HomeMy WebLinkAboutCC Resolution 13003 (Outdoor Nursery for Research)RESOLUTION NO. 13003
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING USE PERMIT (UP10-
004) FOR AN AMENDMENT TO THE DOMINICAN UNIVERSITY MASTER USE PERMIT
(UP97-045) TO INCORPORATE THE NATIONAL ORNAMENTAL RESEARCH SITE AT
DOMINICAN UNIVERSITY CAMPUS/DEER PARK INTO THE DOMINICAN UNIVERSITY
CAMPUS AND APPROVING AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT
(ED10-004)TO ALLOW THE CONSTRUCTION OF A TEMPORARY (THREE YEARS), 0.85 -
ACRE, SIMULATED COMMERCIAL OUTDOOR NURSERY TO RESEARCH PATHOGENS
AND PESTS ON ORNAMENTAL PLANT STOCK ON AN UNDEVELOPED, 18.73 -ACRE,
FORESTED HILLSIDE LOCATED AT THE EASTERN TERMINUS OF MAGNOLIA AVENUE
AT DEER PARK AVENUE
(APN: 015-163-03)
WHEREAS, on January 13, 2010, Dominican University of California (Dominican University)
submitted applications for Amendment to the existing Planned Development -Hillside Overlay (PD -H)
District zoning (ZC10-001) and the approved Master Use Permit (UP10-004) and an Environmental and
Design Review Permit (ED]0-004)to the Community Development Department, requesting approval to
allow the construction and operation of a temporary (three years), 0.85 -acre, simulated commercial
outdoor nursery to research pathogens and pests on ornamental plant stock on an undeveloped, 18.73 -
acre, forested hillside located at the eastern terminus of Magnolia Avenue at Deer Park Avenue (National
Ornamental Research Site — Dominican University campus at Deer Park or NORSDUC); and
WHEREAS, the project proposes site improvements including the installation of raised planting
beds, a drip -irrigation and drainage system, perimeter solid wood fencing and interior chain-link fencing,
a modular office/restroom unit, street front landscaping, and the extension of utilities; and
WHEREAS, on May 7, 2010, the Amendments to the existing Planned Development -Hillside
Development Overlay (PD -H) District zoning and approved Master Use Permit, and an Environmental
and Design Review Permit applications were deemed complete for processing; and
WHEREAS, consistent with the requirements of the California Environmental Quality Act
(CEQA), an Initial Study/Mitigated Negative Declaration (MND) was prepared, analyzing the potential
environmental impacts of the project and identifying potential significant environmental impacts on air
quality (minor grading), biological resources (tree removal; raptor nesting), cultural resources (unknown
archaeological finds or human remains), geology (grading), greenhouse gas emissions (temporary
construction), hydrology and water quality (erosion control), and noise (temporary construction,
emergency back-up generator). All potential project impacts would be mitigated to less -than -significant
levels through the implementation of recommended mitigation measures or through compliance with
recommended conditions of project approval; and
WHEREAS, copies of the MND and the Mitigation Monitoring Reporting Program (MMRP)
were made available for a 20 -day review period by pertinent agencies and interested members of the
public, commencing on May 24, 2010; and
WHEREAS, on June 15, 2010, the Planning Commission held a duly noticed public hearing on
the proposed project, including the MND, Amendments to the existing Planned Development -Hillside
Overlay (PD -H) District zoning (ZC10-001) and the approved Master Use Permit (UP10-004) and an
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Environmental and Design Review Permit (ED]0-004)applications, accepting all oral and written public
testimony and the written report of the Community Development Department; and
WHEREAS, on June 15, 2010, the Planning Commission recommended to the City Council
adoption of the MND and MMRP by adopting Resolution No. 10-11, and
WHEREAS, on June 15, 2010, the Planning Commission also recommended to the City Council
approval of the proposed Amendment to the existing Planned Development -Hillside Overlay (PD -H)
District zoning by adopting Resolution No. 10-12, and recommended to the City Council approval of the
Amendment of the Dominican University Master Use Permit and an Environmental and Design Review
Permit by adopting Resolution No. 10-13; and
WHEREAS, on July 6, 2010, the City Council held a duly noticed public hearing to consider the
proposed MND and MMRP, the Amendment to the existing Planned Development -Hillside Overlay (PD-
H) District zoning, the Amendment of the Dominican University Master Use Permit (UP97-045), and an
Environmental and Design Review Permit and considered all oral and written public testimony and the
written report of the Community Development Department; and
WHEREAS, on July 6, 2010, the City Council adopted the MND and approved the Amendment
to the existing Planned Development -Hillside Overlay (PD -H) District zoning (ZC 10-001) by adoption of
separate Resolutions.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael
makes the following findings related to Use Permit (UP10-004) for Amendment of the Dominican
University Master Use Permit (UP97-045) and the Environmental and Design Review Permit (ED]0-004)
applications:
Use Permit (UP10-004) for Amendment to the Dominican University Master Use Permit
(UP97-045) — Findings
The proposed use, as proposed, revised and conditioned, is in accord with the General Plan, the
objectives of the Zoning Ordinance, the purposes of the district in which the site is located, in
that:
a. The project is consistent with pertinent San Rafael General Plan 2020 policies, as
demonstrated in the table attached to the staff report (Exhibit 5) analyzing the project's
consistency with the San Rafael General Plan 2020.
b. The project would be consistent with the specific purposes (Section 14.07.010 of the
Zoning Ordinance) of the Amendment of the Planned Development -Hillside Overlay
(PD -H) District, given that; the current Planned Development (PD Ordinance No. 1868)
District zoning incorporates all of the developed portions of the Dominican University
campus and the project would develop a portion of an existing undeveloped parcel
owned by Dominican University and incorporate its uses into the University's Master
Use Permit (UP97-045).
c. The project would be consistent with the specific purposes (Section 14.25.010 of the
Zoning Ordinance) of Environmental and Design Review Permit, given that: 1) the
project would maintain a proper balance between the proposed site improvements and
the natural environment by limiting the project area to .85 -acre and maintaining the
remaining 18 -acre forested hillside undisturbed; and 2) the project would maintain the
quality of, and the relationship between, the project area and the surrounding residential
neighborhood by including wood perimeter fencing and landscaping screening along the
Deer Park Avenue and Gold Hill Grade frontages.
2. The proposed use, as proposed, revised and conditioned, will not be detrimental to the public
health, safety or welfare, or materially injurious to properties or improvement in the vicinity, or
to the general welfare of the City, in that: the project has been reviewed by appropriate City
departments, non -City agencies, neighborhood groups (Dominican/Black Canyon Neighborhood
Association, Gold Hill Grade Homeowners' Association), and the Federated Indians of Graton
Rancheria (FIGR) and an Initial Study/Mitigated Negative Declaration (IS/MND) has been
prepared, analyzing the potential environmental impacts of the project and identifying potential
significant environmental impacts on air quality (minor grading), biological resources (tree
removal; raptor nesting), cultural resources (unknown archaeological finds or human remains),
geology (grading), greenhouse gas emissions (temporary construction), hydrology and water
quality (erosion control), and noise (temporary construction, emergency back-up generator). All
project impacts would be mitigated to less -than -significant levels through the implementation of
recommended mitigation measures or through compliance with recommended conditions of
project approval.
The proposed use, as proposed, revised and conditioned, complies with each of the applicable
provisions of the Zoning Ordinance, specifically, the provisions and requirements for approval of
an Environmental and Design Review Permit (discussed below), the site and use regulations of
San Rafael Municipal Code (SRMC) Chapter 14.16 and the off-street parking provisions of
SRMC Chapter 14.18. Further, although the entire subject site is located within the Hillside
Development Overlay (-H) District, the 0.85 -acre project area has an average cross -slope of
approximately 12% and would not violate or be in conflict with the provisions of this overlay
district.
Environmental and Design Review Permit (ED10-004) — Findings
1. The project design, as proposed, revised and conditioned, is in accord with the General Plan, the
objectives of the Zoning Ordinance, the purposes of the district in which the site is located, and
the purposes of Chapter 25 (Environmental and Design Review Permits), in that:
a. The project is consistent with pertinent San Rafael General Plan 2020 policies, as
demonstrated in the table attached to the staff report (Exhibit 5) of the Planning
Commission staff report; General Plan Consistency Table) analyzing the project's
consistency with the San Rafael General Plan 2020.
b. The project would be consistent with the general purposes (Section 1.1.01.030 of the San
Rafael Municipal Code) of the Zoning Ordinance, given that; 1) The project would
promote and protect the public health, safety, peace, comfort and general welfare by
implementing the pertinent policies of the San Rafael General Plan 2020 as identified in
the table attached to the staff report (Exhibit 5) of the Planning Commission staff report;
General Plan Consistency Table) analyzing the project's consistency with the San Rafael
General Plan 2020; 2) The project would reduce the negative impacts caused by
inappropriate location, use or design of site improvements by implementation of the
mitigation measures and conditions of approval listed below; 3) The project would
preserve the existing natural site features, given that: i) the project area would be located
or clustered at the base of the hillside parcel; ii) the project area would provide adequate
setbacks from potential jurisdictional features (creek, drainageway and wetlands); and
iii) the project area would be screened from public view along both the Deer Park
Avenue and Gold Hill Grade frontages by perimeter wood fencing and landscaping; and
4) The project would provide for effective citizen participation during: i) initial referral
of the project to neighborhood groups (Dominican/Black Canyon Neighborhood
Association, Gold Hill Grade Homeowners' Association, Federation of San Rafael
Neighborhoods), and interested parties (State Department of Fish & Game; Federated
Indians of Graton Rancheria); ii) mailing of notice of the Neighborhood Meeting, and
the meeting itself held on February 11, 2010; and iii) mailing of notice of the Planning
Commission's hearing, held June 15, 2010, to review the project application.
c. The project would be consistent with the specific purposes (Section 14.25.010 of the San
Rafael Municipal Code) of Environmental and Design Review Permits, given that: 1)
The project would maintain a proper balance between the proposed site improvements
and the natural environment by limiting the project area to .85 -acre and maintaining the
remaining 18 -acre forested hillside undisturbed; and 2) The project would maintain the
quality of, and the relationship between, the project area and the surrounding residential
neighborhood by including wood perimeter fencing and landscaping screening along the
Deer Park Avenue and Gold Hill Grade frontages.
2. The project design, as proposed, revised and conditioned, is consistent with all applicable site,
architecture and landscaping design criteria and guidelines for the district in which the site is located
and will comply with each of the applicable provisions of the Zoning Ordinance, in that:
a. The project would be consistent with the specific purposes (Section 14.07.010 of the
Zoning Ordinance) of the Amendment of the Planned Development -Hillside Overlay
(PD -H) District, given that: the current Planned Development (PD Ordinance No. 1868)
District zoning incorporates all of the developed portions of the Dominican University
campus and the project would develop a portion of an existing undeveloped parcel
owned by Dominican University and incorporate its uses into the University's Master
Use Permit (UP97-045).
b. The project would comply with the proposed development standards (ZCIO-001) for the
PD -H District, which include maximum Floor Area Ratio (FAR), building height, lot
coverage, setbacks, landscaping and on-site parking and as proposed in development
plans (Sheets CI -C6; L1-L3) prepared by CSWIStuber-Stroeh Engineering Group, Inc.,
date-stamped April 29, 2010.
c. The project would preserve the current natural state and features for the vast majority of
the existing undeveloped site as site improvements would be limited to .85 -acre of the
18.73 -acre forested hillside lot.
The project design, as proposed, revised and conditioned, minimizes potential adverse environmental
impacts and would not be detrimental to the public health, safety or welfare, material injurious to
properties or improvements in the vicinity, or to the general welfare of the City; in that, the project
has been reviewed by appropriate City departments, non -City agencies, neighborhood groups
(Dominican/Black Canyon Neighborhood Association, Gold Hill Grade Homeowners' Association),
and the Federated Indians of Gration Rancheria (FIGR) and an Initial Study/Mitigated Negative
Declaration (IS/MND) has been prepared, analyzing the potential environmental impacts of the
project and identifying potential significant environmental impacts on air quality (minor grading),
biological resources (tree removal; raptor nesting), cultural resources (unknown archaeological finds
or human remains), geology (grading), greenhouse gas emissions (temporary construction),
hydrology and water quality (erosion control), and noise (temporary construction, emergency back-
up generator). All project impacts would be mitigated to less -than -significant levels through the
implementation of recommended mitigation measures or through compliance with recommended
conditions of project approval.
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NOW, TIIEREORE, BE IT RESOLVED that the City Council of the City of San Rafael does
hereby approve a Use Permit (UP10-004) for Amendment of the Dominican University Master Use Permit
(UP97-045) and the Environmental and Design Review Permit (ED10-004) applications, subject to the
following conditions:
Use Permit (UP10-004) for Amendment to the Dominican University Master Use Permit
(UP97-045) — Conditions of Approval
Master Use Permit (UP97-045) Condition #2 shall be amended to state: "Individual Environmental
and Design Review Permits are required for each phase. This Use Permit shall incorporate all
mitigation measures specified in the FEIR and adopted by the City Council, as well as the subsequent
adopted mitigation measures for incorporation of "Magnolia House" (UP07-063) and the National
Ornamental Research Site at Dominican University/Upper Deer Park, or NORSDUC, (UP10-004)
projects into the Campus Development Plan".
2. Master Use Permit (UP97-045) Condition 43 shall be amended to add a bullet point identifying the
National Ornamental Research Site at Dominican University/Upper Deer Park (NORSDUC) as an
approved use, as follows:
• "The use of the undeveloped forested hillside located at the eastern terminus of Magnolia
Avenue at Deer Park Avenue (APN: 015-163-03). Operation of a temporary (three years),
.85 -acre, simulated commercial outdoor nursery to research pathogens and pests on
ornamental plant stock is permitted on a lower portion of an undeveloped, 18.73 -acre,
forested hillside located at the eastern terminus of Magnolia Avenue at Deer Park Avenue
(National Ornamental Research Site Dominican University campus/Upper Deer Park or
NORSDUC). Site development is limited to the Development Standards (ZC10-001) and
Environmental and Design Review Permit (ED10-004) approved for the project."
3. In order to control potential mosquito populations, the evaporation pond shall operate under the
following conditions at all times: The evaporation pond shall not contain vegetation. There shall not
be standing water in the evaporation pond unless part of specific immediate research. Marin Sonoma
Mosquito Vector Control District (MSMVCD) shall conduct larval mosquito surveillance
periodically. If larval mosquito production is confirmed in the evaporation pond, MSMVCD shall
control mosquito populations with mosquito fish (Gambusia affinis) or mosquito larvicides.
4. This Use Permit (UP10-004) for Amendment of Dominican University Master Use Permit (UP97-
045) shall remain in effect and run with the land without expiration, unless and until amended by
separate permit application and approval. This Use Permit may be brought up for review by the City
of San Rafael at any time should the use become detrimental to the public health, safety or welfare,
or materially injurious to properties or improvements in the vicinity of the subject site, or to the
general welfare of the City. In the event that the Environmental and Design Review Permit (ED10-
004) expires, and a grading permit or building permits are not issued within three (3 years) from the
date of City Council approval, this Use Permit approval shall also expire and become invalid.
Environmental and Design Review Permit (ED10-004) — Conditions of Approval
General and On -Going
Communitv Develooment Department, Planniniz Division
1. The building techniques, colors, materials, elevations and appearance of the project, as presented on
plans, date-stamped April 29, 2010, labeled "Master Use Permit For National Ornamental Research
Site at Upper Deer Park; Dominican University of California; San Rafael, California" on file with
the Community Development Department, Planning Division, shall be the same as required for
issuance of all building permits, subject to these conditions. Minor modifications or revisions to the
project shall be subject to review and approval of the Community Development Department,
Planning Division. Further modifications deemed not minor by the Community Development
Director shall require review and approval by the original decision making body, the City Council, or
the Planning Commission, and may require review and recommendation by the City's Design Review
Board.
2. To better mitigate the potential visual impacts of the project area as seen from public view or vantage
points located downslope, along the Magnolia and Deer Park Avenues street `shoulder' furthest away
from the project area:
a. The proposed "shadowbox" wood perimeter fencing along Deer Park Avenue and Gold Hill
Grade frontages shall be increased from 6' to 8' in height without additional security wire.
b. The proposed "shadowbox" wood perimeter fencing and landscaping shall be extended along the
southern side elevations of Area 1 and Area 2 and along a portion of the northern side elevation
of Area 1, up to the ADA -compliant pathway.
c. The exterior color of the modular office / restroom unit shall be an earthtone / woodtone shade to
blend with the predominant `tan' or `forest green' value of the natural hillside setting.
d. The exterior color of the freestanding, 8' -tall, water tanks shall be the same earthtone / woodtone
shade as the modular office / restroom unit to blend with the predominant `tan' or `forest green'
value of the natural hillside setting.
e. The proposed color of the shade cloth covering over each planting bed shall be an earthtone /
woodtone shade to blend with the predominant `tan' or `forest green' value of the natural hillside
setting.
3. All new landscaping shall be maintained in a healthy and thriving condition, free of weeds and
debris, at all times during the operation of the project. Any dying or dead landscaping shall be
replaced in a timely fashion.
4. All new fencing shall be maintained in good, undamaged condition at all times during the operation
of the project. Any damaged improvements shall be replaced in a timely manner.
5. The 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.
Applicant agrees 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 adoption 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.
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7. In the event that any claim, action or proceeding as described above is brought, the City shall
promptly notify the 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 the applicant 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 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 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 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.
As a condition of this application, applicant agrees 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.
This Environmental and Design Review Permit (ED10-004)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 grading or building permit is issued or a time extension request is granted by the City's
Community Development Department within three (3) years from the date of City Council approval.
Failure to obtain a building permit or a time extension by the specified date will result in the
expiration of this Environmental and Design Review Permit. Failure to obtain a building permit or a
time extension by the specified date will result in the expiration of this Environmental and Design
Review Permit.
10. This Environmental and Design Review Permit (ED]0-004)shall run concurrently with the Use
Permit (UPI 0-004) for Amendment of Dominican University Master Use Permit (UP97-045)
approval. If the Environmental and Design Review Permit expires, the Use Permit approval shall also
expire and become invalid.
Prior to Issuance of Grading or Building Permit
Public Works Department
11. A grading permit is required. The applicant or property owner shall submit a detailed grading plan,
including cross-sections with dimensions and volume calculations of all proposed cut/fill and
export/import, and a drainage plan to the City Engineer for review and approval. Both the grading
plan and the drainage plan shall be prepared by a licensed civil engineer. Prior to issuance of the
grading permit, the applicant or property owner shall submit an erosion and runoff control plan to the
City Engineer for review and approval, and pay all required grading plan check and post -construction
inspection fees.
12. No grading operation shall be allowed between October 15°' and April 15"'.
13. The project engineer shall submit three sets of plans showing all work proposed in the public right-
of-way, including details of all utilities, to the City Engineer for review and approval.
14. All work in the public right of way requires the issuance of an encroachment permit from the Public
Works Department.
San Rafael Sanitation District
15. Full Civil/Utility plans for the project shall be submitted directly to the San Rafael Sanitation District
(SRSD) showing details for the installation of the sewer service lateral and sewerage system that
comply with SRSD Standard Design Requirements. SRSD would prefer the sewer lateral connection
along the pipeline and not at the SRSD manhole. Any question regarding SRSD's Standard Design
Requirements should be directed to Karen Chew, Senior Civil Engineer at (415) 485-5369.
16. Submit a floor plan of the modular trailer showing the proposed plumbing fixtures.
17. Applicant shall pay any required sewer connection fees prior to the issuance of a building permit.
Marin Municipal Water District
18. The project shall comply with the Marin Municipal Water District's (MMWD) water conservation
ordinance (Ordinance 414) requirements for new landscaping. Prior to issuance of building permits,
the applicant shall submit landscape, irrigation, and grading plans (where slopes exceed 10%) with
finished grade elevations to MMWD for review and approval. Any question regarding MMWD's
current water conservation Ordinance should contact MMWD-Water Conservation Department (415)
945-1497. MMWD's current water conservation and landscape Ordinance may be found online at
www.marinwater.org.
Communitv Development Department. Building/Fire Prevention Division
19. Plumbing and electrical permits are required for the modular trailer installation and the landscape
irrigation from the Building Division.
20. The project shall comply with accessibility for disabled person's requirements into the modular
trailer and to the study areas similar to the requirements in California Building Code (CBC) Section
113282.6.
21. The project shall provide toilet facilities.
Communitv Development Department. Planning Division
22. Plans submitted for a Grading or Building Permit shall include a plan sheet, which incorporates these
conditions of approval.
23. To mitigate potential air quality impacts associated with grading activities, prior to the issuance of a
grading permit, a Dust Control Plan shall be prepared and submitted to the City of San Rafael,
Community Development Department, for review and approval. The Dust Control Plan shall include
the following measures:
a. Watering active grading zones a minimum of two times per day.
b. Hydro -seeding with native groundcovers inactive grading zones (previously graded areas).
C. Suspending all grading activity during periods of high winds (wind gusts exceeding 25
miles/hour).
d. Sweeping all paved public roads daily with water sweepers if visible excavation is present.
e. Maintaining and operating grading/excavation equipment so as to minimize particulates from
exhaust emissions.
The Dust Control Plan shall be implemented during periods of grading when potential dust emissions
are likely to occur. (Mitigation Measure Air Quality -1)
24. In order to avoid disturbance of the existing shallow drainage swale, a potential jurisdictional
feature:
a. The support abutments of the proposed footbridge shall be setback a minimum of three feet (3')
from the flow line.
b. The height of proposed footbridge shall be set to allow at least one foot (1') of freeboard,
unobstructed clearance.
c. All grading of the proposed planting beds and interior fencing shall maintain a minimum three
foot (3') setback from the flow line.
d. The height of the proposed perimeter fencing shall be set to allow at least one foot (1') of
freeboard, unobstructed clearance. (Mitigation Measure Biological Resource -1)
25. If grading or eucalyptus tree removal is proposed to occur between January 15°i and August 15`x'
(raptor nesting season):
a. A qualified wildlife biologist shall conduct a pre -construction raptor survey of the project area,
particularly those trees proposed for removal or pruning, and within the immediate vicinity (300'
radius) of the project area.
b. If active raptor nests are encountered, the biologist shall prepare mitigation measures to prevent
abandonment of the active nest(s). At a minimum, a construction -disturbance setback of at least
300' from the active nest(s) shall be provided. Grading or eucalyptus tree removal in the vicinity
of a raptor nest(s) should not be permitted until the biologist confirms that the young raptor(s)
have fledged the nest. (Mitigation Measure Biological Resource -2)
26. If, during grading or construction activities, any archaeological artifacts or human remains are
encountered, the following measures shall be implemented:
Construction shall cease immediately within 150 feet of the find until it can be evaluated by a
qualified archaeologist, the Federated Indians of the Graton Rancheria and Planning staff.
Planning staff and the qualified archaeologist shall promptly visit the site. The qualified
archaeologist shall conduct independent evaluation of the "find" to determine the extent and
significance of the resource, and to develop a course of action to be adopted that is acceptable to
all concerned parties. If mitigation is required the first priority shall be avoidance and
preservation of the resource. If avoidance is not feasible, an alternative archaeological
management plan shall be prepared that may include excavation. If human remains are unearthed,
the Marin County Medical Examiner's office also shall be notified. All archaeological
excavation and monitoring activities shall be conducted in accordance with the prevailing
professional standards as outlined in Appendix K of the State CEQA Guidelines and by the
California Office of Historic Preservation. The Native American community shall be consulted
on all aspects of the mitigation program. (Mitigation Measure Cultural Resource -1)
27. To reduce the level of greenhouse gas emissions during grading and construction activities, all
equipment and vehicles powered by internal combustible engines (gasoline or diesel) shall operate
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with properly maintained pollution control exhaust devices installed and within the specifications of
the engine or equipment manufacturers. (Mitigation Measure Greenhouse Gas Emissions -1)
28. To reduce the level of greenhouse gas emissions caused by excessive idling during grading and
construction activities, all equipment and vehicles powered by internal combustible engines (gasoline
or diesel) shall not idle continuously for more than five (5) consecutive minutes while the
construction equipment or vehicle is parked, stopped or standing. (Mitigation Measure Greenhouse
Gas Emissions -2)
29. The project would result in potential water quality impacts associated with site grading and
construction. Prior to the issuance of a grading or demolition permit, whichever occurs first, an
Erosion Control Plan or SWPPP shall be prepared and submitted to the Community Development
Department, Planning Division, for review and approval by the City's Land Development Engineer.
The Erosion Control Plan or SWPPP shall incorporate BMPs to prevent the discharge of construction
wastes and contaminants from construction materials, tools and equipment, or any other pollutants,
from entering the natural drainage system on the site. All measures specified in the Erosion Control
Plan or SWPPP shall be installed by the project's general contractor immediately after the
completion of the first grading or building activities on the site and prior to issuance of the certificate
Of occupancy. All measures specified in the Erosion Control Plan or SWPPP shall be maintained
during the construction of the project. (Mitigation Measure Hydrology -1)
30. To mitigate temporary construction noise:
a. Noise -generating activities at the construction site or in areas adjacent to the construction site
associated with the project in any way should be restricted to the hours of 7 a.m, to 6 p.m.,
Monday through Friday, and 9 a.m. to 6 p.m. on Saturdays. No construction activities shall occur
on Sundays or holidays. Post signs stating allowable hours of construction per the City's noise
ordinance.
b. Equip all internal combustion engine driven equipment with intake and exhaust mufflers that are
in good condition and appropriate for the equipment.
c. Locate stationary noise generating equipment as far as possible from neighboring residences and
the Saint Sabina Mediation Retreat Center.
d. Utilize "quiet" air compressors and other stationary noise sources where technology exists.
e. The contractor shall prepare a detailed construction plan identifying the schedule for major
noise -generating construction activities, such as all grading activity, and distribute it to all
adjacent neighbors.
f. Designate a "disturbance coordinator" who would be responsible for responding to any local
complaints about construction noise. The disturbance coordinator will determine the cause of the
noise complaint (e.g., starting too early, bad muffler, etc.) and will require that reasonable
measures warranted to correct the problem be implemented. Conspicuously post a telephone
contact number for the disturbance coordinator at the construction site and include it in the notice
sent to neighbors regarding the construction schedule. (Mitigation Measure Noise -2)
31. Though not required, it is recommended that the applicant consult and reach an agreement with the
Federated Indians of Graton Rancheria (FIGR) to monitor on-site grading activities for the project.
32. Prior to building permit issuance, any outstanding Planning Division application processing fees
shall be paid.
Immediately After Grading or Building Permit Issuance
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Marin Municipal Water District
33. Complete a Standard Water Service Application.
34. Submit a copy of the current building permit.
35. Pay the appropriate fees and charges.
36. Comply with the District's rules and regulations in effect at the date of service application submittal.
37. Comply with the backflow prevention requirements, if upon MMWD's review backflow protection is
warranted, including installation, testing and maintenance. Questions regarding backflow
requirements should be directed to the Backflow Prevention Program Coordinator at (415) 945-1559.
Pacific Gas & Electric
38. Electric and gas service to the project site will be provided in accordance with the applicable
extension rules, which are available on PG&E's website at
http://www.pae.com/mvliome/customerservice other/newconstruction or contact (800) PGE -5000. It
is highly recommended that PG&E be contacted as soon as possible so that there is adequate time to
engineer all required improvements and to schedule any site work.
39. The cost of relocating any existing PG&E facilities or conversion of existing overhead facilities to
underground shall be the sole responsibility of the applicant or property owner.
40. Prior to the start of excavation or construction, the general contractor shall call Underground Service
Alert (USA) at (800) 227-2600 to have the location of any existing underground facilities marked in
the field.
Prior to Operation
Marin Municipal Water District
41. The applicant shall contact MMWD for final inspection of project landscaping and irrigation
installed in compliance with their current water conservation ordinance (Ordinance 414). Applicant
shall provide the City with a copy of the MMWD correspondence, indicating that the installed
landscaping and irrigation passes MMWD final inspection.
Communitv Development Department, Planning Division
42. Prior to occupancy of any unit, the applicant or property owner shall contact the Community
Development Department, Planning Division, to request a final inspection. This inspection shall
require a minimum of 48-hour advance notice.
43. All landscaping and irrigation shall be installed prior to occupancy. In the alternative, the applicant
or property owner shall post a bond with the City in the amount of the estimated
landscaping/irrigation installed cost. In the event that a bond is posted, all areas proposed for
landscaping shall be hydro -seeded with native groundcovers, if previously graded areas, prior to
occupancy. Deferred landscaping through a bond shall not exceed 3 months past occupancy.
44. To mitigate operational noise, the electric water pumps and gas -powered emergency generator shall
be designed to incorporate all necessary noise controls and attenuation measures, as recommended by
a qualified acoustical consultant, to ensure that noise levels will not exceed the nighttime noise limit
for constant noise (40 dBA Leq) as measured at the boundary of Edgehill Village student housing
complex on the Dominican University campus, the Saint Sabina Mediation Retreat Center and the
closest single-family residence located at 375 Locust Avenue. Prior to operation of the project, a
qualified acoustical consultant shall provide post -installation confirmation to the City that concurrent
operation of the electric water pumps and gas -powered emergency generator meets the above noise
standard. (Mitigation Measure Noise -1)
Post Operation
45. Within ninety (90) days of termination of the project, all site improvements shall be removed with
the exception of the perimeter landscaping, which shall be preserved as much as possible. A site
inspection shall be conducted by the Community Development Department to confirm compliance
with this requirement.
I, Esther C. Beirne, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly
and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael,
held on Tuesday, the 6"' of July, 2010, by the following vote, to wit:
AYES:
Councilmembers:
Brockbank, Connolly, Levine & Mayor Boro
NOES:
Councilmembers:
None
ABSENT:
Councilmembers:
Heller
ESTHER C. BEIRNE, City Clerk
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