HomeMy WebLinkAboutCC Resolution 14763 (New 45-Unit Townhome Development - 350 Merrydale Road/3833 Redwood Hwy)Attachment 3-1
RESOLUTION NO. 14763
RESOLUTION OF THE CITY OF SAN RAFAEL CITY COUNCIL CONDITIONALLY APPROVING AN
ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED18-100), TENTATIVE SUBDIVISION MAP
(TS18-006), MASTER USE PERMIT (UP18-039), AND SUBDIVISION EXCEPTION (EX19-012) TO
ALLOW THE DEMOLITION OF EXISTING ONE-STORY BUILDINGS AND CONSTRUCTION OF NINE
(9) THREE-STORY RESIDENTIAL BUILDINGS WITH A TOTAL OF 45 “FOR SALE” MULTI-FAMILY
RESIDENTIAL UNITS (INCLUDING 9 BELOW-MARKET-RATE (BMR) UNITS), 94 PARKING SPACES,
WITH NEW LANDSCAPING AND CREEKSIDE ENHANCEMENTS ON AN EXISTING 2.28 ACRE
PARCEL LOCATED AT 350 MERRYDALE RD/3833 REDWOOD HWY (MERRYDALE TOWNHOMES)
(APN’S: 179-041-27 AND 179-041-28)
WHEREAS, on September 17, 1990, the San Rafael City Council adopted Ordinance No. 1594,
which established a Planned Development (PD) allowing the land use regulations for use of the
property as a day care for training up to 120 developmentally disabled adults consistent with conditions
of approval in the Use Permit (UP90-22) approved by the Planning Commission on August 14, 1990;
and
WHEREAS, the current Planned Development (PD1594) District zoning for this site does not
allow residential development and does not contain appropriate land use limitations and development
standards, as required by Section 14.07.060 of Title 14 the San Rafael Municipal Code (Zoning
Ordinance); and
WHEREAS, on January 18, 2018, Planning staff completed Pre-Application review (PA17-007)
and provided technical feedback on compliance with various codes and regulations based on a
preliminary design of a proposal to construct nine (9) three-story buildings with a total of 44 residential
townhome units and 92 parking spaces and nine (9) below-market rate (BMR) units (with five (5) units
available to low-income households and four (4) units available to moderate-income households); and
WHEREAS, on July 17, 2018, the Design Review Board (“DRB” or “Board”) provided
Conceptual Design Review comments on the project, which proposed 44 “for sale” townhome units
with building encroachments into the required 25-foot creek setback. The Board took public comments
and provided recommendations for the project including: 1) providing a broader range of unit types
and sizes, 2) providing a community room and outdoor patio complete with furnishings, 3) increasing
the creek setback to a minimum of 25 ft; 4) providing crane pads for creek maintenance; 5) increasing
the front setback on the Merrydale frontage from 8 feet 1 inch to 15 feet, 2 inches from the Merrydale
frontage property line; 6) eliminating the proposed roof decks; 7) eliminating the proposed ADU’s; 8)
eliminating the California Pepper tree species; 9) providing more details on the creek promenade area
(which will also have amenities for youth to play); 10) adding bio-retention information to the landscape
plan, and 11) providing information on the required trash enclosure; and
WHEREAS, on November 8, 2019, Michael Hooper of Campus Properties, on behalf of the
property owner, Ridgewood Properties Inc, submitted a formal application for Environmental and
Design Review Permit (ED18-100), Master Use Permit (UP18-039) Tentative Subdivision Map (TS18-
006), and Subdivision Exception (EX19-012), and these applications and are being processed
concurrent with the Rezoning application, as required by the Zoning Ordinance; and
WHEREAS, on November 8, 2019, Michael Hooper of Campus Properties, on behalf of the
property owner, Ridgewood Properties, concurrently submitted an application for PD Rezoning (ZC19-
002) requesting to establish the required development standards for the proposed redevelopment of
the site to allow the construction of 45 residential “for sale” condominium units, parking, landscaping
and creekside enhancements; and
Attachment 3-2
WHEREAS, consistent with the requirement of the City of San Rafael Environmental
Assessment Procedures Manual and the California Environmental Quality Act (CEQA) Guidelines, an
Initial Study was prepared finding that the proposed new 45-unit townhome development would not
result in significant environmental effects, in that revisions to the project have been made and
mitigation measures are required to mitigate any potential adverse impacts to less-than-significant
levels. Mitigation Measures were identified to reduce the level of significance to less than significant in
the following topical areas (Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology
and Soils, Hydrology and Water Quality, Noise, Transportation, and Tribal Resources); and
WHEREAS, consistent with the provisions of CEQA, a Mitigation Monitoring and Reporting
Program has been prepared to implement the project mitigation measures and to accompany the
Mitigated Negative Declaration; and
WHEREAS, on July 25, 2019, the applicant hosted a neighborhood meeting to have a more
informal presentation and discussion with surrounding neighbors; and
WHEREAS, the applicant revised the project in response to the Board’s comments, as well as
to public comments during the DRB conceptual design review and neighborhood meetings, including 1)
providing a broader range of unit types and sizes, 2) providing a community room and outdoor patio
complete with furnishings, 3) increasing the creek setback to a minimum of 25 ft. 4) providing crane
pads for creek maintenance. 5) increasing the front setback on the Merrydale frontage from 8 feet 1
inch to 15 feet, 2 inches from the Merrydale property line; 6) eliminating the proposed roof decks; 7)
eliminating the proposed ADU’s; 8) eliminating the California Pepper tree species; 9) providing more
details on the creek promenade area (which will also have amenities for youth to play); and 10) adding
bio-retention information to the landscape plan. The side yard setback along the south property line
was reduced from 10 feet to a setback of 7-9 feet (approximately) and some street parking was
eliminated in order to re-design and eliminate the proposed building encroachment into the required 25’
creek setback; and
WHEREAS, on August 6, 2019, the DRB conducted a duly noticed public meeting and reviewed
the formal application and plans submitted for the project. The Board found that the changes had
adequately addressed their prior comments during conceptual review and in conclusion, the Board
voted to recommend approval of the project design, with some minor changes. The motion was made
by Member Saude and second by Member Rege. Motion to recommend approval passed 3-0-2, with
Members Paul, Rege and Saude voting “aye” and Members Kent and Summers absent. The
recommended modifications included:
• Community/Recreation Room and adjacent Paseo promenade needs to provide a more
integrated indoor/outdoor common amenity for the residents.
• Visual impacts of A/C units need to be mitigated better along public areas (Paseo and creek
trail) and Merrydale frontage. The applicant is encouraged to explore greater landscape
screening and/or relocating and grouping the A/C units to the interior ends of the buildings.
• The project needs to incorporate greater sustainability into the design, including, but not limited
to, pre-wiring all garages for EV charging stations and pre-wiring all roofs for PV rooftop solar
systems.
WHEREAS, the applicant incorporated all recommended changes in the revised plan submitted
to the Planning Commission; and
WHEREAS, the project, including the Notice of Availability of the Initial Study/Mitigated
Negative Declaration, along with the planning applications were publicly noticed 30 days in advance of
the scheduled December 10, 2019 Planning Commission hearing, through the following means: 1)
Attachment 3-3
publishing a legal ad in the Marin Independent Journal on November 9, 2019 pursuant to CEQA
Guidelines Section 15072; 2) subject site was posted with a public notice regarding the Mitigated
Negative Declaration and project applications; and 3) notices were mailed to surrounding property
owners within 400 feet, pertinent agencies (including responsible and trustee agencies), organizations
and special interest groups; and
WHEREAS, on December 10, 2019, the San Rafael Planning Commission (Planning
Commission) held a duly noticed a hearing to consider the PD rezoning (ZC19-002), Environmental
and Design Review Permit (ED18-100), Tentative Map Subdivision (TS18-006), Use Permit (UP18-
039), and Subdivision Exception (EX19-012) applications, accepted and considered all oral and written
public testimony and the written report of Planning staff; and
WHEREAS, on December 10, 2019, following a public hearing and deliberation on the project,
the Planning Commission voted 6-0-1 (Commissioner Samudzi absent) to adopt Planning Commission
Resolution No. 19-12 to recommend approval of the Environmental and Design Review Permit (ED18-
100), Tentative Map Subdivision (TS18-006), Use Permit (UP18-039), and Subdivision Exception
(EX19-012) applications project to the City Council, subject to an additional condition of approval
accepting the applicant’s offer to 1) install pre-wiring in all garages for Level 2 electric vehicle chargers
and 2) add pre-wiring for solar panels on roofs of all buildings; and
WHEREAS, on December 10, 2019, by adoption of a separate resolution, the Planning
Commission recommended adoption of a PD Rezoning (ZC19-002) approval to rescind the current PD
zoning and establish a new PD to allow for the multi-family development as presented in the proposed
development plans, with appropriate development regulations and land use limitations for the
residential use; and
WHEREAS, on February 3, 2020, by adoption of a separate resolution, the City Council
adopted a Mitigated Negative Declaration and approved a Mitigation Monitoring and Reporting
Program for the project; and
WHEREAS, on February 3, 2020, the San Rafael City Council held a duly noticed public
hearing to consider the PD Rezoning (ZC19-002), Environmental and Design Review Permit (ED18-
100), Tentative Map Subdivision (TS18-006), Use Permit (UP18-039), and Subdivision Exception
(EX19-012) and accepted and considered all oral and written public testimony and the written report of
Planning staff; and
WHEREAS, the custodian of documents which constitute the record of proceedings upon which
this decision is based is the Community Development Department;
NOW THEREFORE BE IT RESOLVED that the City Council of the City of San Rafael does
hereby make the following findings related to the applications for Environmental and Design Review
Permit (ED18-100), Tentative Map Subdivision (TS18-006), Use Permit (UP18-039), and Subdivision
Exception (EX19-012):
Environmental and Design Review Permit Findings
(ED18-100)
In accordance with San Rafael Municipal Code (SRMC) Section 14.25.090. Findings, the following
findings are required for approval of an Environmental and Design Review Permit:
1. The Project design is in accord with the General Plan, the objectives of the Zoning Ordinance, and
the purposes of the zoning district in which the site is located as noted above. A detailed discussion
Attachment 3-4
of the Project’s consistency with the applicable General Plan policies is provided in detail in matrix
format in the General Plan Consistency Analysis (Exhibit 5) included in the December 10, 2019
staff report to the Planning Commission.
a) The proposed project as designed and conditioned would be would be consistent with Land Use
Element Policies LU-2 (Development Timing), LU-8 (Density of Residential Development), LU-
10 (Planned Development Zoning), LU-12 (Building Heights), LU-14 (Land Use Compatibility),
LU-23 (Land Use Map and Categories) given that the project: 1) would be approved at a time
when there is adequate infrastructure to serve the proposed development; 2) the proposed 45-
units would not exceed the maximum density allowed in the GC Land Use category (34-72
units); 3) would not exceed the maximum building height of 36 feet allowed for this area of San
Rafael; and 4) has been designed to minimize potential visual impacts on the surrounding
residnetial properties by limiting bulk, mass and height.
b) The proposed project as designed and conditioned would be consistent with Housing Element
Policies H-2 (Designs that Fit Into Neighborhoods), H-3 (Public Information and Participation),
H-14 (Adequate Sites), H-15 (Infill Near Transit), and H-19 (Inclusionary Housing), in that: 1)
residential development is allowed on the site per the General Commercial General Plan Land
Use deisgnation; 2) the project design has been subject to review by the public and has been
recommended for approval by the Design Review Board; 3) the project would add 45-units of
housing within walking diatnce of mass transit, incluing the Civic Cemter SMART Train station
(½ mile from the project site of the SMART Train); and 4) the project would include nine (9)
below-market-rate (BMR) units (five (5) affordable at the low-income level and four (4) at
moderate-icome level). The project is partially consistent with the applicable Neighborhoods
Element Policy NH-2 (New Development in Residential Neighborhoods), NH-3 (Housing Mix),
NH-17 (Competing Concerns), NH-151 (New Ddevelopment), NH-86 (Design Considerations
for Development in the Vicinity of the Civic Center), NH-128 (Sidewalk Improvements), NH-129
(Neighborhood Parking), NH-142 (Redwood Highway Improvements), and NH-148 (Residential
Uses at the end of Merrydale Rd.) in that: 1) the proposed new 45-unit development has been
designed to be a transitional use between existing commercial development and residential
development on Merrydale Rd. The building design minimizes impacts to surrounding
residential properties by providing code compliant front and side setbacks and preserving some
existing trees at the preimeter of the project site and proposing 28 new trees on site; 2) 94
parking spaces are provided on the site in compliance with the required parking requirement for
45-units, and 4 new on-street parking spaces would be created along the east side of Merrydale
Rd.; 3) Redwood Highway would be extending and provide secondary access through the
project site, allowing pedestrian access to the proposed new “creek promenade” on the north
side of the site as well as vehicular access to Merrydale Road.
c) The project as proposed and as conditioned would be consistent with Community Design
Element Policies CD-2 (Neighborhood Identity), CD-3 (Neighborhoods), CD-5 (Views), CD-11
(Multifamily Design Guidelines), CD-14 (Recreational Facilities), CD-15 (Participation in Project
Review), CD-18 (Landscaping), and CD-19 (Lighting) in that the project design: 1) preserves,
to the greatest extent possible, views the Civic Center from the adjacent one-story residential
neighborhood. The building heignt is 33.5’ (less than the 36’ height limit allowed); 2) is
generally in keeping with the mass and scale of adjacent commercial and residential
development on the east side of Merrydale Road and would introduce a higher quality
architectural design than currently present on the site; 3) provides landscaping to screen and
enhance the project and site; 4) provides new “creek promenade” with landscaping and
recreational amenities along Las Gallinas Creek to the north of the development; 5) creates
adequate lighting without spillover onto adjacent properties or natural areas; and 6) has been
reviewed by the Design Review Board and found to be consistent the applicable design policies
of the General Plan, the City’s Residential Design Guidelines and Civic Center Station Plan.
Attachment 3-5
d) The project as proposed and as conditioned would be consistent with Circulation Policies C-5
(Traffic Level of Service Standards), C-7 (Circulation Improvements Funding), C-8 (Eliminating
and Shifting Peak Hour Trips), C-9 (Access for Emergency Services), C-26 (Bicycle Plan
Implementation) and C-31 (Residential Area Parking) in that the project: 1) would not exceed
the acceptable level of service standards (LOS), LOS E, for both intersections or arterials; 2)
would be required to pay its fair share towards traffic impacts to fund circulation impacts in
order to maintain acceptable LOS standards for the General Plan; 3) would maintain adequate
access for emergency services as determined by the City’s Public Safety Departments; and 4)
would create a new Class III Bike Lane along Merrydale Road and install a new sidewalk along
the east side of Merrydale, thereby facilitating better pedestrian access along Merrydlae Road
as well as pedestrain access to the new crrek promenade area,
e) The project as proposed and as conditioned would be consistent with Infrastructure Element
Policies I-2 (Adequacy of City Infrastructure and Services), and I-10 (Sewer Facilities) in that: 1)
the appropriate utility agencies have reviewed the project and determined that the property is
currently being served. However, 1) Marin Municipal Water District (MMWD) has determined
that the property’s current annual water entitlement may be insufficient for the new uses and
the purchase of additional water entitlement may be required, as well as compliance with all
indoor and outdoor requirements of District Code Title 13 for water conservation.; and 2) the
Las Gallinas Valley Sanitation District (LGVSD) would continue to provide service to the project
site, although the 45 proposed residential townhome units would result in an increase in
intensity of development over existing uses. The LGVSD has reviewed the project, provided
comments and will require that the development project submit an Application for Allocation of
Capacity and pay additional capacity fees prior to submittal of a building permit. The project
design incorporates sanitary sewer infrastructure that connects all residences to the current
LGVSD sanitary system, including two possible infrastructure improvements, 1) a gravity
system and flow diversion with an updated LGVSD pump station, or 2) a lift-station (with control
cabinet) located in the southeastern corner of the project site for pumping sanitary sewer to the
main LGVSD pump station (which would also be updated). Either design solution would satisfy
LGVSD requirements for sanitary sewer service.
f) The project as proposed and as conditioned would would be consistent with the Sustainability
Element Policies SU-5 (Reduce Use of Non-Renewable Resources), SU-6 (Resource Efficiency
in Site Development), SU-7 (New and Existing Trees), and SU-10 (Zero Waste) in that given
that: 1) the revised project plans include a provision that all townhome units and stacked flats
(to the extent practicable) will be provided with pre-wiring for photovoltaic rooftop solar systems;
2) all garage units will be provided with 220-volt power points suitable for EV charging; 3) the
project will comply with the most recently adopted CBC (California Building Code) CalGreen
and Title-24 Energy regulations; 4) conditions subject the project to the Marin Municipal Water
District’s most recently adopted water conservation and gray water regulations; 5) 55 new trees
will be planted on site and 13 existing trees will be preserved on site; and 6) the project is
proposing a covered and screened trash enclosure, the design and location of which has been
reviewed and approved by Marin Sanitary Service (MSS).
g) The project as proposed and as conditioned would would be consistent with the Culture and
Arts Element Policy CA-15 (Protection of Archaeological Resources) in that: 1) The existing
buildings were constructed in 1967 or 1968 as a school facility but does not meet the criteria for
a “historic resource” as defined in CEQA Guidelines Section 15064.5. The existing structures
and site have been modified over the years and do not appear to have any historical
significance; and 2) the site for original construction of existing buildings would have disrupted
any archaeological deposits if they were present. Indications of the disturbance would likely still
be apparent when examining remnant soils. Based on the results of the cultural resources
investigation conducted for the proposed project, no prehistoric or historic-period archaeological
resources were identified within the project area. However, mitigation measures have been
Attachment 3-6
included in the IS/MND MMRP (CULT-1 and CULT-2) to protect any resources found during
construction activities.
h) The project as proposed and as conditioned would be consistent with Park and Recreation
Element Policy PR-10 (On-site Recreation Facilities) in that the project will provide a 500
square foot “community room” for the residents which will include a kitchen area and bathroom.
The community room will also have sliding glass doors that open onto an approximately 500
square foot patio area, with planters seating, and a BBQ area.
i) The project as proposed and as conditioned would be consistent with Safety Element Policies:
S-1 (Location of Future Development), S-3 (Use of Hazard Maps in Development Review), S-4
(Geotechnical Review), S-6 (Seismic Safety of New Buildings), S-18 (Storm Drainage
Improvements), S-25 (Regional Water Quality Control Board (RWQCB) Requirements), and S-
32 (Safety Review of Development Projects) in that: 1) the project has been reviewed using the
hazard maps and Geotechnical Review Matrix; 2) the geotechnical review and peer review
concluded that the development on this site, with conditions, is feasible and appropriate from a
geotechnical engineering standpoint; 3) the project would not include any hazardous materials
or uses in it operations; 4) the development would be built to conform to current building and
seismic safety codes; and 5) the structure would be built in accordance with the Federal
Emergency Management Agency (FEMA) regulations for this type of structure and use in a
500-year flood zone; 6) an erosion control plan would be required during contsruction of the
project; 7) the drainage plan would direct all new run-off from the site into vegetative bio-
retention areas before being released into the storm drain system; and 8) the project has been
reviewed by the Police and Fire Department and found to be in conformance with their fire and
crime prevention standards and would not pose a risk to public safety safety or impact their
levels of service.
j) The project as proposed and as conditioned would be consistent with Noise Element Policies N-
1 (Noise Impacts on New Development), N-2 (Exterior Noise Levels for Residential Use), N-3
(Planning and Design of New Development), N-4 (Noise from New Nonresidential
Development), and N-5 (Traffic Noise from New Development in that the project: 1) Based on
information in the Acoustical Report by Illingworth and Rodkin, the IS/MND analysis indicated
that Building 2 through Building 7 would exceed the 45 dBA Ldn threshold with windows
partially open. With standard construction and forced-air ventilation, allowing occupants the
option of keeping windows closed to control noise, Buildings 1, 2 8, and 9 would achieve the 40
dBA Ldn and 45 dBA Ldn thresholds. The east facades of buildings 3, 4, 5, and 6, facing US-
101, would be exposed to 70 dBA Ldn. The east facade of Buildings 2 and 7 would be partially
shielded by the buildings to the east and would be exposed to 67 dBA Ldn. The west facade of
Buildings l and 9 would be exposed to traffic noise from Merrydale Road up to 58 dBA Ldn.
These levels are in the “Clearly Unacceptable” range in Exhibit 31 of the General Plan 2020.
Therefore, the Acoutical Report recommended incorporation of conditions of approval including
providing suitable form or forced-air mechanical ventilation, and sound rated construction for
Building 3 through Building 7 to maintain interior noise levels at acceptable levels; and 2)
conditions and mitigations have been incorporated to reduce any temporary noise impacts due
to construction (Initial Study Mitigation NOISE-1). 3) the Acoustical Report determined that the
primary noise sources at the site would continue to be vehicular traffic on US-Hwy 101 and
Merrydale Rd. US Hwy-101 is elevated by about 10 feet above the site. Based on traffic
volumes provided in the Traffic Impact Assessment Report prepared for the proposed project,
traffic noise levels are calculated to increase by 1 dBA along Merrydale Rd. under future
conditions (2040) due to increases in traffic volumes on Merrydale Road. An increase in 1 dBA
would be barely detectable to typical human hearing and is not considered a significant
increase..
k) The project as proposed and as conditioned would be consistent with Conservation Element
Policies CON-6 (Creek and Drainageway Setbacks), CON-7 (Public Access to Creeks), CON-8
Attachment 3-7
(Enhancement of Creeks and Drainageways), CON-9 (Native and/or Sensitive Habitats), CON-
14 (Special Status Species), and CON-16 (Landscape with Native Plant Species) in that the
proposed project: 1) would maintain setbacks from the creek and provide creek enhancements
with added landscaping and pedestrian access point; 2) would not impact a wildlife corridor
since the site is currently developed and biological assessments have found no such corridors;
3) would not impact any sensitive or threatened/endangered species or habitats; 4) has been
conditioned to ensure that disturbance to any potential nesting birds be avoided during
construction; and 5) would provide new trees and shrubs throughout the site, as well as bio-
retention areas to facilitate proper site drainage.
l) The project as proposed and as conditioned would be consistent with Air and Water Quality
Element Policies: AW -1 (State and Federal Standards), AW -2 (Land Use Compatibility), AW -4
(Particulate Matter Pollution Reduction), AW -7 (Local, State and Federal Standards), and AW -8
(Reduce Pollution from Urban Runoff) since the project: 1) would comply with local, state and
federal air quality standards; 2) mitigation measures have been incorporated to address
temporary air quality impacts during construction; 3) drainage systems have been designed to
utilize vegetated swales before discharging drainage into storm drain systems or the creek; and
4) methods consistent with the Storm Water Pollution Prevention Standards of the Regional
Water Quality Board have been incorporated into the design and conditions have been included
to require compliance with these standards.
2. The project design, as proposed and as conditioned, is consistent with the objectives and criteria of
the Zoning Ordinance, and the purposes of Chapter 14.25 (Environmental and Design Review
Permit) in that:
a) The development presents a competent design that has been thoughtfully studied and
presented to the Design Review Board, both as a conceptual design and then as a formal
application design. The proposed project site plan, building design and landscaping were
revised to incorporate recommedations by the Board. The proposed 3-story buildings have
been design to minimize bulk and mass, and the height (33.5’) is 2.5’ lower than the 36’ height
limit allowed. A Community Room was added to the site and pedestrian walkways throughout
the site were enhanced. The buildings comply with all required setbacks (front, side and rear
yards) and decks have been designed as recessed decks to preserve privacy to adjacent
property windows along the south property line. The project has also be reviewed by the San
Rafael Meadows Neighborhood Association, as well as local residents during informal project
meetings with the applicant and a formal Neighborhood Meeting (including a 15-day noticed
sent to property owners and tenants within 400 feet of the project site). The design of the
project has been modified based on comments from both residents and the Board.
b) The site plan respects site features and constraints by maintaining a 25’ setback from Las
Gallinas Creek and at the same time, enhamcing and incorporating the creek into the project
site design. The south bank of the creek witll be enhances with vegetation and will be designed
as a “creek promenade” area, with passive recreational amenities for children and a pedestrian
pathway with lighting and benches. The pathway is designed to also accommodate access as
required by maintenace vehicles. Several existing trees (13) will be preserved at the perimter of
the site and new trees (55 total) will be planted, including new trees along both the Merrydale
Road and Redwood Highway frontage. Additional trees will be planted along the south property
line to provide additional privacy to the adjacent residential development.
c) The materials and colors that have been included in the proposed architecture are consistent
with the context of the surrounding area. Specifically, building materials are flush, textured and
veritical metal panels and roofing and building colors would be a combination of green, tan and
brown colors. The lower portion of the buildings will include manufactured stone on the façade.
Attachment 3-8
The proposed colors and materials would effectiveley blend the proposed building with the
predominant colors of the surrounding natural setting.
d) The proposed site plan would utilize the existing drainage facilities and would not alter the
drainage patterns of the site. Furthermore, the plan would direct all new run-off to vegetated
swales to filter any pollutants from the run-off consistent with storm water pollution prevention
standards.
3. The project design with conditions minmizes adverse environmental impacts in that:
a) The building and site improvement are sited to provide adequate setbacks from the creek to the
north.
b) The project would not cause the level of service at nearby intersections to exceed the standards
of the General Plan. Furthermore, the project would be required to pay its fair share of traffic
mitigation fees to contribute to a planned, area-wide traffic improvements in the North San
Rafael area.
c) Potential environmental impacts have been addressed through the preparation of an Initial
Study and Mitigated Negative Declaration (IS/MND) consistent with the requirements of the
California Environmental Quality Act (CEQA). The IS/MND concluded that the proposed project
would result in potentially significant impacts in Aesthetics, Air Quality, Biological Resources,
Cultural Resources, Geology and Soils, Hydrology and Water Quality, Noise, Transportation,
and Tribal Resources. The project impacts would be mitigated to a less-than-significant level
through implementation of recommended mitigation measures or through compliance with
existing Municipal Code requirements or City standards. Recommended measures are
summarized in the Mitigation Monitoring and Reporting Plan (MMRP) and IS/MND (Exhibit 2).
4. The project design, as proposed and as conditioned, will not be detrimental to the public health,
safety or welfare, nor materially injurious to properties or improvements in the vicinity in that:
a) The environmental impacts associated with the development of the project have been assessed
and the project impacts can be mitigated to less-than-significant levels with the implementation
of specific mitigation measures as discussed in Environmental and Design Review Permit
Finding #3 above.
b) The project design would blend with the surrounding neighborhood on Merrydale Road, acting
as a transitional use in an area which has both commercial, single-family and multi-family
development. The project would also preserve the natural environment of the existing Las
Gallinas Creek on the north side of the property by planting trees and creating a pedestrian
walkway/passive children’s recreational play area. Furthermore, the project’s siting, scale and
mass has been designed to minimize visual impacts on adjacent properties, and the new
lighting is within the 1-foot candle (Fc) limit along the property line. The site is subject to a
condition of approval requiring a 90-day lighting review to adjust lighting levels and reduce glare
as needed to eliminate spillover glare onto adjacent properties.
Tentative Map Findings
(TS18-006)
1. The proposed map is consistent with the San Rafael General Plan and any applicable, adopted
specific plan or neighborhood plan as noted in Environmental and Design Review Permit Finding
#1 above and the General Plan Consistency Table (Exhibit 5) included in the December 10, 2019
staff report to the Planning Commission and as noted in Environmental and Design Review Permit
finding #1 above. The purpose of the map is to allow the creation of 45 residential air space
Attachment 3-9
condominium units. The development is proposed as a “phased” development, consisting of a
Phase One (“pre-phase”) commencing in Spring of 2020 for on and off-site improvements to
complete building Phase Two construction of Buildings 1-4 and all landscaping north of Private
street “A” by fall of 2021, and Phase Three construction of Buildings 5-9, tree removal along the
south property line and all remaining landscaping by Summer 2022.
2. The design or improvement of the subdivision is consistent with the San Rafael General Plan and
any pertinent, adopted specific plan or neighborhood plan in that: 1) the subdivision would create
45-units on the 2.28-acre parcel, which is in keeping with the allowable density (15-32 units/acre or
34-72 units) per the General Commercial Land Use Designation as well as consistent with the Civic
Center Station Area Plan, which encourages multi-family housing in this location. The proposed
project is consistent with the applicable development standards for HR1 (High Density Residential)
required setbacks (used as most similarly zoned district with which to set development standards,
based on adjacent multi-family development similarly zoned HR1); and 2) the City has balanced the
regional and local housing needs against the public service needs of its residents, as well as
available fiscal and environmental resources, and concludes that adequate public services are
available to the site based on existing service providers that have reviewed the project and
indicated that subject to conditions of approval, the system has the capacity to provide service.
3. The property subject to subdivision is physically suitable for the density of development that is
proposed in that: a) the proposed subdivision would create 45 air condominium units on site, which
is below the maximum density allowable per General Plan 2020 (72 units); b) the project would also
provide two-car garages for all units, which complies with the required parking in the zoning
ordinance and all qualifying concessions allowed for affordable housing projects; c) ample, code
compliant private and common usable open space is provided for the project; and d) the proposed
subdivision would create air condominiums, with no impact on the actual orientation of the physical
lots on the ground level in terms of property lines.
4. The design of the subdivision or the proposed improvements are not likely to cause substantial
environmental damage or substantially and avoidably injure fish or wildlife or their habitat in that: a)
the site is currently graded and developed with no known environmental resources on the site; b)
the site is an in-fill site that has been designated in the General Plan as General Commercial Land
Use. Residential development is allowed at a density of 15-32 units per acres; and c) An Initial
Study/Mitigated Negative Declaration has been prepared and appropriate mitigation measures
identified in the Mitigation Monitoring and Reporting Program (BIO-1) to reduce any impacts
identified to a less-than-significant.
5. The design of the subdivision or the type of the proposed improvements is not likely to cause
serious health problems in that: a) it is a residential project in keeping with the existing residential
zoning in the project vicinity; b) the proposed project would be built in accordance with the latest
Building and Fire codes to ensure the health and safety of future residents and adjacent neighbors;
c) the City’s Public Works Department and Las Gallinas Valley Sanitation District have reviewed the
drainage and proposed sewer connections for the project site and deemed the project design to be
in keeping with City standards, subject to conditions of approval; and d) as conditioned, the
proposed subdivision would not result in impacts to water quality or impacts to environmental
resources in that an erosion control plan is required as a condition of project approval, which must
be implemented before any grading or construction commences on the site.
6. The design of the subdivision or the type of proposed improvements will not conflict with existing
identified easements on site (including a 25’ Marin County Flood Control easement and a 15’ wide
maintenance easement immediately adjacent to the 25’ flood control easement). A north/south
roadway easement (along Redwood Highway on the east side of the site is to remain. In addition,
Attachment 3-10
the project proposes to provide a new Public Access Easement/Public Utility Easement (PAE/PUE)
which will be provided at the time of recordation of the Final Map. This PAE/PUE comprises Private
Street B providing pedestrian, vehicular, fire truck and trash truck access and required parking.
Master Use Permit Findings
(UP18-039)
1. The proposed 45-unit residential townhome development at 350 Merrydale/3833 Redwood Hwy,
landscaping, Community Room and the associated 94 parking spaces on site will be in accord with
the San Rafael Municipal Code (the Zoning Ordinance) and the purpose of the rezoned Planned
Development District in which the site is located, given that:
a) As documented in the General Plan 2020 Consistency Table (Exhibit 5 of the 12/10/19 Staff
Report to the Planning Commission) and as noted in Environmental and Design Review Permit
Finding #1 above, the proposed project would implement and promote the goals as policies of
the San Rafael General Plan 2020.
b) As documented in the Zoning Ordinance Consistency Table (Exhibit 6 of the 12/10/19 Staff
Report to the Planning Commission), the proposed project would be consistent with the
objectives of the Zoning Ordinance; and 3) the proposed project would be consistent and
compatible with the purposes of the PD District and the High Density Residential (HR1) Zoning
District development standards (comparable to the adjacent properties to the south) given that:
i. the project site will be rezoned to accommodate the proposed residential development, with
setbacks, height and parking provided in keeping with the high-density residential
development on adjacent properties on the south eastern side of Merrydale Rd;
ii. The project would provide a wide variety of housing types (market rate and affordable “for-
sale” condominium units) and sizes (ranging from 741 to 836 sf for the 1-bedroom units,
1,285 to 1,461 sf for the 2-bedroom units, 1,461 to 2,119 sf for the 3-bedroom units and
2,119 sf for the 4-bedroom units;
iii. The project would comply with the creek setback standard pursuant to SRMC Section
14.16.080 by providing a 25’ creek setback along the south side of the existing Las Gallinas
Creek;
iv. The proposed project would create a new “creek promenade”, with improvements to the
area adjacent to the creek that would accommodate a “dual use” for both required creek
maintenance activities by the City and recreational uses for adults with walkways and
benches and a passive play area for children; and
v. the project has been reviewed by appropriate City departments and non-city agencies and
determined that adequate infrastructure exists to meet all new service demands.
2. The proposed new residential buildings would 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, and the appropriate surrounding neighborhood groups, interested parties, the
Design Review Board at two separate meetings (Conceptual Design Review on July 17, 2018 and
Design Review on the formal application on August 6, 2019). In addition, pursuant to CEQA
regulations, the project required preparation of an Initial Study to review potential project impacts
on the environment. Potential impacts were identified to Aesthetics, Air Quality, Biological
Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology
and Water Quality, Noise, Transportation, and Tribal Cultural Resources that would require
Attachment 3-11
mitigation to reduce the potential negative impacts from the proposed project to a less-than-
significant level. The required mitigation measures for each are identifies in the IS/MND Mitigation
Monitoring and Reporting Program (Exhibit 2, Pages A-1 through A-18).
3. The proposed use of the site would comply with each of the applicable provisions of the PD District,
as amended, and other applicable provisions of the Zoning Ordinance in that the City Council has
adopted an ordinance to rezone the current PD (1594) Zoning.
Subdivision Exception Findings
(EX19-012)
1. As documented in the Subdivision Ordinance Compliance Table (Exhibit 7) included in the
December 10, 2019 staff report to the Planning Commission, there are special circumstances
and/or conditions of the property proposed for subdivision that warrant the approval of the
exception to requirements per San Rafael Municipal Code Section 15.06.050 (c) which requires a
minimum right-of-way of 60 feet for local streets, and a minimum pavement width of 40’. The
project site is located at the terminus of Redwood Hwy and near the end of Merrydale Rd. The site
comprises 2.28 acres but is encumbered by the Marin County Flood Control District (Creek)
easement and the City of San Rafael maintenance easement totaling 0.32 acres, reducing the net
area of the Project Site available for development to 1.96 acres. In addition, the east property line
is bounded by the Caltrans right-of-way (ROW) for US Hwy 101, which limits access. The project is
requesting an exception to allow a private street with an easement of 30’ and a minimum pavement
width of 20’ and providing at least one sidewalk. In order to provide the required back-up distance
for the garages and provide sidewalks to allow pedestrian walkways, the exception to the roadway
width was proposed. In addition, the site design includes the creation of a new “through” street,
providing access from Redwood Highway (Private Street “B”) via Private Street “A” to Merrydale
Rd.
2. That the exception is necessary for the preservation and enjoyment of a substantial property right of
the subdivider or property owner. The property is designed as for-sale condominiums. In order to
provide quality of design that fits into the character of the neighborhood, with ample access to a
garage, common open space and private patios, the proposed exception would preserve the
owner’s ability to align the proposed subdivision more closely with the target density.
3. That the granting of the exception will not be detrimental to the public welfare or injurious to other
property in the vicinity in which the property is situated. The reduced ROW and pavement width
would have minimal impacts as the site is near the terminus of Merrydale Road and the City streets
of Merrydale Road and Redwood Hwy are the primary routes for adjacent properties and the
proposed privately maintained roads primarily serve the residential development itself. Future
through traffic is hindered by the nearby SMART train ROW and Caltrans ROW. The 30’ wide
roadway provides the full width necessary for emergency vehicle access. Therefore, there is no
detriment to public welfare and does not cause injury to adjacent properties.
BE IT FURTHER RESOLVED, that the City Council hereby conditionally approves the
applications for the Environmental and Design Review Permit (ED18-100), Master Use Permit (UP18-
039) Tentative Subdivision Map (TS18-006), and Subdivision Exception (EX19-012), subject to the
conditions of approval listed below:
Attachment 3-12
Environmental and Design Review Permit Conditions of Approval
(ED18-100)
General Project Conditions
Community Development Department - Planning Division
1) The proposed 45-unit townhome development shall be installed and designed in substantial
conformance with the proposed site plan and elevations and landscape plan as presented for
approval on plans prepared by WHA Architects, date stamped Approved, December 10, 2019,
and shall be the same as required for issuance of a building permit, subject to the listed conditions
of approval. Minor modifications or revisions to the project shall be subject to review and approval
of the Community Development Department, Planning Division. Modifications deemed not minor
by the Community Development Director shall require review and approval by the original decision-
making body.
2) Approved colors for the main body, trim and accent colors are as shown on the approved Color and
Material Board: a) Sherman Williams Paint for Body Colors- High Reflective W hite (SW 7757),
Gossamer Veil (SW 9165), Tin Lizzie (SW9163), Jute Brown (SW 6096); b) Trim Color -Thunder
Gray (SW 7645); c) Accent Colors-Deep Sea Dive (SW 7618), Rookwood Terra Cotta (SW2803),
and Raisin (SW7630); and d) Manufactured Stone (Timberwolf). Any future modification to colors
shall be subject to review and approval by the Planning Division. Modifications deemed not minor
by the Community Development Director shall require review and approval by the Design Review
Board.
3) Applicant shall remit payment of the State Fish and Game fees in order for staff to file a Notice of
Determination with the County Clerk within 5 days of project approval. The current fee amounts are
$2,354.74 (current fee as of 2018) payable to the State Fish and Game and $50.00 payable to the
Marin County Clerk and are subject to increase on January 1st of each year.
4) Applicant and property owner shall be responsible for implementing all mitigation measures
presented in the Project’s Mitigated Negative Declaration, on file with the Community Development
Department, including any mitigation measures that may not have been incorporated into the
Project conditions of approval. A deposit for Mitigation Monitoring shall be paid as required by
ED18-100 project Conditions of Approval #31, herein.
5) The project shall comply with all mitigation measures as identified in the IS/MND Mitigation
Measure Monitoring and Program, dated November 8, 2019. All required mitigation measures are
identified in the Mitigation Monitoring and Reporting Program (MMRP) as recommend for adopted
by separate Resolution and included as conditions of approval. The IS/MND determined that the
proposed project would result in potentially significant impacts in Aesthetics, Air Quality, Biological
Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology
and Water Quality, Noise, Transportation and Tribal Resources. The IS/MND identifies Mitigation
Measures that, when implemented, would reduce the impacts identified to a less-than-significant
level. These mitigation measures are also identified as conditions of approval in the relevant
sections herein and detailed in the IS/MND Mitigation Monitoring and Reporting Program (Exhibit 2-
Attachment A).
6) Property owner and applicant agree to defend, indemnify, release and hold harmless the City, its
agents, officers, attorneys, employees, boards and commissions from any claim, action or
proceeding brought against any of the foregoing individuals or entities ("indemnities"), the purpose
of which is to attack, set aside, void or annul the approval of this application or the certification of
any environmental document which accompanies it. This indemnification shall include, but not be
limited to, damages, costs, expenses, attorney fees or expert witness fees that may be asserted or
Attachment 3-13
incurred by any person or entity, including the applicant, third parties and the indemnities, arising
out of or in connection with the approval of this application, whether or not there is concurrent,
passive or active negligence on the part of the indemnities.
7) In the event that any claim, action or proceeding as described above is brought, the City shall
promptly notify the Property owner and applicant of any such claim, action or proceeding, and the
City will cooperate fully in the defense of such claim, action, or proceeding. In the event
applicant/property owner is required to defend the City in connection with any said claim, action or
proceeding, the City shall retain the right to: 1) approve the counsel to so defend the City; 2)
approve all significant decisions concerning the manner in which the defense is conducted; and 3)
approve any and all settlements, which approval shall not be unreasonably withheld. Nothing herein
shall prohibit the City from participating in the defense of any claim, action or proceeding, provided
that if the City chooses to have counsel of its own to defend any claim, action or proceeding where
Property owner and applicant already has retained counsel to defend the City in such matters, the
fees and the expenses of the counsel selected by the City shall be paid by the City.
8) As a condition of this application, applicant/property owner agree to be responsible for the payment
of all City Attorney expenses and costs, both for City staff attorneys and outside attorney
consultants retained by the City, associated with the reviewing, process and implementing of the
land use approval and related conditions of such approval. City Attorney expenses shall be based
on the rates established from time to time by the City Finance Director to cover staff attorney
salaries, benefits, and overhead, plus the actual fees and expenses of any attorney consultants
retained by the City. Applicant shall reimburse City for City Attorney expenses and costs within 30
days following billing of same by the City.
9) All site improvements, including but not limited to, site lighting, fencing, landscape islands and
paving striping shall be maintained in good, undamaged condition at all times. Any damaged
improvements shall be replaced in a timely manner.
10) The Project site shall be kept free of litter and garbage. Any trash, junk or damaged materials that
are accumulated on the site shall be removed and disposed of in a timely manner.
11) 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.
12) Final landscape and irrigation plans for the Project shall comply with the provisions of Marin
Municipal Water District’s (MMWD) most recent water conservation ordinance. Construction plans
submitted for issuance of building/grading permit shall be pre-approved by MMWD and stamped as
approved by MMWD or include a letter from MMWD approving the final landscape and irrigation
plans. Modifications to the final landscape and irrigation plans, as required by MMWD, shall be
subject to review and approval of the Community Development Department, Planning Division.
13) 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.
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 these conditions, provided that
a building/grading permit is issued, and construction commenced, or a time extension request is
submitted to the City’s Community Development Department, Planning Division, within three (3)
years of the City Council approval, or on December 10, 2022. Failure to obtain a building permit
Attachment 3-14
and grading permit and construction or grading activities commenced, or failure to obtain a time
extension within the three-year period will result in the expiration of this Environmental and Design
Review Permit.
15) Phasing of the project is allowed, subject to the terms and conditions of approval of the Master Use
Permit (UP18-039) below.
16) This Environmental and Design Review Permit (ED18-100) approving the Project shall run
concurrently with the approved Master Use Permit (UP18-039). If either entitlement expires, this
Environmental and Design Review Permit approving the Project, as depicted on Project plans, shall
also expire and become invalid.
Prior to the Issuance of a Demo/Building/Grading Permit
Community Development Department - Planning Division
17) A copy of the Conditions of Approval for ED18-100 shall be included as a plan sheet with the
building permit plan submittal.
18) As offered by the applicant, the project shall:1) install pre-wiring for “Level 2” electric vehicle
chargers in each garage; and 2) install pre-wiring for solar panels on all buildings/units. Compliance
with this condition shall be demonstrated on the building permit plans and installed prior to
occupancy.
19) The project proponent shall demonstrate and notate on the building permit plans that Air Quality
measures III (a), III (b) and III(c) (AQ -1, AQ1a and AQ-2) to eliminate dust control and exhaust
during construction, set standards for diesel equipment over 25 horsepower to meet U.S. particle
emission standards, and requires that the project include high-efficiency particulate filtration
systems in residential ventilation systems will be completed during construction.
20) (GEO-1): Prior to a grading or building permit submittal, the project sponsor shall prepare a
design-level geotechnical investigation prepared by a qualified and licensed geotechnical engineer
and submit the report to the City Engineer. Minimum mitigation includes design of new structures
in accordance with the provisions of the current California Building Code or subsequent codes in
effect when final design occurs. Recommended seismic design coefficients and spectral
accelerations shall be consistent with the findings presented in Section 4 of the May 8, 2018
ENGEO report.
21) (GEO-2): Prior to a grading or building permit submittal, the project sponsor shall prepare a
design-level geotechnical investigation prepared by a qualified and licensed geotechnical engineer
and submit the report to the City Engineer for review and approval. In order to reduce the effects
of the potentially expansive soils and/or liquefaction settlement, foundations should be designed to
withstand minimum differential movements. Foundation design recommendations are presented in
Section 4 of the May 8, 2018 ENGEO report.
22) (GEO-3): Prior to a grading or building permit submittal, the project sponsor shall prepare a site
drainage system prepared by a qualified and licensed civil engineer and submit the report to the
City Engineer. The site drainage system will demonstrate the ability to collect surface water and
discharge into an established storm drainage system. The project Civil Engineer of Architect is
responsible for designing the site drainage system and, an erosion control plan shall be developed
prior to construction per the current guidelines of the City of San Rafael Public Works Department
(DPW) Grading and Construction Erosion and Sediment Control Plan Permit Application Package
and the Regional Water Quality Control Board standards.
Attachment 3-15
23) (GEO-4): Soils shall be moisture conditioned to above the optimum moisture content during site
grading and maintained at this moisture content until imported aggregate base and/or surface
flatwork is completed.
24) (TRANS-1): demonstrate on building permit or improvement plans the design of the pedestrian
sidewalk, subject to the availability of right-of-way and the feasibility of the drainage design, on the
west side of Redwood Road directly adjacent to the project driveway connecting to the existing
sidewalk.
25) (HYDRO-1): Prior to issuing a grading or building permit, the project applicant shall prepare a
Stormwater Pollution Prevention Plan (SWPPP) and/or Erosion and Sediment Control Plan
(ESCP) in accordance with the requirements of the statewide Construction General Permit and the
City of San Rafael Department of Public Works. The SWPPP shall be prepared by a Qualified
SWPPP Developer (QSD). The SWPPP shall include the minimum Best Management Practices
(BMPs) required for the identified risk level. The SWPPP shall be designed to address the
following objectives:
a) All pollutants and their sources, including sources of sediment associated with construction,
construction site erosion, and all other activities associated with construction activity are
controlled;
b) Where not otherwise required to be under a Regional Water Quality Control Board permit,
all non‐stormwater discharges are identified and either eliminated, controlled, or treated;
c) Site BMPs are effective and result in the reduction or elimination of pollutants in stormwater
discharges and authorized non‐stormwater discharges from construction activity. The
erosion and sediment control plan shall include the rationale used for selecting BMPs
including supporting soil loss calculations, as necessary;
d) Stabilization BMPs installed to reduce or eliminate pollutants after construction are
completed.
e) BMP implementation shall be consistent with the BMP requirements in the most recent
version of the California Stormwater Quality Association Stormwater Best Management
Handbook‐Construction or the Caltrans Stormwater Quality Handbook Construction Site
BMPs Manual.
26) The applicant shall provide information on the building permit plans to show compliance with
noise Mitigation Measures recommended on Page 74 of the Illingworth and Rodkin Noise
Assessment regarding required forced-air ventilation and STC rated windows on all buildings.
Minimum STC Ratings required to reduce noise levels are listed in Table 5 on Page 22 of the
Nosie Report.
27) (BIO-1): Pre-construction nesting bird and bat survey. The nesting season is defined here a
as being from February 1 to August 31 and therefore work should commence between
September 1 and January 31.
i) If this is not possible, and project activities are initiated during the nesting season, then a
nesting bird survey shall be conducted by a qualified wildlife biologist no more than 14 days
prior to the start of project activities.
ii) If nests are identified, a no-disturbance buffer should be implemented to avoid impacts to
nesting birds and should remain in place until all young are fledged or the nest otherwise
becomes inactive.
iii) Buffers typically range from 25 feet to 500 feet depending on the species.
iv) If work is to be initiated within the bat breeding/ winter roosting season, an assessment of
existing buildings should be performed prior to construction activities to determine if a roost
is present.
Attachment 3-16
v) If a roost is observed, construction activities should be postponed until a qualified biologist
determines the bats are excluded from the roost location.
28) (HAZ -1): Prior to submittal for a demolition permit, the project sponsor shall use a qualified and
licensed professional to prepare a hazardous building materials survey for all structures proposed
for demolition or renovation as part of the project. All lead-based paint and asbestos-containing
materials (ACM) shall be abated by a certified contractor in accordance with local, state, and
federal requirements. All hazardous materials shall be removed from buildings prior to demolition in
accordance with California Division of Occupational Safety and Health (DOSH) and California
Department of Toxic Substances Control (DTSC) regulations. A completion of abatement activities
report shall be prepared by a qualified professional and submitted to the City prior to permit
approval.
29) (HAZ -2): Prior to submittal for a demolition permit, the project sponsor shall use a qualified and
licensed professional to prepare a Soil Management Plan to develop protocols and procedures for
handling potentially impacted soils or underground structure/equipment that may be encountered
during grading operations and other construction activities as part of the project. If impacted soils or
underground structure/equipment are encountered during construction activities, all construction
shall stop, and a qualified and licensed professional shall be contacted to conduct a site visit to
make observations and prepare recommendations for proper handling of soils and/or
structures/equipment.
30) Bicycle parking shall be provided in compliance with San Rafael Municipal Code Section 14.18.090.
This requires bicycle spaces provided on site at a minimum of 5% of total vehicle parking, including
a minimum of one two bike capacity rack for short term bicycle parking. Final plans shall include a
design detail for proposed bicycle parking spaces, proposed number and location subject to final
review and approval by the Community Development Department and Traffic Engineer.
31) The proposed project will be required to provide bicycle improvements along Merrydale Rd. in
keeping with the 2018 adopted update of the San Rafael Bicycle/Pedestrian Master Plan, which
identifies Merrydale Rd. for a Class III Bike Route. The applicant will be required to install the
appropriate signage and striping along Merrydale Road (fronting the project site) to signify that the
street is a Class III Bike Lane. Specifics of the bike lane striping are subject to final review and
approval by the Community Development Department and Traffic Engineer.
32) Property Owner/applicant shall be responsible for all costs associated with mitigation monitoring
and shall remit an initial deposit in the amount of $5,000.00 for mitigation monitoring and condition
compliance. Staff shall bill time against this deposit amount during Project review and
implementation of the Project and monitoring of Project conditions, to assure compliance with
conditions and mitigation measures has been achieved.
33) All mechanical equipment (i.e., air conditioning units, meters and transformers) and appurtenances
not entirely enclosed within the structure (on side of building or roof) shall be screened from public
view. The method used to accomplish the screening shall be indicated on the building plans and
approved by the Planning Division.
34) Any outstanding Planning Division application processing fees shall be paid.
35) A construction logistics plan shall be submitted demonstrating how construction conditions shall be
met. The plan must be approved by the Public Works Department and Community Development
Director and shall include the conditions of approval and mitigation measures that are applicable to
the construction of the Project.
Attachment 3-17
36) The project shall be subject to the affordable housing requirements prescribed in Section 14.16.030
of the San Rafael Zoning Ordinance and is therefore required to provide nine (9) of the 45 for-sale
units as affordable. Prior to the issuance of a building permit or recordation of the final map,
whichever occurs first, a Below Market Rate (BMR) agreement for the nine (9) affordable unit shall
be approved by the City Council and recorded on the property. Consistent with the affordable
housing requirements, five (5) of the units shall be affordable to low-income household and four (4)
of the units shall be affordable at the moderate-income level. The location of the BMR units shall
be identified on the project plans and the final location shall be subject to review and approval of
the City as part of the City’s consideration of the BMR agreement. Please contact the Marin
Housing Authority to commence the agreement process.
37) Protective barrier fencing shall be installed during construction to protect existing trees that are to
remain on site, as per the approved landscape plan. Plans showing the fencing, signage and
barrier details shall be included on Project plans. The fencing shall be a minimum four-foot orange
mesh protected by hay bales and signage designed to avoid intrusion by construction workers and
equipment.
38) The project shall be subject to the affordable housing requirements prescribed in Section 14.16.030
of the San Rafael Zoning Ordinance and is therefore required to provide nine (9) of the 45 for-sale
units as affordable. Prior to the issuance of a building permit or recordation of the final map,
whichever occurs first, a Below Market Rate (BMR) agreement for the nine (9) affordable unit shall
be approved by the City Council and recorded on the property. Consistent with the affordable
housing requirements, five (5) of the units shall be affordable to low-income household and four (4)
of the units shall be affordable at the moderate-income level. The location of the BMR units shall
be identified on the project plans and the final location shall be subject to review and approval of
the City as part of the City’s consideration of the BMR agreement. Please contact the Marin
Housing Authority to commence the agreement process. Should the project not record a final map,
the BMR agreement will be modified to a rental agreement and comply with the affordable housing
requirements for rental, which would be five (5) units affordable at very-low income level and (4) at
low-income level.
Public Works Department - Land Development Division
General
39) The proposed private roads do not meet the requirements for Right-of-Way/Easement width or
paving width per Municipal Code (MC) section 15.06.050. An exception request pursuant to
Municipal Code 15.01.120 has been received and we have no objection to the proposed widths
based on the necessary findings.
40) It is our understanding that the applicant has provided the minimum garbage facilities required.
However, the location and potential for higher demand may necessitate additional storage for a
condominium project of this size. We recommend the applicant provide a method to address this in
the future if the project is approved as currently proposed.
41) Redwood Hwy and Merrydale Rd do not currently have a cul-de-sac or other vehicular turn around
for the dead ends, this project proposes a public access easement over the privately maintained
roadways to connect the two which will allow for through circulation. With through public access
provided, turnarounds are not required at the end of the publicly maintained roadways.
42) The site is located in or near areas that may be susceptible to localized flooding, or the drainage of
the site may be influenced by larger flooding events. We recommend that the applicant consider
these concerns, as well as potential impacts due to sea level rise.
Attachment 3-18
43) Third party peer review of geotechnical and engineering reports and inspection throughout
construction shall be required, paid for by the project sponsor and contracted by the City. Provide a
proposed project schedule for the duration of work, so that an estimate may be prepared for the
required deposit amount.
44) Provide will serve letters from the various utilities for the proposed subdivision.
45) It is our understanding that there the sanitary sewer system is currently proposed as a gravity flow.
However, LGSVD may require mitigation to alleviate flow in the downstream sewer, or that a pump
station may be necessary. We recommend that as a condition of approval the applicant provide the
will serve letter showing that all requirements from LGSVD shall be met prior to issuance of a
permit.
Access
46) Provide the lighting analysis, include the frontage for Merrydale Rd and Redwood Hwy.
Grading
47) Show the estimate of proposed grading on the plan. This project is located along an open creek.
Therefore, all mass grading shall be limited to April 15 through October 15, unless otherwise
approved in writing by the Department of Public Works.
48) A grading permit shall be obtained for all grading and site improvement work. Trucking trips during
peak hours may be limited.
49) A preliminary geotechnical report has been provided. This does not thoroughly analyze the
geotechnical concerns but references that design-level explorations should be conducted prior to
site development once more detailed plans have been prepared. The project is in application for
design. Therefore, the subsequent geotechnical report shall be a condition of approval. However,
the findings of that report may affect the design of the project, which may require re-review of the
project.
50) All plans, reports, monitoring, inspection and testing for the proposed project will be reviewed by an
independent Geotechnical Engineer and/or Engineering Geologist retained by the City, at the
expense of the project sponsor. This third-party consultant will review all plans, reports, monitoring,
inspection and testing data prior to appropriate approvals and/or certifications. A letter report
summarizing findings and recommendations shall be submitted by the geotechnical engineer to the
City Engineer for review and approval, as well as incorporation into grading plans. Final grading
and foundation techniques shall be developed by a certified geotechnical engineer or engineering
geologist and reviewed and approved by the City.
51) A construction management plan shall be provided for review and approval by the City.
a) All materials and equipment shall be staged on-site.
b) The construction management plan shall include the traffic control plan to address on-site and
off-site construction traffic.
c) A screened security fence approved by the City shall be placed and maintained around the
perimeter of the project and removed immediately following construction work
d) Truck routes shall be reviewed and approved by the City. Hauling shall be limited to 1 truck in
and 1 truck out per 15 minutes during the AM and PM peak, which may be revised at the time
of grading permit issuance.
52) This project includes over one (1) acre of disturbance. A SWPPP shall be required.
Attachment 3-19
53) Phasing of the project shall be configured to develop the area adjacent to the creek first along with
the infrastructure. This area is required for access, maintenance and drainage. This would allow for
early establishment of vegetation in this area to reduce potential impacts to the creek. Due to the
size of the project and configuration, the infrastructure required on and off site shall be developed
as part of phase one. Infrastructure items that are commonly delayed to later phases shall be
reviewed by the Department of Public Works, such as final lift of asphalt.
Drainage
54) This site includes work in or immediately adjacent to a creek. The applicant shall comply with
requirements of the various creek permitting agencies and obtain all necessary permits.
Pet waste bags, signage and trash receptacles shall be provided in convenient locations to reduce the
likelihood of litter near the creek path.
55) The final drainage plan shall be subject to review and approval by the City Engineer. The final
drainage plan shall address the following:
a) The plans shall show the existing drainage facilities
b) Runoff shall not be increased, leaving the project boundary
c) Filtration shall be required for particles equal to or larger than 5mm, so they do not
enter into the City’s storm drainage system
d) Placards (medallions) shall be installed on all new drainage inlets to prohibit
dumping of pollutants. These are available from the City or MCSTOPPP
e) A stormwater facilities maintenance agreement shall be required
f) How the project’s drainage system shall be maintained, whether separate for each
site or together along with the other development improvements.
g) The drainage plan shall be developed in consideration with the findings of the
geotechnical report.
56) The site drainage system is located at elevations that may be subject to tidally influenced
surcharge events. The drainage system shall include backflow prevention.
57) Frontage improvements shall include where necessary, street lighting, conduit for City facilities,
accessible curb ramp pairs, drainage facilities, street trees, sidewalk, curb and gutter. This shall be
reviewed at the time of permit issuance.
58) Due to the level of improvements we recommend that as a condition of approval the full width of
Merrydale Rd be resurfaced with this project, additionally we suggest that this be extended to the
intersection with Las Gallinas, as this is one of the only two sites that currently take access from
this end of Merrydale Rd. The extents of resurfacing shall be reviewed based on existing conditions
at the time of permit issuance.
59) An encroachment permit is required for any work within the Right-of-Way, from the Department of
Public Works located at 111 Morphew Street. Restriping of public streets shall be of thermoplastic,
as approved by the Department of Public Works.
Traffic
60) The Traffic Impact Study (TIS) has been updated, dated October 3, 2019 and previous comments
have been addressed.
61) The proposed project results in additional trips generated at the site. Based on the draft traffic
impact study and the additional proposed unit, this results in an estimated 17 AM and 19 PM peak
hour trips. Using the current traffic mitigation fee rate this results in an estimated fee of (36*$4,246)
$152,856 which shall be calculated and due at the time of building permit issuance.
Attachment 3-20
62) 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.
Community Development Department – Building Division
63) The design and construction of all site alterations shall comply with the 2016 California Building
Code (CBC), 2016 California Plumbing Code (CPC), 2016 California Electrical Code (CEC), 2016
California Mechanical Code CCMC), 2016 California Fire Code (CFC), 2016 California Energy
Code, 2016 California Green Building Standards Code and City of San Rafael Ordinances and
Amendments.
64) 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 plane and height of the building)
g) Structural Calculations
h) Truss Calculations
i) Soils reports
j) Green Building documentation
k) Title-24 energy documentation
65) Building height and story must comply with CBC Section 504. On the plan justify the proposed
building area and height.
66) Building areas are limited by CBC Table 506.2. On plan justify the proposed building area.
67) 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 you must provide the building setback
distance from the property lines and then justify the percentage of proposed wall openings and
include whether the opening is unprotected or protected.
68) Townhouses more than three stories above grade in height must comply with the CBC. CBC Table
705.8 allows:
a) 15% exterior wall openings (in any story) in sprinklered buildings where the openings are 3’ to
less than 5’ from the property line or buildings on the same property.
b) 25% exterior wall openings (in any story) in sprinklered buildings where the openings are 5’ to
less than 10’ from the property line or buildings on the same property.
c) 45% exterior wall openings (in any story) in sprinklered buildings where the openings are 10’ to
less than 15’ from the property line or buildings on the same property.
69) Each building must have address identification placed in a position that is plainly legible and visible
from the street or road fronting the property. Numbers painted on the curb do not satisfy this
requirement. In new construction and substantial remodels, the address must be internally or
externally illuminated and remain illuminated at all hours of darkness. Numbers must be a minimum 4
inches in height with ½ inch stroke for residential occupancies and a minimum 6 inches in height with
Attachment 3-21
½ inch stroke for commercial applications. The address must be contrasting in color to their
background SMC 12.12.20.
70) Bollards must be placed in the garage to protect mechanical equipment, water heater, and washer
dryer from vehicular damage when located in the path of a vehicle.
71) 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.
72) School fees will be required for the project. Calculations are done by the San Rafael City Schools,
and those fees are paid directly to them prior to issuance of the building permit.
73) 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.
74) Walls separating purposed tenant space from existing neighboring tenant spaces must be a
minimum of 1-hour construction.
75) Multifamily dwelling and apartment accessible parking spaces shall be provided at a minimum rate
of 2 percent of the covered multifamily dwelling units. At least one space of each type of parking
facility shall be made accessible even if the total number exceeds 2 percent.
76) When parking is provided for multifamily dwellings and is not assigned to a resident or a group of
residents, at least 5 percent of the parking spaces shall be accessible and provide access to grade-
level entrances of 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.
77) 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 o 50 2
51 o 75 3
76 o 100 4
101 150 5
151 200 6
201 300 7
301 400 8
401 500 9
501 1,000 Two percent of total
1,001 and over Twenty, plus one for each
100 or fraction thereof over
1,001
Attachment 3-22
78) At least one disabled parking space must be van accessible; 9 feet wide parking space and 8 feet
wide off- load area. Additionally, one in every eight required handicap spaces must be van
accessible.
79) 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%.
Fire Department – Fire Prevention Bureau
80) Prior to issuance of building permit, the following requirements shall be added to the building permit
plans as Sheet SP-6:
a) Fire Lane signage shall be installed at both entrances that meet City of San Rafael Parking
Enforcement standards.
b) KNOX box installation at Community Rec Room exterior wall.
c) Fire Sprinkler system conforming to NFPA standards installed throughout.
d) all hydrants to be Clow model 960 appliances.
81) Plan Sheet SP-6 (Fire Engine Truck Access Plan) shall be part of the building permit submittal
packet and reviewed by the Fire Department as part of the building permit review.
Las Gallinas Valley Sanitation District
82) Las Gallinas Valley Sanitation District has determined that the proposed project is within the
Sphere of Influence and District facilities boundary. The proposed project must apply for and
receive an allocation of sewer capacity from this District before it can receive sewer services. The
proposed project must make satisfactory arrangements with this District for the construction of any
off-site or on-site sewers which may be required. The District has provided the following comments,
as of October 15, 2019: The District will consider a gravity option with the following conditions:
a) The initial report from Nute Engineering has indicated that a gravity option is not feasible
without flow diversion within the District collection system and upgrades to Rafael Meadows
Pump Station. This option is subject to final review by Nute Engineering. The District anticipates
receiving the Nute’s final recommendation and preliminary construction cost estimate by end of
October 2019.
b) The District has considered constructing flow diversion structures at its own expense to alleviate
surcharging of sanitary sewers in the area. However, at the minimum, applicant may be
required to cost share the electrical and pump upgrades to the Rafael Meadows Pump Station,
pending District Board approval.
c) If a gravity option is not feasible, the District will require a dedicated private pump station in
addition to the Rafael Meadows Pump Station upgrades as described above. The private pump
station option shall comply with the following conditions:
i) The pump station design shall meet the requirements set by the Regional Water Quality
Control Board and other regulatory agencies.
ii) The pump station shall include backup generator and pumps with series of sensors and
alarm systems to alert District staff of pump failure and potential sewage overflows.
iii) The pump station shall comply with city ordinance general noise limits (chapter 8.13),
which at a minimum are 60dBA intermittent daytime and 50dBA intermittent nighttime.
Attachment 3-23
d) Applicant shall submit plans electronically to LGVSD for review and approval. A Will
Serve Letter will be issued based on the following:
i) Approved plans designed with District standard details and specifications.
ii) Compliance with District requirements outlined in previous plan reviews.
iii) Other requirements based on future submittals.
Marin Municipal Water District
83) The applicant must enter into a pipeline extension agreement with the Marin Municipal Water
District for the installation of the necessary facilities and said agreement must be approved by the
District’s Board of Directors. All costs associated with a pipeline extension are borne by the
applicant.
84) Complete a High-pressure Water Service Application
85) Pay appropriate fees and charges
86) Complete the structure’s foundation within 120 days of the date of application
87) Comply with the District’s rules and regulations in effect at the time service is requested, including
the installation of a separate water service for each residential structure.
88) Comply with all indoor and outdoor requirements of District Code Title 13 – Water Conservation.
This may include ventilation of specific indoor fixture efficiency compliance.
89) If you are pursuing a landscaping project subject to review by your local planning department
and/or subject to a city permit, please contact the district water conservation department at 415-
945-1497 or e-mail to plancheck@marinwater.org. More information about district water
conservation requirements can be found online at www.marinwater.org.
90) Comply with the backflow preventer requirements, if upon the District’s review backflow protection
is warranted, including installation, testing and maintenance. Questions regarding backflow
requirements should be directed to the Backflow Prevention Program Coordinator at 415-945-1558.
91) Comply with Ordinance No.429 requiring the installation of gray water recycling systems when
practicable for all projects required to install new water service and existing structures undergoing
“substantial remodel” that necessitates an enlarged water service.
92) Comply with California water Code – Division 1, Chapter 8, Article 5, Section 537; which requires
individual metering of multiple living units within newly constructed structures.
During Construction and Grading
Community Development Department – Planning Division
93) Construction hours and activity (including any and all deliveries) are limited to the applicable
requirements set forth in Chapter 8.13 of the San Rafael Municipal Code.
94) AIR QUALITY (AQ -1): Include basic measures to control dust and exhaust during construction.
During any construction period ground disturbance, the applicant shall ensure that the project
contractor implement measures to control dust and exhaust. Implementation of the measures
recommended by BAAQMD and listed below would reduce the air quality impacts associated with
grading and new construction to a less-than-significant level. The contractor shall implement the
following best management practices that are required of all projects:
Attachment 3-24
a) All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved
access roads) shall be watered two times per day.
b) All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
c) All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power
vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
d) All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph).
e) All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible.
Building pads shall be laid as soon as possible after grading unless seeding or soil binders are
used.
f) Idling times shall be minimized either by shutting equipment off when not in use or reducing the
maximum idling time to 5 minutes (as required by the California airborne toxics control measure
Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be
provided for construction workers at all access points.
g) All construction equipment shall be maintained and properly tuned in accordance with
manufacturer's specifications. All equipment shall be checked by a certified mechanic and
determined to be running in proper condition prior to operation.
h) Post a publicly visible sign with the telephone number and person to contact at the Lead
Agency regarding dust complaints. This person shall respond and take corrective action within
48 hours. The Air District's phone number shall also be visible to ensure compliance with
applicable regulations.
95) AIR QUALITY (AQ -1a): All diesel-powered off-road equipment, larger than 25 horsepower,
operating on the site for more than two days continuously shall, at a minimum, meet U.S. EPA
particulate matter emissions standards for Tier 2 engines with CARB-certified Level 3 Diesel
Particulate Filters or equivalent.
a) The use of equipment meeting U.S. EPA Tier 4 standards for particulate matter would also
meet this requirement.
b) Use of equipment that includes alternatively fueled equipment (i.e., non-diesel) would meet this
requirement.
c) Other measures may be the use of added exhaust devices, or a combination of measures,
provided that these measures are approved by the City and demonstrated to reduce community
risk impacts to less-than-significant.
96) AIR QUALITY (AQ -2): Include high-efficiency particulate filtration systems in residential ventilation
systems. The significant exposure for new project receptors is judged by two effects: (1) increased
cancer risk, and (2) annual PM2.5 concentration. Exposure to cancer risk from U.S. Highway 101
are significant. Cancer risk is based on exposure to exhaust emissions while annual PM2.5
concentrations are based on the exposure to PM2.5 resulting from emissions attributable to truck
and auto exhaust, the wearing of brakes and tires and re-entrainment of roadway dust from
vehicles traveling over pavement. PM2.5 exposure drives the mitigation plan. Reducing PM2.5
exposures to less than significant would also reduce cancer risk to less than significant levels. The
project shall include the following measures to minimize long-term annual PM2.5 exposure for new
project occupants:
1. Install air filtration in residential dwellings. Air filtration devices shall be rated MERV 13
or higher. To ensure adequate health protection to sensitive receptors (i.e., residents),
this ventilation system, whether mechanical or passive, all fresh air circulated into the
dwelling units shall be filtered, as described above.
2. As part of implementing this measure, an ongoing maintenance plan for the buildings'
heating, ventilation, and air conditioning (HVAC) air filtration system shall be required.
3. Ensure that the use agreement and other property documents: (1) require cleaning,
maintenance, and monitoring of the affected buildings for air flow leaks, (2) include
Attachment 3-25
assurance that new owners or tenants are provided information on the ventilation
system, and (3) include provisions that fees associated with owning or leasing a unit(s)
in the building include funds for cleaning, maintenance, monitoring, and replacements of
the filters, as needed.
97) BIOLOGICAL RESOURCES (BIO-1): Pre-construction nesting bird and bat survey: The
nesting season is defined here a as being from February 1 to August 31 and therefore work should
commence between September 1 and January 31.
i) If this is not possible, and project activities are initiated during the nesting season, then a
nesting bird survey shall be conducted by a qualified wildlife biologist no more than 14 days
prior to the start of project activities.
ii) If nests are identified, a no-disturbance buffer should be implemented to avoid impacts to
nesting birds and should remain in place until all young are fledged or the nest otherwise
becomes inactive.
iii) Buffers typically range from 25 feet to 500 feet depending on the species.
iv) If work is to be initiated within the bat breeding/ winter roosting season, an assessment of
existing buildings should be performed prior to construction activities to determine if a roost
is present.
v) If a roost is observed, construction activities should be postponed until a qualified biologist
determines the bats are excluded from the roost location.
98) CULTURAL RESOURCES (CULT-1): Protect Archaeological Resources Identified during
Construction: The project sponsor shall ensure that construction crews stop all work within 100
feet of the discovery until a qualified archaeologist can assess the previously unrecorded discovery
and provide recommendations. Resources could include subsurface historic features such as
artifact-filled privies, wells, and refuse pits, and artifact deposits, along with concentrations of
adobe, stone, or concrete walls or foundations, and concentrations of ceramic, glass, or metal
materials. Native American archaeological materials could include obsidian and chert flaked stone
tools (such as projectile and dart points), midden (culturally derived darkened soil containing heat-
affected rock, artifacts, animal bones, and/or shellfish remains), and/or groundstone implements
(such as mortars and pestles).
99) CULTURAL RESOURCES (CULT-2): Protect Human Remains Identified During Construction:
The Project proponent shall treat any human remains and associated or unassociated funerary
objects discovered during soil-disturbing activities according to applicable State laws. Such
treatment includes work stoppage and immediate notification of the Marin County Coroner and
qualified archaeologist, and in the event that the Coroner’s determination that the human remains
are Native American, notification of NAHC according to the requirements in PRC Section 5097.98.
NAHC would appoint a Most Likely Descendant (“MLD”). A qualified archaeologist, Project
proponent, County of Marin, and MLD shall make all reasonable efforts to develop an agreement
for the treatment, with appropriate dignity, of any human remains and associated or unassociated
funerary objects (CEQA Guidelines Section 15064.5[d]). The agreement would take into
consideration the appropriate excavation, removal, recordation, analysis, custodianship, and final
disposition of the human remains and associated or unassociated funerary objects. The PRC
allows 48 hours to reach agreement on these matters.
100) GEOTEHCHNICAL (GEO-5): Should paleontological resources be encountered during project
subsurface construction activities located in previously undisturbed soil and bedrock, all ground-
disturbing activities within 25 feet shall be halted and a qualified paleontologist contacted to
assess the situation, consult with agencies as appropriate, and make recommendations for the
treatment of the discovery. For purposes of this mitigation, a “qualified paleontologist” shall be
an individual with the following qualifications: 1) a graduate degree in paleontology or geology
and/or a person with a demonstrated publication record in peer-reviewed paleontological
Attachment 3-26
journals; 2) at least two years of professional experience related to paleontology; 3) proficiency
in recognizing fossils in the field and determining their significance; 4) expertise in local geology,
stratigraphy, and biostratigraphy; and 5) experience collecting vertebrate fossils in the field.
a) If the paleontological resources are found to be significant and project activities cannot avoid
them, measures shall be implemented to ensure that the project does not cause a
substantial adverse change in the significance of the paleontological resource. Measures
may include monitoring, recording the fossil locality, data recovery and analysis, a final
report, and accessioning the fossil material and technical report to a paleontological
repository. Upon completion of the assessment, a report documenting methods, findings,
and recommendations shall be prepared and submitted to the City for review. If
paleontological materials are recovered, this report also shall be submitted to a
paleontological repository such as the University of California Museum of Paleontology,
along with significant paleontological materials. Public educational outreach may also be
appropriate.
b) The project applicants shall inform its contractor(s) of the sensitivity of the project site for
paleontological resources and shall verify that the following directive has been included in the
appropriate contract specification documents: “The subsurface of the construction site may
contain fossils. If fossils are encountered during project subsurface construction, all ground-
disturbing activities within 25 feet shall be halted and a qualified paleontologist contacted to
assess the situation, consult with agencies as appropriate, and make recommendations for
the treatment of the discovery. Project personnel shall not collect or move any
paleontological materials. Fossils can include plants and animals, and such trace fossil
evidence of past life as tracks or plant imprints. Marine sediments may contain invertebrate
fossils such as snails, clam and oyster shells, sponges, and protozoa; and vertebrate fossils
such as fish, whale, and sea lion bones. Vertebrate land mammals may include bones of
mammoth, camel, saber tooth cat, horse, and bison. Contractor acknowledges and
understands that excavation or removal of paleontological material is prohibited by law and
constitutes a misdemeanor under California Public Resources Code, Section 5097.5.”
101) NOISE (NOISE-1): Implementation of the following measures would reduce construction noise
levels emanating from the site, limit construction hours, and minimize disruption and annoyance.
a) Construction activities shall be limited to the hours specified in the City of San Rafael's
Municipal Code (7 am to 6 pm on weekdays and 9 am to 6 pm on Saturdays). No
construction activities are permitted on Sundays and holidays.
b) Limit use of the concrete saw to a distance of 50 feet or greater from residences, where
feasible. Construct temporary noise barriers to screen stationary noise-generating
equipment, such as the concrete saw, when located near adjoining sensitive land uses.
Temporary noise barriers could reduce construction noise levels by 5 dBA.
c) Equip all internal combustion engine-driven equipment with intake and exhaust mufflers
that are in good condition and appropriate for the equipment.
d) Unnecessary idling or internal combustion engines should be strictly prohibited.
e) Locate stationary noise-generating equipment such as air compressors or portable
power generators as far as possible from sensitive receptors.
f) Utilize "quiet" air compressors and other stationary noise sources where technology
exists.
g) Control noise from construction workers' radios to a point where they are not audible at
existing residences bordering the project site.
h) Notify all adjacent business, residences, and other noise-sensitive land uses of the
construction schedule, in writing, and provide a written schedule of "noisy" construction
activities to the adjacent land uses and nearby residences.
Attachment 3-27
i) Designate a "disturbance coordinator" who would be responsible for responding to any
complaints about construction noise. The disturbance coordinator will determine the
cause of the noise complaint (e.g., bad muffler, etc.) and will require that reasonable
measures be implemented to correct the problem. Conspicuously post a telephone
number for the disturbance coordinator at the construction site and include in it the
notice sent to neighbors regarding the construction schedule.
102) TRIBAL-1: Address the potential discovery of previously unknown resources within the project
area. If significant tribal cultural resources are identified onsite, all work would stop immediately
within 50 feet of the resource(s) and the project applicant would comply with all relevant State and
City policies and procedures prescribed under PRC Section 21074.
Prior to Final Occupancy
Community Development Department – Planning Division
103) A post-construction Acoustical Study shall be performed and submitted to the Planning Division to
confirm that the project was constructed compliant with noise reducing materials and construction
techniques as recommended in the Illingworth and Rodkin Acoustical Study.
104) AESTHETICS (AES-1): Prior to the Building Permit final inspection, the project applicant shall
submit to the satisfaction of the Community Development Department Director, a post-installation
photometric lighting study showing that the lighting on site complies with the approved lighting
levels per ED18-100 and the requirements of SRMC 14.16.227. The project applicant shall also
demonstrate to the Building Department that outdoor lighting fixtures meet the requirements of
the California Energy Code (known as Part 6, Title 24 of the California Code of Regulations).
105) Install any improvements required by TRANS-1 prior to final occupancy
106) HYDROLOGY (HYDRO-2): Prior to a certificate of occupancy, the Project applicant shall verify
that operational stormwater quality control measures that comply with the requirements of the
current Phase II Small MS4 Permit have been implemented. Responsibilities include, but are not
limited to:
a) Designing BMPs into Project features and operations to reduce potential impacts to
surface water quality and to manage changes in the timing and quantity of runoff
associated with operation of the project. These features shall be included in the
design‐level drainage plan and final development drawings.
b) The proposed project shall incorporate site design measures and Low Impact
Development design standards, including minimizing disturbed areas and impervious
surfaces, infiltration, harvesting, evapotranspiration, and/or bio‐treatment of stormwater
runoff.
c) The Project applicant shall establish an Operation and Maintenance Plan. This plan shall
specify a regular inspection schedule of stormwater treatment facilities in accordance
with the requirements of the Phase II Small MS4 Permit.
d) Funding for long‐term maintenance of all BMPs shall be specified.
107) The applicant shall contact the Planning Division to request a final inspection, prior to the
issuance of the final building permit. The final inspection shall require a minimum of 48-hours
advance notice. All landscaping and irrigation shall be installed prior to the occupancy of the
building or the property owner shall post a bond in the amount of the estimated landscaping/
Attachment 3-28
irrigation cost with the City of San Rafael. In the event that a bond is posted, all areas proposed
for landscaping must be covered with bark or a substitute material approved by the Planning
Division prior to occupancy. The landscape architect shall certify in writing and submit to the
Planning Division, and call for inspection, that the landscaping has been installed in accordance
with all aspects of the approved landscape plans, that the irrigation has been installed and been
tested for timing and function, and all plants including street trees are healthy. Any dying or dead
landscaping shall be replaced.
108) All exterior lighting shall be shielded down. Following the issuance of a certificate of occupancy,
all exterior lighting shall be subject to a 90-day lighting level review by the Police Department
and Planning Division to ensure compatibility with the surrounding area.
109) All plan details shall be implemented as indicated plans approved for building permit, in
compliance with all conditions of approval and applicable City zoning code requirements, to the
satisfaction of the Community Development Director. Any outstanding fees including planning
review fees, inspection fees, etc. shall be paid.
Fire Department – Fire Prevention Bureau
110) Prior to Final occupancy, the following requirements shall be installed in addition to all Fire code
Requirements on the site and shown on the Fire Engine Truck Access Plan Sheet SP-6:
a) Fire Lane signage shall be installed at both entrances that meet City of San Rafael Parking
Enforcement standards.
b) KNOX box shall be installed at Community Rec Room exterior wall.
c) Fire Sprinkler system conforming to NFPA standards installed throughout.
d) All hydrants installed on site shall be Clow model 960 appliances.
Tentative Subdivision Map Conditions of Approval
(TS18-006)
Community Development Department - Planning Division
1. The Tentative Subdivision Map (TS18-006) shall be valid for a period of three (3) years from the
date of City Council approval, or until December 10, 2022 and shall become null and void unless a
Final Map has been recorded or a time extension is granted.
2. The proposed project is approved as a Three-Phase development, consisting of a Phase One “pre-
phase” (on and off-site improvements) to complete building Phase One -construction of Buildings
1-4 and all landscaping north of Private street “A” (Fall 2021) and Phase Three- construction of
Buildings 5-9, tree removal along the south property line and all remaining landscaping (Summer
2022). The Final Map may be recorded in phases or all at once.
3. The project shall be subject to the affordable housing requirements prescribed in Section 14.16.030
of the San Rafael Zoning Ordinance and is therefore required to provide nine (9) of the 45 for-sale
units as affordable. Prior to the issuance of a building permit or recordation of the final map,
whichever occurs first, a Below Market Rate (BMR) agreement for the nine (9) affordable unit shall
be approved by the City Council and recorded on the property. Consistent with the affordable
housing requirements, five (5) of the units shall be affordable to low-income household and four (4)
of the units shall be affordable at the moderate-income level. The location of the BMR units shall
be identified on the project plans and the final location shall be subject to review and approval of
the City as part of the City’s consideration of the BMR agreement. Please contact the Marin
Housing Authority to commence the agreement process.
4. Prior to issuance of building permits or prior to the recordation of a Final Map, whichever occurs
first, the developer shall pay to the City in lieu parkland dedication fees for 45 new units in
Attachment 3-29
accordance with the provisions of City Council Ordinance No. 1558, which would be 45 x 2.5
persons/dwelling unit x 3 acres per 1,000 persons x $262,396.80 = $88,558.92
5. Conditions, Covenants and Restrictions (CC&R’s) shall be prepared and submitted with an
application for a Final Parcel Map. The CC&R’s shall include the following requirements and
provisions:
a. The formation of a homeowner’s association (HOA).
b. Project will be governed by a homeowner’s association (HOA) which will manage, maintain
and operate the Project in accordance with Conditions, Covenants and Restrictions
(CC&Rs) to be recorded against each unit and the common areas, Articles of Incorporation
(Articles) and Bylaws. The HOA will have the right to adopt rules, regulations and
guidelines, including design guidelines and community space rules to implement the
CC&Rs. HOA responsibilities for ongoing maintenance of the shared or common facilities,
including but not limited to the common driveway, common landscaping and irrigation,
fencing, subdivision infrastructure improvements (storm water and sanitary sewer facilities)
and exterior building and lighting improvements. All common areas including the Creek
Promenade and the Paseos will be owned, managed and controlled by the HOA. Initially the
builder will own all units within the project and will control the HOA until sufficient units have
been sold for a HOA Board of Directors to be elected. The builder will pay HOA dues to the
HOA for each unit until each unit is sold. Restrictions and regulations imposed on each lot
owner. The CC&R’s shall include provisions, which restrict the use of the parking spaces to
vehicle parking.
c. Requirements and provisions for professional management services or the services of a
Certified Public Accountant to oversee the HOA responsibilities and budget.
d. Include an article providing for rights of the City of San Rafael, as follows:
ARTICLE ____. RIGHTS OF THE CITY OF SAN RAFAEL
1. Use Restrictions. In furtherance of the police power of the City of San Rafael, the
following provisions will apply to the Property:
(a) no re-subdivision of any Lot shown on the Map will be done without the approval
and consent of the City of San Rafael.
(b) the restrictions set out in this Declaration will burden the Property, for the benefit
of the City of San Rafael, and the same are enforceable by and will inure to the benefit of
the City of San Rafael.
2. Right to Remedy Failure to Maintain Common Area. In the event that there is a
failure to maintain the Common Area so that owners, lessees, and their guests suffer, or
will suffer, substantial diminution in the enjoyment, use, or property value of their Project,
thereby impairing the health, safety and welfare of the residents in the Project, the City, by
and through its duly authorized officers and employees, will have the right to enter upon
the subject Property, and to commence and complete such work as is necessary to
maintain said Common Area. The City will enter and repair only if, after giving the
Association and Owners written notice of the failure to maintain the Common Area, they do
not commence correction of such conditions in no more than thirty (30) days from the
giving of the notice and proceed diligently to completion. All expenses incurred by the City
shall be paid within thirty (30) days of written demand. Upon a failure to pay within said
Attachment 3-30
thirty (30) days, the City will have the right to impose a lien for the proportionate share of
such costs against each Lot in the Project.
It is understood that by the provisions hereof, the City is not required to take any
affirmative action, and any action undertaken by the City will be that which, in its sole
discretion, it deems reasonable to protect the public health, safety and general welfare,
and to enforce it and the regulations and ordinances and other laws.
It is understood that action or inaction by the City, under the provisions hereof, will not
constitute a waiver or relinquishment of any of its rights to seek redress for the violation of
any of the provisions of these restrictions or any of the rules, regulations and ordinances of
the City, or of other laws by way of a suit in law or equity in a court of competent
jurisdiction or by other action.
It is further understood that the remedies available to the City by the provision of this
section or by reason of any other provisions of law will be cumulative and not exclusive of
the maintenance of any other remedy. In this connection, it is understood and agreed that
the failure to maintain the Common Area will be deemed to be a public nuisance and the
City will have the right to abate said condition, assess the costs thereof, and cause the
collection of said assessments to be made on the tax roll in the manner provided by
appropriate provisions of the San Rafael Municipal Code or any other applicable law.
The City Council of the City may, at any time, relinquish its rights and interest in the
Project as herein set forth by appropriate resolution. Any such relinquishment by the City
Council will be effective on the date that the resolution is adopted, and a copy thereof is
placed in the United States mail, postage prepaid, addressed to the Association. The
Owner will execute and record a declaration reflecting such relinquishment within ten (10)
days of receipt of a copy of the resolution.
3. No Waiver. No failure of the City of San Rafael to enforce any of the covenants or
restrictions contained herein will in any event render them ineffective.
4. Third-Party Beneficiary. The rights of the City of San Rafael pursuant to this Article
will be the rights of an intended third party beneficiary of a contract, as provided in Section
1559 of the California Civil Code, except that there will be no right of Declarant, the
Association, or any Owner(s) to rescind the contract involved so as to defeat such rights of
the City of San Rafael.
5. Hold Harmless. Declarant, Owners, and each successor in interest of Declarant and
said Owners, hereby agree to save and hold the City of San Rafael harmless from any and
all liability for inverse condemnation which may result from, or be based upon, City’s
approval of the Development of the subject Property.
6. Amendments. The City of San Rafael will be given reasonable advance notice in
writing of any amendments to the Declaration affecting the rights of the City as provided
herein, and no such amendment will be deemed effective without the written consent of the
San Rafael City Council.
6. Prior to recordation of the final map, the CC&R’s shall be reviewed and approved by the
Department of Community Development and the City Attorney’s Office.
7. Approved CC&R’s shall be recorded concurrently with the final map.
Attachment 3-31
Department of Public Works - Land Development Division
8. A Final Map shall be required to be filed and approved by the Department of Public Works.
9. Should the applicant elect to record the final map prior to completion of the subdivision
improvements, a subdivision improvement agreement shall be required. As part of this agreement
bonds shall be required based on the engineer’s estimate. The current fees for the subdivision:
$2,615.00 Improvement Plan Check
$3,285.00 minimum, (or actual cost if greater) for Final Map Plan Check.
$1,464.00 Subdivision Improvement Inspection Fees.
Master Use Permit Conditions of Approval
(UP18-039)
1. Except as modified herein, the Master Use Permit (UP18-039) authorizes redevelopment of the
existing 2.28-acre site for residential use as shown in the approved plans in a maximum of three (3)
phases. Although phasing is not required, this Use Permit authorizes that the project may be
phased as follows, subject to the conditions of approval
a) Phase One (Pre-Phase) which entails site preparation, demolition, landscaping/tree removal
(except no removal of existing trees along the southern property line).
b) Phase Two – Construction of Buildings 1- through Building 4 (a total of 25 units, including five
(5) BMR units), trash enclosure, and creek promenade enhancements including landscaping,
hardscape and recreational amenities.
c) Phase Three - Construction of Building 5 through Building 9 (a total of 20 units, including four
(4) BMR units), removal of existing trees along southern property line and the remaining
landscaping.
2. Should the project proceed in a phased development approach, the following requirements shall
apply:
a) All site improvement, roadways, sidewalk, utilities shall be installed and completed no later than
the completion of Phase Two.
b) Landscaping may be installed by each phase:
i. Prior to final occupancy of Phase Two, the approved landscaping along the Merrydale
Rd border (along Building 1) and along the Highway 101 frontage (Building 3 and
Building 4) along with all other on-site landscaping in that phase, shall be installed.
ii. Prior to final occupancy of Phase Three, the approved landscaping along the Merrydale
Rd border (along Building 9) and along the Highway 101/Redwood Hwy frontage
(Building 5 and Building 6), along with all other on-site landscaping in that phase, shall
be installed.
c) This Master Use Permit (UP18-039) shall be valid for three (3) years from the date of City
Council approval, or until December 10, 2022 and shall become null and void if: 1) a building
permits(s) have not been obtained and construction diligently commenced and pursued for all 9
buildings (45 units); 2) construction has not commenced on both Phase Two and Phase Three;
3) the project has not substantially progressed in constructions of Phase Two and Three; or 4)
a time extension request has not been received before December 10, 2022. The time
extension application (including project plans) must be submitted to the Planning Department
Attachment 3-32
with all associated fees. The time extension is subject to a public hearing and review and
approval by the Planning Commission.
d)Once the building permit(s) is/are issued and construction and framing are commenced within
the three (3) year period, then the Use Permit shall become valid and run with the land and will
not have an expiration date. On-going compliance with all conditions of approval shall be
required to keep the Use Permit valid.
3.Prior to completion of Phase Two, an “Interim Site Plan” for the area of Phase Three shall be
submitted, to address visual conditions, dust/erosion control, security and drainage and site
maintenance. This plan shall be subject to review and approval of the Community Development
Department and Department of Public Works.
4.Once the Interim Site Plan is approved, all specific conditions of the interim plan for the area of
Phase Three shall be installed per the approved plan, prior to final occupancy of Buildings 1
through Building 4, as approved per Phase Two construction.
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 3rd day of February 2020, by the following vote to wit:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: Colin, Gamblin, McCullough & Mayor Phillips
COUNCILMEMBERS: None
COUNCILMEMBERS: Bushey
LINDSAY LARA, City Clerk