HomeMy WebLinkAboutPlanning Commission 2022-05-10 Agenda Packet
Planning Commission
Regular Meeting
Tuesday, May 10, 2022, 7:00 P.M.
AGENDA
Virtual Meeting
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In response to Assembly Bill 361, the City of San Rafael is offering teleconference
without complying with the procedural requirements of Government Code section
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CONSENT CALENDAR
The Consent Calendar allows the Commission to take action, without discussion, on Agenda
items for which there are no persons present who wish to speak, and no Commission
members who wish to discuss.
1. Approval of the Planning Commission Meeting Minutes of April 12, 2022
Recommended Action – Approve minutes as submitted
ACTION ITEMS
2. 88 Vivian Street (70-unit Residential Development)
To demolish the existing Country Club Bowl and construct 70 for-sale residential units,
including six available to low-income households, in 14 separate buildings.; APN: 008-092-
02; Neighborhood Commercial (NC) Zone; Matt Ashton of Ashton 3, LLC Applicant; Charlie
Kinstler, Owner; Canal Neighborhood
Project Planner: Krystle Rizzi, Contract Planner, krystle.rizzi@cityofsanrafael.org
Recommended Action – Adopt the attached Draft Resolution (Exhibit 1) approving
Use Permit UP21-017 and Environmental and Design Review Permit ED21-042. And
adopt the attached Draft Resolution (Exhibit 2) approving Tentative Subdivision Map
TS21-004.
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
city.clerk@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.
Community Development Department – Planning Division
Meeting
Date:
May 10, 2022
Agenda
Item:
2
Case
Numbers:
PLAN21-020, ED21-042;
UP21-017; TS21-004
Project
Planner:
Krystle Rizzi, Consulting Planner,
krystle.rizzi@cityofsanrafael.org
REPORT TO PLANNING COMMISSION
SUBJECT: 88 Vivian Street (70-unit Residential Development) – To demolish the existing Country
Club Bowl and construct 70 for-sale residential units, including six available to low-income
households, in 14 separate buildings.; APN: 008-092-02; Neighborhood Commercial (NC) Zone; Matt
Ashton of Ashton 3, LLC Applicant; Charlie Kinstler, Owner; Canal Neighborhood
EXECUTIVE SUMMARY
Following Preliminary and Conceptual Design Review in 2019, the requested entitlements for a 70-unit
development were submitted to the City for review in April 2021, was deemed complete in January 2022,
and received a recommendation for approval from the Design Review Board (DRB) in March 2022.
The project is utilizing State Density Bonus law and is requesting waivers to increase the height of the
proposed buildings above the maximum specified for the zoning district in which the site is located and is
also requesting a waiver from the requirements of the Subdivision Ordinance to eliminate the
community/recreation building. In addition to the requested waivers, the project is also subject to a lower
parking ratio, consistent with state law.
The project is exempt from CEQA pursuant to Section 15332 (In-fill Development Projects). As proposed,
and conditioned, the project is consistent with the applicable policies and programs of the San Rafael
General Plan 2040 (see Exhibit 5), and the provisions of the Neighborhood Commercial (NC) zoning
district. Approval of the Use Permit, Environmental and Design Review Permit, and Tentative Subdivision
Map applications is recommended subject to conditions.
RECOMMENDATION
It is recommended that the Planning Commission take the following action:
1. Adopt the attached Draft Resolution (Exhibit 1) approving Use Permit UP21-017 and Environmental
and Design Review Permit ED21-042.
2. Adopt the attached Draft Resolution (Exhibit 2) approving Tentative Subdivision Map TS21-004.
Requested Entitlements
The proposed project is subject to review and approval of the following entitlements:
• Environmental and Design Review (ED21-042). San Rafael Municipal Code (SRMC) §14.25.040.A
Major Physical Improvement for construction of residential structures with three or more dwelling units,
subject to review by the DRB and approval by the Planning Commission.
• Use Permit (UP21-017). Section 14.05.020 of the SRMC sets forth land use regulations for the City’s
commercial and office zoning districts. As shown in Table 14.05.020, multi-family residential uses in
the Neighborhood Commercial Zoning District are listed as “A”, which indicates the requirement for an
REPORT TO PLANNING COMMISSION - Case No: ED21-042; UP21-017; TS21-004 Page 2
administrative (staff approval) conditional use permit. Though the use is listed as requiring an
administrative use permit, where a single development project seeks multiple approvals, the highest
decision-making body is responsible for review of all requested entitlements.
• Tentative Subdivision (TS21-004). Pursuant to Section 15.12.030 (Subdivision map) of the SRMC,
all condominiums of two or more units are subject to Planning Commission approval of a tentative map.
PROPERTY FACTS
Table 1: Designations and Existing Uses
Address/Location: 88 Vivian Street Parcel Number(s): 008-092-02
Property Size: 2.4 acres Neighborhood: Canal
Site Characteristics
General Plan
Designation
Zoning Designation Existing Land-Use
Project Site: NC NC Country Club Bowl
North: HDR HR1/HR1.5 Multi-family developments
South: CC GC 76 Gas/service station; Hotel
East: LI/O CCI/O Automobile Services
West: NC NC Mixed retail/commercial
Table 2: Development Standards Summary
Development Standard Required/Permitted Proposed Consistent
Lot Requirements
Minimum lot area 6,000 s.f. 104,980 s.f. (no change) Yes
Minimum lot width 60 feet 160 feet (no change) Yes
Max Residential Intensity 1800 sf/unit
(104,980/1800 = 58 units)
1500 sf/unit
(104,980/1500 = 70 units)
Yes1
Minimum Yards
Front NR 4 feet Yes
Side NR 5 feet Yes
Side (Street) NR 4 feet Yes
Rear NR 4 feet 6 inches Yes
Maximum Height 30 feet (if residential only) Bldg 100/400/500/600: 34’ 6 “
Bldg 200/300: 35’ 6”
Yes2
Maximum Lot Coverage NR 52,732 s.f. (50.3%) n/a
Minimum Landscaping 10% 21,444 s.f. (20.4%) Yes
Parking (Vehicular) 105 136 Yes3
Parking (Bicycle) 5 8 Yes
1Consistent with State Density Bonus Law, Government Code §65915(f)(1), the project qualifies for a 20% density bonus, allowing
an increase in the maximum residential density
2Density Bonus waiver pursuant to Government Code §65915(e).
3Parking ratio pursuant to Government Code §65915(p): 0-1 bedroom = 1 parking space; 2-3 bedrooms = 1.5 parking spaces;
4+ bedrooms = 2.5 parking spaces.
REPORT TO PLANNING COMMISSION - Case No: ED21-042; UP21-017; TS21-004 Page 3
Site Description/Setting:
The project site is located between Highway
101 to the south and Canal Street/San Rafael
Creek to the north, at 88 Vivian Street on an
approximately 2.4-acre site with frontage on
Vivian Street to the west and Belvedere Street
to the north (Figure 1). The site is
approximately 160 feet wide by 666 feet long
and features generally flat topography in an
area designated by the Federal Emergency
Management Agency (FEMA) Flood Insurance
Rate Map (FIRM) as Special Flood Hazard
Area (SFHA) AE, which corresponds to the 1-
percent annual chance flood, also referred to
as the base or 100-year flood. The site is
currently developed with an approximately
38,400-square-foot bowling alley, known as
Country Club Bowl, which is no longer
operational and will be demolished as part of
the project. The site also contains ancillary
improvements including a small outdoor soccer
area and large surface parking lot, both of
which will be removed to accommodate the proposed project. The project site is identified in the 2015-
2023 Housing Element as an opportunity site.
Surrounding uses include multifamily residences to the north, and a mix of retail, commercial, and light
industrial uses to the east, west, and south. In addition, there is a small four-unit multi-family development
adjacent to the site’s eastern boundary.
BACKGROUND
Preliminary Application and Conceptual Design Review (2019)
An application for Preliminary Review and Conceptual Design Review was submitted by W/E
Development, LLC in 2019 and proposed a substantially similar project as the proposed project. As part
of the Preliminary Review, staff provided a comprehensive report to the applicant detailing applicable
requirements, regulations, and policies to be considered. In addition, the project was reviewed by the
Design Review Board, who provided comments related to the overall site design, landscaping, common
outdoor space, and building entrances. W/E Development, LLC did not move forward with the project
following the Preliminary and Conceptual Design Review.
PROJECT DESCRIPTION
Site Plan
The project proposes to demolish the existing, approximately 38,400-square-foot bowling alley and
associated site improvements and construct 70 residential for-sale units (i.e. condominiums) in 14 three-
story buildings ranging in size from approximately 2,000 to 4,000 square feet. The residential buildings are
setback a minimum of four-feet from the front property line (Belvedere St), four and a half feet from the
rear, five-feet from the interior side, and four-feet from the street side property line (Vivian St). As proposed,
the project includes six building types, including Building 100 (Buildings 7, and 8), Building 200 (Building
9), Building 300 (Buildings 10, 11, 12, and 13), Building 400 (Buildings 1, 2, 3, and 4), Building 500
(Buildings 5 and 6), and Building 600 (Building 14). As shown in Table 2 above, Buildings 100, 400, 500,
and 600 have an approximate height of 34 feet 6 inches and Buildings 200 and 300 have an approximate
height of 35 feet 6 inches as measured from grade to the midpoint of the pitched roof.
BELVEDERE STREET
FRANCISCO BLVD E MEDWAY RD VIVIAN ST LOUISE ST Figure 1: Project Location
REPORT TO PLANNING COMMISSION - Case No: ED21-042; UP21-017; TS21-004 Page 4
Figure 2: Proposed Site Plan Buildings and Building Types
Floor Plans
The project proposes seven plan types, details of which are summarized below. Plan types 1 through 5
include three levels with two-car garages on the first level, kitchen, dining, living, half bath, and decks on
the second level, and bedrooms and bathrooms on the third level. Plan type 6 is two levels including a
one-car garage on the first level, and all living space on the second level. Plan type 7 includes a one-car
garage on the first level, circulation (i.e. stairs) on the second level, and all living space on the third level.
Plan 1
18 units
1,415 s.f.
2 bed/2.5 bath
Plan 2
10 units
1,450 s.f.
3 bed/2.5 bath
Plan 3
4 units
1,600 s.f.
3 bed/2.5 bath
Plan 4
16 units
1,496 s.f.
2 bed/2.5 bath
Plan 5
18 units
1,588 s.f.
3 bed/2.5 bath/ADA bath
Plan 6
2 units
670 s.f.
1 bed/1 bath
Plan 7
2 units
850 s.f.
1 bed/1 bath/office
Architecture, Colors, and Materials
The project features a contemporary architectural style with concrete tile roofs, lap siding, vinyl windows,
and metal roll-up garage doors. As proposed, the project includes two color palettes, utilizing primarily
natural colors as shown in Table 3, below.
Table 3: Colors and Materials
Roof
Fascia
Body
Color 1
Body
Color 2
Body
Color 3
Accent
Colors Siding Railings
Palette 1
Eagel Slate
Range
SW Extra
White
SW Gossamer
Veil SW Tin Lizzie SW Still Water
SW Oak Moss SW Web Gray SW Caviar
Palette 2 Eagel Tacoma
Blend SW Extra
White SW Oyster
Bar SW Zeus
SW Sea
Serpent
SW
Rookwood
Dark Red
SW Burnished
Brandy SW Black Fox BLDG 6 BLDG 7 BLDG 8 BLDG 9 BLDG 10 BLDG 11 BLDG 12 BLDG 13 BLDG 14 BLDG 1 BLDG 2 BLDG 3 BLDG 4 BLDG 5
REPORT TO PLANNING COMMISSION - Case No: ED21-042; UP21-017; TS21-004 Page 5
Roof
Fascia
Body
Color 1
Body
Color 2
Body
Color 3
Accent
Colors Siding Railings
Access and Circulation
Vehicular access to the site will be provided through installation of a new driveway on Vivian Street located
between Buildings 4 and 5, and approximately 80 feet north of the site’s southwestern corner as well as a
new driveway located on Belvedere Street between Buildings 1 and 14, and approximately 65 feet from
the centerline of the Vivian Street/Belvedere Street intersection. Vehicular access throughout the site is
primarily provided by a north-south oriented two-way drive aisle measuring approximately 26-feet in width
and spanning the entire length of the site. In addition to the main north-south drive aisle, the project also
includes seven motor courts with 20-foot drive aisles. These motor courts provide access to covered
parking for Buildings 6-14 and measure 26-feet wide from opposing garage doors.
Landscaping, Lighting, and Fencing
As discussed above, the project proposes landscaped areas along the perimeter of the site, adjacent to
residential buildings, and in the common open space areas. Proposed plantings include a mix of trees,
shrubs, groundcovers, and vines with low to moderate water use requirements. The applicant has
submitted a Preliminary Stormwater Control Plan as the project is a regulated project as defined in the
BASMAA post-construction manual.
Lighting is proposed throughout the site and includes fixtures for downlighting in the common open space
area (Figure 3), pole lights (Figure 4), wall mounted light fixtures (Figure 5), and down- and up-lighting
fixtures (Figure 6).
Figure 3: Downlight
Fixture
Figure 4: Pole Lights Figure 5: Wall-
mounted Fixtures
Figure 6: Down- and
Up-light Fixtures
Proposed fencing is minimal and includes installation of a six-foot stucco, concrete masonry unit (CMU)
with six-inch stucco cap along the entire length of the south and east property lines as well as between the
proposed Vivian Street driveway and Building 3, between Buildings 2 and 3, and Buildings 1 and 2, and
between Buildings 7 and 8 at the entrance of the main open space area (see sheet L-3 of Exhibit 3 and
Figure 7).
REPORT TO PLANNING COMMISSION - Case No: ED21-042; UP21-017; TS21-004 Page 6
Figure 7: Proposed Fence/Wall
Grading/Drainage
As proposed, the project includes grading throughout the site and is estimated to result in a net export of
2,810 cubic yards. The proposed stormwater management plan uses a combination of measures for runoff.
The street widths, sidewalks, and driveways proposed are the minimum allowed by engineering and fire
requirements to minimize impervious surfaces. In addition, bio-treatment planters are provided for roof
drainage of buildings adjacent to the street.
Density Bonus
At 104,980 square feet, the maximum density permitted under the NC Zoning District (1,800 square feet
per unit), for the subject site is 59 units (140,980/1,800 = 58.32). Pursuant to Government Code Section
65915(f), based on the developer’s commitment to provide 10% of the residential units (6 units) as below
market rate affordable to low-income households, the project is eligible for a 20% density bonus, or 12
units, for a total of 71 units (59 base units + 12 density bonus units = 71 units). To accommodate the
density bonus units, the project proposes to increase the height of the buildings from 30-feet to 35-feet 6-
inches (Buildings 200/300) and 34-feet 6-inches (Buildings 100/400/500/600) and proposes to eliminate
the community/recreation building that would otherwise be required for a condominium project as specified
in San Rafael Municipal Code Section 15.12.060. These requests are permissible as waivers of
development standards per Government Code Section 65915(e)(1).1
ANALYSIS
San Rafael General Plan 2040 Consistency:
The project is consistent with key General Plan Policies. Specifically, the project satisfies both Land Use
and Canal District Neighborhood Element policies, which ensures the residential use within the commercial
district is compatible with surrounding properties. The project provides a diverse housing mix including
seven different plan types of various unit sizes and six affordable units. The project would improve the
physical appearance of the site by de-emphasizing parking areas and introducing landscaping along the
Vivian and Belvedere public rights-of-way. Perimeter landscaping and six-foot-high CMU walls with a
stucco finish are provided along the side property lines to the south and east to transition from residential
to commercial uses. In addition, the project is consistent with design-related policies of the Community
Design and Preservation and Safety and Resilience Elements. The multi-family project provides several
1 Government Code Section 65915(e)(1) allows an applicant to submit to the City a proposal for waiver or reduction of any
development standard, and states that in no case may a city apply any development standard that will have the effect of
physically precluding the construction of a housing development project that qualifies for a density bonus.
REPORT TO PLANNING COMMISSION - Case No: ED21-042; UP21-017; TS21-004 Page 7
high-quality landscape features and provides character-defining architectural features that reflect adjacent
residential properties. A full analysis is provided in the General Plan Consistency Table, Exhibit 5.
Zoning Ordinance Consistency:
As detailed in Table 2, the project is generally consistent with the applicable development standards of the
NC Zoning District in which the site is located as well as requirements contained in Chapters 14.16, 14.17,
and 14.18. Due to the applicability of State Density Bonus to the project, certain development standards
that would apply to residential projects in the NC Zoning District, including parking and building height have
been modified to accommodate the proposed project, consistent with state law. A full analysis of the
project’s consistency with applicable zoning regulations is provided in Exhibit 6.
Use Permit Findings
As noted in the Requested Entitlements section of this staff report, multi-family residential uses in the NC
Zoning District require review and approval of an Administrative Use Permit, subject to the requirements
of Section 14.17.100 - Residential uses in commercial districts. The project complies with the performance
standards of 14.17.100 for residential uses in commercial districts related to location of residential units,
noise, access, and refuse storage. Because Planning Commission review and approval is required for
Environmental and Design Review, the Commission is also the review authority for the requested Use
Permit. Staff’s analysis of the project’s consistency with the Use Permit findings set forth in Section
14.22.080 of the SRMC is provided in in the Draft Resolution, Exhibit 1 as well as the Zoning Ordinance
Consistency Table, Exhibit 6.
Environmental and Design Review Findings
As discussed previously, the project is defined in the SRMC as a Major Physical Improvement, which
requires review and approval of an Environmental and Design Review Permit by the City’s Planning
Commission. Staff’s analysis of the project’s consistency with the Environmental and Design Review
Findings set forth in Section 14.25.090 of the SRMC is provided in the Draft Resolution, Exhibit 1 as well
as the Zoning Ordinance Consistency Table, Exhibit 6.
Other Applicable Zoning Regulations
As detailed in Exhibit 6, the project is consistent with the following applicable regulations contained in Title
14 (Zoning) of the SRMC:
• Chapter 14.16 (Site and Use Regulations)
14.16.025 - Refuse enclosure requirement.
14.16.030 - Affordable housing requirement.
14.16.140 - Fences and walls.
14.16.170 - Geotechnical review.
14.16.180 - Hazardous soils conditions.
14.16.227 - Light and glare.
14.16.243 - Mechanical equipment screening.
14.16.260 - Noise standards.
14.16.295 - Sight distance.
14.16.320 - Swimming pools, hot tubs, and other mechanical equipment.
14.16.370 - Water-efficient landscape.
• Chapter 14.17 (Performance Standards)
14.17.100 - Residential uses in commercial districts.
• Chapter 14.18 (Parking Standards)
14.18.040 - Parking requirements (see State Density Bonus discussion)
14.18.090 - Bicycle parking.
14.18.100 - Parking space dimensions.
14.18.130 - Parking facility dimensions and design.
REPORT TO PLANNING COMMISSION - Case No: ED21-042; UP21-017; TS21-004 Page 8
14.18.140 - Access to public right-of-way.
14.18.180 - Residential districts—Garage and carport standards.
Subdivision Ordinance Consistency:
Tentative Map Findings for approval pursuant to SRMC Section 15.02.080 are detailed in Exhibit 2 and
demonstrate that the project is consistent with findings and procedural requirements of the Subdivision
Ordinance. Namely, the property is physically suitable for the type, density, and intensity of development
in that it can be served by water, sewer, and other utility systems, exceeds the minimum landscape area
requirement, and provides affordable housing units. In addition, the project is unlikely to cause substantial
environmental or health impacts.
Pursuant to Section 15.12.050 (Recreational facilities, residential condominiums) of the SRMC, all
residential condominium developments are required to provide recreational facilities including a
community/recreational center building, bicycle and pedestrian paths through the open, common areas of
the development, and common outdoor areas for active and passive recreation in central locations
throughout the development. However, consistent with State density bonus law, the project is requesting
a waiver, from the provisions of Title 15 requiring a community/recreation center building. The waiver would
not result in adverse impacts on public health, safety, or the physical environment and complies with the
requirements of State law. As such, there are no findings for denial that can be made for the requested
waiver from the Subdivision Ordinance.
As conditioned, this project would comply with Section 15.12.050 in that the project would establish a
property owners’ association for the management of common areas and the establishment of declaration
of covenants, conditions and restrictions (CC&R’s). CC&R’s would have to be submitted and reviewed to
the satisfaction of the City Attorney’s office prior to recordation of the Final Map.
DESIGN REVIEW BOARD RECOMMENDATION
The project was reviewed by the Design Review Board on December 7, 2021. At that meeting, the Board
was requested to provide feedback on the overall site layout, distribution and size of common open space
areas, proposed landscaping, including post-construction stormwater management, design of entrances
along Vivian Street and Belvedere Street, application and distribution of proposed color palettes, and
building massing and façade articulation. The Board reviewed the project and made a motion
recommending continuation of the project to a future date with direction to the applicant to revise the site
plan to include more tenant amenities, usable open space, and landscaping throughout the site.
On January 18, 2022, the applicant submitted revised plans and returned to the Board for review on March
22, 2022. Staff requested that the Board review the project revisions to determine whether the comments
provided at the December meeting had been adequately addressed. The Board discussed the project and
recommended design approval with the following conditions:
1. Relocate the open space adjacent to Building 200 towards the northeast, in order to break up the
monotony of the four buildings directly northeast.
2. Improve the sense of building entries for the units facing Vivian Street with options such as
projecting awnings or soffits that provide additional articulation. Provide a new color for such
elements as well.
3. Revise the material of proposed planter boxes along Vivian Street from concrete masonry unit
(CMU) block wall to stucco, stone, or other similar quality material. Consider methods for mitigating
the potential for skateboards to affect these planter boxes. Provide additional planter boxes along
Vivian Street as well.
Following the March DRB meeting, staff discussed the Board’s recommended conditions of approval with
the applicant, who noted that relocation of Building 200 would be infeasible, and as such staff has not
REPORT TO PLANNING COMMISSION - Case No: ED21-042; UP21-017; TS21-004 Page 9
included this recommendation as a condition of approval in the Draft Resolution, included as Exhibit 1.
Revised plans to address DRB conditions have not been provided, and as such staff has included the
other two DRB recommendations as conditions of approval (Nos. 3a and 3b).
ENVIRONMENTAL DETERMINATION
The project is categorically exempt from CEQA pursuant to Section 15332 of the CEQA Guidelines.
NEIGHBORHOOD MEETING / CORRESPONDENCE
Pursuant to City Council Resolution 8037, projects requiring a General Plan Land Use Amendment, a
Planned Development (PD) or Planned Unit Development (PUD) rezoning, or applications for which
preparation of an EIR is required are required to hold a neighborhood meeting. The project is therefore not
subject to the requirements of the resolution and no neighborhood meeting held for the project.
Notice of hearing for the project was conducted in accordance with noticing requirements contained in
Chapter 29 of the Zoning Ordinance. A Notice of Public Hearing was mailed to all property owners and
occupants within a 300-foot radius of the subject site and all other interested parties, 15 calendar days
prior to the date of all meetings, including this hearing. Public notice was also posted on the subject site
15 calendar days prior to the date of all meetings, including this hearing.
Copies of all written public correspondence on the proposed project received to date are attached to this
report as Exhibit 8. Throughout the course of the project, comments have been received related to
inclusionary housing requirements, parking, and traffic. As noted throughout this staff report, the project
will be providing 6 units onsite affordable to low-income households, consistent with the City’s
requirements. As a result, the project is also requesting a Density Bonus to exceed the maximum base
density of 59 units to construct 70 for-sale residential units including 4 one-bedroom, 34 two-bedroom, and
32 three-bedroom units. Since the project is subject to State Density Bonus law, parking ratios are lower
than that required by the SRMC. Lastly, comments relating to concerns of roadway operations and
specifically the operation of Francisco Boulevard E/Bellam Boulevard were provided at the March 22nd
DRB meeting. Though the project will result in 78 net new trips as compared to the existing bowling alley
use, as noted previously the project will add one additional trip during the AM peak hour and five fewer
trips during the PM peak hour. The addition of 78 net new daily trips and one additional trip during the AM
peak hour represents a nominal change to the existing roadway operations and will not substantially
change operations at the intersection of Francisco Boulevard E/Bellam Boulevard.
OPTIONS
The Planning Commission has the following options:
1. Approve the applications as presented, subject to conditions of approval (staff recommendation)
2. Approve the applications with certain modifications, changes, or additional conditions of approval.
3. Continue the applications to allow the applicant to address any of the Commission’s comments or
concerns
4. Deny the project and direct staff to return with a revised Resolution of denial.
EXHIBITS
1. Draft Use Permit and Environmental and Design Review Resolution
2. Draft Tentative Subdivision Map Resolution
3. Project Plans (available electronically at):
https://storage.googleapis.com/proudcity/sanrafaelca/uploads/2022/04/Plan-Set_02-18-22-
inclusionary-unit-update.pdf
REPORT TO PLANNING COMMISSION - Case No: ED21-042; UP21-017; TS21-004 Page 10
4. Technical Report and Studies (available electronically at):
https://www.cityofsanrafael.org/88-vivian/
5. General Plan Consistency Table
6. Zoning Ordinance Consistency Table
7. Subdivision Ordinance Consistency Table
8. Public Correspondence
EXHIBIT 1
RESOLUTION NO. 20-XX
RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION APPROVING A USE
PERMIT (UP21-017) AND ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED21-
042) FOR DEMOLITION OF THE EXISTING COUNTRY CLUB BOWL AND
CONSTRUCTION OF 70 FOR-SALE RESIDENTIAL UNITS, INCLUDING SIX
AVAILABLE TO LOW -INCOME HOUSEHOLDS, IN 14 SEPARATE BUILDINGS
LOCATED AT 88 VIVIAN STREET
APN: 008-092-02
WHEREAS, the City of San Rafael has received an application for a Use Permit and
Environmental and Design Review Permit (PLAN21-020, UP21-017, ED21-042) for a 70-unit for-
sale residential project in 14 separate buildings at 88 Vivian Street in the Neighborhood
Commercial (NC) Zoning District; and
WHEREAS, on February 20, 2019, the project received Conceptual Design Review by the
City of San Rafael Design Review Board pursuant to Section 14.25.030(B) of the San Rafael
Municipal Code; and
WHEREAS, on December 7, 2021, the project received Formal Design Review by the City
of San Rafael Design Review Board pursuant to Section 14.25.070 of the San Rafael Municipal
Code and the Board made a motion recommending continuation of the project to a date uncertain
with direction to the applicant to revise the site plan to include more tenant amenities, usable
outdoor space, and more landscaping; and
WHEREAS, on March 22, 2022, the revised project was reviewed by the Design Review
Board who recommended approval of the design, with conditions; and
WHEREAS, on May 10, 2022, the San Rafael Planning Commission held a duly noticed
public hearing on the proposed Use Permit and Environmental and Design Review Permit,
accepting all oral and written public testimony and the written report of the Community
Development Department staff; and
WHEREAS, upon review of the application, the Planning Commission finds that the project
is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to
Section 15332 of the CEQA Guidelines because it involves an infill development project that
meets the following criteria:
a. The project is consistent with the applicable general plan designation and all applicable
general plan policies as well as with applicable zoning designations and regulations.
b. The proposed development occurs within city limits on a project site of no more than five
acres substantially surrounded by urban uses.
c. The project site has no value as habitat for endangered, rare or threatened species.
d. Approval of the project would not result in any significant effects related to traffic, noise,
air quality, or water quality.
e. The site can be adequately served by all required utilities and public services.
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NOW THEREFORE BE IT RESOLVED, the Planning Commission makes the following
findings relating to the Use Permit (UP21-017), Environmental and Design Review (ED21-042),
and Major Subdivision (TS21-004) for the proposed 70-unit for-sale residential project in 14
separate buildings.
USE PERMIT FINDINGS
(UP21-017)
A. That the proposed use is in accord with the general plan, the objectives of the zoning
ordinance, and the purposes of the district in which the site is located:
The site is designated as Neighborhood Commercial on the General Plan 2040 Land Use
Map which conditionally allows for residential uses. In addition, the project is consistent with
the General Plan including applicable General Plan Policies for the reasons described in the
General Plan Consistency Table, included as Exhibit 4. The project is also consistent with
applicable regulations contained in the City of San Rafael Zoning Ordinance, including
performance standards applicable to residential uses in commercial districts, as detailed in
the Zoning Ordinance Consistency Table included in Exhibit 5. For the reasons described in
Exhibits 4 and 5, the proposed use is in accord with the General Plan, the objectives of the
Zoning Ordinance, and the purposes of the district in which the site is located, and therefore
this finding can be made.
B. That the proposed use, together with the conditions applicable thereto, will not be
detrimental to the public health, safety or welfare, or materially injurious to properties
or improvements in the vicinity, or to the general welfare of the city:
The project has been reviewed by appropriate city departments, including the Building
Division, Fire Department, Department of Public Works, and Marin Sanitary Service. As
conditioned, the project will require application of a building permit that complies with all
applicable Building and Fire Code requirements prior to construction. In addition, the applicant
will be required to comply with conditions of approval imposed by the Department of Public
Works and Marin Sanitary Service as contained herein. As such, the project 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 this finding can be made.
C. That the proposed use complies with each of the applicable provisions of the zoning
ordinance:
For the reasons described in the Planning Commission Staff Report and Zoning Ordinance
Consistency Table, the project, as proposed and conditioned, complies with Chapter 14
(Zoning) of the San Rafael Municipal Code (SRMC) and therefore this finding can be made.
ENVIRONMENTAL AND DESIGN REVIEW FINDINGS
(ED21-042)
A. That the project design is in accord with the general plan, the objectives of the zoning
ordinance and the purposes of this chapter:
The site is designated as Neighborhood Commercial on the General Plan 2040 Land
Use Map which conditionally allows for residential uses. In addition, the project is
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consistent with the General Plan including applicable General Plan Policies for the
reasons described in the General Plan Consistency Table, included as Exhibit 4.
The project is also consistent with applicable regulations contained in the City of San
Rafael Zoning Ordinance, including performance standards applicable to residential
uses in commercial districts, as detailed in the Zoning Ordinance Consistency Table
included in Exhibit 5. For the reasons described in Exhibits 4 and 5, the proposed
use is in accord with the General Plan, the objectives of the Zoning Ordinance, and
the purposes of the district in which the site is located, and therefore this finding can
be made.
B. That the project design is consistent with all applicable site, architecture and
landscaping design criteria and guidelines for the district in which the site is located:
The Design Review Board evaluated the design of the project on February 20, 2019 as part of
the conceptual design review, and on December 7, 2021, and March 22, 2022 as part of formal
design review. On March 22, 2022, the Design Review Board found the project design to be
consistent with applicable regulations and guidelines and recommended approval of the project
design to the Planning Commission, subject to conditions of approval. As such, this finding can
be made.
C. That the project design minimizes adverse environmental impacts:
Staff conducted a “preliminary review” of the project application, plans and supportive studies
and reports and determined that the application is defined as a “project” under CEQA,
pursuant to CEQA Guidelines Section 15060. A project is exempt from CEQA if it qualifies for
a Categorical Exemption under Article 19, Section 15300. Given the project location, scope
and use, staff recommends that the project qualifies for an exemption under CEQA Guidelines
Section 15332. Section 15332 exempts “infill development projects” that meet the following
conditions:
a. The project is consistent with the applicable general plan designation and all
applicable general plan policies as well as with applicable zoning designation
and regulations.
The project, as a multi-family residential use is conditionally permitted in the NC Zoning
District. The project is consistent with the General Plan, as detailed in the General
Plan Consistency Table (Exhibit 4) and Zoning Ordinance as detailed in the Zoning
Ordinance Consistency Table (Exhibit 5). Therefore, the project is consistent with
applicable the general plan designation, general plan policies, and applicable zoning
designation 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.
The project site is approximately 2.4 acres and is located within an urbanized area
surrounded by existing residential, commercial, and retail development. Therefore, the
project is within city limits on a project site of no more than five acres substantially
surrounded by urban uses.
c. The project site has no value, as habitat for endangered, rare or threatened
species.
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The project site is currently developed as a bowling alley with a large surface parking
lot. The site contains minimal ornamental landscaping and is surrounded by roadways
and existing urbanized uses. As disturbed, urban habitat, the site does not contain
suitable habitat for endangered, rare or threatened species.
d. Approval of the project would not result in any significant effects relating to
traffic, noise, air quality, or water quality.
Traffic. As evidenced by the Trip Generation and VMT Analysis, prepared by RK
Engineering Group, Inc. dated February 3, 2021 (Exhibit 11), the proposed use will
result in 78 net additional daily trips including one net additional AM peak hour trip and
five net fewer PM peak hour trips as compared to the existing bowling alley. Pursuant
to the City’s adopted VMT Guidelines, project’s resulting in 110 or fewer average daily
trips are presumed not to result in traffic impacts. Therefore, the project will not result
in a significant effect relating to traffic.
Noise. No significant effects related to noise or traffic are anticipated. As evidenced in
the Noise Impact Study, prepared by RK Engineering Group, Inc., dated April 5, 2021
(Exhibit 11), recommendations are included to prevent any off-site impact, as well as
achieve the minimum interior noise standard of 45 dBA for all residential units,
consistent with the requirements of the California Building Code. The project also
includes CMU walls which serve to attenuate noise from adjacent noise sources to
outdoor areas. Therefore, the project will not result in a significant effect relating to
noise.
Air Quality. The Bay Area Air Quality Management District (BAAQMD) CEQA
Guidelines provide preliminary screening for a lead agency to consider in making a
conservative determination of a project’s potential impacts on air quality based on
proposed land-use. Projects that are below the screening criteria contained in Table
3-1 of the BAAQMD CEQA Guidelines are reasonably expected to result in less than
significant impacts to air quality since pollutant emissions would be minimal. The
screening level criteria for an apartment, low rise (presumed to be analogous with 70
residential units in three-story buildings) is 451 dwelling units for operational criteria
pollutants, 78 dwelling units for operational GHG emissions, and 240 dwelling units for
construction-related emissions. Furthermore, an Air Quality and Greenhouse Gas
Assessment (Exhibit 11) was prepared for the project and includes recommendations
to control for emissions during construction and at operation. Based on the size of the
project and through incorporation of recommendations contained in the Assessment,
the project will not result in a significant effect relating to air quality.
Water Quality. The project will incorporate stormwater management, consistent with
applicable requirements therefore, the project will not result in a significant effect
relating to water quality.
e. The site can be adequately served by all required utilities and public services.
The project site contains existing uses that are fully served by utilities and public
services. The site is located within an urbanized area, in the Canal neighborhood of
San Rafael, within the Urban Growth Boundary and is well served by all requisite
utilities and public services
D. That the project design will not be detrimental to the public health, safety or welfare, nor
materially injurious to properties or improvements in the vicinity.
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The project has been reviewed by the City of San Rafael and appropriate agencies and where
applicable, conditions of approval have been incorporated to ensure the project will not be
detrimental to the public health, safety, or welfare, nor materially injurious to properties or
improvements in the project vicinity. As such, this finding can be made.
USE PERMIT CONDITIONS OF APPROVAL
(UP21-017)
Community Development Department
Planning Division
1. This Use Permit approves construction of 70 for-sale residential units in 14 separate buildings
at 88 Vivian Street and within the Neighborhood Commercial (NC) Zoning District. Plans
submitted for building permit shall be in substantial conformance to the plans approved May
10, 2022 with regard to building techniques, materials, elevations, and overall project
appearance except as modified by these conditions of approval.
2. This Use Permit shall run with the land. This Use Permit shall become null and void if not
vested within two (2) years from the date of approval, or no later than May 10, 2024 unless a
time extension is granted before such time. Vesting shall include issuance of necessary
building permits.
3. Plans submitted for building permit shall incorporate all recommendations included in the
Noise Impact Study, prepared by RK Engineering Group Inc., on April 5, 2021.
4. Plans submitted for building permit shall incorporate all recommendations included in the Air
Quality and GHG Impact Study, prepared by RK Engineering Group Inc., on April 5, 2021.
5. The project shall be subject to the affordable housing requirements prescribed in Section
14.16.030 of the San Rafael Zoning Ordinance, City Council Resolution 14890, and City
Council Resolution 14891 and is therefore required to provide six (6) of the 70 units as
affordable at the low income level. Prior to issuance of a building permit or recordation of the
final map, whichever occurs first, a Below Market Rate (BMR) agreement for the six (6)
affordable units shall be approved by the City Council and recorded on the property. The
location of the BMR units shall be identified on the project plans and the final location shall be
subject to review and approval of the City as part of the City’s consideration of the BMR
agreement. Please contact the Marin Housing Authority to commence the agreement process.
6. Prior to Issuance of Building Permits, the applicant shall pay all outstanding Planning Division
application processing fees.
7. Prior to Issuance of Building Permits, the applicant shall pay all applicable development
impact fees required for this project, including those fees mentioned herein and other fees
required by ordinance.
8. Minor modifications or revisions to the project shall be subject to review and approval by the
Community Development Department, Planning Division. Modifications deemed greater than
minor in nature by the Community Development Director shall require review and approval by
the Planning Commission.
9. The project shall comply with the City construction operation limits as follows:
a. Construction hours shall be limited to
i. Weekdays between 7:00am and 6:00pm
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ii. Saturdays between 9:00am and 6:00pm
iii. Sundays and holidays NO construction permitted.
b. Prohibit all unnecessary idling of internal combustion engines.
c. Equip all internal combustion engine-driven equipment with intake and exhaust
mufflers that are in good condition and appropriate for the equipment. Air compressors
and pneumatic equipment should be equipped with mufflers, and impact tools should
be equipped with shrouds or shields.
d. Locate stationary noise-generating equipment, such as air compressors or portable
power generators, as far as possible from sensitive receptors as feasible. If they must
be located near receptors, adequate muffling (with enclosures where feasible and
appropriate) shall be used reduce noise levels at the adjacent sensitive receptors. Any
enclosure openings or venting shall face away from sensitive receptors.
e. Control noise from construction workers’ radios to a point where they are not audible
at existing residences bordering the project site.
f. Notify all adjacent noise sensitive land uses of the construction schedule in writing.
g. Designate a "disturbance coordinator" who would be responsible for responding to any
complaints about construction noise. The disturbance coordinator will determine the
cause of the noise complaint (e.g., bad muffler, etc.) and will require that reasonable
measures be implemented to correct the problem. Conspicuously post a telephone
number for the disturbance coordinator at the construction site and include in it the
notice sent to neighbors regarding the construction schedule.
10. Due to the extent and scope of the project, third party inspection may be required on behalf
of the City and funded by the developer on a deposit basis.
11. Prior to sale of individual units, the seller shall provide the buyer with disclosure of the
property’s location within the Special Flood Hazard Zone AE and the property’s vulnerability
to sea level rise.
Building Division
12. The design and construction of all site alterations shall comply with the 2019 California
Residential Code (CRC), 2019 California Building Code (CBC), 2019 California Plumbing
Code (CPC), 2019 California Electrical Code (CEC), 2019 California Mechanical Code
CCMC), 2019 California Fire Code (CFC), 2019 California Energy Code, 2019 California
Green Building Standards Code and City of San Rafael Ordinances and Amendments.
• A building permit is required for the proposed work. Applications shall be accompanied by
four
• (4) complete sets of construction drawings to include:
• Architectural plans
• Structural plans
• Electrical plans
• Plumbing plans
• Mechanical plans
• Site/civil plans (clearly identifying grade plane and height of the building)
• Structural Calculations
• Truss Calculations
• Soils reports
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• Green Building documentation
• Title-24 energy documentation
13. School fees will be required for the project. Calculations are done by the San Rafael City
Schools, and those fees are paid directly to them prior to issuance of the building permit.
14. You must apply for a new address for this building from the Building Division.
15. Each building must have address identification placed in a position that is plainly legible and
visible from the street or road fronting the property. Numbers painted on the curb do not satisfy
this requirement. In new construction and substantial remodels, the address must be internally
or externally illuminated and remain illuminated at all hours of darkness. Numbers must be a
minimum 4 inches in height with ½ inch stroke for residential occupancies and a minimum 6
inches in height with ½ inch stroke for commercial applications. The address must be
contrasting in color to their background SMC 12.12.20.
16. The maximum area of unprotected and protected openings permitted in the exterior wall in
any story of a building shall not exceed the percentages specified in CBC Table 705.8
“Maximum Area of Exterior Wall Openings Based on Fire Separation Distance and Degree of
Opening Protection.” To calculate the maximum area of exterior wall openings you must
provide the building setback distance from the property lines and then justify the percentage
of proposed wall openings and include whether the opening is unprotected or protected.
17. If proposed fencing exceeds 6' in height, a building permit is required.
18. Bollards must be placed in the garage to protect mechanical equipment, water heater, and
washer dryer from vehicular damage when located in the path of a vehicle.
19. Any demolition of existing structures will require a permit. Submittal shall include three (3)
copies of the site plan, asbestos certification and PG&E disconnect notices. Also, application
must be made to the Bay Area Air Quality Management District prior to obtaining the permit
and beginning work.
20. A portion of the subject property appears to be in an flood zone, which is identified as an area
of special flood hazard. All new construction and in some cases, existing improvements, are
to be designed to ensure that the potential for flooding is minimized. This may involve grading
to elevate the building pad or raising of existing building components to a level above the
highest flood level.
Regarding any grading or site remediation, soils export, import and placement; provide a
detailed soils report prepared by a qualified engineer to address these procedures. The report
should address the import and placement and compaction of soils at future building pad
locations and should be based on an assumed foundation design. This information should be
provided to Building Division and Department of Public Works for review and comments prior
to any such activities taking place.
A grading permit may be required for the above-mentioned work.
21. Prior to building permit issuance for the construction of each building, geotechnical and civil
pad certifications are to be submitted.
22. Based on the distance to the property line (and/or adjacent buildings on the same parcel), the
building elements shall have a fire resistive rating not less than that specified in CBC Table
601 and exterior walls shall have a fire resistive rating not less than that specified in CBC
Table 602.
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23. Cornices, eaves overhangs, exterior balconies and similar projections extending beyond the
floor area shall conform to the requirements of CBC 705.2. Projections shall not extend
beyond the distance determined by the following two methods, whichever results in the lesser
projection:
• A point one-third the distance from the exterior face of the wall to the lot line where
protected openings or a combination of protected openings and unprotected openings are
required in the exterior wall.
• A point one-half the distance from the exterior face of the wall to the lot line where all
openings in the exterior wall are permitted to be unprotected or the building is equipped
throughout with an automatic sprinkler system.
• More than 12 inches into areas where openings are prohibited.
24. CRC Section 302 - Based on the distance to the property line, single family residential and
their associated accessory buildings, depending whether the structure(s) have an automatic
fire sprinkler system, have specific requirements and limitations regarding:
• Fire resistive rating of exterior walls
• Projections of eaves and decks
• Wall openings (doors and windows)
Generally, structures within 5 feet of the property line require additional review.
25. Ventilation area required, the minimum openable area to the outdoors is 4 percent of the floor
area being ventilated CBC 1203.5.1 or mechanical ventilation in accordance with the
California Mechanical Code.
26. Natural light, the minimum net glazed area shall not be less than 8 percent of the floor area
of the room served CBC 1205.2 or shall provide artificial light in accordance with CBC 1205.3.
Fire Department
27. The design and construction of all site alterations shall comply with the 2019 California Fire
Code, current NFPA Standards, and all applicable City of San Rafael Ordinances and
Amendments.
28. 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:
• Fire Sprinkler plans (Deferred Submittal to the Fire Prevention Bureau)
• Fire Alarm plans (Deferred Submittal to the Fire Prevention Bureau)
• Private Hydrant plans (Deferred Submittal to the Fire Prevention Bureau)
29. The fire apparatus access roadway must conform to all provisions in CFC Section 503 and
Appendix D.
30. A fire apparatus access plan shall be prepared for this project. Fire apparatus plan shall show
the location the following:
• Designated fire apparatus access roads.
• Red curbs and no parking fire lane signs.
• Fire hydrants.
• Fire Department Connection if applicable (FDC).
• Double detector check valve if applicable.
• Street address signage.
• Recessed Knox Boxes.
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• Fire Alarm annunciator panel.
• Provide a note on the plan, as follows: The designated fire apparatus access roads and
fire hydrants shall be installed and approved by the Fire Prevention Bureau prior
construction of the building.
31. A Knox Box is required at the primary point of first response to the building or at certain pre
identified key areas such as rooms containing alarm panels, electrical panels or other critical
building systems. A recessed mounted Knox Box # 3200 Series is required for new buildings;
surface mount for all others. the Knox Box shall be clearly visible upon approach to the main
entrance from the fire lane. Note the Knox Box must be installed from 72” to 78” above finish
grade; show the location on the plans. https://www.knoxbox.com/commercial-knoxboxes/
32. A Knox key switch is required for driveway or access road automatic gates.
https://www.knoxbox.com/gate-keys-and-padlocks/
33. On site fire hydrants could be required. Residential model: Clow 950. Commercial Model:
Clow 960. The Prevention Bureau will identify the locations & type if needed.
34. When additions or alterations are made, the nearest existing fire hydrant shall be upgraded.
Residential model: Clow 950. Commercial Model: Clow 960. This could be required for the
hydrant(s) located along Vivian Street:
35. When a building is fully sprinklered all portions of the exterior building perimeter must be
located within 250-feet of an approved fire apparatus access road.
• The minimum width of the fire apparatus access road is 20-feet.
• The minimum inside turning radius for a fire apparatus access road is 28 feet.
• If the fire apparatus access road serving this complex is more than 150-feet in length;
provide an approved turn-around. Contact the Fire Prevention Bureau for specific details.
36. If the building is over 30 feet in height, an aerial fire apparatus access roadway is required
parallel to one entire side of the building.
• The Aerial apparatus access roadway shall be located within a minimum 15 feet and a
maximum of 30 feet from the building.
• The minimum unobstructed width for an aerial fire apparatus access road is 26-feet.
• Overhead utility and power lines shall not be located within the aerial fire apparatus access
roadway, or between the roadway and the building.
37. Fire lanes must be designated; painted red with contrasting white lettering stating, “No Parking
38. Fire Lane” A sign shall be posted in accordance with the CFC Section 503.3 and to the
satisfaction and approval of the San Rafael Parking Services Division.
39. Provide address numbers plainly visible from the street or road fronting the property. Numbers
painted on the curb do not qualify as meeting this requirement. Numbers shall contrast with
the background and shall be Arabic numbers or letters. Numbers shall be internally or
externally illuminated in all new construction or substantial remodels. Number sizes are as
follows: For residential – 4” tall with ½” stroke. For commercial – 6” tall with ½” stroke. Larger
sizes might be required by the fire code official or in multiple locations for buildings served by
two or more roads.
40. Contact the Marin Municipal Water District (MMWD) to make arrangements for the water
supply serving the fire protection systems.
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Department of Public Works
41. Prior to occupancy, the Final Map shall be recorded with the Marin County Recorder’s Office.
42. All backflow preventers, fire department connections (FDC), and other above ground utility
structures shall be placed on private property.
43. A third-party geotechnical peer review of the project geotechnical report will be required prior
to issuance of a building permit. The peer review shall be paid for by the project sponsor and
contracted by the City.
The project geotechnical engineer shall review the grading and building permit construction
documents and provide plan review letter(s) prior to issuance of a building or grading permit.
44. A storm drain profile detailing the connection between the private property and storm drain
pipe will be required prior to issuance of a building permit to ensure the proposed connection
does not conflict with existing infrastructure.
45. Frontage Improvements in the public right-of-way adjacent to the proposed development shall
include the following:
a. Pavement restoration per a paving plan reviewed and approved by the DPW. Note that
both Vivian St. and Belvedere St. are moratorium streets. Pavement restoration on each
street shall be full width.
b. Provide ADA compliant pedestrian crossings at the intersection of Vivian and Belvedere
Streets.
c. The applicant shall coordinate with DPW to increase the width of the sidewalk within the
public right-of-way from 4 feet to 6 feet along the project frontage. The sidewalk shall be
compliant with current ADA standards.
d. Existing overhead utilities on the Belvedere St. frontage shall be undergrounded as part
of this project. All utilities servicing the project shall be undergrounded.
46. Prior to issuance of a building permit, provide a maneuvering exhibit with the appropriate fire
apparatus and emergency vehicles using Autoturn or equivalent to demonstrate access to the
satisfaction of the Fire Prevention Bureau.
47. Provide a sight distance exhibit demonstrating vehicles entering and exiting the main entrance
to the development have adequate visibility.
48. Prior to issuance of a building permit, a striping and signage plan for the development shall
be submitted to DPW for review.
49. The property is located within FEMA Special Flood Hazard Area Zone AE. The project shall
be designed in accordance with applicable FEMA regulations including the provisions of
ASCE 24-14: Flood Resistant Design and Construction.
Elevation and flood proofing certificate(s) will be required prior to occupancy.
50. A grading permit is required from DPW prior to commencement of grading and construction
work.
51. A construction management plan shall be provided for review and approval by the City prior
to issuance of building permit or grading permit.
a. All materials and equipment shall be staged on-site, unless otherwise approved.
b. The construction management plan shall include the traffic control plan to address on-site
and off-site construction traffic.
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c. A screened security fence approved by the City shall be placed and maintained around
the perimeter of the project and removed immediately following construction work.
d. Proposed construction phasing and approximate timeline.
52. This project includes more than 5,000 square feet of total impervious area replacement and
creation and therefore is considered a regulated project. The project also proposes to use
non-LID facilities and will need to show equivalent effectiveness to bioretention areas in
accordance with Bay Area Stormwater Management Agencies Association (BASMAA)
requirements. The following documents are required to be provided in accordance with Marin
County Stormwater Pollution Prevention Program (MCSTOPPP) and the BASMAA
requirements:
a. Stormwater Control Plan.
• A written document to accompany the plan set used primarily for municipal review to
verify compliance with stormwater treatment requirements. (Needed to obtain a
grading or building permit.)
b. Stormwater Facilities Operations and Maintenance (O&M) plan.
• A written document and exhibit outlining facilities on-site and maintenance activities
and responsibilities for property owners. (Provide prior to occupancy)
c. Operations and Maintenance Agreement.
• A formal agreement between the property owner and the city that shall be recorded
with the property deed. (Provide prior to occupancy)
53. 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.
54. Prior to commencing work within the right-of-way, the applicant shall obtain an encroachment
permit from the City of San Rafael Department of Public Works.
55. 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
56. Sewer peak flow calculations for the expected development outfall shall be submitted with the
building permit application.
57. A sewer permit from SRSD shall be required from all exterior (outside building envelopes)
private sewer lateral connections to the proposed sewer main connection point.
58. Building permit plans shall have the following notes on the Utility Plans:
a. All sanitary sewer-related work shall be performed in accordance with the San Rafael
Sanitation District Standard Plans and Specifications.
b. Independent of a Building Permit, a sewer permit from the San Rafael Sanitation District
shall be required for all proposed sewer lateral construction. The contractor shall apply for
a sewer permit at the District office located at 111 Morphew Street prior to the start of
work.
c. Notify the San Rafael Sanitation District Inspector 72 hours prior to the start of sanitary
sewer construction by phone at (415) 485-3194 or by email at
Rolando.Calvo@cityofsanrafael.org.
59. Each separate unit shall have its own separate annual sewer fee assessed.
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ENVIRONMENTAL AND DESIGN REVIEW CONDITIONS OF APPROVAL
(ED21-042)
1. This Environmental and Design Review Permit approves a 61-foot 8-inch tall, 185-room hotel
project with associated parking, access and landscape improvements at 1075 Francisco Blvd
E and within the General Commercial (GC) Zoning District. Plans submitted for building permit
shall be in substantial conformance to the plans approved May 12, 2020 with regard to building
techniques, materials, elevations, and overall project appearance except as modified by these
conditions of approval.
2. This Design Review Permit (ED19-038) shall be valid for two years from approval or until May
10, 2024 and shall be null and void if a building permit is not issued or a time extension granted
prior to the expiration date.
3. Plans submitted for building permit shall incorporate the following Design Review Board
recommendations and shall be reviewed for compliance by Planning Staff and the Chair of
the Design Review Board.
a. Plans shall be revised to improve the sense of building entries for units facing Vivian
Street. Options may include, but are not limited to projecting awnings or soffits that
provide additional articulation or a new color for such elements.
b. Plans shall include revisions to the material of proposed planter boxes along Vivian
Street from concrete masonry unit (CMU) block wall to stucco, stone, or other similar
quality material. The applicant shall also consider methods for mitigating the potential
for skateboards to affect these planter boxes. Plans submitted for building permit shall
also provide additional planter boxes along the Vivian Street project frontage where
feasible.
4. Plans submitted for building permit shall incorporate recommendations contained in the
Geotechnical Report prepared by Geocon Consultants, Inc., dated January 2021, subject to
review and approval by the City’s Building Division.
5. Plans shall demonstrate compliance with regulations set forth in Section 14.16.295 (Sight
distance) of the San Rafael Municipal Code.
6. Plans shall demonstrate compliance with regulations set forth in Section (14.16.320), requiring
a minimum setback of five feet from the property line for all mechanical equipment.
7. The project shall be subject to a 90-day post installation lighting inspection to evaluate the
need for adjustment and assure compliance with SRMC Section 14.16.227.
8. Prior to issuance of a building permit, the applicant demonstrate compliance with Marin
Municipal Water District water conservation measures.
9. Prior to Issuance of Building Permit, the applicant shall submit the stormwater control plan,
which includes written document, in addition to the erosion control plan shown on the plan
set. A stormwater facility maintenance agreement shall be required.
10. A grading permit shall be required from the Department of Public Works, located at 111
Morphew St.
11. Prior to Issuance of a Building Permit the applicant shall provide improvement plans for
proposed frontage improvements.
12. Prior to commencing work within the right-of-way, the applicant shall obtain an encroachment
from the Department of Public Works located at 111 Morphew St.
- 13 -
13. In the event that any archaeological features, such as concentrations of artifacts or culturally
modified soil deposits including trash pits older than fifty years of age, are discovered at any
time during grading, scraping, or excavation within the property, all work shall be halted in the
vicinity of the find, the Planning Division shall be notified, and a qualified archaeologist shall
be contacted immediately to make an evaluation. If warranted by the concentration of artifacts
or soils deposits, an archaeologist shall monitor further work in the discovery area.
14. If human remains are encountered during grading and construction, all work shall stop in the
immediate vicinity of the discovered remains and the County Coroner and a qualified
archaeologist shall be notified immediately so that an evaluation can be performed. The
Coroner shall contact the Native American Heritage Commission, if the remains are deemed
to be Native American and prehistoric, so the “most likely descendant” can be designated.
The foregoing Resolution was adopted at the regular City of San Rafael Planning Commission
meeting held on the 10th day of May, 2022. The Planning Commission’s Action is final unless it
is appealed to the City Council within five (5) working days pursuant to San Rafael Municipal Code
Section 14.28.030 - Filing and time limit of appeals.
Moved by _______________ and seconded by _______________. The vote is as follows:
AYES:
NOES:
ABSENT:
SAN RAFAEL PLANNING COMMISSION
ATTEST: BY:
Leslie Mendez, Secretary Chair
EXHIBIT 2
RESOLUTION NO. 20-XX
RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION APPROVING A
TENTATIVE SUBDIVISION MAP FOR 70 FOR-SALE RESIDENTIAL UNITS,
INCLUDING SIX AVAILABLE TO LOW -INCOME HOUSEHOLDS, IN 14 SEPARATE
BUILDINGS LOCATED AT 88 VIVIAN STREET
APN: 008-092-02
WHEREAS, the City of San Rafael has received an application for a Tentative Subdivision
map for a 70-unit for-sale residential project in 14 separate buildings at 88 Vivian Street in the
Neighborhood Commercial (NC) Zoning District; and
WHEREAS, on May 10, 2022, the San Rafael Planning Commission held a duly noticed
public hearing on the proposed Use Permit (UP21-017), Environmental and Design Review
Permits (ED21-042), and Tentative Subdivision Map (TS21-004), accepting all oral and written
public testimony and the written report of the Community Development Department staff; and
WHEREAS, upon review of the application, the Planning Commission finds that the project
is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to
Section 15332 of the CEQA Guidelines because it involves an infill development project that
meets the following criteria:
a. The project is consistent with the applicable general plan designation and all applicable
general plan policies as well as with applicable zoning designations and regulations.
b. The proposed development occurs within city limits on a project site of no more than five
acres substantially surrounded by urban uses.
c. The project site has no value as habitat for endangered, rare or threatened species.
d. Approval of the project would not result in any significant effects related to traffic, noise,
air quality, or water quality.
e. The site can be adequately served by all required utilities and public services.
NOW THEREFORE BE IT RESOLVED, the Planning Commission makes the following
findings Major Subdivision (TS21-004) for the proposed 70-unit for-sale residential project in 14
separate buildings.
TENTATIVE SUBDIVISION MAP FINDINGS
(TS21-004)
1. The proposed map is consistent with the San Rafael general plan and any applicable,
adopted specific plan or neighborhood plan;
The proposed map will consist of 70 condominium units, shown on the Tentative Map. The
General Plan supports residential uses at the project site, and the applicant seeks Use Permit
approval as required by the SRMC. There is no adopted specific plan or neighborhood plan
for the project area. As such, the proposed map is consistent with the San Rafael General
Plan.
- 2 -
2. The design or improvement of the proposed subdivision is consistent with the San
Rafael general plan and any pertinent, adopted specific plan or neighborhood plan;
The proposed project has been reviewed for consistency with applicable General Plan
policies. As discussed in the required Use Permit and Environmental and Design Review
findings, the design and improvement of the proposed project and associated map is
consistent with the General Plan. As such, the proposed map is consistent with this finding.
3. The property subject to subdivision is physically suitable for the type or density of
development that is proposed;
The proposed map has been reviewed concurrent with the proposed physical development.
The subdivision will adequately accommodate the type and density of the proposed uses
consistent with this finding.
4. The design of the subdivision or the proposed improvements are not likely to cause
substantial environmental damage or substantially and avoidably injure fish or wildlife
or their habitat;
The project has been reviewed in accordance with the California Environmental Quality Act
and has been found to be categorically exempt pursuant to CEQA Guidelines Section 15332
(In-Fill Projects). As such, the design of the subdivision and associated improvements will not
cause a substantial adverse impact on the environment consistent with this finding.
5. The design of the subdivision or the type of proposed improvements is not likely to
cause serious health problems; and
The project has been reviewed by appropriate city departments, including the Building
Division, Fire Department, Department of Public Works, and Marin Sanitary Service. As
conditioned, the project will require application of a building permit that complies with all
applicable Building and Fire Code requirements prior to construction. In addition, the applicant
will be required to comply with conditions of approval imposed by the Department of Public
Works and Marin Sanitary Service as contained herein. As such, the design of the subdivision
and associated improvements will not cause serious health problems and is therefore
consistent with this finding.
6. The design of the subdivision or the type of proposed improvements will not conflict
with easements, acquired by the public at large, for access through or use of, property
within the proposed subdivision. In this connection, the city may approve the map if it
is determined that alternative easements, for access or for use, will be provided, and
that these will be substantially equivalent to ones previously acquired or secured for
public use.
There are no existing public access easements onsite. As such, the proposed map is
consistent with this finding.
- 3 -
TENTATIVE SUBDIVISION MAP
CONDITIONS OF APPROVAL (TS21-004)
1. This Tentative Subdivision Map approves the proposed condominium subdivision as shown
on plans approved May 10, 2022.
2. Prior to issuance of a building permit, the applicant shall submit an application for a Final
Subdivision Map, which shall be in substantial conformance to the Tentative Map.
3. Upon submittal of the Final Map, the applicant shall submit draft CC&Rs for review by the
Community Development Department and the City Attorney’s office, consistent with Section
15.06.160 of the San Rafael Municipal Code.
The foregoing Resolution was adopted at the regular City of San Rafael Planning Commission
meeting held on the 10th day of May, 2022. The Planning Commission’s Action is final unless it
is appealed to the City Council within five (5) working days pursuant to San Rafael Municipal Code
Section 14.28.030 - Filing and time limit of appeals.
Moved by _______________ and seconded by _______________. The vote is as follows:
AYES:
NOES:
ABSENT:
SAN RAFAEL PLANNING COMMISSION
ATTEST: BY:
Leslie Mendez, Secretary Chair
EXHIBIT 5
ANALYSIS OF PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2040
4-1
LAND USE ELEMENT
Policy LU-3.3: Housing Mix. Encourage a diverse mix of housing
choices in terms of affordability, unit type, and size, including
opportunities for both renters and owners.
Consistent
The proposed project includes seven different plan types of varying sizes
totaling four one-bedroom, 34 two-bedroom units, and 32 three-bedroom
units, all of which will be for-sale. Six of the total units will be restricted for
occupancy by low-income households. Therefore, the project provides a
diverse housing mix in terms of affordability, unit type, and size consistent
with this General Plan policy.
Policy LU-3.4: Property Maintenance. Require owners to maintain their
properties in good condition and appearance to eliminate unsafe and
unhealthy conditions.
Consistent
The units will be owner-occupied, and an HOA will be required to maintain
the property in good condition and appearance to eliminate unsafe and
unhealthy conditions and as such is consistent with this General Plan
policy.
Policy LU-3.6: Transitions Between Uses. Outside of mixed use
developments, maintain buffers between residential uses and adjacent
commercial and institutional uses. Parking lots, loading areas, trash
facilities, and similar activities associated with non-residential uses
should be appropriately screened.
Consistent
The proposed project includes 9,021 sq. ft. of common amenity spaces,
including an open space area along the Belvedere Street frontage, which
provides a buffer between the proposed project and adjacent residential
uses to the north. The project also increases the setback between
properties to the east as compared to the existing Country Club Bowl,
provides perimeter landscaping to buffer the site from surrounding uses,
and orients parking areas and trash facilities internally and away from
public rights-of-way. The project proposes garages for each unit, which
will contain individual trash, recycling, and compost receptables,
effectively screening them from view. The project is surrounded by a mix
of land uses and as proposed maintains buffers through use of
landscaping, fencing, and siting of the residential structures from the
property lines and as such is consistent with this General Plan policy.
NEIGHBORHOODS ELEMENT (CANAL DISTRICT)
Policy NH-3.12: Canal Housing Needs. Recognize the urgent need for
more affordable housing, greater housing stability, and effective anti-
displacement measures in the Canal neighborhood. Support the
acquisition, rehabilitation, and conversion of existing market-rate housing
to affordable housing, as well as the development of new affordable
housing projects on underutilized sites within the community. New
housing should be designed and constructed to respond to anticipated
Consistent
The project proposes construction of new affordable units on an
underutilized site in the Canal neighborhood. The site is currently
developed with an approximately 38,400-square-foot bowling alley,
known as Country Club Bowl, which is no longer operational and will be
demolished as part of the project. The project will provide 10% of the
residential units (6 units) as below market rate affordable to low-income
EXHIBIT 5
ANALYSIS OF PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2040
4-2
sea level rise and other environmental hazards. households. Though the project is located within Special Flood Hazard
Area Zone AE with a base flood elevation of 10 feet, all habitable space
is elevated above the ground floor and the project is conditioned to
comply with applicable regulations for development within the 100 year
floodplain. As proposed and conditioned, the project is consistent with
this General Plan policy.
Policy NH-3.20: Neighborhood Appearance. Improve the physical
appearance of the Canal neighborhood, including the addition of
greenery and green space, street trees and landscaping, maintenance
of buildings and property, enforcement of illegal dumping regulations,
abatement of code violations, and more regular street cleaning.
Consistent
The site is currently developed with a bowling alley, and large surface
parking lot. The project would redevelop the site with 14 three-story
buildings, containing a total 70 residential units. The project would
improve the physical appearance of the site by de-emphasizing parking
areas and introducing landscaping along the Vivian and Belvedere public
rights-of-way. As such, the project is consistent with this General Plan
policy.
COMMUNITY DESIGN AND PRESERVATION ELEMENT
Policy CDP-4.1: Design Guidelines and Standards. Use design
guidelines and standards to strengthen the visual and functional qualities
of San Rafael’s neighborhoods, districts, and centers. Guidelines and
standards should ensure that new construction, additions, and alterations
are compatible with the surrounding neighborhoods while still allowing for
innovative, affordable design.
Consistent
The project is generally consistent with the City’s Design Guidelines for Residential Development for the reasons discussed in the December 7, 2021, Design Review Board and May 10, 2022 Planning Commission Staff Reports. As such, the project is consistent with this General Plan policy.
Policy CDP-4.3: Creative Architecture and Design. Encourage
creative architecture while respecting the context of each site.
Consistent
The site’s context has driven the proposed architectural design, in that, buildings have been designed to reach a maximum of 30-feet, as defined under the fire code, to eliminate the need for aerial apparatus fire access, which if required, would reduce the site’s residential development potential. In addition, due to the site’s location within the 100-year floodplain, the project has been designed to elevate habitable space above the base flood elevation to ensure protection of future residents during a 100-year flood event. The site’s design de-emphasizes the automobile by orienting internal parking and circulation areas inward, and residential entrances, and private outdoor areas toward the street, creating an active pedestrian environment. As such, the architectural and site design are reflective of the site context, consistent with this General Plan policy.
Policy CDP-4.5: Higher Density Design. Encourage high-quality
architecture and landscape design in new higher-density housing and
Consistent
The multifamily project provides several high-quality landscape features
EXHIBIT 5
ANALYSIS OF PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2040
4-3
mixed-use projects. Such projects should be designed to be compatible
with nearby buildings and respect the character-defining features of the
surrounding neighborhood or district.
including enhanced paving and a vine trellis at the project entries, a tot-lot with rubberized play surface, BBQ’s, and lawn areas for small gatherings. The project features a contemporary architectural style with concrete tile roofs, lap siding, vinyl windows, metal deck railings, and metal roll-up garage doors. CMU walls throughout the site include a high-quality stucco finish to match the exterior building facades. The vine trellis along with the natural colors reflect the character-defining features of adjacent residential properties and as such the project is consistent with this General Plan policy.
Policy CDP-4.6: Open Space in Multi-Family Housing. Require private
outdoor areas such as decks and patios, as well as common open space
areas, in new multi-family development and mixed use housing. Common
open space may include recreation facilities, gathering places, and site
amenities such as picnic and play areas.
Consistent
Second-story decks are provided as private open space for all two- and three-bedroom units. The proposed project includes 9,021 sq. ft. of common amenity spaces including a children’s play structure, shade structure with BBQ’s, reading nook, ride share waiting area, and lawn activity area and as such the project is consistent with this General Plan policy.
Policy CDP-4.7: Larger-Scale Buildings. Design larger scale buildings
to reduce their perceived mass. Encourage the incorporation of
architectural elements such as towers, arcades, courtyards, and awnings
to create visual interest, provide protection from the elements, and
enhance orientation.
Consistent
Overall, the project has been designed to break up the massing of residential structures and appears to be compatible with surrounding development. The architectural design of the proposed buildings is fairly minimal, with greater articulation of buildings along Vivian Street and Belvedere Street. Buildings feature gable roof forms, with smaller articulating gables and projecting building facades which serve to break up the overall massing. Adjacent structures are smaller in scale than the proposed project, however, the shading study prepared for the project indicates shading of adjacent structures would be minimal. In addition, the project will provide a six-foot wall and landscaping along the eastern property line, which will provide screening to reduce the impact of the proposed project to adjacent developments. As such, the project design is consistent with General Plan Policies CDP-4.7 and CDP-4.8.
Policy CDP-4.8: Scale Transitions. Require sensitive scale and height
transitions between larger and smaller structures. In areas where taller
buildings are allowed, they should be designed to minimize shadows, loss
of privacy, and dramatic contrasts with adjacent low-scale structures.
Exceptions may be made where taller buildings are also permitted on the
adjoining site.
Policy CDP-4.9: Parking and Driveways. Encourage parking and
circulation design that supports pedestrian movement and ensures the
safety of all travelers, including locating parking to the side or rear of
buildings, limiting driveway cuts and widths, and minimizing large
expanses of pavement. Parking should be screened from the street by
landscaping and should provide easy access to building entrances.
Consistent
The site’s design de-emphasizes the automobile by orienting internal parking and circulation areas inward, and residential entrances, and private outdoor areas toward the street, creating an active pedestrian environment. Driveways are limited to one 26-foot-wide curb cut along each adjacent public street, Vivian Street and Belvedere Street. Parking is provided in private garages located at the rear or side of each building, away from public view. Perimeter landscaping, including street trees, is provided throughout the site along public streets as well as the internal driveway. Therefore, the project is consistent with this General Plan
EXHIBIT 5
ANALYSIS OF PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2040
4-4
policy.
Policy CDP-4.11: Encourage lighting for safety and security while
preventing excessive light spillover and glare. Lighting should
complement building and landscape design.
Consistent
In general, proposed lighting is consistent with the City’s regulations which specify that lighting shall be shielded to conceal light sources from view off-site, avoid spillover onto adjacent properties, and shall be of minimum intensity to provide a sense of security. Section 14.16.227 of the SRMC specifies that the foot-candle intensity should fall below one at the property lines. Though lighting along the Vivian Street frontage will exceed the lighting intensity identified in the SRMC, this portion of the project is along a public right-of-way with commercial and retail uses across the street. As such, though the lighting intensity exceeds one foot-candle along the property line, the intensity will not result in impacts to sensitive uses. Furthermore, proposed lighting is complementary to the building and landscape design and will provide a sense of security for residences with frontage along Vivian Street. In addition, standard condition of approval 7 of Exhibit 1 provides for a 90-day post installation inspection to allow for adjustment and assure compliance with the standards set forth in the SRMC. As such, the project is consistent with this General Plan policy.
CONSERVATION AND CLIMATE CHANGE ELEMENT
Policy C-2.1: State and Federal Air Quality Standards. Continue to
comply with state and federal air quality standards.
Consistent
As demonstrated in the Air Quality and GHG Impact Study, prepared by RK Engineering Group, Inc. dated April 5, 2021 (Exhibit 4), the project is well below the Bay Area Air Quality Management District’s (BAAQMD) established screening criteria for air quality emissions. However, due to the project’s siting near freeways further analysis was prepared and recommendations related to buffering, landscaping, filters, HVAC measures, and similar recommendations have been incorporated as conditions of approval. Therefore, the project is consistent with this General Plan policy.
Policy C-2.2: Land Use Compatibility and Building Standards.
Consider air quality conditions and the potential for adverse health
impacts when making land use and development decisions. Buffering,
landscaping, setback standards, filters, insulation and sealing, home
HVAC measures, and similar measures should be used to minimize
future health hazards.
Policy C-3.3: Low Impact Development. Encourage construction and
design methods that retain stormwater on-site and reduce runoff to storm
drains and creeks.
Consistent
The applicant has provided a Preliminary Stormwater Control Plan, prepared by C&V Consulting, Inc. revised January 2022 (Exhibit 4), which discusses low impact development design strategies. The street widths, sidewalks, and driveways proposed are the minimum allowed by engineering and fire requirements to minimize impervious surfaces. In addition, bio-treatment planters are provided for roof drainage of buildings adjacent to the street. As such, the project is consistent with this General Plan policy.
EXHIBIT 5
ANALYSIS OF PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2040
4-5
Policy C-3.9: Water-Efficient Landscaping. Encourage—and where
appropriate require—the use of vegetation and water-efficient
landscaping that is naturalized to the San Francisco Bay region and
compatible with water conservation, fire prevention and climate resilience
goals.
Consistent
The project is conditioned to provide written verification of plan approval from Marin Municipal Water District (MMWD) prior to the issuance of a building permit and/or grading permit. MMWD administers the provisions of 14.16.370 to comply with water-efficient landscape requirements and to monitor water usage for irrigation, as mandated under California Government Code Section 65595(c). As conditioned, the project is consistent with this General Plan policy.
SAFETY AND RESILIENCE ELEMENT
Policy S-1.2: Location of Future Development. Permit development
only in those areas where potential danger to the health, safety, and
welfare of the community can be adequately mitigated. Land uses and
densities should take environmental hazards such as earthquakes,
flooding, slope stability, sea level rise, and wildfires into consideration.
Consistent
The applicant has provided a Geotechnical Investigation, prepared by Geocon Consultants, dated January 22, 2021, included as Exhibit 4, which effects of seismic events. The project is located within Special Flood Hazard Area Zone AE with a base flood elevation of 10 feet. The ground floor is restricted to parking, access, and limited storage and as conditioned will be required to comply with applicable regulations for properties located within the 100 year floodplain. The geotechnical report considers soil stability, however, due to the relatively flat topography, is not expected to result in soil instability. Lastly, as shown in General Plan Figure 8-4, the site is not located in a Wildland Urban Interface (WUI) area. As conditioned for flood hazards, the project is not located in an area that would pose danger to the health, safety, and welfare of the community and is therefore consistent with this General Plan policy.
Policy S-3.3: Awareness and Disclosure. Maximize awareness and
disclosure by providing information to property owners and the public on
areas subject to increased flooding and sea level rise vulnerability.
As required by condition of approval 15 of Exhibit 1, disclosure of the project site’s location within the 100-year floodplain and its location within an area identified as vulnerable to sea level rise will be required upon sale of individual units, consistent with this General Plan policy.
Policy S-3.5: Minimum Elevations. For properties in vulnerable areas,
ensure that new development, redevelopment, and substantial additions
to existing development meets a minimum required construction
elevation. Minimum elevations and other architectural design strategies
should provide protection from the potential impacts of a 100-year flood
(a flood with a one percent chance of occurring in any given year), the
potential for increased flooding due to sea level rise, and the ultimate
settlement of the site due to consolidation of bay mud from existing and
new loads and other causes.
Consistent
The project is located within Special Flood Hazard Area Zone AE with a base flood elevation of 10 feet. As proposed, the ground floor is limited to parking, access, and limited storage. Furthermore, as conditioned the project will be required to comply with applicable regulations for providing flood-resistant materials. In addition, the Geotechnical Investigation, prepared by Geocon Consultants, dated January 22, 2021, considers previous fill, compaction of the site, and proposed grading and has determined that the project is feasible from a geotechnical standpoint. As conditioned, the project is consistent with this General Plan policy.
EXHIBIT 5
ANALYSIS OF PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2040
4-6
Policy S-3.8: Storm Drainage Improvements. Require new
development to mitigate potential increases in runoff through a
combination of measures, including improvement of local storm drainage
facilities. Other measures, such as the use of porous pavement,
bioswales, and “green infrastructure” should be encouraged.
Consistent
The applicant has provided storm drainage improvements as demonstrated in the Preliminary Stormwater Control Plan, prepared by C&V Consulting, Inc. revised January 2022 (Exhibit 4). The proposed Plan uses a combination of measures to offset increases in runoff. The street widths, sidewalks, and driveways proposed are the minimum allowed by engineering and fire requirements to minimize impervious surfaces. In addition, bio-treatment planters are provided for roof drainage of buildings adjacent to the street. As such, the project is consistent with this General Plan policy.
NOISE ELEMENT
Policy N-1.1: Land Use Compatibility Standards for Noise. Protect
people from excessive noise by applying noise standards in land use
decisions. The Land Use Compatibility standards in Table 9-2 are
adopted by reference as part of this General Plan and shall be applied in
the determination of appropriate land uses in different ambient noise
environments.
Program N-1.1A: Residential Noise Standards. Maintain a maximum
noise standard of 70 Ldn DB for backyards, decks, and common/usable
outdoor spaces in residential and mixed use areas. As required by Title
24 insulation requirements, interior noise levels shall not exceed 45 Ldn
in all habitable rooms in residential units.
Consistent The project site is located in a “conditionally acceptable” noise exposure area per General Plan 2040, Figure I-9. Per Table 9-2, “conditionally acceptable” for Residential-Multiple Family has an exterior ambient noise level of 65-70 dBA. The Noise Impact Study, prepared by RK Engineering Group, Inc., dated April 5, 2021, includes recommendations to prevent any off-site impacts, as well as achieve the minimum interior noise standard of 45 dBA for all residential units. The project will also include CMU block walls which will attenuate noise from existing noise sources and ensure noise levels at habitable backyard areas and common open space areas are at acceptable levels. Through incorporation of recommendations contained in the Noise Study, which are included as conditions of approval, the project will be consistent with General Plan policies N-1.1 and N-1.2. Policy N-1.2: Maintaining Acceptable Noise Levels. Use the following
performance standards to maintain an acceptable noise environment in
San Rafael:
a. New development shall not increase noise levels by more than 3 dB
Ldn in a residential area, or by more than 5 dB Ldn in a non-
residential area.
b. New development shall not cause noise levels to increase above the
“normally acceptable” levels shown in Table 9-2.
c. For larger projects, the noise levels in (a) and (b) should include any
noise that would be generated by additional traffic associated with
the new development.
d. Projects that exceed the thresholds above may be permitted if an
acoustical study determines that there are mitigating circumstances
(such as higher existing noise levels) and nearby uses will not be
adversely affected.
EXHIBIT 5
ANALYSIS OF PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2040
4-7
Program N-1.2A: Acoustical Study Requirements. Require acoustical
studies for new single family residential projects within the projected 60
dB Ldn noise contour and for multi-family or mixed use projects within the
projected 65 dB Ldn contour (see Figure 9-2). The studies should include
projected noise from additional traffic, noise associated with the project
itself, and cumulative noise resulting from other approved projects.
Mitigation measures should be identified to ensure that noise levels
remain at acceptable levels.
MOBILITY ELEMENT
Policy M-2.5: Traffic Level of Service. Maintain traffic Level of Service
(LOS) standards that ensure an efficient roadway network and provide a
consistent basis for evaluating the transportation effects of proposed
development projects on local roadways. These standards shall generally
be based on the performance of signalized intersections during the AM
and PM peak hours. Arterial LOS standards may be used in lieu of (or in
addition to) intersection LOS standards in cases where intersection
spacing and road design characteristics make arterial LOS a more
reliable and effective tool for predicting future impacts.
Consistent
As evidenced by the Trip Generation and VMT Analysis, prepared by RK Engineering Group, Inc. dated February 3, 2021, the proposed use will result in 78 net additional daily trips including one net additional AM peak hour trip and five net fewer PM peak hour trips. Therefore, a full traffic study and level of service analysis is not required. The proposed project will add one trip to the surrounding roadway system during the AM Peak hour which represents a nominal change to the existing traffic operations. As such, the project is consistent with this General Plan policy.
Policy M-2.6: Traffic Mitigation Fees. Collect impact fees for new
development based on the expected number of trips a project will
generate. Fees should be used to implement transportation
improvements as directed by City Council resolution.
Consistent
As a standard condition of approval, the project is required to pay a traffic impact fee according to the fee at the time of building permit issuance. Fees are based on the expected number of peak trips generated. As conditioned, the project is consistent with this General Plan policy.
Policy M-3.2: Using VMT in Environmental Review. Require an
analysis of projected Vehicle Miles Traveled (VMT) as part of the
environmental review process for projects with the potential to
significantly increase VMT. As appropriate, this shall include
transportation projects and land use/policy plans as well as proposed
development projects.
Consistent
As evidenced by the Trip Generation and VMT Analysis, prepared by RK Engineering Group, Inc. dated February 3, 2021, the proposed use will result in 78 net additional daily trips including one net additional AM peak hour trip and five net fewer PM peak hour trips. Pursuant to the City’s adopted VMT Guidelines, the project screens out from the need for a quantitative VMT analysis as it will result in 78 net new trips, which is less than the 110 trip threshold identified in the Guidelines. As such, a VMT analysis is not required and the project is consistent with this General Plan policy.
EXHIBIT 6
ANALYSIS OF PROJECT CONSISTENCY WITH TITLE 14 – ZONING
5-1
CHAPTER 14.05 - COMMERCIAL AND OFFICE DISTRICTS
14.05.020 - Land use regulations (GC, NC, O,
C/O, R/O, FBWC)
Consistent
Multi-family residential uses are permitted with approval of an administrative use permit,
subject to the requirements of Section 14.17.100 - Residential uses in commercial districts.
14.05.030 - Property development standards
(GC, NC, O, C/O, R/O, FBWC).
Consistent
See Table 2 of Planning Commission Staff Report. Note that the project has requested a
waiver pursuant to State Density Bonus law to increase the height of the residential structures
from 30 feet to 34-feet 6-inches (Buildings 100, 400, 500, and 600) and 35-feet 6-inches
(Buildings 200 and 300).
CHAPTER 14.16 - SITE AND USE REGULATIONS
14.16.025 - Refuse enclosure requirement. Consistent
The project proposes individual garages for each unit, which screen trash, recycling, and
compost receptables from view. Consistent with design review requirement 14.25.050.E.6, the
refuse containers will be screened and located in a convenient location for both users and
service providers. The applicant has obtained a will-serve letter from Marin Sanitary Service.
14.16.030 - Affordable housing requirement. Pursuant to Resolutions 14890 and 14891, adopted by City Council in February 2021, the
project is consistent with the City’s primary and secondary inclusionary housing requirements
which state that housing projects of greater than 15 units must provide 5% of the proposed
units (excluding density bonus units) affordable to and occupied by a low-income household
(primary requirement) and an additional 5% also affordable to and occupied by low-income
households (secondary requirement).
14.16.140 - Fences and walls. Consistent
6-foot-high stucco walls are proposed along the south and east property lines to provide a
buffer between the proposed residential units and adjacent commercial uses. Walls are also
provided adjacent to the open space area adjacent to Belvedere Street as well as between
residential buildings to screen view of side open space from Vivian Street. The proposed wall
includes a 6.5-foot decorative pilaster and meet the required 15-foot vision triangle required
per 14.16.295.
EXHIBIT 6
ANALYSIS OF PROJECT CONSISTENCY WITH TITLE 14 – ZONING
5-2
14.16.170 - Geotechnical review. Consistent
The applicant has provided a Geotechnical Investigation, prepared by Geocon Consultants,
dated January 22, 2021, included as Exhibit 4. The report concluded that the project is feasible
from a geotechnical standpoint and provided recommendations, which are required to be
incorporated pursuant to condition of approval 4 of Exhibit 1.
14.16.180 - Hazardous soils conditions. Consistent
New development on a lot filled prior to 1974 is proposed. A Phase I and II Environmental
Assessment, prepared by Stantec Consulting Services, Inc., dated February 22, 2021,
included as Exhibit 4, is provided consistent with 14.16.180.
14.16.227 - Light and glare. Consistent
Neutral-colored stucco finishes are proposed, which will avoid off-site glare impacts. As shown
on the Schematic Lighting & Photometric Plans, Sheet L-5, included in Exhibit 3, light fixtures
will be shielded to conceal light sources from view off-site and avoid spillover onto adjacent
properties. Additionally, proposed fences/walls will further shield light from view off-site,
14.16.243 - Mechanical equipment screening. Consistent
As shown on the Composite Floor Plans / Roof Plan, Sheets A1.9-A1.22, proposed roof-
mounted mechanical equipment is adequately screened from public view by parapet walls.
14.16.260 - Noise standards. Consistent
The project site is located in a “conditionally acceptable” noise exposure area per General
Plan 2040, Figure I-9. The application has provided a Noise Impact Study, prepared by RK
Engineering Group, Inc., dated April 5, 2021, which includes noise mitigation measures to
prevent any off-site impact, as well as achieve the minimum interior noise standard of 45 dBA
CNEL for all residential units.
14.16.295 - Sight distance. Consistent
As conditioned, the project will be required to provide alternative plantings at the Vivian Street
and Belvedere Street entrances. Through compliance with condition of approval 5 of Exhibit
1, the project will be consistent with this requirement.
14.16.320 - Swimming pools, hot tubs, and
other mechanical equipment.
Consistent
As proposed and conditioned, all mechanical equipment will be located a minimum of five feet
from the property lines, consistent with this requirement.
14.16.370 - Water-efficient landscape Consistent
Pursuant to 14.16.370, condition of approval 8 of Exhibit 1 requires the applicant to provide
written verification of plan approval from MMWD prior to the issuance of a building permit
and/or grading permit. Through compliance with conditions, the project will be consistent with
this water-efficient landscaping requirements.
EXHIBIT 6
ANALYSIS OF PROJECT CONSISTENCY WITH TITLE 14 – ZONING
5-3
CHAPTER 14.17 – PERFORMANCE STANDARDS
14.17.100 - Residential uses in commercial
districts.(C) Standards
1. Location. In the 4SRC and WEV districts,
residential units may be located above the
ground floor, and on rear portions of the
ground. Location of residential units in the
2/3 MUE and MUW, GC, FBWC, HO, C/O,
CSMU, M and NC districts shall be
determined through project review.
Consistent
The project site is located in the NC zoning district. Residential units are proposed subject to
review by the Design Review Board and Planning Commission pursuant to Section 14.25.070.
2. Access. Residential units shall have a
separate and secured entrance and exit.
Consistent
Secured and separate entry doors are provided for residential units. Wall-mounted light
fixtures are proposed adjacent to each entry door.
3. Parking. Residential parking shall comply
with Chapter 14.18, Parking Standards, of
this title.
Consistent
Per subdivision (p) of Section 65915 of the California Government Code, projects requesting
density bonus are subject to the following parking ratios: 0-1 bedroom = 1 parking space; 2-3
bedrooms = 1.5 parking spaces; 4+ bedrooms = 2.5 parking spaces. The project proposes 4
one-bedroom units, 34 two-bedroom, and 32 three-bedroom units and would therefore require
a minimum of 103 parking spaces. As proposed, one-bedroom units include one car garages
and two- and three-bedroom units include two-car garages for a total of 136 parking spaces.
The project provides exceeds the minimum required parking pursuant to state law which
supersedes the city’s local requirements and is therefore consistent with the applicable parking
requirements.
4. Noise. Residential units shall meet the
residential noise standards in Section
14.16.260, Noise standards, of this title.
Consistent
The project site is located in a “conditionally acceptable” noise exposure area per General
Plan 2040, Figure I-9. A Noise Impact Study, prepared by RK Engineering Group, Inc., dated
April 5, 2021, includes recommendations to reduce noise during construction and at
operations. Recommendations have been incorporated as conditions of approval and as such,
the project is consistent with this requirement.
5. Lighting. All exterior lighting shall be
sufficient to establish a sense of well-being
to the pedestrian and one that is sufficient
to facilitate recognition of persons at a
reasonable distance. Type and placement
Consistent
Wall-mounted light fixtures are proposed adjacent to each entry and garage door for secure
access. As shown on the Schematic Lighting & Photometrics Plan, Sheet L-5 included in
Exhibit 3, pedestrian walkways and vehicle maneuvering areas and exterior doorways exceed
EXHIBIT 6
ANALYSIS OF PROJECT CONSISTENCY WITH TITLE 14 – ZONING
5-4
of lighting shall be to the satisfaction of the
police department. The minimum of one
foot-candle at ground level shall be
provided in all exterior doorways and
vehicle parking areas.
the minimum one foot-candle standard, however, proposed walls and fences will shield light
from adjacent uses and as such is consistent with this requirement.
6. Refuse Storage and Location. An
adequate refuse storage area shall be
provided for the residential use.
Consistent
The project proposes garages for each unit, which will screen trash, recycling, and compost
receptables from view consistent with this requirement.
7. Location of new residential units shall
consider existing surrounding uses in
order to minimize impacts from existing
uses.
Consistent
The proposed project includes 9,021 sq. ft. of common amenity spaces, including a large open
space area along Belvedere Street, which provides a buffer to adjacent residential uses to the
north. The project also increases the setback between properties to the east as compared to
the existing Country Club Bowl. Perimeter landscaping is provided throughout the site.
Therefore, the location of the new residential units considers existing surrounding uses to
minimize impacts, consistent with this requirement.
CHAPTER 14.18 – PARKING STANDARDS
14.18.040 - Parking requirements. Consistent
Per subdivision (p) of Section 65915 of the California Government Code, projects requesting
density bonus are subject to the following parking ratios: 0-1 bedroom = 1 parking space; 2-3
bedrooms = 1.5 parking spaces; 4+ bedrooms = 2.5 parking spaces. As decibed above, the
project requires 103 parking spaces and proposes 136 parking spaces. Therefore, the project
is consistent with parking requirements set forth by state law.
14.18.090 - Bicycle parking. Multi-family residential uses are required to provide 5% of the requirement for automobile
parking spaces, with a minimum of one two-bike capacity rack. As such, the project would be
required to provide five bicycle parking spaces. The project proposes to provide 8 bicycle
parking spaces, consistent with this requirement.
14.18.100 - Parking space dimensions. Consistent
The project proposes covered parking in individual garages. Therefore, the requirements of
14.18.180 apply, which states that parking space dimensions shall be 10 feet by 20 feet for
single-car garages and 20 feet by 20 feet for two-car garages. As proposed, the project
complies with the minimum dimensional requirements for garages.
14.18.140 - Access to public right-of-way. Consistent
EXHIBIT 6
ANALYSIS OF PROJECT CONSISTENCY WITH TITLE 14 – ZONING
5-5
The minimum width for two-way driveways serving more than 25 residential parking spaces is
24 feet. The project proposes two 26-foot wide driveways for access to public rights-of-way.
14.18.180 - Residential districts—Garage and
carport standards.
Consistent
The minimum interior dimensions are 10 feet by 20 feet for single-car garages and 20 feet by
20 feet for double-car garages. The project proposes 11-foot by 22-foot single-car garages
and 20-foot by 20-foot double-car garages.
CHAPTER 14.22 – USE PERMITS
14.22.080 - Findings
A. The proposed use is in accord with the
general plan, the objectives of the zoning
ordinance, and the purposes of the district
in which the site is located;
Consistent
The site is designated as Neighborhood Commercial on the General Plan 2040 Land Use Map
which conditionally allows residential uses. In addition, the project is consistent with the
General Plan and specifically with key General Plan Policies as identified in the General Plan
Consistency Table, Exhibit 5. As demonstrated in this table, the project is consistent with the
zoning ordinance, and subject to residential uses in commercial district standards of
14.17.100.
B. The proposed use, together with the
conditions applicable thereto, will not be
detrimental to the public health, safety or
welfare, or materially injurious to
properties or improvements in the vicinity,
or to the general welfare of the city;
Consistent
The project has been reviewed by appropriate city departments, including the Building
Division, Fire Department, Department of Public Works, and Marin Sanitary Service. As
conditioned, the project will require application of a building permit that complies with all
applicable Building and Fire Code requirements prior to construction. In addition, the applicant
will be required to comply with conditions of approval imposed by the Department of Public
Works and Marin Sanitary Service as contained herein. Throug h compliance with standard
conditions of approval and building and fire codes, the project 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
C. The proposed use complies with each of
the applicable provisions of the zoning
ordinance.
Consistent
The project, as proposed and conditioned, complies with the Chapter 14 (Zoning) of the San
Rafael Municipal Code (SRMC).
CHAPTER 14.25 – ENVIRONMENTAL AND DESIGN REVIEW PERMITS
14.25.090 - Findings
A. The project design is in accord with the
general plan, the objectives of the zoning
Consistent
EXHIBIT 6
ANALYSIS OF PROJECT CONSISTENCY WITH TITLE 14 – ZONING
5-6
ordinance and the purposes of this
chapter;
The site is designated as Neighborhood Commercial on the General Plan 2040 Land Use Map
which conditionally allows for residential uses. In addition, the project is consistent with the
General Plan and specifically with design-related policies of the Neighborhoods Element and
Community Design and Preservation Element as identified in the General Plan Consistency
Table, Exhibit 5.
B. The project design is consistent with all
applicable site, architecture and
landscaping design criteria and guidelines
for the district in which the site is located;
Consistent
The Design Review Board evaluated the design of the project on December 7, 2021, and on
March 22, 2022. Following revisions to address the Board’s comments related to tenant
amenities, usable open space, and landscaping, the Design Review Board found the project
was appropriate in design and recommended approval of the project design to the Planning
Commission, subject to conditions of approval.
C. The project design minimizes adverse
environmental impacts; and
Consistent
Staff conducted a “preliminary review” of the project application, plans and supportive studies
and reports and determined that the application is defined as a “project” under CEQA, pursuant
to CEQA Guidelines Section 15060. A project is exempt from CEQA if it qualifies for a
Categorical Exemption under Article 19, Section 15300. Given the project location, scope and
use, staff recommends that the project qualifies for an exemption under CEQA Guidelines
Section 15332. Section 15332 exempts “infill development projects” that meet the following
conditions:
a. The project is consistent with the applicable general plan designation and all applicable
general plan policies as well as with applicable zoning designation 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 relating to traffic,
noise, air quality, or water quality.
e. The site can be adequately served by all required utilities and public services.
D. The project design will not be detrimental
to the public health, safety or welfare, nor
materially injurious to properties or
improvements in the vicinity.
Consistent
The project has been reviewed by the appropriate agencies and conditions of approval have
been incorporated to ensure the project will not be detrimental to the public health, safety, or
welfare, nor materially injurious to properties or improvements in the project vicinity.
EXHIBIT 7
ANALYSIS OF PROJECT CONSISTENCY WITH TITLE 15 - SUBDIVISIONS
6-1
CHAPTER 15.02 – MAJOR SUBDIVISIONS
(1) The proposed map including the design or
improvement of the proposed subdivision is consistent
with the San Rafael general plan and any applicable,
adopted specific plan or neighborhood plan.
Conforms
The proposed map is consistent with the San Rafael General Plan as noted the
staff report to the Planning Commission. There is no adopted specific plan or
neighborhood plan for the project area.
(2) The property subject to subdivision is physically
suitable for the type, density and intensity of development
that is proposed.
Conforms
The applicant is requesting a use permit to allow a multifamily development in the
NC zone. As demonstrated in Table 2 of the staff report to the Planning
Commission, the property is physically suitable for the intensity of development
that is proposed. In addition, the project site is physically suitable in that:
a) As conditioned, adequate water, sewer and other utility services systems are
available to serve the proposed site. Each of the agencies have reviewed the
uses and improvements of the project and indicated that there is adequate
capacity for the development.
b) The applicant is providing 21,444 sq. ft., or 20.4%, of landscape area through a
combination of plantings and common amenity spaces, which exceeds the 10%
minimum landscape area requirement.
c) The project is consistent with the base residential intensity requirements on the
project site and is seeking a 20% density bonus under the State Density Bonus,
allowing an increase in the maximum residential density to 70 units. The project
will also provide 6 units affordable to low-income households thereby qualifying
for a State density bonus of 12 additional units.
d) The project proposes to construct 70 condominium units and will utilize waivers
permitted by state density bonus to exceed the 30-foot maximum height.
(3) The design of the subdivision or the proposed
improvements is not likely to cause substantial
environmental damage or substantially and avoidably
injure fish or wildlife or their habitat.
Conforms
The design of the subdivision and the proposed improvements are not likely to
cause substantial environmental damage or substantially and avoidably injure fish
or wildlife or their habitat in that the subject property: a) is currently a graded and
developed site and no known environmental resources are found on this site or
immediately surrounding the site; b) is located in a developed corridor between
EXHIBIT 7
ANALYSIS OF PROJECT CONSISTENCY WITH TITLE 15 - SUBDIVISIONS
6-2
Vivian and Louise Streets and is surrounded by graded and developed properties;
and c) neither contains, nor is contiguous to existing wetlands or creeks.
(4) The design of the subdivision or the type of proposed
improvements is not likely to cause serious health
problems.
Conforms
The design of the subdivision or the type of proposed improvements is not likely to
cause serious health problems in that the proposed project would not have a
significant impact on the environment. The project is categorically exempt from the
provisions of CEQA under CEQA Section 15332 (In-Fill Projects) because: a) the
project is consistent with the General Plan and Zoning Ordinance designation for
the site which allows residential uses at the proposed density (with the State
Density Bonus); 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 entire
site has been formerly graded and developed and there are no known endangered,
rare or threatened species on the site or in the immediate surroundings; d) approval
of the project would not result in any significant effects relating to traffic, noise, air
quality, or water quality; e) the site can be adequately served by all required utilities
and public services.
(5) The design of the subdivision or the type of proposed
improvements will not conflict with easements, acquired
by the public at large, for access through or use of,
property within the proposed subdivision. In this
connection, the city may approve the map if it is
determined that alternative easements, for access or for
use, will be provided, and that these will be substantially
equivalent to ones previously acquired or secured for
public use.
Conforms
There were no easements identified on the property.
CHAPTER 15.12 – CONDOMINIUMS
15.12.030 Subdivision map.
All condominiums of two (2) or more units shall be subject
to planning commission approval of a tentative map filed
in accordance with this title.
Conforms
The applicant has submitted for Tentative map approval for 70 condominium units
on the site. The development proposal has received Board recommendation for
design review approval and the Commission is now reviewing the proposed
Tentative Map for the proposed subdivision.
EXHIBIT 7
ANALYSIS OF PROJECT CONSISTENCY WITH TITLE 15 - SUBDIVISIONS
6-3
15.12.040 Compliance with Title 14 (Zoning)
All condominiums shall comply with the provisions of Title
14, Zoning, for the zoning district in which the
condominium is located. In the event that development
standards stated in Title 14 conflict with the development
standards stated in this chapter, the more restrictive
standard shall apply.
Conforms
As discussed in the Planning Commission staff report, the project complies with
Title 14 (Zoning) except where State Density Bonus allows for waivers. As
provided in subdivision (e) of Section 65915 of the California Government Code,
projects requesting density bonus may request a waiver or reduction of
development standards, including height limitations. As such, increased height
beyond the 30-foot maximum for residential only developments in the NC zone is
permitted. The Board has reviewed the proposed design and recommended project
approval with conditions. Separate findings have been drafted and included in the
Resolution attached with the staff report.
15.12.050 Property owners’ association
a) For all condominiums, a property owners’ association
shall be established by recordation of the following:
(1) Articles of incorporation of the association;
(2) Declaration of covenants, conditions and restrictions
(CC & Rs);
(3) Bylaws of the association.
Conforms (with State Density Bonus Waive)r
As conditioned, this project would comply with Section 15.12.050 in that the project
would establish a property owners’ association for the management of the common
area proposed within the development and the establishment of declaration of
covenants, conditions and restrictions (CC&R’s), and bylaws of the association.
The CC&R’s will be required to include language for maintenance, access, utilities,
shared costs and proposed use within the condominiums. CC&R’s would have to
be submitted and reviewed to the satisfaction of the City Attorney’s office prior to
recordation of the Final Map.
15.12.060 Recreational facilities, residential
condominiums
All residential condominium developments shall be
designed to include the following recreational facilities:
(a) Community center or recreational center buildings
shall be provided within the development.
(b) Bicycle and pedestrian paths shall be provided
through the open, common areas of the development.
(c) Common areas for outdoor, active and passive
recreation shall be provided in central locations
throughout the development.
For small residential condominium developments, these
recreational facility requirements may be reduced or
waived based on development size, location and physical
Conforms (with State Density Bonus Waiver)
The project applicant is seeking a waiver for the community center/recreational
facility requirement to accommodate the density bonus units. This waiver is
permissible through Government Code Section 65915(e).
Overall, the project is proposing 9,021 sq. ft. of common amenity spaces distributed
throughout the site. Bicycle and pedestrian paths are included along the internal
circulation system and through the common areas. A tot-lot with rubberized play
surface, children’s play structure, BBQ’s, and lawn areas are provided for both
active and passive recreation.
EXHIBIT 7
ANALYSIS OF PROJECT CONSISTENCY WITH TITLE 15 - SUBDIVISIONS
6-4
property conditions. Should a waiver from these
requirements be requested by the subdivider, an
exception to the provisions of this title shall be filed and
processed consistent with Section 15.01.120 of this title.
15.12.070 Noise attenuation, residential
condominiums.
All condominiums shall meet the sound transmission
control requirements of the Uniform Building Code.
Conforms
Compliance with this section will be required through the building permit process.
2/23/22 , 2:23 PM Mail -Krystle Rizzi -Outlook
Re: 88 Vivian Street
Krystle Rizzi < Krystle. Rizzi@cityofsanrafael.org >
Tue 2/1/2022 1:50 PM
To : Barry
Hi Barry,
No problem at all, the planning process is very involved and not always clear how it works, so I am
happy to provide some clarification where I can.
The project revisions are still in review with the City. By state law, we have 30 days to review a project
for completeness, which means that all necessary information has been submitted and is in substantial
compliance with City regulations . This includes planning regulations as well as building code, fire code,
and public works requirements. This is typically why larger scale projects such as this one can take a
while to get through the process as they have many requirements to consider and incorporate into the
overall design. That being said, the City will be sending a status update to the applicant no later than
February 17th (about 2 weeks from now). Assuming the application is complete and we don't need any
additional revisions, we will be looking to schedule the ORB hearing sometime in the coming months.
The issues that caused the project to submit revisions were primarily related to meeting building, fire,
and public works requirements such as placement of driveways to ensure safe vehicular circulation and
proper fire access requirements, among others. In addition, the City's ORB wanted to see more
landscaping and tenant amenities to break up the expanses of pavement and building walls and soften
the interior portion of the site.
In terms of affordability of the proposed units, the applicant will provide 6 units onsite affordable to low
income households, which aligns with the City's recently updated inclusionary housing requirements.
In terms of traffic, it is standard to document changes in traffic at a particular location by taking the net
increase or decrease of the old use compared to the new use. For example, the traffic study prepared
for the project notes that the bowling alley generates 434 trips per day whereas the multi-family
housing use will generate 512 trips per day. The trips generated from the old use are credited toward
the proposed use and its noted that the new use would generate an additional 78 trips per day. We also
take a look at the number of trips occurring during the a.m. and p.m. peak periods as roadways tend to
be more congested during those times resulting from school and work commutes. In general we are
trying to determine what the change on local roadways will be (e.g. more cars, less cars, etc).
Happy to answer any other questions, and I will be sure to update the website once we have a ORB date
selected.
Best,
Krystle Rizzi
CITY OF SAN RAFAEL
CONSULTING PLANNER
1400 5th Ave, San Rafael CA 94901
krystle.rizzi@cityofsanrafael.org
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2/23/22 , 2:23 PM
~SANRAFAE
~-~ THE CITY W IT H A MISS ION
From: Barry
Sent: Tuesday, February 1, 2022 12:23 PM
To: Krystle Rizzi <Krystle.Rizzi@cityofsanrafael.org>
Subject: Re: 88 Vivian Street
Hi Krystle,
Mail -Krystle Rizzi -Outlook
Are there scheduled meetings for this follow up, or dare I ask if I missed it?
This is all totally new to me, and I'm fascinated with the process ....
I don't see another DRB meeting scheduled; do you know when it's scheduled?
Also, what was the issue that required the re-review?
I have some big picture questions like how does this address workforce housing to
the more detailed, how does the traffic review that was conducted compare to a
working bowling alley; seems silly, what am I missing?
Thanks Krystle,
Hope you are staying safe n sane,
Barry
On Wed, Jan 19, 2022 at 11 :55 AM Krystle Rizzi <KcY.stle.Rizzi@cityofsanrafael.org > wrote:
Hi Barry,
Of course, I'm always happy to help!
Email is generally better for me, but if you prefer a phone call I would be happy to set aside some time
to talk on the phone. Once you've had a chance to review just let me know what works best for you!
Krystle Rizzi
CITY OF SAN RAFAEL
CONSULTING PLANNER
1400 5th Ave, San Rafael CA 94901
krystle. rizzi@cityofsa n rafael .org
~1505422146099 _Pasted Image
From: Barry
Sent: Wednesday, January 19, 2022 11:46 AM
To: Krystle Rizzi <Krv.stle.Rizzi@citv.ofsanrafael.org >
Subject: Re : 88 Vivian Street
https ://outlook.office365 .com/mail/sentitems/id/AAQkADFmYWFkZjl5LWNjZTYtNGU2Yy04NGNjLThhOGEwZDQ5OTU3OQAQACrLQTnAJnJDp%2B ... 2/4
2/23/22, 2 :23 PM Mail -Krystle Rizzi -Outlook
Hi Krystle,
Thanks so much for the articulate response.
I will have some questions but let me review the site s'more and improve my
understanding of the permit/approval process. Maybe then I'll have (maybe) some
intelligent questions to ask.
Do you prefer email q/a or a telephone call?
Thanks again,
Barry
On Tue, Jan 18, 2022 at 2 :09 PM Krystle Rizzi <KrY.stle.Rizzi@cityofsanrafael.org.> wrote:
Hi Barry,
I received your message regarding how to stay up to date with the proposed project at 88 Vivian
Street. The best way to get upd ates is via the project website, which ca n be found at the link below.
I am also happy to answer any questions you may have regarding the specific proposal or the City's
process for reviewing the project. The project was reviewed by the Design Review Board in
December, and they requested design revisions. I just received a resubmittal from the ap p licant
today and will be revie wing internally prior to scheduling any additional hearings. Prior to approval,
the project will need to be re-reviewed by t he De sign Review Board as well as the Planning
Comm iss ion, who will ultimately decide whether to approve, conditionally approve, or deny the
project. Again, if you have any questions or comments, please let me know!
Project Website Link: httP-s://www.citv.ofs anrafae l.org/88-vivian/
Best,
Krystle Rizzi
CITY OF SAN RAFAEL
CONSULTING PLANNER
1400 5th Ave, San Rafael CA 94901
krystle.rizzi@cityofsanrafael.org
~SAN RAFAEL ~-~ THE CITYV✓I TH Atv!ISS ION
parry
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2/23/22 , 2:23 PM Mail -Krystle Rizzi -Outlook
Re: Country Club Bowl, 2.41 acres at 88 Vivian Street, San Rafael
Krystle Rizzi < Krystle. Rizzi@cityofsanrafael.org >
Mon 1/24/2022 10 :28 AM
To : Blake Wellen
Hello Blake,
The project is currently in the completeness review process and requires two additional hearings
(Design Review Board and Planning Commission). I do not know when the entitlement hearings will be
scheduled as that depends on the completeness status of the application, which is due mid-February.
The project webpage is updated periodically, including with upcoming hearings if you'd like to stay up-
to-date on the project status: httRs://www.cityofsanrafael.org/88-vivian/. You can also find other project
information at this link
Best,
Krystle Rizzi
CITY OF SAN RAFAEL
CONSULTING PLANNER
1400 5th Ave, San Rafael CA 94901
krystle.rizzi@cityofsanrafael.org
1~ SANRAFAE
~-~) THE CITY\NITH A M ISS ION
From: Blake Wellen
Sent: Friday, January 21, 2022 2:26 PM
To: Krystle Rizzi <Krystle.Rizzi@cityofsanrafael.org>
Subject: Country Club Bowl, 2.41 acres at 88 Vivian Street, San Rafael
Greetings, Ms. Rizzi.
I am writing to inquire when staff expects to have the project entitlements completed for the proposed 70
townhomes?
88 Vivian Street -San Rafael (citxofsanrafael.org)
Kindly,
Blake Wellen
Bella Vista Land Advisors
Real Estate Brokerage & Development
DRE #021 30931
www.bvla.net
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3/28/22 , 7 :56 AM Mail -Krystle Rizzi -Outlook
FW: Vivian st project
Steve Stafford < Steve.Stafford@cityofsa n rafael.org >
Thu 3/24/2022 5:05 PM
To : Krystle Rizzi < Krystle.Rizzi@cityofsanrafael.org >
Hi Krystle,
I found this hidden in the "junk" folder on the Coomunity Development Department mailbox. It concerns
the Vivian St project.
Steve
Steve Stafford I City of San Rafael
Senior Planner
1400 5th Avenue, 3rd floor
San Rafael, CA 94901
(415) 458-5048
As a result of the County Public Health Order to Stay At Home, the City of San Rafael will be offering is
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-----Original Message-----
From : john
Sent: Monday, March 21, 2022 2:09 PM
To : Planning Public Comment < PlanningPublicComment@cityofsanrafael.org >
Subject: Vivian st project
Parking needs to be addressed . Come on down to the canal area at 5:00 PM and look for a parking
space. After driving around for a frustrating half hour head on back to the old drawing board and come
up with a more feasible plan. Seriously folks, what were you thinking?
https ://outlook.office365 .com/mail/inbox/id/AAQkADFmYWFkZjl5LWNjZTYtNGU2Yy04NGNjLThhOGEwZDQ5OTU3OQAQACwYaj0Sv75DvYDVOEP ... 1/2
3/22/22 , 1:18 PM
Country club bowl
Anne Porter <songbird94965@gmail.com>
Tue 3/22/2022 9:30 AM
To : Krystle Rizzi < Krystle.Rizzi@cityofsanrafael.org >
So it's final? Bowling gone?
They're phone still says temp closed for repairs.
Really sorry this is going away.
Mail -Krystle Rizzi -Outlook
We enjoy bowling our whole lives and now my kids love. So sad.
Thank you for listening. Anne Porter
https ://outlook.office365 .com/mail/junkemail/id/AAMkADFmYWFkZjl5LWNjZTYtNGU2Yy04NGNjLThhOGEwZDQ5OTU3OQBGAAAAAABkD1N%2BA ... 1/1
2/23/22 , 2 :21 PM Mail -Krystle Rizzi -Outlook
Re: Developer eyes San Rafael bowling alley site for townhouses
Krystle Rizzi < Krystle. Rizzi@cityofsanrafael.org >
Mon 12/13/2021 10:52 AM
To : Dino Adelfio
Hello Dino,
Neshama Rakofsky
Thank you for reaching out regarding the project. I will be sure that you and others are included in the
notice. If you can please send the best mailing address for all to receive the notice, I can cross-reference
with our records and be sure to add you if not already included.
With regard to the inclusionary units, the City recently adopted changes to its ordinance, and now
requires 10% affordable to low income in order to achieve a 20% density bonus, which is what the
applicant is requesting. This is not yet reflected in the plans as the application remains in an incomplete
status. The project was heard by the Design Review Board last Tuesday, and the applicant was directed
to redesign the site to include more landscaping and tenant amenities. The recording of that meeting is
available at htt1;2s://www.cityofsanrafael.org/meetings/design-review-board-december-7-2021/#/tab-
video if you ae interested in reviewing.
Please feel free to reach out with any other questions.
Regards,
Krystle Rizzi
CITY OF SAN RAFAEL
CONSULTING PLANNER
1400 5th Ave, San Rafael CA 94901
krystle.rizzi@cityofsanrafael.org
1~1 SAN RAFAE
~ THE CITY\NITH A M ISS ION
From: Dino Adelfio
Sent: Sunday, December 12, 2021 8 :18 PM
To: Krystle Rizzi <Krystle.Rizzi@cityofsanrafael.org>; Neshama Rakofsky <neshamar@canalalliance.org>
Subject: Re : Developer eyes San Rafael bowling alley site for townhouses
Hi Krystle,
Can you make sure the Canal Alliance and I receive notice of any upcoming public hearings related to the 88 Vivian
project. Also, can you confirm that the developer has presented a scenario of building just 6 affordable housing units,
as was reported in a recent Marin Journal Article about the project? (link below)
Our impression based on the currently public project docs on the City's website and from the developer submission in
the September (attached) is that 20% of the units, or 14 of the 70 would be deed restricted as BMR.
Thank you kindly for your response,
Neshama of the Canal Alliance is cc'd for reference (and is a good contact for notice of hearings regarding this
project.)
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2/23/22, 2 :21 PM Mail -Krystle Rizzi -Outlook
Dino Adelfio
Partner Built
hllps://www.marinii.com/2021112110/develo~yes-sa n-rafael-bowii ng::.alJ.eY.-site-for-townhouses/
https://outlook.office365.com/maiVsentitems/id/AAQkADFmYWFkZjl 5LWNjZTYINGU2Yy04NGNjLThhOGEwZDQ50TU30QAQABxFFuYy7Cpl v8b l PW... 2/2
2/23/22 , 2 :22 PM Mail -Krystle Rizzi -Outlook
Re: 88 Vivian St.
Krystle Rizzi < Krystle. Rizzi@cityofsanrafael.org >
Tue 1/18/2022 11 :02 AM
To : Ken Frankel
Hi Ken,
Thank you for your email regarding the project. I've been away on vacation and returned today, so
apologies for the delay in response.
At present, the project is proposing 144 parking spaces for the 70 units, though I would like to note that
the applicant is working on revisions based on initial feedback from the Design Review Board and it is
likely that the site plan, and potentially the parking, will change. At this point, there are at least 2 more
public hearings that the project will have to go through, one being a return to the Design Review Board,
and the other being the Planning Commission, who is responsible for approval, conditional approval, or
denial of the project. I am including a link to the project webpage below if you are interested in
reviewing the current materials . Please feel free to reach out to me with any additional comments or
questions for the project.
httgs ://www.city_ofsanrafael .org/88-vivian/
Regards,
Krystle Rizzi
CITY OF SAN RAFAEL
CONSULTING PLANNER
1400 5th Ave, San Rafael CA 94901
krystle.rizzi@cityofsanrafael.org
1~ SANRAFAE
~-~) THE CITY\NITH A M ISS ION
From: Ken Frankel <ken@kenfrankel.com>
Sent: Thursday, December 30, 2021 2:59 PM
To: Krystle Rizzi <Krystle.Rizzi@cityofsanrafael.org>
Subject: 88 Vivian St .
Hello Ms. Rizzi,
I'm probably too late with this email, but I'm trying anyway. I own the
property at -Ito Street. Your project is a 70 unit apartment
building. I assume this project will have much fewer parking spaces
than the residents will actually need, as a nudge to get them to not
have so many cars . All the residents in this area have many cars per
unit, especially because of the large or multiple families occupying the
units. This makes the parking situation in this area miserable for
everyone. When you add 70 more units, you will probably be adding at
https ://outlook.office365 .com/mail/sentitems/id/AAQkADFmYWFkZjl5LWNjZTYtNGU2Yy04NGNjLThhOGEwZDQ5OTU3OQAQAB1%2FK0zWXGplqD ... 1/2
2/23/22, 2:22 PM Mail -Krystle Rizzi -Outlook
least 150 more cars needing parking spaces, and probably adding
something like only 50 or fewer parking spaces, leaving something like
100 extra cars needing a place to park. The nudges aren't working. I
wish you would require people adding residences to add enough parking
for the residents. I realize this doesn't accord with current planning
practices, but this is the real world, and what is really needed in the
canal neighborhood.
Ken Frankel
Kenneth Frankel, PhD
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