HomeMy WebLinkAboutCC Resolution 15445 (38 Mariflores Ave Parking Deck)
RESOLUTION NO. 15445
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING A MAJOR
ENVIRONMENTAL AND DESIGN REVIEW PERMIT WITH AN EXCEPTION TO
SPECIFIED HILLSIDE DEVELOPMENT STANDARDS (ED24-015; EX25-001) AND A
VARIANCE (V25-001) FOR A NEW ATTACHED ELEVATED DECK AND DETACHED
PARKING DECK WITH ASSOCIATED ACCESS PATHS LOCATED AT 38
MIRAFLORES AVENUE
APN: 012-052-04
WHEREAS, on March 21, 2024, Yooju No (Architect) submitted a request for an
Environmental and Design Review Permit and Exception for a proposed detached parking
deck, attached rear deck, and associated access paths and landscaping at 38 Miraflores
Avenue; and
WHEREAS, on December 9, 2024, the application was deemed complete for processing;
and
WHEREAS, on June 24, 2025, the San Rafael Planning Commission held a duly noticed
public hearing on the Project, accepting all oral and written public testimony and the
written report of the Community and Economic Development Department staff
recommending approval to the City Council with one (1) added condition.
NOW THEREFORE BE IT RESOLVED, the City Council approves the Major
Environmental and Design Review (ED24-001), Exception (EX24-003), and Variance
(V25-001) subject to the findings and conditions below.
Findings
CEQA
(PLAN24-042)
Upon review of the application, the Project has been determined to be exempt from the
requirements of the California Environmental Quality Act (CEQA) pursuant to pursuant to
Section 15303 of the CEQA Guidelines (New Construction or Conversion of Small
Structures).
VARIANCE
(V25-001)
A. That because of special circumstances applicable to the property, including size,
shape, topography, location, or surroundings, the strict application of the
requirements of this title deprives such property of privileges enjoyed by other
property in the vicinity and under identical zoning classification;
- 2 -
The Project site has a significant slope starting immediately at the front property
line and extending to the rear. The only existing graded portions of the lot are
limited to the existing primary residence and the access immediately adjacent to
Miraflores Avenue, allowing for no off-street parking areas. The existing residence
is sited towards Miraflores Avenue, which serves as the point of access to the right-
of-way for the Project site. The strict application of the requirements would
preclude the installation of the proposed parking deck at the front and side property
lines that allow for two designated parking spaces immediately accessible from the
road, a use which other properties in the vicinity and in the same zoning
classification currently enjoy.
B. That the variance will not constitute a grant of special privileges inconsistent with
the limitations upon other properties in the vicinity and [the] zoning district in which
such property is situated;
The significant slope and limited grading at the site are unique conditions limited
to properties sited between two separate roads. The construction of a parking deck
as proposed in the Project will not grant special privileges; rather, it will allow this
property to enjoy off-street parking enjoyed by other properties in the same zoning
district.
C. That granting the variance does not authorize a use or activity which is not
otherwise expressly authorized by the zoning regulations for the zoning district in
which the subject property is located;
Accessory structures are permitted on residential properties per San Rafael
Municipal Code (SRMC) Section 14.04.020.
D. That granting the application will not be detrimental or injurious to property or
improvements in the vicinity of the development site, or to the public health, safety,
or general welfare.
The Project has been reviewed by the Building Division and the Fire Department,
and the location and orientation of the parking has been reviewed for safe access
by the Department of Public Works, and as conditioned it will not be a detriment or
injurious to property or improvements in the vicinity of the development site or the
public health, safety or welfare.
- 3 -
ENVIRONMENTAL AND DESIGN REVIEW
(ED24-015)
A. The project design is in accord with the general plan, the objectives of the zoning
ordinance, and the purposes of this chapter:
The Project design is in accord with the general plan, the objectives of the zoning
ordinance and the purposes of San Rafael Municipal Code (SRMC), as the project
is in accord with the Low Density Residential designation in General Plan 2040
and the policies to support residential building in hillside areas (Policy LU-1.8:
Density of Residential Development; Policy CDP-1.3: Hillside Protection; and
Policy C-1.10: Hillside Preservation); the Project is located in the R5 Zoning District
where single-family homes are permitted by right; and the project is being reviewed
in accord with the findings required for an environmental and design review (SRMC
Section 14.25.090) and an exception from the hillside development standards
(SRMC Section 14.12.040).
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 conforms with the property development standards for the R5 zoning
district (SRMC Section 14.04.030) and meets the findings required for exceptions
to the development standards for which the proposed design does not meet for the
Hillside Development Overlay District (SRMC Section 14.12.020). The Project is
consistent with the design review criteria provided in SRMC Section 14.25.050 as
the materials, colors, and overall design are in concert with the existing property
features and the surrounding neighborhood.
C. The project design minimizes adverse environmental impacts:
The proposed structures for the Project will be installed on piers and will not require
additional grading into the hillside.
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 Building Division and the Fire Department,
and the location and orientation of the parking has been reviewed for safe access
by the Department of Public Works, and as conditioned it will not be a detriment or
injurious to property or improvements in the vicinity of the development site or the
public health, safety or welfare.
- 4 -
EXCEPTION (HILLSIDE)
(EX24-003)
A. The project design alternative meets the stated objectives of the hillside design
guidelines to preserve the inherent characteristics of hillside sites, display
sensitivity to the natural hillside setting and compatibility with nearby hillside
neighborhoods, and maintain a strong relationship to the natural setting:
The Project, including the installation of the proposed new structures on piers, will
not result in any additional grading and, as such, will preserve the natural
characteristics of the hillside. The orientation of the parking deck to the front
property line will additionally avoid construction over sloped portions of the
property. The Project will not exceed the maximum height and stepback limitations
for hillside properties.
B. Alternative design solutions which minimize grading, retain more of the project
site in its natural state, minimize visual impacts, protect significant trees, or
protect natural resources result in a demonstrably superior project with greater
sensitivity to the natural setting and compatibility with and sensitivity to nearby
structures.
The Project, including the installation of the proposed new structures on piers, will
not result in any additional grading and, as such, will preserve the natural
characteristics of the hillside. Siting the parking deck immediately at the front
property line will not result in any obstruction of any views from Miraflores Avenue.
The siting of the attached deck to the rear of the residence will not further obstruct
any view from the right-of-way on Miramar Avenue beyond what is already
obstructed by the existing residence.
Conditions of Approval
General Terms and Standard Conditions
The following are general terms and standard conditions that apply to each severable
entitlement of the 38 Miraflores Avenue, hereby the “Project”: Environmental and Design
Review Permit (PLAN24-042; ED24-015, EX24-003, and VAR24-001)
1. For purposes of these Conditions of Approvals, the following terms shall have the
following meanings:
- 5 -
“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 Yooju No, Space/Craft, and/or any successor in interest.
“Property Owner(s)” shall mean Jason Ramil and/or any successor in interest.
“Project” shall mean the 38 Miraflores Avenue Project as approved by the City of
San Rafael as described in the staff report.
“Project Site” shall mean APN 012-052-04.
2. Development of the Project. Development of the Project, defined as the project
plans and supporting documents attached to the June 24, 2025, Planning
Commission staff report (hereinafter the “Plans”), shall be substantially in
conformance with the plans prepared by:
Yooju No, Architect, consisting of 14 plan sheets, received on May 30, 2025
3. 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 .
4. Term of Approval. This Project (PLAN24-042; ED24-015, EX24-003, and VAR24-
001) shall be valid for two years from the date of approval of the City Council and
shall be null and void if a building permit is not exercised or a time extension
granted 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.
- 6 -
5. 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,
reservations, 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.
6. Notice of Fees Protest The applicant may protest any fees, dedications,
reservations, or other exactions imposed by the City as part of the approval or as
a condition of approval of this development. Per California Government Code
Section 66020, this 90-day protest period has begun as of the date of the approval
of this application.
7. 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 wr itten
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.
8. All Third-Party Fees Shall be Paid. Prior to issuance of any/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 p rior to
the issuance of each building permit.
9. 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) 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.
10. Applicant Responsible for Conditions of Approval. The Applicant is responsible for
the conditions of approval. The Applicant shall ensure compliance with all
conditions of approval, including submittal to the Project Planner of required
- 7 -
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.
11. 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.
12. 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.
13. 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 June 24, 2025 and as presented in the 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 -042; ED24-015, EX24-003,
and VAR24-001), as applicable.
14. 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.
15. 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
- 8 -
their application to other actions related to the Project, shall continue in full force
and effect unless amended or modified by the City.
16. 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.
17. 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.
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 max 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.
- 9 -
18. 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.
19. 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 descript ion, (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.
20. 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 the
- 10 -
Department of Public Works’ Transportation Permit process and shall comply with
the City of San Rafael Municipal Code Chapter 5.52.
21. 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 a 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.
22. 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:
- 11 -
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 descendants of the
deceased Native American.
iii. The most likely descendant 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 the most likely descendant, or the most likely
descendant 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.
23. 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 projec t 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.
24. 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
- 12 -
construction contractor shall notify the Director of the 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.
25. Construction Management Plan. The applicant shall submit a Construction
Management Plan (CMP) for review and approval by the Director of the
Community and Economic Development Department and the Director of Public
Works prior to issuance of a building or grading permit. The construction
management plan shall address at a minimum the following:
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 the contractor, property
owner, and 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 the
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 the 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.
- 13 -
f. A screened security fence approved by the Director of the 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 conflicts 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 the Community
and Economic Development Department.
i. Mass grading shall occur between April 15 and 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 the location of construction trailers shall be on -site,
unless otherwise approved by the Chief Building Official.
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
26. 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 t o 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
are aware of the conditions of approval.
27. Landscaping Shall Be Maintained. All landscaping included in this project approval
shall be maintained in good condition in perpetuity, and any dead or dying plants,
bushes, or trees shall be replaced with new healthy stock of a size compatible with
the remainder of the growth at the time of replacement to the satisfaction of the
Director.
28. Landscaping and irrigation plans shall comply with Marin Municipal Water District's
(MMWD) water conservation rules and regulations. The project must meet the
Marin Municipal Water District's (MMWD) water conservation rules and
- 14 -
regulations. For projects that are required to provide a water-efficient landscape
pursuant to Section 14.16.370 of the San Rafael Municipal Code, the applicant
shall prepare a landscape plan and supportive materials that comply with the Marin
Municipal Water District (MMWD) Ordinance No. 414 and future amendments as
adopted. Prior to the issuance of a grading permit, the applicant shall provide
written verification of plan approval from MMWD.
29. Mechanical Equipment to be Screened. All mechanical equipment (i.e., air
conditioning units, meters, and transformers) and appurtenances not entirely
enclosed within the structure (on the side of the building or the roof) shall be
screened from public view. The method used to accomplish the screening shall
be indicated on the building plans and approved by the Planning Division prior to
issuance of a building permit.
30. Exterior Lighting. All exterior lighting shall be energy efficient where feasible , and
shielded and directed downward and away from property lines to prevent
excessive glare beyond the subject property.
31. Conditions Shall be Printed on Plans. The conditions of this Permit shall be printed
on the second sheet of each plan set submitted for a building permit. Additional
sheets may also be used if the second sheet is not of sufficient size to list all of the
conditions. The sheet(s) containing the conditions shall be of the same size as
those sheets containing the construction drawings; 8-1/2” by 11” sheets are not
acceptable.
32. Applicant Responsible for Compliance with Conditions. The applicant shall ensure
compliance with all of the following conditions, including submittal to the project
planner of required approval signatures at the times specified. Failure to comply
with any condition may result in construction being stopped, issuance of a citation,
and/or modification or other remedies.
33. Plans and Representations Become Conditions. All information and
representations, whether oral or written, including the building techniques,
materials, elevations and appearance of the project, as presented at the Planning
Commission meeting dated January 28, 2025, 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 Environmental and Design
Review Permit.
34. Subject to All Applicable Laws and Regulations. The project is subject to, and shall
comply with, all applicable City Ordinances and laws and regulations of other
governmental agencies. Prior to any construction, the applicant shall identify and
- 15 -
secure all applicable permits from the Planning and Building Divisions, Public
Works Department, and other affected City divisions and departments.
35. Consultation with the Department of Public Works (DPW). The condition was
created at the Planning Commission hearing. Applicant to consult with DPW
to confirm the location of the existing retaining walls at the northwest of the
property and coordinate with DPW as necessary if located in the right -of-
way.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a regular meeting of the City
Council of the City of San Rafael, held on Monday, the 21st day of July 2025, by the
following vote, to wit:
AYES: Councilmembers: Bushey, Hill, Kertz & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Llorens Gulati
________________
Lindsay Lara, City Clerk