HomeMy WebLinkAboutPlanning Commission 2022-09-13 Agenda Packet
Planning Commission
Regular Meeting
Tuesday, September 13, 2022, 7:00 P.M.
AGENDA
In-Person:
San Rafael City Council Chambers
1400 Fifth Avenue, San Rafael, CA 94901
Participate Virtually:
Watch on Webinar: https://tinyurl.com/pc-2022-09-13
Watch on YouTube: http://www.youtube.com/cityofsanrafael
Telephone: 1 (669) 444-9171
Meeting ID: 897 4566 6511#
One Tap Mobile: US: +16694449171,,89745666511#
CORONAVIRUS (COVID-19) ADVISORY NOTICE
In response to Assembly Bill 361, the City of San Rafael is offering teleconference without
complying with the procedural requirements of Government Code section 54953(b)(3).
This meeting will be held in-person, virtually using Zoom and is being streamed to
YouTube at www.youtube.com/cityofsanrafael.
How to participate in the meeting in-person:
• Stay home if you are experiencing COVID-19 symptoms
• Face coverings are recommended for attendees
• Use the sign-in sheet (optional) which allows notification of potentially exposed
individuals if contact tracing reveals COVID-19 transmission may have occurred in
a given meeting
• Attendance will be limited to 50 percent of room capacity (no more than 90
persons) and all in-person attendees should socially distance as recommended by
public health authorities. If the Chambers are 50% occupied, please participate
online instead or utilize the audio feed in the lobby.
• All attendees are encouraged to be fully vaccinated.
How to participate in the meeting virtually:
• Submit public comment in writing before 4:00 p.m. the day of the meeting to
PlanningPublicComment@cityofsanrafael.org.
• Join the Zoom webinar and use the 'raise hand' feature to provide verbal public
comment.
• Dial-in to Zoom's telephone number using the meeting ID and provide verbal public
comment.
Any member of the public who needs accommodations should contact the City Clerk
(email city.clerk@cityofsanrafael.org or phone at 415-485-3066) who will use their best
efforts to provide reasonable accommodations to provide as much accessibility as
possible while also maintaining public safety in accordance with the City procedure for
resolving reasonable accommodation requests.
Members of the public may speak on Agenda items.
CALL TO ORDER
RECORDING OF MEMBERS PRESENT AND ABSENT
APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS
PUBLIC NOTIFICATION OF MEETING PROCEDURES
ORAL COMMUNICATIONS FROM THE PUBLIC
Remarks are limited to three minutes per person and may be on anything within the subject
matter jurisdiction of the body. Remarks on non-agenda items will be heard first, remarks on
agenda items will be heard at the time the item is discussed.
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 August 9, 2022
Recommended Action – Approve minutes as submitted
ACTION ITEMS
2. 326 and 308 Mission Avenue
PLAN21-041, ZC20-001, UP20-022, ED 20-051
State Clearinghouse #2021110398
Notice of Availability of a Draft Environmental Impact Report (EIR) to assess impacts of
the Aldersly Retirement Community Development Plan Amendment Project, 326 and
308 Mission Avenue APNs: 014-054-31 and -32; Planned Development (PD-1775)
Zoning District; Applicant: Peter Lin, Greenbriar Development; Property Owner: Peter
Schakow, Aldersly Retirement Community.
Project Planner: Jayni Allsep, Contract Planner, jayni.allsep@cityofsanrafael.org
Recommended Action – Receive and provide comment on the analysis contained in
the Draft EIR.
3. Text Amendments for Streetaries Ordinance
ZO22-004
Proposed edits to the Zoning Ordinance and Downtown Precise Plan to conform with the
proposed adoption of an ordinance of the City of San Rafael adding Chapter 11.70
(“STREETARIES” OUTDOOR EATING AREAS) to Title 11 (PUBLIC WORKS) of the San
Rafael Municipal Code; amending Section 14.16.277 of Chapter 14.16 (SITE USE AND
REGULATIONS), Section 14.17.110 of Chapter 14.17 (PERFORMANCE STANDARDS),
Section 14.05.020 of Chapter 14.05 (COMMERCIAL AND OFFICE DISTRICTS), Section
14.06.020 of Chapter 14.06 (INDUSTRIAL DISTRICTS) and Section 14.08.020 of Chapter
14.08 (MARINE DISTRICT) of Title 14 (ZONING) of the San Rafael Municipal Code; and
amending Table 2.3.070.A (USE TABLE) of Chapter 9 (DOWNTOWN FORM-BASED
CODE) of the Downtown San Rafael Precise Plan relating to outdoor eating areas in the
public right-of-way.
Project Planner: Leslie Mendez, Planning Manager,
leslie.mendez@cityofsanrafael.org
Recommended Action – Adopt a resolution recommending the City Council adopt the
proposed ordinance and related text amendments.
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.
Minutes subject to approval at the meeting of September 13, 2022
Planning Commission
Regular Meeting
Tuesday, August 9, 2022, 7:00 P.M.
MINUTES
In-Person:
San Rafael City Council Chambers
1400 Fifth Avenue, San Rafael, CA 94901
Participate Virtually:
Watch on Webinar: https://tinyurl.com/pc-2022-08-09
Watch on YouTube: http://www.youtube.com/cityofsanrafael
Telephone: 1 (669) 444-9171
Meeting ID: 897 4566 6511#
One Tap Mobile: US: +16694449171,,89745666511#
CORONAVIRUS (COVID-19) ADVISORY NOTICE
In response to Assembly Bill 361, the City of San Rafael is offering teleconference without
complying with the procedural requirements of Government Code section 54953(b)(3).
This meeting will be held in-person, virtually using Zoom and is being streamed to
YouTube at www.youtube.com/cityofsanrafael.
How to participate in the meeting in-person:
• Stay home if you are experiencing COVID-19 symptoms
• Face coverings are recommended for attendees
• Use the sign-in sheet (optional) which allows notification of potentially exposed
individuals if contact tracing reveals COVID-19 transmission may have occurred in
a given meeting
• Attendance will be limited to 50 percent of room capacity (no more than 90
persons) and all in-person attendees should socially distance as recommended by
public health authorities. If the Chambers are 50% occupied, please participate
online instead or utilize the audio feed in the lobby.
• All attendees are encouraged to be fully vaccinated.
How to participate in the meeting virtually:
• Submit public comment in writing before 4:00 p.m. the day of the meeting to
PlanningPublicComment@cityofsanrafael.org.
• Join the Zoom webinar and use the 'raise hand' feature to provide verbal public
comment.
• Dial-in to Zoom's telephone number using the meeting ID and provide verbal public
comment.
Any member of the public who needs accommodations should contact the City Clerk
(email city.clerk@cityofsanrafael.org or phone at 415-485-3066) who will use their best
efforts to provide reasonable accommodations to provide as much accessibility as
possible while also maintaining public safety in accordance with the City procedure for
resolving reasonable accommodation requests.
CALL TO ORDER
Chair Previtali called meeting to order at 7:03 PM. He then invited Planning Manager Leslie
Mendez to call roll.
RECORDING OF MEMBERS PRESENT AND ABSENT
PRESENT: CAMILLE HARRIS, COMMISSIONER (In-person)
JON HAVEMAN, COMMISSIONER (In-person)
ALDO MERCADO, COMMISSIONER (Virtually)
SAMINA SAUDE, VICE-CHAIR (In-person)
JON PREVITALI, CHAIR (In-person)
ABSENT SHINGAI SAMUDZI, COMMISSIONER
KELLY SHALK, COMMISSIONER
ALSO PRESENT: LESLIE MENDEZ, PLANNING MANAGER (In-person)
JEFF BALLANTINE, SENIOR PLANNER (In-person)
APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS
No changes were made to the order of the agenda.
PUBLIC NOTIFICATION OF MEETING PROCEDURES
Chair Previtali invited Planning Manager Leslie Mendez, who informed the community the
meeting is being streamed live to YouTube and members of the public could provide public
comment either on the telephone, through Zoom, or in person. She explained the process
for community participation in-person, on the telephone and Zoom.
ORAL COMMUNICATIONS FROM THE PUBLIC
There was no communication from the public.
CONSENT CALENDAR
1. Approval of the Planning Commission Meeting Minutes of July 26, 2022
Chair Previtali invited public comment and there was none.
Vice-Chair Saude moved, and Commissioner Harris seconded to approve the Consent
Calendar.
Chair Previtali then invited Planning Manager Leslie Mendez to take roll:
AYES: Commissioners Harris, Haveman, Mercado, Vice-Chair Saude, and Chair
Previtali
NOES: None
ABSENT: Commissioners Samudzi & Shalk
ABSTAIN: None
Motion carried 5 – 0
ACTION ITEMS
2. 800 & 804 A Street (Ritter Center)
PLAN22-026, UP22-003, ED22-009
Request for a Use Permit and an Environmental and Design Review Permit for a Major
Medical Facility within an existing building at 800 A Street and to demolish an existing
building at 804 A Street in order to expand the parking lot; APNs: 011-264-10 & -06;
T5N District; Scott Peterson of INDE Architecture, Applicant; Ritter Center, Owner.
Project Planner: Jeff Ballantine, Senior Planner, Jeff.Ballantine@cityofsanrafael.org
Chair Previtali invited Staff to present the project. Project Planner, Jeff Ballantine, presented
the Staff Report.
Applicant team, Mark Shotwell, Ritter Center, Paul Coen, PMCohen Public Affairs, and
Scott Peterson, Architect, gave a brief presentation.
Chair Previtali asked for questions from the Planning Commission. Staff and Applicant team
responded.
Chair Previtali opened public hearing and asked Staff to open public comment. Planning
Manager reviewed the procedures on public comment.
Seven public comments provided in support of Application. One public comment provided in
support but with clarifying questions.
There being no further public commentary, Chair Previtali closed the public hearing portion
and requested responses from Staff and Applicant team to the questions raised in public
comment, and for final questions from Commission. Staff & Applicant team addressed
questions raised by public comment and Commission.
Chair Previtali asked, in turn, for final comments or questions from Commissioners. There
being no further questions or comments, Chair Previtali called for a motion.
Commissioner Mercado moved to approve the Application in front of them, and
Commissioner Haveman seconded and offered a final comment on the project.
Chair Previtali invited Planning Manager Leslie Mendez to take roll:
AYES: Commissioners Harris, Haveman, Mercado, Vice-Chair Saude, and Chair
Previtali
NOES: None
ABSENT: Commissioners Samudzi & Shalk
ABSTAIN: None
Motion carried 5 – 0
DIRECTOR’S REPORT
Planning Manager reported on the following items:
• Update on Planning Commission reappointments.
• Notice of cancellation of next Planning Commission regular meeting on August 23,
2022.
• Notice and reminder of next/second Housing Element Workshop, community
meeting on August 16, 2022.
• Update on projects coming to the Planning Commission.
COMMISSION COMMUNICATION
Commissioner Mercado asked about his virtual appearance. Staff and Commission
confirmed that first hybrid meeting of the Planning Commission was a success and a
pleasure.
ADJOURNMENT
There being no further business, Chair Previtali adjourned the meeting at 8:06 PM.
________________________________
LESLIE MENDEZ, Planning Manager
APPROVED THIS _____DAY OF____________, 2022
_____________________________________
JON PREVITALI, Chair
Community Development Department – Planning Division
Meeting Date: September 13, 2022
Agenda Item:
2
Case Numbers:
PLAN21-041,
ZC20-001, UP20-022,
ED 20-051
State Clearinghouse
#2021110398
Project
Planner:
Jayni Allsep
(415) 706-0443
REPORT TO PLANNING COMMISSION
SUBJECT: Notice of Availability of a Draft Environmental Impact Report (EIR) to assess impacts of the
Aldersly Retirement Community Development Plan Amendment Project, 326 and 308 Mission Avenue
APNs: 014-054-31 and -32; Planned Development (PD-1775) Zoning District; Applicant: Peter Lin,
Greenbriar Development; Property Owner: Peter Schakow, Aldersly Retirement Community.
EXECUTIVE SUMMARY
The City is the lead agency responsible for California Environmental Quality Act (CEQA) environmental
review of the proposed Aldersly Retirement Community Development Plan Amendment Project (Proposed
Project). CEQA requires the preparation of an environmental impact report (EIR) when a project could
significantly affect the physical environment. During the initial review of the project application, staff
determined that the proposed demolition of existing buildings had the potential to cause a significant
environmental impact on historic resources, and that preparation of an EIR was required.
The Draft EIR analyzes a proposed amendment to the Aldersly Planned Development that includes
demolition and renovation of existing buildings, and construction of three new buildings, new landscaping,
pathways, exterior lighting, and on-site parking on the 2.88-acre Aldersly Campus. The Proposed Project
would result in 14 additional independent living units, an increase from 55 units to 69 units. The number of
assisted living/memory care beds (35 beds) and skilled nursing beds (20 beds) would remain unchanged.
In addition to the Proposed Project, the Draft EIR analyzes an On-Site Project Alternative and an Off-Site
Project Alternative. As required by CEQA, the Draft EIR also analyzes a No-Project Alternative.
The Proposed Project would result in a significant and unavoidable impact related to the proposed
demolition of existing buildings on the project site. The proposed demolition of buildings would cause a
significant adverse change that would result in the loss of California Register eligibility of the Aldersly
Retirement Community as a historic district, and therefore the impact on the historic district would be
significant and unavoidable. Significant impacts related to air quality, biological resources, cultural and
tribal cultural resources, geology, and noise would be reduced to less-than-significant levels after
implementation of mitigation measures.
RECOMMENDATION
It is recommended that the Planning Commission take the following action:
1. Receive public comment on the analysis contained in the Draft EIR, and
2. Commissioners provide comment on the analysis contained in the Draft EIR
REPORT TO PLANNING COMMISSION – Aldersly Draft EIR Public Review and Comment Page 2
BACKGROUND
Site Description/Setting:
The Aldersly Retirement Community occupies 2.9 acres on the north side of Mission Avenue and extending
to Belle Avenue to the north. The property slopes uphill from Mission Avenue frontage (13-16 ft. elevation)
to Belle Avenue (40-60 ft. elevation). The campus is developed with residential, administrative, and
healthcare buildings connected by an extensive network of landscaped pedestrian paths and gardens and
on-site parking.
The campus is located within the Montecito/Happy Valley Neighborhood, one of San Rafael’s oldest
neighborhoods. The area surrounding the Aldersly campus contains a mix of residential, retail, and
community services. The site has a General Plan Land Use designation as High Density Residential and
is zoned PD - Planned Development (Ordinance No. 1775). The Aldersly campus is located just north of
the Montecito Commercial Sub-Area of the Downtown Precise Plan Area.
Founded in 1921 as a retirement community for Danish immigrants, Aldersly has been transformed
numerous times over its 100 years to meet the changing needs of residents and to incorporate new
concepts of community care. None of the original buildings of the Aldersly campus remain, and the existing
buildings on the campus represent a variety of styles reflecting the four periods of redevelopment in the
1940s, 1960s, 1990s and early 2000s. The most recent major development on the campus is the 30-unit
assisted living facility and attached parking garage (Rosenborg), completed in 2004.
REPORT TO PLANNING COMMISSION – Aldersly Draft EIR Public Review and Comment Page 3
PROJECT DESCRIPTION
The Aldersly Retirement Community and Greenbriar Development have filed applications for a project that
proposes phased improvements over the next ten years on the Aldersly Campus. The project includes
demolition and renovation of existing buildings, and construction of new buildings on the Campus. Project
applications include the following:
• A zoning amendment to amend the previously approved Planned Development (PD) Ordinance
No. 1775, including revised Aldersly PD Development Standards (ZC20-001);
• An amendment to a master use permit (UP20-022); and
• An environmental and design review permit (ED20-051)
At buildout of the proposed Development Plan in approximate ten years (2031), the project would result in
a new four-story Independent Living (IL) building along Mission Avenue, a new Independent Living building
on the western portion of the site, a new service building along Belle Avenue, three renovated/reconfigured
buildings, and new outdoor spaces including a memory care garden, activity lawn, and rose terrace. The
project, which includes demolition of seven existing buildings, construction of three new buildings, and
additions/renovations to four existing buildings, would result in fourteen (14) additional independent living
units, an increase from 55 units to 69 units. The number of Assisted Living/Memory Care beds (35 beds)
and Skilled Nursing beds (20 beds) would remain unchanged. The number of on-site parking spaces would
increase from 48 to 56 spaces at buildout of the Aldersly Development Plan.
OVERVIEW OF CEQA PROCESS AND DRAFT EIR
The City is the lead agency responsible for California Environmental Quality Act (CEQA) environmental
review of projects undertaken in the City. CEQA requires the preparation of an environmental impact report
(EIR) when a project could significantly affect the physical environment. During the initial review of the
project, staff determined that the project had the potential to cause a significant environmental impact on
historic resources and that preparation of an EIR was required.
A Notice of Preparation (NOP), including a Draft Initial Study was published on November 22, 2021, to
announce the commencement of the EIR process and to solicit comments concerning the scope of issues
to be addressed in the EIR. The Draft Initial Study concluded that all significant impacts could be mitigated
to a less than significant level except for impacts on historic resources; and mitigation measures were
identified that would reduce all other significant impacts to a less than significant level.
On December 14, 2021, the City held a scoping meeting to receive comments on the scope of the EIR
during a regularly scheduled meeting of the San Rafael Planning Commission. The NOP and comment
letters received during the 30-day NOP comment period are included in Appendix A of the Draft EIR.
The Draft EIR has been prepared in accordance with the CEQA Guidelines and was released for the 45-
day review period required by CEQA (August 16 to September 30, 2022). In an effort to encourage public
participation and to solicit comments from the public on the analysis contained in the Draft EIR, the City is
conducting a meeting before the Planning Commission during the 45-day comment period to provide
information about the potential physical effects of implementing the Project. While the submittal of written
comments is encouraged, the meeting before the Planning Commission provides an opportunity for the
public and the Planning Commission to orally comment on the Draft EIR as well.
The key conclusions of the Draft EIR are presented below:
Significant Environmental Impacts
Chapter 3 of the Draft EIR provides the analysis conducted in this EIR and focuses on the Project’s impact
on Cultural (Historic) Resources. For clarity, the topic of Tribal Cultural Resources (TCRs) is also
REPORT TO PLANNING COMMISSION – Aldersly Draft EIR Public Review and Comment Page 4
addressed in Chapter 3 because mitigation measures identified for TCRs refer to and are closely related
to mitigation measures identified for Cultural Resources.
The Draft EIR concludes that the proposed project would result in a “Less than Significant Impact with
Mitigation Incorporated” in the following topic areas.
Air Quality
Biological Resources
Geology and Soils
Noise
Cultural Resources (except Historic Resources, discussed below) and Tribal Cultural Resources
The Draft EIR identifies the following environmental effects that would be reduced to a less than significant
level with implementation of mitigation measures identified in the Draft EIR:
Impact AQ-1. The Project could result in a cumulatively considerable net increase of any criteria
pollutant for which the Project region is non-attainment under an applicable federal or state ambient
air quality standard. (Less than Significant with Mitigation)
Impact AQ-2. The Project could expose sensitive receptors to substantial pollutant concentrations.
(Less than Significant with Mitigation)
Impact BIO-1. The Project has the potential to disturb active bird nests on the Project site. (Less
than Significant with Mitigation)
Impact CUL-2: Implementation of the Proposed Project has the potential to cause a significant
impact to a previously unidentified archaeological resource pursuant to CEQA Guidelines Section
15064.5. (Less than Significant with Mitigation)
Impact CUL-3: Ground-disturbing activities during Project construction could encounter human
remains, the disturbance of which could result in a significant impact under CEQA. (Less than
Significant with Mitigation)
Impact TCR-1: Ground-disturbing activities during Project construction could encounter Tribal
Cultural Resources, the disturbance of which could result in a significant impact under CEQA. (Less
than Significant with Mitigation)
Impact GEO-1. The Project site is subject to earthquakes that have the potential to induce strong
to very strong ground shaking. Strong shaking during an earthquake can result in ground failure
such as that associated with soil liquefaction, lateral spreading, cyclic densification, and landsliding.
(Less than Significant with Mitigation)
Impact GEO-2. The Project has the potential to destroy a unique paleontological resource during
construction and earthmoving activities. (Less than Significant with Mitigation)
Impact NOI-1. Construction Noise Impacts. Noise generated by construction activities, including
demolition, could exceed the 90 dBA Leq noise level established in SRMC Section 8.13.050. (Less
than Significant with Mitigation)
Impact NOI-2. Operational Noise Impacts. Noise associated with new HVAC equipment could
increase ambient noise levels. (Less than Significant with Mitigation)
Table S-1 of the Draft EIR identifies each significant environmental impact and mitigation measures that
would reduce the impact to a less than significant level. The Project would have no impact or a less than
significant impact (no mitigation required) on all other resource areas identified in the CEQA Guidelines.
These topics and resource areas are addressed in Appendix B of the Draft EIR and are not discussed in
detail in Chapter 3.
Significant and Unavoidable Environmental Impact
As discussed in Chapter 3 of the Draft EIR, the Proposed Project would have an impact on a historic
resource that would be significant and unavoidable:
REPORT TO PLANNING COMMISSION – Aldersly Draft EIR Public Review and Comment Page 5
IMPACT CUL-1: The Proposed Project would result in the demolition of six of the nine
contributing buildings and landscape features that are contributing features of an eligible
historic district. (Significant and Unavoidable)
According to CEQA, a “project with an effect that may cause a substantial adverse change in the
significance of an historic resource is a project that may have a significant effect on the environment.”
Substantial adverse change is defined as: “physical demolition, destruction, relocation, or alteration of the
resource or its immediate surroundings such that the significance of an historic resource would be
materially impaired. The significance of a historical resource is materially impaired when a project
“demolishes or materially alters in an adverse manner those physical characteristics of an historical
resource that convey its historical significance” and that justify or account for its inclusion in, or eligibility
for inclusion in a local register of historical resources pursuant to local ordinance or resolution. Thus, a
project may cause a change in a historic resource but still not have a significant adverse effect on the
environment as defined by CEQA as long as the impact of the change on the historic resource is
determined to be less-than-significant, negligible, neutral or even beneficial.
The Aldersly Retirement Community campus was evaluated in 2017 by Page & Turnbull and determined
to be eligible for listing as a historic district in the California Register of Historical Resources (California
Register). Historic Districts are a concentration of historic buildings, structures, objects, or sites within
precise boundaries that share a common historical, cultural or architectural background. Individual
resources within an historic district may lack individual significance but be considered a contributor to the
significance of the historic district.
The Aldersly campus is eligible as a historic district under Criterion 1 (Event) for its history as a unique
cultural institution for the Northern California Danish-American community, and under Criterion 3
(Architecture) for its cohesive collection of Second Bay Tradition buildings as envisioned by a 1961 master
plan by Rex Whitaker Allen & Associates, and its integration of landscape and built resources that reflects
both Second Bay Tradition design and the ideals of Aldersly – which means “a shade for old age” – as a
comfortable retreat for its residents.
As discussed in Chapter 3 of the Draft EIR, the Proposed Project would demolish six contributing buildings,
partially demolish one contributing building, and alter an additional contributing building, leaving only one
contributing building intact. In addition, the construction of three new buildings would require the removal
and relocation of some landscape features – including the Rose Garden and fountain – and would infill
some of the green space of the existing campus, including a corner of the central lawn. All landscape
features of the Aldersly campus that are contributing features of the eligible historic district would be altered
by the proposed project in some way, either through relocation, removal, or alteration.
Due to the proposed demolition of most contributing buildings and the alteration and relocation of most
landscape features as part of the Project, the eligible historic district would lose its historic integrity and
ability to convey its significance. These alterations would cause a significant adverse change that would
result in the loss of California Register eligibility of the Aldersly Retirement Community as a historic district.
Because the demolition of contributing buildings and changes to landscape features would lead to a loss
of California Register eligibility of the Aldersly campus as a historic district, the compatibility or
incompatibility of proposed new construction and alterations proposed for the remaining buildings would
be irrelevant. Therefore, the impact on the eligible historic district would be significant and unavoidable
because there is no feasible mitigation that would reduce impacts to the eligible historic district to less than
significant. Alternatives to the Proposed Project that could reduce Project impacts are addressed in
Chapter 5 of the Draft EIR and are summarized below.
Project Alternatives
As required under CEQA, the Draft EIR describes and evaluates a reasonable range of alternatives to the
project that would feasibly attain most of the project’s basic objectives and would avoid or substantially
REPORT TO PLANNING COMMISSION – Aldersly Draft EIR Public Review and Comment Page 6
lessen any identified significant adverse environmental effects of the project. Alternatives to the proposed
project are addressed in Chapter 5 of the Draft EIR and an overview of the chapter is provided below.
Alternative 1: No Project Alternative
As required by CEQA, the Draft EIR analyzes a No-Project Alternative. The No Project Alternative assumes
that the Aldersly campus would remain in its existing condition and would not be subject to redevelopment.
Under this alternative, the Aldersly campus would continue to operate as it currently exists, and no new
construction would occur on the Project site except for repairs and interior renovation of existing buildings.
The number of independent living units, assisted living/memory care beds, and skilled nursing beds are
assumed to remain the same as existing (55 Independent Living units, 35 Assisted Living/Memory Care
beds and 20 Skilled Nursing beds). Under the No Project Alternative, the character-defining features of the
eligible historic district would remain intact, and no significant environmental impacts would occur.
Alternative 2: On-Site Preservation Alternative
Alternative 2 would concentrate all new development of the Aldersly campus at its southern edge along
Mission Avenue with the construction of two new buildings. This Alternative includes the construction of a
new Independent Living building along Mission Avenue, and the complete demolition and replacement of
the Frederiksborg building at the southwest corner of the Project site. Like the Proposed Project, this
Alternative would also require the demolition of the building at 308 Mission Avenue to make room for a
new driveway and parking. The property at 308 Mission Avenue is part of the approved PD Development
Plan Area and is owned by Aldersly. Because the scale of the overall construction activities would be
reduced, all significant impacts of the Project would be reduced to less than significant with mitigation
incorporated, except for impacts on historic resources. With regard to historic resources, although
Alternative 2 would retain more contributing buildings and landscape features than the proposed Project,
and it would retain the spatial characteristics of the historic entrance to Aldersly with its entry gate and
circular drive, Alternative 2 would require the demolition of five of the nine contributing buildings and the
demolition of and alteration to most landscape features as part of the Project, and would cause a significant
adverse change that would result in the loss of California Register eligibility of the Aldersly Retirement
Community as a historic district. Therefore, the impact on the eligible historic district would be significant
and unavoidable under Alternative 2.
Alternative 3: Off-Site Preservation Alternative
Alternative 3 would locate all new development at the eastern end of the Aldersly campus and would
incorporate two parcels currently owned by Aldersly (121 and 123 Union Street) located just east of the
northeast corner of the existing campus. Alternative 3 would retain nearly all of the historic buildings and
landscape elements that contribute to the eligible Aldersly historic district and define its historic
significance. Since the contributing buildings and structures would be nearly entirely retained, and the
historic district would remain eligible for the California Register, Alternative 3 would have a less than
significant impact to the historic resource under CEQA. Other environmental impacts would be similar to
that of Alternative 2 and the Proposed Project. Alternative 3 would meet some--but not all--of the project
sponsor’s objectives, and it would meet fewer of the project objectives compared to the Proposed Project
and Alternative 2. Alternative 3 would add a second dining venue and gathering spaces, and it would
provide an accessible outdoor garden area for the Memory Care Center as desired; however, it would not
provide as many updated or larger Independent Living units, nor would it provide additional parking or
improve site accessibility and access to campus amenities to the extent that the Proposed Project would
achieve.
Environmentally Superior Alternative
CEQA requires the identification of an environmentally superior alternative to the Proposed Project. The
Draft EIR concludes that Alternative 1, the No Project Alternative, is the environmentally superior
alternative to the Proposed Project because it would avoid all of the significant impacts associated with the
Proposed Project. If it is determined that the “no project” alternative would be the environmentally superior
REPORT TO PLANNING COMMISSION – Aldersly Draft EIR Public Review and Comment Page 7
alternative, then the EIR must also identify an environmentally superior alternative among the other project
alternatives.
Alternative 3, which proposes to retain nearly all of the contributing buildings and landscape features,
would result in a less than significant impact to the eligible Aldersly historic district, and the district would
remain eligible for the California Register. However, as noted above, Alternative 3 would meet fewer of the
project sponsor’s objectives. In conclusion, the Draft EIR finds that Alternative 3 would not cause any
material impairment to the historic resource under CEQA, and that Alternative 2, like the Proposed Project,
would cause a material impairment to the Aldersly historic district.
NEXT STEPS
Following the 45-day public review period for the DEIR, all written comments received on the adequacy of
this Draft EIR will be addressed in a “response-to-comments” document that, together with the Draft EIR,
will constitute the Final EIR. The response-to-comments document will also present any changes to the
Draft EIR resulting from public and agency input, as well as changes initiated by City staff.
Before any decision to approve, revise, or reject the Proposed Project, the Final EIR will be considered by
the Planning Commission and the City Council at noticed public hearings. This project requires an
amendment to the approved PD Development Plan (Zoning Amendment) which requires action by the City
Council. Therefore, the Planning Commission action on the EIR and project applications will be a
recommendation to the City Council. At the time the Project approval actions are considered, the Planning
Commission and City Council will also consider written findings for each significant environmental effect
identified in the EIR, and a mitigation monitoring and reporting program (MMRP) for adopted mitigation
measures.
PUBLIC OUTREACH
A Notice of Availability (NOA) of the Draft Environmental Impact Report and Notice of Public Meeting was
published in the Marin Independent Journal on August 16, 2022, and the notice was also sent to property
owners and occupants located within 300 feet of the project site, and to anyone who previously requested
to be notified about the project. In addition, notices were posted on the project site along Mission Avenue
and Belle Avenue 15 days before the public hearing.
It is also noted that since the project applications were filed with the City, the following neighborhood
outreach has occurred:
• Neighborhood meeting hosted by Aldersly held via Zoom on June 9, 2021
• Montecito Area Residents Association (MARA) - special meeting held via Zoom on January 27,
2022
• MARA special meeting held via Zoom on May 16, 2022
As of the date and publication of this staff report, the City has not received any comments on the Draft
EIR.
EXHIBITS
1. Notice of Availability and Draft EIR for Aldersly Retirement Community Development Plan
Amendment Project, August 2022
2. Plans, Documents and studies provided on Aldersly webpage:
https://www.cityofsanrafael.org/aldersly/
3. Public Comment
1
Leslie Mendez
From:Jayni Allsep
Sent:Wednesday, August 31, 2022 10:09 AM
To:J. F.; Planning Public Comment
Subject:Re: Aldersly 326 Mission EIR Draft
Hello Ms. ,
Thank you for your email and your excellent suggestion. I've suggested that Aldersly have a printed copy of
the Draft EIR available for residents to review. I'll follow up to make sure that happens.
Regards,
Jayni Allsep / City of San Rafael
Planning Consultant
1400 5th Avenue
San Rafael, CA 94901
(415) 706-0443
Follow us: Facebook | Twitter | Instagram
From: J. F @gmail.com>
Sent: Wednesday, August 31, 2022 9:53 AM
To: Planning Public Comment <PlanningPublicComment@cityofsanrafael.org>; Jayni Allsep
<Jayni.Allsep@cityofsanrafael.org>
Subject: Aldersly 326 Mission EIR Draft
Hello, Ms Allsep and Planning,
I have read the Draft EIR for the project at Aldersly. I would like to share it with several current residents of
Aldersly. Is it possible to have a printed copy available to take to Aldersly? Many residents are more
comfortable with print material, and I also lack the capacity to print a copy.
Thank you for your attention to this request.
SIncerely,
Julie
Community Development Department – Planning
Division
Meeting Date: September 13, 2022
Agenda Item:
3
Case Number:
ZO22-004
Project
Planner:
Leslie Mendez
(415) 485-3095
REPORT TO PLANNING COMMISSION
SUBJECT: Proposed edits to the Zoning Ordinance and Downtown Precise Plan to conform
with the proposed adoption of an ordinance of the City of San Rafael adding Chapter 11.70
(“STREETARIES” OUTDOOR EATING AREAS) to Title 11 (PUBLIC WORKS) of the San
Rafael Municipal Code; amending Section 14.16.277 of Chapter 14.16 (SITE USE AND
REGULATIONS), Section 14.17.110 of Chapter 14.17 (PERFORMANCE STANDARDS),
Section 14.05.020 of Chapter 14.05 (COMMERCIAL AND OFFICE DISTRICTS), Section
14.06.020 of Chapter 14.06 (INDUSTRIAL DISTRICTS) and Section 14.08.020 of Chapter
14.08 (MARINE DISTRICT) of Title 14 (ZONING) of the San Rafael Municipal Code; and
amending Table 2.3.070.A (USE TABLE) of Chapter 9 (DOWNTOWN FORM-BASED CODE)
of the Downtown San Rafael Precise Plan relating to outdoor eating areas in the public right-of-
way; File No.: ZO22-004
EXECUTIVE SUMMARY
At the September 19, 2022 City Council meeting, Public Works staff will recommend adoption of
an ordinance to add a new chapter to Title 11 (Public Works) governing “streetaries” outdoor
eating areas located in parking spaces in the public right-of-way. The ordinance, if adopted, would
govern streetaries through encroachment permits issued by the Director of Public Works.
Adoption of the ordinance requires conforming text amendments to Title 14 (Zoning) and the
Downtown Precise Plan within the purview of the Planning Commission. The text amendments
would carve out regulation for on-street dining of streetaries, which are currently covered under
Title 14, and refer to the new Chapter 11.70. All existing streetaries, including those permitted
before and during the COVID-19 emergency authorization, would be subject to the new
ordinance. Staff believes that the new ordinance and proposed zoning text amendments and
amendments to the Downtown Precise Plan are consistent with General Plan 2040 Goal EV-1:
A Healthy and Resilient Economy because the program would streamline the permitting process,
strengthen public safety standards, create a consistent design aesthetic, and ensure equity in
the use of the public right of way. The public health, safety, and general welfare would be served
because it would require applicants to procure a streetary encroachment permit to be approved
by the Department of Public Works to ensure that the proposal is in accordance with State and
local regulations.
RECOMMENDATION
It is recommended that the Planning Commission take the following action:
• Adopt a resolution recommending the City Council adopt the proposed ordinance of the
City of San Rafael adding Chapter 11.70 (“STREETARIES” OUTDOOR EATING AREAS)
to Title 11 (PUBLIC WORKS) of the San Rafael Municipal Code; amending Section
14.16.277 of Chapter 14.16 (SITE USE AND REGULATIONS), Section 14.17.110 of
Chapter 14.17 (PERFORMANCE STANDARDS), Section 14.05.020 of Chapter 14.05
(COMMERCIAL AND OFFICE DISTRICTS), Section 14.06.020 of Chapter 14.06
(INDUSTRIAL DISTRICTS) and Section 14.08.020 of Chapter 14.08 (MARINE
DISTRICT) of Title 14 (ZONING) of the San Rafael Municipal Code; and amending Table
2.3.070.A (USE TABLE) of Chapter 9 (DOWNTOWN FORM-BASED CODE) of the
Downtown San Rafael Precise Plan relating to outdoor eating areas in the public right-of-
way
BACKGROUND
Outdoor dining in City sidewalks and the public right of way was authorized by the City Council in
April 2000, through adoption of Ordinance 1751, codified at SRMC Section 14.16.277, Use of City
Sidewalks and Rights-of-Way for Outdoor Eating Areas. This ordinance allows the Community
Development Director to license outdoor dining in sidewalks and other rights of way subject to
certain conditions and subject to performance standards under Section 14.17.110(C), Outdoor
Eating Areas Proposed in Conjunction with Food Service Establishments.
On August 17, 2015, the City Council adopted Resolution 13995, establishing a 3-year pilot
program to expand the Outdoor Dining Program to include parklets in the streets, which provided
a process for businesses to use parking spaces for outdoor dining purposes. On December 3,
2018, the City Council authorized the on-street dining to continue under the same limitations. Prior
to the COVID-19 pandemic, three businesses received approval to operate outdoor dining
parklets in parking spaces.
To help local businesses during the COVID-19 emergency, on June 1, 2020, the City Council
adopted Resolution 14809 authorizing the City Manager, at his discretion, to streamline the
approval of permits or other entitlements for use of City sidewalks and on-street parking spaces
for business activities of restaurants and retail businesses, waive or reduce application fees, and
close portions of designated City streets up to two evenings per week in order to facilitate outdoor
dining during and allow dining establishments to continue to operate when indoor dining was not
allowed during the Covid-19 emergency. An additional twenty-nine merchants utilized the
temporary program, thereby maintaining economic stability during challenging COVID-19
pandemic restrictions.
Temporary Outdoor Dining Program encroachment permits approved under the COVID-19
emergency streamlined process are valid through November 30, 2022. Staff were tasked with
creating a program beginning December 1, 2022, for the continuance of the Outdoor Dining
Program that sets clear and fair rules, parameters, and processes to ensure a positive impact on
the City’s economic vitality.
On June 21, 2022, staff presented the Draft Streetary Program Guidelines to the City Council,
setting forth staff’s recommendations for design and development standards, operational
standards, fees, and other related requirements for new streetary encroachment permits that
would apply after current permits expire on November 30, 2022. Staff recommended that the
program be managed and permitted by the Director of Public Works due to the location of
streetaries in streets and parking spaces of the public right-of-way. The City Council concurred
with the presented draft design guidelines. The City Council expressed interest to offer merchants
an incentive to remove unused installations by absorbing the cost of removal, if removed by
December 1, 2022. In addition, and as an added incentive to promote and improve Streetaries,
the City Council supported a proposal to waive application fees through December 31, 2023 and
discount the annual permit fee for the first year by 50% (between December 1, 2022 until
December 31, 2023) and discount the annual permit fee for the second year by 25% (between
January 1, 2024 until December 31, 2024).
Summary of Proposed Ordinance
Following is a summary of the ordinance.
1) Adds Chapter 11.70 “Streetaries” Outdoor Eating Areas, to the SRMC, including but
not limited to the following provisions – see Attachment A to the Resolution:
Permit required
(§ 11.70.020)
Requires a streetary encroachment permit issued by the
Director of Public Works (“director”)
Permit issued to applicant with a valid business license to
operate adjacent food service establishment
Permit application
(§ 11.70.030)
Director will transmit all applications to the Director of
Community Development (“planning director”) for review for
compliance with design and development standards
Fees (§ 11.70.040) Application fee, annual encroachment lease fee, and one-time
refundable deposit
Amounts to be determined by separate resolution of the Council
Where permitted/locations
(§ 11.70.050)
Permits streetaries in parking spaces
Does not permit streetaries on streets with peak hour parking
restrictions or speed limits greater than 25 mph
Does not permit streetaries in certain restricted parking spaces
– e.g., ADA designated, blocking utility access, obstructing
bicycle facilities
Location criteria
(§ 11.70.060)
Requires minimum parking availability – i.e., 70% of on-street
parking must remain available for vehicles
Streetaries must be adjacent to storefront, setback from travel
lane and sides, and not block utility access
Design and development
standards (§ 11.70.070)
City Council may adopt design and development standards*
regulating the form, design, safety and maintenance of
streetaries
Authorizes the director to make minor modifications to the
standards
* Streetary Guidelines are intended to serve as the design and
development standards. Will be proposed for adoption at the
October 3, 2022 City Council meeting.
Criteria for permit issuance
(§ 11.70.080)
Director must find that proposed use is i) in compliance with
ordinance; ii) will ensure protection of public health, safety and
general welfare and prevent interference with users of the right-
of-way and other permit holders; and ii) will comply with
development standards
The director may make exceptions or minor modifications to the
standards where the director determines that (1) a strict
application of standards cannot be met, and (2) the streetary, as
proposed, will not be detrimental to the health, safety, peace,
morals, comfort or general welfare of persons or injurious to
property and improvements in the neighborhood
Operational standards
(§ 11.70.100)
Sets operational standards on live entertainment or amplified
music, outdoor food preparation, alcohol service, noise and
disruptive behavior, site maintenance, ADA compliance, hours
of operation, insufficient usage
Enforcement (§ 11.70.120) Violation of ordinance is a misdemeanor and all other remedies
available to City
Director may revoke permit for non-compliance or to protect
public interest, health, safety and/or welfare of community
Appeal (§ 11.70.130) Provides permittee right of appeal to City manager upon
director’s action on permit application or revocation
2) Conforming text amendments to Title 14 (Zoning).
Provisions of Title 14 (Zoning) are amended to conform with the new Chapter 11.70 governing
streetaries. All provisions in this title that previously governed outdoor eating areas in the streets
or parking spaces have been deleted and reference to the new Chapter 11.70 added. Permitting
authority of streetaries has been moved from the Director of Community Development to the
Director of Public Works because of their locations in the streets and parking spaces of the right-
of-way. However, as identified above, under the new §11.70.030, the Director of Community
Development will review all permit applications for compliance with design and development
standards.
Note that permitting of outdoor eating areas within sidewalk locations have been retained in
Title 14. At this time, staff is not recommending changes to the ordinance permitting sidewalk
eating areas under authority of the Director of Community Development.
The following sections have text amendments – see Attachment B to the Resolution:
Section 14.16.277 of Chapter 14.16 (SITE USE AND REGULATIONS)
Section 14.16.277 (“Use of city sidewalks and rights-of-way for outdoor eating areas”) of Chapter
14.16 (“Site and Use Regulations”) of Division IV (“Regulations Applying in All or Several
Districts”) of Title 14 (“Zoning”) of the City of San Rafael Municipal Code.
Section 14.17.110 of Chapter 14.17 (PERFORMANCE STANDARDS)
Subsection B (“Applicability”) of Section 14.17.110 (“Outdoor eating areas proposed in
conjunction with food service establishments”) of Chapter 14.17 (“Performance Standards”) of
Division IV (“Regulations Applying in All or Several Districts”) of Title 14 (“Zoning”) of the City of
San Rafael Municipal Code.
Section 14.05.020 of Chapter 14.05 (COMMERCIAL AND OFFICE DISTRICTS)
Table 14.05.020 of Section 14.05.020 (“Land Use Regulations (GC, NC, O, C/O, R/O, FBWC)”)
of Chapter 14.05 (“Commercial and Office Districts”) of Division II (“Base District Regulations”) of
Title 14 (“Zoning”) of the City of San Rafael Municipal Code.
Section 14.06.020 of Chapter 14.06 (INDUSTRIAL DISTRICTS)
Table 14.06.020 of Section 14.06.020 (“Land Use Regulations (I, LI/O, CCI/O, LMU)”) of Chapter
14.06 (“Industrial Districts (I, LI/O, CCI/O, LMU)”) of Division II (“Base District Regulations”) of
Title 14 (“Zoning”) of the City of San Rafael Municipal Code.
Section 14.08.020 of Chapter 14.08 (MARINE DISTRICT)
Table 14.08.020 of Section 14.08.020 (“Land Use Regulations (M)”) of Chapter 14.08 (“Marine
District”) of Division II (“Base District Regulations”) of Title 14 (“Zoning”) of the City of San Rafael
Municipal Code.
3) Conforming text amendment to Chapter 9 of the Downtown Precise Plan.
Table 2.3.070.A of the Downtown San Rafael Precise Plan is also amended to conform with the
new Chapter 11.70 governing streetaries – see Attachment B to the Resolution.
Table 2.3.070.A (USE TABLE) of Chapter 9 (DOWNTOWN FORM-BASED CODE)
Footnote 17 of Table 2.3.070.A (“Use Table”) of Article 2 (“Downtown Form-Based Zones”) of
Chapter 9 (“Downtown Form-Based Code”) of the August 2021, Downtown San Rafael Precise
Plan.
ANALYSIS
The goal of the proposed Ordinance is to maintain the economic vitalization gained by the existing
streetaries by strengthening safety standards, creating consistent design aesthetic, and ensuring
fairness in the way that the public right of way is being used.
The proposed Ordinance was carefully crafted through a collaborative team effort between Public
Works, Community Development Department, Parking Services, City Attorney, Economic
Development Department, Fire & Police Departments, and the City Manager’s Office. The
proposed Ordinance authority would be congruent with other encroachment permits in the public
right-of-way where the Director of Public Works is the established authority.
There are 32 food service establishments with existing streetaries in San Rafael. Most of these
streetaries were established through encroachment permits issued by Public Works under the
emergency program with self-certification requirements. It was meant to be more flexible in nature
to accommodate the challenges facing food service establishments during the COVID-19
Pandemic. The adjustments needed to bring these streetaries in compliance with the new design
guidelines will require time and careful handling of a still marginal and recovering food service
industry.
The initial survey of the 32 streetaries indicated a wide range of variance when compared with
the new guidelines. Staff sent a letter to current operators of streetaries notifying them of the draft
guidelines. The operators were asked to respond with their interest in continuing to operate their
streetary under the proposed new program. With the new ordinance in effect, Public Works staff
will have the authority to accept and process applications from existing businesses intending to
make modifications to existing structures and continue participating in the streetary program as
well as applications from new businesses that wish to operate new streetaries. All existing
streetaries, including those permitted before and during the COVID-19 emergency authorization,
would be subject to the new ordinance and guidelines.
For operators who would like to remove the streetaries and not participate in the new program,
staff intends to offer an incentive to remove the streetary before December 1, 2022. The City
would remove and absorb the cost of removal. This program would be implemented by staff,
within the City Manager’s existing programmatic authority, without further City Council action.
ENVIRONMENTAL DETERMINATION
Staff has determined that the proposed ordinance is exempt from the provisions of the
California Environmental Quality Act (CEQA) pursuant to Sections 15304 (Class 4),
15305 (Class 5) and 15183.
Class 4 categorical exemptions (Minor Alterations to Land) consist of minor public or
private alterations in the condition of land, water, and/or vegetation which do not involve
removal of healthy, mature, scenic trees except for forestry or agricultural purposes,
including “minor temporary uses of land having negligible or no permanent effects on the
environment . . .” (CEQA Guideline § 15304(e).) This ordinance will involve the
temporary, non-permanent use of land; all uses authorized pursuant to this ordinance
would involve temporary, non-permanent improvements in the public right-of-way
including temporary structures, tables and seating.
Class 5 categorical exemptions (Minor Alterations in Land Use Limitations) covers
projects that consist of minor alterations in land use limitation in areas with an average
slope of less than 20%, which do not result in any changes in land use or density including
but not limited to issuance of minor encroachment permits. (CEQA Guideline § 15305.)
This ordinance will result in the issuance of permits for use and encroachment into the
public right-of-way.
Section 15183 provides that when a proposed project is consistent with a General Plan
or community plan for which an EIR was certified, subsequent environmental review may
only be required to examine “project-specific significant effects, which are peculiar to the
project or its site.” On July 19, 2021, the City Council approved a resolution certifying the
Environmental Impact Report (EIR) that was prepared to analyze the environmental
impacts of the City’s General Plan 2040 and Downtown Precise Plan. The City Council
adopted both Plans as well as a statement of overriding considerations on August 2, 2021.
As the conversion of on-street parking for use as outdoor dining is part of a strategy
identified in the Downtown Precise Plan for creating civic spaces in infill conditions, this
ordinance is consistent with the Downtown Precise Plan and associated EIR. The project
is therefore, exempt from CEQA pursuant to section 15183 of the State CEQA
Guidelines because it can be seen with certainty that there is no possibility that the
adoption of this Ordinance or its implementation would have a significant effect on the
environment.
The proposed Ordinance is consistent with these exemptions because the requested
action will not result in a direct or reasonably foreseeable change in the environment and
because there is no possibility that the activity in question may have a significant effect
on the environment.
PUBLIC NOTICE / CORRESPONDENCE
Notice of hearing for the project was conducted in accordance with noticing requirements
contained in Chapter 29 of the Zoning Ordinance. A Notice of Public Hearing was published in
the Marin Independent Journal on August 29, 2022 and mailed to all relevant stakeholders,
agencies and special interest groups on August 25, 2022. As of the writing of this staff report, no
public comment has been received. Any communication received will be forwarded to the
Planning Commission
OPTIONS
The Planning Commission has the following options:
1. Adopt the Resolution recommending the City Council adopt the ordinance with zoning text
amendments and amendments to Downtown Precise Plan; or
2. Adopt the Resolution with certain modifications or changes; or
3. Continue the hearing (to a date certain or an undefined date) to allow staff to address any
of the Commission’s comments or concerns; or
4. Recommend that the City Council do not adopt the ordinance.
EXHIBITS
1. Resolution
RESOLUTION NO. 22-
RESOLUTION OF THE CITY OF SAN RAFAEL PLANNING COMMISSION
RECOMMENDING TO THE CITY COUNCIL ADOPTION OF AN ORDINANCE ADDING
CHAPTER 11.70 (“STREETARIES” OUTDOOR EATING AREAS) TO TITLE 11
(PUBLIC WORKS) OF THE SAN RAFAEL MUNICIPAL CODE; AMENDING SECTION
14.16.277 OF CHAPTER 14.16 (SITE USE AND REGULATIONS), SECTION 14.17.110
OF CHAPTER 14.17 (PERFORMANCE STANDARDS), SECTION 14.05.020 OF
CHAPTER 14.05 (COMMERCIAL AND OFFICE DISTRICTS), SECTION 14.06.020 OF
CHAPTER 14.06 (INDUSTRIAL DISTRICTS) AND SECTION 14.08.020 OF CHAPTER
14.08 (MARINE DISTRICT) OF TITLE 14 (ZONING) OF THE SAN RAFAEL MUNICIPAL
CODE; AND AMENDING TABLE 2.3.070.A (USE TABLE) OF CHAPTER 9
(DOWNTOWN FORM-BASED CODE) OF THE DOWNTOWN SAN RAFAEL PRECISE
PLAN RELATING TO OUTDOOR EATING AREAS IN THE PUBLIC RIGHT-OF-WAY
(ZO22-004)
WHEREAS, staff plans to recommend the City Council adopt a new ordinance to add
a new Chapter 11.70 (“Streetaries” Outdoor Eating Areas”) under Title 11 (Public Works)
to the San Rafael Municipal Code (SRMC), governing outdoor eating areas in parking
spaces within the public right-of-way, known as “streetaries”; and
WHEREAS, outdoor dining in the public right-of-way was previously authorized by the
City Council in April 2000, through adoption of Ordinance 1751, codified at SRMC Section
14.16.277, Use of City Sidewalks and Rights-of-Way for Outdoor Eating Areas, by
authorizing the Community Development Director to license outdoor dining in “sidewalks
and other rights-of-way” under certain conditions and subject to performance standards
under Section 14.17.110(C), Outdoor Eating Areas Proposed in Conjunction with Food
Service Establishments; and
WHEREAS, on August 17, 2015, the City Council adopted Resolution 13995,
establishing a 3-year pilot program to expand the outdoor dining program to include
parklets in the streets, which provided a process for businesses to use parking spaces
for outdoor dining purposes; and
WHEREAS, on December 3, 2018, the City Council authorized the on-street dining
program to continue under the same limitations and three (3) merchants participated in
the pilot program; and
WHEREAS, on June 1, 2020, to help local businesses during the Covid-19
emergency, the City Council adopted Resolution 14809 authorizing the City Manager, at
his discretion, to streamline the approval of permits or other entitlements for use of City
sidewalks and on-street parking spaces for business activities of restaurants and retail
businesses, waive or reduce application fees, and close portions of designated City
streets up to two evenings per week in order to facilitate outdoor dining, and allow dining
establishments to continue to operate when indoor dining was not allowed, during the
Covid-19 emergency; and
WHEREAS, an additional twenty-nine (29) merchants participated in the streamlined
program, thereby maintaining economic stability during challenging Covid-19 pandemic
restrictions; and
WHEREAS, Temporary Outdoor Dining Program permits approved by the Director of
Public Works under the streamlined process are valid through November 30, 2022; and
WHEREAS, on June 21, 2022, staff presented Draft Streetary Guidelines to the City
Council with staff’s recommendations for design and development standards, operational
standards, fees, and other related requirements for new streetary encroachment permits
that would apply after current permits expire on November 30, 2022; and
WHEREAS, the proposed ordinance adding Chapter 11.70 to the SRMC regulates
the design and development standards, operational standards, fees, and other related
requirements for and designates the Director of Public Works as the City’s representative
to issue streetary encroachment permits; and
WHEREAS, adding Chapter 11.70 would require conforming text amendments to Title
14 of the SRMC and the Downtown Precise Plan to remove regulation of outdoor eating
establishments in parking spaces within the right-of-way; and
WHEREAS, the proposed Ordinance to add Chapter 11.70 (“Streetaries” Outdoor
Eating Areas) to Title 11 (Public Works) and amend corresponding sections of Title 14
(Zoning) of the SRMC and Chapter 9 of the Downtown Precise Plan relating to outdoor
eating areas in the public right-of-way through streetrary encroachment permits qualify
for the exemptions set forth in CEQA Guidelines sections 15304 and 15305 and statutory
exemption section 15183; and
WHEREAS, the Planning Commission held a duly noticed public hearing on
September 13, 2022, at which time it reviewed the proposed ordinance adding Chapter
11.70 of the SRMC and amendments to Title 14 (Zoning) of the SRMC and Chapter 9 of
the Downtown Precise Plan, considered all public comments on the revisions and related
CEQA exemptions, and recommended the proposed text amendments to conform with
the proposed ordinance.
NOW, THEREFORE, BE IT RESOLVED, that in support of the proposed ordinance
adding Chapter 11.70 (“STREETARIES” OUTDOOR EATING AREAS) to Title 11
(PUBLIC WORKS) of the San Rafael Municipal Code as written in Attachment A of this
resolution; that the Planning Commission recommends to the City Council adoption of
amendments to Title 14 of the San Rafael Municipal Code and the Downtown Precise
Plan sections as outlined in Attachment B of this resolution, based on the following
findings as required under Zoning Code Section 14.27.060:
1. The amendment to San Rafael Municipal Code and Downtown Precise Plan is
consistent with the San Rafael General Plan 2040 Goal EV-1: A Healthy and
Resilient Economy because the program would streamline the permitting process,
strengthen public safety standards, create a consistent design aesthetic, and
ensure equity in the use of the public right of way. The amendment is consistent
with the following specific and applicable polices:
a. Policy EV-1.4: Business Retention and Support in that city staff reached out
to solicit feedback from the Economic Development Subcommittee, the
Chamber of Commerce, as well as various business owners throughout the
community and incorporated their comments within the guidelines to simplify
and streamline the permit process.
b. Policy EV-3.1: Business Areas in that the program would improve the safety,
security, cleanliness, and convenience of San Rafael’s business districts so
that they are places where customers want to dine, providing a comfortable,
enjoyable experience for residents, workers, and visitors which is an important
part of remaining competitive.
2. The public health, safety, and general welfare would be served by the proposed
ordinance and zoning amendment because it would require applicants to procure
a streetary encroachment permit to be approved by the Department of Public
Works in addition to other applicable permits to ensure that the proposal is in
accordance with State and local regulations.
The foregoing Resolution was adopted at the regular City of San Rafael Planning
Commission meeting held on the 13th day of September 2022.
Moved by Commissioner ________________ and seconded by Commissioner
________________.
AYES:
NOES:
ABSENT:
ABSTAIN:
SAN RAFAEL PLANNING COMMSSION
ATTEST: ______________________ BY:_______________________
Leslie Mendez, Secretary Jon Previtali, Chair
Attachment A: Draft Amendment to San Rafael Municipal Code adding Chapter 11.70
(“STREETARIES” OUTDOOR EATING AREAS) to Title 11 (PUBLIC WORKS);
Attachment B: Draft Amendment to Section 14.16.277 of Chapter 14.16 (SITE USE AND
REGULATIONS), Section 14.17.110 of Chapter 14.17 (PERFORMANCE STANDARDS),
Section 14.05.020 of Chapter 14.05 (COMMERCIAL AND OFFICE DISTRICTS), Section
14.06.020 of Chapter 14.06 (INDUSTRIAL DISTRICTS) and Section 14.08.020 of
Chapter 14.08 (MARINE DISTRICT) of Title 14 (ZONING) of the San Rafael Municipal
Code; and amendment to Table 2.3.070.A (USE TABLE) of Chapter 9 (DOWNTOWN
FORM-BASED CODE) of the Downtown San Rafael Precise Plan relating to outdoor
eating areas in the public right-of-way.
Attachment A
ZC22-004
Addition of Chapter 11.70 to the San Rafael Municipal Code.
Chapter 11.70 – “STREETARIES” OUTDOOR EATING AREAS
11.70.010 - Definitions.
For the purposes of this chapter, the following words and phrases shall have the
meaning set forth below. Unless in direct conflict with terms defined herein, other
words and phrases shall be interpreted as defined in the Streets and Highways Code:
A. “Outdoor eating area” shall have the same meeting as set forth in Section
14.03.030 of Title 14.
B. “Parking spaces within the public right-of-way” shall mean the designated on-
street or off-street area where parking of vehicles does not violate any posted
parking restriction and the use of the space does not interfere with the safety nor
the passage of persons and vehicles.
C. “Permittee” shall mean the permit holder of a valid streetary encroachment permit
issued by the city.
D. “Streetary” or “streetaries” shall mean an outdoor eating area that operates within
and uses parking spaces within the public right-of-way directly adjacent to the
food service establishment street frontage. Outdoor eating areas operating within
or using sidewalks within the public right-of-way are not covered under this
chapter and are subject to the applicable standards under Section 14.16.277 of
Title 14.
11.70.020 - Permit required.
Any person desiring to erect, construct, place or maintain an encroachment upon any
existing parking spaces within the public right-of-way for a streetary must first obtain an
annual streetary encroachment permit pursuant to this chapter. Each applicant for an
annual streetary encroachment permit shall comply with the requirements of this
chapter, any other applicable laws, and any regulations and policies adopted pursuant
to this chapter.
Permits shall only be issued to applicants with a valid business license issued by the
city to operate a food service establishment directly adjacent to the parking spaces
within the right-of-way for which a streetary encroachment permit is sought.
All persons operating and/or maintaining a streetary as of the effective date of this
ordinance shall be required to obtain a streetary encroachment permit and pay
applicable fees no later than December 1, 2022. Failure to obtain a streetary
encroachment permit within this time period shall constitute a violation of this chapter
and may subject the current streetary operator to closure and/or enforcement pursuant
to this chapter.
11.70.030 - Permit application.
The director of public works (the “director”) shall establish an application form for an
annual streetary encroachment permit, including any application materials deemed
necessary to enable complete review of the application. The application shall be
accompanied by a permit application fee required under Section 11.70.040.
The director shall transmit a copy of each application for an annual streetary
encroachment permit to the director of community development (the "planning
director"). The planning director shall review the application for compliance with all
applicable design and development standards.
11.70.040 - Fees.
Each permit application shall be accompanied by a permit application fee. Prior to
permit issuance, the permittee shall pay an annual encroachment lease fee and a one-
time, refundable deposit. Fees shall be in amounts set forth by separate resolution of
the City Council.
11.70.050 - Where permitted.
A. Streetaries are permitted in existing parking spaces within the right-of-way in all
commercial districts.
B. Streetaries are only permitted in the parking spaces within the right-of-way
directly adjacent to the food service establishment street frontage.
C. Notwithstanding subsection A, above, streetaries shall not be permitted along
streets with (1) peak hour parking restrictions or (2) speeds limits greater than 25
miles per hour.
D. Notwithstanding subsection A, above, streetaries shall not be permitted in
parking spaces that (1) are ADA designated, (2) are adjacent to curbs designated
for no parking (red curb), passenger loading zones (white curb), commercial
loading zones (yellow curb), limited parking zones (green) and/or any other
colored curb zones with restrictions on driveways, ADA ramps, or entrances to
parking lots or city-owned parking facilities, (5) would block or obstruct any fire
hydrant, fire department sprinkler or standpipe hose, or other public safety
infrastructure, (6) would obstruct utility access panels, manhole covers, storm
drains, street valves, or any other type of utility assets, or (6) would obstruct any
bicycle facility.
11.70.060 - Location criteria.
A. Maximum parking stalls. A maximum of two parallel parking spaces shall be used
for each streetary.
B. Parking sufficiency.
1. Seventy percent (70%) of on-street parking on any block must remain
available for vehicles at any given time.
2. Notwithstanding, section 11.70.______the director at their sole discretion
may consider an exception to this requirement only if: (1) more than 70% of on-
street parking on a three-block average (the streetary location’s block and one
block in either direction) remains available for vehicle parking; or (2) the entrance
to a public parking garage or lot is within 300 feet of the streetary location.
Adjacency to storefront. Streetaries may only be permitted in parking spaces
within the right-of-way that are directly in front of the permittee’s food service
establishment business. If a food service establishment fronts more than one but
less than two parking spaces and fronts more than fifty percent (50%) of the
second parking space, the permittee is eligible to apply for two parking spaces
for use as a streetary.
C. Travel lane setback. Streetaries shall have an eighteen inch (18”) minimum
setback from the travel lane measured from the parking striping adjacent to the
travel lane. In cases where no striping exists, the maximum length of the
streetary measured from the face of the curb shall be determined by the director
or their designee.
D. Side setback. Streetaries shall have a two-foot minimum side setback to each
wheel stop located at each end of the parking space.
E. Utilities. A minimum clearance of four feet (4’) from either side of utility access
panels, manhole covers, storm drains, street valves, or any other type of utility
assets will be required to allow for maintenance access. Streetaries proposed
under overhead utility lines shall meet the minimum vertical distance
requirements as established by the California Public Utility Commission.
Streetaries that block the outlet of a sidewalk underdrain shall ensure the outlet is
functional and flowing. Permittees shall take a thorough inventory of utility access
covers in the proposed streetary area by checking under parked cars. Permittees
shall provide for access to any city or public utility company that may have
underground conduits beneath the constructed streetary. Access to utilities may
require that a permittee temporarily remove all or a portion of the constructed
streetary. Permittees shall be responsible for the cost of removing, re-installing
and restoring any damage to the streetary.
11.70.070 - Design and development standards.
The city council shall, by separate resolution, adopt design and development standards
regulating the form, design, safety and maintenance of streetaries. The director may,
from time to time, make minor modifications to the design and development standards.
11.70.080 - Criteria for issuance.
A. The director, in acting upon any application for a streetary encroachment
permit, shall either approve, approve with conditions or deny the issuance of a
permit based on the following principles and standards:
1. That the applicant has paid all fees required under Section 11.70.040.
2. That the proposed use of the parking spaces within the public right-of-
way is in compliance with all applicable provisions of this chapter;
3. That the proposed use of the parking spaces in the public right-of way is
so arranged as to ensure the protection of public health, safety and
general welfare, and prevent interference with users of the sidewalks,
streets and holders of other permits; and
4. That the proposed use will properly comply with the provisions and
development standards prescribed in this chapter, or as prescribed by
the director and/or planning director.
B. The streetary encroachment permit may be subject to additional conditions
where the city has documented any violation of this chapter, other applicable
laws and regulations, or the streetary is detrimental to the health, safety, peace,
morals, comfort or general welfare of persons residing or working in the
neighborhood or is detrimental or injurious to property and improvements in the
neighborhood.
C. Deviations from adopted standards. Where the director determines that (1) a
strict application of standards set forth in this chapter cannot be met by a
proposed streetary, and (2) the streetary, as proposed, will not be detrimental to
the health, safety, peace, morals, comfort or general welfare of persons residing
or working in the neighborhood or injurious to property and improvements in the
neighborhood, the director may grant exceptions or minor modifications to the
standards set forth in this chapter.
11.70.090 - Limited to food service establishments.
All permits issued pursuant to this chapter shall be limited to streetaries established in
conjunction with and abutting food service establishments.
11.70.100- Operational standards.
A. No live entertainment or amplified music. No live entertainment or amplified
music shall be permitted in streetaries established pursuant to this chapter
without first obtaining all required permits including but not limited to those
issued pursuant to Section 8.13.060 of Title 8.
B. No outdoor food preparation, flames, heating. Outdoor food preparation, food
heating mechanisms, cooking and open flames, hotpots, candles, open flames,
and barbecues shall not be permitted in streetaries.
C. Alcohol service. Alcohol service shall be permitted subject to the acquisition of
all required local and State permits and licenses.
D. Noise and disruptive behavior. Permittees shall be responsible for ensuring their
patrons minimize noise and disruptive behavior while using their streetary space.
E. Site maintenance. Streetaries shall be maintained free of litter, refuse and debris.
The area shall be scrubbed and mopped daily by the permittee to remove any
food or drink stains. Such cleaning shall be in accordance with the City’s Storm
Water Management and Discharge Control Program, which prohibits any
discharge other than rainwater into the storm water drainage system.
F. ADA compliance. Streetary seating areas must, at all times, comply with all
requirements of the Americans with Disabilities Act (ADA) and provide sufficient
clearance and walkway space to allow safe access and egress. For multi-level
streetaries, a minimum of one level of ADA access shall be required.
G. Hours of operation. The streetary shall adhere to the same approved hours of
operation as the associated food service establishment business, with the
following limitations:
1. For streetaries that are within 150-foot horizontal or vertical distance from
residences: Streetaries shall not commence operations prior to 7 a.m. on
Saturdays, Sundays, and holidays; Streetaries shall not commence
operations prior to 6 a.m. Monday through Friday; Streetaries shall not
operate after 10 p.m. on Fridays and Saturdays; Streetaries shall not
operate after 9 p.m. Sunday through Thursday and holidays. For purposes
of this section, “holidays” shall have the same meaning as set forth in
chapter 8.13 (Noise) of title 8.
H. Insufficient usage. Streetaries must demonstrate adequate usage in order to
contribute to the economic vitality of the city. The city requires these streetaries
to be set up and readily available for use during the operational hours of the food
service establishment associated with the streetary, except in inclement weather
and subject to the hours of operation limitations under subsection G. The city has
the right to notify any streetary in writing of insufficient usage and invoke the
enforcement procedures set forth in this chapter.
11.70.110 - Indemnification and insurance.
As a condition of the issuance of an annual streetary encroachment permit, the
permittee shall defend, indemnify and hold harmless the City of San Rafael and shall
present, along with each application or renewal application for an annual permit,
evidence of liability insurance in a form acceptable to the director.
11.70.120 – Enforcement.
A. Any person who violates this chapter shall be guilty of a misdemeanor and may
be subject to any and all enforcement proceedings or remedies, including the
imposition of penalties as authorized by law. The provisions of this chapter are
cumulative to any other remedies authorized by law. Any streetary may be
subject to inspection by the city on an annual basis or as needed to ensure
compliance with this chapter and permits issued pursuant to this chapter.
B. The city retains the right to revoke a streetary encroachment permit at any time
where a violation of this chapter has occurred and/or revocation is necessary to
protect the public interest, health, safety and/or welfare of the community. If
the director believes that a permittee is in violation of this chapter, the director
may issue a notice of violation to the permittee. The notice of violation shall be
served on the permittee, either in person or by first class mail. The notice shall
indicate that the permit is subject to termination unless, within 30 days of
service of the notice of violation, the violation is corrected or a hearing pursuant
to this chapter is requested in writing. If the director or his designee determines
that a permittee will not be able to continue to meet the requirements of this
chapter because of a proposed public highway right-of-way improvement, the
director or his designate shall notify the permittee, either in person or by first
class mail, that the permit will be terminated within 30 days of service of the
notice of termination.
11.70.130 – Appeals.
Any person aggrieved by the director's action on a streetary encroachment permit
application or revocation may appeal by submitting a written appeal to the city
manager, along with any applicable appeal fee as provided in the city's master fee
schedule, within fifteen (15) days of the date on which the permit was issued or on
which the application was denied or on which the permit was revoked. The city
manager, or his designee, shall hold a hearing on the appeal within thirty (30) days of
receipt of the appeal, and shall give the applicant and the appellant at least ten (10)
days' written notice of the time of the hearing. The decision by the city manager or his
designee on the appeal shall be final.
Attachment B
Amendments of Section 14.16.277 of Chapter 14.16 (Site Use and Regulations),
Section 14.17.110 of Chapter 14.17 (Performance Standards), Section 14.05.020 of
Chapter 14.05 (Commercial and Office Districts), Section 14.06.020 of Chapter 14.06
(Industrial Districts) and Section 14.08.020 of Chapter 14.08 (Marine District) of Title
14 (Zoning) of the City of San Rafael Municipal Code; and Amendment of Table
2.3.070.A of the Downtown San Rafael Precise Plan.
Amendment of Section 14.16.277 of the San Rafael Municipal Code.
Section 14.16.277 (“Use of city sidewalks and rights-of-way for outdoor eating
areas”) of Chapter 14.16 (“Site and Use Regulations”) of Division IV (“Regulations
Applying in All or Several Districts”) of Title 14 (“Zoning”) of the City of San Rafael
Municipal Code is hereby amended as set forth below. Deletions are in strikethrough,
and additions are in underline.
14.16.277 Use of city sidewalks and rights-of-way for outdoor eating areas.
A. Applicability. This section applies to the use of city sidewalks located within the
public right-of-way for outdoor eating areas. Any outdoor eating area located within
or using parking spaces within the public right-of-way shall not be subject to the
provisions of this section, but shall be regulated as provided in Chapter 11.70 of
Title 11.
A.B. Notwithstanding any other provisions of this title, the use of city sidewalks or other
city rights-of-way for outdoor eating areas is prohibited without a license agreement
between the adjacent food service establishment and the city, which license
agreement shall be in lieu of any environmental design review permit, use permit,
administrative use permit, encroachment permit or other permit required for use of
the city sidewalk or right-of-way for such purpose.
B.C.Such license agreements shall be in a form approved by the city attorney, and shall
include the applicable standards provided in Section 14.17.110(C), indemnification
of the city, and liability insurance naming the city as an additional insured in an
amount not less than one million dollars ($1,000,000.00) and in a form as approved
by the city's risk manager.
C.D. Such license agreement also shall be subject to such regulations hereafter
deemed necessary by the community development director to protect the public
health, safety, and welfare, and as approved by resolution of the city council.
D.E. Such license agreements may be approved by the community development director
and may be revoked at the pleasure of the city council.
E.F. The placement of outdoor seating area barriers shall allow a minimum six-foot (6′)
wide clear pathway for sidewalks located within the public rights-of-way.
F.G. In lieu of the aforementioned license agreement, the city council may enter into a
lease agreement between the adjacent food service establishment at a rate and
term to be determined by the city council, and as approved by resolution of the city
council.
(Ord. 1751 § 6, 2000).
Amendment of Section 14.17.110 of the San Rafael Municipal Code.
Subsection B (“Applicability”) of Section 14.17.110 (“Outdoor eating areas
proposed in conjunction with food service establishments”) of Chapter 14.17
(“Performance Standards”) of Division IV (“Regulations Applying in All or Several
Districts”) of Title 14 (“Zoning”) of the City of San Rafael Municipal Code is hereby
amended as set forth below. Deletions are in strikethrough, and additions are in
underline.
14.17.110 Outdoor eating areas proposed in conjunction with food service
establishments.
B. Applicability.
1. This section applies to outdoor eating areas proposed in conjunction with food
service establishments, with the exception of outdoor eating areas within
parking spaces within the public right-of-way. Any outdoor eating area located
within or using parking spaces within the public right-of-way shall not be subject
to the provisions of this section, but shall be regulated as provided in Chapter
11.70 of Title 11.
2. Performance standards for outdoor eating areas proposed in conjunction with
restaurants or other food service establishments shall apply in any zoning
district where food service establishments are permitted uses (as of right or by
conditional use permit). Compliance with performance standards for outdoor
eating areas shall be reviewed through an administrative use permit and
administrative environmental and design review permit process for any existing
food service establishment. In cases where the restaurant or food service
establishment is being proposed as a new use and is subject to a conditional
use permit in the zoning district is which it is located, the performance
standards shall be incorporated into the required use permit. Notwithstanding
the foregoing, any outdoor eating area located on city sidewalks or rights-of-
way shall not be subject to the administrative use permit or use permit process,
but shall be regulated as provided in Section 14.16.277.
(Ord. 1751 §§ 4, 5, 2000: Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, § 61, 6-21-2010)
Amendment of Section 14.05.020 of the San Rafael Municipal Code.
Table 14.05.020 of Section 14.05.020 (“Land Use Regulations (GC, NC, O, C/O,
R/O, FBWC)”) of Chapter 14.05 (“Commercial and Office Districts”) of Division II (“Base
District Regulations”) of Title 14 (“Zoning”) of the City of San Rafael Municipal Code is
hereby amended as set forth below. Deletions are in strikethrough, and additions are in
underline. Unless indicated below, no other cells or rows within Table 14.05.020 shall be
modified by this amendment.
Table 14.05.020
Type of Land
Use
GC NC O C/O R/O FBWC* Additional Use
Regulations
Commercial
Uses
Outdoor
eating areas
A* A* A* A* A* A* For outdoor eating areas on
private property see Section
14.17.110 standards. For
outdoor seating areas located
on city sidewalks or rights-of-
way, see Section
14.16.277 standards. For
outdoor eating areas on
parking spaces within the
public right-of-way, see
Chapter 11.70 – “Streetaries”
Outdoor Eating Areas.
Amendment of Section 14.06.020 of the San Rafael Municipal Code.
Table 14.06.020 of Section 14.06.020 (“Land Use Regulations (I, LI/O, CCI/O,
LMU)”) of Chapter 14.06 (“Industrial Districts (I, LI/O, CCI/O, LMU)”) of Division II (“Base
District Regulations”) of Title 14 (“Zoning”) of the City of San Rafael Municipal Code is
hereby amended as set forth below. Deletions are in strikethrough, and additions are in
underline. Unless indicated below, no other cells or rows within Table 14.06.020 shall
be modified by this amendment.
Table 14.06.020
Types of Land
Use
I LI
/O
CCI
/O
LM
U
Additional Use Regulations
Commercial
Uses
Outdoor eating
areas
A A A A For outdoor eating areas on private property,
see Section 14.17.110 standards. For outdoor
seating areas located on city sidewalks or
rights-of-way, see Section
14.16.277 standards. For outdoor eating areas
on parking spaces within the public right-of-
way, see Chapter 11.70 – “Streetaries” Outdoor
Eating Areas.
Amendment of Section 14.08.020 of the San Rafael Municipal Code.
Table 14.08.020 of Section 14.08.020 (“Land Use Regulations (M)”) of Chapter
14.08 (“Marine District”) of Division II (“Base District Regulations”) of Title 14 (“Zoning”)
of the City of San Rafael Municipal Code is hereby amended as set forth below. Deletions
are in strikethrough, and additions are in underline. Unless indicated below, no other
cells or rows within Table 14.08.020 shall be modified by this amendment.
Table 14.08.020
Type of Land
Use
M Additional Use Regulations
Commercial
Outdoor eating
areas
A For outdoor eating areas on private property,
see Section 14.17.110 standards. For outdoor
seating areas located on city sidewalks or
rights-of-way, see Section
14.16.277 standards. For outdoor eating areas
on parking spaces within the public right-of-
way, see Chapter 11.70 – “Streetaries”
Outdoor Eating Areas.
Amendment of Table 2.3.070.A of the Downtown San Rafael Precise Plan.
Footnote 17 of Table 2.3.070.A (“Use Table”) of Article 2 (“Downtown Form-Based
Zones”) of Chapter 9 (“Downtown Form-Based Code”) of the August 2021, Downtown
San Rafael Precise Plan is hereby amended as set forth below. Deletions are in
strikethrough, and additions are in underline. Unless indicated below, no other cells, rows
or footnotes within Table 2.3.070.A shall be modified by this amendment.
17 For outdoor eating areas on private property, see SRMC Section 14.17.110
(Outdoor Eating Areas Proposed in Conjunction with Food Service Establishments)
standards. For outdoor seating areas located on city sidewalks or rights-of-way, see
SRMC Section 14.16.277 (Use Of City Sidewalks and Rights-of-way for Outdoor Eating
Areas) standards. For outdoor eating areas on parking spaces within the public right-of-
way, see SRMC Chapter 11.70 (“Streetaries” Outdoor Eating Areas).
