HomeMy WebLinkAboutCC Resolution 15214 (Environmental and Design Review Permit for New Mixed-Use Building at 1515 4th Street)RESOLUTION NO. 15214
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL DENYING AN APPEAL (AP23-002)
AND AFFIRMING THE PLANNING COMMISSION’S APRIL 11, 2023 ACTION APPROVING
AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED22-016) FOR A NEW MIXED-
USE BUILDING WITH 162 RESIDENTIAL UNITS AND 8,900 SQUARE FEET OF GROUND
FLOOR COMMERCIAL SPACE LOCATED AT 1515 4TH STREET
(APN 011-245-41) AND DETERMINING THE PROJECT EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT PURSUANT TO CEQA GUIDELINES SECTION 15332
WHEREAS, the City of San Rafael received an application on March 10, 2022 for an
Environmental and Design Review Permit (PLAN22-039, ED22-016) for a new mixed-use building
with 162 residential units and 8,900 square feet of ground floor commercial space which seeks
concession and waivers to development standards pursuant to State Density Bonus Law at 1515
4th street in the T4MS 50/70 and the T4N 40/50 zoning districts; and
WHEREAS, on March 16, 2023, staff deemed the application complete; and
WHEREAS, the application meets all objective development standards, with the use of
one concession for a requirement for civic open space as well as waivers to maximum height,
minimum building stepbacks, minimum front and side street setback, and maximum building
length requirements pursuant to State Density Bonus Law (Government Code Section 65915);
and
WHEREAS, the project includes 13 below market rate residential units available to very
low-income households; and
WHEREAS, on March 7, 2023, the project was reviewed by the Design Review Board at
a duly noticed public hearing and the DRB recommended approval of the project design, with a
condition; and
WHEREAS, on April 11, 2023, the San Rafael Planning Commission held a duly noticed
public hearing on the proposed Environmental and Design Review Permit, accepting all oral and
written public testimony and the written report of the Community Development Department staff
and adopted Resolution No. 23-001 approving the project (PLAN22-039, ED22-016);
WHEREAS, on April 18, 2023, the City received a timely appeal of the Planning
Commission Action filed by Vikram Seshadri; and
WHEREAS, on May 8, 2023, the City of San Rafael City Council held a duly noticed
public hearing to review and consider the appeal (AP23-002), accepting all oral and written
public testimony and the written report by the Community Development Department Planning
staff and closed said hearing on that date; 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 and determines that the Appeal (AP23-002) cannot
be supported for the reasons set forth herein.
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WHEREAS, pursuant to San Rafael Municipal Code section 14.25.120, appeals of
environmental and design review determinations shall be filed and processed in accordance
with Chapter 14.28, Appeals, of the Municipal Code.
WHEREAS, the City of San Rafael City Council finds that the project is exempt from the
requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15332 of
the CEQA Guidelines because it involves an infill development project that meets the following
criteria:
a. The project is consistent with the applicable general plan designation and all applicable
general plan policies as well as with applicable zoning designations and regulations.
b. The proposed development occurs within city limits on a project site of no more than five
acres substantially surrounded by urban uses.
c. The project site has no value as habitat for endangered, rare or threatened species.
d. Approval of the project would not result in any significant effects related to traffic, noise,
air quality, or water quality.
e. The site can be adequately served by all required utilities and public services.
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of San Rafael
having held a public hearing on the appeal, having reviewed the record of the decision and
heard testimony of the appellant, the applicant and other interested persons, hereby denies the
Appeal (AP23-002), affirms the Planning Commission’s action to approve Environmental and
Design Review Permit (PLAN22-039, ED22-016), and approves Environmental and Design
Review Permit (PLAN22-039, ED22-016) based on the following findings:
FINDINGS FOR DENIAL OF APPEAL (AP23-002)
The appeal does not raise any significant, quantifiable, direct, and unavoidable impacts of the
project, based on objective, identified written public health or safety standards, policies, or
conditions as they existed on the date the application was deemed complete. The grounds upon
which the appeal was filed are not a basis to reverse the Planning Commission determination and
deny the project, for the following reasons:
A. Appeal Point 1 – Inadequate Traffic Analysis
The appellant claims that the Local Traffic Analysis prepared for the project
(Attachment 5) is inadequate because it did not analyze impacts to the intersections of
3rd Street/Shaver Street; 2nd Street/Shaver Street; and Latham Street/Shaver Street.
The City’s Transportation Analysis Guidelines identify the scope of work that is deemed an
appropriate level of analysis for a Local Transportation Analysis (LTA) for many types of
projects, including this one, located within Downtown San Rafael:
The study area for small projects should consist of, at a minimum, the roadways providing
immediate access to the Project site, including any pedestrian, bicycle, or transit facilities. For
most projects in this tier, analysis will focus on project driveways, and identify 2-4 intersections
near the project to assess the effects on site access. (p.23)
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The intent for requiring an LTA for a project of this scope is not for the purpose of analyzing
congestion impacts to streets but rather for the purpose of assessing “effects on site access”
to the project site. The LTA for the project included analysis for the intersections of 4th Street/E
Street and 4th Street/Shaver Street because these two intersections are directly adjacent to
the project site and have relevance on assessing traffic as it relates to site access. The
intersections of 3rd Street/Shaver Street, 2nd Street/Shaver Street, and Latham Street/Shaver
Street range are located approximately 112 feet, 245 feet, and 345 feet, respectively, from the
project site. Consequently, pursuant to the City’s Transportation Analysis Guidelines, these
three intersections are not considered relevant for assessing effects on site access to the
project site. The intersections studied were reviewed and approved by the City’s Traffic
Engineer as appropriate for the LTA.
Regardless of the intersections analyzed in the LTA, there are no objective quantifiable
standards in the City’s Transportation Analysis Guidelines pertaining to traffic or site access.
B. Appeal Point 2 – Traffic Impacts
The appellant claims that traffic congestion on Shaver and Latham will go from bad to
significantly worse due to the project. Examples of existing traffic congestion issues
on Shaver Street provided by the appellant include the following: (1) narrow street
width; (2) backups on Shaver Street at 3rd and 2nd Street traffic lights; and (3) new bulb-
outs on Shaver Street at intersections of 3rd and 2nd Streets create particularly narrow
passages.
Narrow Street Width: Pursuant to the LTA prepared for the project (Attachment 5), the
proposed project would remove on-street parking adjacent to the project on Shaver Street to
increase travel lane width from about 16 feet currently to about 22 feet wide in order to provide
safer roadway conditions. In addition, City staff will ask the project applicant to provide a
turning radius diagram prior to issuance of a building permit to verify that vehicles can safely
ingress and egress from both proposed driveways, which will be reviewed by Public Works
staff. If these submitted turn movements raise concerns, Public Works staff may consider the
possibility of removing some or all of the street parking on the west side of Shaver Street that
are immediately across from the project site.
New Bulb-outs: The Department of Public Works is aware that speeding is an issue on 3rd
Street and in response installed bulb-outs at the intersections of 3rd Street/Shaver Street and
2nd Street/Shaver Street as a traffic calming measure from turning vehicles earlier this year.
Public Works staff are currently observing traffic behavior at the 3rd Street/Shaver Street
intersection and are planning on modifying one of the bulb-outs to make turning movements
easier. This effort is a result of Public Works staff continually working to improve existing
conditions and does not have any relation to the proposed project.
Overall Traffic Analysis Process: The adoption of Senate Bill 743 in 2013 changed how
transportation impacts are measured for new development projects for CEQA analysis
purposes. Previously, a project’s potential environmental impacts were evaluated based on
the potential increase in traffic, measured by level of service (or “LOS”) in the immediate
project area. LOS measures the speed at which vehicles travel through a given intersection
at various times of day (i.e. “peak” and “non-peak” hours.) SB 743 prescribed a different
metric for evaluating traffic based on called Vehicle Miles Traveled (VMT). Unlike LOS, VMT
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considers the number and length of car trips induced by development projects and
transportation. This newer approach encourages walkable communities where new
development is located near transit and residences are nearby employment and shopping
opportunities.
The City still maintains LOS standards in its General Plan. However, these standards are not
applicable to projects, such as this one, in the Downtown Specific Plan (General Plan 2040
Policy M-2.5). Accordingly, the City’s General Plan LOS standards do not apply to the project.
The San Rafael General Plan 2040 & Downtown Precise Plan Environmental Impact Report
(EIR) includes analysis of potential environmental impacts of anticipated buildout through to
2040 which includes up to 4,460 new residential units in the City, up to 2,200 of which would
be within the Downtown area. Analysis of potential transportation impacts of this anticipated
in Chapter 4.16 of the EIR indicates that the number of Vehicle Miles Traveled (VMT) would
decrease if the anticipated buildout occurs as opposed to if the land use changes in the
General Plan 2040 and in the Downtown Precise Plan had not been adopted. Since the project
is a mixed use development in the Downtown area, it is exempt from needing to provide VMT
analysis pursuant to the City’s Transportation Analysis Guidelines and pursuant to Program
M-3.2A of the San Rafael General Plan 2040.
Therefore, the project is consistent with all applicable objective standards pertaining to traffic
impacts of the proposed new development.
C. Appeal Point 3 – Street Parking
The appellant claims that the proposed parking for the proposed development is
insufficient and that it will result in increased demand for street parking which the
appellant claims is limited.
As described in the April 11th Planning Commission staff report for the project, the project
proposes to provide 179 vehicle parking spaces which is more than the 103 vehicle spaces
required by the Downtown Precise Plan for this project. Since the project complies with the
applicable objective development standard for off-street vehicle parking spaces, the City
cannot request that this project provide more vehicle parking spaces than are proposed.
D. Appeal Point 4 – Flooding
The appellant claims that the project will exacerbate an existing flooding issue on
Shaver Street and on Latham Street. In addition, the appellant claims that the City does
not provide street cleaning on Shaver Street or on Latham Street and residents are
forced to clean the stormwater grates when they get clogged with tree leaves.
A large majority of the project site is currently paved and developed. As a new development,
however, the project is subject to stormwater and drainage standards to ensure compliance
with the Marin Countywide Stormwater Pollution Prevention Program (MCSTOPP). As
described in the Stormwater Control Plan prepared for the project (Attachment 6), stormwater
will travel down through roof drains and will enter a Storm Water Diversion structure. The
Diversion structure will then release water at a specific flow rate into an in-vault media filter
system. After stormwater is filtered, it will then enter a pump vault which will pump stormwater
out to the street at a design 100 gallons per minute (gpm) to ensure that the stormwater flow
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during a storm is not increased from the current condition as a result of the project. The Public
Works Department has reviewed the Stormwater Control Plan and verified that it addresses
the relevant requirements of the Marin Countywide Stormwater Pollution Prevention Program
(MCSTOPP). Post construction conditions will not exacerbate and will most likely improve
drainage conditions in the area.
The City does provide street sweeping on Shaver Street and on Latham Street. However,
during some of the year such as the Fall season, it is a challenge for the City’s street sweeping
crew to keep up with cleaning up the large amount of leaves that fall on streets throughout the
City.
ENVIRONMENTAL AND DESIGN REVIEW FINDINGS (ED22-016)
A. The project design is in accord with the general plan, the objectives of the zoning
ordinance and the purposes of this chapter:
The site is designated as Downtown Mixed Use on the General Plan 2040 Land Use Map
which allows for residential and commercial uses. In addition, the project is consistent with
the General Plan and specifically with design-related policies of the Neighborhoods Element
and Community Design and Preservation Element as identified in the General Plan
Consistency Table, Exhibit 6.
B. The project design is consistent with all applicable site, architecture and landscaping
design criteria and guidelines for the district in which the site is located:
On March 7, 2023, the Design Review Board found the project design to be consistent with
applicable regulations and guidelines and recommended approval of the project design to the
Planning Commission, subject to a condition of approval.
C. The project design minimizes adverse environmental impacts:
The Project qualifies for a California Environmental Quality Act (CEQA) infill exemption
pursuant to Title 14 of the California Code of Regulations Section 15332 (“CEQA Guidelines
15332”), because the project meets the criteria provided below and further elaborated in the
CEQA Infill Exemption Memorandum for the project, dated April 5, 2023:
a. The project is consistent with the applicable general plan designation and all
applicable general plan policies as well as with applicable zoning designation
and regulations.
The project, as a multi-family residential use is permitted in the T4MS and T4N zoning
districts. The project is consistent with the General Plan, as detailed in the General
Plan Consistency Table (Exhibit 6 of the staff report), Zoning Ordinance as detailed in
the Zoning Ordinance Consistency Table (Exhibit 7 of the staff report), and Downtown
Precise Plan as detailed in the Staff Report. While the project seeks waivers and a
concession to development standards pursuant to the State Density Bonus Law, the
use of waivers does not render the infill exemption inapplicable. Therefore, the project
is consistent with applicable the general plan designation, general plan policies, and
applicable zoning designation and regulations
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b. The proposed development occurs within city limits on a project site of no more
than five acres substantially surrounded by urban uses.
The project site is approximately 0.88 acres and is located within an urbanized area
surrounded by existing residential, commercial, and retail development. Therefore, the
project is within city limits on a project site of no more than five acres substantially
surrounded by urban uses.
c. The project site has no value, as habitat for endangered, rare or threatened
species.
The Project site is located in Downtown San Rafael and is surrounded by urban
development. As shown on the San Rafael General Plan 2040 map of Special Status
Species (Figure 6-3), there are no known special status species within the project
boundaries. Furthermore, the Project site is a developed site, fully graded, paved, and
occupied with an existing vacant office/retail structure and vegetation is limited to
ornamental trees, shrubs, and groundcovers. Accordingly, the site has no value as
habitat for endangered, rare, or threatened species.
d. Approval of the project would not result in any significant effects relating to
traffic, noise, air quality, or water quality.
Traffic. The project would not result in any significant effects relating to traffic and is
consistent with the San Rafael General Plan 2040 & Downtown Precise Plan
Environmental Impact Report (EIR), as confirmed by the Local Transportation Analysis
prepared by Advanced Mobility Group for the project, dated December 2022. The
project is not required to provide detailed vehicle miles traveled (VMT) analysis
pursuant to the San Rafael Transportation Analysis Guidelines since it is a residential
and employment generating project in a low VMT area. Areas within the Downtown
Precise Plan area, including the project site, are not subject to the City’s adopted level
of service (LOS) policy which calls for LOS D or better. Despite not being subject to
this standard, study intersections will operate above LOS D and the project will not
result in a significant traffic impact as a result of conflict with an adopted policy.
Noise. The Project would not result in any significant effects relating to noise as
confirmed by the 1515 Fourth Street Mixed-Use Residential Project Noise and
Vibration Assessment prepared by Illingworth & Rodkin, Inc, dated January 2023.
Air Quality. No significant air quality impacts would occur from the project since the
project is below the screening criteria in the Bay Area Air Quality Management District
(BAAQMD) CEQA Guidelines for air quality impacts. No significant greenhouse gas
(GHG) impacts would occur pursuant to the BAAQMD CEQA Threshold for Evaluating
the Significance of Climate Impacts, dated April 2022, since the project is consistent
with a local GHG Reduction Strategy and since the project meets the following criteria:
• It will not include natural gas appliances or natural gas plumbing and will not
result in wasteful use of energy as it will be consistent with the most recent
building requirements for energy efficiency.
• The project will be consistent with Title 24 building efficiency standards, will
comply with the California Energy Commission’s standards for lighting
efficiency, and will comply with lighting standards.
• The project will not result in significant VMT impacts, as discussed in the Local
Traffic Analysis prepared for the project, and will be required to comply with
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off-street electric vehicle (EV) requirements in the most recently adopted
version of CALGreen Tier 2C.
per the City of San Rafael’s Environmental Impact Report for the Downtown Precise
Plan and San Rafael General Plan 2040 (“EIR”), which addressed greenhouse gas
impacts associated with land use developments in San Rafael that are consistent with
the General Plan update and the Downtown Precise Development Plan.
Water Quality. According to the Stormwater Control Plan, the site currently has
36,024 square feet of impervious surface. The post-project impervious surface area
will be 34,848 which will allow for more onsite infiltration. Additionally, the proposed
project includes Low Impact Development (LID) Design Strategies and the creation of
a Drainage Management Area. Further, the proposed mixed-use project will include
office, retail, and residential activities which will not introduce new types of pollutants
on site. As such, the proposed project will not have a significant effect on water quality.
e. The site can be adequately served by all required utilities and public services.
The Project site is located within the City of San Rafael and would continue to be
adequately served by City and regional services. Pacific Gas & Electric has provided
a will-serve letter for the Project. The Property is currently being served and water
service will continue to be provided by the Marin Municipal Water District (MMWD),
though the purchase of additional water allotment will be required. Furthermore, the
EIR prepared for the Downtown Precise Plan concluded that MMWD will have
sufficient water supply to meet the demand for buildout of the San Rafael Downtown
Precise Plan.
Wastewater service will be provided by the San Rafael Sanitation District. The EIR
concluded that the wastewater demand for the Downtown Precise Plan Area will not
exceed the permitted capacity of the Central Marin Sanitation Agency’s wastewater
treatment plant.
In addition, none of the following exceptions to the categorical exemption apply, as listed in
CEQA Guidelines Section 15300.2:
• Location. Section 15300.2(a) does not apply to a Class 32 infill exemption.
• Cumulative Impact. Section 15300.2(b) does not apply as there is no evidence of a
potential significant cumulative impact because successive projects of the same type in
the same place have not been approved and are not currently contemplated or proposed.
Furthermore, development of the site as well as development throughout the city was
analyzed in the City of San Rafael’s EIR which concluded that buildout under the General
Plan and Downtown Precise Plan would result in cumulative impacts. These impacts have
been previously analyzed and the City adopted a statement of overriding considerations.
The project will be subject to all applicable mitigation measures contained in the EIR for
the General Plan and Downtown Precise Plan and as such, this exception does not apply
to the project.
• Significant Effect and Unusual Circumstances. This exception has 2 prongs:
o Whether the project presents unusual circumstances; and
o Whether there is a reasonable possibility of a significant effect on the environment
due to those unusual circumstances.
There is nothing unusual about the project. It is proposed on an existing infill site
that is substantially developed on all sides. There is no sensitive habitat or
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sensitive areas on or around the site. Further, the General Plan/Precise Plan EIR
specifically notes that the increase of downtown higher density development would
not have a significant effect.
• Scenic Highways. The project site is not in proximity or visible to any designated scenic
highway or highway eligible for designation based on the State of California’s Scenic
Highway program. Therefore, this exception does not apply to the project.
• Hazardous Waste Sites. The site is not a state designated hazardous waste site. A
search of the State Water Resources Control Board GeoTracker site did not reveal any
Leaking Underground Storage Tank (LUST) projects on the site nor did it indicate that
there were any other Cleanup Program Sites. Additionally, a review of California
Department of Toxic Substances Control EnviroStor database which lists all hazardous
waste sites including Superfund sites, State Response Sites did not show any listings for
1515 4th St in San Rafael. Therefore, this exception does not apply to the project.
• Historical resources. There are no historical resources located on the proposed project
site. The existing building on the site was constructed in 1985. It does not contain any
unique architectural features nor have any community significance. The City recently
updated the list of historic resources in the Precise Plan and the Project site is not
identified as a historic resource. Therefore, this exception does not apply to the project.
D. The project design will not be detrimental to the public health, safety or welfare, nor
materially injurious to properties or improvements in the vicinity.
The project has been reviewed by various departments of the City of San Rafael and
appropriate agencies and where applicable, conditions of approval have been incorporated to
ensure the project will not be detrimental to the public health, safety, or welfare, nor materially
injurious to properties or improvements in the project vicinity. In addition, the project will be
built in accordance with the applicable California Building Code.
ENVIRONMENTAL AND DESIGN REVIEW CONDITIONS OF APPROVAL
(ED22-016)
Planning Division
1. This Environmental and Design Review Permit approves a new mixed-use building with 162
residential units and 8,900 square feet of ground floor commercial space at 1515 4th Street.
Plans submitted for building permit shall be in substantial conformance to the plans approved
April 11, 2023 with regard to building techniques, materials, elevations, and overall project
appearance except as modified by these conditions of approval. Minor modifications or
revisions to the project shall be subject to review and approval by the Community
Development Department, Planning Division. Modifications deemed greater than minor in
nature by the Community Development Director shall require review and approval by the
Planning Commission.
2. Permit Validity. This Permit shall become effective on 5/8/2023 and shall be valid for a period
of two (2) years from the date of final approval, or 5/8/2025, and shall become null and void if
a building permit is not issued or a time extension is not applied for prior to the expiration date.
A permit for the construction of a building or structure is deemed exercised when a valid City
building permit, if required, is issued, and construction has lawfully commenced. A permit for
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the use of a building or a property is exercised when, if required, a valid City business license
has been issued, and the permitted use has commenced on the property.
3. Plans submitted for building permit shall incorporate the following Design Review Board
recommendations and shall be reviewed for compliance by Planning Staff and the Chair of
the Design Review Board.
a. Plans shall be revised to provide a different color and/or material for the two building
corner columns facing 4th Street and the center building column facing 4th street from
the color and material proposed for the rest of the building columns.
4. Plans shall demonstrate compliance with regulations set forth in San Rafael Municipal Code
(SRMC) Section 14.16.320, requiring a minimum setback of five feet from the property line for
all mechanical equipment.
5. All exterior lighting shall be energy efficient where feasible; and shielded and directed
downward and away from property lines to conceal light sources from view off-site and avoid
spillover onto adjacent properties pursuant to SRMC §14.16.227. The project shall be subject
to a 90-day post installation lighting inspection to evaluate the need for adjustment and assure
compliance with SRMC Section 14.16.227.
6. All landscaping shall be maintained in good condition and any dead or dying plants, bushes,
trees, or groundcover plantings shall be replaces with new healthy stock of a size appropriate
and compatible with the remainder of the growth at the time of replacement.
7. Prior to issuance of permits or authorization to proceed, the applicant must provide written
verification of final landscape and irrigation plan approval from the Marin Municipal Water
District (MMWD). All landscaping and irrigation must meet the MMWD water conservation
rules and regulations. The landscape plans and supportive materials shall also be provided
and designed to comply with the Water Efficient Landscape requirements of San Rafael
Municipal Code Section 14.16.370 and MMWD Ordinance No. 414 (including amendments),
if applicable.
8. Avoid Disturbance of Nesting Birds. Initial site disturbance activities, including vegetation and
concrete removal, shall be prohibited during the general avian nesting season (February 1 to
August 30), if feasible. If nesting season avoidance is not feasible, the applicant shall retain a
qualified biologist to conduct a preconstruction nesting bird survey to determine the
presence/absence, location, and activity status of any active nests on or adjacent to the
project site. The extent of the survey buffer area surrounding the site shall be established by
the qualified biologist to ensure that direct and indirect effects to nesting birds are avoided.
To avoid the destruction of active nests and to protect the reproductive success of birds
protected by the MBTA and CFGC, nesting bird surveys shall be performed not more than 14
days prior to scheduled vegetation and concrete removal. In the event that active nests are
discovered, a suitable buffer (typically a minimum buffer of 50 feet for passerines and a
minimum buffer of 250 feet for raptors) shall be established around such active nests and no
construction shall be allowed inside the buffer areas until a qualified biologist has determined
that the nest is no longer active (e.g., the nestlings have fledged and are no longer reliant on
the nest). No ground- disturbing activities shall occur within this buffer until the qualified
biologist has confirmed that breeding/nesting is completed and the young have fledged the
nest. Nesting bird surveys are not required for construction activities occurring between
August 31 and January 31.
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9. Archaeological Resources (Ongoing throughout demolition, grading, and/or construction).
Pursuant to CEQA Guidelines section 15064.5(f), “provisions for historical or unique
archaeological resources accidentally discovered during construction” should be
instituted. Therefore:
A. In the event that any prehistoric or historic subsurface cultural resources are
discovered during ground disturbing activities, all work within 50 feet of the resources
shall be halted and the project applicant and/or lead agency shall consult with a
qualified archaeologist, historian or paleontologist to assess the significance of the
find.
B. If any find is determined to be significant, representatives of the project proponent
and/or lead agency and the qualified professional would meet to determine the
appropriate avoidance measures or other appropriate measure, with the ultimate
determination to be made by the City of San Rafael. All significant cultural materials
recovered shall be subject to scientific analysis, professional museum curation, and/or
a report prepared by the qualified professional according to current professional
standards.
C. In considering any suggested measure proposed by the qualified professional, the
project applicant shall determine whether avoidance is necessary or feasible in light of
factors such as the uniqueness of the find, project design, costs, and other
considerations.
D. If avoidance is unnecessary or infeasible, other appropriate measures (e.g., data
recovery) shall be instituted. Work may proceed on other parts of the project site
while mitigation measures for cultural resources is carried out.
E. If significant materials are recovered, the qualified professional shall prepare a report
on the findings for submittal to the Northwest Information Center.
10. Human Remains (Ongoing throughout demolition, grading, and/or construction). In the event
that human skeletal remains are uncovered at the project site during ground-disturbing
activities, all work shall immediately halt and the Marin County Coroner shall be contacted to
evaluate the remains, and following the procedures and protocols pursuant to Section 15064.5
(e)(1) of the CEQA Guidelines. If the County Coroner determines that the remains are Native
American, the City shall contact the California Native American Heritage Commission
(NAHC), pursuant to subdivision (c) of Section 7050.5 of the Health and Safety Code, and all
excavation and site preparation activities shall cease within a 50-foot radius of the find until
appropriate arrangements are made. If the agencies determine that avoidance is not feasible,
then an alternative plan shall be prepared with specific steps and timeframe required to
resume construction activities. Monitoring, data recovery, determination of significance and
avoidance measures (if applicable) shall be completed expeditiously.
11. Paleontological Resources (Ongoing throughout demolition, grading, and/or construction). In
the event of an unanticipated discovery of a paleontological resource during construction,
excavations within 50 feet of the find shall be temporarily halted or diverted until the discovery
is examined by a qualified paleontologist (per Society of Vertebrate Paleontology standards
[SVP 1995,1996]). The qualified paleontologist shall document the discovery as needed,
evaluate the potential resource, and assess the significance of the find. The paleontologist
shall notify the appropriate agencies to determine procedures that would be followed before
construction is allowed to resume at the location of the find. If the City determines that
avoidance is not feasible, the paleontologist shall prepare an excavation plan for mitigating
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the effect of the project on the qualities that make the resource important, and such plan shall
be implemented. The plan shall be submitted to the City for review and approval.
12. Halt Work/Unanticipated Discovery of Tribal Cultural Resources. In the event that cultural
resources of Native American origin are identified during construction, all work within 50 feet
of the discovery shall be redirected. The project applicant and project construction contractor
shall notify the City Planning Department within 24 hours. The City will again contact any tribes
who have requested consultation under AB 52, as well as contact a qualified archaeologist,
to evaluate the resources and situation and provide recommendations. If it is determined that
the resource is a tribal cultural resource and thus significant under CEQA, a mitigation plan
shall be prepared and implemented in accordance with State guidelines and in consultation
with Native American groups. If the resource cannot be avoided, additional measures to avoid
or reduce impacts to the resource and to address tribal concerns may be required.
13. Plans submitted for building permit shall incorporate all recommendations included in the
Noise and Vibration Assessment, prepared for the project by Illingworth & Rodkin, Inc. on
January 30, 2023.
14. Plans submitted for building permit shall incorporate all recommendations included in the
Local Transportation Analysis prepared by Advanced Mobility Group, dated December 2022.
15. The project is required to provide thirteen (13) residential units as affordable to very low-
income households (those earning between 30% and 50% of the Area Median Income), as
proposed by the applicant pursuant to State Density Bonus Law. As a result, the project also
complies with affordable housing requirements prescribed in Section 14.16.030 of the San
Rafael Zoning Ordinance, City Council Resolution 14890, and City Council Resolution 14891.
a. Prior to issuance of a building permit, a Below Market Rate (BMR) agreement for the
thirteen (13) affordable units shall be approved by the Community Development
Director and recorded on the property.
16. Bicycle Parking. The project is required to provide 205 long term bicycle parking spaces. A
bike room for 116 bicycle spaces is proposed on Level P1. There are 89 bicycle parking
spaces proposed along the walls in front of parking spaces in Level P2 and Level P1. A bicycle
shall be able to be individually locked to any of the bicycle parking spaces in the proposed
bike room.
17. Prior to Issuance of Building Permits, the applicant shall pay all outstanding Planning Division
application processing fees.
18. Prior to Issuance of Building Permits, the applicant shall pay all applicable development
impact fees required for this project, including those fees mentioned herein and other fees
required by ordinance.
Building Division
19. The design and construction of all site alterations shall comply with the latest adopted Building
Codes in effect at time of building permit submission. Currently the following codes are
adopted: 2022 California Building Code (CBC), 2022 California Plumbing Code (CPC), 2022
California Electrical Code (CEC), 2022 California Mechanical Code CCMC), 2022 California
Fire Code (CFC), 2022 California Energy Code, 2022 California Green Building Standards
Code and City of San Rafael Ordinances and Amendments
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20. A building permit is required for the proposed work. Applications shall be accompanied by four
(4) complete sets of construction drawings to include:
• Architectural plans
• Structural plans
• Electrical plans
• Plumbing plans
• Mechanical plans
• Site/civil plans (clearly identifying grade plane and height of the building)
• Structural Calculations
• Truss Calculations
• Soils reports
• Green Building documentation
• Title-24 energy documentation
21. The occupancy classification, construction type and square footage of each building shall be
specified on the plans. In mixed occupancies, each portion of the building shall be individually
classified.
22. The occupancy classification, construction type and square footage of each building shall be
specified on the plans in addition to justification calculations for the allowable area of each
building. Site/civil plans prepared by a California licensed surveyor or engineer clearly
showing topography, identifying grade plane and height of the building.
23. This 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, nonseparated
occupancies, and separated occupancies) to address the mixed-occupancy concerns.
24. Building height and story must comply with CBC Section 504. On the plan justify the proposed
building area and height.
25. Building areas are limited by CBC Table 506.2. On plan justify the proposed building area.
26. 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.
27. Buildings located 4 or more stories above grade plane, one stairwell must extend to the roof,
unless the roof slope exceeds an angle of 4 vertical to 12 horizontal CBC 1011.12.
28. 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.
29. 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.
30. Prior to building permit issuance for the construction of each building, geotechnical and civil
pad certifications are to be submitted.
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31. 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.
32. 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.
33. Walls separating purposed tenant space from existing neighboring tenant spaces must be a
minimum of 1-hour construction.
34. All site signage as well as wall signs require a separate permit and application (excluding
address numbering).
35. You must apply for a new address for this building from the Building Division.
36. 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 CMC Table 4-4.
37. In the parking structure, 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.
38. All repair garages require oil and flammable liquid interceptor per CPC Section 1017 and CFC
Section 2211.2.3 for drainage and disposal of liquids and oil-soaked waste. For minor change
in use, the requirement for a separator might be waived where the applicant institutes (a) an
EPA “Preferred Floor Cleanup Method” and (b) berms are placed at doors.
39. Repair garages shall be mechanically ventilated. The ventilation system shall be controlled at
the entrance to the garage CBC 406.6.3.
40. Each building shall be provided with sanitary facilities per CPC Sec 412 and Table 4-1
(including provisions for persons with disabilities). Separate facilities shall be required for each
sex.
41. In accordance with California Plumbing Code section 422.2, separate toilet facilities shall be
provided for each sex. Except: 1) residential installations. 2) In occupancies with a total
occupant load of 10 or less, including customers and employees, one toilet facility designed
for use by no more than one person at a time, shall be permitted for use by both sexes. 3) In
business and mercantile occupancies with a total occupant load of 50 or less, including
customers and employees, one toilet facility designed for use by no more than one person at
a time, shall be permitted for use by both sexes.
42. Facilities in mercantile and business occupancies, toilet facility requirements for customers
and employees shall be permitted to be met with a single set of restrooms accessible to both
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groups. The required number of fixtures shall be the greater of the required number for
employees or the required number for customers. Fixtures for customer use shall be permitted
to be met by providing a centrally located toilet facility within a distance not to exceed 500
feet. In stores with a floor area of 1,500 square feet or less the requirement to provide facilities
for employees shall be permitted to be met by providing a centrally located toilet facility within
distance not to exceed 300 feet.
43. Minimum elevator car size (interior dimension) 60” wide by 30” deep with an entrance opening
of at least 60” or a car size of 42” wide by 48” deep with an entrance opening of 36” or a car
size of 60” wide by 36” deep with an entrance opening of at least 36”.
44. All buildings with one or more elevators shall be provided with not less than one medical
emergency service elevator. The medical emergency service elevator shall accommodate the
loading and transport of an ambulance gurney or stretcher. The elevator car size shall have a
minimum clear distance between walls and door excluding return panels not less than 80
inches by 54 inches and a minimum distance from wall to return panel not less than 51 inches
with a 42-inch side slide door.
45. A minimum of two exits, with proper separation, are required from the third floor of each unit.
The exits must located a distance apart equal to not less than one half of the length of the
maximum overall diagonal dimension of the area served.
46. Check required exits and exit separation for parking level p2.
47. In the service areas, mechanical ventilation will be required capable of exhausting a minimum
of 1.5 cubic feet per minute per square foot of gross floor area. Connecting offices, waiting
rooms, restrooms, and retail areas shall be supplied with conditioned air under positive
pressure.
48. The proposed facility shall be designed to provide access to the physically disabled. For
existing buildings and facilities when alterations, structural repairs or additions are made,
accessibility improvements for persons with disabilities shall be required unless CASP report
states compliant. 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
d. Ramps
e. Primary 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.
49. The site development of items such as common sidewalks, parking areas, stairs, ramps,
common facilities, etc. are subject to compliance with the accessibility. 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
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slopes shall not exceed published minimums. The civil, grading and landscape plans shall
address these requirements to the extent possible.
50. The parking garage ceiling height shall have a minimum vertical clearance of 8’ 2” where
required for accessible parking.
51. 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.
52. 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 multi family 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.
53. Public accommodation disabled parking spaces must be provided according the following
table and must be uniformly distributed throughout the site:
54. 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.
Fire Department
55. The design and construction of all site alterations shall comply with the 2019 California Fire
Code, current NFPA Standards, and all applicable City of San Rafael Ordinances and
Amendments.
56. 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 Standpipe plans (Deferred Submittal to the Fire Prevention Bureau)
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c. Fire Underground plans (Deferred Submittal to the Fire Prevention Bureau)
d. Fire Alarm plans (Deferred Submittal to the Fire Prevention Bureau)
Fire Prevention reserves the right due to the size and scope of this project to utilize an outside
plan check consultant for fire protection system review with review costs billed to the project
owner.
57. The fire apparatus access roadways must conform to all provisions in CFC Section 503 and
Appendix D.
58. A Fire Command Center required as per CFC section 508.
59. The building is to be equipped with Emergency Responder Radio Coverage as per CFC 510.
60. A Fire Construction Plan is required prior to any work. See attached. Returned a signed copy
to the Fire Prevention Bureau.
61. A temporary standpipe system is required during construction as per CFC 3313.
62. 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. Fire hydrants both public and private.
d. DAS Emergency Responder Radio Coverage - notation of intent to install.
e. Fire Department Connection (FDC) location.
f. Double detector check valve location.
g. Standpipe locations.
h. Temporary standpipe during construction location.
i. Stairway to roof location.
j. Street address signage.
k. Recessed Knox Box(s)
l. Construction key box locations or note the use of Knox padlocks.
m. Fire Alarm main and annunciator panels.
n. NFPA 704 placards – if needed.
o. Provide a note on the plan as follows: The designated fire apparatus access roads and
fire hydrant(s) shall be installed and approved by the Fire Prevention Bureau prior
construction of the building.
p. Provide a note on the plan that all fire protection equipment will be properly labeled
and identified.
q. Note on plans – 24 hour emergency contact will be posted.
63. A Knox Box is required at the primary point of first response to the building. A recessed
mounted Knox Box # 3200 Series is required for new buildings; surface mount for all others.
the Knox Box shall be clearly visible upon approach to the main entrance from the fire lane.
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Note the Knox Box must be installed from 72” to 78” above finish grade; show the location on
the plans. https://www.knoxbox.com/commercial-knoxboxes/
64. A Knox key switch is required for driveway or access road automatic gates.
https://www.knoxbox.com/gate-keys-and-padlocks/
65. If onsite fire hydrants are required, the type is as follows: Residential model: Clow 950.
Commercial Model: Clow 960. The Prevention Bureau will identify the locations.
66. When additions or alterations are made, the nearest existing fire hydrant bodies shall be
upgraded. Residential model: Clow 950. Commercial Model: Clow 960.
67. When a building is fully sprinklered all portions of the exterior building perimeter must be
located within 250-feet of an approved fire apparatus access road.
a. The minimum width of the fire apparatus access road is 20-feet.
b. The minimum inside turning radius for a fire apparatus access road is 28 feet.
c. The fire apparatus access road serving this building is more than 150-feet in length;
provide an approved turn-around. Contact the Fire Prevention Bureau for specific
details.
68. If 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 and shall be along one entire side.
b. The minimum unobstructed width for an aerial fire apparatus access road is 26-feet.
c. Overhead utility and power lines shall not be located within the aerial fire apparatus
access roadway, or between the roadway and the building.
69. Fire lanes must be designated; painted red with contrasting white lettering stating, “No Parking
Fire Lane” A sign shall be posted in accordance with the CFC Section 503.3 and to the
satisfaction and approval of the San Rafael Parking Services Division.
70. If required, a Hazardous Materials Placards shall be installed in accordance with NFPA 704.
71. If required, provide a Hazardous Materials Management Plan to be submitted to Marin County
Department of Public Works, CUPA
72. Provide address numbers plainly visible from the street or road fronting the property. Numbers
painted on the curb do not qualify 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 with ½” stroke. For commercial – 6” tall with ½” stroke. Larger
sizes might be required by the fire code official or in multiple locations for buildings served by
two or more roads.
73. Contact the Marin Municipal Water District (MMWD) to make arrangements for the water
supply serving the fire protection systems
Department of Public Works
74. Prior to issuance of a building permit, the applicant shall pay a traffic mitigation fee for 60 net
new AM trips and 61 net new PM trips for a total of 121 peak-hour trips at the current fee of
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$5,674/trip for a total amount of $686,554. The current rate is $5,674 per trip. The current rate
is valid until January 1, 2024.
75. A storm drain profile detailing the connection between the private property and storm drain
pipe will be required prior to building permit issuance to ensure the proposed connection does
not conflict with existing infrastructure.
76. Prior to issuance of building permit please submit a separate set of drawings detailing the
improvements in the public right-of-way (ROW) for DPW review and approval. (e.g.,
sidewalks, pavement restoration, driveway approach, lighting). At a minimum, we anticipate
pavement restoration (2”-thick grind and overlay) will be required along the property frontage
on Shaver, 4th, and E Streets. The limits of pavement restoration will be finalized near the
end of the construction based on field conditions.
77. Prior to issuance of a building permit, please submit a photometric analysis of the public ROW
adjacent to the project site.
78. All backflow preventers, fire department connections (FDC), and other above ground utility
structures shall be placed on private property.
79. A design-level geotechnical report will be required prior to issuance of a building permit.
80. Prior to issuance of a building permit, please provide a plan review letter from the geotechnical
engineer of record confirming that the project structural and civil drawing sets are in
conformance with their recommendations.
81. This project is considered a regulated project. Therefore, the following documents are
required in addition to the stormwater control plan:
a. Stormwater Facilities Operations and Maintenance (O&M) Plan – A short written
document and exhibit outlining facilities on-site and maintenance activities and
responsibilities for property owners. The maintenance plan shall include the
manufactures recommended maintenance practices, designated parties of
responsible for upkeep, specify funding source for ongoing maintenance with
provisions for full replacement when necessary and provide a site specific inspection
checklist. (Provide prior to occupancy)
b. Operations and Maintenance Agreement – A formal agreement between the property
owner and the city that shall be recorded with the property deed prior to occupancy.
(Provide prior to occupancy)
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82. In accordance with Section E.12.e of the NPDES MS4 permit Non-LID Facilities need to show
equivalent effectiveness to bioretention areas in the following areas:
a. Equal or greater amount of runoff infiltrated or evapotranspired.
b. Equal or lower pollutant concentrations in runoff that is discharged after biotreatment
c. Equal or greater protection against shock loadings and spills
d. Equal or greater accessibility and ease of inspection and maintenance
The Stormwater Control Plan must include as an attachment a letter from the manufacturer
stating the manufacturer has reviewed the Plan, the proposed device meets these technical
criteria, and the manufacturer will provide a warranty for two years following activation of the
facility Refer to the Technical Criteria for Non-LID Treatment Facilities handout found on the
MCSTOPPP website: https://mcstoppp.org/2020/03/new-and-redevelopment/
83. A construction management plan shall be provided for review and approval by the City prior
to issuance of building permit or grading permit.
84. Prior to start of construction, a grading permit shall be required from the Department of Public
Works. Applications can be found on the City’s website:
https://www.cityofsanrafael.org/grading-permits/
85. An encroachment permit is required from the Department of Public Works prior to conducting
any work within or any time the public ROW is restricted. Encroachment permits can be
applied for online on the City of San Rafael website:
https://www.cityofsanrafael.org/encroachment-permits/
86. 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.
San Rafael Sanitation District
87. On sheet C3.0, show the new and/or existing sewer laterals including size/material type and
length from the building to the street. If existing sewer lateral will be removed/abandoned,
please show on the plans.
88. Indicate a cleanout/backflow prevention device no further than 2-ft from the foundation of the.
Note that the Contra Costa-type backflow device with a 2-way cleanout is preferred.
89. In order for the District to determine sewer connection fees, please provide a fixture count
table detailing all existing and new drainage fixtures and their corresponding Drainage Fixture
Units (DFU) for commercial/retail spaces. Fixture unit counts shall be pursuant to Table 702.1
of the 2019 CPC.
90. Provide the capacity calculations required to clarify size of the proposed sewer laterals is
sufficient.
91. Provide a profile of the proposed sewer laterals from the building to the existing sewer main
connection point.
92. Please be apprised of the following:
a. Any exterior sanitary sewer-related work shall be performed in accordance with the
San Rafael Sanitation District (SRSD) Standard Plans and Specifications.
b. A sewer permit from the San Rafael Sanitation District is required independent of a
building permit for all proposed sewer lateral work outside the dwelling footprint. The
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property owner or authorized agent shall apply for a sewer permit online or contact
SRSD for more information at (415) 454-4001 prior to the start of work.
c. Pursuant to District Ordinance No. 56, a sewer connection fee may be imposed prior
to issuance of the building permit.
d. Be apprised that cleanout is required at every 90-ft and 45° bent on all existing and
proposed SS pipes.
SEVERABILITY
If any term, provision, or portion of these findings or the application of these findings to a
particular situation is held by a court to be invalid, void or unenforceable, the remaining
provisions of these findings, or their application to other actions related to the Project,
shall continue in full force and effect unless amended or modified by the City.
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 8th day of May 2023, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Lindsay Lara, City Clerk