary (IV -MRN -1-C per R -92B.2) North 74057140" East, 30.17 feet to said westerly boundary (24 Deeds 22); thence along said westerly boundary (24 Deeds 22) the following courses and distances: South 11048146" East, 356.91 feet; thence southwesterly along a curve to the right, whose center bears South 78°11'14" West, having a radius of 769 feet through a central angle of 52110915611, an arc length of 700.14 feet, and thence South 40021110" West, 105.33 feet to the point of beginning. Containing 2.91 acres, more or. less. 2. Property for which "Industr.ial Cases as Specified by a Use Permit to be Approved by the Planning Commission", shall be the P -D district Permitted Uses, subject to the conditions of approval. REAL PROPERTY SITUATED IN THE CITY OF SAN RAFAEL, COUNTY OF MARIN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: a. A 20 -acre portion of the 1173.2 -acre" parcel, APN 18- 180-48, described as follows: Beginning at the southerly corner of Andersen Drive, as described in Book 2888 of Official Records at Page 121, Marin County Records; thence South 41°27118" West, 7.415 feet to the center of the 60 -foot roadway described in Book 313 of Official Records at Page 222, Marin County Records; thence along said center of said 60 -foot roadway (313 OR 222), as shown on Record of Survey filed in Book 8 of Surveys at Page 76, Marin County Records the following courses and distances: North 57015100" West, 20.47 feet and thence North 81032100" West, 27.00 feet to the true point of beginning: thence along said center of said 60 -foot roadway ( 313 OR 227. ) as shown on said Record of Survey (8 OS 76) the following courses and distances: North 81°32'00" West, 177.80 feet; thence South 69054100" West, 203.50 feet; thence South 72059100" West, 116.60 feet; thence North 84006100" West, 384.90 feet; thence North 66049100" West, 92.20 feet; thence North 52028100" West, 245.10 feet; thence North 43010100" West, 176.80 feet; thence North 12013100" West, 406.10 feet; thence North 48036100" West, 95.60 feet; thence North 77103100" West, 116.70 feet; thence South 80021100" West, 163.00 feet; thence North 69°37'00" West, 82.00 feet; thence North 49032'00" West, 106.20 feet; thence North 36008100" West, A-3 187.60 feet; thence North 70035100" West, 7.94.20 feet to the easterly boundary of Jacoby Street; thence leaving said center of said 60 -foot roadway (313 OR 222), along the easterly and southerly boundary of Jacoby Street the following courses and distances: South 38027126" West, 31.736 feet; thence North 70035100" West, 149.50 feet; thence North 57009100" West, 145.96 feet and thence North 43001100" West, 530.23 feet to the easterly boundary of Northwestern Pacific Railroad, being Parcel 1 as described in Book 49 of Official Records at Page 121, Marin County Records; thence leaving said southerly boundary of Jacoby Street, along said easterly boundary (49 OR 121, Parcel 1) South 9001134" West, 219.52 feet to the easterly boundary of Northwestern Pacific Railroad, as described in Book 24 Deeds at Page 22 Marin County Records; thence leaving said first described easterly boundary (49 OR 121, Parcel 1) along said last described easterly boundary (24 Deeds 22) southwesterly along a curve to the right, whose center bears North 80056126" West, having a radius of 869 feet through a central angle of 1404913611, an arc length of 224.88 feet; thence leaving said easterly boundary (24 Deeds 22) South 48000100" East, 348.72 feet; thence South 89030100" East, 290.63 feet; thence South 57030100" East, 166.00 feet; thence South 45000100" East, 146.00 feet; thence South 12030100" East, 150.00 feet; thence South 34000100" East, 190.00 feet; thence South 75000100" East, 105.00 feet; thence North 48030100" East, 292.00 feet; thence South 61000100" East, 152.00 feet; thence South 37030100" East, 110.00 feet; thence South 100001001' East, 94.00 feet; thence South 20030100" West, 313.00 feet; thence South 52030100" East, 124.00 feet; thence North 7903010011 East, 296.00 feet; thence South 460301001' East, 222.00 feet; thence South 6000100" West, 52.00 feet; thence South 1500010011 East, 88.00 feet; thence South 79000100" East, 178.00 feet; thence North 73030100" East, 196.00 feet; thence North 31000100" East, 146.00 feet; thence North 72030100" East, 360.00 feet; thence South 77030100" East, 80.00 feet; thence North 72030`00" East, 72.00 feet; thence North 310001001' East, 65.00 feet to the true point of beginning. Containing 19.95 acres, more or less. b. The 112.8 -acre" parcel, APN 18-180-03, described as item 1.b. of this exhibit. 3. A portion of the 1173.2 -acre" parcel, APN 18-180-48, for which "Open Space" shall be the P -D district Permitted Use: REAL PROPERTY SITUATED IN THE CITY OF SAN RAFAEL, COUNTY OF MARIN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: Beginning at the Intersection of the easterly boundary of Northwestern Pacific Railroad, as described in Book 24 of Deeds at Page 22, Marin County Records and the easterly boundary of A-4 Lands of State of California, being Highway Route IV -MRN -7_-C, as shown on State. of California Department of Transportation Right of Way Map R -92B.3 at the southerly terminus of the course "North 15002137" East, 233.90 feet", as shown on said map (R -92B.3); thence along said easterly boundary (IV -MRN -1-C per R -92B.3) the following courses and distances: South 15002137" West, 1.66 feet; thence South 281,51140" East, 67.25 feet; thence 15002'37" West, 62.91 feet; thence South 410511,25" West, 31.97 feet; thence North 79047115" West, 58.70 feet; thence 41051125" West, 94.84 feet, and thence South 771,17103" West, 60.56 feet to said easterly boundary (24 Deeds 22); thence leaving said easterly boundary (IV -MRN -1-C per R -92B.3) along said easterly boundary (24 Deeds 22) South 40°21'1011 West, 30.76 feet to the City Limits Line of San Rafael, being the southerly boundary of the parcel described in Book 1792 of Official Records at Page 629, Marin County Records; thence. leaving said easterly boundary (24 Deeds 22) along said City Limits Line and said southerly boundary (1792 OR 629) the following courses and distances: South 55042142" East, 228.34 feet; thence South 89020101" East, 660.28 feet; thence North 88004128" East, 150.06 feet; thence South 21°17'14" East, 577.12 feet; thence South 63050142" East, 412.69 feet; thence South 44042150" East, 139.64 feet; thence South 45027142" East, 396.10 feet and thence South 50057142" East, 607.53 feet; thence leaving said City Limits Line and said southerly boundary (1792 OR 629) North 41027118" East, 1576.76 feet to the center of the 60 -foot roadway described in Book 313 of Official Records at Page 222, Marin County Records, which point bears South 41027118" West, 7.415 feet from the southerly corner of Andersen Drive, as described in Book 2888 of Official Records at Page 121, Marin County Records; thence along said center of said 60 -foot roadway (313 OR 222), as shown on Record of Survey file in Book 8 of Surveys at Page 76, Marin County Records, the following courses and distances: North 57015100" West, 20.47 feet and thence North 81032100" West, 27.00 feet; thence leaving said center of said 60 -foot roadway (313 OR 222) South 31000100" West, 65.00 feet; thence South 72030100" West, 72.00 feet; thence North. 77030100" West, 80.00 feet; thence South 72030100" West, 360.00 feet; thence South 31000100" West, 146 feet; thence South 73030100" West, 196.00 feet; thence North 79000100" West, 178.00 feet; thence North 15000100" West, 88.00 feet; thence North 61,00100" East, 52.00 feet; thence North 46030100" West, 222.00 feet; thence South 79030100" West, 296.00 feet; thence North 52030100" West, 124.00 feet; thence North 20030100" East, 313.00 feet; 'thence North 10000100" West, 94.00 feet; thence North 37030100" West, 110.00 feet; thence North 61000100" West, 152.00 feet; thence South 480301001' West, 292 feet; thence North 75000100" West, 105.00 feet; thence North 34000100" West, 190.00 feet; thence North 12030100" West, 150.00 feet; thence North 45000'00" West, 146.00 feet; thence North 57030100" West, 166.00 feet; thence North 89030100" West, 290.83 feet; thence North 48000100" West, 348.72 feet to said A-5 easterly boundary of Northwestern Pacific railroad (24 Deeds 22); thence along said easterly boundary (24 Deeds 22) the :Following courses and distances: southwesterly along a curve to the right, whose center bears North 6600815011 West, having a radius of 869.00 feet through a central angle of 1603010011, an arc length of 250.25 feet and thence South 40°21`10" West, 316.80 feet to the point of beginning. Containing 53.42 acres, more or less. A-6 "EXHIBIT~ B" TO RE REZONED FROM U (UNCLASSIFIED) DISTRICT TO P -D (PLANNED DEVELOPMENT) DISTRICT P -D PERMITTED USES: ❑ OPEN SPACE INDUSTRIAL USES AS SPECIFIED BY A USE PERMIT" APPROVED BY THE PLANNING COMMISSION B-1 2.8 ACRE P 1]flGPT 8," LUNO A.I.A. p�/.�OIN�1 UffllOti f. PLANNI"m INC. "EXHIBIT C" Conditions of Approval 1. The land to be zoned P -D (Planned Development) district shall be the 73.2 -acre parcel and 2.8 -acre parcel shown on Exhibit "B" and more particularly described on Exhibit "A". 2. The P -D (Planned District) Permitted Uses shall be "Open Space's and "Industrial Uses as Specified by a Use Permit Approved by the Planning Commission for the portions of the property so designated on Exhibit "B", and more particularly described on Exhibit "A", except that the Permitted Use of the 2.8 -acre parcel shall be further limited by condition #3. 3. a) The only use of the 2.8 -acre parcel authorized by approval of P -D zoning shall be the temporary storage of automobiles which are to be crushed by Marin Sanitary Service and the temporary storage of compost material. Approval of P -D zoning shall not be construed as entitlement to construct or occupy any building. b) The uses hereby authorized for the 2.8 -acre parcel may be initiated only after the applicant demonstrates to the satisfaction of the City Attorney that access rights over the former railroad right of way exist. The authorization of the uses shall terminate concurrent with any loss of access rights. C- It December 11, 1989 TO: JEANNE M. LEONCINI, City Clerk FROM: GARY T. RAGGHIANTI, City Attorney SUBJECT: SAN RAFAEL CITY COUNCIL AGENDA NO. 18 MELTING OF DECEMBER 4, .1989 - REVISION TO ORDINANCE NO. 1580 - AN ORDINANCE OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, PROPERTY FROM U (UNCLASSIFIED) DISTRICT TO P -D (PLANNED DEVELOPMENT) DISTRICT (MARIN SANITARY SERVICE) Please include the following revision to Ordinance No. 1580, which action was taken by City Council at regular meeting of December 4, 1989, and has been deemed to be a nonsubstantive revision. Therefore, Ordinance No. 1580 does not have -to be re -introduced, passed to print and brought back to the City Council of the City of San Rafael for second reading and Final adoption: REVISION TO "EXHIBIT C" - CONDITIONS OF APPROVAL - ADD (c) TO CONDITION 3: 11C) New and/or additional. solid waste management uses may be allowed within the "Industrial" portion of the 73.2 acre parcel, subject to the approval of a Use Permit by the Planning Commission." b" GARY T. RAGGHIANTI, City Attorney r1 rOR CI TY h (7 1 11YIRL'NCf f• MIDI RYAN `7 I OF _ n-, S CCWN(Illk MEMBERS I, ro n hlCifRl' J CiORU RAFAEL �' Ll DUF(1F1.7Y fL 3RplIhlfQAN [AiY FUU01 JQAN C MAYEFi 14 00 FIFTH AVLNUE, P.O. BOX 60, SAN RAFAEL CALIFORNIA 94915.0060 / FAX: (415) 459.2242 December 11, 1989 TO: JEANNE M. LEONCINI, City Clerk FROM: GARY T. RAGGHIANTI, City Attorney SUBJECT: SAN RAFAEL CITY COUNCIL AGENDA NO. 18 MELTING OF DECEMBER 4, .1989 - REVISION TO ORDINANCE NO. 1580 - AN ORDINANCE OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, PROPERTY FROM U (UNCLASSIFIED) DISTRICT TO P -D (PLANNED DEVELOPMENT) DISTRICT (MARIN SANITARY SERVICE) Please include the following revision to Ordinance No. 1580, which action was taken by City Council at regular meeting of December 4, 1989, and has been deemed to be a nonsubstantive revision. Therefore, Ordinance No. 1580 does not have -to be re -introduced, passed to print and brought back to the City Council of the City of San Rafael for second reading and Final adoption: REVISION TO "EXHIBIT C" - CONDITIONS OF APPROVAL - ADD (c) TO CONDITION 3: 11C) New and/or additional. solid waste management uses may be allowed within the "Industrial" portion of the 73.2 acre parcel, subject to the approval of a Use Permit by the Planning Commission." b" GARY T. RAGGHIANTI, City Attorney ZEPOIT TO PLANNINGA475SCO1V LPAC CONDITIONS OF APPRQVAL. DIRE DEPARTMENT FILE NO._UP 96-8 1. Marin Sanitary Service shall maintain an adequate water supply and fire suppression systeXi throughout the life of the Resource Recoveiy Facility. 2. The exiNjng recycling of crank case oi[, car batteries and [atex paint shall be consistent- with onsistentwith the Ha rdous Materials ManagemEnnt Plan established for the operation of this facility. The fo owing conditions apply to this area: (a) The above gr nd waste oil tanks must be locatod. away from buildings and property fuzes and bermed t contain spills in a manner specified by Fire Prevention Standard 306; (b) The lead acid batt c storage area shall be bermed to contain spills and sealed with a chemically compatible s ,ant to prevent leaching in a manner specified by Hazardous Materials Standard No. 21 (c) "No Smoking" signs shale posted in all hazardous waste storage areas; (d) A minimum of 2 4013C fire E tinguishers shall be installed and accessible within a 50 foot travel distance. 3. The Fire Department's Hazardous aterials Coordinator shall issue all necessaxy permits for the operation of the I YouSCll ld Hazardous Waste Facilities. 4. Operation of the " Biogest" machine shall o Iain all necessary permits from the Fire Departulcnt. The California Depatment of'1'ox' swill issue a "Conditional Exempt Staills" permit for the on-site treatment of hazardous wa s if the treated waste is less than 55 gallons or 550 pounds per month. The conditional - empt status must be obtained through formal notification by the facility to the Depa •tment of Toxics and payinent of a :100 notification filing fee. POLICE DEPARTMENT 5. All exterior lighting shall be to the satisfaction of the Police D�Rartrnent. 6. All lighting shall be on a master photo electric roll PUBLIC WORKS DEPARTMENT I-ILE NU, -UP 96-8 [?C�12T TO Pl ANNlNG C04S N PAGE 1! 7. An engineered site pian showing existing and proposed site conditions shall be submitted with the application for a building permit, B. A level "B" soils report shall be submitted with an application for a building permit, 9. No work shall be permitted in the Cit)r right -cif -way unle�;., approval for the roadway abandonment is obtained, PLANNING DEPARTMENT 10, This Master Use Permit shall allow all uses as they are described in the project description of this staff report. Uses described in the project description may be relocated to other Marin Sanitary parcels which have a General Plan designation of Industrial (See Exhibit K). No development shall be allowed in those areas designated as Open Space limitation by zoning. Should any animals be relocated to the open space parcel (Parcel E), this shall only be allowed for "grazing". No structures or disposal of "green waste" will be allowed on this parcel. Numbers of trucks utilized by Marin Sanitary may be increased. Numbers of employees working between the hours of 4-6 PM may only increase with an amendment to this permit in order to assess traffic impacts. 1-1. On-site storage, disposal or burning of refuse shall not be permitted, 12. No signage is approved under this permit. 13. No odors shall be detectable beyond any Marin Sanitary property line. Additional rnnitigation measures shall be required if .the Maauni.ng Commission determines there to be such a problem. 14. The exterior noise level shall not exceed 70 dba(LDN) measured at any Marin Sanitary Service property line. 15. All Marin Sanitary facilities shall be closed to the public on or before 4;00 PM (Monday throught Friday). All businesses leasing land from Marin Sanitary, including contractor storage yards shall end operations at 4PM. Any businesses requesting; business hours after 4 PM must apply for and receive approvals for a use permit. This permit process will require the submittal of a traffic study to assess potential traffic impacts. Use of the educational classroom, located on the second floor in the recycling building may be reopened after 6:30 PM (Monday through friday). Signs shall be posted at each gate which state "Gates Closest at 4:00 PM", All vehicles already inside the facilities shall depart prior to 4:00 PM and no additional vehicles will be admitted after 4:00 PM. There will also be no quo Lng allowed if they cannot be served and depart- by 4:00 PM. The facility may operate from 6 AM. 16, Off-street parki)ig spaces for employees and visitors shall be maintained clear of materials and/or storage and available for parking at all times. FILE NO. UP 96-B REPORT TO Y'I ANNING COh MISSION / PAGE 18 17. All machinery within building) shall be properly maintained and muffled. 18. Materials, vehicles and containers stored outside any building shall be kept no higher than 10 feet above the ground surface. 19. Appliances and other metal parts to be crushed shall have all liquids removed only in accordance with nationally recognized standards and federal, state and local laws and ordinances. All such liquids shall be collected into containers, shall be prevented from entering sewers, storm drains, and shall be disposed of off-site in accordance with State and Pederal Standards for the materials. 20. Prior to the use of the 2.8 acre parcel, APN 19-141-03, the owner sha It demonstrate to the satisfaction of the City Attorney that the owner possesses access rights to the 2.8 acre parcel from Jacoby Street across the former railroad right of way. Approval of uses of parcels shall terminatc concurrently with any termination of access rights. 21. All debris -containers shall be stored empty except as otherwise approved by an amendment to this permit. 22. Stored debris containers shall be continuously drained, covered or othenvise maintained to prevent retention of rainwater. 23. The preliminary landscape plan appears as Exhibit E of the staff report. Specific landscape plans will be required as part of required Design Review permits. 24. All landscaping shall be maintained in a healthy and thriving condition, free of weeds and debris. 25. The animal husbandry area of the project shall be consistent with the following Gond i tions: (a) Pens shall be cleaned at least once a day to remove fecal matter in solid bedding; (b) Solid bedd ing end fecal material shall be placed iii a dumpster with the lid kept closed to prevent flies from entering; (r-) T'lze dumpster shall be cleaned routinely to prevent- fly breeding; (d) The area shall be swept free of all debris, fecal material and food wastes before washing this area down; (e) Food shall be adequately stored in an area that is kept clean and is sealed to prevent attraction by rodents and; (f) All activities within the animal husbandry area shall comply with the requirements/regulations of the Marin Hurnane Society. 2.6. The following site improvements shall require the approval of an Environmental and Design Review permit by the City's Zoning Administrator prior to issuance of construction permits: PILL'•. ND. UP 96-8 2UPORT M PLANNING COMMISSION / PAGE 19 (1) Parking facilities (parking dock and parking lots); (2) Roadway improvements necessary to accommodate the new truck scales; (3) Scale booths, including second story office; (4) Permanent structures utilized for the Household Hazardous Waste Facilities; and (6) Site grading; (7) Contractor storage yards. These facilities be reviewed to insure an adequate parking design, that all storage be kept belwv landscaping height and/or fence height and to insure an adequate landscape plan; (8) Modular office structures; and '(9) Caretaker unit; Zoning Administrator review will be at the discretion of the Plarming Director. Necessary traffic mitigation fees for these improvements will be assessed at this time. 27. Consistent with General Plan policy R-14 and General Plan Map GP -9, the applicant shall enter into a written agreement with the City Council which will guarantee the recordation of easements for bicycle paths and pedestrian trails at such a time 1vhen the exact location of these easeinents can be decided. The public trail access easements shall be in substantial compliance with the alignments shown on General flan Map Gl'-9 and over fire roads leading from Jacoby Street to and :Tong the ridgeline of San Quentin Ridge. The Class 1 bicycle path running from Jacoby Street generally along the western side of the 73.2 acre parcel pursuant to General Plan map GP -8, and along a gradient line of less than six percent or such other gradient approved by the City 'Traffic Engineer, to the southwestern corner of the 73.2 acre parcel. These easements shall be accepted by the City only upon authorization by the City Council. The Bicycle Path easement shall be accepted only upon a City Council determination that construction of such a path inside the NWP railroad tunnel is not reasonably feasible. NEGATIVE DECLARATfON CONDITIONS 28. A Geotechnical Investigation Report (Level B) shall be submitted and reviewed by the Public Works Department prior to the issumice of grading orbuilding permits. 29. Site grading shall conform with standard Grading permit requirements relating to e-rosion and dust control including submission and approval of the following: (1) An engineered site plan which shows all existing and proposed site Conditions; and (2) A siltation and erosion control plan which includes a proposal for the replanting and maintenance of graded slope areas. 30. All grading activities will be subject to a statewide general construction activity NPDES permit, issued by the California Regional Water Quality Control Board. This permit will develop a stormwater pollution prevention plan for erosion. This permit shall be secured prior to the issuance of a grading permit. The applicant shall file a copy ()f the NPDES permit with the Planning DepatIffle,nt prior to the issuance of a grading permit. FILE NU. Ut' 96-8 UPO -r 'a PLA NNINQ COL&AISSION / PAGE 20 31. The project site shall be adequately watered as necessary. Public contact with reclaimed water utilized for dust control purposes shall not be allowed. 32. Mitigations affecting activities located within the on-site transfer station and materials recovery building shall be consistent with the mitigations identified in the Report of Station Information (solid waste facilities permit). These mitigations include face masks for employees and air filters, Buildings where waste is collected shall be periodically stearnwashed to controt dust. 33. All on-site composting aetivities.sliall be governed by mitigations identified in the Report of Compost Information. 34. Permits from the Bay Area Air Quality Management District shall be. required for the site. A "risk screen" which analyzes potential toxic emissions shall be prepared for the proposed household hazardous waste collection center. Should the preliminary risk screen indicate potential hazards, additional studies will be required. These permits shall be secured prior to the City's lire Department approval of the facility. Alt BAAQMD perrnits shall be filed with the Platnning Department prior to the operation of the collection facility. 35. Mitigations affecting the generation of odors within the on-si(e transfer station and materials recovery building shall be consistent with tl)e mitigations identified in the Report of Station Information (solid waste permit), 36, A drainage plan shall be submitted and approved by the Public Works Department prior to the issuance of a grading permit. 37. The stormwater runoff Plan will be subject to a, statewide general construction activity NPDES permit, issued by the California Regional Water Quality Control Board. This permit will require elimination of all non-stormwater discharges; development of a stormwater pollution prevention plan for erosion, runoff and materials disposal; and development of an ongoing monitoring plan. '11e stormwater pollution plan shall bicorpora'te the fQl lowing information: (1) The areas utilized for composting activities shall be becmed or otherwise managed to prevent pollution to the stormwater systern and into tate San Francisco Bay; (2) The yard where the pigs and goats are kept shall be managed in accordance with the California Code of Regulations, Title 23, Chapter 15, Article 6 (Confined Animal Facilities) to prevent pollution of stormwater with animal manure; (3) The household hazardous waste facility shall be constructed so that there is no potential contamination of sewer or stormwater systems in the evens: of a hazardous materials shill. The area shall be self-contained with no drainage to the sanitary or storm sewers. Site mitigation for potential hazardous waste spills will heed to include a spill contingency plan, proper chemical storage and employee training plan; (4) Vehicle maintemmce or wash areas shall not drain to the storm sewers. Any such discharges shall be recycled or plumbed to go to the sanitary sewer. Potential drainage from wash waters or rain water that traverses the transfer station or resource recovery center shill also be contained and FILE NUJJP 46-8 REPORT TO PLANNING CaMn4ISSiO II�PAG1 21. prevented from entering the stormwater systern, This permit shall be obtained prior to site grading or construction permits. The applicant shall file a copy of the NPDES permit with the Planning Department prior to the issuance of site grading or construction Permits, 38. Mitigations affecting the generation of noise within the on-site transfer station and materials recovery building shall be consistent with the mitigations identified in the Report of Station hiformation (solid ivastc facilities permit). Specifically, employees located within these facilities shall be provided ear plugs. 39. Construction and daily operations of the facility shall be in accordance with the Proposal to Establish an :Household Hazardous Waste Collection Center and Operate a Mobile Satellite Facility, prepared for the County of Marin. 40. The applicant shall obtain a perrni.t from the State Department of Integrated Waste Management prior to construction of facility improvements. The following mitigation measures shall be incorporated into the permit; (1) The hazardous materials collection area shall be covered with a metal roof with bins provided for materials; (2) Each. hazardous material shall be stored in separate containers; (3) An employee training plan shall be prepared and implemented; (4) A separate drainage plan for the facility shall be prepared; (5) Appropriate fire extinguishing equipment shall be located on-site; (6) Customers shall remain in vehicles during the removal of the household hazardous waste materials; and (7) Facility employees shall only take seated and labeled household hazardous waste materials. All permits required from the State Department of Integrated Waste Management shall be filed with the Planning Department prior to construction of facility improvements. 41. Mitigations affecting the load checking program for illegal hazardous waste disposal within the on-site transfer station and materials recovery building shall be consistent with the mitigations identified in the Report of Station Information (solid waste facilities Perin it). 42. The applicant shall hire a qualified archaeologist to be on-site when grading operations occur in the area where 16,000 cubic yards of material will be graded (Parcel 13). Should asite be found during the grading process, the grading operation shall be shut down until necessary steps are taken to secure the site/objects. 43. Prior to the issuance of a grading hermit for the 16,000 cubic yards of materiel, the applicant shall submit a truck route schedule, including hours of operation, to the Plaiuning and Public Works Departments. 44. This use permit shall be valid indefinitely with mandatory permit compliance review every 5 years. The applicant shall submit a letter which identifies how the Marin Sanitary facilities are in compliance; with the permit conditions of approval. The first letter shall be submitted in 5 years, or by November 2 ,1997, Failure to submit the letter of permit PILL NO. UP 96-8 BN,,' -Q I TO PLAN7VlNG COWAISS10N LPAgE22 compliance will result in the revocation of the use permit. This elate will remain valid with the use permit amendment application in that a compliance review of the first 4 years has not been completed by the applicant, Exhibit 7 CITY OF SAN IWA.EL NOTICE OF PUBLIC .1-IEA11ING You are invited to attend the Planning Commission hearing on the Following project: PROJECT: 1050 Andersen Drive as 535-565 Jacoby Sheet (Marin Sanitary Service Master Plan Amendment) - Rmning, Master Use Permit, Environmental and Design Revim. Lot Consolidation and Right of Way Vacation requests to (1) rezone the 82.15 -acre MSS property from PD 1580 and Industrial (1) zone to revised PD, consolidate the five (5) individual MSS parcels into one parcel, master use and design approvals of continued waste management facility operations and container storage use, and minor site landscaping, parkint; and fire safety enhancx:ments, as -built retaining, walls, and open space boundary adjustments, (2) right of way abandonment pursuant to Ca Stt•eets and Highways Code 8300 et seq. of 60' wide by 400' long improved and 30' wide by 2400' long unimproved portions of Jacoby Street extending west to east through the MSS site with new utility easements established as shown on the MSS project plans and maps, and (3) rezone the 2.78 acre Golden Gate Bridge Highway and Ti ansportation District properly fi-orn P171580 to P/QP and use pewiit for continued outdoor storage on the properly; APN's: 0I 8-180-72 tht-ough -76 and 018- 140-03; PD1580 and I Oishicts; Marin Sanitary Service and Golden Gate Bridge Highway & Transportation District, owners & applicants; File No(s).: 7C09-001, UP09-020, ED09-032, 509- 002 As rcyuired by slate law, the project's potential envira+uneutal flnImets hav been assemvd Planning staf9'hos prepared n hlltigaled Negative Ikelaralion for the project which meets rhe provisions ojthe Cal fnrxria l:rndronmerual Quality Aet tCrQvJ). A 30-dm)pablic review and coaauent period on the adequaq gf7he Mitigated Negative Declaration has been intliated on Monday, iWay 18.2015. Public comments on the ;lli/igaled Negative Declaration will be received until Diesdir}> June 23, 2015. HEARING DATE: Tnesday, June23, 2015 of 7:00 P.M. LOCA'T'ION: At San Rafael City Hall -- City Council Chambers 1400 Fifth Avenue at "13" Street San Rafael, California WHAT WILL You can connnnenl on the project. The Planning Cornvnission will consider all public testimony and IiAP13EN: decide whether to recommend that the City Council approve the project applications. The City Council will conduct a separately noticed hearing to consfder'taking action oil the project. IF YOU CANNOT You can send a letter to the Community Development Department, Planning Division, City of Sail ATTEND: Rafael, P.O. Box 151560, San Rafael, CA 94915-.1560, You can also hand deliver it prim to the meeting. FOR MORE Contact Kraig Tambornini, Project Planner at (415) 485-3092 or INFORMATION: kruig.tamborniniocityofsonrafaeLorg. You can also come to the Planning, Division office, located in City Hall, 1400 fifth Avenue, to look at the file for the proposed project. Tine office is open From 8:30 a.m. to 5:00 pan. on Monday and Thursday and 8:30 a,m. to 12:45 p,m, on "Tuesday, Wednesday and Friday. You can also view the staffreport atter 5:00 p.m. on die friday before the meeting at hitna/www.citvof'sanrafae_Lore/meetings SAN RAFAEL PLANNING COMMISSION Jsl Paul A Jensen Paul A Jensen irector Community Development Director- At the above time and place. all letters recelved will be noted and all inlerested parties will be, heard. I ryou challenge in court the matter described above, you may be I united to raising only those issues you or someone else raised at the public hearingdescribed in this notice, or in written conesponderiee delivered at, or prior to, the above referenced public tu:tuing (Govenunent Code Section 65009 (b) (2))• Appcals of decisions by the Planning Commission to the City Council shall be made by filing a notice thereof in writing with the required fee to the Planning Division of the Community Development Department within 5 working days of a decision involving, Tille 14 (Zoning) (SRMC Section 14.28,030) or within 10 calendar days c)f a decision involving 'Title 1.5 (Subdivisions) (SRMC 15.56.010), ,sign 1 anglurge and )rw+prelaliou and nss)slive listening devices may be requested by calling (415) 485-31k45 (voice) or (415) 485-319.4 (77)D) at least 72 houes in advance. Capies ojdocrnnenls are awdlable 117 C1CCC.Sf'iblefrrmcrls upon request. Public hwnsporlallon to CIO, licit) is availerhle throogl) Golden Gale %)•ansil, Line 22 or 23. Purer-mansit is available Jas+ catling 14'hislleslnp 147reels at (415) 4.54-0964. To allow Indiv)chtal.+ wilh envir omilental illness ar rnuJtip)e cheunical sensllhdly to allend the meelingrhccu•ing. individuals are requesled to refrain from wearing producls.