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HomeMy WebLinkAboutPlanning Commission 2025-05-13 Agenda Packet Planning Commission Regular Meeting Tuesday, May 13, 2025 - 7:00 P.M. AGENDA Participate In-Person: San Rafael City Council Chambers 1400 Fifth Avenue, San Rafael, CA 94901 Watch Online: Watch on Zoom Webinar: http://tinyurl.com/Planning-Commision-24 Watch on YouTube: http://www.youtube.com/cityofsanrafael Listen by phone: 1 (669) 444-9171 ID: 840 9897 7308# One Tap Mobile: US: +16694449171, 84098977308# This meeting will be held in-person. This meeting is being streamed to YouTube at www.youtube.com/cityofsanrafael. How to participate in the meeting: • You are welcome to come to the meeting and provide public comment in person. Each speaker will have 3-minutes to provide public comment. • Submit your comments by email to PlanningPublicComment@cityofsanrafael.org by 4:00 p.m. the day of the meeting. If you experience technical difficulties during the meeting, please contact PlanningPublicComment@cityofsanrafael.org. A. CALL TO ORDER B. RECORDING OF MEMBERS PRESENT AND ABSENT C. APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS D. PUBLIC NOTIFICATION OF MEETING PROCEDURES E. ORAL COMMUNICATIONS FROM THE PUBLIC Remarks are limited to three minutes per person and may be on anything within the subject matter jurisdiction of the body. Remarks on non-agenda items will be heard first, remarks on agenda items will be heard at the time the item is discussed. F. CONSENT CALENDAR The Consent Calendar allows the Commission to take action, without discussion, on Agenda items for which there are no persons present who wish to speak, and no Commission members who wish to discuss. 2 1. Draft Minutes of June 18, 2024 2. Draft Minutes of July 23, 2024 3. Draft Minutes of August 27, 2024 4. Draft Minutes of December 10, 2024 5. Draft Minutes of January 28, 2025 6. Draft Minutes of February 25, 2025 G. ACTION ITEMS 1. 930 Irwin Street – New Residential Building. Request for an Environmental and Design Review Permit and Merger for a proposed new 8-story residential building with 210 units; APNs: 014-123-21, -27, and -28; T5N 50/70 and T4N 40/50 Zoning District; Seagull Prime Real Estate Fund, LLC, owner; Mill Creek Residential, LLC, applicant. The project has been determined to be exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15332 (In-fill Development Projects) of the CEQA Guidelines as the activity in question entails infill residential development in the City of San Rafael. Project Planner: Kristina Estudillo, Principal Planner Kristina.estudillo@cityofsanrafael.org Recommended Action – It is recommended that the San Rafael Planning Commission receive staff’s report and public input on the Project and adopt the Resolution included in the staff report approving the Environmental and Design Review and Merger applications as presented, subject to findings and conditions of approval. H. DIRECTOR’S REPORT 1. Economic Development Major Project Pipeline Presentation of the Community and Economic Development Department’s Economic Development Major Project Pipeline summarizing upcoming major development projects that have been submitted to the City of San Rafael. Community and Economic Development Director: Micah Hinkle micah.hinkle@cityofsanrafael.org Recommended Action – Receive a presentation on the Economic Development Major Project Pipeline. II. COMMISSION COMMUNICATION I. ADJOURNMENT Any records relating to an agenda item, received by a majority or more of the Commission less than 72 hours before the meeting, shall be available for inspection online. Sign Language interpreters may be requested by calling (415) 485-3066 (voice), emailing city.clerk@cityofsanrafael.org or using the California Telecommunications Relay Service by dialing “711”, at least 72 hours in advance of the meeting. Copies of documents are available in accessible formats upon request. The Planning Commission will take up no new business after 11:00 p.m. at regularly scheduled meetings. This shall be interpreted to mean that no agenda item or other business will be discussed or acted upon after the agenda item under consideration at 11:00 p.m. The Commission may 3 suspend this rule to discuss and/or act upon any additional agenda item(s) deemed appropriate by a unanimous vote of the members present. Appeal rights: any person may file an appeal of the Planning Commission's action on agenda items within five business days (normally 5:00 p.m. on the following Tuesday) and within 10 calendar days of an action on a subdivision. An appeal letter shall be filed with the City Clerk, along with an appeal fee of $350 (for non-applicants) or a $5,000 deposit (for applicants) made payable to the City of San Rafael and shall set forth the basis for appeal. There is a $50.00 additional charge for request for continuation of an appeal by appellant. 1 Minutes subject to approval at the meeting of May 13, 2025 Planning Commission Regular Meeting Tuesday, June 18, 2024, 7:00 P.M. Minutes Participate In-Person: San Rafael City Council Chambers 1400 Fifth Avenue, San Rafael, CA 94901 or Participate Virtually: Watch on Webinar: http://tinyurl.com/Planning-Commision-24 Watch on YouTube: http://www.youtube.com/cityofsanrafael Telephone: 1 (669) 444-9171 Meeting ID: 840 9897 7308# One Tap Mobile: US: +16694449171, 84098977308# CALL TO ORDER Chair Haveman called the meeting to order at 7:02 PM. He then invited Principal Planner Kristina Estudillo to call roll. RECORDING OF MEMBERS PRESENT AND ABSENT PRESENT: JON PREVITALI, COMMISSIONER JILL RODBY, COMMISSIONER SHINGAI SAMUDZI, COMMISSIONER SAMINA SAUDE, COMMISSIONER JON HAVEMAN, CHAIR ABSENT ALSO PRESENT: Micah Hinkle, Community and Economic Development Director Kristina Estudillo, Principal Planner APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS Chair Haveman asked if there are any changes to the order of the Agenda. No changes were made to the order of the Agenda. PUBLIC NOTIFICATION OF MEETING PROCEDURES Chair Haveman stated that members of the public may provide comments with a time limit set by the Planning Commission and continued to provide directions on how to provide public comments and to participate in the meeting. The Principal Planner Estudillo provided instructions on how to watch the meeting via Zoom and You Tube, as well as provided instruction on participation rules. 2 ORAL COMMUNICATIONS FROM THE PUBLIC Chair Haveman provided instructions to members of the public who wanted to share remarks on topic(s) not on the agenda with Planning Commission. Chair Haveman set the time limit for three minutes per person. San Rafael resident, Amy Listover provided suggestions for future staff reports regarding hyperlinks to the Municipal Code. CONSENT CALENDAR 1. No items on the consent calendar. ACTION ITEMS 1. The San Rafael Planning Commission will meet to consider an ordinance amending Titles 2, 14 and 15 of the San Rafael Municipal Code to eliminate the Design Review Board and transfer existing duties of the Design Review Board to other decisionmakers. The Planning Commission will make a recommendation to the City Council regarding the ordinance. Project Planner: Margaret Kavanaugh Lynch, Planning Manager Recommended action: (1) Continue deliberation and ask questions of the staff, as needed. (2) Approve the Resolution to recommend that the City Council: a. Modify Title 2 to add design professionals to the Planning Commission. b. Amend other municipal code references to the Design Review Board as described in this staff report and draft resolution. Chair Haveman provides comments on how the commission will answer questions Community and Economic Development Director Hinkle provided comments regarding public communication to the commission and mentions the receival of a letter from Responsible Growth in Marin, who is also in attendance. Chair Haveman opens floor to public comment San Rafael resident, Shirley Fisher provided suggestions for DBR. San Rafael resident, David Smith provided comments for DRB. San Rafael resident, Grace Garrity provided comments regarding the combination of the Planning Commission and DRB. Sann Rafael resident, Amy Listover provide d comments on DRB and the Planning Commission. Commissioner Rodby then asks staff questions regarding the difference in the report to the staff recommendation. Community and Economic Development Director Hinkle provides a response to the questions. Community and Economic Development Director Hinkle provides clarifying response. 3 Chair Haveman asks staff for a brief report Community and Economic Development Director Hinkle provides the staff report to the Commission Commissioner Saude provided questions regarding the roles of the Planning Commission Community and Economic Development Director Hinkle provided a response to the questions Commissioner Saude then provides further questions on the language being used from Title 2 for the Planning Commission, and the recommendation to use it. Community and Economic Development Director Hinkle provides a response Principal Planner Estudillo adds to the response to further clarify Commissioner Saude continues to provide questions to staff Community and Economic Development Director provided a response to questions Principal Planner Estudillo adds clarifying comments to the questions asked Commissioner Saude then provided comments regarding parking lot screening and landscaping as well as sign ordinances and the permitting involved. Community and Economic Development Director Hinkle provides a response to the questions. Commissioner Saude then asks if the definition of a Design Professional. Community and Economic Development Director Hinkle provides an answer. Chair Haveman provided comments on how DRB and Planning Commission will separate levels of review. Community and Economic Development Director Hinkle provided a response Commissioner Previtali provided comments on how to receive more comments from the public Community and Economic Development Director Hinkle responded to the comment Commissioner Previtali asks Principal Planner Estudillo about her experience in Sonoma Principal Planner Estudillo provided a response to the questions. Commissioner Previtali then provided questions regarding pre applications Principal Planner Estudillo provided a response to the questions. Commissioner Previtali then asks Community and Economic Development Director Hinkle about objective design standards and what the process is like. Community and Economic Development Director Hinkle provided clarification 4 Chair Haveman then opened the discussion amongst the Planning Commissioners Commissioner Saude provided comments to other commissioners Commissioner Samudzi also provided comments to other commissioners Commissioner Rodby provided comments regarding the items that will be going to Planning Commission if the DRB is dissolved. Commissioner Saude provided a response to the comments Commissioner Previtali provided comments on the possibility of extending the time to decide and ask the city council to assist. Chair Haveman provided comments addressing Commissioner Previtalis concerns. Commissioner Saude provided comments on what should be added to the staff’s recommendation by going over individual items. Principal Planner Estudillo aided in determining which items would fall under which discretion. Chair Haveman closed the comments and requested a motion Commissioner Samudzi provided a motion to approve the resolution with the suggestions from the Planning Commission. Commioner Rodby seconded the motion Chair Haveman instructed the Principal Planner Estudillo to take roll: AYES: Commissioners Previtali, Rodby, Samudzi, Saude and Chair Haveman NOES: None ABSENT: Commissioners ABSTAIN: None Motion carried 5-0 DIRECTOR’S REPORT Community and Economic Development Director Hinkle welcomed new Principal Planner Estudillo COMMISSION COMMUNICATION None 5 ADJOURNMENT There being no further business, Chair Haveman adjourned the meeting at 9:14 PM. _____________________________ Margaret Kavanaugh-Lynch, Planning Manager Minutes subject to approval at the meeting of May 13, 205 Planning Commission Regular Meeting Tuesday, July 23, 2024, 7:00 P.M. Minutes Participate In-Person: San Rafael City Council Chambers 1400 Fifth Avenue, San Rafael, CA 94901 or Participate Virtually: Watch on Webinar: http://tinyurl.com/Planning-Commision-24 Watch on YouTube: http://www.youtube.com/cityofsanrafael Telephone: 1 (669) 444-9171 Meeting ID: 840 9897 7308# One Tap Mobile: US: +16694449171, 84098977308# CALL TO ORDER Chair Haveman called the meeting to order at 7:00 PM. He then invited Planning Manager Margaret Kavanaugh-Lynch to call roll. RECORDING OF MEMBERS PRESENT AND ABSENT PRESENT: JON PREVITALI, COMMISSIONER JILL RODBY, COMMISSIONER SAMINA SAUDE, COMMISSIONER JON HAVEMAN, CHAIR ABSENT ALDO MERCADO, COMMISSIONER ALSO PRESENT: MARGARET KAVANAUGH-LYNCH, PLANNING MANAGER MICAH HINKLE, COMMUNITY AND ECONOMIC DEVELOPMENT DIRECTOR NIRA DOHERTY, LEGAL COUNSEL APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS Chair Haveman asked if there are any changes to the order of the Agenda. No changes were made to the order of the Agenda. PUBLIC NOTIFICATION OF MEETING PROCEDURES Chair Haveman stated that members of the public may provide comments with a time limit set by the Planning Commission and continued to provide directions on how to provide public comments and to participate in the meeting. The Planning Manager provided instructions on how to watch the meeting via Zoom and You Tube, as well as provided instruction on participation rules. 2 ORAL COMMUNICATIONS FROM THE PUBLIC Chair Haveman provided instructions to members of the public who wanted to share remarks on topic(s) not on the agenda with Planning Commission. Chair Haveman set the time limit for three minutes per person. No speakers provided public testimony. CONSENT CALENDAR 1. Draft Planning Commission Minutes of February 13, 2024 Commissioners Previtali and Rodby motion to approve the minutes Chair Haveman invited Planning Manager Kavanaugh-Lynch to call roll Motion passes unanimously ACTION ITEMS 1. Modification of a previously approved project located at 1515 Fourth Street. Request for a Use Permit is to operate a state licensed residential care facility for the elderly (RCFE) containing 155 senior independent and assisted living units, and 28 secured memory care units at 1515 4th Street. APN: 011 -245-41 PLAN2024-033. Project Planners: Margaret Kavanaugh Lynch , Planning Manager and Micah Hinkle, Community and Economic Development Director Recommended action: Hold a public hearing and recommend approval of the project to City Council. Chair Haveman asked for the Staff Report from Planning Manager Kavanaugh-Lynch. Planning Manager Kavanaugh-Lynch provided a presentation on the proposed project. Community and Economic Development Director Hinkle provided clarifying comments regarding linkage fee Commissioner Previtali provided questions regarding fee waivers Planning Manager Kavanaugh -Lynch provided a response referencing the different density bonuses. Commissioner Previtali provided comments questioning traffic conditions. Planning Manager Kavanaugh Lynch provided a response to the comments Commissioner Saude provided questions regarding conditional use permits , as well as the differences between the types of housing going into the location. Planning Manager Lynch provided a response to the comments. Community and Economic Development Director Hinkle introduced Legal Counsel Doherty to provide comments. 3 Legal Counsel Doherty provided clarifying comments regarding the differentiating housing types. Chair Haveman proceeds to invite the applicant to provide their presentation. Applicant Tom Monahan provided a brief presentation . Applicant Andy Gerber provided more information on why the senior living is needed in San Rafael. Applicant Troy Verner follows up with more clarification on the size of the building and finishes giving the presentation. Chair Haveman opens floor to Commissioners to begin questions. Commissioner Rodby provides comments regarding staffing of the senior facility. Applicant Gerber provided a response to the comments Commissioner Previtali provided comments on the change of use. Applicant Monahan provided a response to the comments Commissioner Previtali provided comments regarding the outdoor space. Applicant Gerber provided a response to the comments. Planning Manager Kavanaugh Lynch and Community and Economic Development Director Hinkle provide comments on the publicly accessible civic space within the facility pursuant to the downtown precise plan. Chair Haveman provided comments to applicants regarding the use of the facility’s kitchen space. Applicant Gerber provided a response to the comments. Chair Haveman opened the floor to public comments. San Rafael resident, Brad Sears provided comments opposing the proposed facility. Member of the public Devin Kessler provided comments in favor of the proposal. Albany Resident, Peggy McQuaid provided comments in favor of the proposal. Marin County resident Veronica Sibley provided comments in favor of the proposal. San Rafael resident, Martha Walters provided comments questioning the data for the proposed facility and recommended more information be provided before a decision is made. San Rafael business owner, Lisa Whitesgar provided comments in favor of the proposal. Member of the public, Mark Mcelon provided comments regarding possible traffic congestion. 4 Member of the public, Darcy provided comments on the size of the building. Member of the public, Hayden Garau provided comments in favor of the proposal. San Rafael resident, Jim Curtis provided comments regarding the affordability of the facility as well as issues related to traffic. Member of the public, Joe Mccallum provided comments in favor of the proposal. San Anselmo resident, Paige Cross provided comments in favor of the proposal. Albany resident, Jackie Wallberger provided comments in favor of the proposal. Albany resident, Nico Wallberger provided comments in favor of the proposal. San Rafael resident, Bridget Hope provided comments on the location of the proposal. Chair Haveman closed the floor to public comment and began questions to staff. Planning Manager Kavanaugh Lynch provided clarifying comments. Community and Economic Development Director Hinkle provides further clarification. Commissioner Rodby provided comments regarding linkage fee. Housing Manager Alexis Captanian provided a response to the question. Applicant Gerber provided clarification on the type of units and its relation to the density bonus. Commissioner Previtali provided comments regarding the the benefits of the proposal. Commissioner Saude provided comments on the use of the proposal. Commissioner Rodby provided comments. Chair Haveman provided comments. Commissioner Previtali provided comments. Community and Economic Development Director Hinkle provided clarifying comments. Chair Haveman requested a motion. Commissioner Rodby provided a motion to approve the resolution with the staff recommended amendments. Commissioner Saude seconded the motion. Chair Haveman instructed the Planning Manager Kavanaugh -Lynch to take roll: 5 AYES: Commissioners. Previtali, Rodby, Saude, and Chair Haveman NOES: None ABSENT: Commissioners Mercado ABSTAIN: None Motion carried 4-0 DIRECTOR’S REPORT Community and Economic Development Director Hinkle announced that the Planning Department is fully staffed with the addition of Principal Planner Jose Herrera. As well as the approval of the second reading for the consolidation of the design review board and planning commission. Planning Manager Kavanaugh Lynch provides comments to the Planning Commission regarding upcoming meetings. COMMISSION COMMUNICATION None ADJOURNMENT There being no further business, Chair Haveman adjourned the meeting at 9:10 PM. _____________________________ Margaret Kavanaugh-Lynch, Planning Manager Minutes subject to approval at the meeting of May 13, 2025 Planning Commission Regular Meeting Tuesday, August 27, 2024, 7:00 P.M. Minutes Participate In-Person: San Rafael City Council Chambers 1400 Fifth Avenue, San Rafael, CA 94901 or Participate Virtually: Watch on Webinar: http://tinyurl.com/Planning-Commision-24 Watch on YouTube: http://www.youtube.com/cityofsanrafael Telephone: 1 (669) 444-9171 Meeting ID: 840 9897 7308# One Tap Mobile: US: +16694449171, 84098977308# CALL TO ORDER Chair Haveman called the meeting to order at 7:00 PM. He then invited Planning Manager Margaret Kavanaugh-Lynch to call roll. RECORDING OF MEMBERS PRESENT AND ABSENT PRESENT: ALDO MERCADO, COMMISSIONER JON PREVITALI, COMMISSIONER JILL RODBY, COMMISSIONER STEWART SUMMERS, COMMISSIONER JON HAVEMAN, CHAIR ABSENT SAMINA SAUDE, COMMISSIONER ALSO PRESENT: MARGARET KAVANAUGH-LYNCH, PLANNING MANAGER KRISTINA ESTUDILLO, PRINCIPAL PLANNER APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS Chair Haveman asked if there are any changes to the order of the Agenda. No changes were made to the order of the Agenda. PUBLIC NOTIFICATION OF MEETING PROCEDURES Chair Haveman stated that members of the public may provide comments with a time limit set by the Planning Commission and continued to provide directions on how to provide public comments and to participate in the meeting. The Planning Manager provided instructions on how to watch the meeting via Zoom and You Tube, as well as provided instruction on participation rules. 2 ORAL COMMUNICATIONS FROM THE PUBLIC Chair Haveman provided instructions to members of the public who wanted to share remarks on topic(s) not on the agenda with Planning Commission. Chair Haveman set the time limit for three minutes per person. No speakers provided public testimony. CONSENT CALENDAR 1. Draft Planning Commission Minutes of June 11, 2024. Recommended Action – Approve as submitted Commissioner Mercado motioned the approval followed by a second motion by Commissioner Previtali. Chair Haveman invites Planning Manager Lynch to call roll. Motion passes unanimously to accept Draft Minutes of June 11th, 2024 Planning Commission. ACTION ITEMS 1. 350 Merrydale/3833 Redwood Hwy – Merrydale Townhomes Request for a time extension for the Merrydale Townhomes entitlements Tentative Map (TS18-006), Use Permit (UP 18-039), and Environmental and Design Review Permit (ED 18-100) that would support the construction of a 45- unit condominium project. APN: 179-041-27 and 179-041-28. California Environmental Quality Act (CEQA) Review: A Mitigated Negative Declaration was prepared for the project and adopted by the Planning Commission on February 3, 2020 by Resolution No. 14762. Project Planner: Kristina Estudillo, Principal Planner Recommended action: Approve the Extension of Time, based on the findings and subject to the conditions found in the staff report. Chair Haveman asked for the Staff Report from Planning Manager Kavanaugh-Lynch. Planning Manager Kavanaugh-Lynch introduced the Principal Planner Estudillo who provided a presentation on the proposed project. Principal Planner Estudillo provided a response on possible options for the Planning Commission’s action. Commissioner Rodby provided comments regarding the sanitation letter which hadn’t been yet received. Principal Planner Estudillo provided a response to the comments. Chair Haveman invited applicant to give their presentation. 3 Applicant Michael Hooper gives presentation. Chair Haveman thanked applicant and then opened the floor to questions. Commissioner Previtali provided comments regarding the extension time. Applicant Hooper responded to the comments. Commissioner Previtali provided comments regarding the funding of the project. Applicant Hooper responded to the comments. Commissioner Rodby provided comments regarding the timeline of the project. Applicant Hooper provided a response to the comments. Chair Haveman provided comments regarding sanitation. Applicant Hooper provided a response to the comments. Chair Haveman then opened the floor for public comment. No comments from the public were made. Chair Haveman requested a motion as there was no deliberation. Mercado motioned to approve staff recommendation. Commissioner Summers seconded the motion. Chair Haveman instructed the Planning Manager Kavanaugh-Lynch to take roll: AYES: Commissioners Mercado, Previtali, Rodby, Summers, and Chair Haveman NOES: None ABSENT: Commissioners Saude ABSTAIN: None Motion carried 4-0 Planning Manager Kavanaugh Lynch proceeded to explain the process of an appeal. DIRECTOR’S REPORT Planning Manager Kavanaugh-Lynch reported that there will be an upcoming study session for Northgate on 9/24/24, as well as the planning commission meeting which will be held on 10/29/24. 4 COMMISSION COMMUNICATION Commissioner Previtali provided comments regarding the city council approval of a temporary homeless camp as well as the upcoming sea level rise report. Commissioner Summers commented that he will not be able to attend the 9/24/24 study session for Northgate. ADJOURNMENT There being no further business, Chair Haveman adjourned the meeting at 7:40 PM. _____________________________ Margaret Kavanaugh-Lynch, Planning Manager Minutes subject to approval at the meeting of May 13, 2025 Planning Commission Regular Meeting Tuesday, December 10, 2024, 7:00 P.M. Minutes Participate In-Person: San Rafael City Council Chambers 1400 Fifth Avenue, San Rafael, CA 94901 or Participate Virtually: Watch on Webinar: https://tinyurl.com/2025-PC-Meeting Watch on YouTube: http://www.youtube.com/cityofsanrafael Telephone: 1 (669) 444-9171 Meeting ID: 836 5104 9034# One Tap Mobile: US: +16694449171, 83651049034# CALL TO ORDER Chair Haveman called the meeting to order at 7:00 PM. He then invited Planning Manager Margaret Kavanaugh-Lynch to call roll. RECORDING OF MEMBERS PRESENT AND ABSENT PRESENT: ALDO MERCADO, COMMISSIONER SAMINA SAUDE, COMMISSIONER STEWART SUMMERS, COMMISSIONER DANIELLE O’LEARY, COMMISSIONER JON HAVEMAN, CHAIR ABSENT JON PREVITALI, COMMISSIONER JILL RODBY, COMMISSIONER ALSO PRESENT: MARGARET KAVANAUGH-LYNCH, PLANNING MANAGER APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS Chair Haveman asked if there are any changes to the order of the Agenda. No changes were made to the order of the Agenda. PUBLIC NOTIFICATION OF MEETING PROCEDURES Chair Haveman stated that members of the public may provide comments with a time limit set by the Planning Commission and continued to provide directions on how to provide public comments and to participate in the meeting. The Planning Manager provided instructions on how to watch the meeting via Zoom and You Tube, as well as provided instruction on participation rules. 2 ORAL COMMUNICATIONS FROM THE PUBLIC Chair Haveman provided instructions to members of the public who wanted to share remarks on topic(s) not on the agenda with Planning Commission. Chair Haveman set the time limit for three minutes per person. No speakers provided public testimony. CONSENT CALENDAR 1. Draft Minutes of 10/29/2024 Commissioner Saude motioned to approve the minutes Commissioner Mercado seconded the motion Chair Haveman asked Planning Manager Kavanaugh-Lynch to take roll AYES: Commissioners Mercado, Saude, O’leary, and Chair Haveman NOES: None ABSENT: Commissioners Previtali, Rodby ABSTAIN: Summers The motion to approve the minutes from the 10/29/2024 planning commission meeting ACTION ITEMS 1. 709 C Street – Request to consider a Tentative Map to allow a four lot residential condominium subdivision of a property located at 709 C Street. Project Planner: Margaret Kavanaugh Lynch, Planning Manager Recommended action: It is recommended that the San Rafael Planning Commission receive staff’s report and public input on the Project and approve the Resolution included in the staff report. Chair Haveman asked for the Staff Report from Planning Manager Kavanaugh-Lynch. Planning Manager Kavanaugh -Lynch provided a presentation on the proposed project. Commissioner Summers provided comments regarding the original approval of the project. Commissioner Saude provided clarifying comments, as well as questions regarding the levels of reviewal. Planning Manager Kavanaugh -Lynch provided a response to the questions. Commissioner Saude provided comments regarding parking for the project. Planning Manager Kavanaugh-Lynch provided a response to the comments. Commissioner Summers provided comments to the applicant regarding parking. 3 Civil Engineer, Wayne Leach provided a response to the question. Chair Haveman opens the floor to public hearing , but there are no public comments. Commissioner Mercado motions to approve the resolution. Commissioner Saude seconded the motion. Chair Haveman instructed the Planning Manager Kavanaugh -Lynch to take roll: AYES: Commissioners Mercado, Saude, Summers, O’leary, and Chair Haveman NOES: None ABSENT: Commissioners Previtali, Rodby ABSTAIN: None Motion carried 4-0 Chair Haveman then introduced the second item on the agenda 2. 424 Irwin Street – Major Environmental and Design Review and Exception (Landscape) for demolition of an existing one -story 5,580 square-foot industrial building and construction of a new one -story 4,032 square-foot pre-engineered metal building on the footprint of the existing building Project Planner: Margaret Kavanaugh Lynch, Planning Manager Recommended action: It is recommended that the San Rafael Planning Commission receive staff’s report and public input on the Project and approve the Resolution included in the staff report. Chair Haveman asked for the Staff Report from Planning Manager Kavanaugh -Lynch. Planning Manager Kavanaugh -Lynch provided a presentation on the proposed project. Commissioner Summers provided comments regarding the use of the building. Planning Manager Kavanaugh-Lynch provided a response to the comments. Commissioner Saude provided comments regarding a security gate for the building. Planning Manager Kavanaugh -Lynch provided a response to the comments , by explaining the rolling gate included in the plans. Chair Haveman invited the applicant to provide a brief presentation. Applicant, Ron Cappy provided a presentation for the proposal. Commissioner Saude provided comments regarding the Irwin street side site security. Applicant Cappy provided a response to the questions. Chair Haveman opened the floor to public hearing. 4 Neighbor, Chris Barger provided comments addressing the city council and their concern for their private street. Commissioner Summers provided comments regarding use permits and the misuse of the street. Planning Manager Kavanaugh -Lynch provided clarifying comments. Commissioner Saude and Mercado provide comments regarding the potential of a use permit for the business and its private street. Planning Manager Kavanaugh -Lynch provided clarifying comments. Commissioner Saude motioned to approve with the condition that code enforcement and public works work to resolve issues at De luca st. Commissioner Summers seconded the motion. Chair Haveman instructed the Planning Manager Kavanaugh-Lynch to take roll AYES: Commissioners Mercado, Saude, Summers, O’leary, and Chair Haveman NOES: None ABSENT: Commissioners Previtali, Rodby ABSTAIN: None Motion carried 4 -0 DIRECTOR’S REPORT None COMMISSION COMMUNICATION Chair Haveman asks for clarification on upcoming planning commission meetings Planning Manager Kavanaugh -Lynch provided clarifying comments Commissioner Saude provided comments seeking clarification Planning Manager Kavanaugh-Lynch provided a response. ADJOURNMENT There being no further business, Chair Haveman adjourned the meeting at 8:02 PM. _____________________________ Margaret Kavanaugh-Lynch, Planning Manager Minutes subject to approval at the meeting of May 13, 2025 Planning Commission Regular Meeting Tuesday, January 28, 2025, 7:00 P.M. Minutes Participate In-Person: San Rafael City Council Chambers 1400 Fifth Avenue, San Rafael, CA 94901 or Participate Virtually: Watch on Webinar: https://tinyurl.com/2025-PC-Meeting Watch on YouTube: http://www.youtube.com/cityofsanrafael Telephone: 1 (669) 444-9171 Meeting ID: 836 5104 9034# One Tap Mobile: US: +16694449171, 83651049034# CALL TO ORDER Chair Haveman called the meeting to order at 7:00 PM. He then invited Planning Manager Margaret Kavanaugh-Lynch to call roll. RECORDING OF MEMBERS PRESENT AND ABSENT PRESENT: ALDO MERCADO, COMMISSIONER JON PREVITALI, COMMISSIONER JILL RODBY, COMMISSIONER SAMINA SAUDE, COMMISSIONER STEWART SUMMERS, COMMISSIONER DANIELLE O’LEARY, CHAIR JEFF KENT, ALTERNATE COMMISSIONER ABSENT ALSO PRESENT: MARGARET KAVANAUGH-LYNCH, PLANNING MANAGER RENEE NICKENIG, ASSOCIATE PLANNER CONNOR MACLEAN, LEGAL COUNSEL APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS Chair Haveman asked if there are any changes to the order of the Agenda. No changes were made to the order of the Agenda. PUBLIC NOTIFICATION OF MEETING PROCEDURES Chair Haveman stated that members of the public may provide comments with a time limit set by the Planning Commission and continued to provide directions on how to provide public comments and to participate in the meeting. The Planning Manager provided instructions on how to watch the meeting via Zoom and You Tube, as well as provided instruction on participation rules. 2 ORAL COMMUNICATIONS FROM THE PUBLIC Chair Haveman provided instructions to members of the public who wanted to share remarks on topic(s) not on the agenda with Planning Commission. Chair Haveman set the time limit for three minutes per person. No speakers provided public testimony. CONSENT CALENDAR 1. No items on the consent calendar. ACTION ITEMS 1. 287 Mountain View Avenue– Request for a Major Environmental and Design Review Permit and an Exception (Hillside) Permit for a new single -family residence with a reduced front yard setback, a reduced garage setback, and a reduction of one required off-street parking space. Project Planner: Renee Nickenig, Associate Planner and Margaret Kavanaugh Lynch , Planning Manager Recommended action: Hold a public hearing and recommend approval of the project to City Council. Chair Haveman asked for the Staff Report from Planning Manager Kavanaugh-Lynch. Planning Manager Kavanaugh-Lynch introduced the Associate Planner Nickenig who provided a presentation on the proposed project. Associate Planner Nickenig provided a response on possible options for the Planning Commission’s action. Planning Manager Kavanaugh -Lynch introduced Legal Counsel Connor MacLean who was attending virtually, via Zoom. Staff opened the floor to comments from the Commission. Commissioner Rodby provided comments regarding the neighbors In the area of the project Associate Planner Nickenig provided a response to the comments Commissioner Mercado provides comments regarding the street Associate Planner Nickenig provides a response to the comments and explains that it is called a “Bulb Out” Commissioner Previtali provided comments regarding the soils report Associate Planner Nickenig provides a response to the comments, assuring it was reviewed by Building and Fire as well as Public Works with no issue. Chair Haveman then invited members of the public to share comments. 3 Project Architect Bacilia Macias provides a brief description of the project. Alternate Commissioner Kent provides feedback on material used for siding Project Architect Macias provided a response Commissioner Previtali provided comments regarding the citys effort to improve emergency egress routes Commissioner Summers provided comments regarding the color of the material as they are not earth toned, which is the recommended color pallet to use Associate Planner Nickenig provided a response to the comments Alternate Commissioner Kent provided a few final suggestions regarding fire safety Chair Haveman closed the comments and requested a motion Commissioner Summers provided a motion to approve the project with the suggestions made by Alternate Commissioner Kent Legal Counsel Connor Ma cLean provided clarifying comment regarding Commissioner Summers move Commissioner Rodby seconded the motion Chair Haveman instructed the Planning Manager Kavanaugh -Lynch to take roll: AYES: Commissioners Previtali, Mercado, O’Leary, Saude, Summers, Rodby, and Chair Haveman NOES: None ABSENT: Commissioners ABSTAIN: None Motion carried 4-0 Chair Haveman provides comments regarding a second item on the agenda that was postponed at the request of the applicant. DIRECTOR’S REPORT Planning Manager Kavanaugh-Lynch reported that there was a mistake in the report and that it will be available by the next Planning Commission Meeting held on February 25th, 2025. COMMISSION COMMUNICATION Commissioner Saude welcomes all new members ADJOURNMENT There being no further business, Chair Haveman adjourned the meeting at 8:38 PM. 4 _____________________________ Margaret Kavanaugh-Lynch, Planning Manager Minutes subject to approval at the meeting of May 13, 2025 Planning Commission Regular Meeting Tuesday, February 25, 2025, 7:00 P.M. Minutes Participate In-Person: San Rafael City Council Chambers 1400 Fifth Avenue, San Rafael, CA 94901 or Participate Virtually: Watch on Webinar: https://tinyurl.com/2025-PC-Meeting Watch on YouTube: http://www.youtube.com/cityofsanrafael Telephone: 1 (669) 444-9171 Meeting ID: 894 4903 7326# One Tap Mobile: US: +16694449171, 89449037326# CALL TO ORDER Chair Haveman called the meeting to order at 7:02 PM. He then invited Planning Manager Margaret Kavanaugh-Lynch to call roll. RECORDING OF MEMBERS PRESENT AND ABSENT PRESENT: JILL RODBY, COMMISSIONER STEWART SUMMERS, COMMISSIONER DANIELLE O’LEARY, COMMISSIONER JEFF KENT, COMMISSIONER ALDO MERCADO, COMMISSIONER JON HAVEMAN, CHAIR ABSENT JON PREVITALI, COMMISSIONER SAMINA SAUDE, COMMISSIONER ALSO PRESENT: MARGARET KAVANAUGH-LYNCH, PLANNING MANAGER RENEE NICKENIG, ASSOCIATE PLANNER CONNOR MACLEAN, LEGAL COUNSEL APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS Chair Haveman asked if there are any changes to the order of the Agenda. No changes were made to the order of the Agenda. PUBLIC NOTIFICATION OF MEETING PROCEDURES Chair Haveman stated that members of the public may provide comments with a time limit set by the Planning Commission and continued to provide directions on how to provide public comments and to participate in the meeting. The Planning Manager provided instructions on how to watch the meeting via Zoom and You Tube, as well as provided instruction on participation rules. 2 ORAL COMMUNICATIONS FROM THE PUBLIC Chair Haveman provided instructions to members of the public who wanted to share remarks on topic(s) not on the agenda with Planning Commission. Chair Haveman set the time limit for three minutes per person. No speakers provided public testimony. CONSENT CALENDAR 1. No items on the consent calendar. ACTION ITEMS 1. 131 Valley View Avenue – Appeal to the Planning Commission of the Community and Economic Development Director’s approval of a request for a reasonable accommodation to allow specified modifications to the existing residence at 131 Valley View Avenue. Project Planner: Renee Nickenig, Associate Planner and Margaret Kavanaugh Lynch , Planning Manager Recommended action: Receive the staff report and public input on the Project and approve the Resolution included in the staff report. Chair Haveman asked for the Staff Report from Planning Manager Kavanaugh-Lynch. The Planning Manager Kavanaugh-Lynch introduced the Associate Planner Nickenig who provided a presentation on the proposed project. Planning Manager Kavanaugh -Lynch provided a brief description of the project’s support from building and the Fire Department as the reasonable accommodation is not seen as creating fire hazards. Associate Planner Nickenig provided a response on possible options for the Planning Commission’s action. Planning Manager Kavanaugh -Lynch introduced Legal Counsel Connor MacLean who was attending virtually, via Zoom. Chair Haveman opened the public hearing and invited the Appellant to provide a presentation. The Appellant provided a presentation to the Planning Commission. Chair Haveman then invited the Applicant to provide a presentation to the Planning Commission. The Applicant provided a presentation to the Planning Commission. Chair Haveman asked the Planning Commission members to state any questions that they have regarding the project. Alternate Commissioner Kent provided questions relating to the landscape plan. 3 Planning Manager Kavanaugh -Lynch provided a response to the comments . Commissioner Rodby provided questions referencing the height of the proposed modifications. Associate Planner Nickenig provided a response to the comments. Commissioner Rodby provided comments. Planning Manager Kavanaugh -Lynch provided a response to the comments . Commissioner Summers provided comments regarding points made in the Appeal. Planning Manager Kavanaugh -Lynch provided a response. Chair Haveman then invited members of the public to share comments. San Rafael Residents, Scott Mcrae and Shayna Eskew provided comments. Chair Haveman closed the public hearing and brought the project back to the Commission for deliberation. Commissioner Kent provided comments Commissioner Stewart provided comments Chair Haveman provides closing comments. Associate Planner Nickenig read the staff recommended motion. Legal Counsel Connor MacLean provided clarifying comments. The language of the motion is clarified by Associate Planner Nickenig Chair Haveman requested a motion. Commissioner Mercado provided a motion to approve the resolution included in the staff report. Commissioner Rodby seconded the motion. Chair Haveman instructed the Planning Manager Kavanaugh -Lynch to take roll: AYES: Commissioners Mercado, Rodby, Summers, O’Leary, and Chair Haveman NOES: None ABSENT: Commissioners Previtali, Saude ABSTAIN: None Motion carried 4-0 DIRECTOR’S REPORT Planning Manager Kavanaugh-Lynch reported on the following items: 4 1. Housing Element Annual Progress Report 2. Annual Meeting of the Planning Commission 2025 COMMISSION COMMUNICATION No commission communication. ADJOURNMENT There being no further business, Chair Haveman adjourned the meeting at 8:39 PM. _____________________________ Margaret Kavanaugh-Lynch, Planning Manager 1 4927-5881-3760 v1 Community and Economic Development Department Meeting Date: May 13, 2025 Agenda Item: 1 Case Number: PLAN24-098 (ED24-22; LLA24-002) Project Planner: Kristina Estudillo, Principal Planner REPORT TO PLANNING COMMISSION SUBJECT: 930 Irwin Street – New Residential Building. Request for an Environmental and Design Review Permit and Merger for a proposed new 8-story residential building with 210 units; APNs: 014-123-21, -27, and -28; T5N 50/70 and T4N 40/50 Zoning District; Seagull Prime Real Estate Fund, LLC, owner; Mill Creek Residential, LLC, applicant. EXECUTIVE SUMMARY The Project proposes the demolition of three existing commercial buildings and associated surface parking lots and the construction of a new 88-foot tall, eight-story residential building with 210 units at the southeast corner of 4th Street and Irwin Street. The Project site is comprised of three contiguous lots that would be merged into one lot, totaling approximately 40,200 square feet. The Project includes 210 units totaling 203,233 square feet, including 44 studio, 70 one-bedroom, 67 two-bedroom, and 29 three-bedroom units. The applicant proposes that eighteen (18) of the units would be deed-restricted below market rate (BMR) units affordable to low-income households, including four (4) studio, six (6) one-bedroom, six (6) two-bedroom, and two (2) three- bedroom BMR units. The Project includes amenities for the exclusive use of residents, including: private patios; a game room, fitness center, yoga room, and a shared coworking space on the ground floor; a pool and a common outdoor space on the fourth floor; and a community room and a terrace on the eighth floor. REQUESTED ENTITLEMENTS The Project requires a Major Environmental and Design Review Permit requiring Planning Commission approval, pursuant to San Rafael Municipal Code (SRMC) sections 14.25.020 (Authority) and 14.25.040 (Improvements subject to review) and a Merger. RECOMMENDATION It is recommended that the Planning Commission approve the Environmental and Design Review and Lot Merger applications, subject to findings and conditions of approval. 2 4927-5881-3760 v1 PROPERTY FACTS Address/Location: 914 Irwin Street; 545 and 523 4th Street Parcel Numbers: 014-123-21, -27, and - 28 Property Size: 40,200 square feet Neighborhood: Downtown – Montecito Commercial District Site Characteristics General Plan Designation Zoning District Existing Land-Use Project Site: DMU T5N 50/70, T4N 40/50 Commercial North: DMU T5N 50/70 Commercial South: DMU T5N 50/70 Commercial East: DMU T4N 40/50 Commercial West: DMU T5N 50/70 Commercial Site Description/Setting: The Project site is comprised of three contiguous lots that will be merged into one lot, totaling approximately 40,200 square feet (sf). The lots include 545 4th Street, which has an area of approximately 21,900 sf; 523 Fourth Street, which has an area of 13,400 sf; and 914 Irwin Street, which has an area of 4,900 sf. The Project site is located in the Downtown San Rafael neighborhood, within the Downtown San Rafael Precise Plan boundaries, and in the Montecito Commercial District. The surrounding urbanized area includes existing residential, commercial, and retail development. 3 4927-5881-3760 v1 Figure 1: Vicinity Map PROJECT DESCRIPTION Project Summary The Project proposes the demolition of three existing commercial buildings and accompanying surface parking lots and the construction of a new 88-foot tall, eight-story residential building with 210 units at 930 Irwin Street. The Project site is comprised of three contiguous lots that will be merged into one lot, totaling approximately 40,200 square feet (sf). The lots are 545 4th Street, which has an area of approximately 21,900 sf; 523 Fourth Street, which has an area of 13,400 sf; and 914 Irwin Street, which has an area of 4,900 sf. The Project site is located in Downtown San Rafael, within the Downtown San Rafael Precise Plan (Precise Plan). The Project proposes to construct 210 units, totaling 203,233 sf of residential development. The 210 units are comprised of 44 studio, 70 one-bedroom, 67 two-bedroom, and 29 three-bedroom units. In accordance with SRMC Section 14.16.030 (affordable housing requirements), 18 of the 210 units would be deed-restricted BMR units affordable to low-income households, including four (4) studio, six (6) one-bedroom, six (6) two-bedroom, and two (2) three-bedroom BMR units. Amenities are provided for the exclusive use of residents and include: private patios; a game room, fitness center, yoga room, and a shared coworking space on the ground floor; a pool and 4 4927-5881-3760 v1 a common outdoor space on the fourth floor; and a community room and a terrace on the eighth floor. Architecture, Colors, and Materials The proposed building includes articulation in the forms of: (1) building recesses and projections; (2) variation in color; and (3) variation in materials. There is a recessed courtyard on level four on the northern elevation and balconies project from the face of the building on all elevations. Exterior cladding and details would include a variety of materials and neutral colors. The main body of the building would be smooth trowel finish plaster, in the color "Craie” by Eco Stucco. The ground level includes a darker accent color plaster, color “Acier”, also by Eco Stucco. The vertical accents and top floor of the building would be painted an accent color, Sherwin Williams, SW 7710 “Brandywine”. The windows and trim would be a dark gray finish. Figure 2: Rendering at Irwin Street Looking North 5 4927-5881-3760 v1 Parking, Access, and Circulation The Project includes 222 vehicular parking spaces, including six (6) parking spaces that are accessible for people with disabilities that comply with the Americans with Disabilities Act (ADA). Parking would occupy a total area of 85,085 square feet on Levels 1, 1.5, 2, and 3. The Precise Plan also requires residential buildings to provide one (1) bicycle parking space for each studio or one-bedroom unit, two (2) spaces for each two-bedroom unit, and three (3) spaces for each three-bedroom unit. As indicated on the site plan, 342 bicycle parking spaces are proposed, which meets the Precise Plan requirement. Vehicular access to the Project site would be provided through the installation of driveway on 4th Street. As a condition of approval, vehicles exiting the Project site would be required to turn right only out of the garage onto 4th Street. The Department of Public Works has reviewed the Traffic Impact Study for the Project and verified that it addresses the City’s relevant policies and requirements, including the City of San Rafael Transportation Analysis Guidelines, June 2021. The traffic consultant recommended a single driveway off 4th Street due to pedestrian safety concerns with a driveway off Irwin Street. This proposal has been approved by the City Engineer. The Project proposes one (1) curbside loading zone space to accommodate deliveries and rideshare services in front of each lobby along 4th Street. The loading spaces would not require modifications to 4th Street. Landscaping and Lighting The Project proposes landscaping along both street frontages and at the fourth level garden (see Landscape Plan sheets L1 and L3). Proposed street trees include amur maple, Muskogee crape myrtle, and Chinese pistache, while maintaining two existing crape myrtle. Proposed plants in the streetscape planting areas include agave, aloe, cast iron plant, creeping Oregon grape, New Zealand sedge, clivia, Japanese Holly fern, Island Bush poppy, and Sonoma sage. Proposed plants in the planters include yarrow, white alder, red alder, Santa Barbara sedge, Berkeley sedge, small cape rush, creek dogwood, meadow barley, Douglas iris, soft rush, wild rye, cardinal flower, deer grass, western sword fern, and blue-eyed grass (see Landscape Plan sheet L5). The Project also includes the installation of four (4) new benches in the public right of way along 4th Street to provide seating areas for the public, eight (8) new steel tube hoop bike racks on the sidewalk, and two (2) steel trash and recycling receptacles (see Landscape Plan sheet L6). All proposed plants are included on the Marin Municipal Water District (MMWD) Approved Plant List. Prior to issuance of a building permit, the applicant will be required to provide written approval from MMWD that the proposed landscaping complies with MMWD requirements and with the California Model Water Efficient Landscape Ordinance (MWELO). All proposed plants in the public right of way are subject to review and approval of the City’s Department of Public Works. The Project proposes a variety of light fixtures, including recessed lighting at the doors, linear lighting for the entry and garage, wall sconces for the exterior building walls and various uplights around the perimeter of the building walls (see Lighting Plan sheets LT1.1 and LT1.1A of the project plans). All proposed lighting will be required to be designed and/or shielded to conceal light sources from view off-site and avoid spillover onto adjacent properties, consistent with SRMC Section 14.16.227. 6 4927-5881-3760 v1 ANALYSIS The proposed Project requires approval of a Major Environmental Design Review and merger applications. The Major Environmental Design Review is subject to review and approval by the Planning Commission while the merger application is subject to review and approval by the Community and Economic Development Director. Both applications are before the Planning Commission for approval pursuant to SRMC Section 14.02.020(J) - Multiple Development Permit Applications and 14.02.040 - Rules for interpretation—Recordkeeping, which states that where uncertainty exists regarding the interpretation of any provision of this title, the “planning director” shall determine the intent of the provision. The Community and Economic Development Director has determined that the Planning Commission will review and consider both the Environmental and Design Review and Lot Merger applications. Below is analysis of the Project’s consistency with applicable policies and programs and the San Rafael General Plan 2040, Zoning Ordinance contained in SRMC Title 14, and the Precise Plan. San Rafael General Plan 2040 Consistency The site is designated as Downtown Mixed Use on the General Plan 2040 Land Use Map, which allows for a mix of housing and retail uses. This designation includes the highest development intensities in the city, and contains a mix of housing, office, retail, service, and public land uses. Development in this area is guided by the Precise Plan, which includes further detail on building form, development intensity, height, and allowable uses. There is no dwelling per acre density standard in the Downtown Mixed Use area nor on properties designated as Downtown Mixed Use in General Plan 2040. The Project is consistent with key General Plan Policies. Specifically, the Project is consistent with the Land Use and Community Design and Preservation policies and Housing Element, which encourages new residential development in Downtown San Rafael. The Project would provide 210 residential units, including 18 BMR units. Staff notes that 523 and 545 4th Street were identified in the Housing Element as Site F46, having a realistic capacity of 72 units or 60 private units (6 low, 5 moderate and 49 market rate units). A full analysis is provided in the General Plan Consistency Table, see Resolution Exhibit 3. Zoning Ordinance Consistency As detailed Resolution Exhibit 2, the Project is consistent with applicable development standards of the City’s Zoning Ordinance subject to conditions of approval and subject to requested waivers pursuant to State Density Bonus Law. An overview of these standards is listed below. Affordable Housing: Affordable housing requirements are contained in SRMC Section 14.16.030 (Affordable housing requirement) and governed by Ordinance 1990 and associated Resolutions 14890 and 14891 that amended the affordable housing obligation residential projects. Residential 7 4927-5881-3760 v1 development projects greater than fifteen (15) units are required to meet a primary and secondary shall requirement. Primary Requirement. The Project is required to provide five percent (5%) of the proposed units as deed restricted BMR units (excluding density bonus units) affordable to and occupied by a low- income households. Secondary Requirement. Residential development projects greater than fifteen (15) units are also required to satisfy a secondary requirement. This requirement can be satisfied by providing an additional five percent (5%) low income units (excluding density bonus units). The proposed Project includes a total of 210 units, 33 of which are density bonus units and are not included in the BMR calculation. Therefore, for the purposes of evaluating consistency with the City's affordable housing requirements, the Project proposes 177 units and includes 18 BMR units, which is 10.2 percent BMR units. As the Project will provide at least 10 percent of its units at the low-income affordability level, the Project complies with the City San Rafael’s primary and secondary affordable housing requirements. Light and Glare: Development standards for light and glare are contained in SRMC Section 14.16.227 - Light and glare. These standards require that colors, materials and lighting are designed to avoid creating undue off-site light and glare impacts. The Project proposes a variety of light fixtures and all proposed lighting will be required to be designed and/or shielded to conceal light sources from view off-site and avoid spillover onto adjacent properties, consistent with SRMC Section 14.16.227. As conditioned, all new lighting shall be subject to a 90-day post installation inspection to allow for adjustment and assure compliance with this section. The Project proposes neutral-colored stucco finishes, which will avoid off-site glare impacts. As proposed and conditioned, the Project complies with SRMC Section 14.16.227 - Light and glare. Noise: Noise standards are contained in SRMC Chapter 8.13 - Noise and Section 14.16.260 - Noise standards, which require compliance with general noise standards, construction standards, and noise standards contained in the General Plan. In general, noise at residential properties is not to exceed 60 dBA (Intermittent) and 50 dBA (Constant) during daytime and 50 dBA (Intermittent) and 40 dBA (Constant) at night time. Construction is limited to between the hours of seven a.m. (7:00 a.m.) and six p.m. (6:00 p.m.), Monday through Friday, and nine a.m. (9:00 a.m.) and six p.m. (6:00 p.m.) on Saturdays, provided that the noise level at any point outside of the property plane of the Project shall not exceed ninety (90) dBA. No construction is allowed on Sundays and holidays. The City’s standard conditions of approval require compliance with the noise ordinance and compliance will be verified through the building permit process. Additional conditions of approval relating to noise include a public notice and compliant process and designated liaison that would be responsible for determining the cause of all construction-related complaints (e.g., starting too early, bad muffler, worker parking, etc.) and institute reasonable measures to correct the problem. The Project site is located in a “normally acceptable” noise exposure area per General Plan 2040, Figure I-9. Noise was evaluated by the Class 32 Report prepared for the Project by Rincon Consultants, Inc. (dated May 2025). As stated above, conditions of Project approval will ensure that the Project complies with noise standards during both construction and operation of the Project and therefore the Project complies with SRMC Chapter 8.13 - Noise and Section 14.16.260 - Noise standards. Mechanical Equipment Screening: Mechanical equipment screening is regulated by SRMC Section 14.16.243 (Mechanical equipment screening), which requires that mechanical equipment placed on the rooftop of a building or in an exterior yard area be adequately screened from public 8 4927-5881-3760 v1 view. The Precise Plan also contains mechanical equipment screening requirements and standards applicable to properties within the downtown mixed use (DMU) district. The Project includes roof-mounted mechanical equipment that is screened from public view by parapet walls and therefore the Project complies with mechanical equipment screening requirements. Water-efficient Landscape: Water Efficient Landscape standards are contained in SRMC Section 14.16.370, which requires certain new construction and rehabilitation projects that include landscape and irrigation improvements to comply with water-efficient landscape requirements and to monitor water usage for irrigation, as mandated under California Government Code Section 65595(c). For the purpose of administering this state mandate, the City of San Rafael has adopted by reference, the Marin Municipal Water District (MMWD) Ordinance (Water Conservation) and designates MMWD to implement, enforce, and monitor the requirements of this ordinance. All proposed plants are included on the Marin Municipal Water District (MMWD) Approved Plant List. Prior to issuance of a building permit, the applicant will be required to provide written approval from MMWD that the proposed landscaping complies with MMWD requirements and with the California Model Water Efficient Landscape Ordinance (MWELO). All proposed plants in the public right of way are subject to review and approval of the City’s Department of Public Works. Downtown San Rafael Precise Plan Development review criteria of the Downtown San Rafael Precise Plan (Precise Plan) are included in Chapter 9 (Downtown Form-Based Code). The Precise Plan was adopted by the City with the intent of accommodating higher density mixed use development in the City’s Downtown. Development standards of the Precise Plan are provided below and a complete analysis of the Project’s compliance with the Precise Plan can be found in the attached Resolution (see Attachment 1, Exhibit 1). Form Based Code Most of the Project site is located in the T5N 50/70 zoning district, with the eastern portion (523 4th Street) being located in the T4N 40/50 zoning district of the Precise Plan (see Figure 1 above). Section 2.3.040 of the Downtown Form-Based Code provides the relevant development standards for properties located in the T5 Neighborhood (T5N) and T4 Neighborhood (T4N) district. The analysis below details project compliance with applicable development standards for the portion of the project in each zoning district. The applicant has requested waivers specific to the needs of the project for each zoning district. Section 2.3.030 of the Downtown Form-Based Code provides the relevant development standards for properties located in the T4 Neighborhood (T4N) district. A summary of these development standards is included in Table 1 and Table 2 below, respectively. 9 4927-5881-3760 v1 Table 1: Development Standards – T4N 40/50 (DPP Section 2.3.030) Standard Required Proposed Notes Building Setbacks Front 7 ft. min.; 15 ft. max. 0 ft. Requested Density Bonus Waiver Side Street 7 ft. min.; 15 ft. max. 0 ft. Requested Density Bonus Waiver Side 5 ft. min. 0-10 ft. Requested Density Bonus Waiver Rear 15 ft. min. 0-10 ft. Requested Density Bonus Waiver Building Length 75 ft. max. 75 ft. Complies Façade length in façade zone. (1) Front (2) Side Street (1) 70% min. (2) 50% min. (1) 100% (2) NA1 Requested Density Bonus Waiver Height 40 ft. max. 88 ft. Requested Density Bonus Waiver Stepback Front 10 ft. at 35 ft. tall 0 ft. Requested Density Bonus Waiver Side Street 10 ft. at 35 ft. tall 0 ft. Requested Density Bonus Waiver Rear 10 ft. at 35 ft. tall 0 ft. Requested Density Bonus Waiver 1 The portion of property zoned T4 N 40/50 does not front Irwin Street and therefore does not have a façade zone on the front of the building in this zoning district. See below for an analysis for the T5N 50/70 zoning district along Irwin Street. 10 4927-5881-3760 v1 Table 2: Development Standards – T5N 50/70 (DPP Section 2.3.050) Standard Required Proposed Notes Building Setbacks Front 0 ft. min.; 15 ft. max. 0 ft. Complies Side Street 0 ft. min.; 15 ft. max. 0 ft. Complies Side 0 ft. min. 0-10 ft. Complies Rear 0 ft. min. 0-10 ft. Complies Façade length in façade zone. (1) Front (2) Side Street (1) 70% min. (2) 60% min. (1) 100% (2) 100% Complies Height 50 ft. max. 88 ft. Requested Density Bonus Waiver Stepback Front 10 ft. at 35 ft. tall 0 ft. Complies Side Street 10 ft. at 35 ft. tall 0 ft. Complies Rear 10 ft. at 35 ft. tall 0 ft. Complies Parking: Requirements for parking are contained in Precise Plan Section 2.3.030 (T4 Neighborhood Section) and 2.3.050 (T5 Neighborhood). Parking requirements for multifamily residential developments are based on the number of bedrooms of each proposed unit and requires 0.75 parking spaces for studio and one-bedroom units, one (1) parking spot for two- bedroom units, and 1.5 spaces for three-bedroom units. Table 3 below demonstrates that the project is required to provide a total of 196 parking spaces and provides 222 vehicular parking spaces. Therefore, the Project complies with parking standards established by the Precise Plan. Table 3: Parking Standards (Downtown Precise Plan) Required Parking Units Ratio Total Studio 44 0.75 1 33 1-Bedroom Units 70 0.75 1 53 2-Bedroom Units 67 1 1 67 3-Bedroom Units 29 1.5 1 44 Total Required Parking 196 Parking Provided 222 Bicycle Parking: Bicycle parking requirements are also contained in the Precise Plan in Section 2.3.030 T4 Neighborhood (T4N 30/40 and T4N 40/50 and Section 2.3.050 T5 Neighborhood (T5N 40/60 and T5N 50/70). Similar to vehicle spaces, bicycle parking requirements are based on unit size, with one (1) space required for studios/one-bedroom units, two (2) spaces required for two- 11 4927-5881-3760 v1 bedroom units, and three (3) spaces required for three-bedroom units. The Project is required to provide a total of 335 bicycle parking spaces and provides 342 spaces, which exceeds to required bicycle parking standard. Table 4. Bicycle Parking Standards (Per DPP) Unit Type Number of Units Ratio Total Studio 44 1 1 44 1-BR Units 70 1 1 70 2-BR Units 67 2 1 134 3-BR Units 29 3 1 87 Total Required 335 Total Provided 342 State Density Bonus Law This Project was submitted pursuant to State Density Bonus Law (Government Code Section 65915 and San Rafael City Council Resolution 14891). The law allows increased density, or bonus units, for a project that provides a minimum percentage of affordable, or below market rate, units on-site. In addition, a density bonus project is allowed a certain number of concessions or incentives, based on the percentage and depth of affordability of the below market rate units provided.2 A density bonus project is permitted waivers from any development or design standards that would otherwise preclude development of the project at the proposed and allowable density. The Downtown Precise Plan area does not establish a dwelling unit per acre density standard. Therefore, to determine allowable base density, an applicant is required to demonstrate how many units can feasibly be constructed on the site in a manner that complies with all objective development standards and that provides average unit sizes comparable to the actual proposed project. This hypothetical project that complies with objective development standards is called the base project. Base Project The Project site is comprised of three (3) lots, two (2) of which are zoned T5N 50/70 which has a base height of 50 feet and one that is zoned T4N 40/50 and has a base height of 40 feet. Based on the development standards for both zoning districts, the applicant has demonstrated a base density project of 177 residential units for this site. The base project includes one residential building that is four-stories and 40 feet tall in the T4N 40/50 zoning district and five stories and 50 feet tall on the portion of the project site zoned T5N 50/70. The base project includes required 2 A concession or incentive is defined as: 1) A reduction in site development standards or a modification of zoning code or architectural design requirements that exceed the minimum building standards; or 2) Approval of mixed-use zoning; or 3) Other regulatory incentives or concessions which actually result in identifiable and actual cost reductions (Govt. Code §65915(k)). 12 4927-5881-3760 v1 vehicle and bicycle parking as well as civic area and includes 177 residential units with an average size of 961 sf per unit. Table 5. Base Project Data 13 4927-5881-3760 v1 Table 6: Base Project Floor Area and Unit Count Residential Area (sf) Parking Area (sf) Total (sf) Level 5 25,974 25,974 Level 4 36,313 36,313 Level 3 36,313 36,313 Level 2 36,313 36,313 Level 1 35,105 908 36,013 Parking 1 24,186 24,186 Parking 2 22,793 22,793 Parking 3 22,793 22,793 Total 170,018 70,680 240,698 Number of Units 177 Average Unit Size 961 Figure 3: Base Project 14 4927-5881-3760 v1 Allowed Density Bonus Based on the commitment to deed restrict ten-percent (10%) of the base units for low-income households, the Project qualifies for a 20 percent (20%) density bonus (See Table 4 of Resolution 14891, Figure 4 below). The total number of allowed density bonus units is calculated by multiplying the base project by 20 percent (20%) and rounding up, as required by density bonus law (177 x .2 = 35.4). Therefore, the proposed Project is allowed a density bonus of 36 units. The total allowed units is calculated as the sum of the base project plus the density bonus units (177 + 36 = 213 [units]). As the Project proposes a total of 210 units, it does not exceed the total number of units allowed with the applicable density bonus. Figure 4: The 20 percent (20%) density bonus results in a total maximum of 213 allowable residential units, where the Project proposes 210 units. While the Project is eligible for two concessions and as many waivers to accommodate the affordable housing development, no concessions or incentives are requested. The Project does not seek a height bonus as allowed by the Precise Plan but does request waivers from the following development standards in order to physically accommodate the density of the Project, including: • Waiver of 50’ height limit in T5N 50/70 and 40’ limit in T4N 40/50; • Waiver of 7’ front and side street setback at the T4N 40/50 portion of site; • Waiver of 5’ side yard setback at the T4N 40/50 portion of site; • Waiver of 15’ rear yard setback at the T4N 40/50 portion of site; • Waiver of front and side stepbacks above 35’; and • Waiver of civic space area. A waiver is a modification of a development standard that would otherwise physically preclude the construction of the Project with the permitted density bonus and concessions. Waivers for height setbacks, stepbacks, and civic space (pubic open space) are requested because applicant has determined they are necessary to physically accommodate the full density bonus project on the site. The waivers are requested because they are necessary to physically accommodate the 15 4927-5881-3760 v1 additional 36 units allowed with the density bonus project on the site. Pursuant to the State Density Bonus Laws, a city may deny a waiver if it finds that the waivers would have a specific adverse impact upon public health and safety, or the physical environment, or on any real property listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low-income, very-low income, and moderate-income households, or if the waiver would be contrary to State or Federal law. Staff has reviewed the density bonus application materials for the Project and confirmed that they comply with the relevant requirements in Government Code Section 65915 and San Rafael City Council Resolution 14891. SB 330 - Housing Accountability Act of 2019 Housing Accountability Act Analysis: The Housing Accountability Act (HAA), California Government Code Section 65589.5(j), requires that when a proposed housing development project complies with the applicable, objective general plan and zoning standards, but a city proposes to deny the project or reduce the proposed density, the city must base its decision on written findings supported by substantial evidence that: 1. The development would have a specific adverse impact on public health or safety unless disapproved, or approved at a lower density; and 2. There is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, other than the disapproval, or approval at a lower density. ENVIRONMENTAL DETERMINATION The Project is categorically exempt from CEQA pursuant to Section 15332 (In-fill Development) of the CEQA Guidelines. Support for this determination is provided in the CEQA Infill exemption memo found in Attachment 2. COMMUNITY CORRESPONDENCE Notice of hearing for the Project was conducted in accordance with noticing requirements contained in Chapter 14.29 of the Zoning Ordinance. A Notice of Public Hearing was mailed to all property owners and occupants within a 300-foot radius of the subject site and all other interested parties, 15 calendar days prior to the date of this hearing. Public notice was also posted on the frontage of the subject site 15 calendar days prior to the date of all meetings, including this hearing. Staff have received numerous public comments on the Project (Attachment 4), including three letters in support of the project and comments including concerns regarding building height, impacts to adjacent residents, and impacts to parking space. OPTIONS The Planning Commission has the following options: 1. Approve the applications as presented, subject to conditions of approval (staff recommendation) 16 4927-5881-3760 v1 2. Approve the applications with certain modifications, changes, or additional conditions of approval. 3. Continue the applications to allow the applicant to address any of the Commission’s comments or concerns; however, if the Planning Commission opts to continue the hearing, staff recommends consideration of the five hearing limit that applies to this project. 4. Deny the Project and direct staff to return with a revised Resolution of denial. ATTACHMENTS 1. Draft Resolution and Draft Conditions of Approval a. Exhibit 1 - Downtown Precise Plan Consistency Analysis b. Exhibit 2 - Zoning Consistency Analysis c. Exhibit 3 - General Plan Consistency Analysis 2. CEQA Memorandum a. Exhibit 1 - Class 32 Categorical Exemption Report 3. Application Packet – December 27, 2024 a. Project Narrative b. Density Bonus Statement c. Architectural Plans d. Civil Plans e. Landscape Plans f. Turning Template g. Geotechnical Report h. Stormwater Control Plan 4. Correspondence ATTACHMENT 1 4904-8314-3726 v2 RESOLUTION NO. 25-02 RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION APPROVING AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT AND LOT MERGER (PLAN24-098; ED24- 022; LLA24-002) ) FOR A NEW RESIDENTIAL BUILDING WITH 210 RESIDENTIAL UNITS LOCATED AT 914 IRWIN STREET, 545 4th STREET, AND 523 4th STREET (APNs 014-123-27, 014-123-28, AND 014-123-21), AND DETERMINING THE PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15332 (INFILL DEVELOPMENT) OF THE STATE CEQA GUIDELINES WHEREAS, Mill Creek Residential LLC (Applicant) submitted an application to the City of San Rafael on June 14, 2024 for an Environmental and Design Review Permit and Lot Merger (PLAN24-098; ED24-022; LLA24-002) for a new residential building with 210 residential units which seeks waivers to development standards pursuant to State Density Bonus Law at 914 Irwin Street, 545 4th Street, and 523 4th Street in the T5N 50/70 and the T4N 40/50 zoning districts (Project); and WHEREAS, on December 4, 2024, staff deemed the application complete; and WHEREAS, on December 27, 2024, the applicant submitted minor revisions of the project plans that entailed reducing the number of units from 213 to 210 units and added a swimming pool at the Level 4 courtyard; and WHEREAS, the revised application was deemed complete on March 6, 2025; and WHEREAS, upon review of the application, the Planning Commission finds that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15332 of the CEQA Guidelines because it involves an infill development project that meets the following criteria and as further elaborated in the CEQA Infill Exemption Memorandum for the project prepared by Rincon Consultants, Inc., dated April 2025: a. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designations and regulations. The Project is a multi-family residential use which is a permissible use in the T5N 50/70 and the T4N 40/50 zoning districts. The Project is consistent with the General Plan, as detailed in the General Plan Consistency Table (Exhibit 3), Zoning Ordinance as detailed in the Zoning Ordinance Consistency Table (Exhibit 2), and Downtown Precise Plan (Exhibit 1). While the project seeks waivers to development standards pursuant to the State Density Bonus Law, the use of waivers does not render the infill exemption inapplicable. Therefore, the project is consistent with the applicable General Plan designation and policies, and applicable zoning designation and regulations. b. The project occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. The Project site is comprised of three (3) contiguous lots that will be merged into one (1) lot, totaling approximately 40,200 square feet (sf). The lots include: 914 Irwin Street, which has an area of approximately 21, 900 sf; 523 Fourth Street, which has an area of 13,500 sf; and 910 Irwin Street, which has an area of 4,800 sf. The Project site is located in Downtown San Rafael, within the Downtown San Rafael Precise Plan and is located within an urbanized area. The site is surrounded by existing residential, commercial, and retail - 2 - 4904-8314-3726 v2 development. Therefore, the Project is within city limits on a project site of no more than five acres substantially surrounded by urban uses. c. The project site has no value as habitat for endangered, rare or threatened species. Due to the developed and disturbed nature of the Project site and surroundings, as well as the absence of vegetation or water features on or near the site, the site does not support listed species or their habitat. There is no critical habitat on or adjacent to the site (USFWS 2025a), and the nearest wetland (San Rafael Creek) is approximately 600 feet south of the site (USFWS 2025b). Thus, the Project site has no value as habitat for endangered, rare, or threatened species. d. Approval of the project would not result in any significant effects related to traffic, noise, air quality, or water quality. The Class 32 report prepared for the project determined that the Project would not result in any significant effects related to traffic, noise, air quality or water quality. Impacts related to VMT and site circulation and access would be less than significant. Implementation of conditions of approval would ensure there are no significant impacts related to noise. The proposed project would not result in significant impacts to air and water quality as a result of Project compliance with applicable regulations. Therefore, approval of the Project would not result in any significant effects related to traffic, noise, air quality, or water quality. e. The site can be adequately served by all required utilities and public services. The Project would be located in an urban area served by existing public utilities and services. The site itself, which is currently developed with commercial buildings and uses, is currently served by such public utilities and services. As discussed in the General Plan 2040 EIR, there are adequate public utilities and services to serve development in the Downtown Precise Plan area. As the Project is generally consistent with the Precise Plan, there are adequate public utilities and services to serve the proposed project WHEREAS, on May 13, 2025, the San Rafael Planning Commission held a duly noticed public hearing on the proposed Environmental and Design Review Permit and Lot Merger, accepting all oral and written public testimony and the written report of the Community and Economic Development Department staff; and NOW THEREFORE BE IT RESOLVED, the Planning Commission makes the following findings relating to the Environmental and Design Review Permit and Lot Merger (PLAN24-098; ED24-022; LLA24-002). SECTION 1. ENVIRONMENTAL AND DESIGN REVIEW FINDINGS (ED24-022) A. The project design is in accord with the general plan, the objectives of the zoning ordinance and the purposes of this chapter: The site is designated as Downtown Mixed Use on the General Plan 2040 Land Use Map, which allows for residential and commercial uses. This designation includes the highest development intensities in San Rafael and contains a mix of housing, office, retail, service, and public land uses. The project site is also listed in Appendix B: Housing Site Inventory of the San Rafael Housing Element and was identified for future residential development. The project would introduce housing into Downtown San Rafael and includes a mix of housing - 3 - 4904-8314-3726 v2 choices based on affordability, unit type, and size, which will support Downtown’s continued growth as a mixed-use neighborhood and quality residential environment. The project includes both market rate and deed-restricted affordable housing. The Project is consistent with the General Plan designation and with applicable goals, policies and programs of the General Plan, specifically with design-related policies of the Neighborhoods Element and Community Design and Preservation Element as detailed in the General Plan Consistency Table, Exhibit 3. 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: The Project design is consistent with applicable regulations and guidelines applicable to the T5N 50/70 and T4N 40/50 zoning districts. The project is subject to State Density Bonus Law, which allows applicants to request waivers from applicable development standards in order to achieve the allowed density with allowable density bonus. The Applicant has requested the following waivers: • Waiver of 50 foot (50’) height limit in T5N 50/70 and 40 foot (40’) limit in T4N 40/50 to allow building height of 86 feet. • Waiver of seven foot (7’) front and side street setback at the T4N 40/50 portion of site to allow a zero foot (0’) setback on the front and street side, as allowed in the T5N 50/70 portion of the Project. • Waiver of five foot (5’) side yard setback at the T4N 40/50 portion of site to allow a zero foot (0’) to 10 foot (10’) side yard setback. • Waiver of 15 foot (15’) rear yard setback at the T4N 40/50 portion of site to allow a zero (0) to 10 foot (0-10’) rear setback. • Waiver of front and side stepbacks above 35 feet (35’). • Waiver of civic area requirement to allow for maximum number of residential units. The City has determined that strict enforcement of these development standards would preclude the Project from achieving the proposed density by requiring removal of proposed units in order to comply with the development standards. Therefore, the Planning Commission approves the requested waivers. The Project does not request any concessions. The Project is consistent with the applicable general plan designation, general plan policies, and applicable zoning designation with the exception of those standards, ordinances and regulations for which Applicant seeks waivers; and regulations and conditions of Project approval would ensure compliance with applicable standards. See Exhibit 3, Exhibit 2, and Exhibit 1 for a complete analysis of the Project ‘s consistency with applicable General Plan goals, policies and programs, the zoning ordinance, and the Downtown Precise Plan. Conditions of approval will ensure consistency will all applicable standards. C. The project design minimizes adverse environmental impacts: The Project minimizes adverse environmental impacts as a result of its compact footprint and location, which is in close proximity to transit including the Sonoma Marin Area Rail Transit (SMART) Downtown San Rafael Station and the Golden Gate Transit Center. The Project will - 4 - 4904-8314-3726 v2 be required to comply with CalGreen standards through the building permit process and incorporates Low Impact Development (LID) Design Strategies. The Project site is located within the City of San Rafael and would continue to be adequately served by City and regional services. The properties are currently being served by water service which will continue to be provided by the Marin Municipal Water District (MMWD), though the purchase of additional water allotment will be required. MMWD has issued a will-serve letter and determined there will be sufficient water supply for the Project. Wastewater service will be provided by the San Rafael Sanitation District. The San Rafael Sanitary District has reviewed the Project and determined the wastewater demand will not exceed the permitted capacity of the Central Marin Sanitation Agency’s wastewater treatment plant. The Project has been reviewed by city agencies and is required to comply with all agency regulations. As proposed and conditioned, the Project design minimized adverse environmental impacts. D. The project design will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity. The Project has been reviewed by the San Rafael Fire Department, Department of Public Works, the Marin Sanitation District, and MMWD. The project will be built in accordance with the applicable California Building Code and conditions of approval have been incorporated to ensure the project will not be detrimental to the public health, safety, or welfare, nor materially injurious to properties or improvements in the project vicinity. SECTION 2. MERGER FINDINGS (LLA24-002) A. The lot merger is consistent with the general plan The site is designated as Downtown Mixed Use on the General Plan 2040 Land Use Map, which allows for a mix of housing and retail uses. This designation includes the highest development intensities in the city, and contains a mix of housing, office, retail, service, and public land uses. Development in this area is guided by the Downtown Precise Plan, which includes further detail on building form, development intensity, height, and allowable uses. There is no residential dwelling unit per acre standards in the Downtown Mixed Use area nor on properties designated as Downtown Mixed Use in General Plan 2040. The Project is consistent with key General Plan Policies including those in the Land Use and Community Design and Preservation policies and Housing Element, which encourages new residential development in Downtown San Rafael. The Project would provide 210 residential units, including 18 Below Market Rate (BMR) units. Staff notes that 523 and 545 4th Street were identified in the Housing Element as Site F46, having a realistic capacity of 72 units or 60 units (six [6] low, five [5] moderate and 49 market rate units). A full analysis is provided in the General Plan Consistency Table, see Exhibit 3. The Project is consistent with the General Plan land use designation and goals, policies, and programs contained in the General Plan. B. Any applicable coastal plan The Project site is not located in the Coastal Zone and therefore there are no applicable coastal plans and this criterion does not apply to the project. - 5 - 4904-8314-3726 v2 C. The lot merger is consistent with the Zoning and Building Ordinances. The Project is consistent with applicable development standards of the City’s Zoning Ordinance and Downtown Precise Plan, subject to conditions of approval. An overview of these standards is listed below and see Resolution Exhibit 2. Compliance with the building code would be verified through the building permit process. SECTION 3. CEQA and ENVIRONMENTAL REVIEW The Planning Commission makes the following findings, based on its independent judgment after considering the Project, and having reviewed and taken into consideration all written and oral information submitted in this matter, including the CEQA Exemption Memo prepared by Rincon Consultants, Inc: A. The Project is categorically except from environmental review pursuant to Cal. Code of Regulations, Title 14, §15332 et seq. (Infill Development) because it satisfies the following conditions. 1. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. The project is a multi-family residential use which is a permissible use in the T5N 50/70 and the T4N 40/50 zoning districts. The project is consistent with the General Plan, as detailed in the General Plan Consistency Table (Exhibit 3), Zoning Ordinance as detailed in the Zoning Ordinance Consistency Table (Exhibit 2), and Downtown Precise Plan (Exhibit 1). While the project seeks waivers to development standards pursuant to the State Density Bonus Law, the use of waivers does not render the infill exemption inapplicable. Therefore, the project is consistent with the applicable General Plan designation and policies, and applicable zoning designation and regulations. 2. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. The project site is located within city limits and is approximately 0.92 acres in area. The project site is surrounded by other developed properties in the T5N 50/70 and T4N 40/50 zoning district, which are developed with residential, transportation, and commercial uses, as well as Highway 101. 3. The project site has no value as habitat for endangered, rare or threatened species. Due to the developed and disturbed nature of the project site and surroundings, as well as the absence of vegetation or water features on or near the site, the site does not support listed species or their habitat. There is no critical habitat on or adjacent to the site (USFWS 2025a), and the nearest wetland (San Rafael Creek) is approximately 600 feet south of the site (USFWS 2025b). Thus, the project site has no value as habitat for endangered, rare, or threatened species. 4. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. The Class 32 report prepared for the project determined that the project would not result in any significant effects related to traffic, noise, air quality or water quality. Impacts related to VMT and site circulation and access would be less than significant. Implementation of conditions of approval would ensure there are no significant impacts related to noise. The proposed project would not result in significant impacts to air and water quality as a result of project compliance with applicable regulations. - 6 - 4904-8314-3726 v2 Therefore, approval of the project would not result in any significant effects related to traffic, noise, air quality, or water quality. 5. The site can be adequately served by all required utilities and public services. The project would be located in an urban area served by existing public utilities and services; the site itself, which is currently developed with commercial buildings and uses, is currently served by such public utilities and services. As discussed in the General Plan 2040 EIR, there are adequate public utilities and services to serve development in the Downtown Precise Plan area. As the project is generally consistent with the Precise Plan, there are adequate public utilities and services to serve the proposed project. Further, as analyzed in the CEQA Exemption Memo, none of the exceptions to the Class 32 Exemption apply. (CEQA Guidelines Section 15300.2.) The project would not result in significant cumulative impacts, impacts to scenic highways, or historical resources. The project does not involve unusual circumstances or a hazardous waste site. Therefore, none of the exceptions to the Class 32 exemption apply. SECTION 4. SEVERABILITY If any term, provision, or portion of these findings or the application of these findings to a particular situation is held by a court to be invalid, void or unenforceable, the remaining provisions of these findings, or their application to other actions related to the Project, shall continue in full force and effect unless amended or modified by the City. SECTION 5. CONDITIONS OF APPROVAL General Terms and Standard Conditions The following are general terms and standard conditions that apply to each severable entitlement of the 930 Irwin Residential Project, hereby the “Project”: Environmental and Design Review Permit (PLAN24-098; ED24-022; LLA24-02) 1. For purposes of these Conditions of Approvals, the following terms shall have the following meanings: “Director” shall mean the Director of the Community and Economic Development Department “First building permit” shall mean any permit required for construction related activities on a structure including permits for building, foundation, or superstructure, but excluding demolition permits. “Building permit” shall mean any permit required for construction related activities on a structure including permits for building, foundation, or superstructure, but excluding demolition permits. “Site development permit” shall mean any permit required for earth-disturbing activities, including, permits for grading, excavation, shoring, utilities, demolition, site preparation, or any other permits required for earth-disturbing activities, but excluding building permits. “Applicant” shall mean Mill Creek Residential, LLC and/or any successor in interest. “Property Owner(s)” shall mean Seagull Prime Real Estate Fund, LLC and/or any successor in interest. - 7 - 4904-8314-3726 v2 “Project” shall mean the 930 Irwin Residential Project as approved by the City of San Rafael. The Project includes 203,233 square feet of residential development (including 7,198 square feet of residential amenities, including 210 units comprised of 44 studio, 70 one-bedroom, 67 two-bedroom, and 29 three-bedroom units. (including 18 deed restricted below market rate units affordable to low-income households) and 85,085 square feet of parking. “Project Site” shall mean the approximately 40,200 square foot property comprised of APNs 014-123-27, 014-123-28, and 014-123-21 as represented on Sheet 1 of the approved civil plan set (Alta/NSPS Land Title Survey) prepared by Luk and Associates, dated August 2024. 2. Development of the Project. Development of the Project, defined as the project plans and supporting documents attached to the May 13, 2025 Planning Commission staff report (hereinafter the “Plans”), shall be substantially in conformance with the plans prepared by: a. Trachtenberg Architects consisting of 26 plan sheets, dated received on December 27, 2024; b. Luk and Associates consisting of 13 plan sheets, dated received on December 27, 2024; c. Yamasaki Landscape Architecture, consisting of six (6) plan sheets, dated received on 12/27/24; and d. Lite Rite Design consisting of 2 plan sheets, dated received on 12/27/24. The Plans are incorporated by reference herein. The Plans may only be modified by the conditions contained herein, subject to review and approval of the Community and Economic Development Director or their designee. 3. Fees, Dedication Requirements, Reservation Requirements and Other Exactions. The conditions of Project approval set forth herein include certain fees, dedication requirements, reservation requirements and other exactions. Pursuant to Government Code Section 66020(d)(1), these conditions constitute written notice of the statement of the amount of such fees and a description of the dedications, reservation, and other exactions. You are hereby notified that the 90-day period in which you may protest those fees, the amount of which has been identified herein, dedications, reservations, and other exactions required in connection with the instant approvals has begun. If you fail to file a protest complying with all the requirements of Section 66020, you will be legally barred from later challenging such exaction. 4. Right to Audit of the City’s Development Impact Fees. In accordance with Government Code Section 66006(e), the Applicant is hereby notified of the right to file with the City Clerk: (a) a request for an audit of the City’s development impact fees in accordance with Government Code Section 66023; and (b) a written request for mailed notices of the City’s public meetings to review annual reports of development impact fees under Government Code Section 660066(b)(1). 4. At the times (e.g., building permit) provided for in the City’s fee ordinances, the applicant shall pay all applicable City Development Impact fees. 5. All Third Party Fees Shall be Paid. Prior to issuance of any/each building permit, the applicant shall verify for the City that it has paid all third party-outside agency fees applicable to such portion of the Project, including but not limited to any school fees, water capacity fees, and sewer capacity fees. Unless a condition includes a different time for payment, the applicant shall pay all applicable City fees prior to the issuance of each building permit. 6. Conditions of Approval Shall be Printed. All Conditions of Approval shall be printed on the second sheet of each plan set submitted for a building permit. Additional sheets may also be used if the second sheet is not of sufficient size to list all of the conditions. The sheet(s) - 8 - 4904-8314-3726 v2 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. 7. Applicant Responsible for Conditions of Approval. Applicant is responsible for conditions of approval. The Applicant shall ensure compliance with all conditions of approval, 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 other remedies. 8. This Permit authorizes only the proposed Project described in the application. In no way does approval authorize other uses, structures or activities not included in the Project description. When the City approves a new use that replaces an existing use, any prior approval of the existing use becomes null and void when permits for the new use are exercised (e.g., building permit or business license issued). To reestablish the previously existing use, an applicant must obtain all permits required by the Zoning Ordinance for the use. 9. All Plans and Information Become Conditions. All information and representations, whether oral or written, including the building techniques, colors, materials, elevations, and overall appearance of the project, as presented at the Planning Commission meeting dated May 13, 2025 and as presented in the Project plans as outlined below 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 the Director. Modifications deemed not minor by the Director may require review and approval as an amendment to the approved project entitlements including the Environmental and Design Review Permit (PLAN24-098, ED24-022; LLA24-02), as applicable. 10. Regulation Compliance. Approved use and/or construction is subject to, and shall comply with, all applicable City Ordinances and laws and regulations of other governmental agencies. Compliance with the Zoning Ordinance does not relieve an applicant from requirements to comply with other federal, state, and City regulations that also apply to the property. Prior to any construction, tenant improvement or installation of signage, the applicant shall identify and secure all applicable permits from all federal, state, and City departments. 11. Construction Hours (Ongoing throughout demolition, grading, and/or construction). Consistent with the City of San Rafael Municipal Code Section 8.13.050.A, construction hours on private property 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, playing of radios and other noises caused by equipment and/or construction workers arriving at, or working on, the site. 12. Construction Noise (Ongoing throughout demolition, grading, and/or construction). During construction, the Project shall: a. Properly muffle and maintain all construction equipment powered by internal combustion engines. b. Prohibit unnecessary idling of combustion engines. c. Locate all stationary noise-generating construction equipment such as air compressors as far as practical from existing nearby residences and other noise- sensitive land uses. Such equipment shall also be acoustically shielded. d. Select quiet construction equipment, particularly air compressors, whenever possible. Fit motorized equipment with proper mufflers in good working order. - 9 - 4904-8314-3726 v2 e. The Applicant shall designate a “Project Liaison” responsible for responding to any local complaints about construction noise. This person shall determine the cause of any noise complaint (e.g., starting too early, bad muffler, etc.) and shall require that reasonable measures be implemented to correct the problem. A telephone number for the Project Liaison shall be posted at the construction site. f. Erect temporary noise barriers to limit construction noise to no more than 90 dBA Lmax at residences. Temporary noise barriers shall be constructed with solid materials (e.g., wood) with a density of at least 1.5 pounds per square foot with no gaps from the ground to the top of the barrier at a minimum height of 12 feet along the southern and eastern project boundaries. If a sound blanket is used, barriers shall be constructed with solid material with a density of at least one pound per square foot with no gaps from the ground to the top of the barrier and be lined on the construction side with acoustical blanket, curtain or equivalent absorptive material rated sound transmission class (STC) 32 or higher. 13. Construction Vibration (Ongoing throughout demolition, grading, and/or construction). During construction, the project shall: a. Avoid the use of large earthmoving equipment (greater than 100 hp) within 15 feet of residential buildings and within 12 feet of commercial buildings, as this is the distance where these buildings are susceptible to damage from vibration from this equipment. b. Schedule construction activities with the highest potential to produce vibration to hours with the least potential to affect nearby institutional, educational, and office uses that the Federal Transit Administration identifies as sensitive to daytime vibration (FTA 2006). c. Notify neighbors of scheduled construction activities that would generate vibration. d. Select quiet construction equipment, particularly air compressors, whenever possible. Fit motorized equipment with proper mufflers in good working order. e. Residences adjacent to the project site shall be notified in advance by writing of the proposed construction schedule before construction activities commence. f. The Applicant shall designate a “Project Liaison” responsible for responding to any local complaints about construction noise. The disturbance coordinator shall determine the cause of any vibration complaint (e.g., starting too early, bad muffler, etc.) and shall require that reasonable measures be implemented to correct the problem. A telephone number for the Project Liaison shall be posted at the construction site. 14. Construction Noise and Vibration Management- Public Notice Required. At least two weeks prior to initiating any construction activities at the site, the Applicant shall provide notice to businesses and residents within 500 feet of the project site. This notice shall at a minimum provide the following: (1) project description, (2) description of construction activities during extended work hours and reason for extended hours, (3) daily construction schedule (i.e., time of day) and expected duration (number of months), (4) the name and phone number of the Project Liaison for the project that is responsible for responding to any local complaints, and (5) that construction work is about to commence. The Project Liaison would determine the cause of all construction-related complaints (e.g., starting too early, bad muffler, worker parking, etc.) and institute reasonable measures to correct the problem. A copy of such notice and methodology for distributing the notice shall be provided in advance to the Planning Manager for review and approval. - 10 - 4904-8314-3726 v2 15. Encroachment Permit (Ongoing throughout demolition, grading, and/or construction). Any construction work, including on-street traffic control, is subject to review and approval through the Department of Public Works Encroachment Permit process. Truck routes are submitted to review and approval through Department of Public Work’s Transportation Permit process and shall comply with City of San Rafael Municipal Code Chapter 5.52. 16. Archaeological Resources (Ongoing throughout demolition, grading, and/or construction). Pursuant to CEQA Guidelines section 15064.5(f), “provisions for historical or unique archaeological resources accidentally discovered during construction” shall be implemented. Further, compliance with the City’s Archeological Resources Protection Ordinance and Resolution No. 10988, which implements the Ordinance, requires the following: a. In the event that any archaeological resources are inadvertently discovered during ground disturbing activities (“find”), all work within 50 feet of the resources shall be halted. The Federated Indians of Graton Rancheria (FIGR) shall be immediately notified and a qualified archaeologist retained at Developer’s sole cost and expense to consult with the City, FIGR, and the Developer and any other applicable regulatory agencies to employ best practices for assessing the significance of the find, developing and implementing a mitigation plan if avoidance is not feasible. Evidence of prehistoric or historic-era subsurface archaeological features or deposits may include ceramic shards, trash scatters, and lithic scatters). All significant, non-Tribal cultural materials recovered shall be subject to scientific analysis, professional museum curation, and/or a report prepared by the qualified professional according to current professional standards. b. In considering any suggested measure proposed by the qualified professional, the project applicant shall determine whether avoidance is necessary or feasible in light of factors such as the uniqueness of the find, project design, costs, and other considerations. c. If avoidance is unnecessary or infeasible, other appropriate measures (e.g., data recovery) shall be instituted. Work may proceed on other parts of the project site while mitigation measures for cultural resources are carried out. d. If significant materials are recovered, the qualified professional shall prepare a report on the findings for submittal to the Northwest Information Center. 17. Human Remains (Ongoing throughout demolition, grading, and/or construction). In the event of the accidental discovery or recognition of any human remains, the following steps should be taken: (1) There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until: a. The Marin County Coroner must be contacted to determine that no investigation of the cause of death is required, and b. If the coroner determines the remains to be Native American: i. The coroner shall contact the Native American Heritage Commission within 24 hours. ii. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descended from the deceased Native American. - 11 - 4904-8314-3726 v2 iii. The most likely descendent may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resources Code Section 5097.98. Where the following conditions occur, the landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further subsurface disturbance: 1. The Native American Heritage Commission is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 24 hours after being notified by the commission. 2. The descendant identified fails to make a recommendation; or 3. The landowner or his authorized representative rejects the recommendation of the descendant, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. 18. Paleontological Resources (Ongoing throughout demolition, grading, and/or construction). In the event of an unanticipated discovery of a paleontological resource during construction, excavations within 50 feet of the find shall be temporarily halted or diverted until the discovery is examined by a qualified paleontologist (per Society of Vertebrate Paleontology standards [SVP 1995,1996]). The qualified paleontologist shall document the discovery as needed, evaluate the potential resource, and assess the significance of the find. The paleontologist shall notify the appropriate agencies to determine procedures that would be followed before construction is allowed to resume at the location of the find. If the City determines that avoidance is not feasible, the paleontologist shall prepare an excavation plan for mitigating the effect of the project on the qualities that make the resource important, and such plan shall be implemented. The plan shall be submitted to the City for review and approval. 19. Halt Work/Unanticipated Discovery of Tribal Cultural Resources (Ongoing throughout demolition, grading, and/or construction). In the event that cultural resources of Native American origin are identified during construction, all work within 50 feet of the discovery shall be redirected. The project applicant and project construction contractor shall notify the Director of Community and Economic Development Department within 24 hours. The City will again contact any tribes who have requested consultation under AB 52, as well as contact a qualified archaeologist, to evaluate the resources and situation and provide recommendations. If it is determined that the resource is a tribal cultural resource and thus significant under CEQA, a mitigation plan shall be prepared and implemented in accordance with State guidelines and in consultation with Native American groups. If the resource cannot be avoided, additional measures to avoid or reduce impacts to the resource and to address tribal concerns may be required. 20. Construction Management Plan. The applicant shall submit a Construction Management Plan (CMP) for review and approval by the Director of Community and Economic Development Department and Director of Public Works prior to issuance of building or grading permit. The construction management plan shall address at a minimum, the following: - 12 - 4904-8314-3726 v2 a. Acknowledgement that all materials and equipment shall be staged on-site, unless otherwise approved in writing by the Chief Building Official. b. Contact information (phone number and email) for contractor, property owner project liaison shall be posted on site in an all weather sign that is visible to the public right of way. c. Another all weather sign shall be posted at all entrances to the construction site to inform all contractors and subcontractors of the requirements of the City’s Noise Ordinance in accordance with SRMC 8.13.050. d. Traffic Control Plan to address on-site and off-site construction traffic. This plan shall include: i. Any alterations, closures, or blockages to sidewalks, pedestrian paths or vehicle travel lanes (including bicycle lanes); ii. Storage of building materials, equipment, dumpsters, debris anywhere in the public Right of Way; iii. Hauling route for trucks used for the construction of project. The TCP shall be stamped and signed by a registered engineer prior to submittal. The TCP shall be consistent with any other requirements of the construction phase. A current copy of this Plan shall be available at all times at the construction site for review by City Staff e. Designate location of construction worker parking on-site or in another off-street location provided by the applicant. Construction workers may not park on-street in the downtown area or adjacent residential neighborhoods. f. A screened security fence approved by the Director of Community and Economic Development Department shall be placed and maintained around the perimeter of the project and removed immediately following construction work. g. Proposed construction phasing, schedule of work, and approximate timeline of project. h. 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. The applicant shall be responsible for addressing any unanticipated construction impacts to the neighborhood and surrounding residents to the reasonable satisfaction of the Director of Community and Economic Development Department. i. Mass grading shall occur between April 15 through October 15, unless otherwise approved in writing by the Department of Public Works. j. Acknowledgement that the applicant shall be required to repair any roadway damage created by the additional construction truck traffic. k. Acknowledgement that that the location of construction trailers shall be on-site, unless otherwise approved by the Chief Building Official. - 13 - 4904-8314-3726 v2 l. Location of construction staging and material storage related to the project. m. Environmental and safety measures: i. Construction safety fences around the construction area. ii. Dust control and air pollution control measures. iii. Erosion and sedimentation control measures. iv. Tree protection fencing. v. Construction vehicle parking 21. Pre-Construction Meeting. Prior to issuance of the first site development permit for each construction area (e.g., on-site parcel(s) or building site(s), or off-site improvement construction area), a pre-construction meeting shall be held, including representatives from the Applicant and the City to review the CMP and including applicable conditions of approval. The general contractor or Applicant shall ensure that all subcontractors involved in subsequent phases of construction aware of the conditions of approval. 22. Applicant to Hold City of San Rafael Harmless. Applicant or permittee shall defend, indemnify, and hold harmless the City of San Rafael or its elected and appointed officials, agents, officers, and employees from any claim, action, or proceeding brought by a third party against the City of San Rafael or its elected and appointed officials, agents, officers, or employees to attack, set aside, void, or annul an approval of the Planning Commission, the City Council, the Director, or any other department, committee, or agency of the City concerning a development, variance, permit or land use approval. 23. Conditions of Approval Validity. If any term, provision, or portion of these conditions or the application of these conditions to a particular situation is held by a court to be invalid, void or unenforceable, the remaining provisions of these conditions, or their application to other actions related to the Project, shall continue in full force and effect unless amended or modified by the City. ENVIRONMENTAL AND DESIGN REVIEW CONDITIONS OF APPROVAL (ED24-022) Planning Division 24. Project Approval. This Environmental and Design Review Permit (ED24-022) approves demolition and construction activities associated with the 210-unit residential development project (930 Irwin), known as the Project. The Project includes the demolition of the three existing buildings and pavement on the Project Site and the construction of a new eight-story residential building with 210 dwelling units; ground level lobby, common areas and amenities; and integrated above-ground, four-level parking garage at 525 and 545 4th Street, and 914 Irwin Street. Plans submitted for building permit shall be in substantial conformance to the plans received on December 27, 2024 with regard to building techniques, materials, elevations, and overall project appearance except as modified by these conditions of approval. Minor modifications or revisions to the Project shall be subject to review and approval by the Community and Economic Development Department, Planning Division. - 14 - 4904-8314-3726 v2 Modifications deemed greater than minor in nature by the Community and Economic Development Director shall require review and approval by the Planning Commission. 25. Permit Validity. This Permit shall become effective on 5/21/2025 and shall be valid for a period of two (2) years from the date of final approval, or 5/21/2027, and shall become null and void if a building permit is not issued or a time extension is not applied for prior to the expiration date. A permit for the construction of a building or structure is deemed exercised when a valid City building permit, if required, is issued, and construction has lawfully commenced. A permit for the use of a building or a property is exercised when, if required, a valid City business license has been issued, and the permitted use has commenced on the property. 26. Mechanical Equipment. Plans shall demonstrate compliance with regulations set forth in San Rafael Municipal Code (SRMC) Section 14.16.320, requiring a minimum setback of five feet from the property line for all mechanical equipment. 27. Exterior Lighting. All exterior lighting shall be energy efficient where feasible; and shielded and directed downward and away from property lines to conceal light sources from view off- site and avoid spillover onto adjacent properties pursuant to SRMC §14.16.227. The Project shall be subject to a 90-day post installation lighting inspection to evaluate the need for adjustment and assure compliance with SRMC Section 14.16.227. 28. Landscape Maintenance. All landscaping shall be maintained in good condition and any dead or dying plants, bushes, trees, or groundcover plantings shall be replaced with new healthy stock of a size appropriate and compatible with the remainder of the growth at the time of replacement. 29. Landscape and Irrigation Plan Approval. Prior to the issuance of occupancy, a licensed landscape architect shall submit a letter to the Director of Community and Economic Development certifying that the landscape plan is in compliance with Water Efficient Landscape requirements and the Water Efficient Landscape requirements of San Rafael Municipal Code Section 14.16.370 and MMWD Ordinance No. 414 (including amendments), as applicable. 30. Tree Replacement Plan. Consistent with Program C-1.17B: Tree Management Plan of the General Plan, the applicant shall prepare a tree replacement plan to retain and/or replace all address trees removed during construction and replanting. The Plan shall be prepared by a licensed arborist using published standards and practices for protecting and monitoring tree health during and after construction. The plan shall be subject to review and approval by the Community and Economic Development Director. Any trees approved for removal shall be replaced at a minimum ratio of 2:1 (24-inch box size) with a 2-inch caliper trunk and shall include root barriers and/or at-grade screens. The plan shall identify: a. Trees proposed for removal the project, including species and size b. Proposed replacement trees, including species and size and planting measures Replacement trees shall be planted under the supervision of a certified arborist and all planting measures recommended by the tree replacement plan shall be implemented. Prior to occupancy, the applicant shall submit verification from the certified arborist that the tree replacement plan was implemented according to the specifications required by the tree replacement plan. 31. Affordable Housing. The Project is required to provide eighteen (18) residential units as affordable to low-income households (those earning less than 80% of the Area Median - 15 - 4904-8314-3726 v2 Income), as proposed by the Applicant pursuant to State Density Bonus Law. As a result, the Project also complies with affordable housing requirements prescribed in Section 14.16.030 of the San Rafael Zoning Ordinance, City Council Resolution 14890, and City Council Resolution 14891. a. Prior to issuance of the first building permit for the Project, a Below Market Rate (BMR) agreement for the eighteen (18) affordable units shall be approved by the Community and Economic Development Director and recorded on the property. 32. Outstanding Fees. Prior to Issuance of the first Building Permit for the Project, the Applicant shall pay all outstanding Planning Division application processing fees. 33. Development Impact Fees. Prior to Issuance of the first Building Permit for the Project, the applicant shall pay all applicable development impact fees required for this Project, including those fees mentioned herein and other fees required by ordinance. 34. Applicable Ordinances, Plans, Regulations, and Specifications. The Project shall adhere to all ordinances, plans, regulations and specifications of the City of San Rafael in effect on the date the Project applicant submitted a preliminary application containing all the information required by Government Code section 65941.1(a) and all applicable regional, State, and Federal laws and regulations. 35. City of San Rafael Department Compliance. Prior to first building permit issuance, the Applicant shall comply with all pre-building permit issuance requirements of the Department of Public Works, Community and Economic Development Department, Building Division and Planning Division, and Fire Department that are directly applicable to the project. 36. Outside Agency Compliance. Prior to first building permit issuance, the Applicant shall comply with all San Rafael Sanitation District and Marin Municipal Water District (MMWD) and utility company regulations that are directly applicable to the Project. 37. Project Progress and Completion. The Applicant shall diligently pursue the Project’s construction through to completion, and, if at any point after building permits have been issued, the Applicant abandons construction or the building permits expire, the Applicant shall demolish the uncompleted portions of the Project and restore the site to rough grade condition and shall take reasonable measures to protect public health and safety, protect the building structure from the elements, screen unsightly elements from view (such as fencing, painting or attractive screens or coverings), and maintain temporary landscaping, to the satisfaction of the Director of the Community and Economic Development Department. 38. Construction Site Maintenance. If the Applicant leaves any work of construction in an unfinished state for more than seven (7) consecutive days, the Applicant shall keep the construction site clean and properly secured per best management standards and to the satisfaction of the Chief Building Official. 39. Construction Site Safety. If the Applicant leaves any work of construction in an unfinished state for more than one hundred and twenty (120) consecutive days, the Applicant shall take reasonable measures to protect public health and safety, protect the building structure from the elements, screen unsightly elements from view (such as fencing, painting or attractive screens or coverings), and maintain temporary landscaping, to the satisfaction of the Director of the Community and Economic Development Department. - 16 - 4904-8314-3726 v2 MERGER CONDITIONS OF APPROVAL (LLA24-002) 40. Notice of Merger. The project shall finalize the lot merger application under the provisions of Government Code Section 66451.12(d). Pursuant to Chapter 15.15 of San Rafael Municipal Code, and Article 1.5 of the State Subdivision Map Act. The associated lot merger shall be completed and recorded prior to issuance of demolition permit. Building Division 41. Building Code. The design and construction of all site alterations shall comply with the latest adopted Building Codes in effect at time of building permit submission. Currently the following codes are adopted: 2022 California Building Code (CBC), 2022 California Plumbing Code (CPC), 2022 California Electrical Code (CEC), 2022 California Mechanical Code CCMC), 2022 California Fire Code (CFC), 2022 California Energy Code, 2022 California Green Building Standards Code and City of San Rafael Ordinances and Amendments. 42. Building Plans. 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 plane and height of the building) g. Structural Calculations h. Truss Calculations i. Soils reports j. Green Building documentation k. Title-24 energy documentation 43. Occupancy Details on Plans. The occupancy classification, construction type and square footage of each building shall be specified on the plans. In mixed occupancies, each portion of the building shall be individually classified. 44. Occupancy Calculations. The occupancy classification, construction type and square footage of each building shall be specified on the plans in addition to justification calculations for the allowable area of each building. Site/civil plans prepared by a California licensed surveyor or engineer clearly showing topography, identifying grade plane and height of the building. 45. Mixed Occupancy Type. This building contains several different occupancy types. Individual occupancies are categorized with different levels of hazard and may need to be separated from other occupancy types for safety reasons. Under mixed-occupancy conditions the project architect has available several design methodologies (accessory occupancies, nonseparated occupancies, and separated occupancies) to address the mixed-occupancy concerns. 46. Building Height. Building height and story must comply with CBC Section 504. On the plan justify the proposed building area and height. - 17 - 4904-8314-3726 v2 47. Building Area. Building areas are limited by CBC Table 506.2. On plan justify the proposed building area. 8. 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. 9. Buildings located 4 or more stories above grade plane, one stairwell must extend to the roof, unless the roof slope exceeds an angle of 4 vertical to 12 horizontal CBC 1011.12. 48. Building Addressing. 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. 11. 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. 49. School Fees. 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. 50. Flood Zone. A portion of the subject property appears to be in a flood zone, which is identified as an area of special flood hazard. All new construction and in some cases, existing improvements, are to be designed to ensure that the potential for flooding is minimized. This may involve grading to elevate the building pad or raising of existing building components to a level above the highest flood level. No new construction, or substantial improvements of a structure which would require a building permit, pursuant to the applicable provisions of the California Building Code as adopted, shall take place in an area of special flood hazard without full compliance with the applicable flood control requirements. Prior to submittal of plans to the Building Division for plan review, the applicant shall determine where the actual flood fringe boundary lines occur on the property. The lines shall be incorporated onto a site/topographical plan which shall be included as part of the required plan information noted above. 51. Soils Report. Regarding any grading or site remediation, soils export, import and placement; provide a detailed soils report prepared by a qualified engineer to address these procedures. The report should address the import and placement and compaction of soils at future building pad locations and should be based on an assumed foundation design. This information should be provided to Building Division and Department of Public Works for review and comments prior to any such activities taking place. A grading permit may be required for the above- mentioned work. 52. Geotechnical and Civil Pad Certification. Prior to building permit issuance for the construction of each building, geotechnical and civil pad certifications are to be submitted. 53. Ventilation Area. Ventilation area required, the minimum openable area to the outdoors is 4 percent of the floor area being ventilated CBC 1203.5.1 or mechanical ventilation in accordance with the California Mechanical Code. - 18 - 4904-8314-3726 v2 54. Natural Lighting. Natural light, the minimum net glazed area shall not be less than 8 percent of the floor area of the room served CBC 1205.2 or shall provide artificial light in accordance with CBC 1205.3. 55. Signage. All site signage as well as wall signs require a separate permit and application (excluding address numbering). 56. Monument Sign Address Numbers. Monument sign(s) located at the driveway entrance(s) shall have address numbers posted prominently on the monument sign. 57. Parking Garage. In the parking garage, mechanical ventilation will be required capable of exhausting a minimum of .75 cubic feet per minute per square foot of gross floor area CMC Table 4-4. 21. In the parking structure, in areas where motor vehicles are stored, floor surfaces shall be of noncombustible, nonabsorbent materials. Floors shall drain to an approved oil separator or trap discharging to sewers in accordance with the Plumbing Code and SWIPP. 22. Each building shall be provided with sanitary facilities per CPC Sec 412 and Table 4-1 (including provisions for persons with disabilities). Separate facilities shall be required for each sex. 23. 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”. 58. Elevators. All buildings with one or more elevators shall be provided with not less than one medical emergency service elevator. The medical emergency service elevator shall accommodate the loading and transport of an ambulance gurney or stretcher. The elevator car size shall have a minimum clear distance between walls and door excluding return panels not less than 80 inches by 54 inches and a minimum distance from wall to return panel not less than 51 inches with a 42-inch side slide door. 59. Exits. A minimum of two exits, with proper separation, are required from the third floor of each unit. The exits must located a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the area served. 60. Accessibility. The proposed facility shall be designed to provide access to the physically disabled. For existing buildings and facilities when alterations, structural repairs or additions are made, accessibility improvements for persons with disabilities shall be required unless CASP report states compliant. Improvements shall be made, but are not limited to, the following accessible features: a. Path of travel from public transportation point of arrival b. Routes of travel between buildings c. Parking d. Ramps e. Primary entrances f. Sanitary facilities (restrooms) g. Drinking fountains & Public telephones (when provided) h. Accessible features per specific occupancy requirements i. Accessible special features, i.e., ATM's point of sale machines, etc. 61. Accessibility Requirements. The site development of items such as common sidewalks, parking areas, stairs, ramps, common facilities, etc. are subject to compliance with the accessibility. Pedestrian access provisions should provide a minimum 48" wide unobstructed - 19 - 4904-8314-3726 v2 paved surface to and along all accessible routes. Items such as signs, meter pedestals, light standards, trash receptacles, etc., shall not encroach on this 4' minimum width. Also, note that sidewalk slopes and side slopes shall not exceed published minimums. The civil, grading and landscape plans shall address these requirements to the extent possible. 62. Parking Garage Vertical Clearance. The parking garage ceiling height shall have a minimum vertical clearance of 8’ 2” where required for accessible parking. 63. Multistory Access. Multistory apartment or condominium on the ground floor in buildings with no elevator at least 10 percent but no less than one of the multistory dwellings in apartment buildings with three or more and condos with four or more dwellings shall comply with the following: 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. 64. Multifamily Accessible Parking. Multifamily dwelling and apartment accessible parking spaces shall be provided at a minimum rate of 2 percent of the covered multifamily dwelling units. At least one space of each type of parking facility shall be made accessible even if the total number exceeds 2 percent. 65. Unassigned Accessible Parking. When parking is provided for multifamily dwellings and is not assigned to a resident or a group of residents, at least 5 percent of the parking spaces shall be accessible and provide access to gradelevel entrances of multi family dwellings and facilities (e.g. swimming pools, club houses, recreation areas and laundry rooms) that serve the dwellings. Accessible parking spaces shall be located on the shortest accessible route to an accessible building, or dwelling unit entrance. 66. Accessible Parking. Public accommodation disabled parking spaces must be provided according the following table and must be uniformly distributed throughout the site: - 20 - 4904-8314-3726 v2 67. Accessible Van Parking. At least one disabled parking space must be van accessible; 9 feet wide parking space and 8 feet wide off- load area. Additionally, one in every eight required handicap spaces must be van accessible. At least one disabled parking space must be van accessible; 9 feet wide parking space and 8 feet wide off- load area. Additionally, one in every eight required handicap spaces must be van accessible. Fire Department 68. Fire Code. The design and construction of all site alterations shall comply with the 2022 California Fire Code, current NFPA Standards, and all applicable City of San Rafael Ordinances and Amendments. 69. Deferred Submittals. Deferred Submittals for the following fire protection systems shall be submitted to the Fire Prevention Bureau for approval and permitting prior to installation of the systems: a. Fire Sprinkler plans (Deferred Submittal to the Fire Prevention Bureau) b. Fire Standpipe plans (Deferred Submittal to the Fire Prevention Bureau) c. Fire Underground plans (Deferred Submittal to the Fire Prevention Bureau) d. Fire Alarm plans (Deferred Submittal to the Fire Prevention Bureau) e. Kitchen Hood Automatic Fire-Extinguishing System plans (Deferred Submittal to the Fire Prevention Bureau) f. ERCCS/DAS Radio Coverage System. 70. Fire Apparatus Access Roadway. The fire apparatus access roadway must conform to all provisions in CFC Section 503 and Appendix D. 71. Fire Apparatus Plan. 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. - 21 - 4904-8314-3726 v2 b. Red curbs and no parking fire lane signs. c. Fire hydrants. d. Fire Department Connection (FDC). e. Double detector check valve. f. Street address sign. g. Recessed Knox Box(s). h. Knox gate key switch locations. i. Fire Alarm annunciator panel. j. NFPA 704 placards. k. Provide a note on the plan, 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. 72. Knox Gate Switch. A Knox key switch is required for driveway or access road automatic gates. https://www.knoxbox.com/gate-keys-and-padlocks/ 73. Existing Hydrant Upgrades. When additions or alterations are made, the nearest existing fire hydrant shall be upgraded. Residential model: Clow 950. Commercial Model: Clow 960. 74. Distance to Fire Apparatus Access Road. When a building is fully sprinklered all portions of the exterior building perimeter must be located within 250-feet of an approved fire apparatus access road. a. The minimum width of the fire apparatus access road is 20-feet. b. The minimum inside turning radius for a fire apparatus access road is 28 feet. c. The fire apparatus access road serving this building is more than 150-feet in length; provide an approved turn-around. Contact the Fire Prevention Bureau for specific details. 75. Fire Apparatus Access Roadway. If the building is over 30 feet in height, an aerial fire apparatus access roadway is required parallel to one entire side of the building. a. The Aerial apparatus access roadway shall be located within a minimum of 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-feet. c. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway, or between the roadway and the building. 76. Fire Lanes. Fire lanes must be designated; painted red with contrasting white lettering stating, “No Parking Fire Lane” A sign shall be posted in accordance with the CFC Section 503.3 and to the satisfaction and approval of the San Rafael Parking Services Division. 77. Hazardous Materials Placards. If applicable, Hazardous Materials Placards shall be installed in accordance with NFPA 704. 78. Hazardous Materials Management Plan. If applicable, provide a Hazardous Materials Management Plan to be submitted to Marin County Department of Public Works, CUPA - 22 - 4904-8314-3726 v2 79. Address Numbers. Provide address numbers plainly visible from the street or road fronting the property. Numbers painted on the curb do not qualify as meeting this requirement. Numbers shall contrast with the background and shall be Arabic numbers or letters. Numbers shall be internally or externally illuminated in all new construction or substantial remodels. Number sizes are as follows: For residential – 4” tall with ½” stroke. For commercial – 6” tall with ½” stroke. Larger sizes might be required by the fire code official or in multiple locations for buildings served by two or more roads. A clear & understandable building address directory is required. 80. Fire Suppression Water Supply. Contact the Marin Municipal Water District (MMWD) to plan for the water supply serving the fire protection system. 81. Knox Key Access. The contractor shall provide: a. Knox key access to the project site during construction. b. 24-hour emergency contact information conspicuously posted on the job site. c. Ensure the site is kept clear of any combustible debris or waste; removed daily. d. Mount fire extinguishers of a 2A10BC rating every 75 feet of travel distance and on each floor throughout the jobsite. e. Ensure the jobsite is kept safe from unauthorized entry during non-construction hours. Department of Public Works General 82. Deposit for Third Party Inspections. The Applicant shall provide a deposit to fund the City’s third-party inspection activity during construction of the project. Inspections are required for activities including, but not limited to, grading, traffic, drainage, and encroachment into the public-right-of-way. 83. Reimbursement Agreement Required. The Applicant shall enter into a reimbursement agreement with the City and provide a deposit to fund the City’s third-party plan review fees prior to start of review(s). This may include, but not limited to, fees associated with the review of traffic, civil engineering, geotechnical engineering, and surveying aspects of future project submissions. Special Flood Hazard Area 84. FEMA Special Flood Hazard Area. The Project is located within a FEMA Special Flood Hazard Area (SFHA) with a base flood elevation (BFE) of 10’ NAVD88. Therefore, the project shall be designed and constructed in accordance with the applicable provisions of the California Building Code (CBC) Section 1612, ASCE 24-14: Flood Resistant Design and Construction, and San Rafael Municipal Code (S.R.M.C.) Title 18 Protection of Flood Hazard Areas. The following specific conditions apply: a. In accordance with S.R.M.C. 18.50.010.C.1, the lowest floor needs to be elevated 1' above the BFE plus predicted thirty years settlement. The civil plans show that most of the ground level will be set at a finish floor elevation of 11.33’, which is 1.33’ above the BFE. However, the geotechnical report prepared by Cornerstone Earth Group notes that there is the potential for significant settlement of up to 4.5 inches. Prior to issuance of building permit, the applicant shall provide a study by the geotechnical - 23 - 4904-8314-3726 v2 engineer of the predicted 30 years settlement that considers the final building and foundation design to verify that the lowest floor meets the requirement to be elevated 1’ above the BFE plus predicted 30 years settlement. b. The architectural plans show that the lobby at the corner of Irwin St and Fourth St will be set at a finish floor elevation of 10.65’. Lobbies are only permitted to be below the required elevation of (BFE + 1’ + predicted thirty years settlement) if they solely provide building access. Lobbies with furniture, sitting areas, trash receptacles, or other contents or fixtures change the use of the area to something other than strictly building access. Tenant mailboxes, security desks, and tenant services would be considered uses other than building access. If the lobby is determined to solely provide building access, then it may be allowed to be below the required elevation of (BFE + 1’ + predicted thirty years settlement) provided that it is wet floodproofed in accordance with S.R.M.C 18.50.010.C.3 and ASCE 24-14 Section 6.3. c. The plans appear to show that the fire pump room will be set at a finish floor elevation below 11.33’. Because this room is set below the required elevation of (BFE + 1’ + predicted thirty years settlement), it will be considered an enclosure and will need to be wet floodproofed in accordance with S.R.M.C. 18.50.010.C.3. In addition, the fire pump system will either need to be elevated to (BFE + 1’ + predicted thirty years settlement) or be designed to resist flood loads and prevent water from entering or accumulating within the components in accordance with S.R.M.C. 18.50.010.B and ASCE 24-14 Chapter 7. d. Elevators with components below the elevation of (BFE + 1’ + predicted 30 years settlement) shall be designed in accordance with ASCE 24-14 Section 7.5. If the project design includes such elevators, prior to issuance of building permit, the applicant shall submit project drawings that include a statement by a registered design professional that the elevators are designed in accordance with ASCE 24-14. e. Any other ground level areas set below the required elevation of (BFE + 1’ + predicted thirty years settlement) may only be used for building access, parking, or storage and shall be wet floodproofed in accordance with S.R.M.C. 18.50.010.C.3 and ASCE 24-14 Section 6.3. f. At the conclusion of construction, and prior to issuance of certificate of occupancy, the applicant shall submit an Elevation Certificate (FEMA Form FF-206-FY-22 or updated version) for the development. g. At the conclusion of construction, and prior to issuance of certificate of occupancy, the engineer of record shall provide a Wet Floodproofing Letter certifying that construction of enclosures below the elevation of (BFE + 1’ + predicted thirty years settlement) is in accordance with ASCE 24-14 Section 6.3. The letter shall include information detailing how the design and construction of the enclosures meet the requirements of ASCE 24-14 Section 6.3, including but not limited to information regarding materials used, number and size of flood openings, and uses of the space. Public Right-of-Way 85. Pedestrian and Bicycle Priority Street. Per the Downtown San Rafael Precise Plan (DSRPP), Fourth Street is a pedestrian and bicycle priority street that should minimize driveways and - 24 - 4904-8314-3726 v2 curb cuts to the extent possible. The new driveway for the Project will only be allowed on Fourth Street provided that the following safety measures are implemented to reduce adverse impacts on pedestrians and bicycles. Prior to issuance of building permit, the Applicant shall submit project drawings that demonstrate the following: a. Right-turn entry and exit only driveway operations is preferrable. If the new driveway also allows left-turn entry and exit movements, the applicant shall implement signage, striping, lighting, and/or other improvements to ensure safe driveway access. The proposed improvements shall be to the satisfaction of the City Engineer. b. Vehicular warning signals, both auditory and visual, as well as convex mirrors, shall be installed at the garage exit to help alert exiting vehicles of the presence of pedestrians and bikes on the sidewalk and on the road. The auditory warning signals shall be programmable so the noise level can be adjusted if required by the City. c. The driveway shall have a 20' inside depressed width. d. The gate at the garage entrance shall be set back a minimum of 15’ from the back of the sidewalk to ensure waiting vehicles do not block the sidewalk. 86. Frontage Improvements. Prior to issuance of building permit, the Applicant shall submit a separate set of drawings detailing the frontage improvements in the public right-of-way (ROW) adjacent to the proposed development for Department of Public Works review and approval as part of the application for an encroachment permit (e.g., sidewalks, pavement restoration, driveway approach, lighting). Frontage improvements shall be designed in accordance with City of San Rafael design standards, meet accessibility requirements per the California Building Code and Public Right-of-Way Accessibility Guidelines (PROWAG), and reference Marin County Uniform Construction Standards (UCS) where applicable. At a minimum, frontage improvements shall include the following: a. New sidewalk, curb, and gutter. b. Two new directional curb ramps (one for each crosswalk direction) at the northwest corner of the project site at the Irwin Street/Fourth Street intersection. c. In accordance with Department of Justice/Department of Transportation Joint Technical Assistance guidance, directional curb ramps shall be provided at other end of each crosswalk that is altered by the project. This includes the southwest corner and the northeast corner of the Irwin Street/Fourth Street intersection. The crosswalk striping shall be restriped as necessary to align with the direction of the new curb ramps. d. Undergrounding of existing overhead utility lines along the property frontage. e. Pavement restoration (2”-thick grind and overlay) will be required along the property frontage. The limits of pavement restoration will be to the centerline of the street or as required during the encroachment permit application, whichever is more stringent. For moratorium streets, full width resurfacing shall be required for utility trenching. f. New safety light at northwest corner of the project site at the Fourth and Irwin St intersection. In accordance with Table D of the Caltrans Roadway Lighting Manual - 25 - 4904-8314-3726 v2 (July 2021), the safety light at the intersection shall provide a minimum average illumination level of 1.7 foot candles with a maximum uniformity ratio of 4.0. g. Relocate the existing street light adjacent to the existing driveway location on Fourth Street to be adjacent to the proposed new driveway location on Fourth Street. h. Prior to issuance of certificate of occupancy, the project sponsor shall replace all existing street signs on Fourth St and Irwin St along the property frontage. The project sponsor shall receive approval on the sign template from the City prior to purchasing and installation of the signs. Any modification 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. All public right-of-way improvements, including frontage improvements and the dedication of easements and public right-of-way, shall be completed to the satisfaction of the Department of Public Works prior to building permit final inspection. 87. Loading Zone and Trash Pick Up Area Plan. The Applicant shall submit a plan for the proposed loading zones and trash pickup area on Fourth Street as part of the application for an encroachment permit for review by the Department of Public Works and the City Traffic Engineer. The plan shall indicate the proposed colored curb designations, proposed signage, type of loading, and time restrictions for the loading/pickup zones. Proposed loading zones shall comply with all applicable requirements of the California Building Code and PROWAG. The trash pickup area shall only be used for trash staging the evening before scheduled trash pickup (after 8 pm) and must be cleared of bins within four hours of trash pickup the following day. 88. Public Right of Way Protrusions. All backflow preventers, fire department connections, and other above ground utility structures shall be placed on private property and shall not be allowed to protrude into the public-right-of-way. 89. Public Street and Sidewalk Debris. All public streets and sidewalks that are impacted by the grading and construction operation for the project shall be kept clean and free of debris at all times. 90. Encroachment Permits Required. An encroachment permit is required from the Department of Public Works prior to conducting any work within or any time the public ROW is restricted. 91. Encroachment Permits for Balconies. Pursuant to S.R.M.C 11.04.030.020.J, balconies that extend more than four feet (4') into the public right-of-way are required to receive a major continuing encroachment permit and license agreement. Prior to issuance of building permit, the Applicant shall apply for a major continuing encroachment permit for any balconies that extend more than four feet into the public right-of-way and receive preliminary approval. Prior to issuance of certificate of occupancy, the Applicant shall complete the approval process for the major continuing encroachment permit and record the license agreement for any balconies that extend more than four feet into the public right-of-way. 92. Exterior Doors. Exterior doors shall not be permitted to swing into or project into the public right-of-way. - 26 - 4904-8314-3726 v2 Hydrology and Water Quality 93. Storm Drain Profile. Prior to building permit issuance, the Applicant shall submit storm drain profiles detailing the connection between the private property and City storm drain pipe to ensure the proposed connection does not conflict with existing infrastructure. 94. Storm Drain Pipe Size. Minimum storm drain pipe size in the public right-of-way is 12”. Blind connections to an existing storm drain pipe are not permitted. Prior to issuance of building permit, drainage drawings shall be provided showing that new structures will be provided at connections to the existing storm drain system and that the minimum pipe size in the public right-of-way will be 12”. Private maintenance responsibility is for the entire lateral up to the connection point to the City storm drain main. 95. MCSTOPP Requirements. This Project includes more than 5,000 square feet of total impervious area replacement and creation and therefore is considered a regulated project. The following documents are required to be provided in accordance with the Marin County Stormwater Pollution Prevention Program (MCSTOPPP) requirements: a. Stormwater Control Plan – A written document/report and exhibit to accompany the plan set used primarily for municipal review to verify compliance with stormwater treatment requirements. (Provide prior to issuance of building or grading permit.) b. Stormwater Facilities Operations and Maintenance (O&M) Plan – A written document/report and exhibit outlining facilities on-site and maintenance activities and responsibilities for property owners. (Provide prior to issuance of building or grading permit.) c. Stormwater Facilities Operations and Maintenance Agreement – A formal agreement between the property owner and the City that shall be recorded with the property deed prior to issuance of final certificate of occupancy. As part of this agreement, the Property Owner, at its own expense, is required to conduct annual inspections of the stormwater facilities and send a report of the annual inspection to the Department of Public Works. (Provide prior to issuance of certificate of occupancy.) 96. Bioretention Basins. Prior to issuance of building permit, the Applicant shall submit building operations documentation to the satisfaction of the City Engineer that demonstrates how on- going access to the proposed bioretention basins located on private patios will be provided through residential units. Grading and Earthwork 97. Geotechnical Plan Review. Prior to issuance of building permit, the Applicant shall provide a plan review letter from the geotechnical engineer of record confirming that the project drawings are in conformance with their recommendations. 98. Geotechnical Conformance Letter. At the conclusion of construction and prior to issuance of certificate of occupancy, the Applicant shall provide a final conformance letter from the geotechnical engineer of record documenting that the geotechnical aspects of construction (grading, earthwork, foundation prep) were performed under their observation and in accordance with their recommendations. - 27 - 4904-8314-3726 v2 99. Erosion and Sediment Control Plan. Prior to issuance of building permit or grading permit, the Applicant shall provide an erosion and sediment control plan for review and approval by the City. 100. Grading Permit Required. Prior to start of construction, a grading permit shall be required from the Department of Public Works. Applications can be found on the City’s website: https://www.cityofsanrafael.org/grading-permits/. 101. Storm Water Prevention Plan. The Project includes more than one acre of land disturbance so a Storm Water Pollution Prevention Plan (SWPPP) shall be required per the state Construction General Permit. The applicant shall submit a copy of the SWPPP and WDID number to the Department of Public Works prior to issuance of a grading permit. Traffic 102. Traffic Mitigation Fee. Prior to issuance of a building permit, the Applicant shall pay a traffic mitigation fee for 39 net new AM trips and 33 net new PM trips for a total of 72 peak-hour trips. The rate per peak-hour trip and the corresponding amount of the traffic mitigation fee will be determined based on the rate in effect on the date of building permit issuance. For reference, the current rate is $6,930 per peak-hour trip. The current rate is valid until January 1, 2026. The rate is adjusted annually per Resolution No. 14983 adopted by City Council on 10/4/2021. 103. Construction Vehicle Impact Fee. Prior to issuance of a building permit, the Applicant shall pay a construction vehicle impact fee (Street Maintenance Fee), which is calculated at 1% of the building permit valuation, with the first $10,000 of valuation exempt. Marin Municipal Water District 104. Water Service. This Project will be eligible for water service upon request and fulfillment of the requirements listed below: a. Complete a High Pressure Water Service Application. b. Submit a copy of the building permit. c. Pay appropriate fees and charges. d. Complete the structure's foundation within 120 days of the date of application. e. Comply with the District's rules and regulations in effect at the time service is requested, including the installation of meter per use, per structure. f. Comply with all indoor and outdoor requirements of District Code Title 13 – Water Conservation. This may include verification of specific indoor fixture efficiency compliance. g. If you are pursuing a landscaping project subject to review by your local planning department and /or subject to a city permit, please contact the district water conservation department at 415-945-1497 or email to plancheck@marinwater.org. More information about district water conservation requirements can be found online at www.marinwater.org - 28 - 4904-8314-3726 v2 h. Comply with the backflow prevention requirements, if upon the District’s 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. i. Comply with California Water Code – Division I, Chapter 8, Article 5, Section 537; which requires individual metering of multiple living units within newly constructed structures. San Rafael Sanitation District 105. Sewer Connection Fee – Fixture Count. In order for the San Rafael Sanitation District (District) to determine sewer connection fees, please provide a fixture count table detailing all existing and new drainage fixtures and their corresponding Drainage Fixture Units (DFU) for public/commercial/retail uses. Fixture unit counts shall be pursuant to Table 702.1 of the 2022 CPC. Also include numbers of existing and proposed living units at each floors/building. 106. Plan Modifications. On sheet C-5.2, please provide the following: a. Indicate that the manholes shown on 4th Street are new manholes. The plans show existing elevation information which may misinterpreted as existing manhole. b. TP usually stands for top of pipe, but the elevation provided appears to be finish grade elevation. If so, please change from “TP” to “FG”. c. The plans show manholes on 4th Street as County manholes “205” but new manholes shall conform to the SRSD Standard Specifications and Drawings SD 2. Revise the manhole calls out and replace detail ‘205’ on sheet C-5.4 with detail SD 2. d. On ‘Sewer backflow device’ detail, remove the references to Central Contra Costa Sanitary District in the detail tittle and note 1. e. Utility plan calls out for 10” PVC but profile says 8-inch. Revise for consistency. 107. Sewer Lateral Profile. On sewer lateral profile A-A and B-B, can the new laterals be installed between the existing gas line and existing water and communication lines to avoid the process to get the design, review, approval, and construction for the relocation? For your information, if minimum pipe cover is the constraint, pipe protection measures can be used to mitigate the reduction in pipe cover. 108. Sewer Lateral Agreements. Provide the district with proof of agreements with owners of three adjacent buildings at 519, 511, and 509 4th Street to install new sewer laterals and abandon existing sewer laterals. 109. Sewer Easement. To vacate existing sewer easement, a request shall be sent to Doris Toy – the District Manager a letter requesting that the District formally vacate the sewer easement on the property and attach the following: a. An Easement Quitclaim Deed, which includes Plot map and Legal Description of the Sewer Easement; and b. Applicant’s Title Report and Grant Deed for the Property 110. Sewerage System Study. Provide the district with proofs such as sewerage system study or CCTV reports that there are only three lateral connections at 519, 511, and 509 4th Street to the existing 6-inch sewer main on the rear to be abandoned. - 29 - 4904-8314-3726 v2 111. Sewer Connection Fee. Pursuant to District Ordinance No. 56, a sewer connection fee may be imposed prior to issuance of a building permit. The foregoing Resolution was adopted at the regular City of San Rafael Planning Commission meeting held on the 13th day of May, 2025. The Planning Commission’s Action is final unless it is appealed to the City Council within five (5) working days pursuant to San Rafael Municipal Code Section 14.28.030 - Filing and time limit of appeals. Moved by _______________ and seconded by _______________. The vote is as follows: AYES: NOES: ABSENT: SAN RAFAEL PLANNING COMMISSION ATTEST: BY: Margaret Kavanaugh-Lynch, Secretary Chair EXHIBIT 1 ANALYSIS OF PROJECT CONSISTENCY WITH DOWNTOWN PRECISE PLAN 4924-4679-5328 v1 1-1 Table 1: Development Standards – T4N 40/50 (DPP Section 2.3.030) Standard Required Proposed Notes Building Setbacks Front 7 ft. min.; 15 ft. max. 0 ft. Density Bonus Waiver Side Street 7 ft. min.; 15 ft. max. 0 ft. Density Bonus Waiver Side 5 ft. min. 0-10 ft. Density Bonus Waiver Rear 15 ft. min. 0-10 ft. Density Bonus Waiver Building Length 75 ft. max. 75 ft. Complies Façade length in façade zone. (1) Front (2) Side Street (1) 70% min. (2) 50% min. (1) 100% (2) NA1 Density Bonus Waiver Height 40 ft. max. 88 ft. Density Bonus Waiver. Stepback Front 10 ft. at 35 ft. tall 0 ft. Density Bonus Waiver Side Street 10 ft. at 35 ft. tall 0 ft. Density Bonus Waiver Rear 10 ft. at 35 ft. tall 0 ft. Density Bonus Waiver 1 The portion of property zoned T4 N 40/50 does not front Irwin Street and therefore does not have a façade zone on the front of the building in this zoning district. See below for an analysis for the T5N 50/70 zoning district along Irwin Street. EXHIBIT 1 ANALYSIS OF PROJECT CONSISTENCY WITH DOWNTOWN PRECISE PLAN 4924-4679-5328 v1 1-2 Table 2: Development Standards – T5N 50/70 (DPP Section 2.3.050) Standard Required Proposed Notes Building Setbacks Front 0 ft. min.; 15 ft. max. 0 ft. Complies Side Street 0 ft. min.; 15 ft. max. 0 ft. Complies Side 0 ft. min. 0-10 ft. Complies Rear 0 ft. min. 0-10 ft. Complies Façade length in façade zone. (1) Front (2) Side Street (1) 70% min. (2) 60% min. (1) 100% (2) 100% Complies Height 50 ft. max. 88 ft. Density Bonus Waiver Stepback Front 10 ft. at 35 ft. tall 0 ft. Complies Side Street 10 ft. at 35 ft. tall 0 ft. Complies Rear 10 ft. at 35 ft. tall 0 ft. Complies EXHIBIT 1 ANALYSIS OF PROJECT CONSISTENCY WITH DOWNTOWN PRECISE PLAN 4924-4679-5328 v1 1-3 Table 3. Massing and Façade Articulation (DPP Division 3.2) Review Criteria Proposed 3.2.030. Tripartite Façade Articulation. New facades and façade modifications along a street or civic space shall be designed to visually express a base, middle, and top. The proposed design includes a clear base, middle and top. Each level includes variation of building materials such that the base and top of the building are distinct. Additionally, the top level is recessed. 3.2.040. Massing and Composition. Building facades shall be arranged in an orderly composition of window bays/openings based on prevalent patterns of 5, 7 or 9 bays. Each building elevation is arranged in an orderly composition of the following number of window bays/openings: • North Elevation – 7 bays/openings • East Elevation – 5 bays/openings • South Elevation – 7 bays/openings • West Elevation – 5 bays/openings 3.2.050. Corner Elements. New facades and facade modifications shall be designed to include a corner element to give visual importance to the corner and enhance the public realm. The proposed building includes a corner element that is distinct from other portions of the building. 3.2.060. Windows and Openings. Buildings 100' or more in length along the street are required to include projected or recessed window bays. The recess may be achieved by a partial or complete window surround. Up to 3 bays may be grouped. The building includes square, recessed window bays. EXHIBIT 2 ANALYSIS OF PROJECT CONSISTENCY WITH APPLICABLE STANDARDS OF TITLE 14 – ZONING 4896-9801-8112 v1 25-1 CHAPTER 14.16 - SITE AND USE REGULATIONS 14.16.030 - Affordable housing requirement. Pursuant to Resolutions 14890 and 14891, adopted by City Council in February 2021, the project is consistent with the City’s primary and secondary inclusionary housing requirements which state that housing projects of greater than 15 units must provide 5% of the proposed units (excluding density bonus units) affordable to and occupied by a low-income household (primary requirement) and an additional 5% also affordable to and occupied by low-income households (secondary requirement). The project provides 18 inclusionary housing units, which totals 10.2 percent of the base units (excluding density bonus units) and therefore exceeds the required 10 percent affordable housing requirement. A condition of approval will require the developer to enter into an affordable housing agreement prior to issuance of a building permit which will ensure compliance with this standard. 14.16.170 - Geotechnical review. The applicant has provided a Geotechnical Investigation, prepared by Cornerstone Earth Group, dated August 23, 2024 and updated February 7, 2025. The report has been reviewed by the Department of Public Works and recommendations will be incorporated during the building permit process. 14.16.227 - Light and glare. Neutral-colored stucco finishes are proposed, which will avoid off-site glare impacts. As shown on the Schematic Lighting & Photometric Plans, light fixtures will be shielded to conceal light sources from view off-site and avoid spillover onto adjacent properties. 14.16.243 - Mechanical equipment screening. Proposed roof-mounted mechanical equipment is adequately screened from public view by parapet walls. 14.16.260 - Noise standards. The project site is located in a “normally acceptable” noise exposure area per General Plan 2040, Figure I-9. Noise was evaluated by the Class 32 Report prepared for the project by Rincon Consultants, Inc (dated May 2025). Conditions of project approval will ensure that the project complies with noise standards during both construction and operation of the project. 14.16.320 - Swimming pools, hot tubs, and other mechanical equipment. As proposed and conditioned, all mechanical equipment will be located a minimum of five feet from the property lines, consistent with this requirement. 14.16.370 - Water-efficient landscape Pursuant to 14.16.370, the resolution includes a condition of approval that requires the applicant to provide written verification of plan approval from MMWD prior to the issuance of a building permit and/or grading permit. Through compliance with conditions, the project will be consistent with this water-efficient landscaping requirements. EXHIBIT 3 ANALYSIS OF PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2040 4937-4257-3120 v1 3-1 LAND USE ELEMENT Policy LU-1.3: Land Use and Climate Change. Focus future housing and commercial development in areas where alternatives to driving are most viable and shorter trip lengths are possible, especially around transit stations, near services, and on sites with frequent bus service. This can reduce the greenhouse gas emissions associated with motor vehicle trips and support the City’s climate action goals The proposed project includes new multifamily residential development in Downtown San Rafael in proximity to bus routes and relative proximity to the Downtown San Rafael SMART train station. Policy LU2-2: Mixed Use Development. Encourage mixed-use development (combining housing and commercial uses) in Downtown San Rafael and on commercially designated properties elsewhere in the city. Mixed-use development should enhance its surroundings and be compatible with adjacent properties. The proposed project includes a residential building with 210 residential units with ground floor amenities for residents in Downtown San Rafael. Policy LU-3.3: Housing Mix. Encourage a diverse mix of housing choices in terms of affordability, unit type, and size, including opportunities for both renters and owners. The proposed project includes 210 new residential apartment units. 44 of the residential units would be studios, 70 units would have one bedroom, and 67 units would have two bedrooms, and 29 would have three bedrooms. The project would include 18 residential units that are designated as Below Market Rate (BMR) units. COMMUNITY DESIGN AND PRESERVATION ELEMENT Policy CDP-2.2: Downtown Urban Design. Enhance the design qualities that make Downtown San Rafael a unique and special place, including its traditional street grid, street trees, walkable scale, historic building stock, and varied architecture. The proposed building includes articulation in the forms of: (1) building recesses and projections; (2) variation in color; and (3) variation in materials. There is a recessed courtyard on level four on the northern elevation and balconies project from the face of the building on all elevations. Exterior materials would be neutral colors and include a variety of colors and materials. The main body of the building would be smooth trowel finish plaster, in the color "Craie” by Eco Stucco. The ground level includes a darker accent color plaster, color “Acier”, also by Eco Stucco. The vertical accents and top floor of the building would be painted an accent color, Sherwin Williams, SW 7710 Brandywine. The windows and trim would be a dark gray finish. Policy CDP-4.3: Creative Architecture and Design. Encourage creative architecture while respecting the context of each site. Policy CDP-4.7: Larger-Scale Buildings. Design larger scale buildings to reduce their perceived mass. Encourage the incorporation of architectural elements such as towers, arcades, courtyards, and awnings to create visual interest, provide protection from the elements, and enhance orientation. Policy CDP-4.6: Open Space in Multi-Family Housing. Require private outdoor areas such as decks and patios, as well as common open space areas, in new multi-family development and mixed use housing. Common open space may include recreation facilities, gathering places, and site amenities such as picnic and play areas. Amenities for residents include a pool, community room and a terrace on the eighth floor, private patios, a game room, fitness center and yoga room, and a shared coworking space on the ground floor. EXHIBIT 3 ANALYSIS OF PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2040 4937-4257-3120 v1 3-2 Policy CDP-4.9: Parking and Driveways. Encourage parking and circulation design that supports pedestrian movement and ensures the safety of all travelers, including locating parking to the side or rear of buildings, limiting driveway cuts and widths, and minimizing large expanses of pavement. Parking should be screened from the street by landscaping and should provide easy access to building entrances. Vehicular access to the parking garage would be provided off 4th Street via a new driveway. Parking would be located in the building and would be screened from public view by the building walls. Policy CDP-4.11: Encourage lighting for safety and security while preventing excessive light spillover and glare. Lighting should complement building and landscape design. The proposed lighting is consistent with the City’s regulations which specify that lighting shall be shielded to conceal light sources from view off-site, avoid spillover onto adjacent properties, and shall be of minimum intensity to provide a sense of security. Section 14.16.227 of the SRMC specifies that the foot-candle intensity should fall below one at the property lines. A photometric study is provided in the project plans that verify compliance with these requirements. In addition, a standard condition of approval is included in the resolution that provides for a 90-day post installation inspection to allow for adjustment and assure compliance with the standards set forth in the SRMC. CONSERVATION AND CLIMATE CHANGE ELEMENT Policy C-2.1: State and Federal Air Quality Standards. Continue to comply with state and federal air quality standards. As demonstrated in the California Environmental Quality Act (CEQA) Class 32 Infill Exemption Memo, the project is below the Bay Area Air Quality Management District’s (BAAQMD) established screening criteria for air quality emissions. Policy C-2.2: Land Use Compatibility and Building Standards. Consider air quality conditions and the potential for adverse health impacts when making land use and development decisions. Buffering, landscaping, setback standards, filters, insulation and sealing, home HVAC measures, and similar measures should be used to minimize future health hazards. Policy C-3.3: Low Impact Development. Encourage construction and design methods that retain stormwater on-site and reduce runoff to storm drains and creeks. The applicant has provided a Stormwater Control Plan, prepared by Luk and Associates, February 2025 (Exhibit 8), which discusses low impact development design strategies. All storm water runoff will be treated by raised flow-through planters at the podium and private patios prior to discharging to the storm drain catch basin on Irwin St that is connected to the existing city’s storm drain system. The storm water control plan is intended to provide the site with runoff treatment to the “maximum extent practicable” per the BASMAA requirement criteria. Policy C-3.9: Water-Efficient Landscaping. Encourage—and where appropriate require—the use of vegetation and water-efficient landscaping that is naturalized to the San Francisco Bay region and compatible with water conservation, fire prevention and climate resilience The project is conditioned to provide written verification of plan approval from Marin Municipal Water District (MMWD) prior to the issuance of a building permit and/or grading permit. MMWD administers the provisions of 14.16.370 to comply with water-efficient landscape requirements and to monitor water usage for irrigation, as mandated under California EXHIBIT 3 ANALYSIS OF PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2040 4937-4257-3120 v1 3-3 goals. Government Code Section 65595(c). As conditioned, the project is consistent with this General Plan policy. NOISE ELEMENT Policy N-1.1: Land Use Compatibility Standards for Noise. Protect people from excessive noise by applying noise standards in land use decisions. The Land Use Compatibility standards in Table 9-2 are adopted by reference as part of this General Plan and shall be applied in the determination of appropriate land uses in different ambient noise environments. Program N-1.1A: Residential Noise Standards. Maintain a maximum noise standard of 70 Ldn DB for backyards, decks, and common/usable outdoor spaces in residential and mixed use areas. As required by Title 24 insulation requirements, interior noise levels shall not exceed 45 Ldn in all habitable rooms in residential units. The project site is located in a “normally acceptable” noise exposure area per General Plan 2040, Figure I-9. Noise was evaluated by the Class 32 Report prepared for the project by Rincon Consultants, Inc (dated May 2025). Conditions of project approval will ensure that the project complies with noise standards during both construction and operation of the project. Policy N-1.2: Maintaining Acceptable Noise Levels. Use the following performance standards to maintain an acceptable noise environment in San Rafael: a. New development shall not increase noise levels by more than 3 dB Ldn in a residential area, or by more than 5 dB Ldn in a non- residential area. b. New development shall not cause noise levels to increase above the “normally acceptable” levels shown in Table 9-2. c. For larger projects, the noise levels in (a) and (b) should include any noise that would be generated by additional traffic associated with the new development. d. Projects that exceed the thresholds above may be permitted if an acoustical study determines that there are mitigating circumstances (such as higher existing noise levels) and nearby uses will not be adversely affected. Program N-1.2A: Acoustical Study Requirements. Require acoustical studies for new single family residential projects within the projected 60 dB Ldn noise contour and for multi-family or mixed use projects within the projected 65 dB Ldn contour (see Figure 9-2). The studies should include projected noise from additional traffic, noise associated with the project itself, and cumulative noise resulting from other approved projects. Mitigation measures should be identified to ensure that noise levels EXHIBIT 3 ANALYSIS OF PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2040 4937-4257-3120 v1 3-4 remain at acceptable levels. MOBILITY ELEMENT Policy M-2.6: Traffic Mitigation Fees. Collect impact fees for new development based on the expected number of trips a project will generate. Fees should be used to implement transportation improvements as directed by City Council resolution. As a standard condition of approval, the project is required to pay a traffic impact fee according to the fee in place at the time of submittal of a complete development. Fees are based on the expected number of peak trips generated. As conditioned, the project is consistent with this General Plan policy. Policy M-3.2: Using VMT in Environmental Review. Require an analysis of projected Vehicle Miles Traveled (VMT) as part of the environmental review process for projects with the potential to significantly increase VMT. As appropriate, this shall include transportation projects and land use/policy plans as well as proposed development projects. An analysis of projected Vehicle Miles Traveled (VMT) for the project is included in the Class 32 Report prepared for the project by Rincon Consultants, Inc (dated May 2025). HOUSING ELEMENT Policy LU-1.3: Land Use and Climate Change. Focus future housing and commercial development in areas where alternatives to driving are most viable and shorter trip lengths are possible, especially around transit stations, near services, and on sites with frequent bus service. This can reduce the greenhouse gas emissions associated with motor vehicle trips and support the City’s climate action goals The proposed project includes new multifamily residential development in Downtown San Rafael in proximity to bus routes and relative proximity to the Downtown San Rafael SMART train station. Policy LU2-2: Mixed Use Development. Encourage mixed-use development (combining housing and commercial uses) in Downtown San Rafael and on commercially designated properties elsewhere in the city. Mixed-use development should enhance its surroundings and be compatible with adjacent properties. The proposed project includes a residential building with 210 residential units with ground floor amenities for residents in Downtown San Rafael. Policy LU-3.3: Housing Mix. Encourage a diverse mix of housing choices in terms of affordability, unit type, and size, including opportunities for both renters and owners. The proposed project includes 210 new residential apartment units. 44 of the residential units would be studios, 70 units would have one bedroom, and 67 units would have two bedrooms, and 29 would have three bedrooms. The project would include 18 residential units that are designated as Below Market Rate (BMR) units. MARIN COUNTY GROUP Protecting the Marin environment since 1968 April 18, 2025 via email: PlanningPublicComment@cityofsanrafael.org Dear San Rafael Planning Commission Members, The Sierra Club Marin Group is writing to urge the San Rafael City Council to support the proposed housing project at 930 Irwin Street. This project furthers the Sierra Club goal of fighting climate change through infill development, by creating housing near transit and jobs, and creating bike and pedestrian first approaches to transportation, as outlined in its Urban Infill Policy: “How we build cities and towns has a profound effect on the causes and impacts of climate change. An essential strategy for reducing urban related carbon emissions is supporting dense, mixed-use communities and land uses that prioritize walking, biking or transit to meet daily transportation needs, as well as balancing jobs and housing within the region.” The 930 Irwin Street project is a prime example of the sort of infill housing development that the Urban Infill Policy encourages. This project places 213 housing units near a Marin County transit hub, one of only 14 transit hubs in the County. We find that this project meets the following guidelines for our urban infill policy. ● Materials and design should optimize energy use, the entire site’s potential, building space and material use, and protect and conserve water and land. ○ This project is the redevelopment of currently developed land. It is far better for the environment to redevelop currently developed land than to expand housing into undeveloped areas. The project will also be built at a Greenpoint Certified Silver level. ● Development should be located near existing transit ○ This project is a short walk to the Downtown San Rafael train station and transit hub, which provides extensive bus service. It’s ideally located for transit. ○ The project also supports active transit. The project is a short ride to the San Rafael bike paths to Larkspur and Novato. These protected, high quality bike paths are ideal for commutes to nearby communities. This project provides secure bike parking for 124 bikes. ● Development should be allowed at the highest densities within walking and bicycling distance of transit stations. • SIERRA CLUB MARIN COUNTY GROUP Protecting the Marin environment since 1968 ○ Given the proximity of this project to a transit hub, high density housing development is appropriate here. ○ We support the current level of parking proposed, and would support reductions in parking. Lower parking availability attracts tenants who prefer transit or walking/biking and reduces traffic levels. ● Every neighborhood should host its fair share of affordable and low-income housing through equitable zoning, regulation, and investment. ○ San Rafael is a high resource area, and we are pleased to see affordable units in this development. This development also includes 2 and 3 bedroom units, making units appropriate for small families. Family sized units are particularly scarce in multi-family developments in Marin. We encourage San Rafael to take advantage of this opportunity to build housing in an environmentally sustainable way. . Best, Shea Putnam Sierra Club Marin Group Chair \b SIERRA CLUB From:Bill Fitzgerald To:Kristina Estudillo Cc: Subject:Prospective 930 Irwin Development Project / Negative Impact to Tenants at 530/532 Third Street Date:Monday, April 28, 2025 3:55:10 PM Attachments:Screenshot 2025-04-27 at 10.40.35 PM.png PastedGraphic-1.png Hi Kristina, It was good talking to you today. As discussed, I’m the co-owner with my sister Kirsten Bartholomew of the mixed-use buildings at 530/532 3rd Street, sharing the property line with the prospective 8-story multifamily residential project at 930 Irwin. As these mixed-use buildings have been in our family for decades, Kirsten and I with our property manager Sarah Jainchill have made it a priority to ensure our tenants live in as pleasant a place as possible. I’m concerned about the prospective 930 Irwin project’s plan to build a 4-story wall / 8-story building directly on top of my tenants living in the 3-units on the property line. Some of the negative impacts I see: 1. Loss of Light and Airflow o A solid 8-story structure against my boundary will block sunlight and airflow, making tenant spaces darker, cooler, and less desirable. 2. Psychological and Aesthetic Impact o A massively tall wall next to my tenants' windows/back doors will create a strong perception of being boxed-in and confined for residents and visitors. 3. Parking o The parking area down the alleyway between my buildings and my neighbor's building is already a challenge with non-resident parking. I expect it will worsen once 210 new residential are added so close, even with the planned 232 additional parking spaces. 4. Tenant Retention / Rent Impacts o This will negatively impact the desirability of living in my buildings. Tenants may not renew leases as their spaces becomes darker, confined, and less pleasant. Please share my concerns with the developer, and if possible schedule a call to discuss. View of Project Plan (my building circled) Rendering of Project —notice the 4-story wall/ 8-story building on top of building with 3 residential units Thank you, Bill Fitzgerald J + $0VTH ELEVATION JiJrh MODERA SAN RAFAEL AJ.4 May 1, 2025 RE: Endorsement of Modera in San Rafael, CA Dear Kristina Estudillo, For over 60 years, Greenbelt Alliance has helped create cities and neighborhoods that make the Bay Area a better place to live—healthy places where people can walk and bike; communities with parks, shops, transportation options; homes that are affordable and resilient to the impacts of climate change. Greenbelt Alliance’s Climate SMART—Sustainable, Mixed, Affordable, Resilient, Transit-Oriented—Development Endorsement Program provides support for projects that advance the right kind of development in the right places. By promoting climate-smart development we can create thriving, resilient neighborhoods with ready access to transit and housing choices for all of the Bay Area’s people. After careful review, Greenbelt Alliance is pleased to endorse the proposed Modera project. Location and Economic Benefits In alignment with San Rafael’s vision for a walkable, revitalized city center, Mill Creek Residential is proposing the Modera project to deliver high-density housing downtown. The 213-unit rental development will be built near the Fourth Street corridor and be a 3 minute walk from the San Rafael Transit Center. There will be easy access to the Sonoma-Marin Area Rail Transit as well as Golden Gate Transit and other bus lines. Flanked by nearby shopping centers, residents will have access to a plethora of grocery and dining options as well as the development’s built-in mixed-use amenities—including co-working spaces, a fitness center, and an elevated garden courtyard. 10%, or approximately 18 units, will be designated as affordable low-income apartments while the rest will remain market rate. Sustainable Development Modera is in line with Greenbelt Alliance’s climate SMART—Sustainable, Mixed, Affordable, Resilient, Transit-Oriented—development criteria in several ways. The project will not only provide affordable units and be transit-oriented but it will also be sustainable: it will be all electric, landscape with drought tolerant plants, include EV charging infrastructure for 40% of parking spaces, and provide 124 bike parking spaces. To address high flood risk in the region and ensure the building’s resilience, the developers elevated the structure in their design to place all building facilities, especially parking, above-ground. ~~~ ..... A. -------------------------------~ "--4 -...fill\ GREENBELT ALLIANCE According to GreenTRIP—a free online tool created by Transform that models traffic and greenhouse gas impacts of residential projects in California— the Modera project development will result in: ● 2,918 fewer miles driven every day compared to the Marin County average. ● 46% fewer GHG impacts every day compared to the Marin County average. ● 80% less parking use every day compared to the Marin County average. Greenbelt Alliance believes the Modera project will provide much needed SMART, high-density housing in San Rafael and we are proud to give this project a conceptual endorsement! We hope its approval will inspire cities in Marin and around the Bay Area to redouble their efforts to grow in more sustainable ways. Sincerely, Andrew Ha State and Regional Resilience Associate Greenbelt Alliance ~~~ ..... A. --------------------------------"'~ "--4 -...fill\ GREENBELT ALLIANCE Subject:Re: Prospective 930 Irwin Development Project / Negative Impact to Tenants at 530/532 Third Street Date:Tuesday, May 6, 2025 3:02:40 PM Hi Kristina, Please share the attached image to developer and add to the Planning Commission agenda packet showing visually in Google Earth how the proposed 86-foot development would impact my apartment building and tenants. Thank you, Bill Fitzgerald On May 5, 2025, at 5:01 PM, Bill > wrote: Subject: Re: Prospective 930 Irwin Development Project / Negative Impact to Tenants at 530/532 Third Street Hi Kristina, Thank you for your quick response and for forwarding my comments to the developer and including them in the Planning Commission’s agenda packet. I appreciate your keeping me informed throughout the process. When you hear back from the developer team, I’d welcome the opportunity to review any feedback they provide. Specifically, I’d be interested in understanding whether they are open to exploring design adjustments or mitigation measures — such as increased setbacks or shadow impact analysis — to lessen the direct impacts on my tenants’ living conditions. Thanks again for your time and assistance. I look forward to hearing from you later this week. Thank you, Bill Fitzgerald On May 5, 2025, at 3:54 PM, Kristina Estudillo <kristina.estudillo@cityofsanrafael.org> wrote: Hi Bill, Thank you so much for connecting and sharing your concerns. I have forwarded to the developer. Your comments will be shared to the record and provided to the Planning Commission in the agenda packet. I will circle back later in the week when I hear back from the developer team. Best, Kristina Estudillo, AICP | City of San Rafael Principal Planner, Community Development Department 1400 5th Avenue San Rafael, CA 94901 (415) 458-5048 <image001.png> From: Bill Fitzgerald Sent: Monday, April 28, 2025 3:55 PM To: Kristina Estudillo <kristina.estudillo@cityofsanrafael.org> Subject: Prospective 930 Irwin Development Project / Negative Impact to Tenants at 530/532 Third Street Hi Kristina, It was good talking to you today. As discussed, I’m the co-owner with my sister Kirsten Bartholomew of the mixed-use buildings at 530/532 3rd Street, sharing the property line with the prospective 8-story multifamily residential project at 930 Irwin. As these mixed-use buildings have been in our family for decades, Kirsten and I with our property manager Sarah Jainchill have made it a priority to ensure our tenants live in as pleasant a place as possible. I’m concerned about the prospective 930 Irwin project’s plan to build a 4-story wall / 8-story building directly on top of my tenants living in the 3-units on the property line. Some of the negative impacts I see: 1. Loss of Light and Airflow o A solid 8-story structure against my boundary will block sunlight and airflow, making tenant spaces darker, cooler, and less desirable. 2. Psychological and Aesthetic Impact o A massively tall wall next to my tenants' windows/back doors will create a strong perception of being boxed-in and confined for residents and visitors. 3. Parking o The parking area down the alleyway between my buildings and my neighbor's building is already a challenge with non-resident parking. I expect it will worsen once 210 new residential are added so close, even with the planned 232 additional parking spaces. 4. Tenant Retention / Rent Impacts o This will negatively impact the desirability of living in my buildings. Tenants may not renew leases as their spaces becomes darker, confined, and less pleasant. Please share my concerns with the developer, and if possible schedule a call to discuss. View of Project Plan (my building circled) <image002.png> Rendering of Project —notice the 4-story wall/ 8-story building on top of building with 3 residential units <image003.png> Thank you, Bill Fitzgerald From:Jenny Silva To:Planning Public Comment Subject:Support for 930 Irwin Housing Project Date:Wednesday, May 7, 2025 5:14:01 PM Attachments:2025-05-01 930 Irwin.pdf Dear San Rafael Planning Commissioners, The Marin Environmental Housing Collaborative (MEHC) urges the San Rafael Planning Commission to approve the 930 Irwin housing project. This project places 213 housing units near a Marin County transit hub, one of only 14 transit hubs in the County. This project meets our project guidelines. Housing affordability: This project provides 18 affordable housing units and 195 apartments to Marin’s housing stock. Apartments are naturally far more affordable than comparable single family homes, the majority of Marin’s housing stock. MEHC would like to find a path for supporting more affordable units in projects like this, while maintaining financial viability. Funding for affordable housing is extremely limited in Marin and financial viability is hard to achieve. Additional funding streams for affordable housing units in Marin would help achieve this goal. This project will have a positive impact on the affordability of Marin’s housing inventory, and we support its approval. Environmental benefits: This project has many environmental benefits. The project will be built at a Greenpoint Certified Silver level. Multi-family buildings offer far superior energy and water efficiency compared to single family homes, ADUs, duplexes and small apartment buildings. This project redevelops currently developed land, which is environmentally preferable to developing new land. The project is ideally located for transit, as it is a short walk to the Downtown San Rafael train station and transit hub, which provides extensive bus service. The project is a short ride to the San Rafael bike paths to Larkspur and Novato. These protected, high quality bike paths are ideal for commutes to nearby communities. This project provides secure bike parking for 124 bikes. We are pleased to learn that the parking is decoupled from units. Equity: San Rafael is a high resource area, and we are pleased to see affordable units in this development. This development also includes 2 and 3 bedroom units, making units appropriate for small families. Family sized units are particularly scarce in multi-family developments in Marin. We encourage San Rafael to approve this project. -- Jenny Silva Executive Director, MEHC HOUSING CRISIS ACTION ...To Create, Build, and Preserve Much -Needed Housing in Marin County May 2, 2025 City of San Rafael Planning Commission Re: 930 Irwin Street Dear Planning Commissioners, On behalf of Housing Crisis Action, a robust network of over 800 Marin County housing advocates and 17 organizations working to tackle our housing crisis, I am writing to express our strong support for the proposed housing development at 930 Irwin Street. This project is a much-needed step forward for our community. By transforming underutilized office space and surface parking into 210 new homes, we are helping to meet the urgent need for housing across all income levels in Marin. These are not just units on paper—they are future homes for individuals, families, and workers who contribute to the vibrancy and sustainability of our county. Importantly, this development exemplifies the County of Marin’s vision to concentrate growth along the Highway 101 corridor, an approach designed to preserve open space and natural lands while promoting smart, transit-accessible development. The location of 930 Irwin Street makes it ideal for reducing vehicle dependence and supporting a more climate-friendly, livable community. This project also aligns with the City of San Rafael’s Downtown Precise Plan, a forward -thinking framework that calls for a more walkable, mixed-use downtown centered around housing, transit, and small business vitality. By adding homes in the downtown core, we can welcome new residents who will bring life to our streets and ongoing support to local shops, restaurants, and cultural amenities. Approving this development sends a strong message that San Rafael is serious about meeting their housing goals. We respectfully urge you to approve the 930 Irwin Street project. Sincerely, The Housing Crisis Action Steering Committee Jeff Bialik Member, Marin Organizing Committee Diana Conti Trustee, College of Marin Larry Kennings Board member, Marin Environmental Housing Collaborative Samina Saude Design Director, San Rafael Jeff Schoppert Lawyer and Housing Advocate, San Rafael Joanne Webster CEO, North Bay Leadership Council Cecilia Zamora Executive Director, Latino Council COALITION MEMBERS Coalition for a Livable Marin Community Land Trust Association of Marin Homeward Bound of Marin League of Women Voters of Marin Legal Aid of Marin Lilypad Homes Marin County Young Democrats Marin Environmental Housing Collaborative Marin Kids Michael Barber Architects North Bay Leadership Council San Geronimo Affordable Housing Association San Rafael Chamber of Commerce Sustainable Marin Sustainable San Rafael United Educators Association for Affordable Housing 1 May 9, 2025 Dear Members of the Planning Commission, The San Rafael Chamber of Commerce is writing to express its support for the Mill Creek housing project located at 930 Irwin. The proposed 210 housing units, including 18 low-income units, will add much-needed new inventory to our local housing supply, thereby increasing affordability across the community. This development is essential for sustaining a vibrant community and enabling our workforce to reside locally. The San Rafael Chamber, representing more than 5,000 businesses in Marin County with over 46,000 employees across 25 industry sectors, has consistently supported policies that increase the number of housing units in the city to bolster and grow the local workforce. Currently, developers often hesitate to build in San Rafael due to existing policies and costs. This project presents an opportunity to change this trend. Approval of this project would provide housing options for young professionals, empty- nesters, and others within walking distance of local shops, restaurants, and amenities. As previously communicated to the Commission, there is an urgent need for new housing in San Rafael. Our workforce is being priced out of the county, and these additional units will help alleviate the constraints on our housing inventory. Beyond this, the location at 930 Irwin is ideal due to its proximity to Highway 101, amenities, downtown, and existing infrastructure. Once completed, this apartment community will align with the city's growth plans by enhancing pedestrian activity around the Fourth Street corridor and future transit center. This is a high-quality project that proposes to replace outdated office buildings with modern housing: • 210 new rental apartments. • Various amenities, including co-working spaces, fitness center, and communal lobby area. • An elevated garden courtyard for residents. • A diverse mix of studio, 1-, 2-, and 3-bedroom apartments. • 10% Below Market Rate units. • Beautification of a prominent pedestrian intersection. The Chamber of Commerce commends Mill Creek for proposing a development that aligns with the neighborhood vision. This space is vital to the economic future of the city, creating an area where the community can live, work, and play. We strongly urge the Planning Commission to approve this application. In service to business and community, Karen Strolia President & CEO San Rafael Chamber of Commerce 2025 Development Pipeline Overview Community & Economic Development Department May 2025 San Rafael – Major Projects Pipeline as of May 2025 North San Rafael 5800 Northgate Dr. Units: 1,422 Stories: 2 – 7 Phase: Building Permit Review (Entitled) 555 Northgate Dr. Units: 200Stories: 7Phase: Formally Submitted 4040 Civic Ctr. Dr. Units: 223Stories: 5 and 7Phase: Formally Submitted 50 Merrydale Rd. Units: 12Stories: 2Phase: Formally Submitted 350 Merrydale Rd. Units: 45Stories: 3 - 4Phase: Entitled 300 Smith Ranch Rd. New multi-purpose building at the Las Gallinas Valley Sanitary DistrictPhase: Predevelopment Downtown (1 of 2) 800 Mission Ave. Aegis Senior Living (assisted living) Units: 103 Stories: 5 Phase: Under Construction 326 Mission Ave Aldersly Senior Living (assisted living) Units: 69 Stories: 1 – 2 Phase: Under Construction 703 3rd St. Units: 120 Stories: 6 Phase: Entitled 1515 4th St. Units: 155 (assisted living) Stories: 7 Phase: Entitled 1230 Fifth Ave. Units: 189 Stories: 12 Phase: Formally Submitted Downtown (2 of 2) 4th St. @ Grand Ave. Units: 35Stories: 6Phase: Formally Submitted 930 Irwin St. Units: 210Stories: 8Phase: Formally Submitted Dominican Valley Units: 50Stories: VariesPhase: Formally Submitted 700 Irwin St. Units: 200Stories: 17Phase: Formally Submitted 1030 3rd St. Units: 131Stories: 8Phase: Formally Submitted Wildcare Center Facilities with new animal hospital, educational, and animal housing facilities.Phase: Building Permit Review Loch Lomond 110 Loch Lomond Dr. Units: 81 Stories: 1 – 2 Phase: Under Construction 25 Loch Lomond Dr. Units: 14 Stories: 3 Phase: Formally Submitted Development Project Pipeline Real Estate Development Process For the purposes of this presentation, major projects are defined as new residential projects over 8 units and large commercial projects that have submitted a formal application seeking City review & permitting. Projects discussed in this presentation are grouped in four general categories based on their pipeline status as of January 2025. Predevelopment Developer has submitted a pre-application stating project intent and forthcoming Planning submission. Fees and rules are vested Developers may seek City staff input on feasibility or project design for compliance with development standards Formally Submitted Planning Permit Application submitted Application requirements: project narrative, project plans, proposals for compliance with affordable housing and density requirements, information for environmental review Entitled Planning regulatory body has approved the project (staff, Planning Commission or Council) Conditions for approval are outlined in the planning approval and environmental review documents Under Construction Developer is taking steps to construct, as indicated by one of the following: Building permit application anticipated or submitted for City review, or physical work has begun on development site Contact Information City of San Rafael, Community and Economic Development Department Micah Hinkle, Director micah.hinkle@cityofsanrafael.org Margaret Kavanaugh-Lynch, Planning Manager Margaret.Kavanaugh-lynch@cityofsanrafael.org Greg Minor, Assistant Director greg.minor@cityofsanrafael.org Stacey Laumann, Economic Development Program Manager stacey.laumann@cityofsanrafael.org; www.cityofsanrafael/GO