HomeMy WebLinkAboutPlanning Commission 2020-10-13 Agenda Packet
AGENDA
San Rafael Planning Commission
Regular Meeting
Tuesday, October 13, 2020, 7:00 P.M.
Virtual Meeting
(669) 900-9128
Meeting ID: 872-0645-4435#
CORONAVIRUS (COVID-19) ADVISORY NOTICE
In response to Executive Order N-29-20, the City of San Rafael will no longer offer an in-
person meeting location for the public to attend. This meeting will be streamed through
YouTube Live at www.youtube.com/cityofsanrafael. Comments submitted via YouTube Live
must be submitted according to the directions located on the YouTube video description.
The City is not responsible for any interrupted service. To ensure the Planning Commission
receives your comments, submit written comments to Alicia Giudice, Principal Planner
(alicia.giudice@cityofsanrafael.org), prior to the meeting. For more information regarding
real-time public comments, please visit our Live Commenting Pilot page at
https://www.cityofsanrafael.org/live-commenting-pilot/.
Want to listen to the meeting and comment in real-time over the phone? Call the telephone
number listed on this agenda and dial the Meeting ID when prompted. Feel free to contact
the City Clerk’s office at 415-485-3066 or by email to lindsay.lara@cityofsanrafael.org if you
have any questions.
Any member of the public who needs accommodations should contact the City Clerk (email
lindsay.lara@cityofsanrafael.org or phone at 415-485-3066) who will use their best efforts to
provide reasonable accommodations to provide as much accessibility as possible while also
maintaining public safety in accordance with the City procedure for resolving reasonable
accommodation requests.
Members of the public may speak on Agenda items.
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. Approval of the Planning Commission Meeting Minutes of September 29, 2020
Recommended Action – Approve as submitted
PUBLIC HEARING
2. 1530 and 1534 Fifth Avenue
Request for a Use Permit and an Environmental and Design Review Permit to allow the
replacement and relocation of the aquatic center on the Marin Academy campus. The
project proposes to construct a new, 25-yard x 33-meter uncovered swimming pool, a
two-story 2,256 sq. ft. support building (restrooms, indoor and outdoor showers,
changing and office areas, mechanical equipment and chemical storage areas),
concrete decking, site lighting and landscaping, perimeter metal fencing and courtyard
walls, with a combined area of 18,737 sq. ft.; APNS: 011-195-05 and 011-201-017;
Fifth/Mission Residential/Office (5/M R/O) District; Marin Academy, owner; Mike Joyce
for Marin Academy, applicant; File No(s).: UP19-005 and ED19-006
Project Planner: Steve Stafford
Recommended Action – Adopt Resolution
DIRECTOR’S REPORT
COMMISSION COMMUNICATION
ADJOURNMENT
Any records relating to an agenda item, received by a majority or more of the Commission
less than 72 hours before the meeting, shall be available for inspection online. Sign Language
interpreters may be requested by calling (415) 485-3066 (voice), emailing
Lindsay.lara@cityofsanrafael.org or using the California Telecommunications Relay Service
by dialing “711”, at least 72 hours in advance of the meeting. Copies of documents are
available in accessible formats upon request.
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 appeal. There is a $50.00 additional charge for
request for continuation of an appeal by appellant.
Minutes subject to approval at the meeting of October 13, 2020
San Rafael Planning Commission
Regular Meeting Minutes
Tuesday, September 29, 2020, 7:00 P.M.
Virtual Meeting
(669) 900-9128
Meeting ID: 897-5534-1830#
CORONAVIRUS (COVID-19) ADVISORY NOTICE
In response to Executive Order N-29-20, the City of San Rafael will no longer offer an in-
person meeting location for the public to attend. This meeting will be streamed through
YouTube Live at www.youtube.com/cityofsanrafael. Comments submitted via YouTube Live
must be submitted according to the directions located on the YouTube video description.
The City is not responsible for any interrupted service. To ensure the Planning Commission
receives your comments, submit written comments to the Alicia Giudice, Principal Planner
(alicia.giudice@cityofsanrafael.org), prior to the meeting. For more information regarding
real-time public comments, please visit our Live Commenting Pilot page at
https://www.cityofsanrafael.org/live-commenting-pilot/.
Want to listen to the meeting and comment in real-time over the phone? Call the telephone
number listed on this agenda and dial the Meeting ID when prompted. Feel free to contact
the City Clerk’s office at 415-485-3066 or by email to lindsay.lara@cityofsanrafael.org if you
have any questions.
Any member of the public who needs accommodations should contact the City Clerk (email
lindsay.lara@cityofsanrafael.org or phone at 415-485-3066) who will use their best efforts to
provide reasonable accommodations to provide as much accessibility as possible while also
maintaining public safety in accordance with the City procedure for resolving reasonable
accommodation requests.
Present: Chair Pro Tem Samudzi
Commissioner Hill
Commissioner Lubamersky
Commissioner Previtali
Commissioner Saude
Absent: Chair Mercado
Commissioner Davidson
Also Present: Raffi Boloyan, Planning Manager
Alicia Giudice, Principal Planner
CALL TO ORDER
Chair Pro Tem Samudzi called the meeting to order at 7:02 p.m. and invited Principal
Planner Alicia Giudice to call the roll. All were present, except for Chair Mercado and
Commissioner Davidson.
APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS
None.
PUBLIC NOTIFICATION OF MEETING PROCEDURES
Chair Pro Tem Samudzi invited Planning Manager Raffi Boloyan who informed the
community the meeting would be streamed live to YouTube and members of the public
would provide public comment either on the telephone or through YouTube live chat. He
explained the process for community participation through the telephone and on YouTube.
Chair Pro Tem Samudzi reviewed the procedures for the meeting.
URGENT COMMUNICATION
None.
CONSENT CALENDAR
Chair Pro Tem Samudzi invited public comment; however, there was none.
Commissioner Lubamersky moved and Commissioner Previtali seconded to approve the
Consent Calendar.
1. Approval of the Planning Commission Meeting Minutes of September 15, 2020
Minutes approved as submitted
AYES: Commissioners: Hill, Lubamersky, Previtali, & Chair Pro Tem Samudzi
NOES: Commissioners: None
ABSENT: Commissioners: Davidson and Chair Mercado
ABSTAIN: Commissioners: Saude
Motion carried 4-0
PUBLIC HEARINGS
2. 1309 Second Street
Request for a Use Permit and an Environmental and Design Review Permit to demolish
the existing single-family residence and construct a three-unit multi-tenant residential
structure with four covered garage parking spaces; APN: 012-073-04; Second/Third
Mixed Use West (2/3 MUW), Zoning District; Garl Alicia Family Trust 2012, Owner; Ron
Kappe, Kappe Architects, Applicant; File No. UP20-013/ED20-022
Alicia Giudice, Principal Planner presented the staff report.
Applicant Ron Kappe gave a presentation. Owner’s rep Matthew Burns was present.
Chair Pro Tem Samudzi declared the public hearing opened; however there were no
comments
Commissioners provided comments
Commissioner Lubamersky moved and Commissioner Hill seconded to adopt the
resolution approving project as presented
AYES: Commissioners: Hill, Lubamersky, Previtali, Saude & Chair Pro Tem
Samudzi
NOES: Commissioners: None
ABSENT: Commissioners: Davidson and Chair Mercado
ABSTAIN: Commissioners: None
Motion carried 5-0
Resolution 20-19 - Resolution of the San Rafael Planning Commission Approving a Use
Permit and Environmental and Design Review Permit for New Construction of a Three Unit
Multi-family Residential Structure on a 2,940 Square Foot Lot Located at 1309 Second
Street (APN: 012-073-04)
3. 3301 Kerner Boulevard (Homeward Bound)
Use Permit to allow for an emergency shelter to be located within an existing 25,000
square foot building; APN: 008-082-52; Canal Core Industrial/Office (CCI/O) Zoning
District; Homeward Bound of Marin, applicant; Gilardi Charitable Remainder Unitrust
Etal, owners; File No(s).: UP20-017
Alicia Giudice, Principal Planner presented the staff report.
Staff, including Applicants Mary Kay Sweeney and Paul Fordham (Homeward Bound)
responded to questions from the Commissioners.
Chair Pro Tem Samudzi declared the public hearing opened
Speakers: Bruce Livingston, Executive Director of Alcohol Justice, Karen Strolia,
Director of Downtown Streets Team North Bay, Aaron, Valerie Lofrano, Mark Shotwell,
Executive Director of Ritter Center, Milton Davis
Staff and Applicants responded to comments and questions from the Commissioners.
Commissioners provided comments
Commissioner Hill moved and Commissioner Previtali seconded to adopt the resolution
with the change to the timeline condition of approval, allowing an increase of the Use
Permit to 18 months, and requiring review/check-in at 12 months
AYES: Commissioners: Hill, Lubamersky, Previtali, Saude & Chair Pro Tem
Samudzi
NOES: Commissioners: None
ABSENT: Commissioners: Davidson and Chair Mercado
ABSTAIN: Commissioners: None
Motion carried 5-0
Resolution 20-20 – Resolution of the City of San Rafael Planning Commission Approving
Conditional Approval of Use Permit (UP20-017) to Allow the Operation of an Emergency
Shelter in an Existing Building Located at 3301 Kerner Boulevard (APN: 008-082-52)
DIRECTOR’S REPORT
Alicia Giudice, Principal Planner provided updates on:
• the City Council receiving the informational report and Planning Commission
comments on the inclusionary housing policy
• the Code Enforcement Division
• the Building Division
Raffi Boloyan, Planning Manager provided an update on:
• the on-line application submittal process
COMMISSION COMMUNICATION
None.
ADJOURNMENT
Chair Pro Tem Samudzi adjourned the meeting at 8:32 p.m.
___________________________
LINDSAY LARA, City Clerk
APPROVED THIS _____DAY OF____________, 2020
_____________________________________
ALDO MERCADO, Chair
Community Development Department – Planning Division
Meeting Date: October 13, 2020
Agenda Item:
2
Case
Numbers:
UP19-005 and ED19-006
Project
Planner:
Steve Stafford/ 415-458-5048
REPORT TO PLANNING COMMISSION
SUBJECT: 1530 and 1534 Fifth Ave. (Marin Academy Aquatic Center) – Request for a Use Permit
(UP19-005) and an Environmental and Design Review Permit (ED19-006) to allow the replacement and
relocation of an existing aquatic center with a new 22.86-meter x 33-meter uncovered swimming pool, a
two-story, 2,256 sq. ft. support building (restrooms, indoor and outdoor showers, changing and office
areas, mechanical equipment and chemical storage areas), flat work (concrete decking), site lighting and
landscaping, perimeter metal fencing and courtyard walls, bleacher seating, public address (PA) system
and LED-illuminated scoreboard on two adjacent Downtown parcels with a combined lot area of 18,737
sq. ft.; APNS: 011-195-05 and 011-201-07; Fifth/Mission Residential/Office (5/M R/O) District; Marin
Academy, Owner; Mike Joyce for Marin Academy; Downtown Neighborhood.
EXECUTIVE SUMMARY
The project proposes to construct a new aquatic center, 2,256 sq. ft. support building and associated site
improvements (i.e., concrete decking, bleacher seating, public address (PA) system, landscaping,
scoreboard, LED lighting and perimeter fencing) on two adjacent underutilized Downtown parcels. The
aquatic center is proposed to be relocated from its current location, from the north portion of the Marin
Academy (MA) campus above the athletic fields, to the south portion of campus below the athletic fields.
The current swimming pool is proposed to be demolished due to extensive and costly upgrades needed
to meet strict health and safety standards. The project will require consolidation of the two Downtown
parcels into the Marin Academy campus which is located immediately west and north of the project site.
The existing development on the sites, 2-story medical office buildings with associated surface parking, is
proposed to be demolished. Staff has reviewed the project and recommends that the project is
categorically exempt from further CEQA review based (Class 32; In-Fill Development Section 15332 of the
CEQA Guidelines).
The Design Review Board (Board) reviewed the site and building design proposed by the project on two
(2) occasions; once as a conceptual project and once as a formal project. On July 21, 2020, the Board
unanimously recommended approval of the proposed site and building design, subject to
recommendations listed in staff’s report further below.
Staff finds the proposed project meets the applicable General Plan land use policies and standards and
findings under the Zoning Ordinance (see discussion under the Analysis section of this report). The project
proposes to replace and relocate an existing aquatic facility on the MA campus. The project proposes no
changes or increases to the existing enrollment capacity at Marin Academy.
RECOMMENDATION
It is recommended that the Planning Commission adopt the Draft Resolution approving the requested Use
Permit and Environmental and Design Review Permit for the project (Exhibit 2).
SAN RAFAEL
THE CITY WITH A MISSION
REPORT TO PLANNING COMMISSION - Case Nos: UP19-005 and ED19-006
1530 and 1534 Fifth Ave.
October 13, 2020
Page 2
PROPERTY FACTS
Address/Location: 1530 and 1534 Fifth Ave. Parcel Number(s): 011-195-05 & 011-201-07
Property Size: 18,737 sf (combined) Neighborhood: Downtown
Site Characteristics
General Plan Designation Zoning Designation Existing Land-Use
Project Site: Fifth/Mission
Residential/Office (5/M R/O)
5/M R/O Medical Offices
North: Public/Quasi Public (P/QP) P/QP Marin Academy
South: 25/M R/O 5/M R/O Professional Offices
East: 5/M R/O 5/M R/O Marin Academy
West: P/QP P/QP Marin Academy
BACKGROUND
Site Description/Setting:
The project site is comprised of two (2) adjacent developed Downtown parcels with a combined 18,737
sq. ft. lot size. The project site has two frontages, Fifth Ave. to the north and Mission Ave. to the south. It
is relatively flat (approximately 4% average cross-slope; north-to-south trending) and located outside the
Downtown parking district. It is currently developed with two, 2-story medical office buildings and surface
parking areas, which are unoccupied.
The Marin Academy campus is located immediately west (current library and classrooms at 1540 Fifth
Ave. and 2 Cottage Way) and north (athletic fields) of the project site. A medical office building is located
immediately east of the project site, which is also owned by Marin Academy. A combination of medical
offices and professional offices are located south of the project site, across Fifth Ave .
PROJECT DESCRIPTION
Use:
The project proposes to replace and relocate an existing aquatic facility on the Marin Academy (MA)
campus, from the north portion of the MA campus above the athletic fields to the south portion of campus
below the athletic fields. Required upgrades to the existing pool have proven to be cost-prohibited and the
existing pool is proposed to be demolished. MA does not propose re-use of the existing swimming pool
site as part of the project. The existing 2-story medical office buildings, located on each of the two parcels
constituting the project site, will be demolished as well.
The project does not include any change or increase to the Master Use Permit for the MA campus, which
caps maximum enrollment at 450 students.
Planning Applications:
The project requires the following Planning entitlements:
• A ‘major’ Environmental and Design Review Permit, for the new public/quasi-public structure;
• A Use Permit to allow the expansion of the Marin Academy campus through the proposed project;
and
REPORT TO PLANNING COMMISSION - Case Nos: UP19-005 and ED19-006
1530 and 1534 Fifth Ave.
October 13, 2020
Page 3
• A Lot Line Adjustment for the consolidation of the two adjacent parcels within the project site and
to consolidate the project site with adjacent parcel (APN: 011-195-06) located immediately west
which contains MA’s Library/Classroom building (This is a condition of approval that will require
separate submittal and administrative approval of a Lot Line Adjustment/Consolidation application).
Site Plan:
The project proposes to construct a new, 22.86-meter x 33-meter uncovered swimming pool, a two-story,
2,256 sq. ft. support building (restrooms, indoor and outdoor showers, changing and office areas,
mechanical equipment and chemical storage areas), flat work (concrete decking), site lighting and
landscaping, perimeter metal fencing and courtyard walls, bleacher seating, public address (PA) system
and LED-illuminated scoreboard. Primary pedestrian access to the new aquatic center is proposed along
the Fifth Ave. frontage with additional pedestrian access along the Mission Ave. frontage. No vehicular
access is proposed by the project. No on-site parking is proposed by the project. The project proposes a
dedicated, bus loading/unloading area (approx. 9.5’ x 50’) along the Mission Ave. or rear frontage.
The project plans may be reviewed here.
Architecture:
The proposed 2,256 sq. ft. support building will relate with the contemporary design of the more recently
constructed buildings on the MA campus, including roof form (flat) and exterior colors (off-white exterior
walls with dark gray window trim) and materials (lime plaster finish). The new building includes a 769.5 sq.
ft. roof deck (9.5’ x 81’) with bleacher seating facing the pool area.
A Material and Color Board was prepared by the applicant and submitted with the formal project; a photo
of the Material and Color Board is included in staff’s report as Exhibit 3.
Parking:
The project proposes no on-site parking.
Fencing:
The project proposes to secure the project site with combination of eight foot (8’)-tall CMU with plaster
finish ‘courtyard’ wall and metal ‘picket’ perimeter fencing. (At their July 21, 2020 meeting, the Board
recommend approval of the site and building design subject to minor changes. These recommended
changes included substituting eight foot (8’)-tall metal ‘picket’ in lieu of chain link fencing.).
Landscaping:
The project proposes 2,004 sq. ft. of new landscaping in a combination of trees, shrubs, grasses, vines
and groundcovers. Nearly all of the new landscaping is proposed to be location at the entrances to the
site, primarily along the Fifth Ave. frontage and to a lesser degree along the Mission Ave. frontage. Accent
shrub plantings are proposed at the base of the fencing along the interior west elevation and accent vine
plantings are proposed at the base of the plaster courtyard wall along the interior east elevation. The
project proposes to remove four (4) existing trees (2 ‘significant’ trees) on the project site and plant 11 new
trees. The project also proposes to plant five (5) new street trees where there is none currently (3 new
street trees along the Fifth Ave. frontage and 2 new street trees along the Mission Ave. frontage).
Lighting:
The project proposes six (6) new, 28’-tall LED lighting standards with fixtures on the concrete pool decking,
two (2) new, 12’-tall LED lighting standards along the primary entrance along the Fifth Ave. frontage and
miscellaneous recessed LED light fixtures throughout the interior roof deck and stairwells leading to along
the Mission Ave. frontage. A photometric study is provided on their proposed illumination in the project
REPORT TO PLANNING COMMISSION - Case Nos: UP19-005 and ED19-006
1530 and 1534 Fifth Ave.
October 13, 2020
Page 4
plans (see Sh. No. E003). In addition, LED accent lighting is proposed to ‘wash’ behind the “Marin
Academy” sign located on the plaster courtyard wall along the Fifth Ave. entry frontage.
Signage:
The project proposes new signage limited to the Fifth Ave. frontage, the primary public entrance to the
project site. The project proposes 30 sq. ft. (12’ x 30’) of total new signage, limited to 12’-tall metal letters
attached to the front courtyard wall.
Grading/Drainage:
The project will include 2,790.8 CY of net excavation for the new swimming pool (2,850.5 CY of ‘cut’ and
59.7 CY of ‘fill’). The project will also include 752 CY of ‘fill’ for the existing swimming pool.
ANALYSIS
San Rafael General Plan 2020 Consistency:
There are numerous General Plan policies applicable to this project. The General Plan contains many
competing policies that need to be weighed and considered. Consistency with a General Plan is
determined by reviewing and weighing the goals and polices of all elements of the San Rafael General
Plan 2020. Overall, the project would be consistent with most of the applicable San Rafael General Plan
2020 policies.
The General Plan land use designation for the project site is Fifth/Mission Residential/Office (5/M R/O).
The 5/M R/O designation allows residential and office uses, with limited ground-floor commercial retail and
personal services uses on cross streets east of C St. Land Use Policy LU-23 (Land Use Map and
Categories) does not specifically identifying that quasi-public buildings and facilities, like the proposed new
aquatics center on the Marin Academy campus, also would be allowed within the 5/M R/O designation.
However, a further review of the allowable land uses in the 5/M R/O District zoning indicates that quasi-
public buildings and facilities are allowed, subject to Use Permit approval by the Planning Commission.
The project is in accordance with Land Use Policy LU-9 (Intensity of Nonresidential Development) with a
proposed FAR (Floor Area Ratio) of 0.12 (2,256 sq. ft.) and a maximum allowable FAR of 0.50 (9,368.5
sq. ft.). The project also is in accordance with Land Use Policy LU-12 (Building Height) with a proposed
building height of 16’ and a maximum allowable height of 36’. T he project is further in accordance with
Community Design Policy (CD-19 (Lighting) by proposing adequate lighting levels for safety while
controlling light spillover and off-site glare. The project plans include a photometric study (see Sh. E003)
which calculate the proposed exterior lighting levels based on the proposed lighting fixture details. The
lighting levels are proposed to comply with minimum recommended standards of both the City for generally
development and the Illuminating Engineering Society Handbook (2018) for competition pools on
academic campuses.
A complete analysis of the pertinent policies and programs is presented in the attached General Plan
Consistency Table (Exhibit 4).
Zoning Ordinance Consistency:
The project has been reviewed for consistency with the San Rafael Zoning Ordinance. A complete analysis
of the pertinent regulations (standards and criteria) is presented in the attached Zoning Ordinance
Consistency Table (Exhibit 5). Overall, the project is consistent with all applicable regulations of the Zoning
Ordinance.
REPORT TO PLANNING COMMISSION - Case Nos: UP19-005 and ED19-006
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October 13, 2020
Page 5
Chapter 5 – Commercial and Office Districts
The project site is located within the Fifth/Mission Residential/Office (5/M R/O) District, a Downtown zoning
district. The proposed project requires consistency with the property development standards for the 5/M
R/O District, including minimum setbacks (15’ front), building height (36’) and minimum landscaping (10%).
As currently designed, the project will be consistent with all applicable development standards (minimum
setbacks, maximum height and landscaping) for the 5/M R/O District.
Chapter 16 – Site and Use Regulations
Floor Area Ratio (FAR)
Under both the City’s General Plan (Land Use Policy LU-9; Intensity of Nonresidential Development) and
Section 14.16.150 (A) of the Zoning Ordinance (Floor Area Ratios and Densities Applicable to
Nonresidential and Mixed-Use Development), the maximum allowable intensity of nonresidential
development on the project site is 0.50 FAR (Floor Area Ratio), or 9,368.5 sq. ft. (based on the 18,737 sq.
ft. combined lot area for the project site). The proposed development on the site is 0.12 FAR for the 2,256
sq. ft. new support building (restrooms, indoor and outdoor showers, changing and office areas,
mechanical equipment and chemical storage areas).
Light and Glare
Pursuant to Section 14.16.227 (Light and Glare) of the Zoning Ordinance, the City recommends the
following illumination standards:
• A minimum one (1) foot-candle of ground-level overlap at building entries;
• A minimum one-half (½) foot-candle of ground-level overlap at walkways and parking areas; and
• Less than one (1) foot-candle of ground-level overlap at all property boundaries.
In addition, the Illuminating Engineering Society Handbook recommends the following average illumination
levels:
• 30 foot-candles for the pool surface;
• 50 foot-candles for the “starts” and “stops” portions of the pool (east and west sides of the pool; 5’-
wide);
• 10 foot-candles for the pool deck; and
• A minimum one (1) foot-candle of ground-level overlap along all path of travel for the public
observation deck.
The project proposes the following average illumination levels:
• 45.38 foot-candles for the pool surface (76.1 foot-candles max, 23.5 foot-candles min);
• 45.40 foot-candles for the “starts” and “stops” portions of the pool (5’-wide east and west sides of
the pool; 61.2 foot-candles min, 32.5 foot-candles min);
• 18.69 foot-candles for the pool deck (50.2 foot-candles max, 6.4 foot-candles min); and
• 6.46 foot-candles for all path of travel for the public observation deck and stairs (16 foot-candles
max, 1.7 foot-candles min.).
The project plans include a photometric study (see Sh. E003) which calculates the proposed exterior
lighting levels based on the proposed lighting fixture details. This photometric study shows the proposed
lighting levels will comply with the City’s recommended lighting levels. The proposed lighting design
includes photosensor ‘vacancy’ controls to automatically dim and then turn off select light fixtures when
the area underneath is unoccupied.
REPORT TO PLANNING COMMISSION - Case Nos: UP19-005 and ED19-006
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October 13, 2020
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Unlike recommend lighting levels, the Zoning Ordinance does not provide quantifiable standards to reduce
or mitigate off-site glare. Instead, Section 14.16.227 requires a 90-day lighting review period at occupancy,
as a condition of project approval (Condition #82; ED19-006) to allow adjustment(s) in the lighting design,
such as installing shields to the light fixtures or reduce fixture height while adding more fixtures, if
necessary. Additionally, a condition of approval (Condition # 79; ED19-006) requires a post-installation
photometric study to confirm lighting levels, as presented.
Sight Distance
Pursuant to Section 14.16.295 (Sight Distance) of the Zoning Ordinance, driveways on the project site,
and those existing on an immediately adjacent site, shall provide a sight distance triangle of 15’ from the
curb return, or as determined by the City Engineer. While the project proposes no driveways or parking
on-site, existing driveways on the immediate adjacent parcels to the west (1540 Fifth Ave / 2 Cottage Ave.)
and east of the project site (1526 Fifth Ave.) do create a sight distance triangle which require the project
to comply with. The project plans show the sight distance triangle (Sh. L1.00B) which indicates the
proposed project generally will be consistent with the required sight distance triangle.
Chapter 18 – Parking Standards
Parking Requirement
Pursuant to Section 14.18.040 (Parking Standards; Parking Requirements) of the Zoning Ordinance, the
proposed improvements to the project site, including construction of a new 2,256 sq. ft. support building,
does not require on-site parking, given that; parking requirements for private high school uses, like Marin
Academy, are based on maximum enrollment capacity with one (1) parking space per four (4) students.
The current Master Use Permit (UP14-013) for Marin Academy allows a maximum enrollment of 450
students and this project to replace and relocate the existing campus swimming pool does not include a
request to increase the maximum enrollment limit.
Bicycle Parking
Pursuant to Section 14.18.090 (Parking Standards; Bicycle Parking) of the Zoning Ordinance, construction
of the new 2,256 sq. ft. support building, requires the installation of short-term bicycle parking spaces or
racks. The specific amount of short-term bicycle parking spaces is determined by parking study or as
specified by Use Permit,but is typically a percentage of the required automobile parking spaces. Since no
additional automobile parking spaces are required and since the MA campus already provides bicycle
parking throughout the campus, no additional bicycle parking spaces are required.
Chapter 19 – Signs
Pursuant to Section 14.19.065 (Signs; Downtown Districts) of the Zoning Ordinance, the proposed project
is allowed two (2) non- or externally-illuminated signs with a maximum 36 sq. ft. of total signage for the
project site. The project proposes one (1), externally-illuminated wall sign, approx.30 sq. ft. in size (12” x
30’), located on the 8’-tall courtyard wall, at the front or primary pedestrian entrance to the project site,
along the Fifth Ave. frontage.
Chapter 22 – Use Permits
Pursuant to Section 14.05.022 (Land Use Regulations; 5/M R/O District) of the Zoning Ordinance, the
relocation of the swimming pool and expansion of the Marin Academy campus on the project site requires
Use Permit approval by the Planning Commission.
Chapter 25 – Environmental and Design Review Permits
The project requires Environmental and Design Review Permit approval by the Planning Commission
(Commission), given that it proposes to construct a new public/quasi-public structure or facility. The
REPORT TO PLANNING COMMISSION - Case Nos: UP19-005 and ED19-006
1530 and 1534 Fifth Ave.
October 13, 2020
Page 7
pertinent review criteria for Environmental and Design Review Permits, pursuant to Section 14.25.050
(Review Criteria; Environmental and Design Review Permits), are as follows:
➢ Site Design. There should be a harmonious relationship between structures within the development
and between the structures and the site. Proposed structures and site development should relate to
the existing development in the vicinity. Major views of ridgelines should be preserved and enhanced
from public streets and public vantage points. Development should respect site features and recognize
site constraints by minimizing grading, erosion and removal of natural vegetation. Sensitive areas such
as highly visible hillsides, steep, unstable or hazardous slopes, creeks and drainageways, and wildlife
habitat should be preserved and respected.
➢ Architecture. The project architecture should be harmoniously integrated in relation to the architecture
in the vicinity in terms of colors and materials, scale and building design. The design should be sensitive
to and compatible with historic and architecturally significant buildings in the vicinity. Design elements
and approaches which are encouraged include: a) creation of interest in the building elevation; b)
pedestrian-oriented design in appropriate locations; c) energy-efficient design; d) provision of a sense
of entry; e) variation in building placement and height; and f) equal attention to design given to all
facades in sensitive location.
➢ Materials and colors. Exterior finishes should be consistent with the context of the surrounding area.
Color selection shall coordinate with the predominant colors and values of the surrounding landscape
and architecture. High-quality building materials are required. In hillside areas, natural materials and
colors in the earth tone and wood tone range are generally preferred. Concrete surfaces should be
colored, textured, sculptured, and/or patterned to serve design as well as a structural function.
➢ Walls, Fences and Screening. Walls, fences and screening shall be used to screen parking and loading
areas, refuse collection areas and mechanical equipment from view. Screening of mechanical
equipment shall be designed as an integrated architectural component of the building and the
landscape. Utility meters and transformers shall be incorporated into the overall project design.
➢ Landscape Design. The natural landscape should be preserved in its natural state, as much as
practical, by minimizing grading and tree and rock removal. The landscaping shall be designed as an
integral enhancement of the site, sensitive to natural site features. Water-conserving landscape design
shall be required. Smaller scale, seasonal color street trees should be proposed along pedestrian-
oriented streets while high-canopy, traffic-tolerant trees and landscape setbacks should be proposed
for primary vehicular circulation streets.
The review criteria for Environmental and Design Review Permits requires that the proposed design
(architecture, form, scale, materials and color, etc.) of all new development ‘relate’ to the predominant
design or ‘character-defining’ design elements existing in the vicinity.
Site Design
The project proposes, essentially, to replace the current swimming pool and relocate it from the northern
portion of Marin Academy campus to an expanding southern portion of campus. The primary pedestrian
access to the aquatic center is proposed through a landscaped entrance along the Fifth Ave. frontage with
a secondary pedestrian access provided along the Mission Ave. frontage. No on-site parking and no
vehicle access is proposed by the project.
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October 13, 2020
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Architecture
Staff also generally supports the proposed contemporary architecture of the new 2,256 sq. ft. support
building (restrooms, indoor and outdoor showers, changing and office areas, mechanical equipment and
chemical storage areas), which will relate with contemporary design features of the more recently
constructed buildings on the Marin Academy campus, including roof form (flat) and exterior colors (off -
white exterior walls with dark gray window trim and medium gray doors) and materials (lime plaster finish).
The proposed single-story support building is a significant reduction in scale from the current two (2),
4,000-4,500 sq. ft., two-story medical office buildings on the project site. Due to grade differences on the
project site and the two and one-half-foot (2 ½’)-high parapet screening wall, the new support building will
have the visual appearance of two-story, (19’-tall) scale, which is similar to that of the other adjacent MA
campus buildings located immediate west of the project site (1540 Fifth Ave. and 2 Cottage Way).
Colors and Materials
The project proposes exterior colors for both the site and the new support building in the ‘cool’ off -white
and gray shade colors. The proposed exterior material of both the new building and the 8’-tall courtyard
wall is lime plaster finish, like the other Marin Academy campus buildings. The proposed exterior material
of the new 8’-tall metal pedestrian gates is dark gray. While the project also proposes dark gray chain link
fencing along a portion of the west property line, between the project site and the other MA campus
buildings, the Design Review Board included in their recommendations that the design of all fencing should
be consistent with the higher-quality metal “picket” design of the pedestrian gates.
A Material and Color Board was prepared by the applicant and submitted with the formal project; a photo
of the Material and Color Board is included in staff’s report as Exhibit 3.
Walls, Fences and Screening
The project proposes 8’-tall courtyard walls along the south and east property lines, 8’-tall metal picket
pedestrian gates at the primary entrance along the Fifth Ave. frontage and the secondary entrance along
the Mission Ave. frontage, and a combination of 8’-tall metal picket and chain link fencing along the west
property line. As stated earlier in staff’s report, the Board recommended that the design of all fencing
should be consistent with the higher-quality metal “picket” design of the pedestrian gates.
Exterior Lighting
As stated earlier in staff’s report, the project proposes a comprehensive lighting design for the site which
complies with minimum recommended standards of both the City for generally development and the
Illuminating Engineering Society Handbook (2018) for competition pools on academic campuses. The
project plans include a photometric study of the proposed lighting levels (see Sh. E003). For comparison,
the Design Review Board has historically recommended maximum lighting levels of 30 foot-candle for new
and redeveloped service stations. However, the City and the Board has had no prior experience to help
determine the appropriate lighting levels for competitive outdoor pools on academic campuses. To staff,
the lighting levels needed for pumping fuel has no comparison to the lighting levels needed to ensure
safety on competitive outdoor pools.
The project also proposes an LED scoreboard. This scoreboard is proposed to be located 18’ 4” above the
concrete pool deck or approximately 10’ above the 8’-tall courtyard plaster wall. This scoreboard will be
located along the east property boundary, facing west, and will be shielded from public view along both
eastbound Fifth Ave. and Mission Ave. by either existing MA campus buildings (1540 Fifth Ave./ 2 Cottage
Ave.) or the proposed support building itself. However, staff believes limited public view of the scoreboard
may still exist along eastbound Fifth Ave. The project proposes 8’-tall metal picket fencing along those
portions not screened from public view by the existing MA campus buildings (library and classrooms)
located immediately west of the project site. The design of this metal fencing proposes pickets spaced 6”
REPORT TO PLANNING COMMISSION - Case Nos: UP19-005 and ED19-006
1530 and 1534 Fifth Ave.
October 13, 2020
Page 9
on-center so, while the possibility of public views of the scoreboard along eastbound Fifth Ave. remains, it
would be limited.
Landscape Design
The project’s landscape plans propose 2,004 sq. ft. of new landscaping in a combination of trees, shrubs,
grasses, vines and groundcovers. Nearly all of the new landscaping is proposed to be location at the
entrances to the site, primarily along the Fifth Ave. frontage and to a lesser degree along the Mission Ave.
frontage. Accent shrub plantings are proposed at the base of the fencing along the interior west elevation
and accent vine plantings are proposed at the base of the plaster courtyard wall along the interior east
elevation. The project proposes to remove four (4) existing trees (2 ‘significant’ trees) on the project site
and plant 11 new trees. The project also proposes to plant five (5) new street trees where there is none
currently (3 new street trees along the Fifth Ave. frontage and 2 new street trees along the Mission Ave.
frontage.
On July 21, 2020, the Design Review Board unanimously recommended approval of the proposed site
and building design, determining that it adequately met the applicable design criteria for Environmental
and Design Review Permits, subject to recommended minor design changes listed further in staff’s
report.
San Rafael Design Guidelines:
The San Rafael Design Guidelines have been developed as interim criteria that implement design-related
General Plan Policies. The site is located within the Fifth / Mission District and Environs.
Fifth / Mission District and Environs
Fifth and Mission Streets are less active than Fourth Street, the core Downtown commercial district.
Projects should help create a more attractive and comfortable walking environment. T he project site is
located within the boundaries of the Fifth / Mission District and Environs area of the Downtown, where
the following specific design guidelines apply:
• To provide visual interest, long and monotonous walls should be avoided;
• Where retaining walls are needed, they should be low, or terraced and landscaped;
• Entries should be well-defined and orient to the street rather than to a parking lot;
• Where setbacks are provided, they should be landscaped; and
• Street trees are an important element and should be retained and enhanced.
The project proposes to create the primary pedestrian access to the project site along the Fifth Ave.
frontage, which also includes a 15’ required setback. Staff finds the proposed landscaped entries to the
site to be consistent with the Downtown Design Guidelines
On July 21, 2020, the Design Review Board unanimously recommended approval of the proposed site and
building design, determining that it adequately met the applicable San Rafael Design Guidelines, subject
to recommended minor design changes listed further in staff’s report.
Downtown Vision:
The proposed project is located with the Downtown and should be consistent with as many of the applicable
policies in the adopted Our Vision of Downtown San Rafael; Fifth / Mission District Design Principles,
including:
REPORT TO PLANNING COMMISSION - Case Nos: UP19-005 and ED19-006
1530 and 1534 Fifth Ave.
October 13, 2020
Page 10
• Enhance the small scale, interesting pedestrian character of the streets by: 1) Making sidewalks
and crossings safer; 2) Preserving mature landscaping; and 3) Planting more street trees; and
• Preserve the pleasing scale and character of the District, especially on Fifth Avenue west of “E”
Street and on the east and west ends of Mission Avenue by: 1) Including landscaped front years
and historic building characteristics; and 2) Respecting the low scale and profile of existing
development.
On July 21, 2020, the Design Review Board unanimously recommended approval of the proposed site and
building design, determining that it adequately met the applicable design principles of the Downtown
Vision, subject to recommended minor design changes listed further in staff’s report .
“Good Design” Guidelines:
On August 14, 2017, an Ad Hoc City Council Sub-Committee convened to discuss “Community Design,”
with a primary focus on Downtown development. The Ad Hoc Sub-Committee included Mayor Phillips,
Council Member Andrew McCullough, two members of the Design Review Board (former Board Member
Spielman and Board Member Summers) and two members of the Planning Commission (former
Commissioners Paul and Robertson). The initial purpose of the meeting was to determine if there are
adequate tools and resources to facilitate and achieve good design in development in San Rafael. The
Sub-Committee was provided with an inventory of our current resources (all referenced in this report),
which are abundant and comprehensive. The inventory of documents and regulations include the following:
✓ Downtown San Rafael Vision – 1993
✓ General Plan 2020 Policies & Programs for Downtown – 2004
✓ San Rafael Design Guidelines (Interim) – 2004
✓ Zoning Regulations for Downtown – 2004
✓ Downtown San Rafael Station Area Plan – 2012
Mayor Phillips assigned former Commissioner/now Board Member Paul the task of forming a working
group to review these resources and to develop a more concise and consolidated list of key criteria. The
goal was to develop an informational handout (“City of San Rafael Expectations for Good Design”) that
can be provided to developers/applicants. Former Commissioner Paul formed a small Working Group of
local design professionals and residents to review the above planning documents and regulations and
consolidate them into more concise criteria. This working group presented their findings and a “Good
Design Guidelines for Downtown” slideshow to the Council at their February 5, 2018.
There are next steps, which include creating a checklist of these good design principles and adopting them;
however, staff is providing the applicable criteria from this presentation as Exhibit 6.
On July 21, 2020, the Design Review Board unanimously recommended approval of the proposed site and
building design, determining that it adequately met the applicable criteria of “Good Design” Guidelines for
the Downtown, subject to recommended minor design changes listed further in staff’s report.
Zoning Ordinance Consistency:
The project proposes construction of the proposed improvements, including the support building, concrete
flatwork, fencing and courtyard walls, and landscaping over the current property boundaries of two adjacent
Downtown parcels. In addition, the project proposes construction of the proposed improvements over the
current property boundaries of the adjacent parcel (1540 Fifth Ave. / 2 Cottage Way; APN: 011-195-06)
located immediately west of the project site, which is also owned by Marin Academy and is part of the MA
campus. The project is subject to the lot consolidation provisions pursuant to Chapter 15.05. of the
REPORT TO PLANNING COMMISSION - Case Nos: UP19-005 and ED19-006
1530 and 1534 Fifth Ave.
October 13, 2020
Page 11
Subdivision Ordinance. The project submittal did not include a Lot Line Adjustment/Consolidation
application, so the recommended conditions of approval (Condition #34; ED19-006) require the
subsequent approval and recording of the lot consolidations prior to building permit issuance.
DESIGN REVIEW BOARD RECOMMENDATION
On July 21, 2020, the Design Review Board (Board) reviewed the proposed project and unanimously (2-0
vote) recommended approval of the site and building design, subject to the following consensus comments:
• Replace the chain link fencing with the higher-quality metal picket fencing throughout the project;
• Re-evaluate the appropriateness of the proposed planting palette, particularly the use and/or
location of the California Gray Rush;
• Re-evaluate the appropriateness of the proposed location of the proposed new trees for conflict
with the proposed drainage improvements and street trees;
• Explore providing a greater and better ‘vine pocket’ planting area at the base of the retaining wall
along the east elevation by off-setting or recessing the footings. Include a section of the retaining
wall in the plans;
• Improve the radii of the curb cut for the vehicle pull-off area along the Mission Ave. frontage and
widen the sidewalk behind the west curb cut; and
• Include screening of the proposed backflow/mechanical equipment area along the Fifth Ave.
frontage.
These recommendations by the Board have been incorporated as conditions of approval (Exhibit 2;
Condition 2; ED19-006). Please note that, due to a Policy Statement adopted by the City Manager on
April 1, 2020 (Exhibit 7), Board meetings are currently held as a smaller, 2-member subcommittee
without notice or public comments and no video of the July 21, 2020 Board meeting is available.
ENVIRONMENTAL DETERMINATION
Per CEQA Guidelines Section 15060, staff conducted a “preliminary review” of the project application,
plans and supportive studies and reports. In completing this preliminary review, staff determined that the
application is defined as a “project” under CEQA. Next, CEQA Guidelines Section 15061 (Review for
Exemption) was reviewed to determine whether the project is exempt from CEQA. 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 has determined 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 Nos: UP19-005 and ED19-006
1530 and 1534 Fifth Ave.
October 13, 2020
Page 12
NEIGHBORHOOD MEETING / CORRESPONDENCE
Notice of the Conceptual Design Review by the Board and this Planning Commission hearing were
conducted in accordance with noticing requirements contained in Chapter 29 of the Zoning Ordinance. A
Notice of Public Meeting was mailed to all property owners, residents, businesses and occupants within a
300-foot radius of the project site, the appropriate neighborhood groups (the Downtown Business
Improvement District, West End Village Neighborhood Association and the Federation of San Rafael
Neighborhoods) and all other interested parties, at least 15 calendar days prior to the Board meeting and
Planning Commission hearing date. Additionally, notice was posted on the project site, along both the Fifth
Ave. and Mission Ave. frontages, at least 15 calendar days prior to the date of this hearing.
Prior to Conceptual Design Review, one (1) public comment was received in support of the project by a
swimmer on the Tamalpais Aquatic Masters (TAM) swim team. Prior to formal project review by the Board,
one (1) public comments was received by the then-owner of the adjacent parcel immediately east of the
site (1526 Fifth Ave.), supporting the project and rescinding prior comments made during the Conceptual
Design Review meeting in opposition of the project. At the time of printing and distributing staff’s report to
the Planning Commission, staff received seven (7) additional public comments, mostly (6 of 7 comments)
also in support of the project. Concerns include noise and lighting impacts and late night use. All public
comments are attached to the Planning Commission staff report as Exhibit 7.
CONCLUSION
The project proposes to replace and relocate an existing aquatic facility on the Marin Academy campus.
The swimming pool has been determined by Marin County Environmental Health Services to not comply
with current health and safety code requirements. The proposed project allows Marin Academy to continue
upgrading their existing facilities on campus while mitigating new potential impacts (light and noise). The
project will provide an opportunity to improvement landscape character on the project site and along both
Fifth and Mission Avenues. The project does not propose to increase the maximum allowable student
enrollment capacity for Marin Academy. On July 21, 2020, the Design Review Board reviewed the
proposed project and unanimously recommended approval of the site and building design, subject to the
minor recommended design changes which are conditions of approval (Condition No. 2, ED19-006).
EXHIBITS
1. Vicinity/Location map
2. Draft Resolution recommending approval of the project
3. Photo of Material and Color Board
4. General Plan 2020 Consistency Table
5. Zoning Ordinance Consistency Table
6. Summary of “Good Design Principals” for Downtown
7. Public comments
The project plans may be reviewed on the Planning webpage under “Major Planning Projects” or here.
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Exhibit 2
File Nos. UP19-005 & ED19-006 1
RESOLUTION NO. 20-
RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION CONDITIONALLY
APPROVING A USE PERMIT (UP19-005), AND AN ENVIRONMENTAL AND DESIGN
REVIEW PERMIT (ED19-006) TO ALLOW THE REPLACEMENT AND RELOCATION OF AN
EXISTING AQUATIC CENTER WITH A NEW 22.86-METER X 33-METER UNCOVERED
SWIMMING POOL, A TWO-STORY, 2,256 SQ. FT. SUPPORT BUILDING (RESTROOMS,
INDOOR AND OUTDOOR SHOWERS, CHANGING AND OFFICE AREAS, MECHANICAL
EQUIPMENT AND CHEMICAL STORAGE AREAS), FLAT WORK (CONCRETE DECKING),
SITE LIGHTING AND LANDSCAPING, PERIMETER METAL FENCING AND COURTYARD
WALLS, BLEACHER SEATING, PUBLIC ADDRESS (PA) SYSTEM AND LED
SCOREBOARD ON TWO ADJACENT DOWNTOWN PARCELS WITH A COMBINED AREA
OF 18,737 SQ. FT.
AT 1530 AND 1534 FIFTH AVE.
(APNS: 011-195-05 AND 011-201-07)
WHEREAS, on December 18, 2018, the Design Review Board (Board) provided
Conceptual Design Review comments on the project, which included: 1) Supports relocating
campus swimming pool to project site; 2) Noise and lighting impacts need to be mitigated; 3)
Chain link fence design is not supported; 4) Reduce massing of courtyard wall along east
elevation with 1526 Fifth Ave.by breaking up linear wall plane and/or variation in finishes,
textures and colors; 5) Design of support building along Mission Ave. frontage needs greater
detailing and better articulation; 6) Exceptional landscaping is needed; 7) Design of perimeter
fencing/gates and courtyard wall needs improving to increase viewability into site; 8) Applicant
encouraged to explore reducing swimming pool size to provide maximum flexibility in site
design; 9) Formal project plans should include sections and visual simulations; 10) Applicant
encouraged to seek conceptual review comments from the Planning Commission; and
WHEREAS, on February 1, 2019, formal project applications were submitted to the
Community Development Department, Planning Division, requesting a Use Permit (UP19-005)
and an Environmental and Design Review Permit (ED19-006) for the current project; and
WHEREAS, on July 21, 2020, the Board reviewed the formal project and unanimously
(2-0 vote) recommended approval of the site and building design, subject to the following
consensus comments: 1) Replace the chain link fencing with the higher-quality metal picket
fencing throughout the project; 2) Re-evaluate the appropriateness of the proposed planting
palette, particularly the use and/or location of the California Gray Rush; 3) Re-evaluate the
appropriateness of the proposed location of the proposed new trees for conflict with the
proposed drainage improvements and street trees; 4) Explore providing a greater and better
‘vine pocket’ planting area at the base of the retaining wall along the east elevation by off-
setting or recessing the footings. Include a section of the retaining wall in the plans; 5) Improve
the radii of the curb cut for the vehicle pull-off area along the Mission Ave. frontage and widen
the sidewalk behind the west curb cut; and 6) Include screening of the proposed
backflow/mechanical equipment area along the Fifth Ave. frontage; and
WHEREAS, on October 20, 2020, the San Rafael Planning Commission (Planning
Commission) held a duly noticed a hearing to consider the Use Permit (UP19-005) and
Environmental and Design Review Permit (ED19-006) applications, accepted and considered all
oral and written public testimony and the written report of Planning staff; and
Exhibit 2
File Nos. UP19-005 & ED19-006 2
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, the Planning Commission of the City of San
Rafael does hereby make the following findings related to the applications for the Use Permit
(UP19-005) and the Environmental and Design Review Permit (ED19-006):
Use Permit (UP19-005)
Findings
A. The proposed replacement and relocation of the aquatic center on the Marin Academy
campus, as presented and conditioned, will be in accord with the San Rafael General
Plan 2020, the objectives of Title 14 of the San Rafael Municipal Code (the Zoning
Ordinance) and the purposes of the Fifth/Mission Residential/Office (5/M R/O) District, in
which the project site is located, given that;
1. As documented in the General Plan 2020 Consistency Table (Exhibit 4 of the
10/13/20 Planning Commission staff report), the proposed project will implement
and promote the goals and policies of the San Rafael General Plan 2020;
2. As documented in the Zoning Ordinance Consistency Table (Exhibit 5 of the
10/13/20 Planning Commission staff report)), the proposed project will be
consistent with the objectives of the Zoning Ordinance; and
3. The proposed project will be consistent with the specific purposes of the 5/M R/O
District, given that; education and civic uses are allowed in addition to residential
and office uses (limited retail uses are also allowed on cross-streets from C St.
east).
B. The proposed replacement and relocation of the aquatic center on the Marin Academy
campus, as presented and conditioned, will not be detrimental to the public healrth,
safety or welfare, or materially injurious to properties or improvements in the vicinity, or
to the general welfare of the City, given that; the project has been reviewed by
appropriate City departments, non-City agencies, the appropriate surrounding
neighborhood groups (Downtown Business Improvement District, West End Village
Neighborhood Association and Federation of San Rafael Neighborhoods), interested
parties; and appropriate standard and site specific conditions of approval have been
included; and
C. The proposed replacement and relocation of the aquatic center on the Marin Academy
campus, as presented and conditioned, will comply with each of the applicable
provisions of the Zoning Ordinance; as documented in the Zoning Ordinance
Consistency Table (Exhibit 5 of the 10/13/20 Planning Commission staff report).
Environmental and Design Review Permit (ED19-006)
Findings
A. The project design, as revised, presented and conditioned, will be in accordance with
the San Rafael General Plan 2020, the objectives of Title 14 of the San Rafael Municipal
Code (the Zoning Ordinance) and the purposes of Chapter 25 of the Zoning Ordinance
(Environmental and Design Review Permits), given that;
Exhibit 2
File Nos. UP19-005 & ED19-006 3
1. As documented in the General Plan 2020 Consistency Table (Exhibit 4 of the
10/13/20 Planning Commission staff report), the proposed project will implement
and promote the goals and policies of the San Rafael General Plan 2020;
2. As documented in the Zoning Ordinance Consistency Table (Exhibit 5 of the
10/13/20 Planning Commission staff report), the proposed project will be
consistent with the objectives of the Zoning Ordinance; and
3. The proposed project will be consistent with the purposes of Environmental and
Design Review Permits, given that;
a) The project will ensure that the location, design and material and colors of
development blends with and enhances the natural setting, given that: the
Design Review Board reviewed the project on two (2) separate meetings
(conceptual review on December 18, 2018 and formal design review on July
21, 2020) and, on July 21, 2020, the Board unanimously recommended
approval of the project, finding the proposed site and building design
adequately matched those existing on the Marin Academy campus;
b) The project will maintain and improve the quality of, and relationship
between, development and the surrounding area to contribute to the
attractiveness of the City, given that; the project proposes to install new site
landscaping along both street frontage while will exceed the landscape
requirement and new frontage improvements, include new street trees and
sidewalk; and
c) The project will preserve and enhance view from other building and public
property, given that; the project proposes two-story scale of the project will
be consistent with the existing two-story scale on both the project site and
the adjacent parcels (1526 and 1540 Fifth Ave).
B. The project design, as revised, presented and conditioned, is consistent with all
applicable site, architecture and landscaping design criteria and guidelines for the
Fifth/Mission Residential/Office (5/M R/O) District in which the project site is located,
given that;
1. The proposed project will be consistent with property development standards for
the 5/M R/O District, including:
a) The project will be consistent with the maximum height allowed for the
project site, which is 36’ (The project proposes a 16’ building height);
b) The project will be consistent with the minimum required front yard setback,
which is 15’ along the Mission Ave. frontage (The project proposes a 77.5’
front yard setback);
c) The project will be consistent with the minimum landscaping requirement for
the site, which is 10% of the lot area (The project proposes 2,004 sq. ft. of
new site landscaping, primarily along the Fifth Ave. frontage and to a lesser
degree along the Mission Ave. frontage, where 1,874 sq. ft. of site
landscaping is required); and
Exhibit 2
File Nos. UP19-005 & ED19-006 4
d) The project will be consistent with the maximum Floor Area Ratio allowed for
the site, which is 0.50 FAR or 9,368.5 sq. ft. of nonresidential development
(The project proposes 0.12 FAR or 2,256 sq. ft. of nonresidential
development);
2. The proposed project will be consistent with recommended site lighting levels of
one (1) foot candle at ground level overlap at all exterior doorways and vehicle
parking areas, one-half (1/2) foot candle at ground level overlap along all outdoor
pedestrian walkways, and less than one (1) foot candle at ground level overlap at
all property lines; and
3. The proposed project will be consistent with review criteria for Environmental and
Design Review Permits (Chapter 14.25 of the Zoning Ordinance), given that; at
their July 21, 2020 meeting, the Design Review Board reviewed and
unanimously recommended approval of the project design (site and building
design.
C. The project design, as revised, presented and conditioned, minimizes adverse
environmental impacts, given that;
1. The project design includes storm water retention areas or ‘bioswales’ which will
have the effect of creating a ‘no net change’ in the rate of storm water drainag e
on the project site, as determined and recommended for approval by the City
Engineer after reviewing submitted drainage plans for the project;
2. The project site is already significantly developed and disturbed and neither
contains, nor is immediately contiguous to, recognizable wetlands, creeks or
similarly sensitive environmental features, and it has not been identified in the
San Rafael General Plan 2020 (Exhibit 38 – Threatened and Endangered
Species) as a general location were threatened and endangered species have
been previously observed or maintain a suitable habitat for their likely presence
to be found; and
3. The project proposes to remove four (4) existing trees, two (2) of which are
deemed ‘significant’ (i.e., any Oak tree more than 6” in diameter or any tree more
than 12” in diameter, as measured 4.5’ above the root crown, and in good health
and form) and plant 11 replacement trees. The project also proposes to plant five
(5) new street trees where there is none currently (3 new street trees along the
Fifth Ave. frontage and 2 new street trees along the Mission Ave. frontage).
D. The project design, as revised, presented and conditioned, will not be detrimental to the
public health, safety or welfare, or materially injurious to properties or improvements in
the vicinity, or to the general welfare of the City, given that; 1) The project has been
reviewed by appropriate City departments, non-City agencies, the appropriate
surrounding neighborhood groups (Downtown Business Improvement District, West End
Village Neighborhood Association and the Federation of San Rafael Neighborhoods),
interested parties, and conditions of approval have been included to mitigate any
potential negative impacts anticipated to be generated by the project; and 2) The Design
Review Board reviewed the project on two (2) separate meetings (conceptual review on
December 18, 2018 and formal design review on July 21, 2020) and, on July 21, 2020,
the Board unanimously recommended approval of the site and building design, subject
Exhibit 2
File Nos. UP19-005 & ED19-006 5
to recommendations which have been incorporated as a condition of approval
(Condition No. 2; ED19-006.
California Environmental Quality Act (CEQA)
Findings
Pursuant to CEQA (California Environmental Quality Act) Guidelines Section 15061, the
proposed project is exempt from CEQA pursuant to CEQA Guidelines Section 15332 (In-Fill
Development Projects), Class 32 the project is an in-fill development project that meets the
criteria listed below:
a) The project is consistent with all applicable General Plan and policies and Zoning
Ordinance regulations as documented by the attached consistency tables (see
Exhibits 4 and 5, respectively);
b) The proposed development is located with the city limits on a project site no more
than five (5) acres substantially surrounded by urban uses given that the project site
is 18,737 sq. ft. (0.43 acre) in area. The project site is located within the jurisdictional
boundaries of the City of San Rafael and is surrounded by urban development;
c) The project site has no value as habitat for endangered, are or threatened species
given that the project site, and all of Downtown, is not identified in the General Plan
(Conservation Element; Exhibit 38, “Threatened and Endangered Species” map) as
containing suitable or critical habitat to sustain threatened and endangered species;
d) Approval of the project would not result in any significant impacts to traffic, noise, air
quality or water quality given that appropriate studies were conducted, submitted
and reviewed by the appropriate city departments. The results are that no significant
impacts would result from the project which cannot be mitigated with standard
conditions of approvals
e) The project site can be adequately served by all required utilities and public services
given that the site is currently served, and will continue to be served, by City services
and non-city agency service providers and the applicable service providers have
indicated, through design or conditions, support for the project.
BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Rafael
does hereby approve the Use Permit (UP19-005) and Environmental and Design Review Permit
(ED19-006), based on the findings of fact above and, subject to the following conditions of
approval:
Use Permit (UP19-005)
Conditions of Approval
General and On-Going
Community Development Department, Planning Division
1. This Use Permit, generally, approves allows the expansion of the Marin Academy campus
on the project site through the replacement and relocation of the existing aquatic center with
site improvements (i.e., a new 25-yard x 33-meter uncovered swimming pool, a two-story,
2,256 sq. ft. support building (restrooms, indoor and outdoor showers, changing and office
areas, mechanical equipment and chemical storage areas), flat work (concrete decking),
Exhibit 2
File Nos. UP19-005 & ED19-006 6
site lighting and landscaping, perimeter metal fencing and courtyard walls, bleacher seating
and LED-illuminated scoreboard).
2. This Use Permit does not approve an increase in the maximum allowable enrollment
capacity (450 students) under the current Master Use Permit (UP14-013) for Marin
Academy.
3. This Use Permit shall run with the land and shall remain valid regardless of any change of
ownership of the project site, subject to these conditions. This Use Permit will fully vest once
a building/grading permit is issued and ‘substantial construction’ is commenced or a time
extension request is submitted to the City’s Community Development Department, Planning
Division, within two (2) years of original approval, or by October 20, 2022 (‘Substantial
construction’ is defined as the pouring of all required foundations and the installation of
vertical components, such as exterior walls). Failure to obtain a grading/building permit and
commence ‘substantial construction’ or submit a time extension request by the specified
date will result in the expiration of this Use Permit.
4. This Use Permit shall run concurrently with the Environmental and Design Review Permit
(ED19-006) approval. If the Environmental and Design Review Permit approval expires, this
Use Permit approval shall also expire and become invalid.
Environmental and Design Review Permit (ED19-006)
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 October 20, 2020 hearing, and on file with
the Community Development Department, Planning Division, shall be the same as
submitted for building permits, subject to these conditions. Minor modifications or revisions
to the project shall be subject to review and approval of the Community Development
Department, Planning Division. Further modifications deemed not minor by the Community
Development Director shall require review and approval by the original decision-making
body, the Planning Commission and may require review and recommendation by the City’s
Design Review Board.
2. This Environmental and Design Review Permit approves the demolition of two (2) two-story
office buildings and surface parking on the project site and the construction of a new
aquatic center with miscellaneous site improvements (i.e., a new 22.86-meter x 33-meter
uncovered swimming pool, a two-story, 2,256 sq. ft. support building (restrooms, indoor and
outdoor showers, changing and office areas, mechanical equipment and chemical storage
areas), flat work (concrete decking), site lighting and landscaping, perimeter metal fencing
and courtyard walls, bleacher seating, public address (PA) system and LED-illuminated
scoreboard, subject to the following design modifications recommended by the Design
Review Board at their July 21, 2020 meeting:
• Replace the chain link fencing with the higher-quality metal picket fencing throughout
the project;
• Re-evaluate the appropriateness of the proposed planting palette, particularly the use
and/or location of the California Gray Rush;
Exhibit 2
File Nos. UP19-005 & ED19-006 7
• Re-evaluate the appropriateness of the proposed location of the proposed new trees for
conflict with the proposed drainage improvements and street trees;
• Explore providing a greater and better ‘vine pocket’ planting area at the base of the
retaining wall along the east elevation by off -setting or recessing the footings. Include a
section of the retaining wall in the plans;
• Improve the radii of the curb cut for the vehicle pull-off area along the Mission Ave.
frontage and widen the sidewalk behind the west curb cut; and
• Include screening of the proposed backflow/mechanical equipment area along the Fifth
Ave. frontage.
3. All ‘off-haul’ of excavation, delivery of materials and delivery/pick-up of construction
equipment shall occur during off -peak weekday hours, between 9:00 a.m. and 4:00 p.m.,
Monday through Friday only.
4. Consistent with the standard noise ordinance requirements for construction (SRMC Chapter
8.13), all grading and construction activities shall be limited to 7 a.m. to 6 p.m., Monday
through Friday, and 9 a.m. to 6 p.m., Saturdays. All grading and construction activities are
strictly prohibited on Sundays and State- or federally-recognized holidays.
5. Final landscape and irrigation plans for the project shall comply with the provisions of Marin
Municipal Water District’s (MMWD) most recent water conservation ordinance and
graywater recycling system requirements. Construction plans submitted for issuance of
building/grading permit shall be pre-approved by MMWD and stamped as approved by
MMWD or include a letter from MMWD approving the final landscape and irrigation plans.
Modifications to the final landscape and irrigation plans, as required by MMWD, shall be
subject to review and approval of the Community Development Department, Planning
Division.
6. All new landscaping shall be irrigated with an automatic drip system and maintained in a
healthy and thriving condition, free of weeds and debris, at all times. Any dying or dead
landscaping shall be replaced in a timely fashion.
7. All other site improvements, including but not limited to the site lighting, hardscape, and
fencing/gates shall be maintained in good, undamaged condition at all times. Any damaged
improvements shall be replaced in a timely manner.
8. The site shall be kept free of litter and garbage. Any trash, junk or damaged materials that
are accumulated on the site shall be removed and disposed of in a timely manner.
9. All public streets and sidewalks that are impacted by the grading and construction operation
for the project shall be kept clean and free of debris at all times. The general contractor
shall sweep the nearest street and sidewalk adjacent to the site on a daily basis unless
conditions require greater frequency of sweeping.
10. All submitted building permit plan sets shall include a plan sheet incorporating these
conditions of approval.
11. If archaeological or cultural resources are accidentally discovered during excavation/grading
activities, all work will stop within 100 feet of the resource and the qualified archaeologist
will be notified immediately. The qualified archaeologist will contact Federated Indians of
Graton Rancheria (FIGR) and the Planning Division and coordinate the appropriate
Exhibit 2
File Nos. UP19-005 & ED19-006 8
evaluation of the find and implement any additional treatment or protection, if required. No
work shall occur in the vicinity until approved by the qualified archaeologist, FIGR and
Planning staff. Prehistoric resources that may be identified include, but shall not be limited
to, concentrations of stone tools and manufacturing debris made of obsidian, basalt and
other stone materials, milling equipment such as bedrock mortars, portable mortars and
pestles and locally darkened soils (midden) that may contain dietary remains such as shell
and bone, as well as human remains. Historic resources that may be identified include, but
are not limited to, small cemeteries or burial plots, structural foundations, cabin pads, cans
with soldered seams or tops, or bottles or fragments or clear and colored glass.
12. If human remains are encountered (or suspended) during any project-related activity, all
work will halt within 100 feet of the project and the County Coroner will be contacted to
evaluate the situation. If the County Coroner determines that the human remains are of
Native American origin, the County Coroner shall notify FIGR within 24-hours of such
identification who will work with Planning staff to determine the proper treatment of the
remains. No work shall occur in the vicinity without approval from Planning staff.
13. Applicant agrees to defend, indemnify, release and hold harmless the City, its agents,
officers, attorneys, employees, boards and commissions from any claim, action or
proceeding brought against any of the foregoing individuals or entities ("indemnities"), the
purpose of which is to attack, set aside, void or annul the approval of this application or the
adoption of any environmental document which accompanies it. This indemnification shall
include, but not be limited to, damages, costs, expenses, attorney fees or expert witness
fees that may be asserted or incurred by any person or entity, including the applicant, third
parties and the indemnities, arising out of or in connection with the approval of this
application, whether or not there is concurrent, passive or active negligence on the part of
the indemnities.
14. In the event that any claim, action or proceeding as described above is brought, the City
shall promptly notify the applicant of any such claim, action or proceeding, and the City will
cooperate fully in the defense of such claim, action, or proceeding. In the event the
applicant is required to defend the City in connection with any said claim, action or
proceeding, the City shall retain the right to: 1) approve the counsel to so defend the City; 2)
approve all significant decisions concerning the manner in which the defense is conducted;
and 3) approve any and all settlements, which approval shall not be unreasonably withheld.
Nothing herein shall prohibit the City from participating in the defense of any claim, action or
proceeding, provided that if the City chooses to have counsel of its own to defend any claim,
action or proceeding where applicant already has retained counsel to defend the City in
such matters, the fees and the expenses of the counsel selected by the City shall be paid by
the City.
15. As a condition of this application, applicant agrees to be responsible for the payment of all
City Attorney expenses and costs, both for City staff attorneys and outside attorney
consultants retained by the City, associated with the reviewing, processing and
implementing of the land use approval and related conditions of such approval. City
Attorney expenses shall be based on the rates established from time to time by the City
Finance Director to cover staff attorney salaries, benefits, and overhead, plus the actual
fees and expenses of any attorney consultants retained by the City. Applicant shall
reimburse the City for City Attorney expenses and costs within thirty (30) days following
billing of same by the City.
Exhibit 2
File Nos. UP19-005 & ED19-006 9
16. This Environmental and Design Review Permit shall run with the land and shall remain valid
regardless of any change of ownership of the project site, subject to these conditions. This
Environmental and Design Review Permit will fully vest once a building/grading permit is
issued and ‘substantial construction’ is commenced or a time extension request is submitted
to the City’s Community Development Department, Planning Division, within two (2) years
of original approval, or by October 20, 2022 (‘Substantial construction’ is defined as the
pouring of all required foundations and the installation of vertical components, such as
exterior walls). Failure to obtain a grading/building permit and commence ‘substantial
construction, or failure to obtain a time extension within the two-year period, will result in the
expiration of this Environmental and Design Review Permit.
17. This Environmental and Design Review Permit shall run concurrently with the Use Permit
(UP19-005) approval. If the Environmental and Design Review Permit expires, the Use
Permit approval shall also expire and become invalid.
Prior to Issuance of Demolition Permits
Community Development Department, Building Division
18. Prior to issuance of a demolition permit, the project sponsor shall submit verification that the
requirements of the Bay Area Air Quality Management District (BAAQMD) have been met
and necessary permits have been issued for demolition of the existing buildings.
19. Prior to the issuance of a demolition permit, the applicant shall submit written verification
from a pest control consultant indicating that the project site has been serviced to eliminate
rodents.
20. Prior to the issuance of a demolition permit, the applicant shall submit asbestos
certifications and PG&E disconnect notices.
Public Works Department
21. Prior to demolition permit, the applicant shall submit a detailed traffic control plan for review
and approval of the City’s Traffic Engineer. This plan shall indicate the haul/off-haul truck
routes, size of trucks to be used for hauling/off-haul and the frequency/times of any haul/off-
haul. All traffic from any haul/off-haul shall be conducted outside of the A.M. or P.M. peak
hours (after 9:00 A.M and before 4:00 P.M.).
22. All construction staging shall occur on-site or another site with appropriate approvals from
property owner. No staging shall occur on City right-of-way without review and approval of
the Department of Public Works
Prior to Issuance of Grading/Building Permits
Community Development Department, Planning Division
23. To reduce potential temporary construction and grading noise impacts on the project site to
meet the City’s 90 dBA noise limit, the applicant shall demonstrate to the satisfaction of the
Community Development Department, Planning Division, that the project complies with the
following:
A. Construction contracts specify that all construction and grading equipment, fixed or
mobile, shall be equipped with properly operating and maintained mufflers and other
State-required noise attenuation devices.
Exhibit 2
File Nos. UP19-005 & ED19-006 10
B. Property owners and occupants located within 250 feet of the project boundary shall
be sent a notice, at least 15-days prior to commencement of construction or grading
of each phase, regarding the construction or grading schedule of the project. A sign,
legible at a distance of 50 feet (50’) shall also be posted at the project site. All
notices and signs shall be reviewed and approved the Community Development
Director (or designee), prior to mailing or posting and shall indicate the dates and
duration of construction or grading activities, as well as provide a contact name and
a telephone number where residents and business owners can inquire about the
construction or grading process and register complaints.
C. The General Contractor shall provide evidence that a construction staff member
would be designated as a Noise Disturbance Coordinator and would be present on-
site during construction or grading activities. The Noise Disturbance Coordinator
shall be responsible for responding to any local complaints about construction or
grading noise. When a complaint is received, the Noise Disturbance Coordinator
shall notify the Community Development Department, Planning Division, within 24-
hours of the compliant and determine the cause of the noise complaint (e.g., starting
too early, bad muffler, etc.) and shall implement reasonable measures to resolve the
complaint, as deemed acceptable by the Community Development Director (or
designee). All notices that are sent to residential units and business owners
immediately surrounding the project site and all signed posted at the project site
shall include the contact name and telephone number for the Noise Disturbance
Coordinator.
D. The applicant shall demonstrate to the satisfaction of the Community Development
Director (or designee) that construction and grading noise reduction methods shall
be used where feasible. These reduction methods include shutting-off idling
equipment, installing temporary acoustic barriers around stationary construction and
grading noise sources, maximizing the distance between construction and grading
staging areas and occupied residential and commercial areas, and electric air
compressors and similar power tools.
E. Construction and excavation/grading off-haul truck routes shall be designed to avoid
noise sensitive uses (e.g., residences, assisted senior living facilities, hospitals, etc.)
to the greatest extent feasible.
F. During construction and grading, stationary equipment shall be placed such that
emitted noise is directed away from sensitive noise receivers.
24. The project sponsor shall inform the contractor, general contractor or site supervisor of
these requirements and shall be responsible for informing subcontractors of these
requirements and for implementing these measures on the site.
25. Any outstanding Planning Division application processing fees shall be paid prior to grading
or building permit issuance.
26. All mechanical equipment (i.e., air conditioning units, meters and transformers) and
appurtenances not entirely enclosed within the building shall be fully-screened from public
view. The method used to accomplish the screening shall be indicated on the building plans
and approved by the Planning Division.
Exhibit 2
File Nos. UP19-005 & ED19-006 11
27. As recommended by the submitted acoustical study (Charles M. Salter Associates Inc.,
dated January 29, 2019), the project design and operations shall incorporate the following
items to meet the San Rafael Noise Ordinances’ “intermittent” noise goals or standards:
a) To reduce “nighttime” noise limits at the northern property line, provide the following
lengths of lined ductwork:
1) EF-2: 5-feet of sheetmetal ductwork internally-lined with minimum 1-inch thick
internal duct liner prior to the rooftop return air opening.
2) FCU-2: 5-feet of sheetmetal ductwork internally-lined with minimum 1-inch thick
internal duct liner prior to the return air opening.
b) To meet nighttime noise limits at all property lines, the Public Address (PA) system
shall be limited to the following:
1) During “daytime” hours (i.e., between 7 a.m. and 9 p.m. Sunday through
Thursday, and between 7 a.m. and 10 p.m. Fridays and Saturdays), the PA
system shall be limited to 95 dB at 3-feet. Loudspeakers shall be oriented so as
to minimize sound propagation to adjacent property lines but, rather, focus on
the pool occupants and spectators.
2) During “nighttime” hours (i.e., between 9 p.m. and 7 a.m. Sunday through
Thursday, and between 10 p.m. and 7 a.m. Fridays and Saturdays), the PA
system shall be limited to 85 dB at 3-feet.
c) Marin Academy shall use only the Fox 40 Pearl and Fox 40 Pear whistles (which
have a maximum sound power level of 90 dB, quieter that more common sports
whistles), so as to ensure that the intermittent noise levels are not exceeded at
property lines.
28. As recommended by the submitted lighting study (Auerbach-Glasow, dated March 19,
2020), the lighting design for the project shall include both photosensors and vacancy
sensors to control lighting on the site.
29. The project’s design and construction shall comply with the recommendations provided in
the submitted Geotechnical Investigation Report (Miller Pacific Engineering Group, dated
July 16, 2018).
30. A Construction Management Plan (CMP) shall be prepared and submitted to the
Community Development Department, Planning Division, for review and approval of both
Community Development Department and Department of Public Works. The CMP shall
include
a. Projected schedule of work,
b. Projected daily construction truck trips,
c. Proposed construction truck route, location of material staging areas,
d. Location of construction trailers, location of construction worker parking,
e. Designated contact information for contractor and property owner to be posted on
site in case of noise or other construction-related activities.
f. Statement that the project shall conform to the City’s Noise Ordinance (Chapter 8.13
of the San Rafael Municipal Code),
Exhibit 2
File Nos. UP19-005 & ED19-006 12
g. Statement that no construction truck traffic shall encroach into any of the
surrounding residential neighborhood streets at any time, and
h. Statement that the existing roadway conditions on Fifth and Mission Avenues shall
be memorialized on digital recording format prior to the start of construction and that
the project sponsor shall be required to repair any roadway damage created by the
additional construction truck traffic.
i. In the event that the CMP is conflicting with any conditions imposed by the grading
permit for the project, the more restrictive language or conditions shall prevail.
31. The project shall mitigate potential air quality impacts associated with construction and
grading activities by preparing and submitting a Dust Control Plan to the City of San Rafael
Community Development Department for review and approval. This Dust Control Plan shall
implement BAAQMD (Bay Area Air Quality Management District) established standard
measures (Basic Construction Mitigation Measures) for reducing fugitive dust emissions,
including but not limited to:
• All exposed surfaces (e.g., parking areas, staging areas soil piles, graded areas and
unpaved access roads) shall be watered two times per day.
• All haul trucks transporting soil, sand, or other loose material off -site shall be
covered.
• All visible mud or dirt tracked-out onto adjacent public roads shall be removed using
wet power vacuum street sweepers at least once per day. The use of dry power
sweeping is prohibited.
• All vehicle speeds on unpaved roads shall be limited to 15 mph.
• All roadways, driveways, and sidewalks to be paved shall be completed as soon as
possible.
• Building pads shall be laid as soon as possible after grading unless seeding or soil
binders are used.
• Idling times shall be minimized either by shutting equipment off when not in use or
reducing the maximum idling time to five (5) minutes (as required by the California
airborne toxics control measure; Title 13, Section 2485 of California Code of
Regulations (CCR)). Clear signage shall be provided for grading and construction
workers at all access points.
• All construction equipment shall be maintained and properly tuned in accordance
with manufacturer’s specifications. All equipment shall be checked be a certified
mechanic and determined to be running in proper condition prior to operation.
32. The Project sponsor shall inform the contractor, general contractor or site supervisor of
these requirements and shall be responsible for informing subcontractors of these
requirements and for implementing these measures on the site.
33. A dust control / noise control coordinator shall be designated for the Project.
a. A publicly visible sign shall be posted on the site with the telephone number and the
name of person regarding dust or construction complaints. This person shall be the
applicant or contractor team and shall have the authority to take corrective action.
The coordinator shall respond to any complaints and take corrective action within 48
hours of receipt. The BAAQMD phone number and City of San Rafael phone
numbers shall also be visible to ensure compliance with applicable regulations.
b. Prior to issuance of the building permit, the form, design and content of the sign
shall be reviewed and approved by the Planning Division.
Exhibit 2
File Nos. UP19-005 & ED19-006 13
Department of Public Works
34. The two lots that form the project site (APNS: 011-195-05 and 011-201-07) shall be
consolidated. It appears portions of the proposed improvements also encroach onto the
adjacent lot at 1540 Fifth Ave. and, therefore, will require the project site to be consolidated
with the adjacent parcel.
35. A new or relocated drainage easement shall be provided for the revised storm drain
alignment. This easement shall include a statement that it is the owner’s responsibility to
maintain the storm drain.
36. The proposed turn-out loading/unloading or parking area along the Mission Ave. frontage
results in the sidewalk being partially on-site. A new public access or sidewalk easement
shall be provided in order to accommodate the new loading/unloading or parking area.
Signage for the new loading/unloading or parking area shall be reviewed and approved by
the Department of Public Works.
37. Frontage improvements shall include sidewalk, curb and gutter for the full frontage along
both Fifth and Mission Aves. New Street lighting may be required.
38. The interior edge of the sidewalk around the loading/unloading or parking bay shall be
flared to reduce the change in direction for pedestrians.
39. An encroachment permit shall be required from the Department of Public Works prior to
any work within the Right-of-Way. Please note that both Fifth and Mission Avenues are
currently moratorium streets and full-width resurfacing is required.
40. Flow from the new swimming pool shall not be directed into the storm drain (The overflow
shown on Sh. No. SP.11 and pool deck area drains are currently shown as connected to the
storm drain, which flows to the Bay.).
41. The plans shall show how the bioretention areas and drainage management areas are
calculated and routed. The hardscape areas shall be directed to the various treatment areas
prior to leaving the site, such that there are no direct connections from impervious surfaces
to the storm drain.
The plans shall show how the drainage areas will be treated and the sizing of the retention
areas. Please refer to MCSTOPPP’s (Marin County Stormwater Pollution Prevention
Program) website and the BASMAA manual for more information:
http://www.marincounty.org/depts/pw/divisions/mcstoppp/development/new-and-
redevelopment-projects.
42. It appears that the project site proposes over 5,000 square feet of total new impervious area
and is regulated under MCSTOPPP requirements, even after reducing the area for the
swimming pool when connected to the sanitary sewer. Provide a stormwater control plan,
which includes a written document, in addition to an erosion control plan and drainage plan
show on the plans. A stormwater facilities maintenance agreement shall be required. More
specific information is available from MCSTOPPP, hosted on the Marin County website
referenced above.
43. Connection to the storm drain shall be limited to one location, which allows for better
separation from the on-site and through-site drainage.
Exhibit 2
File Nos. UP19-005 & ED19-006 14
44. Footing and retaining wall back-drains shall be kept separate from storm drains so that
flows from the storm drains do not back up into the perforated pipe systems.
45. The location of the storm drain manhole near Mission Ave. shall be located where it is easily
accessible, such as in the new sidewalk. The storm drain line from the catch-basin shall be
kept straight. This may result in the necessary removal of an existing street tree, which shall
be replaced in an appropriate location where it does not conflict with the utilities.
46. The bioretention detail indicates it will be located close to the foundation and waterproofed.
This waterproofing should be extended up to an elevation above the overflow inlet.
47. The hydrostatic valve is located within the intake well for the pumping system. Please
confirm that the pumping system can be operated without affecting the valve.
48. A grading permit is required from the Department of Public Works prior to any earthwork on
the site. Any grading permit submittal shall include a site-specific erosion and sediment
control plan, and a construction management plan with truck routing and an estimated
number of truck trips. The number of truck trips may be limited during peak hours (6 -8 a.m.
and 4-6 p.m.) and school drop-off/pick-up.
49. Confirm the elevations shown throughout the plans (Sh. No. DP.1 does not appear to be
consistent with the grading plan).
50. Provide an updated campus plan for traffic to include the new aquatic center. Include
analysis for the intersection of Mission and Cottage Avenues, with respect to pedestrians
and signal warrants. Signalization may be required to accommodate the pedestrian and
vehicular circulation.
51. A construction vehicle impact fee shall be required at the time of building permit issuance;
which is calculated at 1% of the valuation, with the first $10,000 of valuation exempt.
San Rafael Sanitation District (SRSD)
52. All sewer related work shall be performed in accordance to SRSD Standards.
53. The Utility Plan (Sh. No. C2.20) shall be revised, as follows:
a) Indicate the material type of the proposed new sewer lateral.
b) The project shall connect directly to the sewer manhole located in the sidewalk along
the Fifth Avenue frontage. The existing 4”-diameter manhole shall be removed and
replaced with a 5”-diameter manhole to meet the required additional capacity.
c) Add the following note: “Notify the San Rafael Sanitation District Inspector, Rolando
Calvo, a minimum 72 hours prior to the start of the sanitary sewer construction at
(415) 485-3194 or Rolando.Calvo@cityofsanrafael.org”.
54. A new sewer connection fee is required prior to building permit issuance, based on the
following credits and calculations:
Existing Plumbing Fixtures
Description No. of Fixtures No. of Units Per Fixture Total Fixture Units
Water Closet 10 4.0 40.0
Bathroom Sink, Single 39 1.0 39.0
Exhibit 2
File Nos. UP19-005 & ED19-006 15
Shower 1 2.0 2.0
Total Existing 81.0
Proposed New Plumbing Fixtures
Description No. of Fixtures No. of Units Per Fixture Total Fixture Units
Water Closet 9 4.0 36.0
Urinal 4 2.0 8.0
Bathroom Sink, Sets 2 2.0 4.0
Bathroom Sink, Single 1 1.0 1.0
Service Drain 1 3.0 3.0
Floor Drain 17 2.0 34.0
Shower 12 2.0 24.0
Drinking Fountain 2 0.5 1.0
Total New 111.0
SRSD: 30.0 FU x $228.73 per Fixture Unit = $6,861.90
CMSA: 30.0 FU x $390.79 per Fixture Unit = $11,723.70
Total Connection Fees Due to SRSD: $18,585.60 (Effective July 1, 2019 to June 30,
2020. Subject to change after June 30, 2020)
Community Development Department, Building Division
55. 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.
56. A building permit is required for the proposed work. Applications shall be accompanied by
four (4) complete sets of construction drawings to include:
a) Architectural plans
b) Structural plans
c) Electrical plans
d) Plumbing plans
e) Mechanical plans
f) Site/civil plans (clearly identifying grade plan and height of the building)
g) Structural Calculations
h) Truss Calculations
i) Soils reports
j) Green Building documentation
k) Title-24 energy documentation
57. The occupancy classification, construction type and square footage of each building shall
be specified on the plans. In mixed occupancies, each portion of the building shall be
individually classified.
58. A demolition permit is required.
59. The project shall be designed to provide access to the physically disabled in accordance
with requirements of Title-24, California Code of Regulation. For existing buildings and
facilities when alterations, structural repairs or additions are made, accessibility
Exhibit 2
File Nos. UP19-005 & ED19-006 16
improvements for persons with disabilities may be required unless CASP report states
compliant. Improvements shall be made, but are not limited to, the following accessible
features:
a) Path of travel from public transportation point of arrival
b) Routes of travel between buildings
c) Accessible parking
d) Ramps
e) All public entrances
f) Sanitary facilities (restrooms)
g) Drinking fountains & Public telephones (when provided)
h) Accessible features per specific occupancy requirements
i) Accessible special features, (i.e., ATM's point of sale machines, etc.)
60. The site development of items such as common sidewalks, parking areas, stairs, ramps,
common facilities, etc. are subject to compliance with the accessibility standards contained
in Title-24, California Code of Regulations. Pedestrian access provisions should provide a
minimum 48" wide unobstructed paved surface to and along all accessible routes. Items
such as signs, meter pedestals, light standards, trash receptacles, etc., shall not encroach
on this 4' minimum width. Also, note that sidewalk slopes and side slopes shall not exceed
published minimums. The civil, grading and landscape plans shall address these
requirements to the extent possible.
61. Public accommodation disabled parking spaces must be provided according the following
table and must be uniformly distributed throughout the site:
Total Number of Parking
Spaces
Provided
Minimum Required Number of
H/C Spaces
1 to 25 1
26 to 50 2
51 to 75 3
76 to 100 4
101 to 150 5
151 to 200 6
201 to 300 7
301 to 400 8
401 to 500 9
501 to 1,000 Two percent of total
1,001 and over Twenty, plus one for each 100
or fraction thereof over 1,001
62. At least one (1) disabled parking space shall be van-accessible, 9’ in width plus an 8’-wide
off- load area. Additionally, one in every eight required handicap spaces shall be van
accessible.
63. Minimum shower size in the fully accessible room is either 60”-wide by 30”-deep or 42”-wide
by 48”-deep.
Exhibit 2
File Nos. UP19-005 & ED19-006 17
64. This project is subject to the City of San Rafael Green Building Ordinance. A sliding scale is
applied based on a valuation of the project. Upon submittal of a building permit application,
incremental energy-efficiency tools will need t be included as part of the application such as
documentation that LEED Prerequisites WE P1 and EA P3 and Credit EA C1.3 have been
addressed in the project plans, and waste management.
65. Review and approval by the Marin County Health Department may be required prior to
building permit submittal.
San Rafael Fire Department, Fire Prevention Bureau
66. 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.
67. Deferred Submittals for the following fire protection systems shall be submitted to the Fire
Prevention Bureau for approval and permitting prior to installation of the systems:
a) Fire Sprinkler plans (Deferred Submittal to the Fire Prevention Bureau)
b) Fire Underground plans (Deferred Submittal to the Fire Prevention Bureau)
c) Fire Alarm plans (Deferred Submittal to the Fire Prevention Bureau)
68. A fire apparatus access plan shall be prepared for this project. Fire apparatus plan shall
show the location the following:
a) Fire Department Connection (FDC).
b) Double detector check valve.
c) Street address sign.
d) Recessed Knox Box.
e) Fire Alarm annunciator panel.
f) NFPA 704 placards.
69. A Knox Box is required at the primary point of first response to the new building. A recessed
mounted Knox Box # 3275 Series shall be clearly visible upon approach to the main
entrance from the fire lane. Note the Knox Box must be installed from 72” to 78” above
finish grade; show the location on the plans. See https://www.knoxbox.com/commercial-
knoxboxes/.
70. Hazardous Materials Placards shall be installed in accordance with NFPA 704
71. Provide a Hazardous Material Management Plan to be submitted to Marin County
Department of Public Works, CUPA.
72. The project sponsor shall contact MMWD (Marin Municipal Water District) to make
arrangements for the water supply serving the fire protection system.
During Construction
Community Development Department, Planning Division
73. Applicant/contractor shall comply with all conditions of approval related to Construction
Management Plan, and other conditions related to construction impacts.
74. The following measures shall be implemented during the demolition process:
Exhibit 2
File Nos. UP19-005 & ED19-006 18
a. Watering shall be used to control dust generation during demolition of structures and
breakup of pavement.
b. All trucks hauling debris from the site shall be covered
c. Dust-proof chutes shall be used to load debris into trucks whenever feasible.
d. A dust control coordinator shall be designated for the project. The name, address
and telephone number of the dust coordinator shall be prominently posted on-site
and shall be kept on file at the Planning Division. The coordinator shall respond
regarding dust complaints promptly (within 24 hours) and shall have the authority to
take corrective action.
Marin Municipal Water District (MMWD)
75. District records indicate that the property’s current annual water entitlement of 2.70 acre-
feet may be insufficient to meet the water demand for the project and the purchase of
additional water entitlement may be required. Additional water entitlement will be available
upon request and fulfillment of the following requirements:
a) Complete a High-Pressure Water Service Application.
b) Submit a copy of the building permit.
c) Pay the appropriate fees and charges.
d) Complete the structure’s foundation within 120 days of the date of application.
e) Comply with the District’s rules and regulations in effect at the time service is
requested, including the installation of a meter per structure per use.
f) Comply with all indoor and outdoor requirements of District Code Title 13 – Water
Conservation. Indoor plumbing fixtures shall meet specific efficiency requirements.
Landscape, irrigation, grading and fixture plans shall be submitted to the District for
review and approval. Any questions regarding District Code Title 13 – Water
Conservation should be directed to the District’s Water Conservation Department at
(415) 945-1497. You may also find information on the District’s water conservation
requirements online at www.marinwater.org.
g) Comply with the backflow prevention requirements, if upon the Districts review
backflow protection is warranted, including installation, testing and maintenance.
Questions regarding backflow requirements should be directed to the Backflow
Prevention Program Coordinator at (415) 945-1558.
h) Comply with Ordinance No. 429 requiring the installation of gray water recycling
systems when practical for all projects required to install new water service and
existing structures undergoing “substantial remodel” that necessitates an enlarged
water service.
Pacific Gas & Electric
76. Electric and gas service to the project site will be provided in accordance with the applicable
extension rules, which are available on PG&E’s website at
http://www.pge.com/myhome/customerservice/other/newconstruction or contact (800) PGE-
5000. It is highly recommended that PG&E be contacted as soon as possible so that there
is adequate time to engineer all required improvements and to schedule any site work .
77. The cost of relocating any existing PG&E facilities or conversion of existing overhead
facilities to underground shall be the sole responsibility of the applicant or property owner.
78. Prior to the start excavation or construction, the general contractor shall call Underground
Service Alert (USA) at (800) 227-2600 to have the location of any existing underground
facilities marked in the field.
Exhibit 2
File Nos. UP19-005 & ED19-006 19
Prior to Occupancy
Community Development Department, Planning Division
79. Prior to occupancy, a post-construction report from a lighting engineer shall be submitted to
the Planning Division verifying that the lighting levels of the project comply with the lighting
levels approved for the project
80. 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.
81. The landscape architect for the project shall submit a letter to the Planning Division,
confirming the landscaping has been installed in compliance with the approved project plans
and the irrigation is fully functioning.
After Occupancy
Community Development Department, Planning Division
82. 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 20th day of October 2020.
Moved by Commissioner_____________and seconded by Commissioner ________________.
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST:
Paul A. Jensen, Secretary
;
~
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COLOR+ MATERIAL BOARD MARIN ACADEMY AQUATIC CENTER
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GL-2
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~--------PICKET METAL GATE : MT -1
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ON NORTH FACADE : MT -1
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GL -1 TRANSLUCENT INSULATING GLASS
~---POOL HOUSE EXTERIOR WALL:
PLASTER FINISH: PL-1
~i ROOF DECK FLOOR: CON-2
i,,~ DOORS AND WINDOW FRAME ON SOUTH FACADE: MT -2 (TO MATCH TL-1)
~~---WINDOW GLASS ON SOUTH FACADE: GL-2 (CLEAR INSULATING GLASS)
"-------POOL HOUSE SOUTH FACADE:TL-1
METAL SIGNAGE ON PLASTER WALL : SIN -1
SOLID FENCE-PLASTER FINISH: PL-1
'----METAL PICKET FENCE AND GATE: MT -1
CON-2
SIN -1
TL-1
SAN RAFAEL ZONING APPLICATION
JULY 10TH , 2020
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ehdd .
Exhibit 4
TABLE ANALYZING PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2020
New Aquatic Center at Marin Academy. File #: UP19-005; ED19-006
1530 and 1534 Fifth Ave. Title: General Plan 2020 Consistency Table
Exhibit: 4-1
LAND USE ELEMENT
LU-2. Development Timing. For health, safety and
general welfare reasons, new development should only
occur when adequate infrastructure is available consistent
with the following findings:
a. Project-related traffic will not cause the level of
service established in the Circulation Element to be
exceeded;
b. Any circulation improvements needed to maintain the
level of service standard established in the Circulation
Element have been programmed and funding has been
committed;
c. Environmental review of needed circulation
improvement projects has been completed;
d. The time frame for completion of the needed
circulation improvements will not cause the level of
service in the Circulation Element to be exceeded, or
the findings set forth in Policy C-5 have been made;
and
e. Sewer, water, and other infrastructure improvements
will be available to serve new development by the
time the development is constructed
Consistent
The project proposes to replace and relocate the existing aquatic center at Marin Academy (MA), a private
high school, from the north portion of the MA campus above the athletic fields to the south portion of
campus below the athletic fields. The project proposes to construct a new, 22.86-meter x 33-meter
uncovered swimming pool, a two-story 2,256 sq. ft. support building and associated site improvements
(i.e., concrete decking, bleacher seating, public address (PA) system, landscaping, scoreboard, LED
lighting and perimeter fencing) on two adjacent underutilized Downtown parcels. The subject site is
currently developed with two, two-story medical office buildings and surface parking areas, which are
currently served by City infrastructure and services. A condition of approval (Condition No. 50; ED19-
006) has been included requiring the submittal of an updated campus plan for traffic to include the new
aquatic center with analysis emphasizing on the intersection of Mission and Cottage Avenues for both
pedestrians and signal warrants. Since the project does not propose to increase the maximum student
enrollment capacity at MA (maximum of 450 students under the Master Use Permit UP14 -013), no
additional parking is required. Lastly, the quasi-governmental agencies that would provide water and
sewer service to the site have reviewed the proposed project and determined that there is adequate capacity
to service the new project.
LU-9. Intensity of Nonresidential Development.
Commercial and industrial areas have been assigned floor
area ratios (FAR’s) to identify appropriate intensities (see
Exhibits 4, 5 and 6). Maximum allowable FAR’s are not
guaranteed, particularly in environmentally sensitive areas.
Intensity of commercial and industrial development on any
site shall respond to the following factors: site resources
and constraints, traffic and access, potentially hazardous
conditions, adequacy of infrastructure, and City design
policies.
Consistent
The project proposes 2,256 sq. ft. of new gross floor nonresidential development on the MA campus. The
maximum allowable floor area ratio (FAR) or intensity of development allowed on the project site is 0.50
FAR or 9,368.5 sq. ft. (based on the 18,737 sq. ft. combined lot area for the project site). This constitutes a
maximum FAR of 0.12 FAR, well below the maximum intensity of development allowed for the site.
Exhibit 4
TABLE ANALYZING PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2020
New Aquatic Center at Marin Academy. File #: UP19-005; ED19-006
1530 and 1534 Fifth Ave. Title: General Plan 2020 Consistency Table
Exhibit: 4-2
LU-12. Building Heights. Citywide height limits in San
Rafael are described in Exhibits 7 and 8. For Downtown
height limits see Exhibit 9.
Consistent
According to Exhibit 7 (Building Heights Limits in Central San Rafael) of the General Plan, the maximum
height limit for this property is 36 feet. The proposed height of the new support building will be 16’ above
finished grade. The proposed project is therefore consistent with the height limits for this site.
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 (See Exhibit 11).
All proposed projects must meet density and FAR
standards (See Exhibits 4, 5 and 6) for that type of use, 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. Maintain a Land Use Map that illustrates
the distribution and location of land uses as en visioned by
General Plan policies. (See Exhibit 11).
Consistent
According to Exhibit 11 (Land Use Categories) of the General Plan, the General Plan land use designation
for the project site is Fifth/Mission Residential/Office (5/M R/O). The 5/M R/O designation allows
residential and office uses, with limited ground-floor commercial retail and personal services uses on cross
streets east of C St. Land Use Policy LU-23 (Land Use Map and Categories) does not specifically
identifying that quasi-public buildings and facilities, like the proposed new aquatics center on the Marin
Academy campus, also would be allowed within the 5/M R/O designation. However, a further review of
the allowable land uses in the 5/M R/O District zoning indicates that quasi-public buildings and facilities
are allowed, subject to Use Permit approval by the Planning Commission.
HOUSING ELEMENT
H-19a. Inclusionary Housing. Engage with the local
development community and affordable housing advocates
to evaluate the Inclusionary Housing Ordinance and in-lieu
fee requirements for effectiveness in providing affordable
housing under current market conditions. Evaluate the
Inclusionary Housing Ordinance in light of recent court
decisions. Amend as necessary, consistent with State law.
Exempt
The project is exempt from the City’s affordable housing requirement, which exempts non-residential
development under 5,000 sq. ft. The project proposes 2,256 sq. ft. of new nonresidential development.
NEIGHBORHOODS ELEMENT
NH-29. Downtown Design. New and remodeled
buildings must contribute to Downtown’s hometown feel.
Design elements that enhance Downtown’s identity and
complement the existing attractive environment are
encouraged, and may be required for locations with high
Consistent with Condition
See CD-3, CD-5 and CD-18 discussion below. The project meets all of the applicable development
standards, including minimum site landscaping, height and FAR (floor area ratio). T he Design Review
Board reviewed the project on two (2) separate meetings (conceptual review on December 18, 2018 and
Exhibit 4
TABLE ANALYZING PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2020
New Aquatic Center at Marin Academy. File #: UP19-005; ED19-006
1530 and 1534 Fifth Ave. Title: General Plan 2020 Consistency Table
Exhibit: 4-3
visibility or for compatibility with historic structures.
Design considerations include:
• Varied and distinctive building designs,
• Sensitive treatment of historic resources,
• Generous landscaping to accent buildings,
• Appropriate materials and construction, and
• Site design and streetscape continuity.
formal design review on July 21, 2020) and, on July 21, 2020, the Board unanimously recommended
approval of the project, finding the proposed site and building design adequately met the review criteria for
Environmental and Design Review Permits and matched the context and scale of the existing buildings on
the Marin Academy campus.
NH-45. Fifth/Mission Residential/Office District
Design Considerations.
____________________________________
c. Fifth/Mission design. Encourage an interesting
diversity of building styles in the Fifth/Mission District
ranging from historic Victorians to well -articulated new
office buildings. On Fifth Avenue west of E Street and on
the east and west ends of Mission Avenue:
• Design infill office and residential development to be
compatible with existing neighborhood qualities, and
• Include landscaped front yards and historic building
characteristics.
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 neighborhood.
e. Height. Heights of individual buildings will vary, but
be similar in scale to existing buildings west of E Street,
and on the east end of Mission. Two to three story offices
are anticipated east of B Street.
Consistent
See CD-3, CD-5 and CD-18 discussion below. The proposed two-story scale of the project would be
consistent with the existing two-story scale on the project site and the adjacent MA campus buildings.
COMMUNITY DESIGN ELEMENT
CD-3. Neighborhoods. Recognize, preserve and enhance Consistent
Exhibit 4
TABLE ANALYZING PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2020
New Aquatic Center at Marin Academy. File #: UP19-005; ED19-006
1530 and 1534 Fifth Ave. Title: General Plan 2020 Consistency Table
Exhibit: 4-4
the positive qualities that give neighborhoods their unique
identities, while also allowing flexibility for innovative
design. Develop programs to encourage and r espect the
context and scale of existing neighborhoods.
The Design Review Board reviewed the project on two (2) separate meetings (conceptual review on
December 18, 2018 and formal design review on July 21, 2020) and, on July 21, 2020, the Boa rd
unanimously recommended approval of the project, finding the proposed site and building design
adequately met the review criteria for Environmental and Design Review Permits and matched the context
and scale of the existing buildings on the Marin Academy campus.
.
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.
Consistent
The proposed two-story scale of the project would be consistent with the existing two -story scale on the
project site and the adjacent MA campus buildings. The proposed project would not impact views of Mt.
Tamalpais or hills or ridgelines or St. Raphael’s church bell tower from public streets beyond those already
existing.
CD-10. Nonresidential Design Guidelines. Recognize,
preserve and enhance the design elements that contribute
to the economic vitality of commercial areas. Develop
design guidelines to ensure that new nonresidential and
mixed-use development fits within and improves the
immediate neighborhood and the community as a whole .
Consistent
See CD-3 and CD-5 discussion above.
CD-15. Participation in Project Review. 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 Ele ment
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.
Consistent
The proposed project has provided for effective citizen participation in decision-making, given that; the
City has provided opportunities for public involvement in the review of the project through the referral of
Conceptual Design Review by the Design Review Board to the appropriate neighborhood groups (i.e.,
West End Village Neighborhood Association, the Downtown Business Improvement District and the
Federation of San Rafael Neighborhoods), notice of the Conceptual Design Review, the Boards review of
the Conceptual Design Review and this Planning Commission hearing for formal project review. All
noticing has been in compliance with Chapter 29 of the Zoning Ordinance (Public Notice). Notice of the
Board meeting and this Planning Commission hearing were mailed to all property o wners and occupants
within a 300-foot radius of the site, interested parties and the appropriate neighborhood groups, a minimum
of 15 calendar days prior to the meeting or hearing, and notice was posted on the project site along both the
Fifth Ave. and Mission Ave. frontages. Staff has received three (9) public comments throughout the review
of the project, all in support of the project. Prior to Conceptual Design Review, one (1) public comment
was received in support of the project by a swimmer on the Tama lpais Aquatic Masters swim team. Prior
to formal project review by the Board, one (1) public comments was received by the then -owner of the
adjacent parcel immediately east of the site (1526 Fifth Ave.), supporting the project and rescinding prior
comments made during the Conceptual Design Review meeting in opposition of the project. At the time of
Exhibit 4
TABLE ANALYZING PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2020
New Aquatic Center at Marin Academy. File #: UP19-005; ED19-006
1530 and 1534 Fifth Ave. Title: General Plan 2020 Consistency Table
Exhibit: 4-5
printing and distributing staff’s report to the Planning Commission, staff received seven (7) additional
public comments, mostly (6 of 7 comments) also in support of the project. Concerns include noise and
lighting impacts and late-night use. All public comments are attached to the Planning Commission staff
report as Exhibit 7. Comments received from other City departments and non-City agencies on the project
have been incorporated in the review and action of the project .
CD-18. Landscaping. Recognize the unique contribution
provided by landscaping and make it a significant
component of all site design.
Consistent
The project will be consistent with the minimum landscaping requirement for the site, which is 10% of the
lot area. The project proposes 2,004 sq. ft. of new site landscaping, primarily along the Fifth Ave. frontage
and to a lesser degree along the Mission Ave. frontage, where 1,874 sq. ft. of site landscaping is required.
In addition, the project proposes to remove four (4) existing trees, two (2) of which are deemed
‘significant’ (i.e., any Oak tree more than 6” in diameter or any tree more than 12” in diameter, as
measured 4.5’ above the root crown, and in good health and form) and plant 11 replacement trees. On non-
hillside parcels, it is recommended that ‘significant’ trees be replaced at a 3:1 ratio. The project exceeds
‘significant’ tree replacement objectives. The project further proposes to plant five (5) new street trees
where there is none currently (3 new street trees along the Fifth Ave. frontage and 2 new street trees along
the Mission Ave. frontage.
CD-19. Lighting. Allow adequate site lighting for safety
purposes while controlling excessive light spillover and
glare.
Consistent with Condition
A lighting plan (location and type) with photometric study (lighting levels) was submitted with the project.
It was reviewed by the Board, along with the other design elements of the project, and recommend for
approval with the project. The proposed photometric lighting levels meet the City’s recommended
minimum illumination standards:
• All exterior lighting shall be shielded down.
• A minimum of one (1) foot candle at ground level overlap shall be provided at all exterior doorways
and throughout the vehicle parking area.
• A minimum of one-half (1/2) foot candle at ground level overlap shall be provided on all outdoor
pedestrian walkways and common areas.
In addition, the proposed photometric lighting levels meet the Illuminating Engineering Society Handbook
recommended average illumination levels for competition swimming pools on high school campuses:
• 30 foot-candles for the pool surface;
• 50 foot-candles for the “starts” and “stops” portions of the pool (east and west sides of the pool; 5’-
wide);
• 10 foot-candles for the pool deck; and
• A minimum one (1) foot-candle of ground-level overlap along all path of travel for the public
observation deck.
Exhibit 4
TABLE ANALYZING PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2020
New Aquatic Center at Marin Academy. File #: UP19-005; ED19-006
1530 and 1534 Fifth Ave. Title: General Plan 2020 Consistency Table
Exhibit: 4-6
A condition of approval (Conditio0n No. 82; ED19-006) requires that, following the issuance of a
certificate of occupancy, all exterior lighting shall be subject to a 90-day lighting level review 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.
CIRCULATION ELEMENT
C-5. Traffic Level of Service Standards.
a. Intersection LOS. In order to ensure an effective
roadway network, maintain adequate traffic levels
of service (LOS) consistent with standards for
signalized intersections in the A.M. and P.M.
peak hours as shown below, except as provided
for under (B) Arterial LOS.
Consistent with Condition
See LU-2 discussion above. The project proposes to replace and relocate an existing campus facility, the
existing aquatic center, at Marin Academy. Since the project does not propose an increase in the maximum
enrollment capacity at MA beyond the 450 students allowed under the Master Use Permit (UP14 -013), no
additional parking is required and no additional traffic impacts are anticipated. However, the City’s Traffic
Engineer is requesting the submittal of an updated campus plan for traffic to include the relocated aquatic
center with analysis emphasizing the intersection of Mission and Cottage Avenues for both pedestrians and
signal warrants. This request has been made a condition of approval (Condition No. 50; ED19-006).
C-12. Transportation Demand Management. Work
cooperatively with governmental agencies, non-profits,
businesses, institutions and residential neighborhoods to
create new and effective Transportation Demand
Management (TDM) programs to minimize single
occupancy automobile use and peak period traffic demand.
Consistent
See C-5 discussion above. The existing Master Use Permit (UP14-013) approved a Transportation Demand
Management Program (TDMP) with annual reporting emphasizing vehicle trip reduction strategies and
implementation measures at Marin Academy. The TDMP was required as a condition of approval of prior
development on the MA campus (the Science and Technology Center) without additional required parking.
The TDMP monitoring continues and the project will not require it to be re-evaluated or modified since the
project effectively is proposing to replace and relocate an existing campus facility.
C-13. School-Related Automobile Traffic.
Actively encourage public and private schools to
implement trip reduction programs and reduce congestion
caused by commuting students and staff.
C-13a. School Transportation. Actively support efforts
to improve transportation options for students and
reduce school-related traffic congestion. Examples
include advocating for funding for the Safe Routes to
Schools program, encouraging transit providers to offer
free passes or awards to students to use transit,
supporting increased funding of school buses and
Consistent
See C-5 and C-12 discussions above.
Exhibit 4
TABLE ANALYZING PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2020
New Aquatic Center at Marin Academy. File #: UP19-005; ED19-006
1530 and 1534 Fifth Ave. Title: General Plan 2020 Consistency Table
Exhibit: 4-7
crossing guards, and staggering school hours.
C-13b. TDM for Schools. Require TDM programs for
new or expanded private schools.
C-29. Better Use of Parking Resources. Improve use of
existing parking and create new parking opportunities
through innovative programs, public/private partnerships
and cooperation, and land use policies.
Consistent
See C-5 and C-12 discussions above.
SUSTAINABILITY ELEMENT
SU-6. New and Existing Trees. Plant new and retain
existing trees to maximize energy conservation and
carbon sequestration benefits.
Consistent with Conditions
See CD-18 discussion above.
SAFETY ELEMENT
S-1. Location of Future Development. Permit
development only in those areas where potential danger to
the health, safety and welfare of the residents of the
community can be adequately mitigated.
Consistent
Geoseismic dangers have been evaluated through the City’s Geotechnical Review process and found that
the project would not pose potential danger to the health, safety and welfare of the community.
S-3. Use of Hazard Maps in Development Review.
Review Slope Stability, Seismic Hazard, and Flood Hazard
Maps at the time a development is proposed. Undertake
appropriate studies to assure identification and
implementation of mitigation measures for identified
hazards.
Consistent
According to Exhibit 27 (Geology and Stability) and 29 (Flood Hazard Areas) of the General Plan, the site
is not located in a 100-year flood hazard area and located in an area of Franciscan Complex Melange (fsr).
These conditions equate to a geoseismic hazard zone rating of 3. Given this rating, the Geotechnical
Review Matrix requires Geotechnical Investigation Report and the results are discussed in S-4 below.
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
Consistent
A Geotechnical Investigation Report was prepared by Miller Pacific Engineering Group (dated July 16,
2018) and, after review by the City Engineer, was found to meet the requirements set forth in the
Geotechnical Review Matrix and consistent with the City’s safety policies and standard engineering
practices.
Exhibit 4
TABLE ANALYZING PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2020
New Aquatic Center at Marin Academy. File #: UP19-005; ED19-006
1530 and 1534 Fifth Ave. Title: General Plan 2020 Consistency Table
Exhibit: 4-8
requirements, and the feasibility and desirability of a
proposed facility in a specified location.
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 with Condition
The proposed project would entail all new construction and would be built in accordance with the most
current building and seismic codes as required by the City’s Municipal Code.
S-25. Regional Water Quality Control Board
(RWQCB) Requirements. Continue to work through the
Marin County Stormwater Pollution Prevention Program
to implement 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
The proposed project has been reviewed by the City Engineer which implements the Stormwater Pollution
Prevention standards and regulations. As designed, the proposed project i ncludes adequate measures to
reduce stormwater run-off consistent with the standards established by the RWQCB. The proposed project
includes storm water retention areas or ‘bioswales’ which will have the effect of reducing peak flow runoff
to below pre-development rates, as determined by the hydrology/stormwater drainage report on the project
by Sherwood Design Engineers (dated January 24, 2019).
S-32. Safety Review of Development Projects. Require
crime prevention and fire prevention techniques in new
development, including adequate access for emergency
vehicles.
Consistent
The San Rafael Fire Department, Fire Prevention Bureau, reviewed and recommended approval of the
proposed project, determining it adequately meets all applicable fire safety codes and requirements.
NOISE ELEMENT
N-5. Traffic Noise from New Development. Minimize
noise impacts of increased off-site traffic caused by new
development. Where the exterior Ldn is 65 dB or greater at
a residential building or outdoor use area and a plan,
program, or project increases traffic noise levels by more
than Ldn 3 dB, reasonable noise mitigation measures shall
be included in the plan, program or project.
Consistent with Condition
An Acoustical Study was prepared by Charles M. Salter Associates, Inc. (dated January 29, 2019, which
determined the project design and operations shall incorporate the following items to meet the San Rafael
Noise Ordinances’ “intermittent” noise goals or standards:
a) To reduce “nighttime” noise limits at the northern property line, provide the following lengths of
lined ductwork:
1) EF-2: 5-feet of sheetmetal ductwork internally-lined with minimum 1-inch thick internal duct
liner prior to the rooftop return air opening.
2) FCU-2: 5-feet of sheetmetal ductwork internally-lined with minimum 1-inch thick internal
duct liner prior to the return air opening.
Exhibit 4
TABLE ANALYZING PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2020
New Aquatic Center at Marin Academy. File #: UP19-005; ED19-006
1530 and 1534 Fifth Ave. Title: General Plan 2020 Consistency Table
Exhibit: 4-9
b) To meet nighttime noise limits at all property lines, the Public Address (PA) system shall be limited
to the following:
1) During “daytime” hours (i.e., between 7 a.m. and 9 p.m. Sunday through Thursday, and
between 7 a.m. and 10 p.m. Fridays and Saturdays), the PA system shall be limited to 95 dB at
3-feet. Loudspeakers shall be oriented so as to minimize sound propagation to adjacent
property lines but, rather, focus on the pool occupants and spectators.
2) During “nighttime” hours (i.e., between 9 p.m. and 7 a.m. Sunday through Thursday, and
between 10 p.m. and 7 a.m. Fridays and Saturdays), the PA system shall be limited to 85 dB at
3-feet.
c) Marin Academy shall use only the Fox 40 Pearl and Fox 40 Pear whistles (which have a maximum
sound power level of 90 dB, quieter that more common sports whistles), so as to ensure that the
intermittent noise levels are not exceeded at property lines.
These recommendations from the acoustical study have been made a condition of approval (Condition No.
27; ED19-006).
AIR AND WATER QUALITY ELEMENT
AW-1. State and Federal Standards. Continue to comply
and strive to exceed state and federal standards for air
quality for the benefit of the Bay Area.
Consistent with Condition
See C-5 discussion above. The project would not generate any permanent air quality impacts and would be
consistent with the Bay Area Air Quality District requirements; project impacts to air quality would be
limited as temporary during the construction and grading periods only. The proposed project was reviewed
by the City Engineer and determined to create no additional traffic impacts with the continued
implementation of the existing TDMP, though a traffic analysis has been requested (Condition No. 50;
ED19-006) focusing on the intersection of Mission and Cottage Avenues for both pedestrians and signal
warrants. Furthermore, the proposed development is within the additional intensity of development
assumed under the San Rafael General Plan 2020 and, therefore, cumulative impacts have been analyzed
and found to be acceptable
AW-2. Land Use Compatibility. To ensure excellent air
quality, promote land use compatibility for new
development by using buffering techniques such as
Consistent with Condition
See LU-2 and CD-18 discussion above. The immediate adjacent parcels to the project are also commonly-
owned by Marin Academy. The project has been designed to include buffering techniques including
Exhibit 4
TABLE ANALYZING PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2020
New Aquatic Center at Marin Academy. File #: UP19-005; ED19-006
1530 and 1534 Fifth Ave. Title: General Plan 2020 Consistency Table
Exhibit: 4-10
landscaping, setbacks and screening in areas where
different land uses abut one another.
landscaped setbacks along both the Fifth Ave. and Mission Ave. frontages, the support building located
along the Mission Ave. frontage and 8’-tall stucco plaster courtyard wall located along the south and east
elevations. The Design Review Board reviewed the project on two (2) separate meetings (conceptual
review on December 18, 2018 and formal design review on July 21, 2020) and, on July 21, 2020, the
Board unanimously recommended approval of the site and building design, subject to recommendations
which have been incorporated as a condition of approval (Condition No. 2; ED19 -006).
AW-7. Local, State and Federal Standards. Continue to
comply with local, state and federal standards for water
quality.
Consistent
The project would be required to comply with the City’s Stormwater Pollution Prevention standards which
are derived from the Regional Water Quality Board. The proposed drainage plan is designed to be
consistent with the stormwater pollution standards by treating roof rainwater runoff on -site in landscape
bioswale filtration areas, located through the project area, before it enters into the City’s storm drain
system.
AW-8. Reduce Pollution from Urban Runoff. Address
non-point source pollution and protect receiving waters
from pollutants discharged to the storm drain system by
requiring Best Management Practices quality.
• Support alternatives to impervious surfaces in new
development, redevelopment or public improvement
projects to reduce urban runoff into storm drain
system, creeks and the Bay.
• Require that site designs work with the natural
topography and drainages to the extent practicable to
reduce the amount of grading necessary and limit
disturbance to natural water bodies and natural
drainage systems.
• Where feasible, use vegetation to absorb and filter
fertilizers, pesticides and other pollutants.
Consistent
See AW-7 discussion above.
Exhibit 5
TABLE ANALYZING PROJECT COMPLIANCE WITH SAN RAFAEL ZONING ORDINANCE (TITLE 14)
New Aquatic Center at Marin Academy File #: UP19-005; ED19-006
1530 and 1534 Fifth Ave. Title: Zoning Ordinance Consistency Table
Exhibit: 5-1
CHAPTER 5 – COMMERCIAL AND OFFICE DISTRICTS (5/M R/O)
14.04.010 - Specific Purposes. In addition to the general purposes listed in
Section 14.05.010, the specific purposes of each commercial district follow:
U. Fifth/Mission Residential/Office (5/M R/O).
1. 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 Cultur al 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. Allowable Uses. The Fifth/Mission district should continue to have
residential, office, civic and cultural uses. 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 pers onal service uses are allowed
from "C" Street east, on cross streets between Fourth Street and Fifth
Avenue.
3. Design Intent. Infill development will preserve the scale and elegant
character of existing buildings along Fifth and Mission Avenues. Buildin g
heights will typically range from one to three (3) stories, with larger scale
buildings closer to the center of downtown
Consistent
The project proposes to replace and relocate the existing aquatic center at Marin Academy
(MA), a civic facility, from the north portion of the MA campus above the athletic fields to
the south portion of campus below the athletic field. The existing aquatic center not only
meets the demands of MA but also provides opportunities for community use. The project
proposes to continue the use of the new aquatic center as a civic facility.
The proposed two-story scale of the project would be consistent with the existing two -story
scale on the project site and the adjacent MA campus buildings.
14.05. 022 - Land Use Regulations (5/M R/O).
Schools, parochial or private
Consistent
Marin Academy (MA) is a private high school use, which is identified as allowed with a
conditional Use Permit in the 5/M R/O District. In 1997, the Planning Commission
(Commission) conditionally approved a Use Permit for MA (UP97-004) which has been
amended both in 2002 (UP02-027), 2004 (UP04-033) and, most recently, in 2014 (UP14-
013).
Exhibit 5
TABLE ANALYZING PROJECT COMPLIANCE WITH SAN RAFAEL ZONING ORDINANCE (TITLE 14)
New Aquatic Center at Marin Academy File #: UP19-005; ED19-006
1530 and 1534 Fifth Ave. Title: Zoning Ordinance Consistency Table
Exhibit: 5-2
14.05.032 - Property Development Regulations (5/M R/O)
• Maximum density: 1,000 sq. ft of lot area/unit
• Minimum yards: 15’ front
• Maximum height: 36’
• Minimum landscaping: 10%
Consistent
As designed, the project is consistent with all of the applicable property development
standards with the exception of density; the site currently has no residences and the project
proposes no new residences.
CHAPTER 16 – SITE DEVELOPMENT STANDARDS
14.16.030 - Affordable Housing Requirement. Any new residential
development project with dwelling units intended or designed for
permanent occupancy shall be developed to provide affordabl e housing
units to very low, low- and moderate-income households in perpetuity.
Exempt
The project is exempt from the City’s affordable housing requirement, which exempts non-
residential development under 5,000 sq. ft. The project proposes 2,256 sq. ft. of new
nonresidential development.
14.16.150 - Floor Area Ratio (FAR).
The intensity and density of development in nonresidential and mixed -use
districts is identified by floor area ratio (FAR) and by the number of units
allowed per one thousand (1,000) square feet of lot area for the location
and zoning district in which a site is located. The FAR is the total building
square footage (gross floor area) divided by the lot area excluding public
streets. Total building square footage excludes parking a reas or garages
(covered and uncovered), residential components of a mixed -use project,
hotels, and non-leasable covered atriums. Floor area for permanent child
care facilities in nonresidential structures may be excluded in the FAR,
subject to the provisions of Chapter 14.22, Use Permits.
Consistent
The project proposes 2,256 sq. ft. of new gross floor nonresidential development on the
MA campus. The maximum allowable FAR or intensity of development on the site is 0.50
or 9,368.5 sq. ft. (based on the 18,737 sq. ft. combined lot area for the project site). The
proposed development on the site is constitutes 0.12 FAR from the new support building
(restrooms, indoor and outdoor showers, changing and office areas, mechanical equipment
and chemical storage areas), well below the maximum intensity of development allowed
for the site.
14.16.170 - Geotechnical Review
Development applications require geotechnical reports consistent with the
geotechnical matrix in the general plan appendices to assess such hazards as
potential seismic hazards, liquefaction, landsliding, mudsliding, erosion,
sedimentation and settlement and hazardous soils conditions to determine
the optimum location for structures, to advise of special structural
requirements and to evaluate the feasibility and desirability of a proposed
facility in a specific location
Consistent with Conditions
The project was reviewed consistent with the City’s Geotechnical review matrix contained
as an appendix to the General Plan 2020. A Geotechnical Investigation Report was
prepared for this project. In conclusion, the investigation found that the project would be
consistent with the geotechnical policies of the General Plan and that the project would be
feasible from a geotechnical engineering standpoint. The report included recommendations
that would have to be incorporated during preparation of the construction plans and
construction of the project. The City Engineer reviewed the project submittals, including
the Geotechnical Investigation Report, and recommended approval subject to conditions,
Exhibit 5
TABLE ANALYZING PROJECT COMPLIANCE WITH SAN RAFAEL ZONING ORDINANCE (TITLE 14)
New Aquatic Center at Marin Academy File #: UP19-005; ED19-006
1530 and 1534 Fifth Ave. Title: Zoning Ordinance Consistency Table
Exhibit: 5-3
which have been incorporated into conditions of approval.
14.16.277 – Light and Glare
Colors, materials and lighting shall be designed to avoid creating undue off -
site light and glare impacts. New or amended building or site colors,
materials and lighting shall comply with the following standards, subject to
review and recommendation by the police department, public works
department, and community development department:
A. Glossy finishes and reflective glass such as glazed or mirrored surfaces
are discouraged and prohibited where it would create an adverse impact on
pedestrian or automotive traffic or on adjacent structures; particularly within
the downtown environs and in commercial, industrial and hillside areas.
B. Lighting fixtures shall be appropriately designed and/or shielded to
conceal light sources from view off-site and avoid spillover onto adjacent
properties.
C. 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.
D. Lighting shall be reviewed for compatibility with on-site and off-sight
light sources. This shall include review of lighting intensity, overlap and
type of illumination (e.g., high-pressure sodium, LED, etc.). This may
include a review by the city to assure that lighting installed on private
property would not cause conflicts with public street lighting.
E. Installation of new lighting fixtures or changes in lighting intensity on
mixed use and non-residential properties shall be subject to environmental
and design review permit review as required by Chapter 14.25 (Design
Review).
F. Maximum wattage of lamps shall be specified on the plans submitted for
electrical permits.
G. All new lighting shall be subject to a 90-day post installation inspection
to allow for adjustment and assure compliance with this section.
Consistent with Conditions
The project proposes six (6) new, 28’-tall LED lighting standards with fixtures on the
concrete pool decking, two (2) new, 12’-tall LED lighting standards along the primary
entrance along the Fifth Ave. frontage and miscellaneous recessed LED light fixtures
throughout the interior roof deck and stairwells leading to along the Mission Ave. frontage.
A photometric study is provided in the project plans (see Sh. No. E003), which shows the
proposed lighting levels will comply with the City’s recommended lighting l evels.
In addition, the photometric study shows the proposed lighting levels will comply with
Illuminating Engineering Society Handbook recommended average lighting levels for high
school competition swimming pools:
• 30 foot-candles for the pool surface;
• 50 foot-candles for the “starts” and “stops” portions of the pool (east and west
sides of the pool; 5’-wide);
• 10 foot-candles for the pool deck; and
• A minimum one (1) foot-candle of ground-level overlap along all path of travel
for the public observation deck.
The project proposes the following average illumination levels:
• 45.38 foot-candles for the pool surface (76.1 foot-candles max, 23.5 foot-candles
min);
• 45.40 foot-candles for the “starts” and “stops” portions of the pool (5’-wide east
and west sides of the pool; 61.2 foot-candles min, 32.5 foot-candles min);
• 18.69 foot-candles for the pool deck (50.2 foot-candles max, 6.4 foot-candles
min); and
• 6.46 foot-candles for all path of travel for the public observation deck and stairs
(16 foot-candles max, 1.7 foot-candles min.).
The proposed lighting design includes photosensor ‘vacancy’ controls to automatically dim
and then turn off select light fixtures when the area underneath is unoccupied. In addition,
LED accent lighting is proposed to ‘wash’ behind the “Marin Academy” sign located on
the plaster courtyard wall along the Fifth Ave. entry frontage .
A condition of approval (Condition No. 28; ED19 -006) has been incorporated requiring the
lighting design for the project to include both photosensors and vacancy sensors to control
Exhibit 5
TABLE ANALYZING PROJECT COMPLIANCE WITH SAN RAFAEL ZONING ORDINANCE (TITLE 14)
New Aquatic Center at Marin Academy File #: UP19-005; ED19-006
1530 and 1534 Fifth Ave. Title: Zoning Ordinance Consistency Table
Exhibit: 5-4
lighting on the site A condition of approval (Condition No. 82; ED19-006) has been
incorporated requiring a 90-day lighting level review period by the City, at issuance of
occupancy, 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.
14.16.295- Sight Distance.
Fencing, vegetation and improvements shall be established and
maintained only in a manner that does not reduce visibility for the safe
ingress and egress of vehicles or pedestrians within a required vision
triangle, e.g., fifteen feet (15') from the curb return at any intersection or
driveway, or as determined by the director of public works. In general,
fencing and improvements or vegetation located within the established
vision triangle (as determined below) shall not exceed a height of three
feet (3') as measured above the adjacent street pavement. The vision
triangle shall be kept free of any visual obstruction between a height of
three feet (3') to eight feet (8') above the street grade elevation.
Consistent with conditions.
While the project site has no driveway, it is within the sight distance of existing driveways
along the Fifth Ave. frontage, at 1526 and 1540 Fifth Avenue. The landscape plans (Sh.
L1.00B) includes the required sight distance and shows the proje ct design will comply.
14.16.243 – Mechanical Equipment Screening. Equipment placed on the
rooftop of a building or in an exterior yard area shall be adequately screened
from public view. See Chapter 14.16 for exclusions to maximum height
requirements and Chapter 14.25 for design review requirements
Consistent
The design of the new science building proposes to fully screen rooftop mechanical
equipment behind a parapet.
14.16.365 – Water-Efficient Landscaping
• A. Purpose and Authority. Effective January 1, 2011, certain new
construction and rehabilitation projects that include landscape and
irrigation improvements are required to comply with water -efficient
landscape requirements and to monitor water usage for irrigation, as
mandated under California Government Code Section 65595(c). For the
purpose of administering this state mandate, the City of San Rafael
hereby adopts by reference, the Marin Municipal Water District
(MMWD) Ordinance (Water Conservation), as adopted and periodically
amended, and designates MMWD, the local water provider, to implement,
enforce, and monitor the requirements of this ordinance. For projects that
are subject to the water-efficient landscape requirements, the city defers
Consistent with Conditions.
The project proposes over 500 sq. ft. of new nonresidential landscape area and is, therefore,
required to comply with the provisions of Marin Municipal Water District’s (MMWD)
most recent water-conservation ordinance (currently Ordinance 429). Final landscape and
irrigation plans for the project shall be included in all construction drawing sets submitted
for issuance of building/grading permit and shall be pre-approved by MMWD and stamped
as approved by MMWD. A condition of approval has been included requiring the building
permit application submittal include a letter from MMWD approving the final landscape
and irrigation plans. Modifications to the final landscape and irrigation plans, as required
by MMWD, shall be subject to review and approval of the Community Development
Department, Planning Division.
Exhibit 5
TABLE ANALYZING PROJECT COMPLIANCE WITH SAN RAFAEL ZONING ORDINANCE (TITLE 14)
New Aquatic Center at Marin Academy File #: UP19-005; ED19-006
1530 and 1534 Fifth Ave. Title: Zoning Ordinance Consistency Table
Exhibit: 5-5
to MMWD to administer the provisions of this chapter, which include:
1. The application and monitoring of a "maximum applied water
allowance," that is established for applicable projects.
2. The review of required landscape and irrigation plans,
specifications and supportive documents prepared for applicable
projects for compliance with water -efficient landscape restrictions,
including limitations on the type and amount of landscape materials
and plant species.
3. The review, inspection and approval of landscape and irrigation
that is installed for applicable projects to ensure compliance with the
approved landscape and irrigation plans and specifications.
4. The post-installation monitoring of water usage for irrigation by
applicable projects.
B. Applicability. The provisions of this section and the MMWD
Ordinance as adopted and periodically amended are applicable to the
following projects:
1. Any project that proposes new or rehabilitated landscapes which
are developer-installed in single-family residential and all other
residential developments, regardless of size, where the proposed
landscape area is equal to or greater than two thousand five hundred
(2,500) square feet;
2. Any project that proposes new or rehabilitated landscapes which
are homeowner provided and/or homeowner-hired in single-family
residential, two-family residential and multiple-family residential
developments, where the proposed landscape area is equal to or
greater than five thousand (5,000) square feet;
3. Any new nonresidential construction projects exceeding one
thousand (1,000) square feet of landscaped area;
4. Any project that proposes new or rehabilitated landscapes which
are developer-installed in nonresidential developments where the
proposed landscape area is equal to or greater than two thousand five
hundred (2,500) square feet.
C. City Review of Applicable Projects. City review of applicable
projects shall be processed as follows:
1. Projects Requiring Approval of an Environmental and Design
Review Permit. When an applicable project is subject to an
environmental and design review permit pursuant to chapter 14.25 of
Exhibit 5
TABLE ANALYZING PROJECT COMPLIANCE WITH SAN RAFAEL ZONING ORDINANCE (TITLE 14)
New Aquatic Center at Marin Academy File #: UP19-005; ED19-006
1530 and 1534 Fifth Ave. Title: Zoning Ordinance Consistency Table
Exhibit: 5-6
this title, the landscape and irrigation plans required by and submitted
with this permit application shall be designed and prepared to comp ly
with the provisions and requirements of MMWD Ordinance as
adopted and periodically amended. The approval of an environmental
and design review permit shall be conditioned to require the applicant
to provide written verification of plan approval from MMW D prior to
the issuance of a building permit and/or grading permit.
2. Projects Requiring a Building Permit and/or Grading Permit only.
When an applicable project is not subject to an environmental and
design review permit but is required to secure a building permit
and/or grading permit, such permits shall not be issued until the
applicant has secured, in writing, MMWD approval of the landscape
and irrigation plans confirming compliance with MMWD Ordinance
as adopted and periodically amended.
D. Inspections and Post-Installation Monitoring and Enforcement.
MMWD shall be responsible for:
1. Inspecting and approving all landscape and irrigation installed for
applicable projects prior to project completion and/or occupancy; and
2. Monitoring water usage for installed landscapes to ensure
compliance with MMWD Ordinance as adopted with amendments.
All enforcement actions for ordinance noncompliance or violations
shall be administered by MMWD.
CHAPTER 22 – USE PERMIT
14.22.080 - Findings
The following findings must be made to approve a Use Permit:
A. 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;
B. Proposed use 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; and
C. Proposed use complies with each of the applicable provisions of the
Zoning Ordinance.
Consistent
A. The proposed use is in accord with the General Plan, the objectives of the
Zoning Ordinance, and the purposes of the Fifth/Mission Residential/Office
(5/M R/O) District in which the site is located in that:
1. As documented in the General Plan 2020 Consistency Table (Exhibit 4
of the 10/13/20 Planning Commission staff report), the proposed project
will implement and promote the goals and policies of the San Rafael
General Plan 2020;
2. As documented in the Zoning Ordinance Consistency Table (Exhibit 5
of the 10/13/20 Planning Commission staff report)), the proposed
Exhibit 5
TABLE ANALYZING PROJECT COMPLIANCE WITH SAN RAFAEL ZONING ORDINANCE (TITLE 14)
New Aquatic Center at Marin Academy File #: UP19-005; ED19-006
1530 and 1534 Fifth Ave. Title: Zoning Ordinance Consistency Table
Exhibit: 5-7
project will be consistent with the objectives of the Zoning Ordinance;
and
3. The proposed project will be consistent with the specific purposes of the
5/M R/O District, given that; education and civic uses are allowed in
addition to residential and office uses (limited retail uses are also
allowed on cross-streets from C St. east).
B. The proposed replacement and relocation of the aquatic ce nter on the Marin
Academy campus, as presented and conditioned, will not be detrimental to
the public healrth, safety or welfare, or materially injurious to properties or
improvements in the vicinity, or to the general welfare of the City, given
that; the project has been reviewed by appropriate City departments, non-
City agencies, the appropriate surrounding neighborhood groups (Downtown
Business Improvement District, West End Village Neighborhood
Association and Federation of San Rafael Neighborhoods), interested
parties; and conditions of approval have been included to mitigate any
potential negative impacts anticipated to be generated by the project; and
C. The proposed replacement and relocation of the aquatic center on the Marin
Academy campus, as presented and conditioned, will comply with each of
the applicable provisions of the Zoning Ordinance; as documented in the
Zoning Ordinance Consistency Table (Exhibit 5 of the 10/13/20 Planning
Commission staff report).
CHAPTER 25 – ENVIRONMENTAL AND DESIGN REVIEW PERMIT
14.25.050 - Review Criteria
Projects must meet the following design review criteria:
A. Consistency with General Plan design polices.
B. Consistency with Specific Plans
C. Design criteria must meet the objectives of Chapter 25 (Design
Review), which include ensuring that the design blends with the natural
setting, maintains and improves the quality of and relationship between
the development and the surrounding area, preserve the balance and
harmony within a neighborhood, promotes excellence in desi gn, and
preserves and enhances views.
Consistent
The Design Review Board reviewed the project on two (2) separate meetings (conceptual
review on December 18, 2018 and formal design review on July 21, 2020) and, on July 21,
2020, the Board unanimously recommended approval of the project, finding the proposed
site and building design adequately met the review criteria for Environmental and Design
Review Permits and matched the context and scale of the existing buildings on the Marin
Academy campus.
.
Exhibit 5
TABLE ANALYZING PROJECT COMPLIANCE WITH SAN RAFAEL ZONING ORDINANCE (TITLE 14)
New Aquatic Center at Marin Academy File #: UP19-005; ED19-006
1530 and 1534 Fifth Ave. Title: Zoning Ordinance Consistency Table
Exhibit: 5-8
D. Site design is harmonious amongst structures within the development
and existing development in the vicinity, natural site features should be
protected and preserved, safe access and adequate parking should be
provided, drainage should be designed to be ensure proper surface
drainage.
14.25.090 - Findings
The following findings must be made to approve a Design Review Permit
A. Project design is in accord with the general plan, the objectives of the
zoning ordinance and the purposes of this chapter;
B. Project design is consistent with all applicable site, architecture and
landscaping design criteria and guidelines for the district in which the
site is located
C. Project design minimizes adverse environmental impacts
D. Project design will not be detrimental to the public health, safety or
welfare nor materially injurious to properties or improvements in the
vicinity.
Consistent
A. The project design, as revised, presented and conditioned, will be in accordance with
the San Rafael General Plan 2020, the objectives of Title 14 of the San Rafael
Municipal Code (the Zoning Ordinance) and the purposes of Chapter 25 of the
Zoning Ordinance (Environmental and Design Review Permits), given that;
1. As documented in the General Plan 2020 Consistency Table (Exhibit 4 of the
10/13/20 Planning Commission staff report), the proposed project will implement
and promote the goals and policies of the San Rafael General Plan 2020;
2. As documented in the Zoning Ordinance Consistency Table (Exhibit 5 of the
10/13/20 Planning Commission staff report), the proposed project will be
consistent with the objectives of the Zoning Ordinance; and
3. The proposed project will be consistent with the purposes of Environmental and
Design Review Permits, given that;
a) The project will ensure that the location, design and material and colors of
development blends with and enhances the natural setting, given that: the
Design Review Board reviewed the project on two (2) separate meetings
(conceptual review on December 18, 2018 and formal design review on July
21, 2020) and, on July 21, 2020, the Board unanimously recommended
approval of the project, finding the proposed site and building design
adequately matched those existing on the Marin Academy campus;
b) The project will maintain and improve the quality of, and relationship
between, development and the surrounding area to contribute to the
attractiveness of the City, given that; the project proposes to install new site
landscaping along both street frontage while will exceed the landscape
requirement and new frontage improvements, include new street trees and
sidewalk; and
Exhibit 5
TABLE ANALYZING PROJECT COMPLIANCE WITH SAN RAFAEL ZONING ORDINANCE (TITLE 14)
New Aquatic Center at Marin Academy File #: UP19-005; ED19-006
1530 and 1534 Fifth Ave. Title: Zoning Ordinance Consistency Table
Exhibit: 5-9
c) The project will preserve and enhance view from other building and public
property, given that; the project proposes two -story scale of the project will
be consistent with the existing two-story scale on both the project site and
the adjacent parcels (1526 and 1540 Fifth Ave).
B. The project design, as revised, presented and conditioned, is consistent with all
applicable site, architecture and landscaping design criteria and guidelines for the
Fifth/Mission Residential/Office (5/M R/O) District in which the project site is
located, given that;
1. The proposed project will be consistent with property development standards for
the 5/M R/O District, including:
a) The project will be consistent with the maximum height allowed for the
project site, which is 36’ (The project proposes a 16’ building height);
b) The project will be consistent with the minimum required front yard setback,
which is 15’ along the Mission Ave. frontage (The project proposes a 77.5’
front yard setback);
c) The project will be consistent with the minimum landscaping requirement
for the site, which is 10% of the lot area (The project proposes 2,004 sq. ft.
of new site landscaping, primarily along the Fifth Ave. frontage and to a
lesser degree along the Mission Ave. frontage, where 1,874 sq. ft. of site
landscaping is required); and
d) The project will be consistent with the maximum Floor Area Ratio allowed
for the site, which is 0.50 FAR or 9,368.5 sq. ft. of nonresidential
development (The project proposes 0.12 FAR or 2,256 sq. ft. of
nonresidential development);
2. The proposed project will be consistent with recommended site lighting levels of
one (1) foot candle at ground level overlap at all exterior doorways and vehicle
parking areas, one-half (1/2) foot candle at ground level overlap along all outdoor
pedestrian walkways, and less than one (1) foot candle at ground level overlap at
all property lines; and
Exhibit 5
TABLE ANALYZING PROJECT COMPLIANCE WITH SAN RAFAEL ZONING ORDINANCE (TITLE 14)
New Aquatic Center at Marin Academy File #: UP19-005; ED19-006
1530 and 1534 Fifth Ave. Title: Zoning Ordinance Consistency Table
Exhibit: 5-10
3. The proposed project will be consistent with review criteria for Environmental
and Design Review Permits (Chapter 14.25 of the Zoning Ordinance), given that;
at their July 21, 2020 meeting, the Design Review Board reviewed and
unanimously recommended approval of the project design (site and building
design.
C. The project design, as revised, presented and conditioned, minimizes adverse
environmental impacts, given that;
1. The project design includes storm water retention areas or ‘bioswales’ which will
have the effect of creating a ‘no net change’ in the rate of storm water drainage
on the project site, as determined and recommended for approval by the City
Engineer after reviewing submitted drainage plans for the project;
2. The project site is already significantly developed and disturbed and neither
contains, nor is immediately contiguous to, recognizable wetlands, creeks or
similarly sensitive environmental features, and it has not been identified in the
San Rafael General Plan 2020 (Exhibit 38 – Threatened and Endangered
Species) as a general location were threatened and endangered species have been
previously observed or maintain a suitable habitat for their likely presence to be
found; and
3. The project proposes to remove four (4) existing trees, two (2) of which are
deemed ‘significant’ (i.e., any Oak tree more than 6” in diameter or any tree more
than 12” in diameter, as measured 4.5’ above the root crown, and in good health
and form) and plant 11 replacement trees. The project also proposes to plant five
(5) new street trees where there is none currently (3 new street trees along the
Fifth Ave. frontage and 2 new street trees along the Mission Ave. frontage).
D. The project design, as revised, presented and conditioned, will not be detrimental to
the public health, safety or welfare, or materially injurious to properties or
improvements in the vicinity, or to the general welfare of the City, given that;
1) The project has been reviewed by appropriate City departments, non-City
agencies, the appropriate surrounding neighborhood groups (Downtown
Business Improvement District, West End Village Neighborhood Association
and the Federation of San Rafael Neighborhoods), interested parties, and
Exhibit 5
TABLE ANALYZING PROJECT COMPLIANCE WITH SAN RAFAEL ZONING ORDINANCE (TITLE 14)
New Aquatic Center at Marin Academy File #: UP19-005; ED19-006
1530 and 1534 Fifth Ave. Title: Zoning Ordinance Consistency Table
Exhibit: 5-11
conditions of approval have been included to mitigate any potential negative
impacts anticipated to be generated by the project; and 2) The Design Revi ew
Board reviewed the project on two (2) separate meetings (conceptual review on
December 18, 2018 and formal design review on July 21, 2020) and, on July 21,
2020, the Board unanimously recommended approval of the site and building
design, subject to recommendations which have been incorporated as a
condition of approval (Condition No. 2; ED19-006..
General
"Good Design" Criteria for Downtown San Rafael
**Summary of Applicable Criteria**
Each project should have an internally consistent design vocabulary
Forms and materials should express he building's design intent and context
•
•
• Design strategies such as "base middle and top" are encouraged but not the sole design
alternative
•
•
Height and bulk can be mitigated by step backs, articulation, use of different materials
Projections over public right of ways shall be limited to bay windows, balconies and
marquees*
•
•
Provide architectural interest such as strategic placement of forms and applied features and
special treatment at comers especially at intersecting streets
Concentrate premium materials at points of maximum enjoyment:
o At street level
o At building entrances
o On highly visible architectural forms and elements • Maintain pedestrian scale,
especially at the
o lower floors
• Buildings should relate to established streetscape elements such as cormce lines,
fenestration or other shared elements
• New building design may include high quality contemporary architecture
• Use landscape to humanize and frame the bui\t environment
• Use durable, reusable, flexible, permeable and repairable pavement materials
• All mechanical equipment sha\l be screened and shall not project above its enclosure
• Exceptional design is encouraged and may be allowed to deviate from the design
guidelines. However:
o Projects must be exemplary
o They must make a significant contribution to their surroundings
o They must contribute public benefit beyond great design
• Projects should conform with General Downtown Design Guidelines and District Design
Guidelines
• Different districts of Downtown have different design priorities
Gateway District:
• Provide active street fronts along Tamalpais
• Articulate elevations to avoid a "building as wall" parallel to the freeway
• Create a sense of arrival with welcoming gateway elements such as:
o Distinctive building form massing and detailing
o Public plazas
Gateway -Transit District:
• Enhance the Tamalpais greenway from 2nd to Mission as a complete street
• Anchor the district with a high-quality transit center
EXHIBIT 6
2nd /3 rd C orridor & Lindaro:
• Reduce building mass along the boulevards with 3rd or 4th floor setbacks and at ground
level comer entrances
• Use distinctive fprms and detailing at comers particularly thu:st-fadng oncoming traffic
• Locate retail at intersections and along pedestrian N -S streets
• Enhance. the boulevard, by providing continuous curbside planting strips and/or ample
tree pockets with grates
• Consider increasing the 5' setback requirement along 2nd and 3rd Street
• Varied setback depths are encouraged particularly on NS streets for pedestrian amenities
and landscaping Place back flow preventers, transformers, and other utilities out of site or
in undersidewalk vaults