HomeMy WebLinkAboutPlanning Commission 2023-04-11 Agenda Packet
Planning Commission
Regular Meeting
Tuesday, April 4, 2023, 7:00 P.M.
AGENDA
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RECORDING OF MEMBERS PRESENT AND ABSENT
APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS
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ORAL COMMUNICATIONS FROM THE PUBLIC
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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 March 28, 2023
Recommended Action – Approve minutes as submitted.
ACTION ITEMS
2. 1515 4th Street – New Mixed-Use Building. Request for an Environmental and Design
Review Permit for a proposed new mixed-use building with 162 residential units and 8,900
square feet of ground floor commercial space; APN: 011-245-41; T4MS 50/70, T4MS 50/70
Open, and T4N 40/50 Zoning District; 1515 Fourth Street Associates LLC, owner; Collin
Monahan, applicant.
Recommended Action- approval of the Environmental and Design Review Permit
application subject to conditions of approval in the Draft Resolution
DIRECTOR’S REPORT
COMMISSION COMMUNICATION
ADJOURNMENT
Any records relating to an agenda item, received by a majority or more of the Commission less than 72
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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.
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Community Development Department – Planning Division
Meeting Date: April 11, 2023
Agenda Item: 2
Case Numbers: ED22-016,
PLAN22-039
Project Planner: Jeff Ballantine,
jeff.ballantine@cityofsanrafael.org
REPORT TO PLANNING COMMISSION
SUBJECT: 1515 4th Street – New Mixed-Use Building. Request for an Environmental and Design
Review Permit for a proposed new mixed-use building with 162 residential units and 8,900
square feet of ground floor commercial space; APN: 011-245-41; T4MS 50/70, T4MS
50/70 Open, and T4N 40/50 Zoning District; 1515 Fourth Street Associates LLC, owner;
Collin Monahan, applicant.
EXECUTIVE SUMMARY
The project proposes to construct a new mixed-use building with 162 residential units and 8,900 square
feet of ground floor commercial space located at 1515 4th Street. The northern face of the proposed
building that faces 4th Street is seven stories and the southwestern corner of the building is eight stories.
The proposal includes demolishing the existing vacant bank building on the site and providing
landscaping and other site improvements.
The project is utilizing State Density Bonus law and seeks a concession for the requirement to provide
1,000 square feet of civic space on the site as well as waivers for maximum building height and minimum
building stepbacks. The project also seeks additional density bonus waivers for minimum front and side
street setbacks and maximum building length for the portion of the building located in the T4N 40/50
district.
The project is exempt from CEQA pursuant to Section 15332, In-fill Development Projects (see Exhibit
5). As proposed, and conditioned, the project is consistent with the applicable policies and programs of
the San Rafael General Plan 2040 (see Exhibit 6), and the relevant provisions of the Downtown Precise
Plan and Zoning Ordinance. Staff recommends approval of the Environmental and Design Review Permit
application subject to conditions of approval in the Draft Resolution (see Exhibit 1).
REQUESTED ENTITLEMENTS
The project requires a Major Environmental and Design Review Permit requiring Design Review Board
(DRB) recommendation and Planning Commission approval for construction of a new building up to 80’
in overall height with height bonus pursuant to Downtown Precise Plan Chapter 9 (herein referred to as
“DPP”) Section 1.1.060
PROPERTY FACTS
The following table provides an overview of General Plan and Zoning designations for the project site
and immediately surrounding area as well as existing developed land uses.
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Table 1: Land Use Information
Address: 1515 4th Street Parcel Number: 011-245-41
Property Size: 38,519 square feet Neighborhood: West End Village
Site Characteristics
General Plan Zoning Existing Land Use
Project Site DMU T4MS 50/70, T4N
40/50
Vacant Bank Building
North: DMU T4MS 50/70 Retail Businesses
South: DMU T4N 40/50, T5N
40/60
Medical/Professional Offices, AT&T
Building
East: DMU T4MS 50/70 Dentist Office
West: DMU, MDR T4MS 40/50, MR
2.5
Tire Shop, Single Family Residence
DMU = Downtown Mixed Use; MDR = Medium Density Residential; T4MS = Transect 4 Main Street;
T4N = Transect 4 Neighborhood; T5N = Transect 5 Neighborhood; MR = Medium Density Residential
Site Description & Setting
The project site is 38,519 square feet in area and is surrounded by Shaver Street, 4th Street, and East
Street to the west, north, and east, respectively, as well as two commercial buildings to the south. The
site currently has driveways onto both 4th Street and East Street. The site is relatively flat with a gentle
downslope towards the southwest corner of the site. Retaining walls along the southern and southwestern
sides of the property cause the site to be taller and flatter than the surrounding topography. A vacant
bank building is located on the project site.
Figure 1: Vicinity Map with Site Zoning
=T4N 40/50 =T4MS 50/70 =T4MS 50/70 Open Sub-Zone
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PROJECT DESCRIPTION
Project Summary
The project proposes to demolish the existing approximately 4,300 square foot commercial building and
construct a new mixed-use building with 162 residential units and 8,900 square feet of ground floor
commercial space. The building would have a maximum height of 80 feet, with seven stories on the
northern portion of the building fronting 4th Street and eight stories at the southwestern corner. The project
would have two partially subterranean floors (Level P2 and Level P1, shown on Sheets A2.0A and A2.0B
of the project plans) that would accommodate 179 vehicle parking spaces, a bicycle storage room for
116 bicycle parking spaces, and a trash room. The ground level includes 8,900 square feet of retail space,
a gallery space, reception area, club rooms, nine residential units, and an outdoor swimming pool and
courtyard area. Levels 2 through 7 include the remaining 153 residential units. A lounge room and two
common roof decks are also included on Level 7. The project proposes 119 one-bedroom units and 43
two-bedroom units. The project would include 13 residential units designated as Below Market Rate
(BMR) for Very Low-Income households (those earning between 30% and 50% of the Area Median
Income).
Architecture, Colors, and Materials
The proposed building includes articulation in the forms of: (1) building recesses and projections; (2)
variation in color; and (3) variation in materials. For instance, the front (northern) elevation includes seven
vertical columns in stucco while the remaining portion of the building in between these columns is
recessed and includes a different color stucco from the columns. Most of Level 7 is also recessed and in
light umber stucco such that the top of the building is distinct from the rest of the building. The ground
level primarily consists of glass windows and storefronts such that it is distinct from the upper levels.
Balconies project from the face of the building on the northern, western, and southern sides of the
building. The proposed windows are recessed from the face of the building providing further articulation.
The project proposes a monochromatic color scheme with two variations of tan. The exterior walls would
consist of stucco in a light tan color (CRA|E 30 by Eco Stucco) and a light umber color (Hoggar 90 by
Eco Stucco). The balconies would have metal railings with glass surrounds and the windows would be
aluminum with gray trim.
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Figure 2: Rendering Looking Southwest
Access and Circulation
Vehicular access to the two levels of parking garages would be provided through the installation of two
new driveways on Shaver Street. Pursuant to the Local Traffic Analysis prepared by Advanced Mobility
Group, dated December 2022 (see Exhibit 4), the proposed project would remove on-street parking
adjacent to the project on Shaver Street to increase travel lane width from about 16 feet currently to about
22 feet wide in order to provide safer roadway conditions. The current sidewalk width on Shaver Street
frontage of the project ranges from 6 feet to 7 feet wide. The proposed project sidewalk would be widened
to 8 feet to accommodate for the project driveways. An 18-inch planting strip flush with the sidewalk and
adjacent to the building would be provided for additional safety of pedestrians. The Public Works
Department has reviewed the Local Traffic Analysis for the project and verified that it addresses the City’s
relevant policies and requirements, including the City of San Rafael Transportation Analysis Guidelines,
June 2021.
Landscaping and Lighting
The project proposes landscaping along all three street frontages, in the interior ground level courtyard,
and on the rooftop decks (see Sheets L-1 and L-2 of the project plans). Proposed street trees include
Scarlet Sentinel Red maple, Natchez Crape Myrtle, Chinese Pistache, and Crimson Spire Oak. Proposed
plants in the streetscape planting areas include Dwarf Bottlebrush, Rockrose, Dwarf Grevillea, and Dwarf
Heavenly Bamboo. Proposed plants in the building perimeter planters include Aloe, Echeveria, Leather
Leaf Sedge, Euphorbia, and Creeping Fig. The creeping fig is proposed to grow directly on the stucco
walls of the west building elevation, where the parking levels are located. Proposed plants on the rooftop
include Feather Reed Grass, Creeping Lantana, English Lavender, Fountain Grass, and Rosemary.
Finally, the project would include installing four new steel benches in the public right of way along 4th
Street to provide seating areas for the public and eight new steel tube hoop bike racks on the sidewalk
as well.
All proposed plants are included on the Marin Municipal Water District (MMWD) Approved Plant List.
Prior to issuance of a building permit, the applicant will be required to provide written approval from
MMWD that the proposed landscaping complies with MMWD requirements and with the California Model
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Water Efficient Landscape Ordinance (MWELO). All proposed plants in the public right of way are subject
to review and approval of the City’s Public Works Department.
The project proposes a variety of wall surface downlights for the exterior building walls and recessed
linear lights that are 2.5 feet above ground along a wall that spans the southern property lines (see Sheets
LT0.1 and LT0.2 of the project plans). All proposed lighting will be required to be designed and/or shielded
to conceal light sources from view off-site and avoid spillover onto adjacent properties, consistent with
SRMC Section 14.16.227.
ANALYSIS
Consistency with City Council Goals and Objectives
In 2021, the City Council adopted a list of goals and objectives. One of the key policy areas included in
the goals and objectives is focused on creating new housing. For fiscal year 2022/2023, the City Council
continued the goals and objectives from the 2021/2022 fiscal year as these key policy areas remain
relevant. For fiscal year 2022/2023 the Community Development Department will keep track of progress
in this policy area by tracking the number of Housing units entitled and housing units produced by unit,
income level, and the contribution that these units make toward meeting the City’s regional housing
allocation (RHNA). The proposed project would contribute toward meeting the goal by adding 162
housing units to the City’s housing inventory, including 13 units designated as Below Market Rate (BMR)
for Very Low-Income families.
San Rafael General Plan 2040 Consistency
The site is designated as Downtown Mixed Use on the General Plan 2040 Land Use Map, which allows
for a mix of housing and retail uses. There is no residential density limit on properties designated as
Downtown Mixed Use in General Plan 2040.
The project is consistent with key General Plan Policies. Specifically, the project is consistent with the
Land Use and Community Design and Preservation policies, which encourage new mixed-use
development to be located in Downtown San Rafael. The project would provide 162 new one-bedroom
and two-bedroom residential units, including 13 units designated for Very Low-Income households. A full
analysis is provided in the General Plan Consistency Table, Exhibit 6.
Zoning Ordinance Consistency
As detailed Exhibit 7, the project is consistent with applicable development standards of the City’s Zoning
Ordinance. Specifically, development standards pertaining to light and glare, noise, mechanical
equipment screening and water-efficient landscape.
Downtown Precise Plan
Development review criteria of the San Rafael Downtown Precise Plan (DPP) are included in Chapter 9
(Downtown Form-Based Code). The Downtown Precise Plan was adopted by the City with the intent of
accommodating higher density mixed use development in the City’s Downtown. Development standards
and building massing and articulation criteria of the DPP are provided below.
Form Based Code
Most of the project site is located in the T4MS 50/70 district and the T4MS 50/70 Open sub-zone district
with a small portion of the southwest corner of the site is located in the T4N 40/50 district of the Downtown
Precise Plan (see Figure 1 above). Section 2.3.040 of the Downtown Form-Based Code provides the
relevant development standards for properties located in the T4 Main Street (T4MS) district. Section
2.3.030 of the Downtown Form-Based Code provides the relevant development standards for properties
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located in the T4 Neighborhood (T4N) district. A summary of these development standards is included in
Table 2 and Table 3 below, respectively.
Table 2: Development Standards – T4MS 50/70 (DPP Section 2.3.040)
Standard Required Proposed Compliance
Building Setbacks
Front 0 ft. min.; 10 ft.
max.
0 ft. Complies
Side Street 0 ft. min.; 10 ft.
max.
0 ft. Complies
Side 0 ft. min. 0 ft. Complies
Rear 0 ft. min. 10 ft. 3 in. Complies
Façade length in
façade zone.
(1) Front
(2) Side Street
(1) 80% min.
(2) 70% min.
(1) 100%
(2) 88% east side
(2) 94% west side
Complies
Civic Space 1,000 sq. ft. min. 0 sq. ft. Density Bonus Concession
Height 50 ft. max. 80 ft. Density Bonus Waiver. Measured
from existing grade.
Stepback
Front 10 ft. at 45 ft. tall 0 ft. Density Bonus Waiver
Side Street 10 ft. at 45 ft. tall 0 ft. Density Bonus Waiver
Rear 10 ft. at 45 ft. tall 10 ft. Complies
Ground Floor Ceiling 14 ft. min. 15 ft Complies
Vehicle Parking 103 spaces 179 spaces Complies
Bicycle Parking 205 spaces 205 spaces Complies
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Table 3: Development Standards – T4N 40/50 (DPP Section 2.3.030)
Standard Required Proposed Notes
Building Setbacks
Front 7 ft. min.; 15 ft.
max.
0 ft. Density Bonus Waiver
Side Street 7 ft. min.; 15 ft.
max.
0 ft. Density Bonus Waiver
Side 5 ft. min. 71 ft. 5 in. Complies
Rear 15 ft. min. 10 ft. 3 in. Density Bonus Waiver
Building Length 75 ft. max. 75 ft. 6 in. Density Bonus Waiver. For
portion of building located in T4N
40/50 district.
Façade length in
façade zone.
(1) Front
(2) Side Street
(1) 70% min.
(2) 50% min.
(1) 100%
(2) 94% west side
Complies
Height 40 ft. max. 80 ft. Density Bonus Waiver. Measured
from existing grade.
Stepback
Front 10 ft. at 35 ft. tall 0 ft. Density Bonus Waiver
Side Street 10 ft. at 35 ft. tall 0 ft. Density Bonus Waiver
Rear 10 ft. at 35 ft. tall 0 ft. Density Bonus Waiver
Massing and Façade Articulation
Division 3.2 of the Downtown Form-Based Code includes massing and façade articulation standards. A
summary of these standards is included in Table 3 below.
Table 4: Massing and Façade Articulation (DPP Division 3.2)
Review Criteria Proposed Code
Subsection
Tripartite Façade Articulation. New
facades and façade modifications
along a street or civic space shall be
designed to visually express a base,
middle, and top.
Most of the top level is recessed from a
majority of the lower levels and in lighter
color stucco such that the top of the building
is distinct from the rest of the building. The
ground level primarily consists of glass
windows and storefronts such that it is
distinct from the upper levels.
3.2.030
Massing and Composition. Building
facades shall be arranged in an orderly
composition of window bays/openings
based on prevalent patterns of 5, 7 or
9 bays.
Each building elevation is arranged in an
orderly composition of the following number
of window bays/openings:
• North Elevation – 9 bays/openings
• East Elevation – 5 bays/openings
• South Elevation – 9 bays/openings
• West Elevation – 5 bays/openings
3.2.040
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Table 4: Massing and Façade Articulation (DPP Division 3.2)
Review Criteria Proposed Code
Subsection
Corner Elements. New facades and
facade modifications shall be designed
to include a corner element to give
visual importance to the corner and
enhance the public realm.
Each building façade includes a corner
element that is distinct from other portions of
the building.
3.2.050
Windows and Openings. Buildings
100' or more in length along the street
are required to include projected or
recessed window bays. The recess
may be achieved by a partial or
complete window surround. Up to 3
bays may be grouped.
Each building façade is broken into different
columns that serve as window bays and
project from the rest of the building.
3.2.060
State Density Bonus Law
This project application was submitted pursuant to State Density Bonus Law (Government Code Section
65915 and San Rafael City Council Resolution 14891). The law allows increased density, or bonus units,
for a project that provides a minimum percentage of affordable, or below market rate, units on-site. In
addition, a density bonus project is allowed a certain number of concessions or incentives, based on the
percentage and depth of affordability of the below market rate units provided.1 A density bonus project is
permitted waivers from any development or design standards that would otherwise preclude development
of the affordable housing project.
Since there is no residential density limit on properties in the Downtown Precise Plan area, an applicant
is required to demonstrate how many units can feasibly be constructed on the site in a manner that
complies with all objective development standards and that provides average unit sizes comparable to
the actual proposed project. This hypothetical project that complies with objective development standards
is called the base density project.
The applicant for this project has demonstrated a base density project of 122 residential units for this site.
Based on the commitment to provide 10% of the units, or 13 units, available to very-low income
households, the project qualifies for a 32.5% density bonus. This density bonus results in a total maximum
allowable of 162 residential units (32.5% of 122 equals 39.65 which rounds up to 40 additional units
beyond the base density project).
In addition, the project is eligible for two concessions and as many waivers to accommodate the
affordable housing development. As described in Table 2 above, the project seeks a density bonus
concession for the requirement to provide 1,000 square feet of civic space on the site as well as waivers
for maximum building height and minimum building stepbacks. As described in Table 3, the project seeks
additional density bonus waivers for minimum front and side street setback and maximum building length
for the portion of the building located in the T4N 40/50 district. Staff has reviewed the density bonus
application materials for the project and confirmed that they comply with the relevant requirements in
Government Code Section 65915 and San Rafael City Council Resolution 14891.
1 A concession or incentive is defined as: 1) A reduction in site development standards or a modification of zoning
code or architectural design requirements that exceed the minimum building standards; or 2) Approval of mixed-
use zoning; or 3) Other regulatory incentives or concessions which actually result in identifiable and actual cost
reductions (Govt. Code §65915(k)).
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SB 330 - Housing Accountability Act of 2019
The Housing Crisis Act (Government Code Section 65589.5), also known as Senate Bill 330, seeks to
boost homebuilding throughout the State with a focus on urbanized zones by expediting the approval
process for and suspending or eliminating restrictions on housing development. Housing development
is defined as a project that is: all residential; a mixed-use project with at least two-thirds of the square-
footage residential; or for transitional or supportive housing. A qualifying housing development is only
subject to adopted objective development and design standards.
Section (j) of the HAA requires that when a project complies with applicable objective development
standards and design review criteria, that a local agency may only deny or reduce density if the local
agency finds, supported by substantial evidence, that the project would have a specific, adverse impact
upon the public health or safety and that such impacts cannot be mitigated.
The proposed project complies with applicable, objective general plan and zoning standards, with
allowable waivers and concession as required by State Density Bonus law. Thus, section (j) of the
Housing Accountability Act applies. Staff has conducted analysis and no public health or safety impacts
have been identified.
Therefore, pursuant to the HAA, the City may only place conditions on the project related to the building
form that are based on adopted objective development standards that apply to the project (summarized
in the Downtown Precise Plan section of this staff report above). In addition, the City may not place any
conditions on the project that have the effect of reducing the density or the lot coverage of the project.
DESIGN REVIEW BOARD RECOMMENDATION
As a qualifying HAA housing development, the Design Review Board (DRB) can provide advisory
comments and recommendations but can only condition the project with adopted object development
and/or design standards. The DRB reviewed the project on March 7, 2023.
The DRB recommended Planning Commission approval of the project on the condition that the applicant
addresses the following comment:
Provide a different color and/or material for the two building corner columns facing 4th Street and
the center building column facing 4th street from the color and material proposed for the rest of
the building columns on all building elevations.
This recommendation is included as Condition of Approval #3 in the Draft Resolution (Exhibit 1).
ENVIRONMENTAL DETERMINATION
The project is categorically exempt from CEQA pursuant to Section 15332 (In-fill Development Projects)
of the CEQA Guidelines. Support of this determination is provided in the CEQA Infill exemption memo
found in Exhibit 5.
NEIGHBORHOOD CORRESPONDENCE
Notice of hearing for the project was conducted in accordance with noticing requirements contained in
Chapter 14.29 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 this hearing. Public notice was also posted on a frontage of the subject site 15
calendar days prior to the date of all meetings, including this hearing.
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Staff have received numerous public comments on the project (Exhibit 9). Major themes contained within
these comments include concerns regarding building height, traffic impacts to Shaver Street, and impacts
to street parking spaces.
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 Resolution
2. Architectural Plans, dated 2/22/2023
3. Civil Engineering Plans, dated 1/27/2023
4. Local Traffic Analysis, prepared by AMG, dated December 2022
5. CEQA Infill Exemption Memo, dated 4/5/2023
6. General Plan Consistency Table
7. Zoning Ordinance Consistency Table
8. Stormwater Control Plan, dated 10/28/2022
9. Public Comments
EXHIBIT 1
RESOLUTION NO. 23-XX
RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION APPROVING AN
ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED22-016) FOR A NEW MIXED-
USE BUILDING WITH 162 RESIDENTIAL UNITS AND 8,900 SQUARE FEET OF
GROUND FLOOR COMMERCIAL SPACE LOCATED AT 1515 4TH STREET
(APN 011-245-41)
WHEREAS, the City of San Rafael received an application on March 10, 2022 for an
Environmental and Design Review Permit (PLAN22-039, ED22-016) for a new mixed-use building
with 162 residential units and 8,900 square feet of ground floor commercial space at 1515 4th
street in the T4MS 50/70 and the T4N 40/50 zoning districts; and
WHEREAS, on March 16, 2023, staff deemed the application complete; and
WHEREAS, on March 7, 2023, the project was reviewed by the Design Review Board at
a duly noticed public hearing and the DRB recommended approval of the project design, with a
condition; and
WHEREAS, on April 11, 2023, the San Rafael Planning Commission held a duly noticed
public hearing on the proposed 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.
NOW THEREFORE BE IT RESOLVED, the Planning Commission makes the following
findings relating to Environmental and Design Review (ED22-016).
ENVIRONMENTAL AND DESIGN REVIEW FINDINGS
(ED22-016)
A. The project design is in accord with the general plan, the objectives of the zoning
ordinance and the purposes of this chapter:
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The site is designated as Downtown Mixed Use on the General Plan 2040 Land Use Map
which allows for residential and commercial 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 6.
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:
On March 7, 2023, 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 a condition of approval.
C. The project design minimizes adverse environmental impacts:
The Project qualifies for a California Environmental Quality Act (CEQA) infill exemption
pursuant to Title 14 of the California Code of Regulations Section 15332 (“CEQA Guidelines
15332”), because the project meets the criteria provided below and further elaborated in the
CEQA Infill Exemption Memorandum for the project, dated April 5, 2023:
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 permitted in the T4MS and T4N zoning
districts. The project is consistent with the General Plan, as detailed in the General
Plan Consistency Table (Exhibit 6 of the staff report), Zoning Ordinance as detailed in
the Zoning Ordinance Consistency Table (Exhibit 7 of the staff report), and Downtown
Precise Plan as detailed in the Staff Report. 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 0.88 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.
The Project site is located in Downtown San Rafael and is surrounded by urban
development. As shown on the San Rafael General Plan 2040 map of Special Status
Species (Figure 6-3), there are no known special status species within the project
boundaries. Furthermore, the Project site is a developed site, fully graded, paved, and
occupied with an existing vacant office/retail structure and vegetation is limited to
ornamental trees, shrubs, and groundcovers. Accordingly, the 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.
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Traffic. The project would not result in any significant effects relating to traffic, as
confirmed by the Local Transportation Analysis prepared by Advanced Mobility Group
for the project, dated December 2022.
Noise. The Project would not result in any significant effects relating to noise as
confirmed by the 1515 Fourth Street Mixed-Use Residential Project Noise and
Vibration Assessment prepared by Illingworth & Rodkin, Inc, dated January 2023.
Air Quality. No significant air quality impacts would occur from the project since the
project is below the screening criteria in the Bay Area Air Quality Management District
(BAAQMD) CEQA Guidelines for air quality impacts. No significant greenhouse gas
(GHG) impacts would occur pursuant to the BAAQMD CEQA Threshold for Evaluating
the Significance of Climate Impacts, dated April 2022, since the project is consistent
with a local GHG Reduction Strategy and since the project meets the following criteria:
• It will not include natural gas appliances or natural gas plumbing and will not
result in wasteful use of energy as it will be consistent with the most recent
building requirements for energy efficiency.
• The project will be consistent with Title 24 building efficiency standards, will
comply with the California Energy Commission’s standards for lighting
efficiency, and will comply with lighting standards.
• The project will not result in significant VMT impacts, as discussed in the Local
Traffic Analysis prepared for the project, and will be required to comply with
off-street electric vehicle (EV) requirements in the most recently adopted
version of CALGreen Tier 2C.
per the City of San Rafael’s Environmental Impact Report for the Downtown Precise
Plan and San Rafael General Plan 2040 (“EIR”), which addressed greenhouse gas
impacts associated with land use developments in San Rafael that are consistent with
the General Plan update and the Downtown Precise Development Plan.
Water Quality. According to the Stormwater Control Plan, the site currently has
36,024 square feet of impervious surface. The post-project impervious surface area
will be 34,848 which will allow for more onsite infiltration. Additionally, the proposed
project includes Low Impact Development (LID) Design Strategies and the creation of
a Drainage Management Area. Further, the proposed mixed-use project will include
office, retail, and residential activities which will not introduce new types of pollutants
on site. As such, the proposed project will not have a significant effect on water quality.
e. The site can be adequately served by all required utilities and public services.
The Project site is located within the City of San Rafael and would continue to be
adequately served by City and regional services. Pacific Gas & Electric has provided
a will-serve letter for the Project. The Property is currently being served and water
service will continue to be provided by the Marin Municipal Water District (MMWD),
though the purchase of additional water allotment will be required. Furthermore, the
EIR prepared for the Downtown Precise Plan concluded that MMWD will have
sufficient water supply to meet the demand for buildout of the San Rafael Downtown
Precise Plan.
Wastewater service will be provided by the San Rafael Sanitation District. The EIR
concluded that the wastewater demand for the Downtown Precise Plan Area will not
exceed the permitted capacity of the Central Marin Sanitation Agency’s wastewater
treatment plant.
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In addition, none of the following exceptions to the categorical exemption apply, as listed in
CEQA Guidelines Section 15300.2:
• Location. Section 15300.2(a) does not apply to a Class 32 infill exemption.
• Cumulative Impact. Section 15300.2(b) does not apply as there is no evidence of a
potential significant cumulative impact because successive projects of the same type in
the same place have not been approved and are not currently contemplated or proposed.
Furthermore, development of the site as well as development throughout the city was
analyzed in the City of San Rafael’s EIR which concluded that buildout under the General
Plan and Downtown Precise Plan would result in cumulative impacts. These impacts have
been previously analyzed and the City adopted a statement of overriding considerations.
The project will be subject to all applicable mitigation measures contained in the EIR for
the General Plan and Downtown Precise Plan and as such, this exception does not apply
to the project.
• Significant Effect and Unusual Circumstances. This exception has 2 prongs:
o Whether the project presents unusual circumstances; and
o Whether there is a reasonable possibility of a significant effect on the environment
due to those unusual circumstances.
There is nothing unusual about the project. It is proposed on an existing infill site
that is substantially developed on all sides. There is no sensitive habitat or
sensitive areas on or around the site. Further, the General Plan/Precise Plan EIR
specifically notes that the increase of downtown higher density development would
not have a significant effect.
• Scenic Highways. The project site is not in proximity or visible to any designated scenic
highway or highway eligible for designation based on the State of California’s Scenic
Highway program. Therefore, this exception does not apply to the project.
• Hazardous Waste Sites. The site is not a state designated hazardous waste site. A
search of the State Water Resources Control Board GeoTracker site did not reveal any
Leaking Underground Storage Tank (LUST) projects on the site nor did it indicate that
there were any other Cleanup Program Sites. Additionally, a review of California
Department of Toxic Substances Control EnviroStor database which lists all hazardous
waste sites including Superfund sites, State Response Sites did not show any listings for
1515 4th St in San Rafael. Therefore, this exception does not apply to the project.
• Historical resources. There are no historical resources located on the proposed project
site. The existing building on the site was constructed in 1985. It does not contain any
unique architectural features nor have any community significance. The City recently
updated the list of historic resources in the Precise Plan and the Project site is not
identified as a historic resource. Therefore, this exception does not apply to the project.
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.
The project has been reviewed by various departments of 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. In addition, the project will be
built in accordance with the applicable California Building Code.
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ENVIRONMENTAL AND DESIGN REVIEW CONDITIONS OF APPROVAL
(ED22-016)
Planning Division
1. This Environmental and Design Review Permit approves a new mixed-use building with 162
residential units and 8,900 square feet of ground floor commercial space at 1515 4th Street.
Plans submitted for building permit shall be in substantial conformance to the plans approved
April 11, 2023 with regard to building techniques, materials, elevations, and overall project
appearance except as modified by these conditions of approval. 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.
2. Permit Validity. This Permit shall become effective on 4/19/2023 and shall be valid for a period
of two (2) years from the date of final approval, or 4/19/2025, and shall become null and void
if a building permit is not issued or a time extension is not applied for prior to the expiration
date. A permit for the construction of a building or structure is deemed exercised when a valid
City building permit, if required, is issued, and construction has lawfully commenced. A permit
for the use of a building or a property is exercised when, if required, a valid City business
license has been issued, and the permitted use has commenced on the property.
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 provide a different color and/or material for the two building
corner columns facing 4th Street and the center building column facing 4th street from
the color and material proposed for the rest of the building columns.
4. Plans shall demonstrate compliance with regulations set forth in San Rafael Municipal Code
(SRMC) Section 14.16.320, requiring a minimum setback of five feet from the property line for
all mechanical equipment.
5. All exterior lighting shall be energy efficient where feasible; and shielded and directed
downward and away from property lines to conceal light sources from view off-site and avoid
spillover onto adjacent properties pursuant to SRMC §14.16.227. 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.
6. All landscaping shall be maintained in good condition and any dead or dying plants, bushes,
trees, or groundcover plantings shall be replaces with new healthy stock of a size appropriate
and compatible with the remainder of the growth at the time of replacement.
7. Prior to issuance of permits or authorization to proceed, the applicant must provide written
verification of final landscape and irrigation plan approval from the Marin Municipal Water
District (MMWD). All landscaping and irrigation must meet the MMWD water conservation
rules and regulations. The landscape plans and supportive materials shall also be provided
and designed to comply with the Water Efficient Landscape requirements of San Rafael
Municipal Code Section 14.16.370 and MMWD Ordinance No. 414 (including amendments),
if applicable.
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8. Avoid Disturbance of Nesting Birds. Initial site disturbance activities, including vegetation and
concrete removal, shall be prohibited during the general avian nesting season (February 1 to
August 30), if feasible. If nesting season avoidance is not feasible, the applicant shall retain a
qualified biologist to conduct a preconstruction nesting bird survey to determine the
presence/absence, location, and activity status of any active nests on or adjacent to the
project site. The extent of the survey buffer area surrounding the site shall be established by
the qualified biologist to ensure that direct and indirect effects to nesting birds are avoided.
To avoid the destruction of active nests and to protect the reproductive success of birds
protected by the MBTA and CFGC, nesting bird surveys shall be performed not more than 14
days prior to scheduled vegetation and concrete removal. In the event that active nests are
discovered, a suitable buffer (typically a minimum buffer of 50 feet for passerines and a
minimum buffer of 250 feet for raptors) shall be established around such active nests and no
construction shall be allowed inside the buffer areas until a qualified biologist has determined
that the nest is no longer active (e.g., the nestlings have fledged and are no longer reliant on
the nest). No ground- disturbing activities shall occur within this buffer until the qualified
biologist has confirmed that breeding/nesting is completed and the young have fledged the
nest. Nesting bird surveys are not required for construction activities occurring between
August 31 and January 31.
9. Archaeological Resources (Ongoing throughout demolition, grading, and/or construction).
Pursuant to CEQA Guidelines section 15064.5(f), “provisions for historical or unique
archaeological resources accidentally discovered during construction” should be
instituted. Therefore:
A. In the event that any prehistoric or historic subsurface cultural resources are
discovered during ground disturbing activities, all work within 50 feet of the resources
shall be halted and the project applicant and/or lead agency shall consult with a
qualified archaeologist, historian or paleontologist to assess the significance of the
find.
B. If any find is determined to be significant, representatives of the project proponent
and/or lead agency and the qualified professional would meet to determine the
appropriate avoidance measures or other appropriate measure, with the ultimate
determination to be made by the City of San Rafael. All significant cultural materials
recovered shall be subject to scientific analysis, professional museum curation, and/or
a report prepared by the qualified professional according to current professional
standards.
C. In considering any suggested measure proposed by the qualified professional, the
project applicant shall determine whether avoidance is necessary or feasible in light of
factors such as the uniqueness of the find, project design, costs, and other
considerations.
D. If avoidance is unnecessary or infeasible, other appropriate measures (e.g., data
recovery) shall be instituted. Work may proceed on other parts of the project site
while mitigation measures for cultural resources is carried out.
E. If significant materials are recovered, the qualified professional shall prepare a report
on the findings for submittal to the Northwest Information Center.
10. Human Remains (Ongoing throughout demolition, grading, and/or construction). In the event
that human skeletal remains are uncovered at the project site during ground-disturbing
activities, all work shall immediately halt and the Marin County Coroner shall be contacted to
evaluate the remains, and following the procedures and protocols pursuant to Section 15064.5
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(e)(1) of the CEQA Guidelines. If the County Coroner determines that the remains are Native
American, the City shall contact the California Native American Heritage Commission
(NAHC), pursuant to subdivision (c) of Section 7050.5 of the Health and Safety Code, and all
excavation and site preparation activities shall cease within a 50-foot radius of the find until
appropriate arrangements are made. If the agencies determine that avoidance is not feasible,
then an alternative plan shall be prepared with specific steps and timeframe required to
resume construction activities. Monitoring, data recovery, determination of significance and
avoidance measures (if applicable) shall be completed expeditiously.
11. Paleontological Resources (Ongoing throughout demolition, grading, and/or construction). In
the event of an unanticipated discovery of a paleontological resource during construction,
excavations within 50 feet of the find shall be temporarily halted or diverted until the discovery
is examined by a qualified paleontologist (per Society of Vertebrate Paleontology standards
[SVP 1995,1996]). The qualified paleontologist shall document the discovery as needed,
evaluate the potential resource, and assess the significance of the find. The paleontologist
shall notify the appropriate agencies to determine procedures that would be followed before
construction is allowed to resume at the location of the find. If the City determines that
avoidance is not feasible, the paleontologist shall prepare an excavation plan for mitigating
the effect of the project on the qualities that make the resource important, and such plan shall
be implemented. The plan shall be submitted to the City for review and approval.
12. Halt Work/Unanticipated Discovery of Tribal Cultural Resources. In the event that cultural
resources of Native American origin are identified during construction, all work within 50 feet
of the discovery shall be redirected. The project applicant and project construction contractor
shall notify the City Planning Department within 24 hours. The City will again contact any tribes
who have requested consultation under AB 52, as well as contact a qualified archaeologist,
to evaluate the resources and situation and provide recommendations. If it is determined that
the resource is a tribal cultural resource and thus significant under CEQA, a mitigation plan
shall be prepared and implemented in accordance with State guidelines and in consultation
with Native American groups. If the resource cannot be avoided, additional measures to avoid
or reduce impacts to the resource and to address tribal concerns may be required.
13. Plans submitted for building permit shall incorporate all recommendations included in the
Noise and Vibration Assessment, prepared for the project by Illingworth & Rodkin, Inc. on
January 30, 2023.
14. Plans submitted for building permit shall incorporate all recommendations included in the
Local Transportation Analysis prepared by Advanced Mobility Group, dated December 2022.
15. The project is required to provide thirteen (13) residential units as affordable to very low-
income households (those earning between 30% and 50% of the Area Median Income), as
proposed by the applicant pursuant to State Density Bonus Law. As a result, the project also
complies with affordable housing requirements prescribed in Section 14.16.030 of the San
Rafael Zoning Ordinance, City Council Resolution 14890, and City Council Resolution 14891.
a. Prior to issuance of a building permit, a Below Market Rate (BMR) agreement for the
thirteen (13) affordable units shall be approved by the Community Development
Director and recorded on the property.
16. Bicycle Parking. The project is required to provide 205 long term bicycle parking spaces. A
bike room for 116 bicycle spaces is proposed on Level P1. There are 89 bicycle parking
spaces proposed along the walls in front of parking spaces in Level P2 and Level P1. A bicycle
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shall be able to be individually locked to any of the bicycle parking spaces in the proposed
bike room.
17. Prior to Issuance of Building Permits, the applicant shall pay all outstanding Planning Division
application processing fees.
18. 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.
Building Division
19. The design and construction of all site alterations shall comply with the latest adopted Building
Codes in effect at time of building permit submission. Currently the following codes are
adopted: 2022 California Building Code (CBC), 2022 California Plumbing Code (CPC), 2022
California Electrical Code (CEC), 2022 California Mechanical Code CCMC), 2022 California
Fire Code (CFC), 2022 California Energy Code, 2022 California Green Building Standards
Code and City of San Rafael Ordinances and Amendments
20. 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
• Green Building documentation
• Title-24 energy documentation
21. The occupancy classification, construction type and square footage of each building shall be
specified on the plans. In mixed occupancies, each portion of the building shall be individually
classified.
22. The occupancy classification, construction type and square footage of each building shall be
specified on the plans in addition to justification calculations for the allowable area of each
building. Site/civil plans prepared by a California licensed surveyor or engineer clearly
showing topography, identifying grade plane and height of the building.
23. This building contains several different occupancy types. Individual occupancies are
categorized with different levels of hazard and may need to be separated from other
occupancy types for safety reasons. Under mixed-occupancy conditions the project architect
has available several design methodologies (accessory occupancies, nonseparated
occupancies, and separated occupancies) to address the mixed-occupancy concerns.
24. Building height and story must comply with CBC Section 504. On the plan justify the proposed
building area and height.
25. Building areas are limited by CBC Table 506.2. On plan justify the proposed building area.
26. 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
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“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.
27. Buildings located 4 or more stories above grade plane, one stairwell must extend to the roof,
unless the roof slope exceeds an angle of 4 vertical to 12 horizontal CBC 1011.12.
28. 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.
29. 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.
30. Prior to building permit issuance for the construction of each building, geotechnical and civil
pad certifications are to be submitted.
31. 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.
32. 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. 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.
b. 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.
c. More than 12 inches into areas where openings are prohibited.
33. Walls separating purposed tenant space from existing neighboring tenant spaces must be a
minimum of 1-hour construction.
34. All site signage as well as wall signs require a separate permit and application (excluding
address numbering).
35. You must apply for a new address for this building from the Building Division.
36. In the parking garage, mechanical ventilation will be required capable of exhausting a
minimum of .75 cubic feet per minute per square foot of gross floor area CMC Table 4-4.
37. In the parking structure, in areas where motor vehicles are stored, floor surfaces shall be of
noncombustible, nonabsorbent materials. Floors shall drain to an approved oil separator or
trap discharging to sewers in accordance with the Plumbing Code and SWIPP.
38. All repair garages require oil and flammable liquid interceptor per CPC Section 1017 and CFC
Section 2211.2.3 for drainage and disposal of liquids and oil-soaked waste. For minor change
in use, the requirement for a separator might be waived where the applicant institutes (a) an
EPA “Preferred Floor Cleanup Method” and (b) berms are placed at doors.
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39. Repair garages shall be mechanically ventilated. The ventilation system shall be controlled at
the entrance to the garage CBC 406.6.3.
40. Each building shall be provided with sanitary facilities per CPC Sec 412 and Table 4-1
(including provisions for persons with disabilities). Separate facilities shall be required for each
sex.
41. In accordance with California Plumbing Code section 422.2, separate toilet facilities shall be
provided for each sex. Except: 1) residential installations. 2) In occupancies with a total
occupant load of 10 or less, including customers and employees, one toilet facility designed
for use by no more than one person at a time, shall be permitted for use by both sexes. 3) In
business and mercantile occupancies with a total occupant load of 50 or less, including
customers and employees, one toilet facility designed for use by no more than one person at
a time, shall be permitted for use by both sexes.
42. Facilities in mercantile and business occupancies, toilet facility requirements for customers
and employees shall be permitted to be met with a single set of restrooms accessible to both
groups. The required number of fixtures shall be the greater of the required number for
employees or the required number for customers. Fixtures for customer use shall be permitted
to be met by providing a centrally located toilet facility within a distance not to exceed 500
feet. In stores with a floor area of 1,500 square feet or less the requirement to provide facilities
for employees shall be permitted to be met by providing a centrally located toilet facility within
distance not to exceed 300 feet.
43. Minimum elevator car size (interior dimension) 60” wide by 30” deep with an entrance opening
of at least 60” or a car size of 42” wide by 48” deep with an entrance opening of 36” or a car
size of 60” wide by 36” deep with an entrance opening of at least 36”.
44. All buildings with one or more elevators shall be provided with not less than one medical
emergency service elevator. The medical emergency service elevator shall accommodate the
loading and transport of an ambulance gurney or stretcher. The elevator car size shall have a
minimum clear distance between walls and door excluding return panels not less than 80
inches by 54 inches and a minimum distance from wall to return panel not less than 51 inches
with a 42-inch side slide door.
45. A minimum of two exits, with proper separation, are required from the third floor of each unit.
The exits must located a distance apart equal to not less than one half of the length of the
maximum overall diagonal dimension of the area served.
46. Check required exits and exit separation for parking level p2.
47. In the service areas, mechanical ventilation will be required capable of exhausting a minimum
of 1.5 cubic feet per minute per square foot of gross floor area. Connecting offices, waiting
rooms, restrooms, and retail areas shall be supplied with conditioned air under positive
pressure.
48. The proposed facility shall be designed to provide access to the physically disabled. For
existing buildings and facilities when alterations, structural repairs or additions are made,
accessibility improvements for persons with disabilities shall be required unless CASP report
states compliant. Improvements shall be made, but are not limited to, the following accessible
features:
a. Path of travel from public transportation point of arrival
b. Routes of travel between buildings
c. Accessible parking
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d. Ramps
e. Primary entrances
f. Sanitary facilities (restrooms)
g. Drinking fountains & Public telephones (when provided)
h. Accessible features per specific occupancy requirements
i. Accessible special features, i.e., ATM's point of sale machines, etc.
49. The site development of items such as common sidewalks, parking areas, stairs, ramps,
common facilities, etc. are subject to compliance with the accessibility. Pedestrian access
provisions should provide a minimum 48" wide unobstructed paved surface to and along all
accessible routes. Items such as signs, meter pedestals, light standards, trash receptacles,
etc., shall not encroach on this 4' minimum width. Also, note that sidewalk slopes and side
slopes shall not exceed published minimums. The civil, grading and landscape plans shall
address these requirements to the extent possible.
50. The parking garage ceiling height shall have a minimum vertical clearance of 8’ 2” where
required for accessible parking.
51. Multifamily dwelling and apartment accessible parking spaces shall be provided at a minimum
rate of 2 percent of the covered multifamily dwelling units. At least one space of each type of
parking facility shall be made accessible even if the total number exceeds 2 percent.
52. When parking is provided for multifamily dwellings and is not assigned to a resident or a group
of residents, at least 5 percent of the parking spaces shall be accessible and provide access
to grade-level entrances of multi family dwellings and facilities (e.g. swimming pools, club
houses, recreation areas and laundry rooms) that serve the dwellings. Accessible parking
spaces shall be located on the shortest accessible route to an accessible building, or dwelling
unit entrance.
53. Public accommodation disabled parking spaces must be provided according the following
table and must be uniformly distributed throughout the site:
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54. At least one disabled parking space must be van accessible; 9 feet wide parking space and 8
feet wide off- load area. Additionally, one in every eight required handicap spaces must be
van accessible.
Fire Department
55. 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.
56. Deferred Submittals for the following fire protection systems shall be submitted to the Fire
Prevention Bureau for approval and permitting prior to installation of the systems:
a. Fire Sprinkler plans (Deferred Submittal to the Fire Prevention Bureau)
b. Fire Standpipe plans (Deferred Submittal to the Fire Prevention Bureau)
c. Fire Underground plans (Deferred Submittal to the Fire Prevention Bureau)
d. Fire Alarm plans (Deferred Submittal to the Fire Prevention Bureau)
Fire Prevention reserves the right due to the size and scope of this project to utilize an outside
plan check consultant for fire protection system review with review costs billed to the project
owner.
57. The fire apparatus access roadways must conform to all provisions in CFC Section 503 and
Appendix D.
58. A Fire Command Center required as per CFC section 508.
59. The building is to be equipped with Emergency Responder Radio Coverage as per CFC 510.
60. A Fire Construction Plan is required prior to any work. See attached. Returned a signed copy
to the Fire Prevention Bureau.
61. A temporary standpipe system is required during construction as per CFC 3313.
62. A fire apparatus access plan shall be prepared for this project. Fire apparatus plan shall show
the location the following:
a. Designated fire apparatus access roads.
b. Red curbs and no parking fire lane signs.
c. Fire hydrants both public and private.
d. DAS Emergency Responder Radio Coverage - notation of intent to install.
e. Fire Department Connection (FDC) location.
f. Double detector check valve location.
g. Standpipe locations.
h. Temporary standpipe during construction location.
i. Stairway to roof location.
j. Street address signage.
k. Recessed Knox Box(s)
l. Construction key box locations or note the use of Knox padlocks.
m. Fire Alarm main and annunciator panels.
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n. NFPA 704 placards – if needed.
o. Provide a note on the plan as follows: The designated fire apparatus access roads and
fire hydrant(s) shall be installed and approved by the Fire Prevention Bureau prior
construction of the building.
p. Provide a note on the plan that all fire protection equipment will be properly labeled
and identified.
q. Note on plans – 24 hour emergency contact will be posted.
63. A Knox Box is required at the primary point of first response to the building. 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/
64. A Knox key switch is required for driveway or access road automatic gates.
https://www.knoxbox.com/gate-keys-and-padlocks/
65. If onsite fire hydrants are required, the type is as follows: Residential model: Clow 950.
Commercial Model: Clow 960. The Prevention Bureau will identify the locations.
66. When additions or alterations are made, the nearest existing fire hydrant bodies shall be
upgraded. Residential model: Clow 950. Commercial Model: Clow 960.
67. 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.
a. The minimum width of the fire apparatus access road is 20-feet.
b. The minimum inside turning radius for a fire apparatus access road is 28 feet.
c. The fire apparatus access road serving this building is more than 150-feet in length;
provide an approved turn-around. Contact the Fire Prevention Bureau for specific
details.
68. 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.
a. The Aerial apparatus access roadway shall be located within a minimum 15 feet and
a maximum of 30 feet from the building and shall be along one entire side.
b. The minimum unobstructed width for an aerial fire apparatus access road is 26-feet.
c. Overhead utility and power lines shall not be located within the aerial fire apparatus
access roadway, or between the roadway and the building.
69. Fire lanes must be designated; painted red with contrasting white lettering stating, “No Parking
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.
70. If required, a Hazardous Materials Placards shall be installed in accordance with NFPA 704.
71. If required, provide a Hazardous Materials Management Plan to be submitted to Marin County
Department of Public Works, CUPA
72. 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
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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.
73. Contact the Marin Municipal Water District (MMWD) to make arrangements for the water
supply serving the fire protection systems
Department of Public Works
74. Prior to issuance of a building permit, the applicant shall pay a traffic mitigation fee for 60 net
new AM trips and 61 net new PM trips for a total of 121 peak-hour trips at the current fee of
$5,674/trip for a total amount of $686,554. The current rate is $5,674 per trip. The current rate
is valid until January 1, 2024.
75. A storm drain profile detailing the connection between the private property and storm drain
pipe will be required prior to building permit issuance to ensure the proposed connection does
not conflict with existing infrastructure.
76. Prior to issuance of building permit please submit a separate set of drawings detailing the
improvements in the public right-of-way (ROW) for DPW review and approval. (e.g.,
sidewalks, pavement restoration, driveway approach, lighting). At a minimum, we anticipate
pavement restoration (2”-thick grind and overlay) will be required along the property frontage
on Shaver, 4th, and E Streets. The limits of pavement restoration will be finalized near the
end of the construction based on field conditions.
77. Prior to issuance of a building permit, please submit a photometric analysis of the public ROW
adjacent to the project site.
78. All backflow preventers, fire department connections (FDC), and other above ground utility
structures shall be placed on private property.
79. A design-level geotechnical report will be required prior to issuance of a building permit.
80. Prior to issuance of a building permit, please provide a plan review letter from the geotechnical
engineer of record confirming that the project structural and civil drawing sets are in
conformance with their recommendations.
81. This project is considered a regulated project. Therefore, the following documents are
required in addition to the stormwater control plan:
a. Stormwater Facilities Operations and Maintenance (O&M) Plan – A short written
document and exhibit outlining facilities on-site and maintenance activities and
responsibilities for property owners. The maintenance plan shall include the
manufactures recommended maintenance practices, designated parties of
responsible for upkeep, specify funding source for ongoing maintenance with
provisions for full replacement when necessary and provide a site specific inspection
checklist. (Provide prior to occupancy)
b. Operations and Maintenance Agreement – A formal agreement between the property
owner and the city that shall be recorded with the property deed prior to occupancy.
(Provide prior to occupancy)
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82. In accordance with Section E.12.e of the NPDES MS4 permit Non-LID Facilities need to show
equivalent effectiveness to bioretention areas in the following areas:
a. Equal or greater amount of runoff infiltrated or evapotranspired.
b. Equal or lower pollutant concentrations in runoff that is discharged after biotreatment
c. Equal or greater protection against shock loadings and spills
d. Equal or greater accessibility and ease of inspection and maintenance
The Stormwater Control Plan must include as an attachment a letter from the manufacturer
stating the manufacturer has reviewed the Plan, the proposed device meets these technical
criteria, and the manufacturer will provide a warranty for two years following activation of the
facility Refer to the Technical Criteria for Non-LID Treatment Facilities handout found on the
MCSTOPPP website: https://mcstoppp.org/2020/03/new-and-redevelopment/
83. A construction management plan shall be provided for review and approval by the City prior
to issuance of building permit or grading permit.
84. Prior to start of construction, a grading permit shall be required from the Department of Public
Works. Applications can be found on the City’s website:
https://www.cityofsanrafael.org/grading-permits/
85. An encroachment permit is required from the Department of Public Works prior to conducting
any work within or any time the public ROW is restricted. Encroachment permits can be
applied for online on the City of San Rafael website:
https://www.cityofsanrafael.org/encroachment-permits/
86. 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
87. On sheet C3.0, show the new and/or existing sewer laterals including size/material type and
length from the building to the street. If existing sewer lateral will be removed/abandoned,
please show on the plans.
88. Indicate a cleanout/backflow prevention device no further than 2-ft from the foundation of the.
Note that the Contra Costa-type backflow device with a 2-way cleanout is preferred.
89. In order for the District to determine sewer connection fees, please provide a fixture count
table detailing all existing and new drainage fixtures and their corresponding Drainage Fixture
Units (DFU) for commercial/retail spaces. Fixture unit counts shall be pursuant to Table 702.1
of the 2019 CPC.
90. Provide the capacity calculations required to clarify size of the proposed sewer laterals is
sufficient.
91. Provide a profile of the proposed sewer laterals from the building to the existing sewer main
connection point.
92. Please be apprised of the following:
a. Any exterior sanitary sewer-related work shall be performed in accordance with the
San Rafael Sanitation District (SRSD) Standard Plans and Specifications.
b. A sewer permit from the San Rafael Sanitation District is required independent of a
building permit for all proposed sewer lateral work outside the dwelling footprint. The
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property owner or authorized agent shall apply for a sewer permit online or contact
SRSD for more information at (415) 454-4001 prior to the start of work.
c. Pursuant to District Ordinance No. 56, a sewer connection fee may be imposed prior
to issuance of the building permit.
d. Be apprised that cleanout is required at every 90-ft and 45° bent on all existing and
proposed SS pipes.
The foregoing Resolution was adopted at the regular City of San Rafael Planning Commission
meeting held on the 11th day of April, 2023. 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:
Alicia Giudice, Secretary Chair