HomeMy WebLinkAboutPlanning Commission 2019-04-23 Agenda Packet
AGENDA
SAN RAFAEL PLANNING COMMISSION
REGULAR MEETING
TUESDAY, April 23, 2019, 7:00 P.M.
COUNCIL CHAMBERS, CITY HALL, 1400 FIFTH AVENUE
SAN RAFAEL, CALIFORNIA
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accessible formats upon request.
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Any records relating to an agenda item, received by a majority or more of the Agency Board less than 72 hours before the meeting, shall be available for inspection in the Community Development
Department, Third Floor, 1400 Fifth Avenue, and placed with other agenda-related materials on the table in front of the Council Chamber prior to the meeting.
THE PLANNING COMMISSION WILL TAKE UP NO NEW BUSINESS AFTER 11:00 P .M. AT REGULARLY SCHEDULED MEETINGS. THIS SHALL BE INTERPRETED TO MEAN THAT NO
AGENDA ITEM OR OTHER BUSINESS WILL BE DISCUSSED OR ACTED UPON AFTER THE AGENDA ITEM UNDER CONSIDERATION AT 11:00 P.M. THE COMMISSION MAY SUSPEND
THIS RULE TO DISCUSS AND/OR ACT UPON ANY ADDITIONAL AGENDA ITEM(S) DEEMED APPROPRIATE BY A UNANIMOUS VOTE OF THE MEMBERS PRESENT.APPEAL RIGHTS: ANY
PERSON MAY FILE AN APPEAL OF THE PLANNING COMMISSION'S ACTION ON AGENDA ITEMS WITHIN FIVE BUSINESS DAYS (NORMALLY 5:00 P.M. ON THE FOLLOWING TUESDAY)
AND WITHIN 10 CALENDAR DAYS OF AN ACTION ON A SUBDIVISION. AN APPEAL LETTER SHALL BE FILED WITH THE CITY CLERK, ALONG WITH AN APPEAL FEE OF $350 (FOR NON-
APPLICANTS) OR A $4,476 DEPOSIT (FOR APPLICANTS) MADE PAYABLE TO THE CITY OF SAN RAFAEL, AND SHALL SET FORTH THE BASIS FOR AP PEAL. THERE IS A $50.00
ADDITIONAL CHARGE FOR REQUEST FOR CONTINUATION OF AN APPEAL BY APPELLANT.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
RECORDING OF MEMBERS PRESENT AND ABSENT
APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS
PUBLIC NOTIFICATION OF MEETING PROCEDURES
URGENT COMMUNICATION
Anyone with an urgent communication on a topic not on the agenda may address the Commission at this time. Please notify the
Community Development Director in advance.
CONSENT CALENDAR
1. Minutes, 3/26/19
2. 1200 Irwin St. (“Dominican Townhomes”) – Appeal of Planning staff’s December 7, 2018 denial without prejudice
of an Environmental and Design Review Permit (ED17-073) proposing to legalize and modify miscellaneous design
changes incorporated into an existing approved, constructed and occupied 15-unit multifamily residential
development; APN: 011-013-05; Multifamily Residential – Medium Density (MR2) District; 524 Mission Street, LLC,
owner; Casey Clements for Thompson Development, Inc., applicant and appellant; File No.: AP18-004 and ED17-
073. Project Planner: Steve Stafford
***THIS IS A CONTINUATION OF THE PLANNING COMMISSION HEARING HELD ON MARCH 12, 2019***
PUBLIC HEARING
3. 1201 Fifth Ave - Request for Use Permit and Environmental and Design Review for a new 54 -foot high, 140-
room hotel building with parking and other associated guest amenities located on a 28,719 square foot lot; APN:
011-212-03; Fifth/Mission Residential/Office (5/M R/O) District; 1201 5th LLC, owners/applicant; File No(s).:
UP18-045/ED18-106. Project Planner: Alicia Giudice
4. General Plan 2040 and Downtown Precise Plan. The City of San Rafael (City) will prepare an Environmental
Impact Report (EIR) for the San Rafael General Plan 2040 and Downtown Precise Plan (proposed project) and
will hold a public meeting to receive comments on the scope of the EIR, as detailed below. Pursuant to the
California Environmental Quality Act (CEQA) Guidelines Section 15206, the proposed project is considered a
project of statewide, regional, or areawide significance. The City, acting as the Lead Agency, determined that the
proposed project could result in potentially significant environmental impacts and an EIR is required. The City will
prepare a Programmatic-Level EIR to address the potential environmental impacts associated with the project at
a programmatic level consistent with CEQA Guidelines Section 15168. The program -level EIR will evaluate the
project for potential impacts on the environment and analyze the proposed policies to determine the potential
environmental consequences of future change. An evaluation of project alternatives that could reduce significant
impacts will also be included. Project Planner: Barry Miller
DISCUSSION
5. Update on General Plan 2040
DIRECTOR’S REPORT
COMMISSION COMMUNICATION
ADJOURNMENT
I. Next Meeting: May 14, 2019
II. II. I, Anne Derrick, hereby certify that on Friday, April 19, 2019, I posted a notice of the April 23, 2019 Planning
Commission meeting on the City of San Rafael Agenda Board.
In the Council Chambers of the City of San Rafael, March 26, 2019
Regular Meeting
San Rafael Design Review Board Minutes
For a complete video of this meeting, go to http://www.cityofsanrafael.org/meetings.
CALL TO ORDER
Present: Jack Robertson
Barrett Schaefer
Aldo Mercado
Berenice Davidson
Mark Lubamersky
Jeff Schoppert
Absent: Sarah Loughran
Also Present: Raffi Boloyan, Planning Manager
Caron Parker, Associate Planner
PLEDGE OF ALLEGIANCE
RECORDING OF MEMBERS PRESENT AND ABSENT
APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS
PUBLIC NOTIFICATION OF MEETING PROCEDURES
URGENT COMMUNICATION
CONSENT CALENDAR
1. Minutes, March 12, 2019
Jack Robertson moved and Mark Lubamersky seconded to approve Minutes as presented. The vote is
as follows: (Note: Commissioner Schaefer arrived at 7:10 pm was not present to vote on the Minutes)
AYES: Jack Robertson, Aldo Mercado, Berenice Davidson, Mark Lubamersky, Jeff Schoppert
NOES: None
ABSTAIN: None
ABSENT: Barrett Schaefer, Sarah Loughran
PUBLIC HEARING
2. 4000 Civic Center – Request for Use Permit Amendment to UP03-028 to allow a reduction
in the parking requirement and allow the conversion of 38,190 sq.ft. of existing office
space to medical office use. No change in building square footage or number of parking
stalls is proposed. APN: 180-124-13 and 180-124-16; Office (O) Zoning District; Theresa
Krueger, PSAI Realty, Applicant; SFF MEC LLC, Owner; UP18-038. Project Planner:
Caron Parker
Staff Report
Barrett Schaefer moved and Berenice Davidson seconded to adopt Resolution approving the project with
conditions. The vote is as follows:
AYES: Jack Robertson, Barrett Schaefer, Aldo Mercado, Berenice Davidson, Mark
Lubamersky, Jeff Schoppert
NOES: None
ABSTAIN: None
ABSENT: Sarah Loughran
DIRECTOR’S REPORT
COMMISSION COMMUNICATION
ADJOURNMENT
___________________________________
ANNE DERRICK, Administrative Assistant III
APPROVED THIS _____DAY OF_______, 2019
_____________________________________
Jeff Schoppert, Vice-Chair
Community Development Department – Planning Division
Meeting Date: April 23, 2019
Agenda Item:
Case Numbers:
AP18-004; ED17-073
Project Planner:
Steve Stafford –
(415) 458-5048
REPORT TO PLANNING COMMISSION
SUBJECT: 1200 Irwin St. (“Dominican Townhomes”) – Appeal of Planning staff’s December 7,
2018 denial without prejudice of an Environmental and Design Review Permit (ED17-073) proposing
to legalize and modify miscellaneous design changes incorporated into an existing approved,
constructed and occupied 15-unit multifamily residential development; APN: 011-013-05; Multifamily
Residential – Medium Density (MR2) District Zone; Casey Clements for Thompson Development,
Inc., applicant and appellant; 524 Mission Street, LLC, owner; File No.: AP18-004 and ED17-073.
***Continued from the March 12, 2019 Planning Commission Hearing***
EXECUTIVE SUMMARY
On March 12, 2019, the Planning Commission (Commission) reviewed an appeal of staff’s denial to
legalize design changes to an existing approved, constructed and occupied 15-unit, multifamily residential
development located at 1200 Irwin St. (‘Dominican Townhomes’). At their hearing, the Commission elected
to continue their review to allow the owner/applicant/appellant and staff an opportunity to work towards
resolution on four (4) outstanding issues, including trash enclosure, wainscot building base, driveway and
motor court paving, and entry trellis structures. Staff and the owner/applicant/appellant have agreed to
resolutions on each of these outstanding issues and staff now supports granting the appeal and overturning
the staff denial of the proposed design changes, as revised. The attached resolution (Exhibit 2) includes
conditions of approval (see Conditions No. 2 and 4) with milestones or deadlines in which the
owner/applicant/appellant must obtain building permit issuance for all design changes and bring the site
into compliance.
RECOMMENDATION
It is recommended that the Planning Commission adopt the attached draft Resolution, granting the appeal
(AP18-004) and overturning the December 7, 2018 staff denial of an Environmental and Design Review
Permit (ED17-073) proposing to legalize miscellaneous design changes incorporated into an existing
approved, constructed and occupied 15-unit multifamily residential development, located at 1200 Irwin St.
(Exhibit 1).
BACKGROUND
The project was approved in 2007 and the entitlements were extended through several time extensions.
Design changes were requested by the owner/applicant in 2015 and approved by staff with the
recommendation of the Design Review Board (Board) in order to help make the project more efficient to
construct. In 2016, building and grading permits were issued for the project. During construction of the
project, staff notified the owner/applicant that additional design changes were incorporated without
approval and inconsistent with the building permit. In 2017, construction of the project was completed with
the ‘as-built’ design changes and the owner/applicant submitted an Environmental and Design Review
Permit (ED17-073) to legalize these additional design changes. Dominican University of California
REPORT TO PLANNING COMMISSION - Case No: AP18-004; ED17-073 Page 2
(Dominican University) subsequently leased the project and a TCO (Temporary Conditional Occupancy)
was quickly issued to allow occupancy for the Fall 2017 academic term.
In October 2017, staff referred the ‘as-built’ design changes to the Board for review. At that meeting, the
Board continued their review though indicated that they generally did not support legalizing the additional
design changes because it did not meet the original design quality of the project. After more than one (1)
year of inaction by the owner/applicant, staff scheduled the project to return to the Board for follow-up
review and recommendations. In December 2018, the Board determined the applicant’s efforts to resolve
the outstanding design issues lacked sincerity to address the lack of design quality and unanimously (5-0
vote) recommended denial of the project. Staff subsequently denied the proposed legalization of these ‘as-
built’ design changes, without prejudice, based on the recommendation of the Board.
The owner/applicant subsequently appealed staff’s denial of the proposed design changes to the Planning
Commission (Commission), citing the project “substantially conforms to the design intent” of the approved
design. On March 12, 2019, the Commission continued their review of the appeal to allow the
owner/applicant/appellant and staff an opportunity to work towards resolution on the four (4) outstanding
issues, including trash enclosure, wainscot building base, driveway and motor court paving, and entry
trellis structures. Staff and the owner/applicant/appellant have agreed to resolutions on each of these
outstanding issues.
ANALYSIS
Commission’s Continued Review of Appeal
On March 12, 2019, the Commission reviewed an appeal of the staff denial to legalize design changes to
an existing approved, constructed and occupied 15-unit, multifamily residential development located at the
subject site (‘Dominican Townhomes’). At their hearing, the Commission unanimously elected to continue
their review to allow the owner/applicant/appellant and staff an opportunity to work towards resolution on
four (4) outstanding issues, including trash enclosure, wainscot building base, driveway and motor court
paving, and entry trellis structures.
Staff and the owner/applicant/appellant have agreed to resolutions on each of these outstanding issues
and staff now supports granting the appeal and overturning the staff denial of the proposed design
changes, as revised:
Trash Enclosure
The approved project design included three (3) required ‘guest’ parallel parking spaces located along the
north property line, where the driveway entrance and the motor court areas meet. The
owner/applicant/appellant originally proposed to legalize the conversion of one (1) of these three (3)
existing ‘guest’ parking spaces to a trash enclosure providing common refuse collection service. The site
currently relies on an unscreened dumpster for trash pick -up. The owner/applicant/appellant proposed a
trash enclosure structure, 112 sq. ft. (8’ x 14’) in area, comprised of 6’-tall wood ‘privacy’ fencing to match
the design of the adjacent rear fence. Planning staff, with the recommendation of the Board, supported
the elimination of the guest parking space, subject to the design of the trash enclosure matching the same
high-quality exterior finishes (color and materials) as the residential buildings on the site (stucco and/or
shingle siding painted to match with composition fiberglass roof shingles).
Staff Response. The owner/applicant/appellant has coordinated with the collection service provider, Marin
Sanitary Service, and determined a communal debris bin is unnecessary for the site. The current debris
bin will be removed in lieu of individual carts (landfill, recycling and composting) for each of the 15 units.
Tenants of each unit will be responsible for storing their carts in their garages and transporting their carts
to and from the Irwin St. curb face for service on their scheduled service day.
REPORT TO PLANNING COMMISSION - Case No: AP18-004; ED17-073 Page 3
Wainscoting of Building Base
The approved project design included textured cement plaster or “dash finish” stucco wainscot along the
base of each building with scored into 2’ x 4’ sections and separated from the fiber cement shingles by a
beveled wood transition band. The owner/applicant/appellant originally proposed to legalize the installation
of 2’ x 4’ HardiePanel fiber cement siding panels in stucco pattern with each panel framed in wood 2” x 2”
trim. Planning staff, with the recommendation of the Board, required stucco texturing of the building base
and the elimination of the wood trim framing. More importantly, staff and the Board required appropriate
‘build up’ of the building base prior to stucco skim coating.
Staff Response. The owner/applicant/appellant has provided a resubmittal package, dated March 22,
2019 (Exhibit 3), which includes a typical detail, showing the proposed build up of the building base and
stucco skim coating. In addition, the owner/applicant/appellant has also created a large mockup of the
proposed wainscot treatment along the Green Way frontage to assist the Commission and staff get a better
sense of how the wainscot improvements will look like (see Exhibit 3, Exhibit D). These are not consistent;
the typical detail shows an additional ½” buildup of the wainscot base. The owner/applicant/appellant has
indicated that buildup of the wainscot base will result in water intrusion behind the stucco layer and a
waterproofing maintenance issue in the future. Under these circumstances, staff has agreed to accept the
stucco skim coating (Dryvit “Stone Gray” with a “Quarzputz” finish) without the additional buildup of the
wainscot building base.
Driveway/Motor Court Paving
The approved project design included colored and textured paving for the entire driveway and throughout
a bulk of the interior motor court area. The owner/applicant/appellant proposed to reduce the paving
retreatment to a small portion (approx. 20’ x 25’ in size). Planning staff, with the recommendation of the
Board, required a greater extent of colored and textured pavement treatment throughout the driveway and
motor court.
Staff Response. The owner/applicant/appellant has agreed to the satisfaction of staff to extend the colored
and textured pavement treatment the full length of the driveway (approx. 20’ x 70’ in size). The driveway
is proposed to be converted to a herringbone-stamped pattern, painted red, with stacked brick borders.
The interior motor court area would remain ‘as is’ and would be legalized a standard asphalt paving.
Entry Trellises
The approved project design included freestanding wood trellises, approx.25 sq. ft. (5’ x 5’) in size and
painted dark green in color, located on the staircases at the upper landings to the unit entrances. The
owner/applicant/appellant proposed to reduce the size of the trellis structures to approx..10 sq. ft. (2’ x 5’)
in size and relocate these directly to the face of the building above the unit entrances. Staff, with the
recommendation of the Board, required the freestanding trellis structures to be constructed as approved.
Staff Response. The owner/applicant/appellant has agreed to the satisfaction of staff to construct
freestanding trellis structures located on the staircases at the upper landings to the unit entrances. The
trellis structures are proposed to slightly larger (25 sq. ft. +) in size and constructed with the same high-
quality details and dark green color as originally approved. These trellis structures are important to help
reduce the perceived visual bulk/mass of the project.
NEIGHBORHOOD MEETING / CORRESPONDENCE
Though the Commission continued their review of the appeal to a date certain, staff updated the existing
notice boards located at the Mission Ave., Grand Ave. and Green Way frontages with the new hearing
date, a minimum of 15 calendar days prior to this hearing.
At the time of printing staff’s report, no comments have been received as a result of th e updated notice
boards.
REPORT TO PLANNING COMMISSION - Case No: AP18-004; ED17-073 Page 4
OPTIONS
The Planning Commission has the following options:
1. Adopt the resolution granting the appeal (AP18-004) and overturning Planning staff’s December 7,
2018 denial of an Environmental and Design Review Permit (ED17-073) with the revisions, as
agreed upon (staff’s recommendation).
2. Deny the appeal and uphold staff’s denial of the project and the Board’s recommendation, without
prejudice, and direct staff to return with a revised resolution,
3. Continue the matter to allow the owner/applicant/appellant and/or staff to address any comments
or concerns of the Planning Commission.
EXHIBITS
1. Vicinity/Location Map
2. Draft Resolution, Granting the Appeal and Overturning Staff’s Denial Without Prejudice
3. Owner’s/Applicant’s/Appellant’s 3/22/19 Resubmittal Package with Exhibits
cc. Casey Clements – Thompson Development, Inc.; 250 Bel Marin Keys, Bldg. A; Novato, CA
94949
524 Mission Street. LLC – 250 Bel Marin Keys, Bldg. A; Novato, CA 94949
Exhibit 2
File Nos. AP18-004 & ED17-073 1
RESOLUTION NO. 19-
RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION GRANTING AN APPEAL
(AP18-004) AND OVERTURNING THE DECEMBER 7, 2018 STAFF DENIAL OF AN
ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED17-073) PROPOSING TO LEGALIZE
AND MODIFY MISCELLANEOUS DESIGN CHANGES INCORPORATED INTO AN EXISTING
APPROVED, CONSTRUCTED AND OCCUPIED 15-UNIT MULTIFAMILY RESIDENTIAL
DEVELOPMENT (“DOMINICAN TOWNHOMES”), LOCATED AT 1200 IRWIN ST.
(APN: 011-013-05)
WHEREAS, on July 16, 2007, the City Council conditionally approved the
redevelopment of 1200 Irwin St., through the following actions:
• Rezoning (ZC06-002) the site from MR2.5 to MR2 to allow for higher density proposed
by the project; and
• Environmental and Design Review Permit (ED06-024) and Tentative Map (TS06-001) to
demolish the existing residences, which have been determined to be ‘cultural resources’
under CEQA, and to construct 15, ‘carriage house’ attached townhome condominium
units (13 ‘market-rate’ units and 2 ‘affordable’ units at low-income housing levels) within
three buildings and associated parking and landscape improvements; and
WHEREAS, the State legislature subsequently approved a series of one- and two-year
automatic time extensions on all subdivision map approvals for which the City also automatically
extends all Planning approvals related to the State-approved map extensions, for which the
project approvals were set to expire on July 16, 2016; and
WHEREAS, in 2015, the site and these entitlements came under new ownership, who
remains the current owner of the site; and
WHEREAS, on July 7, 2015, Planning staff, with the recommendation of the Board,
approved certain design changes (Environmental and Design Review Permit ED15-017)
requested by the new owner in order to make the project easier to construct and more cost-
effective; and
WHEREAS, on July 18, 2016, a building permit was issued for the construction of the
new 15-unit townhome. The project was subsequently constructed and during construction, City
building inspectors informed the contractor/owner of inconsistencies with building materials and
other exterior design features that were not in accordance with the approved building permit
plans, and approved Design Review; and
WHEREAS, in August 2017, the construction was completed, and the owner/contractor
requested a temporary occupancy, while seeking to finalize their request to legalize the design
changes and their need to meet lease obligations with Dominican University who had leased
the units for as independent student housing; and
WHEREAS, on September 5, 2017, the owner/applicant submitted an application for an
Environmental and Design Review Permit (ED17-073) to request legalization of the additional
changes to the project design that were installed during construction without the required prior
approval from the City, including 1) Deviations from the approved exterior colors and materials;
2) Deviations to the approved finishes of the driveway and motor court; 3) Deviations to the
approved design, size and location of wood trellis features; and 4) Conversion of one (1)
Exhibit 2
File Nos. AP18-004 & ED17-073 2
required and approved guest parking space to a common trash enclosure; and
WHEREAS, on October 17, 2017, the San Rafael Design Review Board (Board)
(Commissioner Paul as Planning Commission Liaison) held a duly-noticed public hearing on
Environmental and Design Review Permit ED17-073, accepting all oral and written public
testimony and the written report of Planning staff, and continued their review to a date uncertain
to allow staff to work with the applicant to help meet the original design quality of the project.
Specifically, the Board provided the following recommendations:
• The project should incorporate the approved colors and materials;
• The design quality of the wainscot needs to be improved, including building-up the
thickness so that it projects further out from the exterior wall plane the same as shingle
façade, greater texturing and elimination of the trim boarding;
• The asphalt driveway entry and motor court should be stamped and colored as
approved;
• The entry trellises to individual units need to be constructed as approved;
• The project shall include a new trash enclosure which should match the approved colors
and materials of the buildings; and
• The site lighting needs follow-up from staff to either reduce the lighting levels and/or
shield the light fixtures; and
WHEREAS, on October 1, 2018, after a year of inactivity and at the urging of
Community Development Department staff, the applicant resubmitted the project for re-review
by the Board; and
WHEREAS, on December 4, 2018, the Board held a duly-noticed public hearing to
continue their review on resubmitted Environmental and Design Review Permit (ED17-073),
accepting all oral and written public testimony and the written report of Planning staff, and
unanimously (5-0 vote; Commissioner Schaeffer as PC Liaison) recommended denial of the
proposed design changes, without prejudice, due to the inadequacy of the resubmittal in
responding to the Board’s prior recommendations of wanting to preserve the project’s original
approved high-quality design; and
WHEREAS, on December 4, 2018, the Board also reviewed a request for continuance
from the owner/applicant, citing a scheduling conflict and illness, for which the Board
recommended denial of the design changes proposed by Environmental and Design Review
Permit ED17-073, without prejudice, and without acting on the request for continuance; and
WHEREAS, on December 7, 2018, staff administratively denied Environmental and
Design Review Permit (ED17-073), without prejudice, denying the application based on the
recommendation of the Board that the design changes did not meet the design quality of the
approved project and finding project was inconsistent with the applicable General Plan policies,
residential design guidelines, and review criteria for Environmental and Design Review Permits:
and
WHEREAS, on December 14, 2018, the owner/applicant filed an appeal of staff’s denial
of the design changes proposed by Environmental and Design Review Permit (ED17-073),
citing the project “substantially conforms to the design intent” of the approved design; and
WHEREAS, on March 12, 2019, the San Rafael Planning Commission (Planning
Commission) held a duly noticed appeal hearing to consider the Appeal (AP18-004), accepted
and considered all oral and written public testimony and the written report of Planning staff. On
Exhibit 2
File Nos. AP18-004 & ED17-073 3
a motion made by Commission Robertson and seconded by Commissioner Lubamersky, the
Commission unanimously continued their review to a date certain to allow the
owner/applicant/appellant and staff a final opportunity to work towards resolution on four (4)
outstanding issues, including: 1) trash enclosure; 2) wainscot building base; 3) driveway and
motor court paving; and 4) entry trellis structures; and
WHEREAS, the owner/applicant/appellant and staff have met and agreed to resolutions
on each of these outstanding issues and staff now supports granting the appeal and
overturning staff’s denial of Environmental and Design Review Permit (ED17-073), with the
revisions now proposed by the owner/applicant/appellant; and
WHEREAS, on April 23, 2019, the Planning Commission continued their appeal hearing
to consider the Appeal (AP18-004), accepted and considered all oral and written public
testimony and the written report of Planning staff; and
WHEREAS, the custodian of documents which constitute the record of proceedings
upon which this decision is based is the Community Development Department; and
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission hereby grants
the Appeal (AP18-004) and overturns the December 7, 2018 staff decision denying, without
prejudice, the design changes requested by Environmental and Design Review Permit (ED17-
073). The Planning Commission finds and determines that, since the owner/applicant/appellant
and staff have agreed to resolutions on each of the four (4) outstanding issues and staff now
supports granting the appeal, the design changes with the agreed upon revisions “substantially
conforms to the design intent” of the approved project design. The Commission further finds
and determines that the design changes with the agreed upon revisions (in bold) meets the
design quality of the approved project, as recommended by the Board:
Trash Enclosure
The approved project design included three (3) required ‘guest’ parallel parking spaces
located along the north property line, where the driveway entrance and the motor court
areas meet. The owner/applicant/appellant originally proposed to legalize the conversion
of one (1) of these three (3) existing ‘guest’ parking spaces to a trash enclosure
providing common refuse collection service. The site currently relies on an unscreened
dumpster for trash pick-up. The owner/applicant/appellant proposed a trash enclosure
structure, 112 sq. ft. (8’ x 14’) in area, comprised of 6’-tall wood ‘privacy’ fencing to
match the design of the adjacent rear fence. Planning staff, with the recommendation of
the Board, supported the elimination of the guest parking space, subject to the design of
the trash enclosure matching the same high-quality exterior finishes (color and
materials) as the residential buildings on the site (stucco and/or shingle siding painted to
match with composition fiberglass roof shingles).
The Planning Commission finds that the owner/applicant/appellant has coordinated with
the collection service provider, Marin Sanitary Service, and determined a communal
debris bin is unnecessary for the site. The current debris bin will be removed in lieu of
individual carts (landfill, recycling and composting) for each of the 15 units. Tenants of
each unit will be responsible for storing their carts in their garages and transporting their
carts to and from the Irwin St. curb face for service on their scheduled service day.
Wainscoting of Building Base
The approved project design included textured cement plaster or “dash finish” stucco
wainscot along the base of each building with scored into 2’ x 4’ sections and separated
Exhibit 2
File Nos. AP18-004 & ED17-073 4
from the fiber cement shingles by a beveled wood transition band. The
owner/applicant/appellant originally proposed to legalize the installation of 2’ x 4’
HardiePanel fiber cement siding panels in stucco pattern with each panel framed in
wood 2” x 2” trim. Planning staff, with the recommendation of the Board, required stucco
texturing of the building base and the elimination of the wood trim framing. More
importantly, staff and the Board required appropriate ‘build up’ of the building base prior
to stucco skim coating.
The Planning Commission finds that that the owner/applicant/appellant has agreed to
the satisfaction of staff to skim coat stucco treatment (Dryvit “Stone Gray” with a
“Quarzputz” finish) without buildup of the wainscot building base. The resubmittals
include a typical detail of the proposed improvements to the building wainscoting, which
include both a buildup of the building base so that the stucco projects, at least, to the
same the exterior wall plane as the fiber cement shingle siding. The
owner/applicant/appellant has also created a large mockup of the proposed wainscot
treatment along the Green Way frontage to assist the Commission and staff get a better
sense of how the wainscot improvements will look like. These are not consistent; the
typical detail shows an additional ½” buildup of the wainscot base. The
owner/applicant/appellant has indicated that buildup of the wainscot base will result in
water intrusion behind the stucco layer and create a waterproofing maintenance issue in
the future. Under these circumstances, staff has agreed to accept the stucco skim
coating without the additional buildup of the wainscot building base
Driveway/Motor Court Paving
The approved project design included colored and textured paving for the entire
driveway and throughout a bulk of the interior motor court area. The
owner/applicant/appellant proposed to reduce the paving retreatment to a small portion
(approx. 20’ x 25’ in size). Planning staff, with the recommendation of the Board,
required a greater extent of colored and textured pavement treatment throughout the
driveway and motor court.
The Planning Commission finds that the owner/applicant/appellant has agreed to the
satisfaction of staff to extend the colored and textured pavement treatment the full
length of the driveway (approx. 20’ x 70’ in size). The driveway is proposed to be
converted to a herringbone-stamped pattern, painted red, with stacked brick borders.
The interior motor court area would remain ‘as is’ and would be legalized a standard
asphalt paving.
Entry Trellises
The approved project design included freestanding wood trellises, approx.25 sq. ft. (5’ x
5’) in size and painted dark green in color, located on the staircases at the upper
landings to the unit entrances. The owner/applicant/appellant proposed to reduce the
size of the trellis structures to approx..10 sq. ft. (2’ x 5’) in size and relocate these
directly to the face of the building above the unit entrances. Staff, with the
recommendation of the Board, required the freestanding trellis structures to be
constructed as approved.
The Planning Commission finds that the owner/applicant/appellant has agreed to the
satisfaction of staff to construct freestanding trellis structures located on the staircases
at the upper landings to the unit entrances. The trellis structures are proposed to slightly
larger (25 sq. ft. +) in size and constructed with the same high-quality details and dark
Exhibit 2
File Nos. AP18-004 & ED17-073 5
green color as originally approved. These trellis structures are important to help reduce
the perceived visual bulk/mass of the project
BE IT FURTHER RESOLVED, that the Planning Commission grants the appeal (AP18-
004) and overturns the December 7, 2018 staff denial of Environmental and Design Review
Permit (ED17-073), proposing miscellaneous design changes with revisions as agreed upon by
the owner/applicant/appellant and staff, based on the following findings:
Environmental and Design Review Permit (ED17-073)
Findings
A. The design changes to the approved project, as revised, are in accordance with the City of
San Rafael General Plan 2020, the objectives of the Zoning Ordinance, and the purposes of
Chapter 25 of the Zoning Ordinance (Environmental and Design Review Permits), in that;
1. The project will be consistent with Community Design Policies CD-3
(Neighborhoods), CD-11a (Compatibility of Building Patterns; Multifamily Design
Guidelines) and CD-19 (Lighting) of the General Plan, in that; a) The proposed
design changes will respect the context of the existing neighborhood in the vicinity,
which includes an assortment of residential structures with high-quality site and
building design; b) The proposed design changes are compatible with the
neighborhood building patterns in the vicinity, which include detailed texturing of
exterior building materials; and c) At the October 17, 2017 Board meeting on the
project, public comments were made that the site lighting needed refinement to
reduce off-site glare, which the Board incorporated as a recommendation. The
project approval includes a lighting review period, to commence once the building
permit is finaled. This allows staff to make further refinements in the site lighting
levels and/or require shields on light fixtures within 90 days of building permit final;
and
2. The project will be consistent with the objectives of Title 14 of the San Rafael
Municipal Code (the Zoning Ordinance), in that:
As discussed in Finding #A1 above, the project will implement, support and promote,
generally, all applicable goals and policies of the San Rafael General Plan 2020 that
are intended to protect the public health, safety and welfare;
As discussed in Finding #A1 above, the project will be particularly consistent with all
applicable Community Design Policies of the General Plan; and
As discussed in Finding #A1 above, the project will promote design quality in all
aspects of development;
3. The project will be consistent with the specific purposes of Chapter 25
(Environmental and Design Review Permits) of the Zoning Ordinance, in that: the
project will promote design excellence. The owner/applicant/appellant has agreed to
the satisfaction of staff to improve the design quality of the communal sanitary
service area (eliminate), the wainscot base of the residential buildings (stucco skim-
coat), the asphalt driveway/interior motor court (colored and stamped texturing) and
the unit entries (construct freestanding trellis structures); and;
Exhibit 2
File Nos. AP18-004 & ED17-073 6
B. The design changes to the approved project, as revised, are consistent with all applicable
site, architecture and landscaping design review criteria and guidelines for the Multifamily
Residential – Medium Density (MR2) District in which the site is located, in that;
1. As discussed above. the revised design changes will be consistent with design-
related General Plan policies, including, but not limited to:
a) Community Design Policy CD-3 (Neighborhoods);
b) CD-11 (Multifamily Residential Guidelines); and
c) CD-19 (Lighting); and
2. The proposed design changes will be consistent with San Rafael Design Guidelines,
in that;
a) Lighting sources should be shielded to prevent glare and illumination beyond the
boundaries of the property. At the October 17, 2017 Board meeting on the
project, public comments were made that the site lighting needed refinement to
reduce off-site glare, which the Board incorporated as a recommendation. The
project approval includes a lighting review period, to commence once the
building permit is finaled. This allows staff to make further refinements in the site
lighting levels and/or require shields on light fixtures within 90 days of building
permit final;
b) Additions and alterations to a residential building should relate to the original
building design, including materials, and the quality of materials and detailing
should be consistent with or better than the original design. The The
owner/applicant/appellant has agreed to the satisfaction of staff to improve the
design quality of the communal sanitary service area (eliminate), the wainscot
base of the residential buildings (stucco skim-coat), the asphalt driveway/interior
motor court (colored and stamped texturing) and the unit entries (construct
freestanding trellis structures); and
3. The proposed design changes, as revised, will be consistent with the site and
architectural review criteria for Environmental and Design Review Permits, in that;
a) There should be a harmonious relationship within the development, between all
structures on the site and there should be consistent organization of materials
and a balanced relationship of design elements. The owner/applicant/appellant
has agreed to the satisfaction of staff to improve the design quality of the
communal sanitary service area (eliminate), the wainscot base of the residential
buildings (stucco skim-coat), the asphalt driveway/interior motor court (colored
and stamped texturing) and the unit entries (construct freestanding trellis
structures;
b) Design elements and approaches are encouraged to create interest in the
building elevations. Equal attention to design of all facades. High-quality building
materials are required. The owner/applicant/appellant has agreed to the
satisfaction of staff to improve the design quality of the communal sanitary
service area (eliminate), the wainscot base of the residential buildings (stucco
skim-coat), the asphalt driveway/interior motor court (colored and stamped
texturing) and the unit entries (construct freestanding trellis structures);
Exhibit 2
File Nos. AP18-004 & ED17-073 7
c) Lighting sources should be shielded to prevent glare and illumination beyond the
boundaries of the property. At the October 17, 2017 Board meeting on the
project, public comments were made that the site lighting needed refinement to
reduce off-site glare, which the Board incorporated as a recommendation. The
original project approvals included a lighting review period, to commence once
the building permit is finaled. This allows staff to make further refinements in the
site lighting levels and/or require shields on light fixtures within 90 days of
building permit final; and
d) Additions and alterations to a residential building should relate to the original
building design, including materials, and the quality of materials and detailing
should be consistent with or better than the original design. The project has been
previously reviewed by the Board during two (2) separate, noticed meetings and,
on December 4, 2018, the Board recommended denial of the project, finding the
proposed design changes did not adequately meet the same design quality as
the approved project design; and
Lighting sources should be shielded to prevent glare and illumination beyond the
boundaries of the property. At the October 17, 2017 Board meeting on the
project, public comments were made that the site lighting needed refinement to
reduce off-site glare, which the Board incorporated as a recommendation. The
original project approvals included a lighting review period, to commence once
the building permit is finaled. This allows staff to make further refinements in the
site lighting levels and/or require shields on light fixtures within 90 days of
building permit final. The original building permit for the project has not been
finaled. Staff is unable to final the building permit for the project, or require
modifications to reduce the off -site glare on the site, until the project is
constructed consistent with the approved design; and
Additions and alterations to a residential building should relate to the original
building design, including materials, and the quality of materials and detailing
should be consistent with or better than the original design. The
owner/applicant/appellant has agreed to the satisfaction of staff to improve the
design quality of the communal sanitary service area (eliminate), the wainscot
base of the residential buildings (stucco skim-coat), the asphalt driveway/interior
motor court (colored and stamped texturing) and the unit entries (construct
freestanding trellis structures); and
C. The design changes to the approved project, as revised, will minimize potential adverse
environmental impacts; in that; the owner/applicant/appellant has agreed to the satisfaction
of staff to improve the design quality of the communal sanitary service area (eliminate), the
wainscot base of the residential buildings (stucco skim-coat), the asphalt driveway/interior
motor court (colored and stamped texturing) and the unit entries (construct freestanding
trellis structures); and
D. The design changes to the approved project, as revised, will not be detrimental to the public
health, safety or welfare, nor materially injurious to properties or improvements in the
vicinity, in that: in that:; The owner/applicant/appellant has agreed to the satisfaction of staff
to improve the design quality of the communal sanitary service area (eliminate), the
wainscot base of the residential buildings (build up and stucco skim-coat), the asphalt
driveway/interior motor court (colored and stamped texturing) and the unit entries (construct
freestanding trellis structures).
Exhibit 2
File Nos. AP18-004 & ED17-073 8
California Environmental Quality Act (CEQA) Findings
The minor alteration of existing private and public structures and facilities, involving negligible or
no expansion of use beyond that existing at the time of the lead agencies determination,
including interior or exterior alternations such as those proposed by the project and revised
after agreement by the owner/applicant/appellant and staff, are categorically exempt from the
California Environmental Quality Act (CEQA), pursuant to Section 15301 (a) (Class 1: Existing
Facilities) of the CEQA Guidelines.
BE IT FURTHER RESOLVED, that the Planning Commission hereby approves
Environmental and Design Review Permit (ED17-073) and the revised design changes, as
agreed upon by the owner/applicant/appellant and staff, subject to the following conditions of
approval:
Environmental and Design Review Permit (ED17-073)
Conditions of Approval
General and On-Going
Community Development Department, Planning Division
1. The building techniques, colors, materials, elevations and appearance of the project, as
presented to the Planning Commission at their April 23, 2019 hearing, stamped “approved”
and on file with the Community Development Department, Planning Division, shall be the
same as required for issuance of all building permits, subject to these conditions. Minor
modifications or revisions to the project shall be subject to review and approval of the
Community Development Department, Planning Division. Further modifications deemed not
minor by the Community Development Director shall require review and approval by the
original decision-making body, the Planning Commission, and may require review and
recommendation by the City’s Design Review Board.
2. This Environmental and Design Review Permit approval requires the following
improvements to be made within the timelines specified below
a. Within 30 days of this approval, or May 23, 2019, submit a building permit
application, with plans and details to the Community Development Department –
Building Division, that illustrates the following modifications to be made to the
building
i. Remove the current unscreened communal debris bin to be removed and
the ‘guest’ parking space to be made available for vehicular parking It will
be the responsibility of the tenants of the individual units to manage their
sanitary service needs and requirements by obtaining individual carts
(landfill, recycling and composting), storing their carts in their garages and
transporting their carts to and from the Irwin St. curb face for service on
their scheduled service day.
ii. Texture the building base of each residential building on the site with a
skim coat of stucco in dark gray integral color (Dryvit “Stone Gray” with a
“Quarzputz” finish).
iii. Replace the current asphalt driveway along the full length of the driveway
(approx. 20’ x 70’ in size) with a herringbone-stamped pattern texturing,
Exhibit 2
File Nos. AP18-004 & ED17-073 9
painted red, with stacked brick borders. The interior motor court area may
remain ‘as is’ as standard asphalt paving. Construct freestanding trellis
structures located on the staircases at the upper landings to the unit
entrances.
b. Within 45 days of building permit submittal, the applicant/owner shall satisfy all
plan check and submittal requirements and pay for and obtain the building permit
for the work notes above in 2.a
.
c. Within 45 days of the building permit issuance, the applicant shall install the
improvements/modifications listed above in 2.a.
3. All construction activities shall comply with the City’s adopted noise limits at all times All
construction activities shall occur Mondays – Fridays, 7 a.m. – 6 p.m. and Saturdays, 9 a.m.
– 6 p.m. Any work on Sundays and federally-recognized holidays is strictly prohibited.
4. This Environmental and Design Review Permit shall run with the land and shall remain valid
regardless of any change of ownership of the project site, subject to these conditions,
provided that a building permit is issued and construction commenced and completed
within 4 months (120 days) of approval, or August 23, 2019.
5. Failure to obtain a building permit and construct the required improvements within the time
frames listed above will result in the expiration of this Environmental and Design Review
Permit and the matter will be the property owner will face penalties and administrative
hearing to obtain punitive damages and order to complete the work
Prior to Issuance of Grading/Building Permits
Community Development Department, Planning Division
6. The project sponsor, or its successor, shall pay all outstanding balances of fees due the
City in the review, approval and/or issuance of Planning and/or Building Permits for
entitlements on the project site.
Community Development Department, Building Division
7. The design and construction of all site alterations shall comply with the current editions of
the California Building Code, Plumbing Code, Electrical Code, California Mechanical Code,
California Fire Code, California Energy Code, Title 24 California Energy Efficiency
Standards, California Green Building Standards Code and City of San Rafael Ordinances
and Amendments
San Rafael Fire Department, Fire Prevention Bureau
8. The design and construction of all site alterations shall comply with the current editions of
the California Fire Code and City of San Rafael Ordinances and Amendments.
Prior to Final Occupancy
Community Development Department, Planning Division
9. Final inspection of the project by the Community Development Department, Planning
Division, is required. The applicant shall contact the Planning Division to request a final
inspection upon completion of the project. The final inspection shall require a minimum of
48-hour advance notice.
Exhibit 2
File Nos. AP18-004 & ED17-073 10
Department of Public Works
10. The project sponsor, or its successor, shall resolve all outstanding permitting issues with the
Department of Public Works prior to final occupancy.
After Occupancy
Community Development Department, Planning Division
11. Following the issuance of a Certificate of Occupancy, all new exterior lighting shall be
subject to a 90-day lighting level review period by the City to ensure that all lighting sources
provide safety for the building occupants while not creating a glare or hazard on adjacent
streets or be annoying to adjacent residents. During this lighting review period, the City
may require adjustments in the direction or intensity of the lighting, if necessary. All exterior
lighting shall include a master photoelectric cell with an automatic timer system, where the
intensity of illumination shall be turned off during daylight.
The foregoing Resolution was adopted at the regular City of San Rafael Planning Commission
meeting held on the 23rd day of April 2019.
Moved by Commissioner and seconded by Commissioner
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
SAN RAFAEL PLANNING COMMISSION
ATTEST: BY:
Paul A. Jensen, Secretary Sarah Loughran, Chair
Community Development Department – Planning Division
Meeting Date: April 23, 2019
Agenda Item:
3
Case Numbers:
UP18-045/ED18-106
Project Planner:
Ali Giudice
415-485-3092
REPORT TO PLANNING COMMISSION
SUBJECT: 1201 Fifth Avenue (AC Marriot Hotel) – Request for a Use Permit and Environmental
and Design Review Permit to allow demolition of an existing building located on a 28,719 square foot
lot and construction of a new 54-foot tall, 140-room hotel building; APNS: 011-212-03; Fifth/Mission
Residential/Office District (5/M R/O) Zoning District; 1201 Fifth Avenue, LLC, Owner /Applicant;
Downtown Neighborhood.
EXECUTIVE SUMMARY
The City has received an application for a Conditional Use Permit and Environmental and Design
Review for a hotel project for the property at 1201 Fifth Ave. The project site is currently developed
with a 10,600square foot building and associated parking. The project involves the demolition of the
existing building and construction of a 54 feet tall, 140-room hotel building and associated parking and
landscape improvements.
The project site has a land use designation of Fifth Avenue/Mission Residential/Office (5/M R/O) on the
General Plan 2020 Land Use Map and hotels are an allowable use within this designation. The General
Plan supports the development of hotels in the downtown district through General Plan Policies NH-
18a, LU-20a. and LU-12 which support development of Hotel projects with an allowed base height of
54 feet because of the identifiable economic benefits of this type of use.
The General Plan recognizes the enormous task of having to balance competing concerns and under
General Plan NH-17 identifies economic and housing development as high priorities to the health of
Downtown. The applicant has provided an economic impact analysis (Exhibit 7) by the Marin Economic
Forum. This report concludes that the project will result in over $1 million in tax revenue as well as
other direct, indirect and induced economic benefits to the downtown and to the city as whole.
The Design Review Board (Board) evaluated the design of the hotel project siting appropriateness and
compatibility with the downtown, and ultimately voted unanimously (5-0) to recommend approval of the
project design to the Planning Commission with conditions of approval. The project was also reviewed
by the Citizens Advisory Committee. The Committee submitted a letter showing support for this project
(see Exhibit 10)
Staff has evaluated the proposed project and supporting documents; General Plan policies and Zoning
regulations; technical reports, including traffic and parking study; and recommendations made by the
Design Review Board and Citizens Advisory Committee. Based on this evaluation, staff recommends
approval of this project.
REPORT TO PLANNING COMMISSION - Case No: UP18-045/ED18-106 Page
2
RECOMMENDATION
1. It is recommended that the Planning Commission Adopt a Resolution conditionally approving a
Use Permit to allow hotel within the 5/M R/O zoning district and approving a parking modification to
allow valet parking with a reduction in the overall parking requirement and conditionally approving
Environmental and Design Review for a hotel building.
PROPERTY FACTS
Address/Location: 1201 Fifth Ave. Parcel Number(s): 011-212-03
Property Size: 28,719 square feet Neighborhood: Downtown
Site Characteristics
General Plan Designation Zoning Designation Existing Land-Use
Project Site: Fifth/Mission Residential/Office 5/M R/O District Vacant office building
North: Fifth/Mission Residential/Office 5/M R/O District Office/Financial Services
South: Fourth Street Retail Core 4SRC District Residential/Retail
East: Fifth/Mission Residential/Office 5/M R/O District Office/Financial
Services
West: Fifth/Mission Residential/Office 5/M R/O District Public Parking
Site Description/Setting:
The project site is located at 1201 Fifth Ave. in Downtown San Rafael. The property is a 28,719 square
foot (0.65 acres) lot currently developed with a one-story vacant 10,600 square-foot office building,
surface parking lot and associated landscaping including mature redwood trees located along the
southwesterly corner of the property. The property has frontage on Fifth Ave. and on B St. The original
building design featured a drive through banking window, thus requiring a second access/exit driveway.
As such, vehicular access driveways are currently located on both B St. and Fifth Ave. Pedestrian
access to the existing building is currently on the Fifth Ave. frontage near the corner of Fifth and B.
The property has a slope of approximately 6% sloping from Fifth Avenue downward toward Fourth St.
(to the south). The majority of the site is covered with either the building footprint or paved portions of
the parking lot. Landscape islands provide the only source of unpaved space. The site is located within
500 feet of City Hall (including Police Department and temporary Fire Station 51 facilities). To the west
of the project site is a City Parking Lot and beyond that, the future City of San Rafael Downtown Public
Safety building (currently under construction).
The project site is located within the City of San Rafael’s downtown and approximately ½ a mile of the
City’s multi-modal (the San Rafael Transit Center and the Downtown SMART Commuter Rail Station)
transit center. Uses surrounding the site include a variety of office, retail, and food service uses as well
as City facilities mentioned above.
PROJECT DESCRIPTION
The applicant is requesting Environmental and Design Review and a Conditional Use Permit for a new
140-room hotel project as follows:
• Environmental and Design Review is required for new construction of non-residential projects.
The project qualifies as a “major project” due to the size of the building (exceeds 40% of the
existing building) and therefore requires Planning Commission consideration.
REPORT TO PLANNING COMMISSION - Case No: UP18-045/ED18-106 Page
3
• Conditional Use Permit is required to allow a hotel in the 5/M R/O zoning district. One element
of the use permit review is evaluation of the parking proposed for the project based on review
of a parking study. In addition, the applicant requests parking modification to allow tandem
parking and a valet program. Both the hotel project and the parking proposal requires Planning
Commission consideration.
The proposal includes a building that is 54-foot tall and 107,490 square feet in floor area (includes
garage). The proposed building is a L- shaped building with the legs of the “L” bordering Fifth Ave. and
B St. The first level of the building is primarily glass. A concrete base is introduced along B St. to fill in
where the lot slopes. Materials used for the upper levels is a mix of a warm colored brick wall with glass
panels for the guest rooms as well as at the base of the building along Fifth Ave. and B St. At the corner
of Fifth and B, the first floor is setback creating a covered entry.
Parking would be provided within 2 parking decks. Access to these parking decks would be from B
Street (lower parking area) and from 5th Avenue (upper parking area). Landscape plans show removal
of 8 on-site trees and 1 street tree; and installation of 8 new street trees (Chinese Pistache).
A full set of plans/drawings are on file with the Community Development Department.
ANALYSIS
San Rafael General Plan 2020 Consistency:
The site is designated as “Fifth Avenue Mission Residential/Office (5/M R/O)” on the General Plan 2020
Land Use Map and hotels are an allowable use within this designation. Design policies relevant to the
downtown are included in the General Plan 2020. A full list of General Plan Polic es can be found in
the General Plan and an evaluation of the projects consistency with applicable General Plan policies is
included in a General Plan Consistency Table (Exhibit 6). The following is list of relevant policies for the
Planning Commission to consider:
NH-18a. Hotel/Cineplex Support the development of a hotel within the downtown district.
The project is a hotel project proposed within the downtown district. The General Plan supports
the development of hotels in the downtown district because it has been identified as a use that
can enhance the retail, restaurant and entertainment venues by increasing the potential
pedestrian population within the downtown areas. As such, the project is consistent with Land
Use Policy NH-18a.
LU-12. Building Heights - Height limits in the Downtown San Rafael area are varied. The
maximum height limit for this property is 42 ft with an allowable height bonus of 12 feet with use
permit approval. However, hotels are allowed a height limit of 54-ft by right. Hotels are also
allowed an additional 12 feet of height with a height bonus request, however, the applicant is
not requesting a height bonus at this time. As such, the project is consistent with Land Use
Policy LU-12.
LU-14. Land Use Compatibility - Design new development in mixed residential and commercial
areas to minimize potential nuisance effects and to enhance their surroundings. The project was
reviewed by the Design Review Board. The Board unanimously (5-0) recommended Planning
Commission approval (see Design Review Board Section).
LU-20a. Hotel Zoning & NH-16. Economic Success - General Plan Policy LU-20a recognizes
hotels as “..a desired land use because they are a low traffic-generator and a high tax-generator,
and because they have identifiable benefits to the neighborhood such as job training programs.”
REPORT TO PLANNING COMMISSION - Case No: UP18-045/ED18-106 Page
4
General Plan Policy NH-16 calls for expansion of “..Downtown’s economic success and increase
opportunities for retail, office and residential development.” The 140-room hotel is expected to
have an 85% occupancy rate. This could potentially add an additional 119 people to the
downtown area. Hotel occupants are anticipated to frequent existing and future businesses in
the Downtown and help achieve the City’s goal of ‘alive-after-five’ by providing an opportunity to
activate the Downtown in the evenings and on weekends.
NH-17. Competing Concerns. - The General Plan recognizes the enormous task of having to
balance competing concerns related to factors such as design, environmental changes, housing,
and economics. The General Plan identifies economic and housing development as high
priorities to the health of Downtown. The applicant has provided an economic impact analysis
(Exhibit 7) by the Marin Economic Forum that summarizes the direct, indirect and induced
economic benefits that the project brings to the downtown and to the city as whole. The project
is expected to have the following economic impacts:
Business revenues projected during construction - Approximately $23 million in revenue
generated as a direct result of hotel construction, and an additional $11.1 million in revenue
that will benefit related business industries, supporting over 193 jobs during construction of
the project.
Fees and taxes collected during construction:- The project is expected to generate over $1.1
million in one-time fees and $1.4 million in taxes during construction.
Business revenues projected during operations: - Business revenues of $12.3 million will be
generated in the first year of hotel operations, while approximately $6 million will be
generated by related business industries during that same time period. Over $95 million is
expected to be generated for years 2-5 from the hotel and related industries, supporting the
creation of 107 jobs to operate the hotel.
Tax revenues projected during operations:- Operation of the hotel is expected to generate
over $10.5 million in hotel room sales in year 1 and increase incrementally as room rates
rise (by approximately 1.88%/yr.) for years 2-5. This results in over $1 million in transient
occupancy taxes for year one, rising about 2% per year for years 2-5. An additional $2.3
million is expected from state and local tax receipts in the first year and incrementally
increasing for years 2-5.
CD-5. Views. - Respect and enhance to the greatest extent possible, views of the Bay and its
islands, Bay wetlands, St. Raphael’s church bell tower, Canalfront, marinas, Mt. Tamalpais,
Marin Civic Center and hills and ridgelines from public streets, parks and publicly accessible
pathways.
The project is a 54 foot tall structure that is designed as a L-shaped building. Parking is located
within two levels of parking: one is below grade and the other is located in the rear of the property
where it is less visible from the street. Views of Mt. Tamalpais from Fifth Ave. and B St. right-
of-way near the project site are limited due to existing development. Beyond the adjacent
streets, the tip of Mt. Tam is directly visible from spot locations along B street uphill from the
project site and from Mission Ave. near its intersection with B St.. Otherwise views to Mt. Tam
are obscured from B St. and from Mission due to the existing tree canopy during the spring and
summer.
REPORT TO PLANNING COMMISSION - Case No: UP18-045/ED18-106 Page
5
As noted above under Policy NH-17, the General Plan recognizes the difficulty in balancing
competing concerns. In this case, the Planning Commission must find the right balance between
the need to address view protection outlined in Policy CD-5 with the clear economic benefits of
the project. The General Plan address this by identifying economic and housing development
as high priorities to the health of Downtown. Because this is a hotel project that has a positive
economic benefit (Exhibit 7) and is identified as a desirable use (LU-20a) staff supports the
proposed use and recommends Planning Commission approval despite minor loss of views of
Mt. Tamalpais.
Zoning Ordinance Consistency:
The site is located within the 5/M R/O zoning district. Hotels are allowable uses with prior conditional
use permit review and approval by the Planning Commission. In addition, the applicant is requesting
review of a parking modification Environmental and Design Review is also required for this project
because it would involve demolition of an existing building, substantial grading to accommodate the
below grade parking deck and construction of a new hotel building. In addition to compliance with the
General Plan Policies noted above, the applicant will need to demonstrate compliance with the San
Rafael Design Guidelines for nonresidential development and the Good Design Criteria for development
in the downtown.
Development Standards
Setbacks
The property is located in the 5/M R/O zoning district which does not have minimum setback
requirements.
FAR
The project is a hotel project and is not subject to FAR requirements, per General Plan Land Use Policy
LU-20.
Building height
As mentioned above height limits in the Downtown San Rafael area are varied and range from 30-66
feet with the exception that the property located on the corner of 4th and A, which has a maximum height
of 102 feet Hotels are recognized as a positive contribution to the downtown and thus are allowed a
base height limit of 54 feet. An additional 12 feet of height could be allowed with a request for a height
bonus, however, the applicant is not requesting a height bonus at this time.
Parking
In January 2018, the City Council received a Downtown Parking and Wayfinding report which outlined
parking capacity in the downtown. This report concluded that even during times of highest use, the
Downtown as a whole has more than enough parking to accommodate demand. The report included a
number of implementation measures geared toward reducing the base parking obligation for new
development. In addition, the report recommends additional allowances for tandem parking and other
forms of innovative parking solutions.
A parking study is required for hotel projects that include food service or meeting facilities. The ultimate
parking requirement is determined by Use Permit (see table 14.18.040). The applicant has submitted
a parking study that identifies a total of 86 parking spaces as the base parking obligation based on
parking ratios contained in SRMC Chapter 14.18 with additional reductions available for nonresidential
uses located in the downtown zoning districts. The parking obligation is based on provisions recently
adopted by the City Council based on recommendations contained in the Downtown Parking and
Wayfinding study prepared in 2018 and constitute the base parking obligation for the use. The parking
obligation and available reductions include the following:
REPORT TO PLANNING COMMISSION - Case No: UP18-045/ED18-106 Page
6
• Allows a “0” parking requirement for the first 1.0 FAR for non-residential uses in the downtown
zoning district. This was previously available within a small portion of the downtown. In
November 2018, the City Council expanded the boundaries to encompass the entirety of the
downtown zoning district boundaries.
• For all non-residential uses in the downtown, a 20% parking reduction is allowed by right without
use permit.
• An additional parking reduction is allowed for projects that accommodate more than the standard
bicycle parking requirement (section 14.18.090). This project requires 4 short-term parking
spaces and 4 long term parking spaces. The applicant is proposing a total of 12 bicycle spaces.
A condition of project approval will require the applicant to provide 6 additional bicycle parking
spaces (a total of 18)to compensate for the reduction on overall parking modification.
As mentioned above, the parking requirement is determined by use permit and can include innovated
parking solutions as part of a parking modification request. The applicant proposes to provide a total
of 76 vehicle parking spaces to include tandem parking and valet services for all room guests. Tandem
parking is allowed in the downtown, provided that the tandem spaces are assigned to the same unit or
tenant. Valet service allows for unique parking like the proposed tandem configuration, which are
commonly used by Marriott (see Exhibit 4). Valet parking pairs well with tandem parking given the
availability of a parking attendant to provide access to vehicles at all times. A condition of approval
requires the applicant to provide a Parking Demand Management Plan that clearly describes the
proposed transportation and parking solutions, including the proposed valet service, taxis or ridesharing
and loading/unloading. This plan will have measurable implementation strategies and regular reporting
on the effectiveness.
Site and Use Regulations
The project is required to comply with the following site and use regulations contained in Chapter 14.16
of the Zoning Ordinance:
• 14.16.243 - Mechanical equipment screening.
Ground-mounted or rooftop mechanical equipment placed on the rooftop shall be adequately
screened from public view. The applicant will be required to demonstrate that all ground mounted
and rooftop mounted equipment is screened prior to issuance of a building permit.
• 14.16.025 - Refuse enclosure requirement
Projects are required to provide a suitable area for collection of garbage and recyclable materials.
Refuse storage areas shall be adequately screened from view. The applicant proposes garbage
and recyclable storage/collection area on the west side of the property within the existing building
footprint. The garbage/recycling area will be secured by three double doors. The Design Review
Board recommended that the location of the enclosure be moved back off the street to provide
better screening. This requirement has been added as a condition of approval.
• 14.16.227 - Light and glare.
Projects are required to incorporate colors, materials and lighting designed to avoid creating undue
off-site light and glare impacts. The project is expected to comply with the following standards
✓ Glossy finishes and reflective glass such as glazed or mirrored surfaces are discouraged,
and prohibited where it would create an adverse impact The primary building material
proposed for this project includes a brick panelized system, the use of glazing for at the base
of the building (on the north side and east side), and glazing as a full length corner feature at
REPORT TO PLANNING COMMISSION - Case No: UP18-045/ED18-106 Page
7
the northeast corner of the building (5th and B). Because the glazing material is oriented
toward the north and northeast, reflectivity is not a concern.
✓ Lighting fixtures shall be appropriately designed and/or shielded to conceal light sources from
view off-site and avoid spillover onto adjacent properties. The project includes one pole
mounted light fixture and several low-profile light bollards within the parking lot area and
downcast lights within the entry canopy. A condition of project approval will require the
submittal of spec sheets and a 90-day post installation review
✓ The foot-candle intensity of lighting should be the minimum amount necessary to provide a
sense of security at building entryways, walkways and parking lots. In general terms,
acceptable lighting levels would provide one (1) foot-candle ground level overlap at doorways,
one-half (½) foot-candle overlap at walkways and parking lots and fall below one (1) foot-
candle at the property line. A photometric diagram will be required as part of the building
permit submittal.
DESIGN REVIEW BOARD RECOMMENDATION
The hotel project received Conceptual Design Review on July 17, 2018 (picture at right). Commissioner
Schoppert served as PC liaison. The Design Review Board had the following concerns about this
proposed design:
A. The Board felt that the design was too
contemporary and too “stark” for this
location and needed to be softened
through architecture and materials and
colors.
B. Board recommended a revised design that:
• Considers existing architecture of
surrounding development and
incorporate elements of existing
buildings;
• Incorporate more architectural
articulation;
• Provides more pedestrian oriented
approach;
• Incorporate upper level building step back;
• Include street trees with the formal landscape plan.
Concept Design NOT accepted by the Design Review Board
REPORT TO PLANNING COMMISSION - Case No: UP18-045/ED18-106 Page
8
The applicant modified the design approach and presented the changes to the Design Review Board
on March 5, 2019 (Commissioner Mercado as PC liaison). The overall response by the majority of the
Design Review Board to this proposed design approach was very positive. The Board supported the
project and noted that the project design
greatly improved from its original submittal.
The Board felt the project was appropriate
in design and incorporated elements that
reflected development within the
downtown. However, the Board continued
a recommendation (5-0) asking that the
project be brought back on consensus with
additional changes, which included
terracing of the concrete wall located along
5th avenue and adding additional changes
to the end elements of the building.
The modified design was presented to the
Board on March 19, 2019 (Commissioner
Mercado as PC liaison). The Board voted
unanimously (5-0) recommending Planning Commission approval with the following directives:
• Continue to pursue rideshare loading on 5th Avenue or on B Street.
While there may be an interest in allowing for rideshare/passenger loading along one of these
streets, the final decision will involve multiple departments and is not within the control of the
applicant. However, the applicant has committed to work with the City on a solution.
• The applicant was encouraged to explore swapping the locations of the loading area and trash
enclosure on the site next to kitchen, to move trash back behind the loading and take it out of public
view. The applicant’s plans were not modified to reflect this change.
ENVIRONMENTAL DETERMINATION
Staff conducted a “preliminary review” of the project application, plans and supportive studies and
reports and determined that the application is defined as a “project” under CEQA, pursuant to CEQA
Guidelines Section 15060. A project is exempt from CEQA if it qualifies for a Categorical Exemption
under Article 19, Section 15300. Given the project location, scope and use, staff recommends that the
project qualifies for an exemption under CEQA Guidelines Section 15332. Section 15332 exempts “infill
development projects” that meet the following conditions:
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.
REPORT TO PLANNING COMMISSION - Case No: UP18-045/ED18-106 Page
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NEIGHBORHOOD MEETING / CORRESPONDENCE
Notice of hearing for the project was 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 and the Downtown Business Improvement District,
and all other interested parties, 15 calendar days prior to the date of all meetings, including this hearing.
Public notice was also posted on the subject site 15 calendar days prior to the date of all meetings,
including this hearing.
Copies of all written public correspondence on the proposed project received to date are attached to
this report as Exhibit 10. In summary, the public comments express concerns about the following topics:
• Loss of views for individual units
As mentioned above General Plan Policy CD-5 identifies consideration and protection of public views
to certain features, which include public views to Mt. Tam. The General Plan does not call out protection
of private views from individual residences.
Views of Mt. Tamalpais from Fifth Ave. and B St. right-of-way near the project site are limited due to
existing development. Beyond the adjacent streets, the tip of Mt. Tam is directly visible from spot
locations along B street uphill from the project site and from Mission Ave. near its intersection with B
St. Otherwise views to Mt. Tam are obscured from B St. and from Mission due to the existing tree
canopy during the spring and summer.
As noted above under Policy NH-17, the General Plan recognizes the difficulty in balancing competing
concerns. In this case, the Planning Commission must find the right balance between the need to
address view protection outlined in Policy CD-5 with the clear economic benefits of the project. While
the project may result in minor loss of views from certain spot locations from B Street and from Mission,
the General Plan identifies economic and housing development as high priorities to the health of
Downtown. For that reason staff supports the proposed use and recommends Planning Commission
approval despite minor loss of public views to Mt. Tamalpais.
• Impacts on privacy of the south-facing residential balconies of the Boyd Court
Condominium due to north-facing hotel room windows.
The project is subject to Environmental and Design Review. Privacy
is not identified as a criteria for evaluating a commercial project.
Nonetheless, staff investigated this concern and concludes that the
balconies are currently directly visible from public vantage points and
from the Umpqua Bank parking lot area at 1200 Fifth Avenue see
picture at right. Therefore, the project will not result in impact on
private outdoor balconies.
• Glare/reflectivity of glass at the northeast corner of the
building
A full-length glass feature is located at the northeast corner of the building. The sun generally angles
from a south with the most extreme angle occurring during the winter months (see picture below).
Because the glass feature is located on the northeast corner of the building, the glass is not expected
to result in excessive glare. Other materials include the use of concrete and brick panels. These
materials are not considered to be reflective. Therefore, staff concludes that the project will not use
materials that will result in excessive glare or reflectivity.
REPORT TO PLANNING COMMISSION - Case No: UP18-045/ED18-106 Page
10
Source: https://en.wikipedia.org/wiki/Sun_path#Effect_of_the_Earth's_axial_tilt
• Glare from lights
Zoning Code Section 14.16.227 deals with potential impacts from lighting by requiring lighting fixtures
to be appropriately designed and/or shielded to conceal light sources from view off-site and avoid
spillover onto adjacent properties. The project includes one pole-mounted light fixture and several low-
profile light bollards within the parking lot area and downcast lights within the entry canopy. A condition
of project approval will require the submittal of spec sheets and a 90-day post installation review. In
addition, the project will be required to comply with lighting intensity limits established by section
14.16.227
• Increase in traffic
A traffic study was prepared by W -trans and reviewed by the City’s traffic engineer. The study
evaluates traffic using trip generation rates from the Institute of Transportation Engineers (ITE) Trip
Generation Manual – 10th Edition. The study concludes that the study intersection currently operates
at a Level of Service A and will continue to operate at a Level of Service A with the proposed project.
Therefore, the project will not result in a significant effect related to traffic.
• Potential for parking impacts
The project proposes to provide 76 parking spaces A parking study was prepared which identifies 86
parking spaces as the required parking for the project. The applicant is requesting modifications to
allow tandem parking as part of a valet parking program. In January 2018, the City Council received a
Downtown Parking and Wayfinding report which outlined parking capacity in the downtown. This report
concluded that even during times of highest use, the Downtown as a whole has more than enough
parking to accommodate demand. The report included a number of implementation measures geared
toward reducing the parking obligation for new development. These measures include allowing for
tandem parking and other forms of innovative parking solutions. As mentioned above, the applicant is
proposing tandem parking, and bicycle parking in excess of the bicycle parking required for the project.
Additional bicycle parking will be required as a condition of approval. As noted in the General Plan
Consistency Analysis section above, the General Plan recognizes the enormous task of having to
balance competing concerns related to factors such as design, environmental changes, housing, and
economics (GP Policy NH-17). The General Plan identifies economic and housing development as high
priorities to the health of Downtown. An economic impact analysis prepared by the Marin Economic South North
REPORT TO PLANNING COMMISSION - Case No: UP18-045/ED18-106 Page
11
Forum (Exhibit 7) concludes that the project will result in direct, indirect and induced economic benefits
the downtown and to the city as whole. Finally, a condition of project approval require that the applicant
submit a Parking Demand Management Plan that clearly describes the proposed transportation and
parking solutions, including the proposed valet service, taxis or ridesharing and loading/unloading. This
plan will have measurable implementation strategies and require regular reporting on the effectiveness.
• Fit and compatibility with the 5/M R/O district
As summarized in the Analysis section above, the General Plan supports the development of hotels in
the downtown district through Policies NH-18a, LU-20a, and LU-12. The site is located within the 5/M
R/O zoning district and is located within the boundaries of the downtown zoning districts. Hotels are
allowable uses with prior conditional use permit review and approval by the Planning Commission. The
Design Review Board voted unanimously (5-0) recommending Planning Commission approval noting
that project was appropriate in design and incorporated elements that reflected development within the
downtown. Therefore, staff concludes that the project is compatible with the 5/M R/O district.
OPTIONS
The Planning Commission has the following options:
1. Approve the applicants as presented (staff recommendation)
2. Approve the application with certain modifications, changes or additional conditions of
approval.
3. Continue the applications to allow the applicant to address any of the Commission’s
comments or concerns
4. Deny the project and direct staff to return with a revised Resolution of denial
EXHIBITS
1. Vicinity/Location Map
2. Draft Resolution
3. Letters from applicant, dated December 19, 2013 and February 4, 2019
4. Letter from Mathew DeBold, AC Hotels, dated March 4, 2019
5. Traffic and Parking Study
6. GP Consistency Table
7. Economic Brief, prepared by Marin Economic Forum, dated February 2019
8. Public Correspondence
Plans – 11x17 sets have been distributed to the Planning Commission only
4/18/2019 City of San Rafael
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City of San Rafael
RESOLUTION NO. 19-
RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION APPROVING A USE
PERMIT AND ENVIRONMENTAL AND DESIGN REVIEW FOR A NEW 54-FOOT TALL,
140-UNIT HOTEL PROJECT LOCATED AT 1201 FIFTH AVENUE
APN:011-212-03
WHEREAS, the City of San Rafael has received an application for Use Permit and Environmental
and Design Review for a 54-foot tall, 140-room hotel building at 1201 Fifth Avenue in the downtown 5/M
R/O Zoning District; and
WHEREAS, on March 5, 2019 and on March 19, 2019, the City of San Rafael Design Review
Board reviewed the project and on a unanimous vote of 5-0 recommended Planning Commission approval
of the project; and
WHEREAS, on April 23, 2019, the San Rafael Planning Commission held a duly noticed public
hearing on the proposed Use Permit (UP18-045) and Environmental and Design Review Permit (ED18-
106), accepting all oral and written public testimony and the written report of the Community Development
Department staff.
WHEREAS, upon review of the application, the Planning Commission 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, the Planning Commission makes the following findings
relating to the Use Permit (UP18-045) and Environmental and Design Review (ED18-106):
Use Permit
Findings (UP18-045)
A. That the proposed use is in accord with the general plan, the objectives of the zoning
ordinance, and the purposes of the district in which the site is located:
The site is designated as “Fifth Avenue Mission Residential/Office (5/M R/O)” on the General Plan
2020 Land Use Map and hotels are an allowable use within this designation. In addition, the project
is consistent with the General Plan and specifically with the following General Plan Policies:
NH-18a Hotel/Cineplex. Through this policy, the General Plan supports the development of hotels
in the downtown district because it has been identified as a use that can enhance the retail, restaurant
and entertainment venues by increasing the potential pedestrian population within the downtown
areas. As such, the project is consistent with Land Use Policy NH-18a.
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LU-12. Building Heights – LU-12 establishes height limits in the Downtown San Rafael area are
varied. Hotels are allowed a height limit of 54-ft by right with an additional 12 feet with request
for a height bonus. The project consists of a hotel with a height of 54 feet. No additional height
bonus is requested by the applicant. As such, the project is consistent with Land Use Policy LU-
12.
LU-14. Land Use Compatibility calls for designs that minimize potential nuisance effects and
enhance their surroundings. The Board reviewed the proposed design and on March 19, 2019 voted
unanimously (5-0) recommending Planning Commission approval
LU-20a. Hotel Zoning & NH-16. Economic Success - General Plan Policy LU-20a recognizes
hotels as “..a desired land use because they are a low traffic-generator and a high tax-generator, and
because they have identifiable benefits to the neighborhood such as job training programs.”
General Plan Policy NH-16 calls for expansion of “..Downtown’s economic success and increase
opportunities for retail, office and residential development.” The 140-room hotel is expected to
have an 85% occupancy rate. This could potentially add an additional 119 people to the downtown
area. Hotel occupants are anticipated to frequent existing and future businesses in the Downtown
and help achieve the City’s goal of ‘alive-after-five’ by providing an opportunity to activate the
Downtown in the evenings and on weekends.
B. That the proposed use, together with the conditions applicable thereto, will not be detrimental
to the public health, safety or welfare, or materially injurious to properties or improvements
in the vicinity, or to the general welfare of the city:
The project has been reviewed by appropriate city departments, including the Building Division,
the Fire Department, Department of Public Works, and San Rafael Sanitation District. A building
permit is required for this project. As conditioned, the project will be required to comply with
Building Code and Fire Code requirements prior to construction. In addition, the applicant will be
required to comply with Department of Public Works and San Rafael Sanitation District conditions
of approval.
C. That the proposed use complies with each of the applicable provisions of the zoning
ordinance:
The project is a 54-foot tall, 140 room hotel project which does not have minimum setback or
maximum floor area requirements. The project complies with the maximum height for a hotel ,
which is 54 feet.
With incorporation of appropriate conditions of approval, the project will comply with the
following site and use regulations contained in Chapter 14.16 of the Zoning Ordinance:
14.16.243 - Mechanical equipment screening.
Ground-mounted or rooftop mechanical equipment placed on the rooftop shall be adequately
screened from public view. The applicant will be required to demonstrate that all ground-mounted
and rooftop mounted equipment is screened prior to issuance of a building permit.
14.16.025 - Refuse enclosure requirement
Projects are required to provide a suitable area for collection of garbage and recyclable materials.
Refuse storage areas shall be adequately screened from view. The applicant proposes garbage and
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recyclable storage/collection area on the west side of the property within the existing building
footprint. Three double doors will secure the garbage/recycling area. In accordance with Design
Review Board recommendations that the location of the enclosure shall be moved back off the
street to provide better screening. This requirement has been added as a condition of approval.
14.16.227 - Light and glare.
Projects are required to incorporate colors, materials and lighting designed to avoid creating undue
off-site light and glare impacts. Proposed building material include a brick panelized system, the
use of glazing for at the base of the building (on the north side and east side) and glazing as a full-
length corner feature at the northeast corner of the building (5th and B). Because the glazing
material is oriented toward the north and northeast, reflectivity is not a concern. The project
includes one pole mounted light fixture and several low-profile light bollards within the parking lot
area and downcast lights within the entry canopy. A condition of project approval will require the
submittal of spec sheets and a 90-day post installation review. In addition, the project will be
required to demonstrate maximum intensity levels established by the Zoning Ordinance through
submittal of a photometric diagram will be required as part of the building permit submittal.
Environmental and Design Review
Findings (ED19-106)
A. That the project design is in accord with the general plan, the objectives of the zoning
ordinance and the purposes of this chapter:
The project site has a land use designation of Fifth Avenue/Mission Residential/Office (5/M R/O)
on the General Plan 2020 Land Use Map and is within the 5/M R/O Downtown Zoning District.
Hotels are an allowable use within this zoning district with prior Conditional Use Permit approval
by the Planning Commission. The General Plan supports the development of hotels in the
downtown district through the following policies:
• General Plan Policy NH-18a. Hotel/Cineplex, identifies hotels as a use that can enhance the
retail, restaurant and entertainment venues by increasing the potential pedestrian population
within the downtown areas;
• General Plan Policy LU-20a recognizes hotels as “.a desired land use because they are a low
traffic-generator and a high tax-generator, and because they have identifiable benefits to the
neighborhood such as job training programs;” and
• General Plan Policy LU-12 allows hotels a height of 54 feet with an additional height bonus of
12 feet (if requested), which is not requested in this particular case.
Recognizing the enormous task of having to balance competing concerns related to factors such as
design, environmental changes, housing, and economics. General Plan NH-17 identifies economic
and housing development as high priorities to the health of Downtown. The applicant has provided
an economic impact analysis (Exhibit 7) by the Marin Economic Forum. This report supports the
assumption made under General Plan Policy LU20a by concluding that the project will result in
over $1 million in tax revenue as well as other direct, indirect and induced economic benefits to the
downtown and to the city as whole.
The Design Review Board (Board) evaluated the design of the hotel project on July 17, 2018 as
part of Conceptual Design Review and on March 5, 2019 and March 19, 2019 as part of a formal
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design review. The Board found that the project was appropriate in design and incorporated
elements that reflected development within the downtown, and ultimately unanimously (5 -0)
recommended approval of the project design to the Planning Commission.
B. That 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:
The Design Review Board (Board) evaluated the design of the hotel project on July 17, 2018 , as
part of conceptual design review and on March 5, 2019 and March 19, 2019 as part of a formal
design review. The Board found that the project was appropriate in design and incorporated
elements that reflected development within the downtown, and ultimately unanimously (5 -0)
recommended approval of the project design to the Planning Commission.
C. That the project design minimizes adverse environmental impacts:
The project is exempt under CEQA Guidelines Section 15332 as an “infill development projects”
for the following reasons:
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.
To support the above conclusions, the applicant has provided a traffic study, noise study, and
greenhouse gas assessment. Standard conditions of approval require the applicant to comply with
MCSTOPP requirements for stormwater and erosion control. The project has been routed to the
appropriate departments and appropriate conditions of approval have been incorporated.
D. That the project design will not be detrimental to the public health, safety or welfare, nor
materially injurious to properties or improvements in the vicinity , given that the project has
been reviewed by the appropriate agencies and appropriate conditions of approval have been
incorporated accordingly.
BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Rafael approves
the Use Permit and Environmental and Design Review Permit subject to the following conditions:
Conditional Use Permit
Conditions of Approval (UP18-045)
1. This Use Permit approves a 54-foot tall, 140-room hotel project with associated parking, access
and landscape improvements at 1201 Fifth Avenue and within the 5/M R/O downtown zoning
district. The building techniques, materials, elevations, appearance of the project, as presented for
approval on plans approved on April 23, 2018, shall be the same as required for issuance of a
Building Permit except as modified by these conditions of approval.
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2. This Use Permit shall run with the land. This Use Permit shall become null and void if not vested
within one (2) years from the date of approval, or no later than April 23, 2022, unless a time
extension is granted before that date. Vesting shall include issuance of necessary building permits
or commencement of business operations.
3. Building Permit plans shall demonstrate compliance with standard conditions required by
Building Official Memorandum, dated June 25, 2018.
4. As part of the ongoing operation of the project, the applicant shall implement a valet parking
program as part of the tandem parking approval.
5. Prior to Issuance of Building Permits, the applicant shall pay all outstanding Planning Division
application processing fees.
6. Prior to Issuance of Building Permits, the applicant shall be all development impact fees required
for this project, including those fees mentioned herein and other fees required by ordinance (ie
affordable housing in-lieu fee, etc.).
7. Prior to Issuance of Building Permits, the applicant shall submit plans that show the required
bicycle parking space (4 long term and 4 short term) plus additional required parking spaces (10
short term or long term) to compensate for the reduction in vehicle spaces.
8. The applicant shall comply with all applicable requirements of the San Rafael Municipal Code
and of the implementing zone classification of 5/M R/O Downtown Zoning District.
9. Minor modifications or revisions to the project shall be subject to review and approval of the
Community Development Department, Planning Division. Modifications deemed not minor by
the Community Development Director shall require review and approval by the original decision-
making body.
10. The project shall comply with the City construction operation limits as follows:
a. Construction hours shall be limited to
i. Weekdays between 7:00am and 6:00pm
ii. Saturdays between 9:00am and 6:00pm
iii. Sundays and holidays NO construction permitted.
b. Minimize concrete saw use within 50 feet of residences to the south as feasible.
c. Prohibit all unnecessary idling of internal combustion engines.
d. Equip all internal combustion engine-driven equipment with intake and exhaust mufflers that
are in good condition and appropriate for the equipment. Air compressors and pneumatic
equipment should be equipped with mufflers, and impact tools should be equipped with
shrouds or shields.
e. Locate stationary noise-generating equipment, such as air compressors or portable power
generators, as far as possible from sensitive receptors as feasible. If they must be located near
receptors, adequate muffling (with enclosures where feasible and appropriate) shall be used
reduce noise levels at the adjacent sensitive receptors. Any enclosure openings or venting
shall face away from sensitive receptors.
f. Control noise from construction workers’ radios to a point where they are not audible at
existing residences bordering the project site.
g. Notify all adjacent noise sensitive land uses of the construction schedule in writing.
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h. Designate a "disturbance coordinator" who would be responsible for responding to any
complaints about construction noise. The disturbance coordinator will determine the cause
of the noise complaint (e.g., bad muffler, etc.) and will require that reasonable measures be
implemented to correct the problem. Conspicuously post a telephone number for the
disturbance coordinator at the construction site and include in it the notice sent to neighbors
regarding the construction schedule.
11. Building Permit plans shall demonstrate compliance with standard conditions outlined in Fire
Department Memorandum, dated December 24, 2018
12. Prior to Issuance of Building Permit, the applicant shall submit plans and documents
demonstrating compliance with all requirement of the San Rafael Sanitation District
Memorandum, dated January 7, 2019.
13. Prior to Issuance of Building Permit, the applicant shall demonstrate compliance with the
following Department of Public Works requirements:
a. The applicant shall submit a Parking Demand Management (PDM) Plan that clearly describes
the proposed transportation and parking solutions, including the proposed valet service, taxis
or ridesharing and loading/unloading. This plan shall include measurable impl ementation
strategies and shall commit to annual reporting on the effectiveness.
b. In the event the parking strategy proposed as part of the PDM is ineffective, the applicant
will be required to provide a parking solution which may include one or more of the
following:
i. Additional bicycle parking
ii. Off-site parking solutions
iii. Vanpool/Transportation services
iv. Other parking solution found suitable by the Department of Public Works.
14. Due to the extent and scope of the project, third party inspection may be required on behalf of the
City and funded by the developer on a deposit basis.
Environmental and Design Review
Conditions of Approval (ED18-106)
1. This Environmental and Design Review approves a 54-foot tall, 140-room hotel project with
associated parking, access and landscape improvements at 1201 Fifth Avenue and within the 5/M
R/O downtown zoning district. The building techniques, materials, elevations, appearance of the
project, as presented for approval on plans approved on April 23, 2018, shall be the same as
required for issuance of a Building Permit except as modified by these conditions of approval.
2. This Design Review Permit (ED18-108) shall be valid for two years from approval or until April
23, 2019, and shall be null and void if a building permit is not issued or a time extension granted
prior to the expiration date.
3. Pursuant to SRMC section 14.18.170 Lights provided to illuminate any parking facility or paved
area shall be designed to reflect away from residential use and motorists. It is the intent to maintain
light standards in a low-profile design, as well as to be compatible to the architectural design and
landscape plan. Light fixtures (e.g., pole and wall-mount) should be selected and spaced to
minimize conflicts with tree placement and growth.
- 7 -
4. The project is subject to a 90-post installation lighting inspection to evaluate the need for
adjustment and assure compliance with SRMC Section 14.16.227.
5. Prior to issuance of a building permit, the applicant demonstrate compliance with Marin Municipal
Water District water conservation measures.
6. Prior to Issuance of Building Permits, the plans shall be revised to show the location of the garbage
enclosure be moved back further off the street to provide better screening.
7. Prior to Issuance of Building Permits the applicant shall submit updated plans that show all
mechanical equipment (including rooftop equipment) shall be adequately screened from public
view.
8. Prior to Installation of signs for this project, the applicant shall apply for sign review of the
proposed signage.
9. Prior to Issuance of Building Permit, the plans shall be revised to show the following:
a. provide clear parking and driveway dimensions called out as required by DPW memorandum
dated April 9, 2019. Parking dimensions shall comply with Municipal Code Section 14.18.
b. The structural columns shall not be located in the required maneuvering area. When parking
spaces are located adjacent to columns, do not block the end of the space where turning
movements are initiated.
c. Show the accessible parking on the plan.
d. Show the accessible path of travel for these spaces, as well as from the public Right-of-Way.
Structural columns and drive aisles shall not conflict with the pedestrian areas.
e. Show turning movements on the plan, in particular for entering and exiting restricted parking
spaces, in addition to the aisles where they do not meet City standard.
f. The loading area on 5th Avenue shall be revised to standard sidewalk, curb and gutter.
g. Queuing for loading/unloading and other services shall not back up onto the City streets.
10. Site runoff shall not be increased. Show the proposed drainage system on the plan, including
drainage management areas and treatment area sizing.
11. Prior to Issuance of Building Permit, the applicant shall submit the stormwater control plan, which
includes a written document, in addition to the erosion control plan shown on the plan set. A
stormwater facility maintenance agreement shall be required. More specific information is
available from MCSTOPPP, hosted on the Marin County Website. See tools and guidance, and
post construction requirements at
http://www.marincounty.org/depts/pw/divisions/mcstoppp/development/new-and-
redevelopment-projects
12. Prior to Issuance of Building Permit, the applicant shall show installation of a new catch basin that
utilizes gravity flow to the creek. The drainage shall be coordinated with the Department of Public
Works.
13. Prior to Issuance of Building Permits, provide a grading plan, with cut and fill amounts. For
projects with 50 cubic yards or more of earthwork, a grading permit shall be required from the
Department of Public Works, located at 111 Morphew St.
14. Frontage improvements shall be required for the site. Prior to Issuance of a Building Permit the
applicant shall provide improvement plans that include the following:
a. Full sidewalk, curb and gutter.
b. Curb ramps for the intersection of 5th Avenue and B Street
c. Resurfacing of the intersection and fronting roadway.
d. New signals and lighting may be required, including detection and pedestrian push buttons.
e. Conduit along the project frontage may be required for the City’s future use.
f. Details of this shall be coordinated with the City Traffic Engineer.
- 8 -
15. Prior to commencing work within the right-of-way, the applicant shall obtain an encroachment
permit is required for any work within the Right-of-Way, from the Department of Public Works
located at 111 Morphew St.
16. Fifth Avenue is currently a moratorium street. Full width resurfacing shall be required.
17. Prior to Issuance of Building Permit, the applicant shall update the traffic study as follows:
a. On page 1, the traffic impact study states the project will generate 55 trips during the morning
peak hour and 45 during the evening peak hour. The total number of trips after accounting
for existing uses should also be stated in the executive summary.
b. In Table 7 on page 11, the gross trip generation was used, instead of the net new number of
trips. The trip distribution table should show the net new trips.
c. The minimum required bicycle parking shall be calculated using 5% of the total required
vehicle spaces.
d. 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.
18. Archeological Features: In the event that any archaeological features, such as concentrations of
artifacts or culturally modified soil deposits including trash pits older than fifty years of age, are
discovered at any time during grading, scraping, or excavation within the property, all work
shall be halted in the vicinity of the find, the Planning Division shall be notified, and a qualified
archaeologist shall be contacted immediately to make an evaluation. If warranted by the
concentration of artifacts or soils deposits, an archaeologist shall monitor further work in the
discovery area.
19. If human remains are encountered during grading and construction, all work shall stop in the
immediate vicinity of the discovered remains and the County Coroner and a qualified
archaeologist shall be notified immediately so that an evaluation can be performed. The Coroner
shall contact the Native American Heritage Commission, if the remains are deemed to be Native
American and prehistoric, so the “most likely descendant” can be designated.
The foregoing Resolution was adopted at the regular City of San Raf ael Planning Commission meeting
held on the 23rd day of April, 2019. The Planning Commission’s Action is final unless it is appealed to the
City Council within five (5) working days pursuant to San Rafael Municipal Code Section 14.28.030 -
Filing and time limit of appeals.
Moved by Commissioner _____________ and seconded by Commissioner ________________.
AYES: COMMISSIONERS
NOES: COMMISSIONERS
ABSENT: COMMISSIONERS
SAN RAFAEL PLANNING COMMISSION
ATTEST: BY:
Paul A Jensen, Secretary Sarah Loughran, Chair
ATTACHMENT:
- 9 -
Exhibit 6
REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES
1201 Fifth Avenue Project Consistency with San Rafael General Plan 2020 Policies
3-1
LAND USE ELEMENT
Policy LU-9 Intensity of Nonresidential Development and Policy LU-20
Hotels, Motels, and Inns. Commercial areas have been assigned floor
area ratios (FARs) to identify appropriate intensities. The project site has a
1.75 FAR. However, pursuant to General Plan Policy LU-20, hotels are not
subject to FAR requirements.
Consistent
The proposed project is a hotel and therefore is not limited by FAR
requirements.
Policy LU-12. Building Heights and Policy LU-13 Height Bonus.
Height limits in the Downtown San Rafael area are varied. The maximum
height limit for this property is 42 feet. Hotel projects are allowed a
maximum height of 54 feet with an allowable height bonus of 12 feet with
Use Permit approval.
Consistent
The maximum height limit for this property is 42 feet with an allowable
height bonus of 12 feet with use permit approval. However, hotels are
allowed a height limit of 54-feet. Hotels are also allowed an additional 12
feet of height with a height bonus request, however, the applicant is not
takin advantage of a height bonus at this time. As such, the project is
consistent with Land Use Policy LU-12.
Policy LU-14. Land Use Compatibility. Design new development in mixed
residential and commercial areas to minimize pote ntial nuisance effects and
to enhance their surroundings.
Consistent
The proposed project is a modern L- shaped building with the legs of the
“L” bordering Fifth Avenue and B Street. The first level of the building is
primarily glass. A concrete base is introduced along B Street to fill in
where the lot slopes. This concrete base is stepped down to create 4-foot
high terraces. Landscaping is introduced within these terraces to soften
the appearance of the wall. Materials used for the upper levels is a mix of
a warm colored brick wall with glass panels for the guest rooms as well as
at the base of the building along Fifth Ave. and B Street. At the corner of
Fifth and B, the first floor is setback creating a covered entry. The design
approach and materials used are compatible with neighboring
development. The Design Review Board evaluated the proposed design
and recommended approval of the project.
LU-20a. Hotel Zoning. Maintain zoning ordinance regulations allowing
height bonus and exemption from FARs for hotels.
Consistent
The project consists of a 140-room hotel project on a 28,719. There are
no limits on FAR for this project because it is a hotel project. The project
complies with maximum height limit of 54 feet and no height bonus is
being requested at this time.
Exhibit 6
REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES
1201 Fifth Avenue Project Consistency with San Rafael General Plan 2020 Policies
3-2
Policy LU-23. Land Use Map and Categories.
Land use categories are generalized groupings of land uses and titles that
define a predominant land use type. The zoning code implements the land
use categories by identifying the type of use that can be permitted within a
district and other applicable development standards. Some listed uses are
conditional uses in the zoning ordinance and may be allowed only in limited
areas or under limited circumstances.
Consistent,
The project site is has a land use designation of Fifth/Mission
Residential/Office (5/M R/O). This land use category is aligned with the
5/M R/O zoning district, which allows a mix of commercial and residential
uses. Hotels are one of the uses allowable within this district with prior
use permit approval by the Planning Commission. Because the project is
a hotel, it is not subject to FAR standards as noted in General Plan Policy
LU-20 above.
HOUSING ELEMENT
Policy H-9. Funding for Affordable Housing. Seek proactive and
creative ways to lower housing costs for lower income households and
people living with special needs. Continue to use local, state and federal
assistance to achieve housing goals and to increase ongoing local
resources to provide for affordable housing.
Consistent
The project will be required to contribute to the City’s affordable housing
obligations as outlined in SRMC Table 14.16.030-3. Hotel projects are
obligated to 0.0075 affordable housing units per 1,000 square feet of hotel
space plus 0.0225 per 1000 square feet of restaurant/bar, retail and/or
meeting facilities associated with the hotel. The applicant would be
obligated to either provide the affordable housing on site or pay an in-lieu
fee (currently 343,969.47) multiplied by the total number of required
affordable housing unit (estimated to be 1.674). The applicant’s total
obligation will be calculated at the time the applicant submits for a building
permit.
Program H-9c. In-Lieu Fees for Affordable Housing.
Dedicate in-lieu fees for affordable housing, including
rehabilitation, acquisition and design support for
second units and infill housing.
Consistent
As stated under response to Policy H-9, the applicant’s total obligation will
be calculated as part of the formal use permit application analysis.
NEIGHBORHOOD ELEMENT
NH-15. Downtown Vision.
Continue to implement Our Vision of Downtown San Rafael.
NH-16. Economic Success.
Substantially expand Downtown’s economic success and increase
opportunities for retail, office and residential development.
Consistent
General Plan Policy LU-20a recognizes hotels as “..a desired land use
because they are a low traffic-generator and a high tax-generator, and
because they have identifiable benefits to the neighborhood such as job
training programs.” General Plan Policy NH-16 calls for expansion of
“..Downtown’s economic success and increase opportunities for retail,
Exhibit 6
REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES
1201 Fifth Avenue Project Consistency with San Rafael General Plan 2020 Policies
3-3
NH-17. Competing Concerns.
In reviewing and making decisions on projects, there are competing
economic, housing, environmental and design concerns that must be
balanced. No one factor should dominate; however, economic and housing
development are high priorities to the health of Downtown
NH-18. Economic Center.
Strengthen Downtown’s position as a major business, financial and office
center for the city and the county by maintaining a diversified economic
base reflecting a mutually supportive combination of retail, office, service
and government uses.
NH-18a. Hotel/Cineplex. Support the development of a hotel to sustain the
office market and a Cineplex to enhance the retail, restaurant and
entertainment offerings in Downtown.
office and residential development.”
The 140 room hotel is expected to have an 85% occupancy rate. This
could potentially add an additional 119 people to the downtown area.
Hotel occupants are anticipated to frequent existing and future businesses
in the Downtown and help achieve the City’s goal of ‘alive-after-five’ by
providing an opportunity to activate the Downtown in the evenings and on
weekends.
NH-17. Competing Concerns.
The General Plan recognizes the enormous task of having to balance
competing concerns related to factors such as design, environmental
changes, housing, and economics. The General Plan identifies economic
and housing development as high priorities to the health of Downtown.
The applicant has provided an economic brief that summarizes the direct,
indirect and induced economic benefits that the project brings to the
downtown and to the city as whole. The project is expec ted to have the
following beneficial impacts:
NH-29. Downtown Design.
New and remodeled buildings must contribute to Downtown’s hometown
feel.
NH-29a. Implement Downtown Design Guidelines. Implement the
Downtown Design Guidelines through the design review process.
Generally Consistent
The proposed building is a L- shaped building with the legs of the “L”
bordering Fifth Avenue and B Street. The first level of the building is
primarily glass. A concrete base is introduced along B Street to fill in
where the lot slopes. Materials used for the upper levels is a mix of a
warm colored brick wall with glass panels for the guest rooms as well as at
the base of the building along Fifth Ave. and B Street. At the corner of
Fifth and B, the first floor is setback creating a covered entry. The
proposed design adopts warm colors and materials from the surrounding
development. This is in contrast with the original more modern submittal
which was rejected by the Design Review Board. The more recent
proposed design received an affirmative recommendation from the Design
Review Board on March 19, 2019.
NH-31. Ground Floor Designed for Pedestrians.
Ensure that all buildings, regardless of height, are comfortable for people at
the street level. This includes:
● Relating wall and window heights to the height of people,
Generally Consistent
The project proposes a design that features glazing at the first level. This
is a 15-foot high element that provides a pedestrian scale along Fifth
Avenue and B Street. Along B Street where the building slopes in a
southerly direction the project building features a concrete terraced
Exhibit 6
REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES
1201 Fifth Avenue Project Consistency with San Rafael General Plan 2020 Policies
3-4
● Use of architectural elements to create visual interest,
● Adding landscaping and insets and alcoves for pedestrian
interest, and,
Stepping upper stories back as building height increases.
landscape wall. The upper story is not stepped back, however a roof
overhang is treated with wood-grain metal material provided variation in
the upper level. The Design Review Board reviewed this project and
recommended approval of the proposed project.
NH-32. Historic Character.
Recognize and use the unique character of Downtown’s many attractive,
well-liked, historic buildings. Encourage new development on sites in the
Downtown area to be compatible with nearby historic buildings, the historic
Downtown street pattern, and the area’s historic, pedestrian-oriented
character.
Policy NH-45. Fifth/Mission Residential/Office District Design
Considerations.
d. Fifth/Mission pedestrian character.
Enhance the pedestrian character by preserving mature landscaping,
planting more street trees and by enhancing views down the cross
streets. In addition, establish a strong visual and pedestrian access
connection on B Street from Boyd Park to Albert Park, and stronger
connections between the Fifth/Mission District and surrounding
neighborhoods.
Consistent
The project is located on the edge of downtown which contains a eclectic
collection of buildings and architectural styles. As mentioned above,
materials used for the upper levels is a mix of a warm colored brick wall
with glass panels for the guest rooms as well as at the base of the building
along Fifth Ave. and B Street. At the corner of Fifth and B, the first floor is
setback creating a clear pedestrian entry. The proposed design adopts
warm colors and materials from the surrounding development.
The project proposes to remove existing street trees along Fifth Avenue
and B Street. However, these trees will be replaced with Chines Pistache.
Two additional trees will be installed along B street.
On March 19, 2019, the Design Review Board evaluated the project an
determined that the project adopted colors, materials, and design
elements of the surrounding nearby buildings. Therefore, the project is
deemed to contribute to the existing nearby street pattern and is consistent
with this policy
COMMUNITY DESIGN ELEMENT
Program CD-10a. Nonresidential Design Guidelines - Visual
Compatibility.
Ensure that new structures are visually compatible with the neighb orhood
and encourage neighborhood gathering places. Guidelines may address
screening of service functions, materials and detailing, screening of roof
equipment, lighting, landscaping, outdoor café seating and pedestrian
amenities.
Consistent
The project would be consistent with Nonresidential Guidelines that
address requirements for screening of service function areas, materials
and detailing, screening of roof equipment, lighting, landscaping,
pedestrian amenities, etc. Please see Exhibit 13 (Table San Rafael Design
Guidelines) for a detailed discussion of Nonresidential Guidelines. The
project received an affirmative recommendation from the Design Review
Board.
Policy CD-15. Participation in Project Review. Consistent
Exhibit 6
REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES
1201 Fifth Avenue Project Consistency with San Rafael General Plan 2020 Policies
3-5
Provide for public involvement in the review of new development,
renovations, and public projects with the following: a) design guidelines and
other information relevant to the project as described in the Community
Design Element that would be used by residents, designers, project
developers, City staff, and City decision makers; b) distribution of the
procedures of the development process that include the following: submittal
information, timelines for public review, and public notice requirements; c)
standardized thresholds that state when design review of projects is
required (e.g. residential conversions, second-story additions); and d)
effective public participation in the review process.
Program CD-15a. Notification and Information about Development
Projects. Continue to enhance San Rafael’s public notification and
neighborhood meeting process to encourage early participation in the
review of projects. Create succinct and understandable written handouts to
guide property owners, designers, residents and business owners through
the City submittal, review and approval processes. Continue notifying
neighborhood and homeowner associations about proposed projects in
nearby nonresidential areas. Evaluate the adequacy of notification
procedures and enhance as needed. For example, consider requiring
notification of non-owner occupants and requiring large on-site visible notice
of projects under review.
When the planning applications for this project were filed, copies of plans
were made available to all surrounding neighborhood and special interest
groups. Notices of public meetings were mailed to all property owners,
occupants and neighborhood groups and interested parties within 300 feet
of the project site informing them of the proposed project prior to the
Design Review Board meeting. In addition, the site was posted with notice
of all public meetings on this proposed project. Comments have been
received and considered by the staff and copies of all written
correspondence received to regarding this project have been included for
the Commission’s review.
Policy CD-18. Landscaping.
Recognize the unique contribution provided by landscaping, and make it a
significant component of all site design.
Generally Consistent
The project is generally consistent with the City’s minimum requirements
for landscaping in that the project plans show replacement of street trees
and installation of additional street trees along B Street.
Policy CD-19. Lighting.
Allow adequate site lighting for safety purposes while controlling excessive
light spillover and glare.
Generally Consistent
The applicant proposes to install one pole mounted light and light bollards
within the interior of the property. The applicant will be required to submit
specifications for all proposed light fixtures prior to receiving building
permit approval. All light fixtures will be required to comply the City’s
standard requirements that fixtures be directed downward and not result in
excessive off-site glare. All light fixtures are subject to Section 14.16.227,
which includes a 90-day post installation inspection.
Policy CD-20. Commercial Signage. Generally Consistent
Exhibit 6
REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES
1201 Fifth Avenue Project Consistency with San Rafael General Plan 2020 Policies
3-6
Provide sign regulations and guidelines that allow adequate visual
identification necessary for successful commercial uses, while also taking
into consideration the visual impact along any given roadway.
The applicant will be required to comply with the City’s sign ordinance in
terms of size and installation requirements. The project plans identify two
wall signs being proposed. However, more details will be required as part
of a sign review prior to installation of signs.
Policy CD-21. Parking Lot Landscaping.
Provide parking lot landscaping to control heat build-up from pavement,
reduce air pollution, provide shade cover for vehicles and soften the
appearance of the parking lot. Emphasize the use of trees, and limit the
height of shrub plantings so as to avoid creating security problems.
Generally Consistent
The project includes two parking decks: one is located below grade, thus
will be covered; the other will be located at ground level but overlapping
the lower level parking. While the applicant proposes shrubs and ground
cover within the upper garage, trees are not provided within the parking
lot. However, the applicant proposes to replace street trees to be removed
as a result of construction work and two additional trees will be installed
along B street.
ECONOMIC VITALITY
Policy EV-2. Seek, Retain, and Promote Businesses that Enhance San
Rafael.
Recruit and retain businesses that contribute to our economic vitality, thus
helping to provide needed local goods, services and employment, and
enhance the City’s physical environment.
Consistent
The proposed project would bring a new business to the City thus
contributing to the City’s economic vitality. The project would result in the
redevelopment of a vacant property, which would enhance the physical
environment of the area. In addition, hotel projects are considered a
desirable use because they are considered a high tax generator and a
minimal impact on traffic.
Policy EV-7. Environmentally-Friendly Business Practices. Promote
environmentally friendly business practices that reduce the need for
nonrenewable resources.
Consistent
The project will be required to comply with Mandatory and Tier 1 measures
of the City of San Rafael Cal Green. These measures include
implementation of on-site water management, energy conservation, use of
recycled content etc.
Policy EV-8. Diversity of our Economic Base. Keep San Rafael a full-
service city by retaining and supporting a broad and healthy range of
businesses.
Consistent
The range of existing businesses in San Rafael is fairly broad and
generally healthy. The proposed project will add a visitor accommodations
that will contribute to the downtown population. Hotel occupants are
anticipated to frequent existing and future businesses in the Downtown
and help achieve the City’s goal of ‘alive-after-five’ by providing an
opportunity to activate the Downtown in the evenings and on weekends.
Exhibit 6
REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES
1201 Fifth Avenue Project Consistency with San Rafael General Plan 2020 Policies
3-7
Policy EV-13. Business Areas.
Promote San Rafael’s economy and the strengths and benefits of all of its
business areas. Pursue actions that revitalize and sustain San Rafael’s
business areas.
Consistent
The project would be generally consistent with the intent of EV-13 in that it
is a hotel project, which is considered a desirable project due to its
economic benefit in the form of tax generation and contributions to the
downtown businesses.
INFRASTRUCTURE ELEMENT
Policy I-7. Landscape Maintenance. Provide for low maintenance
entryway landscaping. Give priority to maintenance of landscaping along
the City’s most heavily traveled roadways and gateways as shown on
Exhibits 17 (San Rafael Community Design) and Exhibit 18 (Central San
Rafael Community Design).
Consistent
The final landscape plan would be required to comply with water
conservation requirements of the the Marin Municipal Water District
(MMWD).
SAFETY ELEMENT
S-4. Geotechnical Review.
Continue to require geotechnical investigations for development proposals
as set forth in the City's Geotechnical Review Matrix (Appendix F). Such
studies should determine the actual extent of geotechnical hazards,
optimum design for structures, the advisability of special structural
requirements, and the feasibility and desirability of a proposed facility in a
specified location.
Consistent
A geotechnical report is typically required as part of the building permit
submittal.
S-5. Minimize Potential Effects of Geological Hazards.
Development proposed within areas of potential geological hazards shall
not be endangered by, nor contribute to, the hazardous conditions on the
site or on adjoining properties. Development in areas subject to soils and
geologic hazards shall incorporate adequate mitigation measures. The City
will only approve new development in areas of identified hazard if such
hazard can be appropriately mitigated.
Consistent
See discussion under Policy S-4, above.
S-6. Seismic Safety of New Buildings.
Design and construct all new buildings to resist stresses produced by
earthquakes. The minimum level of seismic design shall be in accordance
with the most recently adopted building code as required by State law.
Consistent
The proposed project will require design measures per recommendatio ns
from a qualified structural engineer as part of the Building Permit submittal.
Exhibit 6
REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES
1201 Fifth Avenue Project Consistency with San Rafael General Plan 2020 Policies
3-8
Policy S-18 Storm Drainage Improvements. Require new development to
improve local storm drainage facilities to accommodate site runoff
anticipated from a “100-year” storm.
Consistent
Standard conditions of approval require compliance with storm drain
requirements.
Policy S-25. Regional Water Quality Control Board (RWQCB)
Requirements. Continue to work through the Marin County Stormwater
Pollution Prevention Program to implem ent appropriate Watershed
Management plans as dictated in the RWQCB general National Pollutant
Discharge Elimination System permit for Marin County and the local
stormwater plan.
Consistent
See Policy S-18 above.
NOISE ELEMENT
• Policy N-3. Planning and Design of New Development. Encourage
new development to be planned and designed to minimize noise
impacts from outside noise sources.
Consistent with mitigation measures/conditions
This study was completed to assess construction-related noise that would
occur for an 18-month time frame, during the prescribed hours for
construction established by the Municipal Code. The City of San Rafael’s
threshold for construction noise is 90 dBA measured from any point
outside the construction property plane. The noise study concludes that
the project will not result in a significant impact related to noise.
Policy N-4. Noise from New Nonresidential Development.
Design nonresidential development to minimize noise impacts on
neighboring uses.
a. Performance Standards for Uses Affecting Residential Districts.
New nonresidential development shall not increase noise levels in a
residential district by more than Ldn 3 dB, or create noise impacts that
would increase noise levels to more than Ldn 60 dB at the property lin e of
the noise receiving use, whichever is the more restrictive standard.
b. Performance Standards for Uses Affecting Nonresidential and
Mixed Use Districts. New nonresidential projects shall not increase noise
levels in a nonresidential or mixed-use district by more than Ldn 5 dB, or
create noise impacts that would increase noise levels to more than Ldn 65
dB (Office, Retail) or Ldn 70 dB (Industrial), at the property line of the noise
receiving use, whichever is the more restrictive standard.
c. Waiver. These standards may be waived if, as determined by an
acoustical study, there are mitigating circumstances (such as higher
existing noise levels), and no uses would be adversely affected.
N/A
Exhibit 6
REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES
1201 Fifth Avenue Project Consistency with San Rafael General Plan 2020 Policies
3-9
CONSERVATION
Policy CON-16. Landscape with Native Plant Species. Encourage
landscaping with native and compatible non-native plant species, especially
drought-resistant species.
Consistent
The applicant will be required to comply with MMWD water conservation
Ordinance.
Policy CON-19. Energy Resources. Support the development of
renewable and/or efficient generating resources to reduce the County’s
reliance on non-renewable energy supplies.
Consistent
The project will need to demonstrate compliance with the City of San
Rafael/Calgreen requirements.
Policy CON-20. Water Conservation. Encourage water-conserving
practices in businesses, homes and institutions and increase the use of
recycled water.
Consistent
The project will need to demonstrate compliance with the City of San
Rafael/Calgreen requirements and compliance with water conservation
measures required by MMWD.
Policy CON-21. Waste Reduction/Recycling. Encourage waste reduction
practices. Encourage recycling through provision of recycling containers,
and developing and promoting both existing and new pr ograms.
Consistent
Marin Sanitary Service (MSS) would provide solid waste disposal for the
project. The MSS offers recycling programs for their residential and
commercial accounts and operates a Resource Recovery and Recycling
Center.
Policy CON-22. Resource Efficiency in Site Development. Encourage
site planning and development practices that reduce energy demand,
support transportation alternatives and incorporate resource- and energy-
efficient infrastructure.
Consistent
The project will need to demonstrate compliance with the City of San
Rafael/Calgreen requirements and compliance with water conservation
measures required by MMWD. In addition, the project proposes a total of
12 bicycle parking spaces and conditions of approval require an additional
6 spaces.
1
140-Room Hotel in San Rafael, California
An Economic Brief for Monahan Parker Inc.
February 2019
2
Executive Summary
A proposed hotel is set for San Rafael, California at the corner of 5th and B streets. This report
estimates the potential economic impacts to San Rafael as a result of this hotel being built and
operated based on assumptions from the developer on construction budget, operational data on
revenues and occupancy, and current tax rates. This hotel would have 140 potential rooms for
overnight guests all year round. The hotel is set to have on-site food and beverage, as well as other
retails sales. Hotel visitors not only pay for their hotel room and some meals on the restaurant site,
they also spend money throughout San Rafael otherwise. The city of San Rafael receives a portion of
the transient occupancy tax (TOT) and sales tax revenues that flow from these sales. Jobs and
business incomes are supported and increased once operations begin; this hotel’s construction also
provides positive economic benefits to San Rafael while building takes place. Once complete, the
property improvements increase property tax revenues for the city annually.
Construction impacts:
The hotel is estimated to cost $23 million to construct, and have fees associated of
approximately $1.1 million;
These costs and fees generate an additional $11.1 million in local business revenues and
support over 193 jobs during construction, including 118 full-time equivalent jobs associated
with the hotel construction alone; and
Over $2,578,000 in one-time fees and taxes after construction is complete, where the change
property taxes (including the increase in the parcel’s value due to the hotel’s
Once construction is completed and guests begin to arrive, the hotel’s business operations generate:
The total sales of $12,358,750 have economic impacts on other businesses and employees in San
Rafael in year 1 begin the economic impacts for San Rafael’s economy;
o Another $6 million in business revenues for hundreds of businesses throughout San Rafael;
o Supporting over 99 jobs throughout in year one, with approximately 75 workers at the hotel
and associated spaces; and
o $2.309 million in state and local tax revenues generated, including sales taxes on site and
throughout the city of an additional $329,700 in year 1, $1.086 million in TOT revenues and
over $578,000 in new property tax revenues after the hotel’s operations in year 1 ($330,000
of that amount is from the hotel parcel due to the construction improvements as an ongoing
benefit to the city).
o The impacts are ongoing, such that the effects in years 2 through 5 grow due to hotel
revenue growth such that over five years after operations begin:
Business revenues throughout San Rafael rise by $95,358,000;
Total jobs supported on-site and at employers throughout San Rafael is 107 workers;
and
State and local tax revenues are over $11,985,000, with over $5.65 million in new
TOT, $1.71 million of new sales tax revenue (for which San Rafael gets some
proportion); and augmented property tax revenues of $2.97 million of which the hotel
contributes over $1.68 million new property tax revenues.
The following figures provide a detailed comparison of each phase and set of impacts.
3
$-
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
$30,000,000
$35,000,000
$40,000,000
Construction: Business Revenues while
Building
Construction Spending Additional Impacts
$-
$20,000,000
$40,000,000
$60,000,000
$80,000,000
$100,000,000
$120,000,000
Year 1 Five-Year Total
Operations: Business Revenues
Year 1 and Five-Year Cumulative Effects
Hotel Operations Additional Impacts
0
20
40
60
80
100
120
140
160
180
200
Construction: Number of Jobs Supported
Construction Spending Additional Impacts
0
20
40
60
80
100
120
Operations: Number of Jobs Supported
Hotel Operations Additional Impacts
$0
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
Construction: Tax Revenues while Building
One-time City Fees
Other Taxes and Fees
Personal Income
Property Taxes
Sales Taxes
Employment Taxes
$0
$2,000,000
$4,000,000
$6,000,000
$8,000,000
$10,000,000
$12,000,000
$14,000,000
Year 1 Five-Year
Total
Operations: Additional Tax Revenues
Year 1 and Five-Year Cumulative Effects
Other Taxes and Fees
TOT Revenues
Personal Income
Property Taxes - Hotel
Property Taxes
Sales Taxes (including
on-site spending)
Employment Taxes
4
Introduction
This report examines the economic impacts of a proposed 140-room hotel in San Rafael, California.
This study was commissioned by Monahan Pacific and this proposed hotel is moving through the city’s
planning as of February 2019. This report estimates the hotel’s potential economic impacts to San
Rafael. The economic impacts come in two stages:
Stage 1: Construction costs of $23 million in hard costs and $1.1 million in city fees; and
Stage 2: Operations, including hotel room purchases and associated visitor spending if
$12,358,750 in year one and then growth of revenues annually.
Basic Ideas: Economic Impacts
There are broader economic effects of building and operating the hotel on San Rafael’s economy including
more supported jobs, new annual business revenues and new tax receipts. Economic impacts come in
three “flavors” starting the same way ripples come from throwing a rock into a still pond; the rock illustrates
the hotel’s construction and operations, rippling out into the broader economy as additional economic
impacts. Figure 1 shows the multiplier effect of these rounds of new spending in theory.
Direct effects come from the hotel construction and daily operations. Indirect effects come from vendor
relationships that become broader spending. For example, during construction there will be materials
and food trucks and purchases made by the developer and on-site workers. The businesses paid from
those transactions are indirectly affected by the hotel’s construction. Once operating, the hotel may
purchase cleaning
services from a third-party
company for sheets,
linens and other laundry
needs. This vendor
spending supports some
portion of the cleaning
company and its
employees as indirect
revenues, wages and
supported jobs. This
indirect spending leads to
induced effects, including
the cleaning company’s
employees spending their wages on groceries, medical visits, restaurant meals, and various other
industries that have nothing to do with the hotel’s operations.
Let’s look first at the construction spending and then hotel operations. The direct economic impacts are
estimated data provided by the developer based on budgets and operations estimates as of February
2019. The broader impacts use the IMPLAN® model1 for San Rafael.
1 See http://www.implan.com for more information on the IMPLAN® model; we use the model for San Rafael’s zip codes.
Total
Economic
Impacts
Induced Impacts
Indirect
Impacts
Direct
Impacts
Figure 1:
Economic
Impacts
5
Estimated Economic Impacts: Construction Spending
Any commercial real estate construction has a period of time where the economic impacts are
due to building the hotel facility before daily operations begin. The estimated budget is:
HOTEL = $23 million construction cost for 140 rooms, with $1.1 million in city fees.
The HOTEL has more land improvements and thus a larger assessed property value after
construction; the augmented property tax revenue is shown in the operations estimates. The
IMPLAN® model has estimates of full-time equivalent employment levels on-site and also the taxes and
business revenues supported by construction spending. Figures 2 through 4 provide the estimated
economic effects. A glossary in the Appendix provides more explanations of some of the major
industries affected below.
Figure 2: Employment Impacts, Hotel Construction, Full-Time Equivalents Supported
Industry Direct Indirect Induced Totals
Hotel Construction 118.4 3.6 1.8 123.8
Wholesale trade 0.0 3.6 1.7 5.3
Health and personal care stores 0.0 3.3 1.4 4.7
Miscellaneous store retailers 0.0 3.1 1.3 4.4
Building material and garden equipment and supplies stores 0.0 2.8 1.3 4.1
Internet retailers 0.0 2.3 1.1 3.4
Electronics and appliance stores 0.0 2.2 1.1 3.3
Real estate 0.0 1.9 1.0 2.9
Architectural, engineering, and related services 0.0 1.8 0.9 2.7
Retail - Sporting goods, hobby, musical instrument and book stores 0.0 1.3 0.9 2.2
All Others 0.0 14.2 22.9 37.1
Totals 118.4 40.1 35.4 193.9
Figure 3: Business Revenue Effects Annually, Hotel Construction, 2019 Dollars
Industry Direct Indirect Induced Totals
Hotel Construction $23,000,000 $930,100 $890,000 $24,820,100
Wholesale trade $0 $407,500 $299,800 $707,300
Rental Income for Property Owners $0 $403,700 $293,500 $697,200
Real estate agencies $0 $373,400 $202,100 $575,500
Building material and garden equipment and supplies stores $0 $300,100 $190,900 $491,000
Health and personal care stores $0 $289,200 $164,100 $453,300
Internet retailers $0 $232,900 $116,400 $349,300
Architectural, engineering, and related services $0 $217,300 $116,100 $333,400
Truck transportation $0 $200,400 $112,200 $312,600
Retail - Miscellaneous store retailers $0 $192,100 $109,800 $301,900
All Others $0 $2,185,900 $2,892,800 $5,078,700
Totals $23,000,000 $5,732,600 $5,387,700 $34,120,300
Figure 4: State and Local Tax Receipts, Hotel Construction, 2019 Dollars
Tax Totals
Employment Taxes $ 57,800
Sales Taxes $ 325,100
Property Taxes $ 379,800
Personal Income $ 510,700
Other Taxes and Fees $ 205,200
One-time City Fees $1,100,000
Total State and Local taxes $2,578,600
6
The construction impacts last over the time of construction, where new property tax revenue (from land
improvements) connect construction impacts to operational impacts.
Estimated Economic Impacts: Hotel Operations
For the hotel, there is an estimated 85 percent occupancy daily with 140 rooms offered 365
nights a year. The average daily rate (ADR) is $250 in year 1 of operations. The ADR is estimated to
rise at two percent per year for years 2 through 5. Overnight stays are just the beginning of revenue
generation. There are also on-site food and beverage and other sales while guests are on property.
Those additional revenues are estimated to be $1,500,000 in year 1 and rising at 1.5 percent per year
years 2 through 5. To summarize:
Hotel room sales = $10,858,750 in year 1 based on occupancy and ADR;
F&B and other sales = $1,500,000 in year 1; and
Annual totals = $12,358,750, rising at a weighted average of 1.88 percent for years 2 through 5.
Because the hotel room and food, beverage and other sales are taxable in their own ways
(transient occupancy tax for hotel stays and sales tax of other sales), there are city and county benefits
from this hotel space in terms of public revenue. Property taxes rise due to the construction
improvements specific to the hotel parcel to a total of $330,000 paid annually by the land owner; other
property tax revenues increase due to the economic activity annually generated by the hotel’s
operations, hiring and broader economic impacts ($248,300). While this additional tax revenue did not
come from operations, these additional revenues are annual, ongoing additions to public revenue
generated from this project. Further, due to enhanced incomes throughout San Rafael and Marin
County, there are other sales tax increases and property tax increases through further retail sales and
land/home transactions respectively.
Property tax increase specific to the property estimated to be $330,000 in year 1 (which is
$290,400 based on hotel improvements), with one percent escalation for each of years 2
through 5;
Sales taxes increase by $135,000 in year 1 based on hotel operations, rising at 1.5 percent
per year (following on-site retail sales) for years 2 through 5; and
TOT taxes rise for San Rafael by $1,085,875 in year 1 and rise 2 percent per year (following
hotel room sales escalation in price) in years 2 through 5.
Visitor spending beyond the hotel space has only an “induced” impact, as there are no ripple
effects otherwise. Those additional spending levels are estimated in the IMPLAN® model results in
Figures 5 through 7. Second, we assume that the occupancy rates and revenue levels hold at the
current levels in a competitive, regional marketplace. From this activity, additional economic impacts
come to the city economy. Also, we assume the current tax rates hold over the next five years, as does
the occupancy rate of 85 percent.
Using the IMPLAN® model, Figures 5 through 7 show the estimated economic impacts from
hotel operations. These figures also provide an estimate of the five-year, cumulative effect of hotel
operations, as each year builds on the next for the San Rafael economy.
7
Figure 5: Employment Impacts, Hotel Operations, Year 1 and Five-Year Impacts, 2019 Dollars,
Full-Time Equivalents Supported
Industry Direct Indirect Induced Hotel Year 1
Five Year
Cumulative
Hotel Operations 58.5 1.2 0.6 60.4 65.1
All other food and drinking places 16.5 0.8 0.6 17.9 19.2
Real estate agencies 0.0 0.7 0.5 1.2 1.2
Full-service restaurants 0.0 0.6 0.5 1.1 1.1
Wholesale trade 0.0 0.5 0.4 1.0 1.0
Limited-service restaurants 0.0 0.5 0.4 0.9 0.9
Advertising, public relations, and related services 0.0 0.5 0.4 0.8 0.8
Management of companies and enterprises 0.0 0.4 0.3 0.8 0.8
Services to buildings 0.0 0.4 0.3 0.7 0.7
Maintenance and repair construction 0.0 0.4 0.3 0.7 0.7
All Others 0.0 6.2 8.0 14.2 15.4
Totals 75.0 12.1 12.4 99.5 107.2
Figure 6: Business Revenue Effects Annually, Operations, Year 1 and Five-Year Impacts, 2019 Dollars
Industry Direct Indirect Induced Hotel Year 1
Five-Year
Cumulative
Hotel Operations $10,858,700 $ 267,900 $ 476,600 $11,603,200 $60,238,500
All other food and drinking places $ 1,500,000 $ 261,600 $ 163,300 $ 1,924,900 $ 9,993,500
Rental Income for Property Owners $ - $ 220,500 $ 158,700 $ 379,200 $ 1,968,600
Real estate agencies $ - $ 158,600 $ 109,600 $ 268,200 $ 1,392,000
Wholesale trade $ - $ 154,100 $ 103,200 $ 257,300 $ 1,335,500
Management of companies and enterprises $ - $ 132,200 $ 88,600 $ 220,800 $ 1,146,400
Advertising and related services $ - $ 113,200 $ 62,800 $ 176,000 $ 913,700
Insurance carriers $ - $ 108,300 $ 62,700 $ 171,000 $ 887,700
Maintenance and repair construction $ - $ 94,900 $ 61,200 $ 156,100 $ 810,200
Cable and other subscription programming $ - $ 83,600 $ 60,200 $ 143,800 $ 746,700
All Others $ - $1,507,300 $1,560,300 $ 3,067,600 $15,926,000
Totals $12,358,700 $3,102,200 $2,907,200 $18,368,100 $95,358,800
Figure 7: State/Local Tax Receipts Annually, Operations, Year 1 and Five-Year Impacts, 2019 Dollars
Tax Hotel Year 1
Five-Year
Cumulative
Employment Taxes $23,600 $ 122,600
Sales Taxes (including on-site spending) $329,700 $ 1,711,600
Property Taxes $248,300 $ 1,289,200
Property Taxes - Hotel $330,000 $ 1,683,300
Personal Income $183,700 $ 953,900
TOT Revenues $1,085,900 $ 5,651,100
Other Taxes and Fees $108,700 $ 564,200
Total State and Local taxes $2,309,900 $11,985,200
8
Conclusions
The construction spending and day-to-day operations after construction and occupancy for the
proposed hotel in San Rafael, California has the following, summary economic impacts on the city’s
economy.
Summary Economic Impacts
Construction impacts:
The hotel is estimated to cost $23 million to construct, and have fees associated of
approximately $1.1 million;
o This spending generates an additional $11.1 million in local business revenues and
support over 193 jobs during construction, including 118 full-time equivalent jobs
associated with the hotel construction alone; and
o Over $2,578,000 in one-time fees and various taxes are generated during construction,
where the change in property tax revenue (including the increase in the parcel’s value
due to the hotel’s assessed value) is ongoing for the city economy.
Operational impacts:
Once construction is completed and guests begin to arrive, the hotel’s business operations generate:
The overnight stays are estimated to provide revenue of $10,858,750 in year 1;
The food and beverage and other sales at the hotel provide another $1,500,000 in year 1;
The total sales of $12,358,750 have economic impacts on other businesses and employees in San
Rafael in year 1 begin the economic impacts for San Rafael’s economy;
o Another $6 million in business revenues for hundreds of businesses throughout San Rafael;
o Supporting over 99 jobs throughout in year one, with approximately 75 workers at the hotel
and associated spaces; and
o $2.309 million in state and local tax revenues generated, including sales taxes on site and
throughout the city of an additional $329,700 in year 1, $1.086 million in TOT revenues and
over $578,000 in new property tax revenues after the hotel’s operations in year 1 ($330,000
of that amount is from the hotel parcel due to the construction improvements as an ongoing
benefit to the city).
o The impacts are ongoing, such that the effects in years 2 through 5 grow due to hotel
revenue growth such that over five years after operations begin:
Business revenues throughout San Rafael rise by $95,358,000;
Total jobs supported on-site and at employers throughout San Rafael is 107 workers;
and
State and local tax revenues are over $11,985,000, with over $5.65 million in new
TOT, $1.71 million of new sales tax revenue (for which San Rafael gets some
proportion); and augmented property tax revenues of $2.97 million of which the hotel
contributes over $1.68 million new property tax revenues.
9
References and Glossary
Data on the hotel’s construction budget and hotel operations data were provided by Monahan Pacific.
Tax rates are as of February 1, 2019.
The following definitions pertain to line items referenced here. Many of these definitions come from the
US Bureau of Labor Statistics. Please see www.bls.gov for further details.
All other food and drinking places: All additional restaurants not captured in limited- or full-service
restaurants, including food trucks.
Full-service restaurants: Establishments primarily engaged in providing food service to patrons wh o
order and are served while seated, and pay after eating. These establishments may sell alcoholic
beverages, provide take-out services, operate a bar or present live entertainment, in addition to serving
food and beverages.
Insurance carriers: insurance agents and businesses
Limited–service restaurants: any establishments whose patrons generally order or select items and
pay before eating. Food and drink may be consumed on premises, taken out, or delivered to customers'
locations.
Management consulting services: businesses hired as consultants to help with company operations,
decisions, and other aspects of running a business.
Management of companies and enterprises: This sector comprises establishments primarily engaged
in managing companies and enterprises and/or holding the securities or financial assets of companies
and enterprises, for the purpose of owning a controlling interest in them and/or influencing their
management decisions.
Medical offices: health care outside hospitals, based on outpatient general care outside of rehabilitation
or skilled nursing and residential health facilities.
Rental Income for Property Owners: The income made by owners of homes they occupy, through rent
payments or other savings due to home ownership.
Other financial investment activities: This industry comprises establishments, not classified to any
other industry, primarily engaged in providing, on a contract or fee basis, miscellaneous financial
investment services, such as trust, fiduciary and custody services, and other investment services.
Internet Retailers: These retail businesses do not have a storefront, but are locally headquartered and
sell their goods and services through the internet or catalogs.
Wholesale Trade: Businesses that connect goods producers to retailers, classic distribution and
wholesale businesses, including Costco.
10
About Marin Economic Forum
The Marin Economic forum provides information and opportunities to collaborate for improving Marin County’s
economic vitality, while seeking to increase social equity and protect the environment.
Please see www.marineconomicforum.org for more information.
Mission Statement
The Marin Economic forum enables Marin’s economic stakeholders* to collaborate on improving the County’s
economic vitality, focusing on Marin’s targeted industries** while enhancing social equity and protecting the
environment.
Marin Economic Forum is…
Connecting Businesses to partners and solutions;
Educating on the importance of business for Marin County’s future;
Providing data and information to help businesses and local governments; and
Supporting economic development efforts for sustainable growth of local businesses.
Strategic Objectives
Attract, retain, and grow businesses and jobs to continually strengthen Marin County’s economy;
Establish periodic forums for the stakeholders to share their visions and goals, to exchange mutually
beneficial information and leverage limited resources;
Collect, analyze and disseminate economic data and trends;
Educate Marin County about its economic successes, challenges, and progress;
Improve “economic sustainability” by prescribing economic development that integrates social equity
and environmental balance with economic growth; and
Encourage governmental bureaucracy reduction and judicious economic policies to support the local
economy and a thriving workforce.
The lead author on this work was Robert Eyler, PhD. Robert acts as MEF’s chief economist. Dr. Eyler earned a
Ph.D. Economics from UC Davis and holds a BA in economics from CSU, Chico.
u
19
1000 Fourth Street. SIc. 290 I San
Te1415 w 707 w 7000 I Fax 415-707-70091
D
Date: A ~ r \ \ \ $"", ';A 0 t ~
San Rafael Planning Division
1400 Fifth Avenue
San Rafael, CA 94901
415-485-3085
Attn: Alicia Giudice
Senior Planner
Dear Planning Commissioner,
I am writing in support of the AC Marriot Hotel on the corner of Fifth
Avenue & B Street in Downtown San Rafael. I am a resident of San Rafael
and I am familiar with the downtown area. I believe both San Rafael and as
well as Marin County will benefit financially, economically, and culturally
from the new hotel
Being a local of resident I know there is a real need for a quality hotel like
the one being presented. The project presents a positive influence and
development that will increase local revenue. I urge you to please approve
this important project.
c. ~ ~ <; r~e.ve-Marin County Resident
San Rafael
/
.f---
AHda Giudice
..... "*£4 ... H :z:: ti+£"+*___ w::
From:
Sent:
To:
Subject:
DJ Nagle <
TuesdaYI March 51 2019 6:37 PM
Alicia Giudice
Hotel Project at 1201 Fifth Avenue
Boyd Court Condominium Owners Association
1115 B Street #400
San Rafael, CA 94901
d
March 4, 2019
Alicia Giudice
San Rafael Community Development Department, Planning Division
City of San Rafael
1400 5th Ave., San Rafael, CA 94901
Dear Ms; Giudice .and members of the~Community PlanhLng Divfsion"
My Dq-'Jl~)S Q~,d~,!'Jagl,~_~:lam ttJe ~r~~.!~,~.0fo~_th~ B~arqJ9.~ Tr:~,.~OY9,g9~rt:C,ondom,ini ,utng~~_~rsA~so~iati~~ _ .. :.~"
--", ,(BCC~~Ja-nd,~'n~o~~'er ~~T~~'~oyd2~:~rt ' C~~domin 'iurns.'la'~'YV;iti:l;g-~OYO~ on be~alf of 'ou(~b';~rd 'of ' ..
, directors and ,the h<?meowners" assod-aiion. We are the condort:liniuni' com'plex located at 1.1:1;3 B Street'-'-the
terra cotta-colored building sandwiched between Umpqua Bank to the south and Boyd Park to the north. With
only Umpqua Bank in between and a slight difference in elevation, we sit directly in line with, and no more
than 100 feet away from, the proposed site for the new 140 room' hotel building at 1201 Fifth Avenue. It is the
belief of the BCCOA that permitting this project to move forward would be detrimental to the value and
enjoyment of the homes in our community. It would diminish our scenic views as well as our privacy and put
further strain on our already existing parking issues.
We are a community of 25 units split up between 3 floors, with 10 uni,ts facing north and 15 units overlooking
downtown San Rafael. From our decks and windows, we enjoy views of the southern San Rafael hills and
Mount Tamalpais. In spring and summer we can spend time on our decks, soaking up the afternoon sun.
However, if AC Marriot is allowed to build their hotel at Fifth and B Street, their imposing, 54-foot-tall
building-the height of which would significantly exceed its neighbors on every corner--would not only greatly
diminish the views of our south-facing homes at Boyd Court, but may also cut out a significant portion of our
sunlight. In particular, the hotel's height would severely impact the views and sunlight enjoyed by our second
1
and first floo(homeowners, leaving them living either in the shadows or in the glare of the reflective surface
indicated in the current building plans for the hotel.
In addition to the loss of sunlight and views, the south-facing residents of our condominium also stand to lose
most of their privacy. Since the Umpqua Bank building is short in structure and the new hotel would be much
taller, the north-facing guest rooms would have a view directly onto the decks and into the windows of our
south-facing units on the third and possibly second floor. Hotel guests would be able to watch us as we spend
time on our decks, in our bedrooms, dining areas, kitchens and living rooms. The only alternative for our
south-facing residents would be to retreat behind our curtains, again taking away our ability to enjoy the
sunshine of warm San Rafael days.
Another issue this new hotel would create for Boyd Court homeowners relates to parking. The Boyd Court
Condominiums are supported by two covered parking areas which leaves us with less than two spaces per
unit. It is only the seven extra spaces of our outdoor guest and overflow parking area-in the lot located on
Fifth Avenue between Umpqua and Union Banks--that keeps both our carport and our garage from being
overtaxed . As it stands, we have t6 fight to protect these outside spaces. With no way to keep drivers out
beyond signa~ethat '21 ,~r.ks our portion o.fthe parking lot,we are reg~larly e~c~~a .ched ~pon_~y ,~ar'mer's
. 'M ~aJke1: p~atr9:Q .~~~St ~j~a.ph 'a~I ' padshiong-rs ;:aIld ·:d"elb!ery;drl\f-_eJsJrQJ.rtA.iriJ~j~sj:ast' Cbast PizzerLa..;i~,,S~well,qs __ ~ ___ ~. __ ", ,~,-=_-~~_ . . ~. . ! .' ~ .. . -. ., . _. ,0. , ." • ., ;. " :. ,." .' ::. • _ ~ , • _ i -" .' I .' •
downtown vh~jtors looking for unpCJid parkIng. If the new hotel wereJo be built, it would, ,Only ,compound this
very r'eaLprobJem. ..:..:::-r .'
According to details presented at the previous design review board meeting, the hotel would have a parking
garage allowing space for 86 vehicles. With 140 guest rooms and a staff of 3D, this parking structure would
provide for only half of the hotel's needs on a busy day, leaving a sizeable number of employees and guests to
hunt for parking on city streets and in public lots. With Boyd Court's open guest parking directly across the
street from the entry/exit of the hotel's parking lot, it's not a stretch to believe that many would find their way
into our lot, taking spaces from our residents who are actually entitled to use them.
A closely related issue that we would also ask you to consider concerns the impact of what all these additional
cars would have on our already crowded streets. As it is, traffic slows to a crawl during peak times, and
although the Smart Train is a welcome improvement, the stoppage of traffic while waiting for trains to pass
hasn't helped traffic matters any. The added traffic that comes with a large hotel would make driving in
downtown San Rafael during rush hour a chore like no other.
2
f----
As our final point, we would like to refute AC Marriot's claim that short-term housing is necessary in
downtown San Rafael. San Rafael is not a tourist destination and as business districts go, we are qU.ite small,
catering mostly to small local merchants. Furthermore, we have two fine hotels filling the short-term housing
needs that already exist..The Embassy Suites and Four Points San Rafael 'are only two freeway exits from the
downtown area and are well served by both Golden Gate Transit and the Smart Train. Patrons of either hotel
have no more than a two block walk to the nearest stop to catch what equals a five or so minute ride into
town. For guests with cars, the trip is even simpler and quicker.
To sum up the concerns of the members of The Boyd Court Condominium Owners Association, we fear that
the building of this hotel would diminish the homeowner privacy, sunlight, landscape views and parking
privileges that make our condominium' complex such a desirable place to live. We also believe these negative
impacts on our quality of life would be detrimental to our property values. All of this for a hotel that would fit
poorly into the existing ambiance of the city, would only worsen traffic on our streets and Would serve no
need except for one that has already been filled.
" The Boyd~dGrt :Cbndominiums h~'y~ JJ~ .. ~'n a'partof the dbwrltown.: San ~Rafaelcom ,munitY-:r9t:.i5 'Y~a'is: Our,."
building was orig.inally designed. to .be a five story structure, but d.ue to .the .. concerns oJ the Laurel Heights
community, 'we were scaled down ''tc; the three story building we are today. As you mak~"'d 'ecisions about this
hotel project, we ask that you gIve us the same consideration accorded to those homeowners so many years
ago. Please do not allow this ill-conceived project to move forward. Make the current residents of downtown
San Rafael your first priority a'nd preserve the history and aesthetics we have created in our great city.
Sincerely,
The Boyd Court Condominium Owners Association Board of Directors
3
From:
Sent:
To:
140 Room at 1201 Avenue
1201
1
radius and many were left unaware. This can't possibly be considered sufficient notice by anyone with
common sense.
The residents of downtown San Rafael are what give the city its heart. We have a strong voice and
deserve to be heard. I ask that you not let the DRB just give this hotel project a pass. Please listen to
. the community and make the developer supply answers for all of the board's requests and for those of
the San Rafael citizens. Require the developer to scale back the project and make it a better fit for our
community.
. :
Sincerely,
Darla Nagle
~ .... .:-
2
March 4, 2019 .
To: Alicia Guidice, project planner '
Re: Hotel at 1201 FifthAvenue
Dear Alicia,
I would like to add my voice to those opposing the construction of a hotel at 1201 Fifth Avenue,
on the comer ofB Street and Fifth Avenue. Following are my' concerns:
Fit:
The project is located in the FifthJMission Residential/Office district. As the name of the district
suggests, a residential project would be appropriate as well as needed at this location. A more
desirable location for an AC Marribt type hotel would be in the Fourth Street Retail Core district
across from the proposed Bio Marin complex, or better yet, close to the freeway.
The regulations for the district encourages residential uses and structures no higher that three
stories (see text copied from City of San Rafael below in blue, in particular: "Building heights
will typically range from one to three (3) stories"). A hotel, and particularly one of this size and
height (five to six stories), does not belong in this neighborhood.
~ . ~ '. ;. . . . . ., .. ~"'. '. . ..... ~ ... t .· .•.•...
It is further stated that "This area is a desirable location for residential uses because of the
convenience of living close to downtown's cultural, entertainment and shopping opportunities."
This is nota residential use.
Fifth/Mission Residential/Office District (5/M RiO).
l.
Existing Character. The Fifth/Mission residential/office district is a mixed-use residential and
office area between the Fourth Street retail core and nearby residential areas. Many 'cultural and
civic uses, such as city hall, the Falkirk Cultural Center and the San Rafael Mission, are in or
adjacent to this district. Fifth and Mission Avenues have some of downtown's nicest places
because of their beautiful street tree canopies, historic buildings, and Boyd Park.
2.
Allowed Uses. The Fifth/Mission district should continue to have residential, office, civic and
cultural~ses . The district provides suitable sites for a wide variety of office uses, including
medical, bank, professional and administrative offices. These uses are compatible with
residential uses, provide a sensitive transition between the core and the neighborhoods, and are
better located along Fifth and Mission than on downtown's retail streets. Cultural and
educational uses are allowed throughout, and ground floor retail and personal service uses are
allowed from "C" Street east, on cross streets between Fourth Street and Fifth Avenue. Linlits on
retail uses and drive-up uses protect the livability of the Fifth/Mission district. This area is a
to
3.
eXlPe(::;teo to I"A1'Y'1 ..... ol:"o
Impa(:;t on must
enter
it
ovi"A ..... ri0 to
want to
are mature trees
a on our
February 26,2019
Community Development Department Planning Division
City of San Rafael
1400 5th Avenue
San Rafael, CA 94901
Re ,: Prnject12Dl fifth Avenue
Dear Sir or Madam,
RECE~VED
~~R 051019
\pU'\NN~NG
I am writing to you today to voice my strong opposition to this project as proposed. I a m currently in Arizona -so I
will be unable to attend the March 5, 2019 meeting. I am a 20+ year Downtown San Rafael resident homeowner
and taxpayer and this project, if approved as proposed will eliminate almost 100% of the quiet enjoyment of my
residence.
As you are aware, both residential and business areas of Downtown San Rafael are very densely built. We already
have significant issues'with traffic and'parking in the Downtown area. sthAvenue paftkular~YI ~s a thoroughfare to
the West end and to the San Anselmo and Fairfax communities.
I attended the July 17, 2018 meeting on this project and was particularly disturbed by the Applicants responSe 'tQ
Committee Members' questions relating to parking issues, most specifically when asked where Hotel Employees
would park. I felt is was extremely offensive and thoughtless when the applicant replied that other than a couple
of on-site parking spaces for Management, employees wO,Lild park in the neighborhood .. This is very offensive to
Downtown residents. ,We all know that this City was built in the no vehicle or one vehicle , per' family era. The
majority of us who live in ,the Downtown area are extr~rnely lucky to have one off street;rlarking space or
driveway. Therefore, Downtown residents would be expected to compete with hotel employees for parking inour
neighborhoops.ltis a'iso very offensive as it IS a known fact that the majorIty of non management hotel workers
are low wage food service or housekeeping employees and therefore not likely to utilize or afford paid parking
structures within the city.
C-urrently, I own and occupy a condominium located at 1115 B' Street, S'an Rafael CA. OUf complex is a 25 unit 90%
owner occupied property located less than 100 feet from the proposed project. The impact of this project if
approved as proposed will have a very significant negative impact on our residents and our property values. Our
complex is sf'Eweted ·at a,muchhigner,efe-v-ation than,theproposed, hotel, the current-desig:n wHi corh'pl€te~y
eliminate privacy in 15 of our 25 units. Given the design of this proposal, all North facing guest rooms will have
through & through views of all of our units, both bedrooms, living space, private outdoor decks, and kitchens. Our
only remaining qr~ClS_ Qf privaccV win be our bathrooms and a portion of our~ining(;lreq!?! I fe.el is thoughtless and
unacceptable considering that this building could easily be designed with all guest room windows oriented on the
East side facing 1101 5th which is an office building, the South overlooking downtown business and offering
spectacular views of th.e hills and Mt. TaJl1~lp ,aisi or the lIVest overlooking the C Street parking str.ucture and the
new Public Safety building and not intrude on the solitude or privacy of even one Downtown resident.
Additionally, this behemoth of a building will completely eliminate the views of 10 of our units located on the 1st
and second floors of our complex and approximately 70% ofthe views from 3rd floor residents. Given the
reflective nature of the building materials chosen for this project, any possible remaining views will likely be
obstructed by glare. AlliS of our units will also have to endure the "full moon effect" caused be spill light from
this building. The parking for our units will also suffer as our entire visitor parking and overflow parking is located
directly across the street in the lot between the Umpqua Bank and Union Bank buildings. We already have very
serious issues with these parking spaces. They are all clearly marked as restricted with legal towing notices but this
still does not deter illegal parking. It is certain that this hotel will exacerbate this problem for us. All of these
issues stated in thi's paragraph will also direCily'impactour neighbors anywhere up the hill in a similar fashion.
:in oLirUOVIii1tOVVi1. To
r1,"'..,,....,·0£> with the of the need for a hotel nY'r'n,... .. ht
research indicates·that hotel occupancy has declined since of 2017 in
nrr,norrU:l<:: in their current location·s. This hotel as nrr\nl"l,~orl
2018 the cited the needs of Bio
urban
.hr~n.d1." fit. Jt i.S Jwt
a fit in the addition to our but I
should consider
IJ'" 111"11'\'1 '" r in
and the use of their and food service is open to
have OJ's on the weekends etc etc.} all free to the
In rlt:ltH::ol\J built. Traffic is at its limit, is less than would be an
to see the removal of the tree
eltminates them. i feei
eyesore in
lines un B Stre·et and
that this if ",nr,rnl,/orl
to come.
architecture. I would also be avt· ... aY"noll\l
for years and years
l>ll~~t>l {{~lft~"
t
s.\.I~Tl\lNt-:.¥il.'f S0 nF:·~jf,:k l .u~2
BOARD OF DIRECTORS
William Carney, President
. Bob Spofford, Vice President
Jerry Belletto, Secretary
Greg Brockbank
Jim Geraghty
Linda M. Jackson
Kay Karchevski
Kiki La Porta
Je sse Madsen
Samantha Mericle
Sue Spofford
415.457.7656
Design Review Board
City of San Rafael
1400 Fifth Avenue
San Rafael, CA 94901
RE: Downtown Hotel Proposal
Honorable Board Members,
March 19, 2019
Following review of the revised hotel drawings online, we offer these
suggestions for improving the surrounding pedestrian environment:
1. Add a welcoming entry to the B St~eet lower lobby directly from
the sidewalk. The current pedestrian path there appears to be
impeded by a column and inaccessible. A door directly from the
sidewalk would greatly improve the building's presence on B Street,
and more importantly the pedestrian and visual connection to 4th
Street. This may involve some minor reworking of the lower lobby, to
the benefit of both hotel patrons and the general public.
2. Treat the double-width auto entries (from both B and 5th) as
drivew~ys over the sidewalk, rather than as curb cuts. Pedestrians
inth~ public right-of-~a:y sh~~ld not be forced to step .down from their_
. relatively safe sidewalk realm into a street;..JeveLulto realm servinga
private entity. Special paving treatments should also be considered, to
alert both pedestrians 'and drivers to this, shared zone.
3. Move the trash area at the 5th Avenue auto entry away from the
public sidewalk by flipping it with the (designated loading zone',
placing the trash further inside the building (and right next to the
kitchen, a primary generator of the messiest trash).
4. Specify la~ge-scale street trees, preferably deciduous, to soften and
humanize the scale of the building in keeping with the rest of the city.
Thank you for your consideration.
Sincerely,
Jerry Belletto,
Sustainable San Rafael Board Secretary
CC: Raffi Boloyan, Community Development
Paul Jensen, Community Development
Danielle O'Leary, Economic Development
Bill Guerin, Public Works
4,
o 0 Q
7, 9
II'lI\ln~II"I\r.i'lO CommuUee ~Oli' IEconomnc 1[]9velltr.blll)ma~ll1l1t cTHnJ(ti Affoll'dab~e 1~llftnn~iirr1l11'il
of Saln Rafae~
. lfhfirrdl F~ooli' Conference lHlal~~
11=>1l:ll1f'llll'mn~ni'l1 11 2tlJl19
Bill Andrew I'lrilri-I-';;;It-!St-! Dirck I-!rllnf"!<'orrll'"lt1'
Jonathan Parker
1. Cal~~ fto orrderr: Mr. called the CAC rY'Iootl ... ',.... to order at 7:02 pm.
2. Itl\ll'Illnli".n,U~1I of November 1st limt!:l,J!:lIltnrrilO'\l Notes: ~nr",rl'"l\/c.n with edit to item 5: corrected "" .... e''''' ......... of last .
name Andrea de la Fuente.
Dowll1town lHlote~
"""1""'\1"\",,.,1 for a new hotel located in downtown San
'"' ....... ,n"'n The hotel would be under the
conference space at the
go before the Review Board in
ex~)ectea to late this year and with a
As an action from the VVl""",'I'lr.,.. the CAC will draft a letter to the
the
a.
in downtown San
br;;rralncnsco/~'ilafl1irillPfi:on ~nll1l: The owners had nrOCOr1ltort
San Rafael \I\fl'"l,rlnr,n
there were still some concerns ron-:::lrnllnn
site is not ideal and rc.n,oHcdn!",lnn
rO~'f"tCl,rt T-::U/l'"llr-:::lnIU to the ..... "1"',..'1'
tY'IOotll"H' room or
groups. The will
with construction
Council ovr\rO(~Clrln for:
of an H2/Hiiton
hotel would have between rooms.
b. MarroD1l ~lDlilJli3lr\~: nrnnc.rt" owner for the center after much interest was shown
n1''''', nl"\"''''1 on file with for a
situation has existed at this site for a while. Several CAC members SU<JqE~stE!a i"'Il"f"I-:::If"TI\,rOI\/ \fl/nrll'lrln
with the owner and other members to n ..... 'I'On·rl~ll\I have a laborer a model
that has worked in other communities.
c. is still rnn.H.,..,.rt on the .. ,..,..,"' ........... , of
the site is under way. The EIR
d. Wat~k: The ~CrJIRa·-nrJ("!K Review Board in
where the ........ "'."" ..... 1" .... size. The CAC
soCAC
a
~1~lnnlnrl Commission
to be heard at I..JI..."n .... ,y,rc
a nrc.~t.:::.r
moderate income and affordable
'1', .... ' ......... , .... '" mechanisms to increase ...,'\"1""'r ...... ...,I"\'I''I'\I
o. [Ecoll1lomoc all1ld Affoll'da[b~e
behalf of Director He described the
would include 68 for-sale townhome units at
about the Tivoli that were ro .... onthJ InC-T...,IIOri
that will soon at TKT
i. AII1l(njlUlal~ !E~ectDOD1l of Offficelrs: nnfuo.;;nlll~~tlf'\r'C-to the officers elected for a
Chair: Bill
Vice Chair: Andrea de la Fuente
tiecre!tarv: Andrew 1\I:::lII:::l-I-(IP~~P
term:
Discussion in connection with the election SU~me!stE!d an enhanced role for the Vice Chair V'\l"'\C~'Tlr,n
UIJUCll,v on Just Cause Evictions
Discussion of new business recruitment materials and
h:'Qlnnrtc on the General Downtown Precise and CCAP 2030 thereafter.
~. A,[!JHoa.Uli'll1lme!lI1l1!:: 1\1I==Tlr,rt was at 9:07 pm.
submitted Andrew
From:
Sent:
To: Alicia Giudice
Mills
11,20195:08 PM
Hotel on 5th Avenue
we
1
at
at
May 17, 2019
San Rafael Planning Division
1400 Fifth Avenue
San Rafael, CA 94901
Attn: Alicia Giudice
Senior Planner
Dear Planning Commissioners,
I am writing in support of the AC Marriot Hotel proposed for Downtown
San Rafael. I am a local business owner in the downtown area. I believe
the new hotel project will increase the vitality of the downtown area, I
believe my business will benefit from the new hotel.
The hotel is a great project that will have positive influence in the
community and will increase the "Alive After Five" goal to active the
d _owntown community. Please support the Downtown Community by
approving this important project.
Your Sincerely,
V
Signature:
l) vs it Al t-t-AfLt-
Business Name:
11W ~flrJP
\
May 17, 2019
San Rafael Planning Division
1400 Fifth Avenue
San Rafael, CA 94901
Attn: Alicia Giudice
Senior Planner
Dear Planning Commissioners,
I am writing in support of the AC Marriot Hotel proposed for Downtown
San Rafael. I am a local business owner in the downtown area. I believe
the new hotel project will increase the vitality of the downtown area, I
believe my business will benefit from the new hotel.
The hotel is a great project that will have positive influence in the
community and will increase the "Alive After Five" goal to active the
downtown community. Please support the Downtown Community by
approving this important project.
Your Sincerely,
fJ i{1 ()._Ji( fj f1 (.
Signature:~/!~~
Business Namer✓·; CJ/I 1..,,/0 Joi() Y}
Email:
May 17, 2019
San Rafael Planning Division
1400 Fifth Avenue
San Rafael, CA 94901
Attn: Alicia Giudice
Senior Planner
Dear Planning Commissioners,
I am writing in support of the AC Marriot Hotel proposed for Downtown
San Rafael. I am a local business owner in the downtown area. I believe
the new hotel project will increase the vitality of the downtown area, I
believe my business will benefit from the new hotel.
The hotel is a great project that will have positive influence in the
community and will increase the "Alive After Five" goal to active the
downtown community. Please support the Downtown Community by
approving this important project
Your Sincerely,
Signature:
Business Name:
Email:
~-
May 17, 2019
San Rafael Planning Division
1400 Fifth Avenue
San Rafael, CA 94901
Attn: Alicia Giudice
Senior Planner
Dear Planning Commissioners,
I am writing in support of the AC Marriot Hotel proposed for Downtown
San Rafael. I am a local business owner in the downtown area. I believe
the new hotel project will increase the vitality of the downtown area, I
believe my business will benefit from the new hotel.
The hotel is a great project that will have positive influence in the
community and will increase the "Alive After Five" goal to active the
downtown community. Please support the Downtown Community by
approving this important project.
Your Sincerely,
Mcl-bct
Signature:
· 0 #' \ \, 0 eel le~ Business Name:
1
q..,-t ~
Email: l '\.
l, ,4' l
May 17, 2019
San Rafael Planning Division
1400 Fifth Avenue
San Rafael, CA 94901
Attn: Alicia Giudice
Senior Planner
Dear Planning Commissioners,
I am writing in support of the AC Marriot Hotel proposed for Downtown
San Rafael. I am a local business owner in the downtown area. I believe
the new hotel project will increase the vitality of the downtown area, I
believe my business will benefit from the new hotel.
The hotel is a great project that will have positive influence in the
community and will increase the "Alive After Five" goal to active the
downtown community. Please support the Downtown Community by
approving this important project.
Your Sincerely,
\
(l~ ~
Signature: ~ ~ ~ ~
lu A, M l'Ll/·. __. "_LJ!le... ZN(:__ Business Name: riLffl (V~,.,.. <-Ja--1 o'1 u
Email:
May 17, 2019
San Rafael Planning Division
1400 Fifth Avenue
San Rafael, CA 94901
Attn: Alicia Giudice
Senior Planner
Dear Planning Commissioners,
I am writing in support of the AC Marriot Hotel proposed for Downtown
San Rafael. I am a local business owner in the downtown area. I believe
the new hotel project will increase the vitality of the downtown area, I
believe my business will benefit from the new hotel.
The hotel is a great project that will have positive influence in the
community and will increase the "Alive After Five" goal to active the
downtown community. Please support the Downtown Community by
approving this important project.
Your Sincerely,
~ fr.5 6 /\.\ i1I. TTL/t
Signature:?-~
Business Name: JPUH Ubf/1 l,J;'Nl)/)./~
-
Date:
San Rafael Planning Division
1400 Fifth Avenue
San Rafael, CA 94901
Attn: Alicia Giudice
Senior Planner
Dear Planning Commissioners,
I am writing in support of the AC Marriot Hotel proposed for Downtown
San Rafael. I am a local business owner in the downtown area. I believe
the new hotel project will increase the vitality of the downtown area, I
believe my business will benefit from the new hotel.
The hotel is a great project that will have positive influence in the
community and will increase the "Alive After Five" goal to active the
downtown community. Please support the Downtown Community by
approving this important project.
Your Sincerely,
fl .c.
Local Business owner I.rt)'(\ 5~nv·--5;
Date:
San Rafael Planning Division
1400 Fifth Avenue
San Rafael, CA 94901
Attn: Alicia Giudice
Senior Planner
Dear Planning Commissioners,
(
I am writing in support of the AC Marriot Hotel proposed for Downtown
San Rafael. I am a local business owner in the downtown area. I believe
the new hotel project will increase the vitality of the downtown area, I
believe my business will benefit from the new hotel.
The hotel is a great project that will have positive influence in the
community and will increase the "Alive After Five" goal to active the
downtown community. Please support the Downtown Community by
approving this important project.
1 o.\ C \ f'J\.o-'f' 0-
Lo cal Business owner
.--•·'
May 17, 2019
San Rafael Planning Division
1400 Fifth Avenue
San Rafael, CA 94901
Attn: Alicia Giudice
Senior Planner
Dear Planning Commissioners,
I am writing in support of the AC Marriot Hotel proposed for Downtown
San Rafael. I am a local business owner in the downtown area. I believe
the new hotel project will increase the vitality of the downtown area, I
believe my business will benefit from the new hotel.
The hotel is a great project that will have positive influence in the
community and will increase the "Alive After Five" goal to active the
downtown community. Please support the Downtown Community by
approving this important project.
Your Sincerely,
Signature:~~
Business Name: F~r:,.._k/ HCA r
Email:
May 17, 2019
San Rafael Planning Division
1400 Fifth Avenue
San Rafael, CA 94901
415~
Attn: Alicia Giudice
Senior Planner
Ali cia.gi udi
Dear Planning Commissioners}
I am writing in support of the AC Marriot Hotel proposed for Downtown
San Rafael. I am a local business owner in the downtown area. I believe
the new hotel project will increase the vitality of the downtown area, I
believe my business will benefit from the new hotel.
The hotel is a great project that will have positive influence in the
community and will increase the "Alive After Five" goal to active the
downtown community. Please support the Downtown Community by
approving this important project.
Your Sincerely,
Business Name: l--und7 J /tOf"Ylf_
Email:
May 17, 2019
San Rafael Planning Division
1400 Fifth Avenue
San Rafael, CA 94901
Attn: Alicia Giudice
Senior Planner
Dear Planning Commissioners,
I am writing in support of the AC Marriot Hotel proposed for Downtown
San Rafael. I am a local business owner in the downtown area. I believe
the new hotel project will increase the vitality of the downtown area, I
believe my business will benefit from the new hotel.
The hotel is a great project that will have positive influence in the
community and will increase the "Alive After Five" goal to active the
downtown community. Please support the Downtown Community by
approving this important project.
Your Sincerely,
\<(.'.)~VL_ ~~'"
Signatur~ r '::1 o____ .___
Business Name: :$ y'-\-,-..\ \/2.i\-F~ t-~ Cti tl C6 ...
Email:
Community Development Department – Planning Division
Meeting Date: April 23, 2019
Agenda Item:
4
Case
Numbers:
IS19-001/P17-007
Project
Planner:
Barry Miller:
(415) 485-3423
REPORT TO PLANNING COMMISSION
SUBJECT: San Rafael General Plan 2040 and San Rafael Downtown Precise Plan Scoping
Session – Scoping hearing for the Notice of Preparation of an Environmental Impact Report (EIR)
to assess the impacts of adopting an updated San Rafael General Plan for Year 2040, and a Precise
Plan for Downtown San Rafael. Case Number(s): IS19-001/P17-007
EXECUTIVE SUMMARY
The California Environmental Quality Act (CEQA) requires that a “scoping session” be convened prior to
the start of an Environmental Impact Report (EIR) to give the public a chance to weigh in on the
environmental issues that should be addressed as the EIR is prepared. In this instance, the scoping
session will provide an opportunity for the public to speak on issues relevant to the adoption of the General
Plan and Downtown Precise Plan, both of which are scheduled for completion in early 2020. Although the
plans themselves are not yet written, the scoping session provides a chance to identify issues of
importance to the community, which may subsequently be analyzed as the project takes shape.
The General Plan is a state-mandated document that includes goals, policies and actions for land use,
transportation, housing, safety, noise, open space, conservation, economic development, community
design, parks and recreation, environmental justice, and other topics relating to San Rafael’s long-term
future. The Downtown Precise Plan is a separate document covering the 265-acre Downtown area. It will
provide more focused guidance on many of the topics covered by the General Plan, including regulatory
standards. A single EIR will cover both documents.
RECOMMENDATION
It is recommended that the Planning Commission take the following action:
1. Accept public testimony on the Notice of Preparation (NOP) and scope of issues to be addressed
in the EIR.
2. Direct staff to prepare a Draft Environmental Impact Report (DEIR), taking into consideration verbal
and written comments received during the scoping period.
BACKGROUND
A General Plan Update is considered a “project” under the California Environmental Quality Act (CEQA).
Likewise, the Downtown Precise Plan will include specific recommendations that may affect the
environment and is also considered a “project.” The City of San Rafael is the Lead Agency for both
projects, meaning it has the primary responsibility for approving each Plan and implementing each Plan
REPORT TO PLANNING COMMISSION –
Case No: IS19-001/P17-007
Page 2
after it is adopted. The City has determined that adoption of the plans could result in potentially significant
environmental impacts and that an Environmental Impact Report (EIR) is required.
A Notice of Preparation (NOP) was issued on March 29, 2019. The NOP is a legally required document
that announces the initiation of an EIR process and solicits comments regarding the scope of issues to be
addressed. Copies of the NOP were mailed to the State Clearinghouse, responsible and trustee agencies
(e.g., agencies that could potentially be affected by the project’s impacts or are responsible for land or
services in the project area), and interested parties and groups, In addition, a legal ad was published in
the Marin Independent Journal on March 31, 2019 announcing the issuance of the NOP and start of a
state-mandated 30-day public comment period.
The April 23 Planning Commission meeting provides an opportunity to solicit comments through oral
testimony. This supplements the opportunity to submit written comments, which has been provided through
a review period ending April 29, 2019.
PROJECT DESCRIPTION
General Plan 2040
California state law requires every city and county to adopt a general plan to guide land use and
development, usually over a 20-year time horizon. The General Plan must be periodically updated in
response to new state laws, changing conditions, and emerging issues and opportunities. San Rafael’s
existing General Plan was prepared in 1999-2003 and was adopted in 2004, with a horizon year of 2020.
Since the horizon year is approaching, the City is updating its plan to extend the planning period to 2040.
The San Rafael General Plan 2040 will build off the current General Plan 2020 and provide a framework
for land use, transportation, and conservation decisions for the next 20 years. The General Plan Update
does not include an update of the Housing Element, except as necessary to ensure that the Element is
consistent with the rest of the Plan. The Housing Element is scheduled for an update in 2023, in
accordance with a schedule established by the State of California.
The new General Plan incorporates regional forecasts for population, households, and employment
prepared by the Association of Bay Area Governments / Metropolitan Transportation Commission
(ABAG/MTC) as part of long-range regional plans that are mandated by the State under SB 375. These
forecasts indicate a net gain of about 2,800 households and 5,600 jobs in San Rafael between 2010 and
2040. This growth can generally be accommodated without significant changes to the existing General
Plan Land Use Map. However, changes to the Map may be considered through the Plan update to better
achieve local housing and economic development objectives, address natural hazards and climate change
issues, and respond to transportation and community service opportunities and constraints.
In addition, policies in the existing (2020) General Plan will be updated to respond to SB 379 and AB 1241
(addressing hazard mitigation, climate resilience, and wildfire hazards), SB 743 (addressing the way in
transportation impacts are measured), SB 1000 (requiring an environmental justice element) a nd other
state laws. The Plan will also be reformatted and reorganized, with several elements combined or
reconstituted. Each policy in the existing General Plan is currently being “audited” to determine its
continued relevance, and the programs that implement each policy are being updated to make the Plan
more relevant and effective.
The General Plan covers all land within the City of San Rafael, plus unincorporated areas beyond the city
limits that are relevant to its future. The latter areas include unincorporated neighborhoods within the
REPORT TO PLANNING COMMISSION –
Case No: IS19-001/P17-007
Page 3
sphere of influence (Los Ranchitos, Country Club, Santa Venetia, Bayside Acres, the San Rafael Rock
Quarry, etc.) and areas outside the sphere but close to the city, including Marinwood and Lucas Valley.
As currently envisioned, the General Plan will include the following Elements:
1. Land Use
2. Community Design and Preservation
3. Neighborhoods
4. Downtown
5. Open Space and Conservation
6. Environmental Hazards
7. Noise
8. Transportation
9. Parks and Recreation
10. Arts and Culture
11. Community Facilities and Infrastructure
12. Housing (not being updated)
13. Economic Vitality
14. Education, Wellness, and Environmental Justice
Downtown Precise Plan
As noted above, the “project” also includes a Precise Plan for Downtown San Rafael. The Precise Plan is
a legal tool for planning an area within a jurisdiction at a higher level of detail than is possible or appropriate
in the General Plan. While the General Plan is a broad, aspirational policy plan, the Precise Plan includes
zoning-level regulations (development and use standards) and site-specific recommendations, as well as
a strong focus on placemaking and design, economic development, historic preservation, and localized
transportation and parking issues.
The Precise Plan is intended to build on a number of plans that have been prepared for Downtown over
the last 26 years, including the Downtown Vision adopted in 1993 and the Station Area Plan adopted in
2012. The Plan will respond to new opportunities created by the presence of SMART rail and market
demand for housing, office, hospitality, restaurant, and specialty retail space in the Downtown area. The
Plan will also address challenges facing Downtown, including sea level rise and flooding, traffic congestion
and parking, homelessness, and the evolving retail market. Preparation of the Precise Plan has been
made possible by a grant from the Metropolitan Transportation Commission.
The Downtown Plan Area boundary encompasses 265 acres. It extends from the west end of Fourth
Street (at the Miracle Mile) on the west to the Montecito Shopping Center on the east, and from north of
Mission Street on the north to Albert Park on the south.
Program Objectives
Both the General Plan and the Downtown Plan are intended to protect sensitive natural resources,
minimize environmental impacts, and reduce exposure to hazards. To the extent feasible, General Plan
policies will be written to be “self -mitigating” by providing direction that minimizes environmental impacts
and conserves natural resources. Nonetheless, the potential for significant impacts may still exist even
after such mitigating policies are adopted. The EIR provides a means of disclosing those impacts a nd
addressing them proactively as the Plan is implemented.
REPORT TO PLANNING COMMISSION –
Case No: IS19-001/P17-007
Page 4
Community engagement is essential to both the General Plan and the Downtown Precise Plan. A 24-
member Steering Committee (with 22 alternates) has been appointed to guide the planning process and
provide feedback on potential goals, policies, and programs. The City is also convening “town hall” and
“pop-up” style workshops, attending the regular meetings of established community organizations and
neighborhood groups, conducting interviews with stakeholders, and providing outreach to under-
represented groups such as youth and non-English speakers (through Spanish language workshops). A
robust on-line engagement program also has been created, including a community feedback platform
(Neighborland) and a project website. Regular briefings are being provided to City Commissions and the
City Council.
ENVIRONMENTAL ANALYSIS AND REVIEW
Pursuant to Section 15082 of the California Environmental Quality Act (CEQA) Guidelines, a Notice of
Preparation (NOP) was published on March 29, 2019. The NOP announced the start of the EIR process
and solicited comments from responsible and trustee agencies, utility providers, organizations,
environmental groups, and homeowners associations in the San Rafael area.
The following environmental factors were listed as potentially affected:
• Aesthetics
• Agriculture and Forestry Resources
• Air Quality
• Biological Resources
• Cultural Resources/ Tribal Cultural
Resources
• Energy
• Geology and Soils
• Greenhouse Gas Emissions
Hazards and Hazardous Materials
• Hydrology and Water Quality
• Land Use and Planning
• Mineral Resources
• Noise
• Population and Housing
• Public Services
• Parks and Recreation
• Transportation
• Utilities and Service Systems
• Wildfire
The City is currently seeking the views of other regulatory agencies, as well as the general public, on how
the EIR should address each of these topics. For the regulatory agencies, comments typically relate to
topics germane to the agency’s responsibilities (for example, Caltrans typically comments on transportation
and the Air District typically comments on air quality). For the general public, a wide variety of
environmental issues may be raised.
The EIR for the General Plan and Downtown Precise Plan will be a Program EIR. Program EIRs are
used to evaluate projects that are implemented through a series of actions over a long time period, rather
than the building of a specific project on a specific site. Thus, the EIR will look at the cumulative
projected effects of adding a given amount of population, housing, and employment over a 20-year
period in a manner consistent with the two proposed plans. It will also evaluate the general effects of
implementing the policies and programs in the General Plan and Precise Plan on each of the topic areas
listed above. A Program EIR can simplify the process of preparing environmental documents for projects
in the future when those projects are consistent with the General Plan and Downtown Plan. Where
appropriate, more focused, site-specific environmental studies may be required for such projects as they
are proposed.
REPORT TO PLANNING COMMISSION –
Case No: IS19-001/P17-007
Page 5
NEXT STEPS
As noted above, the 30-day public review period for the NOP ends on April 29, 2019. Persons who testify
at the April 23 Commission hearing will be encouraged to also submit their comments in writing. Comments
should focus on potentially significant environmental effects, ways in which those effects might be
minimized, and potential alternatives to the project (alternative growth and development scenarios, etc.).
Following the close of the NOP review period, City staff and the EIR consultant (Placeworks) will review
comments received and begin preparing the Draft EIR (DEIR).
The DEIR will be completed in phases. The first phase consists of documenting the “setting”—or existing
conditions---in each topic area for the city as a whole and for the Downtown area. This will be done
throughout Spring and Summer 2019. The second phase consists of evaluating the impacts of project
alternatives. This may include alternative distributions of growth and development, different transportation
projects and strategies, and different policy approaches to particular issues. Completion of the DEIR,
including assessment of impacts and identification of mitigation measures, will take place in early 2020.
Public hearings before the Planning Commission will take place at that time, concurrently with the hearings
on the General Plan and Downtown Precise Plan. A 45-day public review period will be provided,
concluding with a hearing before the Planning Commission.
Once the review period for the DEIR has ended, responses to comments will be prepared and a Final EIR
(FEIR) will be assembled. The Planning Commission will hold another hearing to consider a
recommendation for the City Council on the General Plan, the Downtown Precise Plan, and the EIR for
both projects. One or more hearings before the City Council will then take place.
CORRESPONDENCE
As of Wednesday, April 17, 2019 (the time of printing and releasing the staff report), correspondence in
response to the NOP included a letter from the Federated Indians of Graton Rancheria requesting
consultation as part of the environmental review process. Correspondence received between April 17 and
April 23 (the day of the Commission hearing) will be provided during the scoping session.
EXHIBITS
1. Notice of Preparation for General Plan/ Downtown Precise Plan EIR, including maps
Notice of Preparation
Environmental Impact Report
City of San Rafael
Date: March 29, 2019
To:
State Clearinghouse
From:
Barry Miller, Consulting Project Manager
State Responsible Agencies City of San Rafael
State Trustee Agencies Community Development Department
Other Public Agencies 1400 Fifth Street
Interested Organizations San Rafael, CA 94901
Subject: Notice of Preparation (NOP) of the Draft Environmental Impact Report (EIR) for the
General Plan 2040 and Downtown Precise Plan
Lead Agency: City of San Rafael Community Development Department
Project Title: General Plan 2040 and Downtown Precise Plan
Project Area: City of San Rafael and unincorporated San Rafael Planning Area
Notice is hereby given that the City of San Rafael (City) will prepare an EIR for the San Rafael General Plan
2040 and Downtown Precise Plan (proposed project) and will hold a public meeting to receive comments on
the scope of the EIR, as detailed below. Pursuant to the California Environmental Quality Act (CEQA)
Guidelines Section 15206, the proposed project is considered a project of statewide, regional, or areawide
significance. The City, acting as the Lead Agency, determined that the proposed project could result in
potentially significant environmental impacts and that an EIR is required.
The City will prepare an EIR to address the potential environmental impacts associated with the project at a
programmatic level consistent with CEQA Guidelines Section 15168. The program-level EIR will evaluate the
proposed project for potential impacts on the environment and analyze the proposed policies to determine
the potential environmental consequences of future change. An evaluation of project alternatives that could
reduce significant impacts will be included in the EIR. The proposed project, its location, and potential
environmental effects are described below.
The City is requesting comments and guidance on the scope and content of the EIR from interested public
agencies, organizations, and individuals. With respect to the views of Responsible and Trustee Agencies as to
significant environmental issues, the City needs to know the reasonable alternatives and mitigation measures
that are germane to each agency’s statutory responsibilities in connection with the proposed project.
Due to the time limits mandated by State law, your response must be sent at the earliest possible date, but no
later than the close of the 30-day NOP review period at 5:00 p.m. on Monday, April 29, 2019 If you submit
comments on the scope of the EIR, you will automatically be added to the City’s distribution list for future
notices and information about the environmental review process for proposed project. If you do not wish to
submit comments on the scope of the EIR, but would like to be added to the City’s mailing list, you can submit
your contact information, including email address with a request to be added to the mailing list.
Please send your written comments to Barry Miller, at the address shown above or email to
Barry.Miller@cityofsanrafael.org with “General Plan 2040 and Downtown Precise Plan EIR” as the subject.
Public agencies providing comments are asked to include a contact person for the agency.
A Scoping Meeting to accept oral comments will be held before the San Rafael Planning Commission on
Tuesday April 23, 2019 at 7:00 pm. at City Hall in the Council Chambers (1400 Fifth Street, San Rafael, CA
94901)
Notice of Preparation: San Rafael General Plan 2040 and Downtown Precise Plan EIR Page 2 of 3
PROJECT LOCATION, DESCRIPTION, AND OBJECTIVES
This section describes the location, project description, and overall objective of the proposed project. A copy
of this NOP, information about the project, including relevant documents, information on upcoming
meetings, and ways you can provide feedback can be viewed: 1) on line at http://www.sanrafael2040.org, or
2) City Hall (1400 Fifth Avenue - Planning Division counter, 3rd Floor). The Planning Division counter is open
Mondays, Tuesdays and Thursdays from 8:30 a.m. to 4:30 p.m. and, Wednesdays and Fridays from 8:30 a.m.
to 1:30 p.m.
Project Location
The project encompasses the San Rafael Planning Area, which includes all land within the city limits, adjacent
land in the Sphere of Influence (SOI) boundary, and land beyond the SOI that is commonly perceived as
greater San Rafael. Unincorporated areas within the SOI include California Park, Country Club, Bayside Acres,
and Los Ranchitos; China Camp State Park; the Santa Venetia area; and the San Rafael Rock Quarry. The
Planning Area also includes Marinwood and Lucas Valley (developed and undeveloped portions), although
these areas are outside the SOI The Downtown Precise Plan area encompasses 265 acres located in
downtown San Rafael. See Figures 1, 2, and 3 for regional and study area maps.
Project Description and Objectives
Often described as each city’s “constitution,” general plans are required by State law to guide land use and
development, typically within a 20-year horizon. General plans must be periodically updated to respond to
new state laws, changing conditions, and emerging issues and opportunities. San Rafael’s existing General
Plan was prepared in 1999-2003 and was adopted in 2004, with a horizon year of 2020. Since the horizon
year is approaching, the City is now updating its plan to extend the planning period to 2040. The San Rafael
General Plan 2040 (General Plan 2040) will build off the current General Plan 2020 and provide a framework
for land use, transportation, and conservation decisions through the year 2040.
The City is also preparing a Downtown Precise Plan (Precise Plan) concurrently with the General Plan 2040.
The Precise Plan is being funded by a grant from the Metropolitan Transportation Commission. The intent of
the Precise Plan is to facilitate housing production, placemaking, economic vitality, innovative transportation
solutions, and community engagement with an emphasis on sustainable, transit-oriented development.
Both the proposed General Plan 2040 and the Downtown Precise Plan will direct future growth within the
study area and address the city’s vulnerability to environmental challenges such as sea level rise, wildland
fires, and other hazards identified in the City’s Local Hazard Mitigation Plan and updated Climate Action Plan.
Both plans are intended to respond to local and regional housing needs, foster economic growth and local
job creation, enhance civic identity and placemaking, and protect sensitive natural resources.
Environmental Review
The San Rafael General Plan 2040 and Downtown Precise Plan program EIR will determine whether
implementation of the proposed project may result in environmental impacts that require mitigation
measures to offset potential impacts. By incorporating implementation provisions (goals, policies, and
programs) that focus on reducing environmental impacts, the proposed project can be made largely “self-
mitigating,” which reduces the need for separate EIR mitigation measures, improves the efficiency of
implementation, and increases the likelihood that development within the study area will be environmentally
sustainable. In accordance with CEQA, the cumulative impacts discussion will be based on review of other
plans shaping development outside of the study area. CEQA requires that an EIR evaluate alternatives to a
project that could reasonably attain the project objectives while reducing any significant impact of the
project, as well as considering the “No Project” Alternative (i.e., what could happen if the project were not
approved).
Notice of Preparation: San Rafael General Plan 2040 and Downtown Precise Plan EIR Page 3 of 3
Environmental Factors Potentially Affected
The EIR will address the proposed project’s potential impacts to the following environmental topics:
▪ Aesthetics ▪ Hydrology and Water Quality
▪ Agricultural and Forestry Resources ▪ Land Use and Planning
▪ Air Quality ▪ Mineral Resources
▪ Noise
▪ Biological Resources ▪ Population and Housing
▪ Cultural Resources/Tribal Cultural Resources ▪ Public Services
▪ Energy ▪ Parks and Recreation
▪ Geology and Soils ▪ Transportation
▪ Greenhouse Gas Emissions ▪ Utilities and Service Systems
▪ Hazards and Hazardous Materials ▪ Wildfire
Attachments:
Figure 1: Regional and Vicinity Map
Figure 2: San Rafael Planning Area Map
Figure 3: Downtown Precise Plan Map
Figure 1Regional and Vicinity Map
Source: ESRI, 2017; City of San Rafael, 2019; PlaceWorks, 2019.
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Downtown Precise Plan
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Source: ESRI, 2017; City of San Rafael, 2019; PlaceWorks, 2019.Figure 2San Rafael Planning Area Boundary Map
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Lucas Valley
Terra Linda
Santa Venetia
China Camp
San Pedro Peninsula
City of San Rafael
East San Rafael/Canal
City of RichmondCity ofLarkspur
San Pablo Bay
Source: ESRI, 2017; City of San Rafael, 2019; PlaceWorks, 2019.
Downtown Precise Plan MapFigure 3
Downtown Precise Plan
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