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HomeMy WebLinkAboutPlanning Commission 2025-11-04 Agenda Packet (Special) Planning Commission Special Meeting Tuesday, November 4, 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: https://cityofsanrafael-org.zoom.us/j/82564431007 Watch on YouTube: http://www.youtube.com/cityofsanrafael Listen by phone: 1 (669) 444-9171 Webinar ID: 825 6443 1007 One Tap Mobile: US: +16694449171,, 82564431007# 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 2-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 two 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 2 The Consent Calendar allows the Commission to take action, without discussion, on Agenda items for which there are no persons present who wish to speak, and no Commission members who wish to discuss. 1. None G. ACTION ITEMS 1. 350 Merrydale Road and 3833 Redwood Highway (APNs 179-041-27 and 179- 041-28) – Review the City of San Rafael’s potential acquisition of the property for an interim shelter for unhoused residents and a permanent affordable housing development for conformity with the City of San Rafael’s General Plan per California Government Code 65402. Project Planners: Greg Minor, Assistant Director, greg.minor@cityofsanrafael.org and Kristina Estudillo, Principal Planner, Kristina.estudillo@cityofsanrafael.org Recommended Action – Adopt a resolution finding that the acquisition of the property at 350 Merrydale Road and 3833 Redwood Highway conforms with the City of San Rafael’s General Plan. H. DIRECTOR’S REPORT 1. None I. COMMISSION COMMUNICATION J. 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 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 Community and Economic Development Department Meeting Date: November 4, 2025 Agenda Item: G (1) Case Number: Project Planner: Kristina Estudillo, Principal Planner Greg Minor, Assistant Director REPORT TO PLANNING COMMISSION SUBJECT: 350 Merrydale Road and 3833 Redwood Highway – Reporting on the Conformity with the City’s General Plan for the City’s property acquisition of 350 Merrydale Road and 3833 Redwood Highway APN(s): 179-041-27 and 179-041-28 for Interim Shelter, including a Low Barrier Navigation Center, and Affordable Housing Development. Zoning District: Planned Development District (PD) Applicant: City of San Rafael; CEQA Determination: Not Applicable to a Conformity Report EXECUTIVE SUMMARY As part of a collaboration between the County of Marin and the City of San Rafael (City) to address homelessness and the lack of affordable housing, the City is planning to acquire a 2.5-acre property at 350 Merrydale Road and 3833 Redwood Highway (the Property) to serve as an interim shelter, including a Low Barrier Navigation Center, (“Interim Shelter”) for up to 65 unhoused individuals on a temporary basis followed by a permanent affordable housing development of at least 80 units. The Property was last used as an adult school serving approximately 100 individuals but the Property has been vacant for the last five years. In 2020 the property owners received land use approvals for 45 for sale townhomes but the property owner did not proceed with construction activities and earlier this year the property owner placed the Property for sale. California Government Code Section 65402 requires that the acquisition of real property by a public entity be submitted to and reported upon by the applicable Planning Agency as to conformity with the jurisdiction’s adopted General Plan. The City is considering acquisition of the Property. The Planning Commission serves as the City’s Planning Agency. Accordingly, staff recommend that the Planning Commission adopt the proposed resolution reporting that the City’s acquisition of 350 Merrydale Road and 3833 Redwood Highway conforms with the City’s adopted General Plan. 2 RECOMMENDATION Staff recommend that the Planning Commission adopt the proposed resolution reporting that the City’s acquisition of 350 Merrydale Road and 3833 Redwood Highway conforms with the City’s adopted General Plan. 3 PROPERTY FACTS Address/Location: 350 Merrydale Road and 3833 Redwood Highway Parcel Number(s): 179-041-27 and 179-041-28 Property Size: 2.5 acres Neighborhood: Terra Linda Site Characteristics General Plan Designation Zoning District Existing Land-Use Project Site: Community Commercial Mixed Use (GC) Planned Development District (PD) Educational North: Office Mixed Use (OMU) Planned Development District (PD) Commercial South: High Density Residential (HR) and Community Commercial Mixed Use (GC) High Density Residential (HR) and General Commercial (GC) Residential and Commercial East: US 101 Highway US 101 Highway US 101 Highway West: Low Density Residential (LDR) Single-Family Residential (R7.5) Residential Site Description/Setting: The property at 350 Merrydale Road is approximately 2.5 acres of land located just west of the US Highway 101 transportation corridor in northern San Rafael, approximately two miles north of downtown. The property has two physical addresses: 350 Merrydale Road and 3833 Redwood Highway, San Rafael. The property is recorded by the Marin County Assessor as Assessor’s Parcel Numbers (APN) 179-041-27 and 179-041-28. The property is zoned Planned Development (PD) District under the City’s zoning ordinance and currently consists of three single-story buildings, most recently occupied by an adult school. The buildings are separated by small courtyards and surrounded by an asphalt- surfaced parking lot. In terms of surrounding land uses, commercial businesses adjoin the property to the north and south; a residential apartment building also adjoins to the south, along Merrydale Road. A residential subdivision is to the west across Merrydale Road and the US Highway 101 corridor neighbors the site to the east. The property is approximately half a mile from the Sonoma-Marin Area Rail Transit (SMART) Marin Civic Center Station. The property is highlighted below in red in Figure 1. 4 Figure 1 – Vicinity Map PROJECT DESCRIPTION The proposed acquisition of the Property would be for use as an Interim Shelter and subsequent development of a permanent affordable housing development as outlined below: • Interim Shelter Operations o The Interim Shelter will operate until June 30, 2027. o Operation of the Interim Shelter may be extended for two one-year extensions, until June 30, 2029, if there is funding available. Closure of the Interim Shelter will be no later than June 30, 2029. o Maximum of 65 individuals will be served at any one time. Through program attrition and contingent upon available funding, no more than 70 unique individuals may be eligible to participate in the program with priority placement given in this order; (1) current Sanctioned Camping Area participants, (2) Andersen Road Encampment; (3) other encampments in the City of San Rafael. o No new entries within one year of anticipated closure unless adequate funding is secured. • Affordable Housing Development o City plans to entitle property for at least 80 units of affordable housing by June 30, 2028. 5 ANALYSIS Implementing an Interim Shelter for homeless residents and facilitating an affordable housing development at the Property will advance many of the City’s General Plan policies and housing goals as demonstrated in detail in Attachment 1: General Plan 2040 Conformity Analysis. For instance, by situating housing near transit and civic resources, such as the Marin Civic Center SMART station and the Marin County Civic Center, the project conforms with the General Plan’s Land Use, Neighborhoods, Conservation and Climate Change, Mobility, and Housing Elements, including Policy LU-1.3: Land Use and Climate Change, Policy NH-4.10: Merrydale Area, Policy C-2.3: Improving Air Quality Through Land Use and Transportation Choices, Policy M-6.1: Encourage Walking and Cycling, and Policy H-3.5: Housing and Greenhouse Gas Emissions. Similarly, an interim shelter for unhoused residents and a subsequent affordable housing development responds to the diverse housing needs of San Rafael residents, which furthers multiple General Plan policies, including Policy LU-2.12: Innovative Housing Types, Policy LU-3.3: Housing Mix, Policy NH-4.1: North San Rafael, Policy H- 4.1: Equitable Distribution of Affordable Housing, Policy H-4.4: Affordability of Projects on Public Land, and Policy EDI-3.2: Affordable Housing Development. Moreover, the Property is designated as Community Commercial Mixed Use on the General Plan 2040 Land Use Map, which allows for residential and commercial uses, including a mix of housing, office, retail, service, and public land uses. Furthermore, the Property is listed in General Plan Appendix A: Development Pipeline – Entitled Projects of the San Rafael Housing Element and identified for future residential development. Consequently, the project’s development of housing onsite conforms with the General Plan Land Use Map and Housing Element. Additionally, the site has a Planned Development (PD) zoning classification that permits all land uses set forth in the High Density Residential (HR1) District land use classification as contained in Zoning Ordinance (SRMC 14.04.020). Both multifamily residential and interim shelters, such as an emergency shelter or a low barrier navigation center for unhoused community members are allowable uses in the HR zoning district. Government Code Section 65662 provides that a Low Barrier Navigation Center is a use by right in areas zoned for mixed use and nonresidential zones permitting multifamily uses. Accordingly, the acquisition for the purposes of Interim Shelter and permanent affordable housing development conform with the existing PD zoning classification. Finally, development of the Property will be subject to applicable City development standards at the time of application submission. 6 ENVIRONMENTAL REVIEW A conformity report required by Government Code Section 65402 is not a project within the definition of project as defined by the Public Resources Code Section 21065. (See CEQA Guideline 15378(b)(2),(4),(5)). This conformity report neither approves nor disapproves any project, but rather simply renders an analysis and conclusion regarding whether the purpose of the acquisition conforms with the City’s General Plan. RECOMMENDATION Staff recommend that the Planning Commission adopt the proposed resolution reporting that the City’s acquisition of 350 Merrydale Road and 3833 Redwood Highway conforms with the City’s adopted General Plan. ATTACHMENTS 1: General Plan 2040 Conformity Analysis 2: Resolution Attachment 1 General Plan 2040 Conformity Analysis 350 Merrydale LAND USE ELEMENT Policy LU-1.2: Development Timing For health, safety, and general welfare reasons, new development should only occur when adequate infrastructure is available, consistent with the following findings: • The project is consistent with adopted Vehicle Miles Traveled (VMT) standards, as well as the requirements for Level of Service (LOS) specified in the Mobility Element. • Planned circulation improvements necessary to meet City standards for the project have funding commitments and completed environmental review. • Water, sanitary sewer, storm sewer, and other infrastructure improvements needed to serve the proposed development have been evaluated and confirmed to be in place or to be available to serve the development by the time it is constructed. • The project has incorporated design and construction measures to adequately mitigate exposure to hazards, including flooding, sea level rise, and wildfire. Conforms. The City proposes to acquire the property at 350 Merrydale (“Property”) and no development is proposed at this time. Future development at the site was anticipated by the General Plan and it was determined by the General Plan EIR that the existing circulation network would be adequate to serve the Property. The Property would be served by public utilities for water, sanitary sewer, stormwater and other infrastructure. Any development would not be exposed to risks related to sea level rise or wildfire, and flooding would be addressed through the building permit process. While project specific details are not available at this time, the 2040 General Plan evaluated future residential development at the site at a maximum net density of 21.8-43.6 units/net acre and anticipated the future development of the site with a 45-unit townhome project and therefore the proposed acquisition conforms with this policy. 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. Conforms. The Property is located in a central area near transit stations with frequent bus service and is located close to the Marin Civic Center Sonoma-Marin Area Rail Transit (SMART) station. SMART provides service from Larkspur to the Sonoma County Airport. This Property allows for future housing in an area with alternatives to driving and therefore conforms with this policy. Policy LU-1.8: Density of Residential Development. Use the density ranges in the Land Use Element to determine the number of housing units allowed on properties within the Planning Area. The following provisions Conforms. The land use designation for the site is Community Commercial Mixed Use, which allows for 21.8 to 43.6 units per net acre and a maximum commercial FAR of 0.3. While project specific details are not available at this time, the 2040 General Plan evaluated future residential development at the site at a maximum net density of 21.8-43.6 units/net acre and anticipated the future development of the site with a 45-unit townhome project. Based on the size of the site (2.29 acres) and the maximum net density (21.8-43.6 units/net acre), site is anticipated to accommodate 50-100 units. Future development would be required to comply with the density standard contained in the General Plan and State Density Bonus law and therefore the proposed acquisition conforms with this policy. Attachment 1 General Plan 2040 Conformity Analysis 350 Merrydale apply: • The density “range” includes a maximum and minimum. A given General Plan designation may have multiple corresponding zoning districts, including at least one district in which the maximum density may be achieved. Other zoning districts may have maximum densities that are less than the maximum indicated by the General Plan • Calculation of allowable units shall be rounded to the nearest whole number. Where the number is less than 0.5, it shall be rounded down. Where the number is 0.5 or greater, it may be rounded up. • The number of units permitted on a given parcel may be affected by site resources and constraints, potentially hazardous conditions, climate- related factors (sea level rise, fire hazards, etc.), traffic and access • (including wildfire evacuation constraints), the adequacy of infrastructure, City design policies, and prevailing densities in adjacent areas. o The maximum net density shown on the General Plan excludes density bonuses that may be provided for affordable housing or other community benefits, in accordance with State law and local policies. • As required by State law, an accessory dwelling unit (ADU) or junior ADU shall not be counted as a dwelling unit for the purposes of calculating net density • Areas in the “Downtown Mixed Use” General Plan category shall be exempt from the requirements of this policy and are instead subject to standards defined by the Downtown Precise Plan. Program LU-1.8B: Minimum Densities. The net density of new development shall be no less than the lower end of the density range specified by the General Plan for that property. Policy LU-1.10: Intensity of Non-Residential Development. Use the Floor Area Ratio limits on Figure 3-2 to determine the square footage of building space allowed on properties with non-residential General Plan designations. The following provisions apply: • As with density, FAR is calculated on a “net” basis, and is based on the area of each parcel excluding streets and easements. Attachment 1 General Plan 2040 Conformity Analysis 350 Merrydale • The maximum FAR stated by the General Plan is not guaranteed. The square footage permitted on a given parcel may be affected by site resources and constraints, potentially hazardous conditions, climate- related factors (sea level rise, fire hazards, etc.), traffic and access • (including wildfire evacuation constraints), the adequacy of infrastructure, and City design policies. • The maximum FARs shown in Figure 3-2 exclude any residential development on the property. In the event that residential uses or mixed use projects are proposed on these sites, the maximum area is the sum of the FAR allowance plus the residential density allowance for the property. This Clause does not apply to Downtown San Rafael, which is regulated by the Downtown Precise Plan. Policy LU-1.15: Planned Development Zoning. Encourage the use of Planned Development (PD) zoning for development on parcels greater than five acres when the application of traditional zoning standards would make it more difficult to achieve General Plan goals. The PD zoning designation allows flexible design standards that are more responsive to site conditions as well as the transfer of allowable General Plan and zoning density between contiguous sites under common ownership. Conforms. The Property is zoned PD District and therefore conforms with this policy. Policy LU-1.17: Building Heights. Use General Plan Figures 3-3 and 3- 4 as the basis for determining “baseline” maximum building heights in San Rafael. Maximum heights should continue to be codified through zoning and any applicable Specific Plans or Precise Plans. In addition, the following specific provisions related to building heights shall apply: • Height of buildings existing or approved as of January 1, 1987 shall be considered as conforming to zoning standards. Hotels outside of the Downtown Precise Plan boundary have a 54-foot height limit. Within Downtown, the height provisions of the Downtown Precise Plan apply (see Figure 3-4). • As provided for by Policy LU-1.18, “baseline” building heights are subject to height bonuses where specific community benefits are provided, where a Variance or zoning exception is granted, or Conforms. Future development would be evaluated through the planning process and would be required to comply with applicable General Plan standards pertaining to height and State Density Bonus law, if applicable. Therefore, the proposed acquisition conforms with this policy. Attachment 1 General Plan 2040 Conformity Analysis 350 Merrydale where a Transfer of Development Rights (TDR) is being implemented. • Heights may be increased by up to six (6) feet above the baseline building heights as necessary to mitigate the exposure of properties to sea level rise and other flooding hazards (e.g., raising the first floor of habitable floor space above anticipated tidal flood elevations). Policy LU-2.12: Innovative Housing Types. Encourage non-traditional and innovative forms of housing that respond to local housing needs, changing demographics, high housing costs, remote work trends, and sustainability goals. Conforms. Future development of this Property responds to the needs of San Rafael’s unsheltered population through temporary housing and access to services. Policy LU-3.2: New Development in Residential Neighborhoods. Preserve, enhance, and maintain the residential character of neighborhoods to keep them safe, desirable places to live. New development, redevelopment of existing buildings, and land use changes within and adjacent to residential areas should: • Enhance neighborhood image and design quality • Incorporate sensitive transitions in height and setbacks from adjacent properties • Preserve historic, unique, and architecturally significant structures • Respect and enhance natural features and terrain • Reduce exposure to hazards, including limited emergency vehicle access • Include amenities such as sidewalks, pathways, trees, and other landscape improvements • Maintain or enhance infrastructure service levels • Meet expected parking demand • Minimize reduction of views, privacy, and solar access for neighboring properties Conforms. The Property is designated Community Commercial Mixed Use (21.8-43.6 units/net acre; maximum FAR 0.3), which anticipates future residential development. No development is proposed at this time, however, the future residential development would be evaluated through the planning process to ensure the future development complies with applicable development standards, including height, setbacks, parking, affordable housing, and environmental protection measures such as setbacks to creeks and landscaping requirements. Therefore, the acquisition conforms with this policy. 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. Conforms. Acquisition of the Property for use as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development conforms with this policy. Attachment 1 General Plan 2040 Conformity Analysis 350 Merrydale Policy LU-3-4: Property Maintenance. Require owners to maintain their properties in good condition and appearance and to eliminate unsafe and unhealthy conditions. Conforms. The City of San Rafael proposes to acquire the property for use as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development. The City is proposing to acquire the property and would ensure the property is maintained in good condition and appearance. Therefore, the acquisition conforms with this policy. Attachment 1 General Plan 2040 Conformity Analysis 350 Merrydale Policy LU-3.4B: Conditions of Approval. Use the development review process to establish conditions of approval, including maintenance of landscaping and other improvements. Use building inspection and code enforcement processes to ensure that these conditions and other mitigation or monitoring responsibilities are carried out. Conforms. The City of San Rafael proposes to acquire the property for use as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development. No development is proposed at this time, however, the future residential development would be evaluated through the planning process to ensure the future development complies with requirements for stormwater facilities operations and maintenance, and waste and recycling maintenance for commercial and residential uses. Therefore, the acquisition conforms with this policy. NEIGHBORHOODS ELEMENT Policy NH-4.1: North San Rafael. Maintain North San Rafael’s character as an attractive, suburban community with a strong sense of community identity and easy access to well-managed open space and parks, convenient shopping and services, and excellent schools. The City is committed to protecting and restoring North San Rafael’s natural environment, investing in multi-modal transportation improvements that make it easier to get around, creating new gathering places and activity centers, sustaining business vitality, and creating new housing options that respond to diverse community needs. Plans for North San Rafael need to recognize that this is a distinct and unique part of San Rafael. Standards for density, design, traffic, and parking shall be tailored to reflect local context. North San Rafael residents will be invited to have a voice at the citywide level and be directly involved in shaping decisions about the future of their community. Conforms. The City of San Rafael proposes to acquire the property for use as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development. No development is proposed at this time, however, the future residential development would be evaluated through the planning process to ensure the future development complies with this policy. Therefore, the acquisition conforms with this policy. Policy NH-4.9: Neighborhood Character. Strengthen Rafael Meadows and Redwood Village as attractive low to moderate density neighborhoods. Improve connectivity between these neighborhoods and nearby amenities, such as the Civic Center SMART station, the Marin Civic Center, and the North San Rafael Town Center, particularly for local pedestrians and cyclists. Conforms. The Property is planned to be used as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development, which would provide housing in close proximity to the Civic Center SMART station, the Marin Civic Center, and the North San Rafael Town Center, particularly for local pedestrians and cyclists. Policy NH-4.10: Merrydale Area. Encourage attractive, productive land uses along Merrydale Road and Redwood Highway, including housing, commercial, and office uses near the Civic Center SMART station. Any development in this area should have a cohesive and positive impact on North San Rafael, maintain local quality of life, and be compatible with adjacent lower density residential uses. Conforms. The Property is planned to be used as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development, which would provide housing in close proximity to the Civic Center SMART station, the Marin Civic Center, and the North San Rafael Town Center. No development is proposed at this time, however, the future residential development would be evaluated through the planning process to ensure the future development complies with this policy. Therefore, the acquisition conforms with this policy. Attachment 1 General Plan 2040 Conformity Analysis 350 Merrydale COMMUNITY DESIGN AND PRESERVATION ELEMENT Policy CDP-1.2: Natural Features. Recognize and protect the key natural features that shape San Rafael’s identity, including the Bay, local hills and ridgelines, creeks and wetlands, tree cover, and views of Mt. Tamalpais and other natural landmarks. Height limits and other building standards should respect San Rafael’s natural topography and reinforce its sense of place, including the character and boundaries of individual neighborhoods. Conforms. The Property would be used as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development. No development is proposed at this time and future development would be required to comply with the applicable standards contained in the General Plan. The Property is located in an urbanized area, surrounded by existing development of varying scale and intensity While distant hillsides are visible from locations surrounding the Property, there are no unique visual features or scenic resources available at the Property. No development is proposed at this time; however, the future residential development would be evaluated through the planning process to ensure site design elements are designed in accordance with what is appropriate and required for the property and surrounding area. Therefore, the proposed acquisition conforms with these policies. Policy CDP-1.5: Views. Respect and enhance to the greatest extent possible, views to the Bay and its islands; wetlands, marinas, and canal waterfront; hillsides and ridgelines; Mt. Tamalpais; Marin Civic Center; and St. Raphael’s bell tower; as seen from streets, parks, and public pathways. Program CDP-1.5A: Evaluating View Impacts. Consider the impact of proposed development on views, especially views of Mt Tamalpais and nearby ridgelines. Where feasible, new development should frame views of ridges and mountains and minimize reduction of views, privacy, and solar access. 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 Attachment 1 General Plan 2040 Conformity Analysis 350 Merrydale expanses of pavement. Parking should be screened from the street by landscaping and should provide easy access to building entrances. Policy CDP-4.10: Landscape Design. Encourage—and where appropriate require—privately owned and maintained landscaping that conserves water, contributes to neighborhood quality, complements building forms and materials, improves stormwater management and drainage, and enhances the streetscape. Natural elements such as plants should be an integral part of site development and should enhance the built environment while supporting water conservation goals. Policy CDP-4.11: Lighting. Encourage lighting for safety and security while preventing excessive light spillover and glare. Lighting should complement building and landscape design. Policy CDP-5.13: Protection of Archaeological Resources. Protect significant archaeological resources by: • Consulting the City’s archaeological resource data base prior to issuing demolition or construction permits in known sensitive areas. • Providing information and direction to property owners to make them aware of these resources and the procedures to be followed if they are discovered on-site. • Identifying, when possible, archaeological resources and potential impacts on such resources. • Implementing measures to preserve and protect archaeological resources, including fines and penalties for violations. Conforms. The City plans to use the Property as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development. No development is proposed at this time and future development would be required to comply with the applicable standards contained in the General Plan. Should it be required when a development is proposed, the City of San Rafael would consult with representatives of the Federated Indians of Graton Rancheria (FIGR) and therefore, the acquisition is consistent with this policy. Policy CDP-5.14: Tribal Cultural Resources. Coordinate with representatives of the Native American community to protect historic Attachment 1 General Plan 2040 Conformity Analysis 350 Merrydale Native American resources and raise awareness of San Rafael’s Native American heritage. CONSERVATION AND CLIMATE CHANGE ELEMENT Policy C-1.15: Landscaping with Appropriate Naturalized Plant Species. Encourage landscaping with native and compatible non-native plant species that are appropriate for the dry summer climate of the Bay Area, with an emphasis on species determined to be drought-resistant. Diversity of plant species is a priority for habitat resilience. Conforms. The City plans for the Property to be used as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development. No development is proposed at this time and future development would be required to comply with the applicable standards contained in the General Plan. Therefore, the acquisition conforms with this policy. Policy C-1.19: Light Pollution. Reduce light pollution and other adverse effects associated with night lighting from streets and urban uses. Policy C-2.2: Land Use Compatibility and Building Standards. Attachment 1 General Plan 2040 Conformity Analysis 350 Merrydale 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-2.3: Improving Air Quality Through Land Use and Transportation Choices. Recognize the air quality benefits of reducing dependency on gasoline- powered vehicles. Implement land use and transportation policies, supportable by objective data, to reduce the number and length of car trips, improve alternatives to driving, reduce vehicle idling, and support the shift to electric and cleaner-fuel vehicles. Program C-2.3A: Air Pollution Reduction Measures. Implement air pollution reduction measures as recommended by BAAQMD’s Clean Air Plan and supporting documents to address local sources of air pollution in community planning. This should include Transportation Control Measures (TCM) and Transportation Demand Management (TDM) programs to reduce emissions associated with diesel and gasoline- powered vehicles. Policy C-2.4: Particulate Matter Pollution Reduction. Promote the reduction of particulate matter from roads, parking lots, construction sites, agricultural lands, wildfires, and other sources. Policy C-3.2: Reduce Pollution from Urban Runoff. Require Best Management Practices (BMPs) to reduce pollutants discharged to storm drains and waterways. Typical BMPs include reducing impervious surface coverage, requiring site plans that minimize grading and disturbance of creeks and natural drainage patterns, and using vegetation and bioswales to absorb and filter runoff. 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. Policy C-3.8: Water Conservation. Encourage water conservation and increased use of recycled water in businesses, homes, and institutions. Local development and building standards shall require the efficient use Attachment 1 General Plan 2040 Conformity Analysis 350 Merrydale of water. 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 goals. Policy C-4.2: Energy Conservation. Support construction methods, building materials, and home improvements that improve energy efficiency in existing and new construction. Policy C-4.2B: Green Building Standards. Implement State green building and energy efficiency standards for remodeling projects and new construction. Consider additional measures to incentivize green building practices, low carbon concrete, and sustainable design. Policy C-4.5: Resource Efficiency in Site Development. Encourage site planning and development practices that reduce energy demand and incorporate resource- and energy-efficient infrastructure. Policy C-5.2: Consider Climate Change Impacts. Ensure that decisions regarding future development, capital projects, and resource management are consistent with San Rafael’s CCAP and other climate goals, including greenhouse gas reduction and adaptation. PARKS, RECREATION, AND OPEN SPACE ELEMENT Policy PROS-1.13: Recreational Facilities in Development Projects. Encourage, and where appropriate require, the construction of on-site recreational facilities in multi-family, mixed use, and office projects to supplement the facilities available in City parks. Conforms. Acquisition of the Property is for use as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development. No development is proposed at this time and future development may consider including on- site recreational facilities. Therefore, the acquisition conforms with this policy. SAFETY AND RESILIENCY ELEMENT Policy S-2.1: Seismic Safety of New Buildings. Design and construct all new buildings to resist stresses produced by earthquakes. The minimum level of seismic design shall be in accordance with the most recently adopted building code as required by State law. Conforms. No development is proposed at this time. Future development would be required to be designed and constructed in accordance with the recommendations of the Geotechnical Investigation and the applicable requirements of the California Building Code, San Rafael General Plan Attachment 1 General Plan 2040 Conformity Analysis 350 Merrydale Program S-2.1B: Geotechnical Review. Continue to require soil and geologic hazard studies and peer review for proposed development as set forth in the City’s Geotechnical Review Matrix. These studies should determine the extent of geotechnical hazards, optimum design for structures and the suitability and feasibility of proposed development for its location, the need for special structural requirements, and measures to mitigate any identified hazards. Periodically review and update the Geotechnical Review Matrix to ensure that it supports and implements the Local Hazard Mitigation Plan by identifying potentially hazardous areas. Consider removing the procedures from the General Plan and instead adopting them as part of the Zoning Ordinance or through a separate resolution. 2040, and San Rafael Municipal Code. A Design-Level Geotechnical Report will be required prior to the issuance of grading or building permits. Therefore, the acquisition conforms with this policy. Policy S-2.5: Erosion Control . Require appropriate control measures in areas susceptible to erosion, in conjunction with proposed development. Erosion control measures should incorporate best management practices (BMPs) and should be coordinated with requirements for on-site water retention, water quality improvements, and runoff control. Conforms. No development is proposed at this time. Future development would be required to prepare a Stormwater Pollution and Prevention Plan (SWPPP) to ensure address erosion impacts during the construction period. Similarly, preparation of a Stormwater Control Plan that describes how runoff will be routed to Low Impact Development (LID) stormwater treatment facilities during operation of the project will also be required. Therefore, the acquisition conforms with these policies. Program S-2.5A: Erosion and Sediment Control Plans. Require Erosion and Sediment Control Plans (ESCPs) for projects meeting the criteria defined by the Marin County Stormwater Pollution Prevention Program, including those requiring grading permits and those with the potential for significant erosion and sediment discharges. Projects that disturb more than one acre of soil must prepare a Stormwater Pollution Prevention Plan, pursuant to State law. Program S-2.5B: Grading During the Wet Season. Avoid grading during the wet season due to soil instability and sedimentation risks, Attachment 1 General Plan 2040 Conformity Analysis 350 Merrydale unless the City Engineer determines such risks will not be present. Require that development projects implement erosion and/or sediment control measures and runoff discharge measures based on their potential to impact storm drains, drainageways, and creeks. Policy S-3.8: Storm Drainage Improvements. Require new development to mitigate potential increases in runoff through a combination of measures, including improvement of local storm drainage facilities. Other measures, such as the use of porous pavement, bioswales, and “green infrastructure” should be encouraged. Program S-3.8A: Storm Drainage Improvements. Consistent with Countywide and regional stormwater management programs, require new development with the potential to impact storm drainage facilities to complete hydrologic studies that evaluate storm drainage capacity, identify improvements needed to handle a 100-year storm, and determine the funding needed to complete those improvements. MOBILITY ELEMENT Policy M-2.5: Traffic Level of Service. Maintain traffic level of service (LOS) standards that ensure an efficient roadway network and provide a consistent basis for evaluating the transportation effects of proposed development projects on local roadways. These standards shall generally be based on the performance of signalized intersections during the AM and PM peak hours. Arterial LOS standards may be used in lieu of (or in addition to) intersection LOS standards in cases where intersection spacing and road design characteristics make arterial LOS a more reliable and effective tool for predicting future impacts (See General Plan Conforms. Development of the site for residential development was evaluated in the General Plan EIR and a full analysis of anticipated impacts to transportation was provided in Chapter 4.16 (Transportation) of the EIR. No impacts were identified related to LOS with General Plan build out and therefore the acquisition is consistent with this policy. Attachment 1 General Plan 2040 Conformity Analysis 350 Merrydale for full policy text). 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. Conforms. The acquisition of the Property is for use as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development. No development is proposed at this time and future development would be required to provide fees as necessary. Therefore, the acquisition conforms with this policy. Policy M-3.1: VMT Reduction. Achieve State-mandated reductions in Vehicle Miles Traveled by requiring development and transportation projects to meet specific VMT metrics and implement VMT reduction measures. Conforms. The acquisition of the Property is for use as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development. No development is proposed at this time and future development would be assessed to confirm the level of review required related to VMT. Therefore, the acquisition conforms with this 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. Policy M-3.3: Transportation Demand Management Encourage, and where appropriate require, transportation demand measures that reduce VMT and peak period travel demand. These measures include, but are not limited to, transit passes and flextime, flexible work schedules, pedestrian and bicycle improvements, ridesharing, and changes to project design to reduce trip lengths and encourage cleaner modes of travel. Policy M-3.6: Low- Carbon Transportation. Encourage electric and other low-carbon emission vehicles, as well as the infrastructure needed to support these vehicles. Conforms. The acquisition of the Property is for use as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development. No development is proposed at this time and future development would be required to comply with the applicable standards contained in the General Plan as related to traffic mitigation, parking experience, and alternative modes of travel. Therefore, the acquisition conforms with this policy. Policy M-7.8: Parking for Alternative Modes of Transportation. Designate parking spaces to incentivize and encourage carpooling, electric vehicles, and other more sustainable modes of travel. Program M-7.8A: Charging Stations. Install additional chargers in public parking lots and garages for electric vehicles and e-bikes. Consider expanding electric charging requirements for private parking lots and structures. Attachment 1 General Plan 2040 Conformity Analysis 350 Merrydale pedestrian movement, and vehicle traffic circulation. City plans and programs related to SMART should be periodically evaluated based on changes in funding, operating costs, ridership, and other factors impacting service levels. Program M-4.3C: Arrival Experience. Create a welcoming experience for passengers arriving at the Downtown San Rafael and Civic Center stations, including wayfinding signage, easy transfers, and clearly marked, well-lit pathways to nearby destinations. Policy M-5.1: Traffic Calming. Protect residential areas from the effects of speeding traffic or traffic from outside the neighborhood through appropriate traffic calming solutions such as speed humps, bulb-outs, speed limits, stop signs, and chicanes. Traffic calming measures shall not conflict with emergency response capabilities. Policy M-6.1: Encourage Walking and Cycling. Wherever feasible, encourage walking and cycling as the travel mode of choice for short trips, such as trips to school, parks, transit stops, and neighborhood services. Safe, walkable neighborhoods with pleasant, attractive streets, bike lanes, public stairways, paths, and sidewalks should be part of San Rafael’s identity. Policy M-6.3: Connectivity. Develop pedestrian and bicycle networks that connect residents and visitors to major activity and shopping centers, existing and planned transit, schools, and other neighborhoods. Work to close gaps between existing facilities. Funding and prioritization for projects should consider relative costs and benefits, including such factors as safety, number of potential users, and impacts on parking. Policy M-6.7: Universal Design. Design and construct bicycle and pedestrian facilities to serve people of all ages and abilities, including children, seniors, families, and people with limited mobility. COMMUNITY SERVICES AND INFRASTRUCTURE ELEMENT Policy CSI-3.2: Mitigating Development Impacts. Engage the Police and Fire Departments in the review of proposed development and building applications to ensure that public health and safety, fire prevention, and emergency access and response times meet current industry standards. Conforms. Future development of the Property for residential uses was evaluated in the General Plan EIR, which determined that the site could be adequately served by existing police and fire service in the City. Future development would be evaluated through the planning and building permit processes to ensure adequate fire access is provided at the Property. Therefore, the acquisition conforms with this policy. Attachment 1 General Plan 2040 Conformity Analysis 350 Merrydale Policy CSI-4.2: Adequacy of City Infrastructure and Services. As part of the development review process, require applicants to demonstrate that their projects can be adequately served by the City’s infrastructure. All new infrastructure shall be planned and designed to meet the engineering and safety standards of the City as well as various local service and utility providers Conforms. Future development of the Property for residential use was evaluated in the General Plan EIR. As detailed in Section 4.14, Utilities and Service Systems of the Draft EIR, the Property would be served by the Las Gallinas Valley Sanitary District, MMWD, and Marin Sanitary. No development is proposed at this time and compatibility with this policy would be verified through the entitlement process. Therefore, the acquisition conforms with this policy. Policy CSI-4.8: Potable Water Supply and Delivery. Work with Marin Municipal Water District (MMWD) to meet projected water demand, encourage water conservation, and ensure the reliability and safety of the water supply and distribution system. Policy CSI-4.9: Wastewater Facilities. Ensure that wastewater collection, treatment and disposal infrastructure is regularly maintained and meets projected needs. Improvements should be programmed to meet state and federal standards, respond to sea level rise and seismic hazards, repair and replace aging or leaking pipes, and protect environmental quality. Policy CSI-4.17: Reducing Landfilled Waste Disposal. Reduce landfilled waste disposal and related greenhouse gas emissions by reducing material consumption; requiring curbside collection and composting of organic materials; increasing recycling, reuse, and resource recovery; and encouraging the use of recyclable goods and materials. HOUSING ELEMENT Policy: H-1.1: Collaboration and Coordination: Work with the County of Marin, local supportive service providers, and housing and social justice organizations to assist persons experiencing homelessness.  Conforms. The temporary use of the Property as an Interim shelter with services for unhoused individuals that will be made available through a collaboration between the City of San Rafael and County of Marin. Therefore, the acquisition conforms with this policy.  Policy H-1.3: Emergency Shelters: Allow for emergency shelters in appropriate zoning districts in order to accommodate San Rafael’s unsheltered population. Conforms. The temporary use of the Property as an interim shelter to accommodate unsheltered San Rafael residents. Therefore, the acquisition conforms with this policy. Attachment 1 General Plan 2040 Conformity Analysis 350 Merrydale Policy H-3.5: Housing and Greenhouse Gas Emissions. Design and locate new housing in a way that supports the city’s greenhouse gas reduction goals. This includes building new housing near transit and in locations where it is easier to walk to shopping, restaurants, services, work, school, and other destinations. It also includes reducing the use of non-renewable fossil fuels through electrification, decreased natural gas use, energy efficiency, and tree planting. Conforms. The acquisition of the Property is for use as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development. No development is proposed at this time and compatibility with this policy would be verified through the planning process. Future construction would be required to comply with the applicable requirements of the CalGreen Code through the building permit process. Therefore, the acquisition conforms with this policy. Policy H-3.6: Sustainable Design. Encourage the use of building materials, construction methods, and designs that reduce environmental impacts and the consumption of non- renewable resources. Attachment 1 General Plan 2040 Conformity Analysis 350 Merrydale Policy H-4.1: Equitable Distribution of Affordable Housing: Encourage the creation of affordable housing opportunities in all parts of the city, including areas where such housing does not exist today. Conforms. The acquisition for permanent affordable housing will result in an affordable housing development in North San Rafael, near Civic Center and SMART station resources.  Therefore, the acquisition conforms with this policy. Policy H-4.3: Affordable Housing Requirements. Require the inclusion of affordable housing units in market-rate housing projects. Ensure that affordable housing requirements are economically viable, do not negatively affect overall housing production, and provide sufficient flexibility for the private sector. When new affordable units are created, pursue deed restriction and affordability terms of at least 55 years so that fewer tenants are at risk of being displaced in any given year. Conforms. The acquisition of the Property is for use as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent one hundred percent affordable housing development, which will more than satisfy the City’s inclusionary housing requirement. Therefore, the acquisition conforms with this policy. Policy H-4.4: Affordability of Projects on Public Land: Prioritize the development of affordable housing rather than market rate units on surplus public land.  Conforms. The acquisition by the City is for the development of a permanent all affordable housing development.  Policy H-4.15: Housing and Infrastructure. Coordinate with water, sanitary sewer, and dry utility service providers to ensure that infrastructure is available to support anticipated housing development. The cost of infrastructure maintenance and improvement should be equitably shared among property owners rather than assigned entirely to new development. Conforms. Future development would be evaluated when through the planning process, including an evaluation of water, sanitary sewer, and utilities. Future development at the site was anticipated by the General Plan and would be served by public utilities for water, sanitary sewer, stormwater and other infrastructure. Therefore, the proposed acquisition conforms with this policy. ECONOMIC VITALITY ELEMENT Policy EV-1.1: Quality of Life. Recognize the importance of a healthy economy to the quality of life, especially the ability to provide excellent schools, public safety services, public works, recreation, housing programs, and other government services. Conforms. The acquisition of the Property is for use as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development. Providing housing will support the overall quality of life and therefore the acquisition conforms with this policy. Attachment 1 General Plan 2040 Conformity Analysis 350 Merrydale DIVERSITY, EQUITY, AND INCLUSION ELEMENT Policy EDI-3.2: Affordable Housing Development. Encourage the development of affordable rental housing to meet the needs of all San Rafael households. Conforms. The acquisition of the Property for use as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development. The acquisition would support the provision of affordable housing and therefore, the proposed acquisition conforms with this policy. HOUSING ELEMENT PROGRAMS Program 42: Zoning Text and Map Revisions. Allow Low Barrier Navigation Centers (LBNCs) in mixed use zones. This action is mandated by State law (AB 101). LBNCs are low-barrier, temporary service- enriched shelters that help homeless individuals and families quickly obtain permanent shelter. State law now requires local jurisdictions to allow LBNCs as a permitted use in certain zoning districts, provided they meet specific criteria. These criteria include such features as allowing pets, providing privacy, giving residents the ability to store possessions, use of a coordinated entry system, and providing access to permanent housing. They must be allowed by right in mixed use and nonresidential zoning districts where multi-family housing is permitted. Conforms. Government Code Section 65662 provides that a Low Barrier Navigation Center is a use by right in areas zoned for mixed use and nonresidential zones permitting multifamily uses. The Property has a Planned Development zoning designation as set forth in Ordinance No. 1979, which allows for land uses in the High Density Residential (HR1) District land use classification. The uses allowed in a High Residential District are set forth in SRMC Chapter 14.04 and included mixed use. Use of the Property as an interim shelter conforms with both state law and the program, and the acquisition conforms. - 1 - ATTACHMENT 2 RESOLUTION NO. XX-XX RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION REPORTING ON THE CONFORMITY OF THE ACQUISITION OF 350 MERRYDALE ROAD AND 3833 REDWOOD HIGHWAY (ASSESSOR’S PARCEL NUMBERS 179-041-27 AND 179-041-28) (“PROPERTY”) WITH THE CITY OF SAN RAFAEL’S ADOPTED GENERAL PLAN WHEREAS, California Government Code Section 65402(a) requires that if a General Plan has been adopted, prior to a public entity’s acquisition of real property for a public purpose, the applicable planning agency must report on the conformity of the acquisition with the adopted General Plan; and WHEREAS, in 2021 the City of San Rafael (City) adopted its current General Plan 2040 via City Council Resolution No. 14959; and WHEREAS, San Rafael’s City Council has determined that the City’s Planning Commission under San Rafael Municipal Code (“SRMC”) 2.16.110 shall advise on land use matters requiring City Council action; and WHEREAS, pursuant to California Government Code 65100 et seq. and SRMC 2.16.110, the City’s Planning Commission thus qualifies as the planning agency for the City to advise the City Council on the conformance of the acquisition of property with the City’s’ General Plan; and WHEREAS, the City Council will consider acquiring the property located at 350 Merrydale Road and 3833 Redwood Highway, APN 179-041-27 and 179-041-28, (“the Property”) to serve as an interim shelter, which may include a Low Barrier Navigation Center for unhoused San Rafael residents over the next two to four years followed by a permanent affordable housing development; and WHEREAS, the Property is designated as Community Commercial Mixed Use on the General Plan 2040 Land Use Map, which allows for residential and commercial uses, including a mix of housing, office, retail, service, and public land uses; and WHEREAS, the Property is also listed in General Plan Appendix A: Development Pipeline – Entitled Projects of the San Rafael Housing Element and identified for future residential development; and WHEREAS, Government Code Section 65662 provides that a Low Barrier Navigation Center is a use by right in areas zoned for mixed use and nonresidential zones permitting multifamily uses; and - 2 - WHEREAS, consistent with the City’s 2023-2031 Housing Element adopted May 15, 2023, Low Barrier Navigation Centers are allowed by right in mixed use and nonresidential zoning districts; and WHEREAS, the Property has a Planned Development zoning designation as set forth in Ordinance No. 1979, which allows for land uses set forth in the High Density Residential (HR1) District land use classification; and WHEREAS, the uses allowed in a High Residential District are set forth in SRMC Chapter 14.04 and include mixed use; and WHEREAS, the acquisition of the Property is consistent with the Property’s General Plan designation and with applicable goals, policies and programs of the General Plan, specifically with policies of the Land Use, Neighborhoods, Community Design and Preservation, Conservation and Climate Change, Mobility, and Diversity, Equity, and Inclusion Elements as detailed in the General Plan Consistency Table, Attachment One, and Housing Element 2023- 2031; and; WHEREAS on November 4, 2025, the Planning Commission held a duly noticed special meeting to consider whether the acquisition of the Property conformed to the City’s General Plan, and accepted all oral and written public comment and the written report of the Community Economic Development Department staff, and NOW THEREFORE BE IT RESOLVED, the Planning Commission finds that the foregoing recitals are true and correct and incorporated by reference and reports that the acquisition of the Property, at 350 Merrydale Road and 3833 Redwood Highway (APN 179-041-27 and 179-041- 28), conforms to the City of San Rafael’s adopted General Plan. SECTION 2. 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. Moved by and seconded by . The vote is as follows: AYES: - 3 - NOES: ABSENT: SAN RAFAEL PLANNING COMMISSION ATTEST: BY: Kristina Estudillo Chair