MARIN COUNTY PLANNING COMMISSION
RESOLUTION NO. PC16 ~003
A RESOLUTION RECOMMENDING THE BOARD OF SUPERVISORS CONDITIONALLY APPROV~ THE LUCASFILM, LTO. MASTER PLAN AMENDMENT
3838 LUCAS VALLEY ROAD, NICASIO
ASSESSOR'S PARCELS: 164~310~01 and ~02
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SECTION 1: FINDINGS
I. WHEREAS, Angelo Garcia, on behalf of Skywalker Properties LTO, has applied for a Master Plan Amendment to allow for the conversion of 61,162 square feet of Big Rock Ranch's existing office floor area into 57 guest units. In addition to the conversion of office space to guest units, the remodel project entails upgrades to the existing food facilities, expansion of the existing general store, the creation of additional meeting areas, and the elimination of the childcare portion of the fitness/childcare building and conversion of the floor area to a spa and expanded fitness facility. Further, the applicant intends to install a greywater/water recycling system on the property to reduce the overall water usage on the property. The total building area, excluding the underground parking garage, is 178,690 square feet. When combined, the total building· area to be remodeled is 76,556 square feet. No additional building area is proposed as part of the project and no exterior changes are proposed to the buildings or site im provements. The applicant's proposed amendment .to Condition of Approval 64 of Ordinance 3237 is reflected in revision marks as follows: "The total maximum on-site population on both Grady Ranch and Big Rock · Ranch shall not exceed an aggregate of 640 employees and overnight guests. Specifically, in applying this on-site population limit, up to 340 employees and overnight guests on Grady Ranch and up to 300 employees and overnight guests on Big Rock Ranch are permitted. As use herein, "employees" means all employees of Lucasfilm the Property Owner such as office emplqyees for digital film production and contracted employees for various services (e.g. restaurant and landscaping services). "Overnight guests" means the total number Qf_of guest units provided on Grady Ranch for clients or guests of Lucasfilm the Property Owner that stay overnight in guest units. All other persons, including guests (as opposed to overnight guests) or visitors, clients, vendors, and delivery personnel, are not included in on-site population counts. On-site p op~:~lati on limitations shall be monitored by reference to company records respecting the total number of employees and overnight guests on site on a daily basis. This information shall be compiled quarterly to provide an accurate profile of the daily site occupancy during the quarter. Fluctuations in the daily on-site population limits for both ranches may be permitted as long as the fluctuations · are not significant and the average daily populations during the quarter do not ·exceed 340 employees and overnight guests on Grady Ranch and 300 employees and overnight guests on Big Rock Ranch . At the request of the County, the Property Owner Applicant shall provide a quarterly report t~ the County of these monitoring records. The first Precise Development Plan
LucasFilm, LTD .Master Plan Amendment Resolution PC16-003 May 9, 2016 Page #1
BOS ATTACHMENT #2 application shall describe the nature of special events that may be held at either the Grady Ranch or Big Rock Ranch facilities, including the purpose, frequency, size, and timing."
Master Plan Amendment approval is required because the 1996 Lucasfilm, LTO Master Plan does not include a provision to allow guest units on the Big Rock Ranch property.
Pursuant to Table 4-1 in Section 22.40 of the Marin County Development Code, because the project involves the ·amendment of a Master Plan, the Planning Commission's role is advisory to the Board of Supervisors who will make the final decision on this application.
The subject property is located at 3838 Lucas Valley Road in Nicasio and is further identified as Assessor's Parcels 164-310-01 and -02.
II. WHEREAS, the Marin County Planning Commission held a duly noticed public hearing on May 9, 2016 to consider the merits of the project, and hear testimony in favor of and in opposition to the project. The Community Development Agency has provided public notice identifying the applicant, describing the project and its location, and the date of the public hearing prior to both hearings. This notice has been mailed to all property owners within 600 feet of the subject property, as well as to interested parties.
Ill. WHEREAS, the project is Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA), per Section 15301 of the CEQA Guidelines because the project entails an interior remodel project that involves the conversion of office floor area to guest units, which will result in fewer daily and PM peak hour traffic trips and would operate within the existing sewer and water capacity, as compared to the currently approved use. Therefore, as proposed, the project would not result in potentially significant impacts to the environment.
IV." WHEREAS, the Marin County Planning Commission finds the proposed project is consistent with the Marin Countywide Plan (CWP) for the following reasons:
A. The project would be consistent with the AG2 (Agriculture, 1 unit per 10-20 acres) land use designation because the proposed guest units are considered an accessory use to the primary use, an office complex, which was approved via the 1996 Lucasfilm, LTO. Master Plan.
B. The project is consistent with the CWP woodland preservation policy (BI0-1.3) because the project would not entail the irreplaceable removal of any mature, native trees.
C. The project is consistent with the CWP special-status species protection policy (BI0-2.2) because the subject property does not provide habitat for special-status species of plants or animals.
D. The project is consistent with the CWP natural transition and connection policies (BIO 2.3 and BIO 2.4) because the project would not alter the margins along riparian corridors, wetlands, baylands, or woodlands.
E. The project is consistent with the CWP stream and wetland conservation policies (BI0-3.1 and CWP BI0-4.1) because it would not result in new encroachments into any Stream Conservation Areas or Wetland Conservation Areas.
Page #2 LucasFilm, LTD.Master Plan Amendment Resolution PC16-003 May 9, 2016 F. The project is consistent with CWP water quality policies and would not result in substantial soil erosion or discharge of sediments or pollutants into surface runoff 0fVR-1.3, WR-2.2, WR- 2.3) ..
G. The project is consistent with CWP seismic hazard policies (CWP Policies EH-2.1, EH-2.3, and CD-2.8) would be constructed in conformance County earthquake standards, as verified during review of the Building Permit application and the subject property is not constrained by unusual geotechnical problems, such as existing fault traces.
H. The project is consistent with CWP fire hazard management policies (EH-4.1, EH-4.2, EH-4.5) because it will meet all fire safety requirements, as verified by the local fire protection district during review of the Building Permit application.
I. The project is consistent with CWP aesthetic policies and programs (DES-4.1 and DES-4.e) because it would protect scenic quality and views of ridgelines and the natural environment from adverse impacts related to development.
V. WHEREAS; the Marin County Planning Commission finds the proposed project is consistent with the Nicasio Community Plan for the following reasons:
A. The project would minimize grading and unnecessary ground disturbance, avoid interfering with agricultural operations in the area, avoid hazardous areas, and be screened from view from surrounding properties because the project entails an interior remodel of the existing office complex.
B. The project is consistent with the Building Design Review Design Guidelines V for Streams, Building and Site Grading, and Drainage Design (Guidelines V.B, C, and D) because the project entails an interior remodel of the existing office complex.
C. The proposed site improvements are consistent with the Building Design Review Guidelines for Fences, Landscaping, and Lighting, Landscaping (Guideline V.l) because the project entails an interior remodel of the existing office complex that does not include revisions to the existing landscaping, fencing, or lighting that currently exists on the property.
VI. WHEREAS, the Marin County Planning Commission finds that the proposed project is consistent with the mandatory findings to recommend approval of the Lucasfilm, LTD Master Plan Amendment application (Section 22.44.030 ofthe Marin County Code) as specified below.
A. The proposed Master Plan or Master Plan Amendment is consistent with the goals, policies, objectives, and programs of the Countywide Plan and any applicable Community Plan.
The project entails the remodel of an existing office complex located on Big Rock Ranch. The office complex was evaluated for conformance with the Countywide Plan and the Nicasio Valley Community Plan as part of the Lucasfilm, LTD. Master Plan and Lucasfilm, LTD Precise Development Plan processes. The Board of Supervisors determined that the development of an office complex on the ranch is consistent with the County's policies. The current proposal to convert a portion of the office floor area into 57 guest units would also be consistent with the policies, as overnight client
Page #3 LucasFilm, LTD.Master Plan Amendment Resolution PC16-003 May 9:2016 accommodations are considered an accessory use to the primary office use. Further, because no exterior modifications or expansion of the buildings is proposed, the structures would continue to be clustered and the existing views of the hills beyond the ranch thereby preserved, as a result of the project. Finally, as demonstrated in the project trip generation, water, and septic plans, the project as proposed would generate fewer daily and PM peak hour traffic trips than the currently approved project. And, as established in the project water and septic reports, the applicant has exhibited that adequate septic capacity and water supply is available to accommodate the project. Therefore the project is consistent with this finding.
B. The proposed Master Plan or Master Plan Amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the County.
The proposed project entails an interior remodel project of an existing office complex located on Big Rock Ranch. As submitted, approximately 61,162 square feet of existing office floor area located on the property would be converted into 57 guest units. The guest units would be utilized as overnight lodging for employees and clients of the property owner otherwise associated with business operations on Big Rock Ranch. The guest units would not be available for lodging by members of the general public. In addition, the existing fitness center/childcare building located on the ranch would be remodeled to eliminate the childcare component of the building to accommodate a new spa and expanded fitness room, and portions of the existing office building would be converted into a new banquet room, a gallery, and expanded retail space. The total building area, excluding the underground parking garage, is 178,690. When combined, the total proposed square footage of building area to be remodeled is 76,556 square feet. No exterior changes are proposed to be made to the existing structures or site improvements in conjunction with the remodel.
Further, the entrance to Big Rock Ranch is closely monitored by security staff, stationed at the Gate House, to ensure that members of the public do not enter the premises. The entrance will continue to be monitored following the remodel of the office complex. Only employees and clients of the property owner will be permitted on the premises; therefore the project Would not be detrimental to the public interest, health, safety, convenience, or welfare of the County.
C. The site is physically and environmentally suitable for the proposed land use development(s}, including access, provision of utilities, compatibility with adjoining land uses, and absence of unusual physical constraints that would make future development in conformance with Chapter 22.16 (Planned District Development Standards) infeasible. ·
No new site improvements are proposed as part of the project, which entails the interior remodel of an existing office complex. The project includes the conversion of 61,162 square feet of existing office floor area into 57 guest units. The guest units will be utilized by employees and clients of the property owner, which is considered an accessory use to the primary approved office use on Big Rock Ranch. No new access driveways or utility extensions are required to accommodate the guest units and because the office complex and guest units will not be open to the public, there will be no discernible change to the land use on the property.
Page#4 LucasFilm, LTD.Master Plan Amendment Resolution PC16-003 May 9, 2016 SECTION II: ACTION
NOW THEREFORE the Marin County Planning Commission hereby recommends the Board of Supervisors conditionally approve the Lucasfilm, LTD Master Plan Amendment to allow for the conversion of approximately 61,162 square feet of existing office floor area located on the Big Rock Ranch property into 57 guest units. The property is located at 3838 Lucas Valley Road, Nicasio. Assessor's Parcels 164-310-01 and -02.
SECTION Ill: CONDITIONS OF APPROVAL
Community Development Agency- Planning Division
1. This Master Plan Amendment approval authorizes the conversion of 61,162 square feet of Big Rock Ranch's existing office floor area into 57 guest units. In addition to the conversion of office space to guest units, the remodel project entails upgrades to the existing food facilities, expansion of the existing general store, the creation of additional meeting areas, and the elimination of the childcare portion of the fitness/childcare building and conversion of the floor area to a spa and expanded fitness facility. The total building area, excluding the underground parking garage, is 178,690 square feet. When combined, the total building area that will be remodeled is 76,556 square feet. No additional building area will be constructed as part of the project and no exterior changes will occur to the buildings or site improvements. This approval changes no other conditions of approval associated with the Lucasfilm, LTD Master Plan (Ordinance 3237). The following portion of the Master Plan is modified: Exhibit 3, Condition of Approval Number 64.
The total maximum on-site population on both Grady and Big Rock Ranch shall .not .exceed an aggregate of 640 employees and overnight guests. Specifically, in applying this on-site population limit, up to 340 employees and overnight guests on Grady Ranch and up to 300 employees and overnight guests on Big Rock Ranch are permitted. As use herein, "employees" means all employees of Lucasfilm the Property Owner, such as office employees for digital film production and contracted employees for various services (e.g. restaurant and landscaping services). "Overnight guests" means the total number of guest units pro'lided on Grady Ranch for clients or guests of Lucasfilm the Property Owner that stay overnight in guest units. All other persons, including guests (as opposed to overnight guests) or visitors, clients, vendors, and delivery personnel, are not included in on-site population counts. On-site population limitations shall be monitored by reference to company records respecting the total number of employees and overnight guests on site qn a daily basis. This information shall be compiled quarterly to provide an accurate profile of the daily site occupancy during the quarter. Fluctuations in the daily on-site population limits for both ranches may be permitted as long as the fluctuations are not significant and the average daily populations during the quarter do not exceed 340 employees and overnight guests on Grady Ranch and 300 employees and overnight guests on Big Rock Ranch. At the request of the County, the Property Owner Applicant shalf provide a quarterly report to the County of these monitoring records. The first Precise Development Plan application shalf describe the nature of special events that may be held at either the Grady Ranch or Big Rock Ranch facilities, including the purpose, frequency, size, and timing.
Page#5 LucasFilm, LTD.M aster Plan Amendment Resolution PC 16-003 May 9, 2016 2. All references to Lucasfilm, LTD as the property owner in the Lucasfilm, LTO Master Plan shall be interpreted as Property Owner from this point forward.
3. Plans submitted for a Building Permit shall substantially conform to the plans identified as "Exhibit A," entitled "Big Rock Remodel", consisting of five sheets prepared by BAR Architects, received on March 23, 2016, and on file with the Marin County Community Development Agency, except as modified by the conditions listed herein.
4. The project shall conform to the Planning Division's "Uniformly Applied Standards 2016" with respect to all of the standard conditions of approval.
Marin County Department of Environmental Health
5. The regulatory oversight of the project is the responsibility of the State Water Resources Control Board, with the Division of Drinking Water serving as technical advisor to the Regional Water Board for all water recycling projects. BEFORE ISSUANCE OF A BUILDING PERMIT, a copy of written approval of the project by the Regional Water Control Board is required. 6. PRIOR TO ISSUANCE OF A BUILDING PERMIT for construction of a graywater/blackwater system, a copy of written approval of the system by the State Water Resources Control Board is required.
SECTION VI: ADOPTION
ADOPTED at a regular meeting of the Planning Commission of the County of Marin, State of. California, on the gth day of May 2016:
AYES: MARGOT BIEHLE; KATHERINE CRECELIUS; DON DICKENSON; JOHN ELLER; WADE HOLLAND; DAVID PAOLI; PETER THERAN.
NOES: NONE
ABSENT: NONE
PETER THERAN, CHAIR MARIN COUNTY PLANNING COMMISSION
Attest:
Ana Hilda Mostmr==" 1 I ._ Planning Commission Secretary
Page #6 LucasFilm, LTD.Master Plan Amendment 'Resolution PC 16-003 May 9, 2016 .. . 3838 Lucas Valley Rd- Google Maps Page 1 of2
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;:;_;..~- ,- ... . --;, ' . ,..,..,.v~~~ •iic·.. Lucoo V.:Ji ~ V11lley-!Aillinwood ')-t. ~ ... . ·r~ . ·.. '. - ~~=- HorlhrtA. ·- G> ~fores t knoll:i ·: _._.. torn• Aft• OptnSpacrp,,.,., •.. '\· CJmp TlR'niJ11'1tho. •~collllCil, ..y . • ~ ... C.sudt C.nyo<~Cipon SptctPtt~fM c.w._,o' : ~~.t,. , " . san Rafael - . -. _:--~-St .:. Map data ©2016 Google 1 mi L----- = - --1 3838 Lucas Valley Rd Nicasio, CA 94946 BOS ATTACHMENT #3 https://www .google.com/maps/place/3 83 8+Lucas +Va lley+Rd, +Nicasio, +CA+9 4946/@3 8.... 4118/2016 March 18, 2016 Ms. Jocelyn Drake County of Marin Community Development Agency 3501 Civic Center Drive, Suite 308 San Rafael, CA 94903 Dear Ms. Drake, Herewith is our updated request on changes we are seeking in conjunction with an interior remodel at Big Rock Ranch, 383.8 Lucas Valley Road, Nicasio, CA 94946. We are not seeking any on-site employee housing, nor are we seeking to modify anything on the exterior or in the existing conditions of approval for the master plan. The only change we are undertaking is a minor one in use - the conversion of some of the office space to 57 guest units for overnight lodging for clients. This will result in less overall traffic and no changes in parking, water use or septic capacity. The existing Ordinance 3237 originally referenced "Lucasfilm Ltd." as the owner. I represent the current property owner, Skywalker Properties Ltd. LLC. Lucasfilm Ltd. is now owned by Disney and has no ownership in the properties. The bold-faced and underlined wording below describes the minor change we request in the wording of the ordinance. BOS Ordinance 3237 (Big Rock Master Plan and Use Permit) Section I: General Findings 1. WHEREAS, Skywalker Properties Ltd. LLC (hereinafter, "Property Owner"), submitted applications for Master Plan and Use Permit approval proposing to construct two separate office building complexes, including a facility for digital film production and related uses on Grady Ranch and a facility or development of interactive multimedia products and related uses on Big Rock Ranch (collectively, the "Proposed Project"). The Grady Ranch complex would contain approximately 456,000 square feet of floor area for 340 employees and overnight guests, while the Big Rock Ranch complex would contain approximately 184,700 square feet of floor area for up to 300 employees and clients including a maximum of 57 guest units for overnight guests working at Big Rock Ranch. The proposed P.O. Box 10877, San Rafael, California 94912-0228 BOS ATTACHMENT #4 Ms. Jocelyn Drake January 20, 2016 Page Two development area on both ranches would constitute only 5% of the entire acreage of these ranches. The remaining 95%, or 2,048 acres, would be permanently preserved as open space under a combination of an agricultural conservation easement with public trail access, public open space, and private open space. Also included in the Property Owner application are the McGuire and Lorna Alta Ranches. Both of these ranches, which contain a total of 1,235 acres located across Lucas Valley Road from Big Rock Ranch, would be permanently preserved under an agricultural conservation easement with public trail access. No development is proposed on either one of these ranches. Overall, the Proposed Project would entail approximately 640,800 square feet of total floor area for a total of 640 persons in two separate office-building complexes on Grady and Big Rock Ranches. Development would be contained within a total area of 108 acres and a total of 3,283 acres would be permanently preserved as open space, including 95% of Grady and Big Rock Ranches and 100% of McGuire and Lorna Alta Ranches. Grady, Big Rock, McGuire and Lorna Alta Ranches are identified as Assessor's Parcel Numbers 164-310-01,-02,-07,-1-,-11,-11,-12, -13; 164- 320-01, -02, and -03. Exhibit 3 Condition 64. The total maximum on-site population on both Grady and Big Rock Ranch shall not exceed an aggregate of 640 employees and overnight guests. Specifically, in applying this on-site population limit, up to 340 employees and overnight guests on Grady Ranch and up to 300 employees and overnight guests on Big Rock Ranch are permitted. As used herein, "employees" means all employees of the Applicant, such as office employees for digital film production and contracted employees for various services (e.g. restaurant and landscaping services). "Overnight guests" means the total number of clients or guests of Property Owner that stay overnight in guest units. All other persons, including guests (as opposed to overnight guests) or visitors, clients, vendors, and delivery personnel, are not included in on-site population counts. On site population limitations shall be monitored by reference to company records respecting the total number of employees and overnight guests on site on a daily basis. This information shall be compiled quarterly to provide an accurate profile of the daily site occupancy during the quarter. Fluctuations in the daily on-site population limits for both ranches may be permitted as long as the fluctuations are not significant and the average daily populations during the quarter do not exceed 340 employees and overnight guests on Grady Ranch and 300 employees and overnight guests on Big Rock Ranch. At the request of the County, the Applicant shall provide a quarterly report to the County of these monitoring records. The first Precise Development Plan application shall describe the nature of special events that may be held at either the Grady Ranch or Big Rock Ranch facilities, including the purpose, frequency, size, and timing. Resolution PC00-006 Ms. Jocelyn Drake { January 20, 2016 Page Three 1. WHEREAS, the Marin County Planning Collllilission does hereby find and declare the following: Property Owner has filed a Precise Development Plan ("Big Rock Ranch PDP") application that covers the Big Rock Ranch portion of the Property Owner Master Plan and Use Permit project ("Lucasfilm Master Plan") that was approved by the Board of Supervisors on October 29, 1996 (Ordinance 3237 and Resolution 96-151). Consistent with the Property Owner Master Plan, the Big Rock Ranch PDP is to constmct an office building complex on the 1,117 acre Big Rock Ranch. The complex would contain 184,694 square feet of floor area, including 57 guest units, for a maximum of 300 employees and overnight guests. The proposed 56-acre development area would constitute only 5% of the entire acreage of the ranch. The remaining 95%, or 2,048 acres, would be permanently preserved as open space under a combination of an agricultural conservation easement with dedicated public trail access. Also included in the application are McGuire and Lorna Alta Ranches. Both of these ranches, which contain a total of 1,235 acres located across Lucas Valley Road from Big Rock Ranch, would be permanently preserved under an agricultural conservation easement with dedicated public trail access. No development is proposed on either one of these ranches. The subject property is located at 3838 Lucas Valley Road, Nicasio, and is further identified as Assessor's Parcels 164-319-01 and -02; 164-320-01; -02, and -03. Thank you for your consideration. t, Skywalker Properties Ltd. LLC as Real Estate Holdings Ltd. LLC REMODELED AREA SUMMARY Existing Built Area Summary Change Of Activity NSF Percent of Floor or Buil ding Percent ofTotal Existing Garage 132,088 0 0.00% Main Office Building First Floor 67,601 29,293 43.33% 9.25% Area coverted from Office to Guest Accomodations 17,619 26.06% 5.56% Area converted from Office to Gallery 6,038 8.93% 1.91% Area converted from Office to Banquet 3,510 5.19% 1.11% Area converted from Office t o Store 856 1.27% 0.27% Area converted from Office to Support Functions 1,270 1.88% 0.40% Main Office Building Second Floor 55,070 41,679 75.68% 13.16% Area coverted from Office to Guest Accomodations 37,875 68.78% 11.96% Area coverted from Office to Meeting Rooms 2,405 4.37% 0.76% Area converted from Office to Support Functions 1,399 2.54% 0.44% Main Office Building Mezzanine 1,242 1,242 100.00% 0.39% Area coverted from Office to Guest Accomodations 1,242 100.00% 0.39% Commons 19,102 0 0.00% 0.00% Fitness 10,018 4,342 43.34% 1.37% Area converted from Child Care to Spa 3,430 34.24% 1.08% Area converted from Fitness to lobby 912 9.10% 0.29% Archive 31,379 0 0.00% 0.00% Gate House 260 0 0.00% 0.00% TOTAL5!TE 316,760 76,556 24.17% tn 0 (/) ~ -1 )> 0 s:~ mz -1 ;a: c.n 26 Ned's Way Tiburon, California 94920 ~ (obert I.. harrison Tel 415435-2871 [email protected] Transportation Planning and Project Management March 12, 2016 Mr. John Wynne, Architect Director, Real Estate Operations and Projects Skywalker Properties, Ltd. Nicasio, CA 94946 Dear Mr. Wynne: This is an update of the analysis of the trips that would be generated by the proposed remodel of the Big Rock Ranch. This update analysis is intended to be consistent with the definition of proposed uses as approved by the Marin County planning staff. The remodel trips are compared with the trip generation as estimated for the Big Rock Ranch in the Grady Ranch/Big Rock Ranch Master Plan FEIR dated June 1996. Summary ' As shown in the table below, the Big Rock Remodel is projected to generate 432 daily trips, 79 AM peak hour trips and 49 PM peak hour trips. When compared to the historically fluctuating occupancy that is consistent with Big Rock Master Plan as approved in 1996, the proposed remodel project would generate 405 fewer daily trips, 53 fewer AM peak hour trips and 26 fewer PM peak hour trips. Occupancy Estimates The trip generation estimate for the Big Rock Ranch Remodel, as shown below, is based on the Occupancy Estimates from the following table. Occupancy Estimates Big Rock Ranch Remodel Event Type % Persons Weeks/ Annual and Staff Rooms Occupancy /Room Persons Days Year Person Total Overnight 57 75% 1.2 51 7 52 18,673 Employees N/A 0% N/A 249 7 52 90,636 Plus Clients Totals/Averages 57 75% 251 - 300 7 52 109,309 Source: Big Rock Ranch Planning Team. BOS ATTACHMENT #6 Summary Trip Generation Report to Mr. John Wynne March 12, 2016 -- Page Two Trip Generation Estimates Trip Generation Estimates Big Rock Ranch Remodel 2 2 Persons Daily Average AM PkHr . PM Pk Hr Per Day Persons Carpool Trip Trips % % Event Type Assume 5 day stay Rate Rate' per Day Dally Trips Dally Trips Overnight 51 10 1.2 N/A 17 75% 13 70% 12 Employees 249 249 1.2 N/A 415 15.8% 66 9.0% 37 Plus Clients Total Trips 432 79 49 Notes: 1- Daily and Peak Hour trip rates for staff from Grady Ranch/Big Rock Ranch Master Plan FEIR, June 1996. Table 5.7-4, page 5.7-13. Includes staff trips, visitors and deliveries. 2- Assumes 75% of overnight guests arrive in the 7am to 9am morning peak period and 70% depart In the 4pm to 6pm late afternoon peak hour; and that 15.8% staff and client trips begin in the morning peak hour and 9% end in the late afternoon peak traffic hour. Source: Robert L. Harrison Transportation Planning. ' The trip rates developed for the Big Rock Ranch in 1996 were based on counts of trips at Skywalker Ranch and converted to trips per employee present on the days trips were counted. The trips included all staff, visitors and deliveries. Trip Generation Estimates Big Rock Ranch - FEIR June 1996 1 Dally Trip AM PkHr' PM Pk Hr Rate per Average % % Number of Employees Employee' Trips per Day Daily Trips Daily Trips 300 2.79 837 15.8% 132 9.0% 75 Total Trips 837 132 75 Note: 1- Daily and Peak Hour trip rates for staff from Grady Ranch/Big Rock Ranch Master Plan FEIR, June 1996. Table 5.7-4, page 5.7-13.1ncludes staff trips, visitors and deliveries. Source: Grady Ranch/Big Rock Ranch Master Plan FEIR,June 1996. Table 5.7-4, page 5.7-13. Please let me know if there are any questions on the above trip generation analysis. Robert L Harrison Big Rock Remodel Trip Generation Update March 12, 2016 As shown in the spreadsheet below, the Big Rock Remodel is projected to generate trips as follows: Daily trips 432 AM Peak Trips 79 PM Peak Hour trips. 49 When compared to the Big Rock Ranch 1996 FEIR analysis the proposed remodel would genererate: Fewer Daily trips 405 Fewer AM Pk Hour 53 trips, and Fewer PM peak hour trips 26 Occupancy Estimates Big Rock Remodel Total Rooms %occupancy Persons per room Persons Days Weeks per year Person Total Overnight events 57 75% 1.2 51 7 52 18,673 Employees+ Clients N/A 0% N/A 249 7 52 90,636 5T 75% 251 300 7 52 109,309 Trip Generation Estimates Big Rock Remodel Carpool Rate Daily Average AM Peak Hour' PM Peak Hour' Persons Persons per Day Person per Vehicle Trip Rate' Trips/Day %of Daily Trips %of Daily Trips Overnight Events Assume 5 Day Average Stay 51 10 1.2 N/A 17 75.0% 13 70.0% 12 Employees Plus 249 249 1.2 N/A 415 15.8% 66 9.0% 37 Clients Total Trips 432 79 49 Big Rock Ranch - FEIR June 19961 Employees 300 2.79 837 15.8% 132 9.0% 75 Total Trips 837 132 75 Note 1: Trips rates for Staff from FEIR Grady Ranch/Big Rock Ranch Master Plan, June 1996. Table 5.7-4, page 5.7-13. Includes staff trips, visitors and deliveries. Note 2: Assumes 75% of overnight guests arrive in the ?am to 9am peak hour and 70% depart in the 4pm to 6pm peak hour. Assumes 15.8% of staff and client trips occur in the ?am to 9am peak hour and 9% in the 4pm to 6pm peak traffic hours. Prepared by Robert l. Harrison Transportation Planning March 12, 2016 Civil, Environmental Et Water Resources March 22, 2016 · ENGIN EE RING COR.P. Mr. Jock Smith, R.E.H.S. Environmental Health Services County ofMarin Civic Center, Room 236 San Rafael, CA 94903 Subject: Big Rock Ranch - Proposed Remodel Follow-up Dear Jock: This letter is a follow-up to my previous letter of January 13, 2016 and the meeting held with Environmental Health Services (EHS) on February 25th regarding the water and wastewater aspects of the proposed building remodel project at Big Rock Ranch. Attached and discussed below are the follow-up items requested at the meeting. The meeting with EHS was attended by you, Rebecca Ng, Armando Alegria, Lou Bouc. (Big Rock) and me. We discussed in more detail the proposed plans to convert building space and activities at Big Rock Ranch fi:om current offices to include overnight accommodations for invited groups and individuals. We also reviewed how the proposed changes would impact water use and wastewater generation at the facility, the need for flows to remain within the approved capacity of the existing wastewater disposal system (8,700 gpd), and plans to incorporate water recycling, which will require the wastewater system permitting to be transferred from EHS to the Regional Water Board. The outcome of the meeting was a request from EHS that: (a) Big Rock contact and review the wastewater and water system issues with the S.F. Bay Regional Water Board and the Division of Drinking Water to obtain their concurrence on the basic feasibility of the proposal and applicable requirements; and (b) provide a copy of the back-up calculations by Blum. Engineering. (building/plumbing consultants) referenced in my January 13 t~ letter. These items are addressed below. San Francisco Bay Regional Water Board On March 14, 2016, a meeting was held at Questa Engineering offices with Blair Allen of the S.F·. Bay Regional Water Board. In attendance representing Big Rock Ranch were John Wynne, Lou Bouc, and Norman Hantzsche (wastewater engineering consultant). The following summarizes the key points of discussion at the meeting: • Description and review of the existing buildings and onsite wastewater treatment and disposal system at Big Rock, including a copy of the January 13th letter. • Proposed changes to the main office building and day care/fitness center, including: (a) installation of the newest available low-flow fixtures; (b) conversion to dual plumbing to allow use of recycled water for toilet flushing in these two buildings; (c) plumbing changes to allow use of recycled water for exterior landscape irrigation; and (d) no changes to building sizes or footprint. Box 70356, 1220 Brickyard Cove Rd. Suite 206 Pt. Richmond, CA 9_4807 T: 510/236.6114 F: 510/236.2423 E: [email protected] BOS ATTACHMENT #7 Page 2 of3 Mr. Smith March 22,2016 • Intended occupancy and activities, established limitations on the number of people allowed at Big Rock on a daily basis, and likely day-to-day variations in activities and wastewater generation. • Conversion of the existing wastewater facilities to a Title 22-compliant water recycling operation, including: (a) maintaining the existing septic tanks, effluent collection system, sand filter and dual leachfield system; (b) adding a tertiary filtration and disinfection process to treat a portion ofthe sand filter effluent flow to meet "disinfected tertiary recycled water" standards; (c) incorporation of additional storage and flow-equalization tank( s), and other equipment and controls as necessary to meet to Title 22 provisions for emergencies, redundancies, and system monitoring. • Transitioning the regulatory oversight from Main County EHS to the Regional Water Board, with next steps being: (a) preparation of an Engineering Report (per Title 22) addressing the water recycling system, 1 to be submitted to and reviewed by Division of Drinking Water Program (DDW); and (b) preparation and submission of a Report of Waste Discharge to the Regional Water Board. The DDW serves as technical advisor to the Regional Water Board for all water recycling projects. Division of Drinking Water Program On March 17, 2016, a conference call was held with staff of the Division of Drinking Water to review the water and wastewater recycling aspects of the proposed Big Rock Remodel project. Participating in the conference call were Lou Bouc (Big Rock) and two individuals from DDW: (1) Janis Thomas, Sr. Sanitary Engineer, Sonoma District; and (2) Sherly Rosilela, Water Resources Control Engineer,' Recycled Water Unit. Emails (dated March lih and March 18th) from Ms. Rosilela and Ms. Thomas summarizing their comments and input regarding applicable water recycling and drinking water requirements are provided in Attachment A. Backup Information from Blum Engineering As requested, water flow calculations and reference data provided by Blum Engineering for existing and proposed plumbing fixtures and water use activities at Big Rock are provided in Attachment B. The calculations have a current (March 2016) date, as we r~quested that minor modifications be made to their flow chart to correct certain te~inology and clarify the sewage and recycled water flow path consistent with the plans fOr wastewater facility upgrades. Page 3 of3 Mr. Smith March 22, 2016 We trust this is the information you require at this time. Please let us know if you have questions or if anything else is needed for your review. Sincerely, ~~· ~~ Nmman N. Hantzsche, P.E. Principal/Managing Engineer xc: Lou Bouc, Skywalker Properties Blair Allen, S.F. Bay Regional Water Board 23012l_Big Rock Remodel Project EHS Follow-up Attachment A · Division of Drinking Water Program March 17 and 18,2016 Comments (emails) Norman Hantzsche From: Louis Bouc [[email protected]] Sent: Friday, March 18, 2016 6:47PM To: John Wynne; Norman Hantzsche Subject: Fwd: Skywalker Ranch Recycled Water Project Here is regional 's letter. We need to move forward as soon as possible. Thank you Sent from Louis Bouc Begin forwarded message: From: "Thomas, Janice@Waterboards" Lou, Thanks for the discussion yesterday regarding the project at Skywalker Ranch. In addition to the elements that Sherly describes in her email below, on the drinking water side: 1. Piping will have to comply with the separation standards contained in Title 22 §64572. Water Main Separation. 2. The water system will have to ensure no cross-connections between the domestic water system and the recycled water system. Title 17 §7583-§7605, inclusive. 3. Irrigation of recycled water must meet the offset distances described in Title 22 §60310 4. Section 13554.2 of the California Water Code provides for the SWRCB to recover its costs of conducting project reviews. I am also copying Marianne Watada of my staff who is assigned to Skywalker Ranch for drinking water issues in case she has anything to add. Thanks, Janice Janice Thomas~ P .E. Senior Sanitary Engineer Water Rcsuurres Control Board DiYision of Drinldng Water Sonoma Djshict 50 D Streett Room 200 Santa Rosa. CA 95404 (707) 576-2006 Fax: 576~2722 c-mnil: [email protected] 1 .----.----~, Save···.·. Ourflll Wat.e.f'' From: Rosilela, Sherly@Waterboards Sent: Thursday, March 17, 2016 11:35 AM To: Thomas, Janice@Waterboards Cc: Barnard, Randy@Waterboards Subject: Follow up Conversation with Lou Bouc (Skywalker Ranch) Hi Janice, From our call, the proposed facility is a remodeling of existing facility to add about 57 new guestrooms. Additional treatment is proposed to an existing 8,700 gpd septic tank/leach field wastewater treatment system to produce recycled water. The proposed use of recycled water is toilet flushing (dual plumb) and landscape irrigation. The treatment system will need to produce disinfected tertiary recycled water based on the proposed uses. The facility currently has a waste discharge requirement through San Francisco Regional Water Board issued in 2001. Approval for title 22 engineering report (recycled water project component) will be coordinated with the Regional Water Board staff. As discussed this morning in our phone conversation with Lou, these items for recycled water project component would be a good place to start: 1. Preparation of a Title 22 Engineering Report. Guidelines for preparation of the title 22 engineering report is posted here: http:ljwww.waterboards.ca.gov/drinking water/certlic/drinkingwater/documents/recharge/ER GUIDE200l.pdf. It would be best to follow the suggested outline for the report. The report preparer can simply indicate the portions not applicable for the project (for example, section 4.4 groundwater recharge). 2. Dual plumbing use (toilet flushing) should be described in the report (see section 4.5 of guidance). A separation test must be performed prior to the initial operation of the dual plumbed facility and every 4 years. 3. The facility must be protected from cross connection. See Title 17 for cross-connection control requirements, including implementation of a cross-connection control program. 4. Recycled water and potable lines need to maintain a minimum separation (title 22 section 64572). Please feel free to add if there is anything I missed. Thanks, Sherly Sherly Rosilela, P.E. I Water Resource Control Engineer Recycled Water Unit State Water Resources Control Board I Division of Drinking Water 1 1001 "I" Street, 13 h Floor I Sacramento, CA 95814 if: (916) 341-5578 2 Attachment B Blum Engineering Water Requirement Calculations and Flow Chart Big Rock Remodel Blum Consulting Engineers Water Requirement Calculations Project No. 15-044 March 14, 2016 ENGINEERED ENGINEERED San'italy s-or & (EJ Sand Sanitary Sewer & (E) Sot~d PotabC. WaMr Sourc• Pocable Wat•r Sourc-e WATER USE DIAGRAM F liter Treatment WATER USE DIAGRAM FiherTreatrnent I FOR RENOVATED BUILDINGS I I FOR EXISTING'BUILDINGS 4,247 GPO I 4,0$5 GPO 3,823 GPO I l,631 I GPO People In Client Aceommodadons I 57 Rooms (42.75 Occ:uoled, 12 People/Room) I I Tonets: 142 - - - ~ ------I I KJtchen$ 715 ------+! Showers 1,710 Faucets 18 Other People On SUe People On Site I 300 People On Site Le" 51.3 Pecple In Cdent Acco modations 300 People On Sfte I Toilets 828 I ToUets 2,340 I ------1------~ ------~ I I Urinals 155 Urinals 600 ------+'I ------+'I I I Kitd1ens 945 Kitchens 500 ------f------~ ------~ I I Showers 497 Showers 0 I ------~ Faucets 105 Fa~b: 127 ------·: I ~sting Fountlins Existing Fountaine. Potable Water Uce 256 Potable Water Use 256 ' I Evap.&Waate 192 __j Evap. & Waste 192 __j J I I Grey Water Out To Sewer 64 64 ------~ I 1,269 GPO 2,3S$ GPO I 1,125 GPO I Tile 22 Tertrwy T...... ,..at -----_I_--- _'t ~nee To Irrigation Big Rock Remodel Blum Consulting Engineers W ater Requirement Calculations Project No. 15-044 March 18, 2016 ENGINEERED WATER USE FOR EXISTING FACILITY Estimate Of Water Used By People On Site: Number Of People On The Site 300 Use Number Of Units Number Of Units Gallons Per Day Percent Of Gallons/Day Percent To Direct To Units Per Person Per Day Per Person People Using Used Sewer Sewer (Gal/Day) Toilets 3.00 Gal/Flush 2.60 Flushes/Day 7.8 100% 2,340 100% 2,340 Urinals 1.60 Gal/Flush 1.25 Flushes/Day 2.0 100% 600 100% 600 Faucets 0.11 Gal/Minute 3. 85 Minutes/Day 0.4 100% 127 100% 127 Kitchens 10.10 Gal/Meal 0.33 Meals/Day 3.3 50% 500 100% 500 Total Water Used By People 3,567 100% 3,567 Water Used For Fountains (See below) 256 25% 64 Total Potable Water Used For The Site 3,823 95% 3,631 Estimate Of Water Used By Fountains: There are two fountains, each approximately 8' x 16'. Water use for evaporation, drift and maintenance is estimated to be 4 times that of a typical swimming pool. Fountain Area 256 Sf (2 X 8' X 16') Gallons/Day/Sf 1.00 ( 4 x 0.25 gallons/sf for a swimming pool) Water Use Per Day 256 Gal/Day Percent To Sewer 25% (For cleaning & maintaining water chemistry) Water To Sewer 64 Gal/ Day NOTES: 1. Water use factors are based on a paper prepared by Pacific Institute for Studies in Development, Environment, and Security dated November 2003, Appendix E. Note that the water use of existing fixtures is more than current regulations for new or renovated facilities. Big Rock Remodel Blum Consulting Engineers Water Requirement Calculations Project No. 15-044 March 18, 2016 ENGINEERED WATER USE FOR RENOVATED FACILITY Estimate Of Water Used By People While In Client Accommodations: Number Of Client Accommodation Rooms 57 Occupied Rooms= 42.75 Occupancy Rate 75% Use Number Of Units Number Of Units Gallons Per Day Gallons Per Potable Water Grey Water Percent Grey Grey Water Direct To Units Per Room Per Day Per Room Day For 42.75 Use Use Water Collection Sewer Rooms (Gal/Day) (Gal/Day) Collection (Gal/Day) (Gal/Day) Showers 2.50 Gal/Minute 16.00 Minutes/Day 40.0 1,710 1.710 90% 1,539 171 Toilets 1.28 Gal/Flush 2.60 Flushes/Day 3.3 142 142 0% 0 142 Faucets 0.11 Gal/Minute 3.85 Minutes/Day 0.4 18 18 90% 16 2 Kitchens 7.60 Gal/Meal 2.20 Meals/Dajl_ 16.7 715 715 0% 0 715 Totals For Client Accommodations 60.5 2,585 2,443 142 60% 1,555 1 030 Estimate Of Water Used By People On Site In Addition To Those In Client Accommodations: Maximum Number Of People On The Site 300 Number Of People Included In The Client Accommodations Calculations 51 .3 <- (42.75 Occupied rooms x 1.2 average people per room= 51.3 people) Number 0( People On Site In Addition To Those In Client Accommodations 248.7 Use Number Of Units Number Of Units Gallons Per Day Percent Of Gallons/Day Potable Water Grey Water Percent Grey Grey Water Direct To Units Per Person Per Day Per Person People Using Used Use Use Water Collection Sewer (Gal/Day) (Gal/Day) Collection (Gal/Day) (Gal/Day) Toilets 1.28 Gal/Flush 2.60 Flushes/Day 3.3 100% 828 828 0% 0 828 Urinals 0.50 Gal/Flush 1.25 Flushes/Day 0.6 100% 155 155 0% 0 155 Faucets 0.11 Gal/Minute 3.85 MinutesfDav 0.4 100% 105 105 90% 95 11 Showers (In Fitness) 2.50 Gal/Minute 8.00 MinutesfDay 20.0 10% 497 497 90% 448 50 Kitchens 7.60 Gal/Meal 1.00 Meals/Day 7.6 50% 945 945 0% 0 945 Total Water Used By People On Site In Addition To Those In Client Accommodations 2,531 1,548 983 21% 542 1,988 Estimate Of Water Used By Existing Fountains: Gallons/Day Potable Water Grey Water Percent Grey Grey Water Evaporation & Direct To Used Use Use Water Collection Waste Sewer (Gal/Day) (Gal/Day) Collection (Gal/Day) (Gal/Day) (Gal/Day) Existing Fountains Same as existing estimate 256 256 0 25% 64 192 0 Summary For Renovated Facility: Gallons/Day Potable Water Grey Water Percent Grey Grey Water Direct To Used Use Use Water Collection Sewer (Gal/Day) (Gal/Day) Collection (Gal/Day) (Gal/Day) Water Used By Client Accommodations 2,585 2,443 142 60% 1,555 1,030 Water used By People On Site In Addition To Those In Client Accommodations 2,531 1,548 983 21% 542 1,988 Water Used For Existing Fountains 256 256 0 25% 64 192 Total Potable Water Used For The Site 5,372 4247 1125 40% 2,162 3,210 NOTES: 1. Water use factors are based on a paper prepared by Pacific Institute for Studies In Development, Environment, and Security dated November 2003, Appendix E. Water use rates for showers, toilets and urinals i s based on t he current requirements of the California Energy Commission Appliance Efficiency Regulations dated April2015. Big Rock Remodel Blum Consulting Engineers Water Requirement Calculations Project No. 15-044 FACILITY AREAS IN SQUARE FEET March 18, 2016 Based on the Architectural Design Program dated 7/30/2015. Main Building: Client Accommodations 47,030 <- ( 57 Rooms, 825 Sf/Room ) Support 2,822 Public 10,308 Food & Beverage (In Public) 0 Meeting & Banquet 13,567 Retail 5,894 Back Of House 8,972 MEP & Special Systems 4.149 Circulation 31,630 Total (Main Building) 124,372 (Less Guestrooms) 77,342 Fitness 8,567 <-- Deleted 912 sf designated as "Spa Area" Commons Building 19,090 Main Bldg + Fitness + Commons 152,029 (Less Guestrooms) 104,999 Parking 268 Garage 8,339 Big Rock Remodel Blum Consulting Engineers Water Requirement Calculations Project No. 15-044 March 18, 2016 TablcE-5 Tnble t -! Modeled Water tlit' In llotrl$ 12000} l\111tM~d Watrr llsl' in Office ltvildin •s P'"""' T)'Pitwl U~riOccupicd ltOC)miDa ,. Uuit Rat~ Number ~I odcll'd \\'atH GEo-deri~'fd CED· :nd 11 ~ • u~.u:r-:ur rc;F.m P.i~oa~un:etu• n1 Nunlht"r uf Wartr U~• dtriwd lise f••ilcr,. U11it 'R:&trllJnit Unit• ll!lolid:tv~ h!llllclav) Em"ltwcxusc tmf •.no 2.60 tlu~lu,.·w•~ 7.S Show~rs 11:aliminutc 22 H>.tl JS.~ \'isitar u~ l.!flf .HlO II. i ~ !hi Estf~te or l'()tl~lllilll SaVings To read the entire report go to: By applying tile con~crvarion pnrcntial calcul:ltcd in ahc end usc studies (sec http://pacinst.org/publicatlonlwaste-not-want-not/ Appc.ndix 0) Ia otar GED-dcri, ,cd estimate~ ·o-f \l' nlcr usc.. we: cstinwlcd pot~:nlial water savings (shown in "fable 1:-oJ. Date: April 8, 2016 To: Jocelyn Drake From: Bob Goralka Big Rock Ranch Remodel- Traffic Memo dated March 12, 2016 DPW Transportation staff reviewed the revised project description memo dated March 18, 2016 and traffic memo dated March 12, 2016. We do not have any comments on the March 18, 2016 project description memo. Our comments on and March 12 traffic memo are as follows: • On page 2 in the trip generation spread sheet, the "daily trip rates" for the proposed project uses are not specified. Based upon the specified average trips per day for each use, the assumed trip rate for both overnight events and employees plus clients uses is 1.7 trips per person. • The 1.7 trips per person rate are reasonable for the overnight guests who are not commuting back and for each day. • It should be noted that an occupancy rate of 1.2 persons per room was identified. This would result in 69 persons when the rooms are fully occupied. Although this would only occur 25% of the time, when the rooms are fully occupied the number of additional employees and clients that can be working on site would be limited to 231 persons so as not to exceed the 300 employees and client limit specified in the project description. • The trip rate of 1.7 for employees plus clients, however, is too low since these employees and clients do not stay onsite and commute back and · forth each day. The trip rate of 2.79 that was used in the original EIR should be used. • If the 2.79 trip rate is used for the employees plus client use, then on average the number of trips generated for this proposed project use would be 695 trips and the total trips generated by the proposed project.is estimated to be 712 trips. BOS ATTACHMENT #8 • Although the above estimated 712 total trips generated by the proposed project is substantially more the 432 identified in the March 12, 2016 traffic memo, is 125 trips less than that identified in the June 1996 Big Rock Ranch FEIR. This is because the conversion of office space to guest quarters allows a portion of the employees and clients to live and work on site (and avoiding a work commute each way) and the total number of employees and clients is still capped at 300. • The number of peak hour trips is 9% of the daily trips generated for the employee and clients (approximately 63 peak hour trips) plus those overnight guests that would leave during the peak hour on that day. On most days this would not be minimal. From comparison with a business hotel, approximately 10% of the trips would leave during the peak hour, for an additional 6 peak hour trips. The total peak hour trips are estimated to be 69 which is less than the 75 peak hour trips identified in the June 1996 Big Rock Ranch FEIR. • It should be noted that that usage of the guest rooms and number of employees commuting to and from the site is anticipated to vary, but to be capped at 300. If no guest rooms and overnight stays were occurring, then all the employees and clients would commute from off sight and the daily trips would be 834 trips which would be the same as that currently generated with the current project as identified in the June 1996 Big Rock Ranch FEIR. • Although it is estimated that the number of daily and peak hour trips generated by the proposed big Rock Ranch remodel is substantially more than the trips specified in the March 12, we estimate them to be less than the number of daily and peak hour trips identified in the June 1996 Big Rock Ranch FEIR. • We agree with the overall conclusion that that proposed project would generate fewer daily and PM peak hour trips than those generated by the current use as identified in the June 1996 Big Rock Ranch FEIR. If you have any questions, or need any additional information, please give me a call as (4150 473-3076 Cc: Berenice Davidson Eric Steger Tom Lai Jeremy Tejirian INTERDEPARTMENTAL TRANSMITTAL . MARIN COUNTY ENVIRONMENTAL HEALTH SERVICES ROOM 236, 415-473-6907 DATE: April 7, 2016 TYPE OF DOCUMENT TO: Jocelyn Drake, Senior Planner DESIGN REVIEW FROM: Jock Smith, REHS ,12:; f!Yc J5 LAND DIVISION RE: Slcywalker Properti~7',g Master Plan USE PERMIT Amendment, Project ID: 15-0363 VARIANCE AP#: 164-310-01, 02, 07, and 13 X MASTER PLAN Amendment ADDRESS: 3838 Lucas Valley Rd, COASTAL PERMIT Nicasio THIS APPLICATION HAS BEEN REVIEWED FOR THE FOLLOWING ITEMS: X WATER X SEWAGE SOLID WASTE POOLS HOUSING FOOD ESTABLISHMENT I THIS APPLICATION IS FOUND TO BE: FIND IT COMPLETE, FIND IT INCOMPLETE UNTIL THE ITEMS LISTED BELOW HAVE BEEN SUBMITTED .. X FIND IT ACCEPTABLE AS PRESENTED, WITH THE FOLLOWING CONDITIONS. RECOMMEND DENIAL FOR THE REASONS LISTED BELOW. DRINiaNG WATER The regulatory oversight ofthe proposed Big Rock project is the responsibility of the Division of Drinking Water of the State Water Resources Control Board. The Drinking ofDrinking Water will also serve as technical advisor to the Regional Water Quality Control Board (RWQCB) for all water recycling projects. A copy of the written approval must be provided to EHS. SEWAGE The proposed changes of this project are required to not cause an increase in waste water flows to the existing on-site wastewater system: Information, provided by Questa Engineering, concerning the sewage flows generated by this proposal is consistent with the current desigu of the on-site sewage disposal system. The RWQCB has not issued Waste Discharge Requirements for this 'site as the wastewater flows are under 10,000 gallons per day. This on-site wastewater system is under the jurisdiction of the Marin County Environmental Health Services Division (EHS). BOS ATTACHMENT #9 The graywater! blackwater diversion and treatment system will be reviewed and approved by EHS with R WQCB 's consultation. Please submit plans for this system as soon as possible. EHS will not approve issuance of building permits for this system until the system design is approved. RECYCLED WATER (GRAYWATER/BLACKWATER) The approval process for the Title 22 recycled water for the Big Rock project will be done by the State Water Resources Control Board and /or the Regional Water Board staff or EHS staff. Please submit a copy of the written approval to EHS prior to building permit issuance. • Piping is required to comply with the separation standards contained in Title 22 §64572. Water Main Separation. • Ensure that no cross-connections are between the domestic water system and the recycled water system. Title 17 §7583-§7605, inclusive. • Irrigation of recycled water is required to meet the offset distance described in Title 22 §60310. • Please note that Section 13554.2 of the California Water Code provides for the SWRCB to recover its cost of conducting project reviews. NICASIO DESIGN REVIEW BOARD NICASIO LAND OWNERS ASSOCIATION NICASIO, CALIFORNIA 94946 February 10, 2016 Jocelyn Drake, Planner Marin County Community Development Agency, Planning Division 3501 Civic Center Drive San Rafael, CA 94903 Re: Skywalker Properties LTD Master Plan Amendment 3838 Lucas Valley Road, Nicasio Dear Ms. Drake, The Nicasio Design Review Board appreciates the opportunity to submit comments on this application. The Nicasio community greatly values our relationship with Skywalker Properties and George Lucas, who have been laudable neighbors. In evaluating this application we must presume that, at some point. Big Rock will have a different owner, whose use of the property will be governed by the maximum activity that the Big Rock/Gray Ranch Master Plan allows. Under the present Master Plan language, the use of the Big Rock complex is primarily restricted to day-use office space. The requested Master Plan amendment would allow conversion of some existing office space to 57 lodging rooms for overnight guests. Along with the planned upgrades to the fitness center and food facilities, and conversion of additional office space to meeting rooms, we are concerned that this change could allow for, and make the space amenable to, use as a center for conferences, conventions, or retreats. We urge that the amendment be worded to prevent the potential future use of Big Rock as a full-time conference and convention center. While the proposed Master Plan language requires that guests in the 57 overnight rooms be "working at Big Rock," this phrase should be further defined so that it is clear that it would not be fulfilled by guests at a convention, or similar event, simply by their attendance at meetings or lectures. We also note that the proposed Master Plan amendment sets no limits on the number of daily guests or visitors to Big Rock who are not staying overnight. BOS ATTACHMENT #10 Under Exhibit 3, Condition 64, of the Master Plan, only employees and overnight guests would be included in the maximum daily on-site population allowance of 300 persons. While the number of "day" visitors and guests is likely to be low under the complex's current configuration as primarily office space, should the Big Rock property be altered so that it is amenable to use as a convention or conference site, under the Master Plan's current wording an owner or lessee could hold an event and include an unlimited number of "day" guests, who may be staying overnight elsewhere, in addition to the guests who are using the 57 lodging rooms. This feasible scenario could create a significant additional impact on water use, wastewater disposal, and traffic. Unless the amendment's language clearly restricts the property from being used for events such as conventions, conferences or retreats, specific limits should be placed on the numbers of "day" guests and visitors allowed at any one time. In support of this application, Skywalker Properties has submitted reports that estimate the potential effect of the requested amendment on traffic, water use, and wastewater production. All assume less than full occupancy of the 57 rooms with no explanation of how these occupancy rates were chosen. The water and wastewater reports assume 89% (51) of the rooms occupied with 1.2 people per room. The transportation report asSU(lleS 75% (42.75) of rooms occupied with 1.2 persons per room. Apart from confusing discrepancies in the estimates of assumed occupancy, these reports should be based on the assumption that the rooms would be used at maximum occupancy, even if the present owner does not intend to keep the rooms full. Nothing in the proposed Master Plan amendment would restrict a future owner of Big Rock to using the rooms at less than full occupancy, or to putting an average ofonly 1.2 persons in each one. Furthermore, we would like to see the applicant supply information as to the maximum number of guests the rooms can accommodate. Based on the projected generous size of the rooms, 825 s.f., the 1.2 persons per room assumption appears quite low. The wastewater report, submitted by Questa Engineering, demonstrates the importance of examining impacts based on all 57 rooms being in use simultaneously. Even with an assumption that only 1.2 persons will be in each room, the maximum wastewater capacity for Big Rock's septic system seems to be reached with the lodging rooms at full occupancy. Were there to be more than an average of 1.2 persons staying in each room, or if the number of day guests, employees, and overnight guests combined was more than 300, the property's septic capacity would be exceeded based on extrapolation from Table 3 of the report. The Water Use report submitted by the applicant indicates that the activities that would be allowed by this proposed amendment may result in increased demand for water and greater pumping from Big Rock wells. Overnight guests require more water for showers, additional meals and other uses than employees or guests who are in residence only during the day. The report estimates that 2,187 more gallons per day (798,255 per year) will be used with 51 rooms occupied than would be used without the overnight accommodations being added to the facility. Full occupancy of the overnight rooms would add another 363 (132,495 per year) gallons per day to that, even maintaining the assumption of only 1.2 persons in each room. With two persons per room, and all rooms occupied, an additional 2,758.8 gallons per day (1 ,006,962 per year) would be needed. If the proposed amendment were interpreted to allow conventions, or similar events, with potentially unlimited numbers of visitors or guests also in attendance, there could be even higher demands for water. We are assuming that this water would come from wells on Big Rock Ranch, which is located in the upper watershed of Nicasio Creek. Nicasio residents are not part of a municipal water system, and all must rely on wells or springs to supply water to their households. Nicasio Creek is undoubtedly the single most significant source of groundwater for Nicasio residents as up to 65 properties along Lucas Valley Road rely on wells that are influenced by this creek. According to the 1996 Final Environmental Impact Report on the Lucasfilm Ltd. Grady Ranch/Big Rock Master Plan, flow to the creek has been permanently diminished by six percent due to the dam and reservoir at Big Rock. We are concerned about the degree to which increased pumping from Big Rock wells, to support more water intensive activities there, may also further impact the amount of water available to recharge Nicasio Creek. Any studies on this issue are over 20 years old .. In the meantime, conditions have significantly changed. We are in the fifth year of a very severe drought and behind normal for rain so far this year, despite the promised El Nino. We must assume that drought conditions may be endemic with the changing climate. We are aware that over the past four years, many wells in Nicasio, including in the Nicasio Creek watershed, have gone dry for weeks or months at a time. Another new reality our community has encountered is that potable water has not always been available for residents whose wells have failed, as water districts have restricted export of their water resources. In addition, we must assume that should the County adopt new rules liberalizing the permitting of second units, something we understand to be under discussion, wells along Nicasio Creek may be supplying additional families. First-hand experience appears to suggest a link between extensive pumping of well water at Big Rock and decreased water production in wells along Nicasio Creek. When Big Rock was under construction and first beginning operations, some wells along Nicasio Creek radically slowed, or even went dry, for the first tif\le. Residents were told that the new Big Rock reservoir was being filled with water pumped from Big Rock wells. The fact that the challenged wells along Nicasio Creek mostly recovered after the reservoir was filled suggests a relationship between the Big Rock wells and wells along Nicasio Creek. For all these reasons, we request that a new water study be required on the potential effect on Nicasio Creek of increased pumping from Big Rock wells, particularly during the dry season, before approval of Master Plan changes that allow overnight accommodations. We wish to assure you that in raising concerns about water use, we are not singling out this particular project. For many years, the Nicasio Design Review Board has consistently expressed misgivings about any application that comes to us for review if that project has the potential to increase demand for water, such as in the case of lot splits or requests to add water intensive activities to use permits. Thank you for your consideration of our comments. Please do not hesitate to ·contact us with any questions. Sincerely, Sue Kline Chair, Nicasio Design Review Board 415-706-9356 r- · February 10, 2016 Attn: Jeremy Tejerian, Jocelyn Drake, Planner Marin County Community Development Agency 3501 Civic Center Drive -Suite 308 San Rafael, CA 94903 Re: Comment Letter regarding Skywalker Properties Project ID 2015-0363 Dea r Mr. Tejerian and Ms. Drake, On behalf of the Lucas Valley Est ates Homeowners Association (LVEHOA) we appreciat e this opportunity to submit initial comments on the above-referenced application. Our HOA represents the 177 homes that comprise the Lucas Valley Estates neighborhood. Our neighborhood is located on Lu cas Valley Ro ad, between the intersections of Bridgegate Drive and Westgate Dr\ve, just east of Grady Ranch and Big Rock Ranch. Our first comment on the proposed project is to point out that t his M asterplan Amendment Application has been submitted subsequent to the filing of a Pre-a pplication for an Amendment of the same Masterplan. We note that the Big Rock Office Remodel project submittals make no mention of the Pre-Application for 224 affordable housing units at Grady Ranch and how impacts of the two projects together would be eva luat ed. In reviewing the Big Rock Office Remodel proposal, we have the following specific comments: Lack of Clarity rega rding Statement of Purpose and Future Uses: 1. In light of recent changes to ownership, number of employees and business operations at the Big Rock offices since 1996, the definitions of "guest" or "visitor" in the original Masterplan and in the proposed Amendment language, should be refined to provide better cl arity and accuracy. Will the guests mainly be employees of the owner? Or, will "employees" be defin ed as employees of guests? The term "client' is vague; since the LVEHOA Email [email protected] -website www.lvestates.org 80S ATTACHMENT #11 total number of employees (percent of floor area used by employees) and type of business operations at the Big Rock location, have changed. For those reasons, the proposed Amendment should provide a clearer definition of the terms guests, clients, or visitors; and specific clarity on the distinct definitions of "overnight accommodation guests" and other, day time visitors, employees or tenants. 2. The restrictions on guest/client uses should be clarified; it is suggested by the applicant; that the clients will not be "members of the public'. This should be more clearly defined; (e.g. restricted to short term use of facilities to businesses in the 'blank' industries, or for use of digital production facilities only; or for private business functions, projects or events only.) 3. What will be the new businesses to be operated at Big Rock? The submittals are not clear on this and whether this is in addition to the existing businesses at Skywalker Ranch or not. New "business operations' should be specifically defined and evaluated for MP Amendment review. 4. What are the proposed the changes in the hours of operation, and are those changes properly included in the Amendment application? 5. What is allowed or disallowed for "day special events"? 6. Of the remaining floor area/ offices at the Big Rock location that is not being remodeled: what percent of the floor area will be for the Owner's business operations (daily employee uses) and what percent will be dedicated to 'client, visitor, or overnight accommodation room' uses? 7. Consideration should be given to ensure the Amendment language is clarified, in order to accommodate the owner's planned new uses while also ensuring that any future new owners' uses will not extend beyond the proposed "private client" restricted uses. Clear specific restrictions should be incorporated into any final Approval language; The term "client' can have multiple meanings, depending on any future property owner business operations. For that reason, specific limitations should be provided in writing to either limit tenant uses to the current Owner only; or, to limit tenant/ client uses to specific industries and purposes. Regarding Environmental Impact analysis documents submitted by the Applicant, we note out dated information and underestimated usage and potential impacts, which should be revised for accuracy: 1. The analysis of impacts on septic capacity or water supply should evaluate these services as adequate for the maximum occupancy of the facility, rather than the average occupancy per night. What will be the defined maximum number of occupants per overnight accommodation room? We note that the lodging room sizes of 825 sq. feet each are large and could potentially accommodate several people in each unit. 2. New Overnight accommodation room occupancy is estimated by the applicant to be 1.2 guests per room; all aspects of the application should be evaluated for maximum occupancy capacity; 3. The water supply study appears to be based on old or outdated information: since the property receives its water supply from the Nicasio Creek Watershed, we believe that water supply calculations provided by the Applicant, based on 1996 FEIR data, should be LVEHOA Email [email protected] - website www.lvestates.org based upon more current data for the actual su pply capacity of the watershed. Recent years of drought and possible new demands from other wells added since 1996, could affect actual water supply at the fa cil ity. A more current water study should be required to in order to ensure adequate water supply without impacts t o the Nicasio, Gallinas or Miller Creek watersheds. 4. In considering septic capacity, we believe that the study should use maximum number of guests an d visitors, not ave rage occupancy. 5. Regarding the traffic impact ana.lysis submittal, we note there cou ld be up to 150 "day event" visitors by vehicle. Are these visitors included within the 300 vehicle/ day original MP conditions? Presumably traffic impacts could peak during dates of special events or on dates of turnover of tenants; for that reason, it would be helpful to understand: what are the estimated ave rage length of stay for the new client/ t enant uses; and what are the estimated number of special events per year? What are the estimated number days/ year of peak traffic incidents? 6. We question whether the traffic study of the 1996 FEIR is the most appropriate underlying study to eva luate this project; the 1996 FEI R assumes reverse commute directions on both ranches,- and the 1996 Approval included a required carpooling plan to reduce vehicle trips which may no longer be applicable to all of the new uses being proposed today. Finally, the traffic data is likely to be obsolete; it is based upon 20 year old 1996 traffic baseline data. Land Use impacts should be re-evaluated for all proposed new Uses which are not included or co nsistent with the original MP Conditions Of Approval, the 1996 MP Ordinance 3237 Reso lution 96-151: 1. The 1996 MP approval is for office use on Big Rock (not lodging). The new land uses should be clearly defined and subject to the scrutiny of Planning Commission review. 2. Also, the 1996 MP is based on the usage by employees of Lucasfilm; working on digital film production- not outside clients and guests for other business operations. Those changes should be more clearly described in the new Amendment language. 3. This is a rural. residential area of Marin County. We hope and anticipate that the zoning and lan d use impacts to be allowed in the Amendment will not be extended to allow for general public hotel or conventions or similar uses in the future which would create a significant land use impact to our area. Thank you for the opportunity to submit our comments. Since rely, Bruce Carmedelle President- Lucas Va lley Estates HOA LVEHOA Email [email protected] - website www.lvestates.org May 5, 2016 Marin County Planning Commission 3501 Civic Center Drive, Room 308 San Rafael, California 94903 RE: Lucasfilm, Ltd, Master Plan Amendment Dear Marin County Planning Commission: The Watershed Alliance of Marin was formed in part to help policy makers make environmentally sound decisions regarding water issues that affect our creeks, fish and riparian areas. Climate change requires that we not waste a drop or overuse our supply, and that we keep enough in the watershed to support fish and wildlife. The threats we faced from the recent drought only make this situation more urgent. Given this background, we officially dispute the assurances provided by the Lucas project manager that this amendment is a minor change to the usage of the property at Big Rock Ranch and we ask that you put this project on hold until water supply studies have been completed and certain questions answered. County zoning has different codes for a hotel/resorUresidential/guest facilities than for commercial daytime office space, reflecting the fact that county planning knows that these usages, while both are commercial, are significantly different and create different impacts and. require a different evaluation lens. These impact differences are niost visible in traffic patterns, water and sewer usage and other commercial (food service) usages. It is clear to the average person that a 9-5 office space requires less water and sewage service than a daily plus overnight residence and spa facility. There will be more meals, showers, toilet usage, garbage, food and other shopping needs with residential use. This project needs to be evaluated as if a small hotel were going in, with the appropriate new studies done that take into account current conditions, not tiered off a 1996 Master Plan that is years out of date. This Master Plan was approved before many permanent changes in Lucas and Nicasio Valleys occurred and never reflected what we now know about drought and climate change. Regardless, any change in use should require a thorough evaluation of the water supply. This Master Plan does not take into account subsequent Endangered Sfecies Act listings and recovery plans that have occurred for coho salmon 1 and steelhead , red-legged frogs and RECEIVED 1 http://www.westcoast.fisheries.noaa.gov/publications/recovery_planning/salmon_steelhead/domains/north_central _california_coastlcentral_california_coast_coho/frisco_ii.pdf MAY 6 Z016 > · .' .·· Watermarin.org 446 Panoramic Hwy, Mill Valley, CA 94941 (d:hll~w~lliAtl.'iN COMMUNITY DEVELOPMENT AGENCY PLANNING DIVISION ROS ATTACHMENT 12 other listed species and that may be affected by this project. Future and proposed groundwater legislation and mandatory curtailments may affect sustainability and viability of_ groundwater withdrawals necessary for implementation of the project proposal. Our concern is based on the appropriation of ground water from the headwaters of Nicasio and possibly Miller Creek to support this facility. During our last years of drought, while Lucas's operations were minimal, the creeks still suffered from lack of water. In fact, residents along Nicasio creek experienced reduced flows and dry wells while the Big Rock reservoir was being filled, showing a direct connection between Big Rock wells and Nicasio Creek (PC Attachment 8, Letter from Nicasio Design Review Board). In Marin, as in many counties, groundwater has never been properly evaluated, measured, tracked or regulated in order to determine what amount can legitimately be taken without affecting downstream users, including fish and wildlife. Rising temperatures and rainfall shortages due to drought from climate change both impact our supplies. Increasing consumptive groundwater usage -or even holding steady in drought years-from either Nicasio/Lagunitas or Miller creek drainages would incrementally reduce available supply for the state and federally protected anadromous fish populations in these creeks. To our knowledge there has been no assessment of the individual and cumulative impacts of groundwater withdrawals on available supply to these creeks. In addition, unregulated extraction of ground water within the Lagunitas creek drainage reduces available in-stream flows to Nicasio reservoir. MMWD must make up for these reductions to order to continue to meet minimum downstream flow requirements, which are a condition of their Dam operations. This in turn reduces the available public water supply. The applicant's meeting with Questa Engineering and move towards more onsite treatment and reuse of existing water supply would do much to alleviate some concerns regarding the drain on the headwaters. These onsite treatments, dual plumbing, use of water for irrigation, 2http://www .westcoast.fisheries .noaa. gov/pu blications/recovery_planning/salmon_ steelhead/domains/north _central _california_coast/central_ california_ coast_coho/ccc _coho_ salmon_esu_recovery _plan_ vol_i_ sept_ 2012 .pdf California State Water Resources Control Board (SWRCB) Since Listing: Assembly Bill 2121 (Slats. 2004, ch. 943, §§ 1-3) added sections 1259.2 and 1259.4 to the California Water Code. Water Code section 1259.4 requires the SWRCB to adopt principles and guidelines for maintaining instream flows in northern California coastal streams for the purposes of water right administration. The principles and guidelines were adopted as part of state policy for water quality control pursuant to chapter 3, article 3 (commencing with section 13140) of the Porter-Cologne Water Quality Control Act (Wat. Code,§ 13000 et seq.) On May 4, 2010, the State Water Board adopted a policy for water quality control titled "Policy for Maintaining lnstream Flows in Northern California Coastal Streams." The policy contains principles and guidelines for maintaining in stream flows for the purposes of water right administration. The geographic scope of the policy encompasses coastal streams frorn the Mattole River to San Francisco and coastal streams entering northern San Pablo Bay and extends to five counties: Marin, Sonoma, and portions of Napa, Mendocino, and Humboldt Counties. (Page 118 and 119) Watermarin.org 446 Panoramic Hwy, Mill Valley, CA 94941 (415) 234-9007 2 etc. should be a requirement for this project to move forward. If the applicant connects to the MMWD water supply, that would also alleviate our concerns regarding groundwater overdraft. We wish to point out that this strain on our groundwater resources is not an isolated situation or unique to the Big Rock Ranch project but is a Marin-wide problem that the county has failed to address. For example, the community of Muir Beach is equally culpable of reducing the waters of Redwood Creek, exacerbating the drought and adding to the extinction vortex of the Redwood Creek coho population.3 Residential and commercial wells in the headwater hills of Miller Creek in Lucas Valley, including some for Lucas' for Big Rock ranch, feed the Miller Creek watershed, which went dry this past summer. Miller Creek is home to threatened steelhead salmon. Because of the new Statewide Groundwater Management act of 20144 groundwater issues, riparian and water Rights in California are now being addressed as a result of the drought through the State Water Quality Control Board that may impact the viability of future withdrawals. The recent curtailment in the Russian River is an indication of this attention and oversight.5 Marin lacks a policy for groundwater management, and our creeks are suffering. With Climate Change upon us, it is no longer acceptable to grant blanket permissions for wells and groundwater taking without first measuring what is present, what is baseline, what is the refill rate, etc., so that we can determine what is possible to be withdrawn without causing egregious consequences to listed special status species of fish and wildlife, the public water supply and other downstream users. To address these issues the State Water Resources Control Board has established a time line through 2025 to protect groundwater. Under a limited set of circumstances the state may intervene, and when local efforts are not successful. The SWRCB can begin the probationary basin designation process for lack of sustainability plan implementation, or when there is inadequate implementation of a sustain ability or lack of a plan, 6 7 long-term overdraft, or significant depletions of interconnected surface waters. • We ask that you put this particular project on hold until the proper studies have been done to measure and protect Marin's well-loved and vital natural water resources. We also ask that 3 http://www.muirbeachcsd.com/documents/NPSHydrologyStudy-GOGA 2000.pdf (page v) 4 http://www.water.ca.gov/groundwaterlgroundwater management/legislation.cfm 5 http://www. waterboards.ca.gov/waterrights/water issues/programs/drought/docs/rr curtailment052714. pdf 6 http://www.waterboards.ca.gov/water issues/programs/gmp/intervention.shtml#agency After June 30, 2017, the State Water Board can initiate State Intervention activities in portions of high and medium-priority groundwater basins that are not managed by a groundwater sustainability agency. 7 http://www.westcoast.fisheries.noaa.gov/publications/recoverv planning/salmon steelhead/domainslnorth central california coast/ccc steelhead recovery outline final may 2007.pdf (page 18) Watermarin.org 446 Panoramic Hwy, Mill Valley, CA 94941 (415) 234-9007 3 you put ALL well permits in abeyance until proper groundwater preservation studies have been done and a sound policy for our groundwater resources has been developed. Sincerely, Laura Chariton, President Watershed Alliance of Marin ...rv-- stream Anadramous Fish Presence --- Road ,oJ'l;;"""'"'~ Sleelhead Parks & Open Space City or Town County Open Space City Boundary Water DislrJct c:J Novato .-.-·1 State Park [::J San Rafael National Park Miller Creek Watershed Anadromou5 Fish Map for gm<>rnl purpolc~only; not for lftl!·lpcdfk pl1>11nlng pmpol~. Marin County map of Miller Creek showing anadromous fish presence. Note: Big rock is upper end of watershed. Watermarin.org 446 Panoramic Hwy, Mill Valley, CA 94941 (415) 234-9007 4 -•••• County linll ---- Watershed Boundary ~-c-~- Road Parks & Open Space County Open Space Water Distflct State Park Natlonn] Park Tomales Bay Watershed Mttp for gene.r Lagunitas Nicasio Creek Watershed showing anadromous fish presence. Note: Big rock is upper end of watershed. CC: Supervisor Damon Connolly Supervisor Kate Sears Supervisor Katie Rice Supervisor Steve Kinsey Supervisor Judy Arnold Jocelyn Drake, Senior Planner Brian Crawford, Community Development Agency Watermarin.org 446 Panoramic Hwy, Mill Valley, CA 94941 (415) 234-9007 5 Nicasio Design Review Board Nicasio Land Owners Association Nicasio, California 954946 May 6, 2016 REVISED Marin Connty Planning Commissioners 3501 Civic Center Drive San Rafael, CA 94903 Re: Comments for May 9, 2016, Planning Commission hearing on Skywalker Properties LTD Master Plan Amendment Honorable Commissioners, The Nicasio Desigu Review Board previously commented on this application on February 10,2016. Thank your for allowing us to submit these additional comments to express our serious reservations regarding the Staff Report and the proposed Resolution for action on this application. We are deeply concerned about the absence of clear guidelines defining the use of the proposed lodging rooms, as well as the lack of any language in the proposed amendment that would prevent a net increase in water use beyond that contemplated in the original Master Plan. The proposed amendment does not include language that restricts how and for what the 57 lodging rooms can be used. The conversion of office space to overnight guest accommodations and to guest support services (removing the day care facilities to make way for a spa, creating a new banquet room, converting offices to meeting rooms, expanding retail space, the general store, and the fitness center, and upgrading food facilities), is a significant departure from the original purpose of Big Rock to provide office space for personnel engaged in interactive entertainment production and related administrative tasks. The proposed language does not limit these new uses to the present property owner. When evaluating this application we must assume that the property will someday be sold and the subsequent owner will use the property to the maximum possible use set forth in the Master Plan. A major concern of our community, expressed in our previous comments, is that if overnight lodging rooms are allowed, strict and specific conditions be placed on how, and by whom, they can be used. Tbis is necessary to ensure that the facility cannot be utilized to host large events, conventions, retreats, or other hospitality related activities. An amendment to the Master Plan that allows overnight guests must include specific language restricting the use of the rooms to persons working at Big Rock onJ?p,li~~IVED related to the purpose fm which the office space was originally permitted, n COUNTY OF MARIN COMMUNITY DEVELOPMENT AGENCY PLANNING DIVISION BOS ATTACHMENT #13 We were initially under the impression that Skywalker planned to include a phrase in the proposed change to the Master Plan language that would require that the overnight guests be "working at Big Rock." We did not, in fact, consider that condition sufficient, as attendees to a convention might arguably fulfill the "working at Big Rock" requirement simply by attending a speech, a meeting or a training session at a convention or retreat. Yet, County staff has removed even the "working at Big Rock" phrase from the wording they recommend be adopted for this amendment, leaving no stated requirement that persons staying in the overnight accommodations even be working at Big Rock, nor establishing any guidelines for what type of work should qualifY. We wondered whether, by referencing Condition of Approval63.b of the Big Rock/Grady Ranch Master Plan in their report, County staff were asserting that the original Master Plan already provides sufficient guidance as to what lodging rooms at Big Rock could be used for. Through e-mails between Sue Kline and Jocelyn Drake, we learned that this is not the case and, to the contrary, this section was quoted "to show that there is flexibility with regard to the types of office uses that may be permitted at Big Rock." We asked if it was the staffs position "that the property can only be used for purposes related to digital fihn production and interactive multimedia development ... so that if it is sold, a subsequent owner would have to obtain a Master Plan amendment to use it, and the proposed 57 rooms, for any other purpose." The response we received was that, "Should the ranch be sold at some futrrre date, staff would need to make a determination regarding whether or not the new owner's intended use of the ranch is in · substantial conformance with the Master Plan." Any amendment to the Big Rock Master Plan allowing conversion from office to overnight accommodations cannot be so vague that the County Planning Staff themselves cannot predict how a futrrre owner would be allowed to use the lodging rooms. The staff report states that, "As proposed, the overnight guest Units would serve to complement the existing office use," but the proposed amendment includes no language requiring that and it is unclear what the present existing office use is that would be enhanced by overnight accommodations. The staff report also maintains that subsequent amendments to the Master Plan would be required to utilize Big Rock as a conference or convention center, but fail to give any reasons to show that this is the case. In fact, if no restrictions are included in how the overnight rooms can be used and, given that the Big Rock Master Plan places no limits on the number of day guests that can be on the property, it would appear that subsequent amendments may not be necessary in order for the property to be used for any number of purposes, including conventions, conferences, or other events. The proposed amendment should not be considered until the Countv has adequately addressed the potential effect of the increased water requirements of ovemight guests on Nicasio Creek and wells dependent on its flow 2 Ovemight guests will require more water for showers, toilets, food preparation, and so on, than would employees only working at the ranch during the day, potentially increasing the demand on Big Rock Ranch wells. Nicasio residents do not have access to water from a public utility and depend solely on wells for household water. Big Rock Rauch is located in the upper watershed for Nicasio Creek. Up to 65 Nicasio properties rely on wells along Lucas Valley Road that are influenced by, or dependent upon, water flow into the Nicasio Creek aquifer. Flow to the creek has already been permanently diminished by 6% due to evaporation from the reservoir created by damming Nicasio Creek on the Big Rock property. Experience has indicated that pumping of wells at Big Rock can affect the health of wells downstream as several wells along Nicasio Creek became uncharacteristically slow, or went dry, when Big Rock wells were being pumped to assist in filling its reservoir. Furthermore, conditions have changed, in some ways radically for the worse, since the adoption 1996 Master Plan and the creation of the EIR reports. The County has approved land divisions that add to the number of households relying on wells associated with Nicasio Creek, and a County second-unit ordinance could result in further additions to that number. We are in the midst of a several year drought, with less than normal rainfall this winter despite au El Nino weather pattern, La Nina and dry weather likely during the coming winter, and climate change predicted to cause long-term drought in California. Alarmingly, during the past four years there have been periods when potable water deliveries have become unavailable to Nicasio residents whose wells have failed, as water districts have restricted expmis. This amendment should only be approved on condition that the change in use of the Big Rock facilities result in no net increase in water use, particularly during seasons when there is no rainfall, in order to ensure no negative impact on the availability of household water for residents, most of whose properties pre-date the Big Rock development. Skywalker has submitted reports titled "Water Requirement Calculations," prepared by Blum Engineering, that estimate the amount of water that will be used by overnight guests in comparison to employees on-site during the day. We question the basing of water use estimates on the assumption in these reports that there will be less than full occupancy of the 57 guest rooms. In the October 13, 2015 report, au 89% occupancy rate was assumed, with 1.2 persons per room. Then, without explanation, the assumed occupancy rate was reduced to 75% in the March 18,2016 report. Yet, there is nothing in the proposed Amendment that prevents au owner of Big Rock from using the rooms at full occupancy and having more than au average of 1.2 guests in each (given the large size of the rooms, they would be amenable to a higher average use). Other assumptions in the Blum water use estimates seem implausible, and appear to underestimate the amount of water overnight guests will use. For example, the reports project that each occupied guest lodging room will employ 2.60 toilet flushes a day (the reports create confusion by listing how much water is used per room for the overnight guests, versus how much water is used per person when charting how much water use for each day employee, requiring computations to equate the two). With 1.2 persons in each 3 room, that is only 2.16 flushes per overnight guest over a potential24-hour period, which is clearly unrealistic for a normal human. By contrast, the daytime employees are allowed 2.60 flushes just in the few hours they are in residence. Also, the ovemight guests are predicted to eat only 1.83 meals (2.2 meals per room divided by 1.2) per day. This also seems unrealistic, even for guests staying only one night, as guests are likely to stay on-site for all meals. The water use estimates appear to have been taken from a site that estimated hotel guest water use as of the year 2000. But in that study, 4 flushes per day per room are predicted, versus the 2.60 assumed in the water use reports submitted by Blum. There are other sources of water consumption listed on the site that are not included at all in the Blum report, including air conditioning, laundry, and other miscellaneous water needs. In any case, the water use of hotel guests may not be a valid comparison, as they are more likely to leave their hotel for much of the day, and for most of their meals, than overnight guests at Big Rock would be. Other potential sources of water use by Big Rock overnight guests, not included in the Blum report, could include use of the proposed spa, banquet facilities, and expanded fitness area. Even by this questionable reckoning, at least 18.5 more gallons a day for each overnight guest would be required. If this proposed amendment were adopted without adequate conditions, and the facility becomes amenable for use for conventions, conferences, etc., unlimited numbers of day guests could be included at such events, creating even greater demand for water. Ifthere is a possibility that the renovation of Big Rock might result in its use for events that involve large numbers of day guests, we request that the increased water demands for these events be quantified, and that the number and size of these events be limited to meet the goal of preventing a net increase use of water as a result of this requested amendment. We wish to once again stress that for at least the past 7 years, the Nicasio Design Review Board has consistently raised concems about any application we review that has the potential to increase demand on Nicasio's limited water supply, and that this application is, in no way, being treated differently in that respect. The Nicasio community greatly values and appreciates our relationship with Skywallcer Properties, which has always been a good neighbor. We need to assume that Big Rock may, at some point, have a different owner, and it is essential that the language in the Master Plan and proposed amendment provide adequate protection with regard to possible future uses. We request that, prior to the adoption of an amendment allowing conversion of office space to lodging rooms at Big Rock Ranch, the following steps be taken: 1. Adequate language be added to the proposed amendment to ensure that overnight guests are working at Big Rock on projects supported by the office space and confmming to the original purposes of Big Rock -the development of interactive entertaimnent and related administrative tasks. 4 2. Water reports be prepared that include more realistic assumptions of how much water ovemight guests will need, and that assume full occupancy of the lodging rooms, and that also examine the potential for increased water demand if the proposed renovations to Big Rock results in events attended by large numbers of guests who are not counted in the 300 person limit for employees and overnight guests. 3. To prevent adoption of the proposed amendment from resulting in a net increase in water use at Big Rock Ranch, a multiplying factor should be included for overnight guests when adding the numbers of ove1night guests to employees to reach the maximum number of300 allowed on the property daily, to reflect their greater consumption of water, and that limits be placed on the number of non-employee, non-overnight guests if the renovations allowed by the amendment may result in an increased number of these guests on the property. Thank you for your consideration of om comments. Sue Kline Chair, Nicasio Design Review Board 415-706-9356 5 GEORGE FORMAN JUDICOLBY. 5055 Lucas Valley Road Nicasio, CA 94946 May 6, 2016 Marin County Planning Con:u:illssion Community Development Department 3501 Civic Center Dr. San Rafael CA 94903 Re: May 9, 2016 hearing on Big Rock Ranch Master Plan Amendment Dear Planning Commissioners: My family has lived on Lucas V ailey Road, about a mile west of the entrance to the Big Rock Ranch, since roid-1977. At that time, what is now the Skywaiker campus was the tranquil Bulltail V ailey Ranch. In the past, I have expressed our family's concerns about the adverse impacts that three Lucas-associated projects, Skywalker Ranch, Big Rock Ranch, and more recently, the Grady Ranch, would have on the quality of rural life that induced us to move to .Nicasio in the first place. The two roost serious impacts that the Skywallcer and Big Rock developments have had on us (thankfully, the Grady Ranch project did not come to fruition) thus far have been the transformation of what had been a scenic, lightly travelled country road into a dangerous, high-speed corridor for Skywalker/Big Rock employees, guests and contractors, degradation of the aquatic habitat in Nicasio Creek through increased sedimentation, and now, with the proposed conversion of the Big Rock office complex into what would amount to a luxury resort/hotel, the threatened depletion of stream flows . and groundwater on which we, and others who live along NiCasio Creek, depend for the continued residential use of our property. According to the staff report on this project, 76;566 s/f of the existing Big Rock office complex would be converted from offices to what is, by whatever label you choose to attach to it, a 57-room luxury resort, adding at least 57 toilets, showers and tubs, presumably with laundry facilities adequate to handle the hundreds of sheets and towels needing to be washed frequently, if not daily, as well as a new spa and larger restaurant and banquet facilities than had been needed for a 300-ernployee workforce, with a combined daily limit of an average of 300 employees and oveinight guests per quarter, but no limit on the number of daily visitors. Thus, as long as the quarterly average of employees and guests does not significantly exceed 300, literally thousands of people could be present on the property on any given day for any number of unspecified · purposes. Not surprisingly, this raises the same concerns as have previous Lucas-related proposals: i.e., significant additional depletion of the already precarious aquifer that feeds BOS ATTACHMENT #14 Nicasio Creek, threatening the water supply .on which actual residents of the area depend forthe basic necessities of life; qualitative and quantitative increases in the amount of effluent put into the ground to degrade the quality of water that flows downstream or . percolates down-gradient; aitd increases in traffic, particularly in light of the tremendous increases in traffic that Lucas Valley Road has experienced in recent years as more motorists use Lucas Valley Road both morning and night during the week to avoid chronic congestion on Highway 101, and as Lucas Valley Road seems to have become the route of choice for weekend motorcyclists and driving enthusiasts who enjoy the thrill· of speeding arouud curves. Although the Planning Staff seems to have no problems with what is being proposed, the reports generated by the staff, as well as those of the project proponent, are rife with inconsistencies and uncertainties, such that it really isn't possible to accurately project the extent to which the proposed project actually will adversely impact residents along Lucas Valley Road. As just one example, the April 8, 2016 memorandum from Bob Goralka to Jocelyn Drake recognizes that the proponent's traffic study dramatically · underestiniates the number of trips to be generated by the project, even assuming the proponent's self-servingly pessimistic occupancy estiniates, but the memorandum · assumes that employees, not just guests, will occupy at least some of the 850 s/frooms, thus reducing the number of vehicle trips that otherwise would be generated. Elsewhere, however, the proponent asserts that its employees will not be staying overnight. Moreover, as noted above, the purported daily population limit at Big Rock is musory, in that it is to be a quarterly average, based on self-reporting, with no actual limit on the total number of people who can be present at Big Rock at any one tinie, as long as the people in excess of 300 are not the proponent's employees or overnight guests. Of course, none of the proponent's estimates are keyed current empirical data. Instead, the proponent relies on consultants' estimates contained in environmental documents that are at least 20 years old, and in turn, those old estiniates were based on data for Skywalker Ranch, a much different .sort of operation, as well as purely subjective and arbitrary estimates oflevels of occupancy and utilization. An 850 s/froom can accommodate more than 1.2 people, and the banquet facilities look as if they can accommodate hundreds. Exactly what will all of these people be doing, for whom and for how long? And are there not perfectly adequate lodgings available within a few minutes of Big Rock, and from which the County or relevant cities would receive transient occupancy taxes? As :iinportant as are these deficiencies in the application, the most glaring, and to us the most significant, is the utter failure to adequately document the likely adverse impacts of the project on the water resources of the Nicasio Creek watershed, on which those of us who live along the Nicasio Creek and iti the Nicasio Valley depend for our very lives. As other commenters already have noted, converting the former stock pond at Big Rock into a sizeable lake took about 6% of the available water, and likely caused a number ofdownstream wells to go dry during the process. Many of the wells along Nicasio Creek, including ours, are shallow. As you are well aware, during the last several years of drought, MMWD, the North Marin Water District and other agencies have ceased selling water for export beyond district boundaries. Because Nicasio is not within a water district, the Nicasio community has been forced to explore how to truck in water for use by those whose wells run dry, as some do every year. Thus, it would be height of irresponsibility to base approval of this project on 20-year-old pre-drought hydrologic assumptions, and to base projections of future water use on anything less than full occupancy by overnight guests and maximum utilization by employees and day visitors .. Simply put, there is no way to monitor or enforce 75% occupancy, 1.2 guests per room, 8-minute showers, 2.6 flushes per day per toilet, 3.85 minutes per day per faucet, 2.2 meals per day per overnight guest, or the ari:J.ount of water pumped from the ground each day. If the proponent's. overdraft of the aquifer causes downstream wells to go dry, and if MMWD and other water districts won't sell water for export beyond their district boundaries, what are the residents of Nicasio Valley to do? Come up to Big Rock and ask to use the spa or guest rooms to bathe? For the proponent, this is just business. For residents, it could not be more personal. Over the years, we have experienced other direct adverse impacts from Lucas related operations. For example, four of the six vehicles that have smashed through our fence and destroyed landscaping were driven by persons employed at either Big Rock or Skywalker. The cumulative result of these incidents was cancellation of our homeowners' insurance policy, although we were not at fault and had faithfully paid premiums for 38 years . . Over and over, the County either has ignored altogether or casually dismissed our expressions of concern. For example, according to the original Big Rock Ranch EIR, if the darn that impounds the lake at Big Rock were to fail in an earthquake, our house would be washed away. This was dismissed this as merely an emotional concern, not an environmental risk. Increased sedimentation smothered gravels in Nicasio Creek, wiping out newt and frog populations. I'm told by Highway Patrol officers that many of the ·vehicles that whiz past our kitchen window each weekday morning are bound to or from either Skywalker or Big Rock. Meanwhile, zoning and other land use restrictions that effectively would have prevented the massive Skywalker and Big Rock developments in the first place seem to have been printed with disappearing ink. I'm sure Mr. Lucas is a wonderful person and neighbor. But he doesn't live at Skywalker or Big Rock; those are businesses, not wsidences. Putting aside that the County never should have authorized either of these industrial intrusions into a rural neighborhood, the County should not now compound that mistake by authorizing this proposed change in use, especially without requiring the provision of detailed, accurate information about exactly how the modified facilities would be used, and the development of actual contemporary data, rather than arbitrary, subjective estimates based on generic publications more than ten years old, about curr-ent resources and conditions and how the proposed demands on those resources and changes in conditions will impact local residents. I hope you will be mindful of the impacts I've described when you decide whether the proponent's desires should be given priority over the needs ofNicasio's residents. - . ._.::.. • "=------:r- - -· -- - ... .:: ':' - --- . ·-· MARIN COUNTY BOARD OF SUPERVISORS ORDINANCE NO. 3237 AN ORDINANCE OF THE BOARD OF SUPERVISORS WITH FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND WITH FINDINGS FOR PROJECT APPROVAL AND FOR DETERMINATION OF PROJECT CONSISTENCY WITH APPLICABLE COUNTY PLANS THAT APPROVES THE LUCASFILM, LTD. MASTER PLAN APPLICATION (MP #90-012) GRADY, BIG ROCK, MCGIDRE, AND LOMA ALTA RANCHES ASSESSOR'S PARCEL NOS. 164-310-01, -02, -07, -10, -11, -12 and -13; 164-320-01, -02 and -03 ************************* SECTION 1: GENERAL FINDINGS I. WHEREAS Lucasfilm, Ltd. (hereinafter, "Lucasfilm"), submitted apj5lications for Master Plan and Use Permit approval proposing to construct two separate office building complexes, including a facility for digital film production and related uses on Grady Ranch and a facility for. development of interactive multimedia products and related uses on Big Rock Ranch (collectively, the "Proposed Project"). The Grady Ranch complex would contain approximately 456,100 square feet of floor area for 340 employees and overnight guests, while the Big Rock Ranch ·complex would contain approximately 184,700 square feet of floor area for of 300 employees. The proposed development area on both ranches would constitute only 5% of the entire acreage of these ranches. The remaining 95%, or 2,048 acres, would be permanently preserved as open space under a combination of an agricultural conservation easement with public trail access, public open space, and private open space. Also included in the Lucasfilm application are the McGuire and Lorna Alta Ranches. Both of these ranches, which contain a total of 1,235 acres located across Lucas Valley Road from Big Rock Ranch, would be permanently preserved under an agricultw:al conservation easement with public trail access. No development is proposed on either one of the"Se ranches. Overall, the 'Proposed Project would entail approximately 640,800 square feet of total floor area for a total of 640 persons in two separate office building complexes on Grady and Big Rock Ranches. Development would be contained within a total area of 108 acres and a total of 3,283 acres would be permanently preserved as open space, including 95% of Grady and Big Rock Ranches and 100% of McGuire and Lorna Alta Ranches. Grady, Big Rock, McGuire and Lorna Alta Ranches are identified as Assessor's Parcel Numbers 164-310-01, -02, -07, -10, -11, -12, -13; 164-320-01, -02, -03. II. WHEREAS the Marin County Planning Commission held a duly noticed public hearing on September 25, 1996 to consider the merits of the Proposed Project and, on October 7, 1996, unanimously reconunended by Resolution Nos. PC-96-132 and PC-96-133 that the Marin County Board of Supervisors approve the Lncasfilm Master Plan and Use Permit applications. Page 1 of 3 i: Jcurldrp Jbos ILucasOrd. doc BOS ATTACHMENT #16 SECTION 2: CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS I. WHEREAS an Environmental Impact Report ("EIR") was prepared for the Lucasfilm project by Nichols • Berman, environmental consultant to the Marin County Community Development Agency -- Planning Division, pursuant to requirements of the California Environmental Quality Act ("CEQA," Public Resource Code Sections 21000-21177), State CEQA Guidelines, and County CEQA procedures. II. WHEREAS on September 9, 1996, the Planning Commission recommended by Resolution No. PC-96-131 that the Board of Supervisors certify the Lucasfilm EIR as adequate for purposes of taking an action on the project. III. WHEREAS the Board of Supervisors hereby makes findings pursuant to CEQA as comained in "Exhibit 1" attached to this ordinance approving the Lucasfilm Master Plan. Exhibit 1 is incorporated herein by reference. SECTION3: FINDINGS RELEVANT TO MAS'fER PLAN AND FINDINGS FOR PROJECT APPROVAL AND FOR DETERMINATION OF PROJECT CONSISTENCY WITH APPLICABLE COUNTY PLANS I. WHEREAS the Board of Supervisors finds that Lucasfilm submitted a Master Plan application for the project. Master Plan approval is required by Sections 22.47.022 and 22.47.102(2) of Marin County Code for offices and related accessory buildings and uses in RMP and ARP zoning districts. II. WHEREAS the Board of Supervisors hereby makes fmdings for project approval and for determination of project consistency with applicable County plans as contained in "Exhibit 2" attached to this ordinance approving the Lucasfilm Master Plan. Exhibit 2 is incorporated herein by reference. SECTION 4: ADOPTION OF AN ORDINANCE APPROVING THE LUCASFILM MASTER PLAN APPLICATION, SUBJECT TO CONDITIONS OF APPROVAL AND IMPLEMENTATION OF A MITIGATION MONITORING AND REPORTING PROGRAM NOW, THEREFORE, LET IT BE ORDAINED that the Board of Supervisors hereby adopts an ordinance which approves the Lucasfilm Master Plan application (MP 90-012), subject to the Conditions of Approval contained in "Exhibit 3" and Implementation of the Mitigation Monitoring and Reporting Program contained in "Exhibit 4" of this ordinance. Both Exhibit 3 and Exhibit 4 are attached to this ordinance and incorporated herein by reference. SECTION 5: EFFECTIVE DATE, PUBLICATION, AND SEVERABILITY The 'Board of Supervisors does hereby further ordain the following: 1. Effective Date and Publication. This ordinance shall be, and is hereby declared to be, in full force and effect on November 29, 1996 and a summary shall be published once before November 13, 1996, with the names of the Supervisors voting for and against the same, in the Marin Independent Journal, a newspaper of general circulation published in the County of Marin. Page 2 of 3 i: lcurldrp JbosiLucasOrd. doc 2. Severability. If any term, provision, or portion of this ordinance or the application of same to a particular situation is held by a court of competent jurisdiction to be invalid, void, or unenforceable, tile remaining portions of this ordinance, or the application of same to orher si(Uations, shall continue in full force and effect unless amended or modified by the County. SECTION 6: VOTE PASSED AND ADOPTED at a regular meeting of the Board of Supervisors of the County of Marin, State of California, on the 29th day of October, 1996, by the following vote to-wit: AYES: Supervisors: Harry J. Moore, Gary Giacomini, Annette Rose, John B. Kress, Harold C. Brown Jr. NOES: Supervisors: None ABSENT: Supervisors: None HAROLD c""BROWN, JR. cAiR MARIN COUNTY BOARD OF SUPERVISORS Page 3 of 3 i: \cur\drp \bos \LucasOrd. doc MARIN COUNTY BOARD OF SUPERVISORS RESOLUTION NO. 96-151 A RESOLUTION OF THE BOARD OF SUPERVISORS WITH FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND WITH FINDINGS FOR PROJECT APPROVAL AND FOR DETERMINATION OF PROJECT CONSISTENCY WITH APPLICABLE COUNTY PLANS THAT APPROVES THE LUCASFILM, LTD. USE PERMIT APPLICATION (UP 1195-058) GRADY RANCH ASSESSOR'S PARCEL NOS. 164-310-07, -10, -11, -12 and -13 ************************* SECTION 1: GENERAL FINDINGS I. WHEREAS Lucasfilm, Ltd. (hereinafter, "Lucasfilm"), submitted applications for Master Plan and Use Permit approval proposing to construct two separate office building complexes, ·including a facility for digital film production and related uses on Grady Ranch and a facility for development of interactive multimedia products and related uses on Big Rock Ranch (collectively, the "Proposed Project"). The Grady Ranch complex would contain approximately 456,100 square feet of floor area for 340 employees and overnight guests, while tl1e Big Rock Ranch complex would contain approximately 184,700 square feet of floor area for of 300 employees. The proposed development area on both ranches would constitute only 5% of the entire acreage of these ranches. The remaining 95%, or 2,048 acres, would be permanently preserved as open space under a combination of an agricultural conservation easement with public trail access, public open space, and private open space. Also included in the Lucasfilm application are the McGuire and Lorna Alta Ranches. Both of these ranches, which contain a total of 1,235 acres located across Lucas Valley Road from Big Rock Ranch, would be permanently preserved unde~ an agricultural conservation easement with public trail access. No development is proposed on either one of theJ;e ranches. Overall, the Proposed Project would entail approximately 640,800 square feet of total floor area for a total of 640 people in two separate office building complexes on Grady and Big Rock Ranches. Development would be contained within a total area of 108 acres and a total of 3,283 acres would be permanently preserved as open space, including 95% of Grady and Big Rock Ranches and 100% of McGuire and Lorna Alta Ranches. Grady, Big Rock, McGuire and Lorna Alta Ranches are identified as Assessor's Parcel Numbers 164-310-01, -02,-07,-10,-11, -12, -13; 164-320-01, -02, -03. H. WHEREAS the Marin County Planning Commission held a duly noticed public hearing on September 25, 1996 to consider the merits of the Proposed Project and, on October 7, 1996, unanimously recommended by Resolution Nos. PC-96-132 and PC-96-133 that the Marin County Board of Supervisors approve the Lucasfihn Master Plan and Use Permit applications. Page 1 of 4 i: lcurldrp lbosiLucasRes. doc SECTION 2: CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS I. WHEREAS an Environmental Impact Report ("EIR") was prepared for the Lucasfilm project by Nichols • Berman, environmental consultant to the Marin County Community Development Agency -- Planning Division, pursuant to requirements of the California Environmental Quality Act ("CEQA," Public Resource Code Sections 21000-21177), State CEQA Guidelines, and County CEQA procedures. II. WHEREAS on September 9, 1996, the Planning Cmmnission recommended by Resolution No. PC-96-131 that the Board of Supervisors certify the Lucasfilm EIR as adequate for purposes of taking an action on the project. III. WHEREAS the Board of Supervisors hereby makes findings pursuant to CEQA as contained in "Exhibit 1" of Board of Supervisors Ordinance No. 3237 which approves the Lucasfilm Master Plan. Exhibit 1 is incmporated herein by reference. SECTION 3: FINDINGS RELEVANT TO USE PERMIT AND FINDINGS FOR PROJECT APPROVMo AND FOR DETERMINATION OF PROJECT CONSISTENCY WITH APPLICABLE COUNTY PLANS I. WHEREAS the Board of Supervisors fmds that Lucasfilm submitted a Use Permit application for that portion of the project proposed on Grady Ranch. Use Permit approval is required by . Sections 22.47.022(12)(e) and 22.47.022(13) of Marin County Code for offices and related accessory buildings and uses in RMP zoning districts. Section 22.45.110 of the Code, further acknowledges that uses requiring Use Permit approval in a planned district, such as RMP zoning, shall be permitted and can be granted simultaneously with Master Plan approval if the Board of Supervisors can make the mandatory finding for Use Permit approval in Section 22.88.020(3) of the Code (see Finding III below). II. WHEREAS the Board of Supervisors hereby makes findings for project approval and for determination of project consistency with applicable County plans as contained in "Exhibit 2" of Board of Supervisors Ordinance No. 3237 whicb approves the Lucasfilm Master Plan. Exhibit 2 is incorporated herein by reference. III. WHEREAS the Board of Supervisors finds that the Lucasfilm project is consistent with the mandatory finding to approve a Use Permit pursuant to Section 22.88.020(3) of Marin County Code as modified by mandatory EIR mitigations and recommended conditions bf approval contained herein and as specified below. The establishment, maintenance or conducting of the use for which a Use Permit is sought will not, under the particular case, be detrimental to the health, safety, morals, comfort, convenience, or welfare of persons residing or working in the neighborhood of such use and will not, under the circumstances of the particular case, be detrimental to the public welfare or injurious to property or improvements in the neighborhood. A. Development on Grady Ranch would involve construction of buildings for offices and related accessory uses associated with digital film production activities. Essentially, digital film production activities entail the creation of images, through computer and digital technology, to be used in all forms of entertainment and commercial media. Employees Page 2 of 4 i:lcurldrplbosiLucasRes. doc would work primarily in offices at computer workstations. No industrial-type activities would occur on site, including manufacturing and mass distribution of the developed digital images. Pursuant to Sections 22.47.022(12)(e) and 22.47.022(13) of the Code, offices and related accessory uses are conditionally permitted uses in RMP zoning districts, subject to Master Plan and Use Permit approval. B. All significant, adverse environmental effects of the Grady Ranch development proposal have been discussed in the project EIR, and mitigation measures have been recommended that would reduce identified impacts to less-than-significant levels. No significant, unavoidable environmental impacts have been identified. All recommended mitigation measures have been incorporated into the project through recommended conditions of project approval. C. The Grady Ranch development proposal is consistent with all applicable goals, objectives and policies of The Marin Countywide Plan for which findings have been made in "Exhibit. 2" of Board of Supervisors Ordinance No. 3237 which approves the Lucasfrlm Master Plan. Exhibit 2 is incorporated herein by reference. D. The Grady Ranch development proposal would provide numerous public benefits, including but not limited to, mitigation of existing site erosion and landslide impacts, restnration and enhancement of habitat value along streams, implementation of long-term site habitat restoration and management measures, fee-ownership dedication of approximately 800 acres of open space to the public with related trail access, permanent preservation of 187 acres as private open space through deed restrictions, mitigation of area-wide cumulative traffic impacts, enhancement of local public services, provision of public annual revenues that exceed public annual costs, and provision of 340 jobs available to Marin County residents. SECTION 4: RESOLUTION APPROVING THE LUCASFILM USE PERMIT APPLICATION FOR GRADY RANCH, SUBJECT TO CONDITIONS OF APPROVAL AND IMPLEMENTATION OF A MITGATION MONITORING AND REPORTING PROGRAM NOW, THEREFORE, LET IT BE RESOLVED that the Board of Supervisors hereby adopts a resolution which approves the Lucasfilm Use Permit application (UP 95-058) for Grady Ranch, subject to the Conditions of Approval and implementation ofthe Mitigation Monitoring and Reporting Program contained in "Exhibit 3" and "Exhibit 4," respectively, of Board of Supervisors Ordinance No. 3237 which approves the Lucasfilm Master Plan. Both Exhibit 3 and Exhibit 4 are incorporated herein by reference. SECTION 5: SEVERABILITY The Board of Supervisors does hereby further resolve that if any term, provision, or portion of this resolution or the application of same to a particular situation is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining portions of this resolution, or the application of same to other situations, shall continue in full force and effect unless amended or modified by the County. Page 3 of 4 i: \cur\drp \bas \LucasRes. doc SECTION 6: VOTE PASSED AND ADOPTED at a regular meeting of the Board of Supervisors of the County of Marin, State of California, on the 29th day of October, 1996, by the following vote to-wit: AYES: Supervisors: Harry J. Moore, Gary Giacomini, ·Annette Rose, John B. Kress, Harold C. Brown Jr. NOES: Supervisors: None ABSENT: Supervisors: None HAROLD c.-flROWN, JR. CAIR MARIN COUNTY BOARD OF SUPERVISORS Martin J. Nichols Clerk of the Board Page 4 of 4 i: \cur\drp \bas \LucasRes. doc "EXHIBIT 3" •· CONDITIONS OF APPROVAL Lticasf11m, Ltd. Master Plan and Use Permit Project Environmental Impact Report Mitigations Please be advised that the following conditions of approval, numbers 1 through 59, have been derived from mitigations recommended in the project EIR. The source of each condition is provided as a bracketed reference at tte end of each condition. For example, (Air Quality, #5.8-1) refers to air quality mitigation measure 5.8-1 from the EIR. L As part of a Precise Development Plan application for a given phase of the project, the Applicant's engineers sh!lll prepare and snbinit a comprehensive, detailed Slope Stabilization Plan for review and approval by the Marin County Department of Public Works ("DPW") -- Land Use & Water Resources Division. At a minimum, this Plan shall implement. the following measures; a. The site-specific design of all repairs needed to stabilize each of the landslides and areas of slope instability that are located inside the development areas and threaten proposed buildings, at the water tank sites, along the associated access roads, at the dam/reservoir site, and along the Lucas Valley Road realignment, shall be defined. b. Based 011 information from a sufficient number of boreholes and trenches, the Plan shall describe in detail how each landslide or area of unstable slopes would be repaired or removed by identifying the area of slide debris to be excavated and .reconstructed, ·the methods to be used to engineer the slopes witll compacted fill or grading, the surface and subsurface drainage improvements, retaining walls, buttresses, debris barriers., and other structures to be installed (and where) in order to stabilize slopes. c. The Plan shall describe and demonstrate how runoff from very steep and unstable slopes would be diverted, identify how natural vegetation would be retained, and provide for landscaping with plant species which require minimal irrigation. d. All retaining walls shall be required to borrow or repeat the form, line, color, and texture of the surrounding terrain in order to appear as natural as possible. Prior to approval of a Precise Development Plan for a given phase of the project, the DPW - Land Use & Water Resources Division shall verify approval of tl1e detailed Slope Stabilization Plan and compliance with this condition to the Marin County Planning Commission ("Planning Colnmission"). (Geology and Soils, #5.1-l[a}) 2. As part of a Precise Development Plan application for a given phase of the project, the Applicant's engineers shall prepare and submit a comprehensive, detailed Grading Plan based on recommendations of a design-level geotechnical investigation for review and approval by the DPW -- Land Use & Water Resources Division. At a minimum, this Plan shall implement the following measures: a. Compacted fill slopes shall be designed to be no steeper than 2 to 1 (horizontal to vertical) and cut slopes shall be designed to be rounded in the upper few feet Page 1 of 41 i: lcurldrp lbos ILuca.sEx3. doc "EXHIBIT 3" ·; b. Proposed terraced slopes should be constructed with non-cemented rip-rap rather than designed with uniformly graded slopes, if structurally feasible. Terraces and slopes shall be planted with vegetation. c. Blasting of bedrock may be necessary in order to loosen rock during grading; however, alternatives to blasting are strongly encouraged. Where required, blasting shall be limited to the absolute minimum necessary. Alternatives to blasting shall be specified, such as ripping the rocks mechanically. If blasting bedrock is necessary, blasting shall be limited to the hours of 8:00a.m. to 5:00p.m., Monday through Friday. Please refer to Condition 24 for further restrictions related to blasting and grading during raptor nesting periods. d. Contours that closely resemble the current character of the hillside shall be used. Particularly in cut slope areas, it is important to reform the land in character with the , rolling topography that exists, rather than constructing engineered hillsides with even slopes and straight lines, e. The final design of graded slopes and berms shall be· required to borrow or repeat the form, line, color, and texture of the surrour:ding terrain in order to appear as natural as possible. Prj or to approval of a Precise Development Plan for a given phase of the project, the D PW - Laud Use & Water Resources Division shall verify approval of the detailed Grad.ing Plans and compliance with this condition to the Planning Commission. (Geology and Soils, #5.1-J{b}) 3. As part of a Precise Development Plan application that includes the reservoir expansion on Big Rock Ranch, a registered Civil Engineer shall prepare and submit a detailed Dam Plan for the . earthen reservoir dam for review and approval by the DPW -- Land Use & Water Resources Division. The Applicant also shall submit the detailed dam design to the State Department of Water Resources -- Divisions of Water Rights and Dam Safety for design approval. At a minimum, the detailed design of the dam shall implement the following measures: a. The detailed dam design shall include a section of the embankment, spillway, freeboard, - and storm-flood capacity. The design shall specifically identify any dam failure impacts and incorporate detailed measures that would mitigate these impacts. b. The active and dormant landslides present on and above the slopes that would be inundated by the. new reservoir surface elevation of 630 feet shall be completely repaired with excavation of the landslide debris material, addition of subsurface drainage improvements, and reconstruction of the slopes as compacted frll benched into weathered bedrock. c. The dam and spillway shall be sited so that they are supported on bedrock. d. A low-level outlet with an upstream slide gate for dewatering the reservoir in an emergency shall be provided at approximately the same elevation as the creek at the base of the reservoir. The off~stream spillway shall be designed at a sufficient height to accommodate the probable maximum flood plus two additional feet of freeboard, or an acceptable engineering equivalent. Page 2 of 41 i:\cur\drp \bos\LucasEx3. doc "EXHIBIT 3" " I· e. The final reservoir design shall be evaluated to minimize the combined 6% net Joss of water to the recharge of the alluvial stream aquifer and surface flows in Nicasio Creek tl1at would result from expansion of the reservoir. Prior to approval of a Precise Development Plan that includes the reservoir expansion on Big Rock Ranch, the DPW -- Land Use & Water Resources Division shall verify approval of the detailed Dam Plan and compliance with this condition to the Planning Commission. The State Department of Water Resources requires a complete and independent review of dam design and evidence of water rights before permitting construction that could take one year or more, followed by periodic inspections during construction. Prior to issuance of a dam permit, the State Department of Water Resources shall verify approval of the detailed dam design and compliance with this condition to the DPW -- Land Use & Water Resources Division. (Geology and Soils, #5.1-l[c]; Hydrology and Drainage, #5.2-3) · 4. Prior io issuance of a grading permit for a given phase of the project, a detailed, design-level Erosion Control Plan shall be prepared and submitted for review and approval by the DPW :. Land Use & Water Resources Division. This Plan shall be designed to reduce existing erosion and minimize new opportunities for erosion and off-site transport of eroded soils in stonnwater runoff. At a minimum, this Plan sha!I implement the following measures: a. All grading should be restricted to the dry season from April 15 to October 15. Adequate erosion control measures shall be provided on all disturbed areas during the rainy season from October 16 to April 14. All temporary erosion control measures required during the rainy season shall be installed by October 15. Please refer to Condition 24 for furtl1er restrictions related to grading during raptor nesting periods. b. All exposed, graded slopes shall be seeded (hydroseeded or broadcast with a belly grinder) and protected with a straw or other form of mulch to reduce raindrop impact and rill erosion. On steep slopes, brush wattling shall be used to prevent erosion and provide a stable base for vegetation establishment. c. Runoff shall be directed away from all areas disturbed by construction. Temporary sedhnent basins, sedhnent ponds, and 'Silt traps a11d basins shall be constructed where needed during project construction. These sediment retention facilities shall be maintained during constmction and, if necessary, upon project completion. d. Soil disturbance within Streamside Conservation Areas ("SCAs") shall be discouraged, except for stream restoration work. Where absolutely necessary, soil disturbance in the SCAs shall be limited to the smallest surface area and volume practical and for the shortest practical length of time. At road crossings in SCAs, a special effort shall be taken to stabilize soil surfaces. No soil or rock from road construction shall be deposited within an SCA. The use of heavy equipment near drainageways shall be minimized to prevent destruction of the local ecosystem and to prevent addition of sediment to the drainageways. e. Any channel restoration or stabilization work involving the introduction of fill into a channel and/or alterations to the existing channel bed and banks may require the acquisition of a fill permit from the U.S. Army Corps of Engineers, water quality certificate from the Regional Water Quality Control Board, and a 1603 Stream Alteration Agreement from the State Department of Fish and Game. Page 3 of 41 i:JcurJdrpJbosJLucasEx3.doc "EXHIBIT 3" f. Existing vegetation shall be left undisturbed until actual construction is ready to commence. g. The Applicant's hydrologist shall supervise all channel and tributary construction and shall make all decisions involving tree removal at streambank stabilization sites after conferring with a certified arborist, the restoration contractor, and the landscape architect. Trees shall be spared wherever possible and measures shall be taken to enhance the stability of locally threatened streambanks. Where a tree is in imminent danger of collapse or presents a real threat of extensive new bank erosion, removal shall be considered. In any event, the total number of trees removed shall not exceed the total number of trees identified for removal in the project EIR. h. All disturbed areas shall be immediately revegetated with native drought-, fire- and freeze tolerant plants or shall otherwise be adequately protected from both wind and water erosion upon the completion of grading activities. i. Other riparian plantings prescribed as part of the channel restoration and stabilization work approved as part of the Landscape and. Vegetation Management Plan required herein by Condition 13 shall be undertaken under the guidance of the project landscape architect and hydrologist. j. Surface drainage in overbank areas adjacent to graded slopes shall be collected in grass lined and/or -rocked swales and diverted to prescribed locations where it can be discharged with adequate energy dissipation to preclude bank' erosion and prevent the rill erosion on graded slopes. k. Energy dissipaters shall be constructed at all culvert outlets comprising of a mix of Caltrans "light" and quarter-ton rock. 1. Long-term drainage control shall be managed with suitably designed drainage control systems by sizing interceptor ditches and culverts to handle at least the 100-year design storm. m. The operation of vehicles or the riding of horses off of designated roads and trails shall be restricted, except to allow emergency access. Prior to issuance of a grading permit for a given phase of the project, the DPW -- Land Use & Water Resources Division shall review the Erosion Control Plan and verify compliance with this condition. Measures of the approved Erosion Control Plan shall be incorporated into the grading permit conditions of approval. The DPW -- Land Use & Water Resources Division will conduct p<;>riodic site inspections to verify ongoing compliance with this condition. This condition shall be incorporated into the Precise Development Plan conditions of approval. (Geology and Soils, #5.1-2; Hydrology and Drainage, #5.2-2[a] and #5.2-7) 5. Prior to final grading inspection for a given phase of the project, the Applicant and the County of Marin shall enter into a Standard Performance Agreement to implement a five-year maintenance and monitoring program for erosion control and channel stabilization and restoration measures approved in the Erosion·Control Plan required herein by Condition 4. This monitoring program shall include the following measures: Page 4 of 41 i: lcur!drp lbos !LucasEx3. doc "EXHIBIT 3" a. A yearly maintenance inspection of erosion control plantings shall be conducted prior to the onset of each rainy season from October 15 to April 15. Seeded areas that have not achieved a threshold of 60 percent cover shall be reseeded and appropriate surface protection reapplied to prevent the erosion of still exposed ground. b. All channel stabilization and restoration measures shall be inspected by June I of each year of the monitoring period. Any remedial work that may be required shall be reviewed and approved by the DPW --Land Use & Water Resources Division and completed by October 15. Prior to final grading inspection for a given phase of the project, the DPW -- Land Use & Water Resources Division shall verizy compliance with this condition. This condition shall be incorporated into the Precise Development Plan and grading permit conditions of approval. (Geology and Soils, #5.1-2; Hydrology and Drainage, #5.2-2[a) and #5.2-7) 6. Prior to issuance of grading or building permits for a given phase of the project, a structural engineer with experience in seismic safety shall design all structures to meet minimum Uniform Building Code and Marin County Code standards or better. Potential'liquefaction along Miller Creek at Grady Ranch shall be considered through geotechnical borings and testing. Seismic induced loads on the dam and reservoir at Big Rock Ranch shall be considered in the detailed plan for the earthen reservoir dam required herein by Condition 3. Prior to issuance of grading or building permits for a given phase of the project, the DPW -- Land Use & Water Resources Division and the Marin County Community Development Agency ("CDA ") -- Building Inspection Division shall verizy compliance with this condition. . This condition shall be incorporated into the Precise Development Plan conditions of approval. (Geology and Soils, #5.1-3) 7. Prior to issuance of a grading permit for grading in asbestos-containing serpentine rock, the Applicant shall prepare and submit a Health and Safety Plan for review and approval by the Bay Area Air Quality Management District ("BAAQMD") in consultation with the Regional Water Quality Control Board ("RWQCB"). This Plan shall be prepared in accordance with California Occupational Safety and Health Agency reqUirements as described in Title 8, §5192 of the California Code of Regulations. The Plan shall contain the means and methods for controlllng and monitoring airborne asbestos including, but not be limited to: a trained inspector shall be required to be on site during excavation to identizy serpentine rock; serpentine rock shall be disturbed as little as possible; travel over exposed serpentine areas shall be restricted to only that necessary for excavation; and other measures shall be included that relate to ongoing monitoring. The other measnres.that relate to ongoing monitoring include the following: a. Dust control on project haul roads shall be maintained at levels sufficient to prevent escape of fugitive dust out of the construction area. This shall be achieved by thorough watering in truck loading areas, vehicle access ramps, and wherever else in the construction area dust would be generated by grading activities. Dust control at active working serpentine faces that contain asbestiform minerals shall be maintained at levels sufficient to prevent escape of fugitive dust off site by frequent watering and close monitoring of wind conditions. If wind conditions make adequate dust control infeasible, construction in the serpentine working face shall be deferred until the wind subsides sufficiently to prevent off site fugitive dust. Page 5 of 41 i: lcurldrp lbos lLucasEx 3. doc "EXHIBIT 3" b. In the event that asbestiform minerals are discovered, the effectiveness of the asbestos control measures shall be monitored by collection of air samples during grading. Samples shall be collected by a Certified Industrial Hygienist at locations upwind, downwind, and in the construction area. If monitoring shows that exposure limits are exceeded, serpentine material exposed in active working areas shall be subject to further dust control measures, such as covering the exposed material at the end of each work day, sealing exposed serpentine with a stabilizing emulsion, watering the material to minimize wind erosion, or construction in serpentine areas shall be deferred until weather conditions allow the standard to be met. c. In the event that asbestiform minerals are discovered, air monitoring shall be conducted after grading to identify any on-site sources of airborne asbestos emissions that pose a significant risk. Sources identified as posing a significant risk shall be covered with clean fill and stabilized. Air monitoring shall be conducted after mitigation to verify that the risk has been reduced to a less-than-significant level. d. If serpentine rock that contains asbestil'orm minerals is discover::d during grading at Big Rock Ranch, water quality testing shall be conducted throughout the grading phase downstream of erosion control measures required herein by Condition 4. [f the required erosion control measures fail to contain asbestos in the construction area, testing shall be conducted at Nicasio Reservoir to ensure that the U.S. Environmental Protection Agency and California Primary Maximum Contaminant Level is not exceeded. The water quality testing program shall be subject to review and approval by the RWQCB. All grading permit applications for a given phase of the project shall indicate whether the grading associated with that phase would involve grading in asbestos-containing serpentine rock. Prior to issuance of a grading permit for grading in asbestos-containing serpentine rock, the BAAQMD and RWQCB shall. verify approval of the Health and Safety Plan and compliance with this condition to the DPW -- Land Use & Water Resources Division. The BAAQMD and RWQCB will conduct periodic site inspections during project grading to verify ongoing compliance with this condition. This condition shall be incorporated into' the Precise Development Plan condition< of approvaL (Geology and Soils, #5.1-4) 8. As part Of a Precise Development Plan application for a given phase of the project, the Applicant's engineers shall prepare and submit a design-level geotechnical investigation for review and approval by the DPW -- Land Use & Water Resources Division. At a minimum, the investigation shall include the following: a. Specifications for site preparation, fill placement, compaction, and subsurface drainage shall be described in detail. Specifications shall he based upon subsurface investigations, laboratory testing, and engineering analysis. This shall include a provision that all existing fill would be removed and replaced with properly compacted engineered fill. b. Site-specific recommendations for mitigation of expansive soils under pavements and structures shall be provided if expansive soils are found: This could inciude one or more of the following: Page 6 of 41 i:1cur1drp 1bos1LucasEx3. doc "EXHIBIT 3" -, (l) The upper two feet of expansive soils shall be moisture-conditioned to the optimum water content as defined by standard engineering practices plus three percent. Expansive soils may also be lime-treated to produce non-expansive fill. (2) Non-expansive fill shall be used in the upper two feet of building pads. (3) Structural foundations shall be founded below the zone of seasonal moisture change, and floors shall be structurally supported. c. The water lines to the water tanks shall be designed to accommodate anticipated movement without breaking, or in the event of breaking, to automatically shut off to prevent loss of water, and to be rapidly repaired to restore service. Specific design criteria to accommodate movement and/or breakage shall include the following measures: (1) Flexible joints and connections shall be provided to allow for distortion, and pipe thickness and strength (ductility) shall be provided to allow for movement and anticipated loads. (2) Trench backfill shall be utilized that would yield or reduce· passive pressures on the distorted pipes. (3) The depth of embedment shall be reduced to reduce pressures on the pipe. (4) Automatic shutoff valves shall be provided outside of the zone of potential movement. (5) Line gate shutc;>ff (diversion) valves shall be provided outside of automatic shutoff valves so that a fire hose connection can be made to temporarily restore service. (6) An emergency plan shall be developed to require inspection of the water lines following an earthquake and clear signage indicating location and operation of - emergency facilities. Alternately, landslides threatening the water line could be repaired. d. The investigation shall confirm that any grading performed for a given phase of the project is deemed the minimum necessary for construction associated with that phase and/or is deemed the minimum necessary to repair and stabilize existing, unstable geologic site conditions associated with that phase. Prior to approval of a Precise Development Plan for a given phase of the project, the DPW - Land Use & Water Resources Division shall verizy approval of the design-level geotechnical investigations and compliance with this condition to the Planning Commission. Prior to issuance of a grading pennit for a given phase of the project, the DPW -- Land Use & Water Resources Division shall verizy that recommendations of the approved design-level geotechnical investigation have been incorporated into the grading plans. The· DPW -- Land Use & Water Resources Division will conduct periodic site inspections to verizy ongoing compliance with recommendations of the design-level geotechnical investigation. (Geology and Soils, #5.1-5, #5.1-6 and #5.1-7) Page 7 of 41 i:lcurldrplbos!LucasEx3.doc "EXHIBIT 3" 9. As part of the Precise Development Plan application that includes the Main Office Building on Grady Ranch, the Applicant shall clearly demonstrate that all development, including utility lines and walkways (but not including stream restoration work), near the soutl1east corner of the Main Office Building is outside of tli.e Streamside Conservation Area of Grady Creek which is defined as a 50-foot lateral setback from the top of bank. (For reference, Grady Creek is shown on Exhibit 2.0-3 of Volume 1 of the project EIR.) The Marin Municipal Water District ("MMWD") requires a 20-foot wide right-of-way over all water mains for access and maintenance purposes, including the proposed main along tl1e eastern side of the Main Office Building that leads to tl1e water tank north of the building. The 20-foot wide utility right-of-way should be located outside of the SCA. This 20-foot width requirement possibly could be reduced upon consultation with the MMWD if access requirements can be met. Prior to approval of the Precise Development Plan application that includes the Main Office Building on Grady Ranch, the CDA -- Planning Division shall verify compliance with this condition to the Planning Commission. (Hydrology and Drainage, #5.2-Z{cj) 10. As part·of tbe first Precise Development Plan application for Big Rock Ranch, the Applicant shall confirm the quality of the well water supply for domestic needs. Well water shall be analyzed for aluminum and nitrate as N03 to determine if the water meets State Drinking Water Standards. If the well water quality is found to be in violation of these standards, ireatmeut of the domestic water supply shall be required to reduce aluminum and nitrate to acceptable levels. The method of such treatment shall be determined by the Applicant and could include such processes as reverse osmosis or ion exchange. Prior to approval of the first Precise Development ·Plan for Grady Ranch, the CDA -- Environmental Health Services Division shall veril'y compliance with this condition to the Planning Commission. (Hydrology and Drainage, #5.2-6) 11. Prior to issuance of a grading permit for a given phase of the project, the Applicant shall implement the following water quality protection measures: a. If required, the Applicant shall obtain coverage under the General Construction Activity Storm Water ("GCASW") permit for construction-related storm water discharges from the State Water Resources Control Board. Provisions of the GCASW permit would prohibit - increases in off-site sedimentation or turbidity within receiving waters during project construction. b. If required, the Applicant shall obtain a National Pollutant Discharge Elimination System ("NPDES") non-point source pollution control permit from the Regional Water Quality Control Board ("RWQCB"). c. Best Management Practices ("BMPs") shall be incorporated into a long-term site management program to remove non-point source pollutants in stormwater runoff. At a minimum, oil and grease traps shall be installed, where needed, in the storm drain systems that serve the parking areas to remove accumulated petrochemical contaminants. Traps shall be installed, where needed, at selected gutter inlets along access roads. Other BMPs may be implemented in accordance with compliance provisions of the RWQCB in order to ·obtain a NPDES non-point source pollution control permit. A long-term maintenance schedule for the oil and grease traps shall be developed in consultation with the RWQCB and the DPW --Land Use & Water Resources. Page 8 of 41 i:\cur\drp\bos\Lucas£x3. doc "EXHIBIT 3" d. A road and parking area cleaning and sweeping program shall be developed to ensure tl1e proper removal and disposal of accumulated petrochemical contaminants, particularly in the parking areas. e. Storage tauks and other hazardous material sites shall be monitored m accordance with applicable County and State regulations. f. In conjunction ·.vith the Erosion Control Plan required herein by Condition 4, grading permits shall include a Surface Runoff Pollution Control Plan that addresses both interim (during construction) and final (post construction) control measures. The specific measures to be utilized shall be ·subject to the review and approval of the DPW -- Land Use & Water Resources Division and shall be in general accordance with the current "Surface Runoff Pollution Control Plan for the Cities and County of Marin." The Plan should also be reviewed by the RWQCB for comment. The Applicant shall submit copies of any approved GCASW permit and NPDES permit (if required) to the DPW-- Land Use & Water Resources Division. Monitoring of water pollution control measures required under these permits would be conducted as specified in the permit approvals. Prior to the issuance of a grading permit for a given phase o"'f the project, the DPW - Land Use & Water Resource Division shall review the Surface Runoff Pollution Control Plan and grading plan to verify compliance with this condition. The DPW -- Land Use & Water Resources Division will conduct subsequent site inspections to verify that required water quality protection measures have been implemented in conformance with approved plans. This condition· ·shall be incorporated into the Precise Development Plan conditions of approval. (Hydrology and Drainage, #5.2-8) 12. As part of the first Precise Development Plan application for Big Rock Ranch, the Applicant shall prepare and submit for review and approval by the CDA -- Environmental Health Services Division a report on the proposed leachfield site to ensure that the leachfield is properly located. At a minimum, this report shall include the following information: a. Results of groundwater monitoring during winter and summer shall be provided to determine groundwater depth below and around the proposed leach field. b. Surface water drainageways near the leachfield shall be delineated to ensure proper setbacks from the leachlines. c. Calculations of the long-term mounding of leach water under the leachfie!d shall be provided. d. An estimate of the salt, nitrogen, nutrient addition, and possible bacteriological and toxic chemical effects of the proposed leachfield shall be provided. If the report shows that water quality problems could be created by the leach field, a new site shall be selected and a similar report examining the new site shall be prepared and submitted for review and approval by the CDA --Environmental Health Services Division during review of the Precise Development Plan for Big Rock Ranch. Prior to approval of the first Precise Development Plan for Big Rock Ranch, the CDA -- Environmental Health Services Division shall Page 9 of 41 i: icuridrp !basiL ucasEx3. doc "EXHIBIT 3" verif'y compliance with this condition to the Planning Commission. (Hydrology and Drainage, #5.2-9) 13. As part of a Precise Development Plan application for a given phase of the project, a qualified landscape architect shall prepare and submit a detailed Landscape and Vegetation Management Plan for review and approval by the CDA -- Planning Division. The Plan shall be prepared in consultation with a qualified biologist experienced in management of native species and shall: (1) provide for re-establishment of native vegetation on graded slopes around the fringe of proposed development; (2) provide details on native plantings associated with proposed restoration, enhancement, and mitigation; (3) establish a program to salvage suitable native plants for use in landscaping and revegetation; (4) identifY unsuitable species which should not be used in landscaping; (5) control the establishment and spread of introduced broom; and (6) specifY long term management provisions to ensure re-establishment of vegetation. In addition, the Plan shall implement the following measures: a. Landscaping and revegetation shall emphasize the use of native plant species along the fringe of all graded areas and around the perimeter of the expanded reservoir on Big Rock Ranch. Suitable species along the fri<~ge of all graded areas shall include, but not be limited to: California buckeye (Aesculus califomica), California· rose (Rosa californica), toyon (Heteromeles arbutifolia), common rush (]uncus patens), creeping wildrye (Leymus triticoides), and purple needlegrass (Nassella pulchra). Suitable native plant species around the perimeter of the expanded reservoir shall include, but not be limited to: cattail (Typha domingensis), common tule (Scripus acutus), iris-leaved rush (}uncus xip/Jioides), and California blackberry (Rubus vitifolius). b. Suitable native sapling trees, shrubs, and groundcovers to be removed by the project shall be salvaged before grading and used for landscaping and revegetation. The anticipated limits of grading shall be flagged, and native plants suitable for use in the salvage program shall be marked, carefully removed, and stored. The salvaged plants could be maintained on site during initial grading and transplanted to selected areas at the appropriate time of the year (generally October and November) following final grading. On-going maintenance of the salvaged plants shall be provided as necessary to ensure rP establishment. c. Non-native ornamental plant species used in landscaping shall be restricted to the immediate vicinity of proposed structures and access roads. Use of non-native, invasive species which may spread into adjacent undeveloped areas, shall be prohibited in landscaping plans. Unsuitable species include, but are not limited to: blue gum eucalyptus (Eucalyptus globulus), acacia (Acacia spp.), pampas grass (Cortaderia selloana), broom (Cytisus spp.), gorse (Ulex europaeus), bamboo (Bambusa spp.), giant reed (Arundo donax), English ivy (Hedera helix), German ivy (Senecio milanioides), and periwinkle (Vinca spp.). d. Species used in the "Woodland Tree Mass" plantings, as shown on the preliminary landscape plans of the Master Plan, shall be native to Marin County. Suitable native tree species in the Woodland Tree Mass plantings shall include, but not be limited to: California buckeye (Aesculus californica), coast live oak (Quercus agrifolia), and valley oak (Quercus lobata). Proposed non-native tree species, such as horse chestnut (Aesculus Page10of41 i: JcurJdrp lbos JLucasEx3. doc "EXHIBIT 3" hippocastanum) and a variety of oaks (Quercus coccinea, Q. ilex and Q. rubra), shall not be used in tl1e Woodland Tree Mass plantings. Prior to approval of a Precise Development Plan for a given phase of the project, the CDA ·__ Planning Division shall verify approval of the detailed Landscape and. Vegetation Management Plan and compliance with this condition to the Planning Commission. (Biological Resources, #5.3-l[a]) 14. It is anticipated that the project would be developed in given phases. It is likely that grading for the entire development area of each site would occur when eitl1er Grady Ranch or Big Rock Ranch is developed to stabilize unstable slopes and provide fill for the proposed berms and dam, though not all buildings would be constructed at that time. Accordingly, all project-related grading and landscaping shall be done in the shortest thne feasible to minimize erosion and visual impacts. Prior to final grading inspection and/or issuance of a Certificate of Occupancy for a given phase of the project, whichever occurs first, the Applicant and the County of Marin shall enter into a Standard Performance Agreement to implement a five-year monitoring program by a qualified biologist for landscaping approved in the Landscape and Vegetation Management Plan required herein by Condition 13. This monitoring program shall include the following additional measures: a. Graded slopes and areas disturbed as part of the project shall be monitored to prevent establishment and spread of French and Scotch broom. The monitoring. program si1all include annual late winter removal of any rooted plants when soils are saturated and cutting · back of any remaining flowering plants in the spring before seed begins to set in late April. b. Provisions for maintenance of landscaping and revegetation of graded slopes shall be specified with replacement plantings and seeding to ensure re-establishment of vegetation cover. Prior to final grading inspection and/or issuance of a Certificate of Occupancy for a given phase of the project, whichever qccurs first, the CDA --Planning Division shall verify compliance with this condition. This condition shall be incorporated into the Precise Development Plan conditions of approval. (Biological Resources, #5.3-1 [a])· 15. As part of the ·first Precise Development Plan application, the Applicant shall develop measures that prevent vehicle access to open space areas, in consultation with the Marin County Open Space District, to protect native grasslands and other vegetation. Vehicles, motorcycles and bicycles shall not be allowed to travel off designated roads and trails. Barriers shall be provided where vehicle access to open space areas may be possible. Witl1 exception to emergencies, Lncasfilm vehicles shall be prohibited from traveling off improved roads and trails. Prior to approval of the first Precise Development Plan, the Open Space District shall verify approval of the vehicle access prevention measures and compliance with this condition to the Planning Commission. Approved vehicle access prevention measures shall be incorporated into tl1e Precise Development Plan conditions of approvaL (Biological Resources, #5.3-J[b]) 16. As part of a Precise Development Plan application for a given phase of the project, the Applicant shall perform and submit an engineering survey of all trees with trunk diameters of four inches or greater, measured at 4.5 feet above grade, within 50 feet of the limits of grading. Where feasible from an engineering and geotechnical standpoint and warranted based on the good to excellent Page 11 of 41 J:lcurldrplbos!LucasEx3.doc "EXHIBIT 3" health and structure of the tree, trees near the limits of anticipated grading shail be preserved and protected to the maximum extent feasible. Individual specimen-sized trees shall be preserved through the use of retaining walls, short oversteepened slopes, and other methods. Protection of larger native trees with trunk diameters exceeding 24 inches shall take precedence over smaller live oaks and California bays which are abundant. The tree survey shall be incorporated as a component of the Landscape and Vegetation Management Plan required herein by Condition 13. Prior to approval of a Precise Development Plan for a given phase of the project, the CDA - Planning Division shall verify approval of the tree survey and compliance with this condition to the Planning Commission. (Biological Resources; #5.3-2[aj) 17. As part of the Precise Development Plan application that includes grading for the Ancillary Building and/or associated access improvements on Grady Ranch, the Applicant's engineers shall prepare and submit a comprehensive, detailed Grading Plan as required herein by Condition 2 for review and approval by the DPW --Land Use & Water Resources Division. As part of this Plan, proposed grading to accommodate the Ancillary Building and associated access improvements shall be modified to protect the numerous specimen-sized trees to the east of the building footprint. The existing grade in the vicinity of the trees shall be retained to avoid tree loss. This may require adjustments to the building footprint and alignment of the access roads to the building. Please refer to Condition 24 for restrictions related to grading during raptor nesting periods. Prior to approval of the Precise Development Plan application that includes grading for the Ancillary Building and/or associated access improvements on Grady Ranch, the DPW-- Land Use & Water Resources Division shall verify approval of the detailed Grading Plans and compliance with this condition to the Planning Commission. (Biological Resources, #5.3-2[b}) 18. As part of a Precise Development Plan application for a given phase of the project, a certified arborist shall prepare and submit detailed tree preservation guidelines to control possible damage to trees to be retained during grading for review and approval by the CDA -- Planning Division. The location of tree trunks to be retained within 50 feet of the limits of grading shall be mapped by an engineering survey as required herein by Condition 16, and the trees shall. be identified in the field through flagging or other marking method prior to any grading. The tree preservation guidelines, to be incorporated as a component of the "Landscape and Vegetation Management Plan - required herein by Condition 13, shall include the following measures: a. Grading within 1.5 times the width of a tree dripline should be avoided and any encroachment closer than one-third the distance from the dripline to the trunk shall be prohibited. Restrictions on the limits of grading, adjustments to the final grade of cut and fill slopes, and retaining walls shall be used to protect individual trees worthy of preservation. b. Temporary fencing shall be provided along the outermost edge of the dripline of each tree or group of trees to be retained in the vicinity of grading to avoid compaction of the root zone and mechanical damage to trunks and limbs. c. Paving within a tree dripline shall be prohibited or stringently minimized. Use of porous materials snell as gravel, loose boulders, cobbles, wood chips, or bark mulch should be utilized for necessary access improvements within a tree dripline. d. Trenching within a tree dripline shall be prohibited. Utility lines within a tree drip line shall be installed by boring or drilling through the soil. Page 12 of 41 i: lcurldrp lbos ILucasEx 3. doc "EXHIBIT 3" e. The amount of landscape in·igation within a tree dripline shall be minimized by prohibiting turf or any landscaping with high water requirements and limiting permanent irrigation improvements to bubbler, drip, or subterranean systems. f. Storage of construction equipment, materials, and stockpiled soils shall be prohibited within a tree dripline. Prior to approval of a Precise Development Plan for a given phase of the project, the CDA - Planning Division shall verity approval of the detailed tree preservation guidelines and compliance with this condition to the Planning Commission. Measures of the approved tree preservation guidelines shall be incorporated into the Landscape and Vegetation Management Plan and grading permit conditions of approval. (Biological Resources, #5.3-2[c]) 19. As part of a Precise Development Plan for a given phase of the project, the Applicant shall prepare and submit a tree replacement plan to provide for replacement of native trees with trunk diameters exceeding 12 inches (measured at 4.5 feet above grade) to be removed for review and approval by the CDA -- Planning Division. The tree replacement plan, to be incorporated as a component of the Landscape and Vegetation Management Plan required herein by Condition 13, shall include the following measures: a. Oaks shall be replaced at a ratio of 5 to 1 (ratio of replacement trees to number of trees removed). This ratio maybe reduced to 3 to 1 if young replacement trees or saplings are salvaged from the site or grown from a locally-collected seed source as specified in Conditions 19(d)and (e) below. b. All other native tree species shall be replaced at a ratio of 3 to 1. c. Species composition of plantings in the tree replacement plan shall be consistent with the percentage of each tree species removed. If off-site nursery stock is used for replacement plantings, the plants shall be seedlings, preferably with a container size of one-gallon or - smaller. d. Young trees and saplings with trunk diameters of less than 12 inches (measured at 4.5 feet above grade) within the limits of grading shall quality as replacement plantings if successfully salvaged and transplanted as part of revegetation. Use of on-site salvage trees for replacement plantings would serve to preserve younger trees and protect the genetic integrity of the native species. Trees from a local source, particularly seedlings, typically have a higher success rate for re-establishment than nursery stock due to their adaptation to local conditions. Due to the benefits of using local plant material, salvage of young oaks .shall be encouraged by reducing the required replacement ratio from 5 to 1 to 3 to I where on-site oaks are used as replacement plantings. e_ A program to collect on-site seed and grow seedlings for use shall be considered as part of the tree replacement plan. Seed would be collected on site in the fall months, planted in temporary containers, and maintained for a period of one or more years until seedlings are ready for planting. As with the salvage plantings, oak seedlings grown from an on-site seed source would be preferable to off-site nursery stock, and this program shall be Page13of41 i:lcurldrplbos1LucasEx3.doc "EXHIBIT 3" encouraged by reducing the required replacement ratio from 5 to I to 3 to l where seedlings from on-site collection are used as replacement plantings. f. If mature trees with trunk diameters of 12 inches or greater (measured at 4.5 feet above grade) proposed for removal are successfully salvaged and transplanted, no additional replacement shall be required. Prior to approval of a Precise Development Plan for a given phase of the project, the CDA - Planning Division shall verify approval of the tree replacement plan and compliance with this condition to the Planning Commission. (Biological Resources, #5.3-2[d}) 20. It is anticipated that the project would be developed in given phases. It is likely that grading for . the entire development area of each site would occur when either Grady Ranch or Big Rock Ranch is developed to stabilize unstable slopes and provide fill for the proposed berms and dam, though not all buildings would be constructed at that time. Accordingly, all project-related grading and tree replacement landscaping shall be done in the shortest time feasible to minimize erosion and visual impacts. Prior to final grading inspection and/or issuance of a Certificate of Occupancy for a given phase of the project, whichever occurs first, the ~pplicant and the County of Marin shall enter into a Standard Performance Agreement to implement a five-year monitoring program for tree replacement landscaping. Any mature salvaged trees with trunk diameters of 12 inches or greater (measured at 4.5 feet above grade) that die within this time period shall be replaced at the respective 5 to I or 3 to 1 ratios required herein by Condition 19. Any salvaged young trees and saplings (trees with trunk diameters of less than 12 inches), locally-collected and grown seedlings, or nursery stock plantings lost within this time period shall be replaced at a I to 1 ratio on an annual basis. Prior to final grading inspection and/or issuance of a Certificate of Occupancy for a given phase of the project, whichever occurs first, the CDA -- Planning Division shall verify compliance with this condition. This condition shall be incorporated into the Precise Deve~opment Plan conditions of approval. (Biological Resources, #5.3-2[dj) 21. As part of a Precise Development Plan application for a given phase of the project, a qualified biologist experienced in grassland restoration using purple needlegrass (Nassel/a pulchra) shall prepare and submit a grassland restoration and enhancement plan for review and approval by th~ CDA -" Planning Division that provides for replacement of native grasslands disturbed by proposed development and emphasizes the use of purple needlegrass. The grassland restoration and enhancement plan, to be incorporated as a component of the Landscape and Vegetation Management Plan required herein by Condition 13, shall include the following measures: a. Native grasslands disturbed by proposed development shall be restored and replaced at a minimum ratio of 1 to 1 with replacement provided on a per acre basis for each cover class lost. Success criteria for replacement shall provide for establishment of native grasslands which meet or. exceed the cover class of the existing stands lost as a result of development. b. Replacement grasslands shall be located in close proximity to the disturbed grassland stands, and to the degree feasible, shall serve to revegetate graded slopes above the new dam and the Archives Building on Big Rock Ranch and north of the Main Office Building on Grady Rancli. c. Prior to grading, the limits of grading in the vicinity of stands of native grasslands shall be clearly staked with color"coded flagging set at 50-foot intervals. Disturbance from grading Page 14 of 41 i: lcurldrp lbosiLucasEx 3. doc "EXHIBIT 3" equipment operation, storage, or other activities shaH be prohibited beyond the approved limits of grading. d. Landscape tree plantings shall be restricted ·from existing and restored native grassland areas.· This includes the "Woodland Tree Mass" plantings, as shown on the preliminary landscape plans of the Master Plan, on slopes north of the Main Office Building on Grady Ranch, the "Conifer Tree Mass" plantings in the narrow ravine south of the reservoir on Big Rock Ranch, and the Woodland Tree Mass plantings northwest of the Archives Building on Big Rock Ranch. e. Cattle shall be restricted from the native grasslands associated witl1 the serpentine rock outcrop south of the reservoir on Big Rock Ranch to minimize disturbance of this sensitive resource. Exclusionary fencing shall be provided that should parallel tl1e ravine just easr of the existing dam, extend south up to an elevation of at least 775 feet, then west approximately 1,000 feet to the edge of the native grassland, and then north to rhe proposed deer fencing south of Dairy Creek. (For reference, Dairy Creek is shown on Exhibit 2.0-4 of Volume 1 of the project EIR.) f. The plan shall identify the restoration and enhancement areaS" and acreage; specify in greater detail performance criteria, maintenance and long-term management responsibilities, monitoring requirements, and contingency. measures; and define site preparation, revegetation procedures, and an implementation schedule. Prior to approval of a Precise Development Plan for a given phase of the project, the CDA Planing Division. shall verify approval of the grassland restoration and enhancement plan and compliance with this condition to the Planning Commission. A condition of approval for the Precise Development Plan shall require the Applicant and the County of Marin to enter into a Standard Performance Agreement to implement a five-year monitoring program by a qualified biologist to ensure grassland restoration and enhancement upon completion of gr,ading and landscaping, and prior to final grading inspection and/or issuance of a Certificate of Occupancy for a given phase of the project, whichever occurs first. (Biological Resources, #5.3-3) 22. As part of a precise Development Plan application for a given phase of the project, a qualified landscape architect shaH prepare and submit a detailed Landscape and. Vegetation Management Plan for review and approval by the CDA -• Planning Division as required herein by Condition 13. As part of this Plan, the following wildlife protection measures shall be implemented: a. Disturbance within stream corridors shall be limited to protect their function as sensitive wildlife habitat. Pedestrian pathways, lighting, ornamental landscaping, and other improvements shall be restricted to a minimum of 100 feet from channel banks, except along the west bank of Grady Creek where a 50-foot setback would be adequate due to its degraded state from past ranching activities. (For reference, Grady Creek is shown on Exhibit 2.0-3 of Volume 1 of the project EIR.) Understory vegetation and shrubs shall be retained and enhanced within the corridors to the maximum extent possible to provide protective cover and discourage human disturbance. Suitable species which may be planted at roadway crossings and along c.hannel banks to discourage human access include, but are not limited to, dense plantings of willow (Salix lasiolepis), elderberry (Sambucus caerulea), and California blackberry (Rubus vitifolius). Page 15 of 41 i: lcurldrp lboslLucasEx3. doc "EXHIBIT 3" b. Proposed pedestrian paths along the edge of the expanded reservoir on Big Rock Ranch shall be restricted to the northern side of the reservoir only. Pedestrian access along the southern side of the reservoir shall be prohibited to minimize distnrbance to wildlife. c. Dense emergent vegetation shall be established around the perimeter of the reservoir on Big Rock Ranch to provide protective cover and enhance wildlife habitat value. d. Methods to exclude deer from the development areas shall be coordinated with, and meet with the approval of, the California Department of Fish and Game. The importance of maintaining wildlife corridors along stream channels and across valicy floors must be balanced with long-term management problems and damage to landscape improvemems from deer. The proposed location of exclusionary deer fencing around the perimeter of the development areas shall be adjusted to preserve important wildlife movement corridors on Grady Ranch and to maintain partial access to the reservoir on Big Rock Ranch. Modifications to the alignment of exclusionary fencing shall include the following: (1) Wildlife access along Landmark Creek shall be maintained by ending the exclusionary fencing at the northeast bank of this stream. (For reference, Landmark Creek is shown on Exhibit 2.0-3 of Volume 1 of the project"EIR.) This would leave the Ancillary Building and surrounding hillside slopes outside the exclusionary fencing, reducing the extent of restricted habitat by almost 30 percent and providing access along an important tributary drainage. (2) A north-south wildlife movement corridor shall be provided between the eastern properly boundary of Grady Ranch and Grady Creek. (For reference, Grady Creek is shown on Exhibit 2.0-3 of Volume 1 of the project EIR.) Exclusionary fencing could follow the east side of Grady Creek from the confluence with Miller Creek to an elevation of approximately 240 feet, then up the spur ridge along the eastern edge of the dense forest habitat. A minimum of 100 feet shall be provided between the properly boundary and the exclusionary fencing at an elevation of approximately 335 feet to maintain the top of the spur ridge as an open corridor. At an elevation of - approximately 400 feet, the exclusionary fencing should veer from the spur ridge and drop back down to the Grady Creek channel, following the contour interval, crossing the creek channel, and intersecting with the exclusionary fence alignment on the west side of Grady Creek. · (3) Wildlife access shall be maintained on the south side of the reservoir on Big Rock Ranch. Exclusionary fencing could be screened behind landscaping on the southern end of the new dam and the fencing could drop down into the reservoir. The exclusionary fencing could then continue near the tributary drainage which converges with Dairy Creek just sonth of the western structure of the Main Office Building. (For reference, Dairy Creek is shown on Exhibit 2.0'4 of Volume 1 of the project EIR.) . Prior to approval of a Precise Development Plan for a given phase of the proJect, the CDA - Planning Division shall verizy approval of the wildlife protection measures and compliance with this condition to the Planning Commission. (Biological Resources, #5.3-5[a}, #5.3-5[b), #5.3- 5[c] and #5.3-5[d]) Page 16 of 41 i:lcurldrp lbos !Lucas Ex 3. doc "EXHIBIT 3" 23. As part of a Precise Development Plan application that includes the reservoir expansion on Big Rock Ranch, a qualified biologist shall prepare and submit a special-status plant protection plan for review and approval by the CDA -- Planning Division that provides for the protection of the populations of Tiburon buckwheat (Eriogonum /uteo/um var. caninum), Marin western flax (Hesperolinon congestum), and woolly-headed lessingia (Lessingia ho/oleuca) associated with tl1e serpentine formation south of the reservoir. The special-status plant protection plan, to be incorporated as a component of the Landscape and Vegetation Management Plan required herein by Condition 13, shall include the following measures: a. Repair of the landslide to the south of the new dam shall be monitored by the biologist to ensure that disturbance to special-status. plant populations is avoided. Prior to grading, the limits of grading in the vicinity of the serpentine formation shall be clearly staked witl1 color-coded flagging set at 50-foot intervals. Disturbance from grading equipment operation, storage, or other activities shall be prohibited beyond the approved limits of grading. b. Pedestrian access to the serpentine formation on the south side of the reservoir shall be prohibited to minimize the potential for trampling and disturbance to tl1e special-status plant populations. c. Signage shall be provided at the edge of the serpentine formation near the southeastern end of the new dam that indicates the presence of special-status plant populations, sensitivity of the serpentine grassland community, importance of minimizing disturbance in the general area, and prohibiting pedestrian traffic around the southern edge of the reservoir. Prior to approval of a Precise Development Plan that includes the reservoir expansion on Big Rock Ranch, the CDA -- Planning Division shall verify approval of the special-status plant protection plan and compliance with this condition to the Planning Commission. A condition of approval for the Precise Development Plan shall require the Applicant and the County of Marin to· enter into a Standard Performance Agreement to implement a five-year monitoring program by a qualified biologist to ensure special-status plant protection upon completion of grading and - landscaping, and prior to final grading inspection and/or issuance of a Certificate of Occupancy for a given phase of the project, whichever ocoors first. ·(Biological Resources, #5.3-6[a]) 24. Prior to issuance of a grading permit for a given phase of the project, a pre-grading raptor nest survey report shall be prepared and submitted by a qualified biologist for review and approval by the CDA -- Planning Division if grading would occur during raptor nesting periods (January I 5 through August 14). Trees containing active raptor nests within the limits of grading shall be avoided and retained until young birds are able to leave the nest (i.e., fledge) and forage on their own. Avoidance shall be accomplished either by scheduling grading and tree removal during tlie non-nesting period (August 15 through January 14), or if this is not feasible, by conducting the pre-grading survey for active raptor nests. If grading is scheduled during the nesting period, the biologist-- approved by the County and paid for by the Applicant-- shall conduct the pre-grading raptor survey to confirm the presence or absence of active nests in the vicinity of proposed grading. If any active nests are present, species-specific recommendations shall be prepared by the biologist and implemented to prevent abandonment of the active nest. At a minimum, grading or other disturbance within 300 feet of the nest shall not be permitted until the biologist has confrrmed that the young raptors have fledged and are self-reliant foragers. As necessary, representatives of the California Department of Fish and Game and the U. S. Fish and Wildlife Page 17 of 41 i: lcur\drp lbos\LucasEx3. doc "EXHIBIT 3" Service shall be consulted regarding appropriate construction restrictions, building setbacks, landscape screening and other methods to ensure compliance with the Migratory Bird Treaty Act and the State Fish and Game Code. Prior to issuance of a grading permit for a given phase of the project, the CDA -- Planning Division shall verify compliance with this condition. Recommended measures of the report shall be incorporated into the grading permit conditions of approval. This condition shall be incorporated into the Precise Development Plan conditions of approval. (Biological Resources, #5.3-6[b]) 25. Prior to issuance of grading and dam permits for the Big Rock Ranch reservoir, the existing western pond turtle population at the reservoir shall be preserved through creation of a temporary impoundment at the reservoir or through temporary relocation of the turtles to the reservoir at Skywalker Ranch. Implementation of either option shall be performed by a qualified wildlife biologist familiar with the western pond turtle. The biologist shall be responsible for overseeing construction of a temporary impoundment on site, relocating any turtles stranded within the receding reservoir during dewatering to an on-site impoundment or to the Skywalker Ranch reservoir, and relocating the turtles once the Big Rock Ranch reservoir is completed and surface water habitat·has been restored. Details of each preservation option are summarized as follows: a. If the temporary, on-site impoundment option is used, the impoundment shall be created within a· portion of the existing reservoir to provide for suitable turtle habitat during dewatering and dam reconstruction. The impoundment shall -preferably be created along the southwestern edge of the reservoir, near the confluence of Big Rock and Diary Creeks, where surface water from the streams should provide a continuous flow into the impoundment and access by turtles to the existing open water habitat of the reservoir would be possible. (For reference, Big Rock and Dairy Creeks are. shown on Exhibit 2.0-4 of Volume 1 of the project EIR.) The impoundment shall encompass a minimum of 4,000 square feet, with side slopes no steeper than 2 to I (horizontal to vertical), and a depth of at least four feet. Several artificial islands or anchored rafts shall be created within the impoundment to provide protected haulout areas for turtles. The impoundment shall be fenced to restrict access by cattle. b.. If turtles are temporarily relocated to the reservoir at Skywalker Ranch, they shall be collected during dewatering of the existing reservoir.' Several artificial islands or anchored rafts shall be installed within 20 feet of the shoreline of the existing pond to provide protected haulout areas for turtles. Use of live traps would most likely be required to relocate turtles back to the existing reservoir on Big Rock Ranch. Prior to issuance of grading and dam permits for the Big Rock Ranch reservoir, the CDA - Planning Division shall verify compliance with this condition. This condition shall be incorporated into the Precise Development Plan, grading pennit, and dam permit conditions of approval for Big Rock Ranch (Biological Resources, #5.3-6[c]) 26. As part of a Precise Development Plan application for a given phase of the project, a qualified wetlands consultant shall prepare and submit a detailed wetlands protection, replacement, and restoration plan for review and approval by the CDA -- Planning Division, California Department ofFish and Game ("CDFG"), and the U.S. Army Corps of Engineers ("USACOE"). The wetlands plan shall clearly identify total wetlands and other jurisdictional areas affected by the project and provide for re-establishment, enhancement, and/or replacement of wetland Page 18 of 41 i:\cur\drp \bas \LucasEx3. doc "EXHIBIT 3" ;j --~-~- .. -r --~~ habitat. The plan, to be prepared as a component of the Landscape and Vegetation Management Plan required herein by Condition 13, shall implement the following measures: a. The location(s) of wetland restoration and replacement areas shall be identified. Wetlands shall be restored and replaced at a minimum ratio of 2 to 1 with replacement provided on a per acre basis, resulting in restored or created wetlands with a higher habitat value. b. Detailed performance criteria, maintenance and long-term management responsibilities, monitoring requirements, and contingency measures shall be specified. c. The site preparation and revegetation procedures, an implementation schedule, and funding sources to ensure long-term management of the wetlands plan shall be defined. Prior to approv.al of a Precise Development Plan for a given phase of the project, the CDA - Planning Division, CDFG and USACOE shall verify approval of the wetlands protection. replacement, . and restoration plan and compliance with this condition to the Planning Commission. A condition of approval fur tne Precise Development Plan shall require the Applicant and the County of. Marin to enter into a Standard Performance Agreement to implement a five-year monitoring program by a qualified biologist to ensure wetlands protection, replacement, and restoration upon completion of grading and landscaping, and prior to final grading inspection and/or issuance of a Certificate of Occupancy for a given phase of the project, whichever occurs. first. (Hydrology and Drainage, #5.2-2[a]; Biological Resources, #5.3-7) 27. As part of the first Precise Development Plan application, a qualified agriculturalist experienced in Marin County agriculture shall prepare and submit an Agricultural Management Plan for review and approval by the CDA -- Planning Division. The Plan shall demonstrate how continued, long-term agricultural use of all avai!able, agriculturally-productive land, to the extent !hat lhe Applicant owns or controls the land, wtside of the proposed development areas on bolh ranches and the 187-acre private open space area on Grady Ranch shall be n;1aintained and enhanced and, at a minimum, it shall include the following: a. A list of permitted and non-permitted uses and practices shall be provided. Permitted uses · could include pasturing, grazing, feeding, and care of livestock and planting, raising, and harvesting. .of agricultural crops. b. Pursuant to Section 23.03.050(c) of Marin Counly Code, the Applicant shall sign a statement of acknowledgment which discloses that normal agricultural operations in the site's agricultural conservation area would not constitute a "nuisance" to non-agricultural operations on site. The CDA -- Planning Division shall provide lhe appropriate form which shall be· recordeq in the Marin Counly Recorder's Office prior to issuance of a Certificate of Occupancy. c. A list of management practices that will maintain or improve lhe long-term productivity of the site shall be provided. Maintenance practices could include rotation grazing, avoiding steep slopes, and cattle trail maintenance to avoid erosion. d. Monitoring procedures to ensure present range conditions and range trends over the long term shall be provided. Monitoring procedures could include measuring the residual dry Page 19 of41 i: \cur\drp lbos!LucasEx3. doc "EXHIBIT 3" matter at the end of the summer grazing period (prior to fall rains), measuring plant species composition, and collecting forage productivity data. e. The locations of high-impact areas that receive a high degree of trampling, such as feeding and watering facilities or salt licks, shall be indicated. If possible, these facilities should be located to be visually unobtrusive from public vantage points. f. A list of management practices to limit erosion and siltation in drainage areas shall be provided. g. Groundwater and other water sources for agricultural use shall be identified. h. The locations, sizes, utilities, and roads needed for agricultural support facilities shall be indicated. i. Fencing requirements, including details of such features as self-closing gates, shall be provided. j. The locations of native grasslands prohibited to cattle grazing, as specified in the grassland restoration and enhancement plan required herein by Condition 21, shall be indicated. k. Tbe locations of any circulation improvements necessary to permit agricultural use shall be indicated. L An opinion shall be provided as to whether public trails through areas to be leased for cattle grazing would significantly impact or interfere with the grazing operation. Prior to approval of the first Precise Development Plan, the CDA -- Planning Division shall verifY approval of the Agricultural Management Plan and compliance with this condition to the Planning Commission. (Agricultural Productivity, #5.4-5) 28. Prior to issuance of the first building permit, fee ownership of approximately 800 acres of the ranch proposed to be permanently preserved ag public open space shall be dedicated to the Marin County Open Space District with the provision that at least a portion or all of the land with agricultural potential shall be made available for long-term, properly managed agricultural uses, such as cattle grazing. At the request of tl1e Applicant, the Open Space District alternatively may consider permanent preservation of the 800 acres as open space through retention of fee ownership by the Applicant, subject to permanent deed restrictions on development, dedications of public trail easements as required herein by Condition 59, and provisions that at least a portion or all of the land with agricultural potential be made available for long-term, properly managed agricultural uses. In the event that the Open Space District elects to preserve the 800 acres as open space through the deed restriction alternative, the Applicant shall be fmancially responsible for construction and maintenance of the public trails within the dedicated trail easements. Any agricultural use of land on Grady Ranch shall be subject to measures of the approved Agricultural Management Plan required herein by Condition 27. The precise boundaries ot the open space area shall be determined by the Planning Commission during review of the Precise Development Plan application for Grady Ranch. Prior to issuance of the first building permit, tbe Open Space District shall verifY compliance with this condition to CDA -: Planning Division. This open Page 20 of 41 i: \cur\drp \bos\LucasEx3. doc "EXHIBIT 3" ,- space requirement shall be incorporated into the Precise Development Plan conditions of approval. (Agricultural Productivity, #5.4-4) 29. As part of a Precise Development Plan application for a given phase of the proje(:t, the Applicant shall prepare and submit a detailed exterior lighting plan for review and approval by the CDA - Planning Divisi01,1. The plan shall be developed in consultation with a specialist in lighting design to determine light source locations, light intensities, and types of light sources. At a minimum, the plan shall implem,nt the following measures: a. Lighting shall be selected to avoid high-angle, high-candela distribution. Outdoor night lighting shall be focused downward and/or shielded. Lighting elements shall be recessed within their fixtures to prevent glare. Lighting fixtures shall be selected that can be shielded, if a potential problem exists, after installation. b. The lighting design shall attempt to conceal lights to avoid glare. Concealed lights shall not be placed close to obje.cts that reflect glare. Roadway and pavement surfaces shall be selected to minimize upward reflected light. c. Outside parking areas shall be designed to ensure that car headlignts do not interfere with the surrounding areas, either by orientation or by screening. d. All outdoor lighting shall be turned off after 11:00 p.m. if not in use, unless needed for safety and security reasons. Lighting shall be adequate for safety and security but shall minimize calling attention to the project. Prior to approval of a Precise Development Plan for a given phase of the project, the CDA - Planning Division shall verifY approval of the detailed exterior lighting plan and compliance with this condition to the Planning Commission. (Visual and Aesthetic Quality; #5.5-3) 30. As part of the Precise Development Plan application that includes the berm southeast of the reservoir dam on Big Rock Ranch, the Applicant's engineers shall prepare and submit a - comprehensive, detailed Grading Plan as required herein by Condition 2 for review and approval by the DPW --·,Land Use & Water Resources-Division. As part of this Plan, proposed grading for the berm southeast of the reservoir dam shall be modified so that the grading is more rolling and natural in appearance with less uniform slopes, sloping downwards on either side of the proposed tunnel and maintaining the integrity of the small knoll southwest of the tunnel. The highest portion of the berm shall be designed to minimize views of the buildings from the most common vantage points along Lucas Valley Road. Prior to approval of the Precise Development Plan application that includes the berm southeast of the reservoir dam on Big Rock Ranch, the DPW --Land Use & Water Resources Division shall verify approval of the detailed Grading Plan and compliance with this condition to the Planning Commission. (Visual and Aesthetic Quality, #5.5-6[a] and 5.5-7) 31. As part of the first Precise Development Plan application for Big Rock Ranch, a qualified landscape architect shall prepare and submit a detailed Landscape and Vegetation Management Plan for review and approval by the CDA -- Planning Division as required herein by Condition 13. The Plan shall identifY when the proposed landscaping would reach a level of maturity required to bl Page 21 of 41 i:lcurldrp lbos1LucasEx3. doc "EXHIBIT 3" Maintenance/Management Buildings within five years after construction. This might require that fast-grqwing trees are planted to achieve view blockage in the interim, while slower-growing trees reach a sufficient level of maturity. A presentation of views from along various locations of Lucas Valley Road shall be presented immediately after planting, five years after completion of construction, and at maturity of landscaping. Prior to approval of the first Precise Development Plan for Big Rock Ranch, the CDA -- Planning Division shall verify approval of the Landscape and Vegetation Management Plan and compliance with· this condition to the Planning Commission. (Visual and Aesthetic Quality, #5.5-6[b} and 5.5-7) 32. As part of the first Precise Development Plan applications for both Grady and Big Rock Ranches, the Applicant shall prepare and submit for review and approval by the CDA -- Planning Division detailed plans for the proposed water tanks on Grady and Big Rock Ranches. The detailed plans shall implement the following measures: a. For the Grady Ranch water tank, the Applicant shall follow design criteria as developed by the Marin Municipal Water District {"MMWD"). The MMWD develops specific design criteria for each new tank after cunsultation with concerned local groups or individuals, such as with residents of Lucas Valley Estates. The final design of the water tank and pump station as developed by the MMWD shall be required to ·either hide the tank from view or to borrow or repeat the form, line, color, and texture of the surrounding terrain. b. For the Big Rock Ranch water tank, the Applicant shall be required to submit a color scheme for the tank for review and approval by the CDA -- Planning Division. The color scheme shall be required to minimize color contrasts with the surrounding terrain. While the Applicant, not the MMWD, is responsible for the Big Rock Ranch tank, the Applicant should coordinate with the MMWD in the design criteria process for the Grady Ranch tank so that community input can be also obtained for the Big Rock Ranch tank. The color of the tank shall match the color of the surrounding are.a but in slightly darker tones to minimize shadow effects. c. Landscaping shall be required to mi·nimize any visual impacts and to break up the line and form of the tanks. d. When the future public access trails across Grady and Big Rock Ranches are designed, they shall take advantage oflocal topography, existing trails, and tree1masses to minimize views of the water tanks and project buildings. Prior to approval of the first Precise Development Plan applications for both Grady and Big Rock Ranches, the CDA -- Planning Division shall verify approval of the detailed water tank plans and compliance with this condition to the Planning Commission. (Visual and Aesthetic Quality, #5.5- 8) 33. As part of the Precise Development Plan application that includes the proposed berm, entrance road and tunnel, and/or Gate House/Ranch Manager's Office and Residence Building on Big Rock Ranch, the Applicant shall implement either one of the following conditions to lessen potential impacts to the prehistoric archaeological site identified as CA-Mrn-464, a petroglyph site: Page 22 of 41 i: lcurldrp lbosiLucasEx3. doc "EXHIBIT 3" a. The proposed berm, entrance road and tunnel, and Gate House/Ranch Manager's Office and Residence Building shall be sited to avoid CA-Mrn-464, a prehistoric archaeological site of rock outcroppings with petroglyphs. Generally, all grading and building activities should be located outside a site boundary radius of 46 meters (15.0 feet) from a large rock outcropping at the top of the small knoll at the southern end of the proposed berm. As long as archaeological resources are avoided, minor adjustments to the site boundary may be considered during review of the Precise Development Plan, subject to recommendations of a qualified archaeologist, approved by the County and paid for by the Applicant, that is experienced in North Bay prehistory and research considerations. b. Alternatively, if the Applicant presents substantial evidence to the Planning Commission during review of the Precise Development Plan which clearly demonstrates that avoidance of the ·resource is not feasible and the Planning Commission concurs, determining that "specific economic, legal, social, technological, or other considerations" make avoidance not feasible, then the Applicant shall hire a qualified archaeologist, approved by the County and paid for by the Applicant, that is experienced in North Bay prehistory and research considerations to prepare an alternative plan in compliance with State. CEQA Guidelines Appendix K ("Archaeological Impacts"). The alternative plan shall include measuring, mapping, drawing, and photographing all petroglyph featu1es, cupules and rock outcroppings in order to comprehensively document the site. By retaining a comprehensive record of the site, future research concerning northern California prehistoric rock an of this type would have the benefit of an accurate record of tl1e site in its original condition. Rock outcroppings that contain petroglyphs shall be carefully removed before grading commences and relocated in the immediate vicinity of tl1e original site after grading is completed. The archaeologist shall monitor the removal and relocation of the petroglyph outcrop pings. Prior to approval of the Precise Development that includes the proposed berm, entrance road and tunnel, and/or Gate House/Ranch Manager's Office and Residence Building on Big Rock Ranch, the CDA-- Planning Division shall verify compliance with this condition to the Planning Commission if Condition 33(a) is implemented. If an alternative plan is proposed by the Applicant as outlined in Condition 33(b), it shall be the responsibility of the Planning Commission during review of the Precise Development Plan to determine that avoidance of the resource is not .feasible due to "specific economic, legal, social, technological, or other considerations." If Condition 33(a) is found not feasible by t11e Planning Commission, Condition 33(b) shall be implemented and the CDA -- Planning Division shall verify compliance with this condition prior to issuance of a grading permit that includes this phase of the Big Rock Ranch project. Whichever condition is implemented, an archaeologist experienced in North Bay prehistory and research considerations shall be required to monitor grading and building activities in the vicinity of CA-Mrn-464, as necessary, to ensure maximum protection and preservation of the site's resources. If implemented, Condition 33(b) shall be incorporated into the Precise Development Plan and grading permit · conditions of approval for Big Rock Ranch. (Archaeological and Historical Resources, #5.6-1) 34. As part of the Precise Development Plan application that includes the Archives Building on Big Rock Ranch, the Applicant shall implement either one of the following conditions to Jessen potential inlpacts to the prehistoric archaeological site identified as CA -Mrn-465, a petroglyph site: Page 23 of 41 i:!curldrp lbos ILucasEx 3. doc "EXHIBIT 3" a. The Archives Building shall be sited to avoid rock ontcroppings of CA-Mrn-465 that contain petroglyphs. Generally, all grading and building activities should be located outside a site boundary radius of 30 meters (100 feet) from a large rock outcropping at the southern end of the proposed Archives Building. As long as archaeological resources are avoided, minor adjustments to the site boundary may be considered during review of the Precise Development Plan, subject to recommendations of a qualified archaeologist, approved by the County and paid for by the Applicant, that is experienced in North Bay prehistory and research considerations. b. Alternatively, if the Applicant presents substantial evidence to the Planning Commission during review of the Precise Development Plan which clearly demonstrates that avoidance of the resource is not feasible and the Planning Commission concurs, determining that "specific economic, legal, social, technological, or other considerations" make avoidance not feasible, then the Applicant shall hire a qualified archaeologist, approved by the County and paid for by the Applicant, that is experienced in North Bay prehistory and research considerations to prepare an alternative plan in compliance with State CEQA Guidelines Appendix K ("Archaeological Impacts"~. The alternative plan shall include measuring, mapping, drawing, and photographing all petroglyph features, cupules and rock outcroppings in order to comprehensively document the site. By retaining a comprehensive record of the. site, future research concerning northern California prehistoric rock art of this type would have the benefit of an accurate record of the site in. its original condition. Rock outcroppings that contain petroglyphs shall be carefully removed before grading commences and relocated in the immediate vicinity of the original site after grading is completed. The archaeologist shall monitor the removal and relocation of the petroglyph outcroppings. Prior to approval of the Precise Development that includes the Archives Building on Big Rock Ranch, the CDA-- Planning Division shall verify compliance with this condition to the Planning Commission if Condition 34(a) is implemented. If an alternative plan is proposed by the Applicant as outlined in Condition 34(b), it shall be the responsibility of the Planning Commission during review of the Precise Development Plan to determine that avoidance of the - resource is not feasible due to "specific economic, legal, sociai, technological, or other considerations." If Condition 34(a) is found not feasible by the Planning Conunission, Condition 34(b) shall be implemented and the CDA -- Planning Division shall verify compliance with this condition prior to issuance of a grading permit that includes this phase of the Big Rock Ranch project. Whichever condition is implemented, an archaeologist experienced in North Bay prehistory and research considerations shall be required to monitor grading and building. activities in the vicinity of CA-Mrn-465, as necessary, to ensure maximum protection and preservation of the site's resources. If implemented, Condition 34(b) shall be incorporated into the Precise Development Plan and grading permit conditions of approval for Big Rock Ranch. (Archaeological and Historical Resources, #5.6-2) 35. As part of the Precise Development Plan application that includes the access road between the Main Office and Archives Buildings on Big Rock Ranch, the Applicant shall implement either one of the following conditions to lessen potential impacts to the prehistoric archaeological site identified as CA-Mrn-495, a petroglyph site: a. The access road and possibly the bridge across Big Rock Creek shall be sited to avoid the entire CA-Mrn-495 midden site. (For reference, ·Big Rock Creek is shown on Exhibit 2.0- Page 24 of 41 i: \cur\drp \bas \LucasEx3. doc "EXHIBIT 3" 4 of Volume 1 of the project EIR.) Generally, all grading and building activities should be located outside a general site boundary of 60 meters (200 feet) by 20 meters (65 feet) centered on the access road east of Big Rock Creek between the Main Office and Archives Buildings and shall be located entirely outside a defmed site boundary of 25 meters _(85 feet) by 20 meters (65 feet) in the northeastern portion of the general site boundary where intact, important· archaeological deposits are located. As long a:s archaeological resources are avoided, minor adjustments to the general site boundary may be considered during review of the Precise Development Plan, subject to reconunendations of a qualified archaeologist, approved by the County and paid for by the Applicant, that is experienced in North Bay prehistory and research considerations. b. Alternatively, if the Applicant presents substantial evidence to. the Planning Commission during review of the Precise Development Plan which clearly demonstrates that avoidance of the resource is not feasible and the Planning Commission concurs, determining that "specific economic, legal, social, technological, or other considerations" make avoidance not feasible, then the Applicant shall. hire a qualified archaeologist, approved by the County and paid for by the Applicant, that is experienced in North Bay prehistory and research considerations to conduct an excavatbn program that implements the following measures: (1) The excavation program shall be conducted in accordance with a coinpn;hensive research design, which would take into account the fmdings of the significance test ·excavations conducted by David Chavez & Associates in May and June 1995. (2) An approximately 20 to 25 pe{cent sample of the 25 by 20 meter intact midden area shall be systematically excavated by a team of .experienced archaeologists under the direction of the consulting archaeologist. The remainder of the intact midden area shall then be graded away under controlled conditions and the supervision of the archaeologist-prior to actual road and bridge construction. The procedure shall allow for the recovery -of any undiscovered prehistoric burials and the retrieval of artifacts prior to grading. Once grading begins, all activities in and adjacent to the general site boundary (60 by 20 meters) shall be monitored by the archaeologist. (3) The Native American community ~hall be consulted on all aspects of the excavation program and a Native American consultant and Most Likely Descendant shall be present during the archaeological excavation that affects cultural artifacts. (4) All archaeological excavation and monitoring activities shall be conducted in accordance with prevailing professional standards as outlined in Appendix K of the State CEQA Guidelines and by the California Office of Historic Preservation. Detailed technical reports shall be prepared following archaeological excavations and monitoring. Prior to approval. of the Precise Development that includes the access road between the Main Office and Archives Buildings on Big Rock Rancb, the CDA-- Planning Division shall verify compliance with this condition to the Planning Commission if Condition 35(a) is implemented. If an alternative plan is proposed by the Applicant as outlined in Condition 35(b), it shall be the responsibility of the Planning Conunission during review of the Precise Development Plan to determine that avoidance of the resource is not feasible due to "specific economic, legal, social. technological, or other considerations." If Condition 35(a) is found not feasible by the Planning Page 25 of 41 i: lcurldrplbos\LucasEx 3. doc "EXHIBIT 3" Commission, Condition 35(b) shall be implemented and the CDA -- Planning Division shall verify compliance with this condition prior to issuance of a grading permit that includes this phase of the Big Rock Ranch project. Whichever condition is implemented, an archaeologist experienced .in North Bay prehistory and research considerations shall be required to monitm grading and building activities in the vicinity of CA-Mrn-49.5, as necessary, to ensure maximum protection and preservation of the site's resources. If implemented, Condition 35(b) shall be incorporated into the Precise Development Plan and grading permit conditions of approval for Big Rock Ranch. (Archaeological and Historical Resources, #5.6-3) 36. Prior to issuance of the first grading permit for Big Rock Ranch, a qualified archaeologist, approved by the County and paid for by the Applicant, that is experienced in North Bay prehistory and research considerations shall hold a pre-construction seminar with the Applicant · and project contractors to present information on the potential for, and nature of, buried archaeological resources in the development area and how to identify the resources. The CDA - Planning Division shall verify compliance with this condition prior to issuance of the first grading permit for Big Rock Ranch. This condition shall be incorporated into the Precise Development Plan conditions of approval for Big Ror.k Ranch. (Archaeological and Historical Resources, #5.6-4) 37. A qualified archaeologist, approved by the County and paid for by the Applicant, that is experienced in North Bay prehistory and research considerations and a Native American observer that is approved by the California Native Heritage Commission in Sacramento shall conduct periodic observations during grading. During grading near the known midden and petroglyph sites, full-time monitoring shall take place as recommended by the consulting archaeologist. This condition shall be incorporated into the Precise Development Plan and grading permit conditions of approval for Big Rock Ranch. (Archaeological and Historical Resources, #5.6-4) 38. If archaeological resources are discovered during site grading, all work shall be stopped immediately in the general area of the find. A qualified consulting archaeologist, approved by the County and paid for by the Applicant, shall assess the resource site and submit a written report to the CDA -- Planning Division. The report shall evaluate the significance of the find and ~ recommend a course of action acceptable to all concerned parties. If mitigation is required. the frrs.t priority shall be for avoidance and preservation of the resource. If avoidance is not feasible, an alternative plan that may include excavation shall be .prepared. All such procedures shall be conducted within the context of 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. Compliance with all State laws regarding impacts to prehistoric Native American burials shall be strictly enforced. Work within the general vicinity of the fmd shall not recommence without the approval of the CDA -- Planning Division. All future development of the site must be consistent with the findings and recommendations of the arcliaeological report as approved by the CDA -- Planning Division. If the report identifies significant resources, amendment of the permit may be required to implement mitigation measures to protect the resources. If any resources are discovered, monitoring measures recommended in the archaeologist report shall be implemented to protect the discovered resources. Prior to issuance of grading permits, the CDA -- Planning Division shall verify that the grading plan specifications comply with this condition. This condition shall be incorporated into the Precise Development Plan and grading permit conditions of approval. (Archaeological and Historical Resources, #5.6-4) Page 26 of 41 i· lcurldrp lbos ILucasEx 3. doc "EXHIBIT 3" 39. Prior to issuance of the first building permit, the Applicant shall pay Northgate Activity Center Plan traffic mitigation fees based on .74 PM peak-hour project-generated trips. The amount of this fee shall be offset by 55 percent of the cost of other area-wide traffic improvements constructed or financed by the Applicant required herein by Conditions 40, 42, 43, 44, 45, 46 and 48, pursuant to Board of Supervisors Resolution Number 84-501. The final amount of the fee shall be determined by DPW -- Traffic Division in consultation with the City of San Rafael. Prior to issuance of the first building permit, the DPW --Traffic Division shall verify payment of the traffic mitigation fee and verify compliance with this condition. This conditioP shall be incorporated into the Precise Development Plan conditions of approval. (Transportation and Circulation, #5. 7-1, #5. 7-2 and #5. 7-3) 40. Prior to issuance of the first building permit, the Applicant shall pay a "fair-share" traffic mitigation fee for either: (1) construction of an acceleration larie on Lucas Valley Road for southbound left-turning vehicles at the Miller Creek Road/Lucas Valley Road intersection; or, (2) if it would be more efficient and effective in reducing the Level of Service for long-range cumulative traffic growth at this intersection during the PM peak hour, installation of a signal at the Miller Creek Road/Lucas Valley Road intersection. This traffic improvement would require the creation of a median acceleration lane and the possible widening of Lucas Valley Road in the vicinity of Miller Creek Road. The Applicant's fair-share fee shall be cfetermined by the DPW - Traffic Division and based. on the cost of this traffic Improvement and the project's share of long range cumulative traffic growth at this intersection during the PM peak hour (19 percent). Prior to issuance of the first building permit, the DPW -- Traffic Division shall verify payment of the fair-share fee and compliance with this condition. This condition shall be incorporated into the Precise Development Plan conditions of approval. (Transportation and Circulation, #5. 7-1, #5. 7-l[a], #5, 7-2, #5. 7c2[a], #5. 7-3 and #5. 7-3[b]) 41. Prior to issuance of the first building permit, the Applicant shall pay a "fair-share" traffic mitigation fee for installation of a programmed traffic signal at the Los Gamos/Lucas Valley Road intersection before completion of the Highway 101 southbound ramps improvement project at the Lucas Valley Road/Highway 101 interchange. The signal controller and other infrastructure shall allow for the later addition of a southbound leg (Highway 101 off-ramp) at this intersection as well as for exclusive left-turn phases on the westbound approach and for a north-south split phase as part of the Highway 101 southbound ramps reconstruction project. Since this traffic'··improvement is planned for as part of the Nortligate Activity Center Plan, payment of the traffic mitigation fee required herein by Condition 39 shall satisfy this condition. Prior to issuance of the first building permit, the DPW -- Traffic Division shall verify payment of the traffic mitigation fee and compliance with this condition. This condition shall be incorporated into the Precise Development Plan· conditions of approval. (Transportation and Circulation, #5.7-1, #5.7-J[b], #5.7-2and#5.7-2[b]) 42. Prior to issuance of the first Certificate of Occupancy, the Applicant shall pay a "fair-share" traffic fee for installation of a temporary traffic signal at the Highway 101 southbound off ramp/Lucas Valley Road intersection. The Applicant's fair-share fee shall be determined by the DPW -- Traffic Division, in consultation with the City of San Rafael and Caltrans, and based on the cost of this traffic improvement and the project's share of short-range cumulative traffic growth at this intersection during the PM peak hour (25 percent). Prior to issuance of the first Certificate of Occupancy, the DPW --Traffic Division shall verify payment of the fair-share fee and compliance with this condition. This condition shall be incorporated into the Precise Page 27 of 41 i: lcurldrp lbos ILucasEx3. doc "EXHIBIT 3" Development Plan conditions of approval. (Transportation and Circulation, #5. 7-1, #5. 7-J[c}. #5. 7-2 and #5. 7-2[c]) 43. Prior to issuance of the first building permit, the Applicant shall pay a "fair-share" traffic mitigation fee for the following improvements at the Highway 101 northbound off-ramp/Smith Ranch Road intersection: (1) construction of a second eastbound through lane on Smith Ranch Road; and (2) construction of a second westbound left-turn lane on the northbound off-ramp. Preliminary study indicates that the second through lane could begin on the east side of the Highway 101 underpass eliminating the need to widen the underpass. The Applicant's fair-share fee shall be determined by the DPW -- Traffic Division, in consultation wi~h the City of San Rafael and Cal trans, and based on the cost of these traffic improvements and the project's share of long-range cumulative traffic growth at this intersection during the PM peak hour (2 percent). Prior to issuance of the first building permit, the DPW-- Traffic Division shall verify payment of the fair-share fee and compliance with this condition. This condition shall be incorporated into the Precise Development Plan conditions of approval. (Transportation and Circulation, 1/5.7-1, #5. 7-l[d], #5. 7-2, #5. 7"2[d], #5. 7-3 and #5]3{e])) 44. Prior to issuance of the first lluilding permit, the Applicant shall pay a "fair-share" traffic mitigation fee for construction of an acceleration lane on Lucas Valley Road for southbound left turning vehicles at the Mt. Lassen Drive/Lucas Valley Road intersection. This traffic improvement would require the creation of a median acceleration lane and the possible widening of Lucas Valley Road in the vicinity of Mt. Lassen Drive. The Applicant's fair-share fee shall be determined by the DPW --Traffic Division and based on the cost of this traffic improvement and the project's share oflong-range cumulative traffic growth at this intersection during the PM peak hour (25 percent). Prior to issuance of the first building permit, the DPW -- Traffic Division shall verify payment of the fair-share fee and compliance with this condition. This condition shall be incorporated into the Precise Development Plan conditions of approval. (Transportation and Circulation, #5. 7-3 and #5. 7-3[aj) 45. Prior to issuance of the first building permit, the Applicant shall pay a "fair-share" traffic mitigation fee for construction of a second eastbound through lane on Lucas Valley Road at the - Las Gallinas Avenue/Lucas Valley Road intersection. The Applicant's fair-share fee shall be determined by the DPW -- Traffic Division ami based on the cost of this traffic improvement and the project's share of long-range cumulative traffic growth at this intersection during the PM peak hour (17 percent). Prior to issuance of the first building permit, the DPW -- Traffic Division shall verify payment of Ute fair-share fee and compliance· with this condition. This condition shall be incorporated into the Precise Development Plan conditions of approval. (Transportation and Circulation, #5. 7-3 and #5. 7-3[c]) 46. Prior to issuance of the first building permit, the Applicant shall pay a "fair-share" traffic mitigation fee for the following improvements at the Los Gamos/Lucas Valley Road intersection: (1) construction of a westbound left-tum lane on Los Gamos Road; (2) restriping the southbound leg (Highway 101 off-ramp) in order to provide two eastbound left-turn lanes and a southbound through/westbound right-turn shared lane; and (3) splitting the north-south signal phase in order to accommodate the restriped southbound leg configuration. These traffic improvements are in addition to the programmed Highway 101 ramp improvement project. The Applicant's fair-share fee shall be determined by the DPW -- Traffic Division, in consultation with the City of San Rafael and Caltrans, and based on the cost of these traffic improvements and the project's share of long-range cumulative traffic growth at this intersection during the PM peak hour (7 percent). Page 28 of 41 i:\cur\drp\bos\LucasEx 3. doc "EXHIBIT 3" Prior to issuance of the first building permit, the DPW --Traffic Division shall verify payment of the fair-share fee and compliance with this condition. This condition shall be incorporated into the Precise Development Plan conditions of approval. (Transportation and Circulation, #5. 7-3 and #5. 7-3[d]) 47. As part of the first Precise Development Plan application that includes the Main Office Buildings on either Grady or Big Rock Ranches and/or the Ancillary Building on Grady Ranch, the Applicant shall prepare and submit a transportation-reduction program for the project for review and approval by the CDA -- Planning Division that: · (1) includes the Transportation System Management ("TSM") measures currently implemented as part of the Skywalker Ranch Employee Transportation Program; and (2) establishes a van/buspool or shuttle bus system for employees of the Grady Ranch and Big Rock Ranch facilities or includes other traffic improvements constructed by the Applicant and/or a combination of other traffic improvements and TSM measures that meet the required Level of Service standard for the· area at the intersections studied in, and using the calculations contained within, the ElR. Based on the conclusions of the traffic and circulation impact analysis in the EIR, the Applicant could offer to install a traffic signal at the Miller Creek Road/Lucas Valley Road intersection which would mitigate the necessity of a van/buspool or shuttle bus system. If a van/buspool or shuttle bus system is not proposed, then the Applicant shall: (1) provide adequate" space at the entrance to Grady Ranch for a potential Golden Gate Transit bus stop, turnaround, and shelter; (2) request the Golden Gate Bridge, Highway and Transportation District to .extend bus service to Grady Ranch; and (3) fund construction of a bus stop, turnaround, and shelter at the Grady Ranch entrance if the District agrees to extend bus service to the ranch. If a van/buspool or shuttle bus system is propos~d. the components of such a van/buspool or shuttle bus system could include the following: · a. Van/Buspools. Vanpools could be used. to transport employees from their homes or pre arranged. pick-up points to the employment centers (Skywalker, Grady or Big Rock Ranches). Operational costs could be subsidized by. Lucasfilm and/or Lucasfilm employees. This type of service requires a high degree of administrative coordination in terms of route planning, vehicle scheduling and employee work schedules. Ideally, vanpool users should be made up of employees who would tend to drive alone if this service were npt available. Conversely. a vanpool service should not supplant existing carpool arrangements. b. Shuttle Service. A shuttle van or bus service operating from remote parking lots could be effective in reducing project trips on Lucas Valley Road. Mini buses which seat between 25 and 30 passengers should be used. A full-size bus (capacity of 50 plus passengers) shall not be used due to posted warning signs that limit vehicles in excess of 40 feet on Lucas Valley Road in the vicinity of Grady, Big Rock and Skywalker Ranches. Two potential sites for basing employee shuttle operations have been identified, and it should be determined if either one of the following sites, or others in the area, are available: 1. Caltrans maintains a park and ride facility located at the southeast quadrant of the Lucas Valley Road/Highway 101 interchange. Park and ride lots are designed to be used by .commuters who do not live in areas served by transit. The local park and ride facility provides 211 striped parking stalls, and recent surveys demonstrate that this lot is under utilized. Page 29 of 41 i:lcurldrplboslLucasEx3.doc "EXHIBIT 3" 2. Another potential site for an employee shuttle service is located at the southwest quadrant of the Lucas Valley Road/Highway 101 interchange. This unpaved area is currently used as an informal parking lot presumably by employees and visitors of the business park located off Los Gamos Drive. Further study would be required to determine the maximum number of spaces available, If this site were available for sale or lease, it would require paving, striping and access improvements. Prior to approval of the first Precise Development Plan that includes the Main Office Buildings on either Grady or Big Rock Ranches and/or the Ancillary Building on Grady Ranch, the CDA - Planning Division shall verify approval of the transportation-reduction-program and compliance with this condition to the Planning Conunission. Prior to issuance of the first Certificate of Occupancy, the CDA '- Planning Division shall verify implementation of the required TSM measures, such as establishment of vanpool and/or shuttle bus services, and compliance with this condition. (Transportation and Circulation, #5.7-l[e], #5.7-2[e] and #5.7-3/J]) 48. Prior to. issuance of the first building permit, the Applicant shall pay a "fair-share" traffic mitigation fee for installation of traffic signals at both intersections of the Miller Creek Road and Highway 101 ramps at :the Miller Creek/Hi~;hway 101 interchange. The Applicant's fair-share fee shall be determined by the DPW -- Traffic Division, in consultatton with the City of San Rafael and Caltrans, and based on the cost of this traffic improvement and the project's share of long-range traffic growth at these intersections during the PM peak hour. Prior to issuance of the first building permit, the DPW -- Traffic Division shall verify payment of the fair-share fee and compliance with this condition. This condition shall be incorporated into tl1e Precise Development, Plan conditions of approval. (Transportation and Circulation, #5. 7-2/J] and #5. 7- 3[g]) 49. As part of the first PreCise Development Plan application for Grady Ranch, a detailed roadway plan for an eastbound accelenition lane on Lucas Valley Road at the Grady Ranch entrance shall be prepared and submitted for review and approval by the DPW --Land Use & Water Resources Division. Though not required, a deceleration lane for westbound right-turn traffic and an eastbound left-turn lane are recommended at this entrance due to high prevailing speeds on Lucas - Valley Road and related safety issues. Prior to approval of tl1e first Precise Development Plan for Grady Ranch, the DPW --Land Use & Water Resources Division shall verify approval of the detailed roadway plan for the Grady Ranch entrance and compliance with this condition to the Planing Commission. (Transportation and Circulation, # 5. 7-7) 50. Prior to issuance of a grading permit for a given phase of the project, the Applicant shall incorporate the foilowing dust control measures into the grading plan specifications: a. Grading or other dust-producing construction activities shall be suspended· during periods of high winds when dust control is not effective. b.· Graded soils shall be watered twice daily, and more often on days when winds exceed 10 w 15 miles per hour. An appropriate dust pailiative or suppressant, added to the water before application, shall be utilized. In order to promote water conservation, recycled and reclaimed water should be used for dust control whenever possible. c. Equipment .and personnel for watering of all graded soils shall be provided on site as needed. Page 30 of 41 i: lcurldrp lbos ILucasEx 3. doc "EXHIBIT 3" d; Stockpiles of debris, soil, saud or other materials that can be blown by the wind shall be watered or covered. e. The construction area and adjacent streets shall be swept to minimize the amount of mud and dust carried onto street surfaces by construction vehicles. f. The speed of <::onstruction vehicles shall be limited to 15 miles per hour while on site. g. When grading activities cease, completed cuts or graded areas shall be seeded, covered, landscaped, paved, and/or watered with an appropriate dust palliative or suppressant added to the water as soon as possible to avoid leaving disturbed earth uncovered. h. If trucks haul soils to or from the site, the trucks shall be covered with a solid tarp, or equivalent material, to prevent dust from becoming airborne during transport. i. In adverse, high-wind conditions where the sustained wind velocity is at or above 25 miles per hour during the dry season, or if dust control measures required herein are not effective, grading· shall cease immediately until winds subside sufficiently to control fugitive dust. Dust control measures are considered not effective when there is a visible dust plume. Prior to issuance of a grading permit for a given phase of the project; the DPW -- Land Use & Water Resources Division shall verify approval of the grading plan specifications and compliance with this condition. The DPW --Land Use & Water Resources Division and/or the Bay Area Air Quality Management District will conduct periodic site inspections to verify ongoing compliance with this condition. This condition shall be incorporated into the Precise Development Plan and grading permit conditions of approval. (Air Quality, #5. 8-1) 51. Prior to issuance of a ·grading permit for a given phase of the project, the Applicant shall incorporate the following noise reduction measures into the grading plan specifications: a. All powered· construction equipment used shall, be maintained in good operating condition and internal combustion engines shall be equipped with intake and. exhaust mufflers . . b. Powered construction equipment shall be turned off when not in· use. c. The Applicant shall notify the County and adjacent, off-site property owners within 800 feet of grading and impact tool use (such as pile driving) for the eastern-most berm or Main Office Building on Grady Ranch. The notice shall be provided at least 72 hours before the grading or impact tool use commences, and the potice shall describe the work to occur, equipment to be used, and the expected hours and duration of tasks. d. Grading and impact tool use for the eastern-most berm or Main Office Building on Grady Ranch shall be limited to the hours. of 8:00a.m. to 5:00p.m., Monday through Friday, unless the Applicant can demonstrate that the activity will not generate excessive noise levels on the adjacent Wetsel property (APN 164-310-06) or on properties in Lucas Valley Estates to the east, or unless permission is granted by the affected property owners for extended hours. While unlikely, if other sources of construction noise are demonstrated to Page 31 of 41 i: lcurldrp lbosiLucasEx3. doc "EXHIBIT 3" exceed 60 dBA at residential properties, then the time limits above shall apply to these activities as well. All other construction activities shall be limited to the hours of 7:00a.m. to 6:00p.m., Monday through Saturday. No construction activities shall be permitted on Sundays or Federal holidays. Transportation of heavy equipment to and from the project site shall not be permitted on Saturdays, Sundays or Federal holidays. e. If complaints are received regarding construction noise, the County may require a noise specialist to take noise readings at the affected sites. The noise spe.cialist, approved by the County and paid for by the Applicant, shall assess noise impacts at the affected sires and recommend, if appropriate, additional noise reduction measures to the CDA ·· Planning Division for review and approval. If approved, the additional noise reduction measures shall be implemented immediately by the Applicant. Prior to issuance of a grading permit for a given phase of the project, the DPW -- Land Use & Water Resources Division shall verify approval of the grading plan specifications and compliance with this condition. The DPW ·· Land Use & Water Resources Division will conduct periodic site inspections to verify ongoing compliance with this condition. This ·condition shall be incorporated into the Precise Development Plan and grading permit conditions of approval. (Noise, #5.9-1) • 52. As part of a Precise Development Plan application for a given phase of the project, a qualified landscape architect shall prepare and submit a detailed Landscape and Vegetation Management Plan for review and approval by the CDA -· Planning Division as required herein by Condition 13. As part of this Plan, the following fire prevention measures shall be implemented: a. Landscaping shall be designed to screen and soften views of the .project with the least amount of vegetation and lowest plant density to sufficiently reduce visual effeCts. The minimum amount and density of vegetation necessary for reducing visual effects shall be determined through review of a presentation of views from along various locations of Lucas Valley Road immediately after planting, five years after planting, and at maturity. Areas with trees planted shaH not include smaller vegetation that can spread a ground fire into tl1e - canopy of trees. b. Trees and vegetation with a high-fire risk, including pyrophytic species, such as California Bay, shall be prohibited within a 30-foot setback zone around all project buildings. For reference, the Marin County Fire Department publishes a list ·of high-fire risk species entitled, "Pyrophytic vs. Fire Resistant Plants." Prior to approval of a Precise Development Plan for a given phase of the project, the Marin County Fire Department and CDA -- Planning Division shall verify approval of the fire prevention measures of the Landscape and Vegetation Management Plan and compliance with this condition to the Planning' Commission. (Public Services-· Fire and Emergency Medical Services, #5.10-4[a] and [b]) 53. Prior to issuance of a grading permit for a given phase of the project, the Applicant shall develop a Vegetation Modification Plan and a· Vegetation Management Plan in consultation with the Marin County Fire Department A Vegetation Modification Plan outlines a program for the initial thinning or removal of flammable vegetation, while a Vegetation Management Plan outlines an on-going annual vegetative maintenance program. At a minimum,, the Plans shall Page 32 of 41 i: \cur\drp \bas \Lucas£x3. doc "EXHIBIT 3" address on-site fire hazards based upon fuel load, slope, aspect, topography, and other factors, and shall determine priority problem areas on site where fire safety measures shall be emphasized. The Plans shall be reviewed and approved by the Marin County Fire Department. Prior to issuance of a grading permit, the Marin County Fire Department shall verify approval of the Vegetation Modification and Management Plans and· compliance witl1 this condition to ·the CDA -- Planning Division. The Marin County Fire Department will conduct periodic site inspections to verify ongoing compliance with this condition. This condition shall be incorporated into the Precise Development Plan conditions of approval. (Public Services -- Fire and Emergency Medical Services, #5.10-4[c]) 54. Prior to issuance of a grading permit for a given phase of tl1e project, the Applicant shall develop a plan for fire prevention measures to be implemented during project grading and construction. The fire prevention measures shall be developed in consultation with the Marin County and Marinwood Fire Departments and shall be incorporated into the grading plan specifications. The fire prevention measures shall include, but not be limited to, the following: a. The Applicant shall provide water trucks or other appropriate water sources on site during project construction during times of wildfire danger. The number, type, and availability of trucks or other water sources necessary shall be determined b5' the Marin County and Marinwood Fire Departments. b. A cellular phone or other communication device shall be located on site and clearly identified at all times during project construction. c. On-site fire response equipment, such as fire extinguishers, water sources, cellular phones or other communication devices, etc., shall be maintained and clearly marked at each construction area. d. The Applicant shall ensure that all construction workers are trained in the use of on-site fire response equipment and workplace safety measures. Prior to issuance of a grading permit for a given phase of the project, the Marin County and Marinwood Fire Departments shall verify ·approval of the fire prevention measures and compliance with this cmi.dition to DPW -- Land Use & Water Resources Division. Approved fire prevention measures shall be incorporated into the grading permit conditions of approval. The DPW -- Land Use & Water Resources Division will conduct periodic site inspections to verify ongoing compliance with this condition. This condition shall be incorporated into the Precise Development Plan conditions of approval. (Public Services -- Fire and Emergency Medical Services, #5.1 0-4[d]) 55. As part of the first Precise Development Plan application for Grady Ranch, the Applicant shall prepare and submit for review and approval by the CDA -- Planning Division a detailed plan for a Marin Municipal Water District pump station that is necessary to serve Grady Ranch. The pump station shall include a bypass system that could allow fire engines to pump water to avoid an electrical power failure that could reduce water supplies. Prior to approval of the first Precise Development Plan for Grady Ranch, the CDA -- Planning Division shall verify approval of the detailed pump station plan and compliance with this condition to the Planning Commission. (Pitblic Services-- Fire and Emergency Medical Services, #5.10-4[e]) Page 33 of 41 i: lcurldrp iboslLucasEx3. doc "EXHIBIT 3" 56. The Applicant shall ensure adequate emergency communications on Grady and Big Rock Ranches. This could include local cellular repeater stations or similar equipment, including an independent power supply. "Adequate communications" is defined as communications available in all areas of Grady and Big Rock Ranches needed for proper fire fighting capability, as determined by the Marin County Fire Department and Marinwood Fire Departtnent. The need for such equipment shall be evaluated by the Marin County and Marinwood Fire Departments during review of the first Precise Development Plan. If additional equipment is needed, plans for such equipment shall be submitted as part of the Precise Development Plan application. It is important to note that, in addition to the telecommunications facilities along Big Rock Ridge, a GTE Mobilnet repeater station was recently installed on Big Rock Ranch which may alleviate the need for an additional repeater station. Prior to approval of the first Precise Development Plan, the CDA -- Planning Division shall verify compliance with this condition to the Planning Connnission. (Public Services -- Fire and Emergency Medical Services, #5.1 0-4[j]) 57. As part of the Precise Development Plan application that includes the berm, entrance road and tunnel on Big Rock Ranch, the Applicant shall submit detailed plans that implement either one of the following conditions to lessen potentia I impacts of project roadway design: a. The 12-foot wide unpaved roadway designed to bypass the entr.ance tunnel on the main road shall be expanded in width to 18 feet, to conform to State width requirements under Pnblic Resources. Code, §4290. The roadway surface shall provide unobstructed all weather access to conventional drive vehicles, including fire engines (California Code of Regulations, §1273.01), and shall be capable of supporting a 40,000 pound load (California Code of Regulations, §1273.02). b. The entrance tunnel on the main access road shall be (lesigned to provide adequate overhead clearance for emergency vehicles. This is approximately 15 feet for Marin County Fire Department trucks. Exact clearance requirements shall be determined by the Marin County Fire Department, after consultation with other fire departments that could be called in under Mutual Aid agreements. Prior to approval of the Precise Development Plan application that includes the berm, entrance road and tunnel on Big Rock Ranch, both the Marin County Fire Department and DPW --Land Use & Water Resources Division shall verify approval of the detailed roadway design plans and compliance with this condition to the Planning Commission. (Public Services -- Fire and Emergency Medical Services, #5.10-5[a} and #5.10-5[b}) 58. Prior to issuance of the first Certificate of Occupancy, the Applicant shall provide a "jaws of life" rescue tool to be stationed with the Marinwood Fire Department. The Applicant's responsibility for funding the purchase of the required jaws of life rescue tool shall be limited to a maximum of $15,000. This condition shall be incorporated into the Precise Development Plan conditions of approval. Prior to issuance of the first Certificate of Occupancy. the Marin wood Fire Department shall verify compliance with this condition to the CDA -- Planning Division. (Public Services-- Fire and Emergency Medical Services, #5.10-5[c]) 59. Prior to issuance of the first building permit, the Applicant shall 'be re.quired to dedicate trail easements suitable for combined use (i.e., equestrians, hikers, and mountain bicyclists) for all· trails on Grady, Big Rock, McGuire and Loma Alta Ranches shown on the Countywide Plan Trails Element maps to the Marin County Open Space District, except for those trails that Page 34 of 41 i: \cur\drp \bos\LucasEx 3. doc "EXHIBIT 3" directly traverse the development areas of Big Rock Ranch and Grady Ranch and the 187-acre private open space area of Grady Ranch. A preliminary trails alignment solution acceptable to the Open Space District is shown on Exhibit 7.0-10 of Volume 2 of the EIR. The general alignments, uses and widths of the trails shall be developed iri consultation with the Open Space District and determined by the Planning Commission during review of a Precise Development Plan. To the extent feasible, trails shall be designed to minimize views of development areas and erthance the open space experience of the trail user. Ultimate interpretation of alignments, uses and widths of the trails shall be the responsibility of the Open Space District. The two trails that traverse the development areas of both ranches and the 187-acre private open space area on Grady Ranch shall be rerouted to avoid these areas and to allow connection with Lucas Valley Road. Potential secondary impacts, such as biological and hydrological effects, should be considered by the Open District before constructing new trails. Prior to issuance of the first building permit, the Open Space District shall verify compliance with this condition to the CDA - - Planning Division. This trail easement dedication requirement shall be incorporated into the Precise Development conditions of approval. (Public Services-- Trails, #5.10-14[a}, #5.10-14[cj and #5.10-14[e}). 60. The Mitigation Monitoring and Reporting Program for the· Lucasfilm project, identified as "Exhibit 4" of the approval resolutions, is hereby approved. The detailed reporting checklist in a table format reflects the .specific monitoring, implementation and timing provisions of the EIR mitigation measures outlined in the Conditions 1 through 59. The reporting checklist shall serve the purpose of verifying project compliance with required Conditions 1 tlJrough 59. Responsible agencies, County staff and/or hired consultants under contract to the County shall verify project compliance with these EIR-related conditions of approval through the reporting checklist. The Applicant shall fund any additional County costs incurred from third parties for project compliance verification by registered professionals hired by the County. Funding by the Applicant for such project compliance verification by third-party, registered professionals hired by the Co'unty shall not exceed a cumulative total of $125,000. Marin CommuniJy Development Agency -- Planning Division 61. EXCEPT AS MODIFIED HEREIN BY CONDITIONS OF APPROVAL, the Lucasfilm, Ltd. Master Plan 90-012 and Use Permit 95-058 applications are hereby approved for the construction of two separate office building complexes, including a facility for digital film production and related uses on Grady Ranch and a facility for development of interactive multimedia products and related uses on Big Rock Ranch. The Grady Ranch complex shall not exceed 456, 100 square feet of floor area; and the Big Rock Ranch complex shall not exceed 184,700 square feet of floor area. The development area on both ranches shall constitute only 5% of the entire acreage of these ranches. The remaining 95%, or 2,048 acres, shalrbe permanently preserved as open space. Also included in this approval are tile McGuire and Lorna Alta Ranches. Both of these ranches, which contain a total of 1,235 acres located across Lucas Valley Road from Big Rock Ranch, shall be permanently preserved in their entirety as open space. No development is approved on. either one of these ranches. The subject property is comprised of the Grady, Big Rock, McGuire and Lorna Alta Ranches and is currently identified as Assessor's Parcel Numbers 164-310-01, -02, -07, -10, -11, -12 and -13; 164-320-01, -02 and -03. 62. Pursuant to Chapter 22A5 of Marin County Code, a Precise Development Plan shall be submitted for review and approval by tile Marin County Planning Commission. No development, land improvements, and/or building construction shall commence until a Precise Development Page 35 of 41 i: icurldrp lbos ILucasEx3. doc "EXHIBIT 3" ,. Plan is approved for a portion of, or for the entire area of, the Master Plan. EXCEPT AS MODIFIED HEREIN BY CONDITIONS OF APPROVAL, plans submitted for a Precise Development Plan approval shall be in substantial conformance with the following approved Lucasftlm Master Plan exhibits on file in the CDA --Planning Division: a. "Exhibit A," the location, vicinity, site, preliminary landscape, architectural, preliminary grading and drainage, boundary, and geologiC and exploration plans for the Grady, Big Rock, McGuire and Lorna Alta Ranches prepared by Design Planning Associates, Bradanini & Associates, Harlan Tait Associates, LL Schwartz Associates-, Inc., and William B. Vandivere, P.E., last revised and submitted on December 6, 1994, consisting of 13 sheets; and b. "Exhibit B," the Master Plan text ("Application Narrative -- Description of Proposed Development"), submitted on October 11, 1994, consisting of 24 pages. The digital film production and interactive multimedia development uses described in Exhibit B shall not be deemed to limit or exclude other office uses which may occur within· project buildings, provided that such office uses substantially conform with the use characteristics and population lii:nits and allocations described in the Master Plan application. These Exhibits approved herein are conceptual in nature and more specific ·plans shall be submitted as part of a Precise Development Plan. 63. This Master Plan and Use Permit approval is valid for an initial two-year period. Upon written request by the Applicant and payment of appropriate· fees, the Community Development Agency Director may authorize extensions to this approval period for a maximum period of four years beyond the initial two-year period (six years total). This Master Plan and Use Permit approval shall not expire if a Precise Development Plan approval is obtained for a portion of, or the entire area of, the Master Plan. 64. The total maximum on-site population on both Grady Ranch and Big Rock Ranch shall not exceed· an aggregate of 640 employees and overnight guests. Specifically, in applying this on-site - population limit, up to- 340 employees and overnight guests on Grady Ranch and up to 300 employees on Big Rock Ranch are permitted. ,As used herein, "employees" means all employees of the Applicant, -such as office employees for digital film production and contracted employees for various services (e.g., restaurant and landscaping services). "Overnight guests" means the total number of guest units provided on Grady Ranch for clients or guests of Lucasfilm that stay overnight in the guest units. All other persons, including guests (as opposed to overnight guests) or visitors, clients, vendors, and delivery personnel, are not included in on-site population counts. On-site population limitations shall be monitored by reference to company records respecting the total number of employees and overnight guests on site on a daily basis. This information shall be compiled quarterly to provide an accurate profile of the average daily site occupancy during the quarter. Fluctuations in the daily on-site -population limits for both ranches may be permitted as long as the fluctuations are not significant and the average daily populations dnring the quarter do not exceed 340 employees and overnight guests on Grady Ranch and 300 employees on Big Rock Ranch. At the request of the County, the Applicant shall provide a quarterly report to the County of these monitoring records. The first Precise Development Plan application shall describe the nature of special events that may be held at either the Grady Ranch or Big Rock Ranch facilities, including the purpose, frequency, size, and timing. Page 36 of 41 i: lcurldrp Ibas ILucasEx3. doc. "EXHIBIT 3" 65. In order to encourage the success of Transportation System Management measures required by Condition 47 herein, the number of parking spaces under the Main Office Buildings on both Grady and Big Rock Ranches shall be reduced to 306 spaces under the Main Office Building 011 Grady Ranch and to 270 spaces under the Main Office Building on Big Rock Ranch. These reductions assume a 10% daily reduction in single occupant vehicle use to both facilities. The excess garage area, approximately 15,000 square feet on Grady Ranch and 10,000 square feet on Big Rock Ranch, could be utilized for storage and/or mechanical space. 66. This approval hereby acknowledges all prior Use Permit and Design Review approvals on Grady Ranch for the two major telecommunication sites on top of Big Rock Ridge within those lease area parcels currently identified as Assessor's Parcel Numbers 164-310-07 and -13. All modification, installation and construction activities related to the telecommunication facilities on these sites shall continue to be reviewed under separate Use Permit and/or Design Review applications. 67. Prior to issuance of the first building permit, the Applicant shall comply with the following requirements: a. A deed restriction shall be filed for record at the Marin County Recorder's Office that would result in recordation of, or reference to, these Master Plan and Use Permit conditions of approval herein to clearly indicate that the use of property within the Master Plan area is subject to the terms of these conditions of approval. Specifically, the approved principal use of the property is offices and related accessory rises that substantially conform with the use characteristics and population limits and allocations described in the Master Plan application. Industrial use of the property, such as manufacturing that involves mechanical or chemical transformation of materials and/or mass production or assemblage of products for distribution, shall not be permitted. The final form of the deed restriction shall be subject to the review and approval of County Counsel. The purpose of this condition, which is made to benefit the general public of the County of Marin, is to provide public notice to future owners and lessees that property within ·u1e Master Plan area shall be developed and utilized consistent with the project approved herein. b. As offered by the Applicant, fee ownership of approximately 800 acres of Grady Ranch shall be conveyed to the Marin County Open Space District. At the request of the Applicant, the Open Space District alternatively may consider permanent preservation of the 800 acres as open space through retention of fee ownership by the. Applicant, subject to permanent deed restrictions on development and dedications of public trail easements. In the event that the Open Space District elects to preserve the 800 acres as open space through the deed restriction alternative, the Applicant shall be financially responsible for construction and maintenance of the public trails within the dedicated trail easements. c. As offered by the Applicant, a deed restriction shall be filed for record at the Marin County Recorder's Office that would permanently preserve approximately 187 acres of Grady Ranch around the 52-acre development area as private open space. No development, other than fencing and site restoration measures approved herein, shall be permitted within the restricted area. The final form of the deed restriction shall be subject to the review and approval of County Counsel. Page 37 ot 41 i: \cur\drp \bas \LucasEx 3. doc "EXHIBIT 3" d. As offered by the Applicant, an agricultural conservation easement of approximately 2,296 acres over Big Rock, McGuire and Lama Alta Ranches shall be conveyed to the Marin County Open Space District or the Marin Agricultural Land Trust. e. As offered by the Applicant, all trail easements developed in collaboration with the Open Space District shall be offered for dedication to the Open Space District by separate easement document(s). · f. Grady Ranch shall be annexed in its entirety into the Marinwood Community Services District for fire protection by the Marinwood Fire Department, and the 52-acre development area of Grady Ranch shall be annexed into the Marin Municipal Water District and Las Gallinas Valley Sanitary District for water and sewer service, respectively. 68. Prior to issuance of a building permit for a given phase of the project, the Applicant shall submit either: (1) a Statement of Conformance form, signed by a certified or licensed landscape design professional, which confirms that landscape and irrigation plans have been designed in conformance with provisions of Chapter n.IO of Marin County Code; or (2) if applicable, a letter from the Marin Municipal Water Distrc~t ("MMWD") which confirms that landscape and irrigation plans have been approved pursuant to MMWD's Water Conservation Ordinance No.- 326. 69. The Applicant shall be responsible for ensuring that the number of construction vehicles on site shall be limited to the minimum number necessary to complete the project. 70. 'Prior to issuance of a Certificate of Occupancy for a given phase of the project, the following requirements shalf be satisfied: a. Approved landscaping and drip irrigation systems shall be installed. The Applicant shall request an inspection of the required landscaping and irrigation by the CDA -- Planning Division at least five working days before the anticipated completion of the project. Failure to pass inspection would result in withholding of the Certificates of Occupancy and imposition of hourly fees for subsequent reinspections. The Applicant and the County shaH enter into a Standard Performance Agreement to ensure the maintenance and survival of any introduced landscaping for a minimum period of five years. Such agreement would be secured by the Applicant depositing a security in an amount sufficient to replace any landscaping that does not survive the term of the agreement. b. All soils disturbed by development of the project shall be reseeded with native grasses or wildflowers to conirol erosion. c. All exterior flashing, sheet metal, or metal work shall be painted an appropriately subdued, non-reflective color. d. All utility connections and extensions serving the project shall be installed underground. 71. Any changes or additions to the project shall be submitted to the CDA -- Planning Division for review and approval before the contemplated modifications may be initiated. Page 38 of 41 i:lcurldrplboslLucasEx3. doi:: "EXHIBIT 3" Marin County Department of Public Works-- Land Use & Water Resources Division 72. The following conditions of approval shall be addressed in the Precise Development Plan, as necessary, or be completed or complied with prior to, or in conjunction with, the issuance of a grading permit for a given phase of the project: a. Detailed geotechnical investigations shall be conducted and comprehensive reports and analyses shall be prepared. b. Plans shall be submitted that show all areas of slope instability located inside the proposed development areas, at the proposed dam and reservoir, and along the Lucas Valley Road realigmnent. Plans shall describe in detail how each area of unstable slope would be repaired. c. Plans shall be submitted that indicate expansive soil areas and include mitigation measures for such areas under pavements and structures. d. ,Detailed grading plans shall be submitted, prepared in accordance with the specifications of the geotechnical reports. Cuts and fills must balance on site. Grading shall be held to the absolute minimum necessary for site preparation and construction. e. The proposed earthen dam shall be designed in detail and in accordance with the recommendations of a geotechnical report. The design shall include repair of landslides affected by the proposed reservoir and mitigate for potential flooding impacts. f. Plans shall submitted that provide details of creek alterations, including hydrology and hydraulic design of the proposed creek line and culvert and creek erosion control plans. g. A detailed erosion and sedimentation control plan shall be submitted as part of the grading plans for a given phase of the project. This plan shall include the time of year when tl1e site is to be winterized, the specific control measures to be u~ed, and a plan sheet showing the placement of all erosion and sedimentation control devices. h. If the area of land disturbed by development is more than 5 acres as part of the grading plans for a given phase of the project, than the Applicant shall submit a copy of the Notice of Intent and Storm Water Pollution Prevention Plan required by the San Francisco Bay Basin Regional Water Quality Control Board for coverage under the State General Construction Activity Stormwater Permit. i. Plans shall be submitted that provide for the geometrical design of roadways, parking areas, drainage improvements, location of the site retaining walls and other relevant improvements. j. Traffic striping, signs and curb painting shall be provided at appropriate locations. Marin County Department of Public W arks -- Traffic Pivision 73. Prior to issuance of the first building permit, the Applicant shall pay a "fair share" regional traffic mitigation fee if a funding mechanism for regional transportation improvements is Page 39 of 41 i: lcurldrp lbos ILucasEx 3. doc "EXHIBIT 3" established. The Applicant would pay the fair-share fee pursuant to the Marin County Congestion Management Plan if the Congestion Management Agency adopts a fee program prior to issuance of the first building permit. The amount of the Applicant's fair-share fee would be determined at that time by the DPW -- Traffic Division, in consultation with the Cal trans. Marin County Fire Department 74. All new construction, including buildings and roadways, shall conform to tl1e provisions of Public Resources Code §4290 and the requirements of the Mar inwood Fire Department. 75. Access roads, fire hydrants and a functioning water delivery system shall be installed prior to the construction of project buildings. 76. Prior to issuance of the first Certificate of Occupancy for Grady Ranch, the Applicant shall provide public safety "voting" repeater equipment on site to enhance emergency communications in the area in addition to the existing radio system for the area. · Marin County Office of Waste Management 77. Prior to issuance of a building permit for a given phase of the project; the Applicant shall complete and file a Hazardous Materials Disclosure Form with the Marin County Office of Waste Management pursuant to Chapter 7.90 of Marin County Code. The Disclosure Form shall be reviewed and certified by the Office of Waste Management. If the project is certified as a regulated business, the Applicant shall prepare and submit for review and approval by the Office of Waste Management a Business Plan prior to issuance of a Certificate of Occupancy for a given phase of the project. The Business Plan shall address emergencies and contingencies for accidental spills of hazardous materials and include a hazardous material inventory and location map, detailed floor plans of the buildings, labeling and identification procedures, employee training measures for inunediate response, and coordination with local emergency service providers. The Business Plan shall be annually updated and monitored by the Office of Waste Management. Marin Municipal Water District ("MMWD"l 78. Prior to issuance of the first grading permit for Big Rock Ranch, the Applicant shall enter into a Watershed Protection Agreement with the MMWD. · 79. Prior to issuance of a building permit for a given phase of the Grady Ranch project, the Applicant shall incorporate appropriate water conservation measures into the project landscape plans. The final landscape plans shall conform with MMWD regulations related to water conservation and shall be submitted to the MMWD for review and approval. 80. Prior to issuance of the first building permit for Grady Ranch, the Applicant shall pay all infrastructure costs for required on- and off-site water system improvements necessary to serve Grady Ranch. Specifically, the Applicant is required to pay for: (I) the installation of an on-site, 120,000-gallon water storage tank at an elevation of approximately 500 feet above mean sea level, (2) the construction of a new.pump station approximately 350 southwest of the Creekside Drive water tank in Lucas Valley Estates, and (3) connection to the 12-inch water main in Lucas Valley Estates. Page 40 of 41 i:lcur\drp \bas \LucasEx 3. doc "EXHIBIT 3" .- 81. Prior to issuance of a Certificate of Occupancy for a given phase of the Grady Ranch project, MMWD shall verify to the·CDA -- Planning Division that the Applicant has complied with requirements of the MMWD to receive water service. Las Gallinas Valley Sanitary District ("LGVSD") 82. Prior to issuance of ~he first building permit for Grady Ranch, the Applicant shall pay all infrastructure costs for required on- and off-site sewer system improvements necessary to serve Grady Ranch. 83. Prior to issuance of a Certificate of Occupancy for a given phase of the Grady Ranch project, LGVSD shall verifY to the CDA -- Planning Division that the Applicant has complied with requirements of the LGVSD to receive sewer service. Pacific Gas & Electric Company ("PG&E") 84. Prior to issuance of the first grading permit for Grady Ranch, the Apylicant shall comply with appropriate requirements of PG&E to relocate the 40-foot wide PG&E easement through. Grady Ranch and to construct any improvements within this relocated easement. Page 41 of 41 t' lcurldrp\boslLucasEx3. doc "EXHIBIT 4" ... ~, MITIGATION MONITORING AND REPORTING PR0GRAM"" Lucasftlm, Ltd. Master Plan and Use Permit I. INTRODUCTION A. Background Assembly Bill 3180 became law in California on January 1, 1989. This bill requires all public agencies to adopt wjtigation or reporting programs when they approve projects with Environmental Impact Reports or Negative Declarations that identify significant environmental impacts. The reporting and monitoring program must be adopted when a public agency makes its findings under the California Environmental Quality Act Chapter 2.6 Section 21081.6 so that the program can be made a condition of project approval. The program must be designed to ensure project compliance with mitigation measures during project implementation. If certain project impacts extend beyond the project implementation phase, long-term mitigation monitoring should be provided in the monitoring program. B. Purpose The Lucasfilm Mitigation Monitoring and Reporting Program ("MMRP") would ensure that all required mitigation measures are completed as part of project construction and maintained in a satisfactory manne~ during project implementation. This prograll! is designed in a table format for ease of use by the responsible parties. The table identifies the individual impacts, corresponding mitigation measures, individual/agency responsible for implementation, time frame for· implementation, and assigns a party responsible to implement, monitor, and confirm the implementation of the mitigation measure. The table will be used by the County of Marin to verify that all required mitigation measures are incorporated into ·the project, and will provide a convenient tool to determine whether required measures have been fulfilled. II. MITIGATION MONITORING AND REPORTING PROGRAM A. Management The Marin County Community DevelopmeQt Agency ("CDA ") will be responsible for overseeing implementation and administration of the MMRP for the Lucasfilm project. A staff member designated by the CDA Director will manage the MMRP. If current staffing in the Community Development Agency cannot absorb the task of managing the MMRP, an independent contractor will be hired at the expense of the project applicant. The independent contractor would serve under the direction of the Environmental Coordinator. Duties of the staff member responsible for program coordination, whether a permanent County staff member or independent contractor, would include the following: 1. Conduct routine inspections, plan checking, and reporting activities. 2. Serve as a liaison between the County and project applicant regarding mitigation monitoring issues. 3. Coordinate activities of consultants hired by the project applicant when such expertise and qualifications are necessary to implement and monitor mitigation measures. Page 1 of 30 i: lcurldrp lbos ILucasEx4. doc "EXHIBIT 4" I· : 4. Coordinate with agencies having mitigation monitoring responsibilities. 5. Assure follow-up and response to citizens complaints. 6. Complete forms, checklists and other documentation provided by the County for reporting. Maintain reports and other records and documents generated by the monitoring program. 7. Coordinate and assure corrective actions or enforcement measures are taken, if necessary. B. Baseline Data The baseline data for each of the environmental impact report ("EIR ") mitigation measures to be monitored over the duration of the project is contained in the certified 1996 Lucasfilm Final EIR (SCH 95033021). C. Dispute Resolution The overall program goal to ensure compliance with required mitigation measures could create disputes· between the County and project applicant over what constitutes compliance. Therefore, a procedure for conflict resolution needs to be established as part of the MMRP. In the event of disagreement about appropriate mitigation measure implementation, the responsible County staff member will notify the .Environmental Coordinator via a brief memo and hold a meeting with ·project applicant. After assessing the information, the responsible staff member will determine the appropriate meth<;>d for mitigation implementation and will notify the Environmental Coordinator of the decision. The project applicant, Environmental Coordinator, or any interested member of the public may trigger Planning Commission review by timely appeal or direct referral. The decision of the Planning Commission may be appealed to the Board of Supervisors. D. Enforcement The MMRP will be incorporated as a condition of project approval. Therefore, all mitigation measures and monitoring requirements must be complied with iu order to fulfill tl1e requirements of the approval. A number of the mitigation measures will be implemented during the course of the development review process. These measures will be checked in plans, in reports, and in the field prior to granting of subsequent approvals and/or permits (i.e., precise development plans and grading, buildillg, and occupancy permits). If compliance is not found, these approvals and permits would not be granted. The remaining mitigation measures will be implemented during the construction, or project implementation phase. If work is performed in violation of mitigation measures, stop work orders would be issued. Other mitigation measures will be monitored over time in order to ensure long-term compliance. Community Development Agency staff may provide for revisions to mitigation measures if necessary to assure success, subject to the appeal process and compliance with CEQA requirements for subsequent or supplemental review of any significant changes to the project EIR. Mitigation measures and monitoring actions are provided in the attached table. Page 2 of 30 i: \cur\drp \pc\LucasEx4. doc "EXHIBIT 4" E. The Program The attached MMRP table is derived from Appendix E of the project EIR. The table identifies the impact, mitigation measure(s), and. level of significance after mitigation. Each impact and mitigation measure number (i.e., Impact #5.1-1, Mitigation Measure #5.1-1) are tbe same as documented in the EIR for the Lucasfilm project. Each impact and mitigation measure is summarized. Detailed discussions of the impacts and mitigations can be found in the EIR. The summary format in the table was intended to avoid the creation of a cumbersome, unusable table. In addition, the table identifies the person/agency responsible for implementation and monitoring of the mitigation. The "When Implemented" column identifies at which stage during the review (or construction) process the mitigation should be implemented. F. Funding Assembly Bill 3180 does not provide a specific funding mechanism for implementation of mitigation monitoring and reporting programs. However, public agencies have the authority to levy charges, fees or assessments to pay for the program, just as they currently do for the preparation of EIRs. For the Lucasfilm project, the project applican! would be responsible for the costs of mitigation monitoring, Page 3 of 30 i: lcurldrplpc iLucas£x4. doc "EXHIBIT 4" Page 4 of 30 i;Jcur\drp Jpc JLucasEx4. doc "EXHIBIT 4" Lucasfilm Master Plan and Use Permit Mitigation Monitoring and Reporting Program Table. Impact (SBM) Mitigation (RS) Implemented When Monitored Verift'etz By by Implemented By and Date A Geology and Soils 5.1-1 Slope Stability and Grading Impacts. 5.1-1(a) Prepare a comprehensive, Applicant Development DPW Proposed roads, buildings, and other facilities are detailed Slope Stabilization Plan which, Plan located on or adjacent to active and potentially at a minimum, should define the site- active landslides. The extensive site grading specific design of all repairs needed to proposed by the project, particularly undercutting stabilize each oflandslides and areas of of slopes on or near several mapped landslides, slope instability located inside the would result in significant slope stability impacts. development area, describe in detail how Because downhill movement on these landslides each landslide or area of unstable slopes ' could injure people or damage buildings and would be repaired (or removed) and ... - facilities, these slope instability and grading describe how runoff from very steep and impacts are considered to be significant. (S) m;stable slopes would be diverted. 5.1-1(b) Conduct a design-level Applicant Development DPW geotechnical investigation and prepare a Plan comprehensive, detailed Grading Plan. At a minimum the grading should design compacted filled slopes to be no steeper than 2 to I, terrace slopes with non- cemented rip-rap and plant terraces and slopes with vegetation rather than ' designing uniformly graded slopes and • ·' specify alternatives to blasting bedrock in order to loosen rock during grading. k 5.1-1(c) A registered Civil Engineer Applicant Development DPW/ would need to design the proposed Plan/Prior to State Dept. of earthen dam in detail and the applicant issuance of Water should submit the detailed design to the dam permit Resources Department of Water Resources' Divisions of Water Rights and Dam Safety. (MLS) See Key at end of Table on Page 30 Page 5 of 30 i: \cur\drp \bos\LucasEx4':·doc "EXHIBIT 4" Lucasfilm Master Plan and Use Permit Mitigation Monitoring and Reporting Program Table Impact (SBM) Mitigation (RS) Implemented When Monitored Verified By by Implemented By and Date . 5.1-2 Erosion Impacts. Construction in the two 5.1-2 A detailed design-level on-site Applicant Prior to DPW development areas and creek bank stabilization Erosion Control Plan should be issuance of could would cause substantial erosion. (S) formulated and implemented to reduce grading existing erosion and minimize new permit opportunities for erosion of site slopes due to rainfall and off-site transport of eroded soil in stormwater nmoff. Applicant and County should enter into a Applicant/ Prior to final DPW five-year maintenance and monitoring County grading program for erosion control and channel inspection stabilization and restoration measures. (MLS) 5.1-3 Seismic Hazard Impacts. Groundshaking as 5.1-3 In addition to mitigations 5.1-1(a) Applicant Prior to DPW/ a resu]t of a major earthquake could cause rapid, and 5.1-1 (b) a structural engineer with issuance of CDA-BI destructive downhill movements ofrock, soil, and experience in seismic safety should grading or debris in areas of slope instability or could cause design all structures to Uniform Building building the earthen dam to fail or overflow, thus damaging Code and Marin County standards or permits or destroying structures, roads, and utilities and better. (MLS) ' injuring or killing people. (S) ' 5.1-4 Disturbance of Serpentine Rock. 5.1-4 Applicant should prepare and Applicant Prior to BAAQMD • Serpentine rock contains naturally occurring implement a site Health and Safety Plan issuance of asbestos. Disturbance of serpentine rock during for construction activities in asbestos- grading ' construction at Grady and Big Rock Ranches could containing rock. This plan should be permit generate both airborne construction dust and prepared in accordance with CAL-OSHA waterborne particles. (PS) requirements as described in Title 8, Section 5192 of the California Code of Regulations, and would require approval froni the BAAQMD. (MLS) See Key at end of Table on Page 30 Page 6 of 30 i: \cur\drp \bas \LucasEx4;.t(o c "EXHIBIT 4" Lucasfilm Master Plan and Use PermitM(tigation Monitoring and Reporting Program Table Impact (SBM) Mitigation (RS) Implemented When Monitored Verified By by Implemented By .and Date .. 5.1-5 Expansive Soils Expansive soils could 5.1-5 As a part of the design-level Applicant· Development DPW .. cause damage to foundations and pavements. (S) geotechnical investigation (mitigation Plan/Prior to 5.1-1 (b), site-specific recommendations issuance of for mitigation of expansive soils undet grading pavements and structures should be permit provided, if expansive soils are found to be present. (MLS) 5.1-6 Fills. Improperly constructed fills could be 5.1-6 As a part of the design-level Applicant Development DPW subject to instability or excessive settlement. (S) geotechnical investigation (mitigation Plan/Prior to .. 5.!-l(b), describe in detail specifications issuance of for site preparation, fill placement, grading compaction, and subdrainage. (MLS) permit .• 5.1-7 Water Tank Impacts- Grady Ranch. 5.1-7 Water lines should be designed to Applicant Development DPW Landsliding during earthquakes could cause failure accommodate anticipated movement Plan/Prior to of the water lines connecting the water tank to the without breaking or in the event of issuance of Grady Ranch development, which could interrupt breaking, to automatically shut off to grading fire flows. (S) prevent loss of water, and to be rapidly permit repaired to restore service. (MLS) Hydrology and Drainage 5.2-2 Surface Water Drainage Impacts - Stream 5.2-2(a) To mitigate impacts to Miller Applicant Prior to DPW Alterations. Miller Creek would undergo major Creek mitigation 5.1-2 should be issuance of alterations as part of project plans to restore stream coordinated with the County Public grading channels. This is a significant impact. The · Works Department and California permit proposed culvert for Lama Alta Creek would be a Department ofFish and Game and less-than-significant impact. Project plans indicate USACO E. proposed utility lines near or within the Grady 5.2-2(c} Development Plan would be Applicant Development CDA- Creek Stream Conservation Area (SCA). This is a requ·ired to clearly show that proposed Plan Planning potentially significant impact. (PS) development (including utility line rights- of-way) are outside of the SCA.ofMiller Creek. (MLS) See Key at end of Table on Page 30 Page 7 of 30 i: \cur\drp \bos \LucasEx4. doc "EXHIBIT 4" Lucasfi/m.Master Plan and Use Permit Mitigation Monitoring and Reporting Program Table Impact (SBM) Mitigation (RS) Implemented When Monitored Verified By by Implemented By andDpte ,,. i. 5.2-3 Flooding Impacts -- Proposed Big Rock 5.2·3 Same as mitigation 5.1-l(c). (MLS) Applicant Development DPW/ •I 1\ Ranch Dam. Flooding would occur along Nicasio ·l Plan/Prior to State Dept. of '· Creek if the proposed dam fails. (PS) issuance of Water damp=it Resources 5.2·6 Well Water Quality. Aluminum and nitrate · 5.2-6 Water fromthe Big Rock Ranch Applicant Development CDA-EHS could be present in the well water that could be well should be analyzed for aluminum Plan harmful. (PS) and nitrate as N03 to detennine if the water meets State Drinking Water Standards. (MLS) 5.2-7 Erosion and Stream Siltation Impacts. 5.2·7 Same as mitigation 5.1-2. (MLS) Applicant Prior to DPW -· Proposed grading for buildings, roads, creek bank issuance of stabilization, the dam and reservoir, and for grading -· landslide stabilization could have a significant permit/final impact on the streams by contributing a large grading volume of sediment to the streams. (S) inspection See Key at end of Table on Page 30 Page 8 of 30 i:\cur\drp\bos\LucasEx4.·doc "EXHIBIT 4" Lucasfilm Master Plan and Use Permit Mitigation Monitoring and Reporting Program Table Impact (SBM) Mitigation (RS) Implemented When Monitored Verijiltl,l' By by Implemented By and Date 5.2-8 Water Quality Impacts. The project would 5.2-8 Project would include installation Applicant Prior to DPW increase non-pc-int source pollutants in stormwater of oil and grease traps at prescribed issuance of runoff. (S) points in the storm drain systems, a grading maintenance schedule for the oil and permit grease traps Would be developed and a . - street and parking lot cleaning and sweeping program would be instituted. In addition storm drain system outfalls in the underground parking garages and other parking areas should be equipped .. .. with grease traps and a maintenance .. schedule for the traps should be developed. Mitigation 5.1-2 should include a Surface Runoff Pollution Control Plan which addresses both interim and final control measures. (MLS) 5.2-9 Sewage Disposal-- Big Rock Ranch. The 5.2-9 Applicant should prepare a report Applicant Development CDA-EHS proposed project could impact water quality if on the proposed leachfield site that Plan leachfields are located improperly. (PS) includes results of groundwater \ monitoring during the winter and summer • ' to determine groundwater depth below and around leachfield, delineation of surface water drainage ways near 4 !eachfield, and a calculation of the long- term mounding of leach water under the !eachfield. (MLS) See Key at end of Table on Page 30 Page 9 of 30 i: \cur\drp \bas \LucasEx(J;;·doc "EXHIBIT 4" Lucasfilm Master Plan .and.Use Permit Mitigation Monitoring and Reporting Program Table Impact (SBM) Mitigation (RS) Implemented When Monitored Verified By by Implemented By and Date Biological Resources 5.3-1 General Vegetation and Landscape 5.3-1(a) Applicant should prepare a Applicant Development CDA- /mprovem.ent Impacts. Project implementation Landscape and Vegetation Management Plan Planning would require removal of existing vegetation in Plan. The plan should: I) provide for re- areas proposed for development, affecting establishment of native vegetation on primarily non-native grassland. Landscape graded slopes around the fringe of improvements would replace much of the grassland proposed development; 2) provide details cover disturbed by the project, raising concerns on native plantings associated with over the appropriateness of proposed plant •. proposed restoration, enhancement, and ' materials, compatibility with sensitive plant mitigation; 3) establish a program to communities, and need for long-term management salvage suitable native plants for use in to ensure successful establishnlent. (S) landscaping and revegetation; 4) identify unsuitable species which should not be used in landscaping; 5) control the establishment and spread of introduced broom; and 6) specify long-term management provisions to ensure re- establishment of landscape improvements. ·, Applicant and County should enter into Applicant/ Final grading CDA- an Agreement to implement a five-year G:ounty inspection/ Planning - monitoring program by a qualified Prior to ·;,~ biologist for landscaping approved in Certificate of above Plan. Occupancy 5.3-t(b) Vehicles and motorcycles Applicant Development OSD should not be allowed to travel off Plan designated roadways to prevent further disturbance to grassland cover and other vegetation. Bicycles should not travel off designated rmidways or trails. (MLS) See Key at end of Table on Page 30 Page 10 of 30 i: lcurldrp lbos lLucasEx4!:.tloc "EXHIBIT 4" Lucas film Master Plan and Use Permit Mitigation Monitoring and Reporting Program Table Impact (SBM) Mitigation (RS) Implemented When Monitored Verified By by Implemented By and Date . .. 5.3·2 Tree Removal. Development of the project 5. 3·2(a) Trees near the limits of Applicant Development CDA- .. site as proposed would require removal of anticipated grading should be preserved Plan Planning numerous trees, collectively encompassing an and protected to the greatest extent estimated 9.9 acres of forest and woodland cover. possible. (S) 5;3•2(b) Proposed grading to Applicant Development DPW accommodate the Ancillary Building and Plan associated access improvements on Grady Ranch should be modified to protect the numerous specimen-sized trees to the east - - . of the building footprint. 5.3-2(c) Tree preservation guidelines App1icant Development CDA- should be prepared by a certified arborist Plan Planning -- to control possible damage to trees to be preserved. 5.3-2(d) A tree replacement program Applicant Development CDA- should be prepared to provide for Plan Planning replacement of native trees with trunk diameters exceeding 12 inches removed by proposed development. Applicant and County should enter into l).pplicant/ Final grading CDA- ' an agreement to implement a five-year County inspection! Planning monitoring program for tree replacement Prior to landscaping. (MLS) Certificate of Occupancy See Key at end of Table on Page 30 Page 11 of 30 i:\cur\drp\bos\LucasEx4.cJoC "EXHIBIT 4" . Lucasfilm MasterPlan and Use Permit Mitigation Monitoring and Reporting Program Table Impact (SBM) Mitigation (l?S) Implemented When Monitored Verified By by Implemented By and Date '· . r; I I., t 5.3·3 Disturbance to Native Grasslands. 5.3-3 A grassland restoration and Applicant Development CDA- ,, I' Proposed development would collectively affect an enhancement program should be prepared Plan Planning .~ estimated 3 2 acres of purple needlegrass to provide for replacement of native grasslands on the site, which is considered a grasslands disturbed by proposed sensitive natural community by the CNDDB. (S) . development, emphasizing the use of purple needlegrass. Native grasslands disturbed by proposed development should be restored and replaced at a 2 to 1 ratio, with replacement provided on a per acre basis for each cover class lost. Applicant and County sho)lld enter into Applica.'lt/ Final grading CDA- .. an agreement to implement a five-year County inspection! Planning -· monitoring program by a qualified Prior to biologist to ensUre grassland restoration Certificate of and enhancement. (MLS) Occupancy See Key at end of Table on Page 30 Page 12 of 30 i: lcur\drp \bas \Lucas£x4. . Lucasfilm Master Plan and Use Permit Mitigation Monitoring and Reporting Program Table Impact (SBM) Mitigation (RS) Implemented Wizen Monitored VerifiJ;f By by Implemented By af!d bate " 5.3·5 Disruption of Wildlife Habitat. 5.3·5(a) Disturbance within the stream Applicant Development CDA- Development cqhe site would alter existing corridors on the site should be minimized Plan Planning patterns of wildlife use, and could disrupt to protect their function as sensitive movement oflarger species along the creek wildlife habitat. corridors on the site. (S) 5.3-5(b) Proposed pedestrian paths along Applicant Development CDA- the edge of the reservoir on Big Rock Plan Planning Ranch should be restricted to the northern side of the reservoir where development is proposed. Development CDA- 5.3-5(c) Dense emergent vegetation Applicant - should be established around the Plan Planning -· pe;rimeter of the reservoit on Big Rock Ranch to provide protective cover and enhance the wildlife habitat value of this open water feature. Development 5.3·5(d) Methods to exclude deer from Applicant CDA- the development areas should be Plan Planning coordinated with and meet with the approval of the CDFG. (MLS) -'! See Key at end of Table on Page 30 Page 13 of 30 i: \cur\drp \bos\LucasEx4o doc "EXHIBIT 4" Lucasfilm .Mas~r Plan and Use Permit Mitigation Monitoring and Reporting Program Table Impact (SBM) Mitigation (RS) Implemented When Monitored Verified By by Implemented By and Date 5.3-6 Impacts on Special-Status Plant and 5.3-6(a) A special-status plant protection Applicant Development CDA- Animal Species. While no special-status species program should be prepared to provide Plan Planning would be directly affected, there remains a for the protection of the populations of possibility that raptor nests could be destroyed or Tiburon buckwheat, Marin western flax, abandone!l. This is a potentially significant impact and woolly-headed lessingia associated which can only be determined through with the serpentine formation to the south supplemental field surveys before construction .. of the reservoir on Big Rock Ranch. Dewatering the reservoir during construction of the Applicant and County should enter into Applicant/ Final grading CDA- new reservoir on Big Rock Ranch would an agreement to implement a five-year County inspection! Planning .. temporarily eliminate Western Pond Turtle habitat, monitoring program by a qualified Prior to leading loa potential short-term loss of turtles. biologist to ensure special-status plant Certificate of (PS) protection. Occupancy 5.3-6(b) Active raptor nests within Applicant Prior to CDA- development areas should be avoided issuance of Planning until young birds are able to leave nests. grading Avoidance may be accomplished either permit by scheduling grading and tree removal during the nDn-nesting period (August 15 through January 14), or if this is not ' feasible, by conducting a pre-grading· survey for raptor nests. If active nests are • encountered, species specific measures should be prepared by the biologist and ' implemented. 5.3-6(c) The existing western pond turtle Applicant Prior to CDA- population at the reservoir on Big Rock Issuance of Planning Ranch should be preserved through grading and creation of a temporary impoundment or dam permits through temporary relocation of turtles to the existing pond on Skywalker Ranch during dam reconstruction. (MLS) - ' See Key at end of Table on Page 30 Page 14 of 30 i: lcurldrp \bas \LucasEx1odoc "EXHIBIT 4" Lucasfilrn Master P/ari and Use Permit Mitigation Monitoring and Reporting Program Table Impact (SBM) Mitigation (RS) Implemented When Monitored Verlfr.ed By by Implemented By and Date 5.3-7 Disturbanc;e to Wetlands and 5.3-7 A wetland protection, replacement, Applicant Development CDA- -- Watercourses. While proposed development and restoration program should be Plan Planning/ would generally avoid the limited wetland habitat prepared which meets with the approval CDFG/ on the site and provide for enhancement of stream of the County, the USACOE, and the USACOE corridors, some direct loss would occur, secondary CDFG. The wetland plan should clearly impacts may result from erosio~ and water quality identify the total wetlands and other cl.egradation, and review and coordination with jurisdictional areas affected by the jurisdictional agencies would be required due to proj0ct, serving to replace wetland habitat channel improvements and realignment. (PS) lost at a 2 to 1 ratio, and providing for re- ... establishment, enhancement, and I or replacement of wetland vegetation. - Applicant and County. should enter into Applicant/ Final grading CDA- - an agreement to implement a five-year County inspection/ Planning monitoring progtam by a qualified Prior to biologist to ensure wetlands protection, Certificate of replacement, and restoration. (MLS). Occupancy Agricultural Productivity ' 5.4-4 Cumulative Loss of Grazing Land. 5.4-4 Applicant should dedicate fee Applicant Prior to MOSD Adopting and implementing the Lucasfilm Master ownership of 800 acres on Grady Ranch issuance of Plan would result in a loss of 56 acres of Grazing to the Marin Open Space District with the • building - Land on Big Rock Ranch. The cumulative effect provision that the lands be used for permit of converting 56 acres of grazing land in the agriculture, ranching, open space and County's Inland Rural Corridor would contribute other uses that are consistent with the incrementally to the slow erosion of the Marin County Code in order to assure the agricultural land supply: (S) long-term productivity of the site. The Open Space District alternatively may consider retention of fee ownership by the Applicant, subject to permanent deed restrictions, dedications of trail easements, and provisions for agriculture. (MLS) - See Key at end of Table on Page 30 Page 15 of 30 i:[cur[drplbos[LucasEx4.doc "EXHIBIT 4" . Lucasfilm Master Plan and Use Permit Mitigation Monitoring and Reporting Program Table Impact (SBM) Mitigation (RS) Implemented When Monitored Verified By by Implemented By and Date I > 'I I., 5.4-5 Urban-Rural Conflicts Between 5.4-5 An Agricultural Management Plan Applicant Development CDA- ,,:, Agricultural and Non-Agricultural Uses. should be prepared for the proposed Plan Planning .~ Adopting and implementing the Lucasfilm Master project and include Grady Ranch. Plan would not be expected to result in significant · Among the items included in the plan urban-rural conflicts from recreational users. should be a.list.ofpermitted and non- However, lmplernentation of the Lucasfilm Master p=itted uses and practices, a provision Plan has the potential to disrupt grazing operations that normal agricultural operations do not on the site. (PS) constitute a "nuisanc~" to non-agricultural operations, and a list of management practices that will maintain or improve the long-term productivity of the site. .. (MLS) Visual and Aesthetic Quality ' 5.5-3. Grady Ranch •• View From Lucas Va/ley 5.5·3 Outdoor night lighting should be Applicant Development CDA- Road Entry (Nighttime View). Development focused downward and I shielded. A Plan Planning would introduce uighttime sources of!ight. (PS) specialist in lighting design should be . consulted to determine light source locations, light intensities, and types of light sources for both outdoor and indoor locations on Grady and Big Rock ranches . (MLS) • J See Key at end of Table on Page 30 Page 16 of 30 i: [curldrp lbos\LucasEx4.-cloc "EXHIBIT 4" Lucasfilm Master Plan and Use Permit Mitigation Monitoring .and Reporting Program Table Impact (SBM) Mitigation (RS) Implemented When Monitored Verifi/#By by Implemented By and. Date ,, 5.5·6 Big Rock Ranch -- View From Eastern 5.5-6(a) The proposed berm should be Applicant Development· DPW Driveway Entr:mce. Development on Big Rock modified so that the grading is more Plan Ranch would be visible from this location. The rolling, sloping downwards on either side straight lines created by the proposed berm would of the tunnel. seem unnatural. This would be a significant 5.5-6(b) A qualified landscape architect Applicant · Development CDA- impact The proposed dam, tunnel within the should prepare and submit a detailed Plan Planning berm, and roof lines from the Main Office and Landscape and Vegetation Management Archives and Maintenance I Management Plan for review and approval. The buildings that would be dissimilar from the angled- landscape plan should be identify when lines of the background spur ridges would create the proposed landscaping would reach a significant short-term visual impacts, but these -· level of maturity required to block views .. .. impacts would be mitigated by the proposed for the project -- most importantly viewed landscape plan upon vegetative maturity. (S) from various locations along Lucas Valley Road to the proposed dam, tunnel, Main Office and Archives and Maintenance I Management buildings. (MLS) 5.5-7 Big Rock Ranch- View Looking West 5.5-7 Same as mitigations 5.5-6(a) and Applicant Development DPWI Along Lucas Valley Road. Development on Big 5.5-6(b): (MLS) Plan CDA- Rock Ranch would be visible from this location. Planning ' Significant impacts as described in Impact 5.5-6 • '' would also effect viewpoints from this location. In addition, beneficial visual impacts would be created by the removal of the existing buildings. ); (S) ~ee Key at end of Table on Page 30 Page 17 of 30 i: 1cur\ drp \bas \Lucas Ex 1-··do c "EXHIBIT 4" . Lucasfilm Master Plan and Use Permit Mitigation Monitoring and Reporting Program Table Impact (SBM) Mitigation (RS) Implemented When Monitored Verified By by Implemented By and Date 5.5-8 Water Tank and Pumping Station 5.5-8 For the Grady Ranch tank, the Applicant Development CDA- Locations. Water tanks would be constructed on applicant would be required to follow Plan Planning both Grady and Big Rock Ranches, as well as a design criteria as developed by the pumping station in Lucas Valley Estates. As no :MMWD after consultation with specific landscaping or color scheme has been concerned local groups or individuals. developed for the t.lnks, it is unclear if future For the Big Rock Ranch tank, the visual elements would borrow or repeat the form, applicant would be required to submit a line, color and texture of its surroundings, as color scheme for the tank. The color required under moderate visual sensitivity. (PS) scheme would be required to minimize .·. color contrasts with the surrounding terrain. (MLS) ·- Archaeological and Historical Resources . 5.6-1 Impact to CA-Mm-464. Grading and 5.6-1 Development of the entrance road, Applicant Development CDA- construction immediately north of the petroglyph the "cut and cover" tunnel, and the Gate Plan/Prior to Planning site CA-Mrn-464 would result in significant House I Manager's Office and Residence issuance of impacts. (S) should be sited to avoid the outcroppings grading that contain petroglyphs. If avoidance is permit not feasible, an alternative plan should be ·, developed. This would include measuring, mapping, drawing, and photographing all petroglyph features, • cupules, and outcroppings in order to .:;; document the resource. Also include the placement of removed rock art outcroppings somewhere in the immediately vicinity where they can be preserved. (MLS) S.ee Key at end of Table on Page 30 Page 18 of 30 i: \cur\drp \bos\L ucasFx4rrinr "EXHIBIT 4" · · · Lucas film Master Plan and Use Permit Mitigation Monitoring and Reporting Program Table Impact (SBM) Mitigation (RS) Implemented When Monitored Verified By by Implemented By and Date - 5.6-2 Impact to CA-Mrn-465. Grading and 5.6-2 Development of the Archives Applicant Development CDA- -- construction of the Archives Building where Building should be revise to avoid the Plan/Prior to Planning petroglyph site CA-N,[rn-465 is situated would petroglyph outcroppings by relocating the issuance of result in a significant impact. (S) ' building site completely out the 30-meter grading radius of the site boundary. If avoidance permit is not feasible, an alternative plan should be developed. This would inClude mea ;uring, mapping, drawing, and photographing all petroglyph features, cupules, and outcroppings in order to -- document the resource. Also include the placement of removed rock art Oliitcroppings somewhere in the .. immediately vicinity where they can be preserved. (MLS) - 5.6-3 Impact to CA-Mrn-495, Grading and 5.6-3 The location of the access road, and Applicant Development CDA- construction of a new roadway and bridge, where possible the bridge across Big Rock Plan/Prior to Planning the northeast portion of the midden site CA-Mrn- Creek, shall be altered to avoid the entire issuance of 495 is located, would result in CA-Mrn-495 midden site. If avoidance is grading significant impacts, (S) not feasible, an excavation plan should be permit developed. A full scale excavation • ·- program shall be conducted in accordance with a comprehensive research design. (MLS) -- See Key at end of Table on Page 30 Page 19 of 30 i:\cur\drp\bos\LucasEx4._doc "EXHIBIT 4" Lucasfilm MasterPlan and Use Permit Mitigation Monitoring and Reporting Program Table Impact (SBM) Mitigation (RS) Implemented When Monitored Verified By by Implemented By and [),ate :~ l !., 5.6-4 Potential Disturbance of Other Important $.6-4 An archaeologist experienced in Applicant! Prior to CDA- ,..•I Cultural Resources. Construction could disturb North Bay prehistory and research County issuance of Planning ~ currently unknown cultural resources. (PS) considerations should hold a pre- grading construction grading seminar with the permit applicant to present information on the . potential for, and nature of, buried archaeological resources and how to identify the resources. If cultural deposits are encountered Applicant/ During CDA- during construction, halt construction in County grading Planning the vicinity and consult a qualified archeologist. The archeologist shall .. conduct independent review of the find, which the County shall oversee. An archaeologist experienced in North Applicant/ During CDA- Bay prehistory and research County grading Planning considerations should monitor grading and building activities near known midden and petroglyph sites. Full-time monitoring should take place as recommended by the consulting • archaeologist. (MLS) See Key at end of Table on Page 30 Page 20 of.30 i: lcurldrp lbos ILucasEx4.aoc "EXHIBIT 4" · Lucasfilm MasterPlan and Use Permit-Mitigation Monitoring and Reporting Program Table Impact (SBM) Mitigation (RS) Implemented When Monitored Verifiit}t By by Implemented By and Date Transportation and Circulation 5.7-1 Existing Plus Project AM and PM Peak 5. 7-1 ·The applicant should pay required Applicant Prior to DPW-Traffic Hour Conditions. The proposed project and in Northgate Activity Center Plan traffic issuance of conjunction with existing traffic conditions would mitigation fees and its fair share for the building create significant AM peak hour impacts for the improvements reCO!lUflended in measures permit! Miller Creek Road I Lucas Valley Road, Highway 5.7-1(a) and 5.7-1(d). 101 Southbound Ramps I Lucas Valley Road, and 5.7-1(a) Miller Creek Road I Lucas Applicant Prior to DPW-Traffic Highway 101 Northbound Ramps I Lucas Valley Valley Road-- The recommended issuance of Road intersections. Significant AM and PM measures at this intersection is to provide building impacts would be created for the Los Gamos Road .. an acceleration lane for left-turning permit I Lucas Valley Road L'ltersection. (S) vehicles on Lucas Valley Road or a signaL 5. 7-1 (b) Los Gamos Road I Lucas Valley Applicant Prior to DPW-Traffic Road -- The recommended mitigation issuance· of measure at this intersection is the building installation of the programmed traffic permit signaL 5.7-1(c) Highway 101 Southbound Applicant Prior to DPW -Traffic Ramps I Lucas Valley Road-- Temporary Certificate of ,.,. signalization is the recommended . Occupancy mitigation measure at this intersection. Applicant to pay its "fair share" of transportation mitigation measures prio; to issuance of a building pennit. See Key at end of Table on Page 30 Page 21 of 30 i: \cur\drp \bas lLucasExLfdoc "EXHIBIT 4" Lucasfilm Master Plan and Use Permit Mitigation Monitoring and Reporting Program Table Impact (SBM) Mitigation (RS) Implemented When Monitored Verified By by Implemented By and Date 5.7-1 Existing Plus Project AM and PM Peak 5.7·1(d) Highway 101 Northbmmd Applicant Prior to DPW-Traffic Hour Conditions (Continued). Ramps /Smith Ranch Road --In order to issuance of iinprove the AM peak hour Level of building Service a second eastbound through lane permit wo11ld be necessary.. Preliminary study of this mitigation indicates that the second through lane could begin the east side of the Highway 101 underpass eliminating the need to widen the underpass. 5.7-1(e) Preparation and submittal of a Applicant Development CDA- tramportation-reduction program that Plan/Prior to Plai:ming includes the existing Transportation Certificate of System Management measures currently Occupancy implemented as part of the Skywalker Ranch Employee Transportation Program and establishes a vanlbuspool or shuttle bus for employees at Grady, Big Rock, and Skywalker ranches or includes other ·, traffic improvements and/or combination of other traffic improvements and TSM measures that meets the required Level of • Service standard for the area. (MLS) . ~ See Key at end of Table on Page 30 Page 22 of 30 i:\cur\drp\bos\LucasEx4_doc "EXHIBIT 4" · Lucasfilm Master Plan and Use Permit Mitigation Monitoring and Reporting Piogram Table Impact (SBM) Mitigation (RS) Implemented When Monitored Verified By by Implemented By and Date ' 5. 7-2 Short-Range Cumulative AM and PM Peak 5.7·2 The applicant should pay required Applicant Prior to DPW-Trii:ffic Hour Conditions. Short-range cumulative Northgate Activity Center·Plan traffic issuance of conditions would create significant'impacts for the mitigation fees and its fair share for the . building Miller Creek Road I Lucas Valley Road, Los improvements recommended in measures permit! Gamos Road I Lncas Valley Road, Highway 101 5.7-2(a), 5.7-2(d), and 5.7-2(f). Southbound Ramps I Lucas Valley Road, Highway 5. 7-2(a) Miller Creek Road I Lucas Applicant Prior to DPW-Traffic 101 Northbound Ramps I Lucas Valley Road Vall• y Road-- Same as mitigation 5.7- building intersections and two unsignalized intersections at !(a). permit highway 101 I Miller Creek Road. (S) . -·· 5.7-2(b) Los Gamos Road I Lucas Valley Applicant Prior to DPW-Traffic Road-- Same as mitigation 5.7-l(b) building permit . 5. 7·2(c) Highway 101 Southbound Applicant Prior to DPW-Traffic Ramps I Lucas Valley Road --Same as Certificate of mitigation 5.7-l(c) Occupancy 5.7-2(d) Highway 101 Northbound Applicant Prior to DPW-Traffic ·, Ramps I Smith Ranch Road -- Same as building mitigation 5.7-l(d) permit 5.7-2(e) Preparation and submittal of a Applicant Development CDA- transportation-reduction program -- Same Plan/Prior to Planning < as mitigation 5.7-l(e). • Certificate of Occupancy 5. 7-2(f) Install signals at both Applicant Prior to DPW-Traffic unsignalized intersections at Highway building I 01 I Miller Creek Road. (MLS) permit .,· -· l Applicant to pay its "fair share" ortn.msporration mitigation ffiC · Lucasfilm Master Plan and (Jse Permit Mitigation Monitorihf! and Reporting Program Table Impact (SBM) Mitigation (RS) Implemented When Monitored Verified By by Implemented By andf{ate 5.7-3 Long-Range Cumulative AM and PM Peak 5.7-3 The applicant should pay required Applicant Prior to DPW-Traffic •I ):~: Hour Conditions. Long-range cumulative Northgate Activity Center Plan traffic issuance of conditions would create significant impacts for all mitigation fees and its fair share for the building of the study intersections. (S) improvements recommended in measures permit! 5.7-3(a) through 5 .7-3(e). 5.7-3(a) Mt. Lassen Drive I Lucas Valley Applicant Prior to DPW-Traffic Roau -- The proposed mitigation measure issuance of . for this intersection is installation of a building left-tunl. acceleration lane for southbound permit left-turning vehicles. ~ 5. 7-3(b} Miller Creek Road I Lucas Applicant Prior DPW-Traffic Valley Road-- Same mitigation as 5.7- issuance of 2(a). building permit 5.7-3(c) Las Gallinas A venue I Lucas Applicant Prior to DPW-Traffic Valley Road-- The recommend issuance of mitigation measures at this intersection building would be the addition of an eastbound permit through lane. 1 Applicant to pay its "fair share" of transportation nmigution measures ~rior !O issuance of a budding permit. See Key at end of Table on Page 30 Page 24 of 30 i:\cur\drp\boslLucasEx4.C!oc "EXHIBIT 4" Lucasfilm Master Plan and Use Permit Mitigation Monitoring and Reporting Program Table Impact (SBM) Mitigation (RS} Implemented When Monitored Verijie1l,. By by Implemented By and Date < 5. 7-3 Long-Range Cumulative AM and PM Peak 5.7-3(d) Los Gamos Road I Lucas Valley Applicant Prior to DPW-Traffic Hour Conditicns (Continued) Road-- The recommended mitigation issuance of measure at this intersection would be the . building addition of an westbound left-tum lane, permit and the restriping of the southbound lanes in order to provide two left-tum lanes and a through-right shared turn lane. 5.7-3(e) Highway 101 Northbound Applicant Prior to DPW-Traffic Ramps I Smith Ranch Road -- The issuance of ' .. mitigation is an additional northbound building . left-tum lane. permit 5.,7-3(f) Preparation and submittal of a Applicant· Development CDA- transportation-reduction program -- Same Plan/Prior to Planning as mitigation 5.7~l(e). Certificate of Occupancy 5.7-3(g) Highway 101 I Miller Creek Applicant Prior to DPW-Traffic Road- Same as mitigation 5.7-2(£). building (MLS) permit 5.7-7 Project Access The proposed project 5.7-7 Mitigation is the addition of an· Applicant Development DPW ' would provide adequate project access for Big eastbound acceleration lane on Lucas • Plan '' Rock Ranch, however, under long-range Valley Road at the Grady Ranch entrance. cumulative conditions the access at Grady Ranch (MLS) would operate at an unacceptable level-of-service. ,q. (S) See Key at end of Table on Page 30 Page 25 of 30 i: \curldrp \bas \LucasEx2fdoc "EXHIBIT 4" . Lucasfilm Master Plan and Use Permit Mitigation Monitoring and Reporting Program Table · Impact (SBM) Mitigation (RS) Implemented When Monitored Verified By by Implemented By and Date Air Quality 5.8-1 Construction Period Impacts. During 5.8-1 Applicant would be required to Applicant Prior to DPW construction on the site adjacent limd uses may be incorporate into the grading plan issuance of intermittently impacted by construction dust. This specifications measures that would grading is considered to be-a potentially·significant impact. require contractors to reduce dust permit (PS) generation. For example, it would be necessary to suspend earthmoving or other dust-producing activities during periods of high winds when dust control is not effective. (MLS) ··- Noise 5.9-1 Construction Noise Impacts. Construction 5.9-1 All equipment used on the project Applicant Prior to DPW at the Grady Ranch would expose existing nearby should be adequately muffled and issuance of residents to construction-generated noise. Grading maintained. Also the applicant should grading and fill compaction of the easternmost berm and notify adjacent off-site property owners permit grading of the Main Office Building would be a within 800 feet of grading of the significant short-term impact. (S) easternmost berm and the Main Office ., Building on Grady Ranch. (MLS) See Key at end of Table on Page 30 Page 26 of 30 i: \cur\drp \bas \LucasEx4~ doc "EXHIBIT 4" · Lucasfilm MasterPlan and Use Permit Mitigation Monitoring and Reporting Program Table Impact (SBM) Mitigation (RS) Implemented When Monitored Verified By by Implemented By and Date Public Services 5.10-4 Wildland-Building Fire Exposure 5.10-4(a) To lessen the potential impacts Applicant Development MCFD/ Impacts. New building construction adjacent to of wildland fires, screen plantings should Plan CDA- existing open space (wildland) areas on Grady and be designed with the least amount of Planning · Big Rock Ranches would be exposed to flre vegetation and lowest density that is hazards under severe weather and wind conditions. sufflcient to mitigate visual effects. (S) 5.10-4(b) Trees with a high flre risk, Applicant Development MCFD/ such as California Bay, should not be Plan CDA- ... placed within the 30-foot setback zone of Planning buildings. 5.10-4(c) The applicant would develop a Applicant Prior to MCFD - V ~gelation Management Plan to describe issuance of the initial thinning or removal of grading flammable vegetation and on-going permit annual vegetation program for both Grady and Big Rock ranches. ·, 5.10-4(d) The applicant would develop a Applicant Prior to MCFDIMFD plan for fire prevention measures during issuance of project grading and construction. grading ' 5.10·4(e) The MMWD pump station that • permit would serve the Grady Ranch should Applicant Development CDA- include back-up power to avoid an Plan Planning electrical power failure that could reduce water supplies. Applicant Development CDA- 5.1 0-4(f) The applicant also should Plan Planning ensure adequate communications on Grady and Big Rock Ranches. (MLS) See Key at end of Table on Page 30 Page 27 of 30 i: \cur\drp \bos \LucasEx4. doc "EXHIBIT 4" Lucasfilm Master Plan and Use Permit Mitigation Monitoring and Reporting Program Table Impact (SBM) Mitigation (RS) Implemented When Monitored Verified By by Implemented By and I!,ate •,, ' 5.10-5 Roadway Impacts. The proposed Big 5.10-5(a) Either the 12-footwide Applicant Development MCFD/ ,·,•I Rock Ranch roadway system would be unpaved roadway on Big Rock Ranch Plan DPW !.'; inconsistent with State development policies shall be expanded in width to 18 feet, to concerning road width. In addition, increased conform to State. width requirements . vehicle use on Lucas Valley Road could create underPRC4290, or more accidents.(S) 5.10-5(b) The tunnel shall be designed to Applicant Development MCFD/ provide adequate overhead clearance for Plan DPW emergency vehicles. 5.10-5(c) A '~aws of life" rescue tool Applicant Prior to MFD would be required to be stationed with Certificate of .. the Marinwood Fire Department. (MLS) Occupancy .•. See Key at end of Table on Page 30 Page 28 of 30 i:\cur\ dfp \bas \LucasEx4.7:Joc "EXHIBIT 4" Luc.asfilm Master Plan and Use Permit Mitigation Monitoring and Reporting Program Table . Impact (SBM) Mitigation (RS) Implemented When Monitored Verijieli,. By by Implemented By and Date ' 5.1 0·14 Trails Impacts. The project describes 5.10-14(a) Require the dedication of trail Applicant Prior to OSD proposed trails on the property. The project plans easements for all trails shown on the issuance of do not include an offer of dedication for trail Countywide Trails Plan maps to the building easements for all of the trails required under the Marin County Open Space District, permit Marin Countywide Trails Plan. (S) except for those trails that directly traverse the development areas. For ~- . these area, easements for new trails that would provide for the same effect would be required. - 5.10-14(c) Two trails that traverse the Applicant Prior to OSD . development and private open space Certificate of areas should be rerouted to allow Occupancy connection with :Lucas Valley Road, taking into consideration potential secondary impacts, such as biological and hydrological effects. 5.10-14(e) The general alignments, uses Applicant Prior to OSD and widths of the trails, developed in Certificate of consultation with the OSD, should be Occupancy provided. ', . ' Note: Mitigation measures 5.10-14(b), 5.10-14(d), and 5.10-14(£) would be implemented by the OSD, the agency , responsible for designing, constructing and maintaining dedicated trails. (MLS) . See Key at end of Table on Page 30 Page 29 of 30 i: \cur\drp \bos \LucasEx4: doc "EXHIBIT 4" Lucasfilm Master Plan and Use Permit Mitigation Monitoring and Reporting Program Table Key: SBM =Significance Before Mitigation S= Significant PS =Potentially Significant RS =Residual Significance After Mitigation MLS =Mitigated to a less-than-significant level SU = Significant and Unavoidable Implemented and/or Monitored By: BAAQMD =Bay Area Air Quality Management District Caltrans =California Department of Transportation CDA-BI =Marin Community Development Agency - Building Inspection Division CDA-EHS =Marin Community Development Agency- Environmental Health Services Division CDA-PlalJ!ling =Marin Community Development Agency- Planning Division CDFG = California Department ofFish and Game DPW =Marin County Department of Public Works- Land Use & Water Resources Division DPW-Traffic =Marin County Department of Public Works- Traffic Division MCFD =Marin County Fire Department MFD = Marinwood Fire Department MMWD =Marin Municipal Water District OSD = Marin County Open Space District RWQCB =Regional Water Quality Control Board USACOE =U.S. Army Corps of Engineers See Key at end of Table on Page 30 Page 30 of 30 i: lcurtdrp lbos IL ucasEx4. doc ( ( _,.-. ( ( MARJN COUNTY PLANNING COMMISSION RESOLUTION NO. PC00-006 I A RESOLUTION OF THE PLANNING COMMISSION CONDITIONALLY APPROVING THE LUCASFILM, LTD. PRECISE DEVELOPMENT PLAN APPLICATION (DP-00-08) FOR THE BIG ROCK, MCGUIRE, AND LOMA ALTA RANCHES I ASSESSOR'S PARCELS 164-310-01 and -02; 164-320-01, -02, and -03 3838 LUCAS VALLEY ROAD, NICASIO I I ************************ SECTION 1: FINDINGS I; WHEREAS the Marin County Planning Commission does hereby find aJ;J.d declare the following: I. Lucasfilm has submitted a Precise Development Plan ("Big Rock Rauch PDP") application that covers the Big Rock Ranch portion of the Lucasfi!m Master Plan and Use Permit project ("Lucasfilm Master Piau") that was approved by the Board of Supervisors on October 29, 1996 (Ordinance 3237 and Resolution 96-151). Consistent with the Lucasfihn Master Plan, the Big Rock Ranch PDP is to construct 1: an office building complex on the 1,117 acre Big Rock Ranch. The complex would contain 184,694. square feet of floor area for a maxhnurn of 30.0 employees. The proposed 56-acre development area would constitute only 5% of the entire acreage of the ranch. The remaining 95%, or 1,061 acres, would G be permanently preserved as open space under au agricultural conservation easement with dedicated 1: public trail access. Also included in the application are the McGuire and Lorna Alta Ranches. Both of these ranches, which contain a total of 1,235 acres located across Lucas V ailey Road .from Big Rock Ranch, would be permanently preserved under au agricultural conservation easement with dedicated public trail access. No development is proposed on either one of these ranches. The subject property is located at 3838 Lucas Valley Road, Nicasio, and is further identified as Assessor's Parcels 164-319-01 and -02; 164-320-01, -02, and -03. ll. · On October 29, 1996, the Marin County Board of Supervisors certified a Final Enviromnental Impact . Report (hereinafter, "1996 Master Plan EIR") for the Lucasfilm Master Plan project An Addendum to the 1996 Master Plan EIR has been prepared for the proposed Big Rock Ranch PDP project pursuant to the requirements of the California Environmental Quality Act ("CEQA"), State CEQA Guidelines, and County CEQA'procedures. · m. A duly noticed public hearing was held on February 28, 2000 to consider the proposed Addendum to the 1996 Master Plan EIR for the Big Rock Ranch PDP project and to take testhnony as to whether the Addendum should or should not be adopted. After considering the administrative. record and testimony at the hearing, the Plauuing Commission adopted Resolution PC-00-_, finding that the Big Rock Ranch PDP does not require the preparation of a subsequent or supplemental EIR and that the proposed· Addendum to the 1996 Master Plan EIR is appropriate under the provisions of CEQA. · IV. A duly noticed public hearing was held also on February 28, 2000, to consider the merits of the Big proposed Rock Rauch PDP, and hear testimony in favor of, and in opposition to, the project. PC Minutes FEBRUARY 28, 2000 Item Nos. 11 A & 11 B, Page #26 BOS ATTACHMENT #17 V. Though the governing ARP (Agricultural, Residential Planned) zoning district for Big Rock Ranch emphasizes agricultural and residential land uses, certain limited commercial land uses are permitted also in this district and may considered exclusively on their own merits. Specifically, pursuant to Section 22.47.102(2) of Marin County Code, ARP zoning permits certain limited commercial uses which are: (1) included in a plan for new or continued agricultural activities on the subject and surrounding properties; (2) in all respects, compatible with agricultural activities on surrounding properties; and (3) subject to approval of a Master Plan. By approving the Lucasfilm Master Plan· in 1996, both the Planning Commission and Board of Supervisors confirmed that the proposed commercial office building complex on Big Rock Ranch, which includes a pli\n for continued, properly managed agricultural activities within a permanently protected agricultural easement that covers 95% of the ranch (1,061 acres), is a permitted, compatible land use under the ARP zoning regulations. VI. Pursuant to Section 22.45.050(B) of Marin County Code, the Big Rock Ranch PDP, as modified by the conditions of approval contained herein, is in substantial accordance with the Lucasfihn Master Plan. TI1e Big Rock Ranch PDP complies with all submittal requirements established by the Lucasfilm Master Plan by: A. Providing comprehensive, detailed slope stabilization, grading, and dam plans based on design level geotechnical investigations; B. Confirming the quality of the well water supply for •potable water needs and providing a report on the proposed leachfield sites to ensure that the leachfields are properly located and that the septic system is appropriately designed; C. Providing a detailed landscape and vegetation management plan, prepared by a qualified landscape · architect, in consultation with a qualified biologist experienced in management of native species; . D. Providing a grassland restoration and enhancement plan, as a component of the required landscape and vegetation management plan, for replacement of native grasslands disturbed by proposed development; E. Incorporating wildlife protection measures into the required landscape and vegetation management plan; F. Providing a special-status plant protection plan, as a component of the required landscape and vegetation management plan, to protect sensitive plant species associated with the serpentine· formation south of the reservoir; G. Providing a detailed wetlands protection, replacement, and restoration plan as a component of the required landscape and vegetation management plan; H. Performing an engineering survey of all trees within 50 feet of the limits of grading; I. Providing detailed tree preservation guidelines, as a component of the required landscape and vegetation management plan, to control possible damage to trees to be retained during grading; J. Providing a tree replacement plan, as a component of the required landscape and vegetation management plan, for replacement of native trees to be removed; . PC Minutes FEBRUARY 28, 2000 Item Nos. 11 A & 11 B, Page #27 i ( ( I K. Providing an agricultural management plan, prepared by a qualified agriculturist, to ensure "'· continued, properly managed agricultural use of Lucasfilm holdings; L. Providing a detailed exterior lighting plan, prepared in consultation with a specialist in lighting design, to minimize night lighting impacts; M. Modifying the grading plan for the berm southeast of the reservoir dam so that grading is more· I rolling and natural in appearance with less. uniform slopes; I N. Providing landscaping that would block views of all development within five years after construction as a component of the required landscape and vegetation management plan; 0. Providing detailed plans for the water tanks to ensure reduced visual impact; P. Providing plans that entirely avoid identified archaeological resources; Q. Providing a transportation reduction program that includes the transportation reduction program measures currently iniplemented at Skywaij{er Ranch; I R. Providing a fire hazard mitigation and defensible space program as a component of the required landscape and vegetation management plan; I S. Elinrinating a tunnel proposed in the Master Piau to obviate the need to construct an emergency bypass road to ensure adequate emergency access; T. Providing a trails aligmnent plan acceptable to Open Space District; U. Providlri.g a plan for adequate, ongoing emergency communications with emergency service providers; V. Providing a description of special events; and W. Reducing the amount of underground parking by approxiniately 10% to encourage the success of required transportation reduction J:liOgram measures. !' ! VII. The Big Rock Ranch PDP, as now more precisely defined than the Lucasfihn Master Plan, has been significantly hnproved by several modifications implemented in response to the Lucasf11m Master Plan conditions of approval. Of note, the following modifications are proposed, which significantly improve I the project: A. . The area to be disturbed by grading has been decreased from 47 acres, as anticipated by the Lucasfilm Master Plan, to 43 acres. As a result, dlsturbances to wetlands, creeks, trees, and native grasslands have been reduced. B. Site grading has been revised to reflect the natural slopes and contours of the site to reduce visual impacts. C. Site grading will no longer impact the eastern watershed drainage. Instead, this drainage will be enhanced and stabilized rather than reconstructed. PC Minutes FEBRUARY 28, 2000 Item Nos. 11A & 118, Page #28 D. The total amount of filled creeks and drainages has been reduced by approximately 75 percent, from 1, 856 to 464 lineal feet. E. The totalnmnber trees to be removed has been reduced from 206 to 70. F. The amount of disturbed native grassland has been reduced from approximately 4.5 acres to 3. 7 acres. G. The volmne of tbe reservoir has been reduced from 120 acre feet to 100 acre feet with a corresponding surface area reduction from 7.2 to 7.0 acres. H. fuundation levels upstream on Big Rock Creek and Dairy Creek have been reduced. I. All Icuown archaeological resources on site would be avoided thr.ough proposed revisions to the site grading and improvement locations. J. The Ranch Manager's Office and Residence Building, as well as the entry tunnel and bypass road, have been eliminated to avoid archaeological resources, as well as reduce visual impacts. K. The Archives .and Maintenance Buildings have been combined, reduced in size, and relocated to avoid an archaeological resource, as well as reduce visual impacts. VID. The Big Rock Ranch PDP, as modified by the conditions of approval contained herein, complies with the Design Requirements of ARP (Agricultural, Residential Plrumed) zoning districts set forth in Section 22.47.105 of Marin County Code, as follows: A. Site Preparation 1. Grading. Extensive grading is required for the proposed project to naturally repair, stabilize, and restore unstable slopes and degraded creek chrumels, as well as provide adequate visual screening. However, grading activities would be limited to a total of approximately 43 acres within the development area on Big Rock Ranch or, only 3.8% .of the total ranch area. Grading would adhere to County grading standards by limiting grading activities to the minimum extent feasible and by balancing cut and fill on site. Further, the applicant has submitted comprehensive Slope Stabilization and Grading Plans that: (1) design compacted fill slopes to be no steeper than 2 to 1 and cut slopes to be rounded in the upper few feet; (2) use contours that closely_ resemble the natural hillsides, borrowing or repeating the form, line color and texture· of surrounding terrain rather than creating uniform engineered slopes; and (3) eliminate flat planes and sharp angles of intersection with the natural terrain. Overall, repaired· and restored slopes would be rounded and contoured to blend in with existing topography. Every reasonable effort has been made to retain the natural features of the land, including wooded Icuolls, rock outcroppings, trees, aud watercourses. 2. Access and Roadways. All roadways of the proposed project would adhere to County roadway standards and maintain maximum grades of 12.25% or less. Roadway lengths have been minimized by clustering development on the lower slopes of the site near Lucas Valley Road, which effectively minimizes grading and maximizes open space and agricultural land areas. PC Minutes FEBRUARY 28, 2000 Item Nos. 11 A & 11 B, Page #29 r \ 3. Erosion Control. The proposed project would include extensive erosion control measures and re-vegetation programs. The applicant is required to submit a comprehensive Erosion Control Plan to reduce existing erosion and ·minimize new opportunities for erosion and off-site transport of eroded soils in stormwater runoff during and after grading. In addition, the applicant ·has submitted a comprehensive Landscape and Vegetation Management Plan that provides for re-establishment of native vegetation on graded slopes and provides for a long term maintenance and management program to ensure success of the erosion control and re vegetation measures. Required erosion control measures, including site restoration grading, re vegetation, silt traps, and drainage improvements, would be monitored by the Com1ty during construction and over a five-year period upon project completion. The timing of grading. would be controlled through grading permits and erosion control plans approved by the County. Initial grading would be restricted to the dry season from AprillS to October 15. r 4. Drainage. The proposed project would Implement extensive measures to naturally repair, I stabilize and restore degraded and danmged creek channels that would greatly enhance habitat value, improve water quality, reduce erosion and sedimentation, and maintahl flood mnoff capacities. Short- and Iong-tmm erosion control and surface ·mnoff .pollution control measures, such as Implementation of an Erosion Control Plan during grading and oil and grease traps in I · parkhlg areas during project operation, would be included in the project. Impervious surfaces of the project J;lave been minimized. Post-development conditions would not cause stream overbank flooding during 100-year storm events. Peak flow rates would not increase l significantly after development. Bridges would be utilized at all roadway major creek crossings: Overall, water resources would be managed in a systematic 111allller that is sensitive to natural capacities and ecological impacts. Protection of watersheds, aquifer-recharge areas, and natural draiuag:e systems has been given highest priority in the project. 5. Trees and Vegetation. Every feasible requirement that can reasonably be Implemented has been Imposed to avoid the removal or destruction of trees or rare plant communities and wildlife habitats. Existing vegetation and wildlife habitats would be preserved on approximately 98.2%, or 2,309 of 2,352 acres, of the entire site acreage (including Big Rock, McGuire, and Lama Alta Ranches). These areas would be permanently protected from i development. The project would result in tile total reinoval of 70 trees in the development I area, and significant measures are required to be Implemented' through a tree replacement · program and tree preservation guidelines submitted by the applicant to ensure the maximum retention, salvage and replacement of any trees removed. Required tree replacement ratios of 5 to 1 and 3 to 1 for the project exceed the Countywide Plan standard of 2·to 1. Further, the proposed project would Implement long-term erosion control, surface mnoff pollution control, landscaping management, tree replacement, native grassland restoration, special-status plant protection, wildlife protection, invasive exotic vegetation removal, and wetlands protection, replacement and restoration programs that would protect rare plant communities and greatly enhance wildlife habitat value. 6. Fire Hazards and Protection ..Fire hazards would be minimized by the proposed project with inlproved fire prevention and response on site. Improved fire prevention and response would be provided by compliance with minimum fire safety codes and standards and provision of adequate water resources, fire suppressant systems, fire-resistant materials, vegetation clearances from structures, irrigated landscaping, access, and emergency communications. Adequate· on-site water for fire protection would be available. ill consultation with the Marin County Fire Department, the applicant is required to develop a Vegetation Modification Plan for the initial thhlning or removal of flammable vegetation and a Vegetation Management Plan for on-gomg· annual vegetative maintenance. PC Minutes FEBRUARY 28, 2000 r.. ~ ..... t~.l....:. 11 A IV 11 B. Paae #30 7. Geologic Hazards. The proposed project has been designed and sited to avoid and minimize all geologic hazards resulting from slope instability and seismic ground shaking. The final project design, based on extensive geotechnical investigations submitted by the applicant, would employ engineering measures that avoid and minimize against life and safety risks from slope instability, landslide and seismic ground shaking hazards. The Marin County Department of Public Works has reviewed and approved the comprehensive Slope Stabilization Plan, Grading Plan, and geoteclmical investigations submitted by the applicant that describe· how each landslide or area of unstable slopes would be avoided, repaired or removed, the methods to be used to engineer the slopes with compacted fill, the surface and subsurface drainage improvements, and retaining walls and other structures to be installed in order to stabilize slopes. All grading and shuctures would conform to applicable minimum earthquake design standards. 8. Watershed Areas. The proposed project, which would include expansion of an existing reservoir, is located within the Marin MmJicipal Water District ("MMWD") watershed area for Nicasio Reservoir. Average annual runoff into the Nicasio Creek watershed would decrease slightly as a result of more evaporation over the greater reservoir surface area; however, as required by the Master Plan conditions of approval, the fmal reservoir design bas been evaluated to further minimize an insignificant decrease in runoff. In addition, the project would implement extensive measures to naturally repair,· stabilize and restore degraded and damaged creek channels that would greatly improve water quality by reducing erosion and sedimentation. Short- and long-term erosion control and surface runoff pollution control measures, such as implementation of an Erosion Control Plan during grading and oil and grease· traps in parking areas during project operations, would be included in the project. Also, the applicant is requh·ed to enter a Watershed Protection Agreement with the MMWD to ensure no increase in the background sedimentation level of Nicasio Reservoir. Overall, water resources would be managed in a systematic manner that is sensitive to natural capacities and ecological impacts. Protection of watersheds, aquifer-recharge areas, and natural drainage systems has been given highest priority in the project. B. Project Design 1. Clustering. Generally, the proposed project would be clustered in the most accessible, least visually prominent, and most geologically stable portions of the site. Development would be clustered on the lower slopes of the site near Lucas Valley Road on a total of 56 acres, or only 5% of the 1,117 acre Big Rock Ranch. The remaining 95% of the ranch, or 1,061 acres, would be permanently preserved a·s agricultural open space. The development areas are not visually prominent. Project buildings would be screened adequately by existing vegetation and topography and by proposed landscaping and grading measures. The project would be designed and sited to avoid and minimize all geologic hazards resulting from slope instability and seismic ground shaking. 2.. Ridgelines. With exception to two water storage tanks, the proposed project would be. located on the lower slopes of the site, well over 1,000 feet below Big Rock Ridge, the visually dominant background to the site. The two water storage tanks, which would be screened from off-site views, will not be located on a visually prominent ridgeline. 3. Landscaping. Landscaping would minimally disturb natural areas on site. The applicant has submitted a comprehensive Landscape and Vegetation Management Plan that: (1) provides for re-establisinnent of native vegetation on graded slopes around the fringes of proposed development; (2) provides details on native plantings associated with required wildlife habitat PC Minutes FEBRUARY 28, 2000 Item Nos. 11A & 118, Page #31 ;' '' ( ( restoration and enhancement measures; (3) establishes a program to salvage suitable native plants for use in landscaping and re-vegetation; ( 4) restricts non-native ornamental species used in landscape plantings to the immediate vicinity of proposed shuctures; (5) identifies unsuitable species which should not be used in landscaping; (6) controls tl1e establishment and spread of introduced broom; (7) conserves water in compliance with the water conservation in landscaping requirements of Chapter 23.10 of Marin County Code; (8) in1plements fire prevention measures in consultation with the Marin County Fire Department; (9) visually enhances the natural characteristics of the site and adequately screens project buildings; and (1 0) specifies long term monitoring and management provisions to ensure the successful re establishment of native vegetation, restoration and enhancement of habitat, and control of invasive, non-native species. 4. Utilities. All roadways and utilities within the project site would be designed to meet minimum safety requirements and improvement standards. No overhead street lighting is. proposed. Exterior lighting would be permitted for safety and security reasons but would minimize calling attention to the project. All utility extensions and connections to fue project would be placed underground. · · 5. Building Height. According to Section 22.47 .105(1)(g)(2) of Marin County Code, no part of a building shall exceed 30 feet in height above natural grade in ARP zoning districts, unless fue height standard is waived upon evidence fuat a deviation from this standard would not violate the intent of the ARP zoning district and the Environmental Quality policies of the Countywide Plan. Three of the 5 project buildings proposed would have maximum heights of greater fuan 30 feet above natural grade. The maximum heights of project buildings would range from 13 to 47 feet above average natural grade. As permitted by Section 22.47 .105(1)(g)(2) of fue Code and confirmed by the Lucasfibn Master Plan, it is appropriate to waive fue 30-foot height standard for this project for fue following reasons: a. · The visual impact analysis of the 1996 Master Plan ElR concluded fuat the project would not result in any significant, unavoidable visual impacts. All buildings would be adequately screened by existing vegetation and topography and proposed landscaping and grading. Updated digital renderings submitted with fue Big Rock Ranch PDP I further confirm the lack of significant visual impact of the project. I b. Tha increase in building height over fue 30-foot standard would not result in a· detriment to fue public welfare or to properties in the adjacent community due to the lack of visual impact. For comparison, permitted or conditionally permitted public and semi-public buildings up to 7 5 feet in height and residences up to 40 feet in height are permitted under sin1ilar circumstances in ARP zoning districts, pursuant to Sections 22.70.010 and 22.70.020 of Marin County Code. c. All project buildings would be one, twn or furee stories in height. Planned zoning districts, including ARP districts, purposely allow flexibility in certain design standards, such as fue height standard, to encourage creative design solutions that would benefit fue public welfare or other properties in the community. In less environmentally constrained areas where properties are conventionally zoned, implementation of rigid development standards is appropriate because these areas are developed typically with a· visible, uniform, and predominant land use, such as a residential subdivision with uniform lot sizes or an office or industrial park. PC Minutes FEBRUARY 28, 2000 Item Nos. 11 A & 11 8, Page #32 d. An alternative building program that reduces building heights and meets minimum building space needs of the proposed project would result in larger building footprints and a greater spread of development. This alternative development scheme would resWt in greater geologic, biotic and visual impacts than the proposed building program due to the greater area of site disturbance and spread of development. e. As discussed in Finding IX below, the project would be consistent with all applicable policies of the Environmental Quality Element of the Countywide Plan. 6. Materials and Colors. The exterior material and colors proposed for the project would blend into the natural environment. Exterior treatment of the buildings would include gray shingle tile roofing and cement plaster siding or wood siding in neutral grays and other earth tone colors with wood, fieldstone and other natural materials for accent. These colors would reflect tones of the surrounding grasslands and wooded hillsides. Like Skywalker Ranch, an agrarian or prairie style would predominate the bulldiug architecture. 7. Noise. Project construction and operations would not result in any significant noise impacts to the closest residential neighborhoods. 8. Facilities. T11e proposed project would provide: (1) numerous on-site services and facilities for employees to minimize off-site vehicle trips and energy consumption (e.g., a day-care and fitness center, restaurant, and check-cashing and mail services); (2) water-conserving plumbing and irrigation devices in the project design to minimize water use; (3) building materials, siting techniques, and construction techniques in the project design to minimize energy consumption and maximize passive solar design; (4) private recreation amenities. and open space for employees; (5) handicapped-accessible facilities; (6) pennanent preservation· of 3,096 acres of land through dedications of fee-ownership (800 acres) and conservation easements (2,296 acres); and (7) approxinlately 11 miles of new public access trails through the lands to be permanently preserved as public open space. 9. Open Space Dedication. The proposed project would result in permanently preserving 3, 096 acres of Big Rock, McGuire, Lorna Alta, and Grady Ranches as open space with approxinlately 11 miles of public trail access throughout the preserved lands. Fee-ownership of 800 acres of Grady Ranch would be dedicated as public open space to the Marin County Open Space District or permanently preserved by deed restrictions with public trail easements;· while 1,061 acres of Big Rock Ranch, 674 acres of McGuire Ranch; and 561 acres of Lorna Alta Ranch (2,296 acres total) would be dedicated nuder an agricultural conservation easement to the Open Space District or Marin Agricultural Laud Trust. 10. Open Space Maintenance and Use. The Open Space District would be responsible for maintenance of all dedicated and accepted fee-ownership land and public trail easements. Maintenance of the 2,296 acres under the proposed agricultural conservation easement would be the responsibility of the applicant, subject to provisions of the Agricultural Management Plan submitted by. the applicant that would implement extensive agricultural management practices to maintain or inlprove the long-term productivity of the site. IX. The Big Rock Ranch PDP, as modified by the conditions of approval contained herein, is consistent with the goals and applicable policies of The Marin Countywide Plan ("Countywide Plan") for reasons including, but not limited to, the following: PC Minutes FEBRUARY 28, 2000 Item Nos. 11A & 118, Page #33 . ' ( A. Big Rock, McGuire and Lorna Alta Ranches are located entirely within the Inland Rural Corridor, but innnediately adjacent to the City-Centered Corridor, where agricultural land use and open space is emphasized along with other uses that are compatible with agriculture and enhance agricultural preservation in a significant way, such as resource and habitat preservation. The proposed project would enhance, support, promote, and preserve agricultoral land uses through protection of the agricultoral land base from conversion to non-agricultural uses and through the encouragement of sustainable agricultoral practices as set forth in Findings IX.N, 0 and Y below. (Environmental Quality Policies EQ-1.1 and EQ-1.2; and Community Development Policies CD-1.1 and CD-1.2) ·B. The proposed project is subject to Stream Conservation Area ("SCA") policies. Consistent with the SCA policies, a 100-foot SCA has been established on each side of the creeks through the Big Rock Ranch development area. The overriding objective of SCA policies is to preserve, protect, and enhance 'existing species arid habitat diversity from erosion, sedimentation, pollution and habitat destructinn. The overriding objective of SCA policies would be met because extensive I measures to uatoraily repair, stabilize and restore degraded and damaged creek channels to greatly enhance habitat value, improve water quality, reduce erosion and sedimentation, and maintain flood. I runoff capacities would be implemented by the project. (Environmental Quality Objective EQ-2; Policies EQ-2.1 and EQ-2.3; Program EQ-4.6e) I c. Land uses permitted in SCAs include improvements in fish and wildlife habitat, maintenance of water channels for erosion control and other purposes, and road and utility crossings. Land uses I prohibited in SCAs include new buildings and roadways and utility lines, except at crossings. Other than roadway and utility line crossings and the extensive creek stabilization, restoration and habitat enhancement measures proposed, the project would not encroach into designated SCAs. In addition, expansion of the reservoir would inundate two degraded segments of the SCA that do not contain riparian habitat. The reservoir expansion project would provide substantial vegetation enhancement and human access proin'bitions to restore and enhance wildlife habitat. Accordingly, I the reservoir expansion project also is considered a permitted use in the SCA, as are flood control i projects, projects to improve fish and wildlife habitat, and water supply projects. SCA policies would no longer apply to the degraded segments that are inundated. (Environmental Quality Policies EQ-2.4 and EQ-2.5; Program EQ-2.3a) D. As encouraged by the Countywide Plan, the proposed project would implement extensive measures to naturally repair, stabilize and restore degraded and damaged creek channels that would greatly enhance habitat value, improve water quality, reduce erosion and sedimentation, and maintain flood runoff capacities. Appropriate native vegetation buffers would be planted in the SCA to control erosion, increase habitat value, create protected wildlife movement corridors, and enhance views.· Native trees would be replaced at ratios of 3 to 1 or 5 to 1 with native species that natorally grow along creeks. Long-term monitoriog of landscaping within buffer areas would be implemented to ensure successful establisinnent and management of vegetation and habitat value. Proposed work within the SCA would be limited to the smallest surface area and volume of soil and extent of vegetation removal possible and for the shortest practical length of time. New roads and road fill slopes would be located outside the SCA, except at stream crossings. Short- and lorig-term erosion control and surface runoff pollution control measures, such as implementation of an Erasion Control Plan during grading and oil and grease traps in parking areas during project operations, would be ,included in the project. Overall, water resources would be managed in a systematic rnaJJller that is sensitive to natoral capacities and ecological impacts. Protection of watersheds, aquifer-recharge areas, and natoral drainage systems has been given highest priority in the project. (Environmental Quality Policies EQ-2.8, EQ-2.9, EQ-2.10, EQ-2.11, EQ-2.12, EQ-2.13, EQ-2.14, PC Minutes FEBRUARY 28, 2000 •· --- "'-- 11 A R, 11R PRnP. #34 EQ-2.18, EQ-2.21, EQ-2.22, EQ-2.23, EQ-2.26, EQ-2.27, EQ-2.28, EQ-2.29, EQ-2.31 and EQ- 2.33; ProgramEQ-4.5d) ··E. The 1996 Master Plan EIR considered the impact of the proposed project on species, special-status species, and habitat diversity and reconnnended implementation of several programs to ensure the continued health, survival and diversity of plants and animals and enhancement of their habitats to the greatest extent possible. In compliance with Lncasfiim Master Plan conditions of approval, the proposed project would implement long-term erosion control, surface runoff pollution control, landscaping management, tree replacement, native grassland restoration, special-status plant. protection, wildlife protection, invasive. exotic vegetation removal, and wetlands protection, replacement, and restoration programs. (Environmental Quality Policies EQ-2.87 and EQ-2.88; Programs EQ-2.87a, EQ-2.87b, EQ-2.87c, EQ-2.87d, EQ-2.87e, EQ-2.88a and EQ-2.88b) F. The proposed project would ensure proper management of the built environment within the context of the natural· environment and available resources by minimizing ah·, water, and noise pollution; repairing, stabilizing, and restoring unstable and eroding portions .of the project site that would enhance natural hydrological and biological processes; preserving signlficant natural features and resources, including unique geological and ecological sites, such as serpentine rock outcroppings and related grassland habitat; maintaining diversity, abundance, protection and enhancement of wildlife habitats;· minimizing hazards from earthquakes, erosion, floods, and fire; providing a healthful, safe, quiet environment that is functionally pleasing for employees; avoiding significant adverse impacts i:elate\f to water supply, fire protection, waste disposal, schools, traffic and circnlation, and the financial or social environment of the conununity; minimizing visual impacts and tree damage and removal to the greatest extent possible; avoiding use of aggressive, exotic lan~scaping; balancing grading on site; stabilizing and restoring creek channels to enhance habitat, prevent water pollution, and minimize flood hazards from stormwater runoff; providing lighting that is subtle and harmonious with the rural environment; and replacing, restoring and enhancing on-site wetlands at a ratio of approximately 2 to 1 to ensure no net loss of wetlands. (Environmental Quality Objective EQ-3; Policies EQ-3.2, EQ-3.4, EQ-3.5, EQ-3,6, EQ-3.7, EQ- 3.8, EQ-3.9, EQ-3.10, EQ-3.11, EQ-3.12, EQ-3.13, EQ-3.16, EQ-3.21, EQ-3,26 and EQ-3.27) G. The 1996 Master Plan EIR evaluated short-tetm and long-term air quality impacts. In compliance with Lucasfllm Master Plan conditions of approval, measures would be implemented into the proposed project that ensure compliance with the most stringent Federal and State air quality standards. (Environmental Quality Policies EQ-2. 75, EQ-2. 78) H. An archaeological and historical records search and two field surveys were conducted within the development area as part of the 1996 Master Plan EIR. This work revealed three previously recorded prehistoric archaeological sites on Big Rock Ranch, including two petroglyph sites and one midden site. In compliance with Lucasfiim Master Plan conditions of approval, the proposed project has been designed to avoid impacts to the sites. ·1n addition, an archaeologist would monitor all grading and building activities in the vicinity of the sites. In the event archaeological resources are discovered, all work would halt for further evaluation by the archaeologist. (Environmental Quality Policies EQ-3.29, EQ-3.30, EQ-3.31, EQ-3. 32 and EQ-3.34) I. A total of 2,296 acres, or 97.6% of Big Rock, McGuire, and Lama Alta Ranches, would be permanently preserved as open space through dedication of an agricultural conservation easement. In addition, 800 acres of Grady Ranch would be dedicatee! to the Marin County Open Space District as public open space, The majority of these protected lands would be used for continued agricultural purposes, subject to the provisions of the Agricultural Management Plan submitted by the applicant that would implement extensive agricultural management practices to maintain or PC Minutes FEBRUARY 28, 2000 Item Nos, 11A & 118, Page #35 \ c--··· ( improve the long-term productivity of these ranches. In addition, long-term erosion control,· ·surface rnnoff pollution control, landscaping management, tree replacement, native grassland restoration, special-status plant protection, · wildlife protection, and wetlands protection, replacement, and restoration programs would be implemented, (Environmental Quality Policies EQ-4.1 and.EQ-4.6; Programs EQ-4.la, EQ4.le, EQ-4.5a, EQ-4.gb and EQ-4.6d) J, The proposed project would increase the jobs to housing ratio in the West Marin planning area. New jobs would be available to local residents at all income levels in a business industry targeted by the Marin County Economic Commission to be retained and{ or expanded. Targeted businesses include those that provide employment opportunities for residents, diversify and strengthen the I economic base, and contribute to the quality of life. (Community Development Policy CD-2.2) K. The proposed project would minimize dependence on non-renewable energy resources, foster I energy conservation, and minimize circulation impacts because it would implement transportation I reduction program measures to. reduce transportation-related energy consumption; meet minimum State standards for energy efficiency; incorporate passive solar energy design to the extent feasible; and meet minimum County and Marin Municipal Water District water conservation measures, such as use of native landscapiog and water-conserving fixtures and irrigation. Transportation reduction program measures are necessary to ensure that the project would not result in significant traffic impacts and to ensure consistency with Countywide Plan policies that foster energy conservation and to mioimize traffic circulation impacts of new development. The proposed transportation reduction program measures include measures already. established at Skywalker Ranch, such as assistiog employees in establishing carpools, gnaranteeiog transportation to registered carpoolers who miss their ride, providing an incentive program, providing on-site services to minimize the need for additional trips (day-care and fitness center, restaurant, checJ.c..cashiog and mail services, etc.), and providing the use of bicycles on site. (Community Development Objective CD-4; Policies CD-2.3, CD-2.4, CD-3.1, CD-4.1, CD-4.5 and CD-4.6; Programs CD-4.4a, CD-4.4b, CD-4.5b and CD-4.6a) · L. The Nicasio Valley Community Plan ("Community Plan") iS adopted as part of the Countywide Plan to further detail policies of the Countywide Plan as they pertain to the Nicasio plamriog area. Big Rock, McGuire and Lorna Alta Ranches are located withio the Nicasio planniog area. The proposed project is consistent with the goals of the Commurdty Plan as set forth in Finding X below. (Community Development Objective CD-6; Policy CD-6,1) M. In order to properly manage growth so that public facilities, services and infrastructure are available to adequately serve the proposed project, the project would be required to pay its fair share of the cost of public facilities, services and iofrastmctore, including but not limited to transportation, water, sewer, solid waste, schools, and fire and police protection. Further, a fiscal impact study was prepared as part of the Lucasfiim Master Plan that examined the costs and benefits of the project on public services and facilities and concluded that the project would create a positive net fiscal impact. Lastly, the 1996 Master Plan EIR concluded that increased vehicle use on Lucas Valley Road could create more accidents and result in a secondary impact of potential additional loss of life due to increased delay in extricating trapped accident victims. All a result and I io compliance with the Lucasfrlm conditions of approval, the applicant is required to provide funds to help pmchase a "Jaws of Life" rescue tool to be stationed with the Mariowood Fire Department that would improve emergency services and enhance capability to prevent loss of lives. (Community Development Objective CD-7; Policy CD-Z3; Program CD-7.3b; Community I Facilities Policy CF-5.2; Program CF-5.2a) PC Minutes FEBRUARY 28, 2000 Item Nos. 11A & 118, Page #36 N. The Countywide Plan land use designation for Big Rock Ranch is Agricultural 2 ("AG2") with a maximum residential density of one unit per 10 to 30 acres and a maximum non-residential floor area ratio range of 0.01 to 0.09. The proposed non-residential floor area ratio of 0.004 (184,694 square feet/1,117 acres) for Big Rock Ranch is less than the maximum range of 0.01 to 0.09 established by the Countywide Plan. The existing ARP zoning for the property is deemed as a consistent zoning district with the AG2 land use designation. Under ARP zoning regniations, certain lhnited commercial uses under lhnited circumstances are permitted by Master Plan approval that are compatible with agriculture and include a plan for continued agricnitural activities on site. By approving the Lucasfilm Master Plan in 1996, both the Planning Commission and Board of Supervisors c,onfirmed that the proposed commercial office building complex on Big Rock Ranch, which includes a plan for continued, properly managed agricultural activities within a pennanently protected agricultural easement that covers 95% of the ranch (1,061 acres), is a· permitted, compatible land use under the ARP zoning regulations. (Community Development Policies CD-8.2,. CD-8.3, CD-8.8 a.nd CD-15.15; Nicasio Land Use Policy Map 7.6) 0. The Countywide Plan land use designation for McGuire Ranch is Agricultural 2 ("AG2") with a maximum residential density of one unit per 10 to 30 acres and a maximum non-residential floor area ratio range of 0.01 to 0.09. The land use designation for Lorna Alta .Ranch is Agricultural 1 ("AG1 ") with a maximum residential density of one unit per 31 to 60 acres and a maximum non residential floor area ratio range of 0.01 to 0.09, The existing ARP zoning is deemed as a consistent zoning district with the AG1 and AG2 land use designations. Uses deemed consistent with the AGl and AG2 land use designations include prinlarily agricllltural uses that preserve and protect agriculture. No development is proposed for either one of these ranches. The proposed project would result in permanently preserving the McGuire and Lama Alta Ranches in their entirety (1 ,235 acres) under a dedicated, permanent agricultural conservation easement. The protected land would be used for continued agricultural purposes, subject to the provisions of the Agricultural Management Plan submitted by the applicant that would implement extensive agricultural management practices to maintain or improve the long-term productivity of these ranches. (Community Development Policies CD-8.8 and CD-15.15; Nicasio Land Use Policy Map 7.6) P. The proposed project would meet the intent of traffic policies that call for a Level of Service ("LOS") D or better for peale-hour traffic along U.S. Highway 101 and at all studied intersections within the project area at bulldout through payment of local and regional "falr-share" traffic mitigation fees, construction of various area-wide traffic improvements, and implementation of transportation reduction program measures, such as those implemented at Slcywallcer Ranch. Transportation reduction program measures are necessary to ensure that the project would not result in significant traffic impacts and to ensure consistency with ,Countywide Plan policies that foster energy conservation and to minimize traffic circulation impacts of new development. The proposed transportation reduction program measures include measures already established at Slcywallcer Ranch, such as assisting employees in establishing carpools, guaranteeing transportation to registered carpoolers who miss their ride, providing an incentive program, providing on-site services to minimize the need for additional trips (day-care and fitness center, restaurant, check cashing and mail services, etc.), and providing the use of bicycles on site. (Transportation Objective T-1; Policies T-1.1 and T-1.3; Programs T-1.1b and T-1.1e) Q. Lucas Valley Road would be malntained as a rural, two-lane roadway with improvements limited to those that enhance safety ouly. No improvements to this stretch of roadway would be constructed to increase traffic capacity, such as a road-widening project to accommodate an additional through lane. (Transportation Objective T-7; Policy T-7.1) PC Minutes FEBRUARY 28, 2000 Item Nos. 11 A & 11 B, Page #37 ( ( I ( R. The proposed project would not displace existing affordable housing. Big Rock Ranch is developed with a Lucasfihn employee residence that would be demolished as part of the project, but this residence is not subject to affordable housing requirements. (Housing Objective H-1) I s. The 1996 Master Piau EIR concluded that existing and proposed ambient day-night average noise· levels on site are below the· maximum levels recommended by the Countywide Plan noise level I guidelines for office development. The proposed project, as sited and designed, would not be exposed to excessive levels of transportation-generated noise. (Noise Objective N-1; Policy N-1.1; Programs N-1.la andN-l.lb) I T. The 1996 Master Plan EIR concluded that the proposed project would not sigirlficantly increase ambient day-night average noise levels recommended by the Countywide Plan noise level guidelines within adjacent residential areas. Transportation-generated noise from the proposed I project would not raise the day-night average noise level by more than 3 dBA and, therefore, a change in the noise level would not be perceivable. (Noise Objective N-2; Policies N-2.1 and N- I 2.4; Programs N-2.1a, N-2.1b and N-2.4a) Ii u. The final project design, based on extensive geotechnical investigations by civil engineers with soils I engineering expertise and soils certified engineering geologists, employs engineering measures that I' avoid and minimize against life and safety risks from slope instability, landslide and seismic ground shaking hazards. The detailed Slope Stabilization and Grading Plans submitted by the applicant are based on geotechnical investigations that describe how each landslide or area of unstable slopes I would be repaired or removed by identifying the area of slide debris to be excavated and i reconstructed, the methods to be used to engineer the slopes with compacted fill, the surface and ! subsmface drainage improvements, retaining walls and other structures to be installed in order to. stabilize slopes. All grading and slructures would conform to applicable minimum earthquake design standards. (Community Development Policy CD-2. 7; Environmental Hazard Objectives EH- 3, EH-5 and EH-6; Policies EH-3.1, EH-3.2, EH-3.3, EH-5.1, EH-5.2, EH-5.4, EH-6.1 and EH- 6. 3; Programs EH-5.2a and EH-6.3a) l v. The proposed project would ensure that adequate capacity for the safe handling of flood runoff would be provided in stream channels. Based on detailed hydrologic and geologic studies that meet urinimum County Code requirements, proposed stream restoration, stabilization and enhancement measures would reduce or eliminate local erosion and sedimentation and maintain flood runoff capacities. Neither existing.watershed conditions create nor post-development conditions would cause stream overbank flooding during 100-year storm events. Peak flow rates would not increase significantly after development. (Environmental Quality Policies EQ-2.19 and EQ-2.20; Environmental Ha:z.ards Policy EH-8. 6; Programs EH-8. 6a and EH-8, 6b) W. In. compliance with Lucasfihn Master Plan conditions of approval, a registered Civil Engineer has prepared a detailed dam plan for approval by the County and State Department of Water Resources ·- Division of Safety of Dams. The design and location of the proposed dam is in accordance with all applicable design standards and specifications and accepted state-of-the-art design and construction practices to protect the public from the consequences of a dam failure. (Environmental Quality Policy EQ-2.37; Environmental Ha:z.ards Objective EH-9; Policy EH-9.1; Program EH-9.la} X. To minimize the risk of wildland and structural fires and ensure adequate fire protection, the Marin County Fire Department would ensure that the proposed project meets minimum fire safety codes and standards aud incorporates into its design adequate water resources, fire suppressant systems, fire-resistant materials, vegetation clearances from structures, irrigated landscaping, access, and PC Minutes FEBRUARY 28, 2000 Item Nos. 11 A & 11 B, Page #38 emergency conununications. Adequate water for fire protection on Big Rock Ranch would be available. The applicant would develop a Vegetation Modification Plan for the initial thinning or removal of flammable vegetation and a Vegetation Management Plan for on-going annual vegetative maintenance. Adequate emergency cornrriunications for proper fire fighting capability could ·include local cellular repeater stations or similar equipment, including an independent power supply. (Environmental Hazard Objective EH-11; Policies EH-11.2, EH-11.3, EH-11.5 and EH- 11.6; Programs EH-11.1b and EH-11.2b) ' Y. The proposed project would enhance, support, promote, and preserve agricultural land uses through protection of the agricultural land base from conversion to non-agricultural uses and through the encouragement of sustainable agricultural practices. The proposed project would result in permanently preserving 1,061 acres of Big Rock Ranch, 674 acres of McGuire Ranch, and 561 acres of Lorna Alta Ranch (2,296 acres of 2,352 acres or, 97.6% of the total acreage of these ranches) under a dedicated agricultural conservation easement wilh development clustered on the remaining 56 acres (2.4% of the total acreage). These protected lands would be used for continued agricnitural purposes, subject to the provisions of the Agricultural Management Plan submitted by the· applicant that would implement extensive agricultural management practices to maintain or improve the long:term productivity of these ranches. In addition, approximately 800 acres of Grady Ranch would be permanel)!]y preserved by dedication of fee ownership to the Marin County Open Space District or by deed restriction with public trail easements with a provision that at least a portion or all of the land with agricultural potential be made available for long-te1m, properly managed agricultural uses, subject to the terms of the Agricultural Management Piau. Therefore, the agricultural land base in Marin County would increase as a result of the project by re establishing agriculture on Grady Ranch. (Agriculture Objective A-1; Policies A-1.1, A-1.4, A-1.5 andA-1.10) Z. The proposed project would result in the permanent preservation of combined use trails designated for public pedestrian, equestrian and bicycle access over Big Rock, McGu.ire, Lorna Alta, and Grady Ranches through trail easement and fee-ownership dedications offered by Lucasfilm. Consistent with the adopted Trails Element maps, the preserved trail network would provide public access to approximately 11 miles of trails throughout Grady, Big Rock, McGuire, and Lorna Alta Ranches, connecting the Lucas Valley Open Space and Lorna Alta Open Space Preserves of the Marin County Open Space District. New trails would be located to avoid sensitive habitat areas and private development areas to protect environu1ental resources and minimize trail user conflicts, respectively. The Marin County Open Space District is .responsible for maintenance of the trails acquired through, offered easement and fee ownership dedications. (!'rails Objectives TR-1, TR-3 and TR-4; Policies TR-1.3, TR-1.4, TR-3.1 and TR-4.1; Programs TR-2.ld, TR-3.la and TR-4.la) AA. A fiscal impact study was prepared for the Lucasfilm Master Pian that concluded the project would create a positive net fiscal impact. The 1996 Master Plan ElR analyzed potential short-term and long-term fiscal impacts of the project on the County and various public services with consideration given to one-time revenues and costs and annual revenues and costs. The 1996 Master Pian ElR concluded that the economic impacts of the project would not result in significant physical change· to the environment. (Economic Objective E-3; Policy E-3.2; Program E-3.2a) BB. Movie production, entertainment, and artistic production are types of businesses that are on the list of targeted business industries developed by the Marin County Economic Conunission; which the County should retain and/or expand. Targeted businesses include those that provide employment opportunities for Marin residents, diversify and strengthen the economic base, aud contribute to the quality of life. According to a fiscal impact study submitted with the Lucasfilm Master Plan, the proposed project would generate new revenues in excess of new public service costs, pay better PC Minutes FEBRUARY 28, 2000 Item Nos. 11 A & 11 8, Page #39 ( than average wages, provide a large proportion of higher paid employees, produce products and services fuat can be exported, provide long-term sustainability, minimize resource and energy use, and attract highly-educated residents. (Economic Objectives E-5 and E-6; Policy E-5.1; Program E-5.Ia) X. The Big Rock Ranch PDP, as modified by the conditions of approval contained herein, is consistent with the goals of the Nicasio Valley Community Plan, for reasons including, but not limited to, the following: A. With exception to two water storage tanks, fue proposed_ project would be located nearly 1,000 feet below fue ridge on a portion of Big Rock Ranch that is generally not visible from Lucas Valley Road. The two water storage. tanks, which would be screened from oft-site views, will not be located on a visually prominent ridgeline. The project, which exemplifies agrarian- and prairie style architecture, would be adequately screened from Lucas Valley Road views by berms planted with native vegetation. The open, spacious attributes of the Nicasio planning area and its agricultural heritage would be preserved. (Goal I) · B. Approximately 1,061 acres of Big. Rock Ranch, 674 acres of McGuire Ranch, and 561 acres of Lorna Alta Ranch (2,296 acres of 2,352 acres or, 97.6% of the total acreage of fuese ranches) would be permanently preserved under a dedicated agricultural conservation easement with development clustered on ouly 56 acres of Big Rock Ranch (2.4% of the total acreage). Lands to be protected by the agricultural easement would be used for continued agricultural purposes, subject to the provisions of the Agricultural Management Plan submitted by the applicant that · would implement extensive agric)l].tural management practices to maintain or improve the long-term productivity of these ranches. (Goal 2) . C. Adequate water sources, on-site sewage disposal, and access are available and would be provided to serve fue proposed project. (Goal3) D. The proposed project would improve Nicasio Reservoir water quality by implementing short- and long-term erosion control and surface runoff pollution control measures and by extensively· repairing, stabilizing and naturally restoring degraded and damaged creek channels that would greatly enhance habitat value, reduce erosion and sedimentation, maintain flood runoff capacities, and· improve overall water quality. Also, the applicant is required to enter a Watershed Protection Agreement wifu the Marin Municipal Water District to ensure no increase in the background sedimentation level of Nicasio Reservoir. (Goal4) E. Overall, as set forth in Finding Vlii above, the proposed project would meet the ARP design and site preparation standards, specifically ensuring that development· would be clustered where the least detrimental environmental and visual impacts would occur while maximizing the amount of potential agricultural land for grazing, (Goals 1, 2, 3 and 4) SECTION 2: RESOLUTION NOW, THEREFORE, LET IT BE RESOLVED, that the Marin County Planning Commission hereby approves the Lucas film Big Rock Ranch PDP application, subject to the Conditions of Approval contained in "Exhibit 1" and implementation of the approved Lucasfilm, Ltd. Master Plan and Use Permit Mitigation Monitoring and Reporting Program contained in "Exhibit 2" of this resolution, Both Exhibit 1 and Exhibit 2 are attached to this resolution and incorporated herein by reference. PC Minutes FEBRUARY 28, 2000 - •• ~ ...... , ___ #lit'\ SECTION 3: VESTING AND APPEAL RIGHTS LET r:r BE FURTHER RESOLVED that the applicant shall vest this decision to approve the Lucasfilm Big Rock Ranch PDP by February 28, 2002, or all rights granted in this approval shall expire, unless the applicant applies for an extension at least 30 days before the expiration date above and the Marin County Community Development Director approves it. An extension of up to three years may be granted by the Director for cause pursuant to Section 22.45.063 of Marin County Code. Vesting this Precise Development Plan approval entails securing valid grading and building permits for the approved work and substantially completing the approved work in accordance with the secured permits. LET IT BE FURTilER RESOLVED that this decision is fiual unless appealed to the Mariu County Board of Supervisors. To appeal this decision to approve the Lucasfilm Big Rock Ranch PDP, a Petition for Appeal and a $675.00 filing fee must be submitted in the Community Development Agency- Planning Division Room 308, Civic Center, San Rafael, no later than 4:00 p,m. on March 6, 2000. SECTION 4: VOTE PASSED AND ADOPTED at a regular meeting of the Planning Commission of the County of Marin, State of California, on the 28th day of February, 2000, by the following vote to-wit: AYES: Alff Wiegel, Barner, Buddie, Garbarino, Herbertson, Lusczynski NOES: ABSENT: Julin CZYNSKI, CHAIR PLANNING COMMJ!;SION Alex Morales ~ Recording Secretary PC Minutes FEBRUARY 28, 2000 Item Nos. 11A'& 11 B, Page #41 [ \ r ( ( "Exhibit 1" CONDITIONS OF APPROVAL Lucasfilm, Ltd. Big Rock Ranch Precise Development Plan Marin County Community Development Agency - Planning Division 1. EXCEPT AS MODIFIED HEREIN BY CONDITIONS OF APPROVAL, the Lucasfilm, Ltd. Precise Development Plan application (DP-00-08) is hereby approved for the construction of an office building complex on Big Rock Ranch. The office complex shall not exceed 184,694 square feet of floor area. The 56-acre development area on the ranch shall constitote only 5% of the entire acreage of the ranch. I The remaining 95·%, or 1,061 acres, shall be permanently preserved as agricultoral open space with dedicated public trails. Aiso included in this approval are the McGuire and Lama Alta Ranches. Both of these ranches, which contain a total of 1,235 acres located across Lucas Valley Road from Big Rock Ranch, shall be permanently preserved in their entirety as agricultoral open space with dedicated public trails. No development is approved on either one of ihese ranches. The subject property is co111prised of the Big Rock, McGuire, and Lorna Alta Ranches and is identified currently as Assessor's Parcels 164- 310-01, -02; 164-320-01, -02 and -03. 2. EXCEPT AS MODIFIED HEREIN BY CONDITIONS OF APPROVAL, construction plans submitted for grading and building permit approvals shall be in substantial conformance with the following I approved Lucasfilm Precise Development Plan exhibits on file in the Marin County Connnunity Development Agency- Planning Division (hereinafter, "CDA- Planning Division"): a. "Exhibit A," the plans collectively prepared by Bookman-Edmonston Engineering, Inc., Gensler I I Architectore, Kleinfelder, Inc., Ralph J. Alexander and Associates, and Questa Engineering Corporation, last revised on November 29, 1999, consisting of 61 sheets; b. "Exhibit B," the Big Rock Ranch PDP Submittal Introductory Narrative, prepared on October 29, 1999; c. "Exhibit C," the Geologic and Geotechnical Investigation, Big Rock Ranch, Part 1, prepared by Kleinfelder, Inc. on July 29, 1999; d. "Exhibit D," the Geologic and Geotechnical Investigation, Big Rock Ranch, Part 2, prepared by Kleinfelder, Inc. on July 29, 1999; e. "Exhibit E," the Civil Engineering Report, prepared by Bookman-Edmonston Engineering, Inc. on October 29, 1999; f. "Exhibit F," the On-site Sewage Disposal Feasibility Report, prepared by Questa Engineering Corporation on December 9, 1999; g. "Exhibit G," the Landscape and Vegetation Management Plan, collectively prepared by RalphJ. Alexander & Associates, Wetlands Research Associates, Inc., LSA Associates, Inc., and Bookman Edmonston Engineering, Inc. on October 29, 1999; h. "Exhibit H," the Big Rock Ranch Final Agricultural Management Plan, prepared by Sage Associates on October 1, 1999, as revised by an addendum dated January 10, 2000; i. "Exhibit I," the Transportation-Reduction Program, prepared by Lucasfilm; PC Minutes FEBRUARY ZB, ZOOO ""m Nns. 11A & 118, Page #42 j. "Exhibit J," the Anticipated Special Events statement, prepared by Lucasfilm; and k. "Exhibit K," the approved trail alignment plan, prepared by the Open Space District. 3. This Precise Development Plan approval is valid for an initial two-year period. Upon written request by the applicant and payment of appropriate fees, the Community Development Agency Director may authorize extensions to this approval period for a maximum period of four years beyond the initial two year period (six years total). This Precise Development Plan approval shall not expire if grading and building permit approvals are obtained. 4. All conditions of approval applicable to the development of Big Rock. Ranch, as contained in the Lucasfilm Master Plan Ordinance 3237 adopted by the Marin County Board of Supervisors on· October 29, 1996, are incorporated herein by reference. In the event of any inconsistencies, these Precise Development Plan conditions of approval shall govern. 5. The. total maximun1 on-site population on Big Rock Ranch shall not exceed an aggregate of 300 employees, As used herein, "employees" means all employees of the applicant, such as office employees and contracted employees for various services (e.g., restaurant and landscaping services). All other persons, including guests or visitors, clients, vendors, and delivery personnel, are not included in on-site population counts. The on-site population limitation shall be monitored by reference to company records respecting the total nUlllber of employees on site on a daily basis. This information shall be compiled quarterly to provide an accurate profile of the average daily site occupancy during the quarter. Fluctuations in the daily on-site population limit may be permitted as long as the fluctuations are not significant and the average daily populations during the quarter do not exceed 300 employees. At the request of the County, the applicant shall provide a quarterly report to the County of these monitoring· records. 6. Prior to issuance of the first building permit, the applicant shall comply with the following requirements: a. A deed restriction .shall be filed for record at the Marin County Recorder's Office that would result in recordation of, or reference to, these Precise Development Plan conditions of approval to clearly indicate that the use of property is subject to the terms of these conditions of approval. Specifically, the approved principal use of the property is offices and related accessory uses that Substantially conform with the use characteristics and population lhnits and allocations described in the Precise Development Plan application. Industrial use of the property, such as manufacturing that involves mechanical or chemical transformation of materials and/or mass production or assemblage of products for distribution, shall not be permitted. The final form of the deed restriction shall be subject to the review and approval of County Counsel. The purpose of this condition, which is made to benefit the general public of the County of Marin, is to provide public notice to future owners and lessees that the property shall .be developed and utilized consistent with the project approved herein. Development not substantially consistent with the project approved herein would require amendment to the Master Plan and/or Precise Development Plan conditions of approval as appropriate. b. As offered by the applicant, fee ownership of approximately 800 acres of Grady Ranch shall be conveyed to the Marin County Open Space District, exceplhlg therefrom the two telecommunications sites currently identified as Assessor's Parcels 164-310-07 and -13 and subject to reserved access easements to these sites, The precise boundary of the dedicated land may be modified as part of the Lucasfilm Precise Development Plan for Grady Ranch, subject to the approval of tlie Marin County Community Development Agency and Marin County Open Space District. PC Minutes FEBRUARY 28, 2000 Item Nos, 11A & 118, Page #43 ,. ( ( ( c. As offered by the applicant, an agricultural conservation easement of approximately 2,296 acres over Big Rock, McGuire and Lorna Alta R~nches shall be conveyed to the Marin County Open Space District or the Marin Agricultural Land Trust. I d. As offered by the applicant, all trail easements developed in collaboration with the Open Space District, as shown on "Exhibit K" .approved herein, shall be offered for dedication to the Open I Space District by separate easement document(s). No trail easements are-required to be offered for I dedication through that portion of Grady Ranch to be dedicated to the Open Space District, as well as the development area and 187 acre private open-space area on Grady Ranch. All trails within the 800 acres of Grady Ranch to be dedicated to the Open Space District shall be designed to minimize views to the development area of Grady Ranch and enhance the open space experience of the trail user. 7. · Prior to issuance of a building permit for a given phase of the project, the applicant shall submit either: (1) a Statement of Conformance form, signed by a certified or licensed landscape design professional, which confirms that landscape and irrigation plans have been designed in conformance with provisions of Chapter 23.10 of Marin County Code; or (2) if applicable, a letter from the Marin Municipal Water l District ("MMWD") which confirms that landscape and irrigation plans have been approved pursuant to ! MMWD's Water Conservation Ordinance 326. I 8. The applicant shall be responsible for ensuring that the number of construction vehicles on site shall be I limited to the minimum number necessary to complete the pmject. • 9. Prior to issuance of a Certificate of Occupancy for a given phase of the project, the following requirements shall be satisfied: a. Approved landscaping and drip irrigation: systems shall be installed. The applicant shall .request an inspection of the required landscaping and irrigation by the CD A - Planning Division at least five working days before the anticipated completion of the project. Failure to pass illspection would result in withholding of the Certificates of Occupancy and imposition of hourly fees for subsequent re-inspections. The applicant and the County shall enter into a Standard Performance Agreement to ensure the maintenance and survival of any introduced landscaping for a minimum period of five years. Such agreement would be guaranteed by the applicant providing an adequate. security to replace any landscaping that does not survive the term of the agreement. b. All soils disturbed by development of the project shall be re-seeded with native grasses or wildflowers to control erosion. c. All exterior flashing, sheet metal, or metal work shall be chemically treated, naturally weathered, or painted an appropriately subdued, non-reflective color to reduce reflectivity. d. All utility connections and extensions serving the project shall be installed underground. e. All exterior lighting shall be only to the extent needed for safety and security and shall be hooded, directed downward, low level, and of an appropriate wattage. 10. . Any siguificant changes or additions to the project shall be submitted to the CDA- Planning Division for review and approval before the contemplated modifications may be initiated. · PC Minutes FEBRUARY 28, 2000 ~ ... -~ r1.1,....., 11 11 R.J 11 R. Paae #44 Master Plan Conditions The following conditions of approval, numbers 11 through 50, were derived from the Lucasfilrn Master Plan conditions of approval which, in turn, were derived from the project Environmental Impact Report mitigation measures. For reference, the original Master Plan condition number is provided in brackets at the end of each condition. 11. Blasting of bedrock may be necessary in order to loosen rock during grading; however, alternatives to blasting are strongly encouraged. Where required, blasting shall be limited to the absolute minimum necessary. Alternatives to blasting shall be specified, such as ripping the rocks mechanically. If blasting bedrock is necessary, blasting shall be limited to the hours of 8:00a.m. to 5:00p.m., Monday through Friday. Please refer to Condition 26 for further restrictions related to blasting and grading during raptor nesting periods . This condition shall be incorporated into the grading permit conditions of approval. (Master Plan Condition 2, Ordinance 3237) 12. Prior to issuance of a dam permit, the following requirements shall be satisfied: a. The Marin County Department of Public Works -Land Use & Water Resources Division ("DPW Land Use & Water Resources Division") shall verify that all dam construction plans and specifications comply with the recommendations of the Geologic and Geotechnical Investigation, Big Rock Ranch, Part 2, prepared by Kleinfelder, Inc. on July 29, 1999, and approved herein as "Exhibit D." The DPW - Land Use & Water Resources Division will conduct periodic site inspections d)lring construction to verify ongoing compliance with recommendations of the geotechnical investigation. b. The State Department of Water Resources, Division of Safety of Dams shall verify final approval of the detailed dam construction plans and specifications to the DPW - Land Use & Water Resources Division. (Master Plan Conditions 3 and 8, Ordinance 3237) 13. Prior to issuance of a grading penni! for a given phase of the project, a detailed, design-level Erosion _Control Plan shall be prepared and submitted for review and approval by the DPW- Land Use & Water Resources Division. This Plan shall be designed to reduce existing erosion and minimize new opportunities for erosion and off-site transport of eroded soils in stormwater runoff. At a minimum, this Plan shall implement the following measures: a. All grading should be restricted to the dry season from Aprli 15 to October 15: Adequate erosion control measures shall be provided on all disturbed areas during the rainy season from October 16 to April 14. All temporary erosion control measures required during the rainy season shall be installed by October 15. Please refer to Condition 26 for further restrictions related to grading during raptor nesting periods. b. All exposed, graded slopes shall be seeded with native grasses and wildflowers (hydroseeded or broadcast with a belly grinder) and protected with a straw or other form of mulch to reduce raindrop impact and rill erosion. On steep slopes, brush wattling shall be used to prevent erosion and provide a stable base for vegetation establishment. c. Runoff shall be directed away from all areas disturbed by construction. Temporary sediment basins, sedhnent ponds, and silt traps and basins shall be constructed where needed during project construction. These sediment retention facilities shall be maintained during construction and, if necessary, upon project completion. PC Minutes FEBRUARY 28, 2000 Item Nos. 11 A & 11 8, Page #45 ( ( d. Soil disturbance within Streamside Conservation Areas ("SCAs") shall be discouraged, except for stream restoration work. Where absolutely necessary, soil disturbance in the SCAs shall be limited to the smallest surface area and volume practical and for the shortest practical length of time. At road crossings in SCAs, a special effort shall be taken to stabilize soil surfaces. No soil or rock from road construction shall be deposited within an SCA. The use of heavy equipment near drainageways ·shall. be minimized to prevent destruction of the local ecosystem and to prevent addition of sedhnent to !be drainageways. I e. Any channel restoration or stabilization work involving !be introduction of fill into a channel and/or ! alterations to !be existing channel bed and banks may require !be acquisition of a fill permit from I !be U.S. Army Corps of Engineers, water quality certificate from the Regional Water Quality Control Board, and a 1603 Stream Alteration Agreement from !be State Department of Fish and Game. I I f. Existing vegetation shall be left undisturbed until a?tua! constmction is ready to commence. I g. The applicant's hydrologist shall supetvise all channel and tributary conStruction and shall make all I decisions involving tree removal at streambank stabilization sites after conferring with a certified I arborist, the restoration contractor, and the landscape architect. . Trees shall be spared wherever l possible and measures shall be taken to enhance the stability of locally threatened streambanks. · Where a tree is in hnrrduent danger of collapse or presents a real threat of extensive new bank erosion, removal shall be considered. In any event, the total number of trees removed shall not exceed the total number of trees identified for removal. h. All disturbed areas shall be hnmediately re-vegetated witb native drought-, fire-, .and freeze-tolerant plants or shall otherwise be adequately protected from botb wind and water erosion upon !be · completion of grading activities, i. Otber riparian plantings prescribed as part of !be channel restoration and stabilization work as part of !be La:ndscape and Vegetation Management Plan, approved herein as "Exhibit G," shall be undertaken under !be guidance of the project landscape architect, biologist, and hydrologist. j. SUrface drainage in overbank areas adjacent to graded slopes shall be collected in grass-lined and/or rocked swales and diverted to prescribed locations where it can be discharged witb adequate energy dissipation to preclude bank erosion and prevent !be rill erosion on graded slopes. k. Energy dissipaters shall be constructed at all culvert outlets comprising of a mix of Caitrans "light" and quarter-ton rock. 1. Long-term drainage control shall be managed witb suitably designed drainage control systems by sizing interceptor ditches and culverts to handle at least !be 100-year design storm. Prior to issuance of a grading permit for a given phase of !be project, !be DPW - Land Use & Water Resources Division shall review !be Erosion Control Plan and verify compliance with tbis condition. Measures of the approved Erosion Control Plan shall be incorporated into !be grading plan specifications. The DPW - Land Use & Water Resources Division will conduct periodic site inspections during construction to verify ongoing compliance witb this condition. (Master Plan Condition 4, Ordinance 3237) PC Minutes FEBRUARY 28, 2000 ~ ... - ...... r..1""' 11 i:J. JQ 11 R. Paae #46 14. Prior to final grading inspection for a given phase of the project, the applicant and the County of Marin shall enter into a Standard Performance Agreement to implement a five-year maintenance and monitoring program for erosion control and channel stabilization and restoration measures approved in the Erosion ·: <:;ontrol Plan required herein by Condition 13. Tlris monitoring program shall include the following measures: a. A yearly maintenance inspection of erosion control plantings shall be conducted prior to the onset of each rainy season from October 15 to April 15, Seeded areas that have not achieved a threshold of 60 percent cover shall be re-seeded and appropriate surface protection reapplied to prevent the erosion of still exposed ground. b. All channel stabilization and restoration measures shall be inspected by June 1 of each year of the· monitoring period. Any remedial work that may be required shall be reviewed and approved by the DPW- Land Use & Water Resomces Division and completed by October 15. Prior to final grading inspection for a given phase of the project, the DPW - Land Use & Water Resources Division shall verify compliance with this condition. This condition shall be incorporated into the grading pernrit conditions of approval .. (Master Plan Condition 5, Ordinance 3237) 15. Prior to issuance of a grading or building permit for a given phase of the project, a structural engineer with experience in seismic safety shall design all structures to meet minimum Uniform Building Code and Marin County Code standards or better. Seismic induced loads on the dam shall be considered in the detailed plan for the dam. Prior to issuance of grading ·or building pernrits for a given phase of the project, the DPW -Land Use & Water Resources Division and the CDA -Building Inspection Division shall verify compliance with this condition. (Master Plan Condition 6, Ordinance 3237) 16. Prior to issuance of a grading pe1mit for grading in asbestos-containing serpentine rock, the applicant shall prepare and subnrit a Health and Safety Plan for review and approval by the Bay Area Air Quality Management District ("BAAQMD") in consultation with the Regional Water Quality Control Board ("RWQCB"). This Plan shall be prepared in accordance with California Occupational Safety and Health Agency requirements as described in Title 8, §5192 of the California Code of Regulations. The Plan shall contain the means and methods for controlling and monitoring airborne asbestos including, but not. be linrited to: a trained inspector shall be required to be on site during excavation to identify serpentine rock; serpentine rock shall be disturbed as little as possible; travel over exppsed serpentine areas shall be restricted to only that necessary for excavation; and other measures shall be included that relate to ongoing monitoring. The other measures that relate to ongoing monitoring include the following: a. Dust control on project haul roads shall be maintained at levels sufficient to prevent escape of fugitive dust out of the construction area. This shall be achieved by thorough watering in truck loading areas, vehicle access ramps, and wherever else in the construction area dust would be generated by grading activities. Dust control at active working serpentine faces that contain asbestiform minerals shall be maintained at levels sufficient to prevent escape of fugitive dust off site by frequent watering and close monitoring of wind conditions. If wind conditions make adequate dust control infeasible, construction in the serpentine working face shall be deferred until the wind subsides sufficiently to prevent off-site fugitive dust. b. In the event that asbestiform minerals are discovered, the effectiveness of the asbestos control measures shall be monitored by collection of air samples during grading. Samples shall be collected by a Certified Indi!strial Hygienist at locations upwind, downwind, and in the construction area. If monitoring shows that exposure limits are exceeded, serpentine material exposed in active working areas shall be subject to further dust control measures, such as covering the exposed PC Minutes FEBRUARY ·28, 2000 Item Nos. 11 A & 118, Page #47 ( .;.····· ·. \ material·at the end of each work day, sealing_ exposed serpentine with a stabilizing emulsion, watering the material to minimize wind erosion, or construction in serpentine areas shall be deferred until weather conditions allow the standard to be met. c. In the event that asbestiform minerals are discovered, air monitoring shall be conducted after grading to identify any on-site sources of airborne asbestos emissions that pose a signiftcant risk. Sources identified as posing a significant risk shall be covered with clean fill and stabilized. Air monitoring shall be conducted after mitigation to verify that the risk has been reduced to a less than-significant level. d. If serpentine rock that contains asbestiform minerals is discovered during grading, water quality testing shall be conducted throughout the grading phase downstream of erosion control measures. If the required erosion control measures fail to contain asbestos in the construction area, testing shall be conducted at Nicasio Reservoir to ensure that the U.S. Environmental Protection Agency and California Primary Maximum Contaminant Level is not exceeded. The water quality testing program shall be subject to review and approval by the RWQCB. All grading permit applications for a given phase of the project shall indicate whether the grading associated with that phase would involve grading in asbestos-contairring serpentine rock. Prior to issuance of a grading permit for grading in asbestos-containing serpentine rock, the BAAQMD and RWQCB shl!ll verify approval of the Health and Safety Plan and compliance with this condition to the ~ DPW - Land Use·& Water Resources Division. The BAAQMD and RWQCB will conduct periodic site i inspections during project grading to verify ongoing compliance with this condition. (Master Plan Condition 7, Ordinance 3 237) iH 17. Prior to issuance of a grading or building permit for a given.phase of the project, the DPW - Land Use & Water Resources Division shall verify that all consb.uction plans and specifications comply with the I recommendations of the Geologic and Geotechnical Investigation, Big Rock Ranch, Part 1, prepared by Kleinfelder, Inc. on July 29, 1999 and approved herein as "Exhibit C." The DPW- Land Use & Water Resources Division will conduct periodic site inspections' during construction to verify ongoing I compliance with recommendations of the geotechnical investigation. (Master Plan Condition 8, Ordinance 3237) I 18. Prior to issuance of a grading permit for a given phase of the project, the applimint shall implement the following water quality protection measures; a. If required, the applicant shall obtain coverage under the General Construction Activity Storm Water ("GCASW") permit for construction-related stom1 water discharges from the State Water Resources Control Board. Provisions of the GCASW permit wonid prohibit increases in off-site sedhuentation or turbidity within receiving waters during project construction. b. If required, the applicant shall obtain a National Pollutant Discharge Elimination System ("NPDES") non-point source pollution control permit from the Regional Water Quality Control Board ("RWQCB"). c. Best Management Practices ("BMPs") shall be incorporated into a long-term site management program to remove non-point source pollutants in stormwater runoff. At a minimum, oil and grease traps shall be installed, where needed, in the storm drain systems that serve the parking areas to remove accumulated petrochemical contaminants. Traps shall be installed, where needed, at selected gutter iniets along access roads. Other BMPs may be implemented in accordance with compliance provisions of the RWQCB in order to obtain a NPDES non-point source pollution PC Minutes FEBRUARY 28, 2000 Item Nos. 11 A & 11 B, Page #48 control permit. A long-term maintenance schedule for the oil and grease traps shall be developed in consultation with the RWQCB and the DPW- Land Use & Water Resources. d. A road and parking area cleaning and sweeping program shall be developed to ensure the proper removal and disposal of accumulated petrochemical contaminants, particularly in the parkh1g areas. e. Storage tanks and other hazardous material sites shall be monitored in accordance with applicable County and State regulations. · f. In conjunction with the Erosion Control Plan required herein by Condition 13, grading permits shall include a Surface Runoff Pollution Control Plan that addresses both interim (during construction) and final (post construction) control measures. The specific measures to be utilized shall be subject to the review and approval of the DPW - Land Use & Water Resources Division and shall be in general accordance with the current Suiface Runoff Pollution Control Plan for the Cities and County of Marin. The Plan should also be reviewed by the RWQCB for comment. The applicant shall submit copies of any approved GCASW permit and NPDES permit (if required) to the DPW- Land Use & Water Resources Division. Monitoring of water pollution control measures required under these permits would be conducted as specified in the permit approvals. Prior to the issuance of a grading permit for a given phase of the project, the DPW -Land Use & Water Resource Division sllall review the Surface Runoff Pollution Control Plan and grading plan to verify compliance with this condition. The DPW - Land Use. & Water Resources Division will conduct subsequent site inspections to verify that required water quality protection measures have been hnplemented in conformance with approved plans. (Master Plan Condition 11, Ordinance 3237) 19. Prior to issuance of the septic permit, the CDA - Environmental Health Services Division shall verify that the septic system construction plans and specifications comply with the recommendations of the On site Sewage Disposal Feasibility Report, prepared by Questa Engineering Corporation on December 9, 1999, and approved herein as ''Exhibit F." (Master Plan Condition 12, Ordinance 3237) 20. Prior to the issuance of any construction permit, conduct of any final grading inspection, or issuance of any Certificate of Occupancy for a given phase of the project, a qualified arborist, landscape architeci, or biologist experienced in management of native species and/or wetland restoration, where appropriate, shall verify to the CDA - PlaiDling Division that any proposed plan or completed construction complies with all applicable provisions of the Landscape Vegetation and Management Plan prepared by Ralph J. Alexander· & Associates on October 29, 1999, approved herein as "Exhibit G," which includes the following docnments: a. The landscape plan, as shown on Sheets L-1, L-2, and L-3 of '.'Exhibit A;" b. The Weed Control Plan prepared by LSA Associates, Inc. on October 29, 1999; c. Vehicle access prevention measures to open space, as shown on Sheet G-8 of "Exhibit A;" d. The tree survey, as shown on Sheet G-13 of "Exhibit A;" e. The Tree Preservation Guidelines prepared by LSA Associates, Inc. on Jniy 29, 1999; f. The Tree Replacement Plan prepared by LSA Associates, Inc. on July 29, 1999; PC Minutes· FEBRUARY 28, 2000 Item Nqs. 11 A & 11 B, Page #49 / ( \ \ E. I \ ( g. The Native Grassland Restoration and Enhancement Plan prepared by LSA Associates, Inc. on October 15, 1999; h. The Wildlife Protection and Management Plan prepared ·by LSA Associates, Inc. on October 15, 1999; i. The Foothill Yellow-Legged Frog Mitigation and Monitoring Plan prepared by Wetlands Research. Associates, Inc. in June 1999; j. The Special Status Plant Protection Plan prepared by LSA Associates, Inc. on July 29, 1999; k. The Wetland Mitigation and Monitoring Plan prepared by Wetlands Research Associates, Inc. on October 29, 1999; l. The Screening at Levels of Maturity Plan prepared by Ralph J. Alexander & Associates on October 29, 1999; and m. The Fire Hazard Mitigation and Defensible Space Vegetation Management Plan prepared by Ralph J. Alexander & Associates on July 29, 1999. Proposed construction plans and documents shall clearly note, incorporate, or reference all appropriate site preparation, construction monitoring, and contingency measures contained in these documents. Prior to issuance of any construction permit, conduct of a final inspection, or issuance of a Certificate of Occupancy, the project arborist, landscape architect, or biologist, where appropriate, shall verify to the CDA - Planning Division compliance with this condition. At the request of the County, the project arborist, landscape architect, or biologist shall be responsible for verifying ongoing compliance with these measures during project construction to the CDA - Planning Division. (Master Plan Conditions 13, 15, 16, 18, 19, 21, 22, 23, 26, 31, and 52, Ordinance 3237) · 21. Vehicle access prevention measures to open space areas, as shown on Sheet G-8 of "Exhibit A," are acceptable to the Marin Comity Open Space District with the following revisions to be submitted prior to issuance of the first building permit: a. Details for the access gates off Lucas Valley Road need to be refined to accommodate safety considerations for trail users crossing the road between Big Rock Ranch and McGuire Ranch. These details and the exact location and aligmneut of the gates shall be worked out to the mntnal satisfaction of the applicant and District staff. If practicable, the trail entry gates should be directly opposite of each other. b. Adequate access structores for multiple users (i.e., bikers, horseback riders, and bicyclists) at the trail entries and at areas grazed by cattle shall be worked out with District staff. c. With exception to emergencies and the necessity to carry out agricultoral operations, snch as agricultural worker transports and the movement of excavation equipment, Lucasfilm vehicles shall be prohibited from traveling off improved roads and trails. The Open Space District shall verify compliance with this condition prior to issuance of the first building permit. (Master Plan Condition 15, Ordinance 3237) PC Minutes FEBRUARY 28, 2000 ~ ... ~.....-. l\.1""' 11 A Rt 118. Paae #50 22. Prior to issuance of the first gradiug permit, a qualified biologist experienced in management of native species and wetlands restoration shall hold a pre-constmction seminar with the applicant and project contractors to present information on the required measures for tree preservation, native grassland protection, special status amphibian protection, special-status plant protection, and wetlands restoration. As part of the pre-construction seminar, the anticipated limits of grading shall be flagged. Areas to be graded in the vicinity of native grasslands and the special-status plant populations shall be clearly staked with color-coded flagging set at 50-foot intervals, subject to confirmation by the project biologist. Trees to be salvaged and/or retained within 50 feet of the grading limits shall be identified through flagging or · other method. Disturbance from grading equipment operation, storf!ge, or other activities shall be prohibited beyond the approved limits of grading. The project biologist shall verifY compliance with this condition to the CDA - Planning Division prior to issuance of the first grading permit. (Master Plan Conditions 13, 18, 21, 23, and 26, Ordinance 3237). 23. A qualified biologist experienced in management of native species shall be required to monitor grading related to the landslide repair south of the new dam to ensure. that disturbance to special-status plant populations is avoided. Disturbance from gradiug. equipment operation, storage, or other activities shall be prohibited beyond ti1e approved limits of grading. The project biologist shall be responsible for verifYing compliance with this condition during the landslide repair to the CDA - Planning Division, This condition shall be incorporated into tile grading permit conditions of approval. (Master Plan . Condition 23, Ordinance 3237) 24. A qualified biologist experienced in wetland restoration shall be required to monitor constmction and restoration of all wetlands. The project biologist shall be responsible for verifYing compliance wifu this condition during wetland construction and restoration projects to tile CDA - Planning Division. This condition shall be incorporated into the gradiug permit conditions of approval. (Master Plan Condition 2i5, Ordinance 3237) 2~.. All project-related grading, landscaping, and site restoration measures shall be done in the shortest time feasible to minimize erosion and visual impacts. Prior to final grading inspection or issuance of a Certificate of Occupancy for a given phase of t11e project, whichever occurs first, tile applicant and· the County of Marin shall enter into a Standard Performance Agreement to implement a five-year monitoring and annual reporthlg program by a qualified biologist experienced in management of native species and wetland restoration for landscaping and site restoration measures approved in the Landscape and Vegetation Management Plan ("Exhibit G"). This monitoring and ammal reporting program shall comply wifu the following measures: a. Graded slopes and areas disturbed as part of tile project shall be monitored on an annual basis to prevent estab!isinnent aud spread of noxious weeds. Weed control measures, as recommended in tile Weed· Control Plan prepared by LSA Associates, Inc. on October 29, 1999, shall be implemented when noxious weeds are encountered, b. Provisions for maintenance of landscaping and re-vegetation of graded slopes shall be specified with replacement plantings and seeding to ensure re-establisinnent of vegetation cover. c. In compliance wifu t11e Tree Replacement Plan prepared by LSA Associates, Inc. on July 29, 1999, any mature, salvaged trees wifu trunk diameters of 12 inches or greater (measured at 4,5 feet above grade) fuat die within tile monitoring period shall be replaced at a 5 to 1 ratio for oaks and a 3 to 1 ratio for all oilier native trees. Any salvaged young trees and saplings (trees wifu trunk dian1eters of less fuan 12 fiches), locally collected and grown seedlings, or nursery stock plantings that die within fuis time period shall be replaced at a 1 to 1 ratio on an annual basis. PC Minutes FEBRUARY 28, 2000 Item Nos. 11 A & 118, Page #51 ( ( ( d.· Native grassland restoration areas shall be monitored on an annual basis to ensure compliance with· performance, maintenance, long-term management, monitoring, and contingency provisions of the Native Grassland Restoration and Enhancement Plan prepared by LSA Associates, Inc. on October 15, 1999. e. Armual stream habitat assessments and surveys for the foothill yellow-legged frog (Rana boylii) shall be conducted iu compliance with provisions of the Foothill Yellow-Legged Frog Mitigation and Monitoring Plan prepared by Wetlands Research Associates, Inc. in June 1999. I f. The special status plant populations associated with the serpentine formation south of the reservoir, including populations of Tiburon buckwheat (Eriogonum luteolum var. caninum), Marin western flax (Hesperolinon congestum), and woolly-headed lessingia (J,essingia hololeuca), shall be i monitored on an annual basis to ensure the success of the protection measures recommended by the Special Status Plant Protection Plan prepared by LSA Associates, Inc. on July 29, 1999. g. Wetland mitigation areas shall be monitored on an annual basis to ensure compliance with wetland protection, enhancement,· replacement, and restoration provisions of tile Wetland Mitigation and I Monitoring Plan prepared by Wetlands Research Associates, Inc. on October 29, 1999. i h. At tlle request of the County, status reports shall be submitted during tlle five-year monitoring period to report on the success of the landscaping and site. restoration measures and any necessary corrective measures undertaken to ensure the success of such measures. Prior to fmal grading inspection or issuance of a Certificate of Occupancy for a given phase of the project, whichever occurs first, the CDA - Planning Division shall verify compliance with this condition. This condition shall be incorporated into tlle grading permit conditions ·of approval. (Master Plan Conditions 14, 20, 21, 23, and 26 Ordinance 3237) 26. Prior to issuance of a grading permit for a given phase of the project, a pre-grading raptor nest survey report shall be prepared and submitted by a qualified l;>iologist for review and approval by the CDA - Planning Division if grading would occur during raptor nesting periods (January 15 through August 14) . .Trees containing active raptor nests within tlle limits of grading shall be avoided and retained until young birds are able to leave the nest (i.e., fledge) and forage on their own. Avoidance shall be accomplished either by scheduling grading and tree removal during the non-nesting period (August 15 through January 14) or, if this is not feasible, by conducting the pre-grading survey for active raptor nests. If grading is scheduled during the nesting period, tlle project biologist shall conduct the pre-grading raptor survey to confirm the presence or absence of active nests in the vicinity of proposed grading. If any active nests are present, species-specific recommendations shall be prepared by tlle biologist and iulplemented to prevent abandonment of the active nest. At a minimum, grading or other disturbance within 300 feet of the nest shall not be permitted until the biologist has confirmed that the young raptors have fledged and are self-reliant foragers. As necessary, representatives of the California Department of Fish and Game and the U.S. Fish and Wildlife Service shall be consulted regarding appropriate construction restrictions, building setbacks, landscape screening and other metllods to ensure compliance with the Migratory Bird Treaty Act and the State Fish and Game Code. Prior to issuance of a grading permit for a given phase of . the project, the CDA - Planning Division shall verify compliance with this condition. Recommended measures of tlle report shall be incorporated into the grading permit conditions of approval. (Master Plan Condition 24, Ordinance 3237) PC Minutes FE6RUARY 28, 2000 .... " d. >I "10 27. Prior to issuance of grading or dam permits for the reservoir, the existing western pond turtle population at the reservoir shall be preserved through creation of a temporary impoundment at the reservoir or . through temporary relocation of the turtles to the reservoir at Skywalker Ranch, Implementation of · either option shall be performed by a qualified biologist familiar with the western pond turtle, The project biologist shall be responsible for overseeing construction of a temporary impoundment on site, relocating any turtles stranded within the receding reservoir during de-watering to an on-site impoundment or to the Skywalker Ranch reservoir, and relocating the turtles once the Big Rock Ranch ·reservoir is completed and surface water habitat has been restored. Details of each preservation option are summarized as follows: a. If the temporary, on-site impoundment option is used, the impoundment shall be created within· a portion of the existing reservoir to provide for· suitable turtle habitat during de-watering and dam reconstruction. The impoundment shall preferably be created along the southwestern edge of the reservoir, near the confluence of Big Rock and Dairy Creeks, where surface water from the streams should provide a continuous flow into the impoundment and access by turtles to the existing open water habitat . of the reservoir would be possible. The impoundment shall encompass a minimum of 4,000 square feet, with side slopes no steeper than 2 to 1 (horizontals to vertical), and a depth of at least four feet. Several artificial islands or anchored rafts shall be created within the impoundment to provide protected haul-out areas for turtles. The impoundment shall be fenced to restrict access by cattle. b. If turtles are temporarily relocated to the reservoir at Skywalker Ranch, they shall be collected during de-watering of the existing reservoir, Several artificial islands or anchored rafts shall be. installed within 20 feet of the shoreline of the existing pond to provide protected haul-out areas for turtles. Use of live traps would most likely be required to relocate turtles back to the existing reservoir on Big Rock Ranch. The project biologist shall verii'y to the CDA - Planning Division compliance with this condition prior tq issuance of grarl!ng or dam permits for the reservoir and prior to final grading inspection. (Master Plan Condition 25, Ordinanqe. 3237) 28. Prior to issuance of grading or dam pern:iits for the reservoir, a qualified wildlife biologist familiar with the foothill yellow-legged frog (Rana boylii) shaH confilm to the CDA - Planning Division that all foothill yellow-legged frogs located within areas to be inundated by the reservoir expansion or impacted by grading have been relocated to suitable habitat that will not be impacted by grading. ·Specifically, the project biologist shall confirm project compliance with the following measures: a. The project biologist shall conduct pre-construction stream habitat assessments of Dairy, Big Rock, and Nicasio Creeks for suitable foothill yellow-legged frog h~bitat. Drainage 8 shall also be assessed to determine if foothill yeHow-legged frogs are present. For reference, these drainages are shown on Sheet W-2, the Wetlands Mitigation Plan, of "Exhibit A." Habitat types (primarily pool, riffle, run, and substrate types) and foothill yellow-legged frog sightings shaH be mapped to determine preferred habitat. The stream habitat structure shall be assessed using appropriate field data sheets, and foothill yellow-legged frog density indices shall he determined for each habitat' type. b. Foothill yellow-legged frogs shall be captured and relocated from stream reaches where impacts are anticipated to Nicasio Creek. Capturing adult and post-metamorphic frogs from the streams shall require placing a wire-mesh fence during the sununer across each stream at the upstream extent of the anticipated inundation and grading to prevent frogs from moving into or out of the capture areas. The wire-mesh fence shall remain and be maintained during the entire construction period. PC Minutes FEBRUARY 2.8, 2.000 Item Nos. 11 A & 11 B, Page #53 /'' / ' ( ( In August, September, and/or October (following metam01phosis), all foothill' yellow-legged frogs withtn the captnre areas shall be captured by hand using small dipnets and transferred to a covered I bucket of water. All captured individuals shall be measured and photographed before release to Nicasio Creek. Individuals shall be released in suitable habitat several meters apart. All releases shall be mapped. · The project biologist shall verify to the CDA ~ Planning Division compliance with this condition prior to issuance of grading or dam pennits for the· reservoir. Following construction, Big Rock, Dairy, and Nicasio Creeks, as well as Drainage 8, shall be managed and monitored as foothill yellow-legged frog habitat, and annual stream habitat assessments and surveys shalLbe conducted, fo.r a five-year monitoring period in compliance with provisions of the Foothill Yellow-Legged Frog Mitigation and Monitoring Plan prepared by Wetlands Research Associates, Inc. in June-1999. The CDA ~ Planning Division and California Department of Fish and Game will verify ongoing compliance with the monitoring and reporting requirements of the Plan. 29. All available, agriculturally-productive land on the Big Rock, McGuire, Lema Alta, and Grady Ranches, to the extent that the applicant owns or controls the land, shall be used, enhanced, maintained, managed, and monitored in compliance with provisions of the Big Rock Ranch Final Agricultural Management Plan, prepared by Sage Associates on October 1, 1999, as revised by an addendum dated January 10, . 2000, and approved herein as "Exhibit H." The Marin Agricultural Land Trust may have access to the property in order to verify ongoing compliance with provisions of the agricultural management plan for the Big Rock, McGuire, and Lama Alta Ranches, as provided for in their conservation easement requirements. At the request of the County, a certified rangeland manager may have access to the property in order to verify ongoing compliance with provisions of the agricultural management plan for Grady Ranch to the CDA ~ Planning Division, as long as the applicant owns or controls Grady Ranch. (Master Plan Condition 27, Ordinance 3237) 30. Pursuant to Section 23.03.050(c) of Marin County Code, the applicmt shall sigu a statement of acknowledgment which discloses that normal agricultural operations in the site's agricultural conservation area would not constitute a "nuisance" to non-agricultural operations on site. The CDA ~ Planning Division shall provide the appropriate form, which shall be recorded in the Marin County Recorder's · Office prior to issuance of the first Certificate of Occupancy. (Master Plan Condition 27, Ordinance 3237) 31. Prior to issuance of the first building permit, .fee ownershtp of approximately 800 acres of Grady Ranch shall be dedicated as public open apace to the Marin County Open Space· District, excepting therefrom the two telecminnunications sites currently identified as Assessor's Parcels 164-310-07 and -13 and subject to reserved access easements to these sites. The Open Space District agrees to consider agricultural use on at least a portion or all of the dedicated land with agricultnral potential for long-term, properly managed agricultural uses, such as cattle grazing. Any portion of Grady Ranch still owned by the applicant and not dedicated to the Open Space District that is used for agricultural purposes shall be subject to measures of the approved Big Rock Ranch Final Agricultural Management Plan, prepared· by Sage Associates on October 1, 1999, as revised by an addendum dated January 10, 2000, and approved herein as "Exhibit H." The precise boundary of the dedicated land may be modified as part of the Lucasfilm Precise Development Plan for Grady Ranch, subject to the approval of the Marin County Community Development Agency and Marin County Open Space District. Prior to issuance of the flrst huilding penni!, the Open Space District shall verify compliance with this condition to CDA ~ Planning Division. (Master Plan Condition 28, Ordinance 3237) PC Minutes FEBRUARY 28, 2000 .... _~ r..1 .... .,. 11 I'! R. 11 R. PAae #54 32. Exterior lighting shall be turned off after 11:00 p.m. if not in use, unless needed for safety and security reasons. Lighting shall be adequate for safety and security but shall minimize calling attention to the project. (Master Plan Condition 29, Ordinance 3237) 33. Prior to issuance of the first grading permit, a qualified archaeologist, approved by the Couuty and paid for by the applicant, that is experienced in North Bay prehistmy and research considerations shall hold a pre-construction seminar with the applicant and project contractors to present informati9n on the potential for, aud nature of, buried archaeological resources in the development area and how to identify the resoq:rces. The project archaeologist shall verify compliance wkh this condition to the CDA - Planning Division prior to issuance of the first grading permit. (Master Plan Condition 36, Ordinance 3237) 34. A ·qualified archaeologist, approved by the County and paid for by the applicant, that is experienced in North Bay prehistory and research considerations shall be required to monitor grading and building activities in the vicinity of the following prehistoric archaeological sites to ensure maximum protection and preservation of the site resources: CA-Mrn-464, a prehistoric archaeological site of rock outcroppings with petrogiJphs; CA-Mrn-465, a prehistoric archaeological site of rock outcroppings with petroglyphs; and CA-Mrn-495, a prehistoric archaeological midden site. A Native American observer that is approved by the California Native Heritage Commission in Sacramento shall conduct periodic observations during grading. The project archaeologist shall be responsible for verifying compliance with this condition during grading and building activities near these resources to the CDA - Planning Division. This condition shall be incorporated into the grading permit conditions of approval. (Master Plan. Conditions 33, 34, 35, and 37, Ordinance 3237) 35. If archaeological resources are discovered during site grading, all work shall be stopped innnediately in the general area of the find. A qualified consulting archaeologist, approved by the County and paid for by the applicant, shall assess the resource site and submit a written report to the CDA - Planning Division. The report shall evaluate the significance of the find and recommend a course of action· acceptable to all concerned parties. If mitigation is required, the first priority shall be for avoidance and preservation of the resource. If avoidance is not feasible, an alternative plan that may include excavation shall be prepared. All such procedures shall be conducted within the context of Appendix K of the State CEQA Guidelines and by the California Office of Historic Preservation, The Native American community shall be consnlted on all aspects of the mitigation program. Compliance with all State laws regarding impacts to prehistoric Native American burials shall be strictly enforced. Work within the general vicinity of the find shall not recommence without the approval of the CDA - Planning Division. All future development of the site must be consistent with the fmdings and recommendations of the archaeological report as approved by the CDA - Planning Division. If the report identifies significant resources, amendment of the permit may .be required to implement mitigation measures to protect the resources. If any resources are discovered, monitoring measures recommended in the archaeologist report shall be implemented to protect the discover~d resources. Prior to issuance of a grading permit, the CDA - Planning Division shall verify that the grading plan specifications comply with this condition. This condition shall be incorporated into the grading permit conditions of approval. (Master Plan Condition 38, Ordinance 3237) 36. Prior to issuance of the first building permit, the applicant shall pay a total Northgate Activity Center Plan traffic mitigation fee of $81,820 (February 1999 dollars). This fee, which may be adjusted for inflation by the ENR construction cost index at the time the fee is paid, is based on 74 PM peak-hour trips at $3,037.00 per trip offset by 55 percent of the total cost of other local traffic improvements constructed or financed by the applicant required hereinby Conditions 37, 38, 39, 40, 41, 42, and 44, · Prior to issuance of the first building permit, the DPW - Traffic Division shall verify payment of the traffic mitigation fee and compliance with this condition. (Master Plan Conditions 39 and 41, Ordinance 3237) PC Minutes FEBRUARY 28, 2000 Item Nos, 11 A & 11 B, Page #55 ( ( 37, Prior to issuance of the first building permit, the applicant shall pay a fee not to exceed $130,000 for the design and installation of a traffic signal at the Miller Creek Road/Lucas Valley Road intersection. Prior to issuance of the first building permit, the DPW - Traffic Division shall verify payment of the fee and compliance with this condition. (Master Plan Conditioi1S 40 and 47, Ordinance 3237) 38. Prior to issuance of the first building permit, the applicant shall pay a "fair-share" traffic mitigation fee of $61,750 (February 1999 dollars) for installation of a temporary traffic signal at the Highway 101 southbound off-ramp/Lucas Valley Road intersection. This fee, which may be adjusted for inflation by the ENR construction cost index at th{l time the fee is paid, is based on the cost of this traffic improvement ($247 ,000) and the project's share of short-range cumulative traffic growth at this intersection during the PM peak hour (25 percent). Prior to issuance of the first building permit, the DPW - Traffic Division shall verify payment of the fair-share fee and compliance with this condition. (Master Plan Condition 42, Ordinance !1237) 39. Prior to issuance of the first building permit, the applicant shall pay a "fair-share" traffic mitigation fee of $7,000 (Febmary 1999 dollars) for the following improvements at the Highway 101 northbound off ramp/Smith Ranch Road intersection: (1) coni;truction of a second eastbound through lane on Smith Ranch Road; and (2) construction of a second westbound left-torn lane on the northbound off-ramp. This fee, which may be adjusted for inflation by the ENR construction cost index at the time the fee is paid, is based on the cost of these traffic improvements ($350,000) and the project's share of long-range cumulative traffic growth at this intersection· during the PM peak hour (2 percent). Prior to issuance of the first building permit, the DPW - Traffic Division shall verify payment of the fair-share fee and compliance with this condition. (Master Plan Condition 43, Ordinance 3237) 40. Prior to issuance of the first building permit, the applicant shall pay a ''fair-share" traffic mitigation fee of $25,000 (February 1999 dollars) for construction of au acceleration lane on Lucas Valley Road for southbound !eft-torning vehicles at the Mt. Lassen Drive/Lucas Valley Road intersection. This traffic iinprovement would require the creation of a median acceleration lane and the possible widening of Lucas Valley Road in the vicinity of Mt. Lassen Drive. This fee, which may be adjusted for inflation by the ENR construction cost index at the time the fee is paid, is based on the cost of this·traffic improvement ($100,000) and the project's share of long-range cwnulative traffic growth at this intersection during the P;M peak hour (25 percent). Prior to issuance of the first building permit, the DPW - Traffic Division shall verify payment of the fair-share fee and compliance with this condition. (Master Plan Condition 44; Ordinance 3237) 41. Prior to issuance of the first building permit, the applicant shall pay a "fair-share" traffic mitigation fee of $17,000 (February 1999 dollars) for construction of a second eastbound through lane on Lucas Valley Road at the Las Gallinas Avenue/Lucas Valley Road intersection. This fee, which may be adjusted for inflation by the ENR construction cost index at the time the fee is paid, is based on the cost of this traffic improvement ($100,000) and the project's share of long-range cumulative traffic growth at this intersection during the PM peak hour (17 percent). Prior to issuance of the first building permit, the DPW - Traffic Division shall verify payment of the fair-share fee and compliance with this condition. (Master Plan Condition 45, Ordinance 3237) 42. Prior to issuance of the first building permit, the applicant shall pay a "fair-share" traffic mitigation fee of $3,500 (February 1999 dollars) for the following improvements at the Los Garnos/Lucas Valley Road intersection: (1) construction of a westbound left-turn lane on Los Garnos Road; (2) restriping the southbound leg (Highway 101 off-ramp) in order to provide two eastbound left-torn lanes and a southbound through/westbound right-turn shared lane; and (3) splitting the north-south signal phase in order to accommodate the restriped southbound leg configuration. These traffic improvements are in addition to the programmed Highway 101 ramp improvement project; This fee, which may be adjusted PC Minutes FEBRUARY 28, 2000 ..... ~ n <1 'I a o.,...,o :ilh.R for inflation by the ENR construction cost index at the time the fee is paid, is based on the cost of these traffic improvements ($50,000) and the project's share of long-range cumulative traffic growth at this intersection during the PM peak hour (7 percent). Prior to issuance of the first building permit, the DPW - Traffic Division shall verify payment of the fair-share fee and compliance with this condition. (Master Plan Condition 46, Ordinance 3237) . 43. Upon issuance of the first Certificate of Occupancy, the applicant shall implement measures of the Transportation-Reduction Program, approved herein as "Exhibit I," that include: (1) a plan · ' administrator; (2) carpool matching services; (3) a guaranteed ride home program; (4) an incentive program; (5) on-site services, such as bicycles for shuttling between buildings, company-subsidized. restaurants, child-care services, fitness facilities, postal services, and check-cashing services; (6) program administration details; and (7) marketing strategies. The applicant shall verify implementation of this prograi:n to the CDA - Planning Division upon issuance of the first Certificate of Occupancy. At the request of the County, the applicant shall verify ongoing compliance with this condition to the CD A Planning Division. (Master Plan Condition 47, Ordinance 3237) 44. Prior to issuance of the first building permit, the applicant shall pay a "fair-share" traffic mitigation fee of $15,600 (February 1999 dollars) for installation of traffic signals at both intersections of the Miller Creek Road and Highway 101 ramps at the Miller Creek/Highway 101 interchange. This fee, which may be adjusted for inflation by the ENR construction cost index at the time the fee is paid, is based on the cost of these traffic improvements ($260,000) and the project's share of long-range traffic growth at these intersections during the PM peak hour (6 percent). Prior to issuimce of the first building permit, the DPW- Traffic Division shall verify payment 9f the fair-share fee and compliance with this condition. (Master Plan Condition 48, Ordinance 3237) 45. Prior to issuance of a grading permit for a given phase of the project, the applicant shall incorporate the following dust control measures into the grading plan specifications: a. Grading or other dust-producing construction activities shall be suspended during periods of high winds when dust control is not effective, b. Graded soils shall be watered twice ,daily, and more often on days when winds exceed 10 to 15 miles per hour, An appropriate dust palliative or suppressant, added to the water before application, shall be utilized. In order to promote water conservation, recycled and reclaimed water should be used for dust control whenever possible. c. Equipment and personnel for watering of aU graded soils shall be provided on site as needed. d. Stockpiles of debris, soil, sand, or other materials that can be blown by the wind shall be watered or covered. e. The construction area and adjacent streets shall be swept to minimize the amount of mud and.dust carried onto street surfaces by construction vehicles. f. The speed of construction vehicles shall be limited to 15 miles per hour while on site. g. When grading activities cease, completed cuts or graded areas shall be seeded, covered, landscaped, paved, and/or watered with an appropriate dust palliative or suppressant added to the water as soon as possible to avoid leaving disturbed earth uncovered. PC Minutes FEBRUARY 28, 2000 Item Nos. 11 A & 118, Page #57 ( ' ( h. If trucks haul soils to or from the site, the trucks shall be covered with a solid tarp, or equivalent material, to prevent dust from becoming airborne during transp01t. i. Jn adverse, high-wind conditions where the sustained wind velocity is at or above 25 miles per hour during the dry season, or if dust control measures required herein are not effective, grading shall cease immediately until winds subside. sufficiently to control fugitive dust. Dust control measures are considered not effective when there is a visible dust plume. Prior to issuance of a grading permit for a given phase of the project, the CDA - Planning Division shall verify approval of the grading plan specifications and compliance with this condition. The DPW - Land I Use & Water Resources Division and/or the Bay Area Air Quality Management District will conduct periodic site inspections during construction to verify ongoing compliance with this condition. This condition shall be incorporated into the grading permit conditions of approval. (Master Plan Condition 50, Ordi!Uince 3237) I l' 46. Prior to issuance of a grading permit for a given phase of the project, the applicant shall incorporate the following noise reduction measures into the grading plan specifications: a. All powered construction equipment used shall be maintained in good operating condition and internal combustion engines shall be equipped with intake and exhaust mufflers. b. Powered construction equipment shall be turned off when not in use. c. If complaints are received regarding construction noise, the County may require a noise specialist to take noise readings at the affected sites. The noise specialist, approved by the County and paid for by the applicant, shall assess noise impacts at the affected sites and recommend, if appropriate, additional noise reduction measures to the CDA- Planning Division for review and approval .. If approved, the additional noise reduction measures shall be implemented immediately by the applicant. Prior to issuance of a grading permit for a given phase of the project, the CDA - Planning Division shall verify approval of the grading plan specifications and compliance with this condition. The DPW - Land Use & Water Resources Division will conduct periodic site inspections during construction to verify ongoing compliance with this condition. This condition shall be incorporated into the grading permit conditions of approval. (Master Plan Condition 51, Ordinance 3237) 47. Prior to issuance of the first grading permit, the applicant shall develop a Vegetation Modification Plan and a Vegetation Management Plan in consultation with the Marin County Fire Department. A Vegetation Modification Plan outlines a program for the initial thinnlng or removal of flammable vegetation, while a Vegetation Management Plan outlines im on-going annual vegetative maintenance program. At a minimnm, the Plans shall address on-site fire hazards based npon fuel load, slope, aspect, topography, and other factors, and shall determine priority problem areas on site where fire safety measures shall be emphasized. The Plans shall be reviewed and approved by the Marin County Fire. Department, The Marin County Fire Department shall verify approval of the Vegetation Modification and Management Plans and compliance with this condition to the CDA - Planning Division prior to issuance of the first grading permit. The Marin County Fire Department will conduct periodic site inspections to verify ongoing compliance with this condition. (Master Plan Condition 53, Ordi!Uince 3237) PC Minutes FEBRUARY 28, ;WOO .... " o_ "" o o.,,...., Jl!=iR 48. Prior to issuance of the first grading permit, the applicant shall develop a plan for fire prevention measures to be implemented during project grading and construction. The fire prevention measures shall , be developed in consultation with the Marin County Fire Department and shall be incorporated into the ·grading plan specifications. The fire prevention measures shall include, but not be limited to, the following: a. The applicant shall provide water trucks or other appropriate water sources on site during project construction during times of wildfrre danger, The number, type, and availability of trucks or other water sources necessary shall be determined by the Marin County Fire Department. b. A cellular phone or other communication device shall be located on site and clearly identified at all times during project construction, c. On-site fire response equipment, such as fire extinguishers, water sources, cellular phones or other. communication devices, etc., shall be maintained and clearly marked at each construction area. d. The applicant shall ensure that all construction workers are trained in the use of on-site frre response equipment and worlcplace safety measures. Prior to issuance of the first grading permit, the Marin County Fire Department shall verify approval of the fire prevention measures and compliance with this condition to the CDA - Planning Division. Approved fire prevention measures shall be incorporated into the grading permit conditions of approval. The Marin County Fire Department will conduct periodic site inspections during construction to verify ongoing compliance with this condition, (Master Plan Condition 54, Ordinance 3237) 49. Prior to issuance of the frrst Certificate of Occupancy, the applicant shall provide a "Jaws of Life" rescue tool to be. stationed witli the Marinwood Fire Department. The applicant's responsibility for funding the purchase of the required Jaws of Life rescue tool shall be limited to a maximum of $15,000, The Marinwood Fire Department shall verify compliance with this condition to the CDA - Planning Division prior to issuance of the first Certificate of Occupancy. (Master Plan Condition 58, Ordinance 3237) 50. Prior to issuance of the first building permit, t11e applicant shall be required to offer for dedication trail easements suitable for combined use (i.e., equestrians, hilcers, and mountain bicyclists) for all trails on Grady, Big Rock, McGuire and Lorna Alta Ranches shown on "Exhibit K," approved herein, to the Marin County Open Space District. No trail easements are required to be offered for dedication through that portion of Grady Ranch to be dedicated to the Open Space District, as well as the development area and 187 acre private open space area on Grady Ranch. Ali trails within the land dedicated to the Open Space District shall be designed to minimize views to the development area of Grady Ranch and enhance the open space experience of the trail user, Open Space District vehicles shall be permitted to access the fire roads on Big Rock, Lorna Alta, and McGuire Ranches for patrol and maintenance obligations of the public trails to be dedicated to the District, Except in the case of an emergency, such access shall not traverse lands owned by Lucasfilm. The Open Space District shall verify compliance with this condition io the CDA - Planning Division prior to issuance of the first building permit. (Master Plan Condition 59, Ordinance 3237) 51. Responsible agencies, County staff and/or hired consultants under contract to the County shall verify project compliance with EIR-related conditions of approval (11 through 50) through the reporting checlclist of the approved, Lucasfilm Mitigation Monitoring and Reporting Program. The applicant shall fund any additional County costs incurred from third parties for project compliance verification by registered professionals hired by the County. Funding by the applicant for such project compliance PC Minutes FEBRUARY 28, 2000 Item Nos. 11 A & 11 B, Page #59 ( {' ( \ verification by third-party, registered professionals hired by the County shall not exceed a cumulative total of $125,000. (Master Plan Condition 60, Ordinance 3237) I Marin.County Department of Public Works- Land Use & Water Resources Division 52. The following conditions of approval shall be addressed in the construction plans, documents, and· specifications, as necessary, or be completed or complied with prior to, or in conjunction with, the issuance of a grading permit for a given phase of the pmject: a. Plans shall show geometrical design of roads, driveways, turnarounds, parking areas, drainage I systems, buildings, structures, and other relevant improvements. Plans shall show horizontal and vertical controls necessary for clarity and as may be required for field staking. b. Plans shall show the property line 'or the road right-of-way along Lucas Valley Road fronting the I · prpject site and the existing width of the right-of-way. A right-of-way dedication may be requb:ed to accommodate future traffic needs. I c. Plans shall show typical roadway /driveway dimensions and sections. Two-foot wide shoulders I shall be provided on the sides of the main access road. d, All driveway intersections with the main road shall have a minimum, 20-foot radius curve at the edge of pavement. e_. A minimum, 24-foot deep backing area for the three most westerly parking spaces at the Commons Building shall be provided. f. At least one, van-accessible handicap parking space shall be provided at each building, with exception to the Gatehouse Building. g. Plans shall show the grades and slopes at the turnaround and parking areas. Plans shall conform to all applicable requirements of Marin County Code, Title 24. h. All parking spaces shall be labe)ed to facilitate counting. i. Since the parking structure for the Main Office Building would be underground and next to the reservoir, any remedial measures necessary to prevent or accommodate seepage into the garage area shall be identified. · · j. A maintenance and vehicular access to the spillway shall be provided. A turnaround shall be provided if no "drive-through" convenience is provided. k. The measure taken to prevent scour and dissipate energy of the spillway discharge from the dam shall be indicated. I. Plans shall indicate and show a detail of the bridge between the Main Office Building and the Co=ons Building. m. Bridge design and calculations shall be submitted. n. Plans shall show the 100-year storm water surface elevation and the required freeboard at the hridges. PC Minutes FEBRUARY 28, 2000 •·~~ ~~~ ... 11/\ R. 11R. Paae #60 o. Plans shall show the design and detail of the footbridge across tl1e dam spillway. p. Plans shall show tlle dam spillway crest detail and dimensions. The elevation of the probable maximum flood shall be indicated. q. An upstreau1 slide gate to the low-level outlet pipe shall be provided. r. To witllstand dam overflow occurrences, protection to tlle downstream slope of the dam shall be provided, or an analysis of, and measures to mitigate any potential impact that may likely occur in the case of dam failure, shall be submitted. s. Hydrologic and hydraulic calculations shall be submitted and used for sizing of pipes and "v" ditches. Calculations should be based an saturated conditions, i.e., zero initial time of concentration. t. Slope protection at the discharge points of all storm drainpipes and "v" ditches shall be provided. u. Storm drain system profiles shall be submitted. Pipe sizes, types, slopes, ·etc. shall be indicated. v. For ease of flow and maintenance, culverts with a 15-inch minimum diameter shall be used. w. Label all drainage structures witll a numbering system or some otl1er means of identification that can be related to· tlle hydrologic and hydraulic calculations. x. A culvert shall be installed underneath tlle walkway southerly of tlle Main Office Building tllat conforms to tlle swale. y. The Type "A" maullole northwesterly of tlle Commons Building shall be eliminated, and tlle pipe from the "v" ditch shall be connected directly to the headwall or to tlle iulet located at the corner of tlle first parking stall. z. To the extent determined by tlle applicant's civil engineer, tlle iulet and pipe at tlle Gatehouse Building shall be eliminated. 'This area could be drained directly towards tlle splash pool. This would eliminate tlle need for a juncture structure. aa. The reason for, or the rational of, locating the "v" ditches upslope ratller tllan at the toe of slopes where tlley are likely to intercept most of the runoff witllout the need for additional piping shall be explained. Any geotechnical considerations for locating drainage systems on ·fue hillside shall be· identified. bb. Plans shall show the water tank site, including provisions for maintenance vehicle access and turnaround. cc. Plans shall include the Slope Stabilization Plan, Sheet G-12 of "Exhibit A." All geological hazards tllat may be influenced by tllis development shall be identified. · dd. A detailed Erosion and Sedimentation Control Plan shall be submitted. Best Management Practices recommended by tlle State Regional Water Qual.ity Control Board shall be used. 1f required, the applicant shall submit a copy of the Notice of Intent and Storm Water Pollution Prevention Plan required by tlle State Regional Water Quality Control Board for coverage under the State General Construction Activity Stormwater Permit. PC Mirl'utes FEBRUARY 28, 2000 Item Nos. 11 A & 11 B, Page #61 ' ;" ' i ( ( ,1 ee. Where grading encroaches into the Lucas Valley Road right-of-way, the area between the existing edge of pavement and the property line shall be graded at a 2 percent slope towards the project site. ff. Modeled after the Skywalker Ranch entrance, a deceleration lane for westbound incoming traffic and au acceleration lane fur westbound outgoing traffic shall be provided. The design layout and typical roadway section, including a striping plan, for the project entrance shall be submitted. gg. Plans shall show any easements and open space areas. hh. Plans shall show all culvert locations on the roadway and driveway profiles wherever they cross the roadways and driveways. Marin County Department of Public Works - Traffic Division 53. Prior to issuance of the first building pennit, the applicant shall pay a "fair-share" regional traffic mitigation fee if ·a funding mechanism for regional transportation improvements is established. The applicant would pay the fair-share fee pursuant to the Marin County Congestion Management Plan if the Congestion Management Agency adopts a fee program prior to issuance of the first building permit. The amount of the applicant's fair-share fee would be determined at that time by the DPW- Traffic Division, in consultation with the Cal trans. Marin County Office of Waste Management 54. Prior to issuance of the first building permit, the applicant shall complete and file a Hazardous Materials Disclosure Fonn pursuant to Chapter 7.90 of Marin County Code. The Disclosure Fonn shall be reviewed and certified by the Office of Waste Management. If the project is certified as a regulated business, the applicant shall prepare and submit for review and approval by the Office of Waste Management a Business Plan prior to issuance of a Certificate of Occupancy for a given phase of the project. The Business Plan shall address emergencies and contingencies for accidental spills of hazardous materials and include a hazardous material inventory and location map, detailed floor plans of the buildings, labeling and identification procedures, employee training measures for immediate response, and coordination with local emergency service providers. The Business Plan shall be annually updated and monitored by the Office of Waste Management. Marin County Community Development Agency - Environmental Health Services Division 55. Prior to issti.ance of the first building permit, the applicant shall obtain final plan approval to construct the septic system. The final plan shall meet the following requirements: a. To the extent practicable, the final layout of the pumping mains shall be routed for continuous rise to miulmize airlocks and sedimentation of the pipes. The possibility of airlocks shall be mitigated through the use of air release valves, which will be incorporated into the system design. Careful attention shall be given to the piping trench backfill class on steep slopes to stabilize any potential erosion of the trench. b. The Main Office Building flow projectiops, as submitted, appear to based solely on toilet, lavatory, and janitorial use by the occupants. This submittal assumes that no shower facilities will be in this building. If such facilities are desired, this shall be stated in the design plan. PC Minutes FEBRUARY 28, 2000 lt~m Nos. 11 A & 11 B, Page lt62 a. Access roads and driveways shall meet Marin County Code, Title 24 standards and California Code of Regulations, Title 14, Sections 1270 and 1276. Roads and driveways shall meet ininimum widths, slope, surface, and turnarounds. Exceptions may be approved by the Fire Department. b. Fire Department approval for gates on the access road and driveways is required. Gates must allow an unobstructed opening of 12 feet when open. If the gate is locked in any fashion, a Fire Department Knox rapid entry system is mandatory. Exceptions may be approved by the Fire Department. c. Defensible space and a frre apparatus clear zone are required along access roads and driveways. Vegetation shall be cleared to a minimum of 15 feet vertically' and 10 feet horizontally. d. Vegetation management below the main road is required to prevent wildfire encroachment on the road. The distance from the road and extent of modification wlll be determined by percent slope and fuel type.' The primary area of concern is the road above the Gatehouse Building where it runs through the bottom of a drainage. e. A parking enforcement plan shall be developed. The plan will address how "No Parking Areas" will be enforced and at what point violators will be towed. Key access areas snail be identified and a zero tolerance policy shall be enforced. f. Access around individual buildings shall be determined when construction drawings are reviewed. g. The street address numbers shall be a minimum height of 4 inches with a minimum stroke of 3/8 inches on a sharply contrasting background posted at Lucas Valley Road. h. Approved siguage shall be displayed to identify each building. i. Intersections shall be clearly marked with signs identif'ying building access points. j. The defensible space zones shall be determined for each building during future site visits. The defensible space shall be in place prior to framing. Aunual maintenance shall be required. k. Trees shall not be planted in a location so that they will, when mature, contact overhead power lines. 1. During the fire season, firewood shall be stored inside a fully enclosed structure, or stored a minimum of 30 feet away from any building. m. All chimney openings shall have an approved spark-arresting screen with openings of not more than 1/2-inch. n. Final specifications for the fire protection water system shall be approved prior to construction. A plan for the water system shall be submitted for review and approval by the Fire Department and shall include: the lot layout depicting the water tank, pipe, and hydrant locations; pumps and back up systems; elevation contours; the list of materials to be used with specifications; projected flow in gallons per minute at each building; and the amount and location of fire suppression water supply. o. A miuimum approved fire water supply shall be in place and tested prior to framing. PC Minutes FEBRUARY 28, 2000 Item Nos. 11A & 11 B, Page /164 ., ( p. Hydrant locations, number, and type shall be determined when actual fire flow data is available. Hydrants shall be a minimum of one 4.5-inch and one 2.5-inch discharge. q. · Liquid Propane Gas tanks shall be installed at least 20 feet from any structure and at least 10 feet from the road and driveways. Larger tanks shall require additional setback. No comhustible materials shall be within 15 feet of any part of an LPG tank. Defensible space shall be maintained. All LPG tank locations shall be approved by the Fire Department. r. Seismic bracing of LJ;'G tanks shall be per Fire Department standards. Automatic earthquake shutoff valves are reconnnended; however, such valves are required when the tank is less than 20 I feet from any structure. · s. Non-combustible (Class A) roofing materials are required. Non-combustible siding materials are I~ strongly reconnnended. t. Approved fire sprinlcler systems are required in all buildings that meet NFPA 13 Standards. l u. Wet standpipes and hose boxes are required in areas with limited or lengthy access for fire crews. I The location and number shall be determined during review of individual building construction plans. v. Approved, monitored fire alarm systems shall be required. I w. Emergency egress lighting shall be required. I x. Facility disaster plan and supplies shall be required. y. The fire safety staff shall have radio compatibility with the Fire Department on the new County · radio system. z. Development of a fire-safe land management plan shall be required. This plan shall be developed in conjunction with the Fire Department Vegetation Management Program and California Fire Plan. This plan shall address fire safety concerns for all of Big Rock Ranch, as well as adjoining lands. This plan may include, but not be limited to: maintaining access roads; identification of environmental or historically sensitive areas; and vegetation control through the use of grazing animals, mechanical modifiCation, chemical control, and use of prescribed fire. aa. The applicant shall be responsible for payment of all costs hJCurred by t!J.e Fire Department for fire safety system plan checking. bb. Complete construction plans shall be submitted for each structure. Marin Municipal Water District 61. Prior to issuance of the first grading permit, the applicant shall eriter into a Watershed Protection Agreement with the Marin Municipal Water District ("MMWD"). Such agreement shall recognize MMWD 's senior water rights. PC Minutes FEBRUARY 28, 2000 State Department of Water Resources, Division of Safety of Dams 62. A constmction application for fue dam, togefuer wifu plans and specifications, shall be filed with, and 'lPProved by, the State Department of Water Resources, Division of Safety of Dams, prior to the start of dam construction. All issues related to dam safety must be resolved prior to approval of fue application. All work must be performed under fue direction of a civil engineer registered in fue State of California. PC Minutes FEBRUARY 28, 2000 Item Nos. 11 A & 11 8, Page #66 SUB MI T FOR MASTER PLAN AMENDMENT G LAZIER LE OCTOBER 09, 2015 A RCIII l[ C l S RECEIVED MAR 2 3 2016 COUNTY OF MARIN COMMUNITY DEVEI.OPMENT AGENCY PLANNING DIVISI ON REMODELED AREA SUMMARY ExtstinG I I ~"ummary Change Of Activity NSF Percent of Existing Garage 132,088 0 0.00% Main Office Building First Floor 67,601 29,293 43.33% Main Office Building Second Floor 55,070 41,679 75.68% Mezzanine 1,242 1,242 100.00% Commons 19,102 0 0.00% Fitness 10,018 4,342 43.34% Archive 31,379 0 0.00% Gate House 260 0 0.00% Total 316,760 76,556 24.17% I I I I I \ \ \ \ \ \ -- -- I \ \ I \ \ I \ I \ -- I -- \ \ \ \ / -- '\ / -- '\ -- / -- \ / -- -- '\ \ \ -- -- \ \ -- -- \ ( BIG ROCK REMODEL SITE PLAN GL AZ I E R LE architects . CA I 1 www.bararch.com 90BAR1 Ba 11 ery S treeL Suite 300 I San franc•sco. 94 111 41 5 293 5700 .l P. C 1i 1 r £ C I S 15018 10.09.2015 I 0 25 50 100 200 (S) A1.01 Employee Entry ..-f - Add iti onal Restrooms Security !614•1 _,.,.,., "'' Nt~ ~ ~~ ~ I i A-WING -----,;]icHITECTURE REMAINS SUBSTANTIALLYAS IS. BUT REPURPOSEO 10 ACCOMMODATENEW AR T GALLERY AND BANQUET ROOM TO TAK E ADVANTAGE OF THE PUBLIC NATURE OFTHE FIRST FLOOR . EXISTING OFFlCE AEPUAPOSEO AS IS FOR BACK OF HOU SE OFFICES . C-WING - -C-ONVERT OFFICES TO CLIENT ACCOMMODATIONS. REMOVE RAISED FLOOR AT CLIENT ACCOMMDDA TIONS. PROVIDE NEW GAME ROOM LOUNGE NEXT TO EXISTING SCREEN ROOM . LEGEND -CLIENT ACCOMMODATIONS -CIRCULATION -SUPPORT -PUBLIC - MEETING & BANQUET B-WING -RETAIL & GALLERY --REMAINS SUBSTANTIALLY AS IS . INCLUDING FURNITURE. RECEPTION DESK . ETC . REMODEL SERVERY FOR ENTRY POWDER ROOMS AND SERVICE PANTRY . -BACK OF HOUSE REMODELSOUTH EXECUTIVE OFFICE SUITE FOR NEW CLIENT ACCOMMODATIONS OFF COMMON LOBBY LOUNGE WITH EXISTING FIREPLACE -OPEN OFFICE AREA TO REMAIN. RAISED FLOOR SYSTEM TO REMAIN . EXISTING OFFICE S REPURPOSED AS IS FOR FRONT OFFICES AND ADDITIONAL OFFICES. APPROXIMATELY 68,297 GSF BIG ROCK REMODEL FIRST FLOOR PLAN GLAZIER LE BAR architects 90lllat!Of'( Sr n;ul, Sui w300 I San frorn: isco. CA 941 11 141 5 293 5700 I 1'1\'.W barorch com • RtH II£ CTS 15018 10.09.2015 0 8 16 32 64 A2.01 l_l !174' '· ~ 'I " t;? " o" ] . .o .. :ll: n~ ~~ r ~:: : o.. ~ II" I! be low Added II 8 0 II II I .... o .. o .. o .. o .. o .. 9 1------J LOFT I MEZZAN INE MAINTAIN SINGLE SUITE TO AVOID ADD ING FLOOR AREA. APPROXIMATELY 1,291 GSF I I' I l 6 I l ·I , ' I ~~------,., II II A-WING I I ------a?TIMIZEO FDA CLIE NT II ACCOMMODATION S. ,------~~ : r- --- ~·1 II AEOUIAES ELIMINATING RAI SED .~ FLOOR . 33 ~"~~~~~~~ .. : I I Existing : 1 Pantry 1 C·WING '5¥-,...,.;J- tt-- ---OPTIMIZED FOR CLIENT ACCOMMODATIONS . REQUIRED ELIMINATING RAISED FLOOR . LEGEND I I -CLIENT ACCOMMODATIONS I,,. -, I ·CIRCULATION ·SUPPORT I 21- _ ~ =1~~ r~ _~-- @ ·PUBLIC & HOSPITALITY STATIONS 20 • -~- !1 40 'I ~:'-~-- ~-- ~-- ~---~"~--d--~-- ~-- ~- ~~--~. ~ i_~~. ~.n~~~~1~~~~ •.. - . - '+ ' -"I · MEETING & BANOUET '--~- ~8. Et8 .8ill. ...__ CJ:1 ·· ., l. .r::.a.aaaKL !J:• ~- . · RETAIL & GALLERY ;n------~~: ~~~~ ----~ t 'I l1 - BACK OF HOUSE :S-cJ._~_'~~'_""~-_IE~~-~:;;:::lll:__==l _ ~_~_ ~.: _ ~ SWING ------'-' - -- ~AINTAIN MAIN CORR IDOR AND JOHN MUIR MEETING ROOM AS IS. WITH ADD ITION OF SMALL PRE-FUNCTION AND NEW MEETING SPACES. CEO OFFICE TO BE MAINTAINED AS GRANO SUITE WITH MINIMAL REMODEL TO ACCOMMODATE CLIENTS. REMAINDER OF SWING TO BE REMODELED FOR CLIENT ACCOMMODATION OPTIMIZING VIEWS AND QUIETNESS OF SECOND FLOOR . REQUIRES ELIMINATING RAISED FLOORS AT NEW CLIENT ACCOMMODATION . APPROXIMATELY 56,004 GSF BIG ROCK REMODEL SECOND AND THIRD FLOOR PLAN GLAZIER LE BAR architects 901 s.ucry Slrco l, Svilo 300 I S•n fra nt isco. CA 941 I I I 41 5 293 5700 I I'I'MV.baraoch com A R C fl I r [ C 1 S 15018 10.092015 0 8 16 32 64 A2.02 Lounge ------·n--- 3-'&:Ll 3 Treatment Rooms ------+ IH S11 g1 1 Circulation ------~IF-;,---I- 311o,"' -ll-~ 1--i-11--+'---- Thea ter '"""' Women's Area ------"---+'I!--.,:-:--+-=- . , .OJ!":IJ3:t Men's Area ------71!'- ' ·~4 1 IE) Exterior Serv ice Yard - -li-- -- 2.J7&)\t Storage ------:-'It- IE) Exit Stair 'from""' ------ir"-~ Garage Kitche n ------7--""t-.,==-- ?81>"' Lobby ----~~-." 1~ New Fireplace ------"--#-----...!...--t'l st?~ 0 Ill Ill Ill Exi sting Fitnes s --+--1'""'=--.,.._,'--! ~ ' 2,13 1();'1 1 Ma1n - -I---Dining I Lounge Otnlllg 1,410gsl ) ~ 0 Ill Ill Ill lii'""O LEGEND - LOCKER ROOMS -CIRCULATION -SPA - PUBLIC COMMONS I DINING BUI~,~ ~ -~~ C) SPA/ FITNESS BUI~,~ - ~ -~~. C) - MEETING & DINING -RETAIL & GALLERY - BACK OF HOUSE - FITNESS BIG ROCK REMODEL COMMONS & SPA FLOOR PLANS GLAZ I ER LE BAR architects 9()1 B.Jncry Su-ec!, Suilc 3001 San francisco. CA 94 11 1 141 5 293 5700 1I 'IIW I b r,---_-_-_-_-_-_-_-_-,, Change of Activity 1st Floor 11 11 11 11 II 29,293 SF b:J 11 11 11 43.33o/o 11 11 Office to Banquet 11 Office to Client Accommodations r-----,---~-,------, Office To Retail Office To Gallery rr--=-=-=--=-- 11 II II II II II II II II iL;J II II II ~~~~~~~~~~~ ~-=--=--=--=--=--=--=--=- 11 II LL_-_-_-_-_-_-_-_..J_j First Floor 1!1 1!1 Scale: 1" =40' Big Rock Ranch -Main Office Bui lding 2nd Floor Change of Activity 2nd Floor 41,679 SF 75.68% Mezzanine Change of Activity 92'-4' 1,242 SF ••!i;il , , ~ ··llJ•• !i;jj ,, lld·· :I 100°/o ··l!:ll .. (!;] •• c .. l!:ll .. !!;l·· lj ' ~ - -- -All Locations Office to Client Accommodation I II ------II 11 WA I &W///h:%111 11 ~~=~II ,~ •• r1 -~~~~~~~~~~~~~~~~-~~-~ II I I II I II II II I l!:::o=== . ===::!J I II • • II Second Floor l b======JJ I I Scale: 1"=40' L ------L ------Office to Meeting Space Commons Fitness No Change Change of Activity 4,342 SF 43.34% IF======n II II ~~~~~ ] I II 11 11 [I II 11 II =n=n=n~ l.L-.=-.=-.=-.=- II II II r@l II II II U =:b =:b =:b ==k ~ Scale: 1"=40' Archive No Change Gate House No Change Scale: 1"=40' -----40'10'