HomeMy WebLinkAboutDRB 2011-10-04 #3 CITY OF
Community Development Department – Planning Division
Meeting Date: October 4, 2011
Case Numbers: ZC11-001; ED11-016; UP11-016;
V11-001; EX11-002; TS11-001;
IS11-001
Project Planner: Steve Stafford – (415) 458-5048
REPORT TO DESIGN REVIEW BOARD
SUBJECT: 1380 Mission Avenue (San Rafael Elks Lodge No. 1108) – Requests for an Amendment to
the Planned Development District zoning, a Tentative Subdivision Map, a Master Use Permit,
an Environmental and Design Review, and Environmental Review to allow the construction of
67 residential units within one building located on an existing parking lot behind the Elks
Lodge. The project proposes 4 floors of residences, 765 to 1,508 square feet in size, over 2
floors of partial subterranean garage parking. The project additionally requests a building
height Variance of up to 21’ for a 57’-high structure, where a maximum of 36’ is allowed, and
multiple Exceptions from the Zoning Ordinance and Subdivision Ordinance for new parking
space back-up standards and new private street standards. The project is proposes to provide
6 ‘affordable’ units and requests 3 ‘State Density Bonus’ units and a parking concession
(State Parking Rate). The project propose to relocate the existing, 65-stall, parking lot to an
area of the parcel between the Elks Lodge and Mission Avenue, which is currently developed
with a circular private driveway and mature landscape trees. The project proposes significant
excavation (13,370 CY of ‘cut’ and 1,400 CY of ‘fill’), resulting in 11,970 CY of net off-haul;
APN: 011-131-04; Planned Development (PD) District; Keith Bloom for Thompson Dorfman
Partners, LLC, applicant; San Rafael Elks Lodge No. 1108, owner; Downtown Activity Center
Neighborhood.
PROPERTY FACTS
Site Characteristics
General Plan Designation Zoning Designation Existing Land-Use
Project Site: HDR; HRR PD Elks Lodge
North: P/QP; P P/OS, P/QP City Open Space
South: P/QP; 5/MR/O P/QP; 5/MR/O City Hall; Union Bank
East: P P/OS Falkirk Cultural Center
West: P/QP P/QP Boyd Park and Boyd Gatehouse
Site Development Summary
Height1 Parking 4
Allowed: 36’ 2
Proposed: 57’ 3
Required: 98 (covered or uncovered) 5
Proposed: 112 (99 covered)
Grading Tree Removal
Total: 14,770 CY Total(No./Species): 96 (5 Coast Redwoods; 5 Oaks)
Cut: 13,370 CY
Fill: 1,400 CY
Off-Haul: 11,970 CY
Requirement: NA
Proposed: 84 replacement trees (4 Redwoods; 7
Valley Oaks)
Notes: 1For hillside parcels, building height is measured from the natural grade pursuant to the UBC (1997) method.
2San Rafael General Plan 2020.
3Height Variance requested pursuant to Chapter 14.23 of the San Rafael Municipal Code
4Based on 36, 1-bedroom units, 16, 2-bedroom units and 15, 3-bedroom units located outside the Downtown.
5Based on State parking rate which require 1 parking space (covered or uncovered) per 1-bedroom units and 2 parking spaces (covered
or uncovered) per 2-bedroom and 3-bedroom units.
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SUMMARY
The subject project is being referred to the Board for review of proposed site and building design for the
redevelopment of the rear parking lot behind the Elks Lodge with a new, 6-story (4 stories of residential
over 2 stories of parking), 67-rental unit, multifamily building with 112 garage and uncovered parking
spaces, landscaping, drainage and driveway improvements. The project requires a Planned
Development (PD) Rezoning, a Tentative Subdivision Map, an Environmental and Design Review
Permit, a Master Use Permit, Variances for building height and usable outdoor area, and Exceptions
from the Zoning Ordinance and Subdivision Ordinance for new parking space back-up standards and
new private street standards. The project also requires CEQA (Californian Environmental Quality Act)
review, principally for visual impacts and the proposed demolition of an historic resource (the ‘Carriage
House’), the level of which is currently unknown. The Board’s recommendation will be forwarded to the
Planning Commission for further review and recommendation and to the City Council for final action.
Planning staff generally supports the proposed project as providing pedestrian-oriented, infill
development, which is easily walkable to the Downtown and its employment and public transit
opportunities. The Elks Lodge site is identified as a ‘future multifamily housing site in the general Plan.
However, Planning staff has identified a few design issues with the project design as discussed below.
Staff requests that the Board review this report and provide a recommendation on compliance with all
pertinent design criteria. Specifically, Planning staff asks the Board to consider the following:
Site Plan
• Whether the existing ephemeral drainageway, located along the eastern boundary of the project
site, should be culverted underground to accommodate the new building footprint and to facilitate
the repair of an existing landslide damaged bank slope?
• Whether the Variance request, for 8,203 sq. ft. of total usable outdoor area where 10,050 sq. ft. is
required, should be granted, given the unique physical site constraints?
• Whether the proposed site design would be improved by providing special treatments, such as
colored concrete or paving materials, to the driveway approach, vehicular entrances to the parking
lot and garage, and pedestrian walkways?
• Whether the relocated Elks Lodge events parking lot should more clearly define, with special
treatments, safe pedestrian movement from the top of the new staircase across from C Street to the
nearest pedestrian walkway?
• Whether the pedestrian walkway should be redesigned to provide a landscaped setback from the
driveway between Mission Avenue and the building entrance?
Building Height
• Whether the Variance request, for building height up to 57’ where a maximum 36’ is allowed, should
be granted, given the unique physical site constraints?
Architecture
• Whether the proposed design adequately respects the historic character of surrounding historic
structures?.
• Whether the proposed design adequately relates to the predominant design (architecture, form,
scale, materials and color, etc) of existing buildings in the vicinity?
• Whether the building’s sense of entry is adequate and appropriate?
Parking
• Whether the proposed clustering of canopy trees around the relocated Elks Lodge events parking
lot is appropriate?
• Whether the proposed parking lot landscape islands should meet the minimum 6’-width standard,
excluding curbing?
• Whether the residential guest parking lot should meet the minimum standard by providing 3 canopy
shade trees?
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BACKGROUND
Site Description & Setting:
The site is a large, 10.6-acre, parcel located along the north elevation of Mission Avenue, between the
Falkirk Cultural Center and the Boyd Gate House, which are both listed as local “landmarks” on the San
Rafael Historical/Architectural Survey (The Boyd Gate House is additionally listed on the National
Register of Historic Places). The site is itself, “Maple Lawn” is listed on the San Rafael Historical/
Architectural Survey as a local cultural or historic resource (“Maple Lawn” and the Boyd Gate House
together were historically known as the “Boyd Estate”, where the Boyd Gate House served as the guest
residence for “Maple Lawn”). The site maintains many of the historic “estate” amenities, such as formal
garden areas and a two-story carriage house built in 1875, which has been deemed individually a
cultural or historic resource. Since 1964, “Maple Lawn” has been owned and operated by the San
Rafael Elks Lodge, a social and community service organization, which frequently leases its grounds
for special events such as weddings.
In addition to the formal garden areas and carriage house, the site is currently developed with the Elks
Lodge building, an outdoor swimming pool, a 65-stall parking lot and numerous outbuildings (The Elks
Lodge building itself has had significant additions and alternations to its front façade, between 1950
and 1962, which have compromised its historic resource value and made it ineligible for listing as
historic resource, therefore it is not a historic resource). Vehicular access to the site is currently through
two separate driveways off of Mission Avenue, which creates a circular drive pattern on the site; an
eastern driveway, located across from C Street provides ingress to the front of the Elks Lodge before
connecting to the western driveway, which provides primarily egress from the site. The western
driveway also provides primary access to the rear portion of the site, behind the Elks Lodge, in which
prior quarry activity has created a ‘bowl-like’ condition where a level, 65-stall, parking lot pad is
surrounded by steep (approximately 42% average cross-slope) hillsides. These hillsides above the rear
parking lot are adjacent to City open space. The western driveway also provides access to a narrow
(less than 10’-wide in places), one-way, service drive, which circles immediately behind the Elks Lodge.
History:
• On September 2, 2008, Pre-application preliminary comments were provided to the applicant for a
project proposing 52 residential condominium units above 120 garage parking spaces within two
buildings, up to 60’ in height, to be located on the existing rear parking behind the Elks Lodge.
These Pre-application comments included design related comments concerning site circulation,
visual impacts, cultural resource compatibility, parking, tree removal, and the proposed building
height bonus under the State Density Bonus law.
• On April 7, 2009, conceptual review comments were provided by the Design Review Board (Board)
to the applicant for the same project design (Exhibit 4). At that time, the Board recognized that the
uniqueness of the existing site conditions; the proximity of the site to historic structures and the
location of the project within a natural topographic “bowl” area, setback 300’ from the closest public
street front. The Board did, however, expressed concern regarding site and building design and
provided direction on recommended improvements to the project, including:
o Provide a more meaningful pedestrian orientation linking or connecting the project with Mission
Avenue, between the project and Boyd Park, and between the project and Falkirk Cultural
Center. Explore allowing shared use of the relocated Elks Lodge parking area for Boyd Park
users, which could be limited in some fashion (weekdays, etc.). Provide bicycle access.
o Create thoughtful usable outdoor areas.
o Reduce the mass of upper-floors of the buildings through the use of stepbacks and/or roof
decks.
o Reduce the use of glass along the south building elevation to reduce potential reflective impacts
during the day and visual attention at night while illuminated.
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o Design of relocated Elks Lodge parking lot should include a more permanent headlight
screening solution rather than rely on landscaping alone.
o Parking lot setback/planting area from Mission Avenue frontage should be more meaningful
(greater than 10’).
o Improve the sense of entry for the driveway from the existing Falkirk driveway through the use
of separation structure or provide greater setback between the two driveways.
o Improve the sense of entry to the buildings, separated from the vehicular access to understory
parking garage.
o Provide bicycle parking.
o Photo simulations should include vantage points along Wolfe Grade (southern gateway to City)
and the Andersen Drive approach to the Downtown.
o Minimize tree removal and unnecessary disturbance, requiring backfilling of “bowl” walls.
o Frontage improvements should be nicely designed.
• On March 9, 2011, formal applications for the project were submitted to the Community
Development Department, Planning Division, including:
o Amendment of the Planned Development (PD) District zoning to allow for the addition of the
proposed multifamily residential use to the existing nonresidential Elks Lodge uses;
o A Master Use Permit to allow the proposed multifamily residential use along with the existing
non-residential special events (Elks Lodge) use;
o An Environmental and Design Review Permit for the proposed site and building development;
o A Tentative Subdivision Map to subdivide the proposed 2.0-acre, panhandle parcel from the
existing 10.6-acre Elks Lodge parcel;
o Variances for both maximum building height and minimum usable outdoor area;
o An Exception from the minimum drive aisle width for four (4) surface angled parking spaces;
and
o Exceptions from the City’s Subdivision Ordinance (Title 15 of the San Rafael Municipal Code)
for minimum driveway right-of-way and pavement width, maximum driveway length, and
minimum turnaround radius.
• On May 25, 2011, a Neighborhood Meeting was conducted by the applicant at the Elks Lodge
(minutes from this meeting are attached as Exhibit 5). The Neighborhood Meeting was attended by
approximately 20 residents and interested parties. Comments provided during the Neighborhood
Meeting include:
o The need to adequately identify and mitigate all traffic impacts of the project to both
intersectional and safe access to/from the site;
o Concern of noise created temporarily during grading/excavation and building activities and
permanently from use of the new outdoor amenity areas by residents;
o The lack of architectural design ‘relationship’ between the proposed project and that of the Elks
Lodge;
o Concern that the project duplicates usable outdoor amenities already existing on the Elks Lodge
property and the need for shared use with the new residents;
o Concern that the photo simulations of the project may be inaccurate and the need for story
poles or other means to physically represent the proposed building height, such as balloons;
o Concern that the Variance request for building height may not meet the required findings and
the precedence created should it be granted;
o The need to preserve and protect existing ‘skyline’ heritage redwood trees on and around the
project site;
o The need consider the City’s Wildland Urban Interface (WUI) requirements during site and
building design;
o The need to preserve the existing, above-ground, piping between the artesian well, located
above Boyd Park, to the water tanks, located above Falkirk Cultural Center; and
o The need to preserve the existing Carriage House, which is believed to be an historic resource.
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• On June 16, 2011, the City’s Park and Recreation Committee conducted a meeting to review the
project’s potential impacts on the public facilities located immediate adjacent to the site, Falkirk
Cultural Center and Boyd Park (Exhibit 6). These potential impacts were identified as both visual
(i.e., whether or how much of the proposed project would be seen by users from either public
property) and noise (i.e., noise resulting from the use of the new outdoor amenities areas by
residents and noise resulting from use of either public site that may conflict with the new resident’s
‘quiet enjoyment’ of outdoor private and common areas). At that time, the Committee did not
indentify any concerns with noise and recommended approval (4-0) of the project, subject to the
following recommendations:
o Provide direct pedestrian connectivity between the project and Falkirk Cultural Center and Boyd
Park;
o Dedicate a portion of the relocated Elks Lodge events parking spaces to be shared with users of
Boyd Park; and
o Preserve as much existing landscaping as possible to provide mature vegetation screening of
the project from both public sites and provide robust additional landscaping along Mission
Avenue.
PROJECT DESCRIPTION
Revisions to Project Since Conceptual Review:
Since the Board’s Conceptual Review and comments in 2009, the applicant has modified the project in
numerous ways, including:
• Architectural style has been changed from contemporary theme to one that is more compatible with
nearby historic structures, using Victorian style architectural elements;
• Building mass has been reduced through the reduction in the number of buildings (from 2 buildings
to 1 L-shaped building) and size of residential units (see below). The applicant indicates there has
been a 19% reduction in mass.
• Building footprint has been decreased by approximately 39% (See site plan part of Exhibit 3 for
outline of previous footprint and proposed new footprint).
• The number of proposed residential parking spaces (covered or uncovered) has been reduced from
126 to 112;
• Although the number of residential units has increased from 52 to 67, the size of each unit has been
reduced 9% - 32% in size (from 1,428-1,508 sq. ft. to 1,139 sq. ft. for 2-bedroom units; and reduced
15% -19% for 3-bedroom units, from 1,655-1,848 sq. ft. to 1,428-1,523 sq. ft.) and their
configuration is predominantly 1-bedroom units rather than 2-bedroom units;
• The building footprint of the residential building setback an additional 45’ toward the north (away
from Mission Ave); and
• The overall building height has remained relatively unchanged, however, the front (southern)
portion of the building has been lowered by approximately 10 feet to create a stepped effect to the
front elevation
See Exhibit 3 for the letter from the applicant explaining the changes to the project and a site plan
illustrating the reduction in building footprint since the Conceptual Review.
Use:
The project proposes a single building, podium-style, L-shaped design with a maximum height of up to
57’ above finished grade (i.e., four floors of residences above two levels of partially subterranean
parking). All residences are proposed to be ‘flats’ in the following configurations:
• 28 units; one-bedroom/one-bath; 765 sq. ft. in size;
• 8 units; one-bedroom/one-bath plus den; 928 – 1,036 sq. ft. in size;
• 16 units; two-bedroom/two-bath; 1,139 sq. ft. in size; and
• 15 units; three-bedroom/two-bath; 1,428 sq. ft. -1,508 sq. ft. in size
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The project currently proposes to construct ‘rental’ housing units, though the applicant reserves the
right to amend the proposed Tentative Map application to construct ‘for sale’ residential units should
economic conditions improve, providing an incentive to create ‘ownership’ units. The project proposes
to provide 6.4 of the 64 residential rental units to low-income households (10% affordability) and seeks
the granting of a State density bonus of three (3) units and one (1) concession/incentive to use State
parking rates. The 0.4 of the 6.4 affordable units would be achieved through payment of an in-lieu fee.
The total number of units with the density bonus would be 67 units.
The project proposes to construct 112, new on-site parking spaces, including 99 covered stalls within
the two, understory garage levels, 12 uncovered parking spaces located immediately west of the
residential building and 1 uncovered parking space located immediate south of the building. Given that
the project qualifies for a density bonus, the project proposes to utilize the State parking rates for the
required on-site parking. The State parking rates require 1 parking space for 1- bedroom units and 2
parking spaces for 2 and 3-bedroom units. Handicapped and guest parking are included within the
State parking rates. Although not required by the State parking rates, the project proposes to provide
13 additional spaces on the site.
The existing 65-stall, Elks Lodge parking lot is proposed to be relocated to an area between the Elks
Lodge structure and Mission Ave. and will be enlarged by one space, to 66 parking spaces.
Site Plan:
Vehicular access to the project site would continue using the existing narrow, western driveway off of
Mission Avenue, which would be widened to allow two-way ingress/egress with an additional turning
lane off Mission Avenue into the proposed relocated Elks Lodge events parking lot. The project
proposes to eliminate the eastern driveway access off of Mission Avenue, located across from C Street
and construct a pedestrian staircase between Mission Avenue and the relocated Elks Lodge events
parking lot. The project is proposed to be constructed behind the Elks Lodge, on an existing 65-stall
parking lot used during special events hosted on the site. The project proposes to relocate the existing
Elks lodge events parking lot to an area between the Elks Lodge and Mission Avenue and will be
enlarged by one space, to 66 parking spaces. The project would require the demolition of a number of
existing detached accessory structures, including a two-story, ‘Carriage House’, which has been
determined by consultant evaluation to be an historic resource under CEQA.
Architecture:
The project proposes six-story tall (partial subterranean), flat roofed building with an L-shaped footprint
that is not Victorian-era in design though it incorporates decorative elements and exterior façade
treatments that are reflective of Victorian-era structures, including large double hung windows, window
surrounds, detailed cornice/frieze/corbel stepped molding, multiple rooflines, and alternating exterior
surfaces clad in shingles, brick and clapboards. Recessed and projecting exterior facades and
balconies provide dimensional articulation. A sense of entry is created by eliminating a portion of the
top floor and constructing an open-aired roof deck or ‘sky deck’.
The existing up-sloping nature of the project site from Mission Avenue (11% average slope), together
with the proposed grading, would result in the appearance that the proposed building is stepping up the
driveway approach; the front (southern) portion of the proposed building would have the appearance of
a five- to six-story structure and a four-story structure at the top of the driveway at the rear (northern)
portion of the building.
The project proposes all exterior material finishes for the four residential floors in cementitious/
fiberglass with decorative metal deck railings. Proposed body colors include “White Raisin”, a golden-
yellow shade, for the smooth plank lap siding façade sections, “Whitetail”, an off-white shade, for the
shingle siding façade sections. Proposed trim color for all windows, building corners, and
cornice/corbel/frieze and batton parapet sections are proposed to also be “Whitetail”. The proposed
deck railing color is a galvanized and powder-coated “Gauntlet Gray”, a beige gray shade. The project
proposes horizontally-scored concrete finishes for the ground floor garage levels with decorative metal
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grates or grills to match the design of the deck railings. The proposed body color of the scored concrete
is “Smokehouse”, a medium brown shade, while the color of the garage grates or grills are proposed to
match that of the upper-story deck rails. The project proposes limited application of brick veneer along
the southwest portion of the building to accent the primary entrance to the building. The proposed brick
color is “Riverbed” (“El Dorado Stone; TundraBrick), a pewter-earthen brown shade with gold hints.
The project will be required to meet the City’s Green Building Ordinance, certification that it meets a 60-
75 Greenpoints rating with energy-efficiency 15% greater than Title-24 requirements.
A comprehensive color board will be provided during the Board meeting.
Landscaping:
The project proposes landscape improvements around the new building, along the west elevation of the
driveway, between Falkirk Cultural Center, around the relocated Elks Lodge events parking lot, and
along the Mission Avenue frontage, which includes new street trees. In all, the project proposes to
install 5,775 new plantings (trees, shrubs, and groundcovers), including 84 trees (7 Valley Oak trees
and 4 Redwood trees). Other proposed new tree plantings include Red Maples, Californian Buckeye,
Chinese Fringe Trees, Dogwoods, Cypress, and Saucer Magnolias, with London Plane Trees along
Mission Avenue. The proposed new landscaping includes 3,900 sq. ft. of ‘bio mix’ grass seed (i.e.,
Yellow Fox Sedge, Frank’s Sedge, Fox Sedge and Virginia Wild Rye) within the right-of-way, under the
new street trees, between a new sidewalk extension and Mission Avenue.
The project additionally proposes to remove 96 existing trees (composed of 47 significant and 49 non-
significant—many of both types are in poor condition and recommended for removal by the arborist) on
and near the proposed widened driveway, new building and relocated Elks Lodge event parking lot,
including five (5) Coast Redwood trees (12 – 57” in diameter), four (4) Coast Live Oak trees (6 – 9” in
diameter) and one (10 Valley Oak tree (20” in diameter). Other existing tree species proposed for
removal include Southern Magnolia, Monterey Pine, English laurel, Glossy Privet, Victorian Box,
California Bay Laurel, Ginkgo, Pittosporum, European Olive, Deodar Cedar, Cabbage Palm, Japanese
Loquat, Blackwood Acacia, California Pepper, Italian Stone Pine, and Bailey’s Acacia. Trees proposed
for removal have been marked with pink ribbon/tags on the site.
The project also proposes to transplant nine existing mature (9) palm trees (13 – 40” in diameter) at the
entry to the driveway, along the eastern elevation, between the Elks Lodge and the relocated and
relocated Elks Lodge events parking lot. A majority of these relocated palm trees will be Canary Island
Palms (8) and one (1) Mexican Fan Palm tree.
Lighting:
The project proposes exterior lighting improvements at all building entrances, parking lot areas, and
pedestrian walkways between these parking areas and building entrances. Lighting fixtures are
proposed to be both freestanding and building mounted and range between 46 and 129 watts. Building
entrances and parking lot areas are proposed to maintain between 0.2 and 10.9 foot candles
illumination as measured at ground level. Walkways between building entrances and parking lot areas
are proposed to maintain between 0.3 and 20.9 foot candles illumination as measured at ground level.
Grading/Drainage:
The project proposes 13,370 CY of ‘cut’ and 1,400 CY of ‘fill’ with 11,970 CY of net excavated spoils
off-haul. The project primarily proposes excavation ‘cut’ to lower the rear of the proposed building and
to partially subterranean the garage levels. The project primarily proposes excavation ‘fill’ to create the
relocated Elks Lodge events parking lot. The project also proposes to grade off head scarps located at
the top of the hillside bank above the project site in order to eliminate potential debris slides and
erosion during severe winter weather and above average rainfall rates.
The project proposes drainage improvements for the site, including culverting an existing open
drainage channel, located along the eastern boundary of the project site, and directing the existing
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stormwater runoff from the 15.4-acre watershed flow, together with stormwater runoff from the project,
to a large bioretention basin with a storage capacity of 8,000 CF. The project additionally proposes to
direct stormwater runoff from the relocated Elks Lodge event parking lot into two (2) smaller
bioretention basins, located along southern elevation of the parking lot, at the western and eastern
ends.
The project proposes exposed retaining wall along the southern elevation of the relocated Elks Lodge
event parking lot, between 3.2 – 5’ in height, and around the sides and rear portions of the new
building, between 3 – 11.9’ in height.
Frontage Improvements:
The project proposes to improve the entire, 466.5-linear-foot, Mission Avenue frontage with a porous
concrete sidewalk, canopy street trees (London Plane Trees) and an understory grass seed (Yellow
Fox Sedge, Frank’s Sedge, Fox Sedge and Virginia Wild Rye). The project proposes to preserve the
existing rock wall along the frontage while removing the existing wood/grape stake fencing which
currently sits atop. The project proposes to widen the existing western driveway, necessitating the
removal of 24’ of rock wall and the relocation of the existing stonewall post to the new eastern edge of
the widened driveway. The project additionally proposes to remove the existing eastern driveway,
located across C Street, and reuse the rock wall material to construct a pedestrian staircase between
Mission Avenue and the relocated Elks Lodge events parking lot. The existing stonewall post, located
at the western edge of the eastern driveway is proposed to be removed. The relocated Elks Lodge
events parking lot will necessitate exposed retaining walls, 3.2 – 5’ in height, along the southern
elevation, 10 – 50’ setback from the rock wall along the Mission Avenue frontage. These retaining walls
will be topped with ornamental guardrail fencing (Redwood rail and slats with a ‘chris-cross’ design in
front of metal pickets), 3’ in height. The area, located behind the preserved rock wall and the new
retaining walls for the Elks Lodge events parking lot, is proposed to be landscaped with a mixture of
tree, shrub and groundcover plantings.
Elks Lodge Events:
The existing zoning on the site is “shell” Planned Development (PD) which has no land use or
development standards. Any change in use of the site beyond those existing Elks Lodge uses requires
the Rezoning of the “shell” PD to amend the PD. The PD zoning does not currently allow for multifamily
residential uses or any other uses on the site other than the existing Elks Lodge uses (The site has a
General Plan land use designation of High Density Residential or HDR, which does allow for multifamily
residential uses). A Master Use Permit is required in order to both allow for the multifamily residential
use proposed by the project and to identify the intensity of non-residential uses by the Elks Lodge.
These proposed new PD land use or development standards are identified in the applicant’s Project
Description (Exhibit 2).
ANALYSIS
General Plan 2020 Consistency:
The General Plan land use designation for the developed portion of the site is High Density Residential
(HDR), while the rear undeveloped hillside portion of the site is Hillside Residential Resource (HHR).
The HDR designation allows for residential uses typical of apartment or condominium densities (i.e.,
densities of 15– 32 (gross residential units/acre), similar to that which is proposed by the project.
Thereby, the proposed use of the project site is consistent with Land Use Policy LU-23 (Land Use Map
and Categories). The project’s proposed building height of up to 57’ is not in accordance with neither
the site’s 36-foot maximum building height under Land Use Policy LU-12 (Building Height), nor is the
site eligible for a height bonus under Land Use Policy LU-13 (Height Bonuses). Instead, the project is
requesting a height Variance under LU-12c: “Height limits may be exceeded through granting of a
zoning exception or variance, or through a height bonus as described in LU-13 (Height Bonuses)”.
There are numerous policies contained in the General Plan that will need to be evaluated as this
project proceeds before the Commission and Council. However, given that the scope of this review is
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design review, only the design-related policies of the General Plan have been noted and analyzed
below. Staff does note that there are numerous non-design policies, such as those that encourage
housing in and near the downtown and identify this site as an opportunity site to add housing.
However, as noted, the focus of this report and review is on the design related policies and a complete
General Plan consistency analysis of this project’s consistency with all General Plan policies will be
prepared as part of the Planning Commission and City Council review.
Staff requests the Board’s guidance in evaluating the project for consistency with the following design-
and historic preservation-related General Plan policies:
• H-3 (Design That Fits into the Neighborhood Context) strives to create new housing, remodels and
additions to be compatible in form to the surrounding neighborhood by incorporating transitions in
height and setbacks from adjacent properties to respect the existing development character and
privacy and to minimize the negative effects on adjacent properties.
• H-18b (Efficient Use of Multifamily Housing Sites) encourages residential development on parcels
identified in the General Plan as specific “housing sites” to be approved at the mid- to high-range of
zoning density, unless physical or environmental constraints preclude such achievement.
• CD-3 (Neighborhoods) seeks to recognize, preserve and enhance the positive qualities that give
neighborhoods their unique identities, while also allowing flexibility for innovative design. New
development should respect the context and scale of existing neighborhoods.
• CD-4 (Historic Resources) seeks to protect San Rafael’s positive and distinctive image by
recognizing, preserving and enhancing the City’s historic resources.
• CD-11 (Multifamily Design Guidelines) seeks to recognize, preserve and enhance the design
elements that ensure multifamily housing is visually and functionally compatible with other building
in the neighborhood; new development should fit within and improves the character defining
elements of the neighborhoods
• CD-14 (Recreational Areas) requires private and/or common outdoor spaces for multifamily-high
density development. Common areas may include recreation facilities, gathering spaces, and site
amenities such as picnicking and play areas.
• CD-18 (Landscaping) recognizes landscaping as a significant component of all site design.
• CD-19 (Lighting) requires adequate site lighting for safety purposes while controlling excessive light
spillover and glare.
• CD-21 (Parking Lot Landscaping) requires providing adequate parking lot landscaping to control
heat build-up from pavement, reduce air pollution, provide shade cover for vehicles, and soften the
appearance for parking lots. Emphasize the use of trees, and limit the height of shrub plantings so
as to avoid creating security problems.
• CA-13 (Historic Buildings and Areas) requires new development and redevelopment to respect
architecturally and historically significant buildings and areas.
• S-18 (Storm Drainage Improvements) requires new development to improve local storm drainage
facilities to accommodate site runoff anticipated from a “100-year” storm.
Staff’s Comments. The 10.6-acre, Elks Lodge site has been identified as a future multifamily housing
site in the General Plan (Appendix B; Housing Element Background; San Rafael General Plan 2020);
sites large enough to accommodate new medium and high density residential developments. The HDR
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General Plan land use designation for the proposed new 2-acre site, will allow for development of 30 –
64 residential units. The HDR General Plan land use designation will not allow commercial, office,
industrial or single-family residential uses; the Elks Lodge site may only be developed for high-density
multifamily housing use. The Planned Development (PD) District zoning designation allows for the most
flexible site and building design to best accommodate requirements that any new development shall
‘respect’ the architecturally and historically significant buildings in the immediate vicinity.
The application submittals included an historic resource evaluation (Exhibit 7; Archaeological Resource
Service; Cassandra Chattan; dated May 17, 2011) which concluded that the site and building
development proposed by the project will not have negative impact on a significant historic resource. It
was determined that the proposed new building will not be visible from either the Falkirk Cultural Center
or the Boyd Gatehouse, both listed as ‘landmark’ structures on the San Rafael Historical/Architectural
Survey, due to surrounding hillsides and tall trees. It was also determined that the proposed new
building will not be generally visible in front of the Elks Lodge site (‘Maple Lawn’), which is also listed as
a local historically significant resource though not a ‘landmark’, due to the Elks Lodge itself and tall
trees. The historic resource evaluation concluded that the proposed design of the project is compatible
with the Secretary of Interior’s guidelines for how to treat historic resources; the design, materials,
colors, and textures of the proposed project are visually compatible with nearby historic structures. And
while the size and scale of the new building is larger than the surrounding historic structures, it’s
massing was determined not to have a negative impact since it will be generally hidden from public
view sheds. The historic resource evaluation further concluded that the ‘Carriage House’ is an historic
resource, which the project proposes to demolish. The project proposes to mitigate the loss of this
historic resource by preserving the southern façade of the ‘Carriage House’ and relocating it elsewhere
on the site. This proposed mitigation is currently being peer reviewed by the City for further analysis as
part of CEQA.
Staff requests direction from the Board on revisions recommended to achieve greater compliance with
the applicable General Plan policies.
Zoning Ordinance Consistency (Title 14; San Rafael Municipal Code):
Chapter 7 – Planned Development (PD) Districts
The project is subject to the development standards for the Planned Development (PD) District,
pursuant to Chapter 7 (Section 14.07.030) of the San Rafael Municipal Code (the Zoning Ordinance).
The existing zoning on the site is “shell” PD which has no land use development standards and no
uses, other than those existing Elks Lodge uses, are permitted without an approved development plan,
which is consistent with the General Plan land use designation(s) and intensities for nonresidential
development (floor area ratio or FAR). Given the project incorporates the nonresidential Elks Lodge
uses into the proposed project, a Master Use Permit is required. The minimum lot area to create or
approve a new PD district is 2.5 acres.
Staff’s Comments. The Elks Lodge site is 10.6-acres in area and does not have an approved
Development Plan. The project proposes to subdivide and redevelop a 2.0-acre portion of the site. The
project proposes to amend the existing PD for the entire Elks Lodge site to approve a specific
Development Plan that includes the project and incorporates the existing Elks Lodge uses (Exhibit 2;
Project Description). This Rezoning requires City Council approval, based on a recommendation of the
Planning Commission.
Chapter 16 – Site and Use Regulations
Affordable Housing Requirement
Both the City’s General Plan (Housing policy H-19; Inclusionary Housing Requirement) and the Zoning
Ordinance (Section 14.16.030; Affordable Housing Requirement) require that housing project, which
propose more than 20 new units, provide a minimum 20% of the total units at below market rates (BMR
units) for a minimum of 55 years. Based on this affordable housing requirement, the project should
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provide 13 BMR units (20% x 64 units = 12.8 units, rounded up to 13 BMR units required). For rental
projects, a minimum 50% of the required BMR units should be made affordable to very low-income
households (50-80% of the median County income), with the remainder affordable to low-income
households (80-120% of the median County income). However, recent case law (the Palmer decision)
determined that inclusionary housing requirements cannot be imposed upon rental projects.
Staff’s Comments. Instead, the project voluntarily proposes 10% affordability (10% x 64 = 6.4 units;
rounded down to 6 BMR units with the fractional 0.4 unit paid as an in-lieu fee). Providing the 10%
affordability or 6 BMR units made affordable to low-income households, qualifies the project for a 20%
State density bonus or 13 additional market-rate units. The project limits its State density bonus request
to three (3) additional market-rate units, bringing the total units proposed to 67 (64 units + 3 State
density bonus units = 67 units total). The applicant has indicated an interest in possibly recording a
condominium map for 67, ‘for sale’, ‘air space’ units prior to building permit issuance. Staff has
indicated to the applicant that if the project becomes a ‘for sale’ development, it will be subject to the
City’s affordable housing requirement (20% affordability) and will be conditioned as such.
Creeks and Watercourses
Pursuant to Section 14.16.080 (Creeks and Other Watercourses), creeks and drainageways should be
enhanced where feasible to serve as wildlife habitat as well as drainage facilities. Proposed fill of, or in,
a creek or drainageway is subject to protections and mitigations under General Plan Conservation
Policy CON-3 (Wetlands Protection and Mitigation of Unavoidable Fill) and use permit approval by the
Planning Commission when it will result in a loss of wetlands.
Staff’s Comments. The project proposes to underground culvert an existing ephemeral drainageway
which traverses along the eastern elevation of the project site, from north to south. The proposed, 24”-
diameter, drain pipe will direct the existing storm water runoff from the surrounding 15.4-acre
watershed, from the hillside above, to a large bioretention basin with a storage capacity of 8,000 CF,
located at the southeastern corner of the project site before it connects to the City’s, 18”-diameter,
storm drain system. The project includes a drainage analysis from a engineers that supports the
drainage plan as presented. The application submittals included a jurisdictional or wetlands delineation
report (WRA Environmental Consultants; Tim DeGraff and Tyler Barns; dated July 27, 2011), which
concluded that the 6.73-acre study area does not contain any jurisdictional wetlands, seasonal or
emergent; isolated or man-induced. The application submittals also included a Geotechnical
Investigation Report (Treadwell & Rollo; Serena T. Jang; dated May 9, 2011), which identified a portion
of the western bank of the drainageway was impacted by landslide damage and recommended
mitigation measures to excavate the loose soils and fill with native rock.
Staff requests that the Board comment on the following:
• Whether the existing ephemeral drainageway, located along the eastern boundary of the project
site, should be culverted underground to accommodate the new building footprint and to facilitate
the repair of an existing landslide damaged bank slope?
Water-Efficient Landscape
Per Section 14.16.370 (Water-Efficient Landscape), any developer-installed residential or
nonresidential projects that include landscape and irrigation new or rehabilitated landscape, where the
landscape area is equal or greater than 1,000 sq. ft. in size, are required to comply with water-efficient
landscape requirements and to monitor irrigation usage. These water conservation requirements are
administered through review prior to building permit issuance by the Marin Municipal Water District
(MMWD) as specified in MMWD Ordinance 421.
Chapter 18 – Parking Standards
Parking Requirement
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By voluntarily providing 10% affordability, or 6 BMR units, to low-income households, the project not
only qualifies for a 20% State density bonus but, also, one (1) concession or incentive. The concession
or incentive requested by the project is to use the State parking rate of one (1) on-site parking space
per 1-bedroom units and two (2) on-site parking spaces per 2- and 3-bedroom units, inclusive of
handicap and guest parking requirements. When applying the State parking rates to the proposed
configuration of the residential units (36, 1-bedroom units; 16, 2-bedroom units; 15, 3-bedroom units),
the project is required to provide 98 on-site parking spaces, either covered or uncovered. The project
proposes 112 on-site parking spaces, including 99 garage parking spaces and 13 uncovered guest and
handicap spaces (For comparison, if the City’s parking rates were applied to the project, 116 on-site
parking spaces would be required, including 67 covered spaces, 13 guest parking spaces and an
undetermined amount of handicap spaces).
In addition, the project proposes to relocate the existing, 65-stall, Elks Lodge event parking lot, on
which the project is proposed, to an area between the Elks Lodge and the Mission Avenue frontage
and enlarged it by one space, to 66 parking spaces.
Staff’s Comments. Both the new residential parking and the relocated Elks Lodge events parking,
proposed by the project, comply with the following parking standards:
• Minimum parking stall dimensions (9’ x 19’ standard design, 8’ x 16’ compact design);
• Maximum allowable compact design parking spaces (less 30% maximum);
• Minimum drive aisle width or minimum parking space backup area (26’);
• Minimum driveway access width (24’ residential; 26’ nonresidential);
• Minimum end of drive aisle, parking stall access extension (2’);
• Maximum driveway grade (18%);
• Minimum parking lot landscaping for relocated Elks Lodge events parking lot (17 canopy shade
trees);
• Parking lot screening to headlight height from public view (fencing with landscaping); and
• Parking lot lighting;
The project also voluntarily provides garage bicycle parking and guest parking spaces for new
residents.
Both the new residential parking and the relocated Elks Lodge events parking, proposed by the project,
do not comply with the following parking standards:
• Minimum 20’ drive aisle width or backup area for four (4) angled parking spaces within the relocated
Elks Lodge events parking lot (parking spaces #54c – 57c; 17.2’ provided);
• Minimum 6’-wide planter areas, exclusive of curbing (majority of planter islands are maximum 5’-
wide, excluding curbing);
• Minimum 3 canopy shade trees for residential guest parking lot (1 provided);
• Parking lot canopy trees evenly distributed throughout the parking area.
The application submittals include an Exception request to the minimum drive aisle width or backup
area for the four (4) angled, relocated Elks Lodge events parking spaces (see discussion below). The
application submittals also include a request to allow the clustering of parking lot canopy trees around
the perimeter of the parking area rather than evenly distributing these throughout the parking area. This
clustering of parking lot canopy trees is subject to the approval of the hearing body (City Council) with
the recommendation of the Board and Planning Commission.
Staff requests that the Board comments on the following:
• Whether the proposed clustering of canopy trees around the relocated Elks Lodge events parking
lot is appropriate?
• Whether the proposed parking lot landscape islands should meet the minimum 6’-width standard,
excluding curbing?
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• Whether the residential guest parking lot should meet the minimum standard by providing 3 canopy
shade trees?
Chapter 22 – Use Permits
Given that the project proposes to amend the existing “shell” PD District zoning to approve a
development plan that will incorporate both the new residential use with the existing Elks Lodge uses, a
Master Use Permit is required (Exhibit 2; Project Description).
Chapter 23 – Variances
Pursuant to Section 14.23.010, the purpose of a Variance is to resolve practical difficulties or
unnecessary hardships resulting from the strict application of development standards when special
circumstances pertaining to the project site, including size, shape, topography or location deprives such
property of privileges enjoyed by other properties in the vicinity and in the same zoning district. The
application submittals includes requests for the granting of Variances for both building height and
minimum usable outdoor area (common or private), which are both subject to the approval of the
hearing body (City Council) with the recommendation of the Board and Planning Commission.
The maximum allowable building height for the project site is 36’ above grade. The project proposes
building height of up to 57’ above grade, which requires the granting of a Variance for building height
up to 21’ greater than allowed. The applicant advocates that the unique site condition (i.e., existing Elks
Lodge parking lot occupies a defunct quarry, surrounded on three sides by steep hillsides and tall
trees) limits the developable portion of the Elks Lodge site to the relatively flat, 2.0-acre existing parking
lot and screens it from public views.
The minimum required usable outdoor area (common or private) for the project is 10,050 sq. ft. or 150
sq. ft. per unit. The project proposes a total of 8,203 sq. ft. of usable outdoor area, including private
balconies for each unit, common indoor (sky or roof deck; fitness, game and community rooms) and
outdoor areas (outdoor recreation area located adjacent to the southeastern corner of the building).
Again, the applicant proposes that the physical constraints of the project site prohibit the ability to meet
the minimum required usable outdoor area.
Staff’s Comments. Staff supports both Variance requests due to the unique physical conditions of the
project site; the prior quarry operations on the project site have created a manmade “
‘bowl’, where steep hillsides and thick vegetation screen the project site on three sides from public view
and where tall trees and the Elks Lodge itself generally screens the project site from the Mission
Avenue view sheds. The General Plan encourages that those “housing sites”, identified in Appendix B,
should be approved at the mid- to high-range of allowable density (Housing Policy H-18b; Efficient Use
of Multifamily Housing Sites). The existing Elks Lodge development and surrounding undeveloped
steep hillside limit the developable portion of the site to the existing rear parking lot. The ‘bowl’-like
location of the existing parking lot essentially limits residential development to the vertical space.
The application submittals included visual simulations (Exhibit 8). As a result of Pre-application review
comments, the applicant identified 13 view sheds for possible visual simulations of the project, which
Planning staff narrowed down to four (4) view sheds. During Conceptual review, the Board requested a
fifth visual simulation site. Then, during formal project review, Planning staff requested two, previously
dismissed, visual simulation sites. These visual simulations show that the project will have little, if any,
direct impact on these view sheds; the surrounding hills, tall trees and the Elks Lodge itself will
generally screen the project from public view.
Given the proposed height of the building, the installation of traditional story poles are not feasible.
Photo simulations are provided, but to assist in representing the proposed building height, balloons will
be raised on the project site (Exhibit 9; balloon key and methodology), starting Friday, September 30th
at 5 p.m., thru the Board’s meeting to depict the building height of the proposed project. Balloons will be
placed at each of the corners of the proposed, L-shaped, building.
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Staff requests that the Board comments on the following:
• Whether the Variance request, for building height up to 57’ where a maximum 36’ is allowed, should
be granted, given the unique physical site constraints and the lack of visibility from public view
sheds?
• Whether the Variance request, for 8,203 sq. ft. of total usable outdoor area where 10,050 sq. ft. is
required, should be granted, given the unique physical site constraints?
Chapter 24 – Exceptions
Pursuant to Section 14.24.020, minimum drive aisle width or backup distance may be reduced, subject
to review and approval by the hearing body (City Council) with the recommendation of the City
Engineer. Drive aisle width Exceptions shall only be allowed where such decrease will not create a
hazardous traffic condition, and where such reduction is necessary to provide for additional parking
where existing parking does not meet current standards.
Staff’s Comments. The application submittals include an Exception request to the minimum drive aisle
width or backup area for four (4) angled parking spaces in the relocated Elks Lodge events parking lot.
The project proposes a 17.2’ drive aisle width or backup distance for four (4) angled parking spaces
(#54c-57c), located immediately southeast of the Elks Lodge, rather than the minimum 20’ required.
The applicant believes that the proposed 17.2’ backup distance is appropriate, given: 1) these angled
parking spaces are located on an existing one-way, service driveway that loops behind the Elks Lodge,
which has limited public use and which is not proposed to be widened by the project; 2) portions of the
one-way service driveway are already narrow (9.9’ in width) and the project does not propose to widen
this service access due to its limited use; and 3) widening that portion of the service drive to meet the
20’ minimum backup dimension for the four (4) angled parking spaces would require the narrowing of a
parking lot planting area and the loss of one (1) canopy shade tree.
Chapter 25 – Environmental and Design Review Permit
The project requires an Environmental and Design Review Permit given that it proposes to construct a
new multifamily residential structure, with three or more units. The project is subject to the review
criteria for Environmental and Design Review Permits, pursuant to Section 14.25.050 (Review Criteria;
Environmental and Design Review Permits) of the Zoning Ordinance, as follows:
• Site Design. Major views of the San Pablo Bay, wetlands, bay frontage, the San Rafael Canal, Mt.
Tamalpais and the hills should be preserved and enhanced from public streets and public vantage
points. Respect site features and recognize site constraints by minimizing grading, erosion, and
removal of natural vegetation. Sensitive areas, such as highly visible hillsides, steep, unstable or
hazardous slopes, creeks and drainageways, and wildlife habitat, should be preserved and
respected. Proposed structures and site development should relate to the existing development in
the vicinity. The development should have good vehicular and pedestrian circulation and access.
Safe and convenient parking areas should be designed to provide easy access to building
entrances. Parking facilities should detract as little as possible from the design of proposed or
neighboring structures. Entrances to parking structures should be well-defined. The traffic capacity
of adjoining streets must be considered.
• Architecture. The project architecture should be harmoniously integrated in relation to the
architecture in the vicinity in terms of colors and materials, scale and building design. The design
should be sensitive to and compatible with historic and architecturally significant buildings in the
vicinity. Design elements and approaches which are encouraged include: a) creation of interest in
the building elevation; b) pedestrian-oriented design in appropriate locations; c) energy-efficient
design; d) provision of a sense of entry; e) variation in building placement and height; and f) equal
attention to design given to all facades in sensitive location.
• Materials and colors. Exterior finishes should be consistent with the context of the surrounding area.
Color selection shall coordinate with the predominant colors and values of the surrounding
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landscape and architecture. High-quality building materials are required. Natural materials and
colors in the earth tone and wood tone range are generally preferred. Concrete surfaces should be
colored, textured, sculptured, and/or patterned to serve design as well as a structural function.
• Walls, Fences and Screening. Walls, fences and screening shall be used to screen parking and
loading areas, refuse collection areas and mechanical equipment from view. Screening of
mechanical equipment shall be designed as an integrated architectural component of the building
and the landscape. Utility meters and transformers shall be incorporated into the overall project
design.
• Exterior Lighting. Exterior lighting should provide safety for building occupants, but not create glare
or hazard on adjoining streets or be annoying to adjacent properties or residential areas.
• Landscape Design. Outdoor amenity areas should be designed to minimize noise impacts on
adjoining uses. Landscaping shall be designed as an integral enhancement of the site and existing
tree shall be preserved as much as possible. Water-conserving landscape design shall be required.
A landscaped berm around the perimeter of parking areas is encouraged. Smaller scale, seasonal
color street trees should be proposed along pedestrian-oriented streets while high-canopy, traffic-
tolerant trees should be proposed for primary vehicular circulation streets.
Staff’s Comments. The project site is located behind the existing Elks Lodge, on a rise set into a
quarried area surrounded on three sides by steep hillside and tall trees. As proposed, it appears that
the project generally will not be visible from public view, even along the Mission Avenue, where the
existing Elks Lodge building will screen much of the new residential building. This is a particularly
difficult site for redevelopment, primarily due to ‘bowl’-like, physical constraints; the project site is a
narrow though deep parking lot, which effectively limits much of its redevelopment to the vertical space.
Neighboring historic resources require that any new development complement or be compatible with,
and not detract from, the historic character of these surrounding sites. Additionally, the proposed
design (architecture, form, scale, materials and color, etc.) of the project is required to ‘relate’ to the
predominant design existing in the vicinity. The historic resource evaluation (Exhibit 7) for the project
concluded that the proposed, 6-story, L-shaped, building architecture, though not Victorian-era in
design, successfully incorporates decorative elements and exterior façade treatments that are reflective
of Victorian-era structures, including large double hung windows, window surrounds, detailed
cornice/frieze/corbel stepped molding, multiple rooflines, and alternating exterior surfaces clad in
shingles, brick and clapboards. Recessed and projecting exterior facades and balconies provide
dimensional articulation. A sense of entry is created by eliminating a portion of the top floor and
constructing an open-aired roof deck or ‘sky deck’.
Planning staff believes, however, that the proposed design of the building should provide a better, more
permanent, sense of entry. The project currently proposes a small awning display above a storefront
window array. Planning staff also believes that the driveway approach, the vehicular entrances to the
relocated parking lot and to the new parking garage, and the pedestrian walkways should be made
easier to find through the use of special treatments, such as colored concrete or paving materials. The
relocated parking lot should more clearly define, with similar special treatments, how and where the
pedestrian movement would occur through the parking lot from the proposed new staircase across from
C Street; it appears that pedestrians using this staircase will be directed into the new parking lot without
any defined or logical path of travel to a safe pedestrian walkway. Lastly, Planning staff believes the
pedestrian walkway, adjacent to the western driveway, should be redesigned to provide a landscaped
setback from the driveway for the entire distance (approximately 225’) between Mission Avenue and
the building entrance (currently, only 32’ of the pedestrian walkway maintains a driveway setback). Staff
does note that the current lot layout of land area that is proposed to be divided from the Elks Club
Property (the panhandle portion) may not allow for any widening of this area given the road width
requirements.
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Staff also notes that the proposed relocation of the existing Elk Club event parking to the front of the
site will greatly improve the condition of event parking in terms of meeting size and backup
requirements for parking spaces and providing disabled access.
Staff requests the Board’s comments on the following:
• Whether the proposed design adequately respects the historic character of surrounding historic
structures?.
• Whether the proposed design adequately relates to the predominant design (architecture, form,
scale, materials and color, etc) of existing buildings in the vicinity?
• Whether the building’s sense of entry is adequate and appropriate?
• Whether the proposed design should be improved by providing special treatments, such as colored
concrete or paving materials, to the driveway approach, vehicular entrances to the parking lot and
garage, and pedestrian walkways?
• Whether the relocated Elks Lodge events parking lot should more clearly define, with special
treatments, safe pedestrian movement from the top of the new staircase across from C Street to the
nearest pedestrian walkway?
• Whether the pedestrian walkway should be redesigned to provide a landscaped setback from the
driveway between Mission Avenue to the building entrance?
San Rafael Design Guidelines:
On November 15, 2004, the City Council adopted (by Resolution No. 11667) the interim San Rafael
Design Guidelines to give the City staff direction in the design of new development in accordance with
the San Rafael General Plan 2020 Community Design Element’s implementing programs. These
guidelines provide a framework of design principals that builds on the strength of the existing character
of an area and that strives to improve the visual unity of the area. Planning staff requests the Board’s
guidance in evaluating the project for consistency with the following applicable non-residential and
historic building design guidelines:
Non-residential Design Guidelines
The project proposes site improvements, including relocation of the Elks Lodge events parking lot,
where the following non-residential design guidelines strive to improve the visual unity and builds on
the existing character of Elks Lodge site:
Parking Lots
• A logical sequence of entry and arrival as part of the site design should be provided.
• Parking should be distributed to provide easy access to building entrances.
• Where possible, parking should be located to the rear or side of a building in order to reduce the
visual impact of parking areas.
• Design for adequate vehicle maneuverability in parking areas.
• Parking areas should be screened from the street with hedges, walls, fences or berms, subject to
security considerations.
• Vehicular and pedestrian entrances into parking lots should be easy to find through the use of
special entry treatments, such as colored concrete, special plantings and/or signage.
• Shade trees should be provided in accordance with the City’s Parking Standards.
Landscaping
• Landscaped areas should be planned as integral parts of the site development and to create a
strong landscaped character for the site.
• Trees should be planted in a variety of locations, such as along the side property lines, clustered in
planting areas, or distributed throughout the parking lot, consistent with the Zoning Ordinance.
• Pedestrian areas should be made visually attractive with special plantings and flowering trees.
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• Retain and maintain existing public street trees and add additional street trees where practical.
Lighting
• Limit the intensity of lighting to provide for adequate site security and for pedestrian and vehicular
safety.
• Shield lighting sources to prevent glare and illumination beyond the boundaries of the property.
• Lighting fixtures should complement the architecture of the site.
Pedestrian Circulation
• Clearly define pedestrian movement through the parking lot by providing changes in pavement or
separate landscaped walkways.
• Special design elements should be included, such as bollards, pots, benches, unique paving,
and/or pedestrian lighting to add visual richness to areas designed for pedestrian access.
• Adequate facilities should be provided for bicycle parking, consistent with the requirements of the
City’s Parking Standards.
Historic / Architectural Significant Building Design Guidelines
Additionally, the project site proposes new, multifamily residences located within close proximity of
identified historic/architecturally significant structures, where the following specific design guidelines
apply:
• New buildings, additions or major remodels in the vicinity of a building listed in the San Rafael
Historical/Architectural Survey should respect the pattern, scale and design of the older building,
and not create visual distractions.
• Provide an appropriate transition in height between low rise and taller buildings, through example,
careful use of building stepbacks and variable roof heights.
• Windows should be properly proportioned and upper story windows should be vertically aligned with
windows and doors on the ground floor.
• On streets with a concentration of older buildings that have a well-defined design pattern or
rhythm, preserve and complement horizontal building lines, such as cornice lines and window
frames of adjacent architecturally significant buildings.
• On streets with a concentration of older buildings that have a well-defined design pattern, the size
and proportion of window and door openings should be similar to those of surround facades.
• Older buildings, particularly mixed-use buildings, tend to differentiate between the first floor and
upper floor façade treatments. This is an appropriate design feature to emulate in new construction
adjacent to such buildings.
• Relate new roof forms to those found in the area.
Staff’s Comments. Planning staff has no additional issues or concerns with the site and building
design of the project beyond those listed elsewhere in this report.
Subdivision Ordinance Consistency (Title 15; San Rafael Municipal Code)
Chapter 1 – Exceptions
The project proposes to subdivide a 2.0-acre, panhandle-shaped, parcel from the existing 10.6-acre
Elks Lodge parcel. The project proposes to access the new parcel from Mission Avenue using the
existing driveway, which is proposed to be widened and improved with lighting, landscaping and a
pedestrian walkway. Pursuant to Chapter 15.06, this improved driveway is required to meet the City’s
Subdivision standards for private streets. As designed, the proposed improved private street does not
comply with the following subdivision standards:
• Minimum right-of-way (50’ required; 38’ proposed);
• Minimum pavement width (36’ required; 26’ proposed);
• Maximum driveway length (350’ without EVA allowed; 550’ proposed without EVA);
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• Minimum turnaround radius (40° required, 30° proposed);
• Street lighting (building entrances, parking areas and walkways between parking areas and building
entrances only proposed);
• Sidewalk/walkways (along both sides required; eastern elevation only proposed); and
• Grade of 12% or less, not to exceed 18% w/o City Engineer’s recommendation (up to 12.9%
proposed).
Pursuant to Section 15.01.120, new subdivision street standards may be reduced, subject to review
and approval by the hearing body (City Council) with the recommendation of the City Engineer and/or
Fire Chief. Subdivision street Exceptions shall only be allowed where there are special circumstances
and/or conditions on the subdivided parcel and where such decrease will not be detrimental to the
public welfare or injurious to other properties in the vicinity.
Staff’s Comments. The application submittals include Exception requests for the subdivision street
standards identified above. These Exception requests have been reviewed and received support from
the City Engineer and/or the Fire Chief, in part as the project’s Alternative Means of Fire Suppression,
where the proposed site and building have been designed to mitigate potential safety impacts resulting
from these subdivision street Exceptions. Elements of the Alternative Means of Fire Suppression
include fire hydrants and adequate water mains to the project site, fire sprinklers throughout the
building, fire lane with less than 10% grade, ignition resistant exterior treatments, and 100’ WUI
defensible space easement area.
Chapter 3 – Minor Subdivisions (Four or Fewer Lots)
Pursuant to Chapter 15.03, divisions of land into four (4) or fewer lots or parcels, for development
purposes, require approval of a Tentative Map (Parcel Map) by the City Council. The application
submittals include a proposed Tentative Map for the project.
NEIGHBORHOOD CORRESPONDENCE
Notices of hearings for the project have been conducted in accordance with noticing requirements
contained in Chapter 29 of the Zoning Ordinance. A Notice of Public Hearing was mailed to all property
owners and occupants within a 300-foot radius of the subject site, the appropriate neighborhood groups
(the Downtown BID, the Lincoln – San Rafael Hill Neighborhood Association, San Rafael Heritage and
the Federation of San Rafael Neighborhoods), and all other interested parties, 15 calendar days prior to
the date of all meetings, including this hearing. Additionally, notice was posted on the project site at
both the western and eastern driveways along the Mission Avenue frontages.
Planning staff has received five (5) public comments, from the Federation of San Rafael Neighborhoods
(Federation), the Lincoln – San Rafael Hill Neighborhood Association (LSRHNA), the Marin
Conservation League (MCL), the Greenbelt Alliance, and Seagate Properties (Exhibit 10).
The Federation’s comments were provided early on in the review of the project, at the time that the
project was initially submitted as a formal application and prior to any revisions to the project design.
The Federation expressed the following concerns:
• The proposed building architecture is uninspired and lacks adequate context with that of the
adjacent known cultural resources, Falkirk Cultural Center and Boyd Gatehouse;
• The proposed, 6-story, building height is out of scale (massing) with adjacent structures (Elks
Lodge, Falkirk Cultural Center and Boyd Gatehouse), which are predominantly 3-story structures;
• The proposed site design is not adequately pedestrian and bicycle friendly, given the site’s
proximity to the Downtown;
• The proposed site design lacks adequate usable outdoor recreational areas/amenities given its lack
of direct connection to the adjacent Boyd Park;
• Concern that converting the entire frontage of the Elks Lodge into a parking lot is ‘good’ site design;
and
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• Concern for the adequacy of on-site parking for both the proposed residential use and the existing
non-residential, Elks Lodge, use.
• The applicant subsequently made a presentation to the Federation June 15th and no further or
additional comments have been received to date.
Both the Greenbelt Alliance and Seagate Properties expressed unqualified support for the project as
promoting a pedestrian-oriented, infill development, which is easily walkable to the Downtown and
public transit opportunities, and which provides affordable rental housing (though the Greenbelt
Alliance would prefer to see the project increase its ‘affordability’ from 10% to 15 – 20%).
The LSRHNA expressed qualified support for the project given that it is an in fill housing near
Downtown, as follows:
• The Association identified two major premises guiding their comments. The first is that this project
is essentially a good fit with the stated goals of General Plan 2020, calling for infill and the creation
of a pedestrian friendly project close to downtown. The second was that the site is under-utilized
and the proposed complex could add to the vibrancy of downtown.
• Pedestrian and vehicular safety have not been adequately reviewed or mitigated, particularly
vehicular traffic exiting left from the western driveway and merging with eastbound traffic flows;
• The proposed widened western driveway needs further refinement, particularly the 5’-wide pathway
and the landscaping proposed along the western elevation shared with Falkirk Cultural Center
which unnecessarily blocks views of Falkirk from on- and off-site;
• Inadequacy of usable outdoor recreation areas and amenities; greater effort is needed to make the
private recreational amenities provided by the Elks Lodge and the public amenities provided by both
Falkirk Cultural Center and Boyd Park accessible to new residents. Specifically, a paved pathway
should be constructed to Falkirk immediately south of the existing maintenance shed, located
immediately west of the new building entrance. The existing asphalt pathway, located immediately
east of the new building, should be improved and extended to Boyd Park. And, limited
memberships to the Elks Lodge facilities should be create for the new residents;
• The proposed building architecture does not enhance or identify with the site; improvements in the
building design should be made without impacting the proposed footprint of the project. Specifically,
the proposed alternating exterior façade textures makes the building appear sectioned and lacking
a sense of unity while providing no relief from massing. A greater sense of building entrance is
needed, such as a columned portico. Adding the crosshatching detailing from the Elks Lodge would
create improved visual continuity between the adjacent structures. Greater window treatments are
needed as relief from the stacking of windows. Balconies should be larger, more meaningful;
• The project should be designed to meet LEEDS ‘silver’ standard. The design of the project should
include permeable pavers, solar siting for possible future solar installation, the use of renewable or
recycled construction materials, native plant species, ‘green waste’ disposal systems and ‘grey
water’ collections systems for landscape irrigation needs, and liberal use of bio-swales to maintain
adequate storm water drainage flows from the site into the City’s system;
• Uncouple use of the garage parking spaces from the new units and rent these separately to
residents in order to encourage residents to use mass transit and to acknowledge those new
residents who may not own motor vehicles; and
• The relocated Elks Lodge events parking lot should provide some type of shared parking
arrangement for users of Boyd Park since the lack of direct parking is the primary reason this public
amenity is so underused.
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MCL also expressed qualified support for the project, as follows:
• They supported Downtown housing.
• The proposed 57’ building height is out of scale with those of the historic resources in the vicinity of
the project site; and
• Safe vehicular and pedestrian access to and from the development needs to be adequately
provided by the project.
CONCLUSION
Planning staff believe the project site is a particularly difficult site for redevelopment, primarily due to
‘bowl’-like, physical constraints; the project site is a narrow though deep parking lot, which effectively
limits much of its redevelopment to the vertical space. However, these physical constraints also provide
opportunities for screening the project site from public view. The proposed project is further challenged
by its close proximity to historic resources. The application submittals include an historic resource
evaluation, which concluded that the project design (building mass, roof form, architecture, detailing,
and exterior finishes and colors; elimination for eastern driveway entrance; widening of the western
driveway; and relocation of the Elks Lodge events parking lot) adequately respect, and do not
negatively impact, these surrounding historic resources (Planning staff is peer reviewing both the visual
simulations and the mitigation measure proposed by the applicant and supported by the historic
resource evaluation for the removal of the “Carriage House’, a historic resource). Planning staff
supports the proposed project design and the various Variance and Exception requests, as promoting
infill housing, which is easily walkable to the Downtown and public transit opportunities on a site that
has been identified in the General Plan as a ‘future multifamily residential housing site’. Staff requests
the Board provide direction on the points specified in the Summary section of this report. Staff also
requests that the Board provide additional comments that would improve the site and building design of
the proposed project.
EXHIBITS
1. Vicinity Map
2. Project Description submitted by applicant
3. Letter from Applicant Submitting Formal Submittal and Identifying changes to project since
conceptual review, with site plan showing reduced footprint, March 4, 2011
4. Conceptual Design Review Board Minutes, dated April 7, 2009
5. Neighborhood Meeting Minutes, dated May 25, 2011
6. Park and Recreation Committee Meeting Minutes, dated June 16, 2011
7. Historic Resource Evaluation, dated May 17, 2011
8. Visual Simulations
9. Balloon Key and Methodology
10. Public Comment Letters and Emails
Full-sized plans and color visual simulations have been provided to the DRB members only.
cc: Keith Bloom; Thompson Dorfman Partners, LLC; 39 Forrest St. #201; Mill Valley, CA 94941
San Rafael Elks Lodge No. 1108; P.O. Box 150789; San Rafael, CA 94915-0789
Federation of San Rafael Neighborhoods; P.O. Box 151485; San Rafael, CA 94915-1485
Kay Karchevski; Lincoln – San Rafael Hill Neighborhood Association; 42 Hillcrest Dr.; San
Rafael, CA 94901
Hugo Landecker; San Rafael Heritage; 127 San Rafael Avenue; San Rafael, CA 94901