HomeMy WebLinkAboutCC Resolution 14808 (Appeal of Approved 7-Unit Multifamily Residential Bldg. - 104 Shaver Street)
Attachment 1-1
File Nos. AP20-001, UP19-013, ED19-030, & V19-003
RESOLUTION NO. 14808
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL DENYING AN APPEAL (AP20-001)
AND UPHOLDING THE PLANNING COMMISSION’S APRIL 14, 2020 CONDITIONAL
APPROVAL OF A USE PERMIT (UP19-013), AN ENVIRONMENTAL AND DESIGN REVIEW
PERMIT (ED19-030) AND VARIANCES (V19-003) TO ALLOW THE CONSTRUCTION OF A
NEW, 7-UNIT MULTIFAMILY RESIDENTIAL APARTMENT BUILDING WITH GARAGE
PARKING SPACES AND ASSOCIATED SITE IMPROVEMENTS (GRADING, DRAINAGE
AND LANDSCAPING) ON A 6,264 SQ. FT. DOWNTOWN LOT LOCATED AT
104 SHAVER ST. (APN: 011-254-40)
WHEREAS, On July 23, 2018, the applicant filed for Pre-Application to request
preliminary feedback on this potential project. City Departments reviewed the preliminary
project, conducted a Development Coordinating Committee (DCC) meeting to review all
comments, provided written comments to the applicant on August 30, 2018 and conducted a
follow-up meeting with the applicant to answer any follow-up questions from the Pre-application
letter; and
WHEREAS, on December 14, 2018, as required by San Rafael Municipal Code (SRMC)
Section 14.25.030 (B), the applicant filed for Conceptual Design Review to request preliminary
design feedback from the Design Review Board (Board); and
WHEREAS, on February 5, 2019, the Board provided Conceptual Design Review
comments on the project, which included: 1) Parking needs to be re-evaluated to eliminate
conflict with access and compliant; 2) Explore encroaching into or eliminating the interior side
yard setback in order to comply with the required minimum 10’ street side setback; 3) Reduce
paving within the street side setback to provide a more pedestrian scale; 4) Explore increasing
the width of the staircase along the Shaver St. frontage and making it the primary entrance to
the upper units while reducing the width of the staircase along the Third St. frontage and
making it the secondary entrance; 5) Explore providing more storage for the units; and 6)
Increase the use of landscape planters around the common outdoor areas on the podium level;
and
WHEREAS, on April 25, 2019, formal project applications were submitted to the
Community Development Department, Planning Division, requesting a Use Permit (UP19-013),
an Environmental and Design Review Permit (ED19-030) and Variances (V19-003) for the
current project; and
WHEREAS, the project proposes the maximum density allowed under the High Density
Residential (HDR) General Plan land use designation and the High-Density Multifamily
Residential (HR1) zoning district. General Plan 2020 Housing Policy H-14b (Efficient Use of
Multifamily Housing Sites) requires approval of multifamily residential projects at the mid- to
high-range of allowable density, which this project would attain. While the project site itself is
not identified in the General Plan as a housing opportunity site, the adjacent parcel immediately
north of the site (the AT&T telecommunications switching facility located at 220 Shaver St.) is
identified as a housing opportunity site; and
WHEREAS, on December 17, 2019, the Board reviewed the formal project for site and
building design and continued the agenda item with the following consensus comments: 1)
Contemporary design of project is appropriate for the challenging transitional site; 2) Eliminate
Attachment 1-2
File Nos. AP20-001, UP19-013, ED19-030, & V19-003
the inconsistencies between the drawings within the plan set, particularly the elevation
renderings to the floor plans for the upper staircase located at the corner of Third and Shaver
Streets; 3) Provide details showing the ground-floor stucco and upper wood siding; 4) Eliminate
the landscaped area underneath the cantilever upper-story decks on the east elevation; 5) The
project shall provide compliant required on-site parking; 6) Garage parking shall be
reconfigured to eliminate the potential for parking spaces #5-7 to backout directly onto Shaver
St.; 7) All bicycle parking shall be secured; 8) Widen the third-story corridor; 9) Landscape plan
shall clearly identify all bioswales, confirm adequacy of plant species in bioswales, reduce vine
species to one, provide additional details on “biofiltration sod”, and eliminate “drainage swale
hydroseed” detail; and
WHEREAS, on February 19, 2020, the Board reviewed design revisions to the formal
project and unanimously (4-0-2 vote; Paul and Rege absent) recommended approval of the site
and building design, as presented; and
WHEREAS, on April 14, 2020, the San Rafael Planning Commission (Planning
Commission) held a duly noticed hearing to consider Use Permit (UP19-013), Environmental
and Design Review Permit (ED19-030) and Variance (V19-003) applications, and accepted and
considered all oral and written public testimony and the written report of Planning staff; and
WHEREAS, on April 14, 2020, the Planning Commission unanimously adopted
Resolution No. 20-12 (6-0 vote), approving the Use Permit (UP19-013), the Environmental and
Design Review Permit (ED19-030) and the Variances (V19-003), subject to the addition of a
condition of approval requiring that all garage parking spaces be pre-wired to allow for future
installation of Level 2 (240-volt) electric charging stations (Condition 4, ED19-030); and
WHEREAS, on April 16, 2020, an appeal of the Planning Commission’s action was filed
by Donni Uzarski, a nearby resident, and her sister Dale Wallis, as co-appellants. The appeal
letter raises three (3) appeal points: 1) the project will create traffic safety impacts; 2) the
project will create parking impacts within the neighborhood; and 3) existing flooding issues in
the neighborhood will increase as a result of the project; and
WHEREAS, on June 1, 2020, the City Council held a duly noticed public hearing to
consider the Appeal (AP20-001), accepting and considering all oral and written public testimony
and the written report of the Community Development Department 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; and
WHEREAS, the City Council finds that Appeal Point #1 should not be sustained, as
substantial evidence in the record shows that the project approval will not result in adverse
traffic safety impacts, as follows:
1. The Department of Public Works, Traffic Division, staff has found that the project meets
their engineering standards for traffic safety. During the Preliminary Review of this
project, the driveway exiting out of the site was proposed on Third St. This was flagged
as an issue by the Public Works Traffic Division given the potential conflict of vehicles
entering/exiting the site from Third St. and vehicle speeds and limited sight distance
conditions along 3rd St. The project was later revised to the current proposal, by moving
the driveway exclusively onto Shaver St.
Attachment 1-3
File Nos. AP20-001, UP19-013, ED19-030, & V19-003
2. The project is also consistent with all applicable development standards within the HR1
zoning District, subject to requested automatic concessions under the State Density
Bonus law, Parking Modifications and Variances. Some of the development standards
for which the Variances were granted (reducing the street side yard and garage
setbacks), could have potential safety implications; however, Department of Public
Works staff considered sight distance and potential stacking/queuing of vehicles and
determined that the project, as designed, meets traffic safety standards. This project
further mitigates safety concerns by:
• Locating the driveway as far away from the intersection as practical, which allows for
better visibility, and access to Shaver St. for navigating the intersection;
• Eliminating an existing secondary driveway curb cut along the Third St. elevation;
and
• Incorporating the means to turn around on-site into the design. With constrained
dimensions, the applicants were able to provide a parking configuration which will
minimize conflicts and keep maneuvering on-site, rather than occurring on the
street.
3. On April 14, 2020, the Planning Commission reviewed and approved the project with the
following two additional conditions that further reduce site distance and queuing
impacts:
• Environmental and Design Review Permit Condition #39 – Requires confirmation on
the building plans that the monument sign and landscaping located at the corner of
Third and Shaver St. complies with the safe sight distance; and
• Environmental and Design Review Permit Condition #41 - Requires that any garage
gate system include remote activation to prevent queueing onto Shaver St.
WHEREAS, the City Council finds that Appeal Point #2 should not be sustained, as
substantial evidence in the record shows that the project approval will not result in adverse
parking impacts within the neighborhood, as follows:
1. The site is located Downtown, within the High-Density Multifamily Residential (HR1)
zoning district. San Rafael Municipal Code (SRMC) Chapter 14.18 identifies parking
requirements for all uses within the City, including new multifamily residential
development. The adopted parking standards for multifamily residential development
within the Downtown, like this project, require the following parking:
• One parking space for each studio and 1-bedroom unit and 2-bedroom units less
than 900 sq. ft. in size; plus
• One guest parking space for every five (5) units.
Therefore, eight onsite parking spaces are required (7 for units, and one for guest),
while seven spaces have been proposed. The requested reduction in parking was to
eliminate the one guest parking space required. To support the reduction in required
vehicle parking, the project proposes to increase bicycle parking, as is allowed by the
Zoning Ordinance, the project is required to provide one (1) short-term bike rack with a
capacity for two (2) bicycles. The project proposes to provide six (6) secured, long-term
bicycle racks in the garage. Recently adopted amendments to the Zoning Ordinance
(SRMC Section 14.18.090.D) codified portions of the 2017 Downtown Parking and
Attachment 1-4
File Nos. AP20-001, UP19-013, ED19-030, & V19-003
Wayfinding Study which allows excess bicycle parking to qualify the project for a
reduction in vehicle parking. The requested parking modification has been approved by
the Community Development Director, the City Engineer, and the Planning Commission
in view of the provision of a surplus of bicycle parking in an area determined to have
ample street parking in the vicinity of the site.
2. Guest parking functions as an intermittent use. The 2017 Downtown Parking and
Wayfinding study identified that while parking in this area of downtown may be fairly well
utilized, there remains some capacity of on street parking in and around this site. In
addition, this development would eliminate an unused curb-cut on Third St., which will
add back an on-street parking space.
3. Separate from this project, the City is in the process of developing plans for
improvements on the entire Third St. corridor. These improvements are anticipated to
improve the safety of traffic flow and street parking along the corridor. With these
improvements, street parking may be better utilized. During construction some
temporary impacts may be necessary, however the applicant is required to develop a
construction management plan to reduce these temporary impacts and coordinate with
neighbors. it is not anticipated that this project will add any impact to street parking that
exceed what would otherwise be permissible without the parking modification.
4. The applicant has developed a plan that allows vehicles to turn around on-site, which
improves safety. In order to accommodate this and to meet other requirements, the
number of compact spaces has increased. For reference, in the downtown area
standard parking spaces are 18’. Many passenger vehicles are smaller than this
dimension. Coordination among the residents or owner may be implemented to ensure
that the spaces provided are distributed to meet the needs of the development. The
applicant may be able to address this concern directly with a parking management plan
on site.
WHEREAS, the City Council finds that Appeal Point #3 should not be sustained, as
substantial evidence in the record shows that the project complies with current flood hazard and
storm water requirements and project approval will not result in an increase in flooding issues in
the neighborhood, as follows:
1. The Geotechnical Investigation Report by Visha Consultants Inc. dated January 25,
2019 submitted in support of this application indicates that soil borings on the site
encountered groundwater at 15’ below the ground surface. Based on monitoring well
data for sites located in the vicinity, a seasonal high groundwater table of 8’ below
ground surface is anticipated, though actual groundwater levels will fluctuate depending
on yearly and seasonal rainfall variations. The report determined that the subsurface
groundwater will not affect the proposed grading and construction required for the
project, provided recommendations presented in the report are implemented to
earthwork and foundation design.
2. The project plans also include both a Drainage Plan (Sh. C-2) and a more detailed
Drainage Management Plan (Sh. SD-1) which identify stormwater runoff (surface and
roof) directed to landscaped bioretention areas for absorption prior to entering the City’s
stormwater drainage system. Any new development is required to meet stormwater
treatment and retention requirements. Bioretention is identified to be incorporated into
the landscaping plan. These requirements are uniformly applied to projects throughout
Attachment 1-5
File Nos. AP20-001, UP19-013, ED19-030, & V19-003
the City. The specific details of the bioretention will be included as part of the building
permit phase, however the sizing and location has been included on the entitlements to
ensure that the necessary stormwater treatment and retention can be accommodated
within the proposed design.
3. Shaver St. has a branch of the drainage system that connects to San Rafael Creek. A
portion of the San Rafael Creek has been mapped by FEMA with a special flood hazard
area along the creek according to the Flood Insurance Study. As part of the
development standards required of any development, the project is not allowed to
increase runoff, and this is typically accomplished with bioretention. The applicant has
proposed to include bioretention according to the Marin County Stormwater Pollution
Prevention Program (MCSTOPPP) standards. The performance of these facilities was
analyzed by MCSTOPPP and it was determined that they meet requirements.
Therefore, no additional analysis was required for this project.
4. Localized flooding in this area (along with many parts of the City) may be observed
when blockages to the storm drainage system occur. City streets maintenance staff
frequently clear catch basins of leaves and other debris. However, these blockages can
still occur when large rain events occur at the same time, during the fall when leaves
drop from trees. City staff will continue to respond during rain events as well as provide
preventative maintenance ahead of the fall/winter periods. If a blocked drain is
observed, the community can contact the Department of Public W orks.
NOW, THEREFORE BE IT RESOLVED, that the City Council hereby denies the Appeal
(AP20-001) and upholds the Planning Commission’s April 14, 2020 conditional approval of the
Use Permit (UP19-013), Environmental and Design Review Permit (ED19-030) and Variances
(V19-003), which allows the construction of a new 7-unit, multifamily residential apartment
building with garage parking and associated site improvements, including minor grading,
drainage and landscaping, on a Downtown parcel located at 104 Shaver St., based on the
following findings:
Use Permit (UP19-013)
Findings
A. The proposed new multifamily residential development with Parking Modifications to
reduce required parking from eight (8) to seven (7) spaces and to increase the
percentage of allowable compact parking from 30% (2 spaces) to 50% (4 spaces), as
revised and conditioned, will be in accord with the San Rafael General Plan 2020, the
objectives of Title 14 of the San Rafael Municipal Code (the Zoning Ordinance) and the
purposes of the High -Density Multifamily Residential (HR1) District, in which the project
site is located, given that;
1. As documented in the General Plan 2020 Consistency Table (Exhibit 3; 4/14/20
Planning Commission Staff Report) the proposed project will implement and
promote the goals and policies of the San Rafael General Plan 2020;
2. As documented in the Zoning Ordinance Consistency Table (Exhibit 4; 4/14/20
Planning Commission Staff Report) the proposed project will be consistent with
the objectives of the Zoning Ordinance; and
3. The proposed project will be consistent with the purposes of the HR1 District,
given that; a) The project will provide for high-density residential development in
the HR1 District, a high-density residential zoning district; b) The project will
Attachment 1-6
File Nos. AP20-001, UP19-013, ED19-030, & V19-003
provide a wide variety of housing opportunities in terms of housing type (market-
rate, ADA-accessible and affordable residential ‘rental’ units) and sizes (1-
bedroom unit 806 sq. ft. in size and 2-bedroom units 807- 899 sq. ft. in size), c)
The project will help promote San Rafael's Downtown area as a viable
commercial and financial center, and as an urban center with a mixture of civic,
social, entertainment, cultural and residential uses due to its unique location in
the Downtown (one block south of Fourth St.); future residents are anticipated to
frequent existing and future businesses in the Downtown and help achieve the
City’s goal of ‘alive-after-five’ by helping to activate the Downtown in the
evenings and on weekends; d) The project will help create an inviting
appearance along both the Third St. and Shaver St. frontages by installing new
street trees and landscaped setbacks; e) The project has been reviewed by the
appropriate City department and non-city agencies and determined that
adequate infrastructure exists to meet all new service demands; and f) On
February 19, 2020, the Design Review Board reviewed and recommended
approval of the project, determining the project design will protect and enhance
the existing land use development pattern and character within the immediate
surrounding neighborhood, which is a mixture of high-density multifamily
residential to the south, commercial to the north and east and duplex residential
to the west.
B. The proposed new multifamily residential development with Parking Modifications to
reduce required parking from eight (8) to seven (7) spaces and to increase the
percentage of allowable compact parking from 30% (2 spaces) to 50% (4 spaces), as
revised and conditioned, will not be detrimental to the public healrth, safety or welfare, or
materially injurious to properties or improvements in the vicinity, or to the general
welfare of the City, given that; the project has been reviewed by appropriate City
departments, non-City agencies, the appropriate surrounding neighborhood groups
(Downtown Business Improvement District, and Federation of San Rafael
Neighborhoods), interested parties, the Design Review Board at three (3) separate
meetings (conceptual review on February 5, 2019 and formal project review on
December 17, 2019 and February 19, 2020) and conditions of approval have been
included to mitigate any potential negative impacts anticipated to be generated by the
proposed project;
Both the Public Works and Community Development Directors support the Parking
Modification to reduce required parking, give that; bicycle parking will be increased (from
2 to 6 secured/garage bicycle parking spaces) and the area surrounding the project site
has been determined to have ample street parking beyond Shaver St. and Latham St.;
Both the Public Works and Community Development Directors also support the Parking
Modification to increase the percentage of compact parking for the project, from a
maximum of 30% (2 spaces) to 50% (4 spaces) to help provide greater maneuverability
within the garage area; and
C. The proposed new multifamily residential development with Parking Modifications to
reduce required parking from eight (8) to seven (7) spaces and to increase the
percentage of allowable compact parking from 30% (2 spaces) to 50% (4 spaces), as
revised and conditioned, will comply with each of the applicable provisions of the Zoning
Ordinance, given that; as documented in the Zoning Ordinance Consistency Table
(Exhibit 4; 4/14/20 Planning Commission Staff Report).
Attachment 1-7
File Nos. AP20-001, UP19-013, ED19-030, & V19-003
Environmental and Design Review Permit (ED19-030)
Findings
A. The project design, as revised and conditioned, will be in accordance with the San
Rafael General Plan 2020, the objectives of Title 14 of the San Rafael Municipal Code
(the Zoning Ordinance) and the purposes of Chapter 25 of the Zoning Ordinance
(Environmental and Design Review Permits), given that;
1. As documented in the General Plan 2020 Consistency Table (Exhibit 3; 4/14/20
Planning Commission Staff Report), the proposed project will implement and
promote the goals and policies of the San Rafael General Plan 2020;
2. As documented in the Zoning Ordinance Consistency Table (Exhibit 4; 4/14/20
Planning Commission Staff Report), the proposed project will be consistent with
the objectives of the Zoning Ordinance; and
3. The proposed project will be consistent with the purposes of Environmental and
Design Review Permits, given that; the project will maintain and improve the
quality of, and relationship between, development and the surrounding area to
contribute to the attractiveness of the City, as determined during the review of
the project by the Board during three (3) separate meetings (conceptual review
on February 5, 2019 and formal design review on December 17, 2019 and
February 19, 2020). On February 19, 2020, the Board unanimously
recommended approval of the site and building design, as revised and
presented.
B. The project design, as revised and conditioned, is consistent with all applicable site,
architecture and landscaping design criteria and guidelines for the High-Density
Residential (HR1) District in which the project site is located, given that;
1. The project will be consistent with the maximum allowable density for the site,
which is 6 units based on 6,264 sq. ft. of total lot area, subject to a request for an
automatic density bonuses under the State Density Bonus law after meeting
mandatory affordable housing requirements (By providing 1 affordable rental
unit, the project is eligible for up to 3 bonus density units. The project proposes 1
density bonus unit);
2. The project will be consistent with the maximum height allowed (Uniform Building
Code 1997) for the project site, which is 36’ (The project proposes a 35’ building
height);
3. The project will be consistent with the minimum required front yard setback,
which is 15’ front (Shaver St. frontage);
4. The project will be consistent with the minimum required street side yard setback
(Third St. frontage), subject to the approval of a requested setback reduction as
an automatic concession under the State Density Bonus law after meeting
mandatory affordable housing requirements (reduced from 10’ to 8’);
5. The project will be consistent with the minimum required interior side yard
setback (shared with the commercial office at 220 Shaver St.), subject to the
approval of a requested setback reduction as a Variance (reduced from 5’ to
zero or 0’) and separate findings have been made below;
6. The project will be consistent with the minimum required garage setback (Shaver
St.), subject to the approval of a requested setback reduction as a Variance
(reduced from 20’ to 15’) and separate findings have been made below;
Attachment 1-8
File Nos. AP20-001, UP19-013, ED19-030, & V19-003
7. The project will be consistent with the maximum allowable lot coverage, subject
to the approval of a requested increase in lot coverage as an automatic
concession under the State Density Bonus law after meeting mandatory
affordable housing requirements (increased from 60% to 65%);
8. The project will be consistent with the minimum landscaping requirement for the
project site, which is 50% of the required front and street side yards (The project
proposes 489 sq. ft. of required front yard landscaping where 466 sq. ft. is
required and 1,031 sq. ft. of required street side yard landscaping where 627 sq.
ft. is required);
9. The project will provide 1,552 sq. ft. of private and common outdoor recreational
area or an average of 212.7 sq. ft. of outdoor recreational area per unit where a
minimum of 700 sq. ft. or an average of 100 sq. ft. is required;
10. The project will be consistent with the parking requirement, subject to the
approval of a requested Parking Modification, to reduce the required parking
from 8 to 7 on-site parking spaces by elimination of the required (1 space) guest
parking and separate findings have been made above;
11. The project will be consistent with the compact parking space requirement,
subject to the approval of a requested Parking Modification, to increase the
percentage of compact parking spaces from a maximum of 30% to 50%
(increased from 2 to 4 compact spaces) and separate findings have been made
above;
12. The provisions of Marin Municipal Water District’s (MMWD) most recent water
conservation and new ‘graywater’ requirements apply to the project, where
MMWD approval is required prior to the issuance of any building or grading
permit; and
13. The proposed project will be consistent with review criteria for Environmental and
Design Review Permits (Chapter 14.25 of the Zoning Ordinance), by proposing a
consistent, high-quality architectural design (colors and materials; scale; bulk
and mass; fenestration and articulation) throughout the project site.
C. The project design, as revised and conditioned, minimizes adverse environmental
impacts, given that;
1. The project design includes storm water retention areas or ‘bioswales’ which will
have the effect of creating a ‘no net change’ in the rate of storm water drainage
on the project site, as determined and recommended for approval by the City
Engineer after reviewing submitted drainage plans for the project;
2. The project site is already significantly developed and disturbed and neither
contains, nor is immediately contiguous to, recognizable wetlands, creeks or
similarly sensitive environmental features, and it has not been identified in the
San Rafael General Plan 2020 (Exhibit 38 – Threatened and Endangered
Species) as a general location were threatened and endangered species have
been previously observed or maintain a suitable habitat for their likely presence
to be found; and
3. The project is exempt from CEQA pursuant to CEQA Guidelines Section 15332
(In-Fill Development Projects), as determined by staff (see determination below).
D. The project design, as revised and conditioned, will not be detrimental to the public
health, safety or welfare, or materially injurious to properties or improvements in the
vicinity, or to the general welfare of the City, given that; the project has been reviewed
by appropriate City departments, non-City agencies, the appropriate surrounding
Attachment 1-9
File Nos. AP20-001, UP19-013, ED19-030, & V19-003
neighborhood groups (Federation of San Rafael Neighborhoods and Downtown
Business Improvement District), interested parties, and the Design Review Board during
three (3) separate meetings (conceptual review on February 5, 2019 and formal design
review on December 17, 2019 and February 19, 2020). On February 19, 2020, the
Board unanimously recommended approval of the site and building design, as revised
and presented.
Variance (V19-003)
Findings
A. Because of special circumstances are applicable to the site, including size, shape,
topography, location or surroundings, strict application of the side yard setback
requirements and retaining wall height deprives the properties of privileges enjoyed by
other properties in the vicinity and within the same High-Density Multifamily Residential
(HR1) District, given that: the site is a triangular-shaped corner lot (Third St. and Shaver
St.) which eliminates the rear yard and has an average width of 48’ where a minimum
60’ lot width is required. These inherent lot characteristics significantly impact site
design;
B. The Variance will not constitute a grant of special privileges inconsistent with
development limitations on other properties in the vicinity and within the same HR1
District, given that: there exist multiple lots in the vicinity of the site, within the same city
block and within the same HR1 District zoning designation, which have similar existing
legal nonconforming development encroachments into the required yard setbacks,
including, but not limited to, 103, 105, 107, 109, 111-117, and 220 Shaver St. and the
existing single-family residence located on the project site;
C. Granting the Variance does not authorize a use or activity which is not otherwise
expressly authorized in the HR1 District in which the site is located, given that. 1)
Multifamily residential land use is permitted by right in the HR1 District; and 2) The
project will essentially continue the existing interior side yard setback encroachment,
from the existing single-family residence constructed on the project site; and
D. Granting the Variance will not be detrimental or injurious to property or improvements in
the vicinity of the site, or to the public health, safety or general welfare, given that; 1)
The project will be compliant with the required front yard setback (15’) and street side
setback, to subject to the approval of a requested setback reduction as an automatic
concession under the State Density Bonus law after meeting mandatory affordable
housing requirements (reduced from 10’ to 8’); 2) The project will be compliant with the
required safe sight distance/vision triangle (15’) for the driveway along Shaver St.,
subject to final review of the landscape plan by the City Engineer; 3) The project will not
negatively impact the use or enjoyment of the existing, active outdoor recreation areas,
or solar access, on the immediate adjacent property at 220 Shaver St., which is setback
approximately 75’ from the common interior side property line; and 4) The project has
been reviewed by the appropriate City departments and non-city agencies, including the
Chief Building Official and the Deputy Fire Chief, who have recommended approval of
the project after determining the project design complies with all applicable building and
fire codes.
California Environmental Quality Act (CEQA)
Findings
Attachment 1-10
File Nos. AP20-001, UP19-013, ED19-030, & V19-003
Pursuant to CEQA (California Environmental Quality Act) Guidelines Section 15061, the
proposed project is exempt from CEQA pursuant to CEQA Guidelines Section 15332 (In-Fill
Development Projects). A Class 32 categorical exemption under the CEQA Guidelines applies
to this in-fill development project by meeting specific criteria listed below:
a) The project is consistent with all applicable General Plan and policies and Zoning
Ordinance regulations as documented by the attached consistency tables (see
Exhibits 3 and 4);
b) The proposed development is located with the city limits on a project site no more
than five (5) acres substantially surrounded by urban uses given that the project site
is 6,264 sq. ft. (0.13 acre) in area. The project site is located within the jurisdictional
boundaries of the City of San Rafael and is surrounded by urban development;
c) The project site has no value as habitat for endangered, are or threatened species
given that the project site, and all of Downtown, is not identified in the General Plan
(Conservation Element; Exhibit 38, “Threatened and Endangered Species” map) as
containing suitable or critical habitat to sustain threatened and endangered species;
d) Approval of the project would not result in any significant impacts to traffic, noise, air
quality or water quality given that appropriate studies were conducted, submitted
and reviewed by the appropriate city departments. The results are that no significant
impacts would result from the project which cannot be mitigated with standard
conditions of approvals
e) The project site can be adequately served by all required utilities and public services
given that the site is currently served, and will continue to be served, by City services
and non-city agency service providers and the applicable service providers have
indicated, through design or conditions, support for the project.
BE IT FURTHER RESOLVED, that the City Council upholds the Planning Commission’s
April 14, 2020 conditional approval of the Use Permit (UP19-013), Environmental and Design
Review Permit (ED19-030 and Variances (V19-003), which allows the construction of a new 7-
unit, multifamily residential apartment building with garage parking and associated site
improvements, including minor grading, drainage and landscaping, on a Downtown parcel
located at 104 Shaver St., subject to the following conditions of approval:
Use Permit (UP19-013)
Conditions of Approval
General and On-Going
Community Development Department, Planning Division
1. This Use Permit approves a Parking Modification to allow the elimination of guest parking (1
space) and the reduction in total required on-site parking, from eight (8) parking spaces to
seven (7) parking spaces.
2. This Use Permit approves a Parking Modification to allow the increase in percentage of
compact parking spaces for the project, from 30% (2 spaces) to 50% (4 spaces).
Attachment 1-11
File Nos. AP20-001, UP19-013, ED19-030, & V19-003
3. This Use Permit does not allow the subsequent conversion of the approved residential
‘rental’ units or apartments without a separate Tentative Map application submittal to the
Community Development Department, Planning Division, in compliance with Subdivision
Ordinance (currently Sections 15.02.02 - .04 of the SRMC), and review and approval by the
Planning Commission. It is strongly recommended that Tentative Map approval be obtained
prior to Building Permit issuance for the project. A Tentative Map application shall also
require submittal to amend this Use Permit and the Environmental and Design Review
Permit (ED19-030) for the project
4. This Use Permit shall run with the land and shall remain valid regardless of any change- of
ownership of the project site, subject to these conditions. This Use Permit will fully vest once
a building/grading permit is issued and ‘substantial construction’ is commenced or a time
extension request is submitted to the City’s Community Development Department, Planning
Division, within two (2) years of original approval, or by June 1, 2022 (‘Substantial
construction’ is defined as the pouring of all required foundations and the installation of
vertical components, such as exterior walls). Failure to obtain a grading/building permit and
commence ‘substantial construction’ or submit a time extension request by the specified
date will result in the expiration of this Use Permit.
5. This Use Permit shall run concurrently with the Environmental and Design Review Permit
(ED19-030) and Variance (V19-003) approvals. If the Environmental and Design Review
Permit and Variance approvals expire, this Use Permit approval shall also expire and
become invalid.
Environmental and Design Review Permit (ED19-030)
Conditions of Approval
General and On-Going
Community Development Department, Planning Division
1. The building techniques, colors, materials, elevations and appearance of the project, as
presented to the Planning Commission at their April 14, 2020 hearing, and on file with the
Community Development Department, Planning Division, shall be the same as submitted for
building permits, subject to these conditions. Minor modifications or revisions to the project
shall be subject to review and approval of the Community Development Department,
Planning Division. Further modifications deemed not minor by the Community Development
Director shall require review and approval by the original decision-making body, the
Planning Commission and may require review and recommendation by the City’s Design
Review Board.
2. The approved colors for the project are a combination of smooth stucco finish (Dryvit
Natural White 103, Freestyle and Dryvit Mountain Fog 132, Freestyle) along the ground-
floor base and clerestory and tongue-and-groove horizontal wood siding (Thermory Ash
Cladding C20, ¾” thickness) along the upper stories. Black composition roof singles
(CertainTeed Landmark Designer “More Black”) and dark bronze anodized casement and
sliding window, door and roof flashing are also approved. Any future modification to the
color palette shall be subject to review and approval by the Planning Division and those
modifications not deemed minor shall be referred to the Design Review Board for review
and recommendation prior to approval by the Planning Division.
Attachment 1-12
File Nos. AP20-001, UP19-013, ED19-030, & V19-003
3. This Environmental and Design Review Permit approves the demolition of one (1) single-
family residence on the site and the construction of a new 7-unit, multifamily ‘rental’
residential building with ground-floor garage parking and associated site improvements
(drainage and landscaping).
4. All garage parking spaces shall be pre-wired to allow for future installation of Level 2 (240-
volt) electric charging stations.
5. All ‘off-haul’ of excavation, delivery of materials and delivery/pick-up of construction
equipment shall occur during off-peak weekday hours, between 9:00 a.m. and 4:00 p.m.,
Monday through Friday only.
6. Consistent with the standard noise ordinance requirements for construction (SRMC Chapter
8.13), all grading and construction activities shall be limited to 7 a.m. to 6 p.m., Monday
through Friday, and 9 a.m. to 6 p.m., Saturdays. All grading and construction activities are
strictly prohibited on Sundays and State- or federally-recognized holidays.
7. 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 and
graywater recycling system requirements. 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.
8. 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.
9. All site improvements, including but not limited to the site lighting, hardscape, and
fencing/gates shall be maintained in good, undamaged condition at all times. Any damaged
improvements shall be replaced in a timely manner.
10. The site shall be kept free of litter and garbage. Any trash, junk or damaged materials that
are accumulated on the site shall be removed and disposed of in a timely manner.
11. 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.
12. All submitted building permit plan sets shall include a plan sheet incorporating these
conditions of approval.
13. If archaeological or cultural resources are accidentally discovered during excavation/grading
activities, all work will stop within 100 feet of the resource and the qualified archaeologist
will be notified immediately. The qualified archaeologist will contact Federated Indians of
Graton Rancheria (FIGR) and the Planning Division and coordinate the appropriate
evaluation of the find and implement any additional treatment or protection, if required. No
Attachment 1-13
File Nos. AP20-001, UP19-013, ED19-030, & V19-003
work shall occur in the vicinity until approved by the qualified archaeologist, FIGR and
Planning staff. Prehistoric resources that may be identified include, but shall not be limited
to, concentrations of stone tools and manufacturing debris made of obsidian, basalt and
other stone materials, milling equipment such as bedrock mortars, portable mortars and
pestles and locally darkened soils (midden) that may contain dietary remains such as shell
and bone, as well as human remains. Historic resources that may be identified include, but
are not limited to, small cemeteries or burial plots, structural foundations, cabin pads, cans
with soldered seams or tops, or bottles or fragments or clear and colored glass.
14. If human remains are encountered (or suspended) during any project-related activity, all
work will halt within 100 feet of the project and the County Coroner will be contacted to
evaluate the situation. If the County Coroner determines that the human remains are of
Native American origin, the County Coroner shall notify FIGR within 24-hours of such
identification who will work with Planning staff to determine the proper treatment of the
remains. No work shall occur in the vicinity without approval from Planning staff.
15. Applicant agrees to defend, indemnify, release and hold harmless the City, its agents,
officers, attorneys, employees, boards and commissions from any claim, action or
proceeding brought against any of the foregoing individuals or entities ("indemnities"), the
purpose of which is to attack, set aside, void or annul the approval of this application or the
adoption of any environmental document which accompanies it. This indemnification shall
include, but not be limited to, damages, costs, expenses, attorney fees or expert witness
fees that may be asserted or incurred by any person or entity, including the applicant, third
parties and the indemnities, arising out of or in connection with the approval of this
application, whether or not there is concurrent, passive or active negligence on the part of
the indemnities.
16. In the event that any claim, action or proceeding as described above is brought, the City
shall promptly notify the applicant of any such claim, action or proceeding, and the City will
cooperate fully in the defense of such claim, action, or proceeding. In the event the
applicant is required to defend the City in connection with any said claim, action or
proceeding, the City shall retain the right to: 1) approve the counsel to 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 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.
17. As a condition of this application, applicant agrees to be responsible for the payment of all
City Attorney expenses and costs, both for City staff attorneys and outside attorney
consultants retained by the City, associated with the reviewing, processing 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 the City for City Attorney expenses and costs within thirty (30) days following
billing of same by the City.
Attachment 1-14
File Nos. AP20-001, UP19-013, ED19-030, & V19-003
18. 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. This
Environmental and Design Review Permit will fully vest once a building/grading permit is
issued and ‘substantial construction’ is commenced or a time extension request is submitted
to the City’s Community Development Department, Planning Division, within two (2) years
of original approval, or by June 1, 2022 (‘Substantial construction’ is defined as the pouring
of all required foundations and the installation of vertical components, such as exterior
walls). Failure to obtain a grading/building permit and commence ‘substantial construction,
or failure to obtain a time extension within the two-year period, will result in the expiration of
this Environmental and Design Review Permit.
19. This Environmental and Design Review Permit shall run concurrently with the Use Permit
(UP19-013) and Variance (V19-003) approvals. If the Environmental and Design Review
Permit expires, the Use Permit and Variance approvals shall also expire and become
invalid.
Prior to Issuance of Demolition Permits
Community Development Department, Building Division
20. Prior to issuance of a demolition permit, the project sponsor shall submit verification that the
requirements of the Bay Area Air Quality Management District (BAAQMD) have been met
and necessary permits have been issued for demolition of the existing buildings.
21. Prior to the issuance of a demolition permit, the applicant shall submit written verification
from a pest control consultant indicating that the project site has been serviced to eliminate
rodents.
22. Any demolition of existing structures will require a permit. Submittal shall include three (3)
copies of the site plan, asbestos certification and PG&E disconnect notices. Also,
application must be made to the Bay Area Air Quality Management District prior to obtaining
the permit and beginning work.
Public Works Department
23. Prior to demolition permit, the applicant shall submit a detailed traffic control plan for review
and approval of the traffic division. All traffic from any off-haul of demolition materials shall
be conducted outside of the A.M. or P.M. peak hours (after 9:00 A.M and before 4:00 P.M.).
24. All construction staging shall occur on-site or another site with appropriate approvals from
property owner. No staging shall occur on City right-of-way without review and approval of
the Public Works Department.
25. A plan for the demolition shall be submitted for review and approval of the City Traffic
Engineer. This plan shall indicate the haul/truck routes, size of trucks to be used for hauling
off-haul and the frequency/times of any off-haul.
Prior to Issuance of Grading/Building Permits
Community Development Department, Planning Division
26. To reduce potential temporary construction and grading noise impacts on the project site to
meet the City’s 90 dBA noise limit, the applicant shall demonstrate to the satisfaction of the
Attachment 1-15
File Nos. AP20-001, UP19-013, ED19-030, & V19-003
Community Development Department, Planning Division, that the project complies with the
following:
A. Construction contracts specify that all construction and grading equipment, fixed or
mobile, shall be equipped with properly operating and maintained mufflers and other
State-required noise attenuation devices.
B. Property owners and occupants located within 250 feet of the project boundary shall
be sent a notice, at least 15-days prior to commencement of construction or grading
of each phase, regarding the construction or grading schedule of the project. A sign,
legible at a distance of 50 feet (50’) shall also be posted at the project site. All
notices and signs shall be reviewed and approved the Community Development
Director (or designee), prior to mailing or posting and shall indicate the dates and
duration of construction or grading activities, as well as provide a contact name and
a telephone number where residents and business owners can inquire about the
construction or grading process and register complaints.
C. The General Contractor shall provide evidence that a construction staff member
would be designated as a Noise Disturbance Coordinator and would be present on-
site during construction or grading activities. The Noise Disturbance Coordinator
shall be responsible for responding to any local complaints about construction or
grading noise. When a complaint is received, the Noise Disturbance Coordinator
shall notify the Community Development Department, Planning Division, within 24-
hours of the compliant and determine the cause of the noise complaint (e.g., starting
too early, bad muffler, etc.) and shall implement reasonable measures to resolve the
complaint, as deemed acceptable by the Community Development Director (or
designee). All notices that are sent to residential units and business owners
immediately surrounding the project site and all signed posted at the project site
shall include the contact name and telephone number for the Noise Disturbance
Coordinator.
D. The applicant shall demonstrate to the satisfaction of the Community Development
Director (or designee) that construction and grading noise reduction methods shall
be used where feasible. These reduction methods include shutting-off idling
equipment, installing temporary acoustic barriers around stationary construction and
grading noise sources, maximizing the distance between construction and grading
staging areas and occupied residential and commercial areas, and electric air
compressors and similar power tools.
E. Construction and excavation/grading off-haul truck routes shall be designed to avoid
noise sensitive uses (e.g., residences, assisted senior living facilities, hospitals, etc.)
to the greatest extent feasible.
F. During construction and grading, stationary equipment shall be placed such that
emitted noise is directed away from sensitive noise receivers.
27. The project sponsor shall inform the contractor, general contractor or site supervisor of
these requirements and shall be responsible for informing subcontractors of these
requirements and for implementing these measures on the site.
Attachment 1-16
File Nos. AP20-001, UP19-013, ED19-030, & V19-003
28. Any outstanding Planning Division application processing fees shall be paid prior to grading
or building permit issuance.
29. All mechanical equipment (i.e., air conditioning units, meters and transformers) and
appurtenances not entirely enclosed within the building shall be fully-screened from public
view. The method used to accomplish the screening shall be indicated on the building plans
and approved by the Planning Division.
30. An acoustical study, by a qualified (licensed) acoustical engineer, shall be submitted to the
Community Development Department, Planning Division, for review and approval with
recommendations on window, balcony door, and exterior wall STC rating requirements to
comply with acceptable interior noise levels (40 dBA in bedrooms and 45 dBA in all other
rooms) and outdoor common areas (60 dBA) adopted by the City. This acoustical study also
shall review any alternate means of achieving outdoor air and confirm that any mechanical
ventilation system will not compromise the noise reduction provided by the recommended
window, balcony door and wall assemblies. The construction drawings for the project shall
incorporate all measures identified in the acoustical study to mitigate ambient noise impacts.
31. A Lighting Plan/Photometric study shall be submitted for review and approval with the
Building Permit plans and shall provide the following illumination levels: a) A minimum of
one (1) foot candle at ground level overlap at all exterior doorways and throughout the
vehicle parking area; b) A minimum of one-half (1/2) foot candle at ground level overlap on
all outdoor pedestrian walkways and common areas; and c) A maximum one (1) foot candle
at ground level overlap at all property lines.
32. A Construction Management Plan (CMP) shall be prepared and submitted to the
Community Development Department, Planning Division, for review and approval of both
Community Development Department and Department of Public Works. The CMP shall
include
a. Projected schedule of work,
b. Projected daily construction truck trips,
c. Proposed construction truck route, location of material staging areas,
d. Location of construction trailers, location of construction worker parking,
e. Designated contact information for contractor and property owner to be posted on
site in case of noise or other construction-related activities.
f. Statement that the project shall conform to the City’s Noise Ordinance (Chapter 8.13
of the San Rafael Municipal Code),
g. Statement that no construction truck traffic shall encroach into any of the
surrounding residential neighborhood streets at any time, and
h. Statement that the existing roadway conditions on Third St. and Shaver St. shall be
memorialized on digital recording format prior to the start of construction and that the
project sponsor shall be required to repair any roadway damage created by the
additional construction truck traffic.
i. In the event that the CMP is conflicting with any conditions imposed by the grading
permit for the project, the more restrictive language or conditions shall prevail.
33. The project shall mitigate potential air quality impacts associated with construction and
grading activities by preparing and submitting a Dust Control Plan to the City of San Rafael
Community Development Department for review and approval. This Dust Control Plan shall
implement BAAQMD (Bay Area Air Quality Management District) established standard
Attachment 1-17
File Nos. AP20-001, UP19-013, ED19-030, & V19-003
measures (Basic Construction Mitigation Measures) for reducing fugitive dust emissions,
including but not limited to:
• All exposed surfaces (e.g., parking areas, staging areas soil piles, graded areas and
unpaved access roads) shall be watered two times per day.
• All haul trucks transporting soil, sand, or other loose material off-site shall be
covered.
• All visible mud or dirt tracked-out onto adjacent public roads shall be removed using
wet power vacuum street sweepers at least once per day. The use of dry power
sweeping is prohibited.
• All vehicle speeds on unpaved roads shall be limited to 15 mph.
• All roadways, driveways, and sidewalks to be paved shall be completed as soon as
possible.
• Building pads shall be laid as soon as possible after grading unless seeding or soil
binders are used.
• Idling times shall be minimized either by shutting equipment off when not in use or
reducing the maximum idling time to five (5) minutes (as required by the California
airborne toxics control measure; Title 13, Section 2485 of California Code of
Regulations (CCR)). Clear signage shall be provided for grading and construction
workers at all access points.
• All construction equipment shall be maintained and properly tuned in accordance
with manufacturer’s specifications. All equipment shall be checked be a certified
mechanic and determined to be running in proper condition prior to operation.
34. The Project sponsor shall inform the contractor, general contractor or site supervisor of
these requirements and shall be responsible for informing subcontractors of these
requirements and for implementing these measures on the site.
35. A dust control / noise control coordinator shall be designated for the Project.
a. A publicly visible sign shall be posted on the site with the telephone number and the
name of person regarding dust or construction complaints. This person shall be the
applicant or contractor team and shall have the authority to take corrective action.
The coordinator shall respond to any complaints and take corrective action within 48
hours of receipt. The BAAQMD phone number and City of San Rafael phone
numbers shall also be visible to ensure compliance with applicable regulations.
b. Prior to issuance of the building permit, the form, design and content of the sign
shall be reviewed and approved by the Planning Division.
36. The project shall comply with the City’s affordable housing requirement with State Density
Bonus (currently Section 14.16.030 of the SRMC) by providing a minimum of one (1)
affordable housing unit(s) at the very low-income household level. The project sponsor is
required to enter into a BMR (below market rate) agreement with Marin Housing Authority
(MHA), deed-restricting the income level for occupancy of the affordable unit(s), and obtain
City Council approval of the BMR agreement. The configuration of the BMR unit(s) shall
reflect the generally configuration of the project by providing one (1) 2-bedroom BMR
unit(s). This BMR unit may ‘float’ throughout the building on a yearly basis since the project
provides “rental” units. The BMR unit(s) shall be comparable in size, finishes and unit
mixture to the market rate units. By complying with the City’s affordable housing
requirement, the project is approved for two (2) concessions under the State Density Bonus
Attachment 1-18
File Nos. AP20-001, UP19-013, ED19-030, & V19-003
law: 1) An increase in maximum lot coverage, from 60% to 65%; and 2) A decrease in the
required street side setback, from 10’ to 8’.
Department of Public Works
37. Show the proposed grading on the construction drawings, including cut and fill amounts. For
projects with earthwork of 50 CYDS (cubic yards) or more, a grading permit shall be
required from the Department of Public Works (111 Morphew St.). Any grading permit
submittal shall include a site-specific erosion and sediment control plan
38. The project is proposed as a new apartment building. However, if subdivision is pursued to
create condominium units, additional frontage and infrastructure improvements may be
required, including but not limited to, installation of a storm drainage system to connect to
existing facilities and full-width street repaving of non-moratorium streets.
39. The applicant shall obtain confirmation from the Land Development Engineer, Department
of Public Works, that the monument sign and landscaping located at the corner of Third and
Shave St. complies with the safe sight distance or vision triangle requirements pursuant to
Section 14.16.295 (Sight Distance) of the SRMC.
40. It is recommended that the trash enclosure not swing into the accessible aisle. However, at
a minimum, the trash enclosure shall include self-closing mechanisms so that the
accessible aisle will be kept clear at all times.
41. Due to the reduced garage setback, any garage gate system shall include remote activation
to prevent queueing onto Shaver St.
42. An encroachment permit shall be required from the Department of Public Works prior to any
work within the Right-of-Way.
43. Show the frontage improvements on the construction drawings. New sidewalk, curb and
gutter shall be required for the length of the property along Shaver St., including the existing
curb ramp on the adjacent property (220 Shaver St.). New sidewalk, curb, gutter for the
existing unused driveway apron shall be required along Third St., including those areas
currently not in compliance with accessibility requirements.
During construction and prior to repaving, the City may install conduit within disturbed areas
of the frontages. The applicant shall coordinate with the Department of Public Works.
44. This project proposes new impervious surface. Show all new impervious surface (created or
replaced). Projects over 5,000 square feet of total new impervious area are regulated under
MCSTOPPP (Marin County Stormwater Pollution Prevention Program) requirements.
Projects over 2,500 square feet but less than 5,000 square feet of total new impervious
surface area are considered “small projects” under MCSTOPPP. Provide a stormwater
control plan, which includes a written document, in addition to an erosion control plan,
according to the amount of total new impervious surface area. A stormwater facilities
maintenance agreement may be required. More specific information is available from
MCSTOPPP, hosted on the Marin County Website. See tools and guidance, and post
construction requirements at:
http://www.marincounty.org/depts/pw/divisions/mcstoppp/development/new-and-
redevelopment-projects.
Attachment 1-19
File Nos. AP20-001, UP19-013, ED19-030, & V19-003
45. A construction vehicle impact fee shall be required at the time of building permit issuance;
which is calculated at 1% of the valuation, with the first $10,000 of valuation exempt.
46. A traffic mitigation fee shall be required at building permit issuance. Based on the proposed
plans, the project results in an increase of 5 new net peak hour (2 a.m. and 3 p.m.) traffic
trips and shall pay a traffic mitigation fees of $21,230 (currently $4,246 x 5).
San Rafael Sanitation District (SRSD)
47. If a new or separate sewer lateral is proposed to extend to the sewer mainline, please
include Civil/Utility plans with the construction drawings which comply with SRSD Standards
for review and approval.
48. New sewer connection fees are required for the new residential units prior to building permit
issuance.
49. Credit for existing plumbing fixtures has not been calculated. In order to receive credit for
these fixtures in the existing buildings proposed for demolition, the project sponsor shall
submit plans to SRSD which include a full inventory of the existing facilities accompanied by
photos.
Community Development Department, Building Division
50. School fees will be required for the project, calculated by, and to be paid to, the San Rafael
City School District, prior to issuance of a building permit (currently located at 310 Nova
Albion Way, San Rafael, CA 94903). Proof of payment shall be submitted to the Building
Division prior to issuance of the building permit.
51. Prior to any use or occupancy of this building or structure or any portion there of a
“Certificate of Occupancy” must be issued by the Chief Building Official pursuant to
California Building Code Section 111.1. Failure to secure a “Certificate of Occupancy” is a
violation and will result in a $500 citation per day that the violation continues.
52. The design and construction of all site alterations shall comply with the current editions of
the California Building Code, Plumbing Code, Electrical Code, California Mechanical Code,
California Fire Code, California Energy Code, Title 24 California Energy Efficiency
Standards, California Green Building Standards Code and City of San Rafael Ordinances
and Amendments.
53. A building permit is required for the proposed work. Applications shall be accompanied by
four (4) complete sets of construction drawings to include:
a) Architectural plans
b) Structural plans
c) Electrical plans
d) Plumbing plans
e) Mechanical plans
f) Site/civil plans (clearly identifying grade plan and height of the building)
g) Structural Calculations
h) Truss Calculations
i) Soils reports
j) Green Building documentation
k) Title-24 energy documentation
Attachment 1-20
File Nos. AP20-001, UP19-013, ED19-030, & V19-003
54. 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.
55. Cornices, eaves overhangs, exterior balconies and similar projections extending beyond the
floor area shall conform to the requirements of CBC 705.2. Projections shall not extend
beyond the distance determined by the following two methods, whichever results in the
lesser projection:
a) A point one-third the distance from the exterior face of the wall to the lot line where
protected openings or a combination of protected openings and unprotected
openings are required in the exterior wall.
b) A point one-half the distance from the exterior face of the wall to the lot line where all
openings in the exterior wall are permitted to be unprotected or the building is
equipped throughout with an automatic sprinkler system.
c) More than 12 inches into areas where openings are prohibited.
56. The new building contains several different occupancy types. Individual occupancies are
categorized with different levels of hazard and may need to be separated from other
occupancy types for safety reasons. Under mixed-occupancy conditions the project
architect has available several design methodologies (accessory occupancies, non-
separated occupancies, and separated occupancies) to address the mixed-occupancy
concerns.
57. 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:
• 15% exterior wall openings (in any story) in sprinklered buildings where the openings
are 3’ to less than 5’ from the property line or buildings on the same property.
• 25% exterior wall openings (in any story) in sprinklered buildings where the openings
are 5’ to less than 10’ from the property line or buildings on the same property.
• 45% exterior wall openings (in any story) in sprinklered buildings where the openings
are 10’ to less than 15’ from the property line or buildings on the same property
58. The new building shall have address identification placed in a position that is plainly legible
and visible from the street or road fronting the property. Numbers painted on the curb do not
satisfy this requirement. For new buildings, the address shall be internally-illuminated or
externally-illuminated and remain illuminated at all hours of darkness. Number shall be a
minimum 6 inches in height with ½ inch stroke for commercial applications. The address
shall be contrasting in color to their background (SMC 12.12.20).
59. Any demolition of existing structures shall require a permit. Demolition permit submittal shall
include three (3) copies of the site plan, asbestos certification and PG&E disconnect notice.
All required permits from the Bay Area Air Quality Management District shall be obtained
and documentation provided prior to building permit issuance and any work commencing.
Attachment 1-21
File Nos. AP20-001, UP19-013, ED19-030, & V19-003
60. A grading permit is required for any grading or site remediation, soils export, import and
placement. Provide a detailed soils report prepared by a qualified engineer to address these
procedures. In particular, the report should address the import and placement and
compaction of soils at future building pad locations and should be based on an assumed
foundation design. This information should be provided to Building Division and Department
of Public Works for review and comments prior to any such activities taking place.
61. Prior to building permit issuance for the construction of the new building, geotechnical and
civil pad certifications are to be submitted. Building pad locations will have to be surveyed
and marked prior to placement of foundations.
62. Ventilation area required, the minimum openable area to the outdoors is 4 percent of the
floor area being ventilated CBC 1203.5.1 or mechanical ventilation in accordance with the
California Mechanical Code.
63. Natural light, the minimum net glazed area shall not be less than 8 percent of the floor area
of the room served CBC 1205.2 or shall provide artificial light in accordance with CBC
1205.3.
64. Walls separating purposed tenant space from existing neighboring tenant spaces must be a
minimum of 1-hour construction.
65. All site signage as well as wall signs require a separate permit and application (excluding
address numbering).
66. You must apply for a new address for this building from the Building Division.
67. Monument sign(s) located at the driveway entrance(s) shall have address numbers posted
prominently on the monument sign and shall be compliant with the safe sight distance/vision
triangle (Section 14.16.295 of the SRMC).
68. In the parking garage, mechanical ventilation will be required capable of exhausting a
minimum of .75 cubic feet per minute per square foot of gross floor area pursuant to CMC
Table 4-4.
69. In the parking garage, in areas where motor vehicles are stored, floor surfaces shall be of
noncombustible, nonabsorbent materials. Floors shall drain to an approved oil separator or
trap discharging to sewers in accordance with the Plumbing Code and SWIPP.
70. The parking garage ceiling height shall have a minimum vertical clearance of 8’ 2” where
required for accessible parking.
71. The project shall be designed to provide access to the physically disabled in accordance
with requirements of Title-24, California Code of Regulation. For existing buildings and
facilities when alterations, structural repairs or additions are made, accessibility
improvements for persons with disabilities may be required. Improvements shall be made,
but are not limited to, the following accessible features:
a) Path of travel from public transportation point of arrival
b) Routes of travel between buildings
c) Accessible parking
Attachment 1-22
File Nos. AP20-001, UP19-013, ED19-030, & V19-003
d) Ramps
e) All public entrances
f) Sanitary facilities (restrooms)
g) Drinking fountains & Public telephones (when provided)
h) Accessible features per specific occupancy requirements
i) Accessible special features, (i.e., ATM's point of sale machines, etc.)
72. The site development of items such as common sidewalks, parking areas, stairs, ramps,
common facilities, etc. are subject to compliance with the accessibility standards contained
in Title-24, California Code of Regulations. Pedestrian access provisions should provide a
minimum 48" wide unobstructed paved surface to and along all accessible routes. Items
such as signs, meter pedestals, light standards, trash receptacles, etc., shall not encroach
on this 4' minimum width. Also, note that sidewalk slopes and side slopes shall not exceed
published minimums per California Title 24, Part 2. The civil, grading and landscape plans
shall address these requirements to the extent possible.
73. Multistory apartment buildings with three (3) or more residential units or condominium
buildings with four (4) or more residential units shall provide at least 10% of the dwelling
units, but no less than one (1) dwelling unit, which comply with the accessible requirements
per CBC 1102A.3, as follows:
a) The primary entry to the dwelling unit shall be on an accessible route unless
exempted by site impracticality tests in CBC Section 1150A.
b) At least one powder room or bathroom shall be located on the primary entry level,
served by an accessible route.
c) All rooms or spaces located on the primary entry level shall be served by an
accessible route. Rooms and spaces located on the primary entry level and subject
to this chapter may include but are not limited to kitchens, powder rooms,
bathrooms, living rooms, bedrooms or hallways.
74. Minimum shower size in the fully accessible room must be a minimum of 60” wide by 30”.
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%.
76. When parking is provided for multifamily dwellings and is not assigned to a resident or a
group of residents, at least 5% of the parking spaces shall be accessible and provide
access to grade-level entrances of multifamily dwellings and facilities (e.g. swimming pools,
club houses, recreation areas and laundry rooms) that serve the dwellings. Accessible
parking spaces shall be located on the shortest accessible route to an accessible building,
or dwelling unit entrance.
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
Attachment 1-23
File Nos. AP20-001, UP19-013, ED19-030, & V19-003
26 to 50 2
51 to 75 3
76 to 100 4
101 to 150 5
151 to 200 6
201 to 300 7
301 to 400 8
401 to 500 9
501 to 1,000 Two percent of total
1,001 and over Twenty, plus one for each 100
or fraction thereof over 1,001
78. At least one (1) disabled parking space shall be van-accessible, 9’ in width plus an 8’-wide
off- load area or 17’-wide overall. Additionally, one in every eight required handicap spaces
shall be van accessible.
79. The proposed residential units shall meet the sound attenuation requirements of CBC
Chapter 12. In particular, the residential units facing Third St. may require special glazing
and/or sound attenuation features to compensate for the adjacent traffic/street noise.
80. This project is subject to the City of San Rafael Green Building Ordinance. A sliding scale is
applied based on the average unit square footage. New multi-family dwellings must comply
with the “Green Building Rating System” by showing a minimum compliance threshold
between 65 and 75 points. Additionally, the energy budget must also be below Title 24
Energy Efficiency Standards a minimum 15%.
San Rafael Fire Department, Fire Prevention Bureau
81. The design and construction of all site alterations shall comply with the current editions of
the California Fire Code and City of San Rafael Ordinances and Amendments.
82. Deferred Submittals for the following fire protection systems shall be submitted to the Fire
Prevention Bureau for approval and permitting prior to installation of the systems:
a) Fire Sprinkler plans (Deferred Submittal to the Fire Prevention Bureau)
b) Fire Underground plans (Deferred Submittal to the Fire Prevention Bureau)
c) Fire Alarm plans (Deferred Submittal to the Fire Prevention Bureau)
83. Show the location of address numbers on the building elevation. The new building shall
have address identification placed in a position that is plainly legible and visible from the
street or road fronting the property. Numbers painted on the curb do not quality as meeting
this requirement. Numbers shall contrast with the background and shall be Arabic numbers
or letters. Numbers shall be internally or externally illuminated in all new construction or
substantial remodels. Number sizes are as follows: For residential, 4”-tall numbers with ½”
stroke. For commercial, 6”-tall numbers with ½” stroke. Larger sizes may be required for the
fire code official or in multiple locations for buildings served by two or more roads.
84. As the building is over 30 feet in height, an aerial fire apparatus access roadway is required
parallel to one entire side of the building.
a) The Aerial apparatus access roadway shall be located within a minimum 15 feet and
a maximum of 30 feet from the building.
Attachment 1-24
File Nos. AP20-001, UP19-013, ED19-030, & V19-003
b) The minimum unobstructed width for an aerial fire apparatus access road is 26’.
c) Overhead utility and power lines shall not be located within the aerial fire apparatus
access roadway, or between the roadway and the building.
85. Aerial fire apparatus access roads shall be designated “fire lanes”; with curbs painted red
and contrasting white lettering stating “No Parking Fire Lane” and signs shall be posted in
accordance CFC Section 503.3 and to the satisfaction and approval of the San Rafael
Parking Services Division.
86. When a building is fully sprinklered, all portions of the exterior building perimeter shall be
located within 250’ of an approved fire apparatus access road.
87. A fire apparatus access plan shall be prepared for this project. Fire apparatus plan shall
show the location the following:
a) Designated fire apparatus access roads.
b) Red curbs and no parking fire lane signs.
c) Onsite fire hydrants.
d) Fire Department Connection (FDC).
e) Double detector check valve.
f) Street address sign.
g) Recessed Knox Box
h) Fire Alarm annunciator panel.
88. A Knox Box is required at the primary point of first response to the new building (A recessed
mounted Knox Box # 3200 Series; surface mounted Knox Boxes are permitted at all other
entry points). The Knox Box shall be clearly visible upon approach to the main entrance
from the fire lane. Note the Knox Box must be installed from 72” to 78” above finish grade;
show the location on the plans. See https://www.knoxbox.com/commercial-knoxboxes/.
89. The nearest fire hydrant to the project site, located at the northwest corner of Third and
Shaver St., shall be upgraded (Residential model: Clow 950. Commercial model: Clow 960).
90. The project sponsor shall contact MMWD (Marin Municipal Water District) to make
arrangements for the water supply serving the fire protection system.
During Construction
Community Development Department, Planning Division
91. Applicant/contractor shall comply with all conditions of approval related to Construction
Management Plan, and other conditions related to construction impacts.
92. The following measures shall be implemented during the demolition process:
a. Watering shall be used to control dust generation during demolition of structures and
breakup of pavement.
b. All trucks hauling debris from the site shall be covered
c. Dust-proof chutes shall be used to load debris into trucks whenever feasible.
d. A dust control coordinator shall be designated for the project. The name, address
and telephone number of the dust coordinator shall be prominently posted on-site
and shall be kept on file at the Planning Division. The coordinator shall respond
Attachment 1-25
File Nos. AP20-001, UP19-013, ED19-030, & V19-003
regarding dust complaints promptly (within 24 hours) and shall have the authority to
take corrective action.
Marin Municipal Water District (MMWD)
93. District records indicate that the property’s current annual water entitlement is insufficient to
meet the water demand for the project and the purchase of additional water entitlement will
be required. Additional water entitlement will be available upon request and fulfillment of the
following requirements:
a) Complete a High-Pressure Water Service Application.
b) Submit a copy of the building permit.
c) Pay the appropriate fees and charges.
d) Complete the structure’s foundation within 120 days of the date of application.
e) Comply with the District’s rules and regulations in effect at the time service is
requested, including the installation of a meter per structure per use.
f) Comply with all indoor and outdoor requirements of District Code Title 13 – Water
Conservation. Indoor plumbing fixtures shall meet specific efficiency requirements.
Landscape, irrigation, grading and fixture plans shall be submitted to the District for
review and approval. Any questions regarding District Code Title 13 – Water
Conservation should be directed to the District’s Water Conservation Department at
(415) 945-1497. You may also find information on the District’s water conservation
requirements online at www.marinwater.org.
g) Comply with the backflow prevention requirements, if upon the Districts review
backflow protection is warranted, including installation, testing and maintenance.
Questions regarding backflow requirements should be directed to the Backflow
Prevention Program Coordinator at (415) 945-1558.
h) Comply with California Water Code – Division I, Chapter 8, Article 5, Section 537,
which requires individual metering of multiple living units within newly constructed
structures.
i) Installation of gray water recycling systems is required when practicable.
Pacific Gas & Electric
94. Electric and gas service to the project site will be provided in accordance with the applicable
extension rules, which are available on PG&E’s website at
http://www.pge.com/myhome/customerservice/other/newconstruction or contact (800) PGE-
5000. It is highly recommended that PG&E be contacted as soon as possible so that there
is adequate time to engineer all required improvements and to schedule any site work.
95. The cost of relocating any existing PG&E facilities or conversion of existing overhead
facilities to underground shall be the sole responsibility of the applicant or property owner.
96. Prior to the start excavation or construction, the general contractor shall call Underground
Service Alert (USA) at (800) 227-2600 to have the location of any existing underground
facilities marked in the field.
Prior to Occupancy
Community Development Department, Planning Division
97. Prior to occupancy of any of the units, a post-construction report from an acoustical engineer
shall be submitted to the Planning Division verifying that the multifamily residential units
Attachment 1-26
File Nos. AP20-001, UP19-013, ED19-030, & V19-003
comply with the interior and common outdoor area noise standards as prescribed by State
Administrative Code standards, Title 25, Part 2.
98. Prior to occupancy of any of the units, a post-construction report from a lighting engineer
shall be submitted to the Planning Division verifying that the lighting levels of the project
comply with the City’s recommended lighting levels (see SRMC Section 14.16.227).
99. Prior to occupancy, the project Geotechnical Engineer shall submit a letter to the City
identifying that the project Geotechnical Engineer inspected the project during the
construction and the project complied with their recommendations and that all
recommendations were property incorporated during construction of the project
100. Final inspection of the project by the Community Development Department, Planning
Division, is required. The applicant shall contact the Planning Division to request a final
inspection upon completion of the project. The final inspection shall require a minimum of
48-hour advance notice.
101. The landscape architect for the project shall submit a letter to the Planning Division,
confirming the landscaping has been installed in compliance with the approved project plans
and the irrigation is fully functioning.
After Occupancy
Community Development Department, Planning Division
102. Following the issuance of a Certificate of Occupancy, all new exterior lighting shall be
subject to a 90-day lighting level review period by the City to ensure that all lighting sources
provide safety for the building occupants while not creating a glare or hazard on adjacent
streets or be annoying to adjacent residents. During this lighting review period, the City may
require adjustments in the direction or intensity of the lighting, if necessary. All exterior
lighting shall include a master photoelectric cell with an automatic timer system, where the
intensity of illumination shall be turned off during daylight.
Variance (V19-003)
Conditions of Approval
General and On-Going
Community Development Department, Planning Division
1. This Variance approves a deviation or reduction in the required garage setback, from 20’ to
15’.
2. This Variance approves a deviation or reduction in the required interior side yard setback,
from 5’ to zero (0).
Department of Public Works – Land Development Division
3. Due to the reduced garage setback, any garage gate system shall include remote activation
to prevent queueing onto Shaver St.
Attachment 1-27
File Nos. AP20-001, UP19-013, ED19-030, & V19-003
Prior to Issuance of Grading/Building Permits
Community Development Department, Planning Division
4. The applicant shall obtain confirmation from the Land Development Engineer, Department
of Public Works, that the landscaping along the driveway complies with the safe sight
distance or vision triangle requirements pursuant to SRMC Section 14.16.295 (Sight
Distance).
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 City Council of said
City held on Monday, the 1st day of June 2020, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
LINDSAY LARA, City Clerk