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CC Resolution 15031 (The Neighborhood at Lost Gamos, A Proposed Mixed-Use Project)1 RESOLUTION NO. 15031 RESOLUTION OF THE CITY OF SAN RAFAEL CITY COUNCIL CONDITIONALLY APPROVING A VESTING TENTATIVE PARCEL MAP AND ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED 20-058) FOR THE CONSTRUCTION OF A MIXED-USE PROJECT CONSISTING OF 192 RESIDENTIAL APARTMENT UNITS, A 5,600 SQUARE-FOOT MARKET, A 5,000 SQUARE FOOT COMMUNITY CENTER, AND 225 AT-GRADE AND SEMI- SUBTERRANEAN PARKING SPACES FOR THE 10.24 ACRE SITE LOCATED AT THE SOUTHERLY TERMINUS OF LOS GAMOS DRIVE NORTH OF OLEANDER DRIVE (THE NEIGHBORHOOD AT LOS GAMOS) (APNS: 165-220-06 AND 165-220-07) WHEREAS, on December 22, 2020, the applicants submitted applications for a General Plan Amendment (GPA 20-001) from Hillside Resource Residential to Neighborhood Commercial Mixed Use; Zone Change (ZC 20-002) from Planned District – Hillside Development Overlay District (PD-H) and Residential – Hillside Development Overlay District (R2a-H) to Planned Development District (PD); Vesting Tentative Parcel Map to combine and adjust the boundaries of the existing parcels; and Environmental and Design Review (ED 20-058) for a mixed-use project with 192 multi-family residential units; an approximately 5,600-square-foot market; a 5,000-square-foot community center; and 225 at- grade and semi-subterranean parking spaces; on a 10.24 acre site located at the southerly terminus of Los Gamos Drive north of Oleander Drive; and WHEREAS, the current zoning for the site does not allow the type of mixed-use development proposed and does not contain appropriate land use limitations and development standards, as required by Section 14.07.060 of the Zoning Ordinance; and WHEREAS, as required by the California Environmental Quality Act (CEQA) Guidelines, staff determined that the applications for a general plan amendment, zone change, vesting tentative parcel map, and environmental and design review permits, are a ‘project,’ making it subject to environmental review. Pursuant to CEQA Guidelines Section 15063, an Initial Study/Mitigated Negative Declaration (IS/MND) was prepared to determine the potential environmental impacts of the project. The IS/MND is supported by several technical studies including air quality, noise, geotechnical and traffic); and WHEREAS, as demonstrated in the preparation of the Initial Study/Mitigated Negative Declaration (IS/MND), all potentially significant effects on the environment identified in the IS/MND can be mitigated to less-than-significant levels with implementation of the recommended mitigation measures, including impacts to aesthetics, air quality, biologic resources, cultural and tribal resources, geology and soils, and hydrology and water quality consistent with CEQA Guidelines; and WHEREAS, consistent with the requirements of the CEQA Guidelines, a Mitigation Monitoring and Reporting Program (MMRP) has been prepared to ensure implementation of, and compliance with, all conditions required to mitigate any environmental impact to a level of less than significant. All the identified mitigation measures have also been included as conditions of project approval; and WHEREAS, on September 30, 2021, the applicant held a Neighborhood Meeting via zoom which was duly noticed to the residents and property owners within 300’ of the project site and notice of the meeting was also posted on the site; and WHEREAS, on October 5, 2021, the project was considered by the Design Review Board (DRB) which recommended approval of the project subject to conditions to reconsider a darker color palette for the walls of the structures, to try to provide a more natural and less formal arrangement of the proposed trees on the project, to mitigate the impact of the tall retaining walls in the Village Commons, and for the 2 project to come back for final review of the design details by the DRB when building permits were submitted; and WHEREAS, the applicant has agreed to all the recommended changes and they have been incorporated into the conditions of approval for the project; and WHEREAS, the project, including the Notice of Availability of the IS/MND, along with the planning applications, was publicly noticed 30 days in advance of the Planning Commission hearing, through the following means: 1) the subject site was posted; 2) publishing a legal ad in the Marin Independent Journal, a local newspaper of general circulation in the area, on November 1, 2021; and 3) notices were mailed to surrounding property owners within 300 feet, pertinent agencies (including responsible and trustee agencies), organizations and special interest groups in conformance with the CEQA Guidelines; and WHEREAS, on December 14, 2021, the Planning Commission held a duly-noticed public hearing on the proposed project to consider the IS/MND and MMRP, General Plan Amendment, Zone Change, Vesting Tentative Parcel Map, and Environmental Design Review Permits, accepting all oral and written public testimony and the written report of the Department of Community Development; and WHEREAS, on December 14, 2021, following a public hearing and deliberation on the project, the Planning Commission voted 5-0 (Commissioners Previtali and Mercado absent) to recommend approval of the Environmental and Design Review Permit (ED 20-058) and the Vesting Tentative Parcel Map applications to the City Council, subject to conditions of approval; and WHEREAS, on December 14, 2021, by adoption of separate resolutions, the Planning Commission recommended adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the project, the General Plan Amendment (GPA 20-001), and the PD Rezoning (ZC20-002) to allow for the proposed development as presented on the plans, with appropriate development regulations and land use limitations for the residential use; and WHEREAS, on February 7, 2022, by adoption of a separate resolution, the City Council adopted a Mitigated Negative Declaration and approved a Mitigation Monitoring; and WHEREAS, on February 7, 2022, the San Rafael City Council held a duly noticed public hearing to consider the General Plan Amendment (GPA 20-001), PD Rezoning (ZC20-002), Environmental and Design Review Permit (ED20- 058), and Vesting Tentative Parcel Map and accepted and considered all oral and written public testimony and the written report of Planning staff; and WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based is the Community Development Department. NOW THEREFORE BE IT RESOLVED that the City Council of the City of San Rafael does hereby approve the Environmental and Design Review Permit (ED20-058) and Vesting Tentative Parcel Map based on the findings in Exhibit A and conditions of approval in Exhibit B, incorporated herein by reference. I, Lindsay Lara, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael City Council held on Monday, the 7th day of February 2022, by the following vote to wit: AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: COUNCILMEMBERS: None 3 ABSENT: COUNCILMEMBERS: None LINDSAY LARA, City Clerk Exhibit A Findings Exhibit B Conditions of Approval 1 Exhibit A Environmental and Design Review Permit Findings (ED 20-058) In accordance with San Rafael Municipal Code (SRMC) Section 14.25.090, Findings, the following findings are required for approval of an Environmental and Design Review Permit: 1. The proposed mixed-use project as conditioned is consistent in principle with the San Rafael General Plan 2040 and other applicable City plans or policies in that the development plans for The Neighborhood at Los Gamos includes appropriate development standards, and is subject to an Environmental and Design Review Permit, implementing the intent of Chapters 22 (Use Permit) and 25 (Environmental and Design Review Permit) of the San Rafael Zoning Ordinance, Subdivision Ordinance (Title 15 of San Rafael Municipal Code). A detailed discussion of the Project’s consistency with the applicable General Plan policies is provided in the General Plan Consistency Analysis matrix in Exhibit B to Attachment 2 (Resolution recommending approval of the General Plan Amendment and Zone Change). 2. The project design, as proposed and conditioned, is consistent with the objectives and criteria of the Zoning Ordinance, and the purposes of Chapter 25 (Environmental and Design Review) in that: a) The development presents a competent design that has been thoughtfully studied and presented to the Design Review Board, both as a conceptual design and then as a formal application design. The applicant has agreed to modify the proposed building design and landscaping as recommended by the Board and these changes have been incorporated into the conditions of approval. The proposed new development has been designed to comply with the applicable NCMU property development standards, with the exception of the Waiver requested for height and the Concession for parking as provided by State Density Bonus Law, and the proposed project is not requesting any other deviations (Variances) from land use regulations. The project has also been reviewed by local residents during a formal Neighborhood Meeting (including a 15-day notice sent to property owners and tenants within 300 feet of the project site). b) The site plan respects site features and constraints by avoiding the existing drainage paths on the property and by preserving the majority of the mature trees. The South Park area of the project, just over an acre, located south of the proposed buildings, maintains much of the existing vegetation to create an outdoor recreation area for the use of the project residents. Of the 285 existing trees, 205 of the existing oaks will be preserved and 210 new trees, including oak species, will be planted on the property. c) The materials and colors that have been included in the proposed architecture are consistent with the context of the surrounding area. The buildings are designed in a Contemporary style. Walls would be a combination of stucco, lap siding and painted concrete. Trim would be painted wood. Colors are earth-tones in complementary shades. As recommended by the Design Review Board, the applicant has agreed to alter the colors of the buildings to make the colors more compatible with the surrounding natural setting. Large areas of each of the walls of the residential buildings incorporate windows, introducing considerable light into the units. The residential buildings use horizontal and vertical articulation to break up the mass. 2 The project as conditioned will utilize colors and materials that will effectively blend the proposed building with the predominant colors of the surrounding natural setting. d) The proposed site plan incorporates design features to ensure that stormwater runoff will be appropriately managed to avoid off-site impacts. In addition, Mitigation Measure HYDRO-1 requires that the project applicant prepare a Stormwater Pollution Prevention Plan (SWPPP) and/or Erosion and Sediment Control Plan (ESCP) in accordance with the requirements of the statewide Construction General Permit and the City of San Rafael Department of Public Works. The SWPPP shall include the minimum Best Management Practices (BMPs) required for the identified risk level. This mitigation measure and the project design will ensure that any potential impacts related to stormwater runoff are reduced to a less-than-significant level. 3. The project design with conditions minimizes adverse environmental impacts in that: a) The project would not cause the level of service at nearby intersections to exceed the standards of the General Plan. b) Potential environmental impacts have been addressed through the preparation of an Initial Study and Mitigated Negative Declaration (IS/MND) consistent with the requirements of the California Environmental Quality Act (CEQA). The IS/MND concluded that the proposed project would result in potentially significant impacts in Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Hydrology and Water Quality, and Tribal Resources. Any potential impacts would be mitigated to a less-than-significant level through implementation of recommended mitigations listed in the Mitigation Monitoring and Reporting Program of the IS/MND. 4. The project design, as proposed and as conditioned, will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity in that: a) The environmental impacts associated with the development of the project have been assessed and the project impacts can be mitigated to less-than-significant levels with the implementation of specific mitigation measures as discussed in Environmental and Design Review Permit Finding #3 above. b) The project design would be an appropriate transitional use in an area which has both commercial and single-family development. The project would preserve the majority of the natural environment of the site. The South Park area will include both natural areas, a pedestrian walkway, and children’s recreational play area. Furthermore, the project’s siting, scale and mass has been designed to minimize visual impacts on adjacent properties, and the new lighting is within the 1-foot candle (Fc) limit along the property line. c) The site is subject to a condition of approval requiring a 90-day lighting review to adjust lighting levels and reduce glare as needed to eliminate spillover glare onto adjacent properties. Vesting Tentative Parcel Map Findings 5. The proposed map is consistent with the San Rafael General Plan and any applicable, adopted specific plan or neighborhood plan as noted in Environmental and Design Review 3 Permit Finding, #1 above. The purpose of the map is to allow the creation of a mixed-use development consisting of 192 residential apartment units; 225 parking spaces; a 5,574 square-foot market; and a 5,003 square-foot community center. 6. The design or improvement of the subdivision is consistent with the San Rafael General Plan and any pertinent, adopted specific plan or neighborhood plan in that: a) the subdivision would create 192 units on the 10.24-acre parcel, which is in keeping with the allowable density (8.7 to 24.2 units/acre or 89-247 units) per the Neighborhood Commercial Mixed Use Land Use Designation, which encourages a mixed-use development in this location; and b) the City has balanced the regional and local housing needs against the public service needs of its residents, as well as available fiscal and environmental resources, and concludes that adequate public services are available to the site based on existing service providers that have reviewed the project and indicated that subject to conditions of approval, the system has the capacity to provide service. 7. The property subject to subdivision is physically suitable for the density of development that is proposed in that: a) the proposed subdivision would create 192 apartment units on site, which is below the maximum density allowable per General Plan 2040 (247 units); b) the project parking does not meet the minimum requirement for the residences based on unit size established by State Density Bonus Law or the minimum requirement for the commercial as set by zoning; however, the applicant has applied for a Concession for reduced parking as provided by State Density Bonus Law; c) ample, code compliant private and common usable open space is provided for the project. 8. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat in that: a) the site is an in-fill site that has been designated in the General Plan as Neighborhood Commercial Mixed Use with an allowed residential a density of 8.7- 24.2 units per acres; and b) An Initial Study/Mitigated Negative Declaration has been prepared and appropriate mitigation measures identified in the Mitigation Monitoring and Reporting Program to reduce any identified potential impacts to less-than-significant levels. 9. The design of the subdivision or the type of the proposed improvements is not likely to cause serious health problems in that: a) it is a mixed-use project that will be an appropriate transitional use between the single-family residences to the south and west and the commercial uses to the east; b) the proposed project would be built in accordance with the latest Building and Fire codes to ensure the health and safety of future residents and adjacent neighbors; c) the City’s Public Works Department and Las Gallinas Valley Sanitation District have reviewed the drainage and proposed sewer connections for the project site and deemed the project design to be in keeping with City standards, subject to conditions of approval; and 4 d) as conditioned, the proposed subdivision would not result in impacts to water quality or impacts to environmental resources in that an erosion control plan is required as a condition of project approval, which must be implemented before any grading or construction commences on the site. 10. The design of the subdivision or the type of proposed improvements will not conflict with existing, identified easements on site. 11. The design of the subdivision or the type of proposed improvements are consistent with the standards for Hillside Lots as described in SRMC Section 15.07 in that: a) the project will consist of one, 10.24 acre lot, which is larger than the 2.5 acre minimum; b) the project employs development clustering; c) the project is subject to an Environmental and Design Review Permit (ED 20-058) and findings in support of that application are listed above; d) the use of clustering minimizes grading, visual impacts, minimizes the removal of natural vegetation, and maximizes preservation of existing trees; e) the project is not located on a highly visible hillside nor on a ridgeline; f) the proposed development preserves the hillside as a visual backdrop; g) steep slopes and more hazardous, unstable portions of the site have been avoided; h) development plans, and the conditions of approval, will require the preparation of detailed geotechnical reports to ensure that development of the site can mitigate any geotechnical constraints that might be discovered; i) the buildings were reviewed by the Design Review Board and, as conditioned, were found to achieve necessary hillside design quality; j) the development of the site preserves the existing drainage paths on the site and the majority of the existing vegetation; and k) no new streets are proposed; access will be via a looped driveway system that, following review by Public Works, Fire and Building and Safety has been found to provide appropriate access. 12. The design of the subdivision or the type of proposed improvements are consistent with the standards as described in SRMC Section 15.06 in that: a) the project proposes one lot rather than individual for-sale lots; b) no streets are proposed; c) sidewalks, walkways and lighting conform to the standards of the Code; d) the proposed grading and drainage design has been reviewed by the Department of Public Works and Las Gallinas Valley Sanitary District and found, as conditioned, to provide proper grading, drainage and erosion control; e) the project will be constructed in compliance with the current Building and Fire Codes which will ensure that appropriate fire protection measures and construction techniques will be employed; and 5 f) all utilities will be undergrounded. 1 Exhibit B ENVIRONMENTAL AND DESIGN REVIEW (ED 20-058) CONDITIONS OF APPROVAL General Conditions 1. The proposed project shall be constructed in substantial conformance with the project plans as presented for approval at the City Council public hearing of February 7, 2022. These plans shall be the same as required for issuance of building, grading and other City permits. Minor modifications or revisions to the project plans shall be subject to review and approval by the Community Development Department, Planning Division. Modifications deemed not minor by the Community Development Director shall require review and approval by the original decision making body. 2. Approved colors for the project structures shall be as shown on the approved plans or as modified by these conditions of approval. Any future modification to colors shall be subject to review and approval by the Community Development Department, Planning Division. Modifications deemed not minor by the Community Development Director shall require review and approval by the Design Review Board. 3. Applicant shall remit payment of the State Fish and Game fees in order for staff to file a Notice of Determination with the County Clerk within 5 days of project approval. The current fee amounts are $2,210 (current fee as of 2021) payable to the State Fish and Game and $50.00 payable to the Marin County Clerk and are subject to increase on January 1st of each year. 4. The project Mitigation Monitoring and Reporting Program (MMRP) of the Mitigated Negative Declaration is incorporated into these conditions of approval by reference. Mitigation Measures are also listed below in these conditions of approval. Applicant and property owner shall comply with all terms and conditions of the MMRP. A deposit for Mitigation Monitoring shall be paid as required by these conditions. 5. Property owner and applicant agree to defend, indemnify, release and hold harmless the City, its agents, officers, attorneys, employees, boards and commissions from any claim, action or proceeding brought against any of the foregoing individuals or entities (“indemnities”), the purpose of which is to attack, set aside, void or annul the approval of this application or the certification of any environmental document which accompanies it. This indemnification shall include, but not be limited to, damages, costs, expenses, attorney fees or expert witness fees that may be asserted or incurred by any person or entity, including the applicant, third parties and the indemnities, arising out of or in connection with the approval of this application, whether or not there is concurrent, passive or active negligence on the part of the indemnities. 6. In the event that any claim, action or proceeding as described above is brought, the City shall promptly notify the Property owner and applicant of any such claim, action or proceeding, and the City will cooperate fully in the defense of such claim, action, or proceeding, In the event applicant/property owner is required to defend the City in connection with any said claim, action or proceeding, the City shall retain the right to; 1) approve the counsel to so defend the City; 2) approve all significant decisions concerning the manner in which the defense is conducted; and 3) approve any and all settlements, which approval shall not be unreasonably withheld. Nothing herein shall prohibit the City 2 from participating in the defense of any claim, action or proceeding, provided that if the City chooses to have counsel of its own to defend any claim, action or proceeding where Property owner and applicant already has retained counsel to defend the City in such matters, the fees and the expenses of the counsel selected by the City shall be paid by the City. 7. As a condition of this application, applicant/property owner agree to be responsible for the payment of all City Attorney expenses and costs, both for City staff attorneys and outside attorney consultants retained by the City, associated with the reviewing, process and implementing of the land use approval and related conditions of such approval. City Attorney expenses shall be based on the rates established from time to time by the City Finance Director to cover staff attorney salaries, benefits, and overhead, plus the actual fees and expenses of any attorney consultants retained by the City. Applicant shall reimburse City for City Attorney expenses and costs within 30 days following billing of same by the City. 8. All site improvements, including but not limited to, site lighting, fencing, landscape islands and paving, striping shall be maintained in good, undamaged condition at all times. Any damaged improvements shall be replaced in a timely manner. 9. The Project site shall be kept free of litter and garbage. Any trash, junk or damaged materials that are accumulated on the site shall be removed and disposed of in a timely manner. 10. All new landscaping shall be irrigated with an automatic drip system and maintained in a healthy and thriving condition, free of weeds and debris, at all times. Any dying or dead landscaping shall be replaced in a timely fashion. 11. All public streets and sidewalks and on-site streets which are privately owned that are impacted by the grading and construction operation for the Project shall be kept clean and free of debris at all times. The general contractor shall sweep the nearest street and sidewalk adjacent to the site on a daily basis unless conditions require greater frequency of sweeping. 12. This Environmental and Design Review Permit shall run with the land and shall remain valid regardless of any change of ownership of the Project site, subject to these conditions, provided that a building/grading permit is issued, and construction commenced, or a time extension request is submitted to the City’s Community Development Department, Planning Division, within three (3) years of the City Council approval. Failure to obtain a building permit and grading permit and construction or grading activities commenced, or failure to obtain a time extension within the three-year period will result in the expiration of this Environmental and Design Review Permit. 13. This Environmental and Design Review Permit (ED 20-058) approving the Project shall ran concurrently with the approved Vesting Tentative Parcel Map. If either entitlement expires, this Environmental and Design Review Permit approving the Project, as depicted on Project plans, shall also expire and become invalid. 14. A copy of the Conditions of Approval for ED 20-058 shall be included as a plan sheet with the building permit plan submittal. 3 15. Bicycle parking shall be provided in compliance with San Rafael Municipal Code Section 14.18.090. This requires bicycle spaces provided on site at a minimum of 5% of total vehicle parking, including a minimum of one two bike capacity rack for short term bicycle parking. Final plans shall include a design detail for proposed bicycle parking spaces, proposed number and location subject to final review and approval by the Community Development Department and Traffic Engineer. 16. Property Owner/applicant shall be responsible for all costs associated with mitigation monitoring and shall remit an initial deposit in the amount of $6,540.00 for mitigation monitoring and condition compliance. Staff shall bill time against this deposit amount during Project review and implementation of the Project and monitoring of Project conditions, to assure compliance with conditions and mitigation measures has been achieved. 17. All mechanical equipment (i.e. air conditioning units, meters and transformers) and appurtenances not entirely enclosed within the structure (on side of building or roof) shall be screened from public view. The method used to accomplish the screening shall be indicated on the building plans and approved by the Planning Division. 18. Any outstanding Planning Division application processing fees shall be paid. 19. A construction logistics plan shall be submitted demonstrating how construction conditions shall be met. The plan must be approved by the Public Works Department and Community Development Director and shall include the conditions of approval and mitigation measures that are applicable to the construction of the Project. 20. The project shall be subject to the affordable housing requirements prescribed in Section 14.16.030 of the San Rafael Zoning Ordinance and is therefore required to provide twenty (20) of the 192 apartment units as affordable. Prior to the issuance of a building permit or recordation of the final map, whichever occurs first, a Below Market Rate (BMR) agreement for the twenty (20) affordable units shall be approved by the City Council and recorded on the property. The location of the BMR units shall be identified on the project plans and the final location shall be subject to review and approval of the City as part of the City’s consideration of the BMR agreement. Please contact the Marin Housing Authority to commence the agreement process. 21. Protective barrier fencing shall be installed during construction to protect existing trees that are to remain on site, as per the approved landscape plan. Plans showing the fencing, signage and barrier details shall be included on Project plans, The fencing shall be a minimum four-foot orange mesh protected by hay bales and signage designed to avoid intrusion by construction workers and equipment. Project Mitigation Measures Aesthetics 22. Mitigation Measure AES-1: Prior to the Building Permit final inspection, the project applicant shall submit to the satisfaction of the Community Development Department Director, a post-installation photometric lighting study showing that the lighting on site complies with the approved lighting levels per ED 20-058 and the requirements of SRMC 14.16.227. The project applicant shall also demonstrate to the Building Division that outdoor lighting fixtures meet the requirements of the California Energy Code (known as Part 6, Title 24 of the California Code of Regulations). 4 Air Quality 23. Mitigation Measure AQ-1: Include basic measures to control dust and exhaust during construction. During any construction period ground disturbance, the applicant shall ensure that the project contractor implement measures to control dust and exhaust. Implementation of the measures recommended by BAAQMD and listed below would reduce the air quality impacts associated with grading and new construction to a less- than-significant level. The contractor shall implement the following best management practices that are required of all projects: a) All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. b) All haul trucks transporting soil, sand, or other loose material off-site shall be covered. c) 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. d) All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph). e) All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. f) Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. g) All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. h) Post a publicly visible sign with the telephone number and person to contact at the City of San Rafael Building Division 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. 24. Mitigation Measure AQ-1a: All diesel-powered off-road equipment, larger than 25 horsepower, operating on the site for more than two days continuously shall, at a minimum, meet U.S. EPA particulate matter emissions standards for Tier 2 engines with CARB-certified Level 3 Diesel Particulate Filters or equivalent. a) The use of equipment meeting U.S. EPA Tier 4 standards for particulate matter would also meet this requirement. b) Use of equipment that includes alternatively-fueled equipment (i.e., non-diesel) would meet this requirement. c) Other measures may be the use of added exhaust devices, or a combination of measures, provided that these measures are approved by the City and demonstrated to reduce community risk impacts to less-than-significant levels. 25. Mitigation Measure AQ-2: Include high-efficiency particulate filtration systems in residential ventilation systems. The project shall include the following measures to minimize long-term increased cancer risk and annual PM2.5 exposure for new project occupants: 5 a) Install air filtration in residential dwellings. Air filtration devices shall be rated MERV 13 or higher. To ensure adequate health protection to sensitive receptors (i.e., residents), this ventilation system, whether mechanical or passive, all fresh air circulated into the dwelling units shall be filtered, as described above. b) As part of implementing this measure, an ongoing maintenance plan for the buildings' heating, ventilation, and air conditioning (HV AC) air filtration system shall be required. c) Ensure that the use agreement and other property documents: (1) require cleaning, maintenance, and monitoring of the affected buildings for air flow leaks, (2) include assurance that new owners or tenants are provided information on the ventilation system, and (3) include provisions that fees associated with owning or leasing a unit(s) in the building include funds for cleaning, maintenance, monitoring, and replacements of the filters, as needed. Biological Resources 26. Mitigation Measure BIO-1a: The project sponsor shall conduct pre-construction surveys prior to initiation of any construction activities, including the following: a) Rare Plant Survey. Prior to initiation of construction, a qualified botanist will survey for this species during their blooming season (April through November) to ensure these plants are not impacted. If individual plants are located within the development footprint, the qualified botanist will transplant individual plants to an area with the habitat requirements for this species in an area that will remain undisturbed within the Project Area. b) Special-Status Plant Survey and Avoidance. A qualified botanist shall conduct surveys during the appropriate blooming period for all special-status plants that have the potential to occur on or adjacent to the Project area prior to the start of ground- disturbing activities and prepare a report documenting survey findings. Habitat adjacent to the Project area should be surveyed if the Project may have indirect impacts off-site as a result of changes to hydrological conditions or other indirect impacts. More than one year of surveys may be necessary. Surveys and reporting shall be conducted following Protocols for Surveying and Evaluating Impacts to Special-Status Native Plant Populations and Sensitive Natural Communities. Surveys shall be submitted to CDFW for review and written acceptance. If special-status plants are found during surveys, the Project shall be re-designed to avoid impacts to special- status plants. If impacts to any special-status plants cannot be avoided completely during construction, the Project shall provide mitigation including on-site restoration, off-site habitat preservation, or another method accepted in writing by CDFW. The qualified botanist shall be knowledgeable about plant taxonomy, familiar with plants of the region, and have experience conducting botanical field surveys according to vetted protocols. c) Tree Removal and Migratory Bird Protection. Tree and shrub removal will be conducted between September 1 and February 14, outside of nesting bird season, to the extent possible. Tree removal between February 15 and August 31 will require a nesting bird survey by a qualified biologist no more than 7 days prior to work occurring. d) Active Bird Nest. If at any time of the year an active bird nest is observed within or near work sites, work within 50 feet of the observed nest shall cease, care shall be taken not to disturb the nest, and the work supervisor shall contact designated biologist for guidance on how to proceed. A no-work buffer will be implemented by the biologist as appropriate to protect the nest until the young have fledged. 6 e) Bat Tree Habitat Assessment and Surveys. Prior to any tree removal, a qualified biologist shall conduct a habitat assessment for bats. The habitat assessment shall be conducted a minimum of 30 to 90 days prior to tree removal and shall include a visual inspection of potential roosting features (e.g., cavities, crevices in wood and bark, exfoliating bark, and suitable canopy for foliage roosting species). If suitable habitat trees are found, they shall be flagged or otherwise clearly marked and tree trimming or removal shall not proceed unless the following occurs: a) in trees with suitable habitat, presence of bats is presumed, or documented during the surveys described below, and removal using the two-step removal process detailed below occurs only during seasonal periods of bat activity, from approximately March 1 through April 15and September 1 through October 15, or b) after a qualified biologist conducts night emergence surveys or completes visual examination of roost features that establish absence of roosting bats. Two-step tree removal shall be conducted over two consecutive days, as follows: i. the first day (in the afternoon), under the direct supervision and instruction by a qualified biologist with experience conducting two-step tree removal, limbs and branches shall be removed by a tree cutter using chainsaws only; limbs with cavities, crevices or deep bark fissures shall be avoided; and ii. the second day the entire tree shall be removed 27. Mitigation Measure BIO-1b: Burrowing Owl Habitat Assessment, Surveys, and Avoidance. Prior to Project activities, a habitat assessment shall be performed following Appendix C: Habitat Assessment and Reporting Details of the CDFW Staff Report on Burrowing Owl Mitigation (CDFW 2012 Staff Report). The habitat assessment shall extend at least 492 feet (150 meters) from the Project site boundary or more where direct or indirect effects could potentially extend offsite (up to 500 meters or 1,640 feet) and include burrows and burrow surrogates. If the habitat assessment identifies potentially suitable burrowing owl habitat, then a qualified biologist shall conduct surveys following the CDFW 2012 Staff Report survey methodology. Surveys shall encompass the Project site and a sufficient buffer zone to detect owls nearby that may be impacted commensurate with the type of disturbance anticipated, as outlined in the CDFW 2012 Staff Report, and include burrow surrogates such as culverts, piles of concrete or rubble, and other non-natural features, in addition to burrows and mounds. Time lapses between surveys or Project activities shall trigger subsequent surveys, as determined by a qualified biologist, including but not limited to a final survey within 24 hours prior to ground disturbance. The qualified biologist shall have a minimum of two years of experience implementing the CDFW 2012 Staff Report survey methodology resulting in detections. Detected burrowing owls shall be avoided pursuant to the buffer zone prescribed in the CDFW 2012 Staff Report and any passive relocation plan for non-nesting owls shall be subject to CDFW review. Burrowing Owl Wintering Habitat Mitigation. If the Project would impact an occupied burrow (where a non-nesting wintering owl would be evicted as described above), the following habitat mitigation shall be implemented prior to Project construction: a) Impacts to each burrow site shall be mitigated by permanent preservation of two occupied burrow sites with appropriate foraging habitat within Marin County, unless otherwise approved by CDFW, through a conservation easement and implementing and funding a long-term management plan in perpetuity. b) The Project may implement alternative methods for preserving habitat with written acceptance from CDFW. 7 28. Mitigation Measure BIO-1c: American Badger Preconstruction Wildlife Survey. Within one week prior to initiation of construction, a qualified biologist will survey the Project Area for potential American badger burrows. If potentially occupied burrows are detected, an avoidance buffer will be approved by CDFW, and established to protect the burrow from construction impacts. If a sufficient buffer cannot be established, the biologist will prepare a relocation plan to be approved by CDFW and implemented prior to initiation of construction. If construction is suspended for more than 1 week or is initiated in an area more than 2500 feet from active construction, a new survey will be performed prior to re- starting work or starting work in new areas. Cultural Resources 29. Mitigation Measure CULT-1: Protect Archaeological Resources Identified during Construction: The project sponsor shall ensure that construction crews stop all work within 100 feet of the discovery until a qualified archaeologist can assess the previously unrecorded discovery and provide recommendations. Resources could include subsurface historic features such as artifact-filled privies, wells, and refuse pits, and artifact deposits, along with concentrations of adobe, stone, or concrete walls or foundations, and concentrations of ceramic, glass, or metal materials. Native American archaeological materials could include obsidian and chert flaked stone tools (such as projectile and dart points), midden (culturally derived darkened soil containing heat- affected rock, artifacts, animal bones, and/or shellfish remains), and/or groundstone implements (such as mortars and pestles). 30. Mitigation Measure CULT-2: Protect Human Remains Identified During Construction: The Project proponent shall treat any human remains and associated or unassociated funerary objects discovered during soil-disturbing activities according to applicable State laws. Such treatment includes work stoppage and immediate notification of the Marin County Coroner and qualified archaeologist, and in the event that the Coroner’s determination that the human remains are Native American, notification of NAHC according to the requirements in PRC Section 5097.98. NAHC would appoint a Most Likely Descendant (“MLD”). A qualified archaeologist, Project proponent, County of Marin, and MLD shall make all reasonable efforts to develop an agreement for the treatment, with appropriate dignity, of any human remains and associated or unassociated funerary objects (CEQA Guidelines Section 15064.5[d]). The agreement would take into consideration the appropriate excavation, removal, recordation, analysis, custodianship and final disposition of the human remains and associated or unassociated funerary objects. The PRC allows 48 hours to reach agreement on these matters. Geology and Soils 31. Mitigation Measure GEO -1: Prior to a grading or building permit submittal, the project sponsor shall prepare a design-level geotechnical investigation prepared by a qualified and licensed geotechnical engineer and submit the report to the City Engineer. Minimum recommendations include design of new structures in accordance with the provisions of the 2019 California Building Code or subsequent codes in effect when final design occurs. Final project design shall be consistent with the recommended seismic design coefficients and spectral accelerations are presented in the findings presented in Section 5.1 of the December 7, 2020 MPEG report. 32. Mitigation Measure GEO-2: Supplemental exploration with exploratory trenches and geology site inspection/mapping further upslope shall be performed to better evaluate the potential for instability. Most of the suspected areas of instability within the site will be 8 removed as part of the planned excavation and building construction. Undeveloped areas of instability within the project site should be over-excavated, subsurface drainage installed, and backfilled with engineered fill. Global stability of the site should be checked as part of building wall design. Debris catchment structure or deflection wall/berm may be needed upslope of the planned buildings if debris flow paths cross planned structures. Final project design shall be consistent with the recommended findings presented in Chapter 5 of the December 7, 2020 MPEG report. 33. Mitigation Measure GEO-3: Prior to a grading or building permit submittal, the project sponsor shall prepare a site drainage system prepared by a qualified and licensed civil engineer and submit the report to the City Engineer. Planned improvements or structures on shallow foundations should be setback from the unimproved drainage channel. The recommended setback distance is a 3:1 inclination from the channel bed or 10 feet from top of bank, whichever is greater. The site drainage system shall be designed to collect surface water from the maximum credible rainfall event and discharging it into an established storm drainage system. The project Civil Engineer is responsible for designing the site drainage system. In addition, an erosion control plan shall be developed prior to construction per the current guidelines of the California Stormwater Quality Association’s Best Management Practice Handbook. Additionally, regular monitoring of the upslope areas shall be performed, particularly during and following periods of heavy rainfall. Regular maintenance of upslope areas should also be performed and should include maintaining vegetative cover on slopes, clearing debris from the v-ditches and drain inlets, and promptly repairing any erosion or shallow instabilities that occur. Final project design shall be consistent with the recommended findings presented in Chapter 5 of the December 7, 2020 MPEG report. 34. Mitigation Measure GEO-4: Soils subgrades and fills shall be moisture conditioned above the optimum moisture content during site grading and maintained at this moisture content until imported aggregate base and/or surface flatwork is completed. Retaining structures shall be designed with a soil creep load where walls retain sloping ground. Foundations shall be designed to account for some expansive soil movement. Final project design shall be consistent with the recommended findings presented in Chapter 5 of the December 7, 2020 MPEG report. 35. Mitigation Measure GEO-5: Should paleontological resources be encountered during project subsurface construction activities located in previously undisturbed soil and bedrock, all ground-disturbing activities within 25 feet shall be halted and a qualified paleontologist contacted to assess the situation, consult with agencies as appropriate, and make recommendations for the treatment of the discovery. For purposes of this mitigation, a “qualified paleontologist” shall be an individual with the following qualifications: 1) a graduate degree in paleontology or geology and/or a person with a demonstrated publication record in peer-reviewed paleontological journals; 2) at least two years of professional experience related to paleontology; 3) proficiency in recognizing fossils in the field and determining their significance; 4) expertise in local geology, stratigraphy, and biostratigraphy; and 5) experience collecting vertebrate fossils in the field. If the paleontological resources are found to be significant and project activities cannot avoid them, measures shall be implemented to ensure that the project does not cause a substantial adverse change in the significance of the paleontological resource. Measures may include monitoring, recording the fossil locality, data recovery and analysis, a final report, and accessioning the fossil material and technical report to a paleontological 9 repository. Upon completion of the assessment, a report documenting methods, findings, and recommendations shall be prepared and submitted to the City for review. If paleontological materials are recovered, this report also shall be submitted to a paleontological repository such as the University of California Museum of Paleontology, along with significant paleontological materials. Public educational outreach may also be appropriate. The project applicants shall inform its contractor(s) of the sensitivity of the project site for paleontological resources and shall verify that the following directive has been included in the appropriate contract specification documents: “The subsurface of the construction site may contain fossils. If fossils are encountered during project subsurface construction, all ground-disturbing activities within 25 feet shall be halted and a qualified paleontologist contacted to assess the situation, consult with agencies as appropriate, and make recommendations for the treatment of the discovery. Project personnel shall not collect or move any paleontological materials. Fossils can include plants and animals, and such trace fossil evidence of past life as tracks or plant imprints. Marine sediments may contain invertebrate fossils such as snails, clam and oyster shells, sponges, and protozoa; and vertebrate fossils such as fish, whale, and sea lion bones. Vertebrate land mammals may include bones of mammoth, camel, saber tooth cat, horse, and bison. Contractor acknowledges and understands that excavation or removal of paleontological material is prohibited by law and constitutes a misdemeanor under California Public Resources Code, Section 5097.5.” Hydrology and Water Quality 36. Mitigation Measure HYDRO-1: Prior to issuing a grading or building permit, the project applicant shall prepare a Stormwater Pollution Prevention Plan (SWPPP) and/or Erosion and Sediment Control Plan (ESCP) in accordance with the requirements of the statewide Construction General Permit and the City of San Rafael Department of Public Works. The SWPPP shall be prepared by a Qualified SWPPP Developer (QSD). The SWPPP shall include the minimum Best Management Practices (BMPs) required for the identified risk level. The SWPPP shall be designed to address the following objectives: a) All pollutants and their sources, including sources of sediment associated with construction, construction site erosion, and all other activities associated with construction activity are controlled; b) Where not otherwise required to be under a Regional Water Quality Control Board permit, all non‐stormwater discharges are identified and either eliminated, controlled, or treated; c) Site BMPs are effective and result in the reduction or elimination of pollutants in stormwater discharges and authorized non‐stormwater discharges from construction activity. The erosion and sediment control plan shall include the rationale used for selecting BMPs including supporting soil loss calculations, as necessary; d) Stabilization BMPs installed to reduce or eliminate pollutants after construction are completed; e) BMP implementation shall be consistent with the BMP requirements in the most recent version of the California Stormwater Quality Association Stormwater Best Management Handbook‐Construction or the Caltrans Stormwater Quality Handbook Construction Site BMPs Manual. 10 37. Mitigation Measure HYDRO-2: Prior to a certificate of occupancy, the Project applicant shall verify that operational stormwater quality control measures that comply with the requirements of the current Phase II Small MS4 Permit have been implemented. Responsibilities include, but are not limited to: a) Designing BMPs into Project features and operations to reduce potential impacts to surface water quality and to manage changes in the timing and quantity of runoff associated with operation of the project. These features shall be included in the design‐level drainage plan and final development drawings. b) The proposed project shall incorporate site design measures and Low Impact Development design standards, including minimizing disturbed areas and impervious surfaces, infiltration, harvesting, evapotranspiration, and/or bio‐treatment of stormwater runoff. c) The Project applicant shall establish an Operation and Maintenance Plan. This plan shall specify a regular inspection schedule of stormwater treatment facilities in accordance with the requirements of the Phase II Small MS4 Permit. d) Funding for long‐term maintenance of all BMPs shall be specified. Tribal Cultural Resources 38. Mitigation Measure TRIBAL-1: Implementation of the unanticipated discovery measures outlined in Section V(b) and (d) above, address the potential discovery of previously unknown resources within the project area. If significant tribal cultural resources are identified onsite, all work would stop immediately within 50 feet of the resource(s) and the project applicant would comply with all relevant State and City policies and procedures prescribed under PRC Section 21074. Community Development Department—Planning Division 39. Final landscape and irrigation plans for the Project shall comply with the provisions of Marin Municipal Water District’s (MMWD) most recent water conservation ordinance. Construction plans submitted for issuance of building/grading permit shall be pre- approved by MMWD and stamped as approved by MMWD or include a letter from MMWD approving the final landscape and irrigation plans. Modifications to the final landscape and irrigation plans, as required by MMWD, shall be subject to review and approval of the Community Development Department, Planning Division. 40. Prior to issuance of building permits, the applicant shall consult with Planning Division staff on a revised landscaping plan that minimizes the loss of mature oak trees in the South Park portion of the project. This may be accomplished by changing the design of the pedestrian paths, the bridge, and/or any recreational features proposed to be installed. The revised plan shall show locations of oak trees to be retained and those to be removed including their diameter at breast height. The revised plan shall also include the use of native vegetation. The final plan shall be subject to the review and approval of the Planning Division. 41. Prior to the issuance of building permits, the applicant shall submit a Lake or Streambed (LSA) Notification to the California Department of Fish and Wildlife (CDFW) pursuant to Fish and Game Code section 1602 for Project activities that may substantially alter the bed, bank, or channel of the ephemeral stream, including installation of a new bridge. If CDFW determines that an LSA Agreement is warranted, the project shall comply with all 11 required measures in the LSA Agreement, including but not limited to requirements for ephemeral stream and riparian habitat impacts 42. Landscaping along driveways shall be regularly trimmed to clear vegetation below a height of seven feet to ensure that adequate sight lines will be maintained. 43. Prior to the issuance of building permits, a sign program shall be submitted for the project for review by the Design Review Board and Planning Commission. 44. Prior to the issuance of building permits, the plans shall be revised to address the following comments from the Design Review Board: a) Mitigate the appearance of building height with darker color palette consistent with Hillside Design Guidelines and horizontal elements to break up visual appearance of massing. b) Trees should be not planted in a uniform row but clustered with more natural spacing to the extent practicable for available planting area. c) Mitigate impacts of the 10’ – 16’ tall retaining walls with step backs or other methods such as texture/colors/materials/or vegetation. The revised plans shall be returned to the Design Review Board for a final review. 45. The following standard construction best management practices shall be implemented to reduce construction noise levels at sensitive receptors in the site vicinity: a) Construct temporary noise barriers, where feasible, to screen stationary noise- generating equipment or construction occurring in close proximity to adjacent land uses. Temporary noise barrier fences would provide a 5 dBA noise reduction if the noise barrier interrupts the line-of-sight between the noise source and receiver and if the barrier is constructed in a manner that eliminates any cracks or gaps. b) Equip all internal combustion engine-driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment. c) Unnecessary idling of internal combustion engines should be strictly prohibited. d) Locate stationary noise-generating equipment, such as air compressors or portable power generators, as far as possible from sensitive receptors as feasible. If they must be located near receptors, adequate muffling (with enclosures where feasible and appropriate) shall be used reduce noise levels at the adjacent sensitive receptors. Any enclosure openings or venting shall face away from sensitive receptors. e) Construction staging areas shall be established at locations that will create the greatest distance between the construction-related noise sources and noise-sensitive receptors nearest the project site during all project construction. f) Control noise from construction workers’ radios to a point where they are not audible at properties bordering the project site. g) The contractor shall prepare a detailed construction plan identifying the schedule for major noise-generating construction activities. The construction plan shall identify a procedure for coordination with adjacent land uses so that construction activities can be scheduled to minimize noise disturbance. 12 h) Designate a "disturbance coordinator" who would be responsible for responding to any complaints about construction noise. The disturbance coordinator will determine the cause of the noise complaint (e.g., bad muffler, etc.) and will require that reasonable measures be implemented to correct the problem. Conspicuously post a telephone number for the disturbance coordinator at the construction site and include in it the notice sent to neighbors regarding the construction schedule. 46. The applicant shall contact the Planning Division to request a final inspection, prior to the issuance of the final building permit. ‘The final inspection shall require a minimum of 48- hours advance notice. All landscaping and irrigation shall be installed prior to the occupancy of the building or the property owner shall post a bond in the amount of the estimated landscaping/ irrigation cost with the City of San Rafael. In the event that a bond is posted, all areas proposed for landscaping must be covered with bark or a substitute material approved by the Planning Division prior to occupancy. The landscape architect shall certify in writing and submit to the Planning Division, and call for inspection, that the landscaping has been installed in accordance with all aspects of the approved landscape plans, that the irrigation has been installed and been tested for timing and function, and all plants including street trees are healthy. Any dying or dead landscaping shall be replaced. 47. All exterior lighting shall be shielded down. Following the issuance of a certificate of occupancy, all exterior lighting shall be subject to a 90-day lighting level review by the Police Department and Planning Division to ensure compatibility with the surrounding area. 48. The applicant shall install electric vehicle charging stations on at least 10% of the Project parking spaces. Furthermore, the applicant shall install electrical raceways in all building parking areas to facilitate future installation of additional electric vehicle charging stations. 49. The applicant shall install the maximum amount of rooftop solar arrays as is reasonably feasible for the Project. 50. The applicant shall evenly distribute the Project’s affordable units as shown on the exhibit entitled “Neighborhood at Los Gamos Affordable Unit Distribution Plan,” subject to Community Development Director approval. 51. The applicant shall institute the following transportation demand management measures consisting of: a) Unbundled parking (i.e. rental of the Project units and the Project parking spaces shall be under separate agreements and separate costs.) b) An onsite vehicle rideshare program. c) A designated on-site employee to provide transit and ridesharing information to residents. d) A designated bike parking area including infrastructure for the charging of electric bikes. 13 Building Division 52. The design and construction shall comply with the latest code year at time of building permit application for the California Building Code (CBC), California Plumbing Code (CPC), California Electrical Code (CEC), California Mechanical Code CCMC), California Fire Code (CFC), California Energy Code, California Green Building Standards Code and City of San Rafael Ordinances and Amendments. 53. A building permit is required for the proposed work. Applications shall be accompanied by complete sets of construction drawings to include: e) Architectural plans f) Structural plans g) Electrical plans h) Plumbing plans i) Mechanical plans j) Site/civil plans (clearly identifying grade plane and height of the building) k) Structural Calculations l) Truss Calculations m) Soils reports n) Green Building documentation o) Title-24 energy documentation 54. The occupancy classification, construction type and square footage of each building shall be specified on the plans. In mixed occupancies, each portion of the building shall be individually classified. 55. The occupancy classification, construction type and square footage of each building shall be specified on the plans in addition to justification calculations for the allowable area of each building. Site/civil plans prepared by a California licensed surveyor or engineer clearly showing topography, identifying grade plane and height of the building. 56. This building contains several different occupancy types. Individual occupancies are categorized with different levels of hazard and may need to be separated from other occupancy types for safety reasons. Under mixed-occupancy conditions the project architect has available several design methodologies (accessory occupancies, nonseparated occupancies, and separated occupancies) to address the mixed-occupancy concerns. 57. Building height and story must comply with CBC Section 504. On the plan justify the proposed building area and height. 58. Building areas are limited by CBC Table 506.2. On plan justify the proposed building area. 59. The maximum area of unprotected and protected openings permitted in the exterior wall in any story of a building shall not exceed the percentages specified in CBC Table 705.8 “Maximum Area of Exterior Wall Openings Based on Fire Separation Distance and Degree 14 of Opening Protection.” To calculate the maximum area of exterior wall openings you must provide the building setback distance from the property lines and then justify the percentage of proposed wall openings and include whether the opening is unprotected or protected. 60. Townhouses more than three stories above grade in height must comply with the CBC. CBC Table 705.8 allows: a) 15% exterior wall openings (in any story) in sprinklered buildings where the openings are 3’ to less than 5’ from the property line or buildings on the same property. b) 25% exterior wall openings (in any story) in sprinklered buildings where the openings are 5’ to less than 10’ from the property line or buildings on the same property. c) 45% exterior wall openings (in any story) in sprinklered buildings where the openings are 10’ to less than 15’ from the property line or buildings on the same property. 61. Walls separating the purposed occupancies are required to be a minimum of 1-hour construction. You may provide justification per CBC 508 that the mixed occupancy types do not need to be separated by fire resistive construction because they comply with CBC 508.2 Accessory Occupancies or CBC 508.3 Nonseparated Occupancies. 62. Buildings located 4 or more stories above grade plane, one stairwell must extend to the roof, unless the roof slope exceeds an angle of 4 vertical to 12 horizontal CBC 1011.12. 63. Each building must have address identification placed in a position that is plainly legible and visible from the street or road fronting the property. Numbers painted on the curb do not satisfy this requirement. In new construction and substantial remodels, the address must be internally or externally illuminated and remain illuminated at all hours of darkness. Numbers must be a minimum 4 inches in height with ½ inch stroke for residential occupancies and a minimum 6 inches in height with ½ inch stroke for commercial applications. The address must be contrasting in color to their background SMC 12.12.20. 64. If proposed fencing exceeds 6' in height, a building permit is required. 65. Bollards must be placed in the garage to protect mechanical equipment, water heater, and washer dryer from vehicular damage when located in the path of a vehicle. 66. School fees will be required for the project. Calculations are done by the San Rafael City Schools, and those fees are paid directly to them prior to issuance of the building permit. 67. If on-site streets are privately owned, certain on-site improvements such as retaining walls, street light standards, and private sewer system will require plan review and permits from the Building Division. 68. Regarding any grading or site remediation, soils export, import and placement; provide a detailed soils report prepared by a qualified engineer to address these procedures. The report should address the import and placement and compaction of soils at future building pad locations and should be based on an assumed foundation design. This information should be provided to Building Division and Department of Public Works for review and comments prior to any such activities taking place. A grading permit may be required for the above-mentioned work. 15 69. Prior to building permit issuance for the construction of each building, geotechnical and civil pad certifications are to be submitted. 19. Property lines shown through proposed buildings must be eliminated by consolidation or buildings must be relocated, redesigned to fall within property line boundaries. 70. Based on the distance to the property line (and/or adjacent buildings on the same parcel), the building elements shall have a fire resistive rating not less than that specified in CBC Table 601 and exterior walls shall have a fire resistive rating not less than that specified in CBC Table 602. 71. Cornices, eaves overhangs, exterior balconies and similar projections extending beyond the floor area shall conform to the requirements of CBC 705.2. Projections shall not extend beyond the distance determined by the following two methods, whichever results in the lesser projection: a) A point one-third the distance from the exterior face of the wall to the lot line where protected openings or a combination of protected openings and unprotected openings are required in the exterior wall. b) A point one-half the distance from the exterior face of the wall to the lot line where all openings in the exterior wall are permitted to be unprotected or the building is equipped throughout with an automatic sprinkler system. c) More than 12 inches into areas where openings are prohibited. 72. Ventilation area required, the minimum openable area to the outdoors is 4 percent of the floor area being ventilated CBC 1203.5.1 or mechanical ventilation in accordance with the California Mechanical Code. 73. Natural light, the minimum net glazed area shall not be less than 8 percent of the floor area of the room served CBC 1205.2 or shall provide artificial light in accordance with CBC 1205.3. 74. Walls separating purposed tenant space from existing neighboring tenant spaces must be a minimum of 1-hour construction. 75. All site signage as well as wall signs require a separate permit and application (excluding address numbering). 76. You must apply for a new address for this building from the Building Division. 77. Monument sign(s) located at the driveway entrance(s) shall have address numbers posted prominently on the monument sign. 78. In the parking garage, mechanical ventilation will be required capable of exhausting a minimum of .75 cubic feet per minute per square foot of gross floor area CMC Table 4-4. 79. In the parking structure, in areas where motor vehicles are stored, floor surfaces shall be of noncombustible, nonabsorbent materials. Floors shall drain to an approved oil separator or trap discharging to sewers in accordance with the Plumbing Code and SWIPP. 16 80. Each building shall be provided with sanitary facilities per CPC Sec 412 and Table 4-1 (including provisions for persons with disabilities). Separate facilities shall be required for each sex. 81. In accordance with California Plumbing Code section 422.2, separate toilet facilities shall be provided for each sex. Except: 1) residential installations. 2) In occupancies with a total occupant load of 10 or less, including customers and employees, one toilet facility designed for use by no more than one person at a time, shall be permitted for use by both sexes. 3) In business and mercantile occupancies with a total occupant load of 50 or less, including customers and employees, one toilet facility designed for use by no more than one person at a time, shall be permitted for use by both sexes. 82. Facilities in mercantile and business occupancies, toilet facility requirements for customers and employees shall be permitted to be met with a single set of restrooms accessible to both groups. The required number of fixtures shall be the greater of the required number for employees or the required number for customers. Fixtures for customer use shall be permitted to be met by providing a centrally located toilet facility within a distance not to exceed 500 feet. In stores with a floor area of 1,500 square feet or less the requirement to provide facilities for employees shall be permitted to be met by providing a centrally located toilet facility within distance not to exceed 300 feet. 83. Minimum elevator car size (interior dimension) 60” wide by 30” deep with an entrance opening of at least 60” or a car size of 42” wide by 48” deep with an entrance opening of 36” or a car size of 60” wide by 36” deep with an entrance opening of at least 36”. 84. All buildings with one or more elevators shall be provided with not less than one medical emergency service elevator. The medical emergency service elevator shall accommodate the loading and transport of an ambulance gurney or stretcher. The elevator car size shall have a minimum clear distance between walls and door excluding return panels not less than 80 inches by 54 inches and a minimum distance from wall to return panel not less than 51 inches with a 42-inch side slide door. 85. Adequate utility easements must be provided for all services to include water, sanitary sewer, storm drain piping, as well as gas, electric and telephone. 86. The proposed facility shall be designed to provide access to the physically disabled. For existing buildings and facilities when alterations, structural repairs or additions are made, accessibility improvements for persons with disabilities shall be required unless CASP report states compliant. 87. Improvements shall be made, but are not limited to, the following accessible features: a) Path of travel from public transportation point of arrival b) Routes of travel between buildings c) Accessible parking d) Ramps e) Primary entrances f) Sanitary facilities (restrooms) g) Drinking fountains & Public telephones (when provided) 17 h) Accessible features per specific occupancy requirements i) Accessible special features, i.e., ATM's point of sale machines, etc. 88. The site development of items such as common sidewalks, parking areas, stairs, ramps, common facilities, etc. are subject to compliance with the accessibility. Pedestrian access provisions should provide a minimum 48" wide unobstructed paved surface to and along all accessible routes. Items such as signs, meter pedestals, light standards, trash receptacles, etc., shall not encroach on this 4' minimum width. Also, note that sidewalk slopes and side slopes shall not exceed published minimums. The civil, grading and landscape plans shall address these requirements to the extent possible. 89. The parking garage ceiling height shall have a minimum vertical clearance of 8’ 2” where required for accessible parking. 90. Multistory apartment or condominium on the ground floor in buildings with no elevator at least 10 percent but no less than one of the multistory dwellings in apartment buildings with three or more and condos with four or more dwellings shall comply with the following: a) The primary entry to the dwelling unit shall be on an accessible route unless exempted by site impracticality tests in CBC Section 1150A. b) At least one powder room or bathroom shall be located on the primary entry level, served by an accessible route. c) All rooms or spaces located on the primary entry level shall be served by an accessible route. Rooms and spaces located on the primary entry level and subject to this chapter may include but are not limited to kitchens, powder rooms, bathrooms, living rooms, bedrooms or hallways. 91. Multifamily dwelling and apartment accessible parking spaces shall be provided at a minimum rate of 2 percent of the covered multifamily dwelling units. At least one space of each type of parking facility shall be made accessible even if the total number exceeds 2 percent. 92. When parking is provided for multifamily dwellings and is not assigned to a resident or a group of residents, at least 5 percent of the parking spaces shall be accessible and provide access to grade-level entrances of multi-family dwellings and facilities (e.g. swimming pools, club houses, recreation areas and laundry rooms) that serve the dwellings. Accessible parking spaces shall be located on the shortest accessible route to an accessible building, or dwelling unit entrance. 93. Public accommodation disabled parking spaces must be provided according to the following table and must be uniformly distributed throughout the site. Total Number of Parking Spaces Provided Minimum Required Number of H/C Spaces 1 to 25 1 26 to 50 2 51 to 75 3 76 to 100 4 18 101 to 150 5 151 to 200 6 201 to 300 7 301 to 400 8 401 to 500 9 501 to 1,000 Two percent of total 1,001 and over Twenty, plus one for each 100 or fraction thereof over 1,001 94. At least one disabled parking space must be van accessible; 9-foot wide parking space and 8-foot wide off- load area. Additionally, one in every eight required handicap spaces must be van accessible. 95. All new construction, additions or remodels must comply with the Wood-Burning Appliance Ordinance. New wood burning fireplaces and non-EPA certified wood stoves are prohibited. Non-EPA Phase II-certified wood stoves must be removed in remodels and additions which exceed 50% of the existing floor area and include the room the stove is located in. 96. This new building is in a Wildland-Urban Interface Area. The building materials, systems and/or assemblies used in the exterior design and construction must comply with CBC Chapter 7A. 97. This new building is in a Wildland-Urban Interface Area. Buildings shall have all under floor areas enclosed to the grade with exterior walls in accordance with CBC section 704A.3. Exception: The complete enclosure of under floor areas may be omitted where the underside of all exposed floors, exposed structural columns, beams and supporting walls are protected as required with exterior ignition-resistant material construction or be heavy timber. 98. The project includes a new deck in a Wildland-Urban Interface Area. Where any portion of the new deck, stair, landing, porch, or balconies, is within 10 feet of the primary structure, compliance with one of the following methods is required: a) Decking surface - shall be constructed of ignition-resistant material. b) Decking surface - shall be constructed with heavy timber, exterior fire-retardant- treated wood or approved non-combustible materials. c) Decking surface - shall pass the performance requirements of SFM 12-7A-4, Part A, 12-7A-4.7.5.1 only with a net heat release rate of 25kW/sq-ft for a 40-minute observation period and: i. Decking surface material shall pass the accelerated weathering test and be identified as exterior type. ii. The exterior wall covering to which it the deck is attached and within 10 feet of the deck shall be constructed of approved noncombustible or ignition resistant material. Exception: Walls are not required to comply with this subsection if the decking surface material conforms to ASTM E-84 Class B flame spread. 99. This new building/deck is in a Wildland-Urban Interface Area. The underside of cantilevered and overhanging appendages and floor projections shall maintain the 19 ignition-resistant integrity of exterior walls (CBC 7A.3), or the projection shall be enclosed to the grade. 100. Pools must be protected by a barrier that restricts access from adjacent properties and the street and an enclosure that isolates the pool from access to the home. Details of the barrier and enclosure must be included on the plan. 101. In-ground grease separator(s) will be required outside the building perimeter to handle wastewater from the restaurants and food court area. 102. Review and approval by the Marin County Health Department may be required prior to submittal for building permit plan review. Department of Public Works 103. A design-level geotechnical report shall be submitted for review prior to issuance of a building or grading permit. Supplemental subsurface exploration and site inspection/mapping shall be performed as appropriate. The project geotechnical engineer shall review the grading and building permit construction documents and provide plan review letter(s) prior to issuance of a building or grading permit. (Mitigation Measure GEO- 1, GEO-2, and GEO-4) 104. A design-level drainage system shall be prepared and submitted to DPW for review prior to issuance of a building permit. The drainage system shall be developed in consideration with the findings of the geotechnical report. (Mitigation Measure GEO-3) 105. Frontage Improvements on or near the Los Gamos Drive Right-Of-Way (ROW) shall include the following: a) Pavement restoration per a final paving plan reviewed and approved by the DPW. The final limit of paving scope will be determined at the end of the project based on actual site conditions. Please note, paving shall be kept in good repair at all times during site improvements and construction to the satisfaction of the DPW. Interim repaving during construction may be requested by the DPW. b) Access to the development should meet ADA requirements. 106. Prior to issuance of a building permit, provide a maneuvering exhibit with the appropriate fire apparatus and emergency vehicles using Autoturn or equivalent to demonstrate access to the satisfaction of the Fire Prevention Bureau. 107. Provide a sight distance exhibit demonstrating vehicles entering and exiting the main entrance to the development have adequate visibility. 108. A stop sign controlling outbound traffic from the site shall be installed near the bottom of the entrance ramp, with final location to the satisfaction of the DPW. 109. Prior to issuance of a building permit, a final striping and signage plan for the development shall be submitted to DPW for review. 20 110. A grading permit is required from DPW prior to commencement of grading and construction work. 111. A construction management plan shall be provided for review and approval by the City prior to issuance of building permit or grading permit. a) All materials and equipment shall be staged on-site, unless otherwise approved. b) The construction management plan shall include the traffic control plan to address on- site and off-site construction traffic. c) A screened security fence approved by the City shall be placed and maintained around the perimeter of the project and removed immediately following construction work. d) Proposed construction phasing and approximate timeline. e) Mass grading shall occur between April 15 through October 15, unless otherwise approved in writing by the DPW. f) Encroachment into creek setbacks during construction shall not be permitted without prior approval from DPW and any other agency having jurisdiction. 112. The project proposes 71,000 cubic yards (cy) of cut, 17,000 cy of fill, and 54,000 cy of export. Truck routes and staging shall be reviewed and approved by the City prior to issuance of grading permit. 113. A copy of the SWPPP and WDID number shall be submitted to DPW prior to issuance of a grading permit. 114. This project includes more than 5,000 square feet of total impervious area replacement and creation and therefore is considered a regulated project. The following documents are required to be provided in accordance with Marin County Stormwater Pollution Prevention Program (MCSTOPPP) and the Bay Area Stormwater Management Agencies Association (BASMAA) requirements: a) Stormwater Control Plan. A written document to accompany the plan set used primarily for municipal review to verify compliance with stormwater treatment requirements. (Needed to obtain a grading or building permit.) b) Stormwater Facilities Operations and Maintenance (O&M) plan. A written document and exhibit outlining facilities on-site and maintenance activities and responsibilities for property owners. (Provide prior to occupancy) c) Operations and Maintenance Agreement. A formal agreement between the property owner and the city that shall be recorded with the property deed. (Provide prior to occupancy) 115. All public streets and sidewalks that are impacted by the grading and construction operation for the project shall be kept clean and free of debris at all times. 116. The building manager of the office at 1401 Los Gamos Drive shall be notified at least 24 hours in advance of any partial closure of Los Gamos Drive during construction. 21 117. Prior to commencing work within the right-of-way, the applicant shall obtain an encroachment permit from the City of San Rafael Department of Public Works. 118. The proposed Entry Drive and Loop Drive roadways will be “private streets” per San Rafael Municipal Code (SRMC) Chapter 15.06. 119. Prior to the issuance of a building permit, the applicant shall pay a traffic mitigation fee for net new AM and PM trips. The current rate is $4,246 per trip. The traffic impact fee is calculated as $764,280 ($4,246 x 180) for the 78 net new peak AM and 102 net new peak PM trips (total of 180 net new peak-hour trips). This is based on the latest Addendum to the Traffic Impact Study by W-Trans dated October 7, 2021. 120. A construction vehicle impact fee shall be required at the time of building permit issuance, which is calculated at 1% of the valuation, with the first $10,000 of valuation exempt. Fire Department 121. The design and construction of all site alterations shall comply with the 2019 California Fire Code, current NFPA Standards, and all applicable City of San Rafael Ordinances and Amendments. 122. Deferred Submittals for the following fire protection systems shall be submitted to the Fire Prevention Bureau for approval and permitting prior to installation of the systems: a) Fire Sprinkler plans (Deferred Submittal to the Fire Prevention Bureau). b) Fire Standpipe plans (Deferred Submittal to the Fire Prevention Bureau) if applicable. c) Fire Underground plans (Deferred Submittal to the Fire Prevention Bureau) if applicable. d) Fire Alarm plans (Deferred Submittal to the Fire Prevention Bureau). 123. The fire apparatus access roadway must conform to all provisions in CFC Section 503 and Appendix D. A Fire Apparatus and Operations Plan shall be prepared for this project and shall show the following: a) Designated fire apparatus access roads and fire lanes including red curbing, FIRE LANE stenciling and signage that is approved by the San Rafael Parking Services Division. b) Fire Department aerial access provisions. c) Fire hydrant locations and appliance type (Clow model 960). d) Fire Department Connections (FDC). e) Double detector check valve locations. f) Premises identification. Illuminated address numbers, dimensions and location. g) Recessed Knox Box locations h) Fire Alarm annunciator panel locations. i) Fire extinguisher locations. Note type and cabinet height. j) Marked utility shut off locations. 22 k) NFPA 704 placards. l) Provide a note on the plan, as follows: The designated fire apparatus access roads and fire hydrants shall be installed and approved by the Fire Prevention Bureau prior construction of the building. The approved plan to be part of final plan set. Additional fire department access provisions are provided below. 124. A Knox Box is required at the primary point of first response to the building in order to access utility rooms, rec or meeting rooms and other secured spaces. A recessed mounted Knox Box # 3200 Series is required for new buildings; surface mount for all others. the Knox Box shall be clearly visible upon approach to the main entrance from the fire lane. Note the Knox Box must be installed from 72” to 78” above finish grade; show the location on the plans. https://www.knoxbox.com/commercial-knoxboxes/. 125. A Knox key switch is required for driveway or access road automatic gates. https://www.knoxbox.com/gate-keys-and-padlocks/ (if applicable). 126. On site fire hydrants will be required. Residential model: Clow 950. Commercial Model: Clow 960. The Prevention Bureau will identify the locations. a) When a building is fully sprinklered all portions of the exterior building perimeter must be located within 250-feet of an approved fire apparatus access road. b) The minimum width of the fire apparatus access road is 20-feet. c) The minimum inside turning radius for a fire apparatus access road is 28 feet. d) The fire apparatus access road serving this building is more than 150-feet in length; provide an approved turn-around. Contact the Fire Prevention Bureau for specific details. 127. If a building is over 30 feet in height, an aerial fire apparatus access roadway is required parallel to one entire side of the building. a) The Aerial apparatus access roadway shall be located within a minimum 15 feet and a maximum of 30 feet from the building. b) The minimum unobstructed width for an aerial fire apparatus access road is 26-feet. c) Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway, or between the roadway and the building. 128. Fire lanes must be designated; painted red with contrasting white lettering stating, “No Parking Fire Lane” A sign shall be posted in accordance with the CFC Section 503.3 and to the satisfaction and approval of the San Rafael Parking Services Division. 129. Hazardous Materials Placards shall be installed in accordance with NFPA 704 (if applicable). 130. Provide address numbers plainly visible from the street or road fronting the property. Numbers painted on the curb do not qualify as meeting this requirement. Numbers shall contrast with the background and shall be Arabic numbers or letters. Numbers shall be internally or externally illuminated in all new construction or substantial remodels. Number sizes are as follows: For residential – 4” tall with ½” stroke. For commercial – 6” tall with 23 ½” stroke. Larger sizes might be required by the fire code official or in multiple locations for buildings served by two or more roads. 131. This property is in a Wildland-Urban Interface (WUI) area. Provide a written Vegetation Management Plan (VMP) submitted to the San Rafael Fire Department. This VMP must be completed and verified prior to final approval. Refer to City of San Rafael Ordinance1856 that may be viewed at https://www.cityofsanrafael.org/vmp-san-rafael-fd/ or you may contact the Fire Department at (415) 485-3304 to schedule a time to meet with a vegetation management inspector. Requirement of continued compliance with the approved VMP must be placed within CC&R’s. The approved VMP must be added to the final approved plan set. Contact the Marin Municipal Water District (MMWD) to make arrangements for the water supply serving the fire protection system. Las Gallinas Valley Sanitary District 132. Trash Enclosures – Install permanent roofing and drainage system to prevent runoff from entering the sanitary sewer collection system. 133. Sheet C5 – The plans show a 6” SS lateral on paved surface identified as an easement for vehicle access, sewer service, and other public utilities in the Vesting Tentative Parcel Map. See District Ordinance Title 2, Chapter 1, Article VI for detailed requirements if this is a public sewer extension request. 134. The Utility Plan is preliminary and lacks detailed sanitary sewer information such as manhole depths, pipe slopes, plan and profile, etc. Submit complete design/construction plan set for review when available. 135. Submit design/construction plans to LGVSD for review when available. Plans must show including but not limited to the following: a table showing existing and proposed plumbing fixture count, existing and proposed floor plans showing location of plumbing fixtures, location of backwater prevention devices, sanitary sewer, cleanouts, manholes, and other relevant sanitary sewer details or information that may be applicable. Sanitary sewer design must comply with LGVSD standard specifications. 136. Private sewer main located in the Loop Drive shall be 8” HDPE SDR 17. The proposed 6” SS is not acceptable. The sewer lateral from each building shall not be less than 6”. 137. Replace tie-in manhole with new manhole per District standard details. 138. Upsize all existing 6” SS downstream of MH N032.23 to a minimum 8” or as determined by the capacity analysis. 139. Use LGVSD Standard Details for sanitary facilities such as manholes, manhole connection, sewer laterals, cleanout, trench backfill, etc., as applicable. Do not use Marin County Sanitary Districts Standard Details for LGVSD sanitary sewer. 140. For sewer mains outside of the proposed street right-of-way, if any, the sanitary sewer easement must be at least 10-ft wide and shall have no permanent structures within the easement area. Applicant shall provide adequate vehicle access to all sanitary manholes on the sewer main for District maintenance activities. At the minimum, the area needs to 24 be paved and accessible with a 39-foot long truck. The vehicle path shall provide adequate safety and access to District maintenance vehicles. Use design criteria per typical private road standards, such as minimum roadway width, max grade, max cross slope, with proper turnaround/hammerhead when appropriate, etc. 141. Sewer Flow Calculations a) The sanitary sewer system for the proposed 192 multifamily residential units, neighborhood market, and community center connects into the existing 6” SS at MH N032.23, which discharges into Northgate Industrial Park Pump Station. All sewer flow calculations and capacity analysis shall be performed by a registered Professional Engineer. i. Perform capacity analysis of the Northgate Industrial Park Pump Station and force main. ii. Northgate Industrial Park discharges into a Smith Ranch Pump Station. iii. The development would likely require an upgrade of both pump stations and force mains. b) District Preference: As an alternate, the 6” private sewer may be connected to MH T021.05, which discharges into John Duckett Pump Station. This pump station has a higher pumping and force main capacity than Northgate Industrial Park Pump Station. i. This requires capacity analysis for downstream sanitary sewer from MH T021.05 to John Duckett Pump Station. ii. There exist potential capacity limitations downstream MH T021.05. 1. See Exhibit A attached to comments dated 9/3/2021. Basin map K10, trunk sewer segment MH T000.11 to T000.00 (purple cloud, blue pipes) of the Terra Linda Trunk Sewer likely to be impacted by this alternative. The pipe segment with known capacity deficiency is MH T000.11 to T000.09 (red cloud). 2. See Exhibit B attached to comments dated 9/3/2021. Page B-1 of the Sewer System Management Plan (SSMP) Capacity Assessment for the corresponding capacity analysis of the sanitary sewers potentially impacted by this alternative. As shown on page B-1, the capacity deficiency is about 0.45 MGD. a. Applicant shall perform a hydraulic grade line analysis to determine if the existing sewer system can accommodate the additional flow from the proposed development. b. Based on the manhole rim and invert elevations shown, Applicant shall demonstrate that the proposed project will not cause sanitary sewer overflows along the trunk sewer (purple cloud, blue pipes), more particularly along the segment with known capacity deficiency. Assume a minimum manhole freeboard of 18” in the analysis. 3. If deemed necessary, flow monitoring may be required in order to perform a more detailed hydraulic modeling. 4. A full version of the SSMP is available in the following link: https://www.dropbox.com/s/au0g8x23l8unlgh/SSMP%20Capacity%20A ssessment%20by%20Nute%202008.pdf?dl=0 . 25 5. In addition, Applicant shall perform similar analysis for sewer pipe segment T021.05 to MH T000.11. Applicant shall field verify rodding inlet and manhole depths and pipe diameters in order to perform the analysis. At a minimum, the existing 6” SS from T021.05 to MH T000.11 downstream of the tie-in point shall be upsized to 8” HDPE SDR 17. All rodding inlets shall be replaced with manholes. 6. This requires capacity analysis of the John Duckett Pump Station and force main. c) Applicant shall be responsible for any capacity upgrades of existing sanitary sewer facilities that may be required for this project. d) In lieu of the Applicant providing the hydraulic analysis outlined in Items 2a and 2b above, the Applicant may request the District to hire a third-party consultant perform the analysis at the Applicant’s expense. 142. Applicant shall be responsible for the preparation of the following documents for review and approval by the District: a) Final sewer plans and specifications related to the Project. b) Flow calculations. Flow monitoring may also be required if deemed necessary. c) Hydraulic modeling and analysis of impacted sanitary sewer facilities. d) New sewer easements. e) Other documents deemed necessary by the District during the plan review process. 143. Article IX, Section 921 of the District Ordinance requires that all costs and expenses incident to the installation and connection of any sewer or other work for which a Permit has been issued shall be borne by the Applicant. 144. Article VII of the District Ordinance requires all sewer work to be inspected by the District. The District will hire a third-party inspector for this project. The Applicant shall coordinate inspection with the District inspector prior to installation of any sewer facilities and reimburse the District all inspection costs. 145. The Las Gallinas Valley Sanitary District discourages individual sewer pumps. The District will require a recordable non-responsibility covenant should a pump be required. 146. The District strongly discourages the construction of “back yard sewers” because of the difficulties in maintenance. Every effort should be made to construct sewers in public or private streets. Every manhole must be accessible via an unobstructed ten (10) foot wide easement from the nearest paved public roadway and subject to District review and approval. 147. The use of recycled water and dual plumbing where appropriate are strongly encouraged. 148. The District is not incurring any liability of any nature, including but not limited to mandate, damages, or injunctive relief. The District is making no representation to the Applicant nor waiving any rights it has under any applicable State or Federal law. In the event there is any court-imposed moratorium on the District, a connection to the District collection 26 system may not occur. In the event any government agency imposes a moratorium on the District, a connection to the District system may not occur. 149. Applicant shall reimburse the District for all plan review, field verification before and after construction, and inspection fees accrued associated with this project. 150. These are preliminary comments on PROJECT REFERRAL / TRANSMITTAL / SUBMITTAL RECEIVED ON 8/10/2021. Final approval in the form of a Will Serve Letter will not be granted until the District Board acts favorably on your Application of Allocation. 151. Note: Based on Miscellaneous Fee Schedule effective on July 1, 2021 preliminary cost estimates are: a) For new buildings, structures, and developments: i. $6,666 per Equivalent Sewer Unit; ii. Actual fees will be adjusted according to specific conditions and ENR adjustments outlined in the Ordinance. b) For existing buildings, structures, and developments: i. $333 per Plumbing Fixture Unit (PFU); ii. Credit may be given to existing plumbing fixtures; iii. Actual fees will be adjusted according to specific conditions and ENR adjustments outlined in the Ordinance. c) Connection fee will be assessed based on the Capital Facilities Charge per Equivalent Sewer Unit at the time of Will Serve Letter issuance. 152. Applicant must complete and submit Application for Allocation of Capacity to LGVSD along with application fee of $500. Application is available at http://www.lgvsd.org/wp- content/uploads/APPL-ALLOCATION-fillable.pdf. (Not applicable if Applicant has already submitted an application.) 153. Applicant is required to obtain a sewer permit from LGVSD for any sewer lateral work. The permit application is available at http://www.lgvsd.org/wp-content/uploads/NEW- LATERAL-PERMIT-FORM-2018-updatedFillable.pdf. Submit the permit application to the District office and call 24 hours in advance of backfill for lateral inspections. 154. For more information about District Ordinance and permitting process, please visit http://www.lgvsd.org/. District Standard Details/Specifications are available upon request. 155. Applicant shall submit plans electronically to LGVSD for review. Marin Water 156. The applicant must enter a pipeline extension agreement for the installation of pipeline to serve the project. 27 Pacific Gas & Electric—Gas Facilities 157. An engineering deposit may be required to review plans for a project depending on the size, scope, and location of the project and as it relates to any rearrangement or new installation of PG&E facilities. 158. Any proposed uses within the PG&E fee strip and/or easement, may include a California Public Utility Commission (CPUC) Section 851 filing. This requires the CPUC to render approval for a conveyance of rights for specific uses on PG&E’s fee strip or easement. PG&E will advise if the necessity to incorporate a CPUC Section 851 filing is required. 159. There could be gas transmission pipelines in this area which would be considered critical facilities for PG&E and a high priority subsurface installation under California law. Care must be taken to ensure safety and accessibility. So, please ensure that if PG&E approves work near gas transmission pipelines it is done in adherence with the below stipulations. Additionally, the following link provides additional information regarding legal requirements under California excavation laws: https://www.usanorth811.org/images/pdfs/CA-LAW- 2018.pdf 160. Standby Inspection: A PG&E Gas Transmission Standby Inspector must be present during any demolition or construction activity that comes within 10 feet of the gas pipeline. This includes all grading, trenching, substructure depth verifications (potholes), asphalt or concrete demolition/removal, removal of trees, signs, light poles, etc. This inspection can be coordinated through the Underground Service Alert (USA) service at 811. A minimum notice of 48 hours is required. Ensure the USA markings and notifications are maintained throughout the duration of your work. 161. Access: At any time, PG&E may need to access, excavate, and perform work on the gas pipeline. Any construction equipment, materials, or spoils may need to be removed upon notice. Any temporary construction fencing installed within PG&E’s easement would also need to be capable of being removed at any time upon notice. Any plans to cut temporary slopes exceeding a 1:4 grade within 10 feet of a gas transmission pipeline need to be approved by PG&E Pipeline Services in writing PRIOR to performing the work. 162. Wheel Loads: To prevent damage to the buried gas pipeline, there are weight limits that must be enforced whenever any equipment gets within 10 feet of traversing the pipe. Ensure a list of the axle weights of all equipment being used is available for PG&E’s Standby Inspector. To confirm the depth of cover, the pipeline may need to be potholed by hand in a few areas. Due to the complex variability of tracked equipment, vibratory compaction equipment, and cranes, PG&E must evaluate those items on a case-by-case basis prior to use over the gas pipeline (provide a list of any proposed equipment of this type noting model numbers and specific attachments). No equipment may be set up over the gas pipeline while operating. Ensure crane outriggers are at least 10 feet from the centerline of the gas pipeline. Transport trucks must not be parked over the gas pipeline while being loaded or unloaded. 163. Grading: PG&E requires a minimum of 36 inches of cover over gas pipelines (or existing grade if less) and a maximum of 7 feet of cover at all locations. The graded surface cannot exceed a cross slope of 1:4. 28 164. Excavating: Any digging within 2 feet of a gas pipeline must be dug by hand. Note that while the minimum clearance is only 12 inches, any excavation work within 24 inches of the edge of a pipeline must be done with hand tools. So to avoid having to dig a trench entirely with hand tools, the edge of the trench must be over 24 inches away. (Doing the math for a 24 inch wide trench being dug along a 36 inch pipeline, the centerline of the trench would need to be at least 54 inches [24/2 + 24 + 36/2 = 54] away, or be entirely dug by hand.) Water jetting to assist vacuum excavating must be limited to 1000 psig and directed at a 40° angle to the pipe. All pile driving must be kept a minimum of 3 feet away. Any plans to expose and support a PG&E gas transmission pipeline across an open excavation need to be approved by PG&E Pipeline Services in writing PRIOR to performing the work. 165. Boring/Trenchless Installations: PG&E Pipeline Services must review and approve all plans to bore across or parallel to (within 10 feet) a gas transmission pipeline. There are stringent criteria to pothole the gas transmission facility at regular intervals for all parallel bore installations. For bore paths that cross gas transmission pipelines perpendicularly, the pipeline must be potholed a minimum of 2 feet in the horizontal direction of the bore path and a minimum of 12 inches in the vertical direction from the bottom of the pipe with minimum clearances measured from the edge of the pipe in both directions. Standby personnel must watch the locator trace (and every ream pass) the path of the bore as it approaches the pipeline and visually monitor the pothole (with the exposed transmission pipe) as the bore traverses the pipeline to ensure adequate clearance with the pipeline. The pothole width must account for the inaccuracy of the locating equipment. 166. Substructures: All utility crossings of a gas pipeline should be made as close to perpendicular as feasible (90° +/- 15°). All utility lines crossing the gas pipeline must have a minimum of 12 inches of separation from the gas pipeline. Parallel utilities, pole bases, water line ‘kicker blocks’, storm drain inlets, water meters, valves, back pressure devices or other utility substructures are not allowed in the PG&E gas pipeline easement. If previously retired PG&E facilities are in conflict with proposed substructures, PG&E must verify they are safe prior to removal. This includes verification testing of the contents of the facilities, as well as environmental testing of the coating and internal surfaces. Timelines for PG&E completion of this verification will vary depending on the type and location of facilities in conflict. 167. Structures: No structures are to be built within the PG&E gas pipeline easement. This includes buildings, retaining walls, fences, decks, patios, carports, septic tanks, storage sheds, tanks, loading ramps, or any structure that could limit PG&E’s ability to access its facilities. 168. Fencing: Permanent fencing is not allowed within PG&E easements except for perpendicular crossings which must include a 16 foot wide gate for vehicular access. Gates will be secured with PG&E corporation locks. 169. Landscaping: Landscaping must be designed to allow PG&E to access the pipeline for maintenance and not interfere with pipeline coatings or other cathodic protection systems. No trees, shrubs, brush, vines, and other vegetation may be planted within the easement 29 area. Only those plants, ground covers, grasses, flowers, and low-growing plants that grow unsupported to a maximum of four feet (4’) in height at maturity may be planted within the easement area. 170. Cathodic Protection: PG&E pipelines are protected from corrosion with an “Impressed Current” cathodic protection system. Any proposed facilities, such as metal conduit, pipes, service lines, ground rods, anodes, wires, etc. that might affect the pipeline cathodic protection system must be reviewed and approved by PG&E Corrosion Engineering. 171. Pipeline Marker Signs: PG&E needs to maintain pipeline marker signs for gas transmission pipelines in order to ensure public awareness of the presence of the pipelines. With prior written approval from PG&E Pipeline Services, an existing PG&E pipeline marker sign that is in direct conflict with proposed developments may be temporarily relocated to accommodate construction work. The pipeline marker must be moved back once construction is complete. 172. PG&E is also the provider of distribution facilities throughout many of the areas within the state of California. Therefore, any plans that impact PG&E’s facilities must be reviewed and approved by PG&E to ensure that no impact occurs which may endanger the safe operation of its facilities. Pacific Gas & Electric—Electric Facilities 173. It is PG&E’s policy to permit certain uses on a case by case basis within its electric transmission fee strip(s) and/or easement(s) provided such uses and manner in which they are exercised, will not interfere with PG&E’s rights or endanger its facilities. Some examples/restrictions are as follows: a) Buildings and Other Structures: No buildings or other structures including the foot print and eave of any buildings, swimming pools, wells or similar structures will be permitted within fee strip(s) and/or easement(s) areas. PG&E’s transmission easement shall be designated on subdivision/parcel maps as “RESTRICTED USE AREA – NO BUILDING.” b) Grading: Cuts, trenches or excavations may not be made within 25 feet of our towers. Developers must submit grading plans and site development plans (including geotechnical reports if applicable), signed and dated, for PG&E’s review. PG&E engineers must review grade changes in the vicinity of our towers. No fills will be allowed which would impair ground-to-conductor clearances. Towers shall not be left on mounds without adequate road access to base of tower or structure. c) Fences: Walls, fences, and other structures must be installed at locations that do not affect the safe operation of PG&’s facilities. Heavy equipment access to our facilities must be maintained at all times. Metal fences are to be grounded to PG&E specifications. No wall, fence or other like structure is to be installed within 10 feet of tower footings and unrestricted access must be maintained from a tower structure to the nearest street. Walls, fences and other structures proposed along or within the fee strip(s) and/or easement(s) will require PG&E review; submit plans to PG&E Centralized Review Team for review and comment. d) Landscaping: Vegetation may be allowed; subject to review of plans. On overhead electric transmission fee strip(s) and/or easement(s), trees and shrubs are limited to those varieties that do not exceed 15 feet in height at maturity. PG&E must have 30 access to its facilities at all times, including access by heavy equipment. No planting is to occur within the footprint of the tower legs. Greenbelts are encouraged. e) Reservoirs, Sumps, Drainage Basins, and Ponds: Prohibited within PG&E’s fee strip(s) and/or easement(s) for electric transmission lines. f) Automobile Parking: Short term parking of movable passenger vehicles and light trucks (pickups, vans, etc.) is allowed. The lighting within these parking areas will need to be reviewed by PG&E; approval will be on a case by case basis. Heavy equipment access to PG&E facilities is to be maintained at all times. Parking is to clear PG&E structures by at least 10 feet. Protection of PG&E facilities from vehicular traffic is to be provided at developer’s expense AND to PG&E specifications. Blocked-up vehicles are not allowed. Carports, canopies, or awnings are not allowed. g) Storage of Flammable, Explosive or Corrosive Materials: There shall be no storage of fuel or combustibles and no fueling of vehicles within PG&E’s easement. No trash bins or incinerators are allowed. h) Streets and Roads: Access to facilities must be maintained at all times. Street lights may be allowed in the fee strip(s) and/or easement(s) but in all cases must be reviewed by PG&E for proper clearance. Roads and utilities should cross the transmission easement as nearly at right angles as possible. Road intersections will not be allowed within the transmission easement. i) Pipelines: Pipelines may be allowed provided crossings are held to a minimum and to be as nearly perpendicular as possible. Pipelines within 25 feet of PG&E structures require review by PG&E. Sprinklers systems may be allowed; subject to review. Leach fields and septic tanks are not allowed. Construction plans must be submitted to PG&E for review and approval prior to the commencement of any construction. j) Signs: Signs are not allowed except in rare cases subject to individual review by PG&E. k) Recreation Areas: Playgrounds, parks, tennis courts, basketball courts, barbecue and light trucks (pickups, vans, etc.) may be allowed; subject to review of plans. Heavy equipment access to PG&E facilities is to be maintained at all times. Parking is to clear PG&E structures by at least 10 feet. Protection of PG&E facilities from vehicular traffic is to be provided at developer’s expense AND to PG&E specifications. l) Construction Activity: Since construction activity will take place near PG&E’s overhead electric lines, please be advised it is the contractor’s responsibility to be aware of, and observe the minimum clearances for both workers and equipment operating near high voltage electric lines set out in the High-Voltage Electrical Safety Orders of the California Division of Industrial Safety (https://www.dir.ca.gov/Title8/sb5g2.html), as well as any other safety regulations. Contractors shall comply with California Public Utilities Commission General Order 95 (http://www.cpuc.ca.gov/gos/GO95/go_95_startup_page.html) and all other safety rules. No construction may occur within 25 feet of PG&E’s towers. All excavation activities may only commence after 811 protocols has been followed. m) Contractor shall ensure the protection of PG&E’s towers and poles from vehicular damage by (installing protective barriers) Plans for protection barriers must be approved by PG&E prior to construction. 174. PG&E is also the owner of distribution facilities throughout many of the areas within the state of California. Therefore, any plans that impact PG&E’s facilities must be reviewed 31 and approved by PG&E to ensure that no impact occurs that may endanger the safe and reliable operation of its facilities. VESTING TENTATIVE PARCEL MAP CONDITIONS OF APPROVAL Community Development Department—Planning Division 175. The Vesting Tentative Parcel Map shall be valid for a period of three (3) years from the date of Council approval and shall become null and void unless a Final Vesting Parcel Map has been recorded or a time extension is granted. 176. Prior to issuance of building permits or prior to the recordation of a Final Vesting Parcel Map, whichever occurs first, the developer shall pay to the City in lieu parkland dedication fees for 192 new units in accordance with the provisions of City Council Ordinance No. 1558. Department of Public Works 177. A Final Map shall be required to be filed and approved by the Department of Public Works. 178. Should the applicant elect to record the final map prior to completion of the subdivision improvements, a subdivision improvement agreement shall be required. As part of this agreement bonds shall be required based on the engineer’s estimate. The current fees for the subdivision: a) $2,615.00 Improvement Plan Check b) $3,285.00 minimum, (or actual cost if greater) for Pinal Map Plan Check, c) $1,464.00 Subdivision Improvement Inspection Fees. 179. Prior to occupancy, the Parcel Map shall be recorded with the Marin County Recorder’s Office. 32 Exhibit—The Neighborhood at Los Gamos Affordable Unit Distribution Plan 33 34 35 36 37