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HomeMy WebLinkAboutZoning Administrator Hearing 2025-02-26 Agenda PacketZoning Administrator Hearing
Wednesday, February 26, 2025
10:00 AM
Join In-Person Meeting:
Community Development Small Meeting
Room, San Rafael City Hall
1400 Fifth Avenue, 3rd
Floor,
San Rafael, CA 94901
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Agenda
1. 35 Mitchell Boulevard, Use Permit
Request for a Conditional Use Permit to operate a Qigong studio at 35
Mitchell Boulevard, Suite 10; UP24-008 (PLAN24-055)
2. 703-723 Third Street & 898 Lincoln Ave, Time Extension
Request for a two-year time extension of land use entitlements for a 120-
unit mixed use building granted under Environmental Design Permit ED18 -
018, Use Permit UP18-008 and Lot Line Adjustment LLA18 -001; PLAN 24-
178
3. Adjournment
-1 -
Community Development Department –
Planning Division
Meeting Date: February 26, 2025
Project Number(s): UP24-008 (PLAN24-055)
Project Planner:
Kavitha Kumar, Principal Planner
Agenda Item: 1
REPORT TO ZONING ADMINISTRATOR
SUBJECT: 35 Mitchell Boulevard. Request for a Conditional Use Permit to operate a Q igong
studio at 35 Mitchell Boulevard, Suite 10; APN: 155-131-27; Office (O) Zoning
District; UP24-008 (PLAN24-055)
EXECUTIVE SUMMARY
The project proposes operating a Qigong studio at the subject property. Pursuant to San Rafael
Municipal Code Section 14.06.020, a Conditional Use Permit with Zoning Administrator approval is
required for specialized education and training and indoor fitness/recreational facilities in the Office
(O) Zoning District.
PROJECT DESCRIPTION
The proposed request is to operate a Qigong studio at 35 Mitchell Boulevard, Suite 10. The facility
is proposed to be used for group classes of a maximum of 20 students, as well as individual sessions.
The hours of operation would be 9:00 AM to 6:00 PM. Cl asses will vary from one to three classes
per day, conducted five days a week, usually on Tuesday, Wednesday, Thursday, Saturday and
Sunday. Approximately 10 individual sessions will be conducted per week . The applicant is a sole
proprietor and the only instructor. There are no other employees.
This suite was previously used by a personal trainer and has been vacant since 2022.
FINDINGS
The table below reviews the project’s consistency with the findings required of a Conditional Use
Permit pursuant to SRMC Section 14.22.080.
Use Permit (SRMC §14.22.080)
Yes No
Finding A
That the proposed use is in
accord with the general
plan, the objectives of the
zoning ordinance, and the
purposes of the district in
which the site is located:
X The site is designated as Office Mixed Use (OMU)
on the 2024 General Plan Land Use Map. Typical
activities in OMU include general offices, medical
and professional offices, and administrative or
headquarters offices.
The proposed use is in accordance with the General
Plan Policies LU-2.3 (Neighborhood serving
Commercial Uses), PROS-2.5 (Recreation and
Health), PROS-2.6 (Local Partners) and goals of a
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“Diverse and Balanced Business Mix” of the General
Plan.
The site is designated as Office (O) District in the
Zoning Map and is consistent with the objectives of
the zoning ordinance.
Finding B
That the proposed use,
together with the conditions
applicable thereto, will not
be detrimental to the public
health, safety or welfare, or
materially injurious to
properties or improvements
in the vicinity, or to the
general welfare of the city:
X The proposed Qigong studio is located in an existing
building, and no external improvements are being
proposed to the building. As such, the use of the
Qigong studio will not be detrimental to the public
health, safety or welfare, or materially injurious to
properties or improvements in the vicinity, or to the
general welfare of the city
Finding C
That the proposed use
complies with each of the
applicable provisions of the
zoning ordinance:
X As conditioned, the proposed use will be compliant
with the provisions of the zoning ordinance related
to specialized education and training and indoor
fitness/recreational facilities. 35 Mitchell Boulevard
has 58 parking spaces (including six ADA) shared
by 22 businesses on site. As per SRMC 14.18.040,
the number of parking spaces required is 57 in
total. The Qigong studio requires 4 parking spaces
for the 835 square feet leased space.
In addition, AB 2097 prohibits the city from
imposing parking requirement on any residential,
commercial or other development project that is
located within ½ a mile from public transit. The
nearest public transit is a bus stop at 101 & Smith
Ranch Road located ½ mile from 35 Mitchell
Boulevard. Hence, the proposed use is compliant
with the parking standards.
CONDITIONS OF APPROVAL
1.Approved Use. The Conditional Use Permit allows for the operation of the proposed Qigong
studio at 35 Mitchell Boulevard, Suite 10, pursuant to SRMC Section 14.06.020.
2.Hours of Operation. The proposed Qigong studio will operate as seen below:
Monday & Friday Holiday
Tuesday
9:00am – 6:00pm [9:00pm] Wednesday
Thursday
Saturday
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Sunday
3. Plans and Representations Become Conditions . Except as modified by these conditions of
approval, all information and representations, whether oral or written, as presented for
approval on plans, submitted 3/12/2024 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 this Use Permit by Planning staff.
4. Subject to All Applicable Laws and Regulations . The approved use is subject to, and shall
comply with, all applicable City Ordinances and laws and regulations of other governmental
agencies. Prior to construction, the applicant shall identify and secure all applicable permits
from the Building Division, Public Works Department and other affected City divisions and
departments. (SRMC §14.16.225.B.1).
5. Noise Limits. The operation of the music tutoring center is subject to the City’s general noise
limits pursuant to San Rafael Municipal Code (SRMC) Section 8.13.040 (maximum sixty -five
(65) dBA intermittent or fifty-five (55) dBA constant.
6. Revocation. The City reserves the right to bring this application up for revocation per SRMC
14.21.150 and as provided in Chapter 14.29 of the San Rafael Zoning Ordinance for any use
that is found to be in violation of any of these conditions of approval.
7. Permit Validity. This Permit shall become effective on March 08, 2025 and shall be valid for
a period of two (2) years from the date of final approval or on March 08, 2027 and shall
become null and void if a valid City business license has not been issued, and the permit ted
use has not commenced on the property.
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.
[Two letters of support were received by the Project Planner prior to the hearing (Attachment A).]
ATTACHMENTS
A. Public Comment
Outlook
Fw: Request for conditional use permit @ 35 Mitchell Blvd, Suite 10, San Rafael
From Kavitha Kumar <Kavitha.Kumar@cityofsanrafael.org>
Date Mon 2/24/2025 10:59 AM
To Renee Nickenig <Renee.Nickenig@cityofsanrafael.org>
Hi Renee,
We received a leer of support for the project.
Kavitha Kumar | City of San Rafael
Principal Planner (Consultant)
From: Sue <sp99term@aol.com>
Sent: Sunday, February 23, 2025 10:18 PM
To: Kavitha Kumar <kavitha.kumar@cityofsanrafael.org>
Subject: Request for condional use permit @ 35 Mitchell Blvd, Suite 10, San Rafael
My excellent Qigong instructor Tyra Ferlatte has submitted an application for the above facility. I
have studied Qigong with Tyra for over 15 years. During this time, we usually met at Oleander
Park in San Rafael and during inclement weather, she was able to secure the small clubroom in
her complex or opened up her own home for our practice. This Qigong style is very gentle and
does not require a lot of moving around. Having a stable, safe studio would be greatly beneficial
to continue our regular Sunday session.
I urge that Tyra's request for a use permit be approved.
Yours truly,
Sue Yee
Outlook
Fw: Use Permit
From Kavitha Kumar <Kavitha.Kumar@cityofsanrafael.org>
Date Wed 2/26/2025 9:40 AM
To Renee Nickenig <Renee.Nickenig@cityofsanrafael.org>
Cc Margaret Kavanaugh-Lynch <Margaret.Kavanaugh-Lynch@cityofsanrafael.org>
Hi Renee,
Received another leer of support.
Kavitha Kumar | City of San Rafael
Principal Planner (Consultant)
From: Debbie Ghilo <dgghilo@sbcglobal.net>
Sent: Tuesday, February 25, 2025 12:59 PM
To: Kavitha Kumar <Kavitha.Kumar@cityofsanrafael.org>
Subject: Use Permit
Hello, I’m writing about Tyra Fallett applying for a Use Permit. I have been to her classes many times
through the years at local park and also at her clubhouse at her housing association.
Her classes are beneficial as the practice has kept my body and mind functioning with less pain and
learning how to practice staying relaxed as that is a big thing for me. So I’m hoping her permit is granted
as it would be much more convenient for all.
Thankyou,
Debbie Ghilotti
Sent from my iPhone
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Community Development Department –
Planning Division
Meeting Date: February 26, 2025
Project Number(s): PLAN24-178
Project Planner:
Margaret Kavanaugh-Lynch, Planning Manager
Agenda Item: 2
REPORT TO ZONING ADMINISTRATOR
SUBJECT: 703 Third Street –Request for a two-year time extension of land use entitlements for
a 120-unit mixed use building granted under Design Permit ED18-018, Use Permit
UP18-008 and Lot Line Adjustment LLA18-001. – T5MS 70/90; APN: 011-278-01 -
02; Owner; 703 Third Street L P C/O Willis K. Polite Jr., (PLAN24-178)
EXECUTIVE SUMMARY
The proposed project requests a time extension of two (2) years due to project's financial infeasibility
to construct during a global pandemic, rise in construction costs, and decline in rent. No additional
changes, modifications or additions are proposed at this time to the originally approved plan set.
PROJECT DESCRIPTION
The project proposes the development of a new, 120-unit, mixed-use building with 121 garage
parking spaces (109 mechanical parking lifts) and 969 sq. ft. of ground-floor commercial space on
two Downtown parcels. The project includes a request for a 75-unit density bonus (166% density
bonus), a 19-foot height bonus and a 5’ front setback waiver.
BACKGROUND
On October 7, 2019, the City Council adopted Resolution No. 1479, approving a Use Permit (UP18-
008), Environmental and Design Review Permit (ED18-018) and Lot Line Consolidation (LLA18-001)
to allow the construction of a 120-Residential ‘Rental’ Unit, 73’-tall, new mixed-use building with 121
mechanical garage parking lifts and 969 sq. ft. of ground-floor commercial space with height and
density bonus and a front setback waiver, located on two adjacent downtown parcels at 703-723
Third St. and 898 Lincoln Ave.
The project included conditions of approval for both the Use Permit (#8) and the Design Review
Permit (#14) stating the entitlements would expire by October 7, 2021 unless the permits were fully
vested (i.e. once a building/grading permit is issued and substantial construction is commenced) or
unless a time extension request was submitted to the Planning Division prior to project expiration.
California Assembly Bill (AB) 1561 extended these entitlements for a period of 18 months, or until
April 7, 2023.
The applicant submitted another request for extension to the Planning Division on February 14, 2023,
this request was granted through March of 2025.
- 2 -
On October 21, 2024 a new extension was submitted to the City. As required by San Rafael
Municipal Code (SRMC) Section 14.22.140 and 14.25.150, staff noticed and scheduled a Zoning
Administrator hearing to consider the extension request.
CEQA FINDINGS
The project will continue to be exempt from the requirements of the California Environmental Quality
Act (CEQA), pursuant to Section 15332 (Class 32; In-Fill Development Project) of the CEQA
Guidelines, as determined by City Council Resolution No. 14729, given that; The requested two-year
time extension proposes no changes, modifications or additions to the approved project or plans
other than those already approved.
Permit Extension Findings
Pursuant to SRMC Section 14.22.140 and 14.25.150, a two-year extension is permissible in that:
A. The Findings of the original project approval found below, remain valid;
B. There have been no substantial changes in the factual circumstances surrounding the originally
approved design; and
C. The extension application was made prior to expiration.
Use Permit (UP18-008) Findings
A. The residential use within a commercial zoning district and the proposed use of mechanical
parking lifts to provide on-site parking for the project, as revised and conditioned, will be in accord
with the San Rafael General Plan 2040, the objectives of Title 14 of the San Rafael Municipal Code
(the Zoning Ordinance) and the purposes of the T5MS 70/90 District, in which the project site is
located, given that;
1. The project will implement and promote the goals and policies of the San Rafael General Plan
2040;
2.The project will be consistent with the objectives of the Zoning Ordinance and Downtown Precise
Plan;
3. The proposed project will be consistent with the purposes of the T5MS 70/90 District, given that;
a) The project will create multifamily residential use as part of mixed-use development; b) The project
will provide a wide variety of housing opportunities in mixed-use districts in terms of housing type
(market-rate and affordable residential ‘rental’ units) and sizes (studio units 342 - 539 sq. ft. in size,
1-bedroom units 545 - 795 sq. ft. in size, and 2-bedroom units 899 - 1,068 sq. ft. in size, c) The
project will help promote San Rafael's Downtown area as a viable commercial and financial center,
and as an urban center with a mixture of civic, social, entertainment, cultural and residential uses
due to its unique location in the Downtown, across from the SMART Downtown station); future
residents are anticipated to frequent existing and future businesses in the Downtown and help
achieve the City’s goal of ‘alive-after-five’ by helping to activate the Downtown in the evenings and
on weekends; and d) The project will help create an inviting appearance along Third St. frontage by
installing new street trees and raised Corten steel landscape planters along all three building
frontages (Third St., Lincoln Ave. and Tamalpais Ave.).
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B. The proposed residential use within the T5MS 70/90 district and the proposed use of mechanical
parking lifts to provide on-site parking for the project, as revised and conditioned, will not be
detrimental to the public health, safety or welfare, or materially injurious to properties or
improvements in the vicinity, or to the general welfare of the City, given that; the project has been
reviewed by appropriate City departments, non-City agencies, the appropriate surrounding
neighborhood groups (Downtown Business Improvement District, Federation of San Rafael
Neighborhoods, Gerstle Park Neighborhood Assoc., Montecito Area Residents Assoc. Lincoln-San
Rafael Hill Neighborhood Assoc.and Bret Harte Community Assoc.), interested parties, the Design
Review Board at two (2) separate meetings (conceptual review on June 20, 2017 and formal project
review on May 7, 2019) and the Planning Commission on two (2) separate occasions (conceptual
review on July 25, 2017 and study session on February 26, 2019) and conditions of approval have
been included to mitigate any potential negative impacts anticipated to be generated by the proposed
project;
In addition, the proposed mechanical parking lift system has been used in other residential
development projects, in similar settings and has proven to be effective and safe mechanism to
provide stacked parking. Lastly, appropriate measures have been included in the project, as a
condition of approval, to establish backup methods should the mechanical parking lift fail in a power
outage; and
C. The proposed residential use within a commercial zoning district and the proposed use of
mechanical parking lifts to provide on-site parking for the project, as revised and conditioned, will
comply with each of the applicable provisions of the Zoning Ordinance and Downtown Precise Plan.
Environmental and Design Review Permit (ED18-018) Findings required by Section 14.25.090
A. The project design, as revised and conditioned, will be in accordance with the San Rafael General
Plan 2040, the objectives of Title 14 of the San Rafael Municipal Code (the Zoning Ordinance), the
Downtown Precise Plan and the purposes of Chapter 25 of the Zoning Ordinance (Environmental
and Design Review Permits), given that;
1. The project will implement and promote the goals and policies of the San Rafael General Plan
2040;
2.The project will be consistent with the objectives of the Zoning Ordinance and Downtown Precise
Plan;
3. The proposed project will be consistent with the purposes of Environmental and Design Review
Permits, given that; the project will maintain and improve the quality of, and relationship between,
development and the surrounding area to contribute to the attractiveness of the City. The revised
project design proposes a contemporary design, similar to the nearby BioMarin campus buildings,
though with unique façade treatments (brick with Corten steel planters at the ground level and a
mixture of stucco and vertical and horizontal fiber cement board siding at the upper levels), greater
articulation stepping back the upper stories and a more ‘residential’ window proportion. The
proposed 6-story scale was reviewed and supported by both the Board and the Planning
Commission during conceptual design review, the Commission again during study session review
and the Board again during formal project review and supported. The project design has been
revised to provide equal, high-quality design attention to all four building elevations, including the
rear elevation which is shared with 770 Second St. Better vertical and horizontal articulation and
stepbacks of upper stories have been incorporated into the revised project design. In addition,
previously proposed upper-story projections or encroachments over the sidewalk have been
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eliminated. Extensive landscaping in the form of street trees and Corten steel raise planter along all
three street fronts is proposed to help create a pedestrian scale. The project proposes to orient
pedestrian activity through the lobby area both through the main entry on Third St and at the
northwest corner of Third St./Lincoln Ave. Photo simulations were conducted on the project and
submitted by the applicant, which indicated minor view impacts from public vantage points.
B. The project design, as revised and conditioned, is consistent with all applicable site, architecture
and landscaping design criteria T5MS 70/90 District in which the project site is located, given that;
1. The project will be consistent with the maximum height allowed (Uniform Building Code 1997) for
the project site, which is 54’, subject to requests for automatic and discretionary height bonuses
under the State Density Bonus law after meeting mandatory affordable housing requirements;
3. The project will be consistent with the minimum required yard setbacks, which is limited to a 5’
front (Third St. frontage) setback, subject to a request for setback waiver under the State Density
Bonus law after meeting mandatory affordable housing requirements;
4. The project will be consistent with the minimum landscaping requirement for the project site, which
is 10% or 2,737 sq. ft. (The project proposes 12,555 sq. ft. of site landscaping);
5. The project will be consistent with the maximum FAR (floor area ratio) allowed on the project site
by proposing 969 sq. ft. of ground-level commercial space located at the northeast corner of the
project site, at the corner of Third St and Tamalpais Ave. This represents 0.035 FAR where a
maximum 1.5 FAR or 41,050.5 sq. ft. of nonresidential develop is allowed on the project site in
addition to the residential density;
6. The project will voluntarily provide 12,408 sq. ft. of private and common outdoor recreational area
or an average of 103.4 sq. ft. of outdoor recreational area per unit;
7. The provisions of Marin Municipal Water District’s (MMWD) most recent water conservation and
new ‘graywater’ requirements apply to the project, where MMWD approval is required prior to the
issuance of any building or grading permit;
8. The proposed project will be consistent with review criteria for Environmental and Design Review
Permits (Chapter 14.25 of the Zoning Ordinance), by proposing a consistent, high-quality
architectural design (colors and materials; scale; bulk and mass; fenestration and articulation)
throughout the project site; and 9. The formal project design was reviewed and recommended for
approval by the Design Review Board (Board) on May 7, 2019.
C. The project design, as revised and conditioned, minimizes adverse environmental impacts, given
that;
1. The project site is completely developed and disturbed neither contains, nor is immediately
contiguous to, recognizable wetlands, creeks or similarly sensitive environmental features, and it has
not been identified in the San Rafael General Plan 2040 as a general location were threatened and
endangered species have been previously observed or maintain a suitable habitat for their likely
presence to be found; and
2. The project design minimizes adverse environmental impacts, given that: a California
Environmental Quality Act (CEQA) review and clearance was prepared, based on supporting studies
- 5 -
submitted with the project, substantiating a Categorical Exemption (Class 32; In-Fill Development
Projects),
D. The project design, as revised and conditioned, will not be detrimental to the public health, safety
or welfare, or materially injurious to properties or improvements in the vicinity, or to the general
welfare of the City, given that; the project has been reviewed by appropriate City departments, non-
City agencies, the appropriate surrounding neighborhood groups (Downtown Business Improvement
District, Federation of San Rafael Neighborhoods, Gerstle Park Neighborhood Assoc., Montecito
Area Residents Assoc. Lincoln-San Rafael Hill Neighborhood Assoc. and Bret Harte Community
Assoc.), interested parties, the Design Review Board at two (2) separate meetings (conceptual
review on June 20, 2017 and formal project review on May 7, 2019) and the Planning Commission
on two (2) separate occasions (conceptual review on July 25, 2017 and study session on February
26, 2019) and conditions of approval have been included to mitigate any potential negative impacts
anticipated to be generated by the proposed project.
Lot Line Consolidation Findings
A. The proposed lot line consolidation is consistent with the San Rafael General Plan 2040 and
Downtown Precise Plan; given that: the use of the project site would be mixed-use (both residential
and non-residential uses) in compliance with the T5MS 70/90 district, and would not result in the
creation of any new lots but, rather, would reduce the two (2) existing legal Downtown parcels into
one (1).
B. The proposed lot line consolidation is in conformance with the Zoning Ordinance (Title 14) and
any other pertinent Downtown Precise Plan provisions, given that; the consolidated parcel would be
in conformance with the development standards for the T5MS 70/90 District, including minimum lot
area, lot width and landscaping and maximum floor area ratio (FAR), with the exception of height,
density and front setback, and the applicant has requested concessions to these standards under
the State Density Bonus law. The proposed Lot Line Consolidation would not result in any change
to the existing zoning classification or approve a change in use or additional construction which
would conflict with these zoning classifications and development standards.
C. The proposed lot line consolidation is in conformance with the Uniform Building Code (UBC),
given that; the project application submittal has been reviewed by the Community Development
Department, Building Division, and determined to be in conformance with the applicable California
Building Code (CBC) or UBC regulations.
Density Bonus /Concessions/Waivers Findings
A. The project complies with the City’s affordable housing requirement, pursuant to SRMC Section
14.16.030, by providing 20% (9 units) of the maximum base density (45 units) as “affordable” or
Below-Market-Rate (BMR) units, with five (5) BMR units affordable to very low-income households
and four (4) affordable to low-income households.
B. By meeting the City’s affordable housing requirement, the project is automatically eligible for a
State Density Bonus of up to 35% (16 additional market-rate units) and up to three (3) concessions.
- 6 -
C. By also meeting the City’s affordable housing requirement, the project is automatically eligible for
a twelve-foot (12’) height bonus under both the General Plan and SRMC Section 14.16.190, from
54’ to 66’.
D. The project proposes three (3) discretionary concessions/waivers: 1) An additional 59-unit
discretionary density bonus above the 35% density bonus provided by the State Density Bonus law;
2) An additional seven-foot (7’) height bonus above the height bonus allowed by the General Plan
and Zoning Ordinance; and 3) A waiver from the required five-foot (5’) landscaped front setback.
E. All three of the proposed concessions/waivers requested by the applicant, are considered major
concessions (SRMC 14.16.030.H.3.b.v) and therefore are subject to approval of the City Council
and require that the applicant demonstrate through a financial pro forma that the concessions are
needed to make the project financially feasible. As part of the formal submittal, a financial pro forma
was submitted by the developer.
F. The pro forma evaluates the Base Case Project (61 units, which includes the 35% density bonus)
as well as the Proposed Project (120 units). The actual pro forma and specific numbers contained in
the pro forma are proprietary information and the City is not allowed to release those for public
review. However, the City’s consulting economist has reviewed all the information and prepared their
analysis that provides the conclusions of their review (Exhibit 6 of staff report). In summary, the
review finds:
1. The Base Case scenario (61 units, which includes the 35% density bonus) is not financially
feasible. Based on the development costs, revenues and return metrics, the developer margin would
be negative, meaning the development costs would exceed the revenues, and thus make the project
not feasible to build. The review also concludes that with even with potential savings on construction
costs through value engineering, the Base Case scenario is not feasible and as the return margin
would still be negative.
2. The Proposed Project scenario (120 units, including a 59-unit bonus above the state density
bonus) does yield a positive margin of return. However, that return is does not achieve a high enough
margin to be financially feasible according to typical return metrics. The review does conclude that if
construction costs are lowered by 15%, it would be within the range of development feasibility,
consistent with other projects in high demand locations. The additional density requested in the
Proposed Project scenario enhances financial feasibility by reducing development costs per housing
unit.
3. Additionally, in response to the Planning Commission’s suggestion during the study session to
explore additional affordability, a third scenario was evaluated by the City’s economist, which has
been called Alternative 1. This scenario evaluated a 120-unit project, of which 18 units (20% of the
59-unit additional density bonus) are BMR units (10 very low-income household levels and 8 low-
income household levels). The review concludes that, given the significant reduction in revenues
from doubling the number of affordable housing units, Alternative 1 is also not financially feasible
without a significant reduction in construction costs as the return margin would be negative.
G. In addition to the density bonus request, there are other considerations when evaluating this
project’s proposed density.
- 7 -
1. The zoning for this site not only allows for residential density of 1 unit/600 sq. ft, but also allows
for non -residential (commercial) intensity of up to a 1.5 FAR (Floor Area Ratio). These are different
metrics, where density is based on number of units, and does not factor size of units, while FAR is
based on square footage. For this site, the 1.5 FAR would allow up to 41,051 sq. ft, which for this
site would translate to approximately two entire floors of this particular building.
2. Although residential density is not regulated by square footage, the proposed project hosts 120
units in approximately 81,442 sq. ft of building area dedicated to residential use, which translates to
an average of 678 sq. ft/unit. As an example, a building of the same size could be proposed as:
• 45 units in 6 stories, with the average unit being 1,809 sq. ft/unit,
• 61 units (State density bonus max) in the same 6 stories, with the average unit being 1,313 sq.
ft/unit.
Given the need for housing in San Rafael as well as throughout the State, the Commission finds that
a greater number of smaller units (120 units) as proposed would be more beneficial to the
community. This is an opportunity site, close to transit, in the heart of downtown and is possibly the
most appropriate location for higher density housing. It would also serve as a catalyst for other
downtown housing projects.
3. Other factors to consider for density include height, design, environmental resources (including
historical), parking and traffic capacity:
a. For height the project is impacted by FEMA requirements that require a +2 ft increase of height.
b. The stacker parking system requires a 22 ft first floor plate height.
c. Stepping of the building as well as provision of horizontal articulation have resulted in additional
height to address design related comments by the DRB as means to reduce perceived bulk and
mass from all four building elevations.
d. The site has no historical or environmental resources, given it is fully graded and developed with
non-descript, postmodern commercial buildings.
e. The traffic generation from the project was evaluated against the City’s level of service standards.
A Transportation Impact Analysis report (Fehr & Peers Transportation Consultants, revision dated
January 14, 2019) originally submitted for the project was revised to expand the study area and to
modify the methodology used in the analysis. The results of the updated trip generation indicate that,
based on traffic counts of existing land use trips, and with deductions applied for ‘walk, bike and
transit’ trips due to the site’s proximity to the Downtown, the SMART station and the transit center,
the project would result in 33 net new AM peak hour trips (7- 9am weekdays) and 26 PM net new
peak hour trips (4-6pm weekdays).
• The Transportation Impact Analysis report indicates surrounding intersections and arterials
would continue to operate (existing plus project volumes) acceptably per the City’s LOS
(Level of Service) standards in the General Plan
• The results of the Transportation Impact Analysis report have been confirmed by the City’s
Traffic Engineer. Staff finds the proposed density (120 units) would result in negligible traffic
impacts which are off-set by the payment of traffic mitigation fees on the 59 new peak hour
trips anticipated to result from the project.
- 8 -
f. In terms of parking, the project would provide excess parking than that required by the State for
projects in close proximity to transit. The project is required to provide 82 spaces and would actually
provide 121 total spaces (composed of 109 resident parking + 12 ADA, ride share, drop off and EV
parking spaces)
CONDITIONS OF APPROVAL
Use Permit (UP18-008) Revised Conditions of Approval
Community Development Department, Planning Division
1. This Use Permit (UP18-008) approves development of 120 residential ‘rental’ units or
apartments above 969 sq. ft. of ground-floor commercial space and 121 mechanical garage
parking lifts, which shall comply at all times with the adopted performance standards for
residential uses in commercial districts (currently Section 14.17.100 of the San Rafael Municipal
Code or SRMC).
2. This Use Permit approves a Parking Modification to allow 109 of the 121 spaces to be
provided by mechanical jig saw lifts for the residents. The remaining 12 parking spaces are to
be provided as at-grade, non-mechanical lift parking spaces for electric vehicle (EV), visitor,
ADA and car share parking.
3. This Use Permit does not allow the subsequent conversion of the approved residential
‘rental’ units or apartments without a separate Tentative Map application submittal to the
Community Development Department, Planning Division, in compliance with Subdivision
Ordinance (currently Sections 15.02.02 - .04 of the SRMC), and review and approval by the
Planning Commission. It is strongly recommended that Tentative Map approval be obtained
prior to Building Permit issuance for the project. A Tentative Map application shall also require
submittal to amend this Use Permit and the Environmental and Design Review Permit (ED18-
018) for the project
4. This Use Permit requires the project to include a secondary or backup power source to
operate the mechanical parking lift system in case of power outage.
5. This Use Permit requires the project reserve a minimum of 82 mechanical parking
spaces, for exclusive use by the residents, which is the reduced parking requirement under the
State Density Bonus law.
6. This Use Permit requires the project reserve a minimum of three (3) on-site parking
spaces for the exclusive use by customers of the ground-floor commercial space, which is the
reduced parking requirement under the City’s parking code.
7. This Use Permit requires the project provide a minimum of four (4) short-term bicycle
parking spaces, in compliance with the adopted design standards (SRMC Section 14.18.090
(E), and accessible at all times.
8. This Use Permit shall require residents acknowledge, as part of their lease agreement,
the mixed-use nature of the Downtown and the understanding that living across the street from
the Downtown SMART Station may result in potentially increased noise.
9. This Use Permit shall run with the land and shall remain valid regardless of any change-
of ownership of the project site, subject to these conditions. This Use Permit will fully vest once
a building/grading permit is issued and ‘substantial construction’ is commenced or a time
extension request is submitted to the City’s Community Development Department, Planning
Division, within two (2) years of approval, or February 2, 2027 (‘Substantial construction’ is
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defined as the pouring of all required foundations and the installation of vertical components,
such as exterior walls). Failure to obtain a grading/building permit and commence ‘substantial
construction’ or submit a time extension request by the specified date will result in the expiration
of this Use Permit.
10. This Use Permit shall run concurrently with the Environmental and Design Review
Permit (ED18-018) approval. If the Environmental and Design Review Permit approval expires,
this Use Permit approval shall also expire and become invalid.
Environmental and Design Review Permit (ED18-018) Revised Conditions of Approval
General and On-Going
Community Development Department, Planning Division
1. The building techniques, colors, materials, elevations and appearance of the project, as
presented to the City Council at their October 7, 2019 hearing, and on file with the Community
Development Department, Planning Division, shall be the same as presented to the City Council
and subject to these conditions. Minor modifications or revisions to the project shall be subject
to review and approval of the Community Development Department, Planning Division. Further
modifications deemed not minor by the Community Development Director shall require review
and approval by the original decision-making body, the City Council, and may require review
and recommendation by the City’s Planning Commission and Design Review Board.
2. The approved colors for the project are on file with the Community Development
Department, Planning Division. Any future modification to the color palette shall be subject to
review and approval by the Planning Division and those modifications not deemed minor shall
be referred to the Design Review Board for review and recommendation prior to approval by the
Planning Division.
3. This Environmental and Design Review Permit approves the demolition of two existing
commercial buildings (a two-story commercial building at 703 Third St. and a one-story
commercial building at 723 Third St./898 Lincoln Ave.) and the construction of a 120-unit, 73’-
tall, ‘rental’ residential or apartment building with 121 mechanical garage parking lifts and 969
sq. ft. ground-floor commercial space.
4. All ‘off-haul’ of excavation and delivery/pick-up of construction equipment shall occur
during off-peak weekday hours, between 9:00 a.m. and 4:00 p.m., Monday through Friday
only.
5. Consistent with the standard noise ordinance requirements for construction (SRMC
Chapter 8.13), all grading and construction activities shall be limited to 7 a.m. to 6 p.m., Monday
through Friday, and 9 a.m. to 6 p.m., Saturdays. All grading and construction activities are
strictly prohibited on Sundays and State- or federally-recognized holidays.
6. Final landscape and irrigation plans for the project shall comply with the provisions of
Marin Municipal Water District’s (MMWD) most recent water conservation ordinance and
graywater recycling system requirements. Construction plans submitted for issuance of
building/grading permit shall be pre-approved by MMWD and stamped as approved by MMWD
or include a letter from MMWD approving the final landscape and irrigation plans. Modifications
to the final landscape and irrigation plans, as required by MMWD, shall be subject to review and
approval of the Community Development Department, Planning Division.
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7. All new landscaping shall be irrigated with an automatic drip system and maintained in a
healthy and thriving condition, free of weeds and debris, at all times. Any dying or dead
landscaping shall be replaced in a timely fashion.
8. All site improvements, including but not limited to the site lighting, hardscape, and paving
striping shall be maintained in good, undamaged condition at all times. Any damaged
improvements shall be replaced in a timely manner.
9. The site shall be kept free of litter and garbage. Any trash, junk or damaged materials
that are accumulated on the site shall be removed and disposed of in a timely manner.
10. All public streets and sidewalks and on-site streets which are privately owned that are
impacted by the grading and construction operation for the project shall be kept clean and free
of debris at all times. The general contractor shall sweep the nearest street and sidewalk
adjacent to the site on a daily basis unless conditions require greater frequency of sweeping.
11. All submitted building permit plan sets shall include a plan sheet incorporating these
revised conditions of approval.
12. If archaeological or cultural resources are accidentally discovered during
excavation/grading activities, all work will stop within 100 feet of the resource and the qualified
archaeologist will be notified immediately. The qualified archaeologist will contact Federated
Indians of Graton Rancheria (FIGR) and the Planning Division and coordinate the appropriate
evaluation of the find and implement any additional treatment or protection, if required. No work
shall occur in the vicinity until approved by the qualified archaeologist, FIGR and Planning staff.
Prehistoric resources that may be identified include, but shall not be limited to, concentrations of
stone tools and manufacturing debris made of obsidian, basalt and other stone materials, milling
equipment such as bedrock mortars, portable mortars and pestles and locally darkened soils
(midden) that may contain dietary remains such as shell and bone, as well as human remains.
Historic resources that may be identified include, but are not limited to, small cemeteries or
burial plots, structural foundations, cabin pads, cans with soldered seams or tops, or bottles or
fragments or clear and colored glass.
13. If human remains are encountered (or suspended) during any project-related activity, all
work will halt within 100 feet of the project and the County Coroner will be contacted to evaluate
the situation. If the County Coroner determines that the human remains are of Native American
origin, the County Coroner shall notify FIGR within 24-hours of such identification who will work
with Planning staff to determine the proper treatment of the remains. No work shall occur in the
vicinity without approval from Planning staff.
14. Applicant agrees to defend, indemnify, release and hold harmless the City, its agents,
officers, attorneys, employees, boards and commissions from any claim, action or proceeding
brought against any of the foregoing individuals or entities ("indemnities"), the purpose of which
is to attack, set aside, void or annul the approval of this application or the adoption of any
environmental document which accompanies it. This indemnification shall include, but not be
limited to, damages, costs, expenses, attorney fees or expert witness fees that may be asserted
or incurred by any person or entity, including the applicant, third parties and the indemnities,
arising out of or in connection with the approval of this application, whether or not there is
concurrent, passive or active negligence on the part of the indemnities.
15. In the event that any claim, action or proceeding as described above is brought, the City
shall promptly notify the applicant of any such claim, action or proceeding, and the City will
cooperate fully in the defense of such claim, action, or proceeding. In the event the applicant is
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required to defend the City in connection with any said claim, action or proceeding, the City shall
retain the right to: 1) approve the counsel to so defend the City; 2) approve all significant
decisions concerning the manner in which the defense is conducted; and 3) approve any and all
settlements, which approval shall not be unreasonably withheld. Nothing herein shall prohibit
the City from participating in the defense of any claim, action or proceeding, provided that if the
City chooses to have counsel of its own to defend any claim, action or proceeding where
applicant already has retained counsel to defend the City in such matters, the fees and the
expenses of the counsel selected by the City shall be paid by the City.
16. As a condition of this application, applicant agrees to be responsible for the payment of
all City Attorney expenses and costs, both for City staff attorneys and outside attorney
consultants retained by the City, associated with the reviewing, processing and implementing of
the land use approval and related conditions of such approval. City Attorney expenses shall be
based on the rates established from time to time by the City Finance Director to cover staff
attorney salaries, benefits, and overhead, plus the actual fees and expenses of any attorney
consultants retained by the City. Applicant shall reimburse the City for City Attorney expenses
and costs within thirty (30) days following billing of same by the City.
17. This Environmental and Design Review Permit shall run with the land and shall remain
valid regardless of any change of ownership of the project site, subject to these conditions. This
Environmental and Design Review Permit will fully vest once a building/grading permit is issued
and ‘substantial construction’ is commenced or a time extension request is submitted to the
City’s Community Development Department, Planning Division, within two (2) years of original
approval, or February 28, 2027. (‘Substantial construction’ is defined as the pouring of all
required foundations and the installation of vertical components, such as exterior walls). Failure
to obtain a grading/building permit and commence ‘substantial construction, or failure to obtain a
time extension within the two-year period, will result in the expiration of this Environmental and
Design Review Permit.
18. This Environmental and Design Review Permit shall run concurrently with the Use
Permit (UP18-008) approval. If the Environmental and Design Review Permit expires, the Use
Permit approval shall also expire and become invalid.
Prior to Issuance of Demolition Permits
Community Development Department, Planning Division
19. Prior to issuance of a demolition permit, the project sponsor shall submit verification that
the requirements of the Bay Area Air Quality Management District (BAAQMD) have been met
and necessary permits have been issued for demolition of the existing buildings.
20. Prior to the issuance of a demolition permit, the applicant shall submit written verification
from a pest control consultant indicating that the project site has been serviced to eliminate
rodents.
21. Prior to issuance, the conditions listed in condition of approval #107 shall be noted on
the demolition plan.
Community Development Department – Building Division
22. 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.
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Public Works Department - Traffic Engineering Division
23. Prior to demolition permit, the applicant shall submit a detailed traffic control plan for
review and approval of the traffic division. All traffic from any off-haul of demolition materials
shall be conducted outside of the A.M. or P.M. peak hours (after 9:00 A.M and before 4:00
P.M.).
24. All construction staging shall occur on-site or another site with appropriate approvals
from property owner. No staging shall occur on City right-of-way without review and approval of
the Public Works Department.
25. A plan for the demolition shall be submitted for review and approval of the City Traffic
Engineer. This plan shall indicate the haul/truck routes, size of trucks to be used for hauling off-
haul and the frequency/times of any off-haul.
Prior to Issuance of Grading/Building Permits
Community Development Department, Planning Division
26. Due to the close proximity of the project site to San Rafael Creek, a qualified
archaeologist shall conduct archival and field study to identify the presence of archaeological
resources, including a good faith effort to identify archaeological deposits that may show no
indications on the surface. Field study may include, but is not limited to, hand auger sampling,
shovel test units, or geoarchaeological analysis, as well as other common methods used to
identify the presence of buried archeological resources. A list of qualified archaeologists, who
meet the Secretary of Interior’s Standards, may be found at http://www.chrisinfo.org. If
archaeological resources are discovered, protocols dictated by Conditions #12 and #13 (ED18-
018) shall be followed.
27. To reduce potential exterior noise impacts in common outdoor areas within the project
to meet the City’s 65 dBA noise limit, the roof deck shall include a six-foot (6’)-high solid parapet
wall.
28. To reduce measured traffic and predicted train noise levels in habitable residential
rooms to meet the City’s interior noise limits, all exterior window and balcony door shall meet
STC rating of STC 36 or higher. Corner units may require exterior windows and doors with
higher ratings. Some exterior walls may require additional layers of gypsum board.
a. Prior to building permit issuance, a follow-up acoustical study is required to be
submitted to the Community Development Department, Planning Division, with final
recommendations on window, balcony door, and exterior wall STC rating requirements.
This acoustical study shall also review any alternate means of achieving outdoor air and
confirm that any mechanical ventilation system will not compromise the noise reduction
provided by the window, balcony door and wall assembly.
29. To reduce potential temporary construction and grading noise impacts on the project site
to meet the City’s 90 dBA noise limit, the applicant shall demonstrate to the satisfaction of the
Community Development Department, Planning Division, that the project complies with the
following:
a. Construction contracts specify that all construction and grading equipment, fixed
or mobile, shall be equipped with properly operating and maintained mufflers and other
State-required noise attenuation devices.
b. Property owners and occupants located within 250 feet of the project boundary
shall be sent a notice, at least 15-days prior to commencement of construction or
grading of each phase, regarding the construction or grading schedule of the project. A
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sign, legible at a distance of 50 feet (50’) shall also be posted at the project site. All
notices and signs shall be reviewed and approved the Community Development Director
(or designee), prior to mailing or posting and shall indicate the dates and duration of
construction or grading activities, as well as provide a contact name and a telephone
number where residents and business owners can inquire about the construction or
grading process and register complaints.
c. The General Contractor shall provide evidence that a construction staff member
would be designated as a Noise Disturbance Coordinator and would be present on-site
during construction or grading activities. The Noise Disturbance Coordinator shall be
responsible for responding to any local complaints about construction or grading noise.
When a complaint is received, the Noise Disturbance Coordinator shall notify the
Community Development Department, Planning Division, within 24-hours of the
compliant and determine the cause of the noise complaint (e.g., starting too early, bad
muffler, etc.) and shall implement reasonable measures to resolve the complaint, as
deemed acceptable by the Community Development Director (or designee). All notices
that are sent to residential units and business owners immediately surrounding the
project site and all signed posted at the project site shall include the contact name and
telephone number for the Noise Disturbance Coordinator.
d. The applicant shall demonstrate to the satisfaction of the Community
Development Director (or designee) that construction and grading noise reduction
methods shall be used where feasible. These reduction methods include shutting-off
idling equipment, installing temporary acoustic barriers around stationary construction
and grading noise sources, maximizing the distance between construction and grading
staging areas and occupied residential and commercial areas, and electric air
compressors and similar power tools.
e. Construction and excavation/grading off-haul truck routes shall be designed to
avoid noise sensitive uses (e.g., residences, assisted senior living facilities, hospitals,
etc.) to the greatest extent feasible.
f. During construction and grading, stationary equipment shall be placed such that
emitted noise is directed away from sensitive noise receivers.
30. All communal refuse and recycling facilities shall be full-screened from public view. The
applicant shall obtain and submit a letter from Marin Sanitary Service approving the location and
sizing of these facilities with the building permit plans.
31. The project sponsor shall inform the contractor, general contractor or site supervisor of
these requirements and shall be responsible for informing subcontractors of these requirements
and for implementing these measures on the site.
32. Any outstanding Planning Division application processing fees shall be paid prior to
grading or building permit issuance.
33. All mechanical equipment (i.e., air conditioning units, meters and transformers) and
appurtenances not entirely enclosed within the building shall be fully-screened from public view.
The method used to accomplish the screening shall be indicated on the building plans and
approved by the Planning Division.
34. An acoustical test report of all sound-rated windows and doors, by a qualified (licensed)
acoustical consultant, shall be submitted to Planning, ensuring that the selected windows and
doors would reduce the interior noise levels to normally acceptable level adopted by the City
(i.e., 40 dBA in bedrooms and 45 dBA in all other rooms).
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35. A Construction Management Plan (CMP) shall be prepared and submitted to the
Community Development Department, Planning Division, for review and approval. The CMP
shall include
a. Projected schedule of work,
b. Projected daily construction truck trips,
c. Proposed construction truck route, location of material staging areas,
d. Location of construction trailers, location of construction worker parking,
e. Designated contact information for contractor and property owner to be posted
on site in case of noise or other construction-related activities.
f. Statement that the project shall conform to the City’s Noise Ordinance (Chapter
8.13 of the San Rafael Municipal Code),
g. Statement that no construction truck traffic shall encroach into any of the
surrounding residential neighborhood streets at any time, and
h. Statement that the existing roadway conditions on Third St., Tamalpais Ave. and
Lincoln Ave. shall be memorialized on digital recording format prior to the start of
construction and that the project sponsor shall be required to repair any roadway
damage created by the additional construction truck traffic.
i. In the event that the CMP is conflicting with any conditions imposed by the
grading permit for the project, the more restrictive language or conditions shall prevail.
36. The project shall mitigate potential air quality impacts associated with construction and
grading activities by preparing and submitting a Dust Control Plan to the City of San Rafael
Community Development Department for review and approval. This Dust Control Plan shall
implement BAAQMD (Bay Area Air Quality Management District) established standard
measures (Basic Construction Mitigation Measures) for reducing fugitive dust emissions,
including but not limited to:
• All exposed surfaces (e.g., parking areas, staging areas soil piles, graded areas
and unpaved access roads) shall be watered two times per day.
• All haul trucks transporting soil, sand, or other loose material off-site shall be
covered.
• All visible mud or dirt tracked-out onto adjacent public roads shall be removed
using wet power vacuum street sweepers at least once per day. The use of dry power
sweeping is prohibited.
• All vehicle speeds on unpaved roads shall be limited to 15 mph.
• All roadways, driveways, and sidewalks to be paved shall be completed as soon
as possible.
• Building pads shall be laid as soon as possible after grading unless seeding or
soil binders are used.
• Idling times shall be minimized either by shutting equipment off when not in use
or reducing the maximum idling time to five (5) minutes (as required by the California
airborne toxics control measure; Title 13, Section 2485 of California Code of Regulations
(CCR)). Clear signage shall be provided for grading and construction workers at all
access points.
• All construction equipment shall be maintained and properly tuned in accordance
with manufacturer’s specifications. All equipment shall be checked be a certified
mechanic and determined to be running in proper condition prior to operation.
37. The Project sponsor shall inform the contractor, general contractor or site supervisor of
these requirements and shall be responsible for informing subcontractors of these requirements
and for implementing these measures on the site.
38. A dust control / noise control coordinator shall be designated for the Project.
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a. A publicly visible sign shall be posted on the site with the telephone number and
the name of person regarding dust or construction complaints. This person shall be the
applicant or contractor team and shall have the authority to take corrective action. The
coordinator shall respond to any complaints and take corrective action within 48 hours of
receipt. The BAAQMD phone number and City of San Rafael phone numbers shall also
be visible to ensure compliance with applicable regulations.
b. Prior to issuance of the building permit, the form, design and content of the sign
shall be reviewed and approved by the Planning Division.
39. The project shall comply with the City’s inclusionary or affordable housing requirement
(currently Section 14.16.030 of the SRMC) plus the additional affordable housing required by
the City to grant the applicant’s request for both a height bonus and a density bonus beyond
provisions provided by the State Density Bonus law:
a. The project is required to provide nine (9) below-market-rate or BMR units
composed of five (5) BMR units at the very low-income household level and four (4)
BMR units at the low-income household level) to comply with the City’s inclusionary or
affordable housing requirement; plus
b. As offered by the applicant, the project shall provide an additional three (3) BMR
‘studio’ units at the moderate-income household level for a period ten (10) years.
c. The project sponsor is required to enter into a BMR (below-market-rate)
agreement with Marin Housing Authority, deed-restricting the income level for occupancy
of the affordable units and obtain City Council approval of the BMR agreements. The
configuration of the BMR units shall reflect the generally configuration of the total units
approved by the project, with the exception of the three (3) BMR units at the moderate-
income household level which will be ‘studio’ units. These BMR units shall be spread out
evenly throughout the floors of the new building. The specific location of these BMR
units may ‘float’ though they shall not be ‘bunched’ together. These BMR units shall be
comparable in size, finishes and unit mixture to the market rate units.
Department of Public Works
40. A grading permit is required for the project from the Department of Public Works (111
Morphew St.). The grading permit submittal shall include a site-specific erosion and sediment
control plan
41. The project sponsor shall obtain an encroachment permit for any work within the Right-
of-Way (ROW) from the Department of Public Works. Access to the adjacent properties shall be
maintained throughout construction unless alternative arrangements are made.
42. All exterior doors shall not swing into the public Right-of-Way (ROW), pursuant to CBC
3202.2).
43. Given the scope of the project and available staff time, third party inspection may be
required on behalf of the City. If determined necessary by the Department of Public Works, a
deposit may be required to fund inspection activity, including but not limited to grading, traffic,
drainage, and access.
44. Frontage improvements shall include new sidewalk, curb and gutter. Any reduction in the
frontage improvements shall be determined by the Department of Public Works at the time of
issuance of a building permit, or as approved based on field observations during construction.
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Repaving extents of the adjacent roadways shall be determined at the time of encroachment
permit application. For moratorium streets full width resurfacing shall be required.
A conduit shall be provided along the frontage, to serve future City communication system
upgrades, such as signal interconnection.
45. This site is located within Special Flood Hazard Area Zone AH with a Base Flood
Elevation (BFE) of 11.0 feet. Improvements shall meet FEMA’s flood damage resistant materials
guidelines as provided in Technical Bulletin 2. The areas located below the base flood elevation
shall be designed to resist hydrodynamic forces and include protection for mechanical and
electrical systems as required in Technical Bulletin 7. More information is available on FEMA’s
website, with Technical Bulletins listed at: https://www.fema.gov/media-library/collections/4.
46. This project includes more than 5,000 square feet of total impervious area replacement
and creation and is a regulated project. Provide a stormwater control plan in compliance with
MCSTOPPP requirements. This is a short-written document to accompany the plan set. A
stormwater facilities maintenance agreement is also required. More information is available from
MCSTOPPP, hosted on the Marin County Website. See tools and guidance, and post
construction requirements at:
http://www.marincounty.org/depts/pw/divisions/mcstoppp/development/new-and-redevelopment-
projects.
47. Prior to building permit issuance, additional information on the maintenance of the
proposed stormwater bioretention treatment facilities as well as a stormwater facility
maintenance agreement shall be required.
48. 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.
49. The project shall pay a traffic mitigation fees, to be determined at the time of building
permit issuance. The final fee shall include a reduction based on the number of peak hour trips
resulting from the 12 affordable or BMR units required by the project. Additional traffic control
enhancements may be required in and around the project site, as discussed in the revised traffic
study (Fehr and Peers, dated January 14, 2019) for the project.
San Rafael Sanitation District (SRSD)
50. Prior to building permit issuance, sewer connection fees are required for the proposed
new residential units (currently $1,159,152.00, based on 120 units at $9,659.60 per unit).
51. New sewer connection fees are required for the commercial space as well, if plumbing
fixtures are proposed. These fees have not been calculated by SRSD.
52. Credit for existing plumbing fixtures has not been calculated. In order to receive credit for
these fixtures in the existing buildings proposed for demolition, the project sponsor shall submit
plans to SRSD which include a full inventory of the existing facilities accompanied by photos.
53. Provide calculations to SRSD on the potential wastewater flow that will be generated
daily from the proposed 120 residential units and any commercial space.
54. Reference Civil Drawing Sh. C.5:
a. A backflow prevention device is required for the project.
b. The sewer lateral shall be connected to the sewer mainline using a wye
connection and shear band couplings.
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c. Drainage to the trench drains shall be limited to the water flow from within the
enclosed garage area. No stormwater runoff from the sidewalk or any area outside the
garage shall drain to the trench drains that connect to the sanitary sewer system.
Community Development Department, Building Division
55. School fees will be required for the project to be paid to the School district, prior to
issuance of a building permit. Calculations for the fee are done by San Rafael City Schools, and
those fees (currently computed at $3.79 per square foot of new living area and $0.61 per square
foot of new non-living building area) are paid directly to them (currently 310 Nova Albion Way,
San Rafael, CA 94903). Proof of payment shall be submitted to the Building Division prior to
issuance of the building permit.
56. Prior to any use or occupancy of this building or structure or any portion there of a
“Certificate of Occupancy” must be issued by the Chief Building Official pursuant to California
Building Code Section 111.1. Failure to secure a “Certificate of Occupancy” is a violation and
will result in a $500 citation per day that the violation continues.
57. The design and construction of all site alterations shall comply with the current editions
of the California Building Code, Plumbing Code, Electrical Code, California Mechanical Code,
California Fire Code, California Energy Code, Title 24 California Energy Efficiency Standards,
California Green Building Standards Code and City of San Rafael Ordinances and
Amendments.
58. A building permit is required for the proposed work. Applications shall be accompanied
by four (4) complete sets of construction drawings to include:
a. Architectural plans
b. Structural plans
c. Electrical plans
d. Plumbing plans
e. Mechanical plans
f. Site/civil plans (clearly identifying grade plan and height of the building)
g. Structural Calculations
h. Truss Calculations
i. Soils reports
j. Green Building documentation
k. Title-24 energy documentation
59. 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.
60. 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.
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c. More than 12 inches into areas where openings are prohibited.
61. The occupancy classification, construction type and square footage of the new 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.
62. The new buildings contain 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, non-separated
occupancies, and separated occupancies) to address the mixed-occupancy concerns.
63. Buildings located four (4) or more stories above grade plane shall provide one stairwell
extending to the roof, unless the roof slope exceeds an angle of 4 vertical to 12 horizontal CBC
1009.13.
64. The maximum area of unprotected and protected openings permitted in the exterior wall
in any story of a building shall not exceed the percentages specified in CBC Table 705.8
“Maximum Area of Exterior Wall Openings Based on Fire Separation Distance and Degree of
Opening Protection.” To calculate the maximum area of exterior wall openings you must
provide the building setback distance from the property lines and then justify the percentage of
proposed wall openings and include whether the opening is unprotected or protected:
• 15% exterior wall openings (in any story) in sprinklered buildings where the
openings are 3’ to less than 5’ from the property line or buildings on the same property.
• 25% exterior wall openings (in any story) in sprinklered buildings where the
openings are 5’ to less than 10’ from the property line or buildings on the same property.
• 45% exterior wall openings (in any story) in sprinklered buildings where the
openings are 10’ to less than 15’ from the property line or buildings on the same
property
65. The new building shall 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. For new buildings, the address shall be internally-illuminated or
externally-illuminated and remain illuminated at all hours of darkness. Number shall be a
minimum 6 inches in height with ½ inch stroke for commercial applications. The address shall
be contrasting in color to their background (SMC 12.12.20).
66. Bollards must be placed in the garage to protect mechanical equipment from vehicular
damage when located in the path of a vehicle (if applicable).
67. Any demolition of existing structures shall require a permit. Demolition permit submittal
shall include three (3) copies of the site plan, asbestos certification and PG&E disconnect
notice. All required permits from the Bay Area Air Quality Management District shall be obtained
and documentation provided prior to building permit issuance and any work commencing.
68. A grading permit is required for any grading or site remediation, soils export, import and
placement. Provide a detailed soils report prepared by a qualified engineer to address these
procedures. In particular, the report should address the import and placement and compaction
of soils at future building pad locations and should be based on an assumed foundation
design. This information should be provided to Building Division and Department of Public
Works for review and comments prior to any such activities taking place.
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69. Prior to building permit issuance for the construction of the new building, geotechnical
and civil pad certifications are to be submitted. Building pad locations will have to be surveyed
and marked prior to placement of foundations.
70. 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 pursuant to CMC Table
4-4.
71. In the parking garage, 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.
72. The parking garage ceiling height shall have a minimum vertical clearance of 8’ 2” where
required for accessible parking.
73. Any public area within the new building shall be provided with sanitary facilities per CPC
Sec 412 and Table 4-1 (including provisions for persons with disabilities). Separate facilities
may be required for each sex depending on use.
74. In accordance with California Plumbing Code section 422, in business and mercantile
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.
75. 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 max distance not to exceed 500
feet. In stores with a floor area of 150 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 a
max distance not to exceed 300 feet.
76. 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”.
77. All buildings with four (4) or more floors and one or more elevators shall provide 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 ad door excluding return panels not
less than 80” x 54” and a minimum distance from wall to return panel not less than 51” with a
42” side slide door.
78. 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.
79. The project shall be designed to provide access to the physically disabled in accordance
with requirements of Title-24, California Code of Regulation. For existing buildings and facilities
when alterations, structural repairs or additions are made, accessibility improvements for
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persons with disabilities may be required. Improvements shall be made, but are not limited to,
the following accessible features:
a. Path of travel from public transportation point of arrival
b. Routes of travel between buildings
c. Accessible parking
d. Ramps
e. All public entrances
f. Sanitary facilities (restrooms)
g. Drinking fountains & Public telephones (when provided)
h. Accessible features per specific occupancy requirements
i. Accessible special features, (i.e., ATM's point of sale machines, etc.)
80. The site development of items such as common sidewalks, parking areas, stairs, ramps,
common facilities, etc. are subject to compliance with the accessibility standards contained in
Title-24, California Code of Regulations. Pedestrian access provisions should provide a
minimum 48" wide unobstructed paved surface to and along all accessible routes. Items such
as signs, meter pedestals, light standards, trash receptacles, etc., shall not encroach on this 4'
minimum width. Also, note that sidewalk slopes and side slopes shall not exceed published
minimums per California Title 24, Part 2. The civil, grading and landscape plans shall address
these requirements to the extent possible.
81. The parking garages shall have a minimum vertical clearance of 8’ 2” ceiling height
where required for accessible parking.
82. Multistory apartment buildings with three (3) or more residential units or condominium
buildings with four (4) or more residential units shall provide at least 10% of the dwelling units,
but no less than one (1) dwelling unit, which comply with the accessible requirements per CBC
1102A.3, as follows:
a. The primary entry to the dwelling unit shall be on an accessible route unless
exempted by site impracticality tests in CBC Section 1150A.
b. At least one powder room or bathroom shall be located on the primary entry
level, served by an accessible route.
c. All rooms or spaces located on the primary entry level shall be served by an
accessible route. Rooms and spaces located on the primary entry level and subject to
this chapter may include but are not limited to kitchens, powder rooms, bathrooms, living
rooms, bedrooms or hallways.
83. Minimum shower size in the fully accessible room must be a minimum of 60” wide by
30”.
84. 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%.
85. When parking is provided for multifamily dwellings and is not assigned to a resident or a
group of residents, at least 5% of the parking spaces shall be accessible and provide access to
grade-level entrances of multifamily 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.
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86. Public accommodation disabled parking spaces must be provided according the
following table and must be uniformly distributed throughout the site:
Total Number of Parking
Spaces
Provided
Minimum Required Number of
H/C Spaces
1 to 25 1
26 to 50 2
51 to 75 3
76 to 100 4
101 to 150 5
151 to 200 6
201 to 300 7
301 to 400 8
401 to 500 9
501 to 1,000 Two percent of total
1,001 and over Twenty, plus one for each 100 or
fraction thereof over 1,001
87. At least one (1) disabled parking space shall be van-accessible, 9’ in width plus an 8’-
wide off- load area or 17’-wide overall. Additionally, one in every eight required handicap spaces
shall be van accessible.
88. The proposed residential units shall meet the sound attenuation requirements of CBC
Chapter 12. In particular, the residential units facing Third St., Tamalpais Ave. and Lincoln Ave.
may require special glazing and/or sound attenuation features to compensate for the adjacent
traffic/street noise.
89. This project is subject to the City of San Rafael Green Building Ordinance. A sliding
scale is applied based on the average unit square footage. New multi-family dwellings must
comply with the “Green Building Rating System” by showing a minimum compliance threshold
between 65 and 75 points. Additionally, the energy budget must also be below Title 24 Energy
Efficiency Standards a minimum 15%.
San Rafael Fire Department, Fire Prevention Bureau
90. The design and construction of all site alterations shall comply with the current editions
of the California Fire Code and City of San Rafael Ordinances and Amendments.
91. 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. Private Fire Service Main plans (Deferred Submittal to the Fire Prevention
Bureau)
d. Fire Alarm plans (Deferred Submittal to the Fire Prevention Bureau)
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92. Show the location of address numbers on the building elevation. The new building shall
have address identification placed in a position that is plainly legible and visible from the street or
road fronting the property. Please refer to Fire Prevention Bureau Premises Identification
Standards 09-1001, Table 1.
93. As 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.
b. The minimum unobstructed width for an aerial fire apparatus access road is 26’.
c. Overhead utility and power lines shall not be located within the aerial fire
apparatus access roadway, or between the roadway and the building.
94. Aerial fire apparatus access roads shall be designated “fire lanes”; with curbs painted
red and contrasting white lettering stating “No Parking Fire Lane” and signs shall be posted in
accordance CFC Section 503.3.
95. When a building is fully sprinklered, all portions of the exterior building perimeter shall be
located within 250’ of an approved fire apparatus access road.
96. Clarify if the fire flow requirements of Appendix B, table B105.1 of the CFC are being
met by the surrounding hydrants, The required hydrants shall be within 400 feet (400’) of all
exterior points of the new building.
97. Provide stairways for fire department roof access pursuant to CFC 504.3.
98. At least one (1) elevator in the new building shall be designated as an accessible means
of egress and will require emergency power. Please show the locations of the emergency
generators. Separate permits will be required to be issued for any above ground fuel storage
tanks pursuant to CBC 1009.2.1.
99. Each building shall provide a least one (1) elevator that will accommodate an ambulance
stretcher pursuant to CBC 3002.4.
100. Hazardous materials placards shall be installed in accordance with NFPA 704.
101. 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. Onsite fire hydrants.
d. Fire Department Connection (FDC).
e. Double detector check valve.
f. Street address sign.
g. Recessed Knox Box
h. Fire Alarm annunciator panel.
i. Provide a note on the plans as follows: “The designated fire apparatus access
roads and fire hydrant shall be installed and approved by the Fire Prevention Bureau
prior construction of the building”.
102. A Knox Box is required at the primary point of first response to the new building. A
recessed mounted Knox Box # 3275 Series is required for this project; the Knox Box shall be
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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.
103. The mechanical parking system shall comply with the following requirements:
a. The automatic fire sprinkler system shall be designed with the appropriate
coverage density.
b. The mechanical parking system shall allow for fire department access.
c. The mechanical parking system shall allow for appropriate heat and smoke
removal.
d. The mechanical parking system shall provide fire department manual shutoff and
operation (similar to elevator recall).
104. Mechanical, electrical and fire sprinkler riser rooms shall be identified pursuant to CFC
Section 509 (4-inch lettering, ½-inch stroke in a color that contrasts to background).
105. Contact the Marin Municipal Water District (MMWD) to make arrangements for MMWD
to provide adequate water supply service for the required fire protection system.
During Construction
Community Development Department, Planning Division
106. Applicant/contractor shall comply with all conditions of approval related to Construction
Management Plan, and other conditions related to construction impacts.
107. The following measures shall be implemented during the demolition process:
a. Watering shall be used to control dust generation during demolition of structures
and breakup of pavement.
b. All trucks hauling debris from the site shall be covered
c. Dust-proof chutes shall be used to load debris into trucks whenever feasible.
d. A dust control coordinator shall be designated for the project. The name,
address and telephone number of the dust coordinator shall be prominently posted on-
site and shall be kept on file at the Planning Division. The coordinator shall respond
regarding dust complaints promptly (within 24 hours) and shall have the authority to take
corrective action.
Marin Municipal Water District (MMWD)
108. District records indicate that the property’s current annual water entitlement is insufficient
to meet the water demand for the project and the purchase of additional water entitlement will be
required. Additional water entitlement will be available upon request and fulfillment of the
following requirements:
a. Complete a High-Pressure Water Service Application.
b. Submit a copy of the building permit.
c. Pay the appropriate fees and charges.
d. Comply with the District’s rules and regulations in effect at the time service is
requested, including the installation of a meter per structure per use.
e. Comply with all indoor and outdoor requirements of District Code Title 13 – Water
Conservation. Indoor plumbing fixtures shall meet specific efficiency requirements.
Landscape, irrigation, grading and fixture plans shall be submitted to the District for
review and approval. Any questions regarding District Code Title 13 – Water
Conservation should be directed to the District’s Water Conservation Department at
(415) 945-1497. You may also find information on the District’s water conservation
requirements online at www.marinwater.org.
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f. Comply with the backflow prevention requirements, if upon the Districts review
backflow protection is warranted, including installation, testing and maintenance.
Questions regarding backflow requirements should be directed to the Backflow
Prevention Program Coordinator at (415) 945-1558.
g. Use of recycled water is required, where available, for all approved uses,
including irrigation and the flushing of toilets and urinals. Questions regarding the use of
recycled water should be directed to Dewey Sorensen at (415) 945-1558.
h. Installation of gray water recycling systems is required when practicable.
Pacific Gas & Electric
109. Electric and gas service to the project site will be provided in accordance with the
applicable extension rules, which are available on PG&E’s website at
http://www.pge.com/myhome/customerservice/other/newconstruction or contact (800) PGE-
5000. It is highly recommended that PG&E be contacted as soon as possible so that there is
adequate time to engineer all required improvements and to schedule any site work.
110. The cost of relocating any existing PG&E facilities or conversion of existing overhead
facilities to underground shall be the sole responsibility of the applicant or property owner.
111. Prior to the start excavation or construction, the general contractor shall call
Underground Service Alert (USA) at (800) 227-2600 to have the location of any existing
underground facilities marked in the field.
Prior to Occupancy
Community Development Department, Planning Division
112. Prior to occupancy of any of the units, a post-construction report from an acoustical
engineer shall be submitted to the Planning Division verifying that the multifamily residential units
comply with the interior noise standard as prescribed by State Administrative Code standards,
Title 25, Part 2.
113. Prior to occupancy of any of the units, a post-construction report from a lighting engineer
shall be submitted to the Planning Division verifying that the lighting levels of the project comply
with the City’s recommended lighting levels (see SRMC Section 14.16.227).
114. Prior to occupancy, the project Geotechnical Engineer shall submit a letter to the City
identifying that the project Geotechnical Engineer inspected the project during the construction
and the project complied with their recommendations and that all recommendations were
property incorporated during construction of the project
115. Final inspection of the project by the Community Development Department, Planning
Division, is required. The applicant shall contact the Planning Division to request a final
inspection upon completion of the project. The final inspection shall require a minimum of 48-
hour advance notice.
116. The landscape architect for the project shall submit a letter to the Planning Division,
confirming the landscaping has been installed in compliance with the approved project plans and
the irrigation is fully functioning.
After Occupancy
Community Development Department, Planning Division
117. Following the issuance of a Certificate of Occupancy, all new exterior lighting shall be
subject to a 90-day lighting level review period by the City to ensure that all lighting sources
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provide safety for the building occupants while not creating a glare or hazard on adjacent streets
or be annoying to adjacent residents. During this lighting review period, the City may require
adjustments in the direction or intensity of the lighting, if necessary. All exterior lighting shall
include a master photoelectric cell with an automatic timer system, where the intensity of
illumination shall be turned off during daylight.
Lot Line Consolidation (LLA18-001) Conditions of Approval
Prior to Issuance of Grading/Building Permits
Community Development Department, Planning Division
1. The applicant shall submit five (5) copies of the plat map showing the existing and
proposed lot lines, the location of any existing structures, easements, prominent trees and
access to all public streets, and a copy of Grant Deed, prepared for the lot line consolidation, for
review by the City Engineer and approval, prior to recordation with the County of Marin
Recorder’s Office.
PUBLIC COMMENT
Notice of hearing for the project was conducted in accordance with noticing requirements contained
in Chapter 14 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. One comment was received in opposition to the project. The
concern stated was related to traffic.