MARIN COUNTY
COMMUNITY DEVELOPMENT AGENCY

Mark J. Riesenfeld, AICP, Director

Questions or suggestions...

SUMMARY PROJECT DESCRIPTION:

The proposed project is a Walgreens pharmacy-retail building and associated site improvements for the store, including a drive-through pharmacy window, 61 on-site parking spaces, a screened loading area, and landscaping. The project site is proposed to be enlarged through lot line adjustment to 57,980 square feet in size, and all existing buildings on the adjusted site would be demolished. The proposed, 13,803 square foot building would attain a maximum height of 30 feet from finished grade to the top of an entry tower and 24.5 feet to the roof ridge. It would be located at least 52 feet from the front property line to the east (Shoreline Highway), 42 feet from the side property line to the north, 64 feet from the rear property line to the west, and 80 feet from the side property line to the south. The store is proposed to operate 24 hours every day.

GENERAL INFORMATION:

ENVIRONMENTAL SETTING:

The project site is located in the primarily commercial area of Tamalpais Valley known as Tam Junction where Shoreline Highway meets Almonte Boulevard. Generally, this area is bounded by Bothin Marsh to the east, Coyote Canal to the south, the Kay Park residential neighborhood to the west, and the Almonte neighborhood to the north. This area consists of former bay marshlands filled for development.

The project site, which is located on the western side of Shoreline Highway between the Bertolli building and the Video Droid building, is identified currently as Assessor’s Parcels 052-051-08 (owned by Janet Back) and a portion of 052-051-10, 052-051-20, 052-051-21, and a portion of 052-061-16 (owned by Parish et al.). The site is developed currently with a dirt and gravel parking lot to the south used occasionally for seasonal holiday sales and with two mixed-use buildings to the north containing approximately 10,800 square feet of total floor area. One building, which is located solely on the Back property, is approximately 9,300 square feet in size and contains the Shoreline Audio business, an automotive repair shop, a music school, and a chimney cleaning business. This building was occupied recently also by the C & C Fruit and Nut business. The other building, which is located on the Parish et al. property behind the building on the Back property, is approximately 1,500 square feet in size and provides storage space for a newspaper.

The subject, 1.33-acre project site is an almost square, level site with relatively consistent elevations between 3 and 5 feet National Geodetic Vertical Datum ("NGVD"), approximately the same elevations of transition areas adjacent to the site. An open, man-made drainage ditch courses through the middle of the site that conveys stormwater runoff in an easterly direction from adjacent parking areas and development to a drop inlet of a 48-inch reinforced concrete public storm drain pipe located along the site’s Shoreline Highway frontage. This ditch is approximately 5 feet in width, 2 to 3 feet in depth, and 365 feet in length. Soils of the site consist of up to 10 feet of fill placed in the late 1940’s over approximately 45 to 55 feet of compressible bay mud. The site is not landscaped. Only sparse vegetation, mostly exotic grasses and some patches of wetland species in the drainage ditch, exist on site.

A variety of driveways provide access from Shoreline Highway and Flamingo Road to the project site and the adjacent commercial development, collectively known as the Shoreline Shopping Center. The Shoreline Shopping Center property, which is owned by Parish et al., includes but is not limited to the Chevron gas station, Bell Market, a dental office, the Shoreline Coffee Shop, the Mill Valley Nursery, and Video Droid. The driveways are located immediately south and north of the site off Shoreline Highway at Video Droid and the Bertolli building, and north and west of the site off Shoreline Highway and Flamingo Road at Bell Market.

PROJECT DESCRIPTION:

The proposed project is a Walgreens pharmacy-retail building and associated site improvements for the store, including a drive-through pharmacy window, 61 on-site parking spaces, a screened loading area, and landscaping.

The 1.33-acre project site is proposed to be established through a lot line adjustment between the lands of Back and the lands of Parish et al. (see Attachment 5). Essentially, the Back property is proposed to be reconfigured and enlarged from 0.57 acres to 1.33 acres in size (+0.76 acres), while the Parish et al. property would be reduced from 6.16 acres to 5.40 acres in size (-0.76 acres). The two existing mixed-use buildings on the adjusted site would be demolished to make way for the proposed building.

The proposed, one-story building would contain a total of 13,803 square feet of floor area for general retail sales, a pharmacy, one-hour photo, stock room, freezer, cooler, restrooms, an office, and an employee room. The floor area ratio ("FAR") would not exceed 23.8 percent. The building would attain a maximum height of 30 feet from finished grade to the top of an entry tower and 24.5 feet to the roof ridge. The finished floor elevation would be 8 feet NGVD, while the top of the entry tower would be 38 feet NGVD and the roof ridge would be 32.5 feet NGVD. The building would be located 52 feet from the front property line to the east (Shoreline Highway), 42 feet from the side property line to the north, 64 feet from the rear property line to the west, and 80 feet from the side property line to the south.

Sixty-one surface parking spaces are proposed along the western, southern, and eastern sides of the building, including three handicapped spaces at the entrance, while a drive-through pharmacy window is proposed on the northern side of the building. Two-way driveway aisles would provide circulation around the building, and a one-way driveway would provide access to the drive-through pharmacy window. A loading bay for delivery vehicles is proposed at the western rear of the building.

The store is proposed to operate 24 hours every day and would be staffed by 8 to 10 employees per shift, with a total staff of 30 employees. The store would have one general product delivery per week, which generally would occur between the hours of 8 a.m. to 11 a.m., and would be accomplished with a 55- to 65-foot long tractor-trailer truck. Additional deliveries from separate vendors and delivery services would occur up to 15 times during the business day by way of smaller step-down vans (up to 18 feet in length) and delivery trucks (up to 35 feet in length).

Grading, Drainage, and Utilities

Site grading would require approximately 3,200 cubic yards of imported fill to raise proposed driveway, parking, and loading area elevations between 0 and 5 feet higher than existing grades in an effort to meet minimum flood elevation regulations (see Attachment 7). Proposed elevations of these areas would range from 4 to 8 feet NGVD with the majority of the parking areas at 7 feet NGVD and transition areas and driveways to adjacent properties lowering to 4 feet NGVD. The proposed building would be supported on piles (no fill) at an elevation of 8 feet NGVD. Site drainage would be collected in catch basins and valley gutters in the driveway and parking areas and conveyed by new 8- and 12-inch storm drains to the existing public storm drain pipe located along the site’s Shoreline Highway frontage. A new sanitary sewer lateral line would connect to a 6-inch private lateral line located along the western rear property line that serves the Shoreline Shopping Center. All other utilities lines proposed (water, gas, electricity, phone, etc.) would connect to existing public service lines in the Shoreline Highway right-of-way, including a 24-inch water main, a 16-inch gas main, and the overhead power poles along the site’s frontage. All new utility connections would be placed underground; however, the overhead power poles along the site’s frontage would remain. A proposed trash enclosure and loading bay would be located at the western rear of the building behind a 9-foot high, split-face concrete sound wall. Mechanical equipment, such as air cooling systems, would be located on the roof of the building behind and below a mansard roof ridge.

Building Design

The building design for the proposed project incorporates significant design elements of the California Craftsman architecture (see Attachments 11 and 12). The design features two covered pedestrian arcades with permanent landscape planters along the eastern front and southern side of the building, square tapered columns, exposed rafters, decorative corbels, horizontal wood siding, lightweight concrete shake roofing, river rock stone base accents, a sloped mansard roof on all four sides of the building, and an entry tower at the southeastern corner of the building. A subordinate portico roof would be located at the drive-through pharmacy window. Primary colors would be various earth-tone shades, including a light beige color for the siding, a medium brown color for the roofing, a darker red-brown color for the trim, and a light brown color for the stone accents and split-face concrete block walls. A landscaped, decorative trellis and textured concrete walkway would connect the building entry to a proposed sidewalk along Shoreline Highway.

Signs

Building identification signs would be placed on the eastern front and southern side of the entry tower and the eastern side of the drive-through pharmacy window portico. All signs would consist of solid red metal letters back-lit with neon light tubes to create a light wash around the letters. The two largest "Walgreens" signs located on the entry tower would measure 2.9 feet high by 20.7 feet long (approximately 60 square feet each). Total project sign area, also including a proposed 1-foot high by 8-foot long "Pharmacy" sign on the eastern side of the entry tower and an 8-inch high by 12.5-foot long "Drive Thru Pharmacy" sign on the eastern side of the drive-through pharmacy portico, would not exceed 137 square feet.

Landscape Design

The landscape design is intended to complement the architecture of the proposed building and to minimize visual impacts of the surrounding circulation and parking areas (see Attachment 8). A total of 48 trees are proposed, including 19 Yarwood Plane, 12 Aristocrat Pear, 11 Scarlet Oak, and 6 Flowering Crabapple trees. A variety of shrubs, ground covers, and vines are proposed also. Planter areas would be located at the perimeter of the site, adjacent to the building, at the ends of parking rows, and in between parking spaces. Planter boxes would be located in between columns of the pedestrian arcades on the eastern front and southern side of the building. Latticework for vines and espaliers would be provided on the loading bay’s 9-foot high sound wall at the western rear of the building. A 4-foot wide pedestrian sidewalk is proposed on site along the Shoreline Highway frontage. Shoreline Highway and the proposed sidewalk would be separated from circulation and parking areas by a 4-foot high, split-face concrete screen wall located behind a landscaped berm. Ten 20-foot high light standards would be provided for nighttime safety and security within the circulation and parking areas.

PUBLIC NOTICE:

The Community Development Agency has provided public notice identifying the applicant, describing the project and its location, and giving the hearing dates in accordance with California Government Code requirements. This notice has been mailed to the project mailing list, responsible agencies, and all property owners within 300 feet of the project site.

Environmental Review:

Pursuant to requirements of the California Environmental Quality Act ("CEQA"), an Initial Study has been prepared and the Environmental Coordinator is recommending adoption of a Negative Declaration of Environmental Impact (see Attachment 13). The Negative Declaration has been noticed and circulated for review and comment by responsible agencies and the public pursuant to CEQA requirements. The Negative Declaration identifies potentially significant impacts in six environmental categories, including geophysical, water, air quality, transportation and circulation, biological resources, and noise impacts. The Negative Declaration also recommends the implementation of feasible mitigation measures to avoid or reduce each of the identified impacts to a less-than-significant level. All mitigation measures have been incorporated into the recommended conditions of project approval.

Specifically, the Negative Declaration discusses and identifies feasible mitigation measures for potentially significant: (1) settlement impacts and seismic ground shaking hazards; (2) water erosion impacts and attendant siltation problems during site grading; (3) petroleum-based water quality impacts during and after construction; (4) construction-related dust and vehicular emission impacts; (5) traffic impacts; (6) wetland habitat impacts; and (7) noise impacts caused by construction activities, delivery truck traffic, loading dock activities, and nighttime operation of roof-top mechanical equipment. These impacts and the recommended mitigation measures are discussed in detail in the Negative Declaration and summarized below.

Settlement Impacts and Seismic Ground Shaking Hazards

Based on a variety of geotechnical studies for the project site, the Initial Study found that the project could expose people and property to potentially significant settlement and seismic ground shaking hazards, unless the project is designed and engineered properly to account for such hazards.

Settlement Impacts. The project site and surrounding areas are experiencing ongoing subsidence, or settlement, due to the weight of the existing fill on top of compressible bay mud. It is anticipated that the site will settle another 0.4 feet over the next 50 years without additional fill. Site grading would require approximately 3,200 cubic yards of imported fill to raise proposed driveway, parking, and loading area elevations in an effort to meet minimum flood elevation regulations. Additional settlement would occur from the weight of this new fill placed on site. With additional project fill, the amount of ultimate settlement could range between 1 and 2.5 feet in driveway and parking areas, depending on the type and amount of fill used. On the other hand, the proposed building would not settle because it would be supported on piles (no fill), as recommended by the geotechnical studies. Since the proposed building would not settle, but the remaining site would settle between 1 to 2.5 feet with project fill, provisions would have to be made to account for future differences in elevation between the building and the remaining site. Increased settlement on site could also increase settlement rates in areas immediately adjacent to the fill. This could result in a potentially significant impact to the adjacent properties to the north (Wu and Bertolli) unless mitigated.

Seismic Ground Shaking Hazards. The site could experience strong ground shaking during a seismic event due to the underlying bay mud soils. Because the underlying bay mud would amplify ground-shaking motions during a seismic event, the building would be subjected to larger lateral and vertical motions at the ground surface. Secondary seismic effects, such as liquefaction and ground rupture, are not anticipated. Bay mud is not a soil type that is subject to liquefaction and subsurface exploration has not revealed soils prone to liquefaction. There are no known faults on, or in close proximity to, the site that could cause ground rupture.

To ensure that the project is designed and engineered properly to account for potentially significant site settlement and seismic hazards and to ensure that such hazards are reduced to a less-than-significant level, the Initial Study identifies a feasible mitigation measure that requires submittal of a final, detailed geotechnical investigation prepared by a Registered Civil Engineer with soils engineering expertise or a Registered Geotechnical Engineer before completion of the final building design. The geotechnical investigation would include additional subsurface exploration, an update to previous estimates of site settlement, and specific recommendations for: (1) site grading to account for future differences in elevation between the building and the remaining site as a result of site settlement, as well as to account for a potential increase to settlement rates on properties immediately adjacent to, and north of, the site; and (2) settlement and seismic design criteria and values for the foundation system. This mitigation measure has been incorporated into recommended Condition of Approval 10.

Erosion Impacts During Site Grading

The proposed project could result in potentially significant wind or water erosion impacts and attendant siltation problems during site grading. Site grading for the proposed project would require approximately 3,200 cubic yards of imported fill to raise proposed driveway, parking, and loading area elevations in an effort to meet minimum flood elevation regulations. Soils could erode and wash into private storm drain systems adjacent to the site or the public storm drain pipe located in Shoreline Highway, causing siltation in these drainages and in Coyote Canal, into which they drain. To ensure that water erosion impacts and attendant siltation problems are reduced to less-than-significant levels during construction, the Initial Study identifies a feasible mitigation measure requiring the submittal of an Erosion Control Plan that complies with construction guidelines of the Marin County Stormwater Pollution Prevention Program, which may include but are not limited to: siltation fencing, hay bales, and other drainage erosion control measures; stabilization of graded soils; hydroseeding; protection of graded soils from precipitation and runoff; and limiting construction equipment access. This mitigation measure has been incorporated into recommended Condition of Approval 11.

Petroleum-based Water Quality Impacts During and After Construction

The proposed project could result in discharge of pollutants into surface or ground waters and alter water quality by grading activities during construction and by introducing impervious surfaces after construction that could trap and convey such pollutants as gasoline and oil traces into local storm drains. Eroded soils and petroleum-based pollutants could wash into private storm drain systems adjacent to the site or the public storm drain pipe located in Shoreline Highway, causing siltation, turbidity, and water quality impacts in these drainages and in Coyote Canal, into which they drain. To ensure that potentially significant petroleum-based water quality problems are reduced to less-than-significant levels during and after construction, the Initial Study identifies a feasible mitigation measure requiring the submittal of a Stormwater Pollution Prevention Plan, a component of an Erosion Control Plan, which complies with the Marin County Stormwater Pollution Prevention Program. Such a plan provides both interim (during construction) and long-term (post construction) stormwater pollution control. Best Management Practices would be incorporated into the long-term site management program to ensure the removal of non-point source pollutants in stormwater runoff. At a minimum, drainage system filtering devices or traps would be installed to protect nearby water resources from discharges of petroleum-based pollutants collected on impervious parking surfaces. A long-term maintenance program for the regular maintenance, sweeping, and cleaning of parking areas and the drainage system would be developed. This mitigation measure has been incorporated into recommended Condition of Approval 12.

Construction-related Dust and Vehicular Emission Impacts

The construction process typically results in the short-term introduction of fugitive dust and motor vehicle emissions from construction equipment into the local air shed. Dust is generated during site grading, vehicular movement over disturbed areas, and wind erosion, while vehicular emissions are generated during operation of construction equipment using fossil fuels. Though short-term in nature, the Initial Study concluded that these impacts could be considered potentially significant unless mitigated. To ensure that these construction-related dust and vehicular emission impacts are reduced to less-than-significant levels, the Initial Study identifies several feasible mitigation measures, including but not limited to: watering graded areas at least twice daily and more often during windy periods; covering or applying non-toxic soil stabilizers to graded areas; covering trucks transporting excavated materials; limiting construction vehicle speeds to 15 miles per hour or less in graded areas; suspending grading activities that cause visible dust plumes; installing required emission control devices in all construction equipment using fossil fuel; and turning off all construction equipment not in use. These mitigation measures have been incorporated into recommended Condition of Approval 13.

Traffic Impacts

Both the Countywide Plan and Community Plan measure and evaluate traffic congestion conditions of the roadway network by using intersection level of service ("LOS") analysis. The LOS analysis describes the operational efficiency of an intersection by comparing the volume of critical traffic movements to intersection capacity and determining average delays. LOS can range from "A," representing free-flowing conditions, to "F," representing very severe congestion and intersection breakdown. Both the Countywide Plan and Community Plan adopt LOS D or better during PM peak-hour conditions as the acceptable LOS for all intersections within the plan area. New development is required to contribute to achieving the LOS D goal by implementing traffic mitigation measures, such as construction of necessary physical improvements and/or payment of fair share fees for the costs of providing such improvements.

Based on traffic study for the project, the Initial Study found that the project would increase vehicle trips and traffic congestion in the local roadway network, which could deteriorate existing levels of service on some affected roadways below acceptable County standards. This would be a significant impact unless certain traffic mitigation measures, such as construction of necessary physical improvements and/or payment of fair share fees for the costs of providing such improvements, are implemented. In summary, the traffic analysis provides the following conclusions on potentially significant traffic impacts, as reviewed and determined by the Marin County Department of Public Works:

1. Without the project, three major intersections along Shoreline Highway in the project area currently experience unacceptable operating and delay for drivers during weekday and Saturday PM peak-hour conditions. These locations are the all-way stop Manzanita intersection and the Tennessee Valley Road and Flamingo Road unsignalized intersections where movements on the stop sign controlled side street approaches experience unacceptable delay. However, project traffic would have a negligible effect on the LOS operation of the Manzanita and Tennessee Valley Road intersections because the project would not contribute measurably to overall traffic volumes at these intersections and the project would not add trips to failing left turn movements. Further, the Manzanita intersection is scheduled for signalization and reconstruction by Caltrans within the next two years and should operate acceptably after improvements. On the other hand, vehicle delays at the Flamingo Road intersection would further deteriorate due to substantial contributions of project trips to the failing (LOS F) outbound left-turn movement during both weekday and Saturday PM peak traffic hours. This is a potentially significant impact unless specific intersection improvements called for by the Community Plan are provided as mitigation, including a traffic signal and left-turn lanes on the Shoreline Highway approaches.
   
   
2. Weekday and Saturday PM peak-hour traffic volumes now exceed traffic signal warrant criteria levels at the Manzanita, Tennessee Valley Road, and Flamingo Road intersections. As discussed above, the Manzanita intersection is scheduled for signalization and reconstruction by Caltrans within the next two years, and the project would not contribute measurably to overall traffic volumes and signal warrants at the Tennessee Valley Road intersection. The project sponsor is offering to construct a signal at the Tennessee Valley Road intersection as project traffic mitigation; however, this mitigation is neither required by project impacts nor called for by policies of the Community Plan. Policies of the Community only call for safety improvements and extending the left-turn lane on Shoreline Highway at this intersection. Regarding the Flamingo Road intersection, traffic volumes at this intersection, as discussed above, would be increased significantly by the project, resulting in a significant increase above current traffic signal warrant criteria levels at this intersection. Again, this is a potentially significant impact unless specific intersection improvements called for by the Community Plan are provided as mitigation, including a traffic signal and left-turn lanes on the Shoreline Highway approaches.
   
   
3. Due to an identified traffic hazard related to left turns by northbound Shoreline Highway traffic into the existing Shoreline Shopping Center driveway just north of the Coyote Canal bridge, the project proposes modifying this southern driveway into a right-turn in/right-turn out only driveway. This southern driveway would function acceptably with right-turn in and outbound movements only; however, a specific design has not been approved by Caltrans at this time and, beyond signage and striping, there is a concern as to what the most effective design would be to preclude left turns, particularly from Shoreline Highway. Without raised channelization of lanes in this area, it is probable that left turns would continue to be made at this southern driveway. This is a potentially significant impact unless mitigated.
   
   
4. A second, northern driveway would be provided between the proposed building and the Bertolli building that would allow both left- and right-turn in and outbound movements. This would be the main driveway to the project site, and it would provide access also to the Bertolli and Wu properties and the Shoreline Shopping Center. All left turns by northbound Shoreline Highway traffic into the existing Shoreline Shopping Center driveway just north of the Coyote Canal bridge would be transferred to this northern driveway; however, inbound left turns at this location would function acceptably. Right-turn in and outbound movements at this driveway would function acceptably; however, outbound left turns would be expected to experience extended delays during peak traffic periods. This is a potentially significant impact unless mitigated.
   
   
5. Under cumulative development conditions, the signalized Almonte Boulevard intersection LOS would deteriorate from LOS C to F. This is a potentially significant impact unless specific intersection improvements called for by the Community Plan are provided as mitigation, including a second left-turn lane on the northbound approach of Shoreline Highway, a second westbound departure lane on Shoreline Highway, and a second right-turn lane on the eastbound approach of Shoreline Highway.
   
   
6. Under cumulative development conditions, the segment of Shoreline Highway between Coyote Canal bridge and the Manzanita intersection would operate at unacceptable levels. Though the project’s contribution to the overall traffic volume is minor on this segment, this is a potentially significant impact unless specific roadway improvements called for by the Community Plan are provided as mitigation, including a second southbound through lane.

To ensure that the identified, potentially significant traffic impacts are reduced to less-than-significant levels, the Initial Study identifies several feasible mitigation measures, including but not limited to: signalizing the Flamingo Road/Shoreline Highway intersection; providing raised channelization and signing to prohibit direct left-turn inbound or left-turn outbound movements at the southern right-turn in/right-turn out driveway, providing directional signs in the project parking lot and on the approaches to the northern driveway that indicate the availability of other driveway connections to Shoreline Highway; and payment of fair-share traffic mitigation fees for necessary cumulative improvements to the Almonte Boulevard intersection and to the segment of Shoreline Highway between Coyote Canal bridge and the Manzanita intersection. These mitigation measures have been incorporated into recommended Conditions of Approval 14 through 18.

Wetland Habitat Impacts

Though the project site contains negligible habitat value, the proposed project would result in a substantial change in the local diversity and number of wetland plant species present in the drainage ditch on the project site. The open, man-made drainage ditch that courses through the site contains some scattered patches of wetland species, which would be eliminated by project fill. Policies of the Countywide Plan require either avoidance of wetlands or replacement of wetlands at a two-for-one ratio. Avoidance or replacement of wetlands on site is neither feasible nor desirable due to the scope of the project, the size of project site, and the environmental setting of the site. To account for the potentially significant impact of eliminating existing wetlands habitat in the drainage ditch by project fill and to ensure that such impact is reduced to a less-than-significant level, the Initial Study identifies a feasible mitigation measure requiring the project sponsor to fund creation of a minimum, 0.1 acre of replacement wetland habitat at an off-site wetland conservation bank approved by the California Department of Fish and Game. If available, the preferred off-site mitigation area would be located within the Tamalpais Valley community, such as Bothin Marsh. This mitigation measure has been incorporated into recommended Condition of Approval 19.

Noise Impacts During Project Operation

According to standards of the Countywide Plan, some noise sources related to the project would not significantly increase the ambient noise level, including noise from increased traffic and parking lot activities. However, project noise from delivery trucks, loading dock activities, and mechanical equipment could result in potentially significant noise impacts, unless specific design features and mitigation measures are implemented. To account for potentially significant noise impacts caused by delivery truck traffic, loading dock activities, and nighttime operation of roof-top mechanical equipment and to ensure that such impacts are reduced to a less-than-significant level, the Initial Study identifies several feasible mitigation measures, including but not limited to: (1) limiting the hours of all loading dock activities, including truck deliveries, to daytime hours (7:00 a.m. to 6:00 p.m.); and (2) designing all mechanical equipment so that the total noise generated by such equipment does not exceed existing ambient noise conditions, as determined by a qualified acoustical consultant. These mitigation measures have been incorporated into recommended Conditions of Approval 20 and 21.

Noise Impacts During Construction

The proposed project could expose people to potentially significant noise levels during construction activities unless mitigated. Episodic noise events, such as site grading and pile driving, during construction of the proposed project would occur. Construction noise impacts typically are not considered significant because they are temporary and short-term in nature. However, there are noise-sensitive land uses, such as Kay Park residences, nearby the project site that could be significantly impacted by construction noise. To account for potentially significant noise impacts caused by construction activities, including pile driving, and to ensure that such impacts are reduced to a less-than-significant level, the Initial Study identifies several feasible mitigation measures, including but not limited to: maintaining all powered construction equipment in a good operating condition; equipping internal combustion engines with intake and exhaust mufflers; turning off powered construction equipment when not in use; limiting hours of general construction to 7:00 a.m. to 6:00 p.m., Monday through Friday, and 9:00 a.m. to 4:00 p.m. on Saturday; limiting pile driving to the hours of 9:00 a.m. to 4:00 p.m. on weekdays only; and pre-drilling pilot holes for each building pile to reduce the potential number of blows needed to seat each pile. These mitigation measures have been incorporated into recommended Condition of Approval 22.

OTHER PROJECT ISSUES:

In addition to the potentially significant environmental issues summarized in the Environmental Review section above, there are other environmental issues that are less than significant but merit discussion, as well as other project merit issues. These issues, which are summarized below, include flood hazards, visual impact, parking, building orientation, hours of operation, and alcoholic beverage sales.

Flood Hazards

The project site is located in an area that is subject to potential water-related hazards, such as flooding; however, the proposed project would not expose people or property to significant flood hazards.

The project site is an almost level site with relatively consistent elevations between 3 and 5 feet NGVD, approximately the same elevations of transition areas adjacent to the site. Site grading would require approximately 3,200 cubic yards of imported fill to raise proposed driveway, parking, and loading area elevations between 0 and 5 feet higher than existing grades in an effort to meet minimum flood elevation regulations. Proposed elevations would range from 4 to 8 feet NGVD with the majority of the parking areas at 7 feet NGVD and transition areas and driveways to adjacent properties lowering to 4 feet NGVD. The proposed building would be supported on piles (no fill) at an elevation of 8 feet NGVD.

The Federal Insurance Rate Maps prepared by the Federal Emergency Management Agency ("FEMA") indicate that the project site is located in a A1 Flood Zone, which establishes a minimum Base Flood Elevation of 6 feet NGVD for finished floors of structures. Locally, Section 24.04.590 of Marin County Code requires minimum elevations to be 9 feet NGVD for finished floors of structures and 7 feet NGVD for driveways and parking areas. These elevations are ultimate elevations after 100 years of settlement. The proposed building would conform to the Base Flood Elevation standard established by FEMA; however, the building and portions of the driveway and parking transition areas would not comply with local minimum elevation standards as constructed and after ultimate settlement. However, as discussed below, the proposed elevations are acceptable to the Marin County Department of Public Works.

Exceptions to local minimum flood elevations may be considered as part of a Master Plan application pursuant to Chapter 24.15 of Marin County Code when nonconforming design elements, such as the proposed finished floor and transition area elevations, adequately perform their intended function and do not jeopardize the public health, safety, and welfare. According to the Department of Public Works, the proposed elevations are acceptable because: (1) no settlement of the proposed building would occur since it would be set on piles; (2) the majority of driveway and parking areas would be maintained at an elevation 7 feet NGVD; (3) adjacent properties are at elevations between 3 and 5 feet NGVD which necessitates transition grades below 7 feet NGVD; (4) stormwater runoff or floodwaters would not be blocked; (5) the proposed stormwater drainage system would adequately collect site runoff and transport it to the adjacent, public storm drain system; and (6) the public storm drain system has adequate capacity to accommodate the modest increase in runoff resulting from the project and excess storage capacity for any floodwaters.

Though the project site is located in an area subject to potential flooding, the project would not expose people or property to significant flood hazards. Hydraulic modeling for the project area concluded that only in the event of a 100-year storm and/or maximum tidal conditions in combination with a malfunctioning tide gate, malfunctioning of one or both of the public storm drain pump stations that serve the area, a breach in the Coyote Canal levee, or overtopping of the canal levee that the areas below 7 feet NGVD could be subjected to any kind of flooding. While such a series of events is possible, it is not anticipated to be a very frequent event.

Visual Impact

The project would provide a well-landscaped, architectural precedent for the Tam Junction commercial area that would result in a beneficial visual impact. The project, a commercial retail-pharmacy land use, would enhance the attractiveness, character, and identity of the surrounding commercial area. The project design would ensure preservation and enhancement of the unique character of the commercial area and maintenance of the semi-rural character of the overall community. It would maintain a comparable and compatible scale (bulk, mass, and height) and desirable appearance (California Craftsman architecture, colors, and materials) with commercial and residential development within the project area, preserving unique characteristics of the area and integrating with its setting. Further, it would replace two mixed-use buildings on site, which contain approximately 10,800 square feet of total floor area (representing a small increase in existing commercial floor area within Tam Junction), that are neither architecturally significant nor landscaped.

Computer-assisted daytime visual simulations that depict the project from Shoreline Highway, north and south of the project site, and from a residential neighborhood above the site to the southeast have been provided (see Attachment 12). One nighttime visual simulation of the project from Shoreline Highway south of the site, as well as a photometric study of proposed building lighting, also has been provided. The daytime visual simulations clearly demonstrate that the project would not result in an abrupt transition in land use and would result in a beneficial visual impact to the Tam Junction commercial area. Further, the nighttime visual simulation and photometric study adequately demonstrate that the project would not result in significant glare or light wash impacts onto adjacent commercial property or nearby residential areas.

Parking

The proposed project would provide a sufficient number of parking spaces on site. Marin County Code Section 24.04.340 establishes minimum off-street parking requirements. Depending on the type of use within the proposed building, the number of required parking spaces is based on one space for every 200 square feet of gross floor area for general retail space, one space for every 250 square feet of gross floor area for office space, or one space for 1,000 square feet of gross floor area for storage space. The proposed 13,803 square foot building would contain 10,787 square feet of retail floor area, 1,258 square feet of office floor area, and 1,758 square feet of storage floor area. Based on these building uses, a total of 61 parking spaces would be required. Meeting this requirement, 61 surface parking spaces are proposed along the western, southern, and eastern sides of the building, including three handicapped spaces at the entrance. All spaces would meet the minimum dimensional standard of Marin County Code Section 24.04.380: 8.5 feet wide by 18 feet deep. Lastly, pursuant to Marin County Code Section 24.04.370, a large loading bay for delivery vehicles, measuring at least 19 feet wide by 50 feet deep, would be provided along the western rear of the building.

Building Orientation

It has been suggested by several residents to orient the main entrance of the building to the western rear of the property to accommodate pedestrian traffic at the Shoreline Shopping Center. Staff recommends against such a revision for the following reasons:

1. The project would enhance pedestrian circulation in the area by providing: (a) a 4-foot wide sidewalk along approximately 190 feet of Shoreline Highway; (b) a landscaped trellis and textured concrete walkway connecting the Shoreline Highway sidewalk to the building entry; and (c) two pedestrian arcades along the eastern front and southern side of the proposed building connecting the building to adjacent parking areas of the Shoreline Shopping Center.
   
   
2. Orienting the main entrance of the building to the western rear of the property would place the entrance in closer proximity to the Kay Park residential neighborhood, which could result in greater noise and parking lot activity impacts to those residents.
   
   
3. The predominant views of the building are from the south and east. Orienting the main entrance of the building to the western rear of the property would likely result in locating the loading dock of the building along Shoreline Highway, which would likely diminish the value of the beneficial architectural statement that the current project proposes along the streetscape.
   
   
4. The project, as proposed, would be consistent with the Tam Junction Site Planning Guidelines, which include standards for building placement and orientation.

Proposed Hours of Operation

The store is proposed to operate 24 hours every day. While these hours may be convenient for local residents, especially concerning late night pharmaceutical and emergency needs, staff is concerned that all night hours may not be consistent with a goal of the Community Plan to maintain the semi-rural character of the community due to potential noise, light, and general activity disturbances to nearby residential areas. Accordingly, staff is recommending that the hours of operation be limited to 6:00 a.m. to midnight daily, with exception to inventorying and in-store stocking which may take place during non-business hours (Condition of Approval 6).

Alcoholic Beverage Sales

The project sponsor has not proposed the sale of alcoholic beverages on site as part of the Walgreens project. Accordingly, staff is recommending that the sale of alcoholic beverages be prohibited on site, unless and until the project sponsor obtains: (1) an approved Use Permit pursuant to provisions of Chapter 22.88 of Marin County Code, and (2) an approved sales license from the State Alcoholic Beverage Control Department (Condition of Approval 7).

Development of the project site is governed by The Marin Countywide Plan (hereinafter, "the Countywide Plan"), the Tamalpais Area Community Plan ("the Community Plan"), and Title 22 of Marin County Code ("the Zoning Code"). The following discussion analyzes the proposed project against all applicable policies and regulations of these documents. In summary, the project is consistent with the policies and regulations of these documents.

The Countywide Plan

As modified by the recommended mitigation measures and conditions of approval, the project is consistent with policies of the Countywide Plan for the following reasons:

1. The project site is located within the City-Centered Corridor of the Countywide Plan where urban-scale development should be concentrated because infrastructure and facilities can be made available to serve such development. (Environmental Quality Policy EQ-1.1; Community Development Policy CD-1.1)
   
   
2. The project would not adversely impact nearby sensitive habitats or special status species. The site is located at least 250 feet from both Coyote Canal and Bothin Marsh, which contain valuable wetlands or salt marsh habitat areas. The developed project site consists of former bay marshland filled for development that contains only marginal habitat value within an open, man-made drainage ditch that courses through the project site into the public storm drain system. The project would result in a two-for-one replacement ratio of any wetlands in this ditch proposed for removal. No barrier to wildlife movement would be created that limits normal dispersal or cuts off access to potential shelter, food, and water sources nearby. (Environmental Quality Program EQ-2.43a and Policies EQ-2.87, EQ-2.88, EQ-3.6, and EQ-3.27)
   
   
3. Project-related short-term and long-term air quality impacts would be minimized, adhering to Federal and State air quality standards. (Environmental Quality Policies EQ-2.75 and EQ-2.78)
   
   
4. Project-related erosion, air quality, water quality, and noise pollution impacts would be minimized. (Environmental Quality Policy EQ-3.2)
   
   
5. The project would not impact any unique geological, ecological, archaeological, or historical sites in the project area. (Environmental Quality Policies EQ-3.5 and EQ-3.29)
   
   
6. The project would be designed in accordance with recommendations of a geotechnical investigation to minimize potential settlement and seismic ground shaking hazards. The development should not be endangered by, nor contribute to, these hazardous conditions on the site or on adjoining properties. Further, the site is not located on a trace of a confirmed, active earthquake fault and, therefore, would not be subjected to seismic ground rupture hazards. (Environmental Quality Policies EQ-3.7; Community Development Policy CD-2.7; Environmental Hazards Policies EH-3.1, EH-3.2, EH-4.2, EH-5.1, EH-5.2, EH-7.1, EH-7.2, and EH-7.3)
   
   
7. The existing stormwater drainage system has adequate capacity to accommodate the modest increase in runoff resulting from the project, and the project would not expose people or property to significant flood hazards. (Environmental Quality Policy EQ-3.7; Community Development Policy CD-2.7; Environmental Hazard Policies EH-3.1, EH-8.7, and EH-10.1; Environmental Hazard Program EH-8.6b)
   
   
8. The proposed building would provide a healthful, safe, quiet design for building occupants. The California Craftsman architecture of the proposed building, along with substantial landscaping, including the planting of 48 trees, would be both functionally and aesthetically pleasing and enhance the existing character and identity of the Tam Junction commercial area. (Environmental Quality Policies EQ-3.8 and EQ-3.11; Community Development Policy CD-2.8)
   
   
9. The project would not cause significant impacts on existing, available public services and utilities, such as water supply, police and fire protection, solid waste disposal, sewage disposal, and schools. The project would pay its share of the cost of public facilities, services and infrastructure related to, or necessitated by, the project. (Environmental Quality Policy EQ-3.9; Community Development Policy CD-7.3; Community Facilities Policies CF-3.4 and CF-5.2)
   
   
10. The project would neither result in the introduction of aggressive exotic plants to the Tam Junction area, nor result in the removal of any existing trees. (Environmental Quality Policies EQ-3.13 and EQ-3.14)
    
    
11. Project site grading would not substantially change the local topography. Site grading, which would adhere to standards of the Marin County Department of Public Works, would be limited to 3,200 cubic yards of imported fill to raise proposed driveway, parking, and loading area elevations in an effort to meet minimum flood elevation regulations. Grades would lower in transition areas to meet elevations of adjacent properties. (Environmental Quality Policy EQ-3.16)
    
    
12. Development of the proposed project would place additional employment opportunities close to retail facilities, transit facilities, and residential areas in Tamalpais Valley, potentially reducing long commutes, fostering energy conservation, and minimizing traffic. (Community Development Policies CD-2.2, CD-2.3, CD-2.4, CD-3.1, and CD-4.1)
    
    
13. The project would be constructed in compliance with State of California Title 24 Energy Regulations. Further, the project would utilize contemporary water-conservation technology in all building plumbing fixtures, and the landscape architect has confirmed that the proposed landscape plan complies with County water conservation requirements. (Community Development Policies CD-4.4 and CD-4.6)
    
    
14. The project site is designated for mixed commercial and residential land use under the RS (Commercial Residential) land use designation. Consistent land uses include retail stores and shops that are compatible with adjacent uses and high urban design standards, public services and facilities, and natural resource and environmental quality protection. Commercial uses are limited to a maximum FAR range of 5 to 40 percent. The project is proposed with a FAR of 23.8 percent. (Tamalpais Area Land Use Policy Map 6.3.1; Community Development Policies CD-8.6 and CD-14.3)
    
    
15. The project would meet the intent of traffic policies that call for a LOS D or better for the segment of Shoreline Highway from U. S. Highway 101 to Flamingo Road and at all major intersections within this highway segment since it would result in acceptable levels of service even with added project traffic through a combination of traffic improvements called for in the Community Plan and payment of local "fair-share" traffic mitigation fees prior to project occupancy. (Transportation Policies T-1.1 and T-1.4)
    
    
16. The project would be required to pay its fair share of the cost of providing necessary local and regional transportation system improvements. (Transportation Policy T-1.3)
    
    
17. The project would provide a 4-foot wide sidewalk on site along approximately 190 feet of the Shoreline Highway frontage that would improve pedestrian and bicycle access in the area. In addition, a landscaped, decorative trellis and textured concrete walkway would connect the sidewalk to the building entry and two pedestrian arcades along the eastern front and southern side of the proposed building. (Transportation Policies T-5.1 and T-5.2)
    
    
18. The project would not substantially increase ambient noise levels, and measures would be taken to minimize noise during construction and project operation. (Noise Policies N-1.1, N-2.1 and N-2.4; Noise Programs N-1.1b, N-1.1c, N-2.1b, and N-2.1c)
    
    
19. The project would include an emergency response plan detailing safety procedures for building occupants to follow during and after a disaster. Additionally, the project would be designed to comply with requirements of the Uniform Building Code, Uniform Fire Code, and American Disabilities Act. (Environmental Hazards Policies EH-3.3 and EH-11.5)
    
    
20. The project site is located within the Sphere of Influence and Urban Service Area of the City of Mill Valley and, accordingly, the application was transmitted to the City for comment. The City will not annex the site at this time since it is not contiguous to their corporate limits. (Community Facilities Policies CF-1.3 and CF-4.2)

The Community Plan

As modified by the recommended mitigation measures and conditions of approval, the project is consistent with policies of the Community Plan for the following reasons:

1. The project, a 13,803 square foot retail pharmacy building, is a small-scale, resident- and local-serving business that would enhance the attractiveness and economic vitality of the Tam Junction commercial area. It would maintain a comparable and compatible scale (bulk, mass, and height) and desirable appearance (California Craftsman architecture, colors, and materials) with commercial and residential development within the project area, preserving unique characteristics of the area and integrating with its setting. Further, it would replace two mixed-use buildings on site, which contain approximately 10,800 square feet of total floor area (representing a small increase in existing commercial floor area within Tam Junction), that are neither architecturally significant nor landscaped. (Land Use Policy LU-1.3; Land Use Objective LU-9; and Land Use Policies LU-9.1 and LU-22.1)
   
   
2. The project would not encourage intrusive or damaging access into nearby sensitive wetland habitats and would not adversely impact special status species. The site is located at least 250 feet from both Coyote Canal and Bothin Marsh, which contain valuable wetlands or salt marsh habitat areas. No wildlife trails exist on site, no barrier to wildlife movement and dispersal would be created, and no removal of native trees would occur. (Land Use Policies LU-10.2, LU-10.3, LU-11.1, LU-12.1, LU-15.1; Land Use Programs LU-10.2a and LU-11.1a)
   
   
3. The project would be designed in accordance with recommendations of a geotechnical investigation to minimize potential settlement and ground shaking hazards. (Land Use Program LU-16.1a)
   
   
4. The project, which would be designed in general conformance with minimum flood elevation regulations, would not expose people or property to significant flood hazards. (Land Use Objective LU-17 and Land Use Policy LU-17.2)
   
   
5. The project would be consistent with the Tam Junction Site Planning Guidelines, as addressed below, which include standards for building setbacks, height limits, Floor Area Ratio limits, building placement, landscaping requirements, architecture, and signage and lighting. The project design would ensure preservation and enhancement of the unique character of the area and maintenance of the semi-rural character of the overall community. (Land Use Objective LU-22 and Land Use Program LU-22.1a)
   
   
6. A Master Plan application has been submitted for the project that involves the entire contiguous ownership of two properties (Back and Parish et al.). The 1.33-acre project site would be established through a lot line adjustment between these two properties. With exception to the removal of two mixed-use buildings on the adjusted site to be replaced by the proposed retail pharmacy building and improved access, parking, and circulation in the project area, no other changes to the existing uses or buildings are proposed within the Master Plan area. (Land Use Program LU-22.1a)
   
   
7. The proposed building would be located a distance of 52 feet from the Shoreline Highway right-of-way to accommodate a sidewalk, landscaping, parking and driveway areas. The 4-foot wide sidewalk would be separated from the parking and driveway areas in front of the building by a 4-foot high, split-face concrete screen wall located behind a 6-foot wide landscaped berm. Though a guideline building setback of 15 to 30 feet is recommended, the proposed 52-foot setback is acceptable because the project would provide: (a) enhanced local pedestrian and bicycle circulation; (b) a landscaped berm that would screen parking and driveway areas from the proposed sidewalk and Shoreline Highway; (c) safe and adequate vehicular circulation around the building; and (d) varied placement of buildings along Shoreline Highway that would avoid a monotonous, linear streetscape. (Land Use Program LU-22.1a)
   
   
8. The project would not exceed the maximum building height of two stories or 30 feet from finished grade for the site. The one-story building would measure 30 feet from finished grade to the top of an entry tower and 24.5 feet to the roof ridge. (Land Use Program LU-22.1a)
   
   
9. The project would not exceed the maximum commercial FAR range of 35 to 40 percent for the site. The project is proposed with a FAR of 23.8 percent, below the maximum FAR range. (Land Use Program LU-22.1a)
   
   
10. The design and placement of the project considers adjacent buildings and uses, providing spatial variety and contrast in the local cluster of buildings, yet sharing common circulation and parking areas. Two pedestrian arcades along the eastern front and southern side of the building, as well as a drive-through pharmacy window on the northern side, would be provided. (Land Use Program LU-22.1a)
    
    
11. Significant landscaping is proposed to breakup building mass, complement adjacent development, enhance the streetscape, and screen, shade, and breakup parking and circulation areas. A variety of trees, shrubs, ground covers, and vines are proposed, including a total of 48 trees. Eleven of the 48 trees would be planted along Shoreline Highway where at least 3 to 10 are recommended. Mature heights of the trees would range from 20 to 40 feet, providing landscaping in proportion to the building height. One tree would be planted for every 1.27 parking spaces where 1 tree for every 3 spaces is recommended. At least 50 percent of the parking areas would be shaded at mid-day within 15 years, as certified by the project landscape architect. Planter areas would be located at the perimeter of the site, adjacent to the building, at the ends of parking rows, and in between parking spaces. Planter boxes would be located in between columns of the pedestrian arcades on the eastern front and southern side of the building. Latticework for vines and espaliers would be provided on the loading bay’s 9-foot high sound wall at the western rear of the building. (Land Use Program LU-22.1a)
    
    
12. The building design for the project incorporates significant design elements of the California Craftsman architecture. The design features two covered pedestrian arcades with permanent landscape planters along the eastern front and southern side of the building, square tapered columns, exposed rafters, decorative corbels, horizontal wood siding, lightweight concrete shake roofing, river rock stone base accents, a sloped mansard roof on all four sides of the building, and an entry tower at the southeastern corner of the building. Primary colors would be various earth-tone shades, including a light beige color for the siding, a medium brown color for the roofing, a darker red-brown color for the trim, and a light brown color for the stone accents and split-face concrete block walls. A landscaped, decorative trellis and textured concrete walkway would connect the building entry to a proposed sidewalk along Shoreline Highway. (Land Use Program LU-22.1a)
    
    
13. Mechanical equipment would be located on the roof of the building behind and below the mansard roof ridge. All utility connections serving the project would be placed underground. A proposed trash enclosure and loading bay would be located at the western rear of the building behind a 9-foot high, split-face concrete sound and screen wall. (Land Use Program LU-22.1a)
    
    
14. Project signs would be in conformance with the material, placement, size, and lighting sign guidelines for the Tam Junction commercial area. Signs would be placed on the eastern front and southern side of the entry tower and the eastern side of the drive-through pharmacy window portico. All signs would consist of solid red metal letters back-lit with neon light tubes to create a light wash around the letters. Total project sign area would not exceed 137 square feet, where a total of 138 square feet is permitted. (Land Use Program LU-22.1a)
    
    
15. The project would provide attractive and unobtrusive area and building lighting that would contribute to the safe nighttime use of the area by employees and customers. A total of 10 hooded, ground-focused light standards in parking and circulation areas, measuring 20 feet in height each, as well as 10 recessed light fixtures in the ceiling of the pedestrian arcades of the building, would be provided for nighttime safety and security. The proposed lighting would not result in significant glare or light wash onto adjacent properties and would average around 1.6 foot-candles in parking and circulation areas, as confirmed by a photometric study. (Land Use Program LU-22.1a)
    
    
16. The project site is designated for mixed commercial and residential land use under the MRPC (Mixed Residential Planned Commercial) land use designation. Commercial development appropriate for the Tam Junction area includes resident- or local-serving businesses, such as the proposed retail pharmacy. As discussed previously, the project would not exceed the maximum commercial FAR range of 35 to 40 percent for the site. The project is proposed with a FAR of 23.8 percent, below the maximum FAR range. (Tamalpais Area Future Land Use Categories Figure 20)
    
    
17. The project would provide a 4-foot wide sidewalk on site along approximately 190 feet of the Shoreline Highway frontage that would improve pedestrian and bicycle access in the area by connecting customers to adjacent businesses and nearby transit facilities. In addition, a walkway would connect the sidewalk to the building entry and two pedestrian arcades along the eastern front and southern side of the proposed building. (Transportation Policy T-1.3)
    
    
18. The project would meet the intent of traffic policies that call for a LOS D or better for weekday p.m. peak-hour traffic along the segment of Shoreline Highway from U. S. Highway 101 to Flamingo Road and at all major intersections within this highway segment since it would result in acceptable levels of service even with added project traffic through a combination of traffic improvements called for in the Community Plan and payment of local "fair-share" traffic mitigation fees prior to project occupancy. (Transportation Policies T-2.1, T-2.2, T-3.1, T-3.2, T-3.3, T-3.4, T-14.1, and T-14.2; Transportation Programs T-2.1a, T-2.2a, T-3.1a, T-3.1b, T-3.2a, T-3.2b, T-3.3b, and T-14.1b)
    
    
19. The project would not result in an additional roadway or driveway directly accessing Shoreline Highway. In addition, pedestrian, bicycle, and vehicular safety would be enhanced by prohibition of vehicular left-turn movements to and from Shoreline Highway at the access driveway between the project site and Video Droid. Such vehicular left-turns would be prohibited through a combination of signs and traffic barriers. (Transportation Policies T-2.4 and T-13.1)
    
    
20. The project would not cause significant impacts on existing, available public services and utilities, such as water supply, police and fire protection, solid waste disposal, sewage disposal, and schools. (Public Facilities and Services Policy PS-1.1)

The Zoning Code

As modified by the recommended mitigation measures and conditions of approval, the project is consistent with use regulations and design standards of the Zoning Code for the following reasons:

1. The project site is located within an RMPC-6 (Residential Multiple/Commercial Planned District, 6 units per acre maximum density) zoning district. All land uses permitted in RMP (Residential Multiple Planned) and CP (Commercial Planned) zoning districts are permitted in an RMPC zoning district, subject to approval of a Master Plan (Marin County Code Section 22.47.080). All commercial land uses, such as the proposed retail-pharmacy building, are permitted within a CP zoning district, subject to approval of a Master Plan (Marin County Code Section 22.47.040). This project entails review of a Master Plan that has been submitted for approval of a commercial retail-pharmacy building. Special development standards within planned zoning districts are addressed below.
   
   
2. Site grading, which would adhere to standards of the Marin County Department of Public Works, would be limited to 3,200 cubic yards of imported fill. This amount of grading is the minimum necessary to raise proposed driveway, parking, and loading area elevations in an effort to meet minimum flood elevation regulations. Grades would lower in transition areas to meet elevations of adjacent properties. Project site grading would not substantially change the local topography. (Marin County Code Section 22.47.024.1.a)
   
   
3. All project driveways would maintain grades less than 15 percent, including grades in transition areas. (Marin County Code Section 22.47.024.1.b)
   
   
4. Project-related erosion impacts would be minimized through an Erosion Control Plan and Stormwater Pollution Prevention Program. (Marin County Code Section 22.47.024.1.c)
   
   
5. The project would be connected directly to the existing stormwater drainage system, which has adequate capacity to accommodate the modest increase in runoff resulting from the project, avoiding runoff erosion or damage to adjacent properties. Further, the project would not expose people or property to significant flood hazards. (Marin County Code Section 22.47.024.1.d)
   
   
6. The project would not adversely impact nearby sensitive wetland habitats or special status species. The project would result in a two-for-one replacement of any wetlands proposed for removal within a man-made, open, drainage ditch on site. No removal of trees would occur. (Marin County Code Section 22.47.024.1.e)
   
   
7. The project site is not located within a designated extreme wildfire hazard area. Good access, an adequate water supply, a reliable fire warning system, and fire protection services are available for the site. (Marin County Code Section 22.47.024.1.f)
   
   
8. The project would be designed in accordance with recommendations of a geotechnical investigation to minimize potential settlement and seismic ground shaking hazards. (Marin County Code Section 22.47.024.1.g)
   
   
9. The Marin Municipal Water District has reviewed the project and determined that the District has adequate facilities to meet any new commercial and fire flow water service demands resulting from the project. (Marin County Code Section 22.47.024.1.h)
   
   
10. The design and placement of the project considers the local cluster of adjacent buildings, sharing common circulation and parking areas and minimizing visual prominence. (Marin County Code Section 22.47.024.2.a)
    
    
11. The project site, which is located in commercial area consisting of former bay marshlands filled for development, is not located on or near a ridgeline. (Marin County Code Section 22.47.024.2.b)
    
    
12. The project landscape design is intended to complement the architecture of the proposed building and to minimize visual impacts of the surrounding circulation and parking areas. The landscape plan utilizes species that are both drought- and fire-tolerant. (Marin County Code Section 22.47.024.2.c)
    
    
13. All utility connections serving the project would be placed underground. (Marin County Code Section 22.47.024.2.d)
    
    
14. The project would not exceed a maximum building height of 30 feet from finished grade to the top of an entry tower and 24.5 feet to the roof ridge. Being former marshland filled for development, the essentially level site does not contain natural grades. The predominant existing grade would be raised by fill 0 to 4 feet in an effort to meet minimum flood elevation regulations. As a result, the 30-foot high entry tower would attain a maximum height of 34 feet above the predominant existing grade, while the majority of the 24.5-foot high building would attain a maximum height of 28.5 feet above the predominant existing grade. Certain ancillary architectural features, such as the entry tower, may exceed the main building height limit pursuant to Marin County Code Section 22.70.040. (Marin County Code Section 22.47.024.2.e)
    
    
15. The project materials and colors would blend unobtrusively into the environment. Primary materials and colors would be various rustic materials in earth-tone shades, including a light beige color for the horizontal wood siding, a medium brown color for the concrete shake roofing, a darker red-brown color for the wood trim, and light brown color for the river rock accents and split-face concrete block walls. (Marin County Code Section 22.47.024.2.f)
    
    
16. Project noise impacts will be minimized. (Marin County Code Section 22.47.024.2.g)
    
    
17. The proposed project, which would be constructed in compliance with State of California Title 24 Energy Regulations, would not require substantial amounts of fuel or energy for either construction or maintenance purposes. Further, the project would utilize contemporary water-conservation technology in all building plumbing fixtures, and the landscape architect has certified that the proposed landscape plan complies with County and Marin Municipal Water District water conservation requirements. (Marin County Code Section 22.47.024.2.h)
    
    
18. The project neither proposes nor requires the dedication of open space lands. (Marin County Code Sections 22.47.024.2.i, 22.47.024.2.j, and 22.47.024.2.k)

CONCLUSION:

Overall, the project is a small-scale, resident- and local-serving business that would enhance the attractiveness and economic vitality of the Tam Junction commercial area. It would maintain a comparable and compatible scale and desirable appearance with commercial and residential development within the project area, preserving unique characteristics of the area and integrating with its setting. The project qualifies for a Negative Declaration of Environmental Impact, which identifies potentially significant geophysical, water, air quality, transportation and circulation, biological resources, and noise impacts that can be avoided or reduced to less-than-significant levels through the implementation of feasible mitigation measures incorporated into the conditions of approval. The project is consistent with policies, use regulations, and design standards of the Countywide Plan, Community Plan, and Zoning Code. Therefore, the project would ensure preservation and enhancement of the unique character of the area and maintenance of the semi-rural character of the community.

RECOMMENDATION:

After review the administrative record and conduct of a public hearing, staff recommends that the Planning Commission:

1. Move to recommend that the Board of Supervisors adopt a Negative Declaration of Environmental Impact for the Walgreens Master Plan, Precise Development Plan, and Lot Line Adjustment project, based on the findings contained in the attached resolution (see Attachment 1); and
   
   
2. Move to recommend that the Board of Supervisors conditionally approve the Walgreens Master Plan, Precise Development Plan, and Lot Line Adjustment project, based on the findings contained in the attached resolution (see Attachment 2).

ATTACHMENTS:

1. Proposed resolution recommending that the Board of Supervisors adopt a Negative Declaration of Environmental Impact for the Walgreens Master Plan, Precise Development Plan, and Lot Line Adjustment project (pages 1-4)
2. Proposed resolution recommending that the Board of Supervisors approve the Walgreens Master Plan, Precise Development Plan, and Lot Line Adjustment project (pages 5-22)
3. Location Map (pages 23-24)
4. Existing Conditions Map (pages 25-26)
5. Lot Line Adjustment Map (pages 27-28)
6. Site Plan (pages 29-30)
7. Grading, Drainage, and Utility Plan (pages 31-32)
8. Landscape Plan (pages 33-34)
9. Lighting Plan (pages 35-36)
10. Roof and Floor Plans (pages 37-38)
11. Elevations (pages 39-42)
12. Visual Simulations (pages 43-50)
13. Negative Declaration, Initial Study, and Mitigation Monitoring and Reporting Program (pages 51-116)
14. Department of Public Works, Land Use and Water Resources, memorandums, 06/05/98 (pages 117-120)
15. Tamalpais Design Review Board minutes, 06/03/98 (pages 121-122)
16. Marin Municipal Water District letter, 06/03/98 (pages 123-124)
17. Tamalpais Fire Protection District letter, 05/14/98 (pages 125-128)
18. Tamalpais Community Services District letter, 05/08/98 (pages 129-130)
19. Letter from Margaret Zegart, 06/15/98 (pages 131-134)
20. Almonte District Improvement Club letter, 06/12/98 (pages 135-136)

SECTION 1: FINDINGS

WHEREAS the Marin County Planning Commission does hereby find and declare the following:

1. Village Properties has submitted a Master Plan, Precise Development Plan, and Lot Line Adjustment application proposing a Walgreens pharmacy-retail building and associated site improvements for the store, including a drive-through pharmacy window, 61 on-site parking spaces, a screened loading area, and landscaping. The project site is proposed to be enlarged through lot line adjustment to 57,980 square feet in size, and all existing buildings on the adjusted site would be demolished. The proposed, 13,803 square foot building would attain a maximum height of 30 feet from finished grade to the top of an entry tower and 24.5 feet to the roof ridge. It would be located at least 52 feet from the front property line to the east (Shoreline Highway), 42 feet from the side property line to the north, 64 feet from the rear property line to the west, and 80 feet from the side property line to the south. The store is proposed to operate 24 hours every day. The subject property is located at 227 Shoreline Highway, Mill Valley, and is further identified as Assessor’s Parcels 052-051-08, -10, -20, and -21; and 052-061-16.
   
   
2. The Marin County Community Development Agency has prepared an Initial Study pursuant to the requirements of the California Environmental Quality Act ("CEQA") for the project, which determined that potential impacts relating to geophysical, water, air quality, transportation and circulation, biological resources, and noise factors are avoided or mitigated to a point where clearly no significant effects would occur because revisions in the project plans have been made, or agreed to, by the project sponsor, and there is no evidence that the project as revised may have a significant impact on the environment.
   
   
3. The Marin County Community Development Agency has prepared a Mitigation Monitoring and Reporting Program that encompasses the following:
   
   
   1. A list of mitigation and monitoring measures required of the project sponsor at each stage of project approval and development;
      
      
   2. A checklist to document and verify mitigation measure compliance; and
      
      
   3. A general condition of project approval, which requires that all stages of project development conforms with the adopted Mitigation Monitoring and Reporting Program and stipulates that the County of Marin will verify compliance with each of the required mitigation measures.
      
      
4. The Marin County Environmental Coordinator determined that based on the Initial Study, a Negative Declaration of Environmental Impact is required for the project pursuant to CEQA.
   
   
5. On November 6, 1998, a Negative Declaration was completed and distributed to agencies and interested parties to commence a 30-day public review period for review and comment on the Negative Declaration, and a notice of the public review period and hearing date to consider approval of the Negative Declaration was published in a general circulation newspaper pursuant to CEQA.
   
   
6. After the close of the public review period on December 6, 1998, the Planning Commission held a public hearing on December 7, 1998, to receive public testimony on the adequacy of the Negative Declaration.
   
   
7. The Planning Commission has reviewed and considered the information contained in the Negative Declaration and comments and responses thereto.

SECTION 2: RESOLUTION

NOW, THEREFORE, LET IT BE RESOLVED, that the Marin County Planning Commission hereby makes the following findings:

1. The Negative Declaration for the project consists of the Initial Study, Mitigation Monitoring and Reporting Program, the Negative Declaration of Environmental Impact statement, and all supporting information incorporated by reference therein.
   
   
2. The Negative Declaration was completed in compliance with the intent and requirements of CEQA, the State CEQA Guidelines, and County CEQA process.
   
   
3. Notice of the public review and hearing on the Negative Declaration was given as required by law and said hearing was conducted pursuant to Sections 15073 and 15074 of the State CEQA Guidelines and the County CEQA process.
   
   
4. All individuals, groups, and agencies desiring to comment on the Negative Declaration were given the opportunity to address the Planning Commission.

LET IT BE FURTHER RESOLVED that the Planning Commission recommends that the Marin County Board of Supervisors adopt the Negative Declaration of Environmental Impact and Mitigation Monitoring and Reporting Program for the Walgreens Master Plan, Precise Development Plan, and Lot Line Adjustment application as an adequate and complete environmental document for purposes of approving the project.

SECTION 3: VOTE

PASSED AND ADOPTED at a regular meeting of the Planning Commission of the County of Marin, State of California, on the 7th day of December, 1998, by the following vote to-wit:

AYES:

NOES:

ABSENT:

____________________________________________
PATTY GARBARINO, CHAIR
|MARIN COUNTY PLANNING COMMISSION

Attest:

_______________________________
Alex Morales
Planning Commission Secretary

SECTION 1: FINDINGS

WHEREAS the Marin County Planning Commission does hereby find and declare the following:

1. Village Properties has submitted a Master Plan, Precise Development Plan, and Lot Line Adjustment application proposing a Walgreens pharmacy-retail building and associated site improvements for the store, including a drive-through pharmacy window, 61 on-site parking spaces, a screened loading area, and landscaping. The project site is proposed to be enlarged through lot line adjustment to 57,980 square feet in size, and all existing buildings on the adjusted site would be demolished. The proposed, 13,803 square foot building would attain a maximum height of 30 feet from finished grade to the top of an entry tower and 24.5 feet to the roof ridge. It would be located at least 52 feet from the front property line to the east (Shoreline Highway), 42 feet from the side property line to the north, 64 feet from the rear property line to the west, and 80 feet from the side property line to the south. The store is proposed to operate 24 hours every day. The subject property is located at 227 Shoreline Highway, Mill Valley, and is further identified as Assessor’s Parcels 052-051-08, -10, -20, and -21; and 052-061-16.
   
   
2. An Initial Study has been prepared for the proposed project pursuant to the requirements of the California Environmental Quality Act ("CEQA"), and the Marin County Environmental Coordinator has recommended adoption of a Negative Declaration of Environmental Impact. All project-related impacts have been discussed in the Initial Study and recommended mitigation and monitoring measures have been incorporated into the recommended conditions of approval.
   
   
3. A duly noticed public hearing was held on December 7, 1998 to review and consider testimony in favor of, and against, a proposed Negative Declaration. The proposed project, as modified by the recommended mitigation measures and conditions of approval, would not result in any significant environmental impacts and, as discussed in the Initial Study, this project qualifies for a Negative Declaration of Environmental Impact in compliance with CEQA, the State CEQA Guidelines, and the County CEQA process.
   
   
4. A duly noticed public hearing was held also on December 7, 1998, to consider the merits of the proposed project, and hear testimony in favor of, and in opposition to, the project.
   
   
5. The proposed project, as modified by the recommended mitigation measures and conditions of approval, is consistent with the policies of The Marin Countywide Plan, as follows:
   
   
   1. The project site is located within the City-Centered Corridor of the Countywide Plan where urban-scale development should be concentrated because infrastructure and facilities can be made available to serve such development. (Environmental Quality Policy EQ-1.1; Community Development Policy CD-1.1)
      
      
   2. The project would not adversely impact nearby sensitive habitats or special status species. The site is located at least 250 feet from both Coyote Canal and Bothin Marsh, which contain valuable wetlands or salt marsh habitat areas. The developed project site consists of former bay marshland filled for development that contains only marginal habitat value within an open, man-made drainage ditch that courses through the project site into the public storm drain system. The project would result in a two-for-one replacement ratio of any wetlands in this ditch proposed for removal. No barrier to wildlife movement would be created that limits normal dispersal or cuts off access to potential shelter, food, and water sources nearby. (Environmental Quality Program EQ-2.43a and Policies EQ-2.87, EQ-2.88, EQ-3.6, and EQ-3.27)
      
      
   3. Project-related short-term and long-term air quality impacts would be minimized, adhering to Federal and State air quality standards. (Environmental Quality Policies EQ-2.75 and EQ-2.78)
      
      
   4. Project-related erosion, air quality, water quality, and noise pollution impacts would be minimized. (Environmental Quality Policy EQ-3.2)
      
      
   5. The project would not impact any unique geological, ecological, archaeological, or historical sites in the project area. (Environmental Quality Policies EQ-3.5 and EQ-3.29)
      
      
   6. The project would be designed in accordance with recommendations of a geotechnical investigation to minimize potential settlement and seismic ground shaking hazards. The development should not be endangered by, nor contribute to, these hazardous conditions on the site or on adjoining properties. Further, the site is not located on a trace of a confirmed, active earthquake fault and, therefore, would not be subjected to seismic ground rupture hazards. (Environmental Quality Policies EQ-3.7; Community Development Policy CD-2.7; Environmental Hazards Policies EH-3.1, EH-3.2, EH-4.2, EH-5.1, EH-5.2, EH-7.1, EH-7.2, and EH-7.3)
      
      
   7. The existing stormwater drainage system has adequate capacity to accommodate the modest increase in runoff resulting from the project, and the project would not expose people or property to significant flood hazards. (Environmental Quality Policy EQ-3.7; Community Development Policy CD-2.7; Environmental Hazard Policies EH-3.1, EH-8.7, and EH-10.1; Environmental Hazard Program EH-8.6b)
      
      
   8. The proposed building would provide a healthful, safe, quiet design for building occupants. The California Craftsman architecture of the proposed building, along with substantial landscaping, including the planting of 48 trees, would be both functionally and aesthetically pleasing and enhance the existing character and identity of the Tam Junction commercial area. (Environmental Quality Policies EQ-3.8 and EQ-3.11; Community Development Policy CD-2.8)
      
      
   9. The project would not cause significant impacts on existing, available public services and utilities, such as water supply, police and fire protection, solid waste disposal, sewage disposal, and schools. The project would pay its share of the cost of public facilities, services and infrastructure related to, or necessitated by, the project. (Environmental Quality Policy EQ-3.9; Community Development Policy CD-7.3; Community Facilities Policies CF-3.4 and CF-5.2)
      
      
   10. The project would neither result in the introduction of aggressive exotic plants to the Tam Junction area, nor result in the removal of any existing trees. (Environmental Quality Policies EQ-3.13 and EQ-3.14)
       
       
   11. Project site grading would not substantially change the local topography. Site grading, which would adhere to standards of the Marin County Department of Public Works, would be limited to 3,200 cubic yards of imported fill to raise proposed driveway, parking, and loading area elevations in an effort to meet minimum flood elevation regulations. Grades would lower in transition areas to meet elevations of adjacent properties. (Environmental Quality Policy EQ-3.16)
       
       
   12. Development of the proposed project would place additional employment opportunities close to retail facilities, transit facilities, and residential areas in Tamalpais Valley, potentially reducing long commutes, fostering energy conservation, and minimizing traffic. (Community Development Policies CD-2.2, CD-2.3, CD-2.4, CD-3.1, and CD-4.1)
       
       
   13. The project would be constructed in compliance with State of California Title 24 Energy Regulations. Further, the project would utilize contemporary water-conservation technology in all building plumbing fixtures, and the landscape architect has confirmed that the proposed landscape plan complies with County water conservation requirements. (Community Development Policies CD-4.4 and CD-4.6)
       
       
   14. The project site is designated for mixed commercial and residential land use under the RS (Commercial Residential) land use designation. Consistent land uses include retail stores and shops that are compatible with adjacent uses and high urban design standards, public services and facilities, and natural resource and environmental quality protection. Commercial uses are limited to a maximum FAR range of 5 to 40 percent. The project is proposed with a FAR of 23.8 percent. (Tamalpais Area Land Use Policy Map 6.3.1; Community Development Policies CD-8.6 and CD-14.3)
       
       
   15. The project would meet the intent of traffic policies that call for a LOS D or better for the segment of Shoreline Highway from U. S. Highway 101 to Flamingo Road and at all major intersections within this highway segment since it would result in acceptable levels of service even with added project traffic through a combination of traffic improvements called for in the Community Plan and payment of local "fair-share" traffic mitigation fees prior to project occupancy. (Transportation Policies T-1.1 and T-1.4)
       
       
   16. The project would be required to pay its fair share of the cost of providing necessary local and regional transportation system improvements. (Transportation Policy T-1.3)
       
       
   17. The project would provide a 4-foot wide sidewalk on site along approximately 190 feet of the Shoreline Highway frontage that would improve pedestrian and bicycle access in the area. In addition, a landscaped, decorative trellis and textured concrete walkway would connect the sidewalk to the building entry and two pedestrian arcades along the eastern front and southern side of the proposed building. (Transportation Policies T-5.1 and T-5.2)
       
       
   18. The project would not substantially increase ambient noise levels, and measures would be taken to minimize noise during construction and project operation. (Noise Policies N-1.1, N-2.1 and N-2.4; Noise Programs N-1.1b, N-1.1c, N-2.1b, and N-2.1c)
       
       
   19. The project would include an emergency response plan detailing safety procedures for building occupants to follow during and after a disaster. Additionally, the project would be designed to comply with requirements of the Uniform Building Code, Uniform Fire Code, and American Disabilities Act. (Environmental Hazards Policies EH-3.3 and EH-11.5)
       
       
   20. The project site is located within the Sphere of Influence and Urban Service Area of the City of Mill Valley and, accordingly, the application was transmitted to the City for comment. The City will not annex the site at this time since it is not contiguous to their corporate limits. (Community Facilities Policies CF-1.3 and CF-4.2)
       
       
6. The proposed project, as modified by the recommended mitigation measures and conditions of approval, is consistent with the policies of the Tamalpais Area Community Plan, as follows:
   
   
   1. The project, a 13,803 square foot retail pharmacy building, is a small-scale, resident- and local-serving business that would enhance the attractiveness and economic vitality of the Tam Junction commercial area. It would maintain a comparable and compatible scale (bulk, mass, and height) and desirable appearance (California Craftsman architecture, colors, and materials) with commercial and residential development within the project area, preserving unique characteristics of the area and integrating with its setting. Further, it would replace two mixed-use buildings on site, which contain approximately 10,800 square feet of total floor area (representing a small increase in existing commercial floor area within Tam Junction), that are neither architecturally significant nor landscaped. (Land Use Policy LU-1.3; Land Use Objective LU-9; and Land Use Policies LU-9.1 and LU-22.1)
      
      
   2. The project would not encourage intrusive or damaging access into nearby sensitive wetland habitats and would not adversely impact special status species. The site is located at least 250 feet from both Coyote Canal and Bothin Marsh, which contain valuable wetlands or salt marsh habitat areas. No wildlife trails exist on site, no barrier to wildlife movement and dispersal would be created, and no removal of native trees would occur. (Land Use Policies LU-10.2, LU-10.3, LU-11.1, LU-12.1, LU-15.1; Land Use Programs LU-10.2a and LU-11.1a)
      
      
   3. The project would be designed in accordance with recommendations of a geotechnical investigation to minimize potential settlement and ground shaking hazards. (Land Use Program LU-16.1a)
      
      
   4. The project, which would be designed in general conformance with minimum flood elevation regulations, would not expose people or property to significant flood hazards. (Land Use Objective LU-17 and Land Use Policy LU-17.2)
      
      
   5. The project would be consistent with the Tam Junction Site Planning Guidelines, as addressed below, which include standards for building setbacks, height limits, Floor Area Ratio limits, building placement, landscaping requirements, architecture, and signage and lighting. The project design would ensure preservation and enhancement of the unique character of the area and maintenance of the semi-rural character of the overall community. (Land Use Objective LU-22 and Land Use Program LU-22.1a)
      
      
   6. A Master Plan application has been submitted for the project that involves the entire contiguous ownership of two properties (Back and Parish et al.). The 1.33-acre project site would be established through a lot line adjustment between these two properties. With exception to the removal of two mixed-use buildings on the adjusted site to be replaced by the proposed retail pharmacy building and improved access, parking, and circulation in the project area, no other changes to the existing uses or buildings are proposed within the Master Plan area. (Land Use Program LU-22.1a)
      
      
   7. The proposed building would be located a distance of 52 feet from the Shoreline Highway right-of-way to accommodate a sidewalk, landscaping, parking and driveway areas. The 4-foot wide sidewalk would be separated from the parking and driveway areas in front of the building by a 4-foot high, split-face concrete screen wall located behind a 6-foot wide landscaped berm. Though a guideline building setback of 15 to 30 feet is recommended, the proposed 52-foot setback is acceptable because the project would provide: (a) enhanced local pedestrian and bicycle circulation; (b) a landscaped berm that would screen parking and driveway areas from the proposed sidewalk and Shoreline Highway; (c) safe and adequate vehicular circulation around the building; and (d) varied placement of buildings along Shoreline Highway that would avoid a monotonous, linear streetscape. (Land Use Program LU-22.1a)
      
      
   8. The project would not exceed the maximum building height of two stories or 30 feet from finished grade for the site. The one-story building would measure 30 feet from finished grade to the top of an entry tower and 24.5 feet to the roof ridge. (Land Use Program LU-22.1a)
      
      
   9. The project would not exceed the maximum commercial FAR range of 35 to 40 percent for the site. The project is proposed with a FAR of 23.8 percent, below the maximum FAR range. (Land Use Program LU-22.1a)
      
      
   10. The design and placement of the project considers adjacent buildings and uses, providing spatial variety and contrast in the local cluster of buildings, yet sharing common circulation and parking areas. Two pedestrian arcades along the eastern front and southern side of the building, as well as a drive-through pharmacy window on the northern side, would be provided. (Land Use Program LU-22.1a)
       
       
   11. Significant landscaping is proposed to breakup building mass, complement adjacent development, enhance the streetscape, and screen, shade, and breakup parking and circulation areas. A variety of trees, shrubs, ground covers, and vines are proposed, including a total of 48 trees. Eleven of the 48 trees would be planted along Shoreline Highway where at least 3 to 10 are recommended. Mature heights of the trees would range from 20 to 40 feet, providing landscaping in proportion to the building height. One tree would be planted for every 1.27 parking spaces where 1 tree for every 3 spaces is recommended. At least 50 percent of the parking areas would be shaded at mid-day within 15 years, as certified by the project landscape architect. Planter areas would be located at the perimeter of the site, adjacent to the building, at the ends of parking rows, and in between parking spaces. Planter boxes would be located in between columns of the pedestrian arcades on the eastern front and southern side of the building. Latticework for vines and espaliers would be provided on the loading bay’s 9-foot high sound wall at the western rear of the building. (Land Use Program LU-22.1a)
       
       
   12. The building design for the project incorporates significant design elements of the California Craftsman architecture. The design features two covered pedestrian arcades with permanent landscape planters along the eastern front and southern side of the building, square tapered columns, exposed rafters, decorative corbels, horizontal wood siding, lightweight concrete shake roofing, river rock stone base accents, a sloped mansard roof on all four sides of the building, and an entry tower at the southeastern corner of the building. Primary colors would be various earth-tone shades, including a light beige color for the siding, a medium brown color for the roofing, a darker red-brown color for the trim, and a light brown color for the stone accents and split-face concrete block walls. A landscaped, decorative trellis and textured concrete walkway would connect the building entry to a proposed sidewalk along Shoreline Highway. (Land Use Program LU-22.1a)
       
       
   13. Mechanical equipment would be located on the roof of the building behind and below the mansard roof ridge. All utility connections serving the project would be placed underground. A proposed trash enclosure and loading bay would be located at the western rear of the building behind a 9-foot high, split-face concrete sound and screen wall. (Land Use Program LU-22.1a)
       
       
   14. Project signs would be in conformance with the material, placement, size, and lighting sign guidelines for the Tam Junction commercial area. Signs would be placed on the eastern front and southern side of the entry tower and the eastern side of the drive-through pharmacy window portico. All signs would consist of solid red metal letters back-lit with neon light tubes to create a light wash around the letters. Total project sign area would not exceed 137 square feet, where a total of 138 square feet is permitted. (Land Use Program LU-22.1a)
       
       
   15. The project would provide attractive and unobtrusive area and building lighting that would contribute to the safe nighttime use of the area by employees and customers. A total of 10 hooded, ground-focused light standards in parking and circulation areas, measuring 20 feet in height each, as well as 10 recessed light fixtures in the ceiling of the pedestrian arcades of the building, would be provided for nighttime safety and security. The proposed lighting would not result in significant glare or light wash onto adjacent properties and would average around 1.6 foot-candles in parking and circulation areas, as confirmed by a photometric study. (Land Use Program LU-22.1a)
       
       
   16. The project site is designated for mixed commercial and residential land use under the MRPC (Mixed Residential Planned Commercial) land use designation. Commercial development appropriate for the Tam Junction area includes resident- or local-serving businesses, such as the proposed retail pharmacy. As discussed previously, the project would not exceed the maximum commercial FAR range of 35 to 40 percent for the site. The project is proposed with a FAR of 23.8 percent, below the maximum FAR range. (Tamalpais Area Future Land Use Categories Figure 20)
       
       
   17. The project would provide a 4-foot wide sidewalk on site along approximately 190 feet of the Shoreline Highway frontage that would improve pedestrian and bicycle access in the area by connecting customers to adjacent businesses and nearby transit facilities. In addition, a walkway would connect the sidewalk to the building entry and two pedestrian arcades along the eastern front and southern side of the proposed building. (Transportation Policy T-1.3)
       
       
   18. The project would meet the intent of traffic policies that call for a LOS D or better for weekday p.m. peak-hour traffic along the segment of Shoreline Highway from U. S. Highway 101 to Flamingo Road and at all major intersections within this highway segment since it would result in acceptable levels of service even with added project traffic through a combination of traffic improvements called for in the Community Plan and payment of local "fair-share" traffic mitigation fees prior to project occupancy. (Transportation Policies T-2.1, T-2.2, T-3.1, T-3.2, T-3.3, T-3.4, T-14.1, and T-14.2; Transportation Programs T-2.1a, T-2.2a, T-3.1a, T-3.1b, T-3.2a, T-3.2b, T-3.3b, and T-14.1b)
       
       
   19. The project would not result in an additional roadway or driveway directly accessing Shoreline Highway. In addition, pedestrian, bicycle, and vehicular safety would be enhanced by prohibition of vehicular left-turn movements to and from Shoreline Highway at the access driveway between the project site and Video Droid. Such vehicular left-turns would be prohibited through a combination of signs and traffic barriers. (Transportation Policies T-2.4 and T-13.1)
       
       
   20. The project would not cause significant impacts on existing, available public services and utilities, such as water supply, police and fire protection, solid waste disposal, sewage disposal, and schools. (Public Facilities and Services Policy PS-1.1)
       
       
7. The proposed project, as modified by the recommended mitigation measures and conditions of approval, is consistent with use regulations and design standards of Title 22 of Marin County Code, as follows:
   
   
   1. The project site is located within an RMPC-6 (Residential Multiple/Commercial Planned District, 6 units per acre maximum density) zoning district. All land uses permitted in RMP (Residential Multiple Planned) and CP (Commercial Planned) zoning districts are permitted in an RMPC zoning district, subject to approval of a Master Plan (Marin County Code Section 22.47.080). All commercial land uses, such as the proposed retail-pharmacy building, are permitted within a CP zoning district, subject to approval of a Master Plan (Marin County Code Section 22.47.040). This project entails review of a Master Plan that has been submitted for approval of a commercial retail-pharmacy building. Special development standards within planned zoning districts are addressed below.
      
      
   2. Site grading, which would adhere to standards of the Marin County Department of Public Works, would be limited to 3,200 cubic yards of imported fill. This amount of grading is the minimum necessary to raise proposed driveway, parking, and loading area elevations in an effort to meet minimum flood elevation regulations. Grades would lower in transition areas to meet elevations of adjacent properties. Project site grading would not substantially change the local topography. (Marin County Code Section 22.47.024.1.a)
      
      
   3. All project driveways would maintain grades less than 15 percent, including grades in transition areas. (Marin County Code Section 22.47.024.1.b)
      
      
   4. Project-related erosion impacts would be minimized through an Erosion Control Plan and Stormwater Pollution Prevention Program. (Marin County Code Section 22.47.024.1.c)
      
      
   5. The project would be connected directly to the existing stormwater drainage system, which has adequate capacity to accommodate the modest increase in runoff resulting from the project, avoiding runoff erosion or damage to adjacent properties. Further, the project would not expose people or property to significant flood hazards. (Marin County Code Section 22.47.024.1.d)
      
      
   6. The project would not adversely impact nearby sensitive wetland habitats or special status species. The project would result in a two-for-one replacement of any wetlands proposed for removal within a man-made, open, drainage ditch on site. No removal of trees would occur. (Marin County Code Section 22.47.024.1.e)
      
      
   7. The project site is not located within a designated extreme wildfire hazard area. Good access, an adequate water supply, a reliable fire warning system, and fire protection services are available for the site. (Marin County Code Section 22.47.024.1.f)
      
      
   8. The project would be designed in accordance with recommendations of a geotechnical investigation to minimize potential settlement and seismic ground shaking hazards. (Marin County Code Section 22.47.024.1.g)
      
      
   9. The Marin Municipal Water District has reviewed the project and determined that the District has adequate facilities to meet any new commercial and fire flow water service demands resulting from the project. (Marin County Code Section 22.47.024.1.h)
      
      
   10. The design and placement of the project considers the local cluster of adjacent buildings, sharing common circulation and parking areas and minimizing visual prominence. (Marin County Code Section 22.47.024.2.a)
       
       
   11. The project site, which is located in commercial area consisting of former bay marshlands filled for development, is not located on or near a ridgeline. (Marin County Code Section 22.47.024.2.b)
       
       
   12. The project landscape design is intended to complement the architecture of the proposed building and to minimize visual impacts of the surrounding circulation and parking areas. The landscape plan utilizes species that are both drought- and fire-tolerant. (Marin County Code Section 22.47.024.2.c)
       
       
   13. All utility connections serving the project would be placed underground. (Marin County Code Section 22.47.024.2.d)
       
       
   14. The project would not exceed a maximum building height of 30 feet from finished grade to the top of an entry tower and 24.5 feet to the roof ridge. Being former marshland filled for development, the essentially level site does not contain natural grades. The predominant existing grade would be raised by fill 0 to 4 feet in an effort to meet minimum flood elevation regulations. As a result, the 30-foot high entry tower would attain a maximum height of 34 feet above the predominant existing grade, while the majority of the 24.5-foot high building would attain a maximum height of 28.5 feet above the predominant existing grade. Certain ancillary architectural features, such as the entry tower, may exceed the main building height limit pursuant to Marin County Code Section 22.70.040. (Marin County Code Section 22.47.024.2.e)
       
       
   15. The project materials and colors would blend unobtrusively into the environment. Primary materials and colors would be various rustic materials in earth-tone shades, including a light beige color for the horizontal wood siding, a medium brown color for the concrete shake roofing, a darker red-brown color for the wood trim, and light brown color for the river rock accents and split-face concrete block walls. (Marin County Code Section 22.47.024.2.f)
       
       
   16. Project noise impacts will be minimized. (Marin County Code Section 22.47.024.2.g)
       
       
   17. The proposed project, which would be constructed in compliance with State of California Title 24 Energy Regulations, would not require substantial amounts of fuel or energy for either construction or maintenance purposes. Further, the project would utilize contemporary water-conservation technology in all building plumbing fixtures, and the landscape architect has certified that the proposed landscape plan complies with County and Marin Municipal Water District water conservation requirements. (Marin County Code Section 22.47.024.2.h)
       
       
   18. The project neither proposes nor requires the dedication of open space lands. (Marin County
       
       
8. The proposed project, as modified by the recommended mitigation measures and conditions of approval, is consistent with the mandatory to approve a Lot Line Adjustment, as follows:
   
   
   1. The 1.33-acre project site would be established through a lot line adjustment between the lands of Back (Assessor Parcel 052-051-08) and the lands of Parish et al. (Assessor Parcels 052-051-10, -20, and -21; and 052-061-16). Both properties affected by this Lot Line Adjustment are separate legal lots of record.
      
      
   2. The Back property would be reconfigured and enlarged from 0.57 acres to 1.33 acres in size (+0.76 acres), while the Parish et al. property would be reduced from 6.16 acres to 5.40 acres in size (-0.76 acres). The Lot Line Adjustment would not result in the creation of additional lots or potential building sites.
      
      
   3. The Lot Line Adjustment would conform with all zoning and development provisions of Titles 18, 20, 22, and 24 of Marin County Code, including but not limited to minimum lot size, lot width, street frontage, and setbacks to all property lines.

SECTION 2: RESOLUTION

NOW, THEREFORE, LET IT BE RESOLVED, that the Marin County Planning Commission hereby recommends that the Marin County Board of Supervisors approve the Walgreens Master Plan 98-01, Precise Development Plan 98-05, and Lot Line Adjustment 98-08 application, subject to the following conditions:

Marin County Community Development Agency, Planning Division

1. This approval permits the construction of a Walgreens pharmacy-retail building and associated site improvements for the store, including a drive-through pharmacy window, 61 on-site parking spaces, a screened loading area, signs, and landscaping. The project site is approved to be enlarged through lot line adjustment to 57,980 square feet in size, and all existing buildings on the adjusted site shall be demolished. The approved, 13,803 square foot building shall attain a maximum height of 30 feet from finished grade to the top of an entry tower and 24.5 feet to the roof ridge. It shall be located at least 52 feet from the front property line to the east (Shoreline Highway), 42 feet from the side property line to the north, 64 feet from the rear property line to the west, and 80 feet from the side property line to the south. Total project sign area shall not exceed 137 square feet of sign area. The subject property is located at 227 Shoreline Highway, Mill Valley, and is further identified as Assessor’s Parcels 052-051-08, -10, -20, and -21; and 052-061-16.
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2. Valid grading and building permits shall be obtained from the Marin County Department of Public Works and the Community Development Agency, Building Inspection Division, for the work approved herein. EXCEPT AS MODIFIED HEREIN BY CONDITIONS OF APPROVAL, plans submitted for the required construction permits shall be in substantial conformance with architectural, civil, landscape, and lighting plans prepared by JMD Architecture, Robertson Engineering, Ralph J. Alexander & Associates, and O’Mahony & Myer, collectively identified as "Exhibit A" on file in the Marin County Community Development Agency, Planning Division.
   
   
3. This Master Plan, Precise Development Plan, and Lot Line Adjustment approval is valid for an initial two-year period. Upon written request by the project sponsor 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, Precise Development Plan, and Lot Line Adjustment approval shall not expire if a valid construction permits are obtained for the approved work, and the approved work is substantially completed in accordance with the secured permits.
   
   
4. PRIOR TO ISSUANCE OF THE BUILDING PERMIT, the project sponsor shall comply with the following requirements:
   
   
   1. The site plan or other first sheet of construction plans shall list all Conditions of Approval as notes, as determined by the Community Development Agency.
      
      
   2. The Lot Line Adjustment approved herein shall be vested either by recordation of deeds or a Record of Survey approved by the County Surveyor at the Marin County Recorder’s Office. It is recommended that points be set at the new property corners and that a Record of Survey be submitted to the County Surveyor for review and approval prior to recordation of the approved Lot Line Adjustment. The County Surveyor may waive the filing of a Record of Survey if a new boundary line already is adequately monumented, easily located due to existing monumentation, or based on such other physical circumstance as determined by the County Surveyor. If a Record of Survey is waived, appropriate deeds with a plat map and legal descriptions of the adjusted lots shall be submitted to the County Surveyor for review and approval prior to recordation of the approved Lot Line Adjustment. The Record of Survey or deeds to be recorded shall be in strict conformance with the approved Lot Line Adjustment map on Sheet C.3 of Exhibit A approved herein.
      
      
   3. The project sponsor 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 District ("MMWD") which confirms that landscape and irrigation plans have been approved pursuant to MMWD’s landscape water conservation requirements.
      
      
5. PRIOR TO PROJECT OCCUPANCY, the following requirements shall be satisfied:
   
   
   1. The approved landscaping and drip irrigation system shall be installed. The project sponsor shall request an inspection of the required landscaping and irrigation by the Marin County Community Development Agency at least five working days before the anticipated completion of the project. Failure to pass inspection would result in withholding of the Certificate of Occupancy and imposition of hourly fees for subsequent re-inspections.
      
      
   2. The project sponsor and the County shall enter into a Standard Performance Agreement to ensure the maintenance and survival of landscaping for a minimum period of three years. Such agreement would be secured by the project sponsor depositing a security in an amount sufficient to replace any landscaping that does not survive the term of the agreement.
      
      
   3. All exterior flashing, sheet metal, roof-top mechanical equipment, or other metal work shall be painted an appropriately subdued, non-reflective color.
      
      
6. The hours of operation shall be limited to 6:00 a.m. to midnight daily, with exception to inventorying and in-store stocking which may take place during non-business hours. All loading dock activities, including truck deliveries, shall be limited to the hours of 7:00 a.m. to 6:00 p.m.
   
   
7. No alcoholic beverage sales shall be permitted on site, unless the project sponsor obtains: (1) an approved Use Permit pursuant to provisions of Chapter 22.88 of Marin County Code, and (2) an approved sales license from the State Alcoholic Beverage Control Department.
   
   
8. The project sponsor is encouraged to give community residents priority for all available employment opportunities.
   
   
9. Any changes or modifications to the project shall be submitted to the Marin County Community Development Agency, Planning Division, for review and approval before the contemplated modifications may be initiated.
   
   Mitigation and Monitoring Measures of the Negative Declaration of Environmental Impact
   
   Please be advised that the following conditions of approval, numbers 10 through 22, have been derived from mitigation and monitoring measures recommended in the Negative Declaration. The source of each mitigation and monitoring measure is provided as a bracketed reference at the end of each condition. For example, (Geophysical, C.1) refers to geophysical mitigation measure C.1.
   
   
10. PRIOR TO ISSUANCE OF ANY GRADING OR BUILDING PERMIT, a Registered Civil Engineer with soils engineering expertise or a Registered Geotechnical Engineer shall perform a detailed, final geotechnical investigation of the project site for review and approval by the Marin County Department of Public Works. At a minimum, the investigation shall include the following:
    
    
    1. Additional subsurface exploration shall be conducted to determine the consistency of the fill.
       
       
    2. Previous estimates of site settlement shall be updated.
       
       
    3. Specific recommendations for site grading shall be developed to account for future differences in elevation between the building and the remaining site as a result of site settlement. Placement of a temporary surcharge fill and installation of wick drains to accelerate settlement or periodically filling the site as it settles shall be considered. Grade transitions shall be designed between the building and the subsiding fill surface. Exterior slabs, planter areas, walkways adjacent to the building, the loading dock, and utility lines shall be designed to account for settlement.
       
       
    4. Specific recommendations for site grading shall be developed to account for a potential increase to settlement rates on properties immediately adjacent to, and north of, the site. Over-excavation of existing fill and replacement with imported lightweight fill materials in these areas, such as volcanic rock or foamed concrete fill, shall be considered.
       
       
    5. Specific settlement and seismic design criteria and values for the foundation system shall be recommended. The foundation shall utilize pre-stressed concrete piles driven to bedrock below the bay mud, and the building and foundation shall be tied together so that they respond as a rigid, single unit during an earthquake.
       
       The Department of Public Works shall verify approval of the detailed, final geotechnical investigation and compliance with this condition. A Registered Civil Engineer shall design the grading and foundation plans, and a Registered Soils Engineer shall stamp and sign these plans certifying that they conform to the recommendations of the approved, final geotechnical investigation. The project engineer also shall verify to the Department of Public Works that the construction plans incorporate the engineering and seismic requirements of Marin County Code, Titles 23 (Grading) and 24 (Development Standards), and the Uniform Building Code. Periodic field investigations by the Department of Public Works and the project engineer during construction of the project will verify ongoing compliance with this condition. (Geophysical, C.1 - C.7)
       
       
11. PRIOR TO ISSUANCE OF ANY GRADING OR BUILDING PERMIT, the project sponsor shall submit with all construction plans an Erosion Control Plan that complies with construction guidelines of the Marin County Stormwater Pollution Prevention Program, which may include but are not limited to: siltation fencing, hay bales, and other drainage erosion control measures; stabilization of graded soils; hydroseeding; protection of graded soils from precipitation and runoff; and limiting construction equipment access. The Marin County Department of Public Works shall verify approval of the Erosion Control Plan in compliance with the Marin County Stormwater Pollution Prevention Program guidelines. All construction mitigation measures of the approved Erosion Control Plan shall be required to be implemented by the project sponsor prior to, and during, the rainy season from October 15 to at least April 15. Periodic field investigations by the Department of Public Works during construction of the project will verify ongoing compliance with the approved Erosion Control Plan. (Geophysical, C.8 - C.11)
    
    
12. PRIOR TO ISSUANCE OF A GRADING PERMIT, the project sponsor shall submit a Stormwater Pollution Prevention Plan, a component of an Erosion Control Plan, which complies with the Marin County Stormwater Pollution Prevention Program. Such a plan provides both interim (during construction) and long-term (post construction) stormwater pollution control measures. Best Management Practices shall be incorporated into the long-term site management program to ensure the removal of non-point source pollutants in stormwater runoff. At a minimum, drainage system filtering devices or traps shall be installed that would protect nearby water resources from discharges of petroleum-based pollutants collected on impervious parking surfaces. A long-term maintenance program for the regular maintenance, sweeping, and cleaning of parking areas and the drainage system shall be developed. The Marin County Department of Public Works shall verify approval of the Stormwater Pollution Prevention Plan in compliance with the Marin County Stormwater Pollution Prevention Program guidelines. Periodic field investigations by the Department of Public Works during construction of the project will verify ongoing compliance with the approved Stormwater Pollution Prevention Plan. PRIOR TO FINAL INSPECTION OF THE SITE IMPROVMENTS, including the drainage system, the Department of Public Works shall verify project compliance with the approved Storm Water Pollution Prevention Plan. PRIOR TO PROJECT OCCUPANCY, the project sponsor shall provide proof of a long-term maintenance agreement or contract for the regular maintenance, sweeping, and cleaning of parking areas and drainage system improvements. (Water, D.1 - D.5)
    
    
13. PRIOR TO ISSUANCE OF ANY GRADING OR BUILDING PERMIT, the project sponsor shall clearly note and incorporate the following dust and vehicular emissions control measures into the construction plans, documents, and specifications:
    
    
    1. All active construction areas shall be watered at least twice daily and more often during windy periods.
       
       
    2. All hauling trucks shall be covered when transporting excavated materials for off site disposal.
       
       
    3. All staging areas, roadways, and parking areas shall be paved temporarily, watered at least twice daily, or stabilized by application of non-toxic soil stabilizers.
       
       
    4. All excavated material stockpiles shall be enclosed, covered, watered at least twice daily, or stabilized by application of non-toxic soil stabilizers.
       
       
    5. Construction vehicles shall be limited to speeds of 15 miles per hour or less on unpaved roadways and disturbed or graded construction areas.
       
       
    6. All construction activities that cause visible dust plumes, which cannot be controlled by watering, shall be suspended immediately.
       
       
    7. All construction equipment using fossil fuel shall have installed required emission control devices that are in proper operational condition.
       
       
    8. All construction equipment shall be turned off when it is not in use.
       
       The Marin County Community Development Agency shall verify that the construction plans, documents, and specifications clearly note and incorporate these dust and vehicular emissions control measures in compliance with this condition. These measures also shall be incorporated into the grading permit conditions of approval. The Department of Public Works will conduct periodic site inspections during construction of the project to verify ongoing compliance with this condition. (Air Quality, E.1 - E.10)
       
       
14. The Flamingo Road intersection shall be signalized and left-turn lanes on the Shoreline Highway approaches shall be provided. Construction of this signal shall not exceed a cost of $159,000, which is the project’s fair share for sub-regional transportation improvements. PRIOR TO ISSUANCE OF A BUILDING PERMIT, a traffic improvement plan shall be submitted for review and approval by both the Marin County Department of Public Works and Caltrans for the required signalization and lane improvements to the Flamingo Road intersection. PRIOR TO PROJECT OCCUPANCY, a certified traffic engineer shall verify and certify in writing project compliance with the approved traffic improvement plan, as confirmed by the Department of Public Works and Caltrans. (Transportation and Circulation, F.1, F.6, and F.7)
    
    
15. At the southern right-turn in/right-turn out driveway connection to Shoreline Highway, raised channelization shall be provided to prohibit direct left-turn inbound or left-turn outbound movements. This improvement shall be provided in concert with signing and striping indicating "No Left Turn" and/or "Right Turn Only." If median improvements are necessary in the continuous two-way left-turn lane, then they shall be designed to allow continued use of this lane by southbound traffic desiring to turn left into properties on the east side. PRIOR TO ISSUANCE OF A BUILDING PERMIT, a traffic improvement plan shall be submitted for review and approval by both the Marin County Department of Public Works and Caltrans for the required southern right-turn in/right-turn out only driveway connection to Shoreline Highway. PRIOR TO PROJECT OCCUPANCY, a certified traffic engineer shall verify and certify in writing project compliance with the approved traffic improvement plans, as confirmed by the Department of Public Works and Caltrans. (Transportation and Circulation, F.2, F.6, and F.7)
    
    
16. At the northern driveway connection to Shoreline Highway, signs shall be provided in the project parking lot and on the approaches to the northern driveway that indicate the availability of other driveway connections to Shoreline Highway. PRIOR TO ISSUANCE OF A BUILDING PERMIT, a traffic improvement plan shall be submitted for review and approval by the Marin County Department of Public Works for the required traffic directional signs and striping. PRIOR TO PROJECT OCCUPANCY, a certified traffic engineer shall verify and certify in writing project compliance with the approved traffic improvement plan, as confirmed by the Department of Public Works. (Transportation and Circulation, F.3, F.6 and F.7)
    
    
17. The project sponsor shall pay a fair-share traffic mitigation fee for necessary cumulative improvements to the Almonte Boulevard intersection, including a second left-turn lane on the northbound approach of Shoreline Highway, a second westbound departure lane on Shoreline Highway, and a second right-turn lane on the eastbound approach of Shoreline Highway. The project’s total fair share for sub-regional transportation improvements shall not exceed a cost of $159,000, including improvements required by Condition 14 and payment of fair share traffic mitigation fees required herein and by Condition 18. PRIOR TO PROJECT OCCUPANCY, the Marin County Community Development Agency shall verify that the project sponsor has paid the required fair-share traffic mitigation fee for these cumulative improvements in compliance with this condition. (Transportation and Circulation, F.4 and F.8)
    
    
18. The project sponsor shall pay a fair-share traffic mitigation fee for necessary cumulative improvements to the segment of Shoreline Highway between Coyote Canal bridge and the Manzanita intersection, including a second southbound through lane. The project’s total fair share for sub-regional transportation improvements shall not exceed a cost of $159,000, including improvements required by Condition 14 and payment of fair share traffic mitigation fees required herein and by Condition 17. PRIOR TO PROJECT OCCUPANCY, the Marin County Community Development Agency would verify that the project sponsor has paid required fair-share traffic mitigation fee for these cumulative improvements in compliance with this condition. (Transportation and Circulation, F.5 and F.8)
    
    
19. PRIOR TO ISSUANCE OF A GRADING PERMIT, the project sponsor shall fund creation of a minimum, 0.1-acre of replacement wetland habitat at an off-site wetland conservation bank approved by the California Department of Fish and Game. If available, the preferred off-site mitigation area shall be located within the Tamalpais Valley community, such as Bothin Marsh. The project sponsor shall verify to the Marin County Community Development Agency that an approved mitigation plan and appropriate funding for the required replacement wetlands at an approved California Department of Fish and Game wetland conservation bank have been provided. The required replacement wetlands at an approved wetland conservation bank shall be subject to the specific monitoring and reporting measures contained in the authorization agreements and approvals from the appropriate Federal and State regulatory agencies, such as the U. S. Army Corps of Engineers, the U.S. Environmental Protection Agency, the U. S. Fish and Wildlife Service, and the California Department of Fish and Game. (Biological Resources, G.1 - G.3)
    
    
20. All loading dock activities, including truck deliveries, shall be limited to the hours of 7:00 a.m. to 6:00 p.m. These hours shall be posted at the loading dock in conspicuous locations. PRIOR TO PROJECT OCCUPANCY, the project sponsor shall provide proof of standard long-term delivery agreements or contracts to the Marin County Community Development Agency that verify loading dock activities and truck deliveries are limited to the hours of 7:00 a.m. to 6:00 p.m. Further, the Community Development Agency shall verify that these hours have been posted at the loading dock in conspicuous locations. (Noise, J.1 and J.3)
    
    
21. All mechanical equipment shall be designed so that the total noise generated by such equipment does not exceed existing ambient noise conditions at the backyards of the nearest Kay Park residences, as determined by average hourly daytime (7:00 a.m. to 10:00 p.m.) and nighttime (10:00 p.m. to 7:00 a.m.) Leq measurements. PRIOR TO ISSUANCE OF THE BUILDING PERMIT, a qualified acoustical consultant shall: (1) determine the average hourly daytime and nighttime Leq noise levels at the backyards of the nearest Kay Park residences; and (2) verify to the Marin County Community Development Agency that all mechanical equipment is designed so that total noise generated by such equipment does not exceed the determined existing daytime and nighttime ambient noise conditions at these backyards. (Noise, J.2 and J.4)
    
    
22. PRIOR TO ISSUANCE OF ANY GRADING OR BUILDING PERMIT, the project sponsor shall clearly note and incorporate the following construction noise mitigation measures into the construction plans, documents, and specifications:
    
    
    1. All powered construction equipment shall be maintained in a good operating condition and internal combustion engines shall be equipped with intake and exhaust mufflers.
       
       
    2. Powered construction equipment shall be turned off when not in use.
       
       
    3. Except for pile driving, all noise-generating construction activities shall be limited to the hours of 7:00 a.m. to 6:00 p.m., Monday through Friday, and 9:00 a.m. to 4:00 p.m. on Saturday. No construction activities shall be permitted on Sundays or holidays.
       
       
    4. Pile driving shall be limited to the hours of 9:00 a.m. to 4:00 p.m. on weekdays only. No pile driving shall be permitted on weekends or holidays.
       
       
    5. Pilot holes for the building piles shall be predrilled through the fill and upper bay mud to reduce the potential number of blows needed to seat each pile.
       
       The Marin County Community Development Agency shall verify that the construction plans, documents, and specifications clearly note and incorporate these construction noise mitigation measures in compliance with this condition. These measures also shall be incorporated into the grading permit conditions of approval. The Department of Public Works will conduct periodic site inspections during construction of the project to verify ongoing compliance with this condition. (Noise, J.5 - J.11)
       
       
23. The Mitigation Monitoring and Reporting Program for the Walgreens project is hereby approved. The detailed reporting checklist in a table format reflects the specific monitoring, implementation and timing provisions of the Negative Declaration mitigation measures outlined in Conditions 10 through 22 above. The reporting checklist shall serve the purpose of verifying project compliance with required Conditions 10 through 22. Responsible agencies, County staff and/or the project sponsor shall verify project compliance with these of approval through the reporting checklist.
    
    Marin County Department of Public Works, Land Use & Water Resources Division
    
    
24. PRIOR TO ISSUANCE OF A BUILDING PERMIT, the following requirements of the Marin County Department of Public Works shall be satisfied:
    
    
    1. A 10-foot wide right-of-way strip along the easterly frontage of the project site adjacent to Shoreline Highway shall be offered for dedication for State Highway purposes, if required by the Department of Public Works. This 10-foot wide offer for dedication shall coincide with the existing, 10-foot wide offers for dedication along the frontages of the Jasmine Place and Bertolli properties.
       
       
    2. The project moves an existing driveway aisle southwest of the site, which affects an existing parking area of adjacent buildings. Construction plans shall indicate the re-striping of parking areas affected by the project, subject to the review and approval of the Department of Public Works.
       
       
    3. The western property line of the project site would encroach into an existing driveway aisle. A 15-foot wide ingress and egress access easement shall be provided on the west side of the site. In lieu of the this requirement, the County may consider a floating reciprocal access and utilities easement between the owners of the project site and the Shoreline Shopping Center, subject to the review and approval of the Department of Public Works. All easements, whether existing and proposed, shall be indicated on the construction plans. All proposed easements shall be accompanied by the appropriate documentation.
       
       
    4. A final soils report shall be provided that addresses all concerns related to settlement and the placement of fill material on site.
       
       
    5. Appropriate permits, such as an encroachment permit from Caltrans, and other agencies may be necessary. It is the project sponsor’s responsibility to obtain all necessary permits from other agencies.
       
       
    6. The construction plans shall be reviewed by a Registered Soils Engineer. Proof of such review may be provided by a signed wet stamp on the plans or a stamped and signed letter.
       
       
    7. If grading is to be done between October 15 and April 15, a detailed Erosion Control Plan shall be submitted.
       
       
    8. A separate building permit is required for site retaining walls with a height of more than 3 feet (or 4 feet when the backfill area is not sloped).
       
       
    9. Construction plans shall include driveway and access cross sections.
       
       State Department of Transportation ("Caltrans")
       
       
25. PRIOR TO ISSUANCE OF A BUILDING PERMIT, encroachment permits shall be obtained from Caltrans for any work approved within the State Route 1 right-of-way.
    
    Tamalpais Fire Protection District
    
    
26. PRIOR TO PROJECT OCCUPANCY, the Fire Marshal of the Tamalpais Fire Protection District shall verify to the Marin County Community Development Agency that the project complies with the following requirements:
    
    
    1. A U.L. listed key box shall be provided.
       
       
    2. A fire hydrant (Jones Model 3760) capable of providing a fire flow of 1,000 gallons per minute shall be provided prior to framing the building. The hydrant placement, including water main extension, shall be reviewed and approved by both the Tamalpais Fire Protection District and Marin Municipal Water District.
       
       
    3. A fire sprinkler system shall be installed. Plans for the fire sprinkler system design shall be reviewed and approved by the Tamalpais Fire Protection District prior to installation.
       
       
    4. The street address shall be posted in accordance with requirements of the Uniform Fire Code.
       
       
    5. Smoke detectors shall be installed in accordance with requirements of the Uniform Building Code.
       
       
    6. Non-combustible roofing shall be required.
       
       
    7. An approved fire protection system shall be provided in accordance with standards established by the National Fire Protection Association. Such system shall be connected to the headquarters of the Tamalpais Fire Protection District through an approved U.L. central monitoring system.
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       Marin Municipal Water District ("MMWD")
       
       
27. PRIOR TO PROJECT OCCUPANCY, MMWD shall verify to the Marin County Community Development Agency that the project complies with requirements of the District to receive water service. Water service for the project is available if the following requirements are satisfied:
    
    
    1. A High-Pressure Water Service application shall be completed, and the appropriate fees shall be paid.
       
       
    2. A copy of the County-approved building permit shall be submitted to MMWD. The foundation of the structure shall be completed within 120 days of the date of the High-Pressure Water Service application.
       
       
    3. The landscape and irrigation plan shall be designed in accordance with MMWD landscape water conservation requirements.

SECTION 3: VESTING

NOW, THEREFORE, LET BE IT FURTHER RESOLVED that the applicant shall vest this Master Plan, Precise Development Plan, and Lot Line Adjustment approval by December 7, 2000, 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 four years may be granted for cause pursuant to Section 22.45.063 of Marin County Code. Vesting this Master Plan, Precise Development Plan, and Lot Line Adjustment approval entails securing valid construction permits for the approved work and substantially completing the approved work in accordance with the secured permits.

SECTION 4: VOTE

PASSED AND ADOPTED at a regular meeting of the Planning Commission of the County of Marin, State of California, on the 7th day of December, 1998, by the following vote to-wit:

AYES:

NOES:

ABSENT:

____________________________________________
PATTY GARBARINO, CHAIR
MARIN COUNTY PLANNING COMMISSION

Attest:

_______________________________
Alex Morales
Planning Commission Secretary

Suggestions and questions about this page and site content should be directed to Alexandra Morales amorales@marincounty.org 415-473-6269. Questions, comments, and suggestions about the site should be directed to Scott McKown.smckown@marin.org

December 5, 1998 sm