HomeMy WebLinkAboutCM Declaration of Shelter Crisis and Approval of Related Actions and Aquisition of the Property at 350 Merrydale Road
____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: November 17, 2025
Disposition: Resolutions 15478 x 15479 x 15480 x waived further reading, referred to it by title
only, and adopted Urgency Ordinance No. 2056 x introduced the ordinance, waived further
reading and referred to it by title only
Agenda Item No: 6.a
Meeting Date: November 17, 2025
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Manager
Prepared by: John Stefanski, Assistant City
Manager
Greg Minor, Assistant Director
Community & Economic Development
Daniel Cooperman, Community Services
Division Director
City Manager Approval: ______________
TOPIC: DECLARATION OF SHELTER CRISIS AND APPROVAL OF RELATED ACTIONS AND
ACQUISITION OF THE PROPERTY LOCATED AT 350 MERRYDALE ROAD (APNS
179-041-27 & 179-041-28) FOR USE AS AN INTERIM SHELTER AND AFFORDABLE
HOUSING
SUBJECT: CITY COUNCIL OF THE CITY OF SAN RAFAEL CONSIDERATION OF:
1. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DECLARING A
SHELTER CRISIS PURSUANT TO GOVERNMENT CODE SECTION 8698, ET SEQ;
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: NOT A
PROJECT PER CEQA GUIDELINES 15378(b)(2),(4),(5); ALTERNATIVELY EXEMPT
PURSUANT TO CEQA GUIDELINE 15061(b)(3) [COMMON SENSE]; 15269(c) [EMERGENCY]
2. AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
ADOPTING REASONABLE LOCAL STANDARDS AND PROCEDURES FOR HOMELESS
SHELTERS PURSUANT TO GOVERNMENT CODE SECTIONS 8698, ET SEQ.; CEQA
DETERMINATION: NOT A PROJECT PER GOVERNMENT CODE SECTIONS 65660(b),
65662; CEQA GUIDELINE 15378(b)(2), (4), (5); ALTERNATIVELY EXEMPT PURSUANT TO
CEQA GUIDELINES 15061(b)(3) [COMMON SENSE]; 15269(c) [EMERGENCY]
3. AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
ADOPTING REASONABLE LOCAL STANDARDS AND PROCEDURES FOR HOMELESS
SHELTERS PURSUANT TO GOVERNMENT CODE SECTIONS 8698, ET SEQ.; CEQA
DETERMINATION: NOT A PROJECT PER GOVERNMENT CODE SECTIONS 65660(b),
65662; CEQA GUIDELINE 15378(b)(2), (4), (5); ALTERNATIVELY EXEMPT PURSUANT TO
CEQA GUIDELINES 15061(b)(3) [COMMON SENSE]; 15269(c) [EMERGENCY]
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
4. A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A
GRANT AGREEMENT BETWEEN THE CITY AND COUNTY OF MARIN IN THE AMOUNT OF
$8 MILLION AND AFFORDABLE HOUSING AGREEMENT IN A FORM TO BE APPROVED BY
THE CITY ATTORNEY TO FACILITATE THE ACQUISITION OF REAL PROPERTY LOCATED
AT 350 MERRYDALE ROAD (APNS 179-041-27 & 179-041-28) FOR USE AS AN INTERIM
SHELTER AND PERMANENT AFFORDABLE HOUSING AND TO ACCEPT THE FULL
AMOUNT OF THE GRANT AND APPROPRIATE $7.0 MILLION TO COVER COSTS RELATED
TO ACQUISITION; CEQA DETERMINATION: NOT A PROJECT PER GOVERNMENT CODE
SECTIONS 8698.4(a)(4); 65660(b), 65662; PUBLIC RESOURCES CODE SECTION
21080(b)(1) [MINISTERIAL PROJECT]; CEQA GUIDELINE 15268(b) [MINISTERIAL
PROJECT]; EXEMPT PURSUANT TO CEQA PUBLIC RESOURCES CODE SECTION 15183
[CONSISTENT WITH GENERAL PLAN POLICIES]; CEQA GUIDELINES 15269(c)
[EMERGENCY]; 15332 [INFILL]
5. A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A
PURCHASE AND SALE AGREEMENT IN THE AMOUNT OF $6.7 MILLION, PLUS
ASSOCIATED COSTS; TO EXECUTE A CERTIFICATE OF ACCEPTANCE AND OTHER
DOCUMENTS NECESSARY TO COMPLETE THE PURCHASE OF THE REAL PROPERTY
LOCATED AT 350 MERRYDALE ROAD AND TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH CORNISH AND CAREY COMMERCIAL (D/B/A NEWMARK) IN AN
AMOUNT NOT TO EXCEED $201,000 FOR REAL ESTATE BROKERAGE SERVICES
RENDERED TO THE CITY FOR THE CITY’S PURCHASE OF 350 MERRYDALE ROAD (APNS
179-041-27 & 179-041-28); CEQA DETERMINATION: NOT A PROJECT PER GOVERNMENT
CODE SECTIONS 8698.4(a)(4); 65660(b), 65662; PUBLIC RESOURCES CODE SECTION
21080(b)(1) [MINISTERIAL PROJECT]; CEQA GUIDELINE 15268(b) [MINISTERIAL
PROJECT]; EXEMPT PURSUANT TO CEQA PUBLIC RESOURCES CODE SECTION 15183
[CONSISTENT WITH GENERAL PLAN POLICIES]; CEQA GUIDELINES 15269(c)
[EMERGENCY]; 15332 [INFILL]; 15061(b)(3) [COMMON SENSE]; 15378(b)(4) [FISCAL
ACTIVITY]
RECOMMENDATION:
Staff recommends that the City Council take the following actions:
Adopt the above-referenced resolution declaring a shelter crisis in San Rafael pursuant to
California Government Code Section 8698, et seq.
Waive further reading, refer by title only, and adopt the above-referenced urgency ordinance
adopting reasonable local standards and procedures for homeless shelters pursuant to
Government Code Section 8698, et. seq.
Introduce, waive further reading and refer by title only to the above referenced ordinance adopting
reasonable local standards and procedures for homeless shelters pursuant to Government Code
Section 8698, et. seq.
Adopt the above-referenced resolution authorizing the City Manager to negotiate and execute a
Grant Agreement between the City and the County of Marin in the amount of $8 million and an
Affordable Housing Agreement in a form to be approved by the City Attorney to facilitate the
acquisition of real property located at 350 Merrydale Road (APNs 179-41-27 & 179-041-28) for
use as an interim shelter and permanent affordable housing and to accept the full amount of the
grant and appropriate $7 million to cover costs related to the acquisition.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
Adopt a resolution authorizing the City Manager to negotiate and execute a purchase and sale
agreement in the amount of $6.7 million, plus associated costs, a certificate of acceptance and
other documents necessary to complete the purchase of the real property located at 350
Merrydale Road and to execute a professional services agreement with Cornish and Care
Commercial (d/b/a Newmark) in an amount not to exceed $201,000 for real estate brokerage
services rendered to the City for the City’s purchase of 350 Merrydale Road APNs 179-41-27 &
179-041-28).
EXECUTIVE SUMMARY:
The City has an opportunity to acquire a 2.5-acre property at 350 Merrydale Road /3833 Redwood
Highway (Property) to serve as an interim shelter for up to 65 unhoused individuals on a temporary basis,
followed by a permanent affordable housing development of up to 80 units. Implementing an interim
shelter program and developing affordable housing will address San Rafael’s shortage of affordable
housing and substantial number of unsheltered residents and, in doing so, advance the City’s housing
and homelessness goals. This opportunity is a product of a collaboration with the County of Marin, and
the property was selected following a multi-year search for a viable location. Accordingly, staff
recommends that the City Council declare a shelter crisis in alignment with the new state law and
authorize the acquisition of the Property to serve as an interim shelter on a temporary basis, followed by
a permanent affordable housing development.
BACKGROUND:
San Rafael’s Housing Landscape
San Rafael and Marin County lack both housing supply and affordable housing. The City’s 2023-2031
Housing Element1, the Marin County Civil Grand Jury’s 2024-2025 report titled “The Worrisome Future
of Marin Housing,” and Rooted in Marin, a 2025 analysis of anti-displacement strategies for Marin County,
document these unfortunate realities, as well as the negative consequences of insufficient housing
opportunities. For instance, the Rooted in Marin report noted that Marin County has the third highest
median rental rate in California and the cost of purchasing an average home is more expensive in Marin
County than every metropolitan area other than the San Jose Metro Area (Rooted in Marin p.20). As a
result, roughly three in five Marin renter households are cost-burdened, meaning they dedicate more than
30 percent of their income on housing (Rooted in Marin p.21).
The high cost of housing in Marin County is largely due to a lack of housing supply, which is the result of
a dearth of housing construction in recent decades, as demonstrated in Figure One below.
1 This staff report contains hyperlinks to other documents. The hyperlinked documents are incorporated by
reference and may be referenced by clicking on the hyperlink, or alternatively, contacting the City Clerk’s Office for
a copy of the referenced document.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
Figure One: Marin County Housing Stock by Tenure and Age
(Source: Rooted in Marin p.24)
The lack of new housing stock has led to rising Marin County median housing prices, which increased by
over $1 million in the eight-year period between 2013 and 2021, from $966,000 to $1.91 million, a 98
percent increase (The Worrisome Future of Marin Housing, p.9). Over that same period, median
household income in Marin County only increased by 45 percent (Id.).
The consequences of a lack of housing supply and affordable housing in Marin County include a
sustained population loss since 2018, particularly of low-income households making less than 50 percent
of the area median income (AMI). Figure Two displays this outmigration trend of lower-income
households with a net migration rate of -33.5 per 1,000 households compared to higher-income
households net migration rate of 4.7 per 1,000 households.
Figure Two: Net Migration Rate for Marin County (2010 to 2023)
(Source: Rooted in Marin p.14, U.S. Census Bureau, 2023 American Community Survey)
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
Marin County’s lack of affordable housing pushes much of the county’s workforce to live outside of Marin
County; for example, 64 percent of Marin County workers and 67 percent of San Rafael’s regular full-
time employees live outside of Marin County (Rooted in Marin, p.26). Marin County’s reliance on an
external workforce makes it harder for Marin employers to retain employees, increases greenhouse gas
emissions, and reduces economic growth from the missed property taxes and consumer spending that
would take place if more people could afford to reside in Marin County (Rooted in Marin, p.27 and The
Worrisome Future of Marin Housing, p.2 and p.10).
With respect to San Rafael, the City’s 2023-2031 Housing Element, a state-mandated planning document
to guide long-term growth and development, identified similar housing challenges to Marin County as a
whole. For example, the Housing Element found that San Rafael renters are considerably cost-burdened
(spending more than 30 percent of one’s income on housing). As shown in Figure Three, 55 percent of
San Rafael renters were cost-burdened, and 21 percent of San Rafael’s renter households were severely
cost-burdened (spending more than 50 percent of their income on housing).
Figure Three: Percent of Income Spent on Housing by San Rafael Owners and Renters
(Source: 2023-2031 Housing Element p.3-26)
The high cost of housing in San Rafael impacts different demographic groups to different degrees due to
income variations across demographic groups. For instance, only one-third of non-Hispanic White
households in San Rafael were paying more than 30 percent of their incomes on housing compared to
38 percent for Asian households, 56 percent for Black households, and 60 percent for Latino households
(2023-2031 Housing Element p.3-28). Furthermore, nearly 40 percent of the city’s Latino households pay
more than half their household incomes on housing costs (Id.). Similarly, overcrowding is also far more
prevalent among Latino households than among White households. Data from the 2015-2019 ACS
indicates that 50.9 percent of all Latino households in San Rafael experience overcrowded conditions,
compared to 1.3 percent among White, non-Hispanic households (2023-2031 Housing Element p.3-30).
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 6
Figure Four: San Rafael Cost Burdened Households by Race and Ethnicity
(Source: 2023-2031 Housing Element, p.3-29)
Ultimately, the City’s Housing Element concluded that while San Rafael is the most racially, ethnically,
and economically diverse city in Marin County, its income distribution has become less balanced over
time, with growing numbers of residents in poverty and growing numbers of high-income households.2
These housing constraints and broader economic pressures continue to exacerbate a housing and
homelessness crisis within the City as well as the County and State.
Homeless Point-in-Time Count
Homelessness remains a significant challenge across the United States, and San Rafael is no exception.
According to the U.S. Department of Housing and Urban Development’s 2024 Annual Homelessness
Assessment Report (AHAR) to Congress, an estimated 771,480 individuals experienced homelessness
during the January 2024 Point-in-Time count, an 18% increase from 2023, representing the largest one-
year rise ever recorded. Among these, approximately 152,585 individuals were identified as chronically
homeless, reflecting a continuing upward trend seen in recent years. California alone accounts for
187,084 homeless individuals, with close to 70,000 being chronically homeless, reflecting a 74% rise
since 2017. Alarmingly, 66% of California's homeless population was unsheltered, comprising nearly half
of all unsheltered homeless individuals nationwide.
Like other jurisdictions in California, homelessness continues to present a significant challenge for our
region and community. The 2024 Marin County Point-in-Time Count identified 1,090 individuals
experiencing homelessness countywide, with 788 unsheltered. San Rafael had 326 individuals
experiencing homelessness, including 264 unsheltered. This represents more than one third of Marin
County’s unsheltered population. This same point in time count found that 39 percent of the County’s
homeless population stated economic issues as the precipitating cause that led to their homelessness,
up from 31 percent in the 2022 count. Of note, 62% of the County’s homeless population resided within
Marin County prior to becoming homeless.
2 For example, in 2018, roughly 14 percent of the city’s residents lived below the federal poverty line, up from 10
percent in 2000. Conversely, the percentage of families with household incomes over $200,000 increased from
15.7 percent in 2010 to 27.7 percent in 2018. The data suggests not only a declining “middle class” but a growing
number of residents facing social and economic challenges (See Housing Element p.1-2).
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 7
State Guidance Regarding Encampments
In May 2025, Governor Newsom released a model ordinance directing local jurisdictions to take
immediate action to abate encampments. While this model ordinance included components included in
the City’s existing camping ordinance, it also created significant pressure for the City as well as other
jurisdictions to respond swiftly to unsheltered homelessness. While enforcement expectations are rising,
the City also recognizes its responsibility to act with compassion. Providing humane, service-oriented
alternatives-such as interim shelter, is essential to balancing State directives with the City’s values and
housing first principles. By creating safe, structured shelter options, the City can both comply with the
State’s call for resolving encampments and ensure that individuals are not displaced without access to
shelter and case management.
The City’s Adopted Homelessness and Housing Goals
To address the lack of housing supply and affordable housing in San Rafael, the City has adopted
homelessness and housing specific goals, policies, and programs. For example, in June 2025 the San
Rafael City Council adopted a Three-Year Strategic Plan for Fiscal Years 2025-2028 that includes Priority
Area D: Housing and Homelessness: Facilitate new housing development, assist in ensuring housing
stability, support a “Housing First” model, and implement strategies that reduce homelessness.
Furthermore, Strategic Plan Priority Area D includes the following goals and objectives:
• Goal D.1: Collaborate with the County of Marin and other community partners to implement
comprehensive strategies that prevent and reduce homelessness.
o Objective D.1.1: In collaboration with the County of Marin, explore the implementation of
a housing-focused interim shelter program, supported by robust case management
services to assist in transitioning unhoused community members into permanent
supportive housing, or other permanent housing solutions; and
o Objective D.1.4: Strategically increase and secure additional funding sources by
leveraging key partnerships that will support additional programs that reduce
homelessness; and
• Goal D.2: Advance the development of new housing across all affordability levels to meet the
state’s regional housing needs allocation (RHNA) requirements as outlined in the City’s Housing
Element, ensuring diverse, sustainable, and equitable housing opportunities for all residents.
Prior to adopting the City’s current Strategic Plan, in 2023, San Rafael adopted its 2023-2031 Housing
Element with the overarching purpose of providing housing opportunities across all income levels. The
Housing Element’s Housing Action Plan included Goal H-1: Homelessness: End and prevent
homelessness in San Rafael as well as Goal H-4: Housing Choice: Meet housing needs through a range
of housing choices and affordability levels throughout the city (Housing Element p. 6-2). The Housing
Action Plan then identified policies and programs to advance these goals, including:
• Policy H-1.1: Collaboration and Coordination
o Work with the County of Marin, local supportive service providers, and housing and social
justice organizations to assist persons experiencing homelessness.
• Policy H-1.2: Transitional and Supportive Housing
o Support permanent supportive housing for those who are unhoused or at risk of losing
their housing.
• Policy H-1.3: Emergency Shelters
o Allow for emergency shelters in appropriate zoning districts in order to accommodate San
Rafael’s unsheltered population.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 8
• Policy H-4.1: Equitable Distribution of Affordable Housing
o Encourage the creation of affordable housing opportunities in all parts of the city, including
areas where such housing does not exist today.
• Policy H-4.4: Affordability of Projects on Public Land
o Prioritize the development of affordable housing rather than market rate units on surplus
public land.
• Policy H-4.14: Commercial to Residential Conversion
o Encourage the adaptive reuse of older commercial buildings, including office and retail
buildings, for housing.
Finally, as part of the City’s Equity, Diversity and Inclusion Element, San Rafael’s 2040 General Plan
includes Goal EDI-3: Housing Stability: Improve housing stability for all San Rafael residents, particularly
those with low or very low incomes.
The City’s Camping Ordinance
In July 2023, the City Council voted to amend the City’s longstanding camping ordinance (San Rafael
Municipal Code Chapter 19.50) to regulate camping in a manner that complied with the then-governing
Martin v. Boise decision. Shortly after the City adopted its new ordinance amendments, a group of
plaintiffs (Shaleeta Boyd, et al.) sued the City in federal court based on Americans with Disabilities Act
(ADA) claims and other legal theories, in particular that the City’s camping ordinance constituted a “state
created danger”. In response, the court entered a temporary restraining order and, later, a preliminary
injunction that effectively blocked the City’s ability to enforce its own local camping regulations.
During the period of the preliminary injunction, the City’s ability to regulate the Mahon Creek Path Area
encampment became significantly constrained. However, the City still took action utilizing other
regulatory avenues to mitigate the broader public health and safety impacts of the encampment on the
surrounding community. For example, in October and November 2023, the City enforced its fire code to
abate the fire risks associated with the proliferation of wooden pallets and illegal wooden structures in
the Mahon Creek Path Area encampment.
From December 2023 to February 2024, the City attempted in good faith, to implement the Camping
Ordinance under the restrictions and direction issued by the Federal District Court. Through this multi-
month effort, the City attempted to work with the California Homeless Union and members of the Mahon
Creek Path Area encampment to designate campsites and establish voluntary compliance with the
direction of the Court. This work was ultimately abandoned as we could not achieve the level of
cooperation needed in order for that approach to be effective. The City then focused its attention towards
amending the camping ordinance to address the concerns of the court, and to create a regulatory
framework that we could use to mitigate impacts of unsanctioned encampments.
In May 2024, the City Council voted to further amend Chapter 19.50, by adopting Ordinance 2035, to
address the concerns expressed by the Federal District Court in its injunction order. In August 2024, the
Court granted the City’s motion to dismiss the injunction. Since that time, the City has made additional
amendments to the Camping Ordinance to address concerns around fire severity zones, as well as to
clarify language around unpermitted structures and add additional safety setback requirements. City staff
continue to regularly enforce the Camping Ordinance
The history and litigation involving the Camping Ordinance informs the City’s approach to partnering with
the County of Marin on homelessness, specifically the provision of shelter space. The preliminary
injunction specifically referenced the lack of established, safe, temporary/interim shelter for those
experiencing homelessness; indicating the need for doing so in an environment where 72% of the
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 9
County’s homeless population is unsheltered. Post litigation, the City manages its legal risk of prohibiting
areas to camping by coupling those efforts with providing interim shelter or sanctioned areas for
individuals to camp and sleep. For example, the opening of the Sanctioned Camping Area coincided with
expansions of the camping prohibitions along the Mahon Creek Path and elsewhere in the City. Further
amendments to the Camping Ordinance were also made possible through the existence of the
Sanctioned Camping Area. However, with the current capacity of 50 beds, future expansions of
prohibitions on camping additional areas of the City will require increased interim shelter capacity, as
proposed at the Merrydale site.
City Efforts to Address and Resolve Homelessness
For more than a decade, the City of San Rafael has been taking steps to address and resolve
homelessness in our community. These include:
• In 2021, the City launched the Services Support Area (SSA) to provide a safe area for up to 49
individuals to reside temporarily and to easily connect to services providers for needed housing-
based case management. These efforts led to 31 out of 47 individuals receiving a permanent
supportive housing voucher, and successfully securing housing.
• The City and County of Marin jointly applied for and received approximately $6M in Encampment
Resolution Funding – Round 3 Grant Funding for a two-phase interim shelter program which led
to the establishment of the Sanctioned Camping Area along the Mahon Creek Path (Phase 1).
The Sanctioned Camping Area, which opened in October 2024 has continued to house
approximately 50 individuals and connect them to housing-based case management and other
support services. All individuals at the Sanctioned Camping Area are receiving housing based
case management services.
• The City and County entered into a Collaborative Agreement that established a framework and
formal partnership that enhances interagency cooperation to better address the needs of those
experiencing homelessness.
• Through the County’s 50 percent matching program for City-run homeless service programs, the
City has contributed funding for a full-time equivalent dedicated Housing-Based Case Manager
position.
• The City’s Affordable Housing Trust Fund has invested more than $3M for supportive housing
developments, such as the Casa Canal (3301 Kerner) and Jonathan's Place projects. The City
has also utilized $250,000 in state encampment resolution fund grants to expand case
management services in partnership with the County of Marin.
• The City’s SAFE (Specialized Assistance for Everyone) team, a mobile mental health crisis
response unit operated by Petaluma People Services Center, addresses various crises and
provides critical support, operating twelve hours a day, seven days a week. The City initially
allocated $775,000 for a three-year pilot program to fund this critical mental health support
service.
• Other efforts include high utilizer case management programs, mobile showers services provided
by Redwood Gospel Missions, and a fully dedicated Community Mental Health Liaison who works
for the San Rafael Police Department.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 10
• The City has only three full-time employees dedicated to homelessness services, all of which are
funded by the City’s General Fund. The City does not receive any direct, ongoing funding from
the State or Federal government to support this work.
• In 2023, the City worked with Davidson Middle School to provide additional security services for
children walking to and from the school near the Mahon Creek Path Area encampment. In
addition, the City took steps to successfully close Lindaro Street to camping, to provide children
with a clear path to walk to school.
The lack of adequate shelter options in the County has been a priority for the City over the last decade.
While the City does not directly provide social services to support the homeless population, as the urban
and economic center for the County and the jurisdiction with the most County and non-profit Health and
Human Service providers, the impacts of homelessness on the City have been disparate and significant
when compared to other cities and towns in Marin. Given this, the City has continually partnered with the
County of Marin to identify creative solutions to this lack of shelter space. First through the Services
Support Area and then with the current Sanctioned Camping Area, the City and County have been able
to successfully pilot what an interim shelter program could look like in San Rafael, gaining important
experience and learnings on how such programs can successfully operate, how they can directly support
and benefit the individuals experiencing homeless and resolve broader community concerns regarding
impacts of unregulated homelessness on commercial corridors, small businesses, perceptions of safety
and cleanliness, shared public spaces, and neighborhoods.
On January 30, 2023, the City Council held a special study session to specifically discuss criteria for
evaluating potential sites for a sanctioned tiny home village. The session was a part of the City’s broader
strategy to address homelessness through interim housing solutions. At that time, the City Council
reviewed and discussed a draft set of evaluation criteria to guide the selection of a site for a tiny home
village These criteria included:
• Site Suitability:
o Minimum lot size and flat topography
o Access to utilities (water, sewer, electricity) o Environmental constraints (e.g., flood zones, hazardous materials)
• Accessibility: o Proximity to public transportation
o Walking distance to services (e.g., grocery stores, healthcare, employment centers)
• Neighborhood Context: o Compatibility with surrounding land uses
o Opportunities for community integration
• Ownership and Control:
o Publicly owned land preferred
o Willingness of private owners to lease or sell o Zoning and General Plan consistency
• Operational Feasibility:
o Ability to secure a service provider
o Site security and management logistics o Cost of site preparation and ongoing operations
• Community Engagement:
o Opportunities for public input
o Mitigation of neighborhood concerns
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 11
The Council at that time directed staff to use these criteria to evaluate potential sites and return with
recommendations. San Rafael is a fully built out city, meaning that most likely a potential project would
have to be on an infill property (vacant, existing property). Given this context, the ability of the City to
satisfy all of these criteria, while aspirational, would be and has been a challenging endeavor.
More recently, the City Council has discussed the need to establish more interim shelter facilities within
the City and the County as a whole. More recently, the concept of an interim shelter was discussed by
the City Council at the August 19, 2024 City Council Meeting, November 4, 2024 City Council Meeting,
with the Homelessness Solutions Working Group, as well as through the City Council’s adopted Three-
Year Strategic Plan.
San Rafael’s multifaceted and collaborative efforts underscore a commitment to addressing
homelessness through both immediate and long-term solutions. Yet, despite these efforts there remains
an acute shelter crisis in San Rafael which requires both the City and County of Marin to explore options
and create solutions to best support the most vulnerable in obtaining safe and dignified shelter options.
Legislative Discretion for Shelter Crises
In December 2018, the City of San Rafael formally declared a shelter crisis under California Government
Code § 8698.2 (via Resolution No. 14612), as a necessary step to access one-time state funding under
the Homeless Emergency Aid Program (HEAP). In making this declaration, the City recognized that the
number of people experiencing homelessness at that time—233 individuals in San Rafael as identified
in the 2017 Point-in-Time Count—exceeded available shelter and housing capacity, posing serious public
health and safety risks to unsheltered residents. The declaration did not impose new regulatory burdens
but enabled the City to apply for and receive critical capital and program funding to expand shelter,
outreach, diversion, and permanent housing efforts. Since this time there have been numerous updates
to state law regarding these declarations and therefore require an updated declaration.
In September 2024, Governor Newsom signed Senate Bill (SB) 1395. This legislation builds upon
California's existing Shelter Crisis Act framework, which authorizes local governing bodies to declare
shelter crises upon making specified findings, including but not limited to findings that a significant number
of persons within the jurisdiction are without the ability to obtain shelter, and that the situation has resulted
in a threat to health and safety of those persons.
Once a shelter crisis is declared, the Shelter Crisis Act suspends certain state and local laws and
regulations that would hinder rapid deployment of homeless shelters, allowing jurisdictions to adopt
reasonable local standards for shelter design, development, and operations. SB 1395 extended these
emergency provisions from their 2026 sunset date to 2036 and expanded California Environmental
Quality Act (CEQA) exemptions to include service contracts for shelters established under the Act.
Additionally, the legislation strengthens the state's Low Barrier Navigation Center provisions, originally
established to create by-right zoning for service-enriched shelters in mixed-use and certain non-
residential zones. The bill removed the 2027 sunset date for these navigation center provisions, making
them permanent, while clarifying that such facilities may be non-congregate and relocatable. The
legislation also broadens CEQA exemptions for local agency activities related to navigation centers and
expands Housing First requirements to encompass all state-funded emergency shelter and interim
housing programs.
These amendments collectively extend and enhance the regulatory flexibility first established under the
Shelter Crisis Act, providing local jurisdictions with continued tools to address homelessness while
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 12
maintaining the state's commitment to Housing First principles as the foundation for all homelessness
interventions.
Recently, the County of Marin declared a shelter crisis to create some flexibility to address homelessness
through the creation of shelters and other support structures.
350 Merrydale Road and Efforts to Identify an Interim Shelter Site
Over the last two years, the City has been searching for a viable site to house an interim shelter within
the City limits without success. The City’s search was guided by site criteria based on prior City Council
direction, best practices and the types of properties that other California jurisdictions have utilized for
interim shelters. Site criteria included price range, size, ample flat and accessible space for an interim
shelter program, potential for development into affordable housing, proximity to transit, and ability to
utilize without major community disruptions. This led to City staff exploring over 20 properties in addition
to City-owned parcels. Unfortunately, none of the property owners of the 20 private properties identified
were willing to lease or sell the property to the City at an acceptable and financially viable price.
Figure Five: Proposed Site Locations
301 Smith Ranch Road 700 Irwin Street
70 Skyview Terrace 70 Union Street
245 Nova Albion Way BMW Dealership Parcel
702 D Street Parking Lot at Four Points by
Sheraton
826 B Street Northgate Mall Parking Lot
523 4th Street 3rd Street Garage
Windward Way Parcel Villa Inn/Sloat Nursery
100 Yacht Club Drive Albert Park Tennis Courts
Third and Tamalpais Menzies Parking Lot
101/Andersen Drive City Hall Parking Lot
350 Merrydale Road Property is approximately 2.5 acres of land located just west of the US Highway 101
transportation corridor in northern San Rafael, roughly 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 designated as a 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.
In 2018 the City received an application to develop 45 townhomes for sale at the property. The townhome
project received land use approvals in 2020, and extensions were granted in 2022 and 2024 but as of
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 13
the date of this report, the property owner has not proceeded with construction activities and earlier this
year placed the property up for sale.
ANALYSIS:
Considering the passage of SB 1395 and the City’s housing and homelessness goals, staff recommends
that the City Council declare a new shelter crisis and adopt legislation to authorize the acquisition of 350
Merrydale Road to serve as an interim shelter on a temporary basis followed by a permanent affordable
housing development.
Declaring a New Shelter Crisis in San Rafael
Why Declare a Shelter Crisis?
Declaring a shelter crisis provides relief from existing regulations and processes that make it difficult or
impossible to act quickly in addressing immediate shelter needs. The discretion offered by SB 1395 and
other related state legislation allows the City to create innovative shelter solutions in ways that meet the
urgency of the situation, and which otherwise may be infeasible or prohibited. Furthermore, by declaring
a shelter crisis, the City is emphasizing that it recognizes the urgency of the growing number of individuals
in our community who are experiencing homelessness and the impact of this on our shared public spaces
and community.
Upon declaring a shelter crisis, the City would be then empowered to take steps to mitigate the crisis.
Government Code Section 8698 permits cities to adopt an ordinance establishing reasonable local
standards and procedures for the design, site development and operation of low barrier navigation
centers and homeless shelters and the structures therein, provided they meet the requirements of the
2019 California Residential Code Appendix X and California Building Code Appendix O or any future
standards adopted by the Department of Housing and Community Development related to emergency
housing or emergency housing facilities. These codes define what sorts of structures or facilities qualify
as emergency shelter and establish minimum standards for health, safety, and sanitation. Once the City
has codified such standards, via ordinance, they may be applied to permit emergency shelter or low
barrier navigation centers in the city during the time that the shelter crisis declaration is in effect.
The Shelter Crisis declaration requires the City to submit an annual report to the State Legislature on
shelter capacity, resident outcomes, and actions taken to reduce homelessness. This reporting obligation
will also serve as a tool for the City to track progress, evaluate the effectiveness of new shelter initiatives,
and maintain transparency with the community. By documenting outcomes such as the number of shelter
beds created, the number of individuals served, and the pathways to permanent housing, San Rafael can
demonstrate accountability while using the data to guide future investments and program improvements.
The reporting metrics required by the state are not cumbersome and will be a part of data set that the
City is incorporating as it continues to monitor its progress in reducing homelessness within the City.
Findings to Declare a Shelter Crisis in San Rafael
For the City to declare a shelter crisis, it must first find that a significant number of persons within the City
of San Rafael are without the ability to obtain shelter.
As highlighted in this report, the 2024 Marin County Point-in-Time Count identified that San Rafael had
326 individuals experiencing homelessness, including 264 or 81% of the population unsheltered.
Furthermore, this represents more than one-third of Marin County’s total unsheltered population. The
number of available year-round shelter beds in Marin County remains far below the need. Per Marin
County Health and Human Services (HHS), the County’s homelessness response system currently
supports approximately 235 shelter beds across multiple sites (individual, family, youth, Domestic
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 14
Violence survivors, temporary emergency response) and 108 transitional housing beds. Meanwhile, the
2024 count found a total of 1,090 persons experiencing homelessness in Marin County, of whom
approximately 788 (about 72%) were unsheltered. Accordingly, there are a significant number of persons
within the City of San Rafael who are without the ability to obtain shelter. Further highlighting the need
for emergency shelter beds, over the last three years, the Ritter Center, one of the largest non-profits in
Marin County serving the unhoused community, found that only one out of four individuals they referred
to shelter were accepted.
In addition, a declaration of a shelter crisis must be supported by a finding that homelessness conditions
pose a threat to the health and safety of individuals experiencing homelessness. Since the
implementation of Ordinance 2040 (Camping Ordinance) in October 2024, the City has actively tracked
homelessness-related Calls for Service (CFS) to assess enforcement impacts and public safety
outcomes. (See City Council Agenda Item 6. Staff Report for April 7, 2025 meeting.) Between April and
September 2024, the City recorded an average of 32 CFS per month associated with encampments.
During the first 12 months following ordinance adoption (October 2024–September 2025), the number of
CFS averaged 35 per month. This modest change reflects more consistent and coordinated enforcement
rather than an increase in incidents as this figure includes Campsite Warning Reports which are initiated
by staff, not the community. During the same period, Campsite Warning Reports—the method by which
the City enforces the camping ordinance-- decreased by nearly 39%, suggesting improved compliance
and understanding of new camping regulations.
These citywide trends are mirrored in historically impacted areas, where calls have declined significantly.
Along the Mahon Creek Path, calls for service decreased by over 80% between fiscal year 2023–24 and
fiscal year 2024–25 (256 to 49), and) and calls along Andersen Drive and Lindaro Street fell by more
than 50% (65 to 32). These reductions demonstrate the effectiveness of targeted outreach, proactive site
management, and the City’s engagement with service providers. However, the remaining calls—primarily
medical aid, welfare checks, and other safety-related responses—underscore that individuals who remain
unsheltered continue to experience ongoing risks to their health and safety. For example, in the first
quarter of fiscal year (July-September 2025) the SAFE Team responded to 794 calls for service, with
69% of those calls responding to assist an individual experiencing homelessness.
The Emergency Housing Voucher (EHV) Program, first administered by the U.S. Department of Housing
and Urban Development (HUD) in 2021 to assist individuals and families experiencing or at risk of
homelessness, is slated to lose funding in late 2026. If this funding is not renewed, the impacts will be
acutely felt in Marin County, which already faces one of the largest affordable housing gaps in California.
Without sustained EHV support, vulnerable households—including those exiting homelessness, fleeing
domestic violence, or living with disabilities—would lose a vital stream of assistance that helps them
remain stably housed. This would place added strain on local programs managed by the Marin Housing
Authority, leaving the county’s 115 EHV recipient households at risk of eviction and deepening housing
insecurity among historically marginalized residents. At the same time, uncertainty surrounding the
federal government and the ongoing shutdown threatens to cut off access to the Supplemental Nutrition
Assistance Program (SNAP) for hundreds of Marin County residents—further destabilizing low-income
families who rely on federal safety-net programs for basic needs such as food and shelter.
Taken together, the data shows that while enforcement and outreach strategies have reduced large
unsanctioned encampments and improved compliance with the Camping Ordinance, a substantial
number of people continue to live outdoors without safe or stable shelter. Their continued and frequent
interaction with first responders for emergency health and safety needs illustrates persistent exposure to
harm. Accordingly, these conditions meet the threshold under California Government Code §8698 for
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 15
declaring a shelter crisis, as homelessness in San Rafael continues to pose a direct and ongoing threat
to the health and safety of those experiencing it.
Staff is recommending the City Council adopt a resolution (Attachment 1) declaring a shelter crisis in San
Rafael because the situation of people living without shelter or in severely substandard conditions is such
that immediate improvement in their conditions in warranted to support their health and safety while the
City and private entities are pursing permanent housing.
Concurrent with the action of declaring a shelter crisis, staff is recommending the City Council adopt an
urgency ordinance (Attachment 2) adopting local standards and procedures for the design and site
development of shelters for people experiencing homelessness and the structures and facilities therein
at the City Manager’s discretion for projects of the City of San Rafael on city owned or leased property to
provide emergency housing and declaring the urgency thereof, to take effect immediately.
In addition, with this action, staff is also recommending the City Council introduce and waive the first
reading for an Ordinance (Attachment 3) adopting local standards and procedures for the design and site
development of shelters for people experiencing homelessness and the structures and facilities therein
at the City Manager’s discretion for projects of the City of San Rafael on city owned or leased property to
provide emergency housing and declaring the urgency thereof.
This two-ordinance approach is to provide the City Manager with this delegated authority immediately
until the second ordinance takes effect on December 31, 2025, 30 days from its second reading on
December 1, 2025.
Innovative Partnership for Affordable Housing and Interim Shelter
In furtherance of the City’s homelessness and housing goals and policies, since July 2024 City staff has
been meeting with representatives from the County of Marin’s County Executive Office and Health and
Human Services Department to explore new and innovative approaches to developing much needed
affordable housing and interim shelter in the County. Over the course of this time, the City and County
have developed a Cooperative Agreement, as well held County Supervisor & City Council Joint Housing
and Homelessness Meetings on October 14, 2024 and April 18, 2025 to discuss how both agencies can
work together to address our communities most pressing issues around homelessness and housing. As
a result of these efforts, the City and County are ready to memorialize their new partnership with the
County Agreement and County Affordable Housing Agreement (Attachment 4).
The County of Marin has offered to provide funding to purchase the real property located at 350 Merrydale
Road for use as an interim shelter and future permanent affordable housing in San Rafael. While the City
works to entitle the property for affordable housing, the City and County wish to put the property to use
to help address homelessness, specifically within the City of San Rafael, by establishing a limited-term
interim shelter project. With this approach, the City and County can leverage the City and County’s State
Encampment Resolution Fund- Round 3 Grant, in a manner that improves the interim shelter for
unhoused residents by providing a location away from the road, improved access to facilities, and
improved shelter, such as tiny cabins, which mitigates risks that unhoused individuals face.
Specifically, upon approval by the Marin County Board of Supervisors, the County of Marin will provide a
grant (Attachment 4) to the City of $8,000,000 to support the purchase of the property and initial set-up
of the interim shelter under the following conditions:
• Ownership and Management
o City will purchase and own the property, manage setup of the interim shelter site, and
provide public safety services (Police/Fire/SAFE Team).
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 16
• Interim Shelter Operations
o City and County will split the operating costs until June 30, 2027.
o Up to two extensions beyond June 30, 2027, based on available funding per a City-led
fundraising campaign, in collaboration with the County
o Site closure 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 Drive Encampment; (3) other
encampments in the City of San Rafael.
o No new entries within one year of anticipated closure unless the City and/or County raises
either public or private funds to continue the operation of the interim shelter in a manner
similar to and of the same standard as its operation in its initial year.
• Affordable Housing Development
o City to entitle property for 80 units of affordable housing by June 30, 2028.
o City will make good faith effort to keep affordability levels as low as possible.
o County will contribute $100,000 per entitled unit, up to 80 units; If less than 80 units are
entitled, the City will refund the County $100,000 per unit.
o If the property is not entitled with 80 units of affordable housing by June 30, 2028, or the
City otherwise defaults on either the Grant Agreement or Affordable Housing Agreement,
the City must reimburse the County the full grant of $8 million. The Affordable Housing
Agreement has no end date.
The interim shelter project qualifies as a Low Barrier Navigation Center because it provides individualized
private sleeping units, allowing residents dignity and privacy while they work toward long-term permanent
housing. The program welcomes the “3P’s (pets, possessions, and partners) that often prevent people
from accessing shelter services and will comply with Chapter 6.5 (commencing with section 8255) of
Division 8 of the Welfare and Institutions Code. The site will be operated in partnership with experienced
service providers who will be present on-site daily to offer housing-based case management, behavioral
health support, and other wraparound services as will be outlined in each resident’s individualized service
plan. Additionally, the project will be fully integrated with Marin County’s Coordinated Entry System and
Homeless Management Information System (HMIS), enabling staff on-site to conduct assessments,
making referrals, and connect participants to various permanent housing pathways to expedite positive
housing outcomes. These combined elements of the project ensure that the shelter is accessible, person-
centered, and focused on assisting individuals in transition to permanent housing as quickly as possible.
The owners of 350 Merrydale Road, Ridgewood Properties Partnership, LLC and Merrydale-Clayton,
LLC (collectively, “Owners”), have agreed to sell the City the Property for $6,700,000. The parties have
negotiated a Purchase and Sale Agreement that requires City and Owners to open an escrow and City
to deposit $350,000 into that escrow within three business days after the Purchase and Sale Agreement
is fully executed. Escrow will immediately release the deposit to the Owners, and the deposit will be
nonrefundable unless the Owners breach the Purchase and Sale Agreement or one or more of the
Owners’ representations in the Purchase and Sale Agreement is untrue on the Closing Date. The
proposed purchase price is consistent with the City’s appraisal. In addition, the property owner will pay
fifty percent of the connection fee required by the Las Gallinas Valley Sanitary District (LGVSD),
approximately $156,000, out of escrow to preserve the sewer capacity associated with the entitled 45-
unit townhome development. If the City decides that it cannot benefit from the connection fee, it will seek
a refund of the amount paid from LGVSD to the extent provided by the LGVSD’s policies. If the City
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 17
decides that the future affordable housing development will benefit from the connection fee, the City will
have to pay the outstanding connection fee to LGVSD. Regardless, the City will reimburse the Seller for
the amount of the connect fee payment made from escrow by the seller within one-year of the closing
date. The authorization for the City Manager to make this repayment is requested in the Resolution
associated with the purchase and sale agreement (Attachment 5). The purpose of this is to preserve this
portion of the existing entitlement for any future affordable housing development on the site. Finally,
should there be any legal challenges to the City’s purchase of the Property, the City will be required to
indemnify the Sellers, as well if there are any legal proceedings following the close of escrow for to an
occurrence on the Property after the City takes ownership of the Property.
Accordingly, staff recommends that the City Council adopt the Resolution (Attachment 4) authorizing the
City Manager to negotiate and execute the grant agreement and affordable housing agreement with the
County of Marin to support this partnership for affordable housing and interim shelter. Furthermore, staff
recommends that the City Council adopt the Resolution (Attachment 5) authorizing the City Manager to
negotiate and enter into a purchase and sale agreement and ancillary documents for the property located
at 350 Merrydale Road and enter into a professional services agreement with Cornish and Carey
Commercial (doing business as Newmark) in an amount not to exceed $201,000 to serve as the City of
San Rafael’s real estate broker.
Alignment with Adopted City Goals and Policies
While the 350 Merrydale Road project is not a panacea for all of San Rafael and Marin County’s housing
challenges, implementing an interim shelter for homeless residents and facilitating an affordable housing
development at 350 Merrydale Road will advance many of the City Council’s adopted housing goals, as
demonstrated below in Figure Five.
Figure Six: 350 Merrydale Road Alignment with City Goals
Plan Goal/Policy 350 Merrydale Road Project
Strategic
Plan
Objective D.1.1: In collaboration with the County of
Marin, explore the implementation of a housing-
focused interim shelter program, supported by
robust case management services to assist in
transitioning unhoused community members into
permanent supportive housing, or other permanent
housing solutions.
Project built on collaboration
with County and first phase
centered around
implementation of interim
shelter.
Strategic
Plan
Objective D.1.4: Strategically increase and secure
additional funding sources by leveraging key
partnerships that will support additional programs
that reduce homelessness.
Partnering with the County
unlocks $8 million in funding
for the interim shelter.
Strategic
Plan
Goal D.2: Advance the development of new
housing across all affordability levels to meet the
stat’s regional housing needs allocation (RHNA)
requirements as outlined in the City’s Housing
Element, ensuring diverse, sustainable, and
equitable housing opportunities for all residents.
Affordable housing
development will provide
housing at the most needed
affordability levels.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 18
Housing
Element
Goal H-1: Homelessness: End and prevent
homelessness in San Rafael
Interim shelter will transition
homeless into permanent
housing and affordable
development will reduce cost
burden for future tenants.
Housing
Element
Goal H-4: Housing Choice: Meet housing needs
through a range of housing choices and affordability
levels throughout the city
Affordable housing
development will provide
housing at the most needed
affordability levels.
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.
Interim shelter will serve
homeless individuals through
City-County collaboration.
Housing
Element
Policy H-1.2: Transitional and Supportive Housing:
Support permanent supportive housing for those
who are unhoused or at risk of losing their housing.
Interim shelter will provide
supportive services for
homeless individuals.
Housing
Element
Policy H-1.3: Emergency Shelters: Allow for
emergency shelters in appropriate zoning districts
in order to accommodate San Rafael’s unsheltered
population.
The first phase of the project
consists of an interim shelter.
Housing
Element
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.
The second phase of the
project will result in an
affordable housing
development in North San
Rafael, near Civic Center and
SMART station resources.
Housing
Element
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.
The permanent housing will be
an all-affordable development.
Housing
Element
Policy H-4.14: Commercial to Residential
Conversion: Encourage the adaptive reuse of older
commercial buildings, including office and retail
buildings, for housing.
Adapts unused buildings
onsite for interim shelter
services and eventually
permanent affordable housing
development.
Equity,
Diversity,
and
Inclusion
Element
Goal EDI-3: Housing Stability: Improve housing
stability for all San Rafael residents, particularly
those with low or very low incomes.
Affordable housing
development will provide
permanent housing for low
and very low-income
residents.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 19
On November 4, 2025, at a special meeting, pursuant to Government Code Section 65402, the City’s
Planning Commission considered whether the proposed purchase of the Property would conform with
the City’s General Plan. The Planning Commission adopted Planning Commission Resolution No. 25-
07 reporting that the proposed purchase of the Property for use as an interim shelter and affordable
housing conformed to the City’s General Plan (Attachment 6.).
In addition to advancing the City’s housing goals, the acquisition of 350 Merrydale Road addresses the
practical challenge of locating a site that meets various criteria for a successful project. This property is
the most feasible and cost-effective location. The property consists of over 2.5 acres, including a large
surface parking lot and existing utilities; this provides for quick site preparation, and sufficient space for
both an interim shelter and onsite supportive services in the short term and a permanent affordable
housing development in the long term. 350 Merrydale Road is also attractive due to its proximity to the
Marin Civic Center SMART station, the Civic Center itself, and the US 101 freeway, grocery stores, and
community services; these resources can benefit both interim shelter residents and affordable housing
tenants. Ultimately, viable locations such as 350 Merrydale Road are rare, as demonstrated by the
extensive search over the last two years to secure a suitable site.
ENVIRONMENTAL REVIEW:
Although this staff report discusses a series of actions related to addressing the housing shortage in San
Rafael, each action (either introduction or adoption of an ordinance or adoption of a resolution) serves
different purposes and can be implemented independently. Accordingly, the environmental review for
each action is discussed below.
Attachment 1. Declaration of Shelter Crisis Resolution. The California Environmental Quality Act
(Public Resources Code Section 21000, et seq.) (CEQA) defines a project “as an activity that may cause
either a direct physical change in the environment, or a reasonably foreseeable indirect physical change
in the environment. (Cal. Pub. Res. Code Sec. 21065.) CEQA Guideline 15378 (b)(2), (4), (5) excludes
from the definition of a project general policy, fiscal, and administrative activities. The declaration of a
shelter crisis is a finding that existing conditions satisfy certain criteria in state law. The proposed
resolution does not require any City action. Accordingly, the proposed resolution is not subject to CEQA
because it does not constitute a project. To the extent that it did constitute a project, it would be exempt
from further CEQA review pursuant to CEQA Guideline 15061(b)(3) because there is no possibility that
the declaration of a shelter crisis may have a significant effect on the environment since it merely is
finding that existing conditions meet certain criteria.
Adoption of this resolution is also exempt pursuant to CEQA Guideline 15269(c) as necessary to mitigate
an emergency situation caused by the affordable housing shortage. Specific actions necessary to prevent
or mitigate an emergency are exempt from CEQA. (Cal. Pub. Res. Code Sec. 21080(b)(4); CEQA
Guideline 15269(c).) An emergency means “a sudden, unexpected occurrence, involving a clear and
imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to life, health,
property, or essential public services.” (Cal. Pub. Res. Code Sec. 21060.3; CEQA Guideline 15369.) As
demonstrated throughout this staff report, the lack of affordable housing throughout San Rafael and the
County has reached a tipping point due to the uncertainty of federal housing programs and other safety
net programs under the current federal administration. As of the writing of this staff report, the nation is
experiencing the impacts of an unprecedented shutdown of the federal government.
Attachments 2 and 3. The Urgency Ordinance and Ordinance. The Ordinances are not considered
projects under CEQA because they involve general policy, fiscal, and administrative activities. (See Cal.
Pub. Res. Code Sec. 21065; Gov. Code Sec. 65660(b), 65662; CEQA Guideline 15378(b)(2), (4), (5).)
Both Ordinances are implementing the provisions of Government Code 8698.1 and 8698.4, which shall
apply upon a declaration of a shelter crisis. To the extent the ordinances did constitute a project, they
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 20
would be exempt from further CEQA review pursuant to CEQA Guideline 15061(b)(3) because there is
no possibility that the ordinances may have a significant effect on the environment since they merely are
finding that existing conditions meet certain criteria. Finally, adoption of these Ordinances is exempt
pursuant to CEQA Guideline 15269(c) as necessary to mitigate an emergency situation caused by the
affordable housing shortage.
Attachment 4. Resolution Authorizing County Agreements. Upon declaration of a shelter crisis,
CEQA does not apply to financial assistance or an encumbrance of land owned by a local government
for a homeless shelter. (Cal. Gov. Code Sec. 8694(a)(4).) Further, the agreements are exempt from
CEQA review pursuant to CEQA Guideline 15061(b)(3), because the agreements will not have a
significant effect on the environment. The underlying projects, a temporary homeless shelter or low
barrier navigation center are both uses by right and therefore ministerial projects not subject to CEQA,
pursuant to Public Resources Code section 21080(b)(1) and CEQA Guidelines section 15268(b). (See
also Gov. Code Sec. 65660(b), 65662.) The proposed future affordable housing project is also exempt
from CEQA pursuant to Public Resources Code sections 15183 (Community Plan Exemption) and 15332
(Class 32 Infill), as detailed in the attached CEQA memo (Attachment 7). Finally, adoption of this
Resolution is exempt pursuant to CEQA Guideline 15269(c) as necessary to mitigate an emergency
situation caused by the affordable housing shortage.
Attachment 5. Resolution to Acquire 350 Merrydale Road and to Approve Real Estate Brokerage
Agreement. Upon declaration of a shelter crisis, CEQA does not apply to financial assistance or
conveyance by a local government for a homeless shelter. (Cal. Gov. Code Sec. 8694(a)(4).) Further,
the underlying projects, a temporary homeless shelter or low barrier navigation center are both uses by
right and therefore ministerial projects not subject to CEQA, pursuant to Public Resources Code section
21080(b)(1) and CEQA Guidelines section 15268(b). (See also Gov. Code Sec. 65660(b), 65662.) The
proposed future affordable housing project is also exempt from CEQA pursuant to Public Resources
Code sections 15183 (Community Plan Exemption) and 15332 (Class 32 Infill), as detailed in the attached
CEQA memo. Approval of the brokerage agreement does not constitute a project pursuant to CEQA
Guideline 15378(b)(4), and even if it did constitute a project, approval of the brokerage agreement is
exempt from CEQA pursuant 15061(b)(3) under common sense that it can be seen that the brokerage
agreement will not result in an impact to the environment. Finally, adoption of this Resolution is exempt
pursuant to CEQA Guideline 15269(c) as necessary to mitigate an emergency situation caused by the
affordable housing shortage.
COMMUNITY OUTREACH & NEXT STEPS:
The City is leading community outreach and engagement efforts related to the proposed interim shelter,
in coordination with the County. The City is committed to an ongoing and transparent public process that
ensures community feedback is acknowledged, responded to, and integrated into the project’s design
and operations.
The pending purchase and proposed land uses for the site, were publicly announced on October 15,
2025, after real-estate negotiations were finalized. Real-estate discussions were held in closed session,
consistent with State law to protect the public’s financial interest. Early disclosure can cause sellers to
increase prices or withdraw properties. Once the purchase price was secured between the City and
County was reached – both agencies immediately moved to inform the community.
The project team conducted a comprehensive outreach effort to ensure the surrounding community is
informed, heard, and engaged. Staff outreached a total of 121 households and 23 businesses in the
immediate neighborhood, speaking to residents and business owners while distributing informational
flyers to those who were not home. A virtual community meeting was held on October 28th to provide an
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 21
overview of the interim shelter program, share details about site operations, and answer questions from
residents.
In addition, an in-person, publicly noticed, community open house was held on November 6th, offering
an opportunity for residents to provide their feedback directly to the Mayor and City Councilmembers,
and for residents to engage with staff, service providers, and project partners to answer specific questions
and discuss concerns.
To ensure that residents and businesses who live and work in close proximity to the site are aware of
these opportunities, city staff conducted door-to-door outreach in the surrounding neighborhood,
distributing informational flyers and speaking directly with households and business owners. This
combination of virtual, in-person, and on-the-ground engagement was designed to create multiple entry
points for meaningful community participation.
Important community feedback was received as a result of these efforts and which will continue to inform
site operations, safety concerns and neighborhood impacts (as discussed earlier in this report). The City
continues to keep the project webpage up to date, including Frequently Asked Questions, and responses
to feedback received from the community: Interim Shelter Site at 350 Merrydale Road - San Rafael.
If the City Council approves of staff’s recommendations, the work to establish the interim shelter would
begin. Staff would develop a preliminary interim shelter site plan, and a detailed public engagement plan.
The input received by the community thus far would inform both documents.
The City and County would also hold multiple community meetings to follow up on the input received thus
far, for example:
• The Good Neighbor Policy (quiet hours, loitering around the site and in nearby public spaces,
etc.)
• Preliminary interim shelter site plan (i.e., entrance/exit location, location of units on property),
• Site Security and Neighborhood Safety (i.e., increased security patrols in and around the site
and along the SMART Pathway, regular maintenance of surrounding public spaces, etc.).
• Program Design (i.e., prohibiting registered sex offenders from participating, opportunities for
community to engage with participants, etc.)
• Public Engagement Plan.
The City and County developed a draft Good Neighbor Policy, which sets clear expectations for safety,
communication, and ongoing feedback if the site opens, as well as clear communication channels. The
first version of this Good Neighbor Policy was shared with the community and staff incorporated their
feedback to revise the document into a second version. The current (second) version of this policy is
attached to the Grant Agreement with the County. The City and County will hold additional community
meetings in the coming months to receive more input on the Good Neighbor Policy before it is finalized.
The City and County will report out on how public feedback received from these meetings has been and
incorporated into the final site design, program operations, and Good Neighbor Policy.
In addition, staff would recommend that the City Council approve the procurement of cabins and related
materials at a public meeting, complete the necessary site improvements and utility connections, and the
City’s Building Official issuance of building permits for the interim shelter. If approved, staff anticipate the
interim shelter would open in approximately six months.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 22
Staff would also return to the City Council in Q3 of Fiscal Year 2025-26 with an evaluation of the City’s
regulations for camping on public property (Camping Ordinance), which would include a staff
recommendation to prohibit camping within 2,000 feet of 350 Merrydale (capturing all of the Rafael
Meadows neighborhood), as well as recommendations to improve the ordinance, and to facilitate the
closure of the Andersen Drive encampment.
With respect to the permanent affordable housing development, if approved, staff would take steps to
identify an affordable housing developer, negotiate a disposition and development agreement, and entitle
the affordable housing project, The first step would consist of City staff releasing a Request for Proposals
(RFP) to solicit proposals from affordable housing developers. After reviewing the RFP responses, City
staff would return to City Council with a recommendation on which affordable housing developer the City
Council should authorize entering into an Exclusive Negotiating Agreement (ENA) with. If the City enters
an ENA with an affordable housing developer, the City and the developer would negotiate the terms of a
disposition and development agreement, after which the developer would submit an application with the
City’s Planning Division and move through the land use approval process before June 2028. If the land
use entitlements were obtained, the developer would submit architectural plans that the City’s Building
Division and Fire Department will review for safety. Following plan check approval from the Building
Division and Fire Department and building permit issuance, the developer would then commence
construction of the affordable housing development.
FISCAL IMPACT:
The acquisition of 350 Merrydale Road would be fully funded by the County of Marin through a grant
agreement. Annual interim shelter operating costs are estimated to be approximately $2M annually and
would be split evenly between the City and the County of Marin through June 30, 2027. Funding for this
is made possible through a braided funding approach that combines resources from the City and County’s
State Encampment Resolution Fund- Round 3 Grant, the County’s Affordable Housing Trust Fund, and
local contributions from both the City and County. Continued operations beyond June 30, 2027 would be
supported through fundraising efforts and philanthropic donations.
The County’s Grant provides $100,000 per unit of affordable housing entitled for the property, up to a
maximum amount of $8,000,000. If less than 80 units of affordable housing are ultimately entitled, then
the City would refund the County $100,000 per unit. This refund would be provided from the General
Fund. If the City does not entitle the property by June 30, 2028, the City would refund the entirety of the
$8M grant.
The total cost of the transaction is $6,953,500 which includes the property purchase ($6,700,000),
brokerage fees ($201,000), legal ($50,000), and property appraisal ($2,700).
OPTIONS:
The City Council has the following options to consider on this matter:
1. Adopt the staff recommendation.
2. Direct staff to return with more information.
3. Do not approve the staff recommendation.
RECOMMENDED ACTION:
Staff recommends that the City Council take the following actions:
Adopt the above referenced resolution declaring a shelter crisis in San Rafael pursuant to
California Government Code Section 8698, et seq.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 23
Waive further reading, refer by title only, and adopt the above-referenced urgency ordinance
adopting reasonable local standards and procedures for homeless shelters pursuant to
Government Code Section 8698, et. seq.
Introduce, waive further reading and refer by title only to the above referenced ordinance adopting
reasonable local standards and procedures for homeless shelters pursuant to Government Code
Section 8698, et. Seq.
Adopt the above-referenced resolution authorizing the City Manager to negotiate and execute a
Grant Agreement between the City and the County of Marin in the amount of $8 million and an
Affordable Housing Agreement in a form to be approved by the City Attorney to facilitate the
acquisition of real property located at 350 Merrydale (APNs 179-41-27 & 179-041-28) for use as
an interim shelter and permanent affordable housing and to accept the full amount of the grant
and appropriate $7 million to cover costs related to the acquisition.
Adopt a resolution authorizing the City Manager to negotiate and execute a purchase and sale
agreement in the amount of $6.7 million, plus associated costs, a certificate of acceptance and
other documents necessary to complete the purchase of the real property located at 350
Merrydale Road and to execute a professional services agreement with Cornish and Care
Commercial (d/b/a Newmark) in an amount not to exceed $201,000 for real estate brokerage
services rendered to the City for the City’s purchase of 350 Merrydale Road (APNs 179-41-27 &
179-041-28).
ATTACHMENTS
1. Resolution for Shelter Crisis
2. Urgency Ordinance
3. Ordinance
4. Resolution regarding County Grant and Affordable Housing Agreements
5. Resolution regarding purchase of property located at 350 Merrydale Road and brokerage
agreement
6. Planning Commission Resolution No. 25-07
7. CEQA Memo
8. County Grant Agreement
9. County Affordable Housing Agreement
10. Purchase and Sale Agreement
11. Real Estate Brokerage Agreement
12. Public Comments Received
4926-4741-9768 v1
RESOLUTION NO. 15478
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DECLARING A
SHELTER CRISIS PURSUANT TO GOVERNMENT CODE SECTION 8698, ET SEQ;
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: NOT A
PROJECT PER CEQA GUIDELINES 15378(b)(2),(4),(5); ALTERNATIVELY EXEMPT
PURSUANT TO CEQA GUIDELINE 15061(b)(3) [COMMON SENSE]; 15269(c)
[EMERGENCY]
WHEREAS, the City of San Rafael (City) and Marin County lack both housing supply and
affordable housing. The City’s 2023-2031 Housing Element, the Marin County Civil Grand
Jury’s 2024-2025 report titled “The Worrisome Future of Marin Housing,” and Rooted in Marin, a
2025 analysis of anti-displacement strategies for Marin County, document these unfortunate
realities, as well as the negative consequences of insufficient housing opportunities; and
WHEREAS, for instance, the Rooted in Marin report noted that Marin County has the third
highest median rental rate in California and the cost of purchasing an average home is more
expensive in Marin County than every metropolitan area other than the San Jose Metro Area
(Rooted in Marin p.20); and
WHEREAS, as a result, roughly three in five Marin renter households are cost-burdened,
meaning they dedicate more than 30 percent of their income on housing (Rooted in Marin p.21);
and
WHEREAS, the lack of new housing stock has led to rising Marin County median housing
prices, which increased by over $1 million in the eight-year period between 2013 to 2021, from
$966,000 to $1.91 million, a 98 percent increase (The Worrisome Future of Marin Housing, p.9);
and
WHEREAS, over that same period median household income in Marin County only increased
by 45 percent; and
WHEREAS, the high cost of housing in Marin County is largely due to a lack of housing supply,
which is the result of a dearth of housing construction in recent decades; and
WHEREAS, the adopted San Rafael 2023-2031 Housing Element (Housing Element) states that
San Rafael had 1,247 vacant units in 2010 and 1,163 vacant units in 2020.10 As a percentage
of total housing stock, the vacancy rate declined from 5.2 percent in 2010 to 4.7 percent in
2020. This is lower than the vacancy rate in Marin County, which was 7.2 percent in 2010 and
6.6 percent in 2020.; and
WHEREAS, the Housing Element found that San Rafael renters are considerably cost-burdened
(spending more than 30 percent of one’s income on housing), with 55 percent of San Rafael
renters being cost-burdened and 21 percent of San Rafael’s renter households being severely
cost-burdened (spending more than 50 percent of their income on housing); and
4926-4741-9768 v1
WHEREAS, the 2024 Marin County Point-in-Time Count identified 1,090 individuals
experiencing homelessness countywide, with 788 unsheltered. San Rafael had 326 individuals
experiencing homelessness, including 264 unsheltered; and
WHEREAS, per Marin County Health and Human Services, the County’s homelessness response
system currently supports approximately 235 shelter beds across multiple sites, including
individual, family, youth, domestic violence survivor, and temporary emergency response shelters,
along with 108 transitional housing beds. These available beds fall far short of meeting the need
identified in the 2024 Count; and
WHEREAS, further highlighting the need for emergency shelter beds, over the last three years,
the Ritter Center, which is one of the largest non-profits in Marin County serving the unhoused
community, found that only one out of four individuals they referred to shelter were accepted.
WHEREAS, since the implementation of Ordinance 2040 (Camping Ordinance) in October 2024,
which coincided with the opening of the City’s Sanctioned Camping Area, the City has actively
tracked homelessness-related Calls for Service (CFS) to assess enforcement impacts and public
safety outcomes; and
WHEREAS, the data shows that along the Mahon Creek Path, CFS decreased by over 80%
between FY 2023–24 and FY 2024–25 (256 to 49), and) and calls along Andersen Drive and
Lindaro Street fell by more than 50% (65 to 32); and
WHEREAS, these reductions demonstrate the effectiveness of targeted outreach, proactive site
management, and the City’s engagement with service providers; and
WHEREAS, the remaining CFS—primarily medical aid, welfare checks, and other safety-related
responses—underscore that individuals who remain unsheltered continue to experience ongoing
risks to their health and safety. For example, in the first quarter of FY 25-26 (July-September
2025) the SAFE Team responded to 794 calls for service, with 69% of those calls responding to
assist an individual experiencing homelessness; and
WHEREAS, activities carried out at unauthorized encampments may cause additional
sanitation, health and safety impacts to the surrounding community and natural environment;
and
WHEREAS, the complexity and magnitude of the homelessness crisis and the limited supply of
affordable permanent housing in the city of San Rafael demonstrate that there is a significant
and immediate need for interim housing in the City, including emergency shelters and low
barrier navigation centers, to protect the life, health, and safety of people experiencing
homelessness; and
WHEREAS, strict compliance with the provisions of state and local regulatory statutes,
regulations, and ordinances prescribing standards of housing, health, safety, and environmental
impact assessment may prevent, hinder, or delay emergency housing measures that could be
expedited through a Declaration of Shelter Crisis; and
4926-4741-9768 v1
WHEREAS, pursuant to California Government Code Sections 8698 through 8698.4 (“Shelter
Crisis Act”), local jurisdictions may declare a shelter crisis when a significant number of
residents are without shelter and the situation presents a threat to their health and safety; and
WHEREAS, the City Council finds that immediate action is necessary to protect life, health, and
safety by enabling the City to promptly implement homeless shelters that meet reasonable
health and safety standards; and
WHEREAS, the City Council further finds that such immediate actions are necessary to mitigate
an imminent emergency due to the ongoing affordable housing shortage, for the purposes of the
California Environmental Quality Act (“CEQA”).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael that:
1. Based on the staff report, staff presentation and public comment received, the City
Council hereby finds:
a. That the foregoing recitals are hereby true and correct; and incorporated by
reference; and
b. That a significant number of persons within the City are without the ability to
obtain shelter: and
c. That this situation constitutes a threat to the health and safety of those persons.
d. That the adoption of this resolution does not constitute a project as defined in
Public Resources Code Section 21065 because this resolution is simply a
declaration that existing conditions meet certain state law criteria. (See also
CEQA Guideline 15378 (b)(2), (4), (5).) Further, to the extent that it did
constitute a project, it would be exempt from further CEQA review pursuant to
CEQA Guideline 15061(b)(3) because there is no possibility that the declaration
of a shelter crisis may have a significant effect on the environment since it merely
is finding that existing conditions meet certain criteria. Finally, adoption of this
resolution is exempt pursuant to CEQA Guideline 15269(c) as necessary to
mitigate an emergency situation caused by the affordable housing shortage.
2. The City Council hereby declares that a shelter crisis as that term is used in Government
Code Section 8698(d) exists within the City of San Rafael.
3. This resolution shall take effect immediately upon adoption and shall remain in effect
until terminated by the City Council.
4. Any one of the reasons stated herein as support for the declaration of a shelter crisis
forms a sufficient basis on which to base that determination independent of any other
justification for the determination.
4926-4741-9768 v1
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 said
City on Monday, the 17th day of November 2025, by the following vote, to wit:
AYES: Councilmembers: Bushey, Kertz, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Hill
Lindsay Lara, City Clerk
4915-9294-8600 v1 1
ORDINANCE NO. 2056
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
ADOPTING REASONABLE LOCAL STANDARDS AND PROCEDURES FOR HOMELESS
SHELTERS PURSUANT TO GOVERNMENT CODE SECTIONS 8698, ET SEQ; CEQA
DETERMINATION: NOT A PROJECT PER GOVERNMENT CODE SECTIONS 65660(b),
65662; CEQA GUIDELINE 15378(b)(2), (4), (5); ALTERNATIVELY EXEMPT PURSUANT TO
CEQA GUIDELINES 15061(b)(3) [COMMON SENSE]; 15269(c) [EMERGENCY]
WHEREAS, the City of San Rafael (City) and Marin County lack both housing supply and
affordable housing. The City’s 2023-2031 Housing Element, the Marin County Civil Grand Jury’s
2024-2025 report titled “The Worrisome Future of Marin Housing,” and Rooted in Marin, a 2025
analysis of anti-displacement strategies for Marin County, document these unfortunate realities,
as well as the negative consequences of insufficient housing opportunities; and
WHEREAS, for instance, the Rooted in Marin report noted that Marin County has the third highest
median rental rate in California and the cost of purchasing an average home is more expensive
in Marin County than every metropolitan area other than the San Jose Metro Area (Rooted in
Marin p.20); and
WHEREAS, as a result, roughly three in five Marin renter households are cost-burdened, meaning
they dedicate more than 30 percent of their income on housing (Rooted in Marin p.21); and
WHEREAS, the lack of new housing stock has led to rising Marin County median housing
prices, which increased by over $1 million in the eight-year period between 2013 to 2021, from
$966,000 to $1.91 million, a 98 percent increase (The Worrisome Future of Marin Housing, p.9);
and
WHEREAS, over that same period median household income in Marin County only increased by
45 percent; and
WHEREAS, the high cost of housing in Marin County is largely due to a lack of housing supply,
which is the result of a dearth of housing construction in recent decades; and
WHEREAS, the adopted San Rafael 2023-2031 Housing Element (Housing Element) states that
San Rafael had 1,247 vacant units in 2010 and 1,163 vacant units in 2020.10 As a percentage of
total housing stock, the vacancy rate declined from 5.2 percent in 2010 to 4.7 percent in 2020.
This is lower than the vacancy rate in Marin County, which was 7.2 percent in 2010 and 6.6
percent in 2020.; and
WHEREAS, the Housing Element found that San Rafael renters are considerably cost-burdened
(spending more than 30 percent of one’s income on housing)with 55 percent of San Rafael renters
being cost-burdened and 21 percent of San Rafael’s renter households being severely cost-
burdened (spending more than 50 percent of their income on housing).; and
4915-9294-8600 v1 2
WHEREAS, the 2024 Marin County Point-in-Time Count identified 1,090 individuals experiencing
homelessness countywide, with 788 unsheltered. San Rafael had 326 individuals experiencing
homelessness, including 264 unsheltered; and
WHEREAS, per Marin County Health and Human Services, the County’s homelessness response
system currently supports approximately 235 shelter beds across multiple sites, including
individual, family, youth, domestic violence survivor, and temporary emergency response
shelters, along with 108 transitional housing beds. These available beds fall far short of meeting
the need identified in the 2024 Count; and
WHEREAS, further highlighting the need for emergency shelter beds, over the last three years,
the Ritter Center, which is one of the largest non-profits in Marin County serving the unhoused
community, found that only one out of four individuals they referred to shelter were accepted.
WHEREAS, since the implementation of Ordinance 2040 (Camping Ordinance) in October 2024,
which coincided with the opening of the City’s Sanctioned Camping Area, the City has actively
tracked homelessness-related Calls for Service (CFS) to assess enforcement impacts and public
safety outcomes; and
WHEREAS, the data shows that along the Mahon Creek Path, CFS decreased by over 80%
between FY 2023–24 and FY 2024–25 (256 to 49), and) and calls along Andersen Drive and
Lindaro Street fell by more than 50% (65 to 32); and
WHEREAS, these reductions demonstrate the effectiveness of targeted outreach, proactive site
management, and the City’s engagement with service providers; and
WHEREAS, the remaining CFS—primarily medical aid, welfare checks, and other safety-related
responses—underscore that individuals who remain unsheltered continue to experience ongoing
risks to their health and safety. For example, in the first quarter of FY 25-26 (July-September
2025) the SAFE Team responded to 794 calls for service, with 69% of those calls responding to
assist an individual experiencing homelessness; and
WHEREAS, activities carried out at unauthorized encampments may cause additional sanitation,
health and safety impacts to the surrounding community and natural environment; and
WHEREAS, the complexity and magnitude of the homelessness crisis and the limited supply of
affordable permanent housing in the city of San Rafael demonstrate that there is a significant and
immediate need for interim housing in the city, including emergency shelter and low barrier
navigation center, to protect the life, health, and safety of people experiencing homelessness;
and
WHEREAS, strict compliance with the provisions of state and local regulatory statutes,
regulations, and ordinances prescribing standards of housing, health, safety, and environmental
impact assessment may prevent, hinder, or delay emergency housing measures that could be
expedited through a Declaration of Shelter Crisis; and
4915-9294-8600 v1 3
WHEREAS, pursuant to California Government Code Sections 8698 through 8698.4 (“Shelter
Crisis Act”), local jurisdictions may declare a shelter crisis when a significant number of residents
are without shelter and the situation presents a threat to their health and safety; and
WHEREAS, the Shelter Crisis Act authorizes jurisdictions to adopt reasonable local standards to
expedite shelter development, including both emergency shelters and low barrier navigation
centers, while ensuring protection of health, safety, and sanitation; and
WHEREAS, on November 17, 2025, the San Rafael City Council adopted Resolution No. 15478
declaring a shelter crisis, finding that the number of individuals in San Rafael without shelter
constitutes a threat to their health and safety, and directing staff to return with an ordinance
establishing reasonable local standards and procedures consistent with Government Code
Section 8698; and
WHEREAS, the City Council finds that immediate action is necessary to protect life, health, and
safety by enabling the City to promptly implement homeless shelters that meet reasonable health
and safety standards; and
WHEREAS, the delay required for a standard two-reading ordinance process would hinder the
City’s ability to respond to the urgent needs of unsheltered residents, particularly during the winter
months when exposure risks increase; and
WHEREAS, this ordinance is therefore adopted as an urgency measure, necessary for the
immediate preservation of the public peace, health, and safety of the residents of San Rafael; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN
AS FOLLOWS:
DIVISION 1. URGENCY AND FINDINGS
1. Based upon the duly noticed public hearing at the City Council meeting on November
17, 2025, to consider to consider adoption of this Ordinance, the City Council accepted
all oral and written public comment and the written staff report, the City Council finds that
the above recitals are hereby declared to be true and correct and are incorporated into
this ordinance as findings of the City Council.
2. The facts contained in the above recitals and the Shelter Crisis that has been declared in
the City of San Rafael pursuant to Resolution No. 15478 adopted on November 17,
2025, conclusively demonstrate the urgent need to adopt this ordinance for the
immediate preservation of the public peace, health and safety.
3. Strict compliance with local building approval procedures and/or state or local housing,
health, habitability, planning and zoning, or safety standards, procedures, and laws in
existence at the time of adoption of this ordinance will prevent, hinder, or delay the City’s
efforts to mitigate the effects of its declared Shelter Crisis through:
4915-9294-8600 v1 4
(a) expense and time necessary to obtain the required permits and design suitable
structures;
(b) restricted development patterns under existing zoning code requirements;
(c) delay and staff resources necessary to satisfy the City’s Site Plan and
Architectural Review process; and
(d) limits on the locations where the City can place homeless shelters.
DIVISION 2. ADOPTION OF LOCAL STANDARDS AND PROCEDURES DURING SHELTER
CRISIS.
Purpose and Scope.
The purpose of this Division is to establish reasonable local standards and procedures for the
design, site development, and operation of homeless shelters, as defined in this Division,
located on City-owned or leased property within the City of San Rafael during the period in
which a shelter crisis is declared under California Government Code Sections 8698 through
8698.4 and Resolution No. 15478, adopted by the City Council on November 17, 2025. These
standards provide flexibility for the City to act quickly to protect the health and safety of
unsheltered individuals while maintaining essential requirements for public health, sanitation,
and safety.
Definitions.
“Homeless shelter” means overnight sleeping accommodations, the primary purpose of which is
to provide temporary shelter for the homeless. A homeless shelter may include supportive and
self-sufficiency development services.
Establishment of Homeless Shelters on City-Owned or Leased Property
1. Notwithstanding any provisions of this Division to the contrary, during any period for
which the City Council has declared a shelter crisis within the meaning of Government
Code Sections 8698 et seq., a homeless shelter (as defined in this section) may be
constructed, established and operated on property owned or leased by the City of San
Rafael as a use by right.
2. Pursuant to Government Code Section 8698.4, the City Manager or her designee is
authorized to suspend any housing, health, habitability, planning and zoning, or safety
standards, procedures, or laws as applied to a City homeless shelter as defined in this
Division, except all such projects must comply with the 2019 California Residential
Code Appendix X, and California Building Code Appendix O, and any future standards
adopted by the Department of Housing and Community Development related to
emergency housing or emergency housing facilities. The City Manager, or her designee
is authorized to take any other actions consistent with and/or necessary for the
implementation of this ordinance.
3. Homeless shelters constructed or allowed under this section shall not be subject to the
Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13
of the Health and Safety Code), the Mobilehome Parks Act (Part 2.1 (commencing with
Section 18200) of Division 13 of the Health and Safety Code), the Mobilehome
4915-9294-8600 v1 5
Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of
Division 2 of the Civil Code), or the Recreational Vehicle Park Occupancy Law (Chapter
2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code),
except that disposition of any vehicle or its contents abandoned by its owner shall be
performed pursuant to Chapter 5 (commencing with Section 1980) of Title 5 of Part 4 of
Division 3 of the Civil Code.
DIVISION 3. FILING WITH THE DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT.
Consistent with Government Code Section 8698.4(a)(2)(A)(i), the City Clerk shall file a copy of
this Ordinance with the California Department of Housing and Community Development (HCD)
within ten business days after its adoption.
DIVISION 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
The City Council finds that the adoption of this Ordinance is not a project within the meaning of
the California Environmental Quality Act (CEQA), as defined in Public Resources Code Section
21065 and Section 15378(b)(2), (4), and (5) of the CEQA Guidelines.
This Ordinance establishes administrative procedures and standards for the implementation of
an existing state program authorized under Government Code Sections 8698 through 8698.4,
which does not directly authorize or approve any specific development or physical change in the
environment.
Further, the adoption of this Ordinance is exempt from CEQA under Section 15061(b)(3) of the
CEQA Guidelines because it can be seen with certainty that there is no possibility that the
adoption of this Ordinance, or its implementation, will have a significant effect on the
environment.
Finally, adoption of this Ordinance is exempt pursuant to CEQA Guideline 15269(c) as
necessary to mitigate an emergency situation caused by the affordable housing shortage.
DIVISION 5. SEVERABILITY.
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held
to be invalid, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have adopted this Ordinance and
each section, subsection, sentence, clause, or phrase of it, irrespective of the fact that any one
or more sections, subsections, sentences, clauses, or phrases may be declared invalid.
DIVISION 6. EFFECTIVE DATE; PUBLICATION.
This Ordinance is declared to be an urgency measure adopted pursuant to California Government
Code Section 36937(b) and is necessary for the immediate preservation of the public peace,
health, and safety.
4915-9294-8600 v1 6
The facts constituting the urgency are set forth in the findings above, which demonstrate that a
significant number of persons in the City of San Rafael are without the ability to obtain shelter,
creating a continuing threat to their health and safety. Immediate action is required to authorize
the City to implement temporary emergency shelters and low-barrier navigation centers to
mitigate these threats.
Accordingly, this Ordinance shall take effect and be in full force immediately upon its adoption by
at least a four-fifths (4/5) vote of the City Council.
A summary of this Ordinance shall be published, and a certified copy of the full text shall be posted
in the office of the City Clerk at least five (5) days prior to the City Council meeting at which it is
adopted.
The summary of this Ordinance shall also be published within fifteen (15) days after its adoption,
together with the names of the Councilmembers voting for and against it, in the Marin Independent
Journal, a newspaper of general circulation published and circulated in the City of San Rafael,
Marin County, State of California.
Within fifteen (15) days after adoption, the City Clerk shall post a certified copy of the full text of
this Ordinance in the office of the City Clerk along with the names of those Councilmembers voting
for and against it.
KATE COLIN, Mayor
ATTEST:
LINDSAY LARA, City Clerk
The foregoing Ordinance No. 2056 was adopted at a Regular Meeting of the City Council of the
City of San Rafael, held on the 17th day of November 2025 by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Kertz, Llorens Gulati & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Hill
LINDSAY LARA, City Clerk
4929-8163-7239 v2 1
ORDINANCE NO.
AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
ADOPTING REASONABLE LOCAL STANDARDS AND PROCEDURES FOR HOMELESS
SHELTERS PURSUANT TO GOVERNMENT CODE SECTIONS 8698, ET SEQ; CEQA
DETERMINATION: NOT A PROJECT PER GOVERNMENT CODE SECTIONS 65660(b),
65662; CEQA GUIDELINE 15378(b)(2), (4), (5); ALTERNATIVELY EXEMPT PURSUANT TO
CEQA GUIDELINES 15061(b)(3) [COMMON SENSE]; 15269(c) [EMERGENCY]
WHEREAS, the City of San Rafael (City) and Marin County lack both housing supply and
affordable housing. The City’s 2023-2031 Housing Element, the Marin County Civil Grand
Jury’s 2024-2025 report titled “The Worrisome Future of Marin Housing,” and Rooted in Marin, a
2025 analysis of anti-displacement strategies for Marin County, document these unfortunate
realities, as well as the negative consequences of insufficient housing opportunities; and
WHEREAS, for instance, the Rooted in Marin report noted that Marin County has the third
highest median rental rate in California and the cost of purchasing an average home is more
expensive in Marin County than every metropolitan area other than the San Jose Metro Area
(Rooted in Marin p.20); and
WHEREAS, as a result, roughly three in five Marin renter households are cost-burdened,
meaning they dedicate more than 30 percent of their income on housing (Rooted in Marin p.21);
and
WHEREAS, the lack of new housing stock has led to rising Marin County median housing
prices, which increased by over $1 million in the eight-year period between 2013 to 2021, from
$966,000 to $1.91 million, a 98 percent increase (The Worrisome Future of Marin Housing, p.9);
and
WHEREAS, over that same period median household income in Marin County only increased
by 45 percent; and
WHEREAS, the high cost of housing in Marin County is largely due to a lack of housing supply,
which is the result of a dearth of housing construction in recent decades; and
WHEREAS, the adopted San Rafael 2023-2031 Housing Element (Housing Element) states
that San Rafael had 1,247 vacant units in 2010 and 1,163 vacant units in 2020.10 As a
percentage of total housing stock, the vacancy rate declined from 5.2 percent in 2010 to 4.7
percent in 2020. This is lower than the vacancy rate in Marin County, which was 7.2 percent in
2010 and 6.6 percent in 2020.; and
WHEREAS, the Housing Element found that San Rafael renters are considerably cost-
burdened (spending more than 30 percent of one’s income on housing) with 55 percent of San
Rafael renters being cost-burdened and 21 percent of San Rafael’s renter households being
severely cost-burdened (spending more than 50 percent of their income on housing); and
4929-8163-7239 v2 2
WHEREAS, the 2024 Marin County Point-in-Time Count identified 1,090 individuals
experiencing homelessness countywide, with 788 unsheltered. San Rafael had 326 individuals
experiencing homelessness, including 264 unsheltered; and
WHEREAS, per Marin County Health and Human Services, the County’s homelessness
response system currently supports approximately 235 shelter beds across multiple sites,
including individual, family, youth, domestic violence survivor, and temporary emergency
response shelters, as well as 108 transitional housing beds. These available beds fall far short
of meeting the need identified in the 2024 Count; and
WHEREAS, further highlighting the need for emergency shelter beds, over the last three years,
the Ritter Center, which is one of the largest non-profits in Marin County serving the unhoused
community, found that only one out of four individuals they referred to shelter were accepted.
WHEREAS, since the implementation of Ordinance 2040 (Camping Ordinance) in October 2024,
which coincided with the opening of the City’s Sanctioned Camping Area, the City has actively
tracked homelessness-related Calls for Service (CFS) to assess enforcement impacts and public
safety outcomes; and
WHEREAS, the data shows that along the Mahon Creek Path, CFS decreased by over 80%
between FY 2023–24 and FY 2024–25 (256 to 49), and) and calls along Andersen Drive and
Lindaro Street fell by more than 50% (65 to 32); and
WHEREAS, these reductions demonstrate the effectiveness of targeted outreach, proactive site
management, and the City’s engagement with service providers; and
WHEREAS, the remaining CFS—primarily medical aid, welfare checks, and other safety-related
responses—underscore that individuals who remain unsheltered continue to experience ongoing
risks to their health and safety. For example, in the first quarter of FY 25-26 (July-September
2025) the SAFE Team responded to 794 calls for service, with 69% of those calls responding to
assist an individual experiencing homelessness; and
WHEREAS, activities carried out at unauthorized encampments may cause additional
sanitation, health and safety impacts to the surrounding community and natural environment;
and
WHEREAS, the complexity and magnitude of the homelessness crisis and the limited supply of
affordable permanent housing in the city of San Rafael demonstrate that there is a significant
and immediate need for interim housing in the city, including emergency shelter and low barrier
navigation center, to protect the life, health, and safety of people experiencing homelessness;
and
WHEREAS, strict compliance with the provisions of state and local regulatory statutes,
regulations, and ordinances prescribing standards of housing, health, safety, and environmental
impact assessment may prevent, hinder, or delay emergency housing measures that could be
expedited through a Declaration of Shelter Crisis; and
4929-8163-7239 v2 3
WHEREAS, pursuant to California Government Code Sections 8698 through 8698.4 (“Shelter
Crisis Act”), local jurisdictions may declare a shelter crisis when a significant number of
residents are without shelter and the situation presents a threat to their health and safety; and
WHEREAS, the Shelter Crisis Act authorizes jurisdictions to adopt reasonable local standards
to expedite shelter development, including both emergency shelters and low barrier navigation
centers, while ensuring protection of health, safety, and sanitation; and
WHEREAS, on November 17, 2025, the San Rafael City Council adopted Resolution No.
[XXXX] declaring a shelter crisis, finding that the number of individuals in San Rafael without
shelter constitutes a threat to their health and safety, and directing staff to return with an
ordinance establishing reasonable local standards and procedures consistent with Government
Code Section 8698; and
WHEREAS, the City Council finds that immediate action is necessary to protect life, health, and
safety by enabling the City to promptly implement homeless shelters that meet reasonable
health and safety standards; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN
AS FOLLOWS:
DIVISION 1. FINDINGS
1. Based upon the duly noticed public hearing at the City Council meeting on November 17,
2025, to consider to consider adoption of this Ordinance, the City Council accepted all oral and
written public comment and the written staff report, the City Council finds that the above recitals
are hereby declared to be true and correct and are incorporated into this ordinance as findings
of the City Council.
2. The facts contained in the above recitals, the Shelter Crisis that has been declared in the City
of San Rafael pursuant to Resolution No. xxx. adopted on November 17, 2025, and Ordinance
No. xx conclusively demonstrate the urgent need to adopt this ordinance for the immediate
preservation of the public peace, health and safety.
3. Strict compliance with local building approval procedures and/or state or local housing,
health, habitability, planning and zoning, or safety standards, procedures, and laws in existence
at the time of adoption of this ordinance will prevent, hinder, or delay the City’s efforts to
mitigate the effects of its declared Shelter Crisis through:
a. expense and time necessary to obtain the required permits and design suitable
structures;
b. restricted development patterns under existing zoning code requirements;
4929-8163-7239 v2 4
c. delay and staff resources necessary to satisfy the City’s Site Plan and Architectural
Review process; and
d. limits on the locations where the City can place homeless shelters.
DIVISION 2. ADOPTION OF LOCAL STANDARDS AND PROCEDURES DURING SHELTER
CRISIS.
A. Purpose and Scope.
The purpose of this Division is to establish reasonable local standards and procedures for the
design, site development, and operation of homeless shelters, as defined in this Division located
on City-owned or leased property within the City of San Rafael during the period in which a
shelter crisis is declared under California Government Code Sections 8698 through 8698.4 and
Resolution No. [XXXX], adopted by the City Council on November 17, 2025. These standards
provide flexibility for the City to act quickly to protect the health and safety of unsheltered
individuals while maintaining essential requirements for public health, sanitation, and safety.
B. Definitions.
“Homeless shelter” means overnight sleeping accommodations, the primary purpose of which
is to provide temporary shelter for the homeless. A homeless shelter may include supportive
and self-sufficiency development services..
C. Establishment of Homeless shelters on City-Owned or Leased Property
1. Notwithstanding any provisions of this Division to the contrary, during any period for
which the City Council has declared a shelter crisis within the meaning of Government
Code Sections 8698 et seq., a homeless shelter (as defined in this section) may be
constructed, established and operated on property owned or leased by the City of San
Rafael as a use by right.
2. Pursuant to Government Code Section 8698.4, the City Manager or her designee is
authorized to suspend any housing, health, habitability, planning and zoning, or safety
standards, procedures, or laws as applied to a City homeless shelter as defined in this
Division, except all such projects must comply with the 2019 California Residential
Code Appendix X, and California Building Code Appendix O, and any future standards
adopted by the Department of Housing and Community Development related to
emergency housing or emergency housing facilities. The City Manager, or her designee
is authorized to take any other actions consistent with and/or necessary for the
implementation of this ordinance.
3. Homeless shelters constructed or allowed under this section shall not be subject to the
Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13
of the Health and Safety Code), the Mobilehome Parks Act (Part 2.1 (commencing with
Section 18200) of Division 13 of the Health and Safety Code), the Mobilehome
Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of
Division 2 of the Civil Code), or the Recreational Vehicle Park Occupancy Law (Chapter
2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code),
4929-8163-7239 v2 5
except that disposition of any vehicle or its contents abandoned by its owner shall be
performed pursuant to Chapter 5 (commencing with Section 1980) of Title 5 of Part 4 of
Division 3 of the Civil Code.
DIVISION 3. FILING WITH THE DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT.
Consistent with Government Code Section 8698.4(a)(2)(A)(i), the City Clerk shall file a copy of
this Ordinance with the California Department of Housing and Community Development (HCD)
within ten business days after its adoption.
DIVISION 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
The City Council finds that the adoption of this Ordinance is not a project within the meaning of
the California Environmental Quality Act (CEQA), as defined in Public Resources Code Section
21065 and Section 15378(b)(2), (4), and (5) of the CEQA Guidelines.
This Ordinance establishes administrative procedures and standards for the implementation of
an existing state program authorized under Government Code Sections 8698 through 8698.4,
which does not directly authorize or approve any specific development or physical change in the
environment.
Further, the adoption of this Ordinance is exempt from CEQA under Section 15061(b)(3) of the
CEQA Guidelines because it can be seen with certainty that there is no possibility that the
adoption of this Ordinance, or its implementation, will have a significant effect on the
environment.
Finally, adoption of this Ordinance is exempt pursuant to CEQA Guideline 15269(c) as
necessary to mitigate an emergency situation caused by the affordable housing shortage.
DIVISION 5. SEVERABILITY.
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held
to be invalid, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have adopted this Ordinance and
each section, subsection, sentence, clause, or phrase of it, irrespective of the fact that any one
or more sections, subsections, sentences, clauses, or phrases may be declared invalid.
DIVISION 6. EFFECTIVE DATE; PUBLICATION.
A summary of this Ordinance shall be published and a certified copy of the full text of this
Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council
meeting at which it is adopted.
This Ordinance shall be in full force and effect thirty (30) days after its final passage, and
the summary of this Ordinance shall be published within fifteen (15) days after the adoption,
together with the names of those Councilmembers voting for or against same, in the Marin
4929-8163-7239 v2 6
Independent Journal, a newspaper of general circulation published and circulated in the City of
San Rafael, Marin County, State of California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the
City Clerk a certified copy of the full text of this Ordinance, along with the names of those
Councilmembers voting for or against the Ordinance.
______________________
KATE COLIN, Mayor
ATTEST:
______________________
LINDSAY LARA, City Clerk
The foregoing Ordinance No. ____ was adopted at a Regular Meeting of the City Council of the
City of San Rafael, held on the ___ day of ___ 20__ by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
______________________
LINDSAY LARA, City Clerk
4915-0440-7928 v1 1
RESOLUTION NO. 15479
A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A
GRANT AGREEMENT BETWEEN THE CITY AND COUNTY OF MARIN IN THE AMOUNT OF
$8 MILLION AND AFFORDABLE HOUSING AGREEMENT IN A FORM TO BE APPROVED BY
THE CITY ATTORNEY TO FACILITATE THE ACQUISITION OF THE REAL PROPERTY
LOCATED AT 350 MERRYDALE ROAD (APNS 179-041-27 & 179-041-28) FOR USE AS AN
INTERIM SHELTER AND PERMANENT AFFORDABLE HOUSING AND TO ACCEPT THE
FULL AMOUNT OF THE GRANT AND APPROPRIATE $7.0 MILLION TO COVER COSTS
RELATED TO ACQUISITION; CEQA DETERMINATION: NOT A PROJECT PER
GOVERNMENT CODE SECTIONS 8698.4(a)(4); 65660(b), 65662; PUBLIC RESOURCES
CODE SECTION 21080(b)(1)[MINISTERIAL PROJECT]; CEQA GUIDELINE 15268(b)
[MINISTERIAL PROJECT]; EXEMPT PURSUANT TO CEQA PUBLIC RESOURCES CODE
SECTION 15183 [CONSISTENT WITH GENERAL PLAN POLICIES]; CEQA GUIDELINES
15269(c) [EMERGENCY]; 15332 [INFILL]
WHEREAS, the City of San Rafael faces a lack of housing supply and affordable housing,
as documented in the City’s 2023-2031 Housing Element, the Marin County Civil Grand Jury’s
2024-2025 report titled “The Worrisome Future of Marin Housing,” and Rooted in Marin, a 2025
analysis of anti-displacement strategies for Marin County; and
WHEREAS, the City has adopted housing specific goals, policies, and programs to
address the lack of housing supply and affordable housing; and
WHEREAS, on May 15, 2023 the San Rafael City Council adopted Resolution No. 15215,
adopting the City’s 2023-2031 Housing Element; and
WHEREAS, the Housing Element’s Housing Action Plan included Goal H-1:
Homelessness: End and prevent homelessness in San Rafael as well as Goal H-4: Housing
Choice: Meet housing needs through a range of housing choices and affordability levels
throughout the city; and
WHEREAS, the Housing Action Plan identified policies to advance its goals, including:
• Policy H-1.1: Collaboration and Coordination
o Work with the County of Marin, local supportive service providers, and housing and
social justice organizations to assist persons experiencing homelessness.
• Policy H-1.2: Transitional and Supportive Housing
o Support permanent supportive housing for those who are unhoused or at risk of
losing their housing.
• Policy H-1.3: Emergency Shelters
o Allow for emergency shelters in appropriate zoning districts in order to
accommodate San Rafael’s unsheltered population.
• Policy H-4.1: Equitable Distribution of Affordable Housing
o Encourage the creation of affordable housing opportunities in all parts of the city,
including areas where such housing does not exist today.
• Policy H-4.4: Affordability of Projects on Public Land
o Prioritize the development of affordable housing rather than market rate units on
surplus public land.
• Policy H-4.14: Commercial to Residential Conversion
4915-0440-7928 v1 2
o Encourage the adaptive reuse of older commercial buildings, including office and
retail buildings, for housing; and
WHEREAS, on June 2, 2025 the San Rafael City Council adopted Resolution No. 15420
to adopt the City’s Three-Year Strategic Plan for Fiscal Years 2025-2028; and
WHEREAS, the Strategic Plan included Priority Area D: Housing and Homelessness:
Facilitate new housing development, assist in ensuring housing stability, support a “Housing First”
model, and implement strategies that reduce homelessness; and
WHEREAS, the Strategic Plan Priority Area D includes Goal D.1.1: In collaboration with
the County of Marin, explore the implementation of a housing-focused interim shelter program,
supported by robust case management services to assist in transitioning unhoused community
members into permanent supportive housing, or other permanent housing solutions; and
WHEREAS, the Strategic Plan Priority Area D also includes Goal D.1.4: Strategically
increase and secure additional funding sources by leveraging key partnerships that will support
additional programs that reduce homelessness; and
WHEREAS, the Strategic Plan further includes Goal D.2: Advance the development of
new housing across all affordability levels to meet the stat’s regional housing needs allocation
(RHNA) requirements as outlined in the City’s Housing Element, ensuring diverse, sustainable,
and equitable housing opportunities for all residents; and
WHEREAS, as part of the City’s Equity, Diversity and Inclusion Element, San Rafael’s
2040 General Plan includes Goal EDI-3: Housing Stability: Improve housing stability for all San
Rafael residents, particularly those with low or very low incomes; and
WHEREAS, in 2025 the County of Marin coordinated Rooted in Marin, an analysis of
housing in Marin County and strategies for anti-displacement; and
WHEREAS, the Rooted in Marin report found that the lack of housing supply and
affordable housing in Marin County have led to sustained population loss since 2018, particularly
of low-income households making less than 50 percent of the area median income (AMI), as well
as increased greenhouse gas emissions from workers commuting to Marin County, and lost
economic opportunities due to people not being able to afford living in Marin County; and
WHEREAS, in the spring of 2025, Newmark informed the City about an opportunity to to
purchase the 2.5 acres property located at 350 Merrydale Road/3833 Redwood Highway,
Assessor’s Parcel Number (APN): 179-041-27 and 179-041-28 (hereinafter referred to as
“Property”), which had been placed on the open market for sale by its owners; and
WHEREAS, on November 17, 2025, the City Council adopted a resolution declaring a
Shelter Crisis pursuant to the Shelter Crisis Act (Gov. Code section 8698 et seq.)
4915-0440-7928 v1 3
WHEREAS, the City now desires to acquire and use the Property for an interim shelter,
which includes a low barrier navigation center, to provide shelter to up to 65 individuals at a given
time, with good faith efforts to prioritize placement of unhoused individuals located at the City’s
current Sanctioned Camping Area, followed by the Andersen Road Encampment, and then other
encampments in the City at the interim shelter on the Property; and
WHEREAS, the City later intends to use the Property for up to 80 units of permanent
affordable housing, and the City will make a good faith effort to keep affordability levels as low as
possible dependent on funding and other factors developed in the project’s proforma; and
WHEREAS, to advance the goals of reducing homelessness and providing more
affordable housing opportunities, the City and County of Marin (“County”) have agreed to partner
on the acquisition of 350 Merrydale, which will serve initially as an interim shelter for unhoused
individuals and subsequently a permanent affordable housing development project, with the
County providing an $8 million grant (“Grant”) for the acquisition of the Property to use it as an
interim shelter and permanent affordable housing, allowing the use of the City and County’s State
Encampment Resolution Fund- Round 3 Grant to operate an interim shelter; and
WHEREAS, at its November 18, 2025, meeting, the Board of Supervisors will consider
authorizing the making of the Grant based on the terms and conditions as set forth in the Grant
Agreement and the Affordable Housing Agreement attached to the accompanying staff report;
and
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of San Rafael as
follows:
1. Findings:
a. Based upon the accompanying staff report, its attachments, the staff
presentation and written and verbal comment submitted before and during the
public hearing, the City Council finds the foregoing recitals true and correct.
b. California Environmental Quality Act (“CEQA”). Upon declaration of a shelter
crisis, CEQA does not apply to financial assistance or an encumbrance of land
owned by a local government for a homeless shelter. (Cal. Gov. Code Sec.
8694(a)(4).) Further, execution of the Grant Agreement and Affordable
Housing Agreement is exempt from CEQA review pursuant to CEQA Guideline
15061(b)(3), because it can be seen with certainty that there is no possibility
that their execution may have a significant effect on the environment. The
underlying projects, a temporary homeless shelter or low barrier navigation
center are both uses by right and therefore ministerial projects not subject to
CEQA, pursuant to Public Resources Code section 21080(b)(1) and CEQA
Guidelines section 15268(b). (See also Gov. Code Sec. 65660(b), 65662.)
The proposed interim shelter and future affordable housing project are also
exempt from CEQA pursuant to Public Resources Code sections 15183
(Community Plan Exemption) and 15332 (Class 32 Infill), as detailed in the
attached CEQA memo (Attachment 7). Finally, adoption of this Resolution is
exempt pursuant to CEQA Guideline 15269(c) as necessary to mitigate an
emergency situation caused by the affordable housing shortage.
4915-0440-7928 v1 4
2. The City Manager is authorized to negotiate and execute the grant agreement in the
amount of $8 million with the County of Marin and the Affordable Housing Agreement
with the County of Marin in a form to be approved by the City Attorney or designee to
facilitate the acquisition of the Property for use as an interim shelter and permanent
affordable housing; and
3. The City Manager is authorized to accept the full amount of the Grant and to
appropriate $7 million, to cover costs related to acquisition of the Property; and
4. The City Manager or designee is authorized to take any action necessary or incidental
to carrying out the intention of this Resolution.
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 said
City on Monday, the 17th day of November 2025, by the following vote, to wit:
AYES: Councilmembers: Bushey, Kertz, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Hill
Lindsay Lara, City Clerk
4926-0427-1479 v5 1
RESOLUTION NO. 15480
A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A
PURCHASE AND SALE AGREEMENT IN THE AMOUNT OF $6.7 MILLION, PLUS
ASSOCIATED COSTS; TO EXECUTE A CERTIFICATE OF ACCEPTANCE AND OTHER
DOCUMENTS NECESSARY TO COMPLETE THE PURCHASE OF THE REAL PROPERTY
LOCATED AT 350 MERRYDALE ROAD; AND TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH CORNISH AND CAREY COMMERCIAL (D/B/A NEWMARK) IN AN
AMOUNT NOT TO EXCEED $201,000 FOR REAL ESTATE BROKERAGE SERVICES
RENDERED TO THE CITY FOR THE CITY’S PURCHASE OF 350 MERRYDALE ROAD (APNS
179-041-27 & 179-041-28); CEQA DETERMINATION: NOT A PROJECT PER GOVERNMENT
CODE SECTIONS 8698.4(a)(4); 65660(b), 65662; PUBLIC RESOURCES CODE SECTION
21080(b)(1) [MINISTERIAL PROJECT]; CEQA GUIDELINE 15268(b) [MINISTERIAL
PROJECT]; EXEMPT PURSUANT TO CEQA PUBLIC RESOURCES CODE SECTION 15183
[CONSISTENT WITH GENERAL PLAN POLICIES]; CEQA GUIDELINES 15269(c)
[EMERGENCY]; 15332 [INFILL]; 15061(b)(3) [COMMON SENSE]; 15378(b)(4) [FISCAL
ACTIVITY] .
WHEREAS, the City of San Rafael (“City”) faces a lack of housing supply and affordable
housing, as documented in the City’s 2023-2031 Housing Element, the Marin County Civil Grand
Jury’s 2024-2025 report titled “The Worrisome Future of Marin Housing,” and Rooted in Marin, a
2025 analysis of anti-displacement strategies for Marin County; and
WHEREAS, the City has adopted housing specific goals, policies, and programs to
address the lack of housing supply and affordable housing; and
WHEREAS, on May 15, 2023 the City Council of the City adopted Resolution No. 15215,
adopting the City’s 2023-2031 Housing Element; and
WHEREAS, the Housing Element’s Housing Action Plan included Goal H-1:
Homelessness: End and prevent homelessness in San Rafael as well as Goal H-4: Housing
Choice: Meet housing needs through a range of housing choices and affordability levels
throughout the city; and
WHEREAS, the Housing Action Plan identified policies to advance its goals, including:
• Policy H-1.1: Collaboration and Coordination
o Work with the County of Marin, local supportive service providers, and housing and
social justice organizations to assist persons experiencing homelessness.
• Policy H-1.2: Transitional and Supportive Housing
o Support permanent supportive housing for those who are unhoused or at risk of
losing their housing.
• Policy H-1.3: Emergency Shelters
o Allow for emergency shelters in appropriate zoning districts in order to
accommodate San Rafael’s unsheltered population.
• Policy H-4.1: Equitable Distribution of Affordable Housing
o Encourage the creation of affordable housing opportunities in all parts of the city,
including areas where such housing does not exist today.
• Policy H-4.4: Affordability of Projects on Public Land
4926-0427-1479 v5 2
o Prioritize the development of affordable housing rather than market rate units on
surplus public land.
• Policy H-4.14: Commercial to Residential Conversion
o Encourage the adaptive reuse of older commercial buildings, including office and
retail buildings, for housing; and
WHEREAS, on June 2, 2025 the San Rafael City Council adopted Resolution No. 15420
to adopt the City’s Three-Year Strategic Plan for Fiscal Years 2025-2028; and
WHEREAS, the Strategic Plan included Priority Area D: Housing and Homelessness:
Facilitate new housing development, assist in ensuring housing stability, support a “Housing First”
model, and implement strategies that reduce homelessness; and
WHEREAS, the Strategic Plan Priority Area D includes Goal D.1.1: In collaboration with
the County of Marin, explore the implementation of a housing-focused interim shelter program,
supported by robust case management services to assist in transitioning unhoused community
members into permanent supportive housing, or other permanent housing solutions; and
WHEREAS, the Strategic Plan Priority Area D also includes Goal D.1.4: Strategically
increase and secure additional funding sources by leveraging key partnerships that will support
additional programs that reduce homelessness; and
WHEREAS, the Strategic Plan further includes Goal D.2: Advance the development of
new housing across all affordability levels to meet the stat’s regional housing needs allocation
(RHNA) requirements as outlined in the City’s Housing Element, ensuring diverse, sustainable,
and equitable housing opportunities for all residents; and
WHEREAS, as part of the City’s Equity, Diversity and Inclusion Element, San Rafael’s
2040 General Plan includes Goal EDI-3: Housing Stability: Improve housing stability for all San
Rafael residents, particularly those with low or very low incomes; and
WHEREAS, in 2025 the County of Marin coordinated Rooted in Marin, an analysis of
housing in Marin County and strategies for anti-displacement; and
WHEREAS, the Rooted in Marin report found that the lack of housing supply and
affordable housing in Marin County have led to sustained population loss since 2018, particularly
loss of low-income households making less than 50 percent of the area median income (AMI), as
well as increased greenhouse gas emissions from workers commuting to Marin County, and lost
economic opportunities due to people not being able to afford living in Marin County; and
WHEREAS, the City has utilized the real estate brokerage services of Cornish & Carey
Commercial (d/b/a Newmark) to locate a property with a willing seller, which City could purchase
to use as an interim shelter and/or permanent affordable housing within the City limits in fulfillment
of City goals; and
4926-0427-1479 v5 3
WHEREAS, Newmark is a real estate brokerage firm, providing a full range of commercial
real estate services to its clients, and is located in San Rafael, with specific knowledge of the San
Rafael real estate market; and
WHEREAS, the purchase of real estate requires specialized knowledge best provided by
licensed real estate professionals; and
WHEREAS, in the spring of 2025, Newmark informed the City about the opportunity to
purchase 2.5 acres of property located at 350 Merrydale Road/3833 Redwood Highway and
identified as Marin County Assessor’s Parcel Number (APN): 179-041-27 and 179-041-28
(hereinafter referred to as “Property”) shortly after the Property was listed for sale; and
WHEREAS, Ridgewood Properties Partnership, LLC, a California Limited Liability
Company and Merrydale-Clayton LLC, a California Limited Liability Company (collectively,
“Owners”) presently own the Property,
WHEREAS, City retained a certified appraiser to prepare an appraisal of the Property for
the City;
WHEREAS, staff has negotiated a Purchase and Sale Agreement and Joint Escrow
Instructions (“Purchase and Sale Agreement”) with the Owners;
WHEREAS, the purchase price for the Property is consistent with its appraised fair market
value; and
WHEREAS, the City intends to use the Property for an interim shelter, which includes a
low barrier navigation center, to provide shelter to 65 individuals at a given time, with good faith
efforts to prioritize placement of unhoused individuals located at the City’s current Sanctioned
Camping Area, followed by the Andersen Road Encampment, and then other encampments in
the City at the interim shelter on the Property; and
WHEREAS, the City also intends to use the Property for 80 units of permanent affordable
housing, and the City will make a good faith effort to keep affordability levels as low as possible
dependent on funding and other factors developed in the project’s proforma; and
WHEREAS, on November 4, 2025, the City’s Planning Commission adopted Planning
Commission Resolution No. 25-07, rendering a report that the City’s acquisition of the Property
conformed with the City’s General Plan; and
WHEREAS, to advance the goals of reducing homelessness and providing more
affordable housing opportunities, the City and County of Marin (“County”) have agreed to partner
on the acquisition of the Property, which will serve initially as an interim shelter for unhoused
individuals and subsequently a permanent affordable housing development project, with the
County providing an $8 million grant (“Grant”) to finance City’s purchase of the Property and
4926-0427-1479 v5 4
WHEREAS, to use the Property as an interim shelter and permanent affordable housing,
allowing the use of the City and County’s State Encampment Resolution Fund- Round 3 Grant to
operate an interim shelter; and
WHEREAS, at its November 18, 2025, meeting, the County’s Board of Supervisors will
consider authorizing the making of the Grant based on the terms and conditions as set forth in
the Grant Agreement and the Affordable Housing Agreement attached to the accompanying staff
report; and
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of San Rafael as
follows:
1. Findings:
a. Based upon the accompanying staff report, its attachments, the staff
presentation and written and verbal comment submitted before and during the
public hearing, the City Council finds the foregoing recitals true and correct.
b. California Environmental Quality Act (“CEQA”). Upon declaration of a shelter
crisis, CEQA does not apply to financial assistance or conveyance by a local
government for a homeless shelter. (Cal. Gov. Code Sec. 8698.4(a)(4).)
Further, the underlying projects, a temporary homeless shelter or low barrier
navigation center, are both uses by right and therefore ministerial projects not
subject to CEQA, pursuant to Public Resources Code section 21080(b)(1) and
CEQA Guidelines section 15268(b) (see also Gov. Code sections 65660(b),
65662). The proposed future affordable housing project is also exempt from
CEQA pursuant to Public Resources Code sections 15183 (Community Plan
Exemption) and 15332 (Class 32 Infill). Approval of the brokerage agreement
does not constitute a project pursuant to CEQA Guideline 15378(b)(4), and
even if it did constitute a project, approval of the brokerage agreement is
exempt from CEQA pursuant 15061(b)(3) under common sense that it can be
seen that the brokerage agreement will not result in an impact to the
environment. Finally, adoption of this Resolution is exempt pursuant to CEQA
Guideline 15269(c) as necessary to mitigate an emergency situation caused
by the affordable housing shortage. The procurement of professional services
by Newmark is exempt from competitive bidding pursuant to San Rafael
Municipal Code Section 2.55.100.D and Newmark has demonstrated the
competence and the necessary real estate license to render real estate
brokerage services.
2. The purchase price for the Property is consistent with the appraiser’s determination of
the fair market value of the Property;
3. Contingent upon the County authorizing execution of the County Grant Agreement at
its November 18, 2025 meeting, the City Manager is authorized to negotiate and
execute the Purchase and Sale Agreement for the Property, subject to such further
minor conforming, technical or clarifying changes or revisions as may be agreed to
and approved by the City Manager and City Attorney, which do not materially increase
the obligations of the City thereunder, and to execute said Purchase and Sale
Agreement for the Property after the Court hears the application for an ex parte order
filed on November 12, 2025, by the petitioners/plaintiffs in Ken Dickinson,et al. v City
of San Rafael, et al., Marin Superior Court Case No. CV 008170, provided the Court
4926-0427-1479 v5 5
rules on the application for the ex parte order on or before November 24, 2025; if the
Court does not rule on the application for the ex parte order by 5:00 p.m. on November
24, 2025, and the County has authorized the execution of the County Grant
Agreement, upon the recommendation of the City Attorney, the City Manager is
authorized to sign the Purchase and Sale Agreement; and
4. Contingent upon the County authorizing execution of the County Grant Agreement at
its November 18, 2025 meeting, the City Manager is authorized to execute ancillary
documents that are necessary to compete the purchase, including a certificate of
acceptance of a Grant Deed of the Property, each in a form approved by the City
Attorney or designee; and
5. Contingent upon the County authorizing execution of the County Grant Agreement at
its November 18, 2025 meeting, the City Manager is authorized to execute the
professional services agreement with Cornish and Carey Commercial (doing business
as Newmark) for real estate brokerage services rendered to the City for the City’s
purchase of the Property in an amount not to exceed $201,000, and to execute said
professional services agreement after the Court hears the application for an ex parte
order filed on November 12, 2025, by the petitioners/plaintiffs in Ken Dickinson,et al.
v City of San Rafael, et al., Marin Superior Court Case No. CV 008170, provided the
Court rules on the application for the ex parte order on or before November 24, 2025;
if the Court does not rule on the application for the ex parte application by 5:00 p.m.
on November 24, 2025, and the County has authorized the execution of the County
Grant Agreement, upon the recommendation of the City Attorney, the City manager is
authorized sign the professional services agreement; and
6. Contingent upon the County authorizing execution of the County Grant Agreement at
its November 18, 2025 meeting, the City Manager or designee is authorized to take
any action necessary or incidental to carrying out the intention of this Resolution,
including, but not limited to, repayment of the $155,341.80 amount Sellers paid to Las
Gallinas Valley Sanitary District within one (1) year after the close of escrow, payment
of transaction costs which are customary for a buyer to pay and performing City’s
obligations under the Purchase and Sale Agreement.
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 said
City on Monday, the 17th day of November 2025, by the following vote, to wit:
AYES: Councilmembers: Bushey, Kertz, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Hill
Lindsay Lara, City Clerk
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CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) EXEMPTION REVIEW
350 MERRYDALE INTERIM SHELTER AND AFFORDABLE
HOUSING DEVELOPMENT PROJECT
APN(s): 179-041-27 and 179-041-28
November 3, 2025 City of San Rafael Community and Economic Development Department 1400 Fifth Avenue, Top Floor San Rafael, CA 94901
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Table of Contents I. SUMMARY .................................................................................................................................... 3 II. PROJECT SITE ............................................................................................................................. 3 III. PROJECT DESCRIPTION ......................................................................................................... 5 IV. CEQA PROCESS .......................................................................................................................... 8 V. DOCUMENTS INCORPORATED BY REFERENCE........................................................... 9 VI. CEQA GUIDELINES SECTION 15183 EXEMPTION .................................................... 10 VII. CEQA GUIDELINES SECTION 15332 EXEMPTION .................................................... 14 VIII. CONCLUSION ........................................................................................................................... 32 IX. REFERENCES ........................................................................................................................... 33
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I. SUMMARY The proposed project (“Project”) is an infill development located at 350 Merrydale Road and 3833 Redwood Highway in the City of San Rafael. 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 project proposes the acquisition of a 2.5-acre property to serve as an Interim Shelter for up to 65 unhoused individuals on a temporary basis followed by a permanent affordable housing development of up to 80 units. The project site was last used as an adult school serving approximately 100 individuals, but the project site has been vacant for at least five years. In 2020, the property owners received land use approvals for 45 for sale townhomes but the property owners did not proceed with construction activities and earlier this year placed the property for sale. The City prepared this CEQA Exemption Memorandum to serve as the technical documentation of an environmental analysis prepared for the Project. As demonstrated in the memorandum, the Project qualifies for a Categorial Exemption under CEQA Section 15183 as the Project is consistent with the development density established by existing zoning and general plan policies associated with the certified City of San Rafael 2040 General Plan. The Project also qualifies for a Categorical Exemption under CEQA Section 15332 (Infill Development) as the Project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations, is located within city limits on a project site of no more than 5 acres substantially surrounded by urban uses; the project site has no value, as habitat for endangered, rare or threatened species; approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and public services.”
II. PROJECT SITE
The project site is located at 350 Merrydale Road and comprises 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 existing 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 located west across Merrydale and the US Highway 101 corridor is adjacent to the east side of the project site. The project
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site is approximately half a mile from the Sonoma-Marin Area Rail Transit (SMART) Marin Civic Center Station.
Table 1. Project Characteristics
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/Commercial
East: US 101 Highway US 101 Highway US 101 Highway West: Low Density Residential (LDR) Single-Family Residential (R7.5) Residential
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Figure 1 – Vicinity Map
III. PROJECT DESCRIPTION In partnership with the County of Marin, the Project proposes acquiring the site for use as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development as outlined below:
• Interim Shelter Operations
o City and County will split the operating costs until June 30, 2027.
o Up to two extensions beyond June 30, 2027, based on available funding per a City-led fundraising campaign, in collaboration with the County.
o Site closure 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.
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• Affordable Housing Development
o City to entitle property for up to 80 units of affordable housing by June 30, 2028.
o City will make good faith effort to keep affordability levels as low as possible.
o County will contribute $100,000 per entitled unit, up to 80 units; If less than 80 units are entitled, the City will refund the County $100,000 per unit.
o If the property is not entitled by June 30, 2028, or the City otherwise defaults on the Agreement, the City must reimburse the County.
General Plan Designation: The project site is designated Community Commercial Mixed Use (21.8-43.6 units/net acre; maximum FAR 0.3). This category corresponds to general retail and service uses, restaurants, automobile sales and service uses, hotels/ motels, and other commercial activities. Offices are also permitted, except where specifically precluded by General Plan policies. Mixed use projects that combine housing and commercial uses are encouraged. Projects that are entirely residential are permitted, although limitations may apply in certain zoning districts to ensure that adequate land is provided for activities generating sales tax, jobs, and local service opportunities. Residential development is subject to a maximum net density of 43.6 units per acre. The FAR limit of 0.3 applies to non-residential square footage only, and excludes square footage associated with housing in mixed use projects. Lower FAR limits may apply on some parcels, as indicated on Figure 3-2 (Floor Area Ratio map). Areas with this designation include the Northgate Town Center, Merrydale Road area, and portions of Francisco Boulevard East and West.
Zoning District: The site has a Planned Development (PD) zoning classification and the PD was adopted on February 18, 2020 (PD 1979). The purpose of the Planned Development District for the 45-unit residential development is to regulate the development of a 2.28-acre site located at 350 Merrydale Road/3883 Redwood Highway. The PD permitted: 1) a 45-unit residential condominium development on the 2.28-acre site, a 500 square foot Community Room for tenant use and a “Creek Promenade” area for use as a recreational amenity, as per approved plan Sheet SP-2 and; 2) All other land uses shall follow the land use regulations set forth in the High Density Residential (HR1) District land use classification as contained in Zoning Ordinance (SRMC 14.04.020).
Multifamily Residential Districts: High-Density (HR1, HR1.5, HR1.8) The purpose of the high-density residential district is to provide opportunities for high-density multifamily residential development. High-density multifamily residential districts are included in the high-density residential land use category with densities ranging from one thousand (1,000) square feet to one thousand eight hundred (1,800) square feet per dwelling unit. Allowable land uses are outlined in SRMC Section 14.04.020 - Land use regulations (R, DR, MR, HR, PD).
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Pursuant to SRMC Section 14.04.020, “Multifamily residential” is an allowed use in the HR zoning district and no use permit is required. “Emergency shelters for the homeless” is an allowable use in the HR zoning district with a Use Permit. Applicable definitions contained in SRMC Section 14.03.030 (Definitions) can be found below: "Residential, multifamily" means medium and high density residential development, including a "transitional housing development" or "supportive housing" as defined under State Health and Safety Code Section 50675.2 (and subsequent amendments), containing three (3) or more attached dwelling units in one (1) or more structures located on a single parcel or common lot. "Emergency shelters" means housing as defined under the State Health and Safety Code Section 50801(e); i.e., with minimal supportive services for homeless person(s) that is limited to occupancy of six (6) months or less by a homeless person. No individual or household may be denied emergency shelter because of inability to pay. "Permanent emergency shelter for the homeless" means a permanent residential facility operated by a provider which provides emergency housing or temporary accommodations year-round to homeless persons and/or families on a nonprofit basis, and which meets the standards for shelters contained in this title. A facility under this section does not include temporary shelter provided by general relief in the wake of a disaster where assistance by the American Red Cross and/or federal disaster relief is provided. "Temporary or rotating emergency shelter for the homeless" means a nonprofit temporary or emergency housing facility for individuals and families authorized to operate up to six (6) consecutive months. A facility under this definition does not include temporary shelter provided by general relief in the wake of a disaster where assistance by the American Red Cross and/or federal disaster relief is provided. The proposed project entails the acquisition of the project site for future use as an emergency shelter, which is an allowable use with a Use Permit and for future development for affordable housing, which is allowed by right, the project is consistent with the HR zoning district and as allowed under PD 1979.
Future Development At this time, project specific details of the future affordable housing project are not available; however, CEQA requires the analysis of a reasonable worst-case scenario. As a result, the following assumptions are being made about the future development. The maximum future development potential was estimated based on the size of the project site, General Plan maximum density, and development standards for the HR-1 zoning district, and additional units allowed under State Density Bonus Law.
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Based on the net acreage and the maximum net density (21.8-43.6 units/net acre), the site is anticipated to accommodate approximately 76 units. As the project is anticipated to be a 100 percent affordable housing project, under State Density Bonus Law a density bonus of 80 percent is allowed, therefore, a maximum of 137 units would be allowed. Applicable development standards would be those for the HR-1 zoning district, and therefore it is assumed the future development would maintain a maximum base height of 36 feet.
Gross Area: 2.3 acres
Easements:
• MCFCD 25-foot wide flood control easement - 0.21 acres
• MCFCD 15-foot wide maintenance easement - 0.11acres
• City of San Rafael Roadway/Utility easement - (0.25 acres)
• Overlap of easements 0.03 acres
Net Area: 1.74 acres
Max General Plan Density: 43.6 units/net acre
Max Density: 76 units
Density Bonus: 80% or 61 allowable density bonus units
Maximum Total Units: 137 units
Future permits would include:
• Environmental and Design Review Permit
• Grading Permit
• Building Permits
IV. CEQA PROCESS
CEQA establishes a three-tier environmental review process. The first step is jurisdictional and requires a public agency to determine whether a proposed activity is a “project” as defined in Section 21065 of the CEQA Guidelines. As provided therein, under CEQA a “project” means an activity that may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and which is any of the following: a. An activity directly undertaken by any public agency. b. An activity undertaken by a person which is supported, in whole or in part, through contracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies. c. An activity that involves the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies.
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If an activity is defined as a “project”, the agency must decide whether the project is exempt from CEQA review under either a statutory or categorical exemption, Articles 18 and 19, respectively. If a project is categorically exempt, it is not subject to CEQA and is processed without an initial study or further CEQA review. (Holden v.
City of San Diego [2019] 43 Cal.App.5th 404, 409.) CEQA provides several “categorical exemptions” that are applicable to categories of projects that the Legislature has determined do not pose a risk of significant impacts on the environment. Here, the Project qualifies for a Categorial Exemption under CEQA Section 15183 as the Project is consistent with the development density established by existing zoning and general plan policies associated with the certified City of San Rafael 2040 General Plan and the infill development exemption pursuant to Title 14 of the California Code of Regulations Section 15332 (“CEQA Guidelines 15332”).
V. DOCUMENTS INCORPORATED BY REFERENCE The City of San Rafael General Plan Final EIR (State Clearinghouse No 2019039167) has been cited and incorporated by reference into this analysis, in accordance with Section 15150 of the State CEQA Guidelines, as a means of reducing the redundancy and length of this environmental document. The City of San Rafael General Plan Final EIR is available for public online. This document is hereby incorporated by reference into this Initial Study/State CEQA. The following documents have been incorporated into this analysis. 1. City of San Rafael General Plan and EIR, 2021 General Plan Documents - San Rafael Environmental Review - San Rafael 2. City of San Rafael Housing Element 2023-2031 Housing Element Update - San Rafael 3. City of San Rafael Zoning Code, Title 14 Mini TOC: Title 14 - ZONING* | Code of Ordinances | San Rafael, CA | Municode Library 4. City of San Rafael Subdivision Regulations, Title 15 Mini TOC: Title 15 - SUBDIVISIONS | Code of Ordinances | San Rafael, CA | Municode Library
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VI. CEQA GUIDELINES SECTION 15183 EXEMPTION
A. Applicability
California Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183 provides a streamlined environmental review process and a statutory exemption for projects that are consistent with the densities established by existing zoning, community plan, or general plan policies for which an Environmental Impact Report (EIR) was certified. As described in detail below, the Project is consistent with the existing zoning designation for the site and with the City of San Rafael Plan. The City of San Rafael General Plan EIR was certified by the City Council on July 19, 2021, (SCH No. 2019039167). Based on the Project’s consistency with existing zoning and the General Plan, and provided that the General Plan EIR was certified, the project qualifies for streamlined environmental review pursuant to Section 15183 of the CEQA Guidelines.
B. General Plan Consistency
General Plan Land Use Designation The project site is designated Community Commercial Mixed Use (21.8-43.6 units/net acre; maximum FAR 0.3). This category corresponds to general retail and service uses, restaurants, automobile sales and service uses, hotels/ motels, and other commercial activities. Offices are also permitted, except where specifically precluded by General Plan policies. Mixed use projects that combine housing and commercial uses are encouraged. Projects that are entirely residential are permitted, although limitations may apply in certain zoning districts to ensure that adequate land is provided for activities generating sales tax, jobs, and local service opportunities. Residential development is subject to a maximum net density of 43.6 units per acre. The FAR limit of 0.3 applies to non-residential square footage only, and excludes square footage associated with housing in mixed use projects. Lower FAR limits may apply on some parcels, as indicated on Figure 3-2 (Floor Area Ratio map). Areas with this designation include the Northgate Town Center, Merrydale Road area, and portions of Francisco Boulevard East and West. The proposed use of the site would be consistent with the General Plan Land Use designation as the project proposes an interim shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development. Based on the size of the site (2.29 acres) and the maximum net density (21.8-43.6 units/net acre), the site is anticipated to accommodate approximately 76 base units and up to 137 units with State Density Bonus Law.
General Plan Policies
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An analysis of the Project’s conformity with the applicable General Plan policies is provided in detail in matrix format in the General Plan Conformity Analysis (Attachment 1).
C. Zoning Consistency The site has a Planned Development (PD) zoning classification and the PD was adopted on February 18, 2020 (PD 1979). The purpose of the Planned Development District for the 45-unit residential development is to regulate the development of a 2.28-acre site located at 350 Merrydale Road/3883 Redwood Highway. The PD permitted: 1) a 45-unit residential condominium development on the 2.28-acre site, a 500 square foot Community Room for tenant use and a “Creek Promenade” area for use as a recreational amenity, as per approved plan Sheet SP-2; and 2) all other land uses shall follow the land use regulations set forth in the High Density Residential HR1) District land use classification as contained in Zoning Ordinance (SRMC 14.04.020).
Multifamily Residential Districts: High-Density (HR1, HR1.5, HR1.8) The purpose of the high-density residential district provides opportunities for high-density multifamily residential development. High-density multifamily residential districts are included in the high-density residential land use category with densities ranging from one thousand (1,000) square feet to one thousand eight hundred (1,800) square feet per dwelling unit. Allowable land uses are outlined in SRMC Section 14.04.020 - Land use regulations (R, DR, MR, HR, PD). Pursuant to SRMC Section 14.04.020, Multifamily residential is an allowed use in the HR zoning district and no use permit is required. Emergency shelters for the homeless is an allowable use in the HR zoning district with a Use Permit. Under state law, during a declared shelter crisis by a city, certain homeless shelters can be exempted from provisions of any housing, health, habitability, planning and zoning, or safety standards, procedures, or laws shall be suspended for homeless shelters, provided that the city or county has adopted health and safety standards and procedures for homeless shelters consistent with ensuring minimal public health and safety and those standards are complied with. (Gov. Code section 8698.4(a)(2)(A)(ii).) These “shelter crisis” homeless shelters are defined as “a facility with overnight sleeping accommodations, the primary purpose of which is to provide temporary shelter for the homeless that is not in existence after the declared shelter crisis. A temporary homeless shelter community may include supportive and self-sufficiency development services. A “homeless shelter” shall include a parking lot owned or leased by a city, county, or city and county specifically identified as one allowed for safe parking by homeless and unstably housed individuals.” (Gov. Code
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section 8698.4(c)(1).) The City is currently considering a shelter crisis declaration and adoption of an ordinance for reasonable local standards and procedures for the design, site development, and operation of homeless shelters while ensuring compliance with minimum health and safety measures on City-owned or leased property, which would include the project site. Low barrier navigation centers are another type of homeless shelter that, under state law, are a “use by right” not subject to CEQA in areas zoned for mixed use and nonresidential zones permitting multifamily uses, provided certain conditions are met. (Gov. Code section 65660(b).) A “low barrier navigation center” or “LBNC” means a Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. An LBNC may be non-congregate and relocatable. “Low Barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following: (1) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth. (2) Pets. (3) The storage of possessions. (4) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms. LBNCs must: (1) Offer services to connect people to permanent housing through a services plan that identifies services staffing. (2) Be linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals. (3) Comply with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.
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(4) Have a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations. It is likely that the interim shelter component of the Project would constitute an LBNC and would therefore be a use by right. The Project entails the acquisition of the project site for future use as a homeless shelter pursuant to the Shelter Crisis Act, or for a low barrier navigation center (which would be a use by right) and for future development for affordable housing, which is allowed by right. The Project is consistent with PD 1979 and applicable provisions of the HR zoning district as preempted by state law.
Development Standards As outlined in PD 1979, applicable development standards for the site are for the HR1 zoning district, which are contained in SRMC Section 14.04.040 - Property development standards, which include a 36-foot height limit. Through consistency with applicable state law pertaining to Shelter Crisis Act homeless shelters (Gov. Code section 8698.4) and LBNCs, (Gov. Code section 65662), and compliance with the HR1 zoning district development standards (for the affordable housing component), The City’s proposed acquisition of 350 Merrydale for use as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development of up to 76 base units (137 units with a Density Bonus utilizing applicable waivers) conforms with the City of San Rafael 2040 General Plan land use designation, General Plan policies, and is allowed by the applicable Planned Development PD 1979.
D. CEQA Guidelines Section 15183 Analysis In approving a project meeting the conditions of CEQA Guidelines Section 15183, analysis of environmental impacts is limited to those impacts that (1) are peculiar to the project or site on which the project is located; (2) were not analyzed as significant effects in the prior EIR with which the project is consistent; (3) are potentially significant off-site and cumulative impacts that were not discussed in the prior EIR, and; (4) are previously identified significant effects that are determined to have a more severe impact than discussed in the prior EIR. The Project will not result in significant environmental effects peculiar to the Project or site where it is located. The site was previously used as a school and the General Plan and associated EIR anticipated the site would be developed for residential development. The project site is located within a developed urban context connected by roads and utilities and surrounded by established urban uses, including single-family, multifamily, and commercial development.
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Environmental effects associated with General Plan buildout, including development of the site at the proposed density and intensity of the project were previously examined at a programmatic level in a certified EIR for the adopted General Plan. The Project would not contribute new significant effects that were not previously analyzed or could not be addressed through standard requirements for development. Through incorporation of the recommended conditions of approval, impacts associated with development of the Project will be the same as previously identified in the General Plan EIR. Accordingly, the Project will not result in impacts that are peculiar to the Project or site on which the project is located; does not involve impacts that were not analyzed as significant effects in the prior EIR; will not result in impacts that are potentially significant off-site and cumulative impacts that were not discussed in the prior EIR, and will not result in impacts that new or more severe impacts as compared to those discussed in the prior EIR. Therefore, the Project qualifies for streamlined review pursuant to Section 15183 of the CEQA Guidelines.
VII. CEQA GUIDELINES SECTION 15332 EXEMPTION CEQA Guidelines Section 15332 states that infill development is exempt from CEQA review if it meets the following criteria: a. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. b. The proposed development occurs within city limits on a project site of no more than 5 acres substantially surrounded by urban uses. c. The project site has no value, as habitat for endangered, rare or threatened species. d. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. e. The site can be adequately served by all required utilities and public services. As discussed below, the Project meets each of these criteria and is therefore categorically exempt from CEQA. Furthermore, there are no applicable exceptions to the exemption.
A. The project is consistent with the applicable general plan
designation and all applicable general plan policies as well as
with applicable zoning designation and regulation.
General Plan: The Project site is designated Community Commercial Mixed Use (21.8-43.6 units/net acre; maximum FAR 0.3). This category corresponds to general retail and service uses, restaurants, automobile sales and service uses, hotels/ motels, and other commercial activities. Offices are also permitted, except where
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specifically precluded by General Plan policies. Mixed use projects that combine housing and commercial uses are encouraged. Projects that are entirely residential are permitted, although limitations may apply in certain zoning districts to ensure that adequate land is provided for activities generating sales tax, jobs, and local service opportunities. Residential development is subject to a maximum net density of 43.6 units per acre. The floor-area-ratio (FAR) limit of 0.3 applies to non-residential square footage only, and excludes square footage associated with housing in mixed use projects. Lower FAR limits may apply on some parcels, as indicated on Figure 3-2 (Floor Area Ratio map). Areas with this designation include the Northgate Town Center, Merrydale Road area, and portions of Francisco Boulevard East and West. The proposed use of the site would be consistent with the General Plan Land Use designation as the project proposes an interim shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development. Based on the size of the site (2.29 acres) and the maximum net density (21.8-43.6 units/net acre), the General Plan evaluated the site at anticipated net density would be 50-100 units based on the allowable density in the General Plan. An analysis of the Project’s conformity with the applicable General Plan policies is provided in detail in matrix format in the General Plan Conformity Analysis (Attachment 1).
Zoning Code: The site has a Planned Development (PD) zoning classification and the PD was adopted on February 18, 2020 (PD 1979). The purpose of the Planned Development District for the 45-unit residential development is to regulate the development of a 2.28-acre site located at 350 Merrydale Road/3883 Redwood Highway. The PD permitted: 1) a 45-unit residential condominium development on the 2.28-acre site, a 500 square foot Community Room for tenant use and a “Creek Promenade” area for use as a recreational amenity, as per approved plan Sheet SP-2; and 2) All other land uses shall follow the land use regulations set forth in the High Density Residential HR1) District land use classification as contained in Zoning Ordinance (SRMC 14.04.020).
Multifamily Residential Districts: High-Density (HR1, HR1.5, HR1.8) - The purpose of the high-density residential district is to provide opportunities for high-density multifamily residential development. High-density multifamily residential districts are included in the high-density residential land use category with densities ranging from one thousand (1,000) square feet to one thousand eight hundred (1,800) square feet per dwelling unit. Allowable land uses are outlined in SRMC Section 14.04.020 - Land use regulations (R, DR, MR, HR, PD). Pursuant to SRMC Section 14.04.020, Multifamily residential is an allowed use in the HR zoning district and no use permit is required. Emergency shelters for the homeless is an allowable use in the HR zoning district with a Use Permit. Applicable definitions contained in SRMC Section 14.03.030 (Definitions) can be found below:
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"Residential, multifamily" means medium and high density residential development, including a "transitional housing development" or "supportive housing" as defined under State Health and Safety Code Section 50675.2 (and subsequent amendments), containing three (3) or more attached dwelling units in one (1) or more structures located on a single parcel or common lot. "Emergency shelters" means housing as defined under the State Health and Safety Code Section 50801(e); i.e., with minimal supportive services for homeless person(s) that is limited to occupancy of six (6) months or less by a homeless person. No individual or household may be denied emergency shelter because of inability to pay. "Permanent emergency shelter for the homeless" means a permanent residential facility operated by a provider which provides emergency housing or temporary accommodations year-round to homeless persons and/or families on a nonprofit basis, and which meets the standards for shelters contained in this title. A facility under this section does not include temporary shelter provided by general relief in the wake of a disaster where assistance by the American Red Cross and/or federal disaster relief is provided. "Temporary or rotating emergency shelter for the homeless" means a nonprofit temporary or emergency housing facility for individuals and families authorized to operate up to six (6) consecutive months. A facility under this definition does not include temporary shelter provided by general relief in the wake of a disaster where assistance by the American Red Cross and/or federal disaster relief is provided. The proposed project entails the acquisition of the project site for the future use as a Shelter Crisis Act homeless shelter or LBNC (a use by right), and for future development for affordable housing, which is allowed by right, the project is consistent with the HR zoning district through the application of state laws related to shelters and density bonus, and is allowed under PD 1979.
The Project is consistent with the General Plan land use designation and application policies and programs. The Project is also consistent with the PD zoning designation and governing standards. Therefore, the Project meets criteria a.
B. The proposed development occurs within city limits on a project
site of no more than 5 acres substantially surrounded by urban
uses. The project site is located on a 2.5-acre Project Site within the limits of the City of San Rafael and is surrounded by commercial businesses to the north and south; a residential apartment building to the south, along Merrydale Road; a residential subdivision to the west across Merrydale; and the US Highway 101 corridor neighbors the site to the east. As the Project Site is located within the city limits on a
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site less than five (5) acres and is surrounded on all sides by urban uses, the project site meets criteria b.
C. The project site has no value, as habitat for endangered, rare or
threatened species. As shown in Figure 6-1 of the San Rafael 2040 General Plan, the project site and surrounding area has a vegetative cover of “Urban/other” which is consistent with the developed nature of the site, including the existing hardscape and vacant commercial building, which limits the presence of critical habitat for endangered, rare or threatened species. The existing vacant building and trees on the site have the potential to provide habitat for roosting bats and nesting birds; however, as shown in Figure 2, the site’s features and surrounding areas do not represent value as habitat considering that they lack the ecological complexity, natural features, and documented, recurring use by rare, threatened, or endangered species necessary to be considered critical, sensitive, or valuable habitat.
Figure 2. Aerial of Project Site General Plan Program C-1.12A requires that sites with suitable anthropogenic habitat be surveyed for the presence of special status species following accepted protocol prior to development-related habitat removal. Additionally, General Plan
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Program C-1.13E requires pre-construction surveys if construction will occur during the bird nesting season. As such, consistent with these General Plan Programs and state requirements, any future development would be conditioned to conduct pre-construction surveys if demolition and/or tree removal will occur during the roosting and nesting seasons. Given the highly disturbed nature of the site and surrounding area, there is an overall lack of value as habitat for endangered, rare, or threatened species. Therefore, the Project complies with criteria c.
D. Approval of the project would not result in any significant
effects relating to traffic, noise, air quality, or water quality.
This memorandum relies on the impact criteria contained in Appendix G of the 2025 CEQA Guidelines to evaluate whether the project would result in significant effects relating to traffic, noise, air quality, or water quality.
Traffic The project site is located approximately 100 feet southwest of US 101 Highway near the Civic Center SMART station. Vehicular access to the Project Site is via Merrydale Road, which is a two-lane north-south roadway with on-street parking and a posted speed limit of 25 miles per hour (mph). Merrydale Road is discontinuous, terminating at the Sonoma-Marin Area Rail Transit (SMART) railroad tracks and beginning again north of the railroad tracks. Redwood Highway runs north-south parallel to Merrydale Road and US-101. The roadway has two lanes with on-street parking. The prima facie speed limit is 25 mph. The site accesses Highway 101 via the Merrydale Road/US 101 South Ramps and Merrydale Road/North San Pedro Road intersections.
• Merrydale Road/US 101 South Ramps is an all-way stop-controlled tee intersection with a yield-controlled channelized northbound right-turn. The intersection has a crosswalk on the east ramp leg.
• Merrydale Road/North San Pedro Road is a signalized intersection with split phasing on the eastbound and westbound Merrydale Road approaches, protected left-turn phasing on eastbound North San Pedro Road, and a right-turn overlap on westbound North San Pedro Road. Crosswalks are provided on the north and west legs, and sidewalks are provided except the southeast corner. Anticipated trip generation was estimated using standard rates published by the Institute of Transportation Engineers (ITE) Trip Generation Manual, 11th Edition, 2021. Rates for Multifamily Housing (Mid-Rise) Close to Transit (LU 221) in a dense, urban setting was applied to the housing units. These estimates conservatively do not include offsets for any existing or prior uses of the site. As shown in Table 2
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below, the project would be expected to generate an average of 201 net new trips per day, with 25 am peak hour trips and 25 pm peak hour trips.
Table 2. Trip Generation Summary
Land Use Units
(du)
Daily AM Peak Hour PM Peak Hour
Rate
(per
ksf)
Trips Rate
(per
ksf)
Trips Rate
(per
ksf)
Trips
Proposed Multifamily Housing (ITE 221) 100 2.01 201 0.25 25 0.25 25
Net New Trips 201 25 25
Vehicle Miles Traveled Pursuant to Senate Bill 743, transportation and traffic impacts should be measured using vehicle miles traveled (VMT) instead of the previously used Level of Service (California Office of Planning and Research [OPR] 2013). Reducing VMT is an effective climate strategy and is intended to decrease greenhouse gas emissions associated with the transportation sector while increasing benefits to human health. The 2022 City of San Rafael Transportation Analysis Guidelines (“guidelines”) include a list of VMT screening thresholds and indicate that projects meeting at least one of the thresholds would be presumed to not require CEQA VMT analysis. Figure 2 in the guidelines provides a map based on outputs from the Transportation Authority of Marin Demand Model that identifies low-VMT areas for residential development in the City of San Rafael. The project location is shown on the map as being in a low-VMT area, indicating that the VMT per capita is at least 15 percent below the average of the nine-county Bay Area. Therefore, the impact is presumed to be less than significant and does not require a quantitative VMT analysis. In addition, the project site is located within approximately 0.6-mile walking distance of the Civic Center SMART station. Projects in proximity to major transit stops are presumed to have a less-than-significant impact under the VMT standards applied by the State of California and most local lead agencies. Due to the proximity of these transit opportunities as well as a range of services in San Rafael, many project-generated trips would be made using non-vehicle modes of transportation, which supports the finding from the model data that the site is in a low-VMT area. The project’s VMT impact would be presumed to be less than significant.
Pedestrian, Bicycle and Transit Facilities
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Pedestrian Facilities: Pedestrian facilities include sidewalks, crosswalks, pedestrian signal phases, curb ramps, curb extensions, and various streetscape amenities such as lighting, benches, etc. In general, a network of sidewalks, crosswalks, pedestrian signals, and curb ramps provide access for pedestrians in the vicinity of the proposed project site; however, sidewalk gaps, obstacles, and barriers can be found along all of the roadways connecting to the project site. Existing gaps and obstacles along the connecting roadways impact convenient and continuous access for pedestrians and present safety concerns in those locations where appropriate pedestrian infrastructure would address potential conflict points.
• Merrydale Road - Nearly continuous sidewalk coverage is provided on the east side of Merrydale Road except along one parcel where sidewalk has not been constructed by the property owner or the City. Pedestrians walking on the east side of Merrydale Road are able to walk adjacent to parked vehicles, out of the travel lane. No sidewalk is provided on the west side of Merrydale Road. Curb ramps and crosswalks at side street approaches are intermittent. At both study intersections along Merrydale Road channelized right turns conflict with pedestrian movements. Lighting is provided by overhead streetlights.
• Redwood Highway - Nearly continuous sidewalk coverage is provided on the west side of Redwood Highway except along one parcel where sidewalk has not been constructed by the property owner or the City. Pedestrians do not need to enter the travel lane to walk on the west side of the street. There is no sidewalk coverage provided on the east side of Redwood Highway. Curb ramps at side street approaches are provided; however, there are no marked crosswalks. Overhead street lighting provides intermittent coverage.
Bicycle Facilities: In the project area, there is a Class I bike path along the western side of the SMART tracks from Lincoln Avenue to Civic Center Drive. Bicyclists ride in the roadway and/or on sidewalks along all other streets within the project study area.
Transit Facilities: Marin Transit provides fixed route bus service in Marin County, including the City of San Rafael. Marin Transit Route 35 provides regional service between San Rafael and Novato, and stops at Merrydale Road and North San Pedro Road. Route 35 operates seven days per week. Route 49 also stops at Merrydale Road and North San Pedro Road, although only the southbound stop is near the project site. Southbound Route 49 service connects San Rafael and Novato and is provided seven days per week. Route 145 is a school route that stops at Merrydale Road and North San Pedro Road and connects various neighborhoods in San Rafael to Terra Linda High School on the north side of the City. Service is provided on school days. Route 233 provides service between downtown San Rafael and the communities along North San Pedro Road, with a stop at Merrydale Road and North San Pedro Road in the southbound direction only. Southbound service is provided seven days per week. Route 245 provides service between downtown San Rafael and the
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northern neighborhoods of San Rafael, with a stop along US 101 South between the Merrydale off-ramp and on-ramp, in the southbound direction only. Service is provided seven days per week. Route 257 provides regional service between San Rafael and unincorporated communities south of Novato, with stops at Los Ranchitos Road and Golden Hinde Boulevard. Route 257 operates Monday to Friday.
Golden Gate Transit provides service between San Francisco and various communities in Marin and Sonoma Counties. Routes 44, 54, and 70 share a stop along US 101 South between the Merrydale off-ramp and on-ramp, in the southbound direction only. Route 44 service is provided Monday to Friday. Route 54 service is provided Monday to Friday. Route 70 service is provided seven days per week. At present, rail transit is located within one-half mile of the project site at the at-grade crossing on Civic Center Drive and the SMART Tracks. SMART provides service between San Rafael and Airport Road north of Santa Rosa, including stops in Novato, Petaluma, Cotati, Rohnert Park, and Santa Rosa. Extensions are planned to Windsor, Healdsburg, and Cloverdale in the north, and Larkspur in the south, where passengers can transfer to ferries to San Francisco. Service is provided seven days per week. As discussed above, SMART service and numerous bus routes are available within a short walking distance of the project site and provide service to a wide variety of destinations, and existing transit routes are adequate to accommodate project-generated transit trips. Impacts related to pedestrian, bicycle and transit facilities would be less than significant.
Site Circulation and Access The project would not result in changes to the physical or operational conditions of the roadway that would introduce hazards, and the project impact with regard to these factors would be less than significant. Site access would be unchanged and impacts related to emergency access and response times would also be less than significant.
Conclusion Impacts related to VMT and site circulation and access would be less than significant. The project would meet the requirements for Traffic under criterion d.
Noise
Noise Fundamentals Sound is a vibratory disturbance created by a moving or vibrating source, which is capable of being detected by the hearing organs. Noise is defined as sound that is loud, unpleasant, unexpected, or undesired and may therefore be classified as a more specific group of sounds. Noise levels are commonly measured in decibels (dB) using the A-weighted sound pressure level (dBA). The A-weighting scale is an adjustment
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to the actual sound pressure levels so that they are consistent with the human hearing response, which is most sensitive to frequencies around 4,000 Hertz and less sensitive to frequencies around and below 100 Hertz (Kinsler, et. al. 1999). Decibels are measured on a logarithmic scale that quantifies sound intensity in a manner similar to the Richter scale used to measure earthquake magnitudes. A doubling of the energy of a noise source, such as doubling of traffic volume, would increase the noise level by 3 dB; dividing the energy in half would result in a 3 dB decrease (Crocker, 2007). Human perception of noise has no simple correlation with sound energy: the perception of sound is not linear in terms of dBA or in terms of sound energy. Two sources do not “sound twice as loud” as one source. It is widely accepted that the average healthy ear can barely perceive changes of three (3) dBA, increase or decrease (i.e., twice the sound energy); that a change of five (5) dBA is readily perceptible (eight [8] times the sound energy); and that an increase (or decrease) of 10 dBA sounds twice (half) as loud as what is readily perceptible (Crocker, 2007). Sound changes occur in both level and frequency spectrum as it travels from the source to the receptor. The most obvious change is the decrease in level as the distance from the source increases. The manner by which noise reduces with distance depends on factors such as the type of sources (e.g., point or line, the path the sound will travel, site conditions, and obstructions). Noise levels from a point source typically attenuate, or drop off, at a rate of six (6) dBA per doubling of distance (e.g., construction, industrial machinery, ventilation units). Noise from a line source (e.g., roadway, pipeline, railroad) typically attenuates at about three (3) dBA per doubling of distance (California Department of Transportation [Caltrans], 2013). Noise levels may also be reduced by intervening structures; the amount of attenuation provided by this “shielding” depends on the size of the object and the frequencies of the noise levels. The impact of noise is not a function of loudness alone. The time of day when noise occurs, and the duration of the noise are also important factors of project noise impact. Most noise that lasts for more than a few seconds is variable in its intensity. Consequently, a variety of noise descriptors have been developed by academics and industry professionals. One of the most frequently used noise metrics is the equivalent noise level (Leq); it considers both duration and sound power level. Leq is defined as the single steady A-weighted level equivalent to the same amount of energy as that contained in the actual fluctuating levels over time. Noise that occurs at night tends to be more disturbing than that occurring during the day. Community noise is often measured using Day-Night Average Level (Ldn or DNL), which is a 24-hour average noise level with a +10 dBA penalty for noise occurring during nighttime (10:00 p.m. to 7:00 a.m.) hours (Caltrans, 2013).
Noise Standards
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City of San Rafael General Plan: The San Rafael General Plan Noise Element noise compatibility guidelines illustrate the State guidelines established by the State Department of Health Services for acceptable noise levels for each county and city. These standards and criteria are incorporated into the land use planning process to reduce future noise and land use incompatibilities. This table is the primary tool that allows the city to ensure integrated planning for compatibility between land uses and outdoor noise. As shown in Table 3, for residential land uses, noise levels of up to 60 dBA are considered “Normally Acceptable” and noise levels of 60 to 70 dBA are considered “Conditionally Acceptable”.
Table 3 Noise Compatibility Guidelines for San Rafael
Land Use Categories
Exterior Noise Levels - Community Noise Equivalent Level (CNEL)
Normally
Acceptable1
Conditionally
Acceptable2
Normally
Unacceptable3
Clearly
Unacceptable4
Residential (Low-Density, Single-Family,
Duplex, Mobile Homes)
50-60 60-70 70-75 75-85
Residential (Multiple-Family) 50-65 65-70 70-75 70-85
Transient Lodging, Motels, Hotels 50-65 65-70 70-80 80-85
Schools, Libraries, Churches, Hospitals,
Nursing Homes
50-65 65-70 70-80 80-85
Auditoriums, Concert Halls, Amphitheaters N/A 50-70 N/A 70-85
Sports Arenas, Outdoor Spectator Sports N/A 50-75 N/A 75-85
Playgrounds, Neighborhood Parks 50-70 70-75 75-85 N/A
Golf Courses, Riding Stables, Water
Recreation, Cemeteries
50-70 70-80 80-85 N/A
Office Buildings, Business Commercial and
Professional
50-70 70-75 75-85 N/A
Industrial, Manufacturing, Utilities,
Agriculture
50-70 70-80 80-85 N/A
1 Normally Acceptable: Specified land use is satisfactory based upon the assumption that any buildings involved meet conventional Title 24 construction standards. No special noise insulation requirements. 2 Conditionally Acceptable: New construction or development shall be undertaken only after a detailed noise analysis is made and noise reduction measures are identified and included in the project design 3 Normally Unacceptable: New construction or development is discouraged. If new construction is proposed, a detailed analysis is required, noise reduction measures must be identified, and noise insulation features included in the design. 4 Clearly Unacceptable: New construction or development should not be undertaken
Source: San Rafael 2021 The following goals and policies from the Noise Element are relevant to the proposed project.
Policy N-1.2: Maintaining Acceptable Noise Levels. Minimize noise conflicts resulting from everyday activities such as construction, sirens, yard equipment, business operations, night-time sporting events, and domestic activities. (a): New development shall not increase noise levels by more than 3 dB Ldn in a residential area, or by more than 5 dB Ldn in a non-residential area.
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Policy N-1.9: Maintaining Peace and Quiet. Minimize noise conflicts resulting from everyday activities such as construction, sirens, yard equipment, business operations, night-time sporting events, and domestic activities.
Program N-1.9B: Construction Noise. Establish a list of construction best management practices (BMPs) for future projects and incorporate the list into San Rafael Municipal Code Chapter 8.13 (Noise) The City Building Division shall verify that appropriate BMPs are included on demolition, grading, and construction plans prior to the issuance of associated permits
Policy N-1.11: Vibration. Minimize noise conflicts resulting from everyday activities such as construction, sirens, yard equipment, business operations, night-time sporting events, and domestic activities.
Program N-1.11A: Vibration-Related Conditions of Approval. Adopt Standard conditions of approval in San Rafael Municipal Code Chapter 8.13 (Noise) that apply Federal Transit Administration (FTA) criteria for acceptable levels of groundborne vibration for various building types. These conditions should: (a) reduce the potential for vibration-related construction impacts for development projects near sensitive uses such as housing, schools, and historically significant buildings (b) reduce the potential for operational impacts on existing or potential future sensitive uses such as uses with vibration-sensitive equipment (e.g., microscopes in hospitals and research facilities) or residences. Vibration impacts shall be considered as part of project level environmental evaluation and approval for individual future projects. If vibration levels exceed FTA limits, conditions of approval shall identify construction and operational alternatives that mitigate impacts.
City of San Rafael Municipal Code: To implement the City’s noise policies, the City adopted Chapter 8.13 Noise (Noise Ordinance) in the San Rafael Municipal Code (SRMC). SRMC Section 8.13.040 states that the general noise limits contained in Table 4 shall apply subject to the exceptions and exemptions set forth in the chapter. Where two or more noise limits may apply, the more restrictive noise limit shall govern. For purposes of determining sound levels from any source of sound, a sound level measurement shall be made at any point on any receiving private or public property. In multifamily structures, the microphone shall be placed no closer than 3.5 feet from a wall through which the source of sound at issue is transmitting and shall also be placed five feet above the floor regardless of whether the source of sound at issue transmits through the floor, ceiling or wall. Sound level measurements shall be made with a sound level meter (Type 1 or 2) set to A-weighting, and "fast" response for intermittent sound. Slow or fast response may be used for constant noise sources. For intermittent sound, the one second rms maximum level (Lmax) shall be used. For constant sound, the average level (Leq) shall be used.
Table 4 San Rafael General Noise Limits
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Noise Level (dBA)
Daytime1 Nighttime1
Land Use Intermittent Constant Intermittent Constant
Residential 60 50 50 40
Mixed-Use 65 55 55 45
Multifamily Residential 40 35 35 30
Commercial 65 55 65 55
Industrial 70 60 70 60
1 Daytime = 7am-9pm (Sun-Thu); 7am-10pm (Fri-Sat); Nighttime = 9pm-7am (Sun-Thu); 10pm-7am (Fri-Sat)
Source: City of San Rafael Ordinance, Chapter 8.13 Section 8.13.050(A), Standard exceptions to general noise limits – Construction, states that on any construction project on property within the city, construction, alteration, demolition, maintenance of construction equipment, deliveries of materials or equipment, or repair activities otherwise allowed under applicable law shall be allowed between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, and 9:00 a.m. and 6:00 p.m. on Saturdays, provided that the noise level at any point outside of the property plane of the project shall not exceed 90 dBA. All such activities shall be precluded on Sundays and holidays.
Sensitive Receptors Some land uses are generally regarded as being more sensitive to noise than others due to the types of population groups or activities involved. Sensitive population groups include children and the elderly. Sensitive land uses generally include residential areas, hospitals, schools, childcare facilities, senior facilities, libraries, churches, and parks. The nearest sensitive receptors are residences across Merrydale (75 feet to the west) and a senior care facility on Redwood Highway (800 feet to the south), and residential development along Merrydale (1,000 feet to the south).
Existing Noise Environment The project site is in the City of San Rafael, Marin County, in a characteristically urban area subject to noise from nearby Highway 101, local traffic on public streets, buses, trains, light rail, construction, and small power equipment (e.g., lawn mowers, edger, etc.). The project site is located to the west of Redwood Highway (US-101) on Merrydale Road in the City of San Rafael. The primary noise source at the site is vehicular traffic along US- IO I and local traffic along Merrydale Road. US-101 is elevated by about 10 feet above the ground level of the site. Residential and commercial structures surround the project site. A noise monitoring survey was performed in the vicinity of the project site beginning Monday, May 21, 2018 and concluding on Thursday, May 24, 2018. The primary noise sources at the site were traffic on Redwood Highway and Highway 101.
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Construction of the project would generate temporary noise that would be audible at nearby residences. Noise associated with construction is a function of the type of construction equipment, the location and sensitivity of nearby land uses, and the timing and duration of the construction activities. Construction of the project would generate temporary noise that would be audible at nearby residences to the south and east of the project site. Noise associated with construction is a function of the type of construction equipment, the location and sensitivity of nearby land uses, and the timing and duration of the construction activities. Based on construction details provided by the applicant, it is estimated that the construction period for all phases would be approximately 30 months. While all phases of construction would generate noise, the demolition, grading and building construction phases would represent the loudest periods of noise-generating activity. The greatest anticipated sources of construction noise would be generated by large earthmoving equipment such as large bulldozers and industrial concrete saws. Construction noise was estimated using the Federal Highway Administration (FHWA) Roadway Construction Noise Model (RCNM) (FHWA 2006). It is anticipated that the maximum noise level associated with construction equipment would be 90 dBA at a distance of 50 feet from the source. Pile driving is not anticipated in any phase of construction. Construction would be limited to hours allowed by the City’s Municipal Code Section 8.13.050(A). The project would introduce sources of operational noise to the site, including HVAC. The City applies conditions of approval (COA) to implement
Program N-1.9B: Construction Noise of the 2040 General Plan EIR. The following condition of approval would be applied to the project.
COA-Construction Noise. During construction, the project shall: 1. Properly muffle and maintain all construction equipment powered by internal combustion engines. 2. Prohibit unnecessary idling of combustion engines. 3. 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. 4. Select quiet construction equipment, particularly air compressors, whenever possible. Fit motorized equipment with proper mufflers in good working order. 5. Residences adjacent to project sites shall be notified in advance by writing of the proposed construction schedule before construction activities commence. 6. The project applicant shall designate a “noise disturbance coordinator” responsible for responding to any local complaints about construction noise. The disturbance coordinator 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 disturbance coordinator shall be posted at the construction site. 7. Erect temporary noise barriers to limit construction noise to no more than 90 dBA Lmax at residences. Temporary noise barriers shall be constructed with solid materials (e.g., wood) with a density of at least 1.5 pounds per square
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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. Additionally, construction activity would occur within the allowable construction day and time limits defined in the City of San Rafael Code of Ordinances: between 7:00 a.m. and 8:00 p.m. Monday through Friday and between 9:00 a.m. and 6:00 p.m. on Saturday. Implementation of the COA above would be required and would decrease construction noise by at least 15 dBA (Harris 1991; Bies, Hansen, Howard 2018) to 89 dBA Lmax. This would be below the construction noise threshold of 90 dBA Lmax and impacts would be less than significant.
Airport Noise Aircraft noise can occasionally be an issue in San Rafael due to aircraft passing overhead and planes taking off and landing at San Rafael Airport, a small private airport in the Smith Ranch area. The City is also home to a private heliport, located in southeast San Rafael near Point San Quentin. Aircraft noise is regulated by Federal Aviation Administration standards and by the California Code of Regulations. The State Code limits noise-sensitive land uses such as housing in areas where aircraft exterior noise levels exceed 65 dBA CNEL. As the maps in General Plan Appendix I indicate, noise levels are below this level at San Rafael Airport and are expected to remain below this level in the future. The San Rafael Airport is located approximately 1.0 mile to the east and is not located within the 65 dBA CNEL noise contour of this airport (City of San Rafael 2021). There is no other public or private use airport within two miles of the project site. Therefore, there would be no impact.
Air Quality Construction activities associated with development of the project would temporarily generate emissions associated with diesel-powered construction equipment and fugitive dust. Construction emissions modeled include emissions generated by construction equipment used on the site and emissions generated by vehicle trips associated with construction, such as worker, hauling, and vendor trips. Operation of the project would generate criteria air pollutant emissions associated with area sources (e.g., architectural coatings, consumer products, and landscaping equipment) and mobile sources (i.e., vehicle trips to and from the project site). The Bay Area Air Quality Management District (BAAQMD) 2022 CEQA Guidelines provide preliminary screening for a lead agency to consider in making a conservative determination of a project’s potential impacts on air quality based on proposed land-use (i.e. residential, commercial, industrial, etc.). Projects that are below the screening criteria are reasonably expected to result in less than significant impacts to air quality since pollutant emissions would be minimal and as such, preparation
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of a quantitative analysis is not needed. The screening level criteria for residential development (apartment or condo/townhouse) is 416 dwelling units for construction and 638 dwelling units for operation. The maximum anticipated development of the site would be 137 units. When projects exceed the BAAQMD screening criteria, a detailed assessment of the project’s criteria air pollutant and precursor impacts would be warranted to determine if the project would result in significant impacts related to air quality. The Project proposes the development of a maximum of 137 dwelling units, which is below the screening size for construction (416 dwelling units) and operation (637 dwelling units) (BAAQMD, 2022). Given that the proposed project size is well below the screening criteria, the Project does not trigger the need for a detailed assessment of the Project’s criteria air pollutant and precursor emissions and therefore the proposed project will not result in significant effects related to air quality during project construction or operation. The Project will be required to comply with conditions of approval requiring implementation of best management practices (BMPs) established by BAAQMD.
Water Quality
The project site is currently developed with existing structures and surface parking, and there are no wetlands on or adjacent to the project site. The site is comprised almost entirely of impervious surfaces under existing conditions, and this condition would not substantially change with the proposed project. The City of San Rafael’s Urban Runoff Pollution Prevention ordinance (SRMC Chapter 9.30) includes provisions to comply with federal requirements for the control of urban pollutants in storm water runoff during construction and operation. The ordinances require construction projects to implement BMPs during construction to prevent discharge of construction contaminants including erosion and sediment controls and pollution prevention practices, and to implement an Erosion and Sediment Control Plan if subject to a grading or building permit. Therefore, this impact would be less than significant.
E. The site can be adequately served by all required utilities and
public services.
The project site is located within the City of San Rafael and would continue to be adequately served by City and regional services. The Property is currently being served and water service would continue to be provided by the Marin Municipal Water District (MMWD), though the purchase of additional water allotment will be required. The proposed project is consistent with the expected growth in the Downtown Precise Plan and the EIR prepared for the 2040 General Plan concluded that MMWD will have sufficient water supply to meet the demand for buildout of the General Plan pursuant to the MMWD Water Resources Plan 2040 (March 2017) and would neither exceed planned levels of supply nor require building new water treatment facilities or expanding existing facilities beyond what is currently planned.
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Therefore, the proposed project would not have a significant effect on electricity or water utility services. Wastewater service would be provided by the Las Gallinas Valley Sanitation District. The EIR for the General Plan concluded that the expected increase in population as a result of the plans would not exceed the permitted capacity of the wastewater treatment plant or have other significant impacts to wastewater. The proposed project is consistent with the development anticipated by the General Plan and, therefore, the proposed project would not have a significant effect on wastewater. As the proposed project is within the planned development of the area and can be served by all utilities and would exceed the capacity of or require the construction or expansion of new utility services, it can be concluded that the project can be adequately served by all required utilities and public services.
Exceptions to the Exemption If a project qualifies for use of a categorical exemption, then the lead agency must determine whether the categorical exemption is unavailable because the project is subject to an exception to the categorical exemptions (CEQA Guidelines § 15300.2.). A project will not qualify as exempt if it is subject to one of the six exceptions provided below:
(a) Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located.
(b) Cumulative Impact. All exemptions are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant.
(c) Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.
(d) Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources within a highway officially designated as a state scenic highway.
(e) Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code.
(f) Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. As described below, none of the exceptions to the exemption apply.
a. Location. Section 15300.2(a) does not apply to a Class 32 infill exemption.
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b. Cumulative Impact. Cumulative impacts relates to successive projects of the same type in the same place. No development is proposed at this time; however, the City maintains a list of active development project on the Major Project webpage: Major Planning Projects - San Rafael Cumulative project for 350 Merrydale include the Northgate Mall Redevelopment, 555 Northgate, and the project at 4040 Civic Center Drive. The project would not affect sensitive biological resources and therefore would not result in a cumulative impact related to biological resources. As noted in the report, VMT and air quality analyses already take into account cumulative impacts and these impacts were found to be less than significant. The proposed project would not contribute pollutants such that water quality would be impacted and would be served by available utilities and public services. The project would not result in a cumulatively considerable contribution to potential cumulative impacts. The project would involve temporary noise and vibration during construction; however, these effects are localized and would cease upon cessation of construction activities. Construction noise impacts would not perceptibly overlap for the proposed project and the projects listed above, given their distance from the site; the other projects are over 0.25-miles from the project site. Noise attenuates over distance and as a result of intervening buildings and topography, and construction noise from other projects would not be substantially perceptible at the project site. Overall, the project would not result in a significant contribution to potential cumulative impacts. Therefore, this exception does not apply to the proposed project.
c. Significant Effect and Unusual Circumstances. CEQA Guidelines Section 15300.2 states that “a categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.” The project site is a level, paved and developed site in an urbanized area surrounded by other development. Neither the site, its surroundings, or the proposed project itself (a residential project on a level site in an urban area) are unusual in terms of existing conditions, land uses or proposed features. The potential presence of cultural resources is not uncommon or unusual in urban neighborhoods in the Bay Area, and as discussed further below, impacts related to cultural resources would be less than significant with implementation of existing City regulations. The project site does not possess characteristics which would qualify as unusual circumstances under CEQA Guidelines Section 15300.2. There are no known unusual circumstances at the project site or related to project operations that would result in a reasonable possibility of significant effects on the environment. Therefore, this exception to a Categorical Exemption does not apply to the proposed project.
d. Scenic Highways. Section 15300.2(d) does not apply because the project site is not in proximity or visible to any designated scenic highway or highway eligible for
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designation based on the State of California’s Scenic Highway program (Caltrans, 2025).
e. Hazardous Waste Sites. The site is not a hazardous waste site and is not included on a list compiled pursuant to Section 65962.5 of the Government Code (DTSC 2025, SWRCB 2025). This exception is not applicable to the proposed project.
f. Historical resources. CEQA Guidelines Section 15300.2(f) states that a categorical exemption “shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource.” Archeological Resource Service prepared a Cultural Resources Evaluation for the project site in March of 2018. The assessment included: a California Historical Resources Information System (CHRIS) records search; a check of historical reference to determine potential for archeological deposits; a surface reconnaissance of all accessible parts of the site for visible signs of potentially significant historic or prehistoric deposits; and contact with all appropriate Native American organizations or individuals designated by the Native American Heritage Commission to determine the presence or absence of listed Sacred Lands within the project area. Archeological Resource Service concluded that no indicators of Native American habitation or use is expected as this location. No archeological monitoring was required, but several recommendations made with the intention of minimizing potential negative impacts to cultural resources in the event that they are discovered in the project area. The City has adopted a number policies and regulations to protect cultural and historical resources, including:
• San Rafael General Plan 2040 Policy CDP-5.13
• Resolution No. 10980.
• San Rafael Code of Ordinances Chapter 2.19 - Archeological Resources Protection Accordingly, the City, as a standard regulatory practice, includes conditions of approval for projects on sites with the potential to contain cultural resources, as required by these City policies and regulations. The following conditions of approval (COA) to implement these existing regulations would apply to the proposed project:
COA-Cultural Resources-1 Retention of a Qualified Archaeologist. Prior to the start of project-related ground disturbance activities that may include, but are not limited to, demolition, pavement removal, potholing, grubbing, tree removal, trenching, excavation or grading, the applicant shall retain an archaeologist that meets the Secretary of the Interior’s Professional Qualifications Standards (Qualified Archaeologist) in prehistoric archaeology to oversee all Conditions of Approval associated with cultural resources.
COA-Cultural Resources-3 Unanticipated Discoveries of Archaeological
Resources. Should archaeological resources unrelated to those associated with the resource addressed in COA –2, as determined by the Qualified Archaeologist,
4912-4970-3031 v1
be encountered during ground disturbing activities, work shall be immediately halted within 50 feet of the discovery until the Qualified Archaeologist has inspected the find. Discoveries may consist of pre-contact and/or historic-period resources. Construction shall not resume within the discovery area until the Qualified Archaeologist has conferred on the significance of the resources with the City, and Native American representatives for resources of an indigenous nature. If it is determined that the unanticipated discovered archaeological resource constitutes a historical resource or a unique archaeological resource under CEQA, avoidance and preservation in place is the preferred manner of mitigation. Preservation in place of the unanticipated discovery may be accomplished by, but is not limited to, avoidance, incorporating the resource into open space, capping, or deeding the site into a permanent conservation easement. In the event that preservation in place of the unanticipated discovery is demonstrated to be infeasible and data recovery through excavation is the only feasible mitigation available, an Archaeological Resources Treatment Plan shall be prepared and implemented by the Qualified Archaeologist in consultation with the City that provides for the adequate recovery of the scientifically consequential information contained in the archaeological resource. The Qualified Archaeologist and City shall consult with appropriate Native American representatives in determining treatment for pre-contact or indigenous resources to ensure cultural values ascribed to the resource, beyond those that are scientifically important, are considered. With application of existing City regulations and standard conditions of approval, the proposed project would not result in an adverse change to the significance of a cultural resource, and this exception is not applicable to the proposed project.
VIII. CONCLUSION Based on this analysis, the Project qualifies for a Categorial Exemption under CEQA Section 15183 as the Project is consistent with the development density established by existing zoning and general plan policies associated with the certified City of San Rafael 2040 General Plan. The Project also meets the criteria for a Class 32 Categorical Exemption pursuant to Section 15332 of the State CEQA Guidelines and is exempt from CEQA pursuant to CEQA Guidelines Article 19.
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IX. REFERENCES Bay Area Air Quality Management District (2022). Bay Area Air Quality Management
District 2022 CEQA Guidelines. https://www.baaqmd.gov/~/media/files/planning-and-research/ceqa/ceqa-guidelines-2022/ceqa-guidelines-chapter-4-screening_final-pdf.pdf?rev=ac551d35a52d479dad475e7d4c57afa6&sc_lang=en. Accessed November 3, 2025. California Department of Transportation (Caltrans), 2025. California State Scenic
Highways. https://dot.ca.gov/programs/design/lap-landscape-architecture-and-community-livability/lap-liv-i-scenic-highways. Accessed 3 November 2025. City of San Rafael (2021). San Rafael General Plan 2040. City of San Rafael. https://storage.googleapis.com/proudcity/sanrafaelca/uploads/2021/09/FullDocument-Adopted080221.pdf City of San Rafael (2021). San Rafael General Plan 2040 & Downtown Precise Plan
Final EIR. City of San Rafael. Available at: https://storage.googleapis.com/proudcity/sanrafaelca/uploads/2021/06/FinalEIR_Combined_WithAppendix_05-21-2021-v2.pdf City of San Rafael (2022). City of San Rafael Transportation Analysis Guidelines. City of San Rafael. Available at: https://docs.google.com/viewerng/viewer?url=https://storage.googleapis.com/proudcity/sanrafaelca/2024/08/SanRafael_TA_Guidelines_Feb-2022.pdf Crocker, Malcolm J. (Editor) (2007). Handbook of Noise and Vibration Control Book, ISBN: 978-0-471-39599-7, Wiley-VCH, October. California Department of Toxic Substances Control (2025). EnviroStor. https://www.envirostor.dtsc.ca.gov/public/. Accessed November 3, 2025. Federal Transit Administration (FTA) (2018). Transit Noise and Vibration Impact
Assessment Manual. U.S. Department of Transportation Federal Transit Administration. Available at: https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/research-innovation/118131/transit-noise-and-vibration-impact-assessment-manual-fta-report-no-0123_0.pdf Harris, Cyril, 1991, Handbook of Acoustical Measurements and Noise Control Third
Edition. Illingworth &Rodkin, Inc, 2018. 3833 Redwood Boulevard Environmental and
Vibration Assessment.
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Institute of Transportation Engineers (ITE) (2021). Trip Generation Manual, 11th
Edition. Institute of Transportation Engineers (ITE). Available at: https://www.ite.org/pub/?id=FB8FA48B-9560-D85F-56A4-5A6F8CD1A9CF Kinsler, Lawrence E. and R. Frey, Austin and B. Coppens, Alan and V. Sanders, James. Fundamentals of Acoustics, 4th Edition. ISBN 0-471-84789-5. Wiley-VCH, December 1999. Kirchmann, Jason, PE, PLS, QSD/SP. “Subject: 3R’s School Site (350 Merrydale Road – San Rafael, CA) – Hydrology Analysis.” Received by Josh Minshall, Department of Public Works, City of San Rafael 25 Oct. 2018. Niebanck, M.B., PG (2025). Phase I Environmental Site Assessment, 350 Merrydale
Road, San Rafael, California. Amicus – Strategic Environmental Consulting. Roop, W., M.A., RPA, (2018). A Cultural Resources Evaluation of 350 Merrydale, 3833
Redwood Highway, San Rafael, Marin County, California. Archeological Resource Group. State Water Resources Control Board, 2025. Geotracker. https://geotracker.waterboards.ca.gov. Accessed November 3, 2025.
ATTACHMENTS A. General Plan Consistency Determination B. City of San Rafael City Council Ordinance No. 1979
Attachment A
General Plan 2040 Consistency 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.
Consistent. 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 is consistent 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.
Consistent. 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 is
consistent 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
Consistent. 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 is consistent with this policy.
Attachment A
General Plan 2040 Consistency 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 A
General Plan 2040 Consistency 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.
Consistent. The Property is zoned PD District and therefore is consistent
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
Consistent. 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 is consistent with this policy.
Attachment A
General Plan 2040 Consistency 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.
Consistent. 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
Consistent. 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 is consistent 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.
Consistent. 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 is consistent with this
policy.
Attachment A
General Plan 2040 Consistency 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.
Consistent. 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 is consistent with this policy.
Attachment A
General Plan 2040 Consistency 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.
Consistent. 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 is consistent 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.
Consistent. 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 is consistent 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.
Consistent. 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.
Consistent. 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 is
consistent with this policy.
Attachment A
General Plan 2040 Consistency 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.
Consistent 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 is
consistent 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 A
General Plan 2040 Consistency 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.
Consistent 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 A
General Plan 2040 Consistency 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.
Consistent. 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 is consistent 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 A
General Plan 2040 Consistency 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 A
General Plan 2040 Consistency 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.
Consistent. 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 is consistent 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.
Consistent. 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 A
General Plan 2040 Consistency 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 is consistent 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.
Consistent. 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 is consistent 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 A
General Plan 2040 Consistency 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
Consistent. 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 A
General Plan 2040 Consistency 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.
Consistent. 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 is
consistent 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.
Consistent. 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 is consistent 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.
Consistent. 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 is consistent 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 A
General Plan 2040 Consistency 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.
Consistent. 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 is consistent with this policy.
Attachment A
General Plan 2040 Consistency 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
Consistent. 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 is consistent 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.
Consistent. 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 is consistent 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.
Consistent. The temporary use of the Property as an interim shelter to accommodate unsheltered San Rafael residents. Therefore, the acquisition is consistent with this policy.
Attachment A
General Plan 2040 Consistency 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.
Consistent. 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 is consistent 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 A
General Plan 2040 Consistency 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.
Consistent. 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 is consistent 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.
Consistent. 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 is consistent 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.
Consistent. 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.
Consistent. 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 is consistent 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.
Consistent. 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
is consistent with this policy.
Attachment A
General Plan 2040 Consistency 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.
Consistent. 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 is consistent 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.
Consistent. 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 state law and is consistent with this program, and the acquisition is consistent with the General Plan.
CLERK'S CERTIFICATE
I, LINDSAY LARA, City Clerk of the City of San Rafael, and Ex-Officio Clerk of
the Council of said City , do hereby certify that the foregoing
ORDINANCE NO. 1979
AN ORDINANCE OF THE SAN RAFAEL CITY COUNCIL APPROVING A PLANNED
DEVELOPMENT REZONING FROM PLANNED DEVELOPMENT (PD) DISTRICT
(PD1594) TO A REVISED PD (ZC19-002), INCLUDING THE RESCISSION OF PD 1594,
AND CREATION OF A NEW PD DISTRICT, TO ALLOW THE DEMOLITION OF
EXISTING ONE-STORY BUILDINGS AND CONSTRUCTION OF NINE (9) THREE-
STORY RESIDENTIAL BUILDINGS WITH A TOTAL OF 45 "FOR SALE" MULTI-
FAMILY RESIDENTIAL UNITS (INCLUDING 9 BELOW-MARKET-RATE (BMR)
UNITS), 94 PARKING SPACES, WITH NEW LANDSCAPING AND CREEKSIDE
ENHANCEMENTS ON AN EXISTING 2.28 ACRE PARCEL LOCATED AT 350
MERRYDALE RD/3833 REDWOOD HWY (MERRYDALE TOWNHOMES) (APN'S: 179-
041-27 AND 179-041-28)
is a true and correct copy of an Ordinance of said City , and was introduced at a REGULAR
meeting of the City Council of the City of San Rafael , held on the 3rd day of February
2020 ; a SUMMARY of Ordinance No . 1979 was published as required by City Charter in
the MARIN INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael ,
and passed and adopted as an Ordinance of said City at a REGULAR meeting of the City
Council of said City , held on the 18th day of February 2020, by the following vote , to wit:
AYES :
NOES:
ABSENT:
COUNCILMEMBERS: Bushey, McCullough & Mayor Pro Tern Colin
COUNCILMEMBERS: None
COUNCILMEMBERS: Gamblin & Mayor Phillips
WITNESS my hand and the official
Seal of the City of San Rafael this
24th day of February 2020
LINDSAY LARA
City Clerk
ORDINANCE NO. 1979
AN ORDINANCE OF THE SAN RAFAEL CITY COUNCIL APPROVING A PLANNED
DEVELOPMENT REZONING FROM PLANNED DEVELOPMENT (PD) DISTRICT (PD1594) TO A
REVISED PD (ZC19-002), INCLUDING THE RESCISSION OF PD 1594, AND CREATION OF A NEW
PD DISTRICT, TO ALLOW THE DEMOLITION OF EXISTING ONE-STORY BUILDINGS AND
CONSTRUCTION OF NINE (9) THREE-STORY RESIDENTIAL BUILDINGS WITH A TOTAL OF 45
"FOR SALE" MULTI-FAMILY RESIDENTIAL UNITS (INCLUDING 9 BELOW-MARKET-RATE (BMR)
UNITS), 94 PARKING SPACES, WITH NEW LANDSCAPING AND CREEKSIDE ENHANCEMENTS
ON AN EXISTING 2.28 ACRE PARCEL LOCATED AT 350 MERRYDALE RD/3833 REDWOOD HWY
(MERRYDALE TOWNHOMES)
(APN'S: 179-041-27 AND 179-041-28)
WHEREAS, on September 17, 1990, the San Rafael City Council adopted Ordinance No. 1594,
which established a Planned Development (PD) allowing the land use regulations for use of the
property as a day care for training up to 120 developmentally disabled adults, consistent with
conditions of approval in the Use Permit (UP90-22) approved by the Planning Commission on August
14, 1990; and
WHEREAS, the current Planned Development (PD1594) District zoning for this site does not
allow residential development and does not contain appropriate land use limitations and development
standards, as required by Section 14.07.060 of Title 14 of the San Rafael Municipal Code (Zoning
Ordinance); and
WHEREAS, on November 8, 2019, Michael Hooper of Campus Properties, on behalf of the
property owner, Ridgewood Properties, submitted an application for PD Rezoning (ZC19-002)
requesting to establish the required development standards for the proposed redevelopment of the site
to allow the construction of 45 residential "for sale" condominium units, including parking, landscaping
and creekside enhancements; and
WHEREAS, on November 8, 2019, Michael Hooper of Campus Properties, on behalf of the
property owner, Ridgewood Properties, also submitted accompanying applications for Environmental
and Design Review Permit (ED18-100), Tentative Subdivision Map (TS18-006), Subdivision Exception
(EX19-012), Use Permit (UP18-039) and Environmental Review/Initial Study (IS 18-001) and these
accompanying applications are being processed concurrent with the Rezoning application, as required
by the Zoning Ordinance; and
WHEREAS, the application for the PD rezoning proposes to rescind the current PD 1594 and
establish a new PD District for the property that would allow for multi-family residential use; and
WHEREAS, the proposed PD District land use and development regulations for the property
are presented in Exhibit B attached hereto and incorporated by reference. The PD proposes to:
a. Rescind the current PD 1594;
b. Create a new PD Zoning District for the 350 Merrydale Rd/3833 Redwood Highway
property;
c . Establish permitted land uses in the new PD, that would mirror the current allowances in the
High Density Residential (HR1) Zoning District;
d. Establish development standards, including parking requirements, consistent with the HR1
Zoning District; and
Attachment 2-1
WHEREAS, consistent with the requirement of the City of San Rafael Environmental
Assessment Procedures Manual and the California Environmental Quality Act (CEQA) Guidelines, an
Initial Study was prepared finding that the proposed new 45-unit townhome development would not
result in significant environmental effects, in that revisions to the project have been made and
mitigation measures are required to mitigate any potential adverse impacts to less-than-significant
levels. Mitigation Measures were identified to reduce the level of significance to less than significant in
the following topical areas (Aesthetics, Air Quality, Biological Resources, Cultural Resources,
Hydrology and Water Quality, Noise, Transportation, and Tribal Resources); and
WHEREAS, consistent with the provisions of CEQA, a Mitigation Monitoring and Reporting
Program has been prepared to implement the project mitigation measures and to accompany the
Mitigated Negative Declaration; and
WHEREAS, on July 17, 2018, the Design Review Board ("ORB" or "Board") reviewed the
project as a conceptual review item. The Board was largely supportive of the proposed building design
but recommended changes, including greater sensitivity to the neighbors resulting from the roof decks,
increasing the front setback along Merrydale Rd. to comply with the required 15-foot front setback,
improving recreational activities for children on the site, addition of a Community Room, and provide
information for the required trash enclosure; and
WHEREAS, on July 25, 2019, the applicant hosted a neighborhood meeting to have a more
informal presentation and discussion with surrounding neighbors; and
WHEREAS, the applicant revised the project in response to the Board's comments, as well as
to public comments during the ORB and neighborhood meetings , including 1) providing a broader
range of unit types and sizes, 2) providing a community room and outdoor patio complete with
furnishings, 3) increasing the creek setback to a minimum of 25 ft.; 4) providing crane pads for creek
maintenance; 5) increasing the front setback on the Merrydale frontage from 8 feet 1 inch to 15 feet, 2
inches from the Merrydale property line; 6) eliminating the proposed roof decks; 7) eliminating the
proposed Accessory Dwelling Units (ADU's); 8) eliminating the California Pepper tree species; 9)
providing more details on the creek promenade area (which will also have amenities for youth to play);
and 10) adding bio-retention information to the landscape plan. The side yard setback along the south
property line was reduced from 10 feet to a setback of 7-9 feet (approximately) and some street
parking was eliminated in order to re-design and eliminate the proposed building encroachment into the
required 25' creek setback; and
WHEREAS, on August 6, 2019, the ORB conducted a duly noticed public meeting and reviewed
the formal application and plans submitted for the project. The Board found that the changes had
adequately addressed their prior comments during conceptual review and in conclusion, the Board
voted to recommend approval of the project design, with some minor changes. The motion was made
by Member Saude and second by Member Rege . Motion to recommend approval of the project design
passed 3-0-2 with Members Paul, Rege and Saude voting "aye" and Members Kent and Summers
absent. The recommended modifications included:
• Community /Recreation Room and adjacent Paseo promenade needs to provide a more
integrated indoor/outdoor common amenity for the residents.
• Visual impacts of AC units need to be mitigated better along public areas (Paseo and creek
trail) and Merrydale frontage . The applicant is encouraged to explore greater landscape
screening and/or relocating and grouping the AC units to the interior ends of the buildings.
• The project needs to incorporate greater sustainability into the design, including, but not limited
to, pre-wiring all garages for EV charging stations and pre-wiring all roofs for PV rooftop solar
systems.
Attachment 2-2
WHEREAS, the applicant has incorporated all recommended changes in the revised plans;
WHEREAS, the project, including the Notice of Availability of the Initial Study/Mitigated
Negative Declaration, along with the planning applications were publicly noticed 30 days in advance of
the scheduled December 3, 2019 Planning Commission hearing, through the following means: 1)
publishing a legal ad in the Marin Independent Journal on November 9, 2019; 2) subject site was
posted with a public notice regarding the Mitigated Negative Declaration and the project applications;
and 3) notices were published in a local newspaper of general circulation in the area and mailed to
surrounding property owners within 400 feet, pertinent agencies (including responsible and trustee
agencies), organizations and special interest groups pursuant to CEQA Guidelines Section 15072; and
WHEREAS, on December 10, 2019, the Planning Commission held a duly noticed public
hearing on the proposed project accepting and reviewing public comment. On a 6-0-1 vote
(Commissioner Samudzi absent) the Planning Commission adopted Resolutions Nos. 19-11 and 19-12
to recommend to the City Council: a) adoption of a Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program for the project, and b) adoption of the PD District Rezoning, and c)
conditional approval of the Environmental and Design Review Permit (ED18-100), Master Use Permit
(UP19-039), Tentative Subdivision Map (TS18-006) and Subdivision Exception (EX19-012); and
WHEREAS, on February 3, 2020, by adoption of a separate resolution, the City Council
adopted a Mitigated Negative Declaration and approved a Mitigation Monitoring and Reporting
Program for the project; and
WHEREAS, on February 3, 2020, the City Council held a duty noticed public hearing on the
proposed project, accepting and considering all oral and written public testimony and the written report
of the Department of Community Development; and
WHEREAS, the custodian of documents which constitute the record of proceedings upon which
this decision is based is the Community Development Department of the City of San Rafael; and
WHEREAS, as required by San Rafael Municipal Code Sections 14.07.090 and 14.27.060, the
City Council makes the following findings in support of an ordinance to rescind the existing Planned
Development (PD) District (PD 1594 ), as shown on the map contained in Exhibit "A" and further
described in Exhibit "C," and to establish a new PD District as outlined in Exhibit "B" (350 Merrydale
Residential Townhomes):
1. The Development Plan is consistent in principle with the San Rafael General Plan 2020 and
other applicable City plans or policies in that the 350 Merrydale Rd. Residential Townhomes
-Planned Development District document includes appropriate development standards, and
is subject to an Environmental and Design Review Permit and a Master Use Permit,
implementing the intent of Chapters 22 (Use Permit) and 25 (Environmental and Design
Review Permit) of the San Rafael Zoning Ordinance (Title 14 of the San Rafael Municipal
Code), Subdivision Ordinance (Title 15 of San Rafael Municipal Code), and the applicable
General Plan land use policies, including :
a. The proposed project as designed and conditioned would be would be consistent
with Land Use Element Policies LU-2 (Development Timing), ), LU-8 (Density of
Residential Development), LU-10 (Planned Development Zoning), LU-12 (Building
Heights), LU-23 (Land Use Compatibility), LU-23 (Land Use Map and Categories)
given that the project: 1) would be approved at a time when there is adequate
infrastructure to serve the proposed development; 2) 3) would not exceed the
maximum density allowed in the GC Land Use category (34-72 units); 4) would not
Attachment 2-3
exceed the maximum building height of 36 feet allowed for this area of San
Rafael; and 5) has been designed to minimize potential visual impacts on the
surrounding residnetial properties by limiting bulk , mass and height;
b. The proposed project as designed and conditioned would be consistent with
Housing Element Policies H-2 (Designs that Fit Into Neighborhoods), H-3 (Public
Information and Participation), H-14 (Adequate Sites), H-15 (Infill Near Transit),
and H-19 (lnclusionary Housing), in that: 1) residential development is allowed on
the site per the General Commercial General Plan Land Use deisgnation; 2) the
project design has been subject to review by the public and has been
recommended for approval by the Design Review Board; 3) the project would add
45 units of housing within walking diatnce of mass transit, incluing the Civic
Cemter SMART Train station , ½ mile from the project siteof the SMART Train; and
4) the project would include nine (9) below-market-rate (BMR) units, five (5)
affordable at the low-income level and four ( 4) at moderate-icome level.
c. The project is partially consistent with the applicable Neighborhoods Element
Policy NH-2 (New Development in Residential Neighborhoods), NH-3 (Housing
Mix), NH-17 (Competing Concerns), NH-151 (New Ddevelopment), NH-86 (Design
Considerations for Development in the Vicinity of the Civic Center), NH-128
(Sidewalk Improvements), NH-129 (Neighborhood Parking), NH-142 (Redwood
Highway Improvements), and NH-148 (Residential Uses at the end of Merrydale
Rd.) in that: 1) the proposed new 45-unit development has been designed to be a
transitional use between existing commercial development and residential
development on Merrydale Rd. The building design minimizes impacts to
surrounding residential properties by providing code compliant front and side
setbacks and preserving some existing trees at the perimeter of the project site
and proposing 55 new trees on site ; 2) 94 parking spaces are provided on the site
in compliance with the required parking requirement for 45 units, and 4 new on-
street parking spaces would be created along the east side of Merrydale Rd.; and
3) Redwood Highway would be extending and provide secondary access through
the project site, allowing pedestrian access to the propsoed new "creek
promenade" on the north side of the site as well as vehicular access to Merrydale
Rd .
d. The project as proposed and as conditioned would be consistent with Community
Design Element Policies CD-2 (Neighborhood Identity), CD-3 (Neighborhoods),
CD-5 (Views), , CD-11 (Multifamily Design Guidelines), CD-14 (Recreational
Facilities), CD-15 (Participation in Project Review), CD-18 (Landscaping), CD-19
(Lighting) in that the project design: 1) preserves, to the greatest extent possible,
views the Civic Center from the adjacent one-story residential neighborhood. The
building heignt is 33.5' (less than the 36' height limit allowed); 2) is generally in
keeping with the mass and scale of adjacent commercial and residential
development on the east side of Merrydale Rd. and would introduce a higher
quality architectural design than currently present on the site; 3) provides
landscaping to screen and enhance the project and site; 4) provides new "creek
promenade" with landscaping and recreational amenities along Las Gallinas Creek
to the north of the development; 5) creates adequate lighting without spillover onto
adjacent properties or natural areas; and 6) has been reviewed by the Design
Review Board and found to be consistent the applicable design policies of the
General Plan and the City's Residential Design Guidelines .
e. The project as proposed and as conditioned would be consistent with Circulation
Policies C-5 (Traffic level of Service Standards), C-7 (Circulation Improvements
Funding), C-8 (Eliminating and Shifting Peak Hour Trips), C-9 (Access for
Attachment 2-4
Emergency Services), C-26 (Bicycle Plan Implementation) and C-31 (Residential
Area Parking) in that the project: 1) would not exceed the acceptable level of
service standards (LOS), LOS E, for both intersections or arterials; 2) would be
required to pay its fair share towards traffic impacts to fund circulation impacts in
order to maintain acceptable LOS standards for the General Plan; 3) would
maintain adequate access for emergency services as determined by the City 's
Public Safety Departments; and 4) would create a new Class Ill Bike Lane along
Meerydale Rd. and install a new sidewalk along the east side of Merrydale , thereby
facilitating better pedestrian access along Merrydale Rd . as well as pedestrain
access to the new creek promenade area,
f. The project as proposed and as conditioned would be consistent with
Infrastructure Element Policies 1-2 (Adequacy of City Infrastructure and Services),
and 1-10 ( Sewer Facilities) in that: 1) the appropriate utility agencies have
reviewed the project and determined that the property is currently being served .
However, 1) Marin Municipal Water District (MMWD) has determined that the
property's current annual water entitlement may be insufficient for the new uses
and the purchase of additional water entitlement may be required, as well as
compliance with all indoor and outdoor requirements of District Code Title 13 for
water conservation; and 2) the Las Gallinas Valley Sanitation District (LGVSD)
would continue to provide service to the project site , although the 45 proposed
residential townhome units would result in an increase in intensity of development
over existing uses. The LGVSD has reviewed the project, provided comments and
will require that the development project submit an Application for Allocation of
Capacity and pay additional capacity fees prior to submittal of a building permit.
The project design incorporates sanitary sewer infrastructure that connects all
residences to the current LGVSD sanitary system, including two possible
infrastructure improvements : a) a gravity system and flow diversion with an
updated LGVSD pump station, or b) a lift-station (with control cabinet) located in
the southeastern corner of the project site for pumping sanitary sewer to the main
LGVSD pump station (which would also be updated). Either design solution would
satisfy LGVSD requirements for sanitary sewer service .
g. The project as proposed and as conditioned would would be consistent with the
Sustainability Element Policies SU-5 (Reduce Use of Non-Renewable Resources),
SU-6 (Resource Efficiency in Site Development), SU-7 (New and Existing Trees),
SU-10 (Zero Waste) in that given that: 1) the revised project plans include a
provision that all town home units and stacked flats (to the extent practicable) will
be provided with pre-wiring for photovoltaic rooftop solar systems; 2) all garage
units will be provided with 220-volt power points suitable for EV charging; 3) the
project will comply with the most recently adopted CBC (California Building Code)
CalGreen and Title-24 Energy regulations; 4) conditions subject the project to the
Marin Municipal Water District's most recently adopted water conservation and
gray water regulations; 5) 55 new trees will be planted on site and 13 existing trees
will be preserved on site; and 6) The project is proposing a covered and screened
trash enclosure, the design and location of which has been reviewed and approved
by Marin Sanitary Service (MSS).
h . The project as proposed and as conditioned would would be consistent with the
Culture and Arts Element Policy CA-15 (Protection of Archaeological Resources)
in that: 1) The existing buildings were constructed in 1967 or 1968 as a school
facility but does not meet criteria as defined in CEQA Guidelines Section 15064.5 .
The existing structures and site have been modified over the years and do not
appear to have any historical significance; and 2) the site for original construction
A ttachm ent 2-5
of existing buildings would have disrupted any archaeological deposits if they were
present. Indications of the disturbance would likely still be apparent when
examining remnant soils . Based on the results of the cultural resources
investigation conducted for the proposed project , no prehistoric or historic-period
archaeological resources were identified within the project area . However,
mitigation measures have been included in the IS/MND MMRP (CUL T-1 and
CUL T-2) to protect any resources found during construction activities.
i. The project as proposed and as conditioned would be consistent with Park and
Recreation Element Policy PR-10 (On-site Recreation Facilities) in that the project
will provide a 500 sq . ft. "community room" for the residents which will include a
kitchen area and bathroom. The community room will also have sliding glass
doors that open onto an approximately 500 sq . ft. patio area , with planters seating ,
and a BBQ area.
j. The project as proposed and as conditioned would be consistent with Safety
Element Policies: S-1 (Location of Future Development), S-3 (Use of Hazard Maps
in Development Review), S-4 ( Geotechnical Review), S-6 ( Seismic Safety of New
Buildings), S-18 (Storm Drainage Improvements), S-25 (Regional Water Quality
Control Board (RWQCB) Requirements), and S-32 (Safety Review of
Development Projects) in that: 1) the project has been reviewed using the hazard
maps and Geotechnical Review Matrix; 2) the geotechnical review and peer review
concluded that the development on this site, with conditions, is feasible and
appropriate from a geotechnical engineering standpoint; 3) the project would not
include any hazardous materials or uses in it operations; 4) the development would
be built to conform to current building and seismic safety codes; 5) the structure
would be built in accordance with the Federal Emergency Management Agency
(FEMA) regulations for this type of structure and use in a 500-year flood zone; 6)
an erosion control plan would be required during contsruction of the project; 7) the
drainage plan would direct all new run-off from the site into vegetative bio-retention
areas before being released into the storm drain system; and 8) the project has
been reviewed by the Police and Fire Department and found to be in conformance
with their fire and crime prevention standards and would not pose a risk to public
safety safety or impact their levels of service.
k. The project as proposed and as conditioned would be consistent with Noise
Element Policies N-1 (Noise Impacts on New Development), N-2 (Exterior Noise
Levels for Residential Use), N-3 (Planning and Design of New Development), N-4
(Noise from New Nonresidential Development), and N-5 (Traffic Noise from New
Developmentin that the project: 1) Based on information in the Acoustical Report
by Illingworth and Rodkin , the IS/MND analysis indicated that Building 2 through
Building 7 would also exceed the 45 dBA Ldn threshold with windows partially
open . With standard construction and forced-air ventilation , allowing occupants the
option of keeping windows closed to control noise, Buildings 1, 2 8, and 9 would
achieve the 40 dBA Ldn and 45 dBA Ldn thresholds. The east facades or buildings
3, 4, 5, and 6, facing US-101, would be exposed to 70 dBA Ldn. The east facade
of Buildings 2 and 7 would be partially shielded by the buildings to the east and
would be exposed to 67 dBA Ldn . The west facade of Buildings I and 9 would be
exposed to traffic noise from Merrydale Rd. up to 58 dBA Ldn . These levels are in
the "Clearly Unacceptable" range in Exhibit 31 of the General Plan 2020.
Therefore, the Acoutical Report recommended additional mitigation measures
required prior to issuance of the building permit to required force-air ventilation and
the appropriate STC window ratings to maintain interior noise levels at acceptable
levels (see Environmental and Design Review Permit COA #25; 2) conditions and
A ttachm ent 2-6
mitigations have been incorporated to reduce any temporary impacts due to
construction (Initial Study Mitigation Meausure NOISE-1 ); and 3) the Acoutical
Report determined that the primary noise sources at the site would continue to be
vehicular traffic on US-101 and Merrydale Rd. US-101 is elevated by about 10
feet above the site. Based on traffic volumes provided in the Traffic Impact
Assessment Report prepared for the proposed project, traffic noise levels are
calculated to increase by 1 dBA along Merrydale Rd. under future conditions
(2040) due to increases in traffic volumes on Merrydale Rd .. An increase in 1 dBA
would be barely detectable to typical human hearing and is not considered a
significant increase.
I. The project as proposed and as conditioned would be consistent with
Conservation Element Policies CON-6 (Creek and Drainageway Setbacks), CON-7
(Public Access to Creeks), CON-8 (Enhancement of Creeks and Drainageways),
CON-9 (Native and/or Sensitive Habitats), CON-14 (Special Status Species), and
CON-16 (Landscape with Native Plant Species) in that the proposed project: 1)
would maintain setbacks from the creek and provide creek enhancements with
added landscaping and pedestrian access point; 2) would not impact a wildlife
corridor since the site is currently developed and biological assessments have
found no such corridors; 3) would not impact any senstive or
threatened/endangered species or habitats; 4) has been conditioned to ensure that
disturbance to any potential nesting birds be avoided during construction; and 5)
would provide new trees and shrubs throughout the site, as well as bio-retention
areas to facilitate proper site drainage.
m. The project as proposed and as conditioned would be consistent with Air and
Water Quality Element Policies: AW-1 (State and Federal Standards), AW-2 (Land
Use Compatibility), AW-4 (Particulate Matter Pollution Reduction), AW-7 (Local,
State and Federal Standards), and AW-8 (Reduce Pollution from Urban Runoff)
since the project: 1) would comply with local, state and federal air quality
standards; 2) mitigation measures have been incorporated to address temporary
air quality impacts during construction; 3) drainage systems have been designed
to utilize vegetated swales before discharging drainage into storm drain systems or
the creek; and 4) methods consistent with the Storm Water Pollution Prevention
Standards of the Regional Water Quality Board have been incorporated into the
design and conditions have been included to require compliance with these
standards.
2. The applicant proposes to add 45 units of new residential development (market rate and
below market rate (BMR) units) which will help serve to accommodate the projected need
for 1,007 additional housing units in the City by the year 2023. The 3-story development will
serve as a transition between the existing 2-story residential properties, commercial
development, and the single-family lots in the interior Rafael Meadows neighborhood. The
existing creek has been protected by providing a 25-foot setback and will be enhanced with
new vegetation along the south bank and designed with a shared maintenance and
pedestrian promenade. Further, the development plan has been reviewed and
recommended for approval by the Design Review Board.
3. The applicant has demonstrated that the proposed development can be served by public
facilities such as sewer, water, refuse services and other infrastructure resources that
currently serve the existing development and are available to serve the proposed
redeveloped site.
Attachment 2-7
4. The applicant has accepted the City's direction to use the HR1 property development
standards for the new PD zoning, as this zoning district most closely approximates the
adjacent property development standards. The proposed new development has been
designed to be in compliance with the applicable HR1 property development standards, and
the proposed project is not requesting any deviations (Variances) from the HR1 setbacks.
However, the City standard per San Rafael Municipal Code Section 15.06.050(c) is that
local streets provide a minimum right-of-way of 60 feet and a minimum pavement width of
40 feet. Due to site constraints (creek and utility easements) the applicant is requesting an
exception to allow a private street with an easement of 30 feet and a minimum pavement
width of 20 feet and providing at least one sidewalk. This requires approval of an Exception
request, pursuant to San Rafael Municipal Code Section 15 .01 .120(c). The City Engineer
has reviewed the project and is in support of the Exception request.
5. The auto, bicycle and pedestrian traffic systems presented on the Development Plan are
adequately designed for circulation needs and public safety in that: a) the Development
Plan proposes sidewalks throughout the development for pedestrian access, including
access to the proposed new creek promenade area; b) the project triggers the creation of a
new Class Ill Bike Lane along Merrydale Rd.; c) the emergency vehicle ingress and egress
from the development would be provided through the existing roadway, as well as from an
extension of Redwood Highway (allowing traffic to pass through the development and
access Merrydale Rd.) and has been found to be adequate by the City of San Rafael Fire
and Police Departments; d) the access and site layout has been reviewed by the
appropriate City Departments and it has been determined that an Exception to street width
standards is appropriate and acceptable; and e) code compliant parking (94 spaces) will be
provided on site, with an additional 4 new on-street spaces added to the east side of
Merrydale Rd.
6. The public health, safety and welfare are served by the adoption of the proposed PD
District, in that the project as proposed and conditioned: a) would implement housing and
environmental goals and policies adopted for this site in the San Rafael General Plan 2020;
b) would conform to City standards for safety; c) would be consistent with the recommended
mitigation measures presented in the Initial Study/Mitigated Negative Declaration prepared
for this project; and d) would address project impacts to privacy, traffic, and parking through
the inclusion of conditions of approval on the Master Use Permit and Environmental and
Design Review Permit.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY ORDAIN
AS FOLLOWS:
DIVISION 1.
The Zoning Map of the City of San Rafael, California, adopted by reference by Section 14.01 .020 of
the San Rafael Municipal Code is amended by reclassifying the following real property from PD-1594
(Planned Development District 1594) to PD (Planned Development -Ordinance No. 1979) District.
Said property so reclassified is located at 350 Merrydale Rd/3833 Redwood Highway, San Rafael, as
shown on County Assessor's Parcel No's : 179-041-27 and 179-041-28), as shown on the map
attached as Exhibit "A" and described in Exhibit "C", which are incorporated by reference .
DIVISION 2.
Any development of this property shall be subject to the conditions outlined Exhibit "B", the Merryda/e
Townhomes -Planned Development District, which is attached hereto and made a part hereof.
Attachment 2-8
DIVISION 3.
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be
invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The
Council hereby declares that it would have adopted the Ordinance and each section, subsection,
sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection,
sentence , clause, or phrase be declared invalid .
DIVISION 4.
A summary of this ordinance shall be published and a certified copy of the full text of this Ordinance
shall be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which
it is adopted.
This ordinance shall be in full force and effect thirty (30) days after its final passage , and the summary
of this ordinance shall be published within fifteen (15) days after the adoption, together with the names
of those Councilmembers voting for or against same, in the Marin Independent Journal, a newspaper
of general circulation published and circulated in the City of San Rafael, County of Marin , State of
California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk, a
certified copy of the full text of this ordinance along with the names of those Councilmembers voting for
or against the ordinance.
. PHILLIPS, Mayor
ATTEST:
&f.~~
LINDSAY LARA, City Clerk
The foregoing Ordinance No . 1979 was introduced at a Regular Meeting of the City Council of the City
of San Rafael , held on the 3rd day of February 2020 and ordered passed to print by the following vote,
to wit:
AYES: COUNCILMEMBERS: Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Bushey
and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the
Council to be held on the 18th day of February 2020 .
f;'('S,(,tvv--,
LINDSAY LARA, City Clerk
A ttachm ent 2-9
Exhibit A:
Exhibit B:
Exhibit C:
Rezoning Map
Planned Development District Standards
Legal Property Description
Attachm ent 2-10
Exhibit A
REZONING MAP
APN 179-041-27 APN 179-041-28
PD Rezoning to Rescind PD 1594 to create a new PD for these two properties known as 3833
Redwood Highway/350 Merrydale Rd
Attachment 2-11
Exhibit B
MERRYDALE TOWNHOMES -PLANNED DEVELOPMENT DISTRICT
1. PURPOSE OF PLANNED DEVELOPMENT DISTRICT
The purpose of the Planned Development District for the 45-unit residential development is to
regulate the development of a 2 .28-acre site known as the Merrydale Townhomes located at 350
Merrydale Road/3883 Redwood Highway.
2. LAND USE REGULATIONS
a) This PD permits a 45-unit residential condominium development on the 2.28-acre site, a 500
square foot Community Room for tenant use and a "Creek Promenade" area for use as a
recreational amenity, as per approved plan Sheet SP-2.
b) All other land uses shall follow the land use regulations set forth in the High Density Residential
(HR1) District land use classification as contained in Zoning Ordinance (SRMC 14.04.020).
c) Private Usable Open Space: Balconies provided for the units shall remain open and not be
enclosed or otherwise screened with mesh or other materials .
d) Common Usable Open Space on site to include:
• Community Room: A flexible space to be used by residents with a clear interior
dimension of 14' 6" x 20' 6" space , a kitchen area (with sink, stove and refrigerator) and
bathroom and storage area. A ping pong table and stacking tables shall be provided for
the space . The Community Room would have access to an exterior 500 sf patio area
with planters, seating and a BBQ as shown in approved Plan Sheet L4. This
community room shall remain available as a recreational space to all residents and shall
not be converted into a living unit or a leasing office or storage space.
• Creek Promenade: A creek promenade area shall be established along the north side of
the project site, adjacent to the Las Gallinas Creek. The creek promenade shall be
design with landscaping, removable fencing/benches/light bollards as per approved Plan
Sheet L 1 through L3. Passive play area activities shall be installed for children as per
approved Plan Sheet L3. The promenade shall be used as a recreational amenity and
is also designed to provide access to equipment for creek maintenance activities.
e) Site Lighting fixtures (number and type) shall be installed as per approved Plan Sheet L 11.
3. DEVELOPMENT STANDARDS
The Planned Development shall be developed in conformance with the development plans,
associated drawings and reports submitted with the Planned Development as listed in the Exhibit
section and the development standards set forth below.
a) Maximum Lot Coverage
The maximum lot coverage for the site shall be 60% as shown on the development plan.
b) Floor Area Ratio: N/A
c) Residential Density: Maximum of 45 residential units. Accessory dwelling units (ADU's) or
Junior Dwelling Unit (JDU's) are allowed on the site and do not count against the maximum
residential density. Future ADU's on site shall be subject to the same regulations stipulated in
the Zoning Ordinance or as modified by State law .
Atta chm ent 2-12
Exhibit B
MERRYDALE TOWNHOMES -PLANNED DEVELOPMENT DISTRICT
d) Minimum Yards:
• Front: 15'
• Side: 5'
• Rear: 5'
e) Maximum Building Height
• Building height limits for this site is 36 ' per Exhibit 7 in San Rafael General Plan 2020 .
• Exclusions to the maximum height limits shall be as prescribed by Section 14 .16 .120 of the
Zoning Ordinance, as amended.
f) Parking
• Residential parking shall be provided as proposed : 94 on-site parking spaces (87 garage
spaces, including 20 tandem spaces) and 7 uncovered on-site, on-street spaces (including
1 ADA space). The ADA space and on-street spaces on site shall be located as shown on
approved Plan Sheet SP-2 .
• Parking for ADU or JADU's shall follow the prescribed parking requirement in the Zoning
Ordinance.
4. EXHIBITS
a) Architectural Plans prepared by WHA Architects -Sheets SP1 through SP-7, and Architectural
Plan Sheets A-1 through A-13.
b) Civil Engineering Plans prepared by Oberkamper & Associates consisting of Sheet C-1 through
C-5.
c) Landscape Plan prepared by Ripley Design Landscape Architects, consisting of Sheets L 1
through L 12 .
d) Photometric Study prepared by Associated Lighting Representatives consisting of Sheet 1.
5. AMENDMENTS
a) Amendments to uses that exceed the standards prescribed by this PD or propose uses that are
not consistent with the land use regulations of the PD shall require an amendment to the PD
District.
b) Amendments to the design, color or materials of the structures or minor site modifications to
site improvements or addition of minor accessory structures, shall be administered through an
Environmental and Design Review Permit.
Attachm ent 2-13
Exhibit C
Legal Property Description
The land referred to is situated in the County of Marin, City of San Rafael, State of California,
and is described as follows:
Parcel B, as shown upon that certain Parcel Map entitled "Parcel Map Division of the Lands of
Jacobson & Clayton Lots 1 to 13 and 22 to 31 Map of Subdivision "A" Gold Links Tract (2 Maps
7) City of San Rafael, California October 1982", filed for record November 9, 1983 in Book 21 of
Parcel Maps, at Page 6, Marin County Records.
APN: 179-041-27
179-041-28
Attachment 2-14
Attachment 2
4927-4965-7973 v2 1
CAPITAL & OPERATING GRANT AGREEMENT
BETWEEN
THE COUNTY OF MARIN
AND
THE CITY OF SAN RAFAEL
Regarding
350 Merrydale Road
San Rafael, CA
This Grant Agreement (the "Agreement") is entered into as of November __, 2025, by
and between the County of Marin, a political subdivision of the State of California (the
"County"), and the City of San Rafael, a charter city in the State of California ("Grantee" or
“City”).
RECITALS
WHEREAS, on January 31, 2024, the County and City submitted a joint application to
the California Interagency Council on Homelessness for a grant from the Encampment
Resolution Fund Round 3 (“ERF-3”) to address homeless encampments along and near the
Mahon Creek Path in downtown San Rafael, also including encampments on Francisco
Boulevard West and Andersen Drive (collectively, the “Mahon Encampment”). The Mahon
Encampment is the largest encampment in the City and currently the largest municipal
encampment in the County.
WHEREAS, on April 18, 2024, the California Interagency Council on Homelessness
awarded the County and City a $5,999,241.68 ERF-3 grant to address the Mahon Encampment
and provide services and support to its sixty-five (65) residents over a three-year period.
Specifically, the ERF-3 grant funds outreach services, housing-based case management services,
an Interim Shelter (defined below), and delivery of permanent affordable housing for Mahon
Encampment residents. The ERF-3 grant terminates on June 30, 2027.
WHEREAS, on November 19, 2024, the County and the City entered into a
Collaborative Agreement (“Collaboration Agreement”) wherein these State ERF-3 grant funds
were accepted and appropriated for use, as well as an additional $500,000 in funding from State
Senator Mike McGuire (“McGuire Funds”) and $500,000 in matching County General Funds
(“County Match Funds”), totaling an additional $1,000,000 in funding for services for the Mahon
Encampment.
WHEREAS, City has identified 350 Merrydale Road in San Rafael, California, as more
particularly described in Exhibit A (the "Property"), as an ideal location for permanent affordable
housing near transportation, transit, jobs, amenities and other services, and also to be used as an
interim homeless shelter for homeless individuals primarily from the Mahon Encampment during
the City’s planning process for permanent affordable housing on the Property.
Attachment 2
4927-4965-7973 v2 2
WHEREAS, the City’s purchase of the Property and the County’s financial support to
implement strategies to address encampments as outlined in the Collaboration Agreement,
including but not limited to, the strategies for Housing & Support and Prevention by providing
for an Interim Shelter that will qualify as a Low Barrier Navigation Center (defined below) to
serve the residents of the Mahon Encampment and a limited number of additional individuals
currently experiencing homelessness in the City for the remainder of the ERF-3 grant period
(through June 30, 2027) while the City goes through the process of developing permanent
affordable housing at the Property.
WHEREAS, the parties recognize that the process of developing the Project (defined
below) will require the City to take additional discretionary actions, such as issuing a Request for
Proposals to select an affordable housing developer and negotiating and entering into a lease
disposition and development agreement with the selected developer.; and
WHEREAS, notwithstanding the foregoing, the City, in developing the Project (defined
below), will use good faith efforts to keep affordability levels as low as possible (i.e., minimum
80% below AMI) dependent on funding and other factors developed in the Project’s proforma.
WHEREAS, City wishes to be awarded from the County, and the County wishes to
extend to City, a grant of up to Eight Million Dollars ($8,000,000.00) to assist with financing the
purchase and acquisition of the Property and initial site set up of the Interim Shelter, as defined
herein (the "Grant”), and as detailed in Exhibit B (“Approved Interim Shelter Acquisition and
Site Set-Up Budget”).
WHEREAS, the County is providing this Grant to finance acquisition and site set-up
costs for the Interim Shelter, as defined below, and the Project, to help achieve financial
feasibility for the Interim Shelter and the Project, and to support the Interim Shelter and potential
development of the Project ideally situated near jobs, transit, and other amenities.
NOW, THEREFORE, the Parties agree that the foregoing recitals are true and correct
and agree as follows:
ARTICLE 1 DEFINITIONS AND EXHIBITS
Section 1.1 Definitions
The following capitalized terms have the meanings set forth in this Section 1.1 wherever
used in this Agreement, unless otherwise provided:
(a) "Agreement" shall mean this Grant Agreement.
(b) “Approved Annual Operating Budget” shall mean the annual operating budget for
the Interim Shelter operations commencing no sooner than January 1, 2026 and operating
through June 30, 2027, unless extended per Section 3.9(e) herein, including Interim Shelter
program operations such as personnel, contracted service providers, utilities, food, etc., as
approved by the County, and attached hereto and incorporated herein as Exhibit C.
Attachment 2
4927-4965-7973 v2 3
(c) "Approved Interim Shelter Acquisition and Site Set-Up Budget" shall mean the
budget for acquisition of the Property and initial set-up costs for the Interim Shelter, as approved
by the County, and attached hereto and incorporated herein as Exhibit B.
(d) "Bed" means one of the Interim Shelter (non-congregate) structures to be
constructed on the Property, as distinguished from the Project and its units to be ultimately
developed on the site.
(e) “Cap Shelter Population" shall mean the maximum number of individuals eligible
to be served at any given time under the ERF-3 grant agreement and is equal to 65 individuals,
consisting of approximately 53 individuals at the Mahon Encampment current sanctioned
camping Area and approximately 12 individuals at the Andersen Road encampment. Both the
City and the County recognize that, due to the transient nature of homelessness, these counts
may vary slightly.
(f) “Maximum Shelter Population” shall mean the total number of individuals served
by the Interim Shelter during its operation and shall equal a total of 70 unique individuals,
consisting of the Cap Shelter Population above plus, through program attrition and contingent
upon available funding, approximately 5 additional individuals. No more than 65 individuals
may be served by the Interim Shelter at any one time.
(g) "County" shall mean the County of Marin, a political subdivision of the State of
California.
(h) “County Match Funds” shall mean the $500,000 in County general funds awarded
from the County to the City, on November 19, 2024, in a Collaborative Agreement that
“matched” a State award of $500,000 (the “McGuire Funds”).
(i) "Default" shall have the meaning set forth in Section 4.1 below.
(j) “ERF” shall mean Encampment Resolution Fund grant, or ERF-3.
(k) “Good Neighbor Policy” shall mean a set of guidelines and practices aimed at
fostering positive relationships between the Interim Shelter and its surrounding community,
attached hereto and incorporated herein as Exhibit D.
(l) "Grant" shall mean the County grant to Grantee pursuant to this Agreement in the
total amount of up to Eight Million Dollars ($8,000,000.00).
(m) "Grantee" shall mean the City of San Rafael.
(n) “Interim Shelter” shall mean the up to sixty-five (65) beds of temporary shelter
for homeless individuals at the Property, which shall consist of either pallet cabins, trailers, or
similar temporary structures. Interim Shelter includes a Low Barrier Navigation Center.
(o) “Low Barrier Navigation Center” or “LBNC” means a low barrier, temporary,
service-enriched shelter focused on helping homeless individuals and families to quickly obtain
permanent housing as authorized by Government Code Sections 65660, 65664, and 65666.
Attachment 2
4927-4965-7973 v2 4
(p) “Mahon Encampment” means homeless encampments along and near the Mahon
Creek Path, including encampments on Francisco Boulevard West (now closed) and Andersen
Drive, as more fully described in the ERF-3 Grant application.
(q) “Mahon Encampment Resident” means an individual documented as residing in
the Mahon Encampment at the time services funded by the ERF-3 grant were initially provided
(November 2024), as determined by the City and the County Health and Human Services
Department.
(r) “McGuire Funds” shall mean the $500,000 in funding from State Senator Mike
McGuire that was allocated to the City through the Collaborative Agreement, dated November
19, 2024 and that was “matched” by the County of Marin (e.g., the “County Match Funds”) .
(s) “Operating Costs” shall mean the total operating costs on a fiscal year basis for
the Interim Shelter, starting no earlier than January 1, 2026 (FY 2025-26) and operating through
June 30, 2027 (FY 2026-27), per Exhibit C.
(t) "Parties" shall mean the County and Grantee.
(u) "Project" shall mean the up to eighty (80) units of affordable housing developed
long-term, and attendant site improvements thereon.
(v) "Property" shall mean the real property located in the County, more particularly
described in the attached Exhibit A.
(w) "Regulatory Agreement" is defined in Section 2.3
(x) "Unit" means one of the affordable housing units in the Project, as distinguished
from the up to sixty-five (65) beds for the Interim Shelter.
(y) Exhibits
The following exhibits are attached to this Agreement and incorporated into this
Agreement by this reference:
EXHIBIT A: Legal Description of the Property
EXHIBIT B: Approved Interim Shelter Acquisition and Site Set-Up Budget
EXHIBIT C: Approved Annual Operating Budget
EXHIBIT D: Good Neighbor Policy
ARTICLE 2 GRANT
Section 2.1 Grant.
Attachment 2
4927-4965-7973 v2 5
The County hereby agrees to grant an amount of Eight Million Dollars ($8,000,000.00) to City’s
designated account, on the terms and conditions set forth herein, with payment of Seven Million
Dollars ($7,000,000.00) via wire transfer within three days of execution of this agreement by
both parties and the final payment of One Million Dollars ($1,000,000.00) due to the City via
wire transfer to City’s designated account within five (5) business days of the City providing
evidence to the County of an executed contract procuring the temporary structures for the
Interim Shelter.
Section 2.2 Use of Grant Funds.
The Grantee shall use the Grant Funds to fund the acquisition of the Property and towards
the Initial Set Up of the Interim Shelter, as defined herein and in Exhibit B. The Grantee shall not
use the Grant funds for any other purpose without the prior written consent of the County.
Section 2.3 Acquisition and Initial Set Up.
Grant funds shall only be used for property acquisition and subsequent one-time initial
site set up activities, as more fully set forth in Exhibit B, not to exceed a total of $8,000,000.00:
(a) Acquisition of the site, including brokerage, legal, and appraisal costs.
(b) Purchase of pallet cabins, trailers, or other temporary structures to be used as Interim
Shelter.
(c) Purchase and site set up costs associated with mobile showers, temporary restrooms,
or other agreed facilities for operation of the Interim Shelter, and incidental relocation costs.
(d) Costs associated with making the Property and Interim Shelter facilities accessible.
Section 2.4 Compliance with Regulatory Agreement.
County and Grantee have concurrently herewith executed a Regulatory Agreement
(“Regulatory Agreement”), which will be recorded, on or about the date of this Agreement, as a
deed restriction in the Official Records of Marin County and will specify terms and conditions of
affordability for the Project’s units assisted through this Agreement. Grantee, as a condition of
this Agreement, shall cause the Project, if constructed, to be operated in accordance with the
"Regulatory Agreement," including ensuring that the required Units are available to, and
occupied by, low-income households as defined in the Regulatory Agreement.
Section 2.5 Term.
The Grant shall have a term through June 30, 2029. Section 5.4, Section 5.8, and Section
5.10 shall survive termination of this Agreement.
Attachment 2
4927-4965-7973 v2 6
Section 2.6 No Secondary Financing.
At no time during the Term of this Agreement may the Property be encumbered by the lien
of any lender or creditor except as may be specifically approved in advance in writing by the
County.
ARTICLE 3 GRANT REQUIREMENTS
Section 3.1 Financial Accountings and Post-Completion Audits.
No later than one hundred eighty (180) days following the opening of the Interim Shelter,
Grantee shall cause to be provided to the County a financial accounting of all sources and uses of
funds for the Interim Shelter. No later than one hundred eighty (180) days following opening of
the Interim Shelter, Grantee shall cause to be submitted to the County an audited financial report
showing the sources and uses of all funds utilized for the purchase of the Property and set up of
the Interim Shelter. Reports shall be provided by the City to the County every three months
(quarterly) that provide 1) Number of unique clients served, 2) Cumulative expenses and
revenues, 3) Number of complaints, 4) Number of public safety calls for service, 5) Number of
clients transitioned to housing, 6) Number of vacant beds, and 7) Daily utilization rate.
Section 3.2 Information.
Grantee shall provide any information reasonably requested by the County in connection
with the Interim Shelter or development of the Project, within thirty (30) calendar days following
the County's written request.
Section 3.3 Records.
(a) Grantee shall maintain complete, accurate, and current records pertaining to the
Interim Shelter and development of the Project for a period of five (5) years after the creation of
such records and shall permit any duly authorized representative of the County to inspect and
copy records. Records must be kept accurate and current.
(b) The County shall notify Grantee of any records it deems insufficient. Grantee
shall have thirty (30) calendar days after the receipt of such a notice to correct any deficiency in
the records specified by the County in such notice, or if a period longer than thirty (30) days is
reasonably necessary to correct the deficiency, then Grantee shall begin to correct the deficiency
within thirty (30) days and correct the deficiency as soon as reasonably possible.
Section 3.4 Audits.
Grantee shall make available for examination at reasonable intervals and during normal
business hours to County all books, accounts, reports, files, and other papers or property with
respect to all matters covered by this Agreement, and shall permit County to audit, examine, and
make excerpts or transcripts from such records. County may make audits of any conditions
relating to this Agreement.
Attachment 2
4927-4965-7973 v2 7
Section 3.5 Maintenance and Damage.
During the Term of this Agreement, Grantee shall cause the Property to be maintained in
good repair and in a neat, clean, and orderly condition.
Section 3.6 Notice of Litigation.
Grantee shall promptly notify the County in writing of any litigation materially affecting
the Property or any uses thereon and of any claims or disputes that involve a material risk of such
litigation.
Section 3.7 Nondiscrimination.
The Grantee covenants by and for itself and its successors and assigns that there shall be
no discrimination against or segregation of a person or of a group of persons on account of race,
color, religion, creed, age, disability, sex, sexual orientation, marital status, ancestry or national
origin in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property,
nor shall the Grantee or any person claiming under or through the Grantee establish or permit
any such practice or practices of discrimination or segregation with reference to the selection,
location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the
Property.
Section 3.8 Shelter Crisis Declaration.
Coterminous with adoption of this Agreement, the City has declared a Shelter Crisis
pursuant to Government Code section 8698 et seq. and has adopted by ordinance reasonable local
standards and procedures for the design, site development, and operation of homeless shelters and
the structures and facilities therein, as set forth in Government Code section 8698.4.
Section 3.9 Interim Shelter.
(a) The Interim Shelter shall not exceed sixty-five (65) beds at the Property. Grantee
shall be solely responsible for establishing the Interim Shelter and ensuring its compliance with
local, state, and federal laws. Shelter beds may consist of pallet cabins, trailers, or other similar
temporary structures. Grantee shall own and be solely responsible for the Interim Shelter.
Grantee shall be responsible for the shelter structures and shall be solely responsible for safely
disposing of, or taking possession of, shelter structures when they are no longer needed at the
Property. Grantor shall not be responsible for the Interim Shelter, including, but not limited to,
the shelter beds and shelter structures.
(b) City shall prioritize Mahon Encampment residents for placement in the Interim
Shelter structures to ensure closure of the Mahon Encampment in downtown San Rafael,
including the Andersen Drive encampment. The Cap Population is 65 individuals being served at
any one time, to reside in the 65 total beds at the site, as defined in Section 1.1(e). Through
program attrition and contingent upon available funding, no more than 70 unique individuals
Attachment 2
4927-4965-7973 v2 8
may be eligible to participate in the program during the Term of this Agreement, to constitute the
Maximum Shelter Population as defined in Section 1.1(f).
(c) Within three (3) business days of learning that an Interim Shelter bed is vacant or will
become vacant, City shall inform the County’s HHS Director or their designee. Within twenty
(20) business days of this notification, HHS and City shall meet and confer in good faith
regarding whether the Interim Shelter bed should be offered to another individual as described in
Section 3.9(b).
(d) The Interim Shelter at the Property shall close by June 30, 2027, except under the
conditions outlined in (e)(i-iv) below; and no new or additional individuals shall be placed in the
Interim Shelter after June 30, 2026, except under conditions outlined in (e)(i-iv) below. Any
Interim Shelter beds that become vacant after June 30, 2026 shall be closed to new entries, unless
permitted as described in 3.9(b) above. City shall be responsible for disposing of or removing
the Interim Shelter structures after closure of the Interim Shelter.
(e) Notwithstanding the foregoing, the Interim Shelter may continue to operate for up to
two additional one-year periods, until June 30, 2029, under the following conditions:
(i) The Interim Shelter may continue to operate until June 30, 2028, if by January
1, 2027, the City raises either public or private funds to continue the operation of the Interim
Shelter in a manner similar to and of the same standard as its operation in its initial year. The
City shall provide County with a detailed description of its fundraising efforts and results by
January 1, 2027. In the event such funds are not raised, no new or additional individuals shall be
placed in the Interim Shelter one full year in advance of its closure, or June 30, 2027. In no
event shall County have any obligation to “backfill” any shortfalls in the City’s private
fundraising campaign.
(ii) The Interim Shelter may continue to operate until June 30, 2029, if by January
1, 2028, the City raises additional public or private funds to continue the operation of the Interim
Shelter in a manner similar to and of the same standard as its operation in its initial year. The
City shall provide County with a detailed description of its fundraising efforts and results by
January 1, 2028. In the event such funds are not raised, no new or additional individuals shall be
placed in the Interim Shelter one full year in advance of its closure, or June 30, 2028. In no
event shall County have any obligation to “backfill” any shortfalls in the City’s private
fundraising campaign.
(iii) Timelines associated with City public or private fundraising efforts, entrants
to the site, and/or operations/closure of the site, are defined as follows:
City Fundraising
Deadline No New Entries Deadline
(Assuming Lack of Funds) Operations/Site
Closure
January 1, 2027 June 30, 2027 June 30, 2028
January 1, 2028 June 30, 2028 June 30, 2029
(iv) Parties expressly agree that in no event shall the Interim Shelter at the
Property operate beyond June 30, 2027 unless extended through no later than June 30, 2029 as
Attachment 2
4927-4965-7973 v2 9
described in this Section 3.9(e)(i)-(iv). Not less than ninety (90) days before the Interim
Shelter’s scheduled closure, the City shall meet and confer with HHS to discuss plans to safely
exit Interim Shelter residents by the closure date.
(f) The Interim Shelter shall open no sooner than January 1, 2026. City and County shall
equally share (50/50) mutually agreed-upon operating costs for the term of the ERF-3 grant, or
until June 30, 2027, as detailed in the Approved Annual Operating Budget, totaling no more than
$2,001,250.00 annually on a fiscal year basis, attached as Exhibit C to this agreement
(“Approved Annual Operating Budget”).
(i) Operating costs shall first be funded with remaining ERF-3 grant funds,
estimated by the City to total approximately $1,500,000.00 as of December 31, 2025. As
described in the Collaboration Agreement, the City-County 50/50 cost sharing shall apply only
after all ERF-3, McGuire, and/or County Match funds are fully expended. If operations costs
exceed the costs in the Approved Annual Operating Budget, the costs shall be borne at a rate of
75% for the City and 25% for the County through June 30, 2027. The Parties expressly agree
that County shall not be responsible for any operating costs of the Interim Shelter after June 30,
2027.
(g) Any operations at the site extending beyond June 30, 2027 shall be funded solely by
the City. City intends to apply for additional grant funding and lead a fundraising campaign to
fully offset the costs of operation extending until June 30, 2028 or June 30, 2029, as described in
Section 3.9(e)(i)-(iv). County shall support the City’s grant seeking and fundraising efforts;
however, such support shall be at the sole discretion of County. In no event shall County have
any obligation to “backfill” any shortfalls in the City’s private fundraising campaign.
(h) The County provides funds from its Housing Trust for affordable housing, typically at
a level of no more than $100,000 per unit. The Parties recognize that entitlement of the Project
is subject to future discretionary actions as described in the recitals and within the City’s sole
discretion. If the City chooses to exercise its discretion to entitle a modified Project or to not
entitle the Project, City shall pay County $100,000 for every unit less than eighty (80) that it fails
to entitle as affordable housing by June 30, 2028, up to a total of $8,000,000.00. City’s payment
of these funds shall be due to County by September 30, 2028, if the City choses to entitle a
modified Project or to not entitle the Project.
Section 3.10 Miscellaneous.
(a) Upon acquisition, City shall be the owner of the Property and solely responsible for
managing the Property in all respects and providing all safety services (including the San Rafael
Police Department, San Rafael Fire Department, and Specialized Assistance for Everyone
(SAFE) Team) to residents of the Interim Shelter.
(b) City shall be fully responsible for all community outreach related to the Project and
the Interim Shelter and will coordinate all communications with the County.
(c) City shall be fully responsible for all communications with Interim Shelter residents
at the Property, which is located within the City’s jurisdiction, as well as with surrounding area
community residents. City shall collaborate in partnership with the County on all
Attachment 2
4927-4965-7973 v2 10
communications to the general public. Any project signs, media contacts, media release or other
public communications shall specifically mention the partnership between the County and City.
(d) County Health and Human Services will continue to provide services to Interim
Shelter residents and will ensure that Interim Shelter residents receive the same or similar
services that they received while residing at the Mahon Encampment, as specified in the ERF-3
grant and the Collaborative Agreement between the City and County. Such services provide a
range of support to individuals with the goal of placing individuals on pathways to permanent
housing.
(e) Any Regional Housing Needs Allocation credits awarded for the affordable housing
Project shall be shared equally between the City and County, subject to any applicable state law
restrictions, the amendment of which shall be the responsibility of the County in cooperation
with the City.
Section 3.11 Compliance with State and Federal Laws, Rules, Guidelines, and
Regulations.
City agrees to comply with all state and federal laws, rules, guidelines, and regulations
that are applicable to the Interim Shelter and Project, including those that pertain to construction,
health and safety, labor, fair employment practices, equal opportunity, and accessibility. City
shall be responsible for ensuring the Interim Shelter and the services provided therein meet
accessibility requirements under applicable State and Federal law.
ARTICLE 4 DEFAULT AND REMEDIES
Section 4.1 Events of Default.
Each of the following shall constitute a "Default" by Grantee under this Agreement:
(a) Breach of Covenants. Failure by Grantee to duly perform, comply with, or
observe any of the conditions, terms, or covenants of any of this Grant Agreement, and such
failure having continued uncured for thirty (30) days after receipt of written notice thereof from
the County to the Grantee, shall constitute Default; provided, however, that if a different period
or notice requirement is specified under any other section of this Article 4, the specific
provisions shall control.
(b) Assignment; Attachment. Grantee shall have assigned its assets for the benefit of
its creditors or suffered a sequestration or attachment of or execution on any substantial part of
its property, unless the property so assigned, sequestered, attached or executed upon shall have
been returned or released within ninety (90) days after such event or, if sooner, prior to sale
pursuant to such sequestration, attachment, or execution.
(c) Liens on Property. There shall not be filed any claim of lien (other than liens in
the Approved Development Budget or otherwise approved in writing by the County) against the
Property or any part thereof, and the continued maintenance of said claim of lien or notice to
Attachment 2
4927-4965-7973 v2 11
withhold for a period of twenty (20) days without discharge or satisfaction thereof or provision
therefor (including, without limitation, the posting of bonds) satisfactory to the County.
(d) Condemnation. The condemnation, seizure, or appropriation of all or the
substantial part of the Property.
(e) Representation or Warranty Incorrect. Any Grantee material representation or
warranty contained in this Agreement, or in any application, financial statement, certificate, or
report submitted to the County in connection with this Grant Agreement, proves to have been
incorrect in any material respect when made.
(f) Failure to Reimburse the County for a Modified Project or No Project. If the
City’s reimbursement obligations under Section 3.9(h) of this Agreement are triggered, and the
City fails to reimburse the County as specified in Section 3.9(h) of this Agreement.
Section 4.2 Remedies.
The occurrence of any Default hereunder following the expiration of all applicable notice
and cure periods will, either at the option of the County or City or automatically where so
specified, relieve the County of any obligation to make or continue the Grant and shall give the
County and City the right to proceed with any and all remedies set forth in this Agreement,
including but not limited to the following:
(a) Specific Performance. The County and City shall have the right to bring an action
or proceeding at law or in equity to require the other Party to perform its obligations and
covenants under this Grant Agreement or to enjoin acts or things which may be unlawful or in
violation of the provisions of this Grant Agreement.
(b) Repayment of Grant. Upon an event of Default, the County shall have the right to
require repayment of the Grant in full.
(c) Other Remedies. The County and City shall have the right to exercise any and all
rights and remedies afforded by this Agreement, law, equity or otherwise, including obtaining
the appointment of a receiver.
Section 4.3 Remedies Cumulative.
No right, power, or remedy given to the County or City by the terms of this Agreement is
intended to be exclusive of any other right, power, or remedy; and each and every such right,
power, or remedy shall be cumulative and in addition to every other right, power, or remedy
given to the County or City by the terms of any such instrument, or by any statute or otherwise
against the other Party and any other person or entity. Neither the failure nor any delay on the
part of the County or City to exercise any such rights and remedies shall operate as a waiver
thereof, nor shall any single or partial exercise by the County or City of any such right or remedy
preclude any other or further exercise of such right or remedy, or any other right or remedy.
Attachment 2
4927-4965-7973 v2 12
ARTICLE 5 GENERAL PROVISIONS
Section 5.1 Relationship of Parties.
Nothing contained in this Agreement shall be interpreted or understood by any of the
Parties, or by any third persons, as creating the relationship of employer and employee, principal
and agent, limited or general partnership, or joint venture between the County and Grantee or its
agents, employees or contractors, and Grantee shall at all times be deemed an independent
contractor and shall be wholly responsible for the manner in which it or its agents, or both,
perform the services required of it by the terms of this Agreement. Grantee has and retains the
right to exercise full control of employment, direction, compensation, and discharge of all
persons assisting in the performance of services under the Agreement. In regard to the purchase
of the Property, construction and operation of the Project, Grantee shall be solely responsible for
all matters relating to payment of its employees, including compliance with Social Security,
withholding, and all other laws and regulations governing such matters, and shall include
requirements in each contract that contractors shall be solely responsible for similar matters
relating to their employees. Grantee shall be solely responsible for its own acts and those of its
agents and employees.
Section 5.2 No Claims.
Nothing contained in this Agreement shall create or justify any claim against the County
by any person that Grantee may have employed or with whom Grantee may have contracted
relative to the purchase of materials, supplies or equipment, or the furnishing or the performance
of any work or services with respect to the purchase of the Property, the construction or the
operation of the Project.
Section 5.3 Amendments.
No alteration or variation of the terms of this Agreement shall be valid unless made in
writing by the Parties.
Section 5.4 Indemnification.
The Grantee shall indemnify, defend and hold the County harmless against all claims
made against it and expenses (including reasonable attorneys' fees) which arise out of or in
connection with the purchase of the Property and the development of the Interim Shelter or the
Project, except to the extent such claim arises from the negligence, violation of law or willful
misconduct of the County, its agents, and its employees.
Section 5.5 Non-Liability of County and City Officials, Employees and Agents.
(a) No member, official, employee or agent of the County shall be personally liable to
Grantee in the event of any default or breach by the County or for any amount which may
become due to Grantee or its successor or on any obligation under the terms of this Agreement.
(b) No member, official, employee or agent of the Grantee shall be personally liable to
the County in the event of any default or breach by the Grantee or for any amount which may
Attachment 2
4927-4965-7973 v2 13
become due to the County or its successor or on any obligation under the terms of this
Agreement.
Section 5.6 No Third-Party Beneficiaries.
There shall be no third-party beneficiaries to this Agreement.
Section 5.7 Notices, Demands and Communications.
Formal notices, demands, and communications between the Parties shall be sufficiently
given if and shall not be deemed given unless dispatched by registered or certified mail, postage
prepaid, return receipt requested, or delivered by express delivery service, return receipt
requested, or delivered personally, to the principal office of the Parties as follows:
COUNTY:
County of Marin
Office of the County Executive
3501 Civic Center Drive
San Rafael, CA 94903
Attn: County Executive
GRANTEE:
City of San Rafael
Attn: City Manager
1400 5th Avenue
San Rafael, CA 94901
With a copy to:
City Attorney’s Office
Attn: Chief Assistant City Attorney
1400 5th Avenue, Suite 202
San Rafael, CA 94901
Such written notices, demands and communications may be sent in the same manner to such
other addresses as the affected Party may from time to time designate by mail as provided in this
Section. Receipt shall be deemed to have occurred on the date shown on a written receipt as the
date of delivery or refusal of delivery (or attempted delivery if undeliverable). Copies of notice,
sent to Grantee shall also be sent to any member of Grantee who requests such notice in writing
and provides its address.
Section 5.8 Applicable Law and Venue.
Attachment 2
4927-4965-7973 v2 14
This Agreement shall be governed by California law, and the venue shall be Marin
County, California.
Section 5.9 Parties Bound.
Except as otherwise limited herein, the provisions of this Agreement shall be binding
upon and inure to the benefit of the Parties and their heirs, executors, administrators, legal
representatives, successors, and assigns. Without limiting the foregoing, the County shall have
the right to assign its rights under the Grant Agreement to any third party, whether on a collateral
assignment basis or otherwise, and in connection therewith the County shall have the right to
deliver and otherwise disclose to such third party all information relating to the Grantee, any
partners of the Grantee, and/or the Project and the Property, including without limitation
financial and credit information.
Section 5.10 Attorneys' Fees.
If any lawsuit is commenced to enforce any of the terms of this Agreement, the prevailing
Party will have the right to recover its reasonable attorneys' fees and costs of suit from the other
Party.
Section 5.11 Severability.
If any term of this Agreement is held by a court of competent jurisdiction to be invalid,
void or unenforceable, the remainder of the provisions shall continue in full force and effect
unless the rights and obligations of the Parties have been materially altered or abridged by such
invalidation, voiding or unenforceability.
Section 5.12 Force Majeure.
In addition to specific provisions of this Agreement, performance by either Party shall not
be deemed to be in default where delays or defaults are due to war; insurrection; strikes; lock-
outs; riots; floods; earthquakes; fires; quarantine restrictions; freight embargoes; lack of
transportation; or court order; or any other similar causes beyond the control or without the fault
of the Party claiming an extension of time to perform. An extension of time for any cause will be
deemed granted if notice by the Party claiming such extension is sent to the other within thirty
(30) days from the commencement of the cause. In no event shall the County be required to
agree to cumulative delays in excess of three hundred sixty-five (365) days.
Section 5.13 County Approval.
Whenever this Agreement calls for County approval, consent, or waiver, and such action
is requested of the County in the normal course of the administration and disbursement of the
Grant, the written approval, consent, or waiver of the County Executive of the County shall
constitute the approval, consent, or waiver of the County, without further authorization required
from the County Board of Supervisors. The County hereby authorizes the County Executive of
the County to deliver such approvals or consents as are required by this Agreement, or to waive
such requirements under this Agreement, on behalf of the County. Any consents or approvals
Attachment 2
4927-4965-7973 v2 15
required under this Agreement shall not be unreasonably withheld or made, except where it is
specifically provided that a sole discretion standard applies. The County Executive of the County
is also hereby authorized to approve, on behalf of the County, requests by Grantee for reasonable
extensions of time deadlines set forth in this Agreement. The County shall not unreasonably
delay in reviewing and approving or disapproving any proposal by Grantee made in connection
with this Agreement. Notwithstanding the foregoing, any material change to this Agreement
shall be in the form of an Amendment and approved by the County Board of Supervisors.
Section 5.14 Waivers.
Any waiver by the County of any obligation or condition in this Agreement must be in
writing. No waiver will be implied from any delay or failure by the County to take action on any
breach or default of Grantee or to pursue any remedy allowed under this Agreement or
applicable law. Any extension of time granted to Grantee to perform any obligation under this
Agreement shall not operate as a waiver or release from any of its obligations under this
Agreement. Consent by the County to any act or omission by Grantee shall not be construed to
be a consent to any other or subsequent act or omission or to waive the requirement for the
County's written consent to future waivers.
Section 5.15 Title of Parts and Sections.
Any titles of the sections or subsections of this Agreement are inserted for convenience of
reference only and shall be disregarded in interpreting any part of the Agreement's provisions.
Section 5.16 Entire Understanding of the Parties
The Grant Agreement constitutes the entire understanding and agreement of the Parties
with respect to the Grant.
Section 5.17 Multiple Originals; Counterpart.
This Agreement may be executed in multiple originals, each of which is deemed to be an
original, and may be signed in counterparts.
[THE SIGNATURE PAGE FOLLOWS]
Attachment 2
4927-4965-7973 v2 16
WHEREAS, this Agreement has been entered into by the undersigned as of the date first
above written.
COUNTY:
MARIN COUNTY, a political subdivision of the
State of California
By:
Name: __________________________________
Its:
Approved as to Form:
By:
Name: __________________________________
Its:
GRANTEE:
City of San Rafael, a political subdivision of the
State of California
By:
Name: __________________________________
Its:
Attachment 2
4927-4965-7973 v2 17
EXHIBIT A
Legal Description of the Property
Real property in the City of San Rafael, County of Marin, State of California, described as
follows:
Parcel B, as shown upon that certain Parcel Map entitled "PARCEL MAP DIVISION OF
LANDS OF JACOBSON AND CLAYTON LOTS 1 TO 13 AND 22 TO 31 MAP OF
SUBDIVISION "A" GOLF LINKS TRACT(2 MAPS 7), City of San Rafael, California October
1982", filed for record February 9, 1983 in Book 21 of Parcel Maps, at Page 6, Marin County
Records.
APN: 179-041-27 and 179-041-28
4927-4965-7973 v2
1065\20\3248326.4
EXHIBIT B
Approved Interim Shelter Acquisition and Site Set-Up Budget
(County Contribution Not to Exceed $8.0M)
Category Detail Amount / Formula
Land Acquisition Costs Purchase Price $6,700,000
Land Acquisition Costs Brokerage $201,000
Land Acquisition Costs Legal $50,000
Land Acquisition Costs Appraisal $2,700
Site Set Up Costs Temporary Structures $1,129,000
Site Set Up Costs Pallet Structures (Used) $60,000
Site Set Up Costs FF&E $158,600
Site Set Up Costs Fencing $80,000
Site Set Up Costs Relocation Process $15,000
Site Set Up Costs Utility Connections (PG&E) $75,000
Site Set Up Costs Site Prep Contingency $44,000
Total Acquisition and Start-Up Costs $8,515,300
4927-4965-7973 v2
1065\20\3248326.4
EXHIBIT C
Approved Annual Operating Budget
(FY 2025-26 and FY 2026-27)
Category Detail Amount /
Formula
Office & Supplies Annual $10,000
Utilities Water $24,000
Utilities Gas $50,000
Utilities Electricity $65,000
Transportation Transit Passes $15,000
Food Annual $237,250
FY26 FS Global Contract Annual - Site Management $750,000
FY26 Defense Block Contract Annual - Security $850,000
Total Annual Operating Expenses $2,001,250
Cost per Participant (70 unique indiv.) $28,589
4927-4965-7973 v2 11/13/25
EXHIBIT D
DRAFT Good Neighbor Policy and Code of Conduct
Interim Shelter at 350 Merrydale Road
Joint Policy of the City of San Rafael and County of Marin
1. Purpose and Intent
The City of San Rafael and County of Marin are committed to ensuring that the Interim
Shelter at 350 Merrydale Road operates safely, respectfully, and in a way that positively
integrates with the surrounding neighborhood.
This Good Neighbor Policy, in coordination with the Resident Code of Conduct,
establishes shared expectations for residents, staff, and community members. Every resident
must review and sign both documents prior to entry. Continued participation in the program
is contingent upon adherence to these expectations.
2. Goals
1. Support and encourage high-quality services that are well integrated into, and supported
by, the community.
2. Maintain peaceful, safe, clean, and crime-free neighborhoods for both program
participants and surrounding residents and businesses.
3. Facilitate direct, honest communication among all community partners, including the
City’s Police and Fire Departments, County of Marin Health and Human Services, transit
agencies, and other service providers.
4. Ensure clear, accessible points of contact and resolution for addressing community
concerns or disputes.
5. Foster mutual respect for all community members and protection of public and private
property.
6. Encourage active participation of shelter operators in sustaining the neighborhood’s
cleanliness, safety, and vitality.
7. Ensure adherence to property maintenance standards that preserve community character
and quality of life.
8. Provide accountability for criminal or disruptive behavior, including cooperation with
law enforcement when necessary.
9. Maintain accessible, publicized contact information—available 24/7—for community
inquiries or concerns.
10. Convene regular meetings with community partners, including engagement with specific
stakeholders such as nearby residents or businesses, to review operations and address
emerging issues.
11. Notify neighbors of significant program or facility changes in advance and seek
community input where appropriate.
12. Document and review concerns or complaints to ensure timely and effective follow-up
and corrective action.
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1065\20\3248326.4
3. Guiding Values
1. Responsiveness: Maintain open communication with neighbors and adjust operations
based on feedback.
2. Collaboration: Partner with residents, community organizations, and public agencies to
foster shared understanding.
3. Accountability: Measure and report outcomes such as housing placements and
reductions in unsheltered homelessness.
4. Coordination: Align program operations with Marin County’s Coordinated Entry
System, outreach teams, and public safety partners. Services offered at the site are
exclusively reserved only for those participating in the interim shelter program.
4. Safety and Security Practices
1. Onsite staff present. 24 hours a day, seven days a week, 365 days per year.
2. Resident entry and exit monitored through check-in and check-out procedures.
3. No public drop-in access or loitering permitted outside the property, including SMART
owned property per its Code of Conduct at: https://sonomamarintrain.org/codeofconduct.
4. Regular site walks and neighborhood walks conducted to maintain cleanliness and
identify issues.
5. Lighting and security systems maintained to ensure visibility and safety.
6. Emergency protocols in place, requiring immediate contact with Police, Fire, or SAFE as
appropriate.
7. Regular property inspections and maintenance in compliance with City standards.
8. Adherence to health and safety guidelines at all times.
9. Prompt response to concerns raised by residents, neighbors, or community partners.
5. Resident Code of Conduct and Expectations
Residents are expected to follow these standards both onsite and in the surrounding
neighborhood:
1. Respectful conduct: Treat staff, neighbors, and fellow residents with courtesy and
respect at all times.
2. Quiet hours: Observe quiet hours between 10:00 p.m. and 7:00 a.m.; no loud
conversations, music, or vehicle noise.
3. Smoking and substance use: Smoke only in designated outdoor areas; alcohol and
illegal substances are prohibited.
4. Pets: Keep pets leashed outdoors; clean up pet waste immediately.
5. Cleanliness: Maintain clean living spaces and shared areas; no outdoor storage of
belongings.
6. Visitors: Allow only approved visitors during designated hours; no loitering in nearby
neighborhoods or surrounding unimproved areas.
7. Prohibited behaviors: Disruptive, threatening, or illegal activity—including vandalism,
theft, or harassment—is not permitted.
8. Transportation: Park vehicles and bicycles in designated areas in compliance with all
regulations; follow all rules and regulations when using public transportation.
9. Compliance: Follow all program rules, City ordinances, and this policy.
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Accountability and Enforcement:
Repeated or serious violations—after appropriate warnings and case management intervention—
will result in graduated consequences, up to and including discharge from the program.
6. Community Engagement and Complaint Resolution
1. A designated City contact (email and phone) will be available during business hours to
address neighborhood concerns.
2. A 24-hour contact number will be maintained for urgent matters. After hours, calls will
be directed to SAFE or law enforcement as appropriate .All complaints will be
documented, investigated, and resolved with timely follow-up, consistent with
confidentiality requirements.
3. The City will maintain an updated webpage with program information, performance data,
and meeting schedules.
4. At least one community meeting per year will be held to review operations, outcomes,
and neighborhood input.
5. The City and County will encourage coordination with neighborhood watch programs
and community associations to enhance safety and communication.
7. Policy Management and Amendments
1. This policy will be actively managed by the City of San Rafael and County of Marin,
with periodic review to assess effectiveness and responsiveness to community needs.
2. Amendments may be made by mutual agreement of the County Executive of Marin
County and the City Manager of San Rafael.
Attachment 3
4925-4703-1413 v2 1
FREE RECORDING REQUESTED PURSUANT TO
GOVERNMENTCODE SECTION 27383
AND WHEN RECORDED MAIL TO:
Marin County
County of Marin
Community Development Agency
3501 Civic Center Drive, Suite 308
San Rafael, California 94903
Attn: Director AND County Executive
__________________________________________________________________________
REGULATORY AGREEMENT AND
DECLARATION OF RESTRICTIVE COVENANTS
County of Marin Funding Support
350 Merrydale Road, San Rafael, California
This Regulatory Agreement and Declaration of Restrictive Covenants (the "Agreement")
is made and entered into as of November __ , 2025, by and between the County of Marin, (the
"County"), and the City of San Rafael, (the "City").
RECITALS
A. On April 18, 2024, the California Interagency Council on Homelessness awarded
the County and City a $5,999,241.68 ERF-3 grant to address the Mahon Encampment and
provide services and support to its sixty-five (65) participants over a three-year period.
Specifically, the ERF-3 grant funds outreach services, housing-based case management services,
interim shelter, and delivery of permanent housing for Mahon Encampment residents. The ERF-
3 grant terminates on June 30, 2027.
B. On November 19, 2024, the County and the City entered into a Collaborative
Agreement (“Collaboration Agreement”) wherein these State ERF-3 grant funds were accepted
and appropriated for use, as well as an additional $500,000 in funding from State Senator Mike
McGuire (“McGuire Funds”) and $500,000 in matching County General Funds (“County Match
Funds”), totaling an additional $1,000,000 in funding for services for the Mahon Encampment.
C. City has identified 350 Merrydale Road in San Rafael, California, as more
particularly described in Exhibit A (the "Property"), as a suitable location for permanent
affordable housing. While predevelopment analysis and planning is underway for the Project
(defined below), the Property offers an opportunity for use as needed interim homeless shelter
for homeless individuals until the during the planning process for the Project. The Property is
located near transportation and transit corridors which connect to jobs, amenities and other
services.
D. By separate agreement (the “Grant”), City wishes to be awarded from the County,
and the County wishes to extend to City, a grant of up to Eight Million Dollars ($8,000,000.00)
Attachment 3
4925-4703-1413 v2 2
to assist with financing the purchase and acquisition of the Property and initial site set up of the
Interim Shelter. Said grant is based upon the County providing funds from its Housing Trust for
affordable housing, typically at a level of no more than $100,000 per unit. If the City chooses to
exercise its discretion to entitle a modified Project or to not entitle the Project, City is liable to
pay County $100,000 for every unit less than eighty (80) that it fails to entitle as affordable
housing by June 30, 2028, up to a total of $8,000,000.00.
E. City’s purchase of the Property and the County’s financial support implement the
strategies to address encampments as outlined in the Collaboration Agreement, including but not
limited to, the strategies for Housing & Support and Prevention by providing for a homeless
shelter that will qualify as a Low Barrier Navigation Center (defined below) for up to sixty-five
(65) temporary interim shelter structures to serve the residents of the Mahon Encampment and
approximately five (5) other individuals currently experiencing homelessness in the City for the
remainder of the ERF-3 grant period (through June 30, 2027 or as may be extended per the Grant
Agreement) while the City goes through the process of developing permanent affordable housing
at the Property.
F. The Parties recognize that the process of developing the Project (defined below)
will require the City to take additional discretionary actions, such as issuing a Request for
Proposals to select an affordable housing developer and negotiating and entering into a lease
disposition and development agreement with the selected developer.
G. The County and the City have entered into a Grant Agreement pursuant to which
the County will provide a Grant (the "Grant") to the City to develop the Property for the Project.
Capitalized terms used but not defined in this Agreement shall have the meanings set forth in the
Grant Agreement. The County has agreed to make the Grant to the City on the condition that the
Property be developed, maintained and operated in accordance with restrictions concerning
affordability, operation, and maintenance of the Property, as specified in this Agreement and the
Grant Agreement.
H. In consideration of receipt of the Grant, the City has further agreed to observe all
the terms and conditions set forth below.
I. In order to ensure that the entire Property will be used and operated in accordance
with these conditions and restrictions, the County and the City wish to enter into this Agreement.
THEREFORE, the County and the City hereby agree as follows.
ARTICLE 1
DEFINITIONS
1.1 Definitions
When used in this Agreement, the following terms shall have the respective meanings
assigned to them in this Article 1.
Attachment 3
4925-4703-1413 v2 3
(a) "Actual Household Size" shall mean the actual number of persons
in the applicable household.
(b) "Adjusted Income" shall mean the total anticipated annual income
of all persons in a household as calculated in accordance with 24 CFR 813.
(c) "Agreement" shall mean this Regulatory Agreement and
Declaration of Restrictive Covenants.
(d) "City" shall mean the City of San Rafael and its successors and
assigns to the Project.
(e) "County" shall mean the County of Marin, a political subdivision
of the State of California.
(f) "Covered Unit" shall mean units restricted pursuant to Section 2.1
below.
(g) "Grant" shall mean all funds Granted to the City by the County
pursuant to the Grant Agreement.
(h) "Grant Agreement" shall mean the Grant Agreement entered into
by and between the County and the City, dated of even date herewith.
(i) “Interim Shelter” shall mean the up to sixty five (65) structures of
temporary homeless shelter for homeless individuals at the Property, which shall
consist of pallet cabins, , trailers, or similar product. Interim Shelter includes a Low
Barrier Navigation Center.
(j) "Low Barrier Navigation Center” or “LBNC” shall mean a low
barrier, temporary, service-enriched shelter focused on helping homeless individuals
and families to quickly obtain permanent housing as authorized by Government Code
Sections 65660, 65664, and 65666.
(k) “Median Income" shall mean the median gross yearly income,
adjusted for Actual Household Size or Assumed Household Size as specified herein, in
the County of Marin, California, as published annually by the United States Department
of Housing and Urban Development ("HUD") and the State of California. In the event
that such income determinations are no longer published, or are not updated for a
period of at least eighteen (18) months, the County shall provide the City with other
income determinations which are reasonably similar with respect to methods of
calculation to those previously published by HUD and the State.
(l) "Project" shall mean the eighty (80) units of affordable housing
developed long-term, and attendant site improvements thereon.
Attachment 3
4925-4703-1413 v2 4
(m) "Property" shall mean the real property described in Exhibit A
attached hereto and incorporated herein.
(n) "Rent" shall mean the total of monthly payments by the Tenant of
a Unit for the following: use and occupancy of the Unit and land and associated
facilities, including parking; any separately charged fees or service charges assessed by
the City which are required of all Tenants, other than security deposits; an allowance
for the cost of an adequate level of service for utilities paid by the Tenant, including
garbage collection, sewer, water, electricity, gas and other heating, cooking and
refrigeration fuel, but not telephone service, internet or cable TV; and any other
interest, taxes, fees or charges for use of the land or associated facilities and assessed by
a public or private entity other than the City, and paid by the Tenant.
(o) "Tenant" shall mean a household occupying a Unit.
(p) "Term" shall mean the term of this Agreement, which shall have
the meaning as set forth in Article 6.4..
(q) "Unit" shall mean one of the Project’s affordable housing units on
the Property.
ARTICLE 2
AFFORDABILITY AND OCCUPANCY COVENANTS
2.1 Occupancy Requirements.
(a) Affordability Restriction. Subject to the provisions of Section 2.3
below, eighty (80) Units in the Project shall be rented to and occupied by or, if vacant,
available for occupancy by Tenants whose incomes do not exceed eighty percent (80%)
of Median Income, though City will make good faith effort to keep affordability levels
as low as possible, dependent on funding and other factors developed in the project's
proforma.
2.2 Allowable Rent
(a) Rent. Subject to the provisions above and in Section 2.3 and 2.4
below, the Rent (including utility allowance) charged to Tenants of the Covered Units
shall not exceed one-twelfth (1/12) of thirty percent (30%) of eighty percent of the
specified income: (80%) of Area Median Income for the Units, as appropriate based on
the applicable income level set forth in Section 2.1(a) of this Agreement, and adjusted
for Assumed Household Size or the applicable fair market rent if rented to a household
with a Housing Choice Voucher. City is precluded from increasing tenants rent in
excess of five percent (5%) during a 12-month period.
Attachment 3
4925-4703-1413 v2 5
ARTICLE 3City
INCOME CERTIFICATION AND REPORTING
3.1 Income Certification.
The City will obtain, complete and maintain on file, immediately prior to initial
occupancy and annually thereafter, income certifications from each Tenant renting any of the
Covered Units. The City shall make a good faith effort to verify that the income provided by an
applicant or occupying household in an income certification is accurate by taking two or more of
the following steps as a part of the verification process: (a) obtain a pay stub for the most recent
pay period; (b) obtain an income tax return for the most recent tax year; (c) conduct a credit
agency or similar search; (d) obtain an income verification form from the applicant's current
employer; (e) obtain an income verification form from the Social Security Administration and/or
the California Department of Social Services if the applicant receives assistance from either of
such agencies; or (f) if the applicant is unemployed and has no such tax return, obtain another
form of independent verification. Copies of Tenant income certifications shall be available to
the County upon request.
3.2 Annual Report to County.
The City shall submit to the County (a) not later than the sixtieth (60th) day after the close
of each calendar year, a statistical report, including income and rent data for all units and racial
and ethnicity data of all households, setting forth the information called for therein, or such other
data as may be reasonably requested by the County, and (b) within fifteen (15) days after receipt
of a written request, any other information or completed forms requested by the County in order
to comply with reporting requirements of the United States Department of Housing and Urban
Development or the State of California.
3.3 Additional Information.
The City shall provide any additional information reasonably requested by the County.
The County shall have the right to examine and make copies of all books, records or other
documents of the City which pertain to the Project.
3.4 Records.
The City shall maintain complete, accurate and current records pertaining to the Project,
and shall permit any duly authorized representative of the County to inspect records, including
records pertaining to income and household size of Tenants. All Tenant lists, applications and
waiting lists relating to the Project shall at all times be kept separate and identifiable from any
other business of the City and shall be maintained in a reasonable condition for proper audit and
subject to examination during business hours by representatives of the County. The City shall
retain copies of all materials obtained or produced with respect to occupancy of the Units for a
period of at least five (5) years.
Attachment 3
4925-4703-1413 v2 6
ARTICLE 4
OPERATION OF THE PROJECT
4.1 Residential Use.
During the Term of this Agreement, the Property shall be operated only for use as
permanent affordable housing. The Parties acknowledge that prior to the Term of this
Agreement, commencing no sooner than January 1, 2026 and operating no longer than through
June 30, 2029, the City may use the Property as a temporary homeless shelter for homeless
individuals, which includes but is not limited to a Low Barrier Navigation Center, as set forth in
the Grant Agreement.
4.2 Compliance with Grant Agreement.
So long as the Property is used for the Interim Shelter, the City shall comply with all the
terms and provisions of the Grant Agreement.
4.3 Taxes and Assessments.
City shall pay all real and personal property taxes, assessments and charges and all
franchise, income, employment, old age benefit, withholding, sales, and other taxes assessed
against it, or payable by it, at such times and in such manner as to prevent any penalty from
accruing, or any line or charge from attaching to the Property; provided, however, that City shall
have the right to contest in good faith, any such taxes, assessments, or charges. In the event City
exercises its right to contest any tax, assessment, or charge against it, City, on final determination
of the proceeding or contest, shall immediately pay or discharge any decision or judgment
rendered against it, together with all costs, charges and interest.
4.4 Compliance with State and Federal Laws, Rules, Guidelines, and Regulation.
City agrees to comply with all state and federal laws, rules, guidelines, and regulations that are
applicable to the Project, including those that pertain to construction, health and safety, labor, fair
employment practices, equal opportunity, and tenant protections.
ARTICLE 5
PROPERTY MANAGEMENT AND MAINTENANCE
5.1 Management Responsibilities.
The City is responsible for all management functions with respect to the Property,
including without limitation conducting affirmative marketing, the selection of tenants,
certification and recertification of household size and income, evictions, collection of rents and
deposits, maintenance, landscaping, routine and extraordinary repairs, replacement of capital
items, and security. The County shall have no responsibility over management of the Property.
5.2 Management Agent; Periodic Reports.
Attachment 3
4925-4703-1413 v2 7
The Property shall at all times be managed by an experienced management agent
reasonably acceptable to the County, with demonstrated ability to operate residential facilities
like the Property in a manner that will provide decent, safe, and sanitary housing (as approved,
the "Management Agent"). The City shall submit for the County's approval the identity of any
proposed Management Agent or staff person. The City shall also submit such additional
information about the background, experience and financial condition of any proposed
Management Agent as is reasonably necessary for the County to determine whether the proposed
Management Agent meets the standard for a qualified Management Agent set forth above. If the
proposed Management Agent meets the standard for a qualified Management Agent set forth
above, the County shall approve the proposed Management Agent by notifying the City in
writing. Unless the proposed Management Agent is disapproved by the County within thirty
(30) days, which disapproval shall state with reasonable specificity the basis for disapproval, it
shall be deemed approved.
5.3 Approval of Management Policies.
The City shall submit its written management policies with respect to the Project to the
County for its review, and shall amend such policies in any way necessary to ensure that such
policies comply with the provisions of this Agreement.
5.4 Property Maintenance.
The City agrees, for the entire Term of this Agreement, to maintain all interior and
exterior improvements, including landscaping, on the Property in good condition and repair (and,
as to landscaping, in a healthy condition) and in accordance with all applicable laws, rules,
ordinances, orders and regulations of all federal, state, County, municipal, and other
governmental agencies and bodies having or claiming jurisdiction and all their respective
departments, bureaus, and officials.
ARTICLE 6
MISCELLANEOUS
6.1 Lease Provisions.
The form of Tenant lease utilized by City shall be submitted to the County for review and
approval and shall comply with all requirements of this Agreement, and shall, among other
matters: provide for termination of the lease and consent by the Tenant to immediate eviction
for: (1) failure to provide any information required under this Agreement or reasonably requested
by the City to establish or recertify the Tenant for occupancy in the Project in accordance with
the standards set forth in this Agreement, or (2) any material misrepresentation made by such
Tenant with respect to the income computation or certification.
6.2 Nondiscrimination.
There shall be no discrimination against or segregation of any person or group of persons,
on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin,
Attachment 3
4925-4703-1413 v2 8
age, ancestry, disability, or income source, in the leasing, subleasing, transferring, use,
occupancy, tenure, or enjoyment of any Unit nor shall the City or any person claiming under or
through the City, establish or permit any such practice or practices of discrimination or
segregation with reference to the selection, location, number, use, or occupancy, of tenants,
lessees, sublessees, subtenants, or vendees of any Unit or in connection with the employment of
persons for the construction, operation and management of any Unit. City shall market units in
accordance with the HUD-approved affirmative fair housing marketing plan and all Federal,
State, or local fair housing and equal opportunity requirements.
6.3 Housing Choice Voucher (Section 8) Holders.
The City will accept as Tenants, on the same basis as all other prospective Tenants,
persons who are recipients of federal certificates for rent subsidies pursuant to the existing
housing program under the Housing Choice Voucher Program (Section 8) of the United States
Housing Act, or its successor. The City shall not apply selection criteria to voucher holders that
are more burdensome than criteria applied to all other prospective Tenants, nor shall the City
apply or permit the application of management policies or lease provisions with respect to the
Project which have the effect of precluding occupancy of units by such prospective Tenants.
6.4 Term.
The Parties agree that this Agreement shall be recorded in the official records of the
County of Marin following execution. Recordation shall constitute notice to all subsequent
transferees and encumbrancers of the covenants and restrictions set forth herein. The provisions
of this Agreement shall apply to the Property for the entire Term. The Term of this Agreement
shall commence on the date that the Interim Shelter ceases to operate, or June 30, 2028,
whichever date is earlier, and shall continue in perpetuity unless terminated by the City as set
forth herein. The City may terminate this Agreement with or without cause by repaying the
amount of the Grant to the County, which is a total of $8,000,000 by September 30, 2028. Upon
such termination, the County shall execute and cause to be recorded in the official records of the
County a release or other appropriate instrument evidencing the termination of this Agreement
and the release of all covenants and restrictions contained herein from title to the Property. Upon
recordation of such release, this Agreement shall be deemed null, void, and of no further force or
effect, and neither Party shall have any continuing rights or obligations hereunder. During the
Term, this Agreement shall bind any successor, heir or assign of the City, whether a change in
interest occurs voluntarily or involuntarily, by operation of law or otherwise, except as expressly
released by the County. The County makes the Grant on the condition, and in consideration of,
this provision, and would not do so otherwise.
6.5 Compliance with Grant Agreement.
City's actions with respect to the Property shall at all times be in full conformity with all
requirements of the Grant Agreement to the extent that it is applicable.
Attachment 3
4925-4703-1413 v2 9
6.6 Covenants to Run With the Land.
The County and the City hereby declare their express intent that the covenants and
restrictions set forth in this Agreement shall run with the land, and shall bind all successors in
title to the Property, provided, however, that on the expiration of the Term of this Agreement
said covenants and restrictions shall expire. Each and every contract, deed or other instrument
hereafter executed covering or conveying the Property or any portion thereof, shall be held
conclusively to have been executed, delivered and accepted subject to such covenants and
restrictions, regardless of whether such covenants or restrictions are set forth in such contract,
deed or other instrument, unless the County expressly releases such conveyed portion of the
Property from the requirements of this Agreement.
6.7 Assignment and Assumption.
The City shall not assign or transfer any of its rights or obligations under this Agreement,
in whole or in part, without the prior written consent of the County, which consent shall not be
unreasonably withheld. Any proposed assignee must demonstrate to the reasonable satisfaction
of the County that it has (i) the qualifications and financial capacity necessary to operate the
Property and Project in compliance with this Agreement, and (ii) the willingness to assume all
obligations of the City hereunder.
Upon County approval, the City shall cause the assignee to execute an assumption
agreement, in a form approved by County, pursuant to which the assignee agrees to be bound by
all the terms, covenants, and conditions of this Agreement.
6.8 Enforcement by the County.
If the City fails to perform any obligation under this Agreement, and fails to cure the
default within one hundred eighty (180) days after the County has notified the City in writing of
the default or, if the default cannot be cured within one hundred eighty (180) days, failed to
commence to cure within one hundred eighty (180) days and thereafter diligently pursue such
cure and complete such cure within three hundred sixty five (365) days, and shall notice the
County of its efforts, and these efforts must be to the satisfaction of the County, the County shall
have the right to enforce this Agreement by any or all of the following actions, or any other
remedy provided by law:
(a) Action to Compel Performance or for Damages. The County may
bring an action at law or in equity to compel the City's performance of its obligations
under this Agreement, and/or for damages.
(b) Specific Performance. The County and City shall have the right to
bring an action or proceeding at law or in equity to require the other Party to perform its
obligations and covenants under this Agreement or to enjoin acts or things which may
be unlawful or in violation of the provisions of this Agreement.
Attachment 3
4925-4703-1413 v2 10
(c) Repayment of Grant. Upon an event of default by the City, the
County shall have the right to require repayment of the Grant in full.
(d) Reimbursement for modified Project or no Project. In the event
the City entitles fewer than eighty (80) Units as part of the Project at the Property by
June 30, 2028, the City shall pay County $100,000 for every unit less than eighty (80)
that it fails to entitle as affordable housing. City’s payment of these funds shall be due
to County by September 30, 2028. The parties shall work in good faith to execute an
amendment to this Agreement, pursuant to section 6.12, to update the number of
Covered Units.
(e) Other Remedies. The County and City shall have the right to
exercise any and all rights and remedies afforded by this Agreement, law, equity, or
otherwise, including obtaining the appointment of a receiver.
6.9 Attorneys Fees and Costs.
In any action brought to enforce this Agreement, the prevailing party shall be entitled to
all costs and expenses of suit, including attorneys' fees. This section shall be interpreted in
accordance with California Civil Code Section 1717 and judicial decisions interpreting that
statute.
6.10 Recording and Filing.
The County and the City shall cause this Agreement, and all amendments and
supplements to it, to be recorded in the Official Records of the County of Marin.
6.11 Governing Law.
This Agreement shall be governed by the laws of the State of California.
6.12 Waiver of Requirements.
Certain requirements of this Agreement may be expressly waived by the County in
writing, but no waiver by the County of any requirement of this Agreement shall, or shall be
deemed to, extend to or affect any other provision of this Agreement.
6.13 Amendments.
This Agreement may be amended only by a written instrument executed by all the parties
hereto or their successors in title, and duly recorded in the real property records of the County of
Marin.
6.14 Notices.
Attachment 3
4925-4703-1413 v2 11
Any notice requirement set forth herein shall be deemed to be satisfied three (3) days
after mailing of the notice first-class United States certified mail, postage prepaid, addressed to
the appropriate party as follows:
City: City of San Rafael
Attn: City Manager
1400 5th Avenue
San Rafael, CA 94901
With a copy to:
City Attorney’s Office
Attn: Chief Assistant City Attorney
1400 5th Avenue, Suite 202
San Rafael, CA 94901
Copies of notices sent to City shall also be sent to the limited partner of the City if the limited
partner has requested such notice and provided the County with its address.
County: County of Marin
Community Development Agency
3501 Civic Center Drive, Suite 308
San Rafael, California 94903
Attn: Director AND County Executive
Such addresses may be changed by notice to the other party given in the same manner as
provided above.
6.15 Severability.
If any provision of this Agreement shall be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining portions of this Agreement shall not in any way be
affected or impaired thereby.
6.16 Multiple Originals; Counterparts.
This Agreement may be executed in multiple originals, each of which is deemed to be an
original, and may be signed in counterparts.
Attachment 3
4925-4703-1413 v2 12
[THE SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, the County and the City have executed this Agreement by duly
authorized representatives, all on the date first written above.
CITY: City of San Rafael
PROJECT SPONSOR,
By: ______________________________
Name:
Its: City Manager
COUNTY:
County of Marin, a political subdivision of the State
of California
By: _____________________________________
Name: ___________________________________
Its: ______________________________________
Approved as to Form:
Attachment 3
4925-4703-1413 v2 13
By:
Name: __________________________________
Its:
4925-4703-1413 v2 A-1
EXHIBIT A
Legal Description of Property
Real property in the City of San Rafael, County of Marin, State of California, described as
follows:
Parcel B, as shown upon that certain Parcel Map entitled "PARCEL MAP DIVISION OF
LANDS OF JACOBSON AND CLAYTON LOTS 1 TO 13 AND 22 TO 31 MAP OF
SUBDIVISION "A" GOLF LINKS TRACT (2 MAPS 7), City of San Rafael, California October
1982", filed for record February 9, 1983 in Book 21 of Parcel Maps, at Page 6, Marin County
Records.
APN: 179-041-27 and 179-041-28
Outlook
Re: 350 merrydale project
From molly blauvelt >
Date Tue 11/4/2025 10:00 AM
To Nguyen Pham <Nguyen.Pham@cityofsanrafael.org>
Cc End Homelessness < endhomelessness@cityofsanrafael.org >
Hello and nice to meet you, Nguyen. Thanks for your kind reply.
I do not plan to be at 11/6 meeting, but definitely at the 11/17 City hall meeting, where I definitely plan to speak up on behalf of our
unhoused neighbors and this terrific tiny homes plan!
My friend, Micheal Hooper, also asked me to come to the city hall meeting. I have worked with him before on another project and know
him personally a little bit; he's a good guy.
But he told me some disturbing info about the local Las Gallinas sanitary district and how they intend to blockage the project and that all
their deferred maintenance at the site and in that neighborhood will now prove extra disastrous and expensive !?!
Does the public know abut this? Will this info be shared at the City Hall meeting? The neighbors should know!
Molly Blauvelt
On Nov 3, 2025, at 5:43 PM, Nguyen Pham < Nguyen.Pham@cityofsanrafael.org > wrote:
Good evening, Molly!
My name is Nguyen, and I work at the City's Community Services Division. Nice to e-meet you! I truly appreciate your
compassion and understanding of how important it is to create a safe and dignified place for our unhoused neighbors to
transition toward permanent housing.
Here is the link to the project page: httRs://www.citv.ofsanraf ael.org/interim-shelter-site-at-350-merrv.dale-road/. It includes
background information, the FAQ, past webinars, and details about the upcoming November 6 Open House public engagement
11 /10/25 , 10:16 AM Supportive of Interim Shelter Project -Ng uyen Pham -Outlook
event (this Thursday).
We also encourage you to attend the City Council meeting on November 17, when the project will be considered. You can find
the Council meeting schedule and future agendas here:b.ttPs://www,cjtyofsanrafaeLorg/cjty-coyncil-meetjng~.
If you would like to publicly share your support, you can provide written or verbal comments 12rior to or during the Council
meeting. Instructions for submitting public comments are available at:b,ttps://www,cjtv.ofsanrafaeLorgfgY.i.d.e:public-meetjng~.
Your voice makes a real difference in helping our community move forward with compassion and practical solutions. Thank you
again for standing with us in support of this effort.
Nguyen Pham, MPA (he/him)
City of San Rafael
From: Molly Blauvelt
Sent : Monday, November 3, 2025 8:47 AM
To : End Homelessness <endhomelessness@cityofsanrafael.org>
Subject: 350 merrydale project
I am so hopeful about this project! I have driven by the site and read as much as possible about the project. I understand well, as
a resident of Bret Harte who lives next to the campers on Anderson and Mahon creek, the need for this next step and i
completely support this tiny homes project. The City's partnership with the County on this essential project is also great to hear
about. Best of luck!!
Molly
Mollv Blauvelt
https://outlook.office365.com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YllzLTY4Mj UyMj E4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGQBgQ3AA ... 2/2
Outlook
Project at 350 Merrydale
From S. L. >
Date Mon 11/3/2025 5:04 PM
To End Homelessness <endhomelessness@cityofsanrafael.org>
I support this project. Please do whatever you can to increase housing. I don't care if it's massive apartments or smaller projects like this.
Do it all. We need it.
Scotty
11/10/25 , 1:25 PM Supportive of Interim Sh elt er Project -Nguyen Pham -Outlook
Outlook
<In full support>350 Merrydale Interim Shelter
From Ryan
Date Thu 10/30/202 5 4:48 PM
To End Ho mel ess ness <endh o m elessness@c ityofsanrafae l.o rg >
Hello,
I wanted to write in my message of heartfelt and full support of the interim shelter at 350 Merryda le in San Rafael. Please build it and build
it fast! Also , consider engaging MarinHealth o r Kaise r to help sponsor.
And thank goodness! This site has been vacant for years , what a waste ! All this time, we cou ld have put this site to good use but it's been
nothing, for no one . And the trash on the st reet is an eye sore, not to mention the speeding on this street is a hazard . Unhoused people
sleep in the creek by the railroad track. Honestly, I don't know what my neighbors are thinking how is a shelter going to be any worse
than the current state? It won 't.
If Ca lifornia residents want and expect the unhoused crisis to be amelio rated if we really want to address the problem then we need to
put up or shut up. We need to have some compassion and do what's right.
I si ncerely hope you're getting vo ices of support rather than the unfortunate NIMBYism I'm hea ring about from my neighborhood.
Yours in compass ion ,
https ://oullook .office365 .com/mail/AAMkAGRIN WZmMm RiLWM2NjltNDVmYi04YTl zLTY4MjUyMj E4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzE YXAQ DKvfbGWoUAQ6SqJpC5ne09AAGQBgQ3AA ... 1/1
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Re: Thumbs UP!
From Mayor Kate <Kate.Colin@cityofsanrafael.org>
Date Thu 10/30/2025 1 :56 PM
To Elaine Reichert ; Mary Sackett <Msackett@marincounty.org>
Cc End Homelessness < endhomelessness@cityofsanrafael.org >
Hi Elaine -Thanks for taking the time to share your support of this project. It would be great if you could consider attending the San Rafael
City Council meeting on 11/17 6pm when this will be voted on by the council (the agenda item will be closer to 6:30). This is a bold idea so
having supporters in the room is important.
Warmly,
Kate
Kate Colin (she/her/hers)
Mayor, City of San Rafael
��f' � SAN RAFAEL
�� THE CITY WITH A MISSION
established1874
From: Elaine Reichert
Sent: Wednesday, October 29, 2025 6:31 PM
To: Mayor Kate <kate.colin@cityofsanrafae l.org>; Mary Sackett <Msackett@marincounty.org>
Subject: Thumbs UP!
Mary and Kate,
I want to express my unconditional support for your purchase of the Merrydale site and the tiny homes community. It was good strategy to
do this quietly! Sadly, the usual NIMBY uproar has begun. Hopefully the project will move swiftly to implementation. So many people will get
their lives stabilized thanks to this supportive housing and the services that will be onsite.
Good job!
11/10/25, 1:25 PM Supportive of Interim Shelter Project -Nguyen Pham -Outlook
Elaine Reichert
https://outlook.office365.com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGQBgQ3AA... 2/2
Outlook
FW: 350 Merrydale Interim Shelter Project I New submission from Contact the City Clerk's Office
From Brenna Nurmi <Brenna.Nurmi@cityofsanrafael.org>
Date Wed 10/29/2025 7:33 AM
To End Homelessness <endhomelessness@cityofsanrafael.org>
Cc Distrib-City Clerk <City.Clerk@cityofsanrafael.org>
For you--
B
From:
Sent: Tuesday, October 28, 2025 7:34 PM
To: Distrib-City Clerk <city.clerk@cityofsanrafael.org>
Subject: 350 Merrydale Interim Shelter Project I New submission from Contact the City Clerk's Office
Name
Cherie Graham
Email
350 Merrydale Interim Shelter Project
Message
I am a resident of San Rafael fully support the approval of the 350 Merrydale Interim Shelter Project. Thank you.
11/10/25, 4 :09 PM Supportive of Interim Shelter Project -Nguyen Pham -Outlook
O utloo k
Merrydale
From Michael
Date Fri 10/17/2025 3:50 PM
To End Homelessness <endhomelessness@cityofsanrafael.org>
Hi -I want to voice my support for the Merrydale project and thank you for your continued efforts to address homelessness in San Rafael. It's
nice to see the county and city cooperate like this and for residents to have pathways to improving their living situation at the property seems
quite smart. I understand that neighbors will not be happy with this new project nearby but it does seem to be a reasonable location close to
transportation and services while not creating further homeless density downtown. Thanks again .
Michael Siminoff
https ://oullook .office365 .com/mail /AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGQBgQ3AA ... 1/1
11/10/25, 4 :10 PM
Outlook
Fw: Voice Mail (58 seconds)
From Mayor Kate <Kate.Co li n @cityofsanrafae l.org>
Date Mon 10/20/2025 9:53 AM
Supportive of Interim Shelter Project -Nguyen Pham -Outlook
To End Ho melessness <endho m elessness@c ityof sanrafae l.org>
® 1 attach ment (171 KB)
audio.mp3;
Hi -Also want to forward the supportive voice mails.
Kate Colin (she/her/hers)
Mayor, City of San Rafael
~~4" ~ SAN RAFAEL l~~ THE CITY WITH A MISSION ~(JJ established 18 74
From: WIRELESS CAL LER
Sent: Satu rday, Octobe r 18, 2025 9 :52 AM
To: Mayo r Kate <Kate.Co lin @cityofsan rafae l.o rg>
Subject: Vo ice Mail (58 second s)
oh hello my name is warren somebody put a flyer in my mai l box which is illegal it's a federal crime i th ink 'cause it didn't have a stamp on it or
anything they said you may o r may not have received a flyer i'm going to plan homeless she lte r tiny home project at 350 marydale th is planning has
been done in sec ret and they've sp ru ng it on us at the last m i nute it's l i ke yeah OK boomer i would say that you guys should go ahead with that
project and don't listen to the vocal minority i would rather have homeless people in homes rather than pe rsecuted by the state so thanks very much
for car ing about the peop le and common human ity and uplifting our brothers and siste rs in mankind and keep on doing with it i'II vote for you again
it's no big deal you're strong person and you r convictions are good thanks very much for listening to me
https ://outlook .office365 .com/mail/AAMkAGR INWZmMm RiLWM2 NjltNDVmYi04YTl zLTY4MjUyMj E4MzE1MgAuAAAAAABoASa2NQaC RowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5ne09AAGQBgQ3AA ... 1/2
11/10/25 , 4 :10 PM Supportive of Interim Shelter Project -Nguyen Pham -Outlook
You received a voice mail fro ~
Thank you for using Transcription! If you don't see a transcript above, it's because the audio quality was not clear enough to transcribe.
Set Ug Voice Mail
https ://outlook.office365 .com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGQBgQ3AA ... 2/2
11/10/25, 4 :10 PM Supportive of Interim Shelter Project -Nguyen Pham -Outlook
Outlook
Re: How can our church support the initiative to build "tiny homes?"
From Bryna Holland
Date Fri 10/24/2025 4:19 PM
To Nguyen Pham <Nguyen.Pham@cityofsanrafael.org>
Cc Daniel Cooperman <Daniel.Cooperman@cityofsanrafael.org>
Outstanding. I'll share this information with people who are in support of this initiative. Thanks!
On Fri, Oct 24, 2025 at 3:11 PM Nguyen Pham < Ng.YY.en.Pham@cityofsanrafael.org.> wrote:
Hello Bryna!
Thank you for chatting with me and Daniel (c/c-ed). I am following up with some information that we talked about.
1. Oct 28th at 6PM Virtual Webinar RSVP via this link
https://www.cityofsanrafael.org/community-meeting-350-merrydale-road-interim-shelter-PrQject-scheduled-for-october-28-
2025/
2. Nov 6th at 5PM in-person open house @ location TBD. I will forward the flyer once it's ready.
3. Nov 17 City Council Meeting https://www.citY,ofsanrafael.org/citY,-council-meeting§L
(While the agenda is not posted yet, the link will provide you with information on how to participate in public comments)
4. Talking Points: Staff have put together an FAQ page https://www.citv.ofsanrafael.org/350-merrv.dale-freguentlv.-asked-guestions/ you
can also watch the Press Conference for additional talking points httP-s://www.youtube.com/watch?v=lnyN5ClhN04
Items #2 and #3 will be repeated during the Oct 28th webinar.
Thank you and please stay in touch!
nguyen
From: Bryna Hollan
Sent: Wednesday, October 22, 2025 6 :50 PM
https ://outlook .office365 .com/mail /AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5ne09AAGQBgQ3AA... 1/3
11/10/25 , 4 :10 PM Supportive of Interim Shelter Project -Nguyen Pham -Outlook
To: Lauren Schwartz <Lauren .Schwartz@citv.ofsanrafael.org>
Cc: Nguyen Pham <~gy_v.en.Pham@citv.ofsanrafael.org >
Subject: Re : How can our church support the initiative to build "tiny homes?"
Thanks Lauren. Hi Nguyen. Happy to chat when you have a few minutes. Thanks, Bryna
On Wed , Oct 22, 2025 at 4:43 PM Lauren Schwartz < Lauren .Schwartz@citY.ofsanrafael.org,> wrote:
Hi Bryna ,
I am connecting you with Nguyen, he is CC'd on this email. He is one of the project managers for this project.
Thank you,
Lauren Schwartz I City of San Rafael
Executive Assistant
City Managers Office
Office 415.485.3056
Lauren.Schwartz@citv.ofsanrafael .org
SAN RAFAEL -
THE CITY WITH A MISSION
From: Bryna Holland
Sent : Wednesday, October 22, 2025 4 :09 PM
To: Lauren Schwartz <Lauren .Schwartz@citv.ofsanrafael.org>
Subject: How can our church support the initiative to build "tiny homes?"
Hi Lauren,
https://outlook .office365 .com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGQBgQ3AA ... 2/3
11/10/25, 4 :10 PM Supportive of Interim Shelter Project -Nguyen Pham -Outlook
When Trever Burgan and I met recently with Mayor Colin, she mentioned we could support her in efforts to build tiny homes.
I read the Marin IJ article today, and noted the controversy around the proposal . When you have a moment, please let me know in
what ways Trever and I can support this important initiative.
Best wishes, Bryna Holland
https://outlook.office365 .com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGQBgQ3AA... 3/3
11/10/25, 4 :11 PM Supportive of Interim She lter Project -Nguyen Pham -Outlook
Outloo k
Tiny homes community
From Barbara
Date Fri 10/24/2025 7:38 PM
To End Home lessness < EndHomelessness@cityofsanrafael.org>
I'm in fav o r of this idea.
Barb
https ://outlook .office365 .com/mail /AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5ne09AAGQBgQ3AA... 1/1
11/10/25, 4 :11 PM Supportive of Interim She lter Project -Nguyen Pham -Outlook
Outloo k
Eric left voicemail in support of interim shelter project
From Nguyen Pham <Nguyen.Pham@cityofsanrafael.org>
Date Fri 10/24/2025 8:12 PM
To End Homelessness <endhomelessness@cityofsanrafael.org>
https ://outlook .office365 .com/mail /AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5ne09AAGQBgQ3AA... 1/1
11/10/25, 4 :12 PM
Outlook
Website FAQs
From Zosia Zawacki ~>
Date Tue 10/28/2025 7:47 PM
Supportive of Interim Shelter Project -Nguyen Pham -Outlook
To End Homelessness <endhomelessness@cityofsanrafael.org>
Hi,
Thank you for the presentation and Q&A tonight about the site on Merrydale.
I wanted to bring attention to the website FAQs because I heard it mentioned tonight and also by the Mayor at the homelessness
subcommittee meeting that the website has a lot of information and FAQs and has recently been updated. I sent questions in last year that
were addressed on the website (thank you) and there was a long list at the time. Now, there are only 5 questions/answers on the
community FAQ page and I wonder if there is a missing link or the list was inadvertently truncated.
htt12s://www.cityofsanrafael.org/community~uestions about homelessness/
I continue to be impressed by the city's efforts and professionalism.
Thanks,
Zosia
https ://outlook .office365 .com/mail /AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5ne09AAGQBgQ3AA... 1/1
11/10/25, 4 :12 PM
Outlook
Re: Thumbs UP!
From Mayor Kate <Kate.Colin@cityofsanrafael.org>
Date Thu 10/30/2025 1 :56 PM
Supportive of Interim Shelter Project -Nguyen Pham -Outlook
To Elaine Reichert >; Mary Sackett <Msackett@marincounty.org>
Cc End Homelessness < endhomelessness@cityofsanrafael.org >
Hi Elaine -Thanks for taking the time to share your support of this project. It would be great if you could consider attending the San Rafael
City Council meeting on 11/17 6pm when this will be voted on by the council (the agenda item will be closer to 6:30). This is a bold idea so
having supporters in the room is important.
Warmly,
Kate
Kate Colin (she/her/hers)
Mayor, City of San Rafael
~~f' ~ SAN RAFAEL ~~ THE CITY WITH A MISSION ~({JJ established 18 74
From: Elaine Re ichert
Sent: Wednesday, October 29, 2025 6:31 PM
To: Mayor Kate <kate.colin@cityofsanrafael.org>; Mary Sackett <Msackett@marincounty.org>
Subject: Thumbs UP!
Mary and Kate,
I want to express my unconditional support for your purchase of the Merrydale site and the tiny homes community. It was good strategy to
do this quietly! Sadly, the usual NIMBY uproar has begun . Hopefully the project will move swiftly to implementati on . So many people will get
their lives stabilized thanks to this supportive housing and the services that will be onsite.
Good job!
https ://outlook .office365 .com/mail /AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5ne09AAGQBgQ3AA ... 1/2
Elaine Reic h ert
-outlook.office365.com/mail/AAMkAGRI NWZmMmRiLWM2NjltNDVmYi04YllzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5ne09AAGQBgQ3AA... 2/2
11/10/25, 4 :13 PM Supportive of Interim Shelter Project -Nguyen Pham -Outlook
Outlook
<In full support>350 Merrydale Interim Shelter
From Ryan
Date Thu 10/30/2025 4:48 PM
To End Homelessness <endhomelessness@cityofsanrafael.org>
Hello,
I wanted to write in my message of heartfelt and full support of the interim shelter at 350 Merrydale in San Rafael. Please build it and build
it fast! Also, consider engaging MarinHealth or Kaiser to help sponsor.
And thank goodness! This site has been vacant for years, what a waste! All this time, we could have put this site to good use but it's been
nothing, for no one. And the trash on the street is an eye sore, not to mention the speeding on this street is a hazard. Unhoused people
sleep in the creek by the railroad track. Honestly, I don't know what my neighbors are thinking how is a shelter going to be any worse
than the current state? It won't.
If California residents want and expect the unhoused crisis to be ameliorated if we really want to address the problem then we need to
put up or shut up. We need to have some compassion and do what's right.
I sincerely hope you're getting voices of support rather than the unfortunate NIMBYism I'm hearing about from my neighborhood.
Yours in compassion,
https ://outlook .office365 .com/mail /AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5ne09AAGQBgQ3AA... 1/1
11/10/25, 4 :37 PM
Outlook
FW: New submission from Contact City Council
From Info <info@cityofsanrafael.org>
Date Mon 11/10/2025 4:34 PM
To End Homelessness <endhomelessness@cityofsanrafael.org>
From:
Sent: Monday, November 10, 2025 9:14 AM
lnbox -Nguyen Pham -OuUook
To: Info <info@cityofsanrafael.org>; Open Data <opendata@cityofsanrafael.org>
Subject: New submission from Contact City Council
Name
Laura Stivers
Email
Subject
Terra Linda Housing for Homeless
Message
San Rafael City Council.
I know you have been getting a lot of push back on this project but I want to register my support for it. I work at and teach on the
topic of housing and homelessness . This is an important housing proposal to address homelessness and the lack of affordable housing in Marin. Thank you for the
work you do.
Laura Stivers
Address (optional)
https ://outlook .office365 .com/mail /none/i d/AAkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABmaCjegAA 1/2
11/10/25 , 4 :37 PM
United States
MaP-..11
lnbox -Nguyen Pham -Outlook
https ://outlook.office365 .com/mail/none/id/AAkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABmaCjegAA 2/2
11/12/25, 2:19 PM
Outlook
Re: Merrydale Homeless Shelter
From Rachel Kertz < Rachel.Kertz@cityofsanrafael.org >
Date Wed 11/12/2025 11 :55 AM
To Suzie Dads >
Re : Merrydale Homeless Shelter -Nguyen Pham -Outlook
Cc End Homelessness < endhomelessness@cityofsanrafael.org >
Hi Suzie,
Thank you for your message. Appreciate your feedback.
Best,
Rachel
Rachel Kertz
Councilmember City of San Rafael
Connect with me! 415-299-7008 cell
~Image
Follow us: Facebook I Twitter I lnstagram
From: Suzie Dads
Sent: Wednesday, November 12, 2025 11:15:21 AM
To: Rachel Kertz <rachel.kertz@cityofsanrafael.org>
Subject: Merrydale Homeless Shelter
Good morning,
I am writing in FULL support of the proposed shelter on Merrydale.
The building has been empty for EONS and it's high time a new dedicated space for unhoused people is developed.
It's close to transport, to shops and it needs to be used.
I live less than a mile away and would absolutely welcome such a venue.
about:blank 1/2
11/12/25, 2:19 PM Re : Merrydale Homeless Shelter -Nguyen Pham -Outlook
Suzie Dods
abou t blank 2/2
Feedback From Community Engagement Session with Sanctioned Encampment
Residents 11.12.2025
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11/10/25 , 11 :06 AM 350 Menydale driveway faces my back fence -Nguyen Pham -Outlook
Outlook
350 Merrydale driveway faces my back fence
From Jennifer Wallace
Date Mon 11/10/2025 11 :03 AM
To marybeth.bushey@cityofsanrafael.org <marybeth.bushey@cityofsanrafael.org>; mary.sackett@marincounty.gov <mary.sackett@marincounty.gov>;
Mayor Kate <kate.colin@cityofsanrafael.org>; End Homelessness <endhomelessness@cityofsanrafael.org>
Hello,
My name is Jennifer Wallace and I am writing to ask you to vote no on the 350 Merrydale site for the homeless encampment. As context, my
home backs up to Merrydale, my back fence faces the Merrydale building and is directly infront of the Merrydale driveway. I will be impacted
directly by this project.
My ask of you to vote no on this stems from
-the big disconnect we're seeing between the Utopian view being presented in your plans for this 'managed encampment' vs . the reality
of what exists today through 'managed sites ' like the one on Mahone and the Anderson site
-the huge gap in the City and County's ability to manage this program successfully, again as is evidenced by the state of current
encampments and gap in policing and managing the gray zone behind the storage unit on Merrydale
-lack of trust you have engendered from our community based on how you have undertaken getting this program through and gaps in
your planning
1) My neighbors and I have spoken with multiple San Rafael PD officers who said that at night, at both sites, you can shine a flashlight around
and see hundreds of glowing eyes, from rats, staring back at you . This indicates poor site management. They also have commented about the
reality of the drug trafficking and lack of community standards enforcement in the encampment. I spoke with the contractor whom you have
engaged to manage this site and he said "because the buildings on the site will be hard -sided we *should * be able to manage that better, but
you know, you can 't really ever be on top of rats once they get out of control so we 'll do our best but...you know ... ".
2) People who work in the Bio -Marin building have shared directly that, from their office windows, they look out to see people having sex and
doing drugs DAILY in the bushes around the encampment. The restrictions of living in the encampment push community members to go
outside of the supervised boundaries to do this stuff elsewhere. This means , in the context of my neighborhood, these activities will spill out
near us, including directly behind my home. I don't feel safe knowing that could be so close to me. My 92 -year old neighbor Miss Geri with a
direct view over her back fence to the Merrydale property also doesn't feel safe with that behind her fence. The parents who live next to me
on the other side, Kai and Rachel, with baby Maeve, are feeling the same. Kim , whose fence backs up to the walkway by the storage unit
about:blank 1/3
11/10/25, 11:06AM 350 Merrydale driveway faces my back fence -Nguyen Pham -Outlook
already has some homeless folks hanging out behind her fence, including one lady masturbating and doing drugs last week. We have five
childcare facilities in the immediate vicinity plus a bus stop, and countless families in the neighborhood. You're seriously recommending
bringing the potential for this behavior closer to us?
3) The 'gray zone' I believe it is called, of the area around the storage facility and Merrydale site-Caltrans owns that, but doesn't maintain it.
The San Rafael PD doesn't police it (or at least enough) because we have homeless living back there, there is tons of litter and dumping. I
don't feel safe walking on that path to the farmer's market. If you bring in more homeless, and they want to skirt the community living
standards policies, they'll do so outside of the fenced area and do it around this 'gray zone' and along the Merrydale creek-which is next to
my fence.
4) I had to ask MULTIPLE times at the trade show both meeting at the JCC if there is a no drugs, no alcohol, no guns policy included in the
community standards. All I got back was some blank stares, a few sheepish smiles and shrugged shoulders. That response, to not know or not
have that included, this far into the development of this project, indicates to me that these regulations are, at best, an afterthought. These
should have been bedrock, foundational standards included in the community standards policy for the benefit of everyone-the tenants AND
our community. This seriously erodes your credibility as project managers who can implement this program in a way that will have minimal
impacts to our community. We are clear-eyed about the tremendous challenges those in the homeless population face, the increased
incidents of crime that is bringing into our neighborhood and very clear eyed about your collective lack of ability to implement and manage
this in a way that can make it successful for our community, based on how you have rolled this out so far and the huge gaps we're seeing in
your planning, anticipation of issues post-opening and ideas for how to manage it all ongoing.
I could continue with more on this list. The common thematic running through these items is that there is a huge disconnect between what
you are trying to sell as the vision and what reality will be based on current evidence of needs, issues, and ability to manage this successfully.
What it all comes down to is that you have a population who, while not all of them are druggies and alcoholics and such, that population does
have a statistically higher percentage of folks dealing with issues that makes our community much less safe. It's exceedingly reasonable to not
want to have to add those issues to the stack of what you have already piled on our neighborhood-the SMART train noise, no soundwall
along the freeway (they stopped construction south of us years ago because they didn't think to extend the sound study this far north-a few
hundred feet from where they ended it...) so the freeway noise reaches more than 90 DB in the mornings and evenings. Now you want to add
another challenge to our neighborhood that could materially change what we have all worked so hard to build-a place that is safe, stable,
connected, enjoyable. Despite all of the assurances that all will be fine, with the massive gaps we're seeing in data, in how honest and
transparent and engaging you have all been through this process, with the gap between utopia and the reality of life at the current
encampments, with the answers you all still don't have-the stakes are too high for our safety, stability and comfort to trust this and I urge
you to vote no.
Respectfully,
Jennifer Wallace, Homeowner
about:blank 2/3
11/10/25, 11:06AM 350 Merrydale driveway faces my back fence -Nguyen Pham -Outlook
about:blank 3/3
11/10/25, 4 :21 PM lnbox -Nguyen Pham -Outlook
Outlook
Re: 350 Merrydale
From Nguyen Pham <Nguyen.Pham@cityofsanrafael.org>
Date Sat 11/8/2025 12:10 AM
To Theresa Brady
Cc End Homelessness < endhomelessness@cityofsanrafael.org >
Hello Theresa:
My name is Nguyen from the City's Community Services Division. Nice to e-meet you! The sites are listed on the below FAQ
page. You can quickly navigate to the list by scrolling down to the "Why this site " section.
httP-s:l/www.cityofsanrafael.org/350-merrydale-freguently-asked-guestions/
Thank you and have a restful weekend!
Nguyen
Get Outlook for iOS
From: Theresa Brady
Sent: Friday, November 7, 2025 11:42 PM
To: End Homelessness <endhomelessness@cityofsanrafael.org>
Subject: 350 Merrydale
Hello,
At the October 28 virtual meeting about 350 Merrydale, your staff promised to share the 20 other properties considered for the shelter project
on the city website. Please point me to this information.
Thank you,
Theresa Brady
https ://outlook .office365 .com/mail /none/id/MkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABmVCQ3AM 1/1
11/10/25, 4 :21 PM lnbox -Nguyen Pham -Outlook
Outlook
Re: Questions about 350 Merrydale and SMART Pathway
From Rachel Zwillinger
Date Thu 11/6/2025 8:28 PM
To End Homelessness <endhomelessness@cityofsanrafael.org>
Cc Rachel Kertz <rachel.kertz@cityofsanrafael.org>; Mayor Kate <kate.colin@cityofsanrafael.org>
Hi all. Thanks for the good discussion tonight about the 350 Merrydale Project. I had an opportunity to ask my questions about the
SMART Pathway, and received answers to most of them.
The answers leave me concerned that the SMART Pathway--and particularly the isolated segment between Los Ranchitos and the Civic
Center Station--will become an attractive area for residents in the new facility to congregate or hang out in a manner that will make it feel
less safe for neighbors. I am hoping there is openness to modifying the Good Neighbor Policy to proactively address this issue.
Can we please add a provision to the Good Neighbor Policy that clearly prohibits loitering or hanging out on or next to the
SMART pathway?
Thanks for considering this request. I would really appreciate a response regarding whether the City is willing to add such a provision to
the policy.
Thank you for your efforts to make this project work for both the residents and the surrounding neighborhood.
Rachel
On Wed, Oct 29, 2025 at 9:41 AM Rachel Zwillinger wrote:
I attended last night's webinar on the 350 Merrydale Project and really appreciate the informative presentation and candid answers to
questions. The focus on answering community questions and responding to feedback is refreshing.
I was unable to stay until the end of the meeting, and apologize if these questions were answered, but I would really like to have
additional clarity about expectations for the SMART Pathway. I jogged past the site this morning, and there is currently a trail that leads
directly from 350 Merrydale to the Civic Center Station and SMART Pathway.
https :/loutlook .office365 .com/mail /none/i d/MkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABl%2BVTBQAA 1/2
11/10/25, 4 :21 PM lnbox -Nguyen Pham -Outlook
I would be grateful for answers to the following questions:
(1) What are the rules in City Code or elsewhere regarding camping along the SMART Pathway?
(2) What are the rules regarding loitering along the SMART Pathway in City Code, the Good Neighbor Policy, or elsewhere?
(3) Who is responsible for patrolling the Pathway--particularly the section between Los Ranchitos and Civic Center Station that is not
visible from the road? It's not clear to me if this will be a SMART, City code enforcement, or police function .
(4) Is there a plan for patrol frequency? My understanding is that patrols are currently very limited because SMART only has a few code
enforcement staff for the entire system .
Many thanks for helping me and other community members understand what to expect as this project develops.
Rachel
https://outlook.office365 .com/mail/none/id/AAkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABl%2BVTBQAA 2/2
11/10/25, 4 :38 PM 350 Menydale General and Webinar Questions -Nguyen Pham -Outlook
Outlook
Re: 350 Merrydale
From Nguyen Pham <Nguyen.Pham@cityofsanrafael.org>
Date Mon 10/13/2025 8:51 PM
To Ashley Frost
Cc End Homelessness < endhomelessness@cityofsanrafael.org >
Hello Ashley,
Thank you for reaching out and sharing your concerns. I want to clarify a few points about today's outreach and the broader community
engagement process.
Our team began distributing informational flyers today, October 13, as part of the City's initial outreach effort for the proposed interim
shelter project at 350 Merrydale Road. Due to the rain, outreach concluded around 1:00 p.m. today, and only a portion of the neighborhood
was reached. Additional outreach will continue in the coming days to ensure all nearby residents and businesses receive information about
the project.
Community input is very important to the City and County. In the coming weeks and months, the City will host public meetings to share
updates, listen to feedback, and answer questions from residents and stakeholders. We will announce the dates, times, and locations of these
meetings soon and will ensure that the San Rafael Meadows residents are informed.
In the meantime, you're welcome to share your comments or questions directly by replying to this email or writing to
endhomelessness@cityofsanrafael.org
Thank you again for taking the time to share your thoughts.
Nguyen P. (he/him)
City Manager's Office
From: Ashley Frost
Sent: Monday, October 13, 2025 8 :37 PM
https :/loullook .office365 .com/mail/id/AAkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABiMZiQwAA 1/2
11/10/25, 4:38 PM 350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook
To: End Homelessness <endhomelessness@cityofsanrafael.org>
Subject: 350 Merrydale Encampment
Hello,
My neighbor recently received a flyer announcing the building of "homes" at the address in the subject line. First, I'm curious why only certain
people in the neighborhood even received this info? Secondly, and more importantly when was the community consulted about bringing
these homeless people into our spaces.
I'd like to know where and who to submit our absolute rejection, as a community, to this. You are placing these people in a community of
children and hardworking families. Every person in the Rafael Meadows area will protest this glorified encampment. Please take note. We will
not be quiet letting this happen to our neighborhood.
Ashley Frost
https://outlook.office365.com/mail/id/AAkALgAAAAMHYQDEapmEc2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABiMZiQwAA 2/2
11/10/25, 4:41 PM
Outlook
Follow up on Tuesday's commitments
From Maryellen Mullin Fong
Date Thu 10/30/2025 9:31 PM
350 MerT)'dale General and Webinar Questions -Nguyen Pham -Outlook
>
To Maribeth Bushey <maribeth.bushey@cityofsanrafael.org>; Sackett, Mary <Mary.Sackett@marincounty.gov>; Mayor Kate
< kate.colin@cityofsanrafael.org >; End Homelessness <endhomelessness@c ityofsanrafael.org >
Cc >;
Dear Mayor Colin, Ms. Bushey, Mr. Cooperman, and Ms. Sackett,
During Tuesday's recorded and highly controlled Zoom meeting, each of you assured the community that the list of the 20 proposed sites
would be disclosed and made public by today, Thursday. As of now, these sites are still not listed in the FAQs for 350 Merrydale.
In addition, we requested that the Code of Conduct be shared and defined, as it remains unclear what this refers t~yet it was repeatedly
mentioned throughout the Zoom call . This is public information, and withholding it only deepens community concerns about transparency.
We also continue to request the crime statistics from the current encampments. Many neighbors and mothers have asked for this data, yet
it was again deferred by the Lieutenant during the meeting.
Frankly, our community is growing weary of elected officials holding closed door discussions and limiting public access to essential
information. These decisions affect all of us, and we expect open communication, not secrecy.
Until transparency and accountability are restored, you no longer have my vote or trust.
Respectfully,
Maryellen Mullin Fong -
https ://oullook.office365 .com/mail /i d/AAkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABk3JMoAAA 1/2
11/10/25, 4 :41 PM 350 Menydale General and Webinar Questions -Nguyen Pham -Outlook
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11/10/25, 4 :41 PM
Outlook
Re: Follow up on Tuesday's commitments
From Maryellen Mullin Fong
Date Mon 11/3/2025 12:50 PM
To Mayor Kate <kate.colin@cityofsanrafael.org>
350 Menydale General and Webinar Questions -Nguyen Pham -Outlook
Cc Betty Shea ; Maribeth BusheY, <maribeth.bushev(ci)citvofsanrafael.ora>: Marv Sackett <Marv.Sackett(ci)marincountv.gov>;
End Home ess s <en o e s ne s . cI vofsanrafael.ora> >;
Erica E. Larsen
Dear Mayor Colin,
Than k you for your response. However, the information I requested still does NOT appear in the City's FAQs -specifically regarding safety,
sex offenders, or crime statistics. These are central issues for our community, and continuing to defer to the FAQ without addressing these
questions directly is unacceptable.
Additionally, your reference to my professional background is inappropriate. If you are suggesting that my expertise as a licensed clinical
psychotherapist could be of service to the City, you may formally contract and compensate me for that work. I have over twenty years of
professional experience, and it is deeply disrespectful -and frankly insulting -to imply that I should volunteer that expertise while my
own family's safety is being jeopardized by your administration 's decisions.
I again ask that you provide direct, transparent answers to the specific safety and crime related concerns raised by myself and others in the
community.
Res pectfu I ly,
Maryellen Mullin Fong, LMFT
https :/loullook.office365 .com/mail /i d/AAkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABIWQaMgAA 1/8
11/10/25, 4 :41 PM 350 Menydale General and Webinar Questions -Nguyen Pham -Outlook
Maryellen Mullin Fong
On Mon, Nov 3, 2025 at 11:03AM Mayor Kate <Kate.Colin@cityofsanrafael.org > wrote:
Hi Maryellen and all cc'd on this email -Thank you for your continued engagement. I understand your concerns and agree that safety and
transparency are essential as we move forward. The questions you and others have raised are being addressed through the City's FAQ so
that everyone has access to the same, accurate information. This approach ensures consistency and improves transparency by sharing
updates publicly rather than responding to individual emails.
I see from your signature line that you're a family therapist, and your perspective will be valuable in the upcoming discussions around the
Good Neighbor Policy and Code of Conduct, which are focused on ensuring safety, accountability, and mutual respect. So thank you again
for your advocacy and commitment to our community.
Kate Colin (she/her/hers)
Mayor, City of San Rafael
https :/loullook.office365 .com/mail /i d/AAkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABIWQaMgAA 2/8
11/10/25 , 4 :41 PM 350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook
SAN RAFAEL
THE CITY WITH A MISSION
established 1874
From: Maryellen Mullin Fong
Sent: Saturday, November 1, 2025 9:33 AM
To: Mayor Kat • • ...,,........,.......,........,...., >
Cc : Betty Shea Maribeth Bushey <marjbeth,bushey.@.ci.tyofsan •
judith allen
Subject: Re: Follow up on Tuesday's comm itments
Dear Mayor Kate,
My questions are not being addressed anywhere in your emails, or on your FAQs:
1) When will the Code of Conduct be on the FAQ?
https://outlook.office365.com/mail/id/AAl<ALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABIWQaMgAA 3/8
11/10/25, 4 :41 PM 350 Menydale General and Webinar Questions -Nguyen Pham -Outlook
2) When will the 20 sites be listed, as promised on the zoom meeting by Daniel Cooperman on the FAQ?
3) When will crime stats of the current encampment be released? We are all reading the police reports that do get released, and most
crime takes place near the current encampment on Andersen. We want to know how many registered and unregistered sex offenders
you plan to move into our neighborhood, near our daycares and around our children. The fact that you are not answering, makes us
assume, you are hiding these facts.
You are not working with us, and until you answer our questions, I do NOT believe you take my safety, the safety our our most vulnerable
, our children, and our elderly in this community, seriously.
Respectfully,
Maryellen Mullin Fong
https :/loullook.office365 .com/mail /i d/AAkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABIWQaMgAA 418
11/10/25 , 4 :41 PM 350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook
On Fri, Oct 31, 2025 at 2:36 PM Mayor Kate <Kate.Colin@citY.ofsanrafael.org > wrote:
Hi Maryellen and Betty -Thank you both for continuing to stay engaged and for sharing your thoughts . I know how closely you've been
following this process, and I appreciate the time and care you 've taken to raise questions and share feedback.
Staff are continuing to update the FAQ page as new information becomes available, and your input helps ensure that the community's
concerns are reflected in those updates.
Warm regards,
Kate
Kate Colin (she/her/hers)
Mayor, City of San Rafael
https ://outlook.office365 .com/mail/id/AAkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABIWQaMgAA 5/8
11/10/25 , 4 :41 PM 350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook
SAN RAFAEL
THE CITY WITH A MISSION
established 1874
From : Betty Shea
Sent: Thursday, October 30, 2025 11:39 PM
To: Maryellen Mullin Fong<
Cc: Maribeth Bushey <marjbeth,bushey.@..citvofsanrafael.org,>; Mary Sackett <M.arv.,Sackett@marjncounty~g~>; Mayor Kate
Well said!! I hope they get it!
Betty
https://outlook.office365.com/mail/id/AAl<ALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABIWQaMgAA
; judith allen
6/8
11/10/25, 4 :41 PM 350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook
On Oct 30, 2025, at 9:31 PM, Maryellen Mullin Fong <mullinmft@gmail.com > wrote:
Dear Mayor Colin, Ms . Bushey, Mr. Cooperman, and Ms. Sackett,
During Tuesday's recorded and highly controlled Zoom meeting, each of you assured the community that the list of the 20
proposed sites would be disclosed and made public by today, Thursday. As of now, these sites are still not listed in the
FAQs for 350 Merrydale.
In addition, we requested that the Code of Conduct be shared and defined, as it remains unclear what this refers to-yet it
was repeatedly mentioned throughout the Zoom call. This is public information, and withholding it only deepens
community concerns about transparency.
We also continue to request the crime statistics from the current encampments. Many neighbors and mothers have asked
for this data, yet it was again deferred by the Lieutenant during the meeting.
Frankly, our community is growing weary of elected officials holding closed-door discussions and limiting public access to
essential information. These decisions affect all of us, and we expect open communication, not secrecy.
Until transparency and accountability are restored, you no longer have my vote or trust.
Respectfully,
https://outlook .office365 .com/mail/id/AAkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABIWQaMgAA 7/8
11/10/25 , 4 :41 PM 350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook
Maryellen Mullin Fong
https://outlook.office365 .com/mail/id/AAkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABIWQaMgAA 8/8
11/10/25, 4 :42 PM 350 Menydale Gene ral and Webinar Questions -Nguyen Pham -Outlook
Outloo k
Merrydale
From Ni nette A rana
Date Tu e 10/14/2025 10:03 A M
To End Ho melessness <endho m elessness@c ityof sanrafae l.org>
I hope this emai l finds you we l l. I am a resident of San Rafael Meadows and got a flyer that there is intended hous i ng on Merryda le road .
Wh i le fully understanding the importance of providing safe and stable housing for those in need , I would li ke to express some concerns
and seek clarification . Specifically, i wou ld app reciate more information about:
-The type of housing being planned ( temporary shelter, transitional housing or permanent supportive housing)
-Security measures
-How community members will be informed and involved ongoing discussions and updates (approval process)
-Steps being taken to address potential impacts local safety, traffic and property values
Ou r community values compassion and responsib le plann i ng . I wou ld app reciate the opportun ity to attend and publ ic meetings or
rece ive add it iona l info rmation for these plans .
Si ncerely,
N i nette Arana
https ://oullook .office365 .com/ma il/AAMkAGR INWZmMm RiLWM2 NjltNDVmYi04YTl zLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaC RowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 1/1
11/10/25, 4 :42 PM 350 Menydale General and Webinar Questions -Nguyen Pham -Outlook
Outlook
Urgent -350 Merrydale Rd, Tiny Housing Project
From Giovanna Dudley
Date Tue 10/14/2025 1:28 PM
To End Homelessness <endhomelessness@cityofsanrafael.org>
Cc city.manager@citysanrafael.org <city.manager@citysanrafael.org>; Micah Hinkle <micah.Hinkle@cityofsanrafael.org>; Distrib-City Clerk
<city.clerk@cityofsanrafael.org>; Mayor Kate <kate.colin@cityofsanrafael.org>
Dear Mr. Cooperman ,
I am a homeowner and resident of the Rafael Meadows neighborhood, writing regarding the proposed tiny home site at 350 Merrydale Road. While I
understand and respect the city's efforts to provide housing and services for unhoused residents, my wife and I have serious concerns about this proposal
and how it will impact our community. Not one resident of Rafael Meadows is happy about this proposed program and many residents take it as a slap in
the face. This is a clean , safe neighborhood of retirees and families with young children, it is not a place to insert a homeless encampment that needs 24/7
security. The fact that it needs 24/7 security is an immediate red flag. This facility needs security from the occupants you are moving in, not from the
existing residents in the neighborhood. However, once they leave that facility they are stepping straight into our neighborhood , which doesn 't have 24/7
security. I work a job where my hours are 6PM-4AM and safety is a priority during that time for my wife and two small children (ages 1 and 3).
Injecting a homeless housing site into our neighborhood does not give me any confidence the city is looking out for the safety of my family or my
neighborhood. If anything I take it as a sign of disrespect and disregard for our community. My wife and I bought a house in this neighborhood for over $1
million dollars, to have a sense of community, safety, and peace. We would have never bought in this neighborhood , nor would any of our neighbors if we
knew what is now being proposed. There are multiple glaring issues with this proposal which I will continue to address in this email :
1. Lack of Community Engagement
• Many residents first learned of this proposal through flyers or word of mouth . As tax-paying citizens who have invested in this community, we believe
it is essential that neighbors have an opportunity to participate in discussions about projects that directly affect our safety, property values, and
quality of life.
2. Neighborhood Context and Suitability
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• Rafael Meadows is a qu iet, family-oriented neighborhood with retirees, young families, childcare and eldercare facilities nearby. Residents value the
safety, stability, and character of this area. Placing a large transitional housing facility here would significantly alter the nature of our neighborhood
and introduce challenges that do not currently exist.
3. Location Concerns
• If the goal is to help unhoused individuals rega in stability, location is critical. This site is isolated from key services that support long-term success,
such as public transportation , employment opportun ities, addiction rehabilitation, and most importantly behavioral and mental health resources. Sites
closer to downtown San Rafael, where these services already exist, would likely provide better outcomes for participants.
4. Public Safety and Property Impact
• The flyer references 24/7 security and management, which raises concerns about potential safety issues that may arise. Our community currently
experiences low crime and high safety, and residents are concerned that th is facility could change that dynamic. Additionally, this project may have
unintended effects on local property values, discouraging long-term homeowners and families from staying in the area. My family would never have
bought a 1.2 million dollar home blocks from a tiny home site.
5. Shared Goals, Different Approach
• We recognize and support the city's comm itment to addressing homelessness and promoting compassionate solutions. However, we strongly believe
this proposal requires broader community input and consideration of alternative locations that take into consideration the needs of both unhoused
residents and existing neighborhoods.
Furthermore , from my personal and professional experience working in these types of housing sites, I know residents often have substance abuse and
mental health problems , which affect their ability to hold a permanent residence , a permanen t job, to follow the law, and to be productive members of
society. These residents are often moved to these housing sites from off the street. As you stated in the flyer these people are coming straight from
encampments which were previously located in parks, creeks, and sidewalks. I do not see how moving the homeless problem from various locations
throughout the city of San Rafael to our small isolated neighborhood makes any sense for anyone involved (residents, or homeless population) ..
I also know residents of these types of housing s ites often steal from each other, assault each other, and go outside into the immediate commun ity to
commit crimes and loiter. I strongly believe there w ill be no exception for this housing site and the residents w ill be outside loitering at the liquor stores, on
the main streets, as well as littering the walkway around the Smart Train tracks and surrounding neighborhoods. Not only that, but th ere is literally nowhere
for these residents to go except through our neighborhood. There is only one way in and one way out of this locatio n. This is not a location suitable for this
type of housing , and I th i nk it is pretty clear to see. This housing is against everything this small neighborhood stands for and you are sending a strong
message that the city is prioritizing the homeless issue over the tax paying residents and the safety of the neighborhood .
I also went on the Megan 's Law website and observed there are O registered sex offenders in our neighborhood , nor anywhere close. In my experience I
know that homeless sex offenders can and often reside in encampments and homeless shelters. What are the requ isites to obtain residency in this
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program? Are there any? You see how these issues are a huge concern to multiple families in the neighborhood with small children and how they should
and never were addressed.
Request
We respectfully ask that the city:
• Pause this proposal until residents of Rafael Meadows have been fully consulted.
• Host a public meeting to allow community members to ask questions and share feedback.
• Consider alternative sites that are closer to necessary services and more appropriate for this type of project.
Thank you for your time and immediate attention to this matter. Our community takes pride in maintaining a safe, clean, and welcoming neighborhood, and
we hope to collaborate with the city to find a solution that benefits all residents of San Rafael, not makes them regretful, worried, and upset.
Sincerely,
Daniel and Giovanna Dudley
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Outlook
Notice -public comment?
From
Date Tue 10/14/2025 2:45 PM
To End Homelessness <endhomelessness@cityofsanrafael.org >
Hi Danie l,
We received this notice. I'm very concerned th is project has not been opened for public comment. Will there be a forum to discuss?
Does the city own this land or planning to own?
Will the development at Mahon Creek Path remain? Or will this site replace it?
Also, sounds like these plan to be tents of some sort?
One initial observation-the location is next to a path where young students walk/bike to school under the freeway to avoid crossing the train tracks. I need t o understand the safety measures the city has thought
through with the plan in mind.
All in all I'm disappointed this notice feels like the public is being told what's happening versus open for discussion/commentary. Please let me know if/when the public will be able to weigh in .
Thank you
Carter -
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WE MISSED YOU!
We stopped by to share
some news about a new
project in our
neighborhood.
What this means for our
neighborhood:
• Fewer unmanaged
encampments in parks, creeks,
The City of San Rafael and Marin
County are creating a managed tiny
home site at 350 Merrydale Road.
This site is designed to help people
already living unsheltered in San
Rafael find safety, stability, and a
pathway to permanent housing.
It will be a temporary program with
a fixed number of units l65),
focused only on San Rafael
and sidewalks
• A safer, more stable
residents who are currently
https ://outlook.office365 .com/ma ·I1AAM • '1..17. unsheltered. By 2029, the propert
1 kAGRINWZmM RL.: • m I WM2NJltNDVmYi04YTlzLTY4MjUyMjE4MzE1M Au ••~-~...-...~~~ A • g AAAAAABoASa2NQaCRowHBXZuzEYXA QDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA ... 2/3
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enva o
and security
• Cleaner streets and public
spaces
• Support for long-term .
affordable housing that wall be
built on this site in the future
erns?
nrafael.org
WI .:: .--up---•
permanent affordable housing.
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Outlook
Merrydale Project
From Jessica Harris >
Date Wed 10/15/2025 2:01 PM
To End Homelessness <endhomelessness@cityofsanrafael.org>
My neighbors and I are disappointed about the lack of transparency regarding the proposed project on Merrydale road. The flyer lacked any
concrete information to put current residents at ease.
Will there be 24/7 security?
Will the residents be allowed to have substances?
Will the surrounding areas be patrolled to keep new encampments from popping up behind our fences?
Will there have onsite facilities?
If the project is temporary-why not use those funds to begin a permanent location that's more sustainable and suitably located?
As of now-the neighborhood isn't on board or confident.
We look forward to having some clarity.
Thank you!
Jess H.
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11/10/25, 4 :58 PM
O utloo k
FW: 350 Merr ydale Interi m Shelter Project
From Brenna Nurmi <Brenna.Nurmi@cityofsanrafael.org>
Date Mon 10/20/2025 3:36 PM
To Rob Epstein <Rob.Epstein@cityofsanrafael.org>
350 Menydale General and Webinar Questions -Nguyen Pham -Outlook
Cc Cristine Alilovich <Cristine.Alilovich@cityofsanrafael.org>; John Stefanski <John.Stefanski@cityofsanrafael.org>; Angela Robinson Pinon
<Angela.RobinsonPinon@cityofsanrafael.org >; Andrea Visveshwara <Andrea.Visveshwara@cityofsanrafael.org >; Lindsay Lara
< Lindsay.Lara@cityofsanrafael.org >; End Homelessness <endhomelessness@cityofsanrafael.org >
Good Afte rn oon Ma yor & Counc ilme mb ers ,
Please see co rres pon dence be low relati ng to 350 Merrydale.
Tha nk you ,
Brenna
From: Kim Wik
Sent: Monday, October 20, 2025 3 :15 PM
To : Distrib-City Clerk <city.clerk@cityofsanrafael.org>
Subject: 350 Merrydale Interim Shelter Project
Good evening , Counci l. My name is Kim Wik , and I live a
I am here to ask for a brief pause and a face-to-face roundtable with the directly impacted neighborhoods before any
votes.
I am here to state how this proposed project 350 Merrydale Interim Shelter Project will impact me and my fellow
neighbors. My home is situated directly behind 350 Merrydale . I recently did a remodel on my home on the intent to
stay long-term. The deck that I bu ilt stares directly eye to eye with 350 Merrydale . The city of San Rafael one day
decided to cu t down some trees directly behind my fence which has opened up the view into my home. In the last 8
years I have had to call the authorities numerous times for people playing loud mus ic , dumping trash , consuming
alcoho l or doing drugs , along wi th ranting and screaming. My privacy and safety are already greatl y affected and w ith
this new project I am concerned of what might happen in the future for myself and my neighbors.
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If the proposed site is approved would it be possible that the entrance be on the frontage road. This would mitigate
some of my concerns. I am interested in learning more about the proposed site details and how it will be managed.
I appreciate your time on hearing my concerns for myself and neighbors of the Rafael Meadows.
Kim Wik
Kim E Wik
"Joy is the simplest form of gratitude." -Karl Barth
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Outlook
Request for in -person roundtable with impacted neighborhoods before November votes
From Christina Schiffner Santschi
Date Mon 10/20/2025 1:11 PM
To Mayor Kate <kate.colin@cityofsanrafael.org>; Maribeth Bushey <maribeth.bushey@cityofsanrafael.org>; End Homelessness
< End homelessness@cityofsanrafael.org >; mary.sackett@mari ncou nty.gov < mary.sackett@mari ncou nty.gov>
Dear elected officials,
My name is Christina Schiffner Santschi, and I live on
impacted by the tiny homes project proposed on Merrydale.
in the San Rafael Meadows. My neighborhood will be directly
I am writing to request a brief pause and a face-to-face roundtable with the directly impacted neighborhoods before any votes.
Much of this work appears to have happened in closed sessions. The spirit of the Brown Act is public trust. Please bring any
actions out of closed session into open session and publish a clear timeline including whether a purchase agreement or
escrow exists.
Regarding operations, before occupancy, we need a public plan for sanitation, daytime services, security, overflow , and
ADA/transit access. This includes information on capacity, eligibility, and whether these units are temporary or permanent.
Our neighborhood is already impacted by unhoused individuals walking through to the train path; there is increased litter,
harassment of neighbors walking the neighborhood , and human waste and drug paraphernalia on Merrydale. This proposal will
bring increased traffic to our area, and we have heard no details about safety, security, and cleanliness of the impacted
neighborhoods.
I am also requesting equitable communication. Please provide bilingual (Spanish/English) notices and direct outreach to the
Merrydale apartments and condos, and include adjacent neighborhoods.
We ask you to evaluate alternatives already suggested and, if this site proceeds , commit to mitigations (lighting, cleanup
cadence, a community hotline, and scheduled check-ins).
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I work for a nonprofit that assists unhoused individuals, and I am in support of humane solutions to homelessness. However, we
need a transparent process that includes the people living in neighborhoods most affected by the proposed housing project.
Thank you.
Sincerely,
Christina Schiffner Santschi
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Outloo k
Tiny Homes
From
Date Mon 10/20/2025 1:17 PM
To Mayor Kate <kate.co lin@cityofsanrafae l.org>; Maribeth Bus hey <maribeth.bu shey@cityofsanrafael.org>; End Homeless ness
< End ho melessness@cityof sanrafael.org >
Hi folks :
I attended Rafael Meadows , (HOA) meeting yesterday at Gaspari's Pizza .
I attended with a predisposition to support the Tiny Homes project.
Homelessness is a difficult problem to deal with/eradicate. Any proj ect that provides shelter for the homeless is
worth scrutiny in my opinion.
I think San Rafael and the County are m issing an opportunity in not actively recruiting the support of the local
commun ity. Doing so could prove both an asset to "Tiny Homes" and serve as a template for future projects.
BUT, local government has chosen to spring this project on the local community and seems to want to rush through
the approva l process. While the Oct. 16th art icle in the IJ (Adrian Rodriguez) was upbeat, it seemed short on details
that neighbors m ight wish to know about. Most of us had not even heard about this project until this article was
published.
I respectfully suggest that loca l government meet with a committee from the Meadows (be ing created) for a
discussion of their concerns and questions , as well as a deta il ed description of the project and what can be
expected in terms of impacts. This might mean a sl ight delay in the government's approval schedule , but resu lt
in the community coming out to in strong support . If that were to happen (this was not a NIMBY meeting), it
would serve as a template for future projects as we ll as garner some positive PR.
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Bernie Samet
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Outlook
Re: Say No to the Merrydale Project
From Mayor Kate <Kate.Colin@cityofsanrafael.org>
Date Mon 10/20/2025 1 :27 PM
To David Buccheri
Cc End Homelessness < endhomelessness@cityofsanrafael.org >
Hi Mr. Buccheri -Thank you for reaching out and sharing your input regarding the proposed interim housing project on Merrydale Road.
I've included the appropriate City staff on this response so your comments can be added to the public record and you have a good staff
contact for any additional questions.
You can find detailed information about the project on the City's FAQ page, which includes answers to questions about who would qualify to
live in the village and how the program will operate: htt12s://www.cityofsanrafael.org/merrydale-interim-housing:Qroject/
Regards,
Kate Colin
Kate Colin (she/her/hers)
Mayor, City of San Rafael
s 4ffh SAN RAFAEL
4,50 THE CITY WITH A MISSION
.Li 1' ~ established 1874 ~=
From: David Buccheri
Sent: Monday, October 20, 2025 12 :09 PM
To: Mayor Kate <Kate.Colin@cityofsanrafael.org>
Subject: Say No to the Merrydale Project
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Mayor Kate,
I am opposed to the Tiny Homes Merrydale Project being planned. It's the wrong place to move these folks to and how many of these homeless
people are going to be displaced during such a project? A better solution is needed.
David Buccheri
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Outloo k
Request for In -Person Community Meeting on Oct. 28th
From Maryell en Mull in Fong
Date Mon 10/20/2025 2:14 PM
To Mayor Kate <kate.co lin@cityofsanrafae l.org>; End Ho m elessness <E ndhom elessness@cityof sanrafael.org>; Mari beth Bushey
< m aribeth.bushey@cityofsanrafae l.org >; M ica h Hi n kl e < M icah.Hinkle@cityofsanrafae l.org >
Dear Elected City Representatives:
We appreciated that Mary Sackett attended our San Rafael Meadow s community gathering at Gaspa r e's yeste r day afternoon.
As a community member of San Rafael Meadows neighborhood , homeowner, taxpayer and voter, will result in an IN PERSON Community
Meeting on October 28th from 6-7:30pm.
As a homeow ner, a mother, and having had years of my professional career in social services , supporting at-ri sk families , I know the
only w ay to build consensus and find community solutions are to LISTEN and provide LISTENING opportunities to ALL INVOLVED.
Many of the residents on Merrydale, and a few in San Rafael Meadow s, our neighbors , are Spanish speaking , so interpr etation services
for the meeting w ould be appropriate, and also , go i ng forward , translation services in Spanish , for any printed /wr i tten informati on on
the City's behalf.
Thank you for considering our concerns .
Kindly,
Maryellen
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Maryellen Mullin Fong
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Outlook
FW: Tomorrow City Hall Meeting: 350 Merrydale
From Brenna Nurmi <Brenna.Nurmi@cityofsanrafael.org>
Date Mon 10/20/2025 4:09 PM
To Rob Epstein <Rob.Epstein@cityofsanrafael.org>
Cc Cristine Alilovich <Cristine.Alilovich@cityofsanrafael.org>; John Stefanski <John.Stefanski@cityofsanrafael.org>; Angela Robinson Pinon
<Angela.RobinsonPinon@cityofsanrafael.org >; Andrea Visveshwara <Andrea.Visveshwara@cityofsanrafael.org >; Lindsay Lara
< Lindsay.Lara@cityofsanrafael.org >; End Homelessness <endhomelessness@cityofsanrafael.org >
Good Afternoon Mayor & Councilmembers,
Please see correspondence below relating to 350 Merrydale.
Thank you ,
Brenna
-----Oriqinal Messaqe -----
From :
Sent: Sunday, October 19, 2025 10:30 PM
To: Distrib -City Clerk <c ity.clerk@cityofsanrafael.org >
Subject: Tomorrow City Hall Meeting: 350 Merrydale
Hello our community would like the address the council regarding the 350 Merrydale proposal.
There has been zero community involvement and this has not followed a normal process. We need to understand how we got here today and
lack of transparency & secrecy throughout. This needs to be discussed in person, not over zoom .
Thank you ,
Carter
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Carter Phelps
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Outloo k
FW: This meeting is not about the Community
From Betty Shea
Date Tu e 10/28/2025 7:53 PM
To End Ho melessness <en dh o m elessness@c ityof sanrafae l.org>
Cc kate.collin@c ityofsanrafae l.org <kate.collin@cityofsanrafael.org>
Hi Danie l,
Apologies for the number of emails -this seems to be the only channel the City has provided for commun ication (so much for
bui lding trust and open commun ication ).
You have to understand the level of frustration we 're a ll feeling about the City's decision , which seems to have been made based
on "best value " and "f lat land ." It 's extremely disappoi nting -and frank ly, disrespectful -that Mayor Kate Collin didn 't take the
time to attend the webina r. He r absence sent a clear message about where we rank i n terms of pr iorities .
What's even more t roubling is tha t there appear to be far more security and safety measures in place for the encampment than for
our own neighborhood. Despite those risks , the City of San Rafael has still chosen to bring this threat directly into our community.
We have NEVER needed regular police patrol through our neighborhood in the 30 years that I have lived here with my fam i ly
My question was not addressed tonight:
1. How would you personally feel if a homeless encampment were relocated just 0.2 miles from your home?
Do you believe that wou ld be a fa ir or appropriate decision for your neighborhood?
Please make sure that Mayor Kate scrolls down and considers my question above .
Thank you!
Betty Shea
From: Betty She a
Sent: Tue sday, Octobe r 28, 20 25 7 :20 PM
To: End Homeless ne ss <endhome les sne ss@ci tyof sa nrafa e l.org>
Subject: FW : Th is m eeting is not a bout the Com m u n ity
Importance: High
Daniel ,
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Come on Daniel, the city is giving the pets more consideration than our children in the neighborhood!! So this is not a sober living
situation and it's very possible that we may have a drunk, high or mentally ill person walking freely through our neighborhood.
You don't have any demands on these people, but you expect us to just accept this change in our SAFE living situation!!
THIS IS CRAZY and NEEDS TO BE REAVALUATED!
Betty Shea
From: Betty Shea
Sent: Tuesday, October 28, 2025 7:10 PM
To : End Homelessness <endhomelessness@_myofsanrafaeLorg>
Subject: FW: This meeting is not about the Community
Importance: High
Daniel,
Sorry, this just confirms that we will have homeless walking around our family-oriented neighborhood where children play and
elderly walk, how can you do this to our community?
We will be walking over homeless to support our neighborhood market!
SO UNFAIR!!
Betty Shea
From: Betty Shea
Sent: Tuesday, October 28, 2025 6:35 PM
To: End Homelessness <endhomelessness@citv.ofsanrafael.org>
Subject: FW: This meeting is not about the Community
Importance: High
Daniel,
We have never before needed this level of security in our neighborhood, yet the City's current plan is putting our community in a
potentially unsafe situation . What will happen to the unhoused residents who decide to not stay in the designated homeless camp zone? It
seems inevitable that they will end up in our surrounding streets . What security measures will be provided to protect our neighborhood?
This meeting has been extremely frustrating. While we fully support efforts to help homeless individuals rebuild their lives, it is not fair to
place this burden disproportionately on our small community. We respectfully request a list of the other 20 sites that were considered
before our neighborhood was selected.
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We ask that you please reconsider this decis ion. We deeply value every human life and support compassion-driven solutions to
homelessness, but we also deserve to mainta in the safety and quality of life we have worked hard to bui ld. Our residents al ready contribute
significantly through taxes toward addressing homelessness-please don't place additional strain on our community.
Betty
Betty Shea
From: Betty Shea
Sent: Tuesday, October 28, 2025 6:18 PM
To: End Homelessness <endhomelessness@citv.ofsanrafael.org>
Subject: This meeting is not about the Community
Danie l ,
Can you please just answer our questions instead of painting this ridiculous picture!!
We are super offended by this entire meeting!!
Betty
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Outlook
Questions about 350 Merrydale and SMART Pathway
From Rachel Zwillinger
Date Wed 10/29/2025 9:41 AM
To End Homelessness <endhomelessness@cityofsanrafael.org>
Cc Rachel Kertz < rachel.kertz@cityofsanrafael.org >
I attended last night's webinar on the 350 Merrydale Project and really appreciate the informative presentation and candid answers to
questions. The focus on answering community questions and responding to feedback is refreshing.
I was unable to stay until the end of the meeting, and apologize if these questions were answered, but I would really like to have additional
clarity about expectations for the SMART Pathway. I jogged past the site this morning, and there is currently a trail that leads directly from
350 Merrydale to the Civic Center Station and SMART Pathway.
I would be grateful for answers to the following questions:
(1) What are the rules in City Code or elsewhere regarding camping along the SMART Pathway?
(2) What are the rules regarding loitering along the SMART Pathway in City Code, the Good Neighbor Policy, or elsewhere?
(3) Who is responsible for patrolling the Pathway--particularly the section between Los Ranchitos and Civic Center Station that is not visible
from the road? It's not clear to me if this will be a SMART, City code enforcement, or police function.
(4) Is there a plan for patrol frequency? My understanding is that patrols are currently very limited because SMART only has a few code
enforcement staff for the entire system.
Many thanks for helping me and other community members understand what to expect as this project develops.
Rachel
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Outlook
Re: Deep Concern Over Merrydale Tiny Home Project and Lack of Transparency
From Mayor Kate <Kate.Colin@cityofsanrafael.org>
Date Wed 10/29/2025 11 :13 AM
To >; Nguyen Pham <nguyen.pham@cityofsanrafael.org>
Cc End Homelessness < endhomelessness@cityofsanrafael.org >
Hi Mr. Markman -Thank you for following up and for sharing your concerns. I understand how strongly you and other neighbors feel about
this project, and I want to assure you that community input does matter which is why we're holding both the virtual and in-person
opportunities to connect. In addition, community emails are part of the public record and shared with the Council and city staff so this email
thread is part of that important input.
The webinar last night was the first opportunity for everyone to hear directly from City and County staff about how the site will be managed,
secured, and supported. The next opportunity will be the in-person Open House on Wednesday, November 6, from 5:00-7:00 p.m. at the
Osher Marin JCC (200 N. San Pedro Road). Residents will be able to meet directly with staff and service providers, ask questions, and share
feedback in person.
You can find more information and sign up for updates on the City's project page here: www.cityofsanrafael.org/350merryda1e.
I just checked and the link to the webinar isn't posted yet but it will be. If you've signed up for updates on the project, you'll know when it's
been posted.
I also want to acknowledge your comment about receiving a "pre-canned response." We know this topic is deeply personal and emotional for
many neighbors, and while we strive to respond consistently so everyone has access to the same information, our goal is never to sound
impersonal. We truly value hearing directly from residents and want to keep the dialogue open as this project moves forward.
We also recognize that Terra Linda residents are feeling the impact of many new projects, and we're committed to listening and addressing
those concerns as this one moves forward.
The City of San Rafael will ultimately own the site and is responsible for overseeing the project and the City will continue to work closely with
the County of Marin, which will serve as the lead agency for providing all case management and wraparound services. I hope you'll be able to
attend the November 6th event as it's designed specifically for the kind of discussion and two-way conversation you're asking for.
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11/10/25 , 5 :06 PM
Best,
Kate
Kate Colin (she/her/hers)
Mayor, City of San Rafael
C Jffh SAN RAFAEL
-f//!!f§lfl THE CITY WITH A MISSION
~C.,1,1 established 1874
From:
Sent: Monday, October 27, 202510:42 PM
350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook
To: Mayor Kate <kate .colin@cityofsanrafael.org>; Nguyen Pham <nguyen .pham@cityofsanrafael.org>
Subject: Re: Deep Concern Over Merrydale Tiny Home Project and Lack of Transparency
Hello Mayor Colin and Nguyen
So this is moving forward regardless of community members thoughts?
We have no say on it being built. Am I correct?
And you have no thoughts regarding my points in my email? Just a pre canned response.
Regards, Matt
On Oct 27, 2025, at 10:08 PM, Nguyen Pham < Nguyen.Pham@cityofsanrafael.org> wrote:
Hello Matthew:
My name is Nguyen , and I joined the City's Community Services Division this summer. Nice toe-meet you . I wanted to provide
some information that you may be interested in regarding the 350 Merrydale Road Interim Shelter Project.
The City and County will host a virtual Community Meeting on October 28 (Tomorrow) at 6:00 p.m. via Zoom. Please join us to
learn about how the site will be safely managed, staffed, and secured; how this effort builds on the success of the downtown
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Sanctioned Camping Area; and how both agencies will maintain neighborhood safety, security, and cleanliness. You can register
for the webinar HERE
We will also host an in-person Open House on November 6 for residents to meet with staff and service providers and learn more
about the 350 Merrydale Rd. Interim Shelter Project. The location (of the Nov 6 event) will be shared soon via our City
newsletters, social media channels, and at the October 28 webinar.
Sign up to receive email updates about the City's homelessness initiatives, including the 350 Merrydale Road interim shelter
project. You will receive an email notification whenever the City posts an update to the website. Subscribe here . Our latest
newsletter edition can be found here .
Thank you again for reaching out and sharing your perspective. We truly value community input and look forward to continued
dialogue as this project moves forward.
Nguyen Pham (he/him), MPA
Analyst I City of San Rafael
Community Services Division
From:
Sent: Monday, October 27, 2025 9:52 PM
To: Maribeth Bushey <maribeth.bushey@cityofsanrafael.org>; Mayor Kate <kate.colin@cityofsanrafael.org>; End Homelessness
<Endhomelessness@cityofsanrafael.org>
Subject: Deep Concern Over Merrydale Tiny Home Project and Lack of Transparency
Dear Mayor Colin and San Rafael City Council,
I am a Terra Linda resident, a father of two young children, and someone who voted for this council
trusting you would represent all of San Rafael fairly and transparently. I'm writing to express serious
concern over the proposed tiny home project at 350 Merrydale Road and the broader concentration of
housing development in our neighborhood.
While homelessness is a devastating crisis and deserves compassionate solutions, moving downtown's
challenges into the Terra Linda area without meaningful public input is not thoughtful planning. It feels
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like an effort to shift downtown's challenges into our residential neighborhood
The lack of transparency until now has eroded my trust in our local government.
North San Rafael is already facing a heavy concentration of new housing being built: the Northgate
Town Square redevelopment will add 1,422 units, including 142 affordable units, and the proposed 555
Northgate Drive project would add 200 apartments, 80% for low-income households. The Terra Linda
area has already done its share for affordable housing -it's time for other parts of Marin to take
responsibility rather than concentrating every new initiative here.
We hope this can be resolved collaboratively. If this were Sausalito, the community might have already
retained legal counsel. We raise our concerns in good faith and hope that step won't be necessary. I
respectfully urge you to pause the Merrydale plan and engage in a transparent, community-driven
dialogue before proceeding.
Respectfully,
Matthew Markman
Terra Linda Resident
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Outlook
Re: 350 Merrydale Interim Shelter Project
From Mayor Kate <Kate.Colin@cityofsanrafael.org>
Date Wed 10/29/2025 11 :18 AM
To Tom Van Pelt
Cc End Homelessness < endhomelessness@cityofsanrafael.org >
HI Mr. Van Pelt -Thank you for your email and my apologies for the delayed response. I wanted to make sure you had the most up-to-date
information about opportunities to learn more and engage with the project.
The virtual webinar was held on October 28 so that as many people as possible could attend and have access to the same information. A
recording of that meeting will be posted soon on the City's project page here and you can also sign up to receive updates:
www.citY,ofsanrafael.or@:(3SOmerrydale .
We also heard clearly from neighbors who wanted an in-person opportunity for discussion, so the City is hosting an Open House on
Wednesday, November 6, from 5:00-7:00 p.m. at the Osher Marin JCC (200 N. San Pedro Road). Residents will be able to meet directly with
staff and service providers to ask questions and share feedback.
All community emails on this topic are part of the public record and are shared with the City Council and staff, so I appreciate you taking the
time to provide your input. I understand that this topic has raised frustration and concern among many neighbors, and I want to assure you
that transparency and communication are very important to us.
Thank you again for reaching out.
Best,
Kate
Kate Colin (she/her/hers)
Mayor, City of San Rafael
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ii~ 4f~ SAN RAFAEL
-if/J!!f§lfl THE CITY WITH A MISSION
.Lii,U/ established 1874 ~-
From: Tom Van Pelt
Sent: Thursday, October 23, 2025 2:59 PM
Subject: 350 Merrydale Interim Shelter Project
Dear Mayor Colin, Councilmembers, and City Staff,
350 Menydale General and Webinar Questions -Nguyen Pham -Outlook
As a resident/property owner of neighborhood of San Rafael I respectfully but firmly request the October
28th meeting regarding the 350 Merrydale Interim Shelter Project to be held in person.
A Zoom presentation without in-person community involvement is not acceptable . Our community has been failed by our elected officials. We
are a community of hardworking, taxpaying citizens who voted many of you into your positions because we believed you to be the best voice
for our interests .
Your civic duty is not being upheld with closed door dealings and secretive planning. To reiterate, the October 28th Zoom regarding the
"Merrydale Interim Shelter Project" must be offered in person and via web, with a translator for our Spanish speaking residents to include all
citizens and truly bring this discussion to the table for the first time.
Respectfully,
Tom Van Pelt
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Outlook
FW: Proposed tiny home dump on our neighborhood
From City Manager's Office <City.Manager@cityofsanrafael.org >
Date Wed 10/29/2025 11 :31 AM
To End Homelessness <endhomelessness@cityofsanrafael.org>
Lauren Schwartz I City of San Rafael
Executive Assistant
City Managers Office
Office 415.485.3056
Lauren.Schwartz@cityofsanrafael .org
-----Original Messaqe -----
From: Jeanne Mann
Sent: Wednesday, October 29, 2025 11 :21 AM
To: City Manager's Office <city.manager@cityofsanrafael.org >
Subject: Proposed tiny home dump on our neighborhood
I'm writing in disgust at the flagrant abuse of the good faith of people who live in this well established residential neighborhood.
First, we are dumped on with multi -story, high density housing at the Northgate Mall site, a project that will upend the peace and quiet of our
neighborhood for years during the construction, and add to congestion, traffic and parking issues ongoing.
That project morphed into a behemoth of relative high rises in a neighborhood of mostly single family homes or two-storey residential
homes, thus changing the character of the entire area and adding to our population exponentially.
Now, adding insult to injury, you propose dumping tiny homes for homeless people in our area , too. Of course, this is just a prelude, you say,
to permanent housing to be built -whenever.
Enough! We have suffered along with the homeless problem for years . We still see filthy campsites around our neighborhood. We still see
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wandering people under the influence of drugs or alcohol while our young people are going to and from school.
There are other areas in San Rafael where the homeless population can be better served and housed. For example, on Anderson by Sprouts.
Downtown San Rafael has services available and stores for food and other necessary items.
The only neighborhood that keeps getting dumped on for all the ugly, invasive and huge changes in the character and desirability of the
neighborhood is ours. I think we have shouldered our fair share of the housing burden several times over already.
I hope you get massive pushback from the community about this additional effort to turn our neighborhood into the low income/homeless
dumping ground of San Rafael. I hear from my neighbors already that they are angry and disgusted by this abuse of our good nature.
I doubt you will listen to us; listening doesn't seem to be a strong suit when it comes to such issues. You are making San Rafael a place to be
from, not a place to go to, and after 35 years of living here and seeing the changes, I know what I'm talking about.
In disgust, Jeanne Mann
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Outlook
Re: Proposed Homeless shelter project 350 Merrydale Road
From Mayor Kate <Kate.Colin@cityofsanrafael.org>
Date Wed 10/29/2025 12:39 PM
To >; End Homelessness <endhomelessness@cityofsanrafael.org>; Maribeth Bushey
Cc Carl Tregner >; Jennifer Wright
Hi Lisa -Thank you for taking the time to write and share your thoughtful letter. I can tell from your message that you care deeply about our
community and also about doing what's right for people experiencing homelessness. I truly appreciate that balance of compassion and
concern as it's exactly the kind of dialogue that helps shape our collective approach.
I also want to assure you that I am committed to ensuring this project will have no negative effect on the surrounding neighborhood. The
interim shelter at 350 Merrydale Road is designed to be a safe, well-managed, and fully supported site that will help reduce unsheltered
homelessness while maintaining the stability and character of nearby residential areas. If you haven't already, I encourage you to read
through the info on the city's webpage that includes FAQs. You can also sign up to receive updates: httRs://www.citv.ofsanrafael.org/interim-
shelter-site-at-350-merr:v.dale-road/
Last night the city held a virtual community meeting which will be posted soon if you wanted to watch it. In addition, the City will be hosting
an in-person Open House on Wednesday, November 6, from 5:00-7:00 p.m. at the Osher Marin JCC (200 N. San Pedro Road). This event will
allow residents to meet directly with City and County staff, service providers, and safety partners to ask questions and learn more about how
the site will operate.
All community emails on this topic are part of the public record and shared with the City Council and staff, so thank you again for adding your
voice to the conversation.
Warmly,
Kate
P.s. I removed Supervisor Sackett's email from the thread as she is at the County and not the city. In case you want to include her on future
emails, she can be reached at mary.sackett@marincounty.gov
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11/10/25 , 5:08 PM
Kate Colin (she/her/hers)
Mayor, City of San Rafael
s 4{~ SAN RAFAEL
-ff/!§,0 THE CITY WITH A MISSION
.i_t,1 established 1874
From: lisa tregner >
Sent: Tuesday, October 28, 2025 2:45 PM
350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook
To: Mayor Kate <kate.colin@cityofsanrafael.org>; mary.sackett@cityofsanrafael.org <mary.sackett@cityofsanrafael.org>; End Homelessness
<endhomelessness@cityofsanrafael.org>; Maribeth Bushey <maribeth.bushey@cityofsanrafael.org>
Cc: Carl Tregner >; Jennifer Wright
Subject: Proposed Homeless shelter project 350 Merrydale Road
October 28,2025
San Rafael City Council
1400 Fifth Avenue
San Rafael, CA 94901
Dear Mayor and Members of the City Council,
My name is Lisa, and I have been a resident of San Rafael for over forty years and have seen our city grow and change in many
ways, which has not always been positive or helpful to Marin County residents. I'm writing to express my concern about the
proposal to place a homeless shelter in or near our neighborhood.
Please know that my concern does not come from a lack of compassion. I fully support efforts to provide housing and resources
for those in need. However, I believe this particular location is not suitable for such a facility.
Our neighborhood is a quiet, family-oriented community with many seniors and young families. Children often ride their bikes or
walk to school here. and parents feel comfortable letting them do so because of the safety and calm we've enjoyed for years.
Introducing a high-traffic facility like a shelter could change that feeling of safety and make parents more hesitant to let their
children move freely around the neighborhood.
In addition,..Many of us walk daily, and we value the peaceful environment we've built tog~
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There are also concerns about declining property values and the potential loss of the stability that long-time residents
depend on. At our age, peace of mind and security mean everything .
I believe San Rafael should continue to support the homeless community -but in a location better suited to provide access to
transportation, medical care , and social services. A small residential neighborhood is simply not designed for that purpose.
I respectfully urge the City Council to reconsider this proposed location and to work with the community to find a site that serves
everyone's best interests.
Thank you for your time, understanding, and commitment to keeping San Rafael a safe and welcoming city for all.
Sincerely,
Lisa Tregner
Long-time San Rafael Resident
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Outlook
Re: Homelessness
From Mayor Kate <Kate.Colin@cityofsanrafael.org>
Date Wed 10/29/2025 1 :39 PM
To saar harel
Cc End Homelessness < endhomelessness@cityofsanrafael.org >
Hi Saar -Thanks for reaching out and for taking the time to share your thoughts. I understand your frustration and share your desire to see
real, measurable progress in addressing homelessness. It's a complex issue, and we all want approaches that create real change for both
those in need and the broader community.
The 350 Merrydale project is exactly that kind of innovative step forward. It's not a traditional shelter but a supported interim housing village
as it's developed in partnership with the County of Marin and endorsed by the State's Housing and Community Development Department as
a best-practice model for transitioning people from encampments into stable housing. Each cabin provides privacy, safety, and dignity, paired
with on-site services and case management to help residents rebuild their lives.
And while it can feel like we're not making progress, Marin County has made tremendous strides. More than 1,000 chronically homeless
residents -the hardest to house -have been successfully housed, and 95% have remained housed. Those are remarkable results. The County
is also on track to end veteran homelessness this year, a milestone few regions in California have reached. You can see the latest data and
outcomes here: htt12s://hhs.marincounty.:gov/divisions/homelessness-and-coordinated-care/see-current-data
The Merrydale project builds on that success by creating a safe, supported place for people currently living in encampments to stabilize while
permanent housing continues to come online. This model has worked in other California communities, and I'm confident it will here too.
Thank you again for engaging. I truly believe we all want the same thing-a compassionate, effective, and community-centered approach that
helps people move forward and keeps San Rafael safe and welcoming for everyone.
Warmly,
Kate
Kate Colin (she/her/hers)
Mayor, City of San Rafael
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11/10/25 , 5 :25 PM
m Jffh SAN RAFAEL
-,f/!!§ft THE CITY WITH A MISSION
..LOU established 1874
From: saar harel
Sent: Wednesday, October 29, 2025 12:17 PM
To: Mayor Kate <kate .colin@cityofsanrafael.org>
Subject: Homelessness
Hello Mayor,
I hope your week is going well there .
350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook
My neighbors have told me that we are opening up a homeless shelter in Terra Linda.
65 tiny homes at the cost of 8 million just for the land .
We also have the sanctioned homeless camping area with tents in the industrial zone .
Which after a year has only managed to house 8 people .
My wife sat on the call and asked why citizens were blindsided
and she was told it was because we would have issues .
Then she asked why not find a location where costs are not so high
and was told she should have empathy and compassion.
I am really struggling to follow the logic in Marin.
We have a jail, San Quentin which houses 3100 non Marin prisoners on the best real estate in the bay.
We have a tent city in an industrial zone .
We will now have tiny home settlement on 8 million USD land.
Now, don't get me wrong .
If this was delivering results. I'd take it.
But I looked up.
The PIT report says in 2017 we had 1,117 people experiencing homelessness
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The PIT report says in 2024 we have 1,090 persons experiencing homelessness
in Marin County
All this spending.
After we added the Coordinated Entry system in 2017
and all we can show is 27 people less after 7 years.
Might be time for something new.
There is an article in the NYtimes for a new solution in Utah.
I know it is supported by the person who we don't name but it has logic
and is not the same thing that has not seemed to work over the past 7 years.
Well, thank you for reading this and enjoy the week.
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Outlook
Re: 350 Merrydale Interim Shelter Project
From Mayor Kate <Kate.Colin@cityofsanrafael.org>
Date Wed 10/29/2025 1 :45 PM
To Tom Van Pelt
Cc End Homelessness < endhomelessness@cityofsanrafael.org >
Hi Mr. Van Pelt -Thanks for following up and for taking the time to attend the virtual meeting -I appreciate how engaged you and your
neighbors have been.
I wasn't able to join live, but I've since watched the full webinar and am continuing to stay closely involved in this process. I share your
interest in getting clear, detailed answers to the many questions raised, and I've asked staff and the County to ensure those responses are
posted publicly so everyone has access to the same information. I've included the 'endhomelessness' email on this response so your concerns
are part of the public record and you can also email them directly with additional questions.
The upcoming November 6 in-person meeting at the JCC will be another important opportunity for residents to share input and hear updates
directly from County and City staff. I encourage you to keep the questions coming and the more specific and constructive they are, the better
we can make sure they're addressed on behalf of the community.
Thanks again for staying engaged.
Kate Colin (she/her/hers)
Mayor, City of San Rafael
~~4" ~ SAN RAFAEL l~~ THE CITY WITH A MISSION ~(JJ established 18 74
From: Tom Van Pelt
Sent: Wednesday, October 29, 2025 11:30 AM
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11/10/25 , 5 :25 PM
To: Mayor Kate <Kate.Colin@cityofsanrafael.org>
Subject: Re: 350 Merrydale Interim Shelter Project
Mayor Colin,
350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook
Thank you for getting back to me. I was able to attend last night's virtual meeting with 200 of my neighbors.
I am sure that I won't be the first to tell you that the meeting did not alleviate our collective concerns -which are many and varied .
It seems you were unable to join yesterday's meeting.
I would strongly encourage you to engage with us personally on this Project, including at the November 6th meeting next week at the JCC.
I remain very concerned that the City is trying to fast track this Project without meaningful engagement with the San Rafael residents who
will be most impacted.
Sincerely,
Tom Van Pelt
On Wed, Oct 29, 2025 at 11 :18AM Mayor Kate <Kate.Colin@citY.ofsanrafael.org,> wrote:
HI Mr. Van Pelt -Thank you for your email and my apologies for the delayed response . I wanted to make sure you had the most up-to-date
information about opportunities to learn more and engage with the project .
The virtual webinar was held on October 28 so that as many people as possible could attend and have access to the same information. A
recording of that meeting will be posted soon on the City's project page here and you can also sign up to receive updates :
www.citv.ofsanrafael.org/350merrv.dale .
We also heard clearly from neighbors who wanted an in-person opportunity for discussion, so the City is hosting an Open House on
Wednesday, November 6, from 5:00-7 :00 p.m . at the Osher Marin JCC {200 N. San Pedro Road). Residents will be able to meet directly with
staff and service providers to ask questions and share feedback.
All community emails on this topic are part of the public record and are shared with the City Council and staff, so I appreciate you taking
the time to provide your input. I understand that this topic has raised frustration and concern among many neighbors, and I want to assure
you that transparency and communication are very important to us.
Thank you again for reaching out.
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11/10/25, 5:25 PM
Best,
Kate
Kate Col i n (she/her/hers)
Mayor, City of San Rafael
•~'" 4f~ SAN RAFAEL
l 'fl!!f§'lil TH E CITY WITH A MISS ION
a,(J) established 1874 ~~',II
From: Tom Van Pelt
Sent: Thursday, Oct obe r 23, 2025 2:59 PM
Subject: 350 Merrydale In t erim Shel t er Pro j ect
Dear Mayor Colin , Councilmembers , and City Staff,
350 Menydale Gene ral and Webinar Questions -Nguyen Pham -Outlook
As a resident/property ow ner of neighborhood of San Rafae l I respectfully but firmly request the
October 28th meeting regarding the 350 Merrydale Interim She lter Project to be held in person .
A Zoom presentation w ithout in-person commun ity involvement is not acceptab le. Our community has been failed by our elected offic ials.
We are a commun ity of ha rdwork ing , taxpay ing citizens w ho voted many of you into your posit ions because w e believed you to be the best
vo ice for our interests .
Your c ivic duty is not be ing upheld w ith closed doo r dea lings and secretive plann ing . To re iterate , the Octobe r 28th Zoom regarding the
"Merrydale Interim Shelter Proj ect " must be offered in person and via web , with a translato r for our Spanish speaking residents to include all
citizens and truly br ing this d iscuss ion to the table for the fi rst time .
Respectfully,
Tom Van Pelt
I
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Tom Van Pelt
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Outlook
350 Merrydale
From Helen Young
Date Wed 10/29/2025 10:48 PM
To End Homelessness <endhomelessness@cityofsanrafael.org>
Hello,
What were the alternative 20 site locations considered? It was mentioned on the Zoom call that the list would be posted today but it's not
there.
Thanks,
Helen Young
San Rafael resident
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11/10/25, 5:26 PM 350 Menydale General and Webinar Questions -Nguyen Pham -Outlook
Outlook
Concerns Post 10/28 Webinar
From Astrid
Date Thu 10/30/2025 2:44 PM
To End Homelessness <endhomelessness@cityofsanrafael.org>
Good after Daniel ,
Thank you for sharing additional information at Tuesday's webinar.
I was disappointed that the questions felt pre -selected and looked like answers were being read from a script.
Many important questions re: available data for sexual assault, domestic violence, and general assault were not being answered . I work from
home, am home alone a lot, and have two children under 14 -I am concerned . And I know you would be too if you were part of this
community.
What I found most disturbing -the response to the questions around participants that are either kicked out of the program or decide to leave.
A very hands off response stating that they are adults and will move -essentially stating it's a free world. Yes, yes it is. But in our
neighborhood, with aging facilities, assisted senior housing, child care centers -this is not the location for these adults to be roaming around.
I ask that this project be delayed and a new location be found -one away from family -centered neighborhoods.
I look forward to a receipt of this email.
Astrid Zometa
Resident of the Meadows in San Rafael
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11/10/25, 5:27 PM 350 Menydale General and Webinar Questions -Nguyen Pham -Outlook
Outlook
350 MERRYDALE zoom meeting
From Dan Dudley
Date Thu 10/30/2025 2:59 PM
To Mayor Kate <kate.colin@cityofsanrafael.org>; Maribeth Bushey <maribeth.bushey@cityofsanrafael.org>; mary.sackett@marincounty.gov
< mary.sackett@marincounty.gov>; End Homelessness <endhomelessness@cityofsanrafael.org>; Micah Hinkle < micah .hinkle@cityofsanrafael.org >
Hello,
Mayor especially, I know you are probably sick of hearing from people regarding this issue. Unfortunately this issue is making people in the
surrounding Merrydale neighborhood sick as well. This issue is already affecting peoples sleep, family lives, and productivity at work. People
are legitimately worried and concerned about the project, and questions are not being answered by the local government which creates an
uneasy feeling for the community. I have not followed your career trajectory or your current staffs prior projects, but I feel as though this
project is being handled very poorly.
For one, members of your staff at both meetings I have witnessed regarding this issue address the fact that the surrounding community and
their input and feelings are important and will be considered. The community has overwhelmingly been telling your staff to pause, because
numerous questions and concerns are being risen about the project and location of the project.
Some residents were generally curious about the project and wanted to know more information, some residents were against the project for
various reasons, and some residents were optimistic about the project. However, with the way this has been handled the no 's are still a no, the
maybes are now a no, and the optimistic have become an I really don't know. Residents in the surrounding area are gradually finding out
about this project and resentment towards the city counsel is growing, not fading .
The zoom meeting which occurred a couple of nights ago was even more eye opening and appalling. All of the neighbors I have spoken with
regarding 350 Merrydale feel worse about the project every time the city releases more information. The questions people want answers to
are skirted around and commonly steered in another direction. For example there was a very direct question about crime in the area of the
existing encampments compared to crime currently in the Merrydale area ... The question was addressed by a lieutenant of police with the
answer of crime is down in the Mahon area from what it used to be ... what is that? That wasn't the question. How much crime was there?
Because there is obviously still crime there and in the surrounding areas . There are numerous examples like this I could address.
I'm not really sure what the city is missing on this issue in regards to public opinion, but it sinks lower and lower by the day. Did you know
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that people in the surrounding area are still uninformed about the project? I honestly don't think you care about public perception or the
feelings of the community at this point.
Being appointed to mayor you were chosen by the people to serve and help the people. I hope you aren't completely detached from reality
and can see that the same people who elected you and put their trust in you are repeatedly asking you to reconsider this project location.
I know the money is allocated for this project and it needs to be used. No one is trying to stop this project, but the location is not optimal for
a variety of reasons.
-proximity to a neighborhood residents of the proposed site will have to traverse
-proximity to numerous daycare facilities
-proximity to numerous elderly care facilities
-distance to public transportation and downtown resources
-crime being brought to a neighborhood, that has very low crime
-mental instability and criminal history of residents brought to an area with young children and the elderly
If you don't take away anything else away from this email, I just want to say the issue from the majority of people I have spoken with in the
surrounding area is not with homeless people themselves, residents understand they need care and an extra boost to get on their feet.
But to many the safety and security issues that will be brought to the neighborhood are an unnecessary risk for the families, children, and
elderly in the current area.
I know your administration realizes this is an issue because of the frequency of medical and police calls to the current Mahon and Anderson
site.
I could go on for days about this issue, but in the interest of everyone's time, I will go about my day.
Thank you
A concerned San Rafael citizen
Sent from my iPhone
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11/10/25, 5:27 PM
Outlook
Follow up on Tuesday's commitments
From Maryellen Mullin Fong
Date Thu 10/30/2025 9:31 PM
350 Menydale General and Webinar Questions -Nguyen Pham -Outlook
To Maribeth Bushey <maribeth.bushey@cityofsanrafael.org>; Sackett, Mary <Mary.Sackett@marincounty.gov>; Mayor Kate
< kate .colin@cityofsanrafael.org >; End Homelessness <endhomelessness@cityofsanrafael.org >
Cc
Dear Mayor Colin, Ms. Bushey, Mr. Cooperman, and Ms. Sackett,
During Tuesday's recorded and highly controlled Zoom meeting, each of you assured the community that the list of the 20 proposed sites
would be disclosed and made public by today, Thursday. As of now, these sites are still not listed in the FAQs for 350 Merrydale.
In addition, we requested that the Code of Conduct be shared and defined, as it remains unclear what this refers to-yet it was repeatedly
mentioned throughout the Zoom call. This is public information, and withholding it only deepens community concerns about transparency.
We also continue to request the crime statistics from the current encampments. Many neighbors and mothers have asked for this data, yet
it was again deferred by the Lieutenant during the meeting.
Frankly, our community is growing weary of elected officials holding closed door discussions and limiting public access to essential
information. These decisions affect all of us, and we expect open communication, not secrecy.
Until transparency and accountability are restored, you no longer have my vote or trust.
Res pectfu I ly,
Maryellen Mullin Fong -
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11/10/25, 5:28 PM 350 Menydale General and Webinar Questions -Nguyen Pham -Outlook
Outlook
Tiny Homes -350 Merrydale Rd.
From Rick Swanson
Date Fri 10/31/2025 12:58 PM
To Maribeth Bushey < Maribeth.bushey@cityofsanrafael.org >; Mary.Sackett@marincounty.gov < Mary.Sackett@marincounty.gov>; Mayor Kate
< kate .colin@cityofsanrafael.org >; End Homelessness <endhomelessness@cityofsanrafael.org >; B0S@MarinCounty.gov < B0S@MarinCounty.gov>
Dear Mayor Colin; Ms. Sackett; Ms. Bushey, Mr. Cooperman and Marin County Board of Supervisors:
I am writing to your regarding the Tiny Home proposal at 350 Merrydale. As a long time resident of San Rafael Meadows. My
grandparents were original owners and we have had 4 generations living in this neighborhood. San Rafael is supposed to be
"The City with a Mission" and I feel that the City has failed the residents of this neighborhood and surrounding areas.
We were blindsided with the proposal. Brochures were given to a few homes but most of the residents found out via NextDoor
after the fact. This entire process has been done in secretly with absolutely no input from surrounding neighbors. It appears that
you do not represent the people who voted you into office, you obviously have some other political motivation which is disgusting.
We should have been informed at the beginning of the process so that we could have taken an active part from the start.
The zoom meeting on 10/28 was supposed to be informative, only easy questions were answered with many of the more
important questions being ignored. This was a controlled zoom call with many of the speakers unprepared, passing on important
questions and just unprofessional. We were told that the list of 20 sites that were looked at for the project would be published on
your website. As of this morning I can not locate it.
This is a community with many young children playing in the neighborhood, seniors walking the neighborhood and statistics
regarding crime from current encampments went unanswered.
If the proposal of 65 Tiny Homes was recommended in YOUR neighborhood how would you feel?
I urge you to postpone the vote or find another area.
Sincerely,
Rick and Teri Swanson
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Outlook
Re: 350 Merrydale Road CHALLENGE
From Mayor Kate <Kate.Colin@cityofsanrafael.org>
Date Fri 10/31/2025 2:35 PM
350 Menydale General and Webinar Questions -Nguyen Pham -Outlook
To Maika Llorens Gulati <maika@cityofsanrafael.org>; Eli Hill <eli .hill@cityofsanrafael.org>; Maribeth Bushey
<man et . us ey@c1tyo sanra ae .org>; Rachel Kertz <rachel.kertz@cityofsanrafael.org>
Cc End Homelessness < endhomelessness@cityofsanrafael.org >
Hi Janice -Thank you for taking the time to write and for sharing your perspective after so many years in Rafael Meadows. I can tell how much
you care about your neighborhood and understand that many residents are feeling uneasy and even frightened about what this project might
mean for the area.
The Council and staff are familiar with the site and the surrounding community but appreciate you highlighting the aspects that you want to
be sure are recognized. Your input is important and I've included the appropriate staff email on this response, so your comments are part of
the public dialogue.
Warm regards,
Kate
Kate Colin (she/her/hers)
Mayor, City of San Rafael
~~~ ~ SAN RAFAEL l~~ THE CITY WITH A MISSION ~(JJ established 1874
From:
Sent: Friday, October 31, 2025 11 :17 AM
To: Mayor Kate <kate.colin@cityofsanrafael.org>; Maika Llorens Gulati <maika@cityofsanrafael.org>; Eli Hill <eli.hill@cityofsanrafael.org>; Maribeth
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11/10/25, 5:28 PM 35 0 Me rrydale Ge neral an d Webin ar Questio ns -Nguyen Pha m -Outloo k
Bushey <maribeth.bushey@cityofsanrafael.org>; Rachel Kertz <rachel.kertz@cityofsanrafael.org>
Subject: 350 Merrydale Road CHALLENGE
Dear Mayor and Councilmembers,
I have lived in Rafael Meadows for over 41 years now. I worked to
now retired and my husband and I were hoping to continue living in our won
Office for 30 of those years. I am
m our retirement.
350 Merrydale Road, San Rafael, is the selected site to house 65 people in Tiny Homes. It is on your agenda for a vote of approval on
November 17. Besides the strong request from the our community to delay this vote, I personally have a challenge for each of you . I
know some of you were there on October 15th celebrating your vision of housing for the homeless. But ...
MY CHALLENGE TO EACH OF YOU:
Drop by 350 Merrydale Road , park your vehicle and take a short walk in any direction. Come by yourself, as a group, incognito, or with
a friend. We're just on the other side of the freeway. By the way, how was the parking?
Northbound: You will have to go on a one-to three-foot wide dirt path with tall weeds to go under the freeway to get to Civic Center
Drive or get to the train. This "pathway" has been slated to become a Safe Schools route to the east side of US 101 for children to get
to school. So now what happens with the children?
Eastbound and slightly south: Cyclone fences.
Southbound on Merrydale or veer over to Redwood Highway: Apartments, businesses , The Vincent (senior-assisted living),
restaurants, a gas station and finally a bus stop.
Westbound: Rafael Meadows. A neighborhood of 200 homes that was built like a racetrack with only two vehicle entrances. We do
not have sidewalks but there is little traffic because it is a contained neighborhood. It is a very safe place to walk and allow children to
play in the street. Rafael Meadows still retains much of its 1950's charm. Each of our homes has a porch to enjoy. We have many
neighborhood activities throughout the year: Easter Egg hunt, Ice Cream Social , Summer BBQ , and Holiday Party with Santa and a
hors~riven carriage to the delight of both children and adults. And, of course , Halloween is very popular. We welcome children from
outside our neighborhood because it is a flat area and very safe to trick or treat.
As we were told the other night at the San Rafael City Council webinar, this Tiny Homes project is simply for housing. It is not going to
be a "safe living environment" where the use of drugs and alcohol are cause for removal. Alcoholics and addicts need some type of
restraint or they will continue using. And if they are not allowed to use .Q!1 the property, we are so frightful that their habits and behavior
will spill over into our neighborhood.
Feel free to respond to me once you've completed my challenge. I think you need to see upfront why Rafael Meadows is so frightened.
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11/10/25, 5:28 PM
Sincerely,
Janice Hughes
350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook
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11/10/25, 5:29 PM 350 Menydale General and Webinar Questions -Nguyen Pham -Outlook
Outlook
Re: 350 Merrydale Drive Project
From Mayor Kate <Kate.Colin@cityofsanrafael.org>
Date Fri 10/31/2025 2:46 PM
To Emily van Nierop Keats
Cc End Homelessness < endhomelessness@cityofsanrafael.org >
Hi Emily -Thank you for taking the time to write and share your concerns. I completely understand how being blindsided by this project
doesn't feel good, and I appreciate the thoughtful way you've expressed your questions.
The goal of the 350 Merrydale proposal is to provide temporary interim cabins with onsite support services in a structured and accountable
setting. This approach gives people a safe place to stabilize while also ensuring clear behavioral expectations and 24/7 staffing.
Regarding housing distribution, San Rafael has a state-approved Housing Element -a plan required by state law -that identifies sites
throughout the city for all types of housing: market-rate, workforce, affordable, and supportive. Terra Linda is one part of that citywide
strategy, but not the only focus.
I've also heard concerns about transit and student safety. The City doesn't control school bus service, but the schools continual coordinate
closely with Marin Transit, which already serves residents across San Rafael. And like all the bus routes managed by Marin Transit, they are
committed to ensuring routes and stops near Merrydale remain safe and well managed.
We'll continue updating the online FAQ with answers to questions like yours, and there's an in-person open house on November 6 from 5 -
7pm at the JCC where you can speak directly with staff and service providers. I've added the appropriate staff email to this thread so that
your questions and concerns can be part of the public record and included in the FAQs.
Thank you again for staying engaged and sharing your perspective.
Warmly,
Kate
Kate Colin (she/her/hers)
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11/10/25, 5:29 PM
Mayor, City of San Rafael
m Jffh SAN RAFAEL
-flJ!!§A THE CITY WITH A MISSION
..I..OIJ established 1874
From: Emily van Nierop Keats
Sent: Wednesday, October 29, 2025 6 :25 PM
To: Mayor Kate <kate.colin@cityofsanrafael.org>
Subject: 350 Merrydale Drive Project
Hi Kate,
350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook
I am a resident of Terra Linda and I wanted to reach out and express my concerns about the 350 Merrydale Drive Project. I appreciate your
efforts to tackle this difficult issue, but I feel blindsided by how this project was suddenly presented to the community, with no opportunity
for our input or any room for compromises.
The character and access to public transportation of downtown San Rafael is clearly distinguishable from Terra Linda. Moving 65 unhoused
individuals from the Mahon Creek encampment may change the nature of our small neighborhood, but that doesn't mean I completely
oppose the project. My neighbors and I would be more willing to embrace this project if the process were more collaborative, offered
concrete answers to our concerns and offered more transparency.
For example, I'm curious why more low income housing is being slated for our small neighborhood when we are already planning to add
many low income units into the neighborhood with the Northgate Mall revitalization . Is the proportion of this kind of housing in TL
proportionate to the amount being built in other towns within our county? If not why?
I'm also curious if the town will offer school buses again for middle school students? From what I understand the public bus system is now
being utilized by middle schoolers since there are no district provided school busses . Given last nights conversatin it's apparent that the
residents of these tiny homes will relly on the public transit system. Can a more rigorous vetting process be provided for applicants given
access to this location and can a more concrete plan for supporting them to be successful with any mental illness or substance abuse
needs be put in place other than just a voluntary check in system? It seems irresponsible for a community to have a city-created sitution
(no school busses) and no plan for how to keep minors safe given the inevitable interaction the residents and our minors will have. How
can we address this issue without taking away needed funds that our schools need?
These are the types of compromises and discussions the neighborhood expected to have, and deserves .
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I strongly urge you to host a public comment period for this project so those of us in the community with questions can feel a part of this
process.
Thank you for your time.
Emily
Emily Keats
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Outlook
Re: New Interim Shelter Site at 350 Merrydale
From Daniel Cooperman < Daniel.Cooperman@cityofsanrafael.org >
Date Fri 10/31/2025 3:04 PM
To Fl Flooring & Design
Cc Nguyen Pham <nguyen.pham@cityofsanrafael.org>
Hi Mr. and Mrs. Ozbek,
Thank you for taking the time to email your concerns. And we certainly understand your concerns and frustration. Your comments are added
to the public record and will be shared with the city council. I do want to invite you to the in-person community meeting we are holding next
week on November 6th from 5-7pm. Below, I am including details for the meeting. This is an opportunity for constituents to be able engage
and have any questions and concerns.
SESION INFORMATIVA
COMUNTTARIA
REFUGIO PROVISIONAL DE
350 MERRYDALE RD
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Daniel Cooperman I City of San Rafael
Community Services Division Director
https ://oullook .office365 .com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 1/3
11/10/25 , 5:30 PM
1400 sth Avenue, Room 203
San Rafael , CA 94901
415.256.5565
Daniel.CooP-erman@citY.ofsanrafael.org_
SAN RAFAEL
THE CITY WITH A MISSION
From: Fl Flooring & Design
Sent: Wednesday, October 22, 2025 9 :29 AM
350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook
To: Daniel Cooperman <Daniel.Cooperman@cityofsanrafael.org>
Cc: Nguyen Pham <nguyen.pham@cityofsanrafael.org>
Subject: New Interim Shelter Site at 350 Merrydale
Good afternoon Mr. Cooperman,
Wishing this email finds you well. This is Monica and Hikmet Ozbek, owners of Fl FLOORING & DESIGN located at 3767
Redwood Hwy. -San Rafael, CA 94903.
Mr. Nguyen Pham visited us days ago to let us know about the City plans to purchase an abandoned property located at 350
Merrydale Road, just down road from our business with the purpose to build a transitional housing for homeless people.
Although the purpose of this plan might be good, we , as well as other business owners and residents in the area, are not happy
with this unilateral decision from the city. Even more, we are concerned about the security of our businesses. In the last couple of
weeks, the amount of homeless people wandering around have increased, with some of them coming inside our showroom more
than once scaring our clients away. These plans should have been consulted with all the parties affected by them: residents and
business owners. This is not a light subject where the city gets to decide and just inform us about it when it is obvious than the
consequences are not going to be good for us.
The flyers "explaining" this decision, express that this "will bring more business " to us, but we don't think that is very accurate
when the people we see around are not typical clients for mostly all the business in this area (flooring store, painting, window, and
pool services, etc.).
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11/10/25 , 5:30 PM 350 Menydale Gene ral and Webinar Questions -Nguyen Pham -Outlook
We respectfully ask the city to reconsider this decision and relocate this project to a better place where residents and businesses
can 't be affected.
Look i ng forward to your rep ly.
Cord ially,
Monica Ozbek
Fl Flooring & Design, Owner
~Dflooring _ 'I & (J)est{Jn
3767 Redwood Hwy
San Rafael, CA 94903
htti:2://www.fiflooring.com
Check us out on YelR.
Follow us on lnstagram / Facebook I Linkedln
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Outlook
Re: 350 Merrydale Project
From Daniel Coo pe rman < Daniel.Cooperman@c ityofsanrafael .org>
Date Fri 10/31/2025 3:33 PM
To End Home lessness <endho melessness@cityo f sanrafael.org>; Maribeth Bushey
<man et . us ey@c1tyo sanra ae .org>; Nguye n P am <Nguyen.Pham@cityof sanrafae l.o rg>; Mayor Kate <kate.co lin@cityofsan rafael.org>;
Mary.Sackett@marincounty.gov <Mary.Sackett@marincounty.gov>
Hi Mr. Phelps,
Please see responses in red to your questions:
Can you clarify the services to be provided as part of the homeless shelter at 350 Merrydale -my question is around access to these
services .
Will these services only provided to those living on-site?
Yes, the services offered will only be to residents on-site.
If yes to above, then you plan to deny others seeking the same services if they don't live on-site?
In San Raphael and Marin County, there simply isn't enough services for those in need. This is not unique to our jurisdiction. The proposed
interim shelter was designed to increase capacity for those unsheltered within the City. There have been significant cuts at both the state
and federal level which makes it even more challenging to provide services to everyone who qualifies. Staff continues to identify any
potential funding opportunities to further augment service delivery to those who do not qualify for this proposed project.
If not, and services will be provided to all-how will this be managed by service providers and agencies?
There is an list of potential residents that was developed when the County of Marin and City of San Raphael applied and was awarded
money from California Housing & Community Development's Encampment Resolution Fund.
These are i mP-ortant P-Oints that need clar ification.
When can we expect mean i ngful d ialogue w ith city officials around the over 300 questions submitted prior to the recent Zoom
presentation and the many more submitted throughout the call? Also the 11/6 meeti ng is just a drop in now? Again, feels like there's no
appetite fo r dia logue and collaboration with your constituents. Th is needs to happen before any vote o r decision on the proposal. Please
pause the vote.
The in-person meeting next week is being designed to allow for more dialogue between constituents, elected officials, City & County staff,
and service providers. We look forward to seeing you there next week for a fruitful conversation.
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11/10/25, 5:30 PM
Thank you,
Daniel Cooperman I City of San Rafael
Community Services Division Director
1400 sth Avenue, Room 203
San Rafael, CA 94901
415.256.5565
Daniel.Cooperman@cityofsanrafael .org
~ SAN RAFAEL
~ THE CITY WITH A MISSION
From:
Sent: Thursday, October 30, 2025 6 :58 PM
350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook
To: End Homelessness <endhomelessness@cityofsanrafael.org>; Maribeth Bushey <maribeth .bushey@cityofsanrafael.org>; Daniel Cooperman
<Daniel.Cooperman@cityofsanrafael.org>; Nguyen Pham <Nguyen.Pham@cityofsanrafael.org>; Mayor Kate <kate.colin@cityofsanrafael.org>;
Mary.Sackett@marincounty.gov <Mary.Sackett@marincounty.gov>
Subject: Re: 350 Merrydale Project
Hi again,
Can you clarify the services to be provided as part of the homeless shelter at 350 Merrydale -my question is around access to these
services.
Will these services only provided to those living on-site?
If yes to above, then you plan to deny others seeking the same services if they don't live on-site?
https://outlook.office365 .com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 2/4
11 /10/25 , 5:30 PM 350 Merrydale Ge neral and Webinar Quest ions -Nguyen Pham -Outlook
If not, and services will be provided to all-how will this be managed by service providers and agencies?
These are imP-ortant P-Oints that need clarification.
When can we expect meaningful dialogue with city officials around the over 300 questions submitted prior to the recent Zoom
presentation and the many more submitted throughout the call? Also the 11/6 meeting is just a drop in now? Again, feels like there's no
appetite for dialogue and collaboration with your constituents. This needs to happen before any vote or decision on the proposal . Please
pause the vote.
Thank you,
Carter
Carter Phelos
On Oct 19, 2025, at 7:03 PM,
Team,
wrote:
I've emailed and called over this matter. Mary thank you for listening today. I think the following points summarize some of
what I'd like shared more widely:
1 The community demands transparency regarding the project's process, as it has not followed normal procedures, and
residents feel intentionally shut out from discussions and decisions
2 Residents request an immediate pause or suspension of any votes on the project to allow for meaningful community
engagement and input before decisions are finalized. This would be a good faith effort to reestablish trust with our community
3 The neighborhood requires an in-person roundtable meeting with city officials for a meaningful dialogue, as current
communication methods like limited public comments or Zoom calls are insufficient
4 There are significant concerns about the project's impact on neighborhood safety, sanitation, and potential overflow effects,
which need to be addressed with clear plans and mitigation strategies
5 The community lacks crucial information regarding the project's specifics, including property ownership status, unit design,
and the provision of essential services, and demands clarity on these details
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11/10/25, 5:30 PM 350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook
A Zoom call on 10/28 is not sufficient. There has been zero communication, bilingual outreach or involvement of our
community up to this point. We need corrective action now.
Thank you,
Carter
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11/10/25, 5:31 PM 350 Menydale General and Webinar Questions -Nguyen Pham -Outlook
Outlook
Formal CEQA Study Request -Merrydale Property
From Mark Allen
Date Sat 11/1/2025 8:16 AM
To End Homelessness <endhomelessness@cityofsanrafael.org>
Cc Daniel Cooperman <Daniel.Cooperman@cityofsanrafael.org>; Scott Emblidge
Given that the City of San Rafael is proposing the purchase of the Merrydale property and is very likely to claim a "common-sense" CEQA exemption to
avoid a CEQA study, as it has done for every homeless-related ordinance to date (i.e., "It can be seen with certainty that there is no possibility of significant
environmental impact"), I formally request that a CEQA study be conducted before the purchase is approved.
There is limited or no pollution at the Merrydale site at the moment, along with a stream along one of its borders, and I believe there is a fair argument
under CEQA that the relocation of the homeless population from existing encampments like Andersen Drive and Mahon Creek could produce significant
environmental effects, including stormwater pollution and displacement impacts. Therefore, it cannot be seen with certainty that there is no possibility of
significant environmental impact.
Thank you,
Mark Allen
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11/10/25, 5:31 PM 350 Menydale General and Webinar Questions -Nguyen Pham -Outlook
Outlook
Public Commitment Outstanding: 350 Merrydale List of 20 Sites not yet posted on FAQ
From
Date Sat 11/1/2025 4 :48 PM
To John Stefanski <john.stefanski@cityofsanrafael.org>
Cc End Homelessness <endhomelessness@cityofsanrafael.org>; Maribeth Bushey <maribeth.bushey@cityofsanrafael.org>; Mayor Kate
< kate.colin@cityofsanrafael.org >; Nguyen Pham < nguyen.pham@cityofsanrafael.org >; Daniel Cooperman <daniel.cooperman@cityofsanrafael.org >
Dear John,
I am writing to follow up on a publ ic commitment you made during the October 28th virtua l event regarding the 350 Merrydale
Property. When asked to identify the 20 other possible sites the City had considered for this project , you stated :
"We have a list of these sites that we'll be able to post on our website as part of our FAQ rather than reading through the
list right now, and we'll have that up for everyone later this week."
It is now the end of the week, and that list still has not been posted.
To summarize:
• You confirmed during the event that a list of alternative sites exists .
• You stated that the list would be posted on the City 's website as part of the FAQ.
• You specified that it would be available "later this week."
At this po i nt, the fai l ure to follow through on that comm itm ent raises legitimate concerns about transparency and accountability.
Many of the nearly 200 participants in the event expressed frustration with the City's lack of openness , and th is situation on ly
reinforces that perception . I understand you have been asked multiple times by ema i l for th is list this week.
The public has a right to the information you promised to share. If there is a reason the list has not been posted , please expla i n it
directly. Otherwise , I urge you to immediately fulfill your stated commitment and make the list of sites publicly available .
I would appreciate a prompt and candid response .
Sincerely,
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11/10/25, 5:31 PM 350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook
Ken Dickinson
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11/10/25, 5:31 PM 350 Menydale General and Webinar Questions -Nguyen Pham -Outlook
Outlook
350 Merrydale plan
From mark
Date Mon 11/3/2025 9:39 AM
To End Homelessness <endhomelessness@cityofsanrafael.org>
Daniel ,
I am a Marin County resident and my son goes to school at Marin Academy in San Rafael. I am interested in the Merrydale Road project plan.
I am concerned citizen on the issue of homelessness and mental health services in our country. I have been in commercial real estate during
my entire 40-year career and w ould like to discuss th is plan and some poss ible alternative plans that I think would allow your limited funds to
go further.
Please call me.
Thanks ,
Mark Cunningham
https://www. citY.ofsan rafael. org/i nterim-shelter -site-at-350-merryda I e-road/
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11/10/25, 5:32 PM
Outlook
Re: Merrydale proposal
From Mayo r Kate <Kate.Co lin@cityofsanrafae l.org>
Date Mo n 11/3/2025 10:4 2 A M
To lil y pri ll inger >
350 Menydale Gene ral and We binar Questions -Nguyen Pham -Outlook
Cc End Homel essness < endhome lessness@cityo f sanrafael.org >
Hi Li ly -Thank you for taking the time to share your thoughtful message. I hear your concerns and understand how unsettling it can feel when
a significant proposal like 350 Merrydale is introduced nearby. The goal of this project is to create a structured, service-supported interim
housing program that helps individuals move out of encampments and into stability. I want to assure you that the project is being designed
with accountability, management, and neighborhood safety at the forefront and underscore that these are shared priorities for everyone
i nvolved .
We're working closely with the County of Marin, which leads homeless services countywide, to ensure that both data and operational details
are communicated clearly. Additional i nformation and responses to the questions raised by neighbors -such as data, public safety
coordination, and site management -will continue to be added to the FAQ page as it is verified . You can also sign up to receive updates.
Here 's the l i nk: httP.s://www.cityofsanrafael.org/interim-shelter-site-at-350-merrydale-road/
We also have an i n-person community open house on Wednesday, November 6, from 5-7 p .m. at the Osher Mari n JCC, where staff from the
City and County will be available to answer questions and share more about the plann i ng process. I have added the appropriate city staff
ema i l to this response to ensure that your i nput is heard and part of the broader public record .
Thank you aga i n for reach i ng out and for express i ng your support for help i ng people i n need as it 's clear that you care deep ly about San
Rafael and the well-being of your ne ighborhood.
Warmly,
Kate
Kate Colin (she/her/hers)
Mayor, City of San Rafael
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11/10/25, 5:32 PM
m Jffh SAN RAFAEL
-,f/!!§ft THE CITY WITH A MISSION
..LOU established 1874
From: lily prillinger >
Sent: Saturday, November 1, 2025 3:01 PM
To: Mayor Kate <kate .colin@cityofsanrafael.org>
Subject: Merrydale proposal
Dear Mayor Kate Colin,
350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook
As a resident of San Rafael, I am concerned about the proposed transitional housing at 350 Merrydale. The Merrydale area is not
adequately planned out to meet the needs of such a complex and high risk population. While the intent behind this aspirational program
may be ideologically good, the practical underpinnings are not well founded .
I am deeply troubled that such a socially challenging project has been pushed upon this quiet Merrydale neighborhood with such a
profound lack of discussion, inclusive leadership, transparency, or critical design. Why have officials been so deliberately obscure about the
data and planning regarding this unwieldy project, which has been enshrouded in dubious details and facts? A lack of transparency is not
acceptable in contemporary and inspired political practice. Merrydale residents have been repeatedly asking for crime statistics and data
pertaining to the police contacts associated with the encampment on Anderson Drive in downtown San Rafael. This information needs to
be shared . I understand that certain historical information, such as substance use, may be HIPAA protected, but it is important to
acknowledge that substance use will be impacting this neighborhood, which is filled with young families and children.
While there has been much discussed about public safety, I feel that San Rafael is knowingly placing this current Merrydale community at
risk given that this neighborhood is not set up to absorb this complex population, let alone create transitional opportunities for these
people who are currently unhoused . There isn't even a real grocery store nearby for people to obtain healthy food and there are not
wellness or care facilities within the immediate radius. Research into the successful implementation of tiny homes underscores that such
communities must be well integrated into thoroughly planned communities where a multitude of services already exist. Merrydale is more
of a "bedroom Community" and residents travel via car outside the neighborhood for food and health services, as only a few fast food and
fancier restaurants exist in the immediate vicinity.
It does not seem that this idea is about safety; it seems more concerned with optics. Once these populations are 'housed ' (regardless of
zoning or code issues or environmental impact), the unhoused population will cease to be technically 'homeless', which translates into a
superficial political success, albeit a betrayal of the Merrydale communitiy's larger needs. These residents are really concerned and anxious
about what the City is proposing to foist upon them. Please listen to the residents of Merrydale.
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11/10/25, 5:32 PM 350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook
I am extremely supportive of helping people in need, and I want to truly help people with compassion, and services, and opportunities-
however, this small, quiet, family-friendly neighborhood with its multiple senior centers, daycare centers, playgrounds, schools, faith based
organizations, and large areas of environmentally-sensitive open space is simply not the appropriate setting for such a high-density and
ideologically-complex project. I should further state that the open space near Lincoln Hill and Boyd Park has been subject to numerous
fires over the years, resulting on multiple occasions from the activity associated with the unhoused, such as smoking cigarettes, narcotics
use, and the irresponsible use of incendiary material. Many residents on Lincoln Hill have already lost the ability to obtain conventional fire
insurance as a result of the fire history on this hill. This environmentally sensitive area cannot sustain any more fires, intentionally or
unintentionally started by acts which have been historically and factually linked to unhoused activity. Merrydale is adjacent to many areas
of sensitive open space. When an unhoused person goes into transitional housing, it doesn't immediately solve problematic behaviors that
may put various communities at risk.
San Rafael needs to re-evaluate and listen to all its people. I applaud the city for wanting to create new opportunities for those who are
struggling, however this current proposal is deeply flawed and will put this neighborhood under significant stress, which will be evidenced
in higher calls for service, and emergency services. Please reconsider your adherence to this proposal until the practical planning has been
clarified with well-conceived, real strategies.
Sincerely,
Lily Prillinger
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11/10/25, 5:33 PM 350 Menydale Gene ral and Webinar Questions -Nguyen Pham -Outlook
Outlook
350 Merrydale project-PAUSE
From Karen M ason
Date Mo n 11/3/2025 12:3 7 PM
To End Homelessness <en dho m elessness@cityof sanrafae l.org>
Dear Dan iel ,
I am writing to express my deep d isappo intment and concern over the way the 350 Merrydale project has been hand led. Many of us on ly
recently learned about th is development-long after critica l dec isions appear to have already been made-and it has left our
neighborhood feel i ng b li nds ided and d isregarded .
This process has severely damaged our t rust i n local government. Transparency is not simply a procedu ral step; it is a reflect ion of respect
for the people you represent. In this case , that respect has been absent. The secrecy surround ing the 350 Merryda le project has created a
deep sense of disillus ionment and frustration among res idents who now feel excluded from dec isions that d i rect ly affect the ir lives and
property.
We strongly u rge you to pause this project immediately and take a hard look at how this process unfo lded . Trust cannot be rebui lt
without honesty, accountab i lity, and genuine transpa rency-none of which have been demonstrated so fa r.
I have long been p roud to ca ll San Rafael home, wh ich makes this loss of faith even more painful. Please pause this project
immediately to resto re transparency, rebui ld t rust, and show that the voices of your constituents st il l matter.
Si ncerely,
Ka ren Mason
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Outlook
Re: Deep Concern Over Lack of Transparency on the 350 Merrydale Project
From Mayor Kate <Kate.Co lin@cityofsanrafael.org>
Date Mon 11/3/2025 3:39 PM
To Kare n M aso n
Cc End Homel essness < endhome lessness@cityo f sanrafael.org >
Hi Karen -I hear the des i re for the City to pause, and I understand that learning about the proj ect later in the process has been frustrating. I'm
confident that the questions raised by residents will be answered as part of the ongoing outreach . This includes through the FAQs, which are
being regularly updated so everyone has access to the same information. htt12s://www.citv.ofsanrafael.org/interim-shelter-site-at-350-
merrv.da1e-road/
I a lso want to make sure you know about the upcom i ng drop-i n community event t h is Thursday, November 6, from 5-7 p .m . at the Osher
Marin JCC (200 N. San Pedro Road). It's an opportunity to speak directly with City and County staff, review site materials, and share feedback
in person .
I've cop ied the appropriate staff on th is response so they're aware of your message and your i nput is part of the public record .
Thank you for reaching out and sharing your perspective.
Warmly,
Kate
Kate Col i n (she/her/hers)
Mayor, City of San Rafael
~~~ ~ SAN RAFAEL l~~ THE CITY WITH A MISSION ~({J) established 18 74
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11/10/25, 5:33 PM 350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook
From: Karen Mason
Sent: Monday, November 3, 2025 12:25 PM
To: Mayor Kate <kate.colin@cityofsanrafael.org>
Subject: Deep Concern Over Lack of Transparency on the 350 Merrydale Project
Dear Mayor,
I am writing to express my deep disappointment and concern over the way the 350 Merrydale project has been handled. Many of us only
recently learned about this development-long after critical decisions appear to have already been made-and it has left our
neighborhood feeling blindsided and disregarded.
This process has severely damaged our trust in local government. Transparency is not simply a procedural step; it is a reflection of respect
for the people you represent. In this case, that respect has been absent. The secrecy surrounding the 350 Merrydale project has created a
deep sense of disillusionment and frustration among residents who now feel excluded from decisions that directly affect their lives and
property.
We strongly urge you to pause this project immediately and take a hard look at how this process unfolded. Trust cannot be rebuilt
without honesty, accountabi lity, and genuine transparency-none of which have been demonstrated so far.
I have long been proud to call San Rafael home, which makes this loss of faith even more painful. Please pause this project
immediately to restore transparency, rebuild trust, and show that the voices of your constituents still matter.
Sincerely,
Karen Mason
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11/10/25, 5:34 PM 350 Menydale General and Webinar Questions -Nguyen Pham -Outlook
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Homeless for me but not for thee
From Ram Z
Date Tue 11/4/2025 11 :39 AM
To Daniel Cooperman <Daniel.Cooperman@cityofsanrafael.org>; End Homelessness <endhomelessness@cityofsanrafael.org>; Mayor Kate
< kate.colin@cityofsanrafael.org >; D Connolly < DConnolly@marincounty.org >; MSackett@marincountv.ora < MSackett(<:i)marincountv.ora >: Maribeth
Bushey <maribeth.bushey@cityofsanrafael.org>; Rachel Kertz <rachel.kertz@cityofsanrafael.org>-->;
Rob Epstein < rob.epstein@cityofsanrafael.org >; Derek Johnson < Derek.Johnson@marincounty.g~~
I live on the other side of the freeway from Rafael Meadows, but drive by the disturbing Mahon Creek and Anderson encampments most
days on my commute to the ferry. I have called in two early -morning fires to the Fire Dept -a huge bonfire made of pallets, and a large
palm tree on fire. My brother works in the area and commutes by bike, and has been accosted by those people and has plenty of stories
to tell, including the morning he went by dozens of cars with slashed tires.
Obviously, no one wants to have the people who are left at Mahon/ Anderson roaming about their community accosting and assaulting
people including with weapons, stealing, damaging property and trashing places, starting fires, attracting drug dealers, taking over public
spaces and parks with playgrounds, picnic tables, and bathrooms, and etc.
We already know what it's like here, because this degradation happened to our community when the National Guard Armory by the Civic
Center Lagoon Park was used as a winter homeless shelter from 1987 to 1991. And the effects lingered in pockets long after the shelter
closed, due to this area becoming known on the homeless grapevine. For example, a particularly troublesome and crime -ridden
encampment ran for years at the overgrown and unmaintained PG&E property by the SMART train station.
(Note on the SMART tra in -do you think I would ever consider commuting by train if I have to wait on a dark morning at an
isolated station near a homeless shelter/ housing complex full of Mahon/ Anderson residents?)
The fairest thing to do would be to disperse these people. First, all non -Marinites who came just for the services should be returned to
their hometowns. There won't be anyone left. But if there are some liars left, please place them around the county, ideally in a tiny home
next to the residence of each member of the homeless -industrial complex who is responsible for where we are now -the mayor, city and
county officials, the board members of the non-profits, and the other homeless advocates championing your project. Oh, and how about
5 tiny homes in San Rafael next to the house of the City Attorney who suggested homeless camping at the Civic Center Lagoon Park a few
years ago.
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11/10/25, 5:34 PM 350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook
As was the case with the Armory, it's especially irritating to have San Rafael, who knows how bad the problem is, so eager to off-load it
over the hill, and in secret, and to have people from Dominican, Marinwood, Mill Valley, Larkspur, Tiburon, etc., and even Hillsborough
trying to pile on. Really, no paid spokesman from Hillsborough should be weighing in at all. Another example -the current county
administrator has spent his adult life in Southern Calif, and doesn't recognize the significance of the Civic Center area like the recently
retired administrator.
It's extremely laughable that you emphasize how you will be passing new ordinances to further prohibit camping in central San Rafael, but
will be letting camping run rampant here ("there are only a few places to camp by Merrydale anyways" -you are completely wrong!). Also,
you are making a big deal about keeping security threats OUT of the homeless shelter, which will put them IN our neighborhoods instead!
It's beyond ridiculous that you are pretending to solve the problem by moving it, and even worse, you're making it permanent so that we
will never have an escape from the Mahon/ Anderson people, unless we move or die. You need to solve your own problem right where it
is now. You must distribute the burden fairly -open your own hearts and neighborhoods to these people! You will reap the effects
immediately and for many years to come.
Thanks, Rami /
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11/10/25, 5:34 PM 350 Menydale Gene ral and Webinar Questions -Nguyen Pham -Outlook
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Request for Transparent and Accessible Meeting Format for 350 Merrydale Project at JCC
From Fran k Mason
Date Tu e 11/4/20251 2:27 PM
To Mayor Kate <kate.co lin@cityofsa nrafae l.org>; En d Ho melessness <e ndh o m eless ness@cityofsan rafael.org>
Dear Kate ,
When we spoke by phone, you asked how best to communicate with our ne ighborhood. I rem inded you that our commun ity includes both
elderly res idents and young fam i lies. That means commun icat ion must be prov ided in written, electronic, and in-person formats -
electron ic communicat ion alone is not adequate or equ itab le.
Given th is, we expect that chairs will be provided for elderly res idents who w ish to attend but cannot stand for long per iods. Accessibi l ity
must be ensured for all members of our community.
Addit ionally, ou r experience with the recent web i nar made clea r that the fo r mat was disjointed, confusing, and ineffective for
meaningfu l publ ic part ici pation. We are formally requesting a change in format for the JCC meet ing regarding the 350 Merrydale
Project. Res idents must be ab le to ask questions publicly and receive full, real-time answers, not be sent from tab le to table or d i rected
to individua l staff. That format prevents the commun ity from hea ring co m plete, cons istent i nformation and unde rm ines transparency.
We are specifically requesting that:
1. A microphone be provided for publ ic quest ions .
2. All relevant staff and experts be seated together in front of the aud ience .
3. Quest ions and answers occur openly so everyone can hear the same infor mation at the same time.
This app roach ensures accountability and t ransparency -both of wh ich are fundamental to good governance and commun ity t rust.
Please confirm before Thursday 's meeting that these accom m odations and fo r mat changes w il l be i n place .
Si ncerely,
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11/10/25, 5:34 PM 350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook
Frank Mason
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Standard 5&10 Ace Laurel Ace Marin Ace
3545 California Street 4024 MacArthur Blvd. 180 Merrydale Road
San Francisco, CA 94118 Oakland, CA 94619 San Rafael, CA 94904
415/751-5767 510/530-1966 415/479-9393
Oakley Ace Pittsburg Ace Antioch Ace
3100 Main Street #266 125 E Leland Road 501 Sunset Drive
Oakley, CA 94561 Pittsburg, CA 94565 Antioch, CA 94509
925.625.2449 925.432.6089 925.757.2500
Jeff Leopold -owner of both Marin Ace Hardware and the property
November 4, 2025
Councilmember Maribeth Bushey-maribethbushey@cityofsanrafael.org
County of Marin Supervisor Mary Sackett-mary.sackett@marincounty.gov
Mayor Kate Colin -kate.colin@cityofsanrafael.org
Director Daniel Cooperman -Endhomelessness@cityofsanrafael.org
Subject: Strong Opposition to Proposed Interim Shelter Project at 350 MERRYDALE ROAD for
Unhoused Residents
Dear San Rafael I County of Marin Officials,
I am writing to express my strong opposition to the proposed Interim Shelter Project for Un housed
Residents at the location of 350 Merrydale Road. As a concerned business and commercial
property owner in the immediate neighborhood, I am deeply invested in the well-being and future of
our community and believe this location is unsuitable for the proposed facility for several specific,
material considerations.
While I understand the need to address the unhoused population in San Rafael and Marin County
within our city, the current proposal raises significant concerns regarding the potential impact on
the existing quality of life, safety, and property values in this primarily residential I small business
area.
My objections are based on the following specific points:
• Zoning and Land Use Compatibility: In 2020, this property was approved for a 45-unit
condominium project that later fell through (Camus Property Group). This area is currently
mixed-use with narrow streets, minimal street parking and is located near a cul-de-sac. A
Standard 5&10 Ace Laurel Ace Marin Ace
3545 California Street 4024 MacArthur Blvd. 180 Merrydale Road
San Francisco, CA 94118 Oakland, CA 94619 San Rafael, CA 94904
415/751-5767 510/530-1966 415/479-9393
Oakley Ace Pittsburg Ace Antioch Ace
3100 Main Street #266 125 E Leland Road 501 Sunset Drive
Oakley, CA 94561 Pittsburg, CA 94565 Antioch, CA 94509
925.625.2449 925.432.6089 925.757.2500
shelter facility with 65 temporary units and potential for a minimum of 80 permanent units in
the future is not consistent with the established character and use of the neighborhood. The
city should explore alternative, more suitable locations in non-residential areas, such as the
business district or areas with robust public transit and wraparound services already in
place. The 10/15/25 Marin IJ article claims, " The City Council will amend its camping
ordinance with new prohibitions and will declare a shelter emergency, which is a regulatory
tool to allow more flexibility on the Land use for the tiny home operation."
• Public Safety Concerns: Our neighborhood currently enjoys a low crime rate. Based on
documented experiences in other areas with concentrated shelter facilities, I am concerned
that the presence of a shelter could Lead to an increase in public safety issues, such as
Loitering, petty theft, and drug use, as well as an increased police presence, which would
negatively impact our peaceful neighborhood.
• Property Values and Financial Investment: Many residents have made significant
financial investments in their homes with the understanding of the area 's residential nature.
There is a Legitimate concern that the development will negatively impact property values
and the desirability of the neighborhood for current and future homeowners.
• Lack of Adequate Services/Management: Concerns exist regarding the operational plan
for the shelter. This project is based on the success of the Mahon Creek Project, which in
almost 12-months, has only transitioned eight residents to permanent housing situations.
• Community Input Process: The process for this proposal did not include sufficient
community engagement or input prior to the decision point. which is concerning. Residents
deserve a voice in developments that directly impact their daily lives. According to the
10115125 Marin IJ article "City officials began closed session negotiations in March 2025
and are now finalizing the purchase agreement. The property is expected be just over $7
million after closing costs. A purchase agreement is expected to be presented to the City
Council at its Nov. 17 meeting, Stefanski said." The notice of the 10/28/25 Virtual
Community Meeting was not posted until 10115125, and then on 10128125 the notice of the
11/6/25 In-person Meeting was posted. TOO LITTLE, TOO LATE NOTIFICATION for
residents and business owners. This is not what is expected of a "Good Neighbor
Policy" that the City of San Rafael claims to provide.
Standard 5&10 Ace Laurel Ace Marin Ace
3545 California Street 4024 MacArthur Blvd. 180 Merrydale Road
San Francisco, CA 94118 Oakland, CA 94619 San Rafael, CA 94904
415/751-5767 510/530-1966 415/479-9393
Oakley Ace Pittsburg Ace Antioch Ace
3100 Main Street #266 125 E Leland Road 501 Sunset Drive
Oakley, CA 94561 Pittsburg, CA 94565 Antioch, CA 94509
925.625.2449 925.432.6089 925.757.2500
I urge the city to reconsider the approval of this project at the proposed location and explore
alternative solutions that better align with the needs of all residents, both housed and unhoused,
without compromising the existing quality of life in our community.
Thank you for your time and for considering my concerns. I request that this letter be entered into
the public record as formal opposition to the proposal.
Sincerely,
Jeff Leopold
• Marin County Resident since 2000
• San Rafael Commercial Property Owner since 2011 -Sizzling Property Group, LLC
• San Rafael Small Business Owner since 2011 -Marin Ace Hardware
• Bay Area Ace Hardware Dealer since 1988
11/10/25, 5:35 PM 350 Menydale Gene ral and We binar Questions -Nguyen Pham -Outlook
Outlook
Lack of Transparency Regarding Planning Meeting for 350 Merrydale Project
From Fran k Mason
Date Tu e 11/4/20251 2:48 PM
To Mayor Kate <kate.co lin@cityofsa nrafae l.org>; En d Ho melessness <e ndh o m eless ness@cityofsan rafael.org>
Dear Kate and City Staff,
I just learned from a neighbor, not from the City, that there is a Planning Meeting scheduled for tonight regarding the 350 Me rrydale
Project. Th is is deep ly concerning .
When was this meet ing dec ided? Who autho rized it, and what was the decid i ng factor for scheduling it? If th is is an offic ial City meet i ng , it
should have been posted publicly in advance and clea rl y listed on the City 's website, social media, and the 350 Merryda le project page.
You 've repeatedly told the pub li c to 'Just look at the FAQs," yet critical information li ke th is continues to be m issing . Th is is not acceptable
or t ransparent government.
I also unde rstand from another neighbor that the scope of the November 17th meeting has changed , and that what will be voted on at
that meeting may now be different than prev iously stated. Is that true? If so, when will that info rmation be updated on the City's official
350 Merryda le project page?
Right now, it appears that info rmation is be i ng released se lect ive ly and late -wh ich gives the i mpress ion that the process is be ing "slow-
walked" toward app roval w ithout genu i ne public awareness or input.
This ongo i ng lack of transpa rency underm i nes public trust and participation . Please respond immediately to clarify:
1. When and how ton ight's meeting was scheduled and noticed.
2. Whethe r the scope and pu rpose of the November 17th meeting have changed .
3. When the City w ill post complete and updated informat ion to the public project page.
The community deserves t imely, accessible, and honest communication -not after-the -fact d iscoveries from ne ighbors.
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11/10/25, 5:35 PM
Sincerely,
Frank Mason
350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook
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11/10/25, 5:39 PM
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Re: 350 Merrydale Rd Project
From Mayor Kate <Kate.Colin@cityofsanrafael.org>
Date Tue 11/4/2025 5:45 PM
To Susan Woodhouse
< Mary.Sackett@mann -co
Cc Susan Woodhouse <
350 Menydale General and Webinar Questions -Nguyen Pham -Outlook
; Maribeth Bushey <maribeth.bushey@cityofsanrafael.org>; Mary.Sackett@marin county.gov
>; End Homelessness <endhomelessness@cityofsanrafael.org>
Hi Susan -Thank you for taking the time to write and share your concerns. I completely understand how frustrating it can feel to learn about a
new project after it's already moving forward, and I don't want you or anyone in the neighborhood to feel unheard or undervalued.
The goal of the 350 Merrydale project is to create a structured, accountable, and service-supported temporary interim housing site not an
encampment. Each participant will sign a Code of Conduct, and there will be 24/7 onsite management and security, fencing, and lighting.
Case management and wraparound services are a central part of the program's success, helping residents move toward permanent housing.
To ensure transparency and that everyone has access to the same information, we've gathered answers to many of the questions raised by
residents in one place: httgs://www.citv.ofsanrafael.org/interim-shelter-site-at-350-merrv.dale-road/
I also want to confirm that the City Council will be considering an additional anti-camping ordinance to help ensure there is no spillover or
unsanctioned camping in nearby neighborhoods.
Your feedback is important, and I've copied our Homelessness and Housing team here so your email becomes part of the public record and
they can make sure your questions continue to be addressed as the process moves forward.
Thanks again for your email.
Kate Colin (she/her/hers)
Mayor, City of San Rafael
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11/10/25, 5:39 PM
m 4ffh SAN RAFAEL
~=Ill· THE CITY WITH A MISSION
.Lt.i,U established 1874
--"'=
From: Susan Woodhouse
Sent: Monday, November 3, 2025 5 :1 7 PM
350 Menydale General and Webinar Questions -Nguyen Pham -Outlook
>
To: Mayor Kate <kate.colin@cityofsanrafael.org>; Maribeth Bushey <maribeth.bushey@cityofsanrafael.org>; Mary.Sackett@marin-county.gov
<Mary.Sackett@marin-county.gov>; Smoultonpeters@marincounty.org <Smoultonpeters@marincounty.org>
Cc: Susan Woodhouse
Subject: 350 Merrydale Rd Project
Dear Mayor Colin, Vice Mayor Bushey, Supervisor Sackett, Supervisor Moulton Peters:
November 3, 202S
A Fmstrated resident of San Rafael Meadows
I am writing in regard to the 350 Merrydale Rd Project I read the artide in the D today "Fmstration builds over homeless cabin site" I am a resident of the Rafael Meadows Neighborhood and feel like my
well being is not being considered with the move from the City Coll.llcil to bring a homeless encampment to San Rafael Meadows, a safe and family oriented neighborl1ood I believe you would be frustrated as
well if others, your city council, were suddenly deciding that a homeless facility is being brought into your neighborhood and you had 110 say in the decision ,
I believe it was quoted at the zoom meeting on 10/28/25 that case managers would be provided for the individuals that wanted to use them for seivices to advance themselves to find housing, and other
co=unity services, and alcohol and dmg rehab It is not a mandatory requirement for these individuals to utilize this senrice. What is the projected goal for these individuals then for living in these tiny
cabins? It was also reported that individuals would not be vetted for criminal history or sex offe11ders I believe that the Mayor and Vice Mayor Bushey, are just removing a problem to create a chaotic
problem in a family orie11ted neighborhood with many small c.llildren and vulnerable seniors
There has been no transparency on other locations that were evaluated for this site I read in today 's D 11/3/2 5, that "When it comes to security there will be round the dock security with perimeter lights and
fencing There will be regular police patrols in the area " The SR Meadows has not had regular police patrols as we have been a safe area ,vith minimal c11me Now you ai·e going to b1111g dtaos and potential
crime to our dose knit co=unity
I find this to be very unacceptable! I would like to know why areas ·with fl.at land in the industrial areas , away from small children and vuluerable elders , were not chosen
Homeless attract homeless, this is how they build their co=unity In the paper it was said that the city would consider restrictions 011 parking to preve11t camping in vehicles in the Rafael Meadows area, it
was also stated that individuals who do not follow the "Code of Conduct'' will be removed from the program, and the city will ensure that those individuals do not reestablish e.ncainpments near the site
Where will those people go then?
I just don 't understand why you are planning to create a possible homeless e11campment in this area Businesses are not happy, this will drive away customers Neighbors are not happy Do you not care for
the health of tax paying citizens and businesses? I believe the Mayor made a promise to get elected to remove that particulai· homeless encampment by April of 2026 I voted for this mayor and now I regret
my vote as a tax paying citizen; I run not being valued
I am asking for the City of San Rafael and the Marin Coll.Illy Board of Supervisors to reexaniine this site and look at other favorable sites with " flat land and electricity and closer to public traiisportation so
they can receive seivices at the Ritter House" We are asking for transparency to the San Rafael Meadows community and slow down this appare11t urgency to fulfil a promise lll3de by a lll3yor to be elected
An Unvalued citizen waiting for your response to this email with real aiiswers
Susan Woodhouse
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11/10/25, 5:39 PM 350 Menydale General and Webinar Questions -Nguyen Pham -Outlook
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Re: Tiny Homes
From Mayor Kate <Kate.Colin@cityofsanrafael.org>
Date Tue 11/4/2025 5:54 PM
To Nanci Grialou
Cc End Homelessness < endhomelessness@cityofsanrafael.org >
Hi Garrett and Nanci -Thank you for reaching out and for sharing your thoughts about the 350 Merrydale proposal. I really appreciate your
engagement and understand the concerns you've raised.
To clarify, the proposed interim housing site is intended to serve people currently experiencing homelessness in San Rafael, not from other
jurisdictions. The goal is to provide a temporary, well-managed, and service-supported location for individuals who are already part of our
community and who want to move toward stability.
I recognize that this announcement may have felt sudden and that the pace of the process can feel fast. Our team is working to answer
questions as quickly and transparently as possible, and all updates are being shared through the project's ..E8Q...P-age .
I've copied city staff on this message so they can include your email as part of the public record and ensure your concerns are heard.
Thank you again for taking the time to write. Your feedback is important as we work to balance compassion, accountability, and safety for
everyone in San Rafael.
Warmly,
Kate
Kate Colin (she/her/hers)
Mayor, City of San Rafael
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11/10/25, 5:39 PM
m Jffh SAN RAFAEL
-,f/!!§ft THE CITY WITH A MISSION
..LOU established 1874
From: Nanci Grialou
Sent: Monday, November 3, 2025 6:46 PM
To: Mayor Kate <kate .colin@cityofsanrafael.org>
Subject: Tiny Homes
Dear Mayor Colin-
350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook
We hope this message finds you well. We are writing to express our concerns regarding the proposed
homeless shelter/Tiny Homes located near our residential neighborhood, which aims to relocate
individuals from a local encampment AND from another city. While we acknowledge the importance of
addressing homelessness, we believe that the site's proximity to our homes will have significant
implications for our community.
First and foremost, the decision to move residents from another city raises questions about fairness and
responsibility. Our neighborhoods should not bear the burden of providing services for individuals from
different jurisdictions, especially when local resources are already stretched thin . It is essential for our
city to prioritize the welfare of its own residents while working collaboratively with neighboring
communities to develop comprehensive solutions to homelessness.
Additionally, the establishment of a shelter in a residential area may lead to increased concerns about
safety, property values, and the overall quality of life for residents . Families are understandably
apprehensive about the proximity of a shelter, which may result in disruptions to the community. we
urge the city to consider alternative locations that would not impact existing residential areas adversely
or projects that focus on comprehensive support and rehabilitation for the homeless.
We implore you to reconsider the planned site for the homeless shelter and engage with residents in a
meaningful dialogue about our community's challenges and opportunities. Together, we can develop fair
and effective solutions that address homelessness while also respecting the needs and concerns of our
community.
Thank you for your attention to this important matter. We look forward to your response.
Sincerely,
Garrett and Nanci Grialou
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Re: 350 Merrydale rd.
From M ayor Kate <Kate.Co lin@cityofsanrafael.org>
Date Tu e 11/4/2025 6:07 PM
To Al ex Stric ker
Cc Lisa Stricker ; End Home lessness <endhome lessness@cityo f sanrafael.org>
Hi Alex -Thanks for reaching out and for your long commitment to San Rafael as both a bus i ness owner and resident. You'll be thrilled to
know that M&H Bread and Butter will be moving into the former Crepevine site and the former Arizamendi has also been re-tenanted .
I remember our conversation about the downtown challenges, and this project is designed to directly address those concerns. I completely
understand that this proposal feels unsettling and it occurs to me that si m i lar concerns came up when the County proposed permanent
supportive housing at South El iseo and i n Corte Madera's Project Homekey. Because of those projects (as we ll as others across the state), we
know this model works. In each case, safety was a concern at the start, and thankfully, those fears did not materialize .
A thought j ust occurred to me -Would it be helpful to connect with some of the neighbors from those projects to hear about the i r
experiences firsthand? Those sites are of course different, as they are permanent supportive housing, wh i le this proj ect will be a temporary
use. Lmk your thoughts on that.
I've cop i ed ou r city team so they can ma ke sure your input is heard and you r comments are part of the pub li c record . You can also reach out
to them directly with any additiona l input and questions.
Appreciate you taking the time to share your thoughts and for co ntinuing to stay engaged.
Warmly,
Kate
Kate Col i n (she/her/hers)
Mayor, City of San Rafael
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11/10/25 , 5:40 PM 350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook
From: Alex Stricker
Sent: Monday, November 3, 2025 9:08 PM
To : Mayor Kate <Kate .Colin@cityofsanrafael.org>
Cc : Lisa Stricker >
Subject: 350 Merrydale rd .
Dear Mayor
I am writing to you today as a long time business owner in downtown San Rafael. For 20 years, I have operated businesses in this
community, and as we discussed during our meeting at my restaurant last year, the challenges posed by the unhoused population have
significantly impacted my ability to run my businesses.
My primary concern, however, is the proposed plan to relocate the homeless encampment to a site 300 yards from my home. This plan has
my wife and our three children, ages 2, 8, and 12 SCARED. My elderly mother, who lives alone just 250 yards away, is SCARED. Our entire
ne ighborhood is terrified by thi s proposal.
I am deeply disappointed by the lack of transparency su rrounding this project. It is incomprehensible that a press conference celebrating
this initiative was held with handshakes and high fives before any community outreach or consultat ion took place. This approach has left
my neighbors feeling angry and uninformed.
The residents of this community deserve to be heard and involved in decisions t hat directly impact their safety and well being. We feel that
this project is being presented as a triumph when it is, in fact, a deeply concerning and poorly communicated plan.
As a resident, a parent, and a business owner, I urge you to consider the profound impact this decision will have on our community. As a
mother If you lived 300 yards from this project, how would you feel?
Regrettably
Alex Stricker
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Outlook
Re: Tiny Homes
From Nanc i Gr ia lou >
Date Wed 11 /5/2025 10:52 A M
To M ayor Kate <Kate.Co li n@cityofsanrafae l.org>
Cc End Homel essness < endhome lessness@cityo f sanrafael.org >
Thank you Mayor Co lin -
We are fu ll supporters of a Tiny Homes project, but NOT smack dab in the m iddle of a ne ighborhood fi l led w ith children/teens/elderly-and
not just this one ne ighborhood, but the others that are close by.
We have a high school close by as well as home ch i ld care providers whose backyards that the chi ldren play in back right up to the
pathway lead ing to the train.
I walk the neighborhood daily and there 's a number of young fema les/teens walking by themselves . I can 't imagine the safety issues this
poses
for them. I am a mother of three grown daughters. We would never put young women o r child ren at that risk of mix i ng the homeless with
young fam i lies and teens.
No one can dispute that the ne ighborhoods will be filled with meande ring Tiny Home res idents. It's a fact.
You do not need to respond as I know you 're very busy -we look forward to the meeti ng tomorrow even i ng. We hope you can represent us
as we elected you into th is position to protect all of us and not just a certain population. Yes , we have compass ion, Trust me, but no one
wants this in the i r backya rd due to safety concerns .
We 've add ressed th is with you and the othe r officials. Should something happen, wh ich it will i n a matter of time, full respons i b i lity lies
with all of you . We know there are other areas in San Rafael to locate a housing project like th is that wouldn 't threaten the community.
And yes , the homeless do deserve compass ion, advocacy, and respect . I have persona lly worked w ith the homeless. BUT common sense is
you don 't mix innocent fam i lies with homeless men and women who struggle w ith mental and/or drug/alcohol add iction in such close
prox i mity to each other.
Thank you
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Sent via iPhone by AT&T
On Nov 5, 2025, at 8:59AM, Mayor Kate <Kate .Colin@cityofsanrafael.org> wrote:
Thank you for responding back and for sharing your perspective. I understand how unsettling this process can feel, and I want to
assure you that no formal vote has been taken on this proposal. City staff continue to review input from residents and update the
FAQs as questions come in so everyone has access to the same information.
Safety -both inside and outside the facility -will remain a top priority. Your questions about security, curfews, and behavior
expectations have been shared with our team and I agree must be addressed.
I appreciate your taking the time to write and to stay engaged as this work continues.
Kate Colin (she/her/hers)
Mayor, City of San Rafael
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From: Nanci Grialou >
Sent: Tuesday, November 4, 2025 7:00 PM
To: Mayor Kate <Kate .Colin@cityofsanrafael.org>
Cc: End Homelessness <endhomelessness@cityofsanrafael.org>
Subject: Re: Tiny Homes
Thank you Mayor Colin
Each response we are receiving from your "team" sounds like you want to hear from us but it's clear you are all moving
forward with this despite our thoughts/concerns. It's so very disappointing.
We would like to ask what amount of security will be provided OUTSIDE of the facility? Safety inside is not a concern of ours.
It's our safety and neighbors safety on the outside of the gates. I worked in a homeless shelter while obtaining my Masters in
Social Work and am very well versed in homelessness .
Every day there are Many hours of Idle time for these residents where they will be meandering through our neighborhoods.
There are young families and children/youth literally living next door to the shelter as well as spread out through several
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neighborhoods. We doubt any of you want to have something happen to the innocent but you are risking their safety. We
can't imagine being guilty of making the wrong decision to house this facility in this neighborhood and someone being
harassed or god forbid harmed. It will be just a matter of time. You can't mix these 2 cultures . It doesn't work. How do you
plan to control that?
How do you plan to control drug and alcohol use outside of the facility? Needles? Bottles/garbage? Is there going to be a
curfew?
It is extremely poor planning to just plant a homeless shelter in the middle of a neighborhood -we would like to know how
many councilman/supervisors etc . have homes in the vicinity of the shelter?
Clearly this wouldn't be happening in their neighborhood, right?
Please do the right thing and find a location that doesn't jeopardize the safety of anyone. It does exist. The FAQ page does not
answer any of these questions.
Sincerely,
Garrett and Nanci Grialou
Sent via iPhone by AT&T
On Nov 4, 2025 , at 5:54 PM, Mayor Kate <Kate.Colin@cityofsanrafael.org> wrote:
Hi Garrett and Nanci -Thank you for reaching out and for sharing your thoughts about the 350 Merrydale proposal. I
really appreciate your engagement and understand the concerns you've raised.
To clarify, the proposed interim housing site is intended to serve people currently experiencing homelessness in San
Rafael , not from other jurisdictions. The goal is to provide a temporary, well-managed, and service-supported
location for individuals who are already part of our community and who want to move toward stability.
I recognize that this announcement may have felt sudden and that the pace of the process can feel fast . Our team is
working to answer questions as quickly and transparently as possible, and all updates are being shared through the
project's ffiQ_gagg_.
I've copied city staff on this message so they can include your email as part of the public record and ensure your
concerns are heard.
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Thank you again for taking the time to write. Your feedback is important as we work to balance compassion,
accountability, and safety for everyone in San Rafael.
Warmly,
Kate
Kate Colin (she/her/hers)
Mayor, City of San Rafael
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From: Nanci Grialou
Sent: Monday, November 3, 2025 6:46 PM
To: Mayor Kate <kate.colin@cityofsanrafael.org>
Subject: Tiny Homes
Dear Mayor Colin-
We hope this message finds you well . We are writing to express our concerns
regarding the proposed homeless shelterrriny Homes located near our residential
neighborhood, which aims to relocate individuals from a local encampment AND from
another city. While we acknowledge the importance of addressing homelessness, we
believe that the site's proximity to our homes will have significant implications for our
community.
First and foremost, the decision to move residents from another city raises questions
about fairness and responsibility. Our neighborhoods should not bear the burden of
providing services for individuals from different jurisdictions, especially when local
resources are already stretched thin . It is essential for our city to prioritize the welfare
of its own residents while working collaboratively with neighboring communities to
develop comprehensive solutions to homelessness.
Additionally, the establishment of a shelter in a residential area may lead to increased
concerns about safety, property values , and the overall quality of life for residents.
Families are understandably apprehensive about the proximity of a shelter, which
may result in disruptions to the community. we urge the city to consider alternative
locations that would not impact existing residential areas adversely or projects that
focus on comprehensive support and rehabilitation for the homeless.
We implore you to reconsider the planned site for the homeless shelter and engage
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with residents in a meaningful dialogue about our community's challenges and
opportunities. Together, we can develop fair and effective solutions that address
homelessness while also respecting the needs and concerns of our community.
Thank you for your attention to this important matter. We look forward to your
response.
Sincerely,
Garrett and Nanci Grialou
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Outlook
350 Merrydale
From Jeff Ryan
Date Sun 11/9/2025 2:03 PM
To End Homelessness < Endhomelessness@cityofsanrafael.org>
Hello Director Cooperman: my name is Jeff Ryan and I live on , the streetjust one up from Merrydale. Our neighborhood
will be impacted by the city's seemingly "done deal" plans for a homeless encampment.
Some of my concerns (shared by many neighbors, as you are no doubt already aware) are around issues that could have been ameliorated
early on, had we been allowed access to the city's plans and process We were excluded, kept in the dark while select city officials as well as
SRPF/SRFD and other constituents were fully enlightened. We were not allowed the kind of collaboratory input that might've resulted in a
less contentious and worrisome outcome. I can pretty well guarantee that if this was your neighborhood, you'd feel very much as we do.
To be clear, homelessness is a problem in desperate need of a solution absolutely. And, I despise the NIMBY mindset, so that is not
where I'm coming from here. Rather, my disappointment is that we were not given the respect of even reasonable notice on the city's
implementation of its plan . The Smart Train is close by, but we're the ones who feel railroaded here.
There are a wide variety of issues our neighborhood feels have not been adequately addressed (and yes, I've read the FAQs and they do
not satisfy). My own, as of this writing, are ones of safety and quality of life for those of us who already live here. We have many young
children in this neighborhood, some in close proximity to the encampment; while my heart goes out to the "Tom Joad" variety of unhoused
individuals, it is the mentally ill and those with substance addictions that concern me here. I understand the proposed safety/security
measures planned for the encampment itself (it remains to be seen if those will be sufficient), but we all know that the surrounding area
will be filled with those drawn to the services on offer, while not actually staying in the encampment due to an aversion to sign in/out
protocols and the other rules. It is these individuals that pose the biggest threat to our sense of security in our own neighborhood.
Many unhoused folks live in their cars once it becomes known that lunch and health services are available at 350, these cars will be
parked all along our streets, where our children play. You are setting up a situation where, at best, we are all being called upon to be
hyper vigilant in our surroundings, where once we so glad to be living in a safe neighborhood with no through traffic, we'll now be forced
to be quite circumspect. Sorry kiddos, you can't go out to ride your bike or shoot hoops in front of the house because Mommy/Daddy
can't sit out there with you just now ....
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What I ask -and I think most neighbors would agree -is that you take a beat, give us the chance to have actual input that can be turned
into actionable policy for our neighborhood. Rather than foist this upon us, let us be part of a solution that addresses our, quite justified,
concerns . Thank you .
p.s. when I used the word ·~ustified" in the final paragraph, it is because we 've had conversations with members of SRPD who've confirmed
that the issues I described are indeed the case at the Anderson encampment, and at most others as well .
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Outlook
350 Merrydale
From Jeff Ryan
Date Tue 11/11/2025 1 :45 PM
To End Homelessness < Endhomelessness@cityofsanrafael.org>
Hello Director Cooperman: I wrote to you recently to express some concerns I have about the homeless encampment planned for a site in
our neighborhood. In addition to the issues I raised previously, I'd like to ask what the thinking was in planning for a site so removed from
the services this population will need.
Where will they go for breakfast and dinner (since we 've been told you'll provide lunch only, and there are no cook i ng facilities in the
"cabins")? I wonder if anyone has thought through the ramifications of these people wandering up to the Northgate Mall area, or down
Merrydale to the fast food establishments. There is an elder care facility right on that route, and it is also a school bus route; will our aged
and youthful neighbors feel safe to be outside?
Where will they go for financial issues (check cashing, etc.)?
Health issues, both physical and mental, rarely occur conveniently during the working hours of the on site (9 5) staff you've said will be
provided what happens when individuals have "episodes" outside of these hours? Are our neighbors, esp. those in closest proximity,
supposed to call SRPD every time this happens? That hardly seems a good use of our police officers, What mental/physical health options
will these people have, considering your plan to locate them here, far from access to the help they may need?
As I mentioned in my previous message, the provided FAQs do not adequately address these (and other) concerns, and both the Zoom
presentation and the JCC meeting felt more like sales pitches than an honest attempt to involve our community.
I did receive some information from Mayor Colin and from Supervisor Sackett, and was told my concerns would be made part of the public
record . I would appreciate the same respectful response from you.
Thank vou, Jeff Rvan
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Outlook
Re: Invitation to Visit 350 Merrydale and Meet with Neighborhood Representatives Before the November 17 Vote
From Rachel Kertz < Rachel.Kertz@cityofsanrafael.org >
Date Tue 11/11/2025 9:34 AM
To Ken Casey >
Cc End Homelessness < endhomelessness@cityofsanrafael.org >
Hi Ken,
Thank you for your message, invitation, and for the continued engagement from the Rafael Meadows and surrounding neighborhoods. I
understand how important this project is to nearby res idents and truly appreciate the time and effort being invested to share your
perspectives.
I've visited the Merrydale site , and the surround in g area , many times. I am very famil iar with the area and the neighborhoods. For that reason
-and to maintain fairness and transparency for all part ies-I will not be meeting individually or in small groups ahead of the Council vote. It's
important that all Counci lmembers receive the same information and consider community input through the public process. As you know we
will be meeting in person on Monday, Nov. 17th and emails can be sent to endhomelessness@cityofsanrafael .org .
I look forward to hearing your ideas and suggestions at the Council meeting and through the forma l channe ls that ensure every voice is heard
equally and on the record. I am reading all letters sent to me and they will a lso be included in the pub li c record.
Thank you again for your understanding and for your continued commitment to our commun ity.
Best,
Rachel
Rachel Kertz (she/her/hers)
To learn more: htt12s://vivalon.org/what-about-aggf_
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11 /11/25, 2:15 PM
From: Ken Casey >
Sent: Monday, November 10, 2025 5:56 PM
To : Rachel Kertz <rachel.kertz@cityofsanrafael.org>
In box -Nguyen Pham -O utlook
Subject: Invitation to Visit 350 Merrydale and Meet with Neighborhood Representatives Before the November 17 Vote
Dear Rachel Kertz,
I hope this note finds you well. I'm writing on behalf of our San Rafael Meadows, Redwood Village and Merrydale communities to respectfully
invite you to meet in person at the 350 Merrydale property ahead of the City Council's scheduled vote on November 17.
On Saturday we had a neighborhood walkabout on and around the property and many of us feel it's essential that Council members have the
opportunity to see the site and vicinity firsthand and hear directly from those who live in the surrounding area . We would like to share some
new and specific concerns about the City's plan for the homeless shelter/housing project and especially the impact it will have on nearby
neighborhoods and the broader community following recent conversations with the SRPD.
To make this convenient for you, we are arranging small-group meetings with individual Council members on separate days this week. The
visit would take no more than 3Q-45 minutes, and we would be happy to accommodate your schedule .
We believe that a brief, on-site conversation will provide valuable context and help ensure that the Council's upcoming decision reflects both
the project's intent and the realities faced by those who will be most directly affected.
Please let me know a day and time next week that works best for you -we will gladly adjust to your availability.
Thank you very much for your time, consideration, and service to our community. We sincerely hope you'll join us for this important
discussion before the vote.
Warm regards,
Ken Casey
On behalf of the San Rafael Meadows, Merrydale and Redwood Village residents .
Sent from Outlook
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11/12/25 , 8:21 AM lnbox -Nguyen Pham -Outlook
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FW: FW: Concerns and Recommendations Regarding Proposed Homeless Transitional Housing Plans
From Brenna Nurmi <Brenna.Nurmi@cityofsanrafael.org>
Date Wed 11/12/2025 8:13 AM
To Nguyen Pham <Nguyen.Pham@cityofsanrafael.org>
Cc Distrib-City Clerk <City.Clerk@cityofsanrafael.org>
Hi N,
Please add this one to your correspondence that you are redacting at this time.
Thanks,
B
From: Betty Shea
Sent: Tuesday, November 11, 2025 7 :3 0 PM
To: Distrib-City Clerk <city.clerk@cityofsanrafael.org>
Subject: FW : FW : Concerns and Recommendations Regarding Proposed Homeless Transitional Housing Plans
Importance: High
City Clerk Lyndsay Lara ,
This letter was sent to Mayor Kate Colin and want it placed on the public records and attached to the published City Council ;
Agenda for next week's meeting on Nov. 17 .
Thank you ,
Betty Shea
Dear Mayor Colin,
I am writing to express serious concerns regarding the County's proposed homeless transitional fac i lity and to urge a more thoughtful
and effective approach that meets real homeless needs while respecting and protecting San Rafael neighborhoods.
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11/12/25 , 8 :21 AM lnbox -Nguyen Pham -Outlook
While the community recognizes the urgent need to address homelessness, the current approach is not aligned with long-term success
or neighborhood appropriateness. I respectfully ask that the City and County reconsider the location and structure of this proposal
based on the following points:
1. Appropriate Location and Successful Outcomes:
Homeless transitional facilities should be sited in locations that minimize negative impacts on existing neighborhoods and
maximize the likelihood of successful outcomes for participants. Integrating such facilities into residential neighborhoods
without adequate planning or transparency creates unnecessary strain for both residents and program participants.
2. Fiscal Responsibility and Efficient Use of Funds:
The County's proposed budget of $8 million for land purchase and startup costs is excessive and could be more
effectively redirected. These funds would have a far greater impact if allocated to a rent voucher program, allowing
immediate re-housing for the majority of those in need. Remaining funds could then be used to support essential
wraparound services that lead to lasting stability.
3. Focus on Permanent Housing Solutions:
Homeless funding should prioritize hard housing solutions (permanent, stable homes) not temporary "tiny home"
villages or public relations initiatives. These short-term measures often fail to provide the sustainable outcomes our
community needs.
4. Lack of Transparency and Community Engagement:
Elected officials should have proactively communicated with district residents as this plan was developing, ensuring a
transparent process and broad-based input from all stakeholders. Unfortunately, this did not occur, leaving residents
feeling blindsided and unheard.
5. Neighborhood Engagement and Willingness to Collaborate:
Local residents are ready and willing to collaborate on realistic solutions that work for both the neighborhood and San
Rafael's broader affordable housing goals, particularly if the property is not County-owned and better integrated into the
City's long-term housing strategies.
6. Concerns About Sudden Relocation and Impacts:
Relocating unhoused individuals from one area of San Rafael to another without transparency or neighborhood notice is
unacceptable. Transitioning people methodically into permanent housing is the responsible path forward. Many, perhaps
½ to ¾ could be successfully re-housed through immediate housing vouchers if funding were reallocated
accordingly.
7. Neighborhood Impacts:
As we have seen from previous encampments, there are real and measurable impacts to nearby neighborhoods. Moving
an encampment into close proximity to residential areas will likely recreate these same challenges, which should be
avoided through better planning.
Our elected representatives, including You, Councilmember Maribeth Bushey (District 3), Supervisor Mary Sackett, and
Councilmember Rachel Kertz (District 4), owe residents transparency and accountability in this process. We ask for a pause in current
planning efforts and a renewed , collaborative discussion to identify an approach that meets both community and humanitarian needs.
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11/12/25 , 8 :21 AM lnbox -Nguyen Pham -Outlook
Thank you for your attention to these concerns . I look forward to your leadership in ensuring that San Rafael pursues real, effective, and
equitable solutions to homelessness that serve all members of our community.
Respectfully,
Betty Shea
Direct:
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Re: 350 Merrydale alternative sites
From John Stefanski <John .Stefanski@cityofsanrafael.org>
Date Wed 11/12/2025 1:47 PM
To Eoin Sheeran
Cc End Homelessness < endhomelessness@cityofsanrafael.org >
Moving the Councilmembers to BCC.
Good afternoon Eoin,
Thank you for reaching out. Our team is still working on the matrix for the various sites we looked at and will have that up on the website later this week.
Regarding the MacPhail's property: As I mentioned to you last week, this property is owned by the School District, not the City. Furthermore, the property
itself is located outside of San Rafael's City Limits-the property is in unincorporated Santa Venitia. The City's search for properties only included those
which are in our jurisdiction. We did this because by having a project within our own boundaries, the City then has complete control over public safety
response as well as authority over regulatory approvals for the future affordable housing project. The County was also only willing to partner with the City
for a property within the City itself.
Those points aside, while the MacPhail property may be cheaper on a per acre basis, it would have required extensive site prep work and would lack the
usable space for providing on-site services; all of which would have likely made a project there more expensive and thereby more fiscally irresponsible.
Merrydale was ultimately identified as most feasible and cost-effective option because of its quick site preparation, existing utilities, and ability to provide
supportive services on-site. It is also well-located for the ultimate affordable housing project as it's close to transit, grocery stores, and community
services. The MacPhail property doesn't compare as favorably.
Lastly, I will add that the purchase price for the Merrydale Property is $6.7M. The City had the property appraised which validated this price.
I appreciate you sharing your perspective on this. Please don't hesitate to reach back out if you have any other questions.
Thanks,
John
John Stefanski I City of San Rafael
Assistant City Manager
1400 5th Avenue, Room 203
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11/12/25 , 2:06 PM
San Rafael, CA 94901
415.485.3475
John,stefanski@cjtvofsanrafaei,org
Pronouns: He/Him (What are P.ersona l P.ronouns?)
~ !!~~T~!!!o~
From: Eoin Sheeran >
Sent : Monday, November 10, 2025 11:23 AM
To : John Stefanski <John .stefanski@cityofsanrafael.org>
l nbox -Nguyen Pham -Outlook
Cc : Mayor Kate <kate.colin@cityofsanrafael.org>; End Homelessness <endhomelessness@cityofsanrafael.org>; Maribeth Bushey
<maribeth.bushey@cityofsanrafael.org>; Rache l Kertz <rachel.kertz@cityofsanrafael .org>
Subject: 350 Merryda le alternative sites
John,
I spoke with you on Thursday at the JCC. I asked you if you or the city cou ld provide the criteri a for eva l uating each of the 20 sites that were
l ooked at whi le searching for a suitabl e location for this project. You tol d me that information was on l ine, but I can't fi nd it. I can only find the
l ist of sites. Do you have the resu lts for each l ocation showing why they were ru led out? I woul d imagine each site was thoroughly ana l yzed
and wou ld have a fil e wi th all of that information i n it?
I al so asked you about another al ternative site that was not on your l ist: McPhail El ementary School property at 1565 Vendola Drive. Was this
site looked at? It is a 9.75 acre site that is for sa le for $6 million. The 350 Merrydal e property is on ly 2.3 acres and you plan to purchase it for
$7.3 million. How do those numbers make sense? It is fiscally i r responsibl e to spend that much money on a site, when you currently own a site
that is four times bigger and has comparabl e amenities.
I wou l d appreciate an answer my questions, and not just a referral to the FAQ webpage as you did on Thursday.
Thanks,
Eo i n Sheeran
https://outlook.office365.com/mail/none/id/AAkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABnBrHuQAA 2/2
11/12/25, 2 :06 PM lnbox -Nguyen Pham -Outlook
Outlook
Re: 350 Merrydale
From John Stefanski <John .Stefanski@cityofsanrafael.org>
Date Wed 11/12/2025 1:58 PM
To
Cc End Homelessness < endhomelessness@cityofsanrafael.org >
Good afternoon Bernie,
Thanks for reaching out and I appreciate your suggestion. I have my team working on that and we're aiming to have it up on the website by the end of the
week. Our team will follow up with you once it's there.
Best,
John
John Stefanski I City of San Rafael
Assistant City Manager
1400 5th Avenue, Room 203
San Rafael, CA 94901
415.485.3475
John.Stefanski@citv.ofsanrafael.org
Pronouns : He/Him (What are Rersonal Rronouns?)
~ ~~~:T~!!;o~
From:
Sent: Monday, November 10, 2025 11:28 AM
To: John Stefanski <John.stefanski@cityofsanrafael.org>
Subject: 350 Merrydale
Hi John:
Another gripe letter from a Rafael Meadows resident
https ://outlook .office365 .com/mail /none/i d/AAkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABnBrHuwAA 1/2
11 /12/25, 2:06 PM l nbox -Nguyen P ham -Outlook
I attended the Oct 28th meeting as well as the recent JCC meeting and plan to be at the Nov. 17th meeting as well.
While I sympathize with the need to provide long term solutions for our homeless residents, I decry the secretive nature and lack
of adequate notice for local residents to participate in the process. But, I'm guessing you've heard this ad nauseam .
I've been looking at the 21 "alternative" sites listed by the City, it would be helpful if the criteria for rejecting each site were listed.
Empty lots close to social services are rejected , but no reason given (eg , utility availability, building costs).
I'd point out, that with a slow down of this project the Meadows would likely mobilize a bunch of us to look for alternative sites. Might
prove helpful or lead to resignation about the lack of appropriate alternatives_
Bernie Samet
https://outlook.office365.com/mail/none/id/AAkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABnBrHuwAA 2/2
11/12/25, 2:06 PM
Outlook
Fw: 350 Merrydale In-Person Meeting Request
From Lindsay Lara <Lindsay.Lara@cityofsanrafael.org>
Date Wed 11/12/2025 2:05 PM
To End Homelessness <endhomelessness@cityofsanrafael.org>
From: Eli Hill <Eli.Hill@cityofsanrafael.org>
Sent: Wednesday, November 12, 2025 1:48 PM
To:
Cc: Distrib-City Clerk <City.Clerk@cityofsanrafael.org>
Subject: Re: 350 Merrydale In-Person Meeting Request
Dear Mr. Dickinson,
lnbox -Nguyen Pham -Outlook
Thank you for reaching out and for your continued engagement regarding the 350 Merrydale Project. I appreciate the time and thought your
neighborhood committee has dedicated to understanding the proposal and sharing your perspectives.
While I'm unable to meet in person this week due to scheduling constraints, I welcome your input and value the concerns raised by the Rafael Meadows,
Merrydale, and Redwood Village communities. To ensure your message is part of the public record, I've included the City Clerk on this email.
Please feel free to share any additional thoughts, questions, or materials by email.
Much appreciated,
Eli
Eli Hill
Councilmember District 2, City of San Rafael
Pronouns: he, him, his
https ://outlook .office365 .com/mail /none/id/MkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABnBrJrAM 1/2
11/12/25, 2 :06 PM
ii~~ dfh SAN RAFAEL
l 'f/J!lRn THE CITY WITH A MISSION
UV established 1874
From:
Sent: Tuesday, November 11, 2025 5:59 PM
To: Eli Hill <eli.hill@cityofsanrafael.org>
Subject: 350 Merrydale In-Person Meeting Request
Dear Council member Hill :
lnbox -Nguyen Pham -Outlook
I called earlier today regarding the 350 Merrydale Project. Since the October 28 Virtual Event and the November 6 JCC Listening
Session, our neighborhood has learned more about the proposal. We would like to invite you to engage with us in person to better
understand our concerns.
Have you had a chance to visit the 350 Merrydale site ahead of the Public Hearing on Monday, November 17? During our
walkthrough this past Saturday, we focused on nearby "grey areas" where homeless encampments have been reported-
particularly the Caltrans-owned land between Highway 101 and the property. We also spoke with the San Rafael Police
Department, who provided helpful insight into what the community might expect if the City Council approves the purchase.
A small group from our neighborhood committee would greatly appreciate meeting with you at the site this week to share our
perspectives in person. Could you please let us know a date and time that would work for you?
Sincerely,
Ken Dickinson
Rafael Meadows, Merrydale and Redwood Village Neighborhoods.
https://outlook.office365 .com/mail/none/id/AAkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABnBrJrAAA 2/2
11/12/25, 2:07 PM lnbox -Nguyen Pham -Outlook
Outlook
Fw: 350 Merrydale Visit: Meet with Neighborhood Representatives Before the November 17th Vote
From Lindsay Lara <Lindsay.Lara@cityofsanrafael.org>
Date Wed 11/12/2025 2:05 PM
To End Homelessness <endhomelessness@cityofsanrafael.org>
From: Eli Hill <Eli.Hill@cityofsanrafael.org>
To:
Cc: Distrib-City Clerk <City.Clerk@cityofsanrafael.org>
Subject: Re: 350 Merrydale Visit: Meet with Neighborhood Representatives Before the November 17th Vote
Dear Carter,
Thank you for reaching out and for your continued engagement regarding the 350 Merrydale Project. I appreciate the time and thought your
neighborhood committee has dedicated to understanding the proposal and sharing your perspectives.
While I'm unable to meet in person due to scheduling constraints, I welcome your input and value the concerns raised by the Rafael Meadows, Merrydale,
and Redwood Village communities. To ensure your message is part of the public record, I've included the City Clerk on this email.
Please feel free to share any additional thoughts, questions, or materials by email.
Much appreciated,
Eli
Eli Hill
Council member District 2, City of San Rafael
Pronouns: he, him, his
https ://outlook .office365 .com/mail /none/id/MkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABnBrJrwM 1/3
11/12/25, 2 :07 PM
ii~~ dfh SAN RAFAEL
l 'f/J!lRn THE CITY WITH A MISSION
UV established 1874
From:
Sent: Monday, November 10, 2025 1:08 PM
To: Eli Hill <eli.hill@cityofsanrafael.org>
lnbox -Nguyen Pham -Outlook
Subject: 350 Merrydale Visit: Meet with Neighborhood Representatives Before the November 17th Vote
Dear Councilmember Hill,
I hope this note finds you well. Following up on my voicemail. I'm writing on behalf of our San Rafael Meadows, Redwood Village and
Merrydale communities to respectfully invite you to meet in person at the 350 Merrydale property ahead of the City Council's scheduled
vote on November 17th.
On Saturday we had a neighborhood walkabout on and around the property and many of us feel it's essential that Council members have
the opportunity to see the site and vicinity firsthand and hear directly from those who live in the surrounding area . We would like to share
some new and specific concerns about the City's plan for the homeless shelter/housing project and especially the impact it will have on
nearby neighborhoods and the broader community following recent conversations with the SRPD.
To make this convenient for you, we are arranging small group meetings with individual Council members on separate days next week. The
visit would take no more than 30-45 minutes, and we would be happy to accommodate your schedule .
We believe that a brief, on site conversation will provide valuable context and help ensure that the Council's upcoming decision reflects
both the project's intent and the realities faced by those who will be most directly affected.
Please let me know a day and time next week that works best for you -we will gladly adjust to your availability.
Thank you very much for your time, consideration, and service to our community.
We sincerely hope you'll join us for this important discussion before the vote.
Warm regards,
https://outlook.office365 .com/mail/none/id/AAkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABnBrJrwAA 2/3
11/12/25, 2:07 PM lnbox -Nguyen Pham -Outlook
Carter Phelps
On behalf of the San Rafael Meadows, Merrydale and Redwood Village residents
Carter Phelos
https://outlook.office365.com/mail/none/id/MkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABnBrJrwM 3/3
11/12/25 , 2:22 PM
Outlook
FW: Follow up on Tuesday's commitments
From Brenna Nurmi <Brenna.Nurm i@cityofsanrafae l.org >
Date Wed 11/12/2025 2:16 PM
To Nguyen Pham <Nguyen .Pham@cityofsanrafae l.org >
Cc Distrib-City Clerk <City .Clerk@cityofsanrafael.org >
Please add t his to you r co r respo nd ence , N.
From: Maryellen Mullin Fong >
Sent: Wednesday, November 12, 2025 1:43 PM
To : Distrib -City Clerk <city.clerk@cityofsanrafael.org>
Subject: Fwd : Follow up on Tuesday's commitments
FW : Follow up on Tuesday's comm itments -Nguyen Pham -Outlook
I w oul d like all my correspon dence wi t h the Mayor below submitted for publ ic records .
Respectfu I ly,
M arye ll en
about:blank 1/10
11/12/25, 2:22 PM
Maryellen Mullin FonQ
----------Forwarded message ---------
From: Mayor Kate <~yofsanrafael org,>
Date: Mon, Nov 3, 2025 at 2 :35 PM
Subject: Re : Follow up on Tuesday's commitments
To: Maryellen Mullin Fonq >
FW : Follow up on Tuesday's commitments -Nguyen Pham -Outlook
CC: Betty Shea aribeth Bushey <maribeth .busheY..@citY.ofsanrafael.orq >, Marv Sackett
<Marv~S~ackeJt e essness <endhomelessness@cltvJ>fsanraf e .o _
>, judith
Hi Ms . Mullin Fong -Thank you for following up. I'm sorry my earlier message came across in a way that felt disrespectful as of course that
wasn't my intention. My reference to your professional background was meant only to acknowledge the valuable perspective you bring as a
member of the community.
I understand that safety and transparency are central concerns , and I appreciate you continuing to share your perspective . Your feedback
helps inform how we communicate with residents as this process moves forward .
Kate Colin (she/her/hers)
Mayor, City of San Rafael
about:blank 2/10
11/12/25, 2:22 PM FW : Follow up on Tuesday's commitments -Nguyen Pham -Outlook
RAFAEL
THE CITY WITH A MISSION
established 1874
Subject: Re : Follow up on Tuesday's commitments
Dear Mayor Colin,
Thank you for your response . However, the information I requested still does NOT appear in the City's FAQs -specifically regarding safety, sex
offenders, or crime statistics . These are central issues for our community, and continuing to defer to the FAQ without addressing these questions
directly is unacceptable.
about:blank 3/10
11/12/25, 2:22 PM FW : Follow up on Tuesday's commitments -Nguyen Pham -Outlook
Additionally, your reference to my professional background is inappropriate. If you are suggesting that my expertise as a licensed clinical
psychotherapist could be of service to the City, you may formally contract and compensate me for that work. I have over twenty years of professional
experience, and it is deeply disrespectful -and frankly insulting -to imply that I should volunteer that expertise while my own family's safety is being
jeopardized by your administration's decisions .
I again ask that you provide direct, transparent answers to the specific safety and crime-related concerns raised by myself and others in the community.
Respectfully,
Maryellen Mullin Fong, LMFT
Maryellen Mullin FonQ
On Mon, Nov 3, 2025 at 11 :03 AM Mayor Kate <Kate.Colin@Q.tyofsanrafael.org > wrote:
Hi Maryellen and all cc'd on this email -Thank you for your continued engagement. I understand your concerns and agree that safety and
transparency are essential as we move forward. The questions you and others have raised are being addressed through the City's FAQ so
about:blank 4/10
11/12/25, 2:22 PM FW: Follow up on Tuesday's comm itments -Nguyen Pham -Outlook
that everyone has access to the same , accurate information. Th is approach ensures cons istency and improves transparency by sharing
updates publicly rather than responding to individual emails.
I see from your signature l ine that you 're a family therapist, and your perspective will be valuable in the upcoming discussions around the
Good Neighbor Policy and Code of Conduct , which are focused on ensuring safety, accountability, and mutual respect. So thank you again
for your advocacy and commitment to our community.
Kate Colin (she/her/hers)
Mayor, City of San Rafael
SAN RAFAEL
THE CITY WITH A MISSION
established 1874
From: Maryellen Mullin Fong
Sent: Saturday, November 1, 2025 9 :33 AM
To: Mayor Kate • • ==== >
Cc: Betty Shea Maribeth • • • • ,gW£,>; End
Homelessness <endhomelessness@_myofsanrafael.om >;
about:blank 5/10
11/12/25 , 2:22 PM FW: Follow up on Tuesday's commitments -Nguyen Pham -Outlook
>; j udith alien
Subject: Re : Follow up on Tuesday's commitments
Dear Mayor Kate,
My questions are not being addressed anywhere in your ema ils , or on your FAQs:
1) When w ill the Code of Conduct be on the FAQ?
2) When will the 20 sites be listed , as promised on the zoom meeting by Daniel Cooperman on the FAQ?
3) When will crime stats of the current encampment be released? We are all reading the police reports that do get released , and most crime
takes place near the current encampment on Andersen. We want to know how many registered and unregistered sex offenders you plan to
move into our neighborhood , near our daycares and around our children. The fact that you are not answering , makes us assume, you are
hiding these facts.
You are not working with us, and until you answer our questions, I do NOT believe you take my safety, the safety our our most vulnerable ,
our children , and our elderly in th is community, seriously.
Respectfully,
Maryellen Mullin Fong
about:blank 6/10
11/12/25, 2:22 PM FW : Follow up on Tuesday's commitments -Nguyen Pham -Outlook
On Fri, Oct 31, 2025 at 2:36 PM Mayor Kate <Kate .Colin@citY.ofsanrafael.org.> wrote :
about:blank
Hi Maryellen and Betty -Thank you both for continuing to stay engaged and for sharing your thoughts. I know how closely you've been
following this process, and I appreciate the time and care you 've taken to raise questions and share feedback.
Staff are continuing to update the FAQ page as new information becomes available, and your input helps ensure that the community's
concerns are reflected in those updates.
Warm regards,
Kate
Kate Colin (she/her/hers)
Mayor, City of San Rafael
7110
11/12/25, 2:22 PM FW: Follow up on Tuesday's commitments -Nguyen Pham -Outlook
about:blank
From: Betty Shea
Sent: Thursday,
To: Maryellen Mullin F
-:a;j@,,
' SAN RAFAEL
THE CITY WITH A MISSION
established 1874
Cc : Maribeth Bushey <maribeth,bushev..@.mvofsa n rafa • • • • • f sanrafaeLonz >; End
Subject: Re: Follow up on Tuesday's commitments
Well said!! I hope they get it!
Betty
On Oct 30, 2025, at 9:31 PM , Maryellen Mullin Fong< rote:
8/10
11/12/25, 2:22 PM
about:blank
FW. Follow up on Tuesday's commitments -Nguyen Pham - Outlook
Dear Mayor Colin, Ms. Bushey, Mr. Cooperman, and Ms. Sackett,
During Tuesday's recorded and highly controlled Zoom meeting, each of you assured the community that the list of the 20 proposed
sites would be disclosed and made public by today, Thursday. As of now, these sites are still not listed in the FAQs for 350 Merrydale.
In addition, we requested that the Code of Conduct be shared and defined, as it remains unclear what this refers to-yet it was
repeatedly mentioned throughout the Zoom call. This is public information, and withholding it only deepens community concerns
about transparency.
We also continue to request the crime statistics from the current encampments. Many neighbors and mothers have asked for this data,
yet it was again deferred by the Lieutenant during the meeting.
Frankly, our community is growing weary of elected officials holding closed-door discussions and limiting public access to essential
information. These decisions affect all of us, and we expect open communication, not secrecy.
Until transparency and accountability are restored, you no longer have my vote or trust.
Respectfully,
Maryellen Mullin Fong -
9/10
11/12/25, 2:22 PM FW : Follow up on Tuesday's commitments -Nguyen Pham -Outlook
Maryellen Mullin Fon~
about:blank 10/10
Comments from November 6, 2025, Open House Event/ Special City Council Meeting
11 /12/25, 3:13 PM lnbox -Nguyen Pham -Outlook
Outlook
FW: 350 Merrydale -Tiny Homes Project I New submission from Contact the City Clerk's Office
From Brenna Nurmi <Brenna.Nurmi@cityofsanrafael.org>
Date Wed 11/12/2025 3:10 PM
To Nguyen Pham <Nguyen.Pham@cityofsanrafael.org>
Cc Distrib-City Clerk <City.Clerk@cityofsanrafael.org>
Here is another, N.
8
From:
Sent: Wednesday, November 12, 2025 2:35 PM
To: Distrib-City Clerk <city.clerk@cityofsanrafael.org>
Subject: 350 Merrydale -Tiny Homes Project I New submission from Contact the City Clerk's Office
Name
Bernard Samet
Email
Subject
350 Merrydale -Tiny Homes Project
Message
Lara please add this to the public comments for the Nov. 17th meeting.
As of Nov 12th, there are no reasons posted on SR's website as to why the 21 alternative sites were rejected by theCity.
Without knowing the reasons, we are being kept in the dark and cannot make our own assessments. Is it possible these sites were selected AFTER the project was
given the green light? 5 of the 21 sites are already being renovated/under construction. FYI, sites 6 and 19 are actually the same site (Yacht Way and Terrapin)
https://outlook.office365.com/mail/i nbox/id/AAkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0AvYZfAjdaN0mMbVApQjCGlwAAYDBTGQAA 1/1
From: Betty Shea
Sent: Wednesday, November 12, 2025 8:26 PM
To: Mayor Kate <kate.colin@cityofsanrafael.org>; Maika Llorens Gulati <maika@cityofsanrafael.org>; Eli
Hill <eli.hill@cityofsanrafael.org>; Maribeth Bushey <maribeth.bushey@cityofsanrafael.org>; Rachel
Kertz <rachel.kertz@cityofsanrafael.org>; Distrib- City Clerk <city.clerk@cityofsanrafael.org>
Cc: opinion@marinij.com; Richard Halstead, Marin IJ <rhalstead@marinij.com>; Cameron Macdonald
<cmacdonald@marinij.com>; Steven Rosenfeld, Marin IJ <srosenfeld@marinij.com>
Subject: 350 Merrydale – For Immediate Posting and Inclusion on the City Council Agenda
Dear City Council,
It is appalling that you have advanced as far as you have with the bait and switch on 350
Merrydale without a robust public process. You have all defied the trust of your constituents; if
you move forward, it will be in direct contravention of the will of the people.
To date, there is no Environmental Impact analysis or report for this site, as required by the
State-certified Housing Element or specific to any consideration for a homeless compound. This
is simply egregious, and we demand that you immediately rescind any backroom deals you
have consented to or entertained. We do not want our tax dollars – city and county tax dollars
– wasted on this pipedream.
Use funds to actually address a successful and thoughtful solution. The homeless are not your
political pawns. But neither are we!
Sincerely,
Betty Shea
San Rafael
30 plus years resident
From:
Sent: Thursday, November 13, 2025 10:41 AM
To: Eli Hill <Eli.Hill@cityofsanrafael.org>
Cc: Distrib- City Clerk <City.Clerk@cityofsanrafael.org>
Subject: Re: 350 Merrydale Visit: Meet with Neighborhood Representatives Before the November 17th
Vote
Hi Councilmember Hill,
Thanks for your reply. I want to be candid: do you truly feel a vote on this project can move
forward without directly engaging the local businesses and community at the 350
Merrydale site? At a minimum, that outreach should occur before any decision is made. Or
has this decision already been effectively made for you and the other councilmembers?
This item should be removed from the agenda and postponed until public commentary and
community engagement can be properly gathered. Our neighborhoods deserve adequate
time and full transparency around this process. So far, the planning has taken place
behind closed doors, without collaboration, and we’ve been left in the dark on key details.
That is simply not acceptable.
There has also been conflicting information throughout. The City and County appear to be
significantly overpaying for this property, which raises questions about the need for any
closed-door discussions related to negotiation. And if this ever moves to a developer-led
phase, estimates suggest it could cost $80+ million to build out. How is that a responsible
use of taxpayer dollars in exchange for an $8 million grant with heavy conditions attached?
This is a collective decision for the entire Council, and there is no reason for it to be pushed
through with such urgency. What is driving this aggressive timeline? Many of the alternative
sites presented aren’t truly viable or appear duplicative, which only adds to the concern.
This issue isn’t going away—for you or for any councilmember. The community deserves
respect, time, genuine engagement, collaboration, and full transparency around both the
process and the decisions being made. Please take the time to rebuild trust before any
vote moves forward.
Myself and others are available to meet anytime before the Monday vote, I’m sure you can
find 30 minutes. It’s a short 10 minute drive for you. Let’s make it happen at a bare
minimum.
Regards,
Carter
Carter Phelps
On Nov 12, 2025, at 4:50 PM, Eli Hill <Eli.Hill@cityofsanrafael.org> wrote:
Dear Carter,
Thank you for reaching out and for your continued engagement regarding the 350 Merrydale
Project. I appreciate the time and thought your neighborhood committee has dedicated to
understanding the proposal and sharing your perspectives.
While I’m unable to meet in person due to scheduling constraints, I welcome your input and value
the concerns raised by the Rafael Meadows, Merrydale, and Redwood Village communities. To
ensure your message is part of the public record, I’ve included the City Clerk on this email.
Please feel free to share any additional thoughts, questions, or materials by email.
Much appreciated,
Eli
Eli Hill
Councilmember District 2, City of San Rafael
Pronouns: he, him, his
<Outlook-x5cgbmki.png>
From:
Sent: Monday, November 10, 2025 1:08 PM
To: Eli Hill <eli.hill@cityofsanrafael.org>
Subject: 350 Merrydale Visit: Meet with Neighborhood Representatives Before the November 17th Vote
Dear Councilmember Hill,
I hope this note finds you well. Following up on my voicemail. I’m writing on behalf of our
San Rafael Meadows, Redwood Village and Merrydale communities to respectfully invite
you to meet in person at the 350 Merrydale property ahead of the City Council’s
scheduled vote on November 17th.
On Saturday we had a neighborhood walkabout on and around the property and many of us
feel it’s essential that Council members have the opportunity to see the site and vicinity
firsthand and hear directly from those who live in the surrounding area. We would like to
share some new and specific concerns about the City’s plan for the homeless
shelter/housing project and especially the impact it will have on nearby
neighborhoods and the broader community following recent conversations with
the SRPD.
To make this convenient for you, we are arranging small-group meetings with individual
Council members on separate days next week. The visit would take no more than 30–45
minutes, and we would be happy to accommodate your schedule.
We believe that a brief, on-site conversation will provide valuable context and help ensure
that the Council’s upcoming decision reflects both the project’s intent and the realities
faced by those who will be most directly affected.
Please let me know a day and time next week that works best for you — we will gladly
adjust to your availability.
Thank you very much for your time, consideration, and service to our community.
We sincerely hope you’ll join us for this important discussion before the vote.
Warm regards,
Carter Phelps
On behalf of the San Rafael Meadows, Merrydale and Redwood Village residents
Carter Phelps
From: Ed Shea
Sent: Wednesday, November 12, 2025 8:16 PM
To: Mayor Kate <kate.colin@cityofsanrafael.org>; Maika Llorens Gulati <maika@cityofsanrafael.org>; Eli
Hill <eli.hill@cityofsanrafael.org>; Maribeth Bushey <maribeth.bushey@cityofsanrafael.org>; Rachel
Kertz <rachel.kertz@cityofsanrafael.org>; Distrib- City Clerk <city.clerk@cityofsanrafael.org>
Cc: rhalstead@marinij.com; Cameron Macdonald <cmacdonald@marinij.com>; srosenfeld@marinij.com
Subject: 350 Merrydale – For Immediate Posting and Inclusion on the City Council Agenda
kate.colin@cityofsanrafael.org
maika@cityofsanrafael.org
eli.hill@cityofsanrafael.org
maribeth.bushey@cityofsanrafael.org
rachel.kertz@cityofsanrafael.org
city.clerk@cityofsanrafael.org
RE: 350 Merrydale – For Immediate Posting and Inclusion on the City Council Agenda
Dear City Council,
I am writing to you on behalf of the adjacent communities to your proposed homeless site, as
referenced above.
First and foremost, I demand that this item be continued from any City Council action, since you
have failed as the City Council elected to represent us, the taxpayers. This is a clear dereliction
of your duties; you have ZERO support for this project and you have been unfaithful to your
office and your oath by operating in secret and without input. Specifically, this site is a
published housing opportunity site that has been confirmed and certified by the State. I
demand you reveal when this site was reconsidered for a homeless shelter and when.
You have demonstrated that you have ZERO regard for solving homelessness. 350 Merrydale is
likely the worst possible site to consider to address the real needs of the homeless population
and it is not a viable or resilient solution in large part to your very own published constraints of
the site. This is remarkably incompetent and callous.
Do you really want to create another Ritter Center and 4th Street debacle? Have you failed to
learn from your previous disasters?
You have eroded the public’s trust. Remove this item from any further consideration and cease
from any further attempts to bamboozle your constituents.
Sincerely,
Edward J. Shea Jr.
San Rafael, CA 94903
30+ year resident of San Rafael Meadows
cc: Marin IJ Editorial Board
Richard Halstead, Marin IJ (rhalstead@marinij.com)
Cameron Macdonald, Marin IJ (cmacdonald@marinij.com)
Steven Rosenfeld, Marin IJ (srosenfeld@marinij.com)
From:
Sent: Thursday, November 13, 2025 12:20 PM
To: Lindsay Lara <lindsay.lara@cityofsanrafael.org>
Subject: 350 Merrydale - November 17 Agenda Item Public Comments
PLEASE POST IN THE PUBLIC RECORD
Dear Lindsay:
Could you please include the following Marin IJ Letters to The Editor published over the
last month regarding the 350 Merrydale Project. I believe it will be helpful for the City
Council Members and the Mayor to read them before they make their decision and take
their vote on the property at the November 17 Public Hearing.
Sincerely
Ken Dickinson
The Brown Act
Source: California Gov. Code Section 54950
This chapter shall be known as the Ralph M. Brown Act.
“The people of this State do not yield their sovereignty to the agencies which serve
them. The people, in delegating authority, do not give their public servants the right to
decide what is good for the people to know and what is not good for them to know. The
people insist on remaining informed so that they may retain control over the instruments
they have created.”
Marin IJ Readers’ Forum for Oct. 29, 2025
By Letters to the editor
PUBLISHED: October 28, 2025 at 12:58 PM PDT
San Rafael community caught off guard by tiny homes plan
Along with many other residents of the San Rafael Meadows and Merrydale
neighborhoods, I was stunned to learn, through a press conference on Oct. 15, that our
city had selected 350 Merrydale Road for a 65-unit “tiny home” shelter village. Until that
day, I knew of no one from the surrounding communities who had been informed,
consulted or even notified that this property was under consideration.
I want to be clear, I am not opposing solutions for homelessness or affordable
housing. I’ve lived in the San Rafael Meadows neighborhood for 27 years and I’ve
always tried to stay involved in local politics. I served on the flood zone advisory
board and advocated for the “Quiet Zone” along the Sonoma-Marin Area Rail
Transit line.
I know that our community values compassion, inclusion and smart planning. What I’m
opposed to is the lack of transparency and the absence of public dialogue in how this
project is being handled.
According to the IJ article (“San Rafael, Marin County to provide small dwellings for
homeless,” Oct. 17), the City Council will not consider the purchase agreement until
Nov. 17, yet city and county officials (along with what appears to be the full force and
presence of state officials) publicly announced the project on Oct. 15. I think they acted
as if it were a done deal, a “fait accompli.” The article also notes a “tentative agreement”
was reached in closed session on Oct. 2, but no public report was ever made.
Residents are now being invited to “provide feedback” only after the public rollout and
long after key decisions appear to have been made behind closed doors. That’s not
inclusion, it’s damage control.
As a part of the community, I am asking city officials to pause, disclose the timeline and
approvals behind this project, and begin a genuine conversation with the people who
live here. San Rafael deserves public processes that are open, honest and worthy of
our trust.
— Ken Dickinson, San Rafael
Marin IJ Readers’ Forum for Oct. 31, 2025
By Letters to the editor
PUBLISHED: October 30, 2025 at 12:58 PM PDT
San Rafael plan is a risky disruption for neighborhood
As long-time residents of San Rafael Meadows, we are writing to express our strong
opposition to the proposed tiny-home project for the homeless, just 0.2 miles, or a six-
minute walk, from our front door (“San Rafael, Marin County to provide small dwellings
for homeless,” Oct. 16).
My husband and I moved here over 30 years ago and raised our two sons in this safe,
quiet, family-oriented neighborhood. We were shocked to learn city officials are
considering placing a homeless housing site so close to an established residential area
and longtime local businesses.
Equally troubling is the lack of transparency in the decision-making process. There was
no proactive outreach or communication with nearby residents before this plan
advanced. It feels as though the voices of those most affected have been ignored.
We also have serious concerns about public safety, sanitation and maintenance.
Without clear plans for on-site management, security and ongoing upkeep, the risk of
increased crime, litter and unsanitary conditions is real.
These are not hypothetical concerns — they could quickly diminish the quality of life
we’ve worked hard to build and preserve.
We understand the need to address homelessness with compassion and effective
solutions. But placing this project within steps of a stable neighborhood is not the right
approach. Other sites are better suited for this type of housing, locations that wouldn’t
place such a disproportionate burden on families and long-standing residents.
We urge Mayor Kate Colin and other city representatives to reconsider this location,
engage openly with the community and explore alternatives that meet the needs of the
unhoused while protecting the character and safety of neighborhoods like San Rafael
Meadows.
—Betty Shea and Ed Shea, San Rafael
Marin IJ Readers’ Forum for Nov. 1, 2025
By Letters to the editor
PUBLISHED: October 31, 2025 at 12:58 PM PDT
San Rafael officials picked wrong place for tiny homes
I was disappointed to read about apparent closed meetings and secret negotiations in
regard to the decision by San Rafael officials to build tiny homes for the unhoused at
350 Merrydale Road (“San Rafael, Marin County to provide small dwellings for
homeless,” Oct. 16).
It feels like Mayor Kate Colin and the San Rafael City Council are trying to sneak this
through. That would be shameful.
Terra Linda is the wrong place to build what I consider to be just another encampment
with many of the same issues.
— Craig A. Nelson, San Rafael
Marin IJ Readers’ Forum for Nov. 2, 2025
By Letters to the editor
PUBLISHED: November 1, 2025 at 12:56 PM PDT
Neighbors need time to discuss plan with city
I am writing in response to the article published Oct. 16 with the headline “San Rafael,
Marin County to provide small dwellings for homeless.” The plan appears to call for
lockable cabins to provide shelter for those interested residents currently residing in the
sanctioned Mahon Creek encampment. The tiny homes are planned for 350 Merrydale
Road.
On the surface, any program for the homeless that provides housing, even temporarily,
is a step above the usual and should be applauded. However, this project is not without
issues and detractors. The local neighborhood where this project is slated is
represented by the Rafael Meadows homeowner’s association, of which I am a
member. Most of us were blindsided by the news of this project. By Oct. 20, our HOA
had mobilized, holding a well-attended meeting at the local pizzeria.
By the next evening at the scheduled San Rafael City Council meeting, about 12 of my
neighbors got up to comment on the issue. They were all vehemently against the
project. Problems cited included the site being close to where children play and close to
daycare centers. There are concerns about sanitation, as well as worries about issues
related to drug usage and mental illness.
I think this blindsiding was deliberate. It seems to be an attempt to ram the project
through before local residents have a chance to organize and explain their opposition.
I feel the time frame for this project needs to be delayed so that both sides can more
fully explore and explain their positions to each other. Who knows? Maybe we can
come up with a plan both sides can agree on.
— Bernie Samet, San Rafael
Marin IJ Readers’ Forum for Nov. 5, 2025
By Letters to the editor
PUBLISHED: November 4, 2025 at 12:58 PM PST
San Rafael should open a hotel to homeless right now
I am writing in response to the article published Oct. 16 with the headline “San Rafael,
Marin County to provide small dwellings for homeless.” I think city officials should look
into the feasibility of contracting with a local hotel in the Northgate area to house
homeless people. City officials should then proceed to find a nonprofit builder for the
permanent buildings on the 350 Merrydale Road property.
The money earmarked for the purchase of the 64 temporary tiny homes and the
estimated $2 million annual maintenance thereof could be better used for sheltering
people in rooms that have private bathrooms, coffee makers and mini fridges for food
storage. Additionally, something located within walking or biking distance of the
Northgate mall could provide services and a variety of work possibilities.
— Roxanna Atkins, San Rafael
Marin IJ Readers’ Forum for Nov. 9, 2025
By Letters to the editor
PUBLISHED: November 8, 2025 at 12:56 PM PST
San Rafael’s process feels authoritarian, dismissive
I’m deeply frustrated with how San Rafael officials — especially the mayor and council
members — have handled the new proposed “tiny homes” project in my Terra Linda
neighborhood (“San Rafael, Marin County to provide small dwellings for homeless,” Oct.
16).
Residents here were completely blindsided. It appears that this decision was made
behind closed doors before the people most affected were ever informed or invited to be
part of the process. I think the way it was announced through a media event felt more
like an executive order than local government. I consider it authoritarian and dismissive
of residents’ voices.
All I’m asking for is transparency, honesty and genuine community involvement. Marin
residents have already made it clear they oppose this kind of top-down leadership —
just look at the “No Kings” rally and the calls for accountable government. In this case, it
feels like San Rafael officials need a reminder.
— Frank Mason, San Rafael
Marin IJ Readers’ Forum for Nov. 11, 2025
By Letters to the editor
PUBLISHED: November 10, 2025 at 12:57 PM PST
Transparency should be essential part of strategy
The recent article about Marin County’s homelessness funding crisis (“Marin officials
reassess homelessness strategy in face of obstacles,” Nov. 2) reminds us that success
in reducing homelessness is fragile without clear, inclusive planning and transparent
decision-making.
Here in my San Rafael neighborhood, the ambitious plan at 350 Merrydale Road seems
to tick many of the boxes — interim cabins, support services and long-term housing —
yet the rollout has left many neighbors with the sense of being an afterthought. When
major decisions about land acquisition and site operations ($7.3 million, plus about $2
million annually) are made and announced with only a month or less of visible public
input, it raises the question: Is this being done for the community or to the community?
Homelessness is too serious to be treated as a political hot potato — but when
decisions are made under time pressure, with closed negotiations and limited early
community involvement, that’s exactly how it looks.
If San Rafael and Marin County officials truly want to build public trust, they should
pause, share all the financial and operational details, invite wide input and measure
results publicly — not just after the fact. Transparency isn’t optional: it’s essential for
effective, sustainable and widely supported solutions.
— Janet Shirley, San Rafael
PLEASE POST IN THE PUBLIC RECORD
From: Wayne Rayburn
Sent: Thursday, November 13, 2025 11:47 AM
To: Mayor Kate <kate.colin@cityofsanrafael.org>; miaka@cityofsanrafael.org;
eli.hill@cityofsanrafael.com; Maribeth Bushey <maribeth.bushey@cityofsanrafael.org>; Rachel Kertz
<rachel.kertz@cityofsanrafael.org>; Distrib- City Clerk <city.clerk@cityofsanrafael.org>
Subject: 350 Merrydale Road
RE: 350 Merrydale Road - For Immediate Posting and Inclusion on the City Council Agenda
Please Post in Public Comments
Dear City Council Members,
San Rafael Meadows, Merrydale residents and business owners were blindsided by a City and County
plan to build an interim homeless shelter at 350 Merrydale Road.
There was no community input, no safety plan and no clear assessment of the impact on our
neighborhood.
I fully support compassionate, effective solutions to homelessness, but this proposal was crafted
without transparency or community involvement. The community deserves a voice, openness with a
safer and smarter solution which helps those in need without harming local families and businesses.
This project has moved forward with minimal outreach to the people who live and work here every
day. Decisions with lasting impact on our neighborhoods must involve open dialogue not unilateral
action.
The proposed site raises serious concerns about safety, security and local business
stability. Information from other areas, similar projects without proper planning have led to increased
disturbances and crime. Resulting in hurting small businesses and community trust.
I urge city officials to reconsider the location at this time. I encourage them to engage in genuine public
discussions around exploring alternative sites and partnerships that address homelessness responsibility
effectively.
Thank You for your consideration on this matter.
Regards,
Wayne M. Rayburn
Please post in public comments