HomeMy WebLinkAboutZoning Administrator Hearing 2024-04-17 Agenda PacketZoning Administrator Hearing
Wednesday, April 17, 2024
10:00 AM
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Agenda
1. 709 C Street. APN: 012-073-10: File Number: PLAN21-021
Request for Extension of Time for Environmental and Design
Review Permit (ED21-045). The project consists of the
development of four-unit, three-story townhouses, and associated
site and landscaping improvements located at 709 C Street
2. Adjournment
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Community Development Department –
Planning Division
Meeting Date: April 17, 2024
Project Number(s): PLAN24-025/ED21-045
Project Planner: Kavitha Kumar,
Contract Planner
Agenda Item: 1
REPORT TO ZONING ADMINISTRATOR
SUBJECT: 709 C Street.
Request for Extension of Time for a currently valid Environmental and Design
Review Permit (ED21-045); for the development of four-unit, three-story
townhouses, and associated site and landscaping improvements located at 709 C
Street; APN: 012-073-10; File Number: PLAN21-021
EXECUTIVE SUMMARY
Pursuant to San Rafael Municipal Code (SRMC) Section 14.25.150, an environmental and design
review permit may be extended prior to the established expiration dates with the approval of the
zoning administrator if the respective findings remain valid and there have been no substantial
changes to the approved project. The applicant is requesting that the following approved entitlement
be extended:
• Current Environmental and Design Review Permit (ED21-045/PLAN21-021)
Conditionally Approved: May 23, 2022
Set to Expire: June 2, 2024
• Request for Extension (PLAN24-025)
Application: February 21, 2024
Hearing Date: April 17, 2024
PROJECT DESCRIPTION
The project consists of four new three-story townhomes and associated site and landscaping
improvements. This application is a request for an extension of time to the previously
approved Environmental and Design Review Permit (ED21-045/PLAN21-021). The original
entitlement will expire on June 2, 2024. This request includes no substantial changes to the
proposed project.
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In terms of administrative changes to the original entitlement, in addition to updating the dates
in the conditions of approval, Staff is also correcting a scrivener’s error to condition of
approval #11 to clarify the process described therein.
FINDINGS
The following tables reference the findings previously made to approve ED21-045 and denote if
the finding remains valid.
Findings for Environmental and Design Review Permit (ED21-045)
CEQA Finding
Yes VALID
The project is categorically exempt from
the provisions of the California
Environmental Quality Act (CEQA) and
none of the exceptions of Section
15300.2 apply.
X YES Section 15332 (“Infill Development Projects”)
Environmental and Design Review Permit (SRMC §14.25.090)
Yes VALID
Finding A
That the project design is in
accord with the general plan,
the objectives of the zoning
ordinance and the purposes of
this chapter:
X YES The proposed project is consistent with the following
General Plan policies:
A)
i. Policy LU-3.2 (New Development in Residential
Neighborhoods). The project enhances the
neighborhood image by proposing four townhomes on
an existing parking lot that are well articulated buildings
with high quality materials, along with proposed
landscaping at the front of the site.
ii. Policy H-2 (Design that Fits into the Neighborhood
Context). The project respects the existing single-family
house immediately north of the project site by locating
the proposed townhomes on the southern and western
portions of the project site.
iii. Housing Element Goal 4 (A Diverse Housing Supply).
The project proposes four new townhomes in a
neighborhood with a predominant mixture of multifamily
rental units, single family houses, and commercial uses.
Thus, the project increases the housing supply and
provides an uncommon housing product type (for sale
multifamily units).
B) Consistency with Specific Plans. The project is located in
the T4N 40/50 district within the Downtown Precise Plan
(DPP). The project is , or will be required to be, consistent
with many of the development standards in the DPP
including but not limited to vehicle parking, bicycle parking,
and massing and façade articulation standards. The project
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does not comply with some standards of the DPP such as
required setbacks and building stepbacks. However, these
standards for T4N 40/50 are more restrictive than those that
existed when this site was zoned as Residential/Office
(R/O), prior to August 2021 when the DPP was adopted.
Pursuant to Senate Bill 330 and Government Code Section
66300(b)(1)(A), a local agency cannot enforce development
standards in a specific plan adopted after January 1, 2020
that reduces the intensity of land use within an existing
zoning district. Therefore, the more restrictive setback and
building stepback provisions in the DPP cannot be enforced
for this project site and do not apply to this project. Pursuant
to the T4N 40/50 district, a total of 10 bicycle spaces are
required for this project.
C) Pursuant to Section 1.1.060 of the DPP, a new building
up to 40 feet in overall height is subject to a Minor
Environmental and Design Review Permit. Pursuant to San
Rafael Municipal Code Section 14.25.020.B, the zoning
administrator is responsible for making determinations on
Minor Environmental and Design Review Permits.
There are no significant changes to the General Plan or
Zoning Ordinance that would impact previous findings.
Therefore, this finding remains valid.
Finding 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:
X YES A) Consistency with Zoning. The project is located in the
T4N 40/50 district within the Downtown Precise Plan
(DPP). The proposed four new townhomes are
permitted use in the T4N 40/50 district. The project is, or
will be required to be, consistent with many of the
development standards in the DPP including but not
limited to vehicle parking, bicycle parking, and massing
and façade articulation standards. The project does not
comply with some standards of the DPP such as
required setbacks and building stepbacks. However,
these standards for T4N 40/50 are more restrictive than
those that existed when this site was zoned as
Residential/Office (R/O), prior to August 2021 when the
DPP was adopted. Pursuant to Senate Bill 330 and
Government Code Section 66300(b)(1)(A), a local
agency cannot enforce development standards in a
specific plan adopted after January 1, 2020 that reduce
the intensity of land use within an existing zoning district.
Therefore, the more restrictive setback and building
stepback provisions in the DPP cannot be enforced for
this project site and do not apply to this project.
The request for an extension does not include any
design revisions, and as such this finding remains
valid.
Finding C
That the project design
minimizes adverse
environmental impacts:
X YES A) The project site is a paved parking lot. Thus, the
proposed project will not affect any land that has not
already been disturbed.
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B) The proposed four new townhomes are a permitted use
in the T4N 40/50 district.
The request for an extension does not include any design
revisions, and as such this finding remains valid.
Finding D
That the project design will not
be detrimental to the public
health, safety or welfare, nor
materially injurious to
properties or improvements in
the vicinity.
X YES A) The project enhances the neighborhood image by
proposing four townhomes on an existing parking lot that
are well articulated buildings with high quality materials,
along with proposed landscaping at the front of the site.
The project respects the existing single-family house
immediately north of the project site by locating the
proposed townhomes on the southern and western
portions of the project site. Therefore, the project design
will not be detrimental to the public health, safety, or
welfare, nor materially injurious to properties or
improvements in the vicinity. This finding remains valid.
CONDITIONS OF APPROVAL
The following addresses conditions previously applied and updated conditions, including the vesting
dates adjusted:
Conditions for Environmental and Design Review Permit (ED21-045)
Planning Division Standard Conditions of Approval
1. Conditions Shall be Printed on Plans. The conditions of this Permit shall be printed on the second
sheet of each plan set submitted for a building permit pursuant to this Environmental and Design
Review Permit, under the title ‘Use Permit Conditions.’ Additional sheets may also be used if the
second sheet is not of sufficient size to list all of the conditions. The sheet(s) containing the conditions
shall be of the same size as those sheets containing the construction drawings; 8-1/2” by 11” sheets
are not acceptable.
2. Applicant Responsible for Compliance with Conditions. The applicant shall ensure compliance with
all of the following conditions, including submittal to the project planner of required approval
signatures at the times specified. Failure to comply with any condition may result in construction being
stopped, issuance of a citation, and/or modification or revocation of the Environmental and Design
Review Permit.
3. Plans and Representations Become Conditions. All information and representations, whether oral or
written, including the building techniques, materials, elevations and appearance of the project, as
presented for approval on plans, dated January 25, 2022, and on file with the Community
Development Department, Planning Division, shall be the same as required for the issuance of a
building permit, except as modified by these conditions of approval. Minor modifications or revisions
to the project shall be subject to review and approval by Planning staff. Modifications deemed not
minor by the Community Development Director may require review and approval as an amendment
to the Environmental and Design Review Permit by Planning staff.
4. Subject to All Applicable Laws and Regulations. The approved use and/or construction is subject to,
and shall comply with, all applicable City Ordinances and laws and regulations of other governmental
agencies. Prior to any construction, tenant improvement or installation of signage, the applicant shall
identify and secure all applicable permits from the Planning and Building Divisions, Public Works
Department and other affected City divisions and departments.
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5. Permit Validity. This Permit shall become effective on April 24, 2024 and shall be valid for a period
of two (2) years from the date of final approval, or April 24, 2026, and shall become null and void if a
building permit is not issued or a time extension granted by April 24, 2026. 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.
6. Construction Hours: Consistent with the City of San Rafael Municipal Code Section 8.13.050.A,
construction hours shall be limited to 7:00 a.m. to 6:00 p.m. Monday through Friday and 9:00 a.m. to
6:00 p.m. on Saturdays. Construction shall not be permitted on Sundays or City-observed holidays.
Construction activities shall include delivery of materials, hauling materials off-site; startup of
construction equipment engines, arrival of construction workers, paying of radios and other noises
caused by equipment and/or construction workers arriving at, or working on, the site.
7. Landscaping. Landscaping and irrigation must meet the Marin Municipal Water District's (MMWD)
water conservation rules and regulations. All existing landscaping damaged during construction shall
be replaced. All landscaping shall be maintained in a healthy and thriving condition, free of weeds
and debris. Any dying or dead landscaping shall be replaced in a timely fashion. No part of the existing
landscaping shall be removed, unless their removal has been reviewed and approved by the Planning
Division.
8. Exterior Lighting. All exterior lighting shall be energy efficient where feasible; and shielded and
directed downward and away from property lines to prevent excessive glare beyond the subject
property.
9. Bicycle Parking. A total of ten bicycle parking spaces shall be provided on the project site in the plans
for review and approval by the Community Development Director prior to issuance of a building
permit. A combination of bicycle parking spaces interior to the residential units and on the exterior of
the site will suffice.
10. Driveway Width. The driveway width shall be reduced to no less than a 12-foot-wide driveway at the
entryway and a curb cut of no less than 14 feet wide, for review and approval by the Community
Development Director prior to issuance of a building permit. If this proves to be infeasible or will affect
the viable turning radius of vehicles entering or leaving the site, the Community Development Director
may waive this condition of approval.
11. Condominium Map. Prior to issuance of the first building permit, the applicant shall receive the
appropriate approvals from the City for a Tentative Subdivision Map. A Final Subdivision Map is
required to be approved prior to the first Certificate of Occupancy for this project.
12. Affordable Housing. The project is required to provide a primary affordable housing requirement
pursuant to San Rafael Municipal Code Section 14.16.030 and City Council Resolution 14890. Prior
to issuance of a building permit, the applicant shall comply with the affordable housing requirement
by paying an in-lieu fee of forty percent of the applicable affordable housing in-lieu fee per unit at the
time of building permit issuance.
Public Works Conditions of Approval
13. The applicant shall pay a traffic mitigation for net new AM and PM trips. The current rate is $4,246
per trip. The proposed project has an estimated 2 peak hour AM trips and 3 peak hour PM trips
therefore, the estimated traffic mitigation fee would be (5*4,246) $21,230, due at the time of building
permit issuance.
14. 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.
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15. Please note that a design-level geotechnical report will be required prior to issuance of a building
permit.
16. This project includes more than 5,000 square feet of total impervious area replacement and creation
and therefore is considered a regulated project according to BASMAA standards. The following
documents are required to be provided in accordance with BASMAA and Marin County Stormwater
Pollution Prevention Program (MCSTOPPP) requirements:
a. Stormwater Control Plan – A short written document to accompany the plan set used primarily
for municipal review to verify compliance with stormwater treatment requirements. (Needed
to obtain building permit.)
b. 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 manufacture’s recommended
maintenance practices, designated parties 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).
c. 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).
Building Division Conditions of Approval
17. The design and construction of all site alterations shall comply with the 2019 California Residential
Code (CRC), 2019 California Building Code (CBC), 2019 California Plumbing Code (CPC), 2019
California Electrical Code (CEC), 2019 California Mechanical Code CCMC), 2019 California Fire
Code (CFC), 2019 California Energy Code, 2019 California Green Building Standards Code and City
of San Rafael Ordinances and Amendments.
18. A building permit is required for the proposed work. Applications shall be accompanied by
construction drawings to include: a. Architectural plans b. Structural plans c. Electrical plans d.
Plumbing plans e. Mechanical plans f. Site/civil plans (clearly identifying grade plane and height of
the building) g. Structural Calculations h. Truss Calculations i. Soils reports j. Green Building
documentation k. Title-24 energy documentation
19. 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.
20. You must apply for a new address for this building from the Building Division.
21. Each building must have address identification placed in a position that is plainly legible and visible
from the street or road fronting the property. Numbers painted on the curb do not satisfy this
requirement. In new construction and substantial remodels, the address must be internally or
externally illuminated and remain illuminated at all hours of darkness. Numbers must be a minimum
4 inches in height with ½ inch stroke for residential occupancies and a minimum 6 inches in height
with ½ inch stroke for commercial applications. The address must be contrasting in color to their
background SMC 12.12.20.
22. If proposed fencing exceeds 6' in height, a building permit is required.
23. Bollards must be placed in the garage to protect mechanical equipment, water heater, and washer
dryer from vehicular damage when located in the path of a vehicle.
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24. 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.
25. Prior to building permit issuance for the construction of each building, geotechnical and civil pad
certifications are to be submitted.
26. 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.
27. 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.
28. CRC Section 302 - Based on the distance to the property line, single family residential and their
associated accessory buildings, depending on whether the structure(s) have an automatic fire
sprinkler system, have specific requirements and limitations regarding:
a. Fire resistive rating of exterior walls
b. Projections of eaves and decks
c. Wall openings (doors and windows).
d. Generally, structures within 5 feet of the property line require additional review.
29. Show emergency and rescue openings from units 3 & 4 that comply with CBC 1030. It appears both
units have to pass under unit 3 to get to the public way.
30. Required Accessible Parking Spaces. 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.
31. Assigned Accessible Parking Spaces. When assigned parking spaces are provided for a resident or
a group of residents, at least 2 percent of the assigned parking spaces serving covered multifamily
dwelling units shall be accessible in each type of parking facility. At least one space of each type of
parking facility shall be made accessible even if the total number exceeds 2 percent. When assigned
parking is provided, signage as required by Section 1109A.8.8 shall not be required.
32. Per Title 12, the building permit application has expired. Applicant will need to update the plans to
meet the current code and pay new plan review fees.
San Rafael Sanitation District Conditions of Approval
33. Modify the existing sanitary sewer main on C Street from 12 inches to 6 inches.
34. Confirm pipe elevation at connection with existing sanitary sewer main. Based on our record, the
depth of sanitary sewer main is approximately four feet.
35. Any exterior sanitary sewer-related work shall be performed in accordance with the San Rafael
Sanitation District (SRSD) Standard Plans and Specifications.
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36. 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 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.
37. Pursuant to District Ordinance No. 56, the District requires a sewer connection fee in the amount of
$11,579.79 per living unit, total amount of $49,319.16. The connection fee may be paid in person at
the SRSD office located at 111 Morphew Street, 2nd Floor, San Rafael.
PUBLIC COMMENT
Notice of hearing for the project was conducted in accordance with noticing requirements contained
in Chapter 29 of the Zoning Ordinance. A Notice of Public Hearing was mailed to all property owners
and occupants within a 300-foot radius of the subject site and all other interested parties, 15 calendar
days prior to the date of this hearing. No public comment has been received by the date of this staff
report.
ATTACHMENTS
Attachment A: ED21-045/PLAN21-021 “Findings and Conditions” and “Minutes and Notice of
Decision” from May 23, 2022, Zoning Administrator Hearing.
ATTACHMENT 1
Findings & Conditions
PLAN 21-021 / ED 21-045
Page 1
PLAN 21-021 / ED 21-045 for four new townhomes and associated site and
landscaping improvements on an existing parking lot on the 700 block of C Street
CEQA FINDINGS
1. The project is categorically exempt from the provisions of the California Environmental
Quality Act (CEQA, Public Resources Code §21000, et seq. and California Code of
Regulations, §15000, et seq.) pursuant to Section 15332 of the CEQA Guidelines (In-Fill
Development Project). In addition, the project is eligible for a CEQA exemption under
Government Code 65457(a). Pursuant to Government Code 65457(a), the project is a
residential development undertaken to implement and is consistent with a specific plan
for which an environmental impact report has been certified after January 1, 1980.
The project meets all of the requirements of the In-Fill Development exemption, as follows:
A. The project is consistent with the applicable General Plan designation and policies,
and with the applicable zoning designation and regulations.
B. The project occurs within the San Rafael City limits on a project site of no more than
five acres, and is surrounded by urban uses.
C. The parcel within the project site has previously been paved as a parking lot and has
no value as habitat for endangered, rare or threatened species.
D. The project would not result in any significant effects relating to traffic, noise, air quality
or water quality. City Standard Conditions would address potential impacts related to
traffic, noise, air quality, and water quality.
E. The site can be adequately served by all required utilities and public services.
2. Furthermore, none of the exceptions in CEQA Guidelines Section 15300.2 apply, as
follows: (a) the site is not located in an environmentally sensitive area, (b) there are no
cumulative impacts, (c) there are no significant effects, (d) the project is not located near
a scenic highway, (e) the project site is not located on a hazardous waste site pursuant
to Government Code Section 65962.5, and (f) the project would not affect any historical
resource.
Environmental and Design Review Findings required by Section 14.25.090
1. The project design is in accord with the general plan, the objectives of the zoning
ordinance and the purposes of Chapter 14.25 “Environmental and Design Review
Permits” of the San Rafael Municipal Code (SRMC) as follows:
A. The proposed project is consistent with the following General Plan policies:
i. Policy LU-3.2 (New Development in Residential Neighborhoods). The
project enhances the neighborhood image by proposing four townhomes
A
Attachment 1
F&C ED ED 21-045
Page 2
on an existing parking lot that are well articulated buildings with high quality
materials, along with proposed landscaping at the front of the site.
ii. Policy H-2 (Design that Fits into the Neighborhood Context). The project
respects the existing single family house immediately north of the project
site by locating the proposed townhomes on the southern and western
portions of the project site.
iii. Housing Element Goal 4 (A Diverse Housing Supply). The project proposes
four new townhomes in a neighborhood with a predominant mixture of
multifamily rental units, single family houses, and commercial uses. Thus,
the project increases the housing supply and provides an uncommon
housing product type (for sale multifamily units).
B. Consistency with Specific Plans. The project is located in the T4N 40/50 district within
the Downtown Precise Plan (DPP). The project is, or will be required to be, consistent
with many of the development standards in the DPP including but not limited to vehicle
parking, bicycle parking, and massing and façade articulation standards. The project
does not comply with some standards of the DPP such as required setbacks and
building stepbacks. However, these standards for T4N 40/50 are more restrictive than
those that existed when this site was zoned as Residential/Office (R/O), prior to August
2021 when the DPP was adopted. Pursuant to Senate Bill 330 and Government Code
Section 66300(b)(1)(A), a local agency cannot enforce development standards in a
specific paln adopted after January 1, 2020 that reduce the intensity of land use within
an existing zoning district. Therefore, the more restrictive setback and building
stepback provisions in the DPP cannot be enforced for this project site and do not
apply to this project.
C. Pursuant to Section 1.1.060 of the DPP, a new building up to 40 feet in overall height
is subject to a Minor Environmental and Design Review Permit. Pursuant to San
Rafael Municipal Code Section 14.25.020.B, the zoning administrator is responsible
for making determinations on Minor Environmental and Design Review Permits.
2. 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;
A. Consitency with Zoning. The project is located in the T4N 40/50 district within the
Downtown Precise Plan (DPP). The proposed four new townhomes are a permitted
use in the T4N 40/50 district. The project is, or will be required to be, consistent with
many of the development standards in the DPP including but not limited to vehicle
parking, bicycle parking, and massing and façade articulation standards. The project
does not comply with some standards of the DPP such as required setbacks and
building stepbacks. However, these standards for T4N 40/50 are more restrictive than
those that existed when this site was zoned as Residential/Office (R/O), prior to August
2021 when the DPP was adopted. Pursuant to Senate Bill 330 and Government Code
Section 66300(b)(1)(A), a local agency cannot enforce development standards in a
specific paln adopted after January 1, 2020 that reduce the intensity of land use within
an existing zoning district. Therefore, the more restrictive setback and building
stepback provisions in the DPP cannot be enforced for this project site and do not
apply to this project.
3. The project design minimizes adverse environmental impacts;
Attachment 1
F&C ED ED 21-045
Page 3
A. The project site is a paved parking lot. Thus, the proposed project will not affect any
land that has not already been disturbed.
B. The proposed four new townhomes are a permitted use in the T4N 40/50 district.
4. The project design will not be detrimental to the public health, safety or welfare, nor
materially injurious to properties or improvements in the vicinity.
A. The project enhances the neighborhood image by proposing four townhomes on an
existing parking lot that are well articulated buildings with high quality materials, along
with proposed landscaping at the front of the site. The project respects the existing
single family house immediately north of the project site by locating the proposed
townhomes on the southern and western portions of the project site.
Planning Division Standard Conditions of Approval
1. Conditions Shall be Printed on Plans. The conditions of this Permit shall be printed on the
second sheet of each plan set submitted for a building permit pursuant to this Use Permit,
under the title ‘Use Permit Conditions.’ Additional sheets may also be used if the second
sheet is not of sufficient size to list all of the conditions. The sheet(s) containing the
conditions shall be of the same size as those sheets containing the construction drawings;
8-1/2” by 11” sheets are not acceptable.
2. Applicant Responsible for Compliance with Conditions. The applicant shall ensure
compliance with all of the following conditions, including submittal to the project planner
of required approval signatures at the times specified. Failure to comply with any condition
may result in construction being stopped, issuance of a citation, and/or modification or
revocation of the Use Permit.
3. Plans and Representations Become Conditions. All information and representations,
whether oral or written,including the building techniques, materials, elevations and
appearance of the project, as presented for approval on plans, dated January 25, 2022
and on file with the Community Development Department, Planning Division, shall be the
same as required for the issuance of a building permit, except as modified by these
conditions of approval. Minor modifications or revisions to the project shall be subject to
review and approval by Planning staff. Modifications deemed not minor by the Community
Development Director may require review and approval as an amendment to the
Environmental and Design Review Permit by Planning staff.
4. Subject to All Applicable Laws and Regulations. The approved use and/or construction
is subject to, and shall comply with, all applicable City Ordinances and laws and
regulations of other governmental agencies. Prior to any construction, tenant
improvement or installation of signage, the applicant shall identify and secure all
applicable permits from the Planning and Building Divisions, Public Works Department
and other affected City divisions and departments.
5. Permit Validity. This Permit shall become effective on June 2, 2022 and shall be valid for
a period of two (2) years from the date of final approval, or June 2, 2024, and shall become
null and void if a building permit is not issued or a time extension granted by June 2, 2024.
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
Attachment 1
F&C ED ED 21-045
Page 4
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.
6. Construction Hours: Consistent with the City of San Rafael Municipal Code Section
8.13.050.A, construction hours shall be limited to 7:00 a.m. to 6:00 p.m. Monday through
Friday and 9:00 a.m to 6:00 p.m. on Saturdays. Construction shall not be permitted on
Sundays or City-observed holidays. Construction activities shall include delivery of
materials, hauling materials off-site; startup of construction equipment engines, arrival of
construction workers, paying of radios and other noises caused by equipment and/or
construction workers arriving at, or working on, the site.
7. Landscaping. Landscaping and irrigation must meet the Marin Municipal Water District's
(MMWD) water conservation rules and regulations. All existing landscaping damaged
during construction shall be replaced. All landscaping shall be maintained in a healthy and
thriving condition, free of weeds and debris. Any dying or dead landscaping shall be
replaced in a timely fashion. No part of the existing landscaping shall be removed, unless
their removal has been reviewd and approved by the Planning Division.
8. Exterior Lighting. All exterior lighting shall be energy efficient where feasible; and shielded
and directed downward and away from property lines to prevent excessive glare beyond
the subject property.
Planning Division Additional Conditions of Approval
9. Bicycle Parking. A total of ten bicycle parking spaces shall be provided on the project site
in the plans for review and approval of the Community Development Director prior to
issuance of a building permit. A combination of bicycle parking spaces interior to the
residential units and on the exterior of the site will suffice.
10. Driveway Width. The driveway width shall be reduced to no less than a 12 foot wide
driveway at the entryway and a curb cut of no less than 14 feet wide, for review and
approval of the Community Development Director prior to issuance of a building permit. If
this proves to be infeasible or will affect the viable turning radius of vehicles entering or
leaving the site, the Community Development Director may waive this condition of
approval.
11. Condominium Map. Prior to issuance of a certificate of occupancy, the applicant shall
receive the appropriate approvals from the City for a Tentative Subdivision Map and
subsequently a Final Subdivision Map. The applicant shall record the Final Subdivision
Map with the Marin County Recorder prior to issuance of a building permit as well.
12. Affordable Housing. The project is required to provide a primary affordable housing
requirement pursuant to San Rafael Municipal Code Section 14.16.030 and City Council
Resolution 14890. Prior to issuance of a building permit, the applicant shall comply with
the affordable housing requirement by paying an in-lieu fee of forty percent of the
applicable affordable housing in-lieu fee per unit at the time of building permit issuance.
Attachment 1
F&C ED ED 21-045
Page 5
Public Works Conditions of Approval
13. The applicant shall pay a traffic mitigation for net new AM and PM trips. The current rate
is $4,246 per trip. The proposed project has an estimated 2 peak hour AM trips and 3
peak hour PM trips therefore, the estimated traffic mitigation fee would be (5*4,246)
$21,230, due at the time of building permit issuance.
14. 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.
15. Please note that a design-level geotechnical report will be required prior to issuance of a
building permit.
16. A Stormwater Operations and Maintenance Agreement between the property owner and
the city that shall be recorded with the property deed prior to occupancy.
Building Division Conditions of Approval
17. The design and construction of all site alterations shall comply with the 2019 California
Residential Code (CRC), 2019 California Building Code (CBC), 2019 California Plumbing
Code (CPC), 2019 California Electrical Code (CEC), 2019 California Mechanical Code
CCMC), 2019 California Fire Code (CFC), 2019 California Energy Code, 2019 California
Green Building Standards Code and City of San Rafael Ordinances and Amendments.
18. A building permit is required for the proposed work. Applications shall be accompanied by
construction drawings to include:
a. Architectural plans
b. Structural plans
c. Electrical plans
d. Plumbing plans
e. Mechanical plans
f. Site/civil plans (clearly identifying grade plane and height of the building)
g. Structural Calculations
h. Truss Calculations
i. Soils reports
j. Green Building documentation
k. Title-24 energy documentation
19. 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.
20. You must apply for a new address for this building from the Building Division.
21. Each building must have address identification placed in a position that is plainly legible
and visible from the street or road fronting the property. Numbers painted on the curb do
not satisfy this requirement. In new construction and substantial remodels, the address
must be internally or externally illuminated and remain illuminated at all hours of darkness.
Numbers must be a minimum 4 inches in height with ½ inch stroke for residential
Attachment 1
F&C ED ED 21-045
Page 6
occupancies and a minimum 6 inches in height with ½ inch stroke for commercial
applications. The address must be contrasting in color to their background SMC 12.12.20.
22. If proposed fencing exceeds 6' in height, a building permit is required.
23. Bollards must be placed in the garage to protect mechanical equipment, water heater,
and washer dryer from vehicular damage when located in the path of a vehicle.
24. 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.
25. Prior to building permit issuance for the construction of each building, geotechnical and
civil pad certifications are to be submitted.
26. 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.
27. 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.
28. CRC Section 302 - Based on the distance to the property line, single family residential
and their associated accessory buildings, depending whether the structure(s) have an
automatic fire sprinkler system, have specific requirements and limitations regarding:
a. Fire resistive rating of exterior walls
b. Projections of eaves and decks
c. Wall openings (doors and windows)
Generally, structures within 5 feet of the property line require additional review.
29. Show emergency and rescue openings from units 3 & 4 that complies with CBC 1030. It
appears both units have to pass under unit 3 to get to the public way.
30. Required Accessible Parking Spaces. Accessible parking spaces shall be provided at a
minimum rate of 2 percent of the covered multifamily dwelling units. At least one space of
Attachment 1
F&C ED ED 21-045
Page 7
each type of parking facility shall be made accessible even if the total number exceeds 2
percent.
31. Assigned Accessible Parking Spaces. When assigned parking spaces are provided for a
resident or a group of residents, at least 2 percent of the assigned parking spaces serving
covered multifamily dwelling units shall be accessible in each type of parking facility. At
least one space of each type of parking facility shall be made accessible even if the total
number exceeds 2 percent. When assigned parking is provided, signage as required by
Section 1109A.8.8 shall not be required.
San Rafael Sanitation District Conditions of Approval
32. Provide Civil/Utility plans prepared by a California Registered Civil Engineer showing this
site sewer collection plan. Indicate if each dwelling will connect directly to the sewer main
in the street, or if each dwelling will connect to a sub-main within the property that provides
once connection to the sewer main. Provide the alignment of each proposed sewer lateral,
beginning from the dwelling sewer stub-out to the lower lateral stub-out. Include the
following in the plans:
a. Pipe material type
b. Connections
c. Slope
d. Depth of cover
e. Complete pipe profile(s)
f. Backflow prevention/cleanout.
Note that a cleanout and backflow prevention device is required for each dwelling sewer
lateral, per District standard SD-6, and shall be installed no greater than 2-feet from the
foundation of the dwelling. Additionally, sewer cleanouts are required every 90-feet and
at all bends greater than 45°.
33. All exterior sanitary sewer design and construction shall be pursuant to SRSD standards.
34. Provide the following notes on the Civil/Utility Plans:
a. All sanitary sewer related work shall be performed in accordance with the San Rafael
Sanitation District (SRSD) Standard Plans and Specifications.
b. Independent of a Building Permit, a sewer permit from the San Rafael Sanitation
District is required for all proposed exterior sewer construction. The contractor shall
apply for a sewer permit at the District office located at 111 Morphew Street prior to
the start of work.
c. Notify the San Rafael Sanitation District Inspector 72 hours prior to the start of
sanitary exterior sewer construction by phone at (415) 454-4001.
35. A sewer permit shall be required for each separate side-sewer lateral serving each
individual dwelling. Please be apprised that all exterior sewer construction requires a
sewer permit in addition to your building permit.
36. Prior to issuance of a Building Permit, SRSD and the Central Marin Sanitation Agency
(CMSA) requires sewer connection fees in effect at the time of building permit issuance.
Currently these fees are in the amount of $10,482.42 for each proposed unit for a total of
Attachment 1
F&C ED ED 21-045
Page 8
$41,929.68 (Table 1). The fees may be paid with one check to SRSD at 111 Morphew
Street, San Rafael.
Table 1. Sewer Connection Fee Calculations:
Unit Cost Total
Units
Fixture Cost
SRSD Subtotal: $3,804.00 4 $ 15,216.00
CMSA Subtotal: $6,678.42 4 $ 26,713.68
Total Sewer Connection Fee: $ 41,929.68
SAN RAFAEL ZONING ADMINISTRATOR
REGULAR HEARING
May 23, 2022
Minutes and
Notice of Decision (Pursuant to San Rafael Municipal Code 14.28.050)
1:00 pm – 1:30 pm 1. 700 Block of C Street – Request for an Environmental and Design
Review Permit to allow the construction of four new townhomes and
associated site and landscaping improvements on an existing
parking lot.
T4N 40/50 District; Michael O’Mahony, property owner; Kyle
Thayer, applicant; APN: 012-073-10; Permit #: PLAN21-021 and
ED21-045
Project Planner: Jeff Ballantine
PERMITS REQUIRED
Environmental and Design Review Permit to allow the construction of four new townhomes and
associated site and landscaping improvements.
SITE DESCRIPTION
The site is an existing parking lot on an approximately 6,976 square foot parcel in Downtown San
Rafael.
PROJECT DESCRIPTION
The proposed project includes four new three-story townhomes and associated site and
landscaping improvements. The townhomes range in floor area from 1,400 square feet to 1,700
square feet. Three of the townhomes would be attached to each other and located along the
southern side property line. One of the townhomes would be located adjacent to the western rear
property line. A total of eight parking spaces are proposed for the project, including five covered
spaces within garages and three uncovered spaces. Condition of Approval 9 in Attachment 1
requires the applicant to provide 10 bicycle parking spaces, as required by the T4N 40/50 district.
The top of the roof parapet for the townhomes is less than 36 feet tall with the roof of the stairwell
extending to 40 feet 6 inches tall. The maximum allowable base height for the T4N 40/50 district
is 40 feet tall. Architectural features over the height limit, such as stairwells, are allowed with
Environmental and Design Review pursuant to San Rafael Municipal Code (SRMC) Section
14.25.040.B.2.k.
The townhomes would be condominiums and the Planning Commission must approve the
proposed Tentative Subdivision Map (TS22-001) prior to issuance of a Certificate of Occupancy.
A Subdivision Map will also be required to be recorded with the Marin County Recorder’s Office
prior to issuance of a building permit.
PUBLIC HEARINGS
On May 23, 2022, the Acting Zoning Administrator, Jeff Ballantine, Senior Planner, opened the
meeting at 1:00 pm. Present at the meeting was the property owner, Michael O’Mahony, and the
applicant/architect, Kyle Thayer. No members of the public attended the meeting.
ZA Minutes and Notice of Decision
May 23, 2022
700 Block of C Street
ED21-045
SRZA Minutes for May 23, 2022
2
The Zoning Administrator introduced the application and presented the Findings and Conditions
of Approval and conditionally approved the Environmental and Design Review Permit.
The conditions of project approval are listed below and are included as part of the Zoning
Administrator’s decision to approve the Environmental and Design Review Permit (ED21-045,
PLAN21-021).
The meeting was adjourned at 1:15 pm.
ACTION TAKEN: On May 23, 2022, the Zoning Administrator Conditionally Approved the
requested the Environmental and Design Review Permit (ED21-045, PLAN21-021) subject
to the Findings and Conditions in Attachment 1.
This Notice of Zoning Administrator decision is provided in compliance with SRMC Section
14.28.050 - Notice of decision. Any aggrieved party may appeal this decision pursuant to SRMC
Section 14.28.030 - Filing and time limit of appeals, by submitting a letter of appeal and the
appropriate fees within five (5) working days of the date of approval, or by May 30, 2022 at 5:00
p.m. This approval shall become effective at the end of the appeal period.
Once a permit approval has been implemented/established in compliance with all City
requirements, it shall run with the land and be valid for the time period specified; e.g., duration of
the approved use.
5/23/2022
_______________________________________________________ Jeff Ballantine, Acting Zoning Administrator Date
Attachment 1: Findings and Conditions