HomeMy WebLinkAboutCC Resolution 14729 (New 120-Residential Unit Mixed-Use Building - 703-723 Third St.)
Attachment 1
File Nos. UP18-008, ED18-018, & LLA18-001 1
RESOLUTION NO. 14729
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING A USE PERMIT (UP18-
008), ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED18-018) AND LOT LINE
CONSOLIDATION (LLA18-001) TO ALLOW THE CONSTRUCTION OF A 120-RESIDENTIAL
‘RENTAL’ UNIT, 73’-TALL, NEW MIXED-USE BUILDING WITH 121 MECHANICAL GARAGE
PARKING LIFTS AND 969 SQ. FT. OF GROUND-FLOOR COMMERCIAL SPACE WITH
HEIGHT AND DENSITY BONUSES AND A FRONT SETBACK WAIVER, LOCATED ON TWO
ADJACENT DOWNTOWN PARCELS AT 703-723 THIRD ST. AND 898 LINCOLN AVE.
(APNS: 011-278-01 & -02)
WHEREAS, on March 2, 2017, Planning staff completed Pre-application review (PA16-
007) of a proposal to construct a new, 74.5’-tall, residential building with 138 residential units
above 152 garage parking spaces, and requesting height and density bonuses and a front
setback waiver (Based on limits prescribed by the City’s General Plan and the Zoning
Ordinance, the maximum density for the project site is 45 residential units without a State
density bonus and the maximum height is 66’); and
WHEREAS, on June 20, 2017, the Design Review Board (Board) provided Conceptual
Design Review comments on the project, which reduced the height of the building, from 74.5’ to
66’, and the on-site parking, from 152 to 143 mechanical parking lifts, though continued the
density of 138 residential ‘rental’ units with density and height bonuses and a front setback
waiver. The Board’s comments included the need for a higher-quality ‘Gateway’ design that
eliminates upper-story projections over the sidewalk and incorporates upper-story ‘step-backs’
and ground-floor commercial space, particularly along the Tamalpais Avenue frontage; and
WHEREAS, on July 25, 2017, the Planning Commission (Planning Commission) also
provided Conceptual Design Review comments on the project that were similar to the Board’s
comments, but also recommended minimizing driveways/driveway widths along the Tamalpais
Avenue frontage and providing high-quality design on all building elevations, including the rear
elevation adjacent to the Marin Color Service site at 770 2nd St.; and
WHEREAS, on March 22, 2018, formal project applications were submitted to the
Community Development Department, Planning Division, requesting a Use Permit (UP18-008),
an Environmental and Design Review Permit (ED18-018) and a Lot Line Consolidation (LLA18-
001) for the current project, which reduced the density, from 138 to 120 residential ‘rental’ units,
and the on-site parking, from 143 to 121 mostly mechanical parking lifts, while increasing the
height of the building, from 66’ to 73’ and providing a 969 sq. ft. ground-floor commercial space.
The formal project continued to request density and height bonuses and a front setback waiver;
and
WHEREAS, on February 26, 2019, the Planning Commission held a study session to
provide preliminary comments, at the request of staff, on miscellaneous policy areas, including
the requested density bonus, height bonus and front setback waiver, and the proposed
mechanical parking lifts and the draft environmental (CEQA) findings. The Planning
Commission indicated their support for the current project, including staff’s preliminary
determination that the project is exempt from CEQA (California Environmental Quality Act),
pursuant to CEQA Guidelines Section 15332 (In-Fill Development Projects). However, the
Commission suggested that the project should explore providing greater affordability given the
amount of density bonus and improving the Tamalpais/Third St elevation for better gateway
design; and
Attachment 1
File Nos. UP18-008, ED18-018, & LLA18-001 2
WHEREAS, the project has voluntarily increased the proposed affordability, from nine
(9) Below-Market-Rate (BMR) units (5 units at very low-income household levels and 4 units at
low-income household levels) to 12 BMR units (5 units at very low-income household levels and
4 units at low-income household levels plus 3 units at the moderate-income household levels);
and
WHEREAS, on May 7, 2019, the Board reviewed the formal project for site and building
design and unanimously (4-0-2 vote with Board Member Kent and Paul absent; with PC Liaison
Davidson) recommended approval of the site and building design with enhanced “Gateway
Corner” (Third St. and Tamalpais Ave.) façade treatments (unique materials and colors); and
WHEREAS, on August 27, 2019, the San Rafael Planning Commission (Planning
Commission) held a duly noticed public hearing to consider a Use Permit (UP18-008), an
Environmental and Design Review Permit (ED18-018) and a Lot Line Consolidation (LLA18-
001) application, accepted and considered all oral and written public testimony and the written
report of Planning staff; and
WHEREAS, on August 27, 2019, following a public hearing and deliberation on the
project, the Planning Commission voted 5-2 (Commissioners Lubamersky and Schaefer voting
no) to adopt Planning Commission Resolution No. 19-10 to recommend approval of the project
to the City Council with the requested density and height bonuses, setback waiver and greater
affordability, subject to conditions of approval; and
WHEREAS, on October 7, 2019, the San Rafael City Council held a duly noticed public
hearing to consider a Use Permit (UP18-008), an Environmental and Design Review Permit
(ED18-018) and a Lot Line Consolidation (LLA18-001) application, accepted the Planning
Commission recommendation, and accepted and considered all oral and written public
testimony and the written report of Planning staff; and
WHEREAS, consistent with the provisions and requirements of the California
Environmental Quality Act (CEQA) Guidelines, the project has been reviewed and determined
to be categorically exempt from environmental review under CEQA Guidelines Section 15332
(Class 32, Infill Development Projects). As summarized in the January 21, 2019 memorandum
to the project file from Paul Jensen, Community Development Director, the project meets the
specific conditions of Class 32 to qualify for the exemption. Compliance with these required
conditions is supported by 12 technical studies and reports that have been prepared and cited
in the memorandum; these studies and reports are and on-file with the City. As such, a draft
Notice of Exemption has been prepared; and
WHEREAS, the custodian of documents which constitute the record of proceedings
upon which this decision is based is the Community Development Department;
NOW THEREFORE BE IT RESOLVED, the City Council of the City of San Rafael does
hereby make the following findings related to the applications for Use Permit (UP18-008),
Environmental and Design Review Permit (ED18-018) and Lot Line Consolidation (LLA18-001):
Attachment 1
File Nos. UP18-008, ED18-018, & LLA18-001 3
California Environmental Quality Act (CEQA)
Findings
Pursuant to CEQA (California Environmental Quality Act) Guidelines Section 15061, the
proposed project is exempt from CEQA pursuant to CEQA Guidelines Section 15332 (In-Fill
Development Projects).
Based on supporting studies submitted with the project and as documented in the Notice of
Exemption (Exhibit 6 to the August 27, 2019 staff report to the Planning Commission), the City
Council finds that a Class 32 categorical exemption under the CEQA Guidelines applies to this
in-fill development project by meeting specific criteria listed below:
a) The project is consistent with all applicable General Plan and policies and Zoning Ordinance
regulations as documented by the attached consistency tables (see Exhibits 3 and 4 to the
August 27, 2019 staff report to the Planning Commission);
b) The proposed development is located within the city limits on a project site no more than
five (5) acres substantially surrounded by urban uses given that the project site is comprised
of two adjacent Downtown parcels with 27,367 sq. ft. (0.63 acre) of total combined area.
The project is located within the jurisdictional boundaries of the City of San Rafael and is
surrounded by urban development;
c) The project site has no value as habitat for endangered or threatened species given that a
Biological Assessment was completed on the project site which determined no critical
habitat exists among the biological resources;
d) Approval of the project would not result in any significant impacts to traffic, noise, air quality
or water quality as confirmed by appropriate studies that were conducted, submitted and
reviewed by the appropriate city departments. The results are that no significant impacts
would result from the project which cannot be mitigated with standard conditions of
approvals;
e) The project site can be adequately served by all required utilities and public services given
that the site is currently served, and will continue to be served, by City services and non-city
agency service providers and the applicable service providers have indicated, through
design or conditions, support for the project.
Use Permit (UP18-008)
Findings
A. The proposed residential use within a commercial zoning district and the proposed use of
mechanical parking lifts to provide on-site parking for the project, as revised and
conditioned, will be in accord with the San Rafael General Plan 2020, the objectives of Title
14 of the San Rafael Municipal Code (the Zoning Ordinance) and the purposes of the 2/3
MUE District, in which the project site is located, given that;
1. As documented in the General Plan 2020 Consistency Table (Exhibit 3 to the August 27,
2019 staff report to the Planning Commission), the proposed project will implement and
promote the goals and policies of the San Rafael General Plan 2020;
2. As documented in the Zoning Ordinance Consistency Table (Exhibit 4 to the August 27,
2019 staff report to the Planning Commission), the proposed project will be consistent
with the objectives of the Zoning Ordinance; and
Attachment 1
File Nos. UP18-008, ED18-018, & LLA18-001 4
3. The proposed project will be consistent with the purposes of the 2/3 MUE District, given
that; a) The project will create multifamily residential use in the 2/3 MUE District, a
commercial zoning district, as part of mixed-use development; b) The project will provide
a wide variety of housing opportunities in mixed-use districts in terms of housing type
(market-rate and affordable residential ‘rental’ units) and sizes (studio units 342 - 539
sq. ft. in size, 1-bedroom units 545 - 795 sq. ft. in size, and 2-bedroom units 899 - 1,068
sq. ft. in size, c) The project will help promote San Rafael's Downtown area as a viable
commercial and financial center, and as an urban center with a mixture of civic, social,
entertainment, cultural and residential uses due to its unique location in the Downtown,
across from the SMART Downtown station and in close proximity to the relocated Bettini
Transit Center (whose exact location has not been determined at this time); future
residents are anticipated to frequent existing and future businesses in the Downtown
and help achieve the City’s goal of ‘alive-after-five’ by helping to activate the Downtown
in the evenings and on weekends; and d) The project will help create an inviting
appearance along Third St. frontage by installing new street trees and raised Corten
steel landscape planters along all three building frontages (Third St., Lincoln Ave. and
Tamalpais Ave.).
B. The proposed residential use within a commercial zoning district and the proposed use of
mechanical parking lifts to provide on-site parking for the project, as revised and
conditioned, will not be detrimental to the public healrth, safety or welfare, or materially
injurious to properties or improvements in the vicinity, or to the general welfare of the City,
given that; the project has been reviewed by appropriate City departments, non-City
agencies, the appropriate surrounding neighborhood groups (Downtown Business
Improvement District, Federation of San Rafael Neighborhoods, Gerstle Park Neighborhood
Assoc., Montecito Area Residents Assoc. Lincoln-San Rafael Hill Neighborhood Assoc.and
Bret Harte Community Assoc.), interested parties, the Design Review Board at two (2)
separate meetings (conceptual review on June 20, 2017 and formal project review on May
7, 2019) and the Planning Commission on two (2) separate occasions (conceptual review
on July 25, 2017 and study session on February 26, 2019) and conditions of approval have
been included to mitigate any potential negative impacts anticipated to be generated by the
proposed project;
In addition, the proposed mechanical parking lift system has been used in other residential
development projects, in similar settings and has proven to be effective and safe
mechanism to provide stacked parking. Lastly, appropriate measures have been included in
the project, as a condition of approval, to establish backup methods should the mechanical
parking lift fail in a power outage; and
C. The proposed residential use within a commercial zoning district and the proposed use of
mechanical parking lifts to provide on-site parking for the project, as revised and
conditioned, will comply with each of the applicable provisions of the Zoning Ordinance,
given that; as documented in the Zoning Ordinance Consistency Table (Exhibit 4 to the
August 27, 2019 staff report to the Planning Commission).
Environmental and Design Review Permit (ED18-018)
Findings
A. The project design, as revised and conditioned, will be in accordance with the San Rafael
General Plan 2020, the objectives of Title 14 of the San Rafael Municipal Code (the Zoning
Attachment 1
File Nos. UP18-008, ED18-018, & LLA18-001 5
Ordinance) and the purposes of Chapter 25 of the Zoning Ordinance (Environmental and
Design Review Permits), given that;
1. As documented in the General Plan 2020 Consistency Table (Exhibit 3 to the August 27,
2019 staff report to the Planning Commission), the proposed project will implement and
promote the goals and policies of the San Rafael General Plan 2020;
2. As documented in the Zoning Ordinance Consistency Table (Exhibit 4 to the August 27,
2019 staff report to the Planning Commission), the proposed project will be consistent
with the objectives of the Zoning Ordinance; and
3. The proposed project will be consistent with the purposes of Environmental and Design
Review Permits, given that: a) the project will maintain and improve the quality of, and
relationship between, development and the surrounding area to contribute to the
attractiveness of the City; b) the revised project design proposes a contemporary
design, similar to the nearby BioMarin campus buildings, though with unique façade
treatments (brick with Corten steel planters at the ground level and a mixture of stucco
and vertical and horizontal fiber cement board siding at the upper levels), greater
articulation, stepping back the upper stories and a more ‘residential’ window proportion;
c) the proposed 6-story scale was reviewed and supported by both the Board and the
Planning Commission during conceptual design review, the Commission again during
study session review and the Board again during formal project review and supported;
d) the project design has been revised to provide equal, high-quality design attention to
all four building elevations, including the rear elevation which is shared with 770 Second
St.; e) better vertical and horizontal articulation and step-backs of upper stories have
been incorporated into the revised project design; f) previously proposed upper-story
projections or encroachments over the sidewalk have been eliminated; g) extensive
landscaping in the form of street trees and Corten steel raise planter along all three
street fronts is proposed to help create a pedestrian scale; h) the project proposes to
orient pedestrian activity through the lobby area both through the main entry on Third St
and at the northwest corner of Third St./Lincoln Ave.; and i) photo simulations were
conducted on the project and submitted by the applicant, which indicated minor view
impacts from public vantage points.
B. The project design, as revised and conditioned, is consistent with all applicable site,
architecture and landscaping design criteria and guidelines for the Second/Third St. Mixed-
Use East (2/3 MUE) District in which the project site is located, given that:
1. The project design will be consistent with the maximum allowable density for the site,
which is 45 units based on 27,367 sq. ft. of total lot area, subject to requests for
automatic and discretionary density bonuses under the State Density Bonus law after
meeting mandatory affordable housing requirements;
2. The project will be consistent with the maximum height allowed (Uniform Building Code
1997) for the project site, which is 54’, subject to requests for automatic and
discretionary height bonuses under the State Density Bonus law after meeting
mandatory affordable housing requirements;
3. The project will be consistent with the minimum required yard setbacks, which is limited
to a 5’ front (Third St. frontage) setback, subject to a request for setback waiver under
the State Density Bonus law after meeting mandatory affordable housing requirements;
Attachment 1
File Nos. UP18-008, ED18-018, & LLA18-001 6
4. The project will be consistent with the minimum landscaping requirement for the project
site, which is 10% or 2,737 sq. ft. (The project proposes 12,555 sq. ft. of site
landscaping);
5. The project will be consistent with the maximum FAR (floor area ratio) allowed on the
project site by proposing 969 sq. ft. of ground-level commercial space located at the
northeast corner of the project site, at the corner of Third St and Tamalpais Ave. This
represents 0.035 FAR where a maximum 1.5 FAR or 41,050.5 sq. ft. of nonresidential
development is allowed on the project site in addition to the residential density;
6. The project will voluntarily provide 12,408 sq. ft. of private and common outdoor
recreational area or an average of 103.4 sq. ft. of outdoor recreational area per unit;
7. The provisions of Marin Municipal Water District’s (MMWD) most recent water
conservation and new ‘graywater’ requirements apply to the project, where MMWD
approval is required prior to the issuance of any building or grading permit;
8. The proposed project will be consistent with review criteria for Environmental and
Design Review Permits (Chapter 14.25 of the Zoning Ordinance), by proposing a
consistent, high-quality architectural design (colors and materials; scale; bulk and mass;
fenestration and articulation) throughout the project site; and
9. The formal project design was reviewed and recommended for approval by the Design
Review Board (Board) on May 7, 2019.
C. The project design, as revised and conditioned, minimizes adverse environmental impacts,
given that:
1. The project site is completely developed and disturbed and neither contains, nor is
immediately contiguous to, recognizable wetlands, creeks or similarly sensitive
environmental features, and it has not been identified in the San Rafael General Plan
2020 (Exhibit 38 – Threatened and Endangered Species) as a general location were
threatened and endangered species have been previously observed or maintain a
suitable habitat for their likely presence to be found; and
2. The project design minimizes adverse environmental impacts, given that a California
Environmental Quality Act (CEQA) review and clearance was prepared, based on
supporting studies submitted with the project, substantiating a Categorical Exemption
(Class 32; In-Fill Development Projects), as determined by a draft Notice of Exemption
(NOE), dated January 21, 2019 (Exhibit 7 to the August 27, 2019 staff report to the
Planning Commission).
D. The project design, as revised and conditioned, will not be detrimental to the public health,
safety or welfare, or materially injurious to properties or improvements in the vicinity, or to
the general welfare of the City, given that the project has been reviewed by appropriate City
departments, non-City agencies, the appropriate surrounding neighborhood groups
(Downtown Business Improvement District, Federation of San Rafael Neighborhoods,
Gerstle Park Neighborhood Assoc., Montecito Area Residents Assoc. Lincoln-San Rafael
Hill Neighborhood Assoc. and Bret Harte Community Assoc.), interested parties, the Design
Review Board at two (2) separate meetings (conceptual review on June 20, 2017 and
formal project review on May 7, 2019) and the Planning Commission on two (2) separate
occasions (conceptual review on July 25, 2017 and study session on February 26, 2019)
and conditions of approval have been included to mitigate any potential negative impacts
anticipated to be generated by the proposed project.
Attachment 1
File Nos. UP18-008, ED18-018, & LLA18-001 7
Lot Line Consolidation
Findings
A. The proposed lot line consolidation is consistent with the San Rafael General Plan 2020 and
any pertinent specific plan or neighborhood plan given that the use of the project site would
be mixed-use (both residential and non-residential uses) in compliance with the
Second/Third Street Mixed-Use (2/3MU) General Plan Land Use designation, and would not
result in the creation of any new lots but, rather, would reduce the two (2) existing legal
Downtown parcels into one (1).
B. The proposed lot line consolidation is in conformance with the Zoning Ordinance (Title 14)
and any other pertinent municipal code provisions, given that the consolidated parcel would
be in conformance with the development standards for the Second/Third Mixed Use East
(2/3 MUE) District, including minimum lot area, lot width and landscaping and maximum
floor area ratio (FAR), with the exception of height, density and front setback, and the
applicant has requested concessions to these standards under the State Density Bonus
law. The proposed Lot Line Consolidation would not result in any change to the existing
zoning classification or approve a change in use or additional construction which would
conflict with these zoning classifications and development standards.
C. The proposed lot line consolidation is in conformance with the Uniform Building Code
(UBC), given that the project application submittal has been reviewed by the Community
Development Department, Building Division, and determined to be in conformance with the
applicable California Building Code (CBC) or UBC regulations.
Density Bonus /Concessions/Waivers
Findings
A. The project complies with the City’s affordable housing requirement, pursuant to SRMC
Section 14.16.030, by providing 20% (9 units) of the maximum base density (45 units) as
“affordable” or Below-Market-Rate (BMR) units, with five (5) BMR units affordable to very
low-income households and four (4) affordable to low-income households.
B. By meeting the City’s affordable housing requirement, the project is automatically eligible for
a State Density Bonus of up to 35% (16 additional market-rate units) and up to three (3)
concessions.
C. By meeting the City’s affordable housing requirement, the project is also automatically
eligible for a twelve-foot (12’) height bonus under both the General Plan and SRMC Section
14.16.190, from 54’ to 66’.
D. The project proposes three (3) discretionary concessions/waivers: 1) An additional 59-unit
discretionary density bonus above the 35% density bonus provided by the State Density
Bonus law; 2) An additional seven-foot (7’) height bonus above the height bonus allowed by
the General Plan and Zoning Ordinance; and 3) A waiver from the required five-foot (5’)
landscaped front setback.
E. All three of the proposed concessions/waivers requested by the applicant, are considered
major concessions (SRMC 14.16.030.H.3.b.v) and therefore are subject to approval of the
City Council and require that the applicant demonstrate through a financial pro forma that
Attachment 1
File Nos. UP18-008, ED18-018, & LLA18-001 8
the concessions are needed to make the project financially feasible. As part of the formal
submittal, a financial pro forma was submitted by the developer.
F. The pro forma evaluates the Base Case Project (61 units, which includes the 35% density
bonus) as well as the Proposed Project (120 units). The actual pro forma and specific
numbers contained in the pro forma are proprietary information and the City is not allowed
to release those for public review. However, the City’s consulting economist has reviewed
all the information and prepared their analysis that provides the conclusions of their review
(Exhibit 6 of staff report). In summary, the review finds:
1. The Base Case scenario (61 units, which includes the 35% density bonus) is not
financially feasible. Based on the development costs, revenues and return metrics, the
developer margin would be negative, meaning the development costs would exceed the
revenues, and thus make the project not feasible to build. The review also concludes
that with even with potential savings on construction costs through value engineering,
the Base Case scenario is not feasible as the return margin would still be negative.
2. The Proposed Project scenario (120 units, including a 59-unit bonus above the state
density bonus) does yield a positive margin of return. However, that return does not
achieve a high enough margin to be financially feasible according to typical return
metrics. The review does conclude that if construction costs are lowered by 15%, it
would be within the range of development feasibility, consistent with other projects in
high demand locations. The additional density requested in the Proposed Project
scenario enhances financial feasibility by reducing development costs per housing unit.
3. Additionally, in response to the Planning Commission’s suggestion during the study
session to explore additional affordability, a third scenario was evaluated by the City’s
economist, which has been called Alternative 1. This scenario evaluated a 120-unit
project, of which 18 units (20% of the 59-unit additional density bonus) are BMR units
(10 very low-income household levels and 8 low-income household levels). The review
concludes that, given the significant reduction in revenues from doubling the number of
affordable housing units, Alternative 1 is also not financially feasible without a significant
reduction in construction costs as the return margin would be negative.
G. In addition to the density bonus request, there are other considerations when evaluating
this project’s proposed density.
1. The zoning for this site not only allows for residential density of 1 unit/600 sq. ft, but also
allows for non-residential (commercial) intensity of up to a 1.5 FAR (Floor Area Ratio).
These are different metrics, where density is based on number of units, and does not
factor size of units, while FAR is based on square footage. For this site, the 1.5 FAR
would allow up to 41,051 sq. ft, which for this site would translate to approximately two
entire floors of the proposed building.
2. Although residential density is not regulated by square footage, the proposed project
hosts 120 units in approximately 81,442 sq. ft of building area dedicated to residential
use, which translates to an average of 678 sq. ft/unit. As an example, a building of the
same size could be proposed as:
• 45 units in 6 stories, with the average unit being 1,809 sq. ft/unit,
• 61 units (State density bonus max) in the same 6 stories, with the average unit
being 1,313 sq. ft/unit.
Attachment 1
File Nos. UP18-008, ED18-018, & LLA18-001 9
Given the need for housing in San Rafael as well as throughout the State, the
Commission finds that a greater number of smaller units (120 units) as proposed would
be more beneficial to the community. This is an opportunity site, close to transit, in the
heart of downtown and is possibly the most appropriate location for higher density
housing. It would also serve as a catalyst for other downtown housing projects
3. Other factors to consider for density include height, design, environmental resources
(including historical), parking and traffic capacity:
a. For height the project is impacted by FEMA requirements that require a +2 ft
increase of height.
b. The stacker parking system requires a 22-ft first floor plate height.
c. Stepping of the building as well as provision of horizontal articulation have
resulted in additional height to address design related comments by the DRB as
means to reduce perceived bulk and mass from all four building elevations.
d. The site has no historical or environmental resources, given it is fully graded and
developed with nondescript, postmodern commercial buildings.
e. The traffic generation from the project was evaluated against the City’s level of
service standards. A Transportation Impact Analysis report (Fehr & Peers
Transportation Consultants, revision dated January 14, 2019) originally
submitted for the project was revised to expand the study area and to modify the
methodology used in the analysis. The results of the updated trip generation
calculation indicate that, based on traffic counts of existing land use trips, and
with deductions applied for ‘walk, bike and transit’ trips due to the site’s proximity
to the Downtown, the SMART station and the transit center, the project would
result in 33 net new AM peak hour trips (7- 9am weekdays) and 26 PM net new
peak hour trips (4-6pm weekdays).
The Transportation Impact Analysis report indicates surrounding
intersections and arterials would continue to operate (existing plus project
volumes) acceptably per the City’s LOS (Level of Service) standards in
the General Plan
The results of the Transportation Impact Analysis report have been
confirmed by the City’s Traffic Engineer. Staff finds the proposed density
(120 units) would result in negligible traffic impacts which are off-set by
the payment of traffic mitigation fees on the 59 new peak hour trips
anticipated to result from the project.
f. In terms of parking, the project would provide more parking than that required by
the State for projects near transit. The project is required to provide 82 spaces
and would provide 121 total spaces (composed of 109 resident parking + 12
ADA, ride share, drop off and EV parking spaces).
4. The city’s consulting 3rd party economist has determined that the proposed additional
density bonus, height bonus and setback waiver all result in “identifiable, financially
sufficient and actual cost reductions” (underline added) to the project (see Exhibit 6 to
the August 27, 2019 staff report to the Planning Commission).
Attachment 1
File Nos. UP18-008, ED18-018, & LLA18-001 10
BE IT FURTHER RESOLVED, that the City Council of the City of San Rafael does
hereby approve the Use Permit (UP18-008), Environmental and Design Review Permit (ED18-
018), and Lot Line Consolidation (LLA18-001), including the density bonus and
waivers/concessions, based on the findings of fact above and, subject to the following
conditions of approval:
Use Permit (UP18-008)
Conditions of Approval
General and On-Going
Community Development Department, Planning Division
1. This Use Permit (UP18-008) approves development of 120 residential ‘rental’ units or
apartments above 969 sq. ft. of ground-floor commercial space and 121 mechanical garage
parking lifts, which shall always comply with the adopted performance standards for
residential uses in commercial districts (currently SRMC section 14.17.100).
2. This Use Permit approves a Parking Modification to allow 109 of the 121 spaces to be
provided by mechanical jig saw lifts for the residents. The remaining 12 parking spaces are
to be provided as at-grade, non-mechanical lift parking spaces for electric vehicle (EV),
visitor, ADA and car share parking.
3. This Use Permit does not allow the subsequent conversion of the approved residential
‘rental’ units or apartments to individual condominium units without a separate Tentative
Map application submittal to the Community Development Department, Planning Division, in
compliance with SRMC Title 15, and review and approval by the Planning Commission. Any
Tentative Map application shall also require submittal to amend this Use Permit and the
Environmental and Design Review Permit (ED18-018) for the project.
4. This Use Permit requires the project to include a secondary or backup power source to
operate the mechanical parking lift system in case of power outage.
5. This Use Permit requires the project reserve a minimum of 82 mechanical parking spaces,
for exclusive use by the residents, which is the reduced parking requirement under the
State Density Bonus law.
6. This Use Permit requires the project reserve a minimum of three (3) on-site parking spaces
for the exclusive use by customers of the ground-floor commercial space, which is the
reduced parking requirement under the City’s parking code.
7. This Use Permit requires the project provide a minimum of four (4) short-term bicycle
parking spaces, in compliance with the adopted design standards (SRMC section 14.18.090
(E), and accessible at all times.
8. This Use Permit shall run with the land and shall remain valid regardless of any change of
ownership of the project site, subject to the conditions presented in this resolution. This Use
Permit will fully vest once a building/grading permit is issued and ‘substantial construction’ is
commenced or a time extension request is submitted to the City’s Community Development
Department, Planning Division, within two (2) years of original approval, or October 7,
2021 (‘Substantial construction’ is defined as the pouring of all required foundations and the
installation of vertical components, such as exterior walls). Failure to obtain a
Attachment 1
File Nos. UP18-008, ED18-018, & LLA18-001 11
grading/building permit and commence ‘substantial construction’ or submit a time extension
request by the specified date will result in the expiration of this Use Permit.
9. This Use Permit shall run concurrently with the Environmental and Design Review Permit
(ED18-018) approval. If the Environmental and Design Review Permit approval expires, this
Use Permit approval shall also expire and become invalid.
Environmental and Design Review Permit (ED18-018)
Conditions of Approval
General and On-Going
Community Development Department, Planning Division
1. The building techniques, colors, materials, elevations and appearance of the project, as
presented to the City Council at their October 7, 2019 hearing, and on file with the
Community Development Department, Planning Division, shall be the same as submitted for
building permits to the Community Development Department, Building Division, subject to
the conditions presented in this resolution. Minor modifications or revisions to the project
shall be subject to review and approval of the Community Development Department,
Planning Division. Further modifications deemed not minor by the Community Development
Director shall require review and approval by the original decision-making body, the City
Council, and may require review and recommendation by the City’s Planning Commission
and Design Review Board.
2. The approved colors for the project are on file with the Community Development
Department, Planning Division. Any future modification to the color palette shall be subject
to review and approval by the Planning Division and those modifications not deemed minor
shall be referred to the Design Review Board for review and recommendation prior to
approval by the Planning Division.
3. This Environmental and Design Review Permit approves the demolition of two existing
commercial buildings (a two-story commercial building at 703 Third St. and a one-story
commercial building at 723 Third St./898 Lincoln Ave.) and the construction of a 120-unit,
73’-tall, ‘rental’ residential or apartment building with 121 mechanical garage parking lifts
and 969 sq. ft. ground-floor commercial space.
4. All ‘off-haul’ of excavation and delivery/pick-up of construction equipment shall occur during
off-peak weekday hours, between 9:00 a.m. and 4:00 p.m., Monday through Friday only.
5. Consistent with the standard noise ordinance requirements for construction (SRMC Chapter
8.13), all grading and construction activities shall be limited to 7 a.m. to 6 p.m., Monday
through Friday, and 9 a.m. to 6 p.m., Saturdays. All grading and construction activities are
strictly prohibited on Sundays and State- or federally-recognized holidays.
6. Final landscape and irrigation plans for the project shall comply with the provisions of Marin
Municipal Water District’s (MMWD) water conservation ordinance and graywater recycling
system requirements in effect at the time of building permit submittal. Construction plans
submitted for issuance of building/grading permit shall be pre-approved by MMWD and
stamped as approved by MMWD or include a letter from MMWD approving the final
landscape and irrigation plans. Modifications to the final landscape and irrigation plans, as
Attachment 1
File Nos. UP18-008, ED18-018, & LLA18-001 12
required by MMWD, shall be subject to review and approval of the Community Development
Department, Planning Division.
7. All new landscaping shall be irrigated with an automatic drip system and maintained in a
healthy and thriving condition, free of weeds and debris, at all times. Any dying or dead
landscaping shall be replaced in a timely fashion.
8. All site improvements, including but not limited to the site lighting, hardscape, and paving
striping shall be maintained in good, undamaged condition at all times. Any damaged
improvements shall be replaced in a timely manner.
9. The site shall be kept free of litter and garbage. Any trash, junk or damaged materials that
are accumulated on the site shall be removed and disposed of in a timely manner.
10. All public streets and sidewalks and on-site streets which are privately owned that are
impacted by the grading and construction operation for the project shall be kept clean and
free of debris at all times. The general contractor shall sweep the nearest street and
sidewalk adjacent to the site on a daily basis unless conditions require greater frequency of
sweeping.
11. All submitted building permit plan sets shall include a plan sheet incorporating these
conditions of approval.
12. If archaeological or cultural resources are discovered during excavation/grading activities,
all work will stop within 100 feet of the resource and the qualified archaeologist will be
notified immediately. The qualified archaeologist will contact Federated Indians of Graton
Rancheria (FIGR) and the Planning Division and coordinate the appropriate evaluation of
the find and implement any additional treatment or protection, if required. No work shall
occur in the vicinity until approved by the qualified archaeologist, FIGR and Planning staff.
Prehistoric resources that may be identified include, but shall not be limited to,
concentrations of stone tools and manufacturing debris made of obsidian, basalt and other
stone materials, milling equipment such as bedrock mortars, portable mortars and pestles
and locally darkened soils (midden) that may contain dietary remains such as shell and
bone, as well as human remains. Historic resources that may be identified include, but are
not limited to, small cemeteries or burial plots, structural foundations, cabin pads, cans with
soldered seams or tops, or bottles or fragments or clear and colored glass.
13. If human remains are encountered (or suspended) during any project-related activity, all
work will halt within 100 feet of the project and the project sponsor shall contact both
Planning staff and the County Coroner. If the County Coroner determines that the human
remains are of Native American origin, the Planning staff shall notify FIGR within 24-hours
of such identification who will work with Planning staff to determine the proper treatment of
the remains. No work shall occur in the vicinity without approval from Planning staff.
14. This Environmental and Design Review Permit shall run with the land and shall remain valid
regardless of any change of ownership of the project site, subject to the conditions of this
resolution. This Environmental and Design Review Permit will fully vest once a
building/grading permit is issued and ‘substantial construction’ is commenced or a time
extension request is submitted to the City’s Community Development Department, Planning
Division, within two (2) years of original approval, or October 7, 2021. (‘Substantial
construction’ is defined as the pouring of all required foundations and the installation of
Attachment 1
File Nos. UP18-008, ED18-018, & LLA18-001 13
vertical components, such as exterior walls). Failure to obtain a grading/building permit and
commence ‘substantial construction, or failure to obtain a time extension within the two-year
period, will result in the expiration of this Environmental and Design Review Permit.
15. This Environmental and Design Review Permit shall run concurrently with the Use Permit
(UP18-008) approval. If the Environmental and Design Review Permit expires, the Use
Permit approval shall also expire and become invalid.
Prior to Issuance of Demolition Permits
Community Development Department, Planning Division
16. Prior to issuance of a demolition permit, the project sponsor shall submit verification that the
requirements of the Bay Area Air Quality Management District (BAAQMD) have been met
and necessary permits have been issued for demolition of the existing buildings.
17. Prior to the issuance of a demolition permit, the applicant shall submit written verification
from a pest control consultant indicating that the project site has been serviced to eliminate
rodents.
18. Prior to issuance, the conditions listed in condition of approval #107 below shall be noted on
the demolition plan.
Community Development Department – Building Division
19. Any demolition of existing structures will require a permit. Submittal shall include three (3)
copies of the site plan, asbestos certification and PG&E disconnect notices. Also,
application must be made to the Bay Area Air Quality Management District prior to obtaining
the permit and beginning work.
Public Works Department - Traffic Engineering Division
20. Prior to demolition permit, the applicant shall submit a detailed traffic control plan for review
and approval of the traffic division. All traffic from any off-haul of demolition materials shall
be conducted outside of the A.M. or P.M. peak hours (after 9:00 A.M and before 4:00 P.M.).
21. All construction staging shall occur on-site or another site with appropriate approvals from
property owner. No staging shall occur on City right-of-way without review and approval of
the Public Works Department.
22. A plan for the demolition shall be submitted for review and approval of the City Traffic
Engineer. This plan shall indicate the haul/truck routes, size of trucks to be used for hauling
off-haul and the frequency/times of any off-haul.
Prior to Issuance of Grading/Building Permits
Community Development Department, Planning Division
23. Due to the proximity of the project site to San Rafael Creek, a qualified archaeologist shall
conduct archival and field study to identify the presence of archaeological resources,
including a good faith effort to identify archaeological deposits that may show no indications
on the surface. Field study may include, but is not limited to, hand auger sampling, shovel
test units, or geoarchaeological analysis, as well as other common methods used to identify
the presence of buried archeological resources. A list of qualified archaeologists, who meet
the Secretary of Interior’s Standards, may be found at http://www.chrisinfo.org. If
Attachment 1
File Nos. UP18-008, ED18-018, & LLA18-001 14
archaeological resources are discovered, protocols dictated by Conditions #12 and #13
(ED18-018) shall be followed.
24. To reduce potential exterior noise impacts in common outdoor areas within the project to
meet the City’s 65 dBA noise limit, the roof deck shall include a six-foot (6’)-high solid
parapet wall.
25. To reduce measured traffic and predicted train noise levels in habitable residential rooms to
meet the City’s interior noise limits, all exterior window and balcony doors shall meet STC
rating of STC 36 or higher. Corner units may require exterior windows and doors with higher
ratings. Some exterior walls may require additional layers of gypsum board.
a. Prior to building permit issuance, a follow-up acoustical study is required to be
submitted to the Community Development Department, Planning Division, with final
recommendations on window, balcony door, and exterior wall STC rating
requirements. This acoustical study shall also review any alternate means of
achieving outdoor air and confirm that any mechanical ventilation system will not
compromise the noise reduction provided by the window, balcony door and wall
assembly.
26. To reduce potential temporary construction and grading noise impacts on the project site to
meet the City’s 90 dBA noise limit, the applicant shall demonstrate to the satisfaction of the
Community Development Department, Planning Division, that the project complies with the
following:
a. Construction contracts specify that all construction and grading equipment, fixed or
mobile, shall be equipped with properly operating and maintained mufflers and other
State-required noise attenuation devices.
b. Property owners and occupants located within 250 feet of the project boundary shall
be sent a notice, at least 15-days prior to commencement of construction or grading
of each phase, regarding the construction or grading schedule of the project. A sign,
legible at a distance of 50 feet shall also be posted at the project site. All notices and
signs shall be reviewed and approved by the Community Development Director (or
designee), prior to mailing or posting and shall indicate the dates and duration of
construction or grading activities, as well as provide a contact name and a telephone
number where residents and business owners can inquire about the construction or
grading process and register complaints.
c. The General Contractor shall provide evidence that a construction staff member
would be designated as a Noise Disturbance Coordinator and would be present on-
site during construction or grading activities. The Noise Disturbance Coordinator
shall be responsible for responding to any local complaints about construction or
grading noise. When a complaint is received, the Noise Disturbance Coordinator
shall notify the Community Development Department, Planning Division, within 24-
hours of the complaint and determine the cause of the noise complaint (e.g., starting
too early, bad muffler, etc.) and shall implement reasonable measures to resolve the
complaint, as deemed acceptable by the Community Development Director (or
designee). All notices that are sent to residential units and business owners
immediately surrounding the project site and all signs posted at the project site shall
include the contact name and telephone number for the Noise Disturbance
Coordinator.
Attachment 1
File Nos. UP18-008, ED18-018, & LLA18-001 15
d. The applicant shall demonstrate to the satisfaction of the Community Development
Director (or designee) that construction and grading noise reduction methods shall
be used where feasible. These reduction methods include shutting-off idling
equipment, installing temporary acoustic barriers around stationary construction and
grading noise sources, maximizing the distance between construction and grading
staging areas and occupied residential and commercial areas, and electric air
compressors and similar power tools.
e. Construction and excavation/grading off -haul truck routes shall be designed to avoid
noise sensitive uses (e.g., residences, assisted senior living facilities, hospitals, etc.)
to the greatest extent feasible.
f. During construction and grading, stationary equipment shall be placed such that
emitted noise is directed away from sensitive noise receivers.
27. All communal refuse and recycling facilities shall be fully-screened from public view. The
applicant shall obtain and submit a letter from Marin Sanitary Service approving the location
and sizing of these facilities with the building permit plans.
28. The project sponsor shall inform the contractor, general contractor or site supervisor of
these requirements and shall be responsible for informing subcontractors of these
requirements and for implementing these measures on the site.
29. Any outstanding Planning Division application processing fees shall be paid prior to grading
or building permit issuance.
30. All mechanical equipment (i.e., air conditioning units, meters and transformers) and
appurtenances not entirely enclosed within the building shall be fully-screened from public
view. The method used to accomplish the screening shall be indicated on the building plans
and approved by the Planning Division.
31. An acoustical test report of all sound-rated windows and doors, by a qualified (licensed)
acoustical consultant, shall be submitted to Planning, ensuring that the selected windows
and doors would reduce the interior noise levels to normally acceptable levels adopted by
the City (i.e., 40 dBA in bedrooms and 45 dBA in all other rooms).
32. A Construction Management Plan (CMP) shall be prepared and submitted to the
Community Development Department, Planning Division, for review and approval. The CMP
shall include
a. Projected schedule of work,
b. Projected daily construction truck trips,
c. Proposed construction truck route, location of material staging areas,
d. Location of construction trailers, location of construction worker parking,
e. Designated contact information for contractor and property owner to be posted on
site in case of noise or other construction-related activities.
f. Statement that the project shall conform to the City’s Noise Ordinance (Chapter 8.13
of the San Rafael Municipal Code),
g. Statement that no construction truck traffic shall encroach into any of the
surrounding residential neighborhood streets at any time, and
h. Statement that the existing roadway conditions on Third St., Tamalpais Ave. and
Lincoln Ave. shall be memorialized on digital recording format prior to the start of
Attachment 1
File Nos. UP18-008, ED18-018, & LLA18-001 16
construction and that the project sponsor shall be required to repair any roadway
damage created by the additional construction truck traffic.
i. In the event that the CMP is conflicting with any conditions imposed by the grading
permit for the project, the more restrictive language or conditions shall prevail.
33. The project shall mitigate potential air quality impacts associated with construction and
grading activities by preparing and submitting a Dust Control Plan to the City of San Rafael
Community Development Department for review and approval. This Dust Control Plan shall
implement BAAQMD (Bay Area Air Quality Management District) established standard
measures (Basic Construction Mitigation Measures) for reducing fugitive dust emissions,
including but not limited to:
• All exposed surfaces (e.g., parking areas, staging areas soil piles, graded areas and
unpaved access roads) shall be watered two times per day.
• All haul trucks transporting soil, sand, or other loose material off-site shall be
covered.
• All visible mud or dirt tracked-out onto adjacent public roads shall be removed using
wet power vacuum street sweepers at least once per day. The use of dry power
sweeping is prohibited.
• All vehicle speeds on unpaved roads shall be limited to 15 mph.
• All roadways, driveways, and sidewalks to be paved shall be completed as soon as
possible.
• Building pads shall be laid as soon as possible after grading unless seeding or soil
binders are used.
• Idling times shall be minimized either by shutting equipment off when not in use or
reducing the maximum idling time to five (5) minutes (as required by the California
airborne toxics control measure; Title 13, Section 2485 of California Code of
Regulations (CCR)). Clear signage shall be provided for grading and construction
workers at all access points.
• All construction equipment shall be maintained and properly tuned in accordance
with manufacturer’s specifications. All equipment shall be checked be a certified
mechanic and determined to be running in proper condition prior to operation.
34. The Project sponsor shall inform the contractor, general contractor or site supervisor of
these requirements and shall be responsible for informing subcontractors of these
requirements and for implementing these measures on the site.
35. A dust control / noise control coordinator shall be designated for the Project.
a. A publicly visible sign shall be posted on the site with the telephone number and the
name of person regarding dust or construction complaints. This person shall be the
applicant or on the contractor team and shall have the authority to take corrective
action. The coordinator shall respond to any complaints and take corrective action
within 48 hours of receipt. The BAAQMD phone number and City of San Rafael
phone numbers shall also be visible to ensure compliance with applicable
regulations.
b. Prior to issuance of the building permit, the form, design and content of the sign
shall be reviewed and approved by the Planning Division.
36. The project shall comply with the City’s inclusionary or affordable housing requirement
(currently Section 14.16.030 of the SRMC) plus the additional affordable housing required
Attachment 1
File Nos. UP18-008, ED18-018, & LLA18-001 17
by the City to grant the applicant’s request for both a height bonus and a density bonus
beyond provisions provided by the State Density Bonus law:
a. The project is required to provide nine (9) below-market-rate or BMR units
composed of five (5) BMR units at the very low-income household level and four (4)
BMR units at the low-income household level) to comply with the City’s inclusionary
or affordable housing requirement; plus
b. As offered by the applicant, the project shall provide an additional three (3) BMR
‘studio’ units at the moderate-income household level for a period ten (10) years.
c. The project sponsor is required to enter into a BMR (below-market-rate) agreement
with Marin Housing Authority, deed-restricting the income level for occupancy of the
affordable units and obtain City Council approval of the BMR agreements. The
configuration of the BMR units shall reflect the generally configuration of the total
units approved by the project, except for the three (3) BMR units at the moderate-
income household level which will be ‘studio’ units. These BMR units shall be spread
out evenly throughout the floors of the new building. The specific location of these
BMR units may ‘float’ though they shall not be ‘bunched’ together. These BMR units
shall be comparable in size, finishes and unit mixture to the market rate units.
Department of Public Works
37. A grading permit is required for the project from the Department of Public Works (111
Morphew St.). The grading permit submittal shall include a site-specific erosion and
sediment control plan
38. The project sponsor shall obtain an encroachment permit for any work within the Right-of-
Way (ROW) from the Department of Public Works. Access to the adjacent properties shall
be maintained throughout construction unless alternative arrangements are made.
39. All exterior doors shall not swing into the public Right-of-Way (ROW), pursuant to CBC
3202.2).
40. Given the scope of the project and available staff time, third party inspection may be
required on behalf of the City. If determined necessary by the Department of Public Works,
a deposit may be required to fund inspection activity, including but not limited to grading,
traffic, drainage, and access.
41. Frontage improvements shall include new sidewalk, curb and gutter. Any reduction in the
frontage improvements shall be determined by the Department of Public Works at the time
of issuance of a building permit, or as approved based on field observations during
construction. Repaving extents of the adjacent roadways shall be determined at the time of
encroachment permit application. For moratorium streets full width resurfacing shall be
required.
A conduit shall be provided along the frontage, to serve future City communication system
upgrades, such as signal interconnection.
42. This site is located within Special Flood Hazard Area Zone AH with a Base Flood Elevation
(BFE) of 11.0 feet. Improvements shall meet FEMA’s flood damage resistant materials
guidelines as provided in Technical Bulletin 2. The areas located below the base flood
elevation shall be designed to resist hydrodynamic forces and include protection for
Attachment 1
File Nos. UP18-008, ED18-018, & LLA18-001 18
mechanical and electrical systems as required in Technical Bulletin 7. More information is
available on FEMA’s website, with Technical Bulletins listed at:
https://www.fema.gov/media-library/collections/4.
43. This project includes more than 5,000 square feet of total impervious area replacement and
creation and is a regulated project. Applicant shall provide a stormwater control plan in
compliance with MCSTOPPP requirements. This is a short-written document to accompany
the plan set. A stormwater facilities maintenance agreement is also required. More
information is available from MCSTOPPP, hosted on the Marin County Website. See tools
and guidance, and post construction requirements at:
http://www.marincounty.org/depts/pw/divisions/mcstoppp/development/new-and-
redevelopment-projects.
44. Prior to building permit issuance, additional information on the maintenance of the proposed
stormwater bioretention treatment facilities as well as a stormwater facility maintenance
agreement shall be required.
45. A construction vehicle impact fee shall be required at the time of building permit issuance;
which is calculated at 1% of the valuation, with the first $10,000 of valuation exempt.
46. The project shall pay traffic mitigation fees (currently $250,514, based on 59 net new peak
hour (33 a.m. and 26 p.m.) traffic trips (59 x $4,246), to be determined at the time of
building permit issuance. The final fee shall include a reduction based on the number of
peak hour trips resulting from the 12 affordable or BMR units required by the project.
Additional traffic control enhancements may be required in and around the project site, as
discussed in the revised traffic study (Fehr and Peers, dated January 14, 2019) for the
project.
San Rafael Sanitation District (SRSD)
47. Prior to building permit issuance, sewer connection fees are required for the proposed new
residential units (currently $1,159,152.00, based on 120 units at $9,659.60 per unit).
48. New sewer connection fees are required for the commercial space as well, if plumbing
fixtures are proposed. These fees have not been calculated by SRSD.
49. Credit for existing plumbing fixtures has not been calculated. To receive credit for these
fixtures in the existing buildings proposed for demolition, the project sponsor shall submit
plans to SRSD that include a full inventory of the existing facilities accompanied by photos.
50. Applicant shall provide calculations to SRSD on the potential wastewater flow that will be
generated daily from the proposed 120 residential units and any commercial space.
51. Reference Civil Drawing Sh. C.5:
a. A backflow prevention device is required for the project.
b. The sewer lateral shall be connected to the sewer mainline using a wye connection
and shear band couplings.
c. Drainage to the trench drains shall be limited to the water flow from within the
enclosed garage area. No stormwater runoff from the sidewalk or any area outside
the garage shall drain to the trench drains that connect to the sanitary sewer system.
Attachment 1
File Nos. UP18-008, ED18-018, & LLA18-001 19
Community Development Department, Building Division
52. School fees will be required for the project to be paid to the School district, prior to issuance
of a building permit. Calculations for the fee are done by San Rafael City Schools, and
those fees (currently computed at $3.79 per square foot of new living area and $0.61 per
square foot of new non-living building area) are paid directly to them (currently 310 Nova
Albion Way, San Rafael, CA 94903). Proof of payment shall be submitted to the Building
Division prior to issuance of the building permit.
53. Prior to any use or occupancy of this building or structure or any portion thereof a
“Certificate of Occupancy” must be issued by the Chief Building Official pursuant to
California Building Code Section 111.1. Failure to secure a “Certificate of Occupancy” is a
violation and will result in a $500 citation per day that the violation continues.
54. The design and construction of all site alterations shall comply with the current editions of
the California Building Code (CBC), Plumbing Code, Electrical Code, California Mechanical
Code, California Fire Code, California Energy Code, Title 24 California Energy Efficiency
Standards, California Green Building Standards Code and City of San Rafael Ordinances
and Amendments.
55. A building permit is required for the proposed work. Applications shall be accompanied by
four (4) complete sets of construction drawings to include:
a) Architectural plans
b) Structural plans
c) Electrical plans
d) Plumbing plans
e) Mechanical plans
f) Site/civil plans (clearly identifying grade plan and height of the building)
g) Structural Calculations
h) Truss Calculations
i) Soils reports
j) Green Building documentation
k) Title-24 energy documentation
56. Based on the distance to the property line (and/or adjacent buildings on the same parcel),
the building elements shall have a fire resistive rating not less than that specified in CBC
Table 601 and exterior walls shall have a fire resistive rating not less than that specified in
CBC Table 602.
57. Cornices, eaves overhangs, exterior balconies and similar projections extending beyond the
floor area shall conform to the requirements of CBC 705.2. Projections shall not extend
beyond the distance determined by the following two methods, whichever results in the
lesser projection:
a) A point one-third the distance from the exterior face of the wall to the lot line where
protected openings or a combination of protected openings and unprotected
openings are required in the exterior wall.
b) A point one-half the distance from the exterior face of the wall to the lot line where all
openings in the exterior wall are permitted to be unprotected or the building is
equipped throughout with an automatic sprinkler system.
c) More than 12 inches into areas where openings are prohibited.
Attachment 1
File Nos. UP18-008, ED18-018, & LLA18-001 20
58. The occupancy classification, construction type and square footage of the new building shall
be specified on the plans in addition to justification calculations for the allowable area of
each building. Site/civil plans prepared by a California licensed surveyor or engineer clearly
showing topography, identifying grade plane and height of the building.
59. The new buildings contain several different occupancy types. Individual occupancies are
categorized with different levels of hazard and may need to be separated from other
occupancy types for safety reasons. Under mixed-occupancy conditions the project
architect has available several design methodologies (accessory occupancies, non-
separated occupancies, and separated occupancies) to address the mixed-occupancy
concerns.
60. Buildings located four (4) or more stories above grade plane shall provide one stairwell
extending to the roof, unless the roof slope exceeds an angle of 4 vertical to 12 horizontal
(CBC 1009.13).
61. The maximum area of unprotected and protected openings permitted in the exterior wall in
any story of a building shall not exceed the percentages specified in CBC Table 705.8
“Maximum Area of Exterior Wall Openings Based on Fire Separation Distance and Degree
of Opening Protection.” To calculate the maximum area of exterior wall openings applicant
must provide the building setback distance from the property lines and then justify the
percentage of proposed wall openings and include whether the opening is unprotected or
protected:
• 15% exterior wall openings (in any story) in sprinklered buildings where the openings
are 3’ to less than 5’ from the property line or buildings on the same property.
• 25% exterior wall openings (in any story) in sprinklered buildings where the openings
are 5’ to less than 10’ from the property line or buildings on the same property.
• 45% exterior wall openings (in any story) in sprinklered buildings where the openings
are 10’ to less than 15’ from the property line or buildings on the same property
62. The new building shall have address identification placed in a position that is plainly legible
and visible from the street or road fronting the property. Numbers painted on the curb do not
satisfy this requirement. For new buildings, the address shall be internally-illuminated or
externally-illuminated and remain illuminated at all hours of darkness. Numbers shall be a
minimum 6 inches in height with ½ inch stroke for commercial applications. The address
shall be contrasting in color to its background (SRMC section 12.12.20).
63. Bollards must be placed in the garage to protect mechanical equipment from vehicular
damage when located in the path of a vehicle (if applicable).
64. Any demolition of existing structures shall require a permit. Demolition permit submittal shall
include three (3) copies of the site plan, asbestos certification and PG&E disconnect notice.
All required permits from the Bay Area Air Quality Management District shall be obtained
and documentation provided prior to building permit issuance and any work commencing.
65. A grading permit is required for any grading or site remediation, soils export, import and
placement. Applicant shall provide a detailed soils report prepared by a qualified engineer to
address these procedures. In particular, the report should address the import and
placement and compaction of soils at future building pad locations and should be based on
an assumed foundation design. This information should be provided to Building Division
Attachment 1
File Nos. UP18-008, ED18-018, & LLA18-001 21
and Department of Public Works for review and comments prior to any such activities taking
place.
66. Prior to building permit issuance for the construction of the new building, geotechnical and
civil pad certifications are to be submitted. Building pad locations will have to be surveyed
and marked prior to placement of foundations.
67. In the parking garage, mechanical ventilation will be required to be capable of exhausting a
minimum of .75 cubic feet per minute per square foot of gross floor area pursuant to CMC
Table 4-4.
68. In the parking garage, in areas where motor vehicles are stored, floor surfaces shall be of
noncombustible, nonabsorbent materials. Floors shall drain to an approved oil separator or
trap discharging to sewers in accordance with the Plumbing Code and SWIPP.
69. The parking garage ceiling height shall have a minimum vertical clearance of 8’ 2” where
required for accessible parking.
70. Any public area within the new building shall be provided with sanitary facilities per
California Plumbing Code Sec 412 and Table 4-1 (including provisions for persons with
disabilities). Separate facilities may be required for each sex depending on use.
71. In accordance with California Plumbing Code section 422, in business and mercantile with a
total occupant load of 50 or less including customers and employees, one toilet facility
designed for use by no more than one person at a time, shall be permitted for use by both
sexes.
72. In mercantile and business occupancies, toilet facility requirements for customers and
employees shall be permitted to be met with a single set of restrooms accessible to both
groups. The required number of fixtures shall be the greater of the required number for
employees or the required number for customers. Fixtures for customer use shall be
permitted to be met by providing a centrally located toilet facility within a maximum distance
not to exceed 500 feet. In stores with a floor area of 150 square feet or less the requirement
to provide facilities for employees shall be permitted to be met by providing a centrally
located toilet facility within a maximum distance not to exceed 300 feet.
73. Minimum elevator car size (interior dimension) shall be 60” wide by 30” deep with an
entrance opening of at least 60” or a car size of 42” wide by 48” deep with an entrance
opening of 36” or a car size of 60” wide by 36” deep with an entrance opening of at least
36”.
74. All buildings with four (4) or more floors and one or more elevators shall provide not less
than one medical emergency service elevator. The medical emergency service elevator
shall accommodate the loading and transport of an ambulance gurney or stretcher. The
elevator car size shall have a minimum clear distance between walls and door excluding
return panels of not less than 80” x 54” and a minimum distance from wall to return panel
not less than 51” with a 42” side slide door.
75. In the service areas, mechanical ventilation will be required capable of exhausting a
minimum of 1.5 cubic feet per minute per square foot of gross floor area. Connecting
Attachment 1
File Nos. UP18-008, ED18-018, & LLA18-001 22
offices, waiting rooms, restrooms, and retail areas shall be supplied with conditioned air
under positive pressure.
76. The project shall be designed to provide access to the physically disabled in accordance
with requirements of Title-24, California Code of Regulation. For existing buildings and
facilities when alterations, structural repairs or additions are made, accessibility
improvements for persons with disabilities may be required. Improvements shall be made
to, but are not limited to, the following accessible features:
a) Path of travel from public transportation point of arrival
b) Routes of travel between buildings
c) Accessible parking
d) Ramps
e) All public entrances
f) Sanitary facilities (restrooms)
g) Drinking fountains & Public telephones (when provided)
h) Accessible features per specific occupancy requirements
i) Accessible special features, (i.e., ATM's point of sale machines, etc.)
77. The site development of items such as common sidewalks, parking areas, stairs, ramps,
common facilities, etc. are subject to compliance with the accessibility standards contained
in Title-24, California Code of Regulations. Pedestrian access provisions should provide a
minimum 48" wide unobstructed paved surface to and along all accessible routes. Items
such as signs, meter pedestals, light standards, trash receptacles, etc., shall not encroach
on this 4' minimum width. Also, note that sidewalk slopes and side slopes shall not exceed
published minimums per California Title 24, Part 2. The civil, grading and landscape plans
shall address these requirements to the extent possible.
78. The parking garages shall have a minimum vertical clearance of 8’ 2” ceiling height where
required for accessible parking.
79. Multistory apartment buildings with three (3) or more residential units or condominium
buildings with four (4) or more residential units shall provide at least 10% of the dwelling
units, but no less than one (1) dwelling unit, which comply with the accessible requirements
per CBC 1102A.3, as follows:
a) The primary entry to the dwelling unit shall be on an accessible route unless
exempted by site impracticality tests in CBC Section 1150A.
b) At least one powder room or bathroom shall be located on the primary entry level,
served by an accessible route.
c) All rooms or spaces located on the primary entry level shall be served by an
accessible route. Rooms and spaces located on the primary entry level and subject
to this chapter may include but are not limited to kitchens, powder rooms,
bathrooms, living rooms, bedrooms or hallways.
80. Minimum shower size in the fully accessible room must be a minimum of 60” wide by 30”.
81. Multifamily dwelling and apartment accessible parking spaces shall be provided at a
minimum rate of 2 percent of the covered multifamily dwelling units. At least one space of
each type of parking facility shall be made accessible even if the total number exceeds 2%.
Attachment 1
File Nos. UP18-008, ED18-018, & LLA18-001 23
82. When parking is provided for multifamily dwellings and is not assigned to a resident or a
group of residents, at least 5% of the parking spaces shall be accessible and provide
access to grade-level entrances of multifamily dwellings and facilities (e.g. swimming pools,
club houses, recreation areas and laundry rooms) that serve the dwellings. Accessible
parking spaces shall be located on the shortest accessible route to an accessible building,
or dwelling unit entrance.
83. Public accommodation disabled parking spaces must be provided according the following
table and must be uniformly distributed throughout the site:
Total Number of Parking
Spaces
Provided
Minimum Required Number of
H/C Spaces
1 to 25 1
26 to 50 2
51 to 75 3
76 to 100 4
101 to 150 5
151 to 200 6
201 to 300 7
301 to 400 8
401 to 500 9
501 to 1,000 Two percent of total
1,001 and over Twenty, plus one for each 100
or fraction thereof over 1,001
84. At least one (1) disabled parking space shall be van-accessible, 9’ in width plus an 8’-wide
off- load area or 17’-wide overall. Additionally, one in every eight required handicap spaces
shall be van accessible.
85. The proposed residential units shall meet the sound attenuation requirements of CBC
Chapter 12, specifically the residential units facing Third St., Tamalpais Ave. and Lincoln
Ave. may require special glazing and/or sound attenuation features to compensate for the
adjacent traffic/street noise.
86. This project is subject to the City of San Rafael Green Building Ordinance. A sliding scale is
applied based on the average unit square footage. New multi-family dwellings must comply
with the “Green Building Rating System” by showing a minimum compliance threshold
between 65 and 75 points. Additionally, the energy budget must also be below Title 24
Energy Efficiency Standards a minimum 15%.
San Rafael Fire Department, Fire Prevention Bureau
87. The design and construction of all site alterations shall comply with the current editions of
the California Fire Code (CFC) and City of San Rafael Ordinances and Amendments.
88. Deferred Submittals for the following fire protection systems shall be submitted to the Fire
Prevention Bureau for approval and permitting prior to installation of the systems:
a) Fire Sprinkler plans (Deferred Submittal to the Fire Prevention Bureau)
Attachment 1
File Nos. UP18-008, ED18-018, & LLA18-001 24
b) Fire Standpipe plans (Deferred Submittal to the Fire Prevention Bureau)
c) Private Fire Service Main plans (Deferred Submittal to the Fire Prevention Bureau)
d) Fire Alarm plans (Deferred Submittal to the Fire Prevention Bureau)
89. Applicant shall show the location of address numbers on the building elevation. The new
building shall have address identification placed in a position that is plainly legible and
visible from the street or road fronting the property. Please refer to Fire Prevention Bureau
Premises Identification Standards 09-1001, Table 1.
90. As the building is over 30 feet in height, an aerial fire apparatus access roadway is required
parallel to one entire side of the building.
a) The Aerial apparatus access roadway shall be located within a minimum 15 feet and
a maximum of 30 feet from the building.
b) The minimum unobstructed width for an aerial fire apparatus access road is 26’.
c) Overhead utility and power lines shall not be located within the aerial fire apparatus
access roadway, or between the roadway and the building.
91. Aerial fire apparatus access roads shall be designated “fire lanes”; with curbs painted red
and contrasting white lettering stating “No Parking Fire Lane” and signs shall be posted in
accordance CFC Section 503.3.
92. When a building is fully sprinklered, all portions of the exterior building perimeter shall be
located within 250’ of an approved fire apparatus access road.
93. The applicant will need to demonstrate if the fire flow requirements of Appendix B, table
B105.1 of the CFC are being met by the surrounding hydrants. The required hydrants shall
be within 400 feet of all exterior points of the new building.
94. Provide stairways for fire department roof access pursuant to CFC 504.3.
95. At least one (1) elevator in the new building shall be designated as an accessible means of
egress and will require emergency power. Please show the locations of the emergency
generators. Separate permits will be required to be issued for any above ground fuel
storage tanks pursuant to CBC 1009.2.1.
96. Each building shall provide a least one (1) elevator that will accommodate an ambulance
stretcher pursuant to CBC 3002.4.
97. Hazardous materials placards shall be installed in accordance with NFPA 704.
98. A fire apparatus access plan shall be prepared for this project. Fire apparatus plan shall
show the location of the following:
a) Designated fire apparatus access roads.
b) Red curbs and no parking fire lane signs.
c) Onsite fire hydrants.
d) Fire Department Connection (FDC).
e) Double detector check valve.
f) Street address sign.
g) Recessed Knox Box
h) Fire Alarm annunciator panel.
Attachment 1
File Nos. UP18-008, ED18-018, & LLA18-001 25
i) Applicant shall provide a note on the plans as follows: “The designated fire
apparatus access roads and fire hydrant shall be installed and approved by the Fire
Prevention Bureau prior to construction of the building”.
99. A Knox Box is required at the primary point of first response to the new building. A recessed
mounted Knox Box # 3275 Series is required for this project; the Knox Box shall be clearly
visible upon approach to the main entrance from the fire lane. Note the Knox Box must be
installed from 72” to 78” above finish grade; show the location on the plans.
100. The mechanical parking system shall comply with the following requirements:
a) The automatic fire sprinkler system shall be designed with the appropriate coverage
density.
b) The mechanical parking system shall allow for fire department access.
c) The mechanical parking system shall allow for appropriate heat and smoke removal.
d) The mechanical parking system shall provide Fire Department with a manual shutoff
and operation device (similar to elevator recall).
101. Mechanical, electrical and fire sprinkler riser rooms shall be identified pursuant to CFC
Section 509 (4-inch lettering, ½-inch stroke in a color that contrasts to background).
102. The Marin Municipal Water District (MMWD) shall be contacted to demonstrate and confirm
that MMWD can provide adequate water supply service for the required fire protection
system.
During Construction
Community Development Department, Planning Division
103. Applicant/contractor shall comply with all conditions of approval related to Construction
Management Plan, and other conditions related to construction impacts.
104. The following measures shall be implemented during the demolition process:
a. Watering shall be used to control dust generation during demolition of structures and
breakup of pavement.
b. All trucks hauling debris from the site shall be covered
c. Dust-proof chutes shall be used to load debris into trucks whenever feasible.
d. A dust control coordinator shall be designated for the project. The name, address
and telephone number of the dust coordinator shall be prominently posted on-site
and shall be kept on file at the Planning Division. The coordinator shall respond
regarding dust complaints promptly (within 24 hours) and shall have the authority to
take corrective action.
Marin Municipal Water District (MMWD)
105. District records indicate that the property’s current annual water entitlement is insufficient to
meet the water demand for the project and the purchase of additional water entitlement will
be required. Additional water entitlement will be available upon request and fulfillment of the
following requirements:
a) Complete a High-Pressure Water Service Application.
b) Submit a copy of the building permit.
c) Pay the appropriate fees and charges.
Attachment 1
File Nos. UP18-008, ED18-018, & LLA18-001 26
d) Comply with the District’s rules and regulations in effect at the time service is
requested, including the installation of a meter per structure per use.
e) Comply with all indoor and outdoor requirements of District Code Title 13 – Water
Conservation. Indoor plumbing fixtures shall meet specific efficiency requirements.
Landscape, irrigation, grading and fixture plans shall be submitted to the District for
review and approval. Any questions regarding District Code Title 13 – Water
Conservation should be directed to the District’s Water Conservation Department at
(415) 945-1497. You may also find information on the District’s water conservation
requirements online at www.marinwater.org.
f) Comply with the backflow prevention requirements, if upon the Districts review
backflow protection is warranted, including installation, testing and maintenance.
Questions regarding backflow requirements should be directed to the Backflow
Prevention Program Coordinator at (415) 945-1558.
g) Use of recycled water is required, where available, for all approved uses, including
irrigation and the flushing of toilets and urinals. Questions regarding the use of
recycled water should be directed to Dewey Sorensen at (415) 945-1558.
h) Installation of gray water recycling systems is required when practicable.
Pacific Gas & Electric
106. Electric and gas service to the project site will be provided in accordance with the applicable
extension rules, which are available on PG&E’s website at
http://www.pge.com/myhome/customerservice/other/newconstruction or contact (800) PGE-
5000. It is highly recommended that PG&E be contacted as soon as possible so that there
is adequate time to engineer all required improvements and to schedule any site work.
107. The cost of relocating any existing PG&E facilities or conversion of existing overhead
facilities to underground shall be the sole responsibility of the applicant or property owner.
108. Prior to the start excavation or construction, the general contractor shall call Underground
Service Alert (USA) at (800) 227-2600 to have the location of any existing underground
facilities marked in the field.
Prior to Occupancy
Community Development Department, Planning Division
109. Prior to occupancy of any of the units, a post-construction report from an acoustical
engineer shall be submitted to the Planning Division verifying that the multifamily residential
units comply with the interior noise standard as prescribed by State Administrative Code
standards, Title 25, Part 2.
110. Prior to occupancy of any of the units, a post-construction report from a lighting engineer
shall be submitted to the Planning Division verifying that the lighting levels of the project
comply with the City’s recommended lighting levels (see SRMC Section 14.16.227).
111. Prior to occupancy, the project Geotechnical Engineer shall submit a letter to the City
identifying that the project Geotechnical Engineer inspected the project during the
construction and the project complies with their recommendations and that all
recommendations were property incorporated during construction of the project
112. Final inspection of the project by the Community Development Department, Planning
Division, is required. The applicant shall contact the Planning Division to request a final
Attachment 1
File Nos. UP18-008, ED18-018, & LLA18-001 27
inspection upon completion of the project. The final inspection shall require a minimum
advanced notice of 48-hours.
113. The landscape architect for the project shall submit a letter to the Planning Division,
confirming the landscaping has been installed in compliance with the approved project plans
and the irrigation is fully functioning.
After Occupancy
Community Development Department, Planning Division
114. Following the issuance of a Certificate of Occupancy, all new exterior lighting shall be
subject to a 90-day lighting level review period by the City to ensure that all lighting sources
provide safety for the building occupants while not creating a glare or hazard on adjacent
streets or be annoying to adjacent residents. During this lighting review period, the City may
require adjustments in the direction or intensity of the lighting, if necessary. All exterior
lighting shall include a master photoelectric cell with an automatic timer system, where the
intensity of illumination shall be turned off during daylight.
Lot Line Consolidation (LLA18-001)
Conditions of Approval
Prior to Issuance of Grading/Building Permits
Community Development Department, Planning Division
1. The applicant shall submit five (5) copies of the plat map showing the existing and proposed
lot lines, the location of any existing structures, easements, prominent trees and access to
all public streets, and a copy of Grant Deed, prepared for the lot line consolidation, for
review by the City Engineer and approval, prior to recordation with the County of Marin
Recorder’s Office.
I, Lindsay Lara, Clerk of the City of San Rafael, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a regular meeting of the San
Rafael City Council held on the 7th day of October 2019, by the following vote to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
LINDSAY LARA, City Clerk