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HomeMy WebLinkAboutPlanning Commission 2025-12-09 Agenda Packet 1 Planning Commission Regular Meeting Tuesday, December 9, 2025 - 7:00 P.M. AGENDA Participate In-Person: San Rafael City Council Chambers 1400 Fifth Avenue, San Rafael, CA 94901 Watch Online: Watch on Zoom Webinar: http://tinyurl.com/Planning-Commision-24 Watch on YouTube: http://www.youtube.com/cityofsanrafael Listen by phone: 1 (669) 444-9171 ID: 894 4903 7326# One Tap Mobile: US: +16694449171, 89449037326# This meeting will be held in-person. This meeting is being streamed to YouTube at www.youtube.com/cityofsanrafael. How to participate in the meeting: • You are welcome to come to the meeting and provide public comment in person. Each speaker will have 2-minutes to provide public comment. • Submit your comments by email to: PlanningPublicComment@cityofsanrafael.org by 4:00 p.m. the day of the meeting. If you experience technical difficulties during the meeting, please contact PlanningPublicComment@cityofsanrafael.org. A. CALL TO ORDER B. RECORDING OF MEMBERS PRESENT AND ABSENT C. APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS D. PUBLIC NOTIFICATION OF MEETING PROCEDURES E. ORAL COMMUNICATIONS FROM THE PUBLIC Remarks are limited to two minutes per person and may be on anything within the subject matter jurisdiction of the body. Remarks on non-agenda items will be heard first, remarks on agenda items will be heard at the time the item is discussed. F. CONSENT CALENDAR The Consent Calendar allows the Commission to take action, without discussion, on Agenda items for which there are no persons present who wish to speak, and no Commission members who wish to discuss. 2 1. Draft Minutes of November 18, 2025 G. ACTION ITEM 1. 25 Loch Lomond Drive (APN 016-070-14) – Resolution of the San Rafael Planning Commission to approve a Major Environmental and Design Review Permit and a Tentative Map to construct a 14-unit residential development project; CEQA Determination: The San Rafael City Council certified the Village at Loch Lomond Marina Final Environmental Impact Report (FEIR) and approved a Mitigation Monitoring and Reporting Program (MMRP) on August 6, 2007 (SCH 2005012014). Project Planner: Renee Nickenig, Associate Planner renee.nickenig@cityofsanrafael.org Recommended Action – It is recommended that the Planning Commission adopt the Resolution to Approve the requested Major Environmental and Design Review and Tentative Map. H. DIRECTOR’S REPORT 1. Annual Meeting of the Planning Commission- Annual Meeting of the Planning Commission. Adoption of the Regular Meeting Schedule for 2026, Selection of the San Rafael Planning Commission Chair and Vice Chair. I. COMMISSION COMMUNICATION J. ADJOURNMENT Any records relating to an agenda item, received by a majority or more of the Commission less than 72 hours before the meeting, shall be available for inspection online. Sign Language interpreters may be requested by calling (415) 485-3066 (voice), emailing city.clerk@cityofsanrafael.org or using the California Telecommunications Relay Service by dialing “711”, at least 72 hours in advance of the meeting. Copies of documents are available in accessible formats upon request. The Planning Commission will take up no new business after 11:00 p.m. at regularly scheduled meetings. This shall be interpreted to mean that no agenda item or other business will be discussed or acted upon after the agenda item under consideration at 11:00 p.m. The Commission may suspend this rule to discuss and/or act upon any additional agenda item(s) deemed appropriate by a unanimous vote of the members present. Appeal rights: any person may file an appeal of the Planning Commission's action on agenda items within five business days (normally 5:00 p.m. on the following Tuesday) and within 10 calendar days of an action on a subdivision. Planning Commission Special Meeting Tuesday, November 18, 2025, 7:00 P.M. Minutes Participate In-Person: San Rafael City Council Chambers 1400 Fifth Avenue, San Rafael, CA 94901 or Participate Virtually: Watch on Webinar: https://tinyurl.com/2025-PC-Meeting Watch on YouTube: http://www.youtube.com/cityofsanrafael Telephone: 1 (669) 444-9171 Meeting ID: 894 4903 7326 # One Tap Mobile: US: +16694449171, 89449037326# CALL TO ORDER Chair Mercado called the meeting to order at 7:00 PM. He invited Planning Manager Kavanaugh-Lynch to call roll. RECORDING OF MEMBERS PRESENT AND ABSENT PRESENT: JILL RODBY, COMMISSIONER JON HAVEMAN, COMMISSIONER JACK SALVEMINI, COMMISSIONER SAMINA SAUDE, COMMISSIONER STEWART SUMMERS, COMMISSIONER ARANDU ALVAREZ, COMMISSIONER ALDO MERCADO, CHAIR ABSENT None ALSO PRESENT: MICAH HINKLE, DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT GREG MINOR, ASSISTANT DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT ANDREA VISVESHWARA, CHIEF ASSISTANT CITY ATTORNEY MARGARET KAVANAUGH-LYNCH, PLANNING MANAGER KRISTINA ESTUDILLO, PRINCIPAL PLANNNER RENEE NICKENIG, ASSOCIATE PLANNER JOANNA KWOK, ASSISTANT DIRECTOR, PUBLIC WORKS (VIA ZOOM) APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS Chair Mercado asked if there are any changes to the order of the Agenda. No changes were made to the order of the Agenda. PUBLIC NOTIFICATION OF MEETING PROCEDURES Chair Mercado stated that members of the public may provide comments with a time limit set by the Planning Commission and continued to provide directions on how to provide public comments and to participate in the meeting. Planning Manager Kavanaugh-Lynch provided instructions on how to watch the meeting via Zoom and You Tube, as well as provided instruction on participation rules. ORAL COMMUNICATIONS FROM THE PUBLIC Chair Mercado provided instructions to members of the public who wanted to share remarks on topic(s) not on the agenda with Planning Commission. Chair Mercado then set the time limit for three minutes per person. One (1) resident provided comment on a non-agenda item. CONSENT CALENDAR No items were presented for approval. ACTION ITEMS 1. 1248 Fifth Avenue (APN 011-300-26) – Public hearing to consider a Major Environmental and Design Review Permit pursuant to San Rafael Municipal Code 14.25 et seq. for the demolition of an existing 11,000 square foot commercial building, surface parking, and other site improvements; construction of a new (13) thirteen-story multi-family residential building with 188 units, inclusive of 19 units affordable to very low income households; tenant amenities; frontage improvements; and which seeks a density bonus and a concession and waivers from development standards pursuant to California Government Code Section 65915 – 65918. California Environmental Quality Act (CEQA) Determination: Exempt Pursuant to CEQA Guideline 15332 (In-Fill Developments Projects). Chair Mercado requested the staff report. Principal Planner Estudillo presented the staff report. Chair Mercado opened the floor to the commission for questions. Planning Commissioners provided comments. Chair Mercado opened the agenda item for public comment. A total of 33 members of the public spoke on the agenda item, both in favor and in opposition. Chair Mercado closed the item for public comment and brought the item back before the Commission for deliberation. Chief Assistant City Attorney Visveshwara informed the Commissioners about State Density Bonus Law Regulations. Commissioner Saude moved to approve the resolution to approve the requested entitlements with the modified conditions of approval presented by staff. Commissioner Haveman seconded the motion. Chair Mercado instructed Planning Manager Kavanaugh-Lynch to take roll: AYES: Commissioners Haverman, Salvemini, Saude, Summers, Alvarez, and Chair Mercado NOES: None ABSENT: None ABSTAIN: None Motion carried 6-0 The motion passed unanimously 2. 1030 3rd Street (APN 011-300-26) – Public hearing to consider a Major Environmental and Design Review Permit pursuant to San Rafael Municipal Code 14.25 et seq. for the demolition of an existing 4,400-square-foot commercial building and surface parking area; construction of a new 8-story mixed use building with 4,000-square-foot ground level commercial space, 131 residential units, inclusive of 11 units affordable to low income households; tenant amenities; frontage improvements; and which seeks a density bonus and a concession and waivers from development standards pursuant to California Government Code Section 65915 – 65918. CEQA Determination: Exempt Pursuant to CEQA Guideline 15332 (In-Fill Developments Projects). Project Planner(s): Kristina Estudillo, Principal Planner, kristina.estudillo@cityofsanrafael.org Krystle Rizzi, Contract Planner, krystle.rizzi@cityofsanrafael.org Chair Mercado requested the staff report. Principal Planner Estudillo presented the staff report. Chair Mercado opened the floor to the commission for questions. Planning Commissioners provided comments. Chair Mercado opened the agenda item for public comment – none was given. Chair Mercado closed the item for public comment and brought the item back before the Commission for deliberation. Commissioner Saude moved to approve the resolution to approve the requested entitlements with the modified conditions of approval presented by staff. Commissioner Salvemini seconded. Chair Mercado instructed Planning Manager Kavanaugh-Lynch to take roll: AYES: Commissioners Haveman, Salvemini, Saude, Summers, Alvarez, and Chair Mercado NOES: None ABSENT: None ABSTAIN: None Motion carried 6-0 The motion passed unanimously DIRECTOR’S REPORT Director Hinkle provided a brief report and invited Assistant Director Minor report on the current status of several major projects. COMMISSION COMMUNICATION None. ADJOURNMENT There being no further business, Chair Mercado adjourned the meeting at approximately 10:15 PM. _____________________________ Margaret Kavanaugh-Lynch, Planning Manager 1 Community and Economic Development Department Meeting Date: December 9, 2025 Agenda Item: G.1 Case Number: PLAN25-047 (ED25- 010; TS25-001) Project Planner: Renee Nickenig, Associate Planner REPORT TO PLANNING COMMISSION SUBJECT: 25 Loch Lomond Drive (APN 016-070-14) – Resolution of the San Rafael Planning Commission to approve a Major Environmental and Design Review Permit and a Tentative Map to construct a 14-unit residential development project; California Environmental Quality Act (CEQA) Determination: The San Rafael City Council certified the Village at Loch Lomond Marina Final Environmental Impact Report (FEIR) and approved a Mitigation Monitoring and Reporting Program (MMRP) on August 6, 2007 (SCH 2005012014). EXECUTIVE SUMMARY The proposed project (Project) includes the demolition of an existing one-story commercial building and the construction of a three-story multi-family residential building consisting of two stories of residential units, ground level ancillary uses, and a parking garage with 32 vehicle parking spaces. The proposed building would total 48,837 gross square-feet, has a footprint of approximately 15,997 square-feet and a maximum height of 35 feet. The Project includes 14 new residential units, one of which will be affordable to low-income households earning no more than 80% of Area Median Income (AMI). The Project has a base residential density of 13 units and proposes to utilize State Density Bonus law to gain an additional unit for a total of 14 units by providing one (1) affordable unit onsite and paying a pro rata affordable housing in-lieu fee. By providing 10% of the base units as affordable to low-income households the project is eligible for a 20% density bonus of three units and one concession/incentive. Based on the percentage and affordability level of inclusionary units, the project is eligible for up to a 20% density bonus (16 units) but is proposing a maximum of 14 units (one [1] density bonus unit). The applicant is requesting to utilize the concession to waive the mixed-use requirement established by Planned Development (PD) District 1860 not be required (see Attachment A, Exhibit 1). Finally, the applicant has indicated that a condominium map will be submitted in the future to provide for ownership residential units. 2 REQUESTED ENTITLEMENTS Major Environmental and Design Review. Pursuant to San Rafael Municipal Code (SRMC) Section 14.25.040(A)(1)(b), Major Environmental and Design Review is required for new construction of residential structures with three (3) or more dwelling units. Tentative Map. The Project includes the submission of a tentative map showing a future lot line adjustment at the southwest corner of the property to incorporate approximately 5,128 square-feet that is currently part of the lot immediately to the south. RECOMMENDATION Staff recommends that the Planning Commission adopt the Resolution to Approve the requested Major Environmental and Design Review Permit and Tentative Map, subject to findings and conditions of project approval. PROPERTY FACTS Address: 25 Loch Lomond Drive Parcel Number(s): 016-070-14 Property Size: 23,087 square feet Neighborhood: San Pedro Peninsula/ Loch Lomond-Canal NorthShore Site Characteristics General Plan Designation Zoning District Existing Land-Use Project Site: Neighborhood Commercial Mixed Use (NC) PD 1860 – Wetland Overlay District (WO) Commercial Surrounding Site Characteristics* General Plan Designation Zoning District Existing Land-Use North: Low Density Residential (LDR) Single-Family (R7.5) Residential South: Marine Related Mixed Use (MAR) PD 1860 - WO Commercial East: Neighborhood Commercial Mixed Use (NC) PD 1860 - WO Residential West: Marine Related Mixed Use (MAR) PD 1860 - WO Commercial *Direction based on Project orientation. Background: In August of 2007 the San Rafael City Council adopted Ordinance No. 1860 adopting the Planned Development (PD) district for the Village at Loch Lomond Marina Mixed-Use Community (PD1860) (see Attachment A, Exhibit 1). The land covered by the PD is divided into four land use areas: Area A – Marina/Water and Recreation; Area B - Neighborhood 3 Commercial/Mixed-Use; Area C - Residential; and Area D – Conservation. This current project site is within Area B located at the northwest portion of the PD district and was intended for mixed use commercial/residential development with five (5) residential units. The City of San Rafael prepared an Environmental Impact Report (EIR) for the Village at Loch Lomond Marina Development Project, which evaluated the potentially significant adverse environmental impacts as regulated by the California Environmental Quality Act (CEQA). The San Rafael City Council certified the Village at Loch Lomond Marina Final Environmental Impact Report (FEIR) and approved a Mitigation Monitoring and Reporting Program (MMRP) on August 6, 2007 (SCH 2005012014) (Attachment A, Exhibit B). The MMRP outlines all mitigation measures required to reduce impacts associated with the Village at Loch Lomond Marina Project The current proposed Project is implementing a portion of the larger project evaluated by the prior FEIR. The current project will be conditioned to comply with all relevant mitigation measures in the MMRP for the Village at Loch Lomond Marina Development. The Conditions of Approval for the Project include specific reference to FEIR Mitigation Measures: 3.2-1; 3.2- 5a; 3.2-5b; 3.5-1a; 3.6-1a, c, d; 3.6-2; 3.6-3; 3.7-1; 3.7-1b; and 3.12-1. Site Description/Setting: The Project is located south and west of the intersection of Point San Pedro Road and Loch Lomond Drive. The site is currently accessible to pedestrians from both streets but is accessible for automobiles from Loch Lomond Drive only. The site is currently occupied by a single-story 3,155 square-foot commercial building. A paved parking area which surrounds the west and south sides of the building abuts the parking area for Andy’s Market and the boatyard. There is minimal landscaping along the north and east frontages. Figure 1. Vicinity Map 4 Figure 2. Proposed Site Plan PROJECT DESCRIPTION The Project proposes the demolition of the existing commercial building and the construction of a new 35-foot-tall residential building with 14 residential units on the two stories over parking and ancillary uses. The ground floor area is proposed at 15,997 square-feet, with an uncovered deck at the southwest of the second level covering an additional approximately 5,000 square-feet. The current site area totals approximately 23,190 square-feet and would increase to approximately 28,318 square-feet with the proposed lot line adjustment at the southwest corner of the Project site. The Project is located off of Point San Pedro Road, adjacent to the Village at Loch Lomond Marina development. Amenities proposed for the exclusive use of residents include private balconies and the common outdoor space on the top floor. Utilizing state density bonus law, the Project proposes to construct 14 residential units, totaling 32,840 square-feet of residential development without commercial uses. 5 Figure 3. Proposed East Elevation Figure 4. Proposed West Elevation Architecture, Colors, and Materials The proposed building includes articulation in the forms of: (1) an L-shaped floor plan; (2) a curved roof shape; (3) variation in color; and (4) variation in materials. There is an open-air deck on the first level of residences and private open balconies at the north, south, and east elevations. Exterior cladding includes brick veneer over stucco at the ground level and vertical board and batten siding at the two residential stories above. The soffit of the roof and balconies at the north and east elevations are shown with natural wood-colored boards. The window openings at all elevations have an aluminum glazing system with a white powder finish. Downward facing wedge sconces are proposed at the exterior elevations (Sheet A501, Attachment B, Exhibit 2). Parking, Access, and Circulation The Project includes 32 vehicular parking spaces, including: 13 typical parking spaces (eight enclosed); 14 spaces dedicated for electrical vehicle parking; three (3) compact spaces; and two (2) spaces that are accessible for people with disabilities that comply with the Americans with Disabilities Act (ADA). There are no bicycle parking spaces identified on the proposed plans. Lot Line Adjustment The Project includes an adjustment of the southwest corner of the property to incorporate approximately 5,128 square-feet that would be used for surface parking and bio-retention landscaping. The proposed outdoor space at the first level of residences would cover the additional land. The identified land is currently a part of the lot immediately to the south. 6 ANALYSIS The Applicant is seeking an Environmental and Design Review Permits pursuant to SRMC 14.25.040. SRMC 14.25.050 outlines the criteria for approval for environmental and design review permit applications, including consistency with the General Plan and Municipal Code. Accordingly, below staff provides such a consistency analysis, which concludes that the Project is compliant with relevant policies of the General Plan 2040 and the San Rafael Municipal Code. General Plan 2040 According to the City of San Rafael’s San Rafael General Plan 2040, the Project has a land use designation of Neighborhood Commercial Mixed Use (NC). This category corresponds to neighborhood-serving retail and service uses such as pharmacies, supermarkets, and dry cleaners. Residential and ancillary office uses are allowed, subject to policies in the General Plan and zoning standards establishing the conditions for these uses. A maximum net density of 24.2 units per acre applies to projects that include residential uses. The Project is consistent with the Neighborhood Commercial Mixed Use (NC) designation in General Plan 2040 because it proposes residential development, which is allowed in the NC land use designation subject to policies in the General Plan and zoning standards establishing the conditions for these uses. The Project is also consistent with applicable policies of the General Plan, in particular those policies to support residential development, including: (Policy LU-1.8: Density of Residential Development; Policy LU-1.15: Planned Development Zoning: Policy LU-2.1: Land Use Map and Categories; Policy LU-3.2: New Development in Residential Neighborhoods; Policy LU- 3.3: Housing Mix; Policy LU-3.6: Transitions Between Uses; Policy NH-5.1: San Pedro Peninsula; Policy NH-5.4: Loch Lomond Marina; Policy NH-5.5: Loch Lomond Area and Canal North Shore Neighborhoods) as the Project will support development in the neighborhood through design and development of the project. San Rafael Municipal Code (SRMC) As conditioned, the Project will be in substantial compliance with the applicable standards in the San Rafael Municipal Code, including aspects of SRMC Chapter 14.25 – Environmental and Design Review Permit and SRMC Title 15. Light and Glare: Development standards for light and glare are contained in SRMC Section 14.16.227 - Light and glare. These standards require that colors, materials and lighting are designed to avoid creating undue off-site light and glare impacts. All proposed lighting will be required to be designed and/or shielded to conceal light sources from view off-site and avoid spillover onto adjacent properties, consistent with SRMC Section 14.16.227. As conditioned, all new lighting shall be subject to a 90-day post installation inspection to allow for adjustment and assure compliance with this section. The Project proposes neutral-colored stucco finishes, which will further avoid off-site glare impacts. Mechanical Equipment: Mechanical equipment screening is regulated by SRMC Section 14.16.243 (Mechanical equipment screening), which requires that mechanical equipment placed on the rooftop of a building or in an exterior yard area be adequately screened from public view. The Project includes interior mechanical rooms. Should exterior mechanical equipment be included at further stages of the Project it may require screening. A condition 7 of project approval would require that future mechanical equipment comply with screening requirements of SRMC Section 14.16.243. Noise: Noise standards are contained in SRMC Chapter 8.13 - Noise and Section 14.16.260 - Noise standards, which require compliance with general noise standards, construction standards, and noise standards contained in the General Plan. In general, noise at residential properties is not to exceed 60 dBA (Intermittent) and 50 dBA (Constant) during daytime and 50 dBA (Intermittent) and 40 dBA (Constant) at night time. Construction is limited to between the hours of seven a.m. (7:00 a.m.) and six p.m. (6:00 p.m.), Monday through Friday, and nine a.m. (9:00 a.m.) and six p.m. (6:00 p.m.) on Saturdays, provided that the noise level at any point outside of the property plane of the Project shall not exceed ninety (90) dBA. No construction is allowed on Sundays and holidays. The City’s standard conditions of approval require compliance with the noise ordinance and compliance will be verified through the building permit process. Additional conditions of approval relating to noise include a public notice and compliant process and designated liaison that would be responsible for determining the cause of all construction-related complaints (e.g., starting too early, bad muffler, worker parking, etc.) and institute reasonable measures to correct the problem. Water-efficient Landscape: Water Efficient Landscape standards are contained in SRMC Section 14.16.370, which requires certain new construction and rehabilitation projects that include landscape and irrigation improvements to comply with water-efficient landscape requirements and to monitor water usage for irrigation, as mandated under California Government Code Section 65595(c). For the purpose of administering this state mandate, the City of San Rafael has adopted by reference, the Marin Municipal Water District (MMWD) Ordinance (Water Conservation) and designates MMWD to implement, enforce, and monitor the requirements of this ordinance. All proposed plants are included on the Marin Municipal Water District (MMWD) Approved Plant List. Prior to issuance of a building permit, the applicant will be required to provide written approval from MMWD that the proposed landscaping complies with MMWD requirements and with the California Model Water Efficient Landscape Ordinance (MWELO). All proposed plants in the public right of way are subject to review and approval of the City’s Department of Public Works. Parking: The development standards established in PD1860 require two (2) parking spaces for each residential unit in addition to one (1) guest parking space. The Project proposes a total of 32 parking spaces, exceeding the requirement. Density Bonus: This Project was submitted pursuant to State Density Bonus Law (Government Code Section 65915 and San Rafael City Council Resolution 14891). The law allows increased density, or bonus units, for a project that provides a minimum percentage of affordable, or below market rate, units on-site. The property has a San Rafael General Plan 2040 designation of Neighborhood Commercial Mixed Use (NC), which permits a maximum net density of 24.2 units per acre. The property is approximately .53 acres in size, which would permit a base project of 13 units. The City of San Rafael Affordable Housing Requirement Program requires that the Project provide 1.3 units available at below-market-rate (BMR). As set forth in Resolution 14890, a developer may pay the pro-rated in lieu fee if the number of units required results in a fraction below .5. As such, the Project will include one BMR unit and pay the pro-rated fee. 8 By providing 10% of the base units as affordable to low-income households the project is eligible for a 20% density bonus of three (3) units. One (1) additional unit is proposed for the project for a total of 14 units. In addition, a density bonus project is allowed a certain number of concessions or incentives, based on the percentage and depth of affordability of the BMR units provided. A density bonus project is permitted waivers from any development or design standards that would otherwise preclude development of the project at the proposed and allowable density. PD 1860 limits the number of residential units in this area to five (5), and so the Project is requesting one incentive/concession (hereinafter referred to collectively as “concession”) under Government Code Section 65915(d) to provide residential units only. No waivers are being requested. Housing Accountability Act Analysis (SB 330): The Housing Accountability Act (HAA), California Government Code Section 65589.5(j), requires that when a proposed housing development project complies with applicable objective general plan and zoning standards but a city proposes to deny the project or reduce the proposed density, the city must base its decision on written findings supported by substantial evidence that: 1. The development would have a specific adverse impact on public health or safety unless disapproved, or approved at a lower density; and 2. There is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, other than the disapproval, or approval at a lower density. As discussed above, the Project would comply with all objective standards with the exception of the provision of commercial space, which is addressed with the use of the concession under state density bonus law. ENVIRONMENTAL DETERMINATION The project site is part of the Village at Loch Lomond Marina Development and was previously evaluated in the Village at Loch Lomond Marina Final Environmental Impact Report (FEIR) in accordance with the California Environmental Quality Act (CEQA) Guidelines. The City Council adopted Resolution 12330 on August 6, 2007, certifying the Village at Loch Lomond Marina Final Environmental Impact Report (FEIR) and approving a Mitigation Monitoring and Reporting Program (MMRP) (SCH No. 2005012014). Pursuant to CEQA Section 15162, when an EIR has been certified, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 9 (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. While the Project proposes to construct a purely residential development instead of the mixed-use building contemplated under the 2007 FEIR, this change will not result in substantial changes to the project as the overall development is approximately the same size and in the same location as the previously evaluated mixed use building. This change would not require major revisions to the previous EIR due to new significant environmental effects or a substantial increase in the severity of previously identified effects. There are no substantial changes in circumstances at the project site. Substantial changes occur in the circumstances under which the project is being undertaken that require major revisions to the EIR. Since approval of the EIR, the overall site has been developed in accordance with the approved plans and the site has become more developed and urbanized. Additionally, there is no new information of substantial importance, which was not known and could not have been known at the time the previous EIR was certified, that indicates new or more severe significant effects. As the Project does not entail substantial project changes and there are no substantial changes in circumstances or new information, no subsequent EIR is required for the proposed Project. COMMUNITY CORRESPONDENCE Notice of hearing for the Project was conducted in accordance with noticing requirements contained in Chapter 14.29 of the Zoning Ordinance. A Notice of Public Hearing was mailed to all property owners and occupants within a 300-foot radius of the subject site and all other interested parties, 15 calendar days prior to the date of this hearing. Public notice was also posted on the frontage of the subject site 15 calendar days prior to the date of all meetings, including this hearing. By the date of publication of this staff report, Staff has received one letter of support and one phone call expressing concerns on the project. 10 OPTIONS The Planning Commission has the following options: 1. Approve the Project as presented, subject to conditions of approval (staff recommendation) 2. Approve the Project with certain modifications, changes, or additional conditions of approval. 3. Deny the Project and direct staff to return with a revised Resolution of denial. ATTACHMENTS A. Draft Resolution and Draft Conditions of Approval Exhibit 1. PD 1860 Exhibit 2. Mitigation Monitoring and Reporting Program (MMRP) for the Village at Loch Lomond Marin Final IER (EIR) B. Application Materials Exhibit 1 – Full Plan Set (Architectural, Civil, Landscape, Lighting) Exhibit 2 – Project Narrative; Density Bonus Statement; Concession Request C. Correspondence Attachment A 4907-4416-8061 v1 1 RESOLUTION NO. 25-10 RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION APPROVING A MAJOR ENVIRONMENTAL AND DESIGN REVIEW PERMIT AND TENTATIVE MAP TO CONSTRUCT A 14-UNIT RESIDENTIAL DEVELOPMENT PROJECT WITH A DENSITY BONUS REQUEST AT 25 LOCH LOMOND DRIVE (PLAN25-047; ED25- 010; TS25-001) (APN: 016-070-14; 016-070-15) WHEREAS, on April 17, 2025 Andrew Bachich (Owner) submitted a formal application to the City of San Rafael for a development project located at 25 Loch Lomond Drive, within Planned Development District (PD) 1860; and WHEREAS, on September 5, 2025 the application was deemed complete for processing; and WHEREAS, the project site is part of the Village at Loch Lomond Marina Planned Development (PD 1860) and was previously evaluated in the Village at Loch Lomond Marina Final Environmental Impact Report (FEIR) in accordance with the California Environmental Quality Act (CEQA) Guidelines. The City Council adopted Resolution 12330 on August 6, 2007, certifying the Village at Loch Lomond Marina Final Environmental Impact Report (FEIR) and approving a Mitigation Monitoring and Reporting Program (MMRP) (SCH No. 2005012014); and WHEREAS, the FEIR and MMRP for the Village at Loch Lomond Marina Development is intended to serve as the environmental document required by CEQA for each phase of discretionary action required for the Village at Loch Lomond Marina Development; and WHEREAS, the 14-unit Residential Project is one of the last remaining phases of the Village at Loch Lomond Marina Planned Development; and WHEREAS, on December 9, 2025 the San Rafael Planning Commission held a duly noticed public hearing on the 14-unit Residential Project, accepting all oral and written public testimony and the written report of the Community and Economic Development Department staff. NOW THEREFORE BE IT RESOLVED, based on the staff report and written comments and testimony received at the Public Hearing, the Planning Commission makes the following findings relating to the Environmental and Design Review (ED25-010) and Tentative Map (TS25-002): 4907-4416-8061 v1 - 2 - SECTION 1. ENVIRONMENTAL AND DESIGN REVIEW FINDINGS (ED25-010) In accordance with San Rafael Municipal Code (SRMC) Chapter 14.25.090, the Planning Commission finds as follows: A. The project design is in accord with the general plan, the objectives of the zoning ordinance and the purposes of this chapter: According to the City of San Rafael General Plan 2040, the Project has a land use designation of Neighborhood Commercial Mixed Use, which allows for residential uses subject to policies in the General Plan and zoning standards establishing the conditions for these uses. The proposed multi-residential building is consistent with the allowable uses for the project site under the General Plan. The Project design is in accord with the General Plan, the objectives of the zoning ordinance and the purposes of San Rafael Municipal Code (SRMC), as the project is consistent with the Neighborhood Commercial Mixed Use designation in General Plan 2040 and the policies to support residential development (Policy LU-1.8: Density of Residential Development; Policy LU-1.15: Planned Development Zoning: Policy LU-2.1: Land Use Map and Categories; Policy LU-3.2: New Development in Residential Neighborhoods; Policy LU-3.3: Housing Mix; Policy LU-3.6: Transitions Between Uses; Policy NH-5.1: San Pedro Peninsula; Policy NH-5.4: Loch Lomond Marina; Policy NF-5.5: Loch Lomond Area and Canal North Shore Neighborhoods; Policy CDP-4.5 - Higher Density Design); Policy CDP- 4.6 - Open Space in Multi-Family Housing; and Policy H-4.3: Affordable Housing Requirements. The project site is included in PD 1860 (Exhibit 1), which identifies the project site for a mixed-use development. The applicant has requested a concession in accordance with Government Code Section 65915(d) to provide residential units only. B. The project design is consistent with all applicable site, architecture and landscaping design criteria and guidelines for the district in which the site is located: The design of the proposed residential building is in substantial compliance with the development requirements established by PD 1860. The proposed Tentative Map will further support the location and size of the proposed building. The Project is substantially compliant with the design review criteria provided in SRMC Section 14.25.050 as the materials, colors, and overall design are in concert with the existing property features and surrounding area. C. The project design minimizes adverse environmental impacts: 4907-4416-8061 v1 - 3 - The Project would be located on a developed portion of the project site and will be required to comply with CalGreen standards through the building permit process and therefore will be designed to minimize impacts to the environment. D. The project design will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity: The Project has been reviewed by the Community and Economic Development Department’s Building Division and the Fire Department and the location and orientation of the parking has been reviewed for safe access by the Department of Public Works. As conditioned, the Project will not be a detriment or injurious to property or improvements in the vicinity of the development site or the public health, safety or welfare. SECTION 2. TENTATIVE MAP FINDINGS (TS25-001) In accordance with San Rafael Municipal Code (SRMC) Chapter 15.02.080, the Planning Commission finds as follows: A. The proposed map is consistent with the San Rafael general plan and any applicable, adopted specific plan or neighborhood plan; The proposed tentative map is consistent with the approved Planned Development (PD) District 1860. The tentative map shows an adjustment of a lot line, which is consistent with the development standards of PD 1860. The tentative map includes an intention to file condominium plans following final map approval. B. The design or improvement of the proposed subdivision is consistent with the San Rafael general plan and any pertinent, adopted specific plan or neighborhood plan; The proposed tentative map is consistent with PD 1860 and the San Rafael General Plan 2040, including: Policy LU-1.8 - Density of Residential Development; Policy LU-1.15 - Planned Development Zoning: Policy LU-2.1 - Land Use Map and Categories; Policy LU-2.12 - Innovative Housing Types; Policy LU-3.2 - New Development in Residential Neighborhoods; and Policy LU-3.3 - Housing Mix. C. The property subject to subdivision is physically suitable for the type or density of development that is proposed; The Village at Loch Lomond Marina Final Environmental Impact Report (FEIR) previously evaluated the project site and found that it is suitable for a building the size of the proposed project. 4907-4416-8061 v1 - 4 - D. The property subject to subdivision is physically suitable for the density of development that is proposed. The base project provides 13 units, of which one (1) will be deed-restricted to be available to low-income households, equal to 10%. As such, the Project qualifies for benefits under the State Density Bonus Law, including a 20% density bonus and an incentive or concessions (Gov. Code § 65915(f)(1), (d)(2)(A).) The Project will utilize its one (1) concession to not include designated commercial space as described in the approval of PD 1860. A total of 14 residential units is proposed. Thus, the residential density proposed is permitted under the San Rafael General Plan in conjunction with State Density Bonus Law. E. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The project site was previously evaluated in the Village at Loch Lomond Marina Final Environmental Impact Report (FEIR) in accordance with the California Environmental Quality Act (CEQA) Guidelines. The FEIR found that properties adjacent to the shoreline could cause potential environmental damage. The parcel on which the proposed project is located is not adjacent to the shoreline, so it is not likely to cause such environmental damage (Exhibit 2). F. The design of the subdivision or the type of proposed improvements is not likely to cause serious health problems. The Project has been reviewed by appropriate City departments, including the Building Division, Fire Department, and Department of Public Works. As conditioned, the proposed Project will require a building permit that complies with all applicable Building and Fire Code requirements prior to construction. The applicant will also be required to comply with conditions of approval imposed by the Department of Public Works and the San Rafael Sanitation District as contained herein. G. The design of the subdivision or the type of proposed improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the city may approve the map if it is determined that alternative easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired or secured for public use. There are no existing public access easements onsite. 4907-4416-8061 v1 - 5 - SECTION 3. STATE DENSITY BONUS LAW FINDINGS The San Rafael Affordable Housing Requirement Program requires the Project to provide 1.3 units available at below-market-rate (BMR) (13 units x 10% =1.3 units). As set forth in Resolution 14890, a developer may pay the pro-rated in lieu fee if the number of units required results in a fraction below 0.5. The base project includes a total of 13 units, of which one (1) will be deed-restricted to be sold to low-income households. As such, the Project will include one (1) BMR unit and is required to pay the pro-rated fee in order to meet the required 10% affordable housing requirement. As the Project proposes 10% affordable housing through the provision of one (1) deed-restricted unit to be constructed onsite and the payment of a fee for the remaining fractional unit, the Project qualifies for benefits under the State Density Bonus Law, including a 20% density bonus and one (1) incentive or concession (Gov. Code § 65915(f)(1), (d)(2)(A)). The Project will utilize its one (1) concession to not include designated commercial space as described in the approval of PD 1860. SECTION 4. CEQA and ENVIRONMENTAL REVIEW On August 6, 2007, the City Council certified the Village at Loch Lomond Marina Final Environmental Impact Report (FEIR) and approved a Mitigation Monitoring and Reporting Program (MMRP). The Project proposes implementation Area B of Planned Development 1860, which included a 2.5 acre area of upland site in the northwest portion of the marina site that was intended for neighborhood commercial and mixed use. Area B was permitted for development up to 22,500-sf of ground floor commercial building area and up to five (5) residential units and this level of development was evaluated in the adopted EIR. The proposed 14 residential units would comprise a total of 32,840 sf of residential development. The proposed Project would be located in the same area of the site evaluated by the EIR for a development of a similar size and intensity of use. Mitigation measures identified in the MMRP that are applicable to the project site are included in conditions of approval included in the Draft Resolution Attachment 2. Pursuant to CEQA Section 15162, when an EIR has been certified, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental 4907-4416-8061 v1 - 6 - effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. Substantial Project Changes: The Project proposes to construct residential development only instead of constructing a mixed-use building. This change will not result in substantial changes to the project as the overall development is approximately the same size and in the same location as the previously evaluated mixed use building. This change would not require major revisions to the previous EIR due to new significant environmental effects or a substantial increase in the severity of previously identified effects. Substantial Changes in Circumstances: There are no substantial changes in circumstances under which the project is undertaken. Since approval of the EIR, the site has been developed in accordance with the approved plans and as contemplated by the EIR. New Information: There is no new information of substantial importance that would require preparation of additional environmental review. The same assumptions that were made in the prior EIR continue to apply. As the Project does not entail substantial project changes and there are no substantial changes in circumstances or new information, no subsequent EIR is required for the proposed Project. 4907-4416-8061 v1 - 7 - SECTION 5. SEVERABILITY If any term, provision, or portion of these findings or the application of these findings to a particular situation is held by a court to be invalid, void or unenforceable, the remaining provisions of these findings, or their application to other actions related to the project, shall continue in full force and effect unless amended or modified by the City. CONDITIONS OF APPROVAL (PLAN25-047) A. General Terms and Standard Conditions The following are general terms and standard conditions that apply to each severable entitlement of the 25 Loch Lomond Drive project, hereby the “Project”: Environmental and Design Review Permit and Tentative Map (PLAN25-047; ED25-010; TS25-001). 1. For purposes of these Conditions of Approvals, the following terms shall have the following meanings: “Director” shall mean the Director of the Community and Economic Development Department. “Building permit” shall mean permit required for earth-disturbing activities, including, permits for grading, excavation, shoring, utilities, demolition, site preparation, or any other permits required for earth-disturbing activities, but excluding building permits and any permit required for construction related activities on a structure including permits for building, foundation, or superstructure, but excluding demolition permits. “Applicant” shall mean Andy Bachich and/or any successor in interest. “Property Owner(s)” shall mean Andy Bachich and/or any successor in interest. “Project” shall mean the 25 Loch Lomond Drive Project as approved by the City of San Rafael as described in the staff report. “Project Site” shall mean the approximately 0.53-acre property comprised of APNs 016-070-14 and 016-070-15 as represented on Sheet 17 of the approved plan set (Dated April 17, 2025). 2. Development of the Project. Development of the Project, defined as the project plans and supporting documents attached to the December 9, 2025 Planning Commission staff report (hereinafter the “Plans”), shall be substantially in conformance with the plans prepared by: 4907-4416-8061 v1 - 8 - • Architectural Plans: Colin Russell, Russell Architects, consisting of 24 plan sheets, dated on April 17, 2025. • Civil Plans: Ruggeri-Jensen-Azar, consisting of seven (7) plan sheets, dated September 22, 2025 3. The Plans are incorporated by reference herein. The Plans may only be modified by the conditions contained herein, subject to review and approval of the Community and Economic Development Director or their designee. 4. Term of Approval. This Project (PLAN25-047; ED25-010; TS25-001), shall be valid for two years from the date of approval of the Planning Commission, and shall be null and void if a building permit is not exercised or a time extension granted prior to the expiration date. A permit for the construction of a building or structure is deemed exercised when a valid City building permit, if required, is issued, and construction has lawfully commenced. 5. Fees, Dedication Requirements, Reservation Requirements and Other Exactions. The conditions of Project approval set forth herein include certain fees, dedication requirements, reservation requirements and other exactions. Pursuant to Government Code Section 66020(d)(1), these conditions constitute written notice of the statement of the amount of such fees and a description of the dedications, reservation, and other exactions. The Applicant is hereby notified that the 90-day period in which one may protest those fees, the amount of which has been identified herein, dedications, reservations, and other exactions required in connection with the instant approvals has begun. If the Applicant fails to file a protest complying with all the requirements of Section 66020, the Applicant will be legally barred from later challenging such exaction. 6. Notice of Fees Protest The Applicant may protest any fees, dedications, reservations, or other exactions imposed by the City as part of the approval or as a condition of approval of this development. Per California Government Code Section 66020, this 90-day protest period has begun as of the date of the approval of this application. 7. Right to Audit of the City’s Development Impact Fees. In accordance with Government Code Section 66006(e), the Applicant is hereby notified of the right to file with the City Clerk: (a) a request for an audit of the City’s development impact fees in accordance with Government Code Section 66023; and (b) a written request for mailed notices of the City’s public meetings to review annual reports of development impact fees under Government Code Section 660066(b)(1). 4. At the times (e.g., building permit) provided for in the City’s fee ordinances, the Applicant shall pay all applicable City Development Impact fees. 4907-4416-8061 v1 - 9 - 8. All Third Party Fees Shall be Paid. Prior to issuance of any/each building permit, the Applicant shall verify for the City that it has paid all third party-outside agency fees applicable to such portion of the Project, including but not limited to any school fees, water capacity fees, and sewer capacity fees. Unless a condition of approval includes a different time for payment, the Applicant shall pay all applicable City fees prior to the issuance of each building permit. 9. Conditions of Approval Shall be Printed. All Conditions of Approval shall be printed on the second sheet of each plan set submitted for a building permit. Additional sheets may also be used if the second sheet is not of sufficient size to list all of the conditions. The sheet(s) containing the conditions shall be of the same size as those sheets containing the construction drawings; 8-1/2” by 11” sheets are not acceptable. 10. Applicant Responsible for Conditions of Approval. The Applicant shall ensure compliance with all conditions of approval, including submittal to the Project Planner of required approval signatures at the times specified. Failure to comply with any condition may result in construction being stopped, issuance of a citation, and/or modification or other remedies. 11. Applicant to Hold City of San Rafael Harmless. Applicant or permittee shall defend, indemnify, and hold harmless the City of San Rafael or its elected and appointed officials, agents, officers, and employees from any claim, action, or proceeding brought by a third party against the City of San Rafael or its elected and appointed officials, agents, officers, or employees to attack, set aside, void, or annul an approval of the Planning Commission, the City Council, the Director, or any other department, committee, or agency of the City concerning a development, variance, permit or land use approval.  12. This Permit authorizes only the proposed Project described in the application. In no way does approval authorize other uses, structures or activities not included in the Project description. When the City approves a new use that replaces an existing use, any prior approval of the existing use becomes null and void when permits for the new use are exercised (e.g., building permit or business license issued). To reestablish the previously existing use, an Applicant must obtain all permits required by the Zoning Ordinance for the use. 13. All Plans and Information Become Conditions. All information and representations, whether oral or written, including the building techniques, colors, materials, elevations, and overall appearance of the project, as presented at the Planning Commission meeting dated December 9, 2025 and as presented in the Plans as outlined below shall be the same as required for the issuance of a building permit, except as modified by these conditions of approval. Minor modifications or revisions to the Project shall be subject to review and approval by the Director. Modifications deemed not minor by the Director may require review and approval 4907-4416-8061 v1 - 10 - as an amendment to the approved project entitlements including the Environmental and Design Review Permit and Tentative Map (PLAN25-047; ED25-010; TS25-001), as applicable. 14. Regulation Compliance. Approved use and/or construction is subject to, and shall comply with, all applicable City Ordinances and laws and regulations of other governmental agencies. Compliance with the Zoning Ordinance does not relieve an applicant from requirements to comply with other federal, state, and City regulations that also apply to the property. Prior to any construction, tenant improvement or installation of signage, the applicant shall identify and secure all applicable permits from all federal, state, and City departments. 15. Conditions of Approval Validity. If any term, provision, or portion of these conditions or the application of these conditions to a particular situation is held by a court to be invalid, void or unenforceable, the remaining provisions of these conditions, or their application to other actions related to the Project, shall continue in full force and effect unless amended or modified by the City.  16. Construction Hours (Ongoing throughout demolition, grading, and/or construction). Consistent with the City of San Rafael Municipal Code Section 8.13.050.A, construction hours on private property shall be limited to 7:00 a.m. to 6:00 p.m. Monday through Friday and 9:00 a.m. to 6:00 p.m. on Saturdays. Construction shall not be permitted on Sundays or City-observed holidays. Construction activities shall include delivery of materials, hauling materials off-site; startup of construction equipment engines, arrival of construction workers, playing of radios and other noises caused by equipment and/or construction workers arriving at, or working on, the site. 17. Construction Noise (Ongoing throughout demolition, grading, and/or construction). During construction, the Project shall: a. Properly muffle and maintain all construction equipment powered by internal combustion engines. b. Prohibit unnecessary idling of combustion engines. c. Locate all stationary noise-generating construction equipment such as air compressors as far as practical from existing nearby residences and other noise-sensitive land uses. Such equipment shall also be acoustically shielded. d. Select quiet construction equipment, particularly air compressors, whenever possible. Fit motorized equipment with proper mufflers in good working order. e. Erect temporary noise barriers to limit construction noise to no more than 90 dBA max at residences. Temporary noise barriers shall be constructed with solid materials (e.g., wood) with a density of at least 1.5 pounds per square foot with no gaps from the ground to the top of the barrier at a 4907-4416-8061 v1 - 11 - 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. f. Incorporate all measures contained in Final EIR Mitigation Measure 3.6- 1a, c, d and 3.6-3.  g. A notice shall be provided to residents within 1,000 feet of construction, in compliance with Final EIR Mitigation Measure 3.6-1b.  18. The Applicant shall designate a “Project Liaison” responsible for responding to any local complaints about construction noise and related disturbance. This person shall determine the cause of any noise or vibration complaint and shall require that reasonable measures be implemented to correct the problem. A telephone number for the Project Liaison shall be posted at the construction site and shared with the project planner. 19. Encroachment Permit (Ongoing throughout demolition, grading, and/or construction). Any construction work, including on-street traffic control, is subject to review and approval through the Department of Public Works Encroachment Permit process. Truck routes are submitted to review and approval through Department of Public Work’s Transportation Permit process and shall comply with City of San Rafael Municipal Code Chapter 5.52. 20. Archaeological Resources (Ongoing throughout demolition, grading, and/or construction). In the event that any archaeological features, including but not limited concentrations of artifacts or culturally modified soil deposits including trash pits older than fifty years of age, are discovered at any time during grading; scraping, or excavation within the property, all work shall be halted in the vicinity of the find, the Planning Division shall be notified, the Federated Indians of Graton Rancheria (FIGR) shall be immediately notified and a qualified archaeologist retained at Developer’s sole cost and expense to consult with the City, FIGR, and the Developer shall be retained to advise on best practices for assessing the significance of the find, developing and implementing a mitigation plan if avoidance is not feasible. If warranted by the concentration of artifacts or soils deposits, an archaeologist shall monitor further work in the discovery area. 21. Human Remains (Ongoing throughout demolition, grading, and/or construction). In the event of the accidental discovery or recognition of any human remains, the following steps should be taken: (1) There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until:    4907-4416-8061 v1 - 12 - a. The Marin County Coroner must be contacted to determine that no investigation of the cause of death is required, and   b. If the coroner determines the remains to be Native American:  i. The coroner shall contact the Native American Heritage Commission within 24 hours.    ii. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descended from the deceased Native American.   iii. The most likely descendent may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resources Code Section 5097.98. Where the following conditions occur, the landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further subsurface disturbance:  1. The Native American Heritage Commission is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 24 hours after being notified by the commission.    2. The descendant identified fails to make a recommendation; or    3. The landowner or his authorized representative rejects the recommendation of the descendant, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner.   22. Paleontological Resources (Ongoing throughout demolition, grading, and/or construction). In the event of an unanticipated discovery of a paleontological resource during construction, excavations within 50 feet of the find shall be temporarily halted or diverted until the discovery is examined by a qualified paleontologist (per Society of Vertebrate Paleontology standards [SVP 1995,1996]). The qualified paleontologist shall document the discovery as needed, evaluate the potential resource, and assess the significance of the find. The paleontologist shall notify the appropriate agencies to determine procedures that would be followed before construction is allowed to resume at the location of the find. If the City determines that avoidance is not feasible, the paleontologist shall prepare an excavation plan for mitigating the effect of the project on the qualities that make the resource important, and such plan shall be implemented. The plan shall be submitted to the City for review and approval.  23. Halt Work/Unanticipated Discovery of Tribal Cultural Resources (Ongoing throughout demolition, grading, and/or construction). In the event that cultural 4907-4416-8061 v1 - 13 - resources of Native American origin are identified during construction, all work within 50 feet of the discovery shall be redirected. The project applicant and project construction contractor shall notify the Director of Community and Economic Development Department within 24 hours. The City will again contact any tribes who have requested consultation under AB 52, as well as contact a qualified archaeologist, to evaluate the resources and situation and provide recommendations. If it is determined that the resource is a tribal cultural resource and thus significant under CEQA, a mitigation plan shall be prepared and implemented in accordance with State guidelines and in consultation with Native American groups. If the resource cannot be avoided, additional measures to avoid or reduce impacts to the resource and to address tribal concerns may be required.  24. Construction Management Plan. The Applicant shall submit a Construction Management Plan (CMP) for review and approval by the Director of Community and Economic Development Department and Director of Public Works prior to issuance of building or grading permit. The construction management plan shall address at a minimum, the following:  a. Acknowledgement that all materials and equipment shall be staged on-site, unless otherwise approved in writing by the Chief Building Official.   b. Contact information (phone number and email) for contractor, Project Liaison shall be posted on site in an all-weather sign that is visible to the public right of way.  c. Another all-weather sign shall be posted at all entrances to the construction site to inform all contractors and subcontractors of the requirements of the City’s Noise Ordinance in accordance with SRMC 8.13.050.  d. Traffic Control Plan to address on-site and off-site construction traffic. This plan shall include:   i. Any alterations, closures, or blockages to sidewalks, pedestrian paths or vehicle travel lanes (including bicycle lanes);   ii. Storage of building materials, equipment, dumpsters, debris anywhere in the public Right of Way;   iii. Hauling route for trucks used for the construction of project.  The TCP shall be stamped and signed by a registered engineer prior to submittal. The TCP shall be consistent with any other requirements of the construction phase. A current copy of this Plan shall be available at all times at the construction site for review by City Staff.  e. Designate location of construction worker parking on-site or in another off- street location provided by the applicant. Construction workers may not park on-street in the downtown area or adjacent residential neighborhoods.   f. A screened security fence approved by the Director of Community and Economic Development Department shall be placed and maintained around 4907-4416-8061 v1 - 14 - the perimeter of the project and removed immediately following construction work.  g. Proposed construction phasing, schedule of work, and approximate timeline of project.  h. In the event that the CMP is conflicting with any conditions imposed by the grading permit for the project, the more restrictive language or conditions shall prevail. The Applicant shall be responsible for addressing any unanticipated construction impacts to the neighborhood and surrounding residents to the reasonable satisfaction of the Director of Community and Economic Development Department.  i. Mass grading shall occur between April 15 through October 15, unless otherwise approved in writing by the Department of Public Works.  j. Acknowledgement that the Applicant shall be required to repair any roadway damage created by the additional construction truck traffic.   k. Acknowledgement that that the location of construction trailers shall be on- site, unless otherwise approved by the Chief Building Official.   l. Location of construction staging and material storage related to the project.       m. Environmental and safety measures:   i. Construction safety fences around the construction area  ii. Dust control and air pollution control measures.   iii. Erosion and sedimentation control measures.   iv. Tree protection fencing.   v. Construction vehicle parking  25. Pre-Construction Meeting. Prior to issuance of the first building permit for each construction area (e.g., on-site parcel(s) or building site(s), or off-site improvement construction area), a pre-construction meeting shall be held, including representatives from the Applicant and the City to review the CMP and including applicable conditions of approval. The general contractor or Applicant shall ensure that all subcontractors involved in subsequent phases of construction aware of the conditions of approval.  26. Conditions Shall be Printed on Plans. The conditions of this Permit shall be printed on the second sheet of each plan set submitted for a building permit. Additional sheets may also be used if the second sheet is not of sufficient size to list all of the conditions. The sheet(s) containing the conditions shall be of the same size as those sheets containing the construction drawings; 8-1/2” by 11” sheets are not acceptable. 27. Applicant Responsible for Compliance with Conditions. The applicant shall ensure compliance with all of the following conditions, including submittal to the project planner of required approval signatures at the times specified. Failure to comply with any condition may result in construction being stopped, issuance of a citation, and/or modification or other remedies. 4907-4416-8061 v1 - 15 - 28. Subject to All Applicable Laws and Regulations. The project is subject to, and shall comply with, all applicable City Ordinances and laws and regulations of other governmental agencies. Prior to any construction, the applicant shall identify and secure all applicable permits from the Planning and Building Divisions, Public Works Department and other affected City divisions and departments. 29. Compliance with Mitigation Monitoring and Reporting Program. The Project shall comply with all relevant mitigation measures included in the Mitigation Monitoring and Reporting Program adopted with City Council Resolution No. 12332, Exhibit B (see Resolution Exhibit 2). ENVIRONMENTAL AND DESIGN REVIEW CONDITIONS OF APPROVAL (ED25-010) Community and Economic Development Department, Planning Division 30. Project Approval. This Environmental and Design Review Permit (ED25-010) approves the construction of the above-defined Project at 25 Loch Lomond Drive. Plans submitted for building permit shall be in substantial conformance to the plans dated on April 17, 2025 with regard to building techniques, materials, elevations, and overall project appearance except as modified by these conditions of approval. Minor modifications or revisions to the Project shall be subject to review and approval by the Community and Economic Development Department, Planning Division. Modifications deemed greater than minor in nature by the Community and Economic Development Director shall require review and approval by the Planning Commission. 31. Mechanical Equipment. Plans shall demonstrate compliance with regulations set forth in San Rafael Municipal Code (SRMC) Section 14.16.320, requiring a minimum setback of five feet from the property line for all mechanical equipment. 32. Exterior Lighting. All exterior lighting shall be energy efficient where feasible; and shielded and directed downward and away from property lines to conceal light sources from view off-site and avoid spillover onto adjacent properties pursuant to SRMC §14.16.227. The Project shall be subject to a 90-day post installation lighting inspection to evaluate the need for adjustment and assure compliance with SRMC Section 14.16.227. 33. Exterior Lighting Plan. The applicant shall prepare an exterior lighting plan for the review and approval by the Community and Economic Development Director. The plan shall include all provisions included in Final EIR Mitigation Measures 3.2-5a. (Final EIR Mitigation Measure 3.2-5a).  4907-4416-8061 v1 - 16 - 34. Non-Reflective Glass. The project design shall include non-reflective and/or tinted glass to minimize potential daytime glare impacts (Final EIR Mitigation Measure 3.2-5b).  35. Landscape Maintenance. All landscaping shall be maintained in good condition and any dead or dying plants, bushes, trees, or groundcover plantings shall be replaced with new healthy stock of a size appropriate and compatible with the remainder of the growth at the time of replacement. 36. Landscape and Irrigation Plan Approval. Prior to the issuance of occupancy, a licensed landscape architect shall submit a letter to the Director of Community and Economic Development certifying that the landscape plan is in compliance with Water Efficient Landscape requirements and the Water Efficient Landscape requirements of San Rafael Municipal Code Section 14.16.370 and MMWD Ordinance No. 414 (including amendments), as applicable. 37. Affordable Housing – Number and Affordability Level. Consistent with the approved Plans and the provisions of Government Code Section 65915, the Project shall provide one (1) residential unit as affordable to low-income households which shall mean those earning no more than 80% of the Area Median Income. 38. Affordable Housing – Timing of Construction. Consistent with the City of San Rafael Guidelines for the Administration of the Affordable Housing Trust Fund, all affordable housing units shall be constructed prior to or concurrent with the construction of market rate housing units and the City shall not issue a final certificate of occupancy for the Project, or any certificate of occupancy for any of the market rate units, until the last certificate of occupancy for the affordable housing units has been issued. 39. Affordable Housing – Agreement. Prior to issuance of the first building permit for the Project, a Below Market Rate (“BMR”) agreement for one (1) affordable unit shall be approved by the Community and Economic Development Director, executed, and recorded in the records of the County of Marin. Prior to issuance of the first building permit, Applicant shall provide to City proof of such recordation. 40. Affordable Housing In-Lieu Fee. Consistent with Section B3 of San Rafael City Council Resolution 14890, Applicant shall pay an affordable housing in-lieu fee equal to 0.3 fractional units prior to building permit issuance. Based on a fee of $368,274 per affordable housing unit, the Applicant shall pay $110,482 in fractional in-lieu fees. 41. Outstanding Fees. No building permit or other post-entitlement permit shall be issued related to the Project until Applicant has paid all outstanding permit 4907-4416-8061 v1 - 17 - processing and regulatory fees related to the Project pursuant to that indemnification and reimbursement agreement entered into by the Applicant on May 13, 2025. 42. Development Impact Fees. Prior to Issuance of the first building permit for the Project, the applicant shall pay all applicable development impact fees required for this Project, including those fees mentioned herein and other fees required by ordinance. 43. City of San Rafael Department Compliance. Prior to first building permit issuance, the Applicant shall comply with all pre-building permit issuance requirements of the Department of Public Works, Community and Economic Development Department, Building Division and Planning Division, and Fire Department that are directly applicable to the Project. 44. Outside Agency Compliance. Prior to first building permit issuance, the Applicant shall comply with all San Rafael Sanitation District and Marin Municipal Water District utility company regulations that are directly applicable to the Project. 45. Project Progress and Completion. The Applicant shall diligently pursue the project’s construction through to completion, and, if at any point after building permits have been issued, the Applicant abandons construction for more than one hundred and twenty (120) consecutive days or the building permits expire, the Applicant shall demolish the uncompleted portions of the Project and restore the site to rough grade condition and shall take reasonable measures to protect public health and safety, protect the building structure from the elements, screen unsightly elements from view (such as through installation of fencing, painting or attractive screens or coverings), and maintain temporary landscaping, to the satisfaction of the Community and Economic Development Director. 46. Construction Site Maintenance. If the Applicant leaves any work of construction in an unfinished state for more than seven (7) consecutive days, the Applicant shall keep the construction site clean and properly secured using best management practices and to the satisfaction of the Chief Building Official. Building Division 47. Building Code. The design and construction of all site alterations shall comply with the latest adopted Building Codes in effect at time of building permit submission. Currently the following codes are adopted: 2022 California Building Code (CBC), 2022 California Plumbing Code (CPC), 2022 California Electrical Code (CEC), 2022 California Mechanical Code CCMC), 2022 California Fire Code (CFC), 2022 California Energy Code, 2022 California Green Building 4907-4416-8061 v1 - 18 - Standards Code and City of San Rafael Ordinances and Amendments. 48. Building Plans. A building permit is required for the proposed work. Applications shall be accompanied by a complete set of construction drawings to include: a. Architectural plans b. Structural plans c. Electrical plans d. Plumbing plans e. Mechanical plans f. Site/civil plans (clearly identifying grade plane and height of the building) g. Structural Calculations h. Truss Calculations i. Soils reports j. Green Building documentation k. Title-24 energy documentation 49. Occupancy Details on Plans. The occupancy classification, construction type and square footage of each building shall be specified on the plans. In mixed occupancies, each portion of the building shall be individually classified. 50. Occupancy Calculations. The occupancy classification, construction type and square footage of each building shall be specified on the plans in addition to justification calculations for the allowable area of each building. Site/civil plans prepared by a California licensed surveyor or engineer clearly showing topography, identifying grade plane and height of the building. 51. Building Height. Building height and story must comply with CBC Section 504. On the plan justify the proposed building area and height. 52. Building Area. Building areas are limited by CBC Table 506.2. On plan justify the proposed building area. 53. Building Area. The maximum area of unprotected and protected openings permitted in the exterior wall in any story of a building shall not exceed the percentages specified in CBC Table 705.8 “Maximum Area of Exterior Wall Openings Based on Fire Separation Distance and Degree of Opening Protection.” To calculate the maximum area of exterior wall openings you must provide the building setback distance from the property lines and then justify the percentage of proposed wall openings and include whether the opening is unprotected or protected. 54. Stairways. Multi-Family Buildings Roof Access without occupiable roof, access to the roof shall be provided through acceptable means located through CBC 1011.12.2, this shall include Stairway to elevator equipment on roof CBC1011.12.2. 4907-4416-8061 v1 - 19 - 55. Building Addressing. Each building must have address identification placed in a position that is plainly legible and visible from the street or road fronting the property. Numbers painted on the curb do not satisfy this requirement. In new construction and substantial remodels, the address must be internally or externally illuminated and remain illuminated at all hours of darkness. Numbers must be a minimum 4 inches in height with ½ inch stroke for residential occupancies and a minimum 6 inches in height with ½ inch stroke for commercial applications. The address must be contrasting in color to their background SMC 12.300.060. 56. Demolition. Any demolition of existing structures will require a permit. Submittal shall a site plan, asbestos certification and PG&E disconnect notices. Also, application must be made to the Bay Area Air Quality Management District prior to obtaining the permit and beginning work. 57. School Fees. School fees will be required for the project. Calculations are done by the San Rafael City Schools, and those fees are paid directly to them prior to issuance of the building permit. 58. Flood Zone. A portion of the subject property appears to be in a flood zone, which is identified as an area of special flood hazard. All new construction and in some cases, existing improvements, are to be designed to ensure that the potential for flooding is minimized. This may involve grading to elevate the building pad or raising of existing building components to a level above the highest flood level. No new construction, or substantial improvements of a structure which would require a building permit, pursuant to the applicable provisions of the California Building Code as adopted, shall take place in an area of special flood hazard without full compliance with the applicable flood control requirements. Prior to submittal of plans to the Building Division for plan review, the applicant shall determine where the actual flood fringe boundary lines occur on the property. The lines shall be incorporated onto a site/topographical plan which shall be included as part of the required plan information noted above. 59. Soils Report. Regarding any grading or site remediation, soils export, import and placement; provide a detailed soils report prepared by a qualified engineer to address these procedures. The report should address the import and placement and compaction of soils at future building pad locations and should be based on an assumed foundation design. This information should be provided to Building Division and Department of Public Works for review and comments prior to any such activities taking place. A grading permit may be required for the above-mentioned work. 60. Geotechnical and Civil Pad Certification. Prior to building permit issuance for the construction of each building, geotechnical and civil pad certifications are 4907-4416-8061 v1 - 20 - to be submitted. 61. Ventilation Area. Ventilation area required, the project shall meet the minimum requirements of CBC 1203.5.1 or mechanical ventilation in accordance with the California Mechanical Code. 62. Natural Lighting. Natural light, the project shall meet the minimum requirements of CBC 1205.2 or shall provide artificial light in accordance with CBC 1205.3. 63. Signage. All site signage as well as wall signs require a separate permit and application (excluding address numbering). 64. Monument Sign Address Numbers. Monument sign(s) located at the driveway entrance(s) shall have address numbers posted prominently on the monument sign. 65. Parking Garage. In the parking garage, mechanical ventilation will be required capable of exhausting a minimum of .75 cubic feet per minute per square foot of gross floor area CMC Table 4-4. 21. In the parking structure, in areas where motor vehicles are stored, floor surfaces shall be of noncombustible, nonabsorbent materials. Floors shall drain to an approved oil separator or trap discharging to sewers in accordance with the Plumbing Code and SWIPP. 66. Each building shall be provided with sanitary facilities per CPC Sec 412 and Table 4-1 (including provisions for persons with disabilities). Separate facilities shall be required for each gender. 67. Elevator Car. Minimum elevator car dimension shall comply with CBC 11B- 407.4 (interior dimension). 68. Elevators. All buildings with one or more elevators shall be provided with not less than one medical emergency service elevator. The medical emergency service elevator shall accommodate the loading and transport of an ambulance gurney or stretcher. The elevator car size shall have a minimum clear distance between walls and door excluding return panels not less than 80 inches by 54 inches and a minimum distance from wall to return panel not less than 51 inches with a 42-inch side slide door. 69. Exits. A minimum of two exits, with proper separation, are required from the third floor of each unit. The exits must located a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the area served. 70. Accessibility. The proposed facility shall be designed to provide access to the physically disabled. For existing buildings and facilities when alterations, 4907-4416-8061 v1 - 21 - structural repairs or additions are made, accessibility improvements for persons with disabilities shall be required unless CASP report states compliant. Improvements shall be made, but are not limited to, the following accessible features: a. Path of travel from public transportation point of arrival b. Routes of travel between buildings c. Parking d. Ramps e. Primary entrances f. Sanitary facilities (restrooms) g. Drinking fountains & Public telephones (when provided) h. Accessible features per specific occupancy requirements i. Accessible special features, i.e., ATM's point of sale machines, etc. 71. Accessibility Requirements. The site development of items such as common sidewalks, parking areas, stairs, ramps, common facilities, etc. are subject to compliance with the accessibility. Pedestrian access provisions should provide a minimum 48" wide unobstructed paved surface to and along all accessible routes. Items such as signs, meter pedestals, light standards, trash receptacles, etc., shall not encroach on this 4' minimum width. Also, note that sidewalk slopes and side slopes shall not exceed published minimums. The civil, grading and landscape plans shall address these requirements to the extent possible. 72. Parking Garage Vertical Clearance. The parking garage ceiling height shall have a minimum vertical clearance of 8’ 2” where required for accessible parking. 73. Multistory Access. Multistory apartment or condominium on the ground floor in buildings with no elevator at least 10 percent but no less than one of the multistory dwellings in apartment buildings with three or more and condos with four or more dwellings shall comply with the following: a. The primary entry to the dwelling unit shall be on an accessible route unless exempted by site impracticality tests in CBC Section 1150A. b. At least one powder room or bathroom shall be located on the primary entry level, served by an accessible route. c. All rooms or spaces located on the primary entry level shall be served by an accessible route. Rooms and spaces located on the primary entry level and subject to this chapter may include but are not limited to kitchens, powder rooms, bathrooms, living rooms, bedrooms or hallways. 74. Multifamily Accessible Parking. Multifamily dwelling and apartment accessible parking spaces shall be provided at a minimum rate of 2 percent of the covered multifamily dwelling units. At least one space of each type of parking facility 4907-4416-8061 v1 - 22 - shall be made accessible even if the total number exceeds 2 percent. 75. Unassigned Accessible Parking. When parking is provided for multifamily dwellings and is not assigned to a resident or a group of residents, at least 5 percent of the parking spaces shall be accessible and provide access to grade level entrances of multifamily dwellings and facilities (e.g. swimming pools, club houses, recreation areas and laundry rooms) that serve the dwellings. Accessible parking spaces shall be located on the shortest accessible route to an accessible building, or dwelling unit entrance. 76. Accessible Parking. Public accommodation disabled parking spaces must be provided according the following table and must be uniformly distributed throughout the site: 77. Accessible Van Parking. At least one disabled parking space must be van accessible; 9 feet wide parking space and 8 feet wide off- load area. Additionally, one in every eight required handicap spaces must be van accessible. At least one disabled parking space must be van accessible; 9 feet wide parking space and 8 feet wide off- load area. Additionally, one in every eight required handicap spaces must be van accessible. Department of Public Works General 78. The Applicant shall enter into a new reimbursement agreement with the City and provide a deposit prior to any meetings, reviews, construction inspection activities, and other work related to the project. Drawdowns on the deposit account may include, but are not limited to, fees and actual costs for staff and 4907-4416-8061 v1 - 23 - third-party consultant time associated with the review and inspection of traffic, civil engineering, geotechnical engineering, and surveying aspects of future project submissions. Deposit and account replenishment accounts shall be established by the City based on project needs. At the end of the project, any remaining deposit amount will be refunded. Special Flood Hazard Area 79. The project is located within a FEMA Special Flood Hazard Area (SFHA) with a base flood elevation (BFE) of 11’ NAVD88. Therefore, the project shall be designed and constructed in accordance with the applicable provisions of the California Building Code (CBC) Section 1612, ASCE 24-14: Flood Resistant Design and Construction, and SRMC Title 18 Protection of Flood Hazard Areas, including but not limited to the following requirements: a. Residential construction shall have the lowest floor elevated to a height equal to or exceeding one (1) foot above the BFE plus predicted thirty years settlement. b. Fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement shall follow the guidelines in FEMA Technical Bulletins 1 and 7. c. Elevators with components below the elevation of (BFE + 1’ + predicted 30 years settlement) shall be designed in accordance with ASCE 24-14 Section 7.5. If the project design includes such elevators, prior to issuance of building permit, the applicant shall submit project drawings that include a statement by a registered design professional that the elevators are designed in accordance with ASCE 24-14. d. At the conclusion of construction, and prior to issuance of certificate of occupancy, the applicant shall submit an Elevation Certificate (FEMA Form FF-206-FY-22 or updated version) for the development. e. At the conclusion of construction, and prior to issuance of certificate of occupancy, the engineer of record shall provide a Wet Floodproofing Letter certifying that construction of enclosures below the elevation of (BFE + 1’ + predicted thirty years settlement) is in accordance with ASCE 24-14 Section 6.3. The letter shall include information detailing how the design and construction of the enclosures meet the requirements of ASCE 24-14 Section 6.3, including but not limited to information regarding materials used, number and size of flood openings, and uses of the space. 4907-4416-8061 v1 - 24 - Public Right-of-Way 80. A minor temporary encroachment permit is required from the Department of Public Works prior to conducting any work within or any time the Public Right-of- Way (ROW) is restricted. Encroachment permits can be applied for online on the city of San Rafael website: https://www.cityofsanrafael.org/encroachment- permits/ 81. All backflow preventers, fire department connection (FDC), and other above ground utility structures shall be placed on private property. Grading and Earthwork 82. Prior to issuance of building permit or grading permit, the applicant shall provide an erosion and sediment control plan for review and approval by the City. 83. Prior to issuance of building permit, the applicant shall provide a plan review letter from the geotechnical engineer of record confirming that the project drawings are in conformance with their recommendations. 84. Prior to start of construction, a grading permit shall be required from the Department of Public Works. Applications can be found on the City’s website: https://www.cityofsanrafael.org/grading-permits/. Stormwater 85. The plans show a bioretention area encroaching outside of the final property lines. An easement or some type of agreement will need to be recorded to document formalize this agreement or the layout will need to be revised to have the bioretention area contained to the subject property. 86. This project includes more than 5,000 square feet of total impervious area replacement and creation and therefore is considered a regulated project according to BASMAA standards. The following documents are required to be provided in accordance with BASMAA and Marin County Stormwater Pollution Prevention Program (MCSTOPPP) requirements: a. Stormwater Control Plan – A written document and exhibit to accompany the plan set used primarily for municipal review to verify compliance with stormwater treatment requirements. (Needed to obtain planning/building/grading permit.) b. Stormwater Facilities Operations and Maintenance (O&M) Plan – A written document and exhibit outlining facilities on-site and maintenance activities and responsibilities for property owners. (Needed to obtain building/grading permit) c. Stormwater Facilities Operations and Maintenance Agreement – A formal agreement between the property owner and the city that shall be recorded with the property deed prior to occupancy. (Provide prior to occupancy) More information and templates are available from the MCSTOPPP website. See tools and guidance, and post-construction requirements at: https://mcstoppp.org/2020/03/new-and-redevelopment/ 4907-4416-8061 v1 - 25 - Traffic 87. Prior to issuance of a building permit, the applicant shall pay a traffic mitigation fee for 7 net new AM trips and 9 net new PM trips for a total of 16 peak-hour trips. The rate per peak-hour trip and the corresponding amount of the traffic mitigation fee will be determined based on the rate in effect on the date of building permit issuance. For reference, the current rate is $6,930 per peak-hour trip. The current rate is valid until January 1, 2026. The rate is adjusted annually per Resolution No. 14983 adopted by City Council on 10/4/2021. 88. A construction vehicle impact fee (Street Maintenance Fee), which is calculated at 1% of the valuation, with the first $10,000 of valuation exempt, shall be required and applied on the building permit. The applicant is required to remit payment of the construction vehicle impact fee prior to building permit issuance. San Rafael Sanitation District The following conditions have been provided by the San Rafael Sanitation District and are subject to change by the Sanitation District without notification from the City. The City is not the governing agency over connection, capacity and other compliance matters with respect to these utilities. 89. A sewer easement is required for any private sewer crossing between properties. TENTATIVE MAP CONDITIONS OF APPROVAL (TS25-001) 90. The project shall finalize the lot line adjustment application under the provisions of Government Code Section 66451.12(d). Pursuant to Chapter 15.05 of San Rafael Municipal Code. The associated lot line adjustment shall be completed and recorded prior to issuance of demolition permit. 91. Cultural Resource Training. Prior to issuance of a demolition permit, a qualified archeologist shall be retained by the project proponent to train the construction crew on mechanisms used to identify cultural resources. (Final EIR Mitigation Measure 3.12-1).  92. Construction Screening. a. A screened security fence, approved by the City of San Rafael, shall be installed and maintained around active construction areas to screen views of debris, equipment, and work staging areas. The screen security fence shall be removed immediately following completion of construction work authorized by the building permits. b. Dumpsters shall be regularly emptied. c. The construction site and construction staging areas shall be kept clear of trash, weeds, and construction debris. (Final EIR Mitigation Measure 3.2- 1).  4907-4416-8061 v1 - 26 - 93. Bay Area Air District Basic Best Management Practices. Consistent with General Plan Policy C-2.4 (Particulate Matter Pollution Reduction), Program C-2.4A (Particulate Matter Exposure), and the Bay Area Air District Guidelines, during any construction period ground disturbance, the applicant shall ensure that the following measures to control dust and exhaust are implemented. (Final EIR Mitigation Measure 3.5-1a).  a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. b. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. c. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. d. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph). e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. f. All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 mph. g. All trucks and equipment, including their tires, shall be washed off prior to leaving the site. h. Unpaved roads providing access to sites located 100 feet or further from a paved road shall be treated with a 6- to 12-inch layer of compacted layer of wood chips, mulch, or gravel. i. Publicly visible signs shall be posted with the telephone number and name of the person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s General Air Pollution Complaints number shall also be visible to ensure compliance with applicable regulations. 94. Nesting Bird Surveys. Pre-construction bird nesting/breeding surveys shall be conducted on and within a 100-foot radius of the project site by a qualified biologist hired by the project sponsor and approved by the City. The survey results shall be submitted to the City. In the event no nesting birds are present during the survey, no buffer is required. If nesting birds are present, a 50-foot buffer shall be established and maintained throughout the breeding season. Active nests of migratory birds shall be subject to periodic inspection by the qualified biologist. A 4907-4416-8061 v1 - 27 - 50-foot buffer shall also be established around any San Pablo song sparrow nesting colony or salt marsh yellowthroat nest found. These buffers shall remain in effect until the young have fledged. The pre-construction survey is not required if vegetation removal is initiated during the non-breeding season (FEIR Mitigation Measure 3.7-1b). 95. Vegetation Removal. All planned vegetation removal within the project grading footprint shall occur during the non-breeding season only, which is September through February. However, if through the completion of pre-construction bird nesting/breeding surveys (required by condition above) it is determined that there is no indication of bird breeding on the project site, vegetation removal can occur during the breeding season (Final EIR Mitigation Measure 3.7-1). 96. Acoustical Analysis. A final acoustical analysis shall be prepared by a qualified acoustical consultant and submitted to the City with the building permit application. The building plans shall incorporate the details and specifications recommended in the final acoustical analysis and the acoustical consultant shall provide written verification that the noise attenuation measures have been incorporated into the plans. (Final EIR Mitigation Measure 3.6-2 and 3.6.3). The foregoing Resolution was adopted at the regular City of San Rafael Planning Commission meeting held on the 9th day of December, 2025. AYES: NOES: ABSENT: SAN RAFAEL PLANNING COMMISSION ATTEST: BY: _______________________________ ________________________________ Margaret Kavanaugh-Lynch, Secretary Chair Mercado 4907-4416-8061 v1 - 28 - EXHIBITS Exhibit 1. PD 1860 Exhibit 2. Mitigation Monitoring and Reporting Program (MMRP) for the Village at Loch Lomond Marin Final IER (EIR) EXH . B MITIGATION MONITORiNGANDREPORTING PROGRAM The Village at Loch Lomond Marina, San Rafael, California; Revised June 2007 Lchlmnd .M MRP7-07 MMRP-37 EXHIBIT B MITIGATION MONITORING AND REPORTING PROGRAM The Village at Loch Lomond Marina, San Rafael, California; Rev ise d June 2007 MITIGATION MEASURE IMPLEMENTATION MONITORING MONITORlNGJ NON· MONITORING PROCEDURE RESPONSIBILITY REPORTING COMPLIANCE COMPLIANCE ACTION SANCTION! RECORD (NAME/DATE) & SCHEDULE ACTIVITY LAND US E 3.1-10: Should the City policy makers detennine that fill of wellands can be Req uire as a condition of Planning Division Draft and Deny Ves ti ng avo ided , the proposed site plan shall be rede signed to avoid filling the approval for Vesting inccrporale Tentative Tract roads ide drainage swale located directly north of the road serving the Tentative Tract Map and ccndition as part of Map and Master marina, and a human made drainage ditch ccnnection to San Rafael Master Use Perm it project approval Use Permit Bay that is located east of the Loch Lomond Market areas C and E Application identified in Sectioo 3.7 00 Ex hibit 3.7-1, Biological Resources Map . If the City s determine that fi ll of wetlands is una voidable , then th e Project Proponent shall implement the Wetlands Mitigatioo Plan as described in Section 2, Project Description, Appendix E of the Draft EIR, and as recommended by Mitigation Measures presented in Chapter 3.7 (Biological Resources). Refer to Exhibit 3, Wetland Setback Encroachment, and Exhibit 4, Wetlend Setback En croachment Detail in Volume IV, Responses to Comment s, of this Environmental Impact Report . 3.1-1b : Should the City detennine that encroachment within the required Require as a ccndition of Plann ing Div ision Draft and Deny Vesti ng wetlands setbacks is major, then the proposed site pl an shall be approval for Vesting inccrpora te Tentative Tra ct redesigned to avoid encroachment into the 50 -f oot development free Tentative Tract Map and ccndition as part of Map and Master setback from wetlands provided for in General Plan 2020 Policy CON-Master Use Penn it project approval Use Penm it 4, Wetland Setbacks . If the City s determine that encroachment with in Applica ti on the wetlands setbacks is minor, then the Pro ject Proponent shall implement the Wetlands Mi tigation Plan as described in Section 2, Project Descrip ti on. Appendix E of the Draft EIR, and as recommended by mitigation measu res pre sented in Chapter 3.7 (B iological Resources) The Project Proponent proposes to expand existing seasonal wetland habitat by crea ting th ree mitigation wetlands in th e southeastern portion of the Project area . Implemen tation of the Wetlands Mitigat ion Plan shall be monitored for ten years to ensure proper hydrolO<lic fu nction and establis hme nt of wetland vecetation . 3.1-2a: Please refer to Mitigation Meas ures 3.7 -8a-<l and 3.7-11 ail identified in Please refer to Mitigation Pl ease refer to Please refer to Please refer to Section 3.7 , (Biological Resources), and Mitigation Measure 3.8-1a-f Meas ures 3.7-8a-<l and 3.7-Mitigation Measures Mitigation Measures Mitigatioo ident ified in Sect ion 3.8. (Hydrology , Drainage, and Wate r Qua li ty). 11 ail iden ti fied in Section 3.7-8a-d and 3.7-11 a-3.7-8a-d and 3.7-Measures 3.7-8a-<l 3.7, (Biological Resources), g identified in Section 11 a-g identified in and 3.7-11ail and Mitigation Measure 3.8-3.7, (B iological Section 3.7 , identified in 1 a-f identified in Section 3.8 , Resources ), and (Biolog ical Sectioo 3.7, (Hydrology , Drainage , and Mitigation Measure Resources), and (B iological Waler Quali ty). 3.8-1 a-f identified in Mitioation Measure Resources), and Lchlmnd .MMRP7-07 MMRP-1 EXhu:l1T B MITIGATION MONITORING AND REPORTING PROGRAM --------~ -~-~----~------~ --~ -----. -~ --------. ----------. ----------------San Rafael. Callfornl -. MITIGATION MEASURE IMPLEMENTATION MONITORING MONITORINGI NON· MONITORING PROCEDURE RESPONSIBILITY REPORTING COMPLIANCE COMPLIANCE ACTION SANCTION! RECORD (NAME/DATE) & SCHEDULE ACTIVITY Section 3.8, 3.8-1 a-f identified in Mitigation Measure (Hydro togy, Drainage, Section 3.8, 3.8-1 a-f identified I and Water Quatity). (Hydrology, in Section 3.8, Dra inage, and (Hydrology, Water Quality). Drainage, and Water Quality). 3.1-2b: The Project Proponent shall adjust the General Ptan Land Use Require as a condition of Plann ing Division Draft and Deny Vesting Note: boundary to ensure that the Conservation area designation is retained approvat for Vesting incorporate Tentative Tract Latest plan revis ions propose in such areas that include jurisd iclionat wellands, with the exception of Tentative Tract Map and condition as part of Map and Master to expand the Conservation Weiland E. For these areas,the current Conservation area designation Master Use Permit project approval Use Perm it area boundaries to shall be retained. If the City 's policy makers determine that the filling of Application incorporate all but one small approximately 622 square feet of seasonat weiland is unavoidabte and drainage ditch (Wetland E). appropriate mitigation has been prov ided, then the map tand use boundary adjustment would not be required to mitigate the underlying physicat impact on the environment. 3.1·3.: Ptease refer to Mitigation Measures 3.1-1a, 3.1-1b, and 3.1-2b, Please refer to Mitigation Ptease refer to Ptease refer to Ptease refer to identified above, as well as, Mitigation Measures 3.7 -<la<! and 3.7 -11a-Measures 3.1 -1a, 3.1-1b, and Mitigation Measures Mitigation Measures Mitigat ion g identified in Section 3.7, Biological Resources, and Mitigation 3.1-2b, identi fie d above, as 3.1-1a, 3.1-1b, and 3.1-1a, 3.1-1b, and Measures 3.1-1 a, Measures 3.8-1a-f identified in Section 3.8, Hydrology, Drainage, and well as, Mitigation Measures 3.1-2b, identified 3.1-2b, identified 3.1-1b, and 3.1-2b, Water Quality. 3.7 -<la.o and 3.7-11 a-g above, as well as, above, as well as , identified above, identified in Section 3.7, Mitigation Measures Mitigation Measures as well as , Biological Resources, and 3.7 -<la.o and 3.7-11a-3.7-<la.o and 3.7-Mitigation Mitigation Measures 3.8-1 a-f g identified in Sec tion 11 a-g identified in Measures 3.7 -<la.o identified in Section 3.8, 3.7, Biological Section 3.7, and 3.7-11a-g Hydrology, Drainage, and Resources, an d Biolog ical identif ied in Water Qualify. Mitigation Measures Resources, and Section 3.7, 3.8-1 a-f identified in Mitigation Measures Biological Section 3.8, 3.8-1 a-f identified in Resources , and Hydrology, Drainage, Section 3.8, Mitigation and Water Quality. Hydrology, Measures 3.8 -1 a-f Drainage, and identi fied in Water Quality. Section 3.8, Hydrology, Drainage, and Water Quality. AESTHETICS 3.2·1: During the construction phase of the Project ,the construction contractor Require as a oondition of Ptanning Divis ion Draft and Deny Vesting I shall be required to implement the following mitigation measures: aoorovat for VestinQ inooroorate Tentative Tract Lc hlmnd.MMRP7-07 MMRP-2 EXHIBITB M ITIGATION MONITORING AND REPORTING PROGRAM The Village at Loch Lomond Marina, San Rafael. California: Revised J une 2D07 MITIGATION MEASURE IMPLEMENTATION MONITORING MONITORlNGJ NON· MONITORING PROCEDURE RESPONSIBILITY REPORTING COMPLIANCE COMPLIANCE ACTION SANCTION! RECORD (NAMEIDATE) & SCHEDULE ACTIVITY • A screened security fence, approved by the City of San Rafael, Tentati ve Tract Map and conditioo as part of Map and Master shall be insta ll ed and maintained around active construction Master Use Permit project approval Use Permit areas to screen views of debris , eQuipment , and work staging Application areas . The screen security fence shall be rem ov ed immediately foll owi ng comple tion of construction work authori zed by the Measures to be installed by Bui lding Division Complete sit e Halt grading and Bu ild ing Permits . Projec t Sponsor Publi c Works inspection during co nstruction until • Dumps ters shall be regularly emptied. construction meas ures are • The constructioo site and constructioo staging areas shal l be kept installed clear of trash , weeds, and construction debris . Compliance with this measure is subjact to pe riodic inspection s by the Cit y of San Impleme nt co ntrol measures Project Sponsor Du ring grad ing and Halt grading and Rafae l. coostruction constructioo until act ivities measures are inst alled 3.2·54 : Prio r to issuance of Building Permits , the app licant shall prepare an Require as a condition of Plann ing Division Draft and Deny Vesting exterior li ghting plan fo r the review and approval of the Design Review Bu il ding Permit appr oval in corpo ra te Tentati ve Tract Boa rd . The plan shall include the fol low ing : condition as part of Map and Mas ter • Sufficient exterior lig hting to establ ish a sense of well-being to the project app roval Use Perm it pedestrian and one that is sufficient to facilitate recogniti on of Application persons at a reasonable distance. Type (lighting standard ) and placement of lig hting shall be to the satisfactioo of the Pol ice Rev iew lighting plan as part Plannin g Div isioo Pr io r to appro val of Deny Des ign Department and Department of Public Works; of the Design Review Permit Des ign Review Review Perm n • All areas of the Project site; application process Permit application • Van dal resistant garden and exterior lighting; • A lighting stan dard that is shie lded to di rect illuminatioo InCOljlO(ate into final Project Sponsor Prio r to filing an Reject Bu ilding downward and to limit casting light and gla re on adjacent cons truct ioo plans application fo r a Permit applicatioo proparties; Building Permit • Exterio r lighti ng on a master ph otoelectriC cell, wh ich is set to operate during hours of darkness; Constructioo drawings Planning Divisioo Prior to issua nce of Do not issue • A minimum of one foot-candle at ground le vel over lap provided in reviewed by City staff Bu il ding & Safety Building Permit Building Perm it all exter ior doorways and vehic le parking areas, and on outdoor Div ision pedestrian wa lkways presented on a photometric plan ; • Exterior lighting fo r residentia l dwellings wi thin 100 feet of the Ughti ng is inst alled Project Sponsor City staff completes Occupancy of eastem wetlands shall not exceed 10 foot -candl e and should be Plann ing Division site inspectioos Bui ldin gs is denied mounted low to reduce glare into the adjace nt sensitive areas; until li ghting is and installed and • The plan shall inc lude a note requiring a site inspection 30 days tested following installa tio n and operation of the lighting. The post construction inspect io n by the City shall allow adj ustments in the - Lch lmnd.MMRP7 ·07 MMRP-3 EXh,dlTB M IT IGAT ION MONITORING AND REPORTIN G PROGRAM The V ill age at Loc h Lomond Marina . San Rafae l, Ca lifo rni a; Revised June 20 07 MITIGATION MEASURE IMPLEMENTATION MONITORING MONITORINGI NON· MONITORING PROCEDURE RESPONSIBILITY REPORTING COMPLIANCE COMPLIANCE ACTION SANCTIONI RECORD (NAMEiDATE) & SCHEDULE ACTMTY direction or intensity of the lighting, if necessary. . Prior to issuance of Building Permits, the Project Proponent shall subm it a ph otometric ana lysis to the Design Review Board for review and aooroval. 3.2-5b: Consisten t with the Design Review Permit cri teri a established in the Requ ire as a condition of Pl anni ng Di vision Draft and Deny Vesti ng San Rafael Mu nici pal Code Title 14 (zoning), Chap ter 25 (Design Building Permi t approv al incorporate Tentative Tr act Rev iew), the proposed Projec t shall be desig ned with non-reflective con dition as part of Map and Master andlor tinted glass to minimize potentia l daytime glare impacts. project approval Use Perm it Application Incorporate into final Project Sponsor Prior to filing an Rejec t Building construction plans application fo r a Permit appl ication Bui lding Permit Co nstru ction drawings Plan ning Division Prio r to iss uance of Do not issue reviewed by City staff Building Division Building Pe rmit Building Permit Glass is installed Project Sponsor City staff completes Occu pancy of Planning Division si te inspections Buildi ngs is denied un til glass is installed and reflectivi ty is verified TRAFFIC AND PARKING 3.4-48: Pr ior to issuance of a Certificate of Occupancy for the first Building, the Requi re as a co ndi tion of Pla nning Divis ion Dr aft and Deny Vesti ng proposed Project shall provide 'No Parki ng' signs, pavemen t marki ngs approva l for Vesting incorporate Tentative Tr act and appropriate garage se tback standards (se tbacks shall be ei ther 5 Tentat ive Tract Map and condition as part of Map and Maste r feet or less or, alternately, 20 feet or more) along rear-a ll eys to provide Master Use Permit project approval Use Permit adequate emergency access to res idential areas . Ap plication Measures to be installed by Project Sponsor City Staff completes Occupancy of Project Sponso r Bu il ding Division site inspections Buildings is denied until measures are installed 3.4-411: Prio r to approval of the Project, the proposed Project shall redesign the Requi re as a condition of Planning Division Draft and Deny Vesting Note: rear-alley serving the duster of townhouses at the southwest comer to approval for Vesting Fire Marshal incorporate Tentative Tract Lates t plan revisions replace inctude a vehicle tumaround, secondary emergency access, or through Tentative Tract Map and condition as part of Map and Master rear alleys with parking courts Lch lm nd.M M R P7-07 MMRP-4 EXHIBITB MITIGATION MONITORING AND REPORTING PROGRAM The Village at Loch Lomond Marina. San Rafael. California: Revised June 2007 -MITIGATION MEASURE IMPLEMENTATION MONITORING MONITORINGI NON· MONITORING PROCEDURE RESPONSIBILITY REPORTING COMPLIANCE COMPLIANCE ACTION SANCTIONI RECORD (NAMEfDATE) & SCHEDULE ACTIVITY alleyway des igned to the satisfaction of the Fire Marsha l. Master Use Perm it project approva l Use Permit that comp ly with the City cul - App lication de-sac standa rds , which would eli minate th is impact . AIR QUALITY 3.!i-la: The Project Cont ractor shall implemen t the following control measures Require as a condition of Plann ing Division Draft and Deny Vesting during construction ac ti vities to reduce PM" emissions per the approval for Ve st ing incorporate Tentative Tract BAAQMD 's recommendation. Tenta tive Tract Map and con dition as part of Map and Master • Water all active construct ion are as at least twice daily. Master Use Permit project approval Use Perm it • Cover all trucks hauling soi l, sand and othe r loos e materials or Application require all trucks to mainta in at least two feet of freeboard . • Pave, apply water three times daily, or apply (non-toxic) soil Incorporate measures int o Pla nning Divis ion Prior to issuance of Do not issue sta bilizers on all unpaved access roads, parking areas and final construction plan s a Bu ild ing Permit Bui lding Permit staging ar eas at construction sites. • Sweep daily (with water sweepers) all paved access roads, Construc tion drawings Planning Div ision Prior to issuance of Do not issue parki ng areas and stag in g areas at construction sites . rev iewed by City staff Bui lding & Safety a Bu ildin g Permit Build ing Permit • Sweep streets daily (with water sweepers) if visible soil material Division is carried onto adjacent publi c streets. • Hydroseed or app ly (non -toxic) soil stabilizers to inactiv e Measures to be installed by Project Sponsor Complete site Halt grading and cons truction areas (p re viously graded areas inactive for 10 days Projec t Sponsor Bu ilding & Safety in spections during const ru ction until or more ). Div ision construction measures are • En clos e, cover, water twice dai ly or apply (no n40xic) soil binders implemented to exposed stockpiles (dirt, sand , etc.) • Lim it traffic speeds on unpaved roads up to 15 mph . Implement control measures Project Sponsor During grading and Halt grad ing and • Install sandbags or othe r eros ion con trol measures to prevent silt cons tru ction const ru ction unt il ru noff to public roadways. ectivities measures are • Replant vegetation in disturbed are as as quick ly as possible. implemen ted • In st all wheel washers for alt exiti ng trucks, or wash off the tires or racks of all trucks and equ ipment leav in g the site. • Install windbrea ks, or plant treeslvegetative windbreaks at windward side(s ) of construction sites . • Suspend excavati on and grading activity when wi nds (insta ntaneous gusts) exceed 25 mph. 3.!i-lb : Prior to appro va l of the Pr oject plans and specifications, the City of San Require as a co nd ition of Planning Div ision Draft and Deny Ves tin g Rafael shall confirm that the pla ns and specificatio ns stipula te that, approval for Ve st ing inoorporate Tentative Tract ozone precursor emissions from construct ion equipment veh icles shall Tentative Tra ct Map and condition as part of Map and Master be controlled by maintaining equipment engines in good con dition and Master Use Permit project approval Use Permit in proper tune per manufacture~s specifications , to the satisfaction of Appl ication the City . The City inspector shall be responsible for ensurin g that Lchlmnd .MMRP7-07 MMRP-5 EX."d ITB MITIGATION MON ITORING AND REPORT ING PROGRAM The Village at Loch Lomond Marina, San Rafael, CalHomla; Revised J une 2 007 MITIGATION MEASURE IMPLEMENTATION MONITORING MONITORINGI NON· MONITORING PROCEDURE RESPONSIBILITY REPORTING COMPLIANCE COMPLIANCE ACTION SANCTION/ RECORD (NAME/DATE) & SCHEDULE ACTIVITY contractors comply with this measu re during construction . Measures to be installed by Project Sponsor Complete site Halt grading and Project Sponsor Building & Safety inspections during construction Division construction activities until measures are imptemented Implement control measures Project Sponsor During grading and Halt grad ing and construction oonstruction unt il activities measures are implemented 3.5-1c: Prior to issuance of Greding Permits or approval of grad ing plans , the Requ ire as a condition of Planning Div ision Draft and Deny Vesting Applicant shall include in the construction contract standard approval for Vesting incorporate Tentative Tract specifications a written list of instructions to be ca rr ied out by the Tentative Tract Map and oondition as part of Map and Master construct ion manager specifying measures to minimize emissions by Master Use Permit project approva l Use Permit heavy equipment. Measures shall include provisions for proper Application maintenance of equ ipment engines , measures to avoid equipment idling more than two minutes and avoidance of unnecessary delay of traffic on Measures to be included in Project Sponsor Prior to approva l of Deny Grading off-site access roads by heavy equipmen t blocking traffic. the constructioo contract by Building & Safety Grading Permi ts Permi t applica tion Project Sponsor Division Implement control measures Project Sponsor During grading and Halt grading and construction cons tructioo unt il activities measures are implemented 3.5-1d : Shou ld asbestos be determined to be present with in the existi ng Requi re as a condition of Planning Division Draft and Deny Vesting structu res of the Project, the Project ProponenUProject Contractor shall approval for Vesting incorporate T entalive Tract be required to comply with BAAQMD Regulation II , Ru le 2, Hazardous T entalive Tract Map and conditioo as part of Map and Master Materials ; Asbestos Dem oli tioo, Renovation and Manufacturing during Master Use Permit project approval Use Permit the demolition process or any Buildi ng renovat ion process. Appl ication Conduct an Asbestos Survey Ucensed Asbestos Prior to issuance of Deny issuance of Abatement Inspector Demolition Permns Demolition Permits Engineering Services Division Monitor grading , demolition , Building Division Inspect site during Halt grading , and construction activities qradinQ , demolition , demolition, and -----------_ .. - Lc h lmnd.MMRP7-07 MMRP-6 EXHIBIT B MITIGATION MONITORING AND REPORTING PROGRAM The Vill age at Loch Lomond Marina, San Rafael, California; Revised June 2007 MITIGATION MEASURE IMPLEMENTATION MONITORING MONITORINGI NON· MONITORING PROCEDURE RESPONSIBILITY REPORTING COMPLIANCE COMPLIANCE ACTION SANCTIONI RECORD (NAME/DATE) & SCHEDULE ACTIVITY and construction construction activities activities if asbestos is found. Implement controt measures Project Sponsor Inspect site during Halt grading, grading, demolition, demolition, and and construction construction activities activities if asbestos is found. NOISE 3.6-1a: PriO( to Grad ing Permit iss uance, the Applicant must demonstrate, to Require as a condition of Planning Division Draft and Deny Vesting the satisfaction of the City of San Rafael , that the Project complies with approval fO( Vesting incorporate Tentative Tract the following: Tentat ive Tract Map and condit ion as part of Map and Master 1) All construction equipment, fixed or mobile, shall be equipped Master Use Permit project approval Use Permit with property operating and maintained mufflers; Application 2) Construction noise reduction methods such as shutting off idling equipment , installing temporary acoustic bamers around Prepare and submit plans Project SponsO( PriO( to filing Reject application stationary construction nois e sources , maximizing the distance and specifications addressing application for fO( Grading Perm it between construction equipment staging areas and occupied attenuation of noise during Grading Permit unti l plans and residential areas , and use of electric air compressors and construction specifications are similar power tools (rather than diesel equipment) must be submitted used when feasible; 3) During construction, stationary construction equipment must be placed such that emitted noise is directed away from sensitive Measures to be installed by Project Sponsor Complete site Halt grading and noise receivers; Project Sponsor Building Division inspections during construction 4) During construction , stockpiling and vehicle staging areas must construction activities until be located as far as pra ct ical from no ise sensitive receptors; measures are 5) Earthmoving equipment operating on the const ruction site, implemented must be as far away from vibration-sensitive sites as possible ; and 6) Construction hours, allowable workdays , and the te lephone number of the job noise disturbance coordina tor must be dearty posted at all construction entrances to enable surrounding owners and residents to contact the job coord inator . If the City or the job coo rd inator receives a complaint, the coordinator shall in vestigate, take appropriate corrective action, and report the action taken to the re porting party . - - - Lchlmnd .MMRP7-07 MMRP-7 EXh.~fTB M IT IGATION MONITORING AND REPORTING PROGRAM The Village at Loch Lomond Marina. San Rafael. California: Revise d Ju ne 2007 MITIGATION MEASURE IMPLEMENTATION MONITORING MONITORlNGJ NON· MONITORING I PROCEDURE RESPONSIBILITY REPORTING COMPLIANCE COMPLIANCE ACTION SANCTIONI RECORD (NAME/DATE) i & SCHEDULE ACTIVITY ! 3.6·lb: Residen ces within 1,000 feet of a construction area shall be notified of Requi re as a condition of Planning Division Draft and Deny Vesting the construction schedu le in writ ing, prior to construction as we ll as a approval for Vesting incorporate Tentative Tra ct telephone number of the Project noise disturbance ooord inator. The Te ntative Tract Map and condition as part of Map and Master contractor shall designate a no ise disturbance ooo rd inator who would Master Use Perm it project approva l Use Penm it be res po ns ible for responding to complaints regarding construction Application noise . The ooordinator sha ll determ ine the cause of the comp laint and ensure that reasonable meas ures are im plemented . A contact number Proof of mailing prov id ed as Project Sponsor Prior to issuance of Do not issue for the noise distu rbance ooordinator shall be con spicuously placed on demolit ion, grad ing, and Plann in g Division demolition, grad ing , demolition, construction si te fences and written into th e construction noti ficat ion Build ing appl ications and Buildi ng grad ing, or Buil ding schedule sent to nearby residences . applications appl icat ions Measures to be installed by Project Sponsor City Staff completes Halt demolition, Project Sponsor Building Division site inspections grading, and co nst ruction until measures are implemented 3.6·l e: For projects within 1,000 feet of sensitive receptors , impact equ ipment Requ ire as a condition of Plan ning Division Draft and Deny Vesting (e.g., jack hammers, pa vement breake rs, and rock drills) used for approval for Vesting incorporate Tentative Tract construction shall be hydraulically or electrical powered wherever Tentat ive Tract Map and condition as part of Map and Master possible to avoid noise associated with co mpressed air exhaust from Master Use Penm it project appro val Use Penmit pneumatically powered tools. However, where use of pneumatically Appl ication powered tools is unavoidable , an exhaust muffler on the compressed air exhaust shall be used . Incorporate measures into Planning Division Prior to issuance of 00 not issue final construction plans a Bu ilding Penmit Building Penm it Construction drawi ngs Plan ning Division Prior to issuance of Do no t issue re viewed by City staff Building Division a Buildin g Permit Building Perm it Measures to be insta ll ed by Project Sponsor Complete site Halt grading and Proj ect Sponsor Build ing Division inspect ions during construction until construction measures are implemented Imple men t control measure s Project Spons or During grading and Halt grading and construct ion construction un ti l activities measures are imolemented Lch lmnd .MM RP7-07 MMRP-8 EXHIBIT B MITIGATION MONITORING AND REPORTING PROGRAM The Village at Loch Lomond Marina. San Rafael. California: Revised June 2007 MITIGATION MEASURE IMPLEMENTATION MONITORING MONITORlNGJ NON· MONITORING PROCEDURE RESPONSIBILITY REPORTING COMPLIANCE COMPLIANCE ACTION SANCTIONI RECORD (NAME/DATE) & SCHEDULE ACTIVITY 3.6-1d : For projec ts with in 1.000 feet of sensitive receptors . sonic or vibratory Require as a condition of Planning Division Draft and Deny Vesting pite drivers sha ll be used instead of impact pile drivers (son ic pi le approval for Vesti ng incorporate Tentative Tract dri vers are only effect iv e in some soils) whenever possible. If sonic or Tentat ive Tract Map and condit ion as part of Map and Master vibratory pile drivers are not feasible. acoustical enclosures shall be Master Use Permit project approval Use Permit provided as necessary to ensure that pile.<Jriving noise does not exceed Application speech interierence criterion at the closest sens itive receptor. Eng ine and pneumatic exhaust controls on pile drivers shall be required as Incorporate mea sures into Planning Division Prior to issuance of Do not issue necessary to ensure tha t exhaust no ise from pile driver engines is fina l construct io n plans a Building Permit Building Permit minimized to the extent feasible . Where feasible . pile holes sh al l be pre- drilled to reduce potential noise and vibration impacts . Construction drawings Planning Division Prior to issuance of Do not issue rev iewed by City staff Building Division a Building Permit Build ing Permit Measures to be installed by Project Sponsor Comp lete site Halt grading and Project Sponsor Bu il ding Division inspections during construction unt il construction measures are implemented Implement control measures Project Sponsor During grad in g and Halt grading and construction cons tructi on until activities measures are imp lemented 3.6-2: Pri or to the issuance of Bu il din g Permits the Appl icant sha ll Require as a cond ition of Plann ing Div ision Draft and Deny Vesting demonstrate that electrica l and mechanical equipment (Le .• ventilation approval for Vesting incorporate Tentat ive Tra ct and air conditioning unils) for commercial buildings shall be localed as Tentati ve T racl Map and condilion as part of Map and Masler far iNl ay as possible from residenlial areas. Additionally. the following Master Use Perm il project approval Use Permil shall be cons idered prior to inslallation: proper selection and sizing of Applicalion equipment. inslallalion of equipmenl with proper acouslical shielding. and in co rporating the use of pa rapet s into the building design . In the Incorporate measures into Planning Division Prior to issuance of Do not issue event Ihere are significanl changes to the proposed project site pl an final conslruction plans a Building Perm il Building Permil priorto approval of a Building Permil. a subsequent no ise analysis may be prepared. in addition to Ihe WIAI report . to the salisfaction of the city Construction drawings Planning Division Prior to issuance of Do not issue of San Rafael. demonstrating and ver ifying that all feasible noise reviewed by City staff Building Division a Building Permil Building Permil attenuat ion measures have been incorporaled into !he construction des ign of the commercial buildings and the res idential un its . The acoust ica l ana lys is must be periormed to demonstrate and verify that Measures to be installed by Project Sponsor Complete site Halt grading and Ihe noise levels do not resu lt in exceeding the City standards within Project Sponsor Bui lding Divis ion inspect ions during construction until Lchlmnd .MMRP7-07 MMRP-9 EXH'w.fB MIT IGATION MONITORING AND REPORT ING PROGRAM The Village at Loc h Lomond Marina. San Rafael. California: Revised June 2007 MITIGATION MEASURE IMPLEMENTATION MONITORING MONITORlNGJ NON· MONITORING PROCEDURE RESPONSIBILITY REPORTING COMPLIANCE COMPLIANCE ACTION SANCTION! RECORD (NAME/DATE) & SCHEDULE ACTIVITY exterior living areas. construction measures are implemenled Implement contro l measures Project Sponsor During grading and Halt grading and cons truction construction until activities measures are implemented 3.6-3: Prior 10 the issuance of Bu ild ing Permits, the Applicant shall Requ ire as a co ndition of Planning Division Draft and Deny Vesting demonstrate to the City of San Rafael that proper noise attenuation is approval for Vesting incorporate Tentative Tract prov ided to residentia l un its within 220 feet of the cente rline of Point Tentative Tract Map and condition as part of Map and Master San Pedro Road. In order to meet the Californ ia Bui lding Code Mas ter Use Permit project app roval Use Permit acoustical design requ irements and the City's interior no ise standards, Application residents must have the option to keep the windcws permanently closed, requiring alternate means for ventilation that does not Incorpora te measures into Plann ing Divis ion Prior to issuance of Do not issue co mp romise the aco ustical integrity of the Building shell. The alterative final construction plans a Building Permit Building Perm it vent ilatio n shall be incorporated in exterior walls of every habitable room within 220 feet from the centerline of Point San Pedro Road that Construction drawings Plan ning Division Prior to issuance of Do not issue does not have at least one windcw facing away from the road . reviewed by City staff Bu il ding Div ision a Bui lding Perm it Build ing Permit Measures to be installed by Project Sponsor Complete site Occupancy of Project Sponsor Building Division inspections during Bui ldings is denied ! construction until measures are I ins tall ed i Lchlm nd .MMR P7·07 MMRp·10 EXHIB ITS M ITI GATION MON ITORING AND REPORTING PROGRAM The Villag e at Loch Lo mond Marina, San Rafael, California; Revised June 2007 MITIGATION MEASURE IMPLEMENTATION MONITORING MONITORING! NON· MONITORING PROCEDURE RESPONSIBILITY REPORTING COMPLIANCE COMPLIANCE ACTION SANCTIONI RECORD (NAMElDATE) & SCHEDULE ACTIVITY BIOLOGICAL RESOURCES 3.7·1a: All planned vegetation remova l within the Project foot print. shall occur Require as a condi tion of Planning Division Draft and Deny Vesting only during the non-breeding season (Se ptember through February ). approval for Vesting incorporate Tentative Tract un less, as recommended by Mitigat ion Measures 3.7-1b, a pre-Tentative Tract Map and condit ion as part of Map and Master construction survey is completed. Master Use Permil project approval Use Permit Application Incorporate into demolition, Project Sponsor Prior to filing an Do not issue grading andlor construction application for demolition, grading plans demolition, grading or build ing permit or building Construction draw ings Planning Division Prior to issuance of Do not issue reviewed by Cil y staff Bui ldi ng Division demo lition , grading , demol ition, grading and Build in g or bu ildi ng permit Permits Measures to be ins talled by Project Sponso r City Staff completes Project Sponsor Bu il ding Division site inspections Do not issue demolition , grading , and Build ing Permits 3.7·1 b: Prio r to the issuance of grad in g pem1its or building permits, Require as a condition of Planning Div ision Draft and Deny Vesting preconstruction surveys shall be conducted within a 100-foot rad iu s of approval for Vesting incorporate Tentative Tract the proposed Projecl by a qualified biologist approved by the City in Tentative Tract Map and condition as part of Map and Master order to iden tify any nesting birds on or near the Project site. In the Maste r Use Pennit project app roval Use Permit event no nesting birds are present during the survey , no buffer is Application required . If nesting birds are present, a 5O-f00t buffer shall be established and mainlained throughout the breeding season and will be Incorporate into demolition, Project Sponsor Prior to filing an Do not issue subject to periodic inspection by the Project Proponent or designee by grading andlor construction application for demolition, grading the City around any active nest of a migratory spec ies that is found. A plans demolition, grad ing or building permit 5O-foot buffer shall also be established around any San Pa~o song or building sparrow nesting colony or sail marsh yellowthroat nest found . These buffers shall remain in effect unt il the you ng have fledged. It should be Incorporate results into Project Sponsor Prior to issuance of Do not issue noted that surveys are not requ ired if vegetation removal is initiated grad in g and final construction demolition, grading, demolition, during non-nesting season . Permits and Bu il ding grading, and Permits BuildinQ Permits ------ Lc hlmn d .MMRP7-07 MMRP-11 EXH,~.TB M ITIGATION MONITORING AND REPORTING PROGRAM The Village at Loch Lomond Marina, San Rafael, California; Revised June 2007 MITIGATION MEASURE IMPLEMENTATION MONITORING MONITORING! NON· MONITORING PROCEDURE RESPONSIBILITY REPORTING COMPLIANCE COMPLIANCE ACTION SANCTIONI RECORD (NAMElOATE) & SCHEDULE ACTIVITY Construction drawings Plann ing Divis ion Prior to issuance of Do not issue , ! rev iewed by City staff Building Division demolition, grading, demolition, and Building grading , and Penn its Building Permits Measures to be installed by Project Sponsor City Staff completes Halt demolition, Project Sponsor Bu il ding Division site inspections grading , or construction 3.7·1e: The existing seasonal wetland habitat sha ll be expanded and enhanced Require as a condition of Planning Division Draft and Deny Vesting pursuant to the proposed Wetland Management Plan to crea te a larger approval for Vesting incorporate Ten tative Tract more complex habi tat capable of supporting a higher diversrty of wildlife Tentative Tract Map and Use condit ion as part of Map and Master species and greater plant density for nest building retative to the Pennit project approval Use Penni t ex ist ing conditions. Implementat ion olthe Wetlands Management Plan Application would create a larger, more dive rse , higher functioning seasonal wetland than the fonner smaller, low value seasonat wetlands by Review plan as part of the Planning Div ision Prior to approval of Deny Design combining the two largest seasonal wetland areas, and by replacing Design Review Pennit Design Review Review Pennit non-native vegetation with vegetation native to the area . In addition , the application process Permit application newly restored/created wetlands would be fenced off in order to reduce human and pets from intruding into the sensitive habitats, which could Incorpo rate into final Project Sponsor Prior to filing an Reject Building cause special-status birds to abandoned their nests. The newly construction plans application for a Permit application restored/created seasonal wetland would increase the amount of high Building Pennit qual ity nesting habitat for special status species and other birds . The Wetlands Mitigation Plan shall fully monitor the expanded wetlands for Construction drawings Planning Division Prior to issuance of Do not issue five years to ensure proper hydrolog ic function and establishment of reviewed by City staff Building Division Building Pennit Building Permit wetland vegetation. Wetlands are constructed Project Sponsor City staff completes Occupancy of Pla nning Division site inspections Buildings is denied until wetlands are const ru cted Wetlands are monitored to Project Sponsor Periodic inspections Revoke Use Pennit ensure proper function Planning Division by City Staff if wetlands fail to function and are not maintained ---- Lchlmnd .MMRP7-07 MMRP-12 EXH I.sITB MITIGATION MONITORING AND REPORTING PROGRAM The Village at Loch Lomond Marina . San Rafael. California: Revised June 2007 MITIGATION MEASURE IMPLEMENTATION MONITORING MONITORINGJ NON· MONITORING PROCEDURE RESPONSIBILITY REPORTING COMPLIANCE COMPLIANCE ACTION SANCTIONI RECORD (NAMEIDATE) & SCHEDULE ACTIVITY 3.7·3a: All breakwate r repair work below the MHWM shall be conducted during Require as a condition of Plann ing Division Draft and Deny Vesting a low tide . Both breakwa ter repair and yach t club piling replacement approval for Vest ing incorporate Tentat ive Tract work shall be undertaken during the season when migratory fish are Tentative Tract Map and condition as part of Map and Master absent or, in the case of some salmonid species, when only adults are Master Use Permit project approval Use Penm it present (i.e., between early August and early November). All grading App lication and Building Permits issued by the City for work in this regard shall refl ect these restri ctio ns. Implementation of these provis ions by the Incorporate measures into Project sponsor Prior to application Do not accept Project Proponent sha ll be subject to periodic inspection by the City. construction plans filing applications The Project Proponent shall conduct pile-driving activities on ly within one of the work windows estab li shed by NOM and CDFG to avoid Construction drawings Planning Division Prio r to issuance of Halt demo li tion , impacts on protected fish spectes . Construction of the proposed Project rev iewed by City staff Bu ilding Division demol ition , grading , grading , or in these biologica ll y sens itive areas would occu r between the work and Bui lding construction windows of 7 AM-6 PM Monday through Friday, and on ly during the Penmits NOM and CDFG approved months of August to November (refer to Section 3.6, Noise). The comb ination of conducting work below the Measures to be ins tall ed by Project Sponsor City Staff completes Do not issue MHWM during low tide and during a NOANCDFG wonk window would Project Sponsor Building Divis ion site inspect ions demolition, reduce potential impacts to a less tha n significant leve l. Prior to the grading , and issuance of Building Permits for the yacht club , the Project Proponent Build ing Penmits shall demonstrate to the sa ti sfaction of the Commun ity Development Director and the City Eng ineer that proposed J>1e-driving techniques Incorporate into demolition, Project Sponsor Prior to filing an Ha lt demolition, would not generate acoustic levels above 180 decibels . grading , and construction application for grading, or plans demOlition, grad ing , const ruction and Building Perm its 3.7·3b: The Project Proponent shall utilize pile repa ir techniques that do not Require as a cond ition of Planning Division Draft and Deny Vesting generate acoustic levels above 180 decibels. Decibel levels under 180 approval for Vesting incorporate Tentative Tract are considered below the thresho ld in whi ch significant impacts to Tentative Tract Map and condit ion as part of Map and Master migratory fish can occur. Mas ter Use Permit project approval Use Penmit Appl ication Incorporate measures into Project Sponsor Prior to issuance of Do not issu e permit final constructi on plans a demol ition, grading , or bu ild ing Penmit Construction drawings Planning Division Prior to issuance of Do not issue penm it reviewed by City staff Bu ilding & Safety a Build ing Penmit Division Lch lm nd .MMRP7·07 MMR p ·13 EXHlalT B MITIGATION MONITORING AND REPORTING PROGRAM The Village at Loch Lomond Marina, San Rafael, California; Revised June 2007 MITIGATION MEASURE IMPLEMENTATION MONITORING MONITORINGI 3.7-4: All work below the MHWM shall be conducted only at low tide and on ly during June through October to avoid distu rbing watertow during winter foraging periods . All grading and Bu ildi ng Permits issued by the City shall illus trate these restrictions . Work in this regard shall be subject to periodic inspections by the City . 3.7·8a: Prior to the issuance of Certificates of Occupancy . the Pro ject Proponen t shall install weather resistant signs in common areas near the onsite wetlands exp la in ing the importance of keeping pets away from wildlife and maintain~ the tidal marsh and wetland habitats for Lch lmnd.MMRP7-07 PROCEDURE RESPONSIBILITY REPORTING Measures to be installed by Project Sponsor Implement control measures Require as a condition of approva l for Vesting Tentative Tract Map and Master Use Permn Incorporate into demolition, grad in g, and construction plans Construction drawings reviewed by City staff Measures to be installed by Project Sponsor Requ ire as a condition of approva l for Vesting Tentative Tract Map and Master Use Penn it Public Works Departme nt Project Sponsor Building Division Project Sponsor Planning Division Project Sponsor Plann ing Divis ion Building Division Project Sponso r Bui ldin g Division Planning Oivision ACTION & SCHEDULE Complete site inspections during construction During grading and construction activities Draft and incorporate condition as part of project approval Prior to filing an appiication for demolit ion, grading , and Building Pennits Prior to issuance of demolition , grad ing , and Bu ildi ng Penni ts City Staff completes site inspections Draft and incorporate condition as part of pro ject approval NON· COMPLIANCE SANCTION! ACTIVITY Halt grading and construction until measures are implemented Halt grading and construction until measures are implemented Deny Vesting Tentative Tr act Map and Mas ter Use Pennit Appiication Do not issue demolition , grading , and Building Permits Do not issue demolition, grading , and Bu ild in g Pennits Halt demolition, grading, or construction Deny Vesting Tentative Tract Map and Master Use Pennit MONITORING COMPLIANCE RECORD (NAME/DATE) MMRP-14 EXh._,TB MITIGATION MONITORING AND REPORTING PROGRAM The Village at Loch Lomond Marina, San Rafael, California; Revised June 2007 MITIGATION MEASURE IMPLEMENTATION MONITORING MONITORINGI NON· MONITORING PROCEDURE RESPONSIBILITY REPORTING COMPLIANCE COMPLIANCE ACTION SANCTION! RECORD (NAME/DATE) & SCHEDULE ACTIVITY native spedes such as the California clapper rail and other sensitive Appiicatioo spedes. In addition , the Project's proposed Property Owners Association (POA) shall be responsible maintaining these signs . These Measures to be insta lled by Project Sponsor City Staff completes Occupancy of signs should : Project Sponsor Bu il ding Division site inspections Bu ildings is denied 1 ) Communicate the prohibition of allowing dogs or cats to roam until measures are freely and explain why; installed I 2) Exp lain the importance of keeping all cats indoors, especially those living near the marsh ; and 3) Communicate the prohibitioo of feeding wild an imals that may draw predators to marsh birds . Furthermore , the CC&Rs or bylaws of the HOA shall incorporate language that prohibits dogs from being off leash while on common areas belooging to the HOA. The HOA may establish areas where dogs are allowed off leash; however, these areas must be located away from the onsite tidal and seasonal wetlands. The CC&Rs or bylaws shall also restrict any homeowner from allowing their cat to roam free outside. In addition, the CC&Rs or by laws shall allow the board of directors to assess fines for any homeowner not abiding by the above requirements . 3.7-8b: Should the City detenmine that the proposed improvements that Require as a condition of Planning Division Draft and Deny Vesting encroach within the 5O-foot wetland setback are not minor and would be approval for Vesting incorporate Tentative Tract inconsistent with General Plan 2020 Policy CON-4, then these Tentative Tract Map and condition as part of Map and Master proposed improvements should be removed and the current conditions Master Use Permit project approval Use Penmit shall be reta ined. Should the Cit y detenmine that the proposed Application improvements that encroach with in the 50-foot wetland setback are minor and consistent with General Plan 2020 Policy CON-4, then Incorporate measures into Planning Division Prior to issuance of Do not issue Project Proponent shall be required to im plement a landscape and final construction plans a Building Perm it Building Penmit fe ncing buffer designed by a qualified biologist. However, the cul-<le- sac located at the eastern terminus of the ma rina parking area should Construction drawings Planning Division Prior to issuance of Do not issue be reconfigured to increase and improve the buffer zone in this area to reviewed by City staff Bu ilding Division a Build in g Penm it Building Penm it the extent feasible , while main taining minimum requirements for emergency vehicle access and maneuvering . The cul-<le-sac reconfig uration , however, would not be required ~ the City finds that the Measures to be installed by Project Sponsor Complete site Do not issue proposed cul -de -sac encroachment to the wetland setback is minor. Project Sponsor Building Divis ion inspections during Certificate of The wetland buffer shall include the installation of a protective vinyl-dad construction Occupancy fence and vegetative screening to reduce the potential for wildlife disturbance by humans , dogs, and cats . The vinyl fence shall be constructed around the perimeter of the seasonal wetland to protect Implement control measures Owners Association Periodic inspections Consider fine and these areas . The vinyl fence shall be constructed in accordance with by City Staff revocat ion of Use Lchlm nd .MMR P7-07 MMR P-15 EXH IBITB MITIGATION MONITORING AND REPORTING PROGRAM The Village at Loch Lomond Marina, San Rafael, California; Revised Ju ne 2007 MITIGATION MEASURE IMPLEMENTATION MONITORING MONITORING! NON· MONITORING PROCEDURE RESPONSIBILITY REPORTING COMPLIANCE COMPLIANCE ACTION SANCTIONI RECORD (NAME/DATE) & SCHEDULE ACTIVITY the existin g wetland setbacks and encroachmen ts, untess otherwise Permits decided by the City, and shall be maintained by the Property Owners' Associat ion in perpetuity . Prior to the issuance of a Certificate of Occupancy fo r the first Building, the Project Proponent shall install fencing and vegetative screen ing to the satisfaction of the City to further reduce potential impacts on foraging shorebirds . Vegetative screening shall be capabte of attain ing six feet in height in order to provide the most effective visual barrier. Fencing and screening shall be installed ato ng the eastern edge of the proposed pedestrian nature trai l from Po int San Pedro Road to the parking lot just southwest of the existing seasonat wetlands . The fencing and screening can be a comb ination of native vegetation and physical barriers. The fencing and screening shall extend along the western and southern boundaries of the seasonal wetlands to just north of the eastern arm of the breakwater. tn addition , access to the existing eastern levees shall be prohibited through the placement of barriers at access points and /or ptanting of de nse native wetland buffer shrubs along the top of the tevees . All fencing and screening shall be maintained in perpetu ity by the Property Owners ' Assoc iation . 3.7.8c: Prior to the issuance of a Certificate of Occupancy for the Build ing , Requ ire as a cond ition of Planning Division Draft and Deny Vesting permanent , all·weather signs shall be st rategically posted by the Project approval for Vesting incorporate Tentative Tract Proponent along the pedestrian nature trait and along the parking lot Tentat ive Tract Map and condi tion as part of Map and Maste r directly adjacent to the created seasonat wetlands that contain Master Use Perm it project approval Use Permit information to: Appl ication 1) Educate the public about the sensitive habi tat and wildlife that are wi thin the Project vicinity; Measures to be installed by Project Sponsor City Staff completes Occupancy of 2) Inform the publ ic that intrusions into the wetlands by people Project Sponsor Buitd ing Divis ion site inspections Buildings is denied and pets can be very harmful to wildlife ; and unti l measures are 3) Notify the publ ic to keep out of the wetland areas and put the ir installed dogs on leashes. These signs shall be maintained in pe rpetu ity by the Property Owners ' Association . 3.7·8 d: Plior to the issuance of Certificates of Occupancy, a plaffOfffi viewing Requ ire as a cond ition of Plann ing Division Draft and Deny Vesting tocation shall be prov ided for birdwatchers , near the newty approval for Vesting incorporate Tentative Traci resto red /created wetlands , in order to furthe r discourage human Tentative Tract Map and Use condition as part of Map and Master intrusion into prohibited wetland areas . Perm it project approvat Use Permit Application Incorporate into final Project SponSOf Pr iorlo filing an Reject Building Lc hlmnd.MMRP7·07 MMR P-16 EXh .• rB MITIGAT ION MON ITOR ING AND REPORTING PROGRAM The Village at Loch Lomond Marina . San Rafael. California: Revised June 2007 - MITIGATION MEASURE IMPLEMENTATION MONITORING MONITORING! NON· MONITORING PROCEDURE RESPONSIBILITY REPORTING COMPLIANCE COMPLIANCE ACTION SANCTIONI RECORD (NAMEIDATE) & SCHEDULE ACTMTY construction plans application for a Permit applica tion Bu il ding Permit Construction drawings Plann in g Div is ion Prior to issuance of Do not issue reviewed by City staff Building Division Bui ldin g Permit Buildi ng Permi t PlaHorm is ins ta lled Project Sponsor City staff completes Occupancy of Planning Division site inspections Build in gs is denied un ti l plaHo rm is installed 3.7·9 : Should the City policy makers determi ne that the wetland fi ll is Require as a condition of Pla nnin g Division Draft and Deny Vesting unav oi dable consistent with Pol icy CON-J , then prior to the iss uance of approval for Vest ing incorporate Tentati ve Tract Certificates of Occupancy, the Project Proponent shall be required to Tentative Tr act Map and Use condition as part of Map and Master implement a Wetlands Management Plan , to the sat isfaction of the City Perm it pro ject approv al Use Perm it of San Rafael. This plan shall be required to mitigate the loss of the up Application to 622 sq uare feet of wetla nds (minimum 2:1 ratio fo r creation of new wetlands ) and to pres erve and protect the two large valuable non ·tidal Re view plan as part of the Planning Divi sion Prior to approval of Deny Design seasonal wetlands on the Project site . In eddit ion, the Property Owners Design Review Permit Design Review Review Permit Association wi ll be responsible for maint alni ng the Wetlands application process Permit applica tio n Management Plan to ensure that exotic plant species do not invade the wetland s areas. If the Ci ty policy ma ke rs determ ine that fill of wetlands Incorpo rate into final Project Sponsor Prior to filing an Re ject Build in g is avoidable, the propo sed site plan shall be redesigned do avoid filling const ru ction plans application for a Pe rmit app lic ation the roadside dra inage swale located directly north of the road serving Building Permi t the marina park in g lot. and a huma n made dra inage ditch con nection to San Rafael Bay that is located southeast of the Loch Lomond Market Construction drawings Planning Di vis ion Prior to issuance of Do not issue (we tl and areas C and E) identified on Exhibit 3.7-1. reviewed by City sta ff Building Div is ion Bu ilding Pe rmit Bu ilding Pe rmit Wetlands are constructed Project Sponsor City staff com pletes Occu pancy of Planning Divis ion site inspections Buildings is denied until wetlands are constructed Wetlands are mon itored to Project Sponsor Periodic inspections Rev ok e Use Permit ens ure proper function Planning Div ision by City Staff if wetlands fa il to funct ion and are not maintained Lchlmnd .MMRP7-07 MMRP-17 EXH IBITB M ITIGATION MON ITORING AND REPORTING PROGRAM The Village at Loch Lomond Marina. San Rafael. California: Rev ised June 2007 MITIGATION MEASURE IMPLEMENTATION MONITORING MONITORINGI NON· MONITORING PROCEDURE RESPONSIBILITY REPORTING COMPLIANCE COMPLIANCE ACTION SANCTION! RECORD (NAMtlOATE) & SCHEDULE ACTIVITY 3.7·1 1.: Before beginning cons truct ion the Project Proponent shall install a Req ui re as a condition of Planning Division Draft and Deny Vesting stabil ized con struction entrancelexit at the si te access to reduce the approval for Vesting incorpo rate Tentative Tract tracking of sediment by construction vehicles onto ad jace nt roadways . Tentative Tract Map. and condition as part of Map and Mas ter Master Use Penm it pro ject approv al Use Penmit Application Incorporate measures into Planning Division Prior to issuance of Do not issue final construction plans a Building Penm it Bu ild ing Penmit Construction drawings Planning Divis ion Prior to issuance of Do not issue reviewed by Ci ty staff Building Divis ion a Bu ildi ng Penmit Building Penm it Measures to be insta lled by Project Sponsor Complete site Halt grading and Project Sponsor Build in g Division inspections during con struction unti l construc tion measu res are impleme nted Implement control measures Project Sponsor During grading and Halt grading and construction cons truct ion until act ivities measures are implemented 3.7·11b : Befo re beginning construction the Project Proponent shall install si lt Requ ire as a condition of Planning Division Draft and Deny Vesting fences around or dow n slope of disturbed areas not immediately under approval for Ve sting incorporate Tentative Tract construction . Most importantly, silt fencing mus t be placed around the Tentative Tract Map and condition as part of Map and Mas ter northern, westem, an d southern boundaries of the seasonal wetlands . Master Use Permit pro ject approva l Use Penmit Application Incorporate measures in to Planning Division Prior to issuance of Do not issue fina l cons truction plans a Building Penmit Bu ild in g Penm it Construction drawings Planning Divisio n Prior to issuance of 00 not issue rev iewed by City staff Building Division a Bu ilding Penm it Bui lding Penmit Measures to be installed by Project Sponsor Complete si te Halt grading and Project Sponsor Building Di vi sion inspections during cons truction unt il construction measures are -_._-- Lch lmn d.MMRP7·07 MMR P-18 EXH lts lTB MITIGATION MONITORING AND REPORTING PROGRAM T he V ill age at Loc h Lomond Marina, San Rafae l, California; Re vised Jun e 20 07 MITIGATION MEASURE IMPLEMENTATION MONITORING MONITORINGI NON-MONITORING I PROCEDURE RESPONSIBILITY REPORTING COMPLIANCE COMPLIANCE ACTION SANCTION! RECORD (NAME/DATE) . & SCHEDULE ACTIVITY implemenled Implement control measures Project Spo nsor During grading and Halt grading and construction construction until activities measures are implemented 3.7-11e: During construction, the Project Proponent shall cover soil stockpiles Require as a condition of Planning Division Draft and Deny Vesting and su rrou nd them with berms or gravel bags, and shall not locate them approval for Vesti ng in corporate Tentative Tract within 50 feet of the high ti de lin e of San Francisco Bay , seasonal Te ntat ive Tract Map and condi tion as part of Map and Master wetlands , any drainage facility, or any roadway . Master Use Permit project approval Use Permit Application Inco rpo rat e measures into Planning Div ision Prior to issuance of Do not issue fina l construct ion plans a Build ing Permit Bui lding Perm it Const ru ction drawings Planning Division Pri or to issuance of Do not issue reviewed by Ci ty staff Bu ildi ng Division a Building Perm it Bui ld ing Permit Measu res to be installed by Project Sponsor Complete site Halt grading and Projec t Sponsor Building Division inspections during constructio n unti l constructio n measu res are imp lemented Implement control measures Project Sponso r During grading and Halt grading and constructio n cons truc tion unti l activi ties measures are implemented 3.7-11d : Upon completion of final gra ding of Phase I and upon co mpletion of final Requi re as a condition of Pla nning Divisio n Draft an d Deny Vesting grading of Phase II , all disturbed areas sha ll receive a final seeding and approval fo r Vesting incorporate Tentat ive Tr act mulch ing in accordance with a Soil Erosion and Sediment Control Plan Tentative Tract Map and condition as part of Map and Master to be developed by the Project Proponent. Master Use Permit project approval Use Perm it App licatio n Incorporate measures into Planning Division Prior to issuance of Do not issue final construction plans a Building Permit Building Permit Lc hlmnd .M MRP7-07 M MRP-19 EXh._ITB MITIGATION MONITORING AND REPORTING PROGRAM The Village at Loch Lomond Marina. San Rafael. California: Revised June 2007 - MITIGATION MEASURE IMPLEMENTATION MONITORING MONITORINGI NON· MONITORING PROCEDURE RESPONSIBILITY REPORTING COMPLIANCE COMPLIANCE ACTION SANCTIONI RECORD (NAME/DATE) & SCHEDULE ACTIVITY Constr uc tion drawings Plann ing Division Prior to issuance of Do not issue re viewed by City sta ff Bu ilding Divisio n a Bui lding Permi t Buildi ng Permit Measures to be in stalled by Project Sponsor Complete site Halt grading and Project Sponsor Bu ilding Division inspections during construction until const ructi on measures are implemented Implement control measures Pro ject Sponsor During grad ing and Halt grading and construction construction until activities measures are implemented 3.7-110: Upon completion of final grad ing of Phase I and upon completion of final Requ ire as a condition of Plann ing Division Draft and Deny Vesting grading of Phase II , all soil slopes shall be protec ted from erosion by approva l for Vesting incorporate Tentative Tract top hydro seeding or soil binders as much as is feasible. Tentative Tract Map and con dition as part of Map and Master Master Use Perm it project approval Use Perm it Applicat ion Incorporate meas ures into Planning Divi sion Prior to issuance of Do not issue final con struction pla ns a Bui lding Permi t Build ing Permi t Construction drawings Pla nnin g Div ision Prior to issuance of Do not issue reviewed by City staff Bu ild ing Division a Build ing Perm it Build ing Perm it Measures to be installed by Project Sponsor Complete si te Halt grading and Project Sponsor Building Division inspections duri ng constr uction until cons truct ion measures are imp lemented Implement cont ro l measures Project Sponsor During grading and Halt grading and cons truction construct ion unt il activities measures are implemented 3.7 -11f: All soil erosion and sediment control measures shall be kept in place Req ui re as a condition of Planning Divis io n Draft and Deny Vest ing un ti l const ru ction is complete and the dis turbed areas are stabilized . approval for Ve sting incoroorate Ten ta tive Tract Lch lmnd.MMRP7-07 MMRP-20 EXh._.rB MITIGATION MONITORING AND REPORTING PROGRAM The Village at Loch Lomond Marina. San Rafael. California: Revised Jun e 2007 MITIGATION MEASURE IMPLEMENTATION MONITORING MONITORlNGJ NON· MONITORING PROCEDURE RESPONSIBILITY REPORTING COMPLIANCE COMPLIANCE ACTION SANCTION! RECORD (NAME/DATE) & SCHEDULE ACTIVITY Tentative Tract Map and condition as part of Map and Master Master Use Permit project approval Use Permit Appiication Incorporate measures into Planning Division Prior to issuance of Do not issue final construction plans a Building Permit Bu ilding Permit Construction drawings Planning Division Prior to issuance of Do not issue reviewed by City staff Building Division a Building Permit Building Permit Measures to be installed by Project Sponsor Complete site Halt grading and Project Sponsor Building Division inspections during co nstruction until construction measures are implemented Project Sponsor Implement control measures During greding and Halt grading and construction construction unti l activities measures are implemented 3.7.11g: The discharge of untreated stormwater into the adjacent waters (San Require as a condition of Planning Division Draft and Deny Vesting Fran cisco Bay and seasonal wetlands) shall be min imized . and shall approval for Ves ting incorporate Tentative Tr act not exceed the standards set forth by the NPDES PermIT guidelines . Tentative Tract Map and condition as part of Map and Master Master Use Permit project approval Use Permit Application Inco rporate measures into Planning Division Prior to issuance of Do not issue final construc tion plans a Building Permit Building Permit Construction drawings Planning Division Prior to issuance of 00 not issue rev iewed by City staff Buitding Division a Bu il ding Permit Building Permit Measures to be installed by Project Sponser Compiete site Halt grad ing and Project Sponsor Buitding Division inspections during construction until construct ion measures are implemented Lchlmn d.MMRP7·07 MMRp·21 EXHII:SIT B MITIGATION MONITORING AND REPORTING PROGRAM The Village at Loch Lomond Marina, San Rafael, California; Revised June 2007 MITIGATION MEASURE IMPLEMENTATION MONITORING MONITORINGI NON· MONITORING PROCEDURE RESPONSIBILITY REPORTING COMPLIANCE COMPLIANCE ACTION SANCTIONI RECORD (NAMEIDATE) & SCHEDULE ACTIVITY Regional Water Quality Control Board (RWOCB), the Association Maintain erosion and Project Sponsor Pertorm and Halt construction of Bay Area Governments' Manual of Standards for Erosion and sediment control measures City Stormwater oomplete site until measures are Sediment Control, or equivalent document , as required by the through all phases of Program Manager inspections during installed City of San Rafael General Plan 2020 Policy S-19 (ErOSion); construction. grading and • Soil stabilization techniques (such as short-term biodegradable construction erosion control blankets and hydroseeding) to be utilized; • The post-construction inspection of all drainage facilnies for accumulated sediment, and the cleaning of these dra inage stru cture s of debri s and sediment; an d • Treat the first Yo' of runoff from the firs t 1 inch of rainfall. 3.8-1b: Prior to issuance of a grading or Building Permit, whicheve r occurs first. Require as a condition of Planning Division Draft and Deny application and fo llowing the preparation of Project site grading plan, the Project approval for Ves ting Incorporate forVTTM and Proponent shall comply with NPDES General Construction Activities Tentative Tract Map and condition as part of Master Use Permit Storm Water Perm it Requirements established by the Clean Wate r Act Master Use Permit VTTM and Master (CWA), including the preparation of a Storm Water Pollution Prevention Use Permit Plan (SWPPP). The SWPPP shall identify speefic types and sources Approval of stormwater pollutants, determine the location and nature of potential impacts , and speefy appropriate control measures to eliminate any Prepare and submit a Storm Project Sponsor Prior to issuance of Reject Application potentially significant impacts on receiving water quality from Water Pollution Prevention City Stormwater grading! Building for grading 0( slormwater runoff. In addition to comply ing with the standards Plan Program Manager Permit Building Permit established by the CWA for preparation of a SWPPP, the SWPPP shall also oomply with the directions for prepari ng a SWPPP contained in the Consult with the Marini Project Sponsor Prior to issuance of Reject application latest edition of the Guidelines for Consfruction Projects, published by Sonoma Mosquito & Vector City Stormwater Grading Permit for Grading Permit the San Fran cisco Regional Water Quality Board (RWQCB). Control DistIict Program Manager Furtherm ore, in conjunction with the Marin County Stormwater Pollution Prevention Program (MCSTOPP P), and as required by the City's Measures to be installed by Project Sponsor Complete site Halt grading and General Plan 2020 Policy S-21 (RWOCB Requirements), the Project Project Sponsor Building Division inspections during construction until Proponent shall consult with City staff and implement recommended construction measures are measures that would reduce pollutants in stormwater discharges from implemented the site to the maximum extent practicable. In addition, prior to preparation of the SW PPP , the MarinlSonoma Mosquito & Vector Implement co ntrol meas ures Project Sponsor During grading and Halt grading and Control District shall be consulted to ensure that the measures do not construction oonstruction until have the potential to promote mosquito breeding. activities measures are implemented 3.8-1c: Prior to issuance of a grading or Building Permit , whichever occurs first. Require as a condition of Planning Division Draft and Deny application and following the preparation of th~ Proiect site QradinQ plan, the approval for VestinQ Inoorporate for VTTM and Lch lmnd .MMRP7-07 MMRP-23 EXh .. rB MITIGATION MONITORING AND REPORTING PROGRAM The Village at Loch Lomond Marina, San Rafael, California; Revised June 2007 MITIGATION MEASURE IMPLEMENTATION MONITORING MONITORINGI NON-MONITORING PROCEDURE RESPONSIBILITY REPORTING COMPLIANCE COMPLIANCE ACTION SANCTIONI RECORD (NAME/DATE) & SCHEDULE ACTIVITY Project Proponent shall subm it to the City Engineer for review a draft Tentative Tract Map and condition as part of Master Use Permit copy of the Notice of Intent (NOI) and SWPPP . After approval by the Mas te r Use Permit VTT M and Master City, til e NOI and SWPPP shall be sent to tile State Water Resources Use Perm it Control Board . (The SWPPP follows the prepara tion of tile Project site Approval grading plan because Best Management Practices (BMPs) for erosion control are selected to meet the specific site requi rements .) Submit a Storm Waler Projec t Sponsor Prior to issuance of Reject Applica tion Poll ution Prevention Plan to City Stormwater grading! Bui lding for grading or the State Water Re souroes Program Manage r Perm it Building Perm it Control Board 3.8-1d: Pri orto issuance of a grading or Building Permit, whichever comes first, Require as a condition of Planning Divis ion Draft and Deny applicati on the Pr oject engineer shall incorporate into the final site plan fe atures approval for Vesting Inoorporate for VTTM and tIlat would clean site waters in acoordance to RWOCB and MCSTOPPP Ten tat ive Tract Map and oo ndi tion as part of Master Use Permit standards be fore they enter San Rafael Bay . Features that oould be Master Use Perm it VTTM and Master used to clean site waters include, but are no t limited to, bios wales , Use Perm it Conlinuous Deflect ive Separation (CDS) or Vortechn ics sto rm water Approval treatment units (which may need to be mod ified to acoornmodate backwater effects ), filte rs inserted into the site drainage inlets to filter Incorporat e features within Project Spoosor Prior to issuance of Re ject Application runoff , and landscaped and unimproved areas that wou ld act as bio-the site plan that cl ean site City Stormwater grading! Build ing for grad ing or swales to allow microorganisms in the soi l to clean and filter si le waters waters in accordan ce with Program Manager Per mit Building Perm it before re lease into San Rafael Bay . In addition, prior to preparation of RWQCB and MCSTOPPP the SWPPP, the Marin/Sonoma Mosqu ito & Vector Control District shall standards. be consulted to ensure that the measures do not have the potential to promote mosquito breed ing . Consult with the Marini Projec t Sponsor Prior to issuance of Reject application Sonoma Mosquito & Vector City Stormwater Gradi ng Permit for Grading Permit Control District Program Manager 3.8-1.: Where grassed swales are to be used to filter poll uta nts from runoff , Require as a oondition of Planning Division Draft and Deny app lica ti on they shall co ns is t of a dense , uniform growth of fine-stemmed approval for Vesting Incorporate fo r VTTM and he rba ceous plants best suited for filtering po ll utants and tolerant to the Tentat ive Tract Map and co ndit ion as pa rt of Master Use Permit water, climatological, and soil conditions of the de velopment area . In Master Use Perm it VTTM and Master add ition, the swale design sha ll in clude, but not be li mited, to the Use Perm it following: Approval 1) De sign methods for increasing detent io n, infi ltrati on, and uptake by wetland-typed plants . Prepare and subm it a final Project Sponsor Prior to issuance of Reject Ap pl icatio n 2) A flow path adequate to provide for efficie nt pollu ta nt removal site plan , desig n, oonstruction Eng ineering Services Grading Perm it for grading or in aocordance with the stand,..ds olJhe RWQCB and details, and maintenance ManaQer Bu i ld i nQP~ Lchlm nd .MMRP7-07 MMRP-24 EXI1 ... IT B MITIGATION MON ITORING AND REPORT ING PROGRAM The Village at Loch Lomond Marina , San Rafael, California; R evised June 2007 MITIGATION MEASURE IMPLEMENTATION MONITORING MONITORINGI NON· MONITORING PROCEDURE RESPONSIBILITY REPORTING COMPLIANCE COMPLIANCE ACTION SANCTIONI RECORD (NAMEJOATE) & SCHEDULE ACTIVITY I MCSTOPPP. program for proposed grass 3) The Project Proponent sha ll submit a final site plan, design, swales censtruction detai ls, and maintenance program for the proposed grassed swale(s) to the City's Engineering Services Install grass swal e Project Sponsor Prior to or during Ha lt censtructio n Manager for rev ie w and approval prior to issuance of a grading improvements within the Engineering Services grading and until measures are or Building Perm it, whichever occu rs fi rs t. project site Manager cens tru et ion phase installed Maintain grass swale Project Sponsor Comple te site Halt censtruetion improvements within the Engineering Services inspections during until measures are project site through all Manager grad ing and installed phases of ccnstruction. construction 3.8·11: Afte r Project cempletion, the Project Proponent shall property maintain Require as a ccn dition of Planning Division Draft and Deny application parking lots and other paved areas , by sweeping or other appropriate approval for Vesting Incorporate for VTTM and means , to prevent the majority of litter from wash in g into storm drains . Tentative Tract Map and ccndition as part of Master Use Permit Master Use Perm it VTTM and Master Use Perm it Approval Implement parking 10V paved Project Sponsor During operation of Consider area maintenance plan . development revocation of Use Permit if project is not in cemplianee with approved maintenance plan 3.8·3: Prior to issuance of a grad ing or Building Permit, whichev er cernes first , Requ ire as a ccndition of Planning Div ision Draft and Deny applicat ion the Project engineer shall incerporate in to the final site plan featu re s approval for Vesting Incerporate forVTTM an d that would store site waters, where necessary , while tide levels are too Tentati ve Tra ct Map and cendi ti on as part of Master Us e Permit high to allow flap gates to open and re le ase water into the Sa n Rafael Master Use Permi t VTTM and Master Bay (i.e., during the 2.37 -year storm even t v. hig hest estimated tide 16.0 Use Permit NGVDJ). Featu res that would be used to store site waters include the Appr oval storm drain system itself and lor additional underground pipes for increased storage capacity . The storm drain system shall be subject to Prepare and submit a final Project Spo nso r Prior to issuance of Reject Application rev iew and approval by the City. site plan for proposed site Engineering Services Grading Permit for grading or water storage facilities during Manager Bu ilding Permit high tide jestall water storaoe Proiec t Sponso r Prior to or durinq Ha lt censtrue ti on Lchlmnd .MMRP7-07 MMRP-25 EXh ,~ITB M ITI GATION MONITORING AND REPORTING PROGRAM The Village at Loch Lomond Marina, San Rafael, California; Revised June 2007 MITIGATION MEASURE IMPLEMENTATION MONITORING MONITORlNGJ NON· MONITORING PROCEDURE RESPONSIBILITY REPORTING COMPLIANCE COMPLIANCE ACTION SANCTIONI RECORD (NAME/DATE) & SCHEDULE ACTIVITY improvements within the Engineering Se rvices grading and until measures are project site Manager constructio n phase installed tmplement water storage Project Sponsor Complete site Do not issue improvements inspections during Certificate of construction Occu pancy 3.9 GEOLOGY SOILS AND SEISMICITY 3.9·2: During co nstruction. the Project contractor shall follow the seismic Require as a condition of Planning Division Draft and Deny application requ irements stipu lated in the Uniform Building Code (UBC) for Seismic app roval for Yesting Incorporate for VTTM and Zone 4. the zo ne of highest seismic risk. These requ irements are listed T enta live Tract Map and condition as part of Master Use Pemnit in Table 3.9-1.1997 uec Sffe Categorizaffon and Sffe Coefficients for Master Use Pemn it VTTM and Master Ihe Projecl Sile. Use Pemnit Approval Construction drawings Planning Division Prior to filing an Reject Application designed to comply with Engineering Services application lor a for gracing or latest provisions of the Division Grading Pemnit building permit Unifomn Building Code Project improvements are Planning Division Complete site Halt grading and constructed to comply with Engineering Services inspections during construction until approved plans and Uniform Division gracing and appropriate Building Code provisions construclion measures are implemented 3.9-3a : Prior to commencement of grading, a certified geotechnical engineer Require as a condition of Planning Division Draft and Deny application shall be retained by the City to review the geotechnical aspects of the approval fo r Yesting Incorporate for VT TM and final Project design plans for conformance with the recommendations of Tentative Tract Map and condition as part of Master Use Perm it the Project's geotechnical investigation prepared by Lowney Associates Master Use Pemn it VTTM and Master (May 2005) regarding fill materials, compaction, gracing , and foundation Use Pemnit design. A letter report summariz ing findi ng s and recommendations Approval shall be submitted by the geotechnical engineer to the City Engineer for review and approval, as well as incorporation into grading plans. Prepare and submit a City-retained Prior to filing an Reject Applicat ion detailed peer review of the Gectechnical application for a for grading or geotechnical investigation Consultant Gracing Pemnit Building Permit prepared by the Project Engineering Services Sponsor. Division Lchlmnd .MMRP7-07 MMRP-26 EXHI .. ~ M ITIGATION MONITORING AND REPORT ING PROGRAM The Village at Loch Lomond Marina, San Rafael, California; Revised June 2007 MITIGATION MEASURE IMPLEMENTATION MONITORING MONITORINGI NON· MONITORING PROCEDURE RESPONSIBILITY REPORTING COMPLIANCE COMPLIANCE ACTION SANCTIONJ RECORD (NAME/DATE) & SCHEDULE ACTIVITY Proj ect imp rov em ents are Ci ty-re tained Complete site Halt greding and constructed to comply with Geotechn ical inspections during construction unti l approved plans and Consultant grading an d appropriate geotechnical Engineering Services construction measures are recommendat ions Division implemented 3.9-3b: Prior to commencement of grading, additional exploration shall be Require as a condition of Planning Division Draft and Deny application perfonmed for townhouses planned to be constructed on sha ll ow mat approva l for Vesting Incorporate forVTTM and foundations in the area of the former Chevron gas station to identify the Tenta tive Tract Map and cond ition as part of Master Use Permit presence and exte nt of pote ntia l fill variability as a result of past Master Use Perm it VTTM and Master excavatio n and backfilling. If differences in fill material is found and Use Permit detenmined to li kely cause problems for buildings spanning the two Approval materials , additional excavation and re-compa ction andlor altemative foundation types (i.e., deep fo undat ion) that would tolerate variable Prepare and submit Final Project Sponsor Prior to filing an Reject Application settlement shall be considered and implemented where appropriate in grading and/or foundation Engineering Services application for a for grading or order to ensure structures would not be susceptible to ground fa ilure . plans. Division Grading Penmit Building Penmit Final grading plans andlor foundation designs shall be (a) developed by a certified geotechnical engineer and (b) reviewed and approved by the Conduct additiona l Project Sponsor Review exploratory Reject App li cation City prior to issuance of a Grading Permit. exploratory borings andl or Engineering Services infonmation and for grading or trenches to locate Division grading plans prio r Building Penmit undocumented artificial fill to approval of deoosits Grad ing Penmit 3.9-3c: During construction and grading activities , the geotechnical engineer Require as a cond ition of Planning Division Draft and Deny application shall provide observations and testing services to confirm that the approval for Vesting Incorporate for VT TM and surch arge material is appropriately placed and settled and , thus , Tentative Tract Map and condit ion as part of Master Use Penm it conditions are sim il ar to those assumed for design and to verify that Masler Use Permit VTTM and Master construct ion and grading are perfonmed in accordance with the Project Use Permit plans . Approval Monitor grading and Plann ing Division Complete site Halt grad ing and constru ct ion Eng ineering Services inspections during construction until Division grading and appropriate constructi on measures are implemented 3.9-4: Prio r to issuance of Grad ing Permits, a Califomia-Certified Geotechnical Requ ire as a cond iti on of Planning Division Draft and Deny appl ication Engin eer shall be retained by the Project Proponent 10 evaluate the final approval for Vesting Incorpora te for VTTM an d Pr oject pla ns for con fonmance with the recommenda tions of the Tentat ive Tract Map and condi tion as part of Master Use Permit Project's geo technical investigation . A final design·level geo technical Master Use Penmit VTTM and Master investigalion shall be prepared to develop specifIC recommendations for Use Perm it Lchlmn d.MMR P7-07 MMR P-27 EXHI . .J! MITIGATION MONITORIN G AND REPORTING PROGRAM The Village at Loch Lomond Marin a. San Rafael. California; Revised June 2007 MITIGATION MEASURE IMPLEMENTATION MONITORING MONITORING! NON· MONITORING PROCEDURE RESPONSIBILITY REPORTING COMPLIANCE COMPLIANCE ACTION SANCTIONJ RECORD (NAME/DATE) & SCHEDULE ACTIVITY the proposed surcharge program that will minimize the effects that the Approval construction activities (including surcharge program, fill placeme nt, and Building loads) will have on the stability of the supporting soils and Prepa re and ap prove a final Project Sponsor Prior to filing an Reject Application nearby shorel ine slopes . The fi nal geotechnical Investigation shall geotechnical invest igation for City-Retained application for a for grading or include the following : the proposed project. Geotechnical Grading Penmit Building Penmit 1. Soils used as surcharge or permanent fill shall be placed in a Consultant controlled manner. During surcharge, the placement of the Engineering Services soils shall be limited to a maximum of eight feet thick during Division any single phase of filling. In areas where the total fill thi ckness will exceed eight feet , the fill shall be placed in mul tiple phases, Prepare and submit a Ci ty-retained Prior to filing an Reject Application with suffi cient time in between phases to allow for pore detailed peer review of the Geotechnical application for a fo r grading or pressur e dissi pa ti on in the supporting clay soils. The pore geotechnical investiga tion Consultant Grading Penm it Bui lding Penm it pressures will be mon itored by the Geotechnical Engineer prepared by the Project Engineering Services during the fill placement and surcharge period , and subsequent Sponsor. Division filling shall not be allowed until the Geotechnical Eng ineer conc lu des that the pore pressures ha ve dissipated sufficiently . Project improvements are Ci ty-retained Complete site Halt grading and 2. The fill soils used during the surcharge program shall be placed coostructed to comp ly with Geotechnical inspections during construction until at a maximum slope of 3:1 (horizontal: vertical) extending from approved plans and Consultant grading and appropriate the top of the marina slope. geotechnical Engineering Services construction measures are 3. A site-specific assessment of slope stabil ity shall be completed recommendations Division implemented for the marina shoreline slopes under the influence of stockpile loading. The height and configuration of stockpi les placed Prcvide monthly status Project Sponsor Complete site Halt grading and within 50 feet of the shoreline shall be limited such that a static reports on the grading City-Retained inspections and construction until factor of safety of 1.5 or greater is demonstrated by limit activities occurring with in the Geotechnical review status appropriate equilibrium slope stability analyses. All stockpiling within 50 project site . Consultant reports during measures are feet of the shoreline shall be dooe under the supervision of the Engineering Services grading and implemented Geotechnical Engineer or his representative. Division construction 4. A Site-specific assessment of slope stability shall be completed for the marina shoreline slopes under the influence of hea vy construction equipment. The size of equipment and the operating procedures shall be limited such that a static factor of safety of 1.5 or greater is demonstrated by limit equ ilibnum slope stability analyses. All use of heavy construction equipment within 40 feet of the shoreline shall be done under the supervision of the Geotechnical Engineer or his representative. 5. The final Project slopes shall be no steeper than 3:1 and the hinge point of penmanent fill slopes shall be a minimum of 60 feet away from the top of the manna shoreline slopes , unless - Lchlmn d.MMRP7 -07 MMRP-28 EXHI ~ MITIGATION MONITORING AND REPORTING PROGRAM The Village at Loch Lomond Marina, San Rafael, California; Rev ised Jun e 20 07 MITIGATION MEASURE IMPLEMENTATION MONITORING MONITORlNGJ NON· MONITORING PROCEDURE RESPONSIBILITY REPORTING COMPLIANCE COMPLIANCE ACTION SANCTIONJ RECORD (NAMEJDATE) & SCHEDULE ACTIVITY site-specific slope slabili ty eval uations demonslrale a stalic facto r of safety of 1.5 or grealer. 6. Site-specific analyses shall be performed for any fill materials in excess of one foot thick placed withi n 30 feet of the top of th e marina shoreline slopes, including the harbor peninsulas and jetties. The analyses shall demonstrate that the stat ic fa ctor of safety against slope inst abi lit y is 1.5 or greater. The analyses shall als o inclu de an evaluation of the expect ed amount and rate of settlement. 7. Buildings const ru cted on shallow fou nda tio ns shall have a minimum setback of 60 feet from the top of the marina shoreline slopes. B. In addition, duri ng surcharging and grad in g activi ties , the Geotechnical Eng ine er shall provide regu lar monitOri ng , inspection and testing services to verify that the conditions are similar to those ass umed fo r the Project design, that the construction activities are being performed in accordance with the Project plans and Speci fications, and that the performa nce of the supporting soils and nearby marina shoreline slopes are within acceptable limits. All plans, reports. monitoring , inspection, and testing for the proposed Project will be reviewed by an independenl Geotechn ical Eng ineer andlor Engi neering Geo lo gist retained by the City (at the expense of the Project Proponent). This third party cons ultant wi ll re view all pians, repo rts , monitoring, inspection, and test ing data pri or to appropriate approvals andlor certifications. 3.9-6.: During excavation activities and prior to the placement of fi ll on the site, Require as a condition of Plann in g Divis ion Draft and Deny app lication a certified geotechnical eng ineer shall be retained by the City to approval for Vesti ng Inoorporate forVTTM and evaluate subgrade soils for the extent of their expans iv e potent ial. For Tentative Tract Map and condition as part of Master Use Permit areas found to conta in soft, potentially expansive clays-and in areas Maste r Use Permit VTTM and Master where excavation ac tivi ties ex tend in to the underlyin g bay mud-the Use Permit soil shall be removed (L e., over excavated) andlor stabilized prior to the Appro va l placement and compaction of fill. Stabilization techn iques incl ude, but are not limited to, th e placement of 18 inches of %-inch to Y..-i nch Monitor grading and Plann ing Division Complete sit e Hatt grading and crushed rock over stabilization fabric (su ch as Mirafi SOOX or construct ion Eng ineering Services inspection s during construction until equivalent), placement of larger, angular stabi lization roctk (1-inch to 3-Divi sion grading and appropriate inch, clean) and us e of chemical treatments such as lime to reduce the co nstru ction measures are soi l's expansive potential . In add ition, building const ruction implemented alternatives, such as the use of atternative foundati on types (i.e., oost- Lc hl m nd .MM R P7-07 MMRP-29 EXH . ...J! MITIGAT ION MO NI TORIN G AND REPORTI NG PROGRAM The V ill age at Loch Lomond Marina, San Rafael, California; Revised June 2007 MITIGATION MEASURE IMPLEMENTATION MONITORING MONITORING! NON" MONITORING PROCEDURE RESPONSIBILITY REPORTING COMPLIANCE COMPLIANCE ACTION SANCTIONJ RECORD (NAME/DATE) & SCHEDULE ACTIVITY ten sion , piles , etc.) ve rsus en d-bearin g foun dations, shall be oonsi dered and implement ed wh ere appropri ate . Final techni ques shall be (a) developed by a certified geotechnical engineer or engineering geologist and (b) reviewed and approved by the Ci ty prto r to issuance of a Grading Permit. 3.9-6b: Th e Projec t contractor shall only import soils with an expansion index of Requi re as a condition of Plann ing Division Draft and Deny application 50 or less . In addition, impo rt ed fill material shall be inorganic and have approval for Vesting Incorporate for VTTM and a plasticity ind ex of 15 or less. Bay mud is not sui table for site fill. A Tentative Tract Map and condition as part of Master Use Pe rm it certified geotechnical eng ineer shall be retained by the Project Maste r Use Permit VTT M and Master Proponent to test and verify that the imported soils do not have an Use Permit expansio n index greater than 50 or a plaslici ty index grea ter than 15. App roval Monitor grading and Planning Division Com plete site Halt grading and construction Engi neering Services inspections during co nstru ction until Division grading and appropriate construction measures are im pl emented 3.9-6c : All proposed Buildings shall be built on at leas t six feet of competent Require as a co ndition of Plann ing Division Draft and Deny applicatio n soil between the base of the town home mats and the top of any bay approval for Vesting Incorporate for VTTM and mud layers. During the reworki ng of the top three feet of the exis ting fi ll , Tentative Tr act Ma p and con dition as part of Maste r Use Perm it 'proo f rolling " of the subgrade shall be observed to confirm that the soil Maste r Use Permit VTTM and Master is firm and unyieldin g befo re pl acement of any fill. (,Proof rol ling' tests Use Permi t the stability and uniformity of the sub-grade compaction .) If the soi l is Approval found to be soft and/or consists of non-unifonn sub-grade stability, then excavation shall extend to a depth of seven feet and horizontally ten Monitor grading and Plann ing Division Complete site Halt gradi ng and feet beyond the mat foundation footprin t (excavation pit side slopes construction Engineeri ng Services inspectio ns during const ru ctio n until shall not be steeperthan 2:1). Division grading and appropriate const ruction measures are Ac ross mos t of the Project site, the ground surface shall be raised implemented seve ral feet for flood contro l pu rposes. Therefore, there should be an adeq uate amount of engineered fill bene ath struc tures. Existi ng or imported soils can be used as engineered fill provided that it meets requi rements for fill (e.g., an expansion index of less than 50 and a pl ast icity in dex 15 or less), 3.9-611 : Pri or to the issuance of Buildi ng Pe rmits, the applicant sha ll provi de a Req uire as a condit ion of Planning Division Draft and Deny application grading report to the City for its approval and verificatio n that all Building approval for Vesting Incorporate for VT TM and envelopes, whic h are the areas demarcated by the edges of the Tentative Tr act Map and condition as part of Master Use Pe rm it proposed Building plus a five-foot radius , are underlain by a minimum of Master Use Permit VTTM and Master Lch lmnd .MMRP7-07 MMRP-3 0 EXh ...J! M IT IGATION MONITORIN G AND REPORTING PROGRAM The Village at Loch Lomond Marina, San Rafael, California; Revised June 2007 MITIGATION MEASURE IMPLEMENTATION MONITORING MONITORlNGJ NON· MONITORING PROCEDURE RESPONSIBILITY REPORTING COMPLIANCE COMPLIANCE ACTION SANCTIONI RECORD (NAME/DATE) & SCHEDULE ACTIVITY six feet of competent soi l. Should the app lican t choose altemative Use Permi t construction techniques, such as deeper foundations, rather than Approval construct pads unde rl ain by a minimum of six feet of competent soil, the applicant shall provide a subsequent geotechnical report prepared by a Prepare and submit a fina l Project Sponsor Prio r to filing an Reject Application certified geotechnical engineer or engineering geologist that documents grading summary report City-retained application for a for Building Pe rmit the expansion indices of proposed building areas . Accordingly, the detailin g the extent of grading Geotech nical Bu ilding Permit application for building permits shall clearly identify the documented activities during project Consultant expansion indices and propose foundation designs appropriate for construction. Engineering Services those expansion indices as suggested by the UBC. Division 3.10 PUBLIC SERVICES 3.10-2: Prior to approval of the final improvement plans , these plans shall be Require as a condition of Planning Division Draft and Deny application submitted to, and subject to the approval of, the San Rafael Police approval for Vesting Incorporate for VTTM and Department. The Police Department shall review the Pro ject's light Tentative Tract Map and condition as part of Master Use Permit schematic to ensure that adequate lighting is provided along streets, in Master Use Pe rmit VTTM and Maste r parking lots , at building entrances, pedestrian walkways , pui>icspaces, Use Permit and recreationa l areas in the Project. Emergency call boxes shall be Approval Rejec t Application installed near the docks, along watenront trails, and in public spaces . for Building Perm it The design of each phase shall incorporate Police Department Prepare and submit final Planning Division Prior to filing an recomm endations to maximize natural surveillance of areas vulnera~e im provement ptans to the San Rafae l Police application for a to crime . Additionally, refer to Mitigation Measure 3.2-5a in Section 3.2 Police Department for review Department Building Permit (Aesthetics), which requires the preparation of a detailed lighting plan . 3.12 CULTURAL RESOURCES 3.12·1 : Prior to the issuance of Demolition Permits a qualified archaeclogist Require as a condition of Planning Division Draft and Deny application shall be retained by the Project Proponent to train the construction crew approval for Vesting Incorporate for VTTM and on mechanisms used to identify cul tura l resources . If buried cultural Tentative Tract Map and condition as part of Master Use Permit res ources (such as chipped or ground stone tools , historic debris, Master Use Permi t VTTM and Master building foundations, or nonhuman booe) are discovered during ground-Use Permit disturbing activities, the construction contractor shall stop work in tha t App roval area and within 100 feet of the find until a qualified archaeologist can assess the significance of the find and, if necessary, develop Implement culturaf resources Qualified Prior to issuance of Deny issuance of appropriate treatmen t measures in consultation with the City of San train ing program for Archaeclogist Demolition Permits Demolition Permits Rafael. Treatme nt measures shall include deve lopment of avoidance construction personnel Project Sponsor strategies , capping with fill material, or mitigation of impacts th rough Planning Division data recoverv prOQrams such as excavation or detailed documentation . Eng ineering Services ---- Lch lm nd .MM RP7 -07 MMRP-31 EX.,. " B MITIGATION MONITORING AND REPORTIN G PROGRAM The Village at Loch Lomond MarIna, San Rafael, CalifornIa; Revised Jun e 2007 MITIGATION MEASURE IMPLEMENTAT ION MONITORING MONITORINGI NON· MONITORING PROCEDURE RESPONSIBILITY REPORTING COMPLIANCE COMPLIANCE ACTION SANCTION! RECORD (NAME/DATE) & SCHEDULE ACTIVITY Divis ion Moo itor grading and Ptanning Divisioo Complete site Halt grading and construction Engineering Services inspectiOOs during co nstruction until Division grading and app rop riate construction measures are implemented 3.12·2: If human remains are encountered at any time during earth disturbing Require as a conditioo of Planning Division Draft and Deny application activities , all work shall stop in the im med iate vicinity of the discovered approval for Vesting Incorporate fo r VTTM and remains and the County Coroner and a qualified archaeologist shall be Tentative Tract Map and coodit ion as part of Master Use Permit contacted to evaluate the remai ns. If the remains are deemed to be Master Use Perm it VTTM and Master Native American and prehistoric, the Native American Heritage Use Permit Commission shall be contacted by the Coroner withi n 24 hours . The Approva l Native American Heritage Comm iss ioo shall identify the person or persons it believes to be most likely descended from the deceased Mon itor grading and Qualified Complete site Halt grading and Native American . Th e most likely descen dent may make cons tru ction Archaeologist inspections during co nstr uction until recommendati ons to the landowner or the persoo respons ible for the Planning Div isioo grading and appropriate excavation work , for means of treating or disposing of, with appropriate Eng ineering Services construction measures are dignity, the human remains and any associated grave goods as Division impleme nted provided in Public Resources Code Section 5097 .98, or ; Where the following co ndi tions occur, the landowner or the landowne(s authorized repr esentative(s) shall rebury the Native American human remains and ass oc iated grave goods , with appropriate dignity, on the property in a locat ioo not subject to further subsurtace disturbance : 1 ) The Native American Heritag e Commissio n is unable to identify a most likely descendent or the mos t likely descendent fails to make a recorn mendatioo within 24 hours after being notified by the Commission; 2) Th e descendent identified fa ils to mak e a recommendati on; or 3) The landowner or an authorized representative re jects the recommendatioo of the descendent, and mediatioo by the Native America n Heritage Commiss ion fa ils to provide measures acce pt able to the lan downer . 3.13 HAZARDOUS MATERIALS 3.13·1a: In accordance with the Ph ase II Environmental Site Assessment (ESA) Requ ire as a condition of Planning Divis ion Draft an d Deny appl ication the Registered Environm ental Assessor shall presen t th e results of the approval for Vesting Incorporate for VT TM and ESA to the California Reg ion al Wate r Quality Control Board (RWOCB) Tentative Tract Ma!)and cooditioo as part of Master Use Permit Lchlmnd .MMRP7·07 MMRp·32 EXh ~ MITIGATION MONITORING AND REPORTING PROGRAM The Village at Loch Lomond Marina, San Rafael, California; Revised June 2007 MITIGATION MEASURE IMPLEMENTATION MONITORING MONITORINGI PROCEDURE RESPONSIBILITY REPORTING (or appropriate agency) and Department of Toxic Substances Control I Master Use Permit (DTSC) prior to remediating the site . tf cootamination is found and contamination levels exceed hazardous waste limits or human hea lth screening levels that are above Federal and/or State limits for residential areas, the soi l sha ll be treated and/or disposed of in accordance with the standards of the City of San Rafael Fire Departmen t, RWQCB , and DTSC 3.13-1b: Pri or to issuance of Grading Perm its, the Registered Environmental Assessor shall develop a Soil Management Work Plan, which wou ld define the extent of soil to be excavated at the Project site . To limit potential impacts associated with soil and fill excavation , th is Work Plan shall establ is h management guidelines for handling any presently unknown contaminated soil, in accordance with the Phase II ESA. The plan shall also present recommended risk management protocols during and after construction , including management of excavated soil, management of in-J>ace soil , excavation dewateri ng, and long~erm compliance with the Soil Management Work Plan. In particular, the Plan would contain a description of the following items , which are typically recuired by the DTSC for areas of contam inated soils: • The methods to be used for site preparation, grading, excavation, trenching, backfilling, and management of chemically affected soil; • A map show ing the location of areas proposed for grading , excavation, and trenching ; • An estimate of the quantity of soi l to be excavated and placed in the soil depository (note tha t DTSC may approve capping Lchlmnd .MMRP7 -07 Preparation and submittal of a Phase tI Environmental Site Assessment to RWQCB and DTSC Prepara tion of Soil Management Work Plan Monitor grading and construction Recuire as a condition of approval for Vesting Tentative Tract Map and Master Use Permit Preparation and submittal of a Phase tI Env iron mental Site Assessment to RWQCB and DTSC Preparation of Soil Management Work Plan Monitor grading and Qualified Reg istered Environmental Assessor Qualified Registered Environmental Assessor Engineering Services Division Qua lifi ed Regi stered Envi ronmenta l Assessor Engineering Services Division Plann in g Division Qualified Registered Environmental Assessor Qualified Registered Environmental Assessor Eng ineerin g Services Divis ion Qualified Registered ACTION & SCHEDULE VT TM and Master Use Permit Approval Prior to remediation of project site and issuance of Demolition Permits Prior to filing an application for a Grad in g Permit Complete site inspections during grading and construction Draft and Incorporate condition as part of VTTM and Master Use Permit Approval Prior to remediation of project site and issuance of Demolition Permits Prior to filing an application for a Grading Permit ComJ>ete site NON· COMPLIANCE SANCTIONI ACTIVITY Deny issuance of demolition permits Deny issuance of a grading permit Halt grading and construction until appropriate measures are imolemented Deny apJ>ication for VTTM and Master Use Permit Deny issuance of demolition permits Deny application for Grading Permit Halt grading and MONITORING COMPLIANCE RECORD (NAME/DATE) MMRP-33 EX.,. :B MITIGATION MONITORING AND REPORTING PROGRAM The V ill age at Loch Lomond Mari na. San Rafael. California: Rev ised June 20 07 MITIGATION MEASURE IMPLEMENTATION MONITORING MONITORINGI NON· MONITORING PROCEDURE RESPONSIBILITY REPORTING COMPLIANCE COMPLIANCE ACTION SANCTIONI RECORD (NAMElDATEI & SCHEDULE ACTMTY con tam in ated soil onsile in non -res idential areas, wh ich would constructiOll EnvirOllmental inspectiOlls during construction unt il requ ire a deed restriction and managemen t plan for the capped Assessor gra din g and appropriate soil); Eng inee ring Servi ces ocnstruction measures are • The met hods to be used for handl ing chem ically affected soil ; Divis ion impl em ented • The air mon itori ng procedures, OIl -site and off-site; • The dust contro l measures to be implemented for earthwork activities ; • The procedu res for soi l sampling a'ld chemica l test ing ; · The methods for tran sporting soil; • The procedures for trai ning worke rs in the provisiOlls of the Soil Management Work Plan; • The record -keeping and inspection procedures to mon itor compliance with the Soil Management Work Plan ; and • A discussion of the resources to be allocated to imp lement the Soil Management Work Plan . • The Soi l Management Work Plan shall be subject to review and approval by the City of San Rafae l Pub lic Works Department. 3.1 3-2: Prior to issuance of Grading Permits, a Reg iste red Environmenta l Require as a ocndition of Plann in g Div ision Draft and Deny appl icati on Assessor shall be re tained by the Project Proponentto ocnduct a Phase approval for Vesting Inocrporate for VTTM and II Env irOllment al Site Assessment (ESA) in acocrdance with the Tentative Tract Map and condition as part of Master Use Perm it American Socety of Testing and Materials Standard E1903, the Master Use Permit VTT M and Maste r Standard Gu ide for EnvirOllmental Site Assessments : Ph ase II Use Perm it Environmen tal Site Assessme nt Process for the dry cleaning and AST Approval Deny issuance of portions of the Project si te to verity the presen ce or absence of Demo lition Permits hyd rocarbons andlor tetrach loroethylene . Preparation and submittal of Qualified Registered Prior to remed iatio n a Phase II EnvirOllmental Site Env ironmental of project site and If soi l, groundwater, and so il vapor samp li ng indica te s and la bo ratory Assessm ent to RWQCB and Assessor issuance of analyses detects the presence of any conta mina nts in hazardous DTSC DemolitiOll Permits ocncentrations above Federa l andlor State limits for residential areas, the Regi stered En vi ronmental Assessor shall ocntact the California Regional Water Quality Control Board (RWQC B) and the Department of To xic Substances Control (D TS C) prior to remediating the si te accord ing the procedu res iden tified in the Soil Management Work Plan (see MitiQation Measure 3.13-1 ). 3.13-3: Refer to Mitigat iOll Measure 3.13-1 b. Refer to Mitigat ion Measu re Refer to Mit igation Refer to MitigatiOll Refer to Mitigation 3.13-1b. Measure 3.13-1 b. Measure 3.13-1b. Measure 3.13-1 b. 3.1 3-4: Refe r to Mitigation Measure 3.13-1b. Refer to Mitigation Measure Re fer to Mitigation Refer to Mitigation Referto Miti gatiOll 3.13-1b . Measure 3.13-1 b. Measure 3.13-1 b. Measure 3.13-1 b. -- Lch lmn d.MMRP7-07 MMRP-34 EXh. ;B MITIGATION MONITORING AND REPORTING PROGRAM The Village at Loch Lomond Marina. San Rafael. California; Revised June 2007 -MITIGATION MEASURE IMPLEMENTATION MONITORING MONITORING! NON-MONITORING PROCEDURE RESPONSIBILITY REPORTING COMPLIANCE COMPLIANCE ACTION SANCTION! RECORD (NAME/DATE) & SCHEDULE ACTMTY 3.13-5: Prior to issuance of Demotition Permits, a licensed asbestos abatement Require as a condition of Plann ing Division Draft and Deny Vesting inspector shall be retain ed by the Project Propo nen t to co nduct an approva l for Vesting incerporate Tentative Tract asbestos survey in ccmpliance with the National Emissions Standards Tentative Tract Map and cendition as part of Map and Master for Hazardous Air Pollutants (NESHAP) and Bay Area Air Qua li ty Master Use Perm it project ap proval Use Perm it Management District 's Regulatio n 11, Rule 2 (Asbestos Dem ol ition , Application Renovation and Manu fa ctu ring ) to determine the presence or abse nce of asbestos , and submit the re sults of the survey to the City of San Conduct an Asbestos Survey Licensed Asbestos Prior to issuance of Deny issuance of Rafael . If asbestos-<XJOta ining materia ts (AC Ms) are fou nd , any Abatement Inspector Demolition Permits Demol ition Permits demolition activity that would disturb ACMs or create an airbome Engineering Servi ces asbestos hazard shall be pertormed by a licensed asbestos aba tement Division centractor under the supervis ion of a certified asbestos consultant. Monitor greding, demoli tion, Building Division Inspect site during Halt grading, and construction activities grading, demolitio n, demolition , and and construction construction activities activ ities if asbestos is found. Implement centrol measures Project Sponsor Inspect site during Halt grading , grading, demolition, demolition, and and co nstru ction construction activities activities if asbestos is found . 3.1 3-6a: If any paint is sepa ra ted from Bu ilding materials (chem ically or Require as a cendition of Plann ing Division Draft and Deny application physically) during demolition of structures , the Project Proponent shall approval for Vesting Incerporate for VT TM and retain a licensed lead-based pain t inspector to implemen t the following Tentative Tract Map and condit ion as part of Master Use Permit steps : Master Use Permit VTTM and Master 1) Eva luate paint waste independently from the Build ing material Use Permit to determine whether or not lead-based paint (LBP) is present Approval and to specify its proper management. 2) If LBP is found, cemple te abatement prio r to any demolition Conduct a Lead based paint Licensed Lead -Ba sed Prior to issuance of Deny issuance of acti vities that wou ld create lead dust or fume hazard . Survey Paint Inspector Demolition Permits Demolition Perm its 3) Remove LBP in acccr dance wi th Ca lifomia Code of Regulation Engineering Services Title 8, Section 1532 .1, wh ich reg ulates and specifies exposure Div ision lim its , exposure monitOring , respiratory protection , and good wor1<er practices by wor1<ers exposed to lead. Implement measures Plann ing Division Prio r to issuance of Deny issuance of 4) Provide evidence by any contractor pertorming LBP paint Building Division Demolition Permits Demolition Permits removal to the City Building Official and County En vironmen t .. Health Department of the ccntractor's cert ified train ing for lead- related censtruction work. --_ .. Lchlmnd .MMRP7 -07 MMRP-3 5 EXH. ,B MITIGATION MONITORING AND REPORTING PROGRAM The Village at Loch Lomond Marina, San Rafael, California; Revise d Ju ne 2007 MITIGATION MEASURE IMPLEMENTATION MONITORING MONITORING! NON-MONITORING PROCEDURE RESPONSIBILITY REPORTING COMPLIANCE COMPLIANCE ACTION SANCTIONI RECORD (NAME/DATE) & SCHEDULE ACTIVITY 3.13-6b: If paint is not removed from the Build ing material duri ng demol ition (and Require as a condition of Planning Division Draft and Deny appl icat ion is not flak ing or peeling), the material shall be disposed of as approval for Vesting Incorporate for VTTM and construct io n debris (i.e., as a nonhaza rdous waste ). The Project Tentative Tract Map and condition as part of Master Use Permit Contractor shall cont ac t the tandfill operator in advance to determine Master Use Permit VTTM and Master whether the landfill has any specific requirements regarding the Use Perm it disposal of lead-based paint materials . App roval Contact landfill regarding Project Contractor Complete site Halt grading and disposal of Bu ilding materials Engineering Services inspections during construction unti l Di vision grad ing and appropriate construction measures are impleme nted 3.13-7: Prior to the issuance of Demolition Permits , the type of ballasts and Require as a condition of Planning Division Draft and Deny application capac itors in fluorescent li ght fixtures shall be identifiad to determine approval for Vesting Incorporate for VT TM and the appropriate remedial activities (i.e ., proper disposa l, if necessary). Tentative Tract Map and condition as part of Master Use Permit Fluorescent lighting known to conta in polych lorinated biphenyls (PCBs) Master Use Permit VTTM and Master or mercury shall be removed off-site and properly disposed of at an Use Permit approvad landfill or recycling faci lity . In the evenl PCBs or mercury Approval from fluorescent light fixtures are accidentally released into the environment , work shall be stopped , the City shall be notified , and the Conduct a survey of lighting Qualified Reg istered Prior to iss uance of Deny issuance of spilled PCBs andlor mercury sha ll be cleaned up per recommendati ons fIXtures Environmental Demo li tion Permits Demol ition Permits of the Fire Department. Assessor Engineering Services Division 3,13-8: During grad ing and construction activities , if a Iransformer is to be Require as a cond ition of Planning Division Draft and Deny app ticati on removed , the transformer oil sha ll be tested for PCBs and any remed ial approval for Vesling Incorporale for VTTM and activities (e.g. proper disposal) determ ined to be necessary by the Ten tative T racl Map and condition as part of Mas ter Use Permi t City's Fire Department shall be imp leme nted . Transfonmers known 10 Master Use Perm it VTTM and Master conla in PCBs sha ll be removed off-site and properly disposed of at an Use Perm it approved landfill facil ity, In the event PCBs from a transfonmer are Approval accidentally released into the environment , work shall be stopped, the City shall be notified, and the spilled PCBs shall be cteaned up per Mon itor grading and Qualified'Regislered Co mplele site Hall grading and recommendations of Ihe Fire Department. construction Environmental inspections during conslruction until Assessor grading and appropriate Engineering Services construction measures are Div ision imptemented 3.13-9: Re fer to Mitigation 3,13-1. Refer to Mitiga ti on 3.13·1, Refer to Mitig atio n Refer to Mitiga tion Refer to Mitigation 3,13-1 . 3,13-1. 3.13-1. Lchl mnd.MMRP7-07 MMRP-36 A7 1a 1 A6 # # FC2 B5 EXTERIOR ELEVATION NUMBER SHEET WHERE ELEVATION OCCURS SHEET WHERE ELEVATION OCCURS WALL REFERENCE 1 A8 WALL SECTION NUMBER SHEET WHERE SECTION OCCURS 4 A6 DETAIL NUMBER SHEET WHERE DETAIL OCCURS 3 A6 DETAIL NUMBER SHEET WHERE DETAIL OCCURS KEYNOTE NUMBER - NUMBER CORRESPONDS ELEVATION TARGET OR WORKING POINT DOOR NUMBER (SEE SHEET A0.1) FINISH REFERENCE (SEE SHEET A0.1) FINISH REFERENCE (SEE SHEET A0.1) TO NUMBER IN KEYNOTE LEGEND EXTERIOR ELEVATION : INTERIOR ELEVATION : WALL SECTION: DETAIL BUBBLE: DETAIL SECTION: KEYNOTE: FLOOR FINISH TAG: WALL / CEILING FINISH TAG: +8'-0" T.O. STUDWORKING POINT: DOOR KEY: DETAIL REFERENCE NUMBER1 OWNER: Andy Bachich 75 Loch Lomond Drive San Rafael, CA 94901 (415) 456-5730 Andy@andyslocalmarket.com ARCHITECT: Russell Architects 1430 Fourth Street San Rafael, CA 94901 Attn: Colin Russell 415-686-1594 crussell@russarch.net CIVIL ENGINEER: Ruggeri-Jensen-Azar Engineers (RJA) 4690 Chabot Drive, Suite 200 Pleasanton, CA 94588 Attn: Dominic Carucci (925) 227-9100 dcarucci@rja-gps.com PLANNING CONSULTANT LAK Associates PO Box 7043 Corte Madera, CA 94976 (415) 533-2111 Sean Kennings sean@lakassociates.com LANDSCAPE ARCHITECT: Studio Green 232 Sir Francis Drake Blvd. San Anselmo CA 94960 (415) 721-0905 John Merten john@studiogreen.com Michelle Lorenz michelle@studiogreen.com 1.DESIGNS REPRESENTED BY THESE DRAWINGS ARE THE PROPERTY OF THE ARCHITECT AND WERE DEVELOPED FOR USE ON THIS PROJECT ONLY. THESE DRAWINGS AND THE DESIGNS THEY REPRESENT SHALL NOT BE USED BY OR DISCLOSED TO ANY PERSON OR FIRM OUTSIDE THE SCOPE OF THIS PROJECT WITHOUT WRITTEN PERMISSION FROM RUSSELL ARCHITECTS. 2.THE GENERAL CONDITIONS OF THE CONTRACT FOR THE CONSTRUCTION OF BUILDINGS, PUBLISHED BY THE AMERICAN INSTITUTE OF ARCHITECTS SHALL APPLY TO AND GOVERN THE WORK OF THIS CONTRACT. A COPY OF THE GENERAL CONDITIONS, ALTHOUGH NOT BOUND HEREIN, IS AVAILABLE FOR REVIEW AT THE OFFICE OF OWNER'S REPRESENTATIVE. 3.CONTRACTORS SHALL VERIFY ALL DIMENSIONS AND CONDITIONS ON THE JOB AND SHALL NOTIFY THE OWNER'S REPRESENTATIVE PROMPTLY OF ANY VARIATIONS FROM DIMENSIONS AND CONDITIONS SHOWN. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS. CONSTRUCTION DETAILS NOT FULLY SHOWN OR NOTED SHALL BE SIMILAR TO DETAILS SHOWN FOR SIMILAR CONDITIONS. 4.DISCREPANCIES AND INCONSISTENCIES IN CONTRACT DOCUMENTS: IT SHALL BE THE CONTRACTOR'S SOLE RESPONSIBILITY TO NOTIFY THE ARCHITECT IN WRITING, DURING THE BIDDING PERIOD, OF ANY INCONSISTENCIES OR OMISSIONS NOTED ON THE DRAWINGS OR IN THE SPECIFICATIONS OR ANY VARIATIONS NEEDED IN ORDER TO CONFORM TO CODES, RULES AND REGULATIONS. UPON RECEIPT OF THIS INFORMATION, THE OWNER'S REPRESENTATIVE WILL SEND WRITTEN INSTRUCTION TO ALL CONCERNED. ANY SUCH DISCREPANCY, OMISSION, OR VARIATION NOT REPORTED SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR. ANY CLAIMS FOR EXTRAS WILL NOT BE HONORED. 5.TESTING AND INSPECTIONS: THE CONTRACTOR SHALL ARRANGE AND PAY FOR ALL TESTING AND INSPECTIONS REQUIRED BY APPLICABLE BUILDING CODES, ORDINANCES OR DIRECTIVES OF GOVERNING BUILDING OFFICIALS. THE OWNER OR OWNER'S REPRESENTATIVE MAY REQUIRE TESTING OF MATERIALS FOR CONFORMANCE WITH THE CONTRACT DOCUMENTS. THE OWNER SHALL PAY ALL COSTS FOR SUCH TESTING IF THE TESTS INDICATE CONFORMANCE. THE CONTRACTOR SHALL PAY COSTS WHEN THE TESTING INDICATES NON-CONFORMANCE. 6.PERMITS AND INSPECTIONS: THE OWNER SHALL PAY FOR PLAN CHECKING FEES AND BUILDING PERMITS. EACH CONTRACTOR SHALL SECURE AND PAY FOR PERMITS REQUIRED FOR THEIR WORK AND FOR ALL INSPECTIONS WHICH MAY ALSO BE REQUIRED. 7.SCOPE OF WORK: THE SCOPE OF WORK FOR EACH DIVISION SHALL INCLUDE ALL LABOR, MATERIALS, APPLIANCES, EQUIPMENT AND FACILITIES NECESSARY TO DO ALL OF THE WORK INDICATED IN THE DRAWINGS AND SPECIFICATIONS. THE CONTRACTOR SHALL SUPPLY ALL LABOR, MATERIALS, EQUIPMENT AND SERVICES OF EVERY KIND NECESSARY FOR THE PROPER EXECUTION OF THE WORK SHOWN ON THE DRAWINGS WITH THE EXCEPTION OF WATER AND POWER, WHICH WILL BE PAID BY THE OWNER. 8.ALL MATERIALS SHALL BE NEW AND UNUSED AND OF HIGH QUALITY IN EVERY RESPECT. ALL WORK TO BE DONE IN A PROFESSIONAL MANNER. MANUFACTURER'S MATERIAL, EQUIPMENT, ETC. SHALL BE INSTALLED PER MANUFACTURER'S RECOMMENDATIONS AND INSTRUCTIONS. ALL WORKERS AND SUBCONTRACTORS SHALL BE SKILLED IN THEIR TRADE. 9.MATERIALS AND WORKMANSHIP WARRANTY: THE CONTRACTOR SHALL REPLACE ANY DEFECTIVE MATERIALS AND CORRECT POOR WORKMANSHIP WITH NO ADDITIONAL COST TO THE OWNER, AND SHALL REMEDY ANY DEFECTS IN MATERIAL OR WORKMANSHIP WHICH APPEAR IN ONE YEAR FROM THE DATE OF COMPLETION OF THE JOB. THIS WARRANTY APPLIES TO WORK DONE BY SUBCONTRACTORS AS WELL AS THE WORK DONE BY THE EMPLOYEES OF THE CONTRACTOR. 10.SHORING: IT SHALL BE THE CONTRACTOR'S SOLE RESPONSIBILITY TO DESIGN AND PROVIDE ADEQUATE SHORING, BRACING AND FORMWORK AS REQUIRED FOR THE PROTECTION OF LIFE AND PROPERTY DURING THE CONSTRUCTION OF THIS BUILDING. 11.BRACING: TEMPORARY BRACING SHALL BE PROVIDED AS REQUIRED TO HOLD ALL COMPONENTS OF THE STRUCTURE IN PLACE UNTIL FINAL SUPPORT IS SECURELY ANCHORED. 12.SHOP DRAWINGS: CONTRACTOR AND SUBCONTRACTORS SHALL BE RESPONSIBLE FOR SUBMITTING SHOP DRAWINGS TO THE ARCHITECT FOR APPROVAL PRIOR TO PROCEEDING WITH FABRICATION. CONTRACTOR SHALL SUBMIT SAMPLES OF ALL NEW FINISH MATERIALS TO THE ARCHITECT FOR APPROVAL PRIOR TO INSTALLATION OR EXECUTION. 13.ALL EXTERIOR DOORS SHALL BE WEATHERSRIPPED. ALL SASH AND SLIDING GLASS DOORS TO HAVE WEATHERSTRIPPING. 14.ALL GLAZING SHALL COMPLY WITH CHAPTER C.B.C., 2022 EDITION. 15.ALL ELECTRICAL WORK SHALL COMPLY WITH THE LATEST APPLICABLE EDITION OF THE NATIONAL ELECTRICAL CODE (N.E.C.). LOCATION AND RATING OF ALL ELECTRICAL PANELS TO BE PROVIDED BY ELECTRICAL CONTRACTOR. 16.SEE TITLE 24 ENERGY COMPLIANCE DOCUMENTS FOR ALL ENERGY CONSERVATION INSULATION AND FURNACE REQUIREMENTS. 17.MECHANICAL CONTRACTOR TO INSTALL A COMPLETE NEW HVAC SYSTEM INCLUDING: DUCTS, HEATING & COOLING UNITS, CONTROLS, THERMOSTATS, AND ALL OTHER REQUIRED COMPONENTS. COORDINATE HVAC WORK WITH ELECTRICAL CONTRACTOR. COORDINATE DUCT LOCATIONS WITH ARCHITECT PRIOR TO THE START OF CONSTRUCTION. PROVIDE SMOKE DETECTORS WITH PRIMARY POWER FROM BUILDING WIRING WHERE SHOWN ON DRAWINGS. 18.ELECTRICAL CONTRACTOR TO COORDINATE ALL WORK WITH ARCHITECT PRIOR TO THE START OF CONSTRUCTION. 19.PROVIDE WATER-RESISTANT GYPSUM WALL BOARD AT ALL WET LOCATIONS, INCLUDING BATHROOMS, SHOWER ROOMS AND KITCHENS. PROVIDE CEMENT BACKER BOARD AT ALL CERAMIC TILE SURFACES. Occupancies (Chapter 3): Residential:R-2 Parking Garage:S-2 Building Heights and Areas (Chapter 5): Building Height -Allowable (per Table 504.3) Allowable Actual Residential (R-2, S)60’35’ Parking (S-2):60’12’ Therefore: Building Heights comply Allowable Number of Stories (Table 504.4) Allowable Actual Residential (R-2)3 2 Parking (S-2):3 1 Therefore: Building Stories comply Allowable areas (Table 506.2) Allowable Actual Residential (R-2, S1): 48,000 sf 32,840 sf Parking (S-2, S1):54,000 sf 15,997 sf Ratio of actual area/allowable area: Residential:32,840/48,000= .684 Parking:15,997/54,000=.296 TOTAL .98 < 1 = OK Therefore: Building Areas comply Mixed Occupancy Requirements (Section 508) SEPARATED OCCUPANCIES CHOSEN PER SEC. 508.4 Occupancy Separation Requirements (Table 508.4) S-2/R-2 1 hour SPRINKLERS: YES. INSTALL TYPE 13 SPRINKLER SYSTEM THROUGHOUT, ALL FLOORS OCCUPANT LOADS: RESIDENTIAL:164 PARKING:80 Type of Construction (Table 601): V-A S1 (Fully Sprinklered) Fire Resistive Construction Requirements Primary Structural Frame 1 hour Bearing walls, exterior:1 hour Bearing walls, interior 1 hour Non-bearing walls, exterior ≥30’separation (Table 705.5)0 hour Non-bearing walls and partitions, interior 0 hour Floor Construction 1 hour Roof Construction 1 hour Max. Exterior Wall Openings (Table 705.8, ≥30’separation):No limit Elec Vehicle charging Residential Parking Spaces = 32 Total : Required 1 Provided 14 SHEET INDEXCONTRACTOR GENERAL NOTESSYMBOL LEGEND PROJECT SITE ARCHITECTURAL Harbor Flats Residences at Loch Lomond Sheet Number Sheet Name Current Revision A000 COVER SHEET A001 Site Plan - Overall A002 Site Plan A002.1 Renderings A002.3 Previously Approved Project - Level 1 A002.4 Previously Approved Project - Level 2 A002.5 Site Photos A005 Areas A201 Level 1 Floor Plan A202 Level 2 Floor Plan A203 Level 3 Floor Plan A204 Roof Plan A211 Elevator Mfr. Details A501 Exterior Elevations A502 Exterior Elevations A601 Building Sections PROJECT TEAM All construction shall comply with 2022 California Building Code, 2022 California Plumbing code, 2022 California Mechanical code, 2022 California Electrical Code and other applicable sections of the San Rafael Municipal Code. No hazardous materials will be stored and/or used within the building which exceed the quantities listed in IBC Tables 307.1(1) and 307.1(2). Sheet Number Sheet Name - Civil Current Revision TM1,0 VESTING TENTATIVE MAP TM2.0 EXISTING CONDITIONS PLAN TM3.0 PROPOSED LOTTING PLAN TM4.0 RELIMINARY GRADING AND DRAINAGE PLAN TM6.0 PRELIMINARY STORMWATER TREATMENT PLAN TM7.0 PRELIMNARY EROSOIN AND SEDIMANT CONTROL PLAN TM2.0 EXISTING CONDITIONS PLAN TM5.0 PRELIMINARY UTILITY PLAN Code Analysis SCOPE OF WORK A NEW RESIDENTIAL DEVELOPMENT WITH 14 UNITS OVER PARKING LICE N S E D ARC H I TE C TCOLINJ.RUS S E L L S T ATE OF CA L I F ORNIA C-28378 RENEWAL DATE 990 A Street, Suite K 415.671.8892 tel. 415.594.0857 fax San Rafael, CA 94901 Sheet No: Of Sheets Sheet Title Scale: : Project No.: Drawn By: Checked By: Issued Date: Material herein is for use by authorized contractors, bidders and subcontractors in connection with this project only. All dimensions an these drawings shall take precedence over scaled dimensions. Contractors shall be responsible to verify all dimensions and conditions on the job. Russell Architects must be notified of any variations from the dimensions and conditions shown by these drawings. Electronic files furnished by Russell Architects are strictly for reference only. Russell Architects shall be indemnified and held harmless for any and all modifications to such electronic files by others. Revisions 11-30-25 As indicated Harbor Flats at Loch Lomond 223006 SB/CR CR PLANNING SUBMITTAL 4/17/25 COVER SHEET A000 25 Loch Lomond Drive San Rafael, CA Sheet Number Sheet Name - Landscape Current Revision L1.0 LANDSCAPE SITE PLAN No.Description Date UP UP S S S DOCK A 02 04 06 08 10 12 01 03 05 07 09 11 13 15 02 04 06 08 01 03 05 07 DOCK B DOCK C 01 03 05 02 04 06 3.0 3.1 3.0 5 5 5 PIPE PIPE PIPE D O C K DO C K D O C K D O C K DO C K D O C K D O C K TAN K RAMP RAMP B 1 2 3 4 A C C C C C C C C C C C C C C B 1 2 3 4 A C C C C C C C C C C C C C C B 1 2 3 4 A C C C C C C C C C C C C C C T 5 T4 CCCCCCCCC C C C C A501 2 A5021 A501 A502 1 2 N O RTH LINE OF BUILDING AREA OF WORK PROPOSED RESIDENCES TRASH ENCLOSURE EXISTING MARKET BUILDING PROPOSED FUTURE HARBORMASTER BUILDING 0'30'60'120'240' PROPOSED FUTURE BOAT REPAIR BUILDING CONSTRUCTION STAGING AREA LICE N S E D ARC H I TE C TCOLINJ.RUS S E L L S T ATE OF CA L I F ORNIA C-28378 RENEWAL DATE 990 A Street, Suite K 415.671.8892 tel. 415.594.0857 fax San Rafael, CA 94901 Sheet No: Of Sheets Sheet Title Scale: : Project No.: Drawn By: Checked By: Issued Date: Material herein is for use by authorized contractors, bidders and subcontractors in connection with this project only. All dimensions an these drawings shall take precedence over scaled dimensions. Contractors shall be responsible to verify all dimensions and conditions on the job. Russell Architects must be notified of any variations from the dimensions and conditions shown by these drawings. Electronic files furnished by Russell Architects are strictly for reference only. Russell Architects shall be indemnified and held harmless for any and all modifications to such electronic files by others. Revisions 11-30-25 1" = 30'-0" Harbor Flats at Loch Lomond 223006 Author Checker PLANNING SUBMITTAL 4/17/25 Site Plan - Overall A001 25 Loch Lomond Drive San Rafael, CA 1" = 30'-0" 1 Site Plan Overall No.Description Date UP UP 5 C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C T 5 A501 2 A5021 A501 A502 1 2 N O RTH PROPOSED RESIDENCES PROPERTY LINE, TYP. PROPERTY LINE, TYP. All property lines, easements and buildings, existing and proposed, are shown on this site plan. STREET C/L STREET C/L LINE OF DECK AT LEVEL 2 E V E V E V E V E V E V E V E V E V E VEV EV EV EV Storage unit for each unit, typ. 9' - 0 " typ. 19' - 0" typ. 26' - 0" typ. 19' - 0" 13 ' - 0 " 3' - 0 " 8' - 10" 17 ' - 8 " 7' - 7" 4' - 9" 6' - 1" 11' - 5" 4' - 9" 6' - 4 " 4' - 1 " 8' - 8 " 16' - 5" 28' - 9" VAN ACCESSIBLE PARKING SPACES C C C 9' - 0"9' - 0" Downspout location, typ. 8' - 0 " 8' - 0 " 8' - 0 " 18' - 0" typ. 18' - 0" ty p . 10 ' - 6 " 19 ' - 0 " KNOX BOX AERIAL APPARATUS ACCESS LINE 30' - 0" 15' - 0" 4" curb 0'16'32'64'96' NEW BACKFLOW PREVENTER RED PAINTED CURB FOR "NO PARKING" FIRE LANE PRIMARY ENTRANCE 3' - 5 " TRASH NOTE: SEE LANDSCAPE DRAWINGS FOR PRELIMINARY LANDSCAPE DESIGN AROUND BUILDING LICE N S E D ARC H I TE C TCOLINJ.RUS S E L L S T ATE OF CA L I F ORNIA C-28378 RENEWAL DATE 990 A Street, Suite K 415.671.8892 tel. 415.594.0857 fax San Rafael, CA 94901 Sheet No: Of Sheets Sheet Title Scale: : Project No.: Drawn By: Checked By: Issued Date: Material herein is for use by authorized contractors, bidders and subcontractors in connection with this project only. All dimensions an these drawings shall take precedence over scaled dimensions. Contractors shall be responsible to verify all dimensions and conditions on the job. Russell Architects must be notified of any variations from the dimensions and conditions shown by these drawings. Electronic files furnished by Russell Architects are strictly for reference only. Russell Architects shall be indemnified and held harmless for any and all modifications to such electronic files by others. Revisions 11-30-25 1/16" = 1'-0" Harbor Flats at Loch Lomond 223006 Author Checker PLANNING SUBMITTAL 4/17/25 Site Plan A002 25 Loch Lomond Drive San Rafael, CA 1/16" = 1'-0" 1 Site Plan No.Description Date LICE N S E D ARC H I TE C TCOLINJ.RUS S E L L S T ATE OF CA L I F ORNIA C-28378 RENEWAL DATE 990 A Street, Suite K 415.671.8892 tel. 415.594.0857 fax San Rafael, CA 94901 Sheet No: Of Sheets Sheet Title Scale: : Project No.: Drawn By: Checked By: Issued Date: Material herein is for use by authorized contractors, bidders and subcontractors in connection with this project only. All dimensions an these drawings shall take precedence over scaled dimensions. Contractors shall be responsible to verify all dimensions and conditions on the job. Russell Architects must be notified of any variations from the dimensions and conditions shown by these drawings. Electronic files furnished by Russell Architects are strictly for reference only. Russell Architects shall be indemnified and held harmless for any and all modifications to such electronic files by others. Revisions 11-30-25 Harbor Flats at Loch Lomond 223006 Author Checker PLANNING SUBMITTAL 4/17/25 Renderings A002.1 25 Loch Lomond Drive San Rafael, CA No.Description Date N O RTH LICE N S E D ARC H I TE C TCOLINJ.RUS S E L L S T ATE OF CA L I F ORNIA C-28378 RENEWAL DATE 990 A Street, Suite K 415.671.8892 tel. 415.594.0857 fax San Rafael, CA 94901 Sheet No: Of Sheets Sheet Title Scale: : Project No.: Drawn By: Checked By: Issued Date: Material herein is for use by authorized contractors, bidders and subcontractors in connection with this project only. All dimensions an these drawings shall take precedence over scaled dimensions. Contractors shall be responsible to verify all dimensions and conditions on the job. Russell Architects must be notified of any variations from the dimensions and conditions shown by these drawings. Electronic files furnished by Russell Architects are strictly for reference only. Russell Architects shall be indemnified and held harmless for any and all modifications to such electronic files by others. Revisions 11-30-25 12" = 1'-0" Harbor Flats at Loch Lomond 223006 Author Checker PLANNING SUBMITTAL 4/17/25 Previously Approved Project - Level 1 A002.3 25 Loch Lomond Drive San Rafael, CA 12" = 1'-0" 1 Previously Approved Plan Level 1 No.Description Date N O RTH 0'16'32'64'96' LICE N S E D ARC H I TE C TCOLINJ.RUS S E L L S T ATE OF CA L I F ORNIA C-28378 RENEWAL DATE 990 A Street, Suite K 415.671.8892 tel. 415.594.0857 fax San Rafael, CA 94901 Sheet No: Of Sheets Sheet Title Scale: : Project No.: Drawn By: Checked By: Issued Date: Material herein is for use by authorized contractors, bidders and subcontractors in connection with this project only. All dimensions an these drawings shall take precedence over scaled dimensions. Contractors shall be responsible to verify all dimensions and conditions on the job. Russell Architects must be notified of any variations from the dimensions and conditions shown by these drawings. Electronic files furnished by Russell Architects are strictly for reference only. Russell Architects shall be indemnified and held harmless for any and all modifications to such electronic files by others. Revisions 11-30-25 12" = 1'-0" Harbor Flats at Loch Lomond 223006 Author Checker PLANNING SUBMITTAL 4/17/25 Previously Approved Project - Level 2 A002.4 25 Loch Lomond Drive San Rafael, CA 12" = 1'-0" 1 Previously Approved Plan Level 2 No.Description Date LICE N S E D ARC H I TE C TCOLINJ.RUS S E L L S T ATE OF CA L I F ORNIA C-28378 RENEWAL DATE 990 A Street, Suite K 415.671.8892 tel. 415.594.0857 fax San Rafael, CA 94901 Sheet No: Of Sheets Sheet Title Scale: : Project No.: Drawn By: Checked By: Issued Date: Material herein is for use by authorized contractors, bidders and subcontractors in connection with this project only. All dimensions an these drawings shall take precedence over scaled dimensions. Contractors shall be responsible to verify all dimensions and conditions on the job. Russell Architects must be notified of any variations from the dimensions and conditions shown by these drawings. Electronic files furnished by Russell Architects are strictly for reference only. Russell Architects shall be indemnified and held harmless for any and all modifications to such electronic files by others. Revisions 11-30-25 Harbor Flats at Loch Lomond 223006 Author Checker PLANNING SUBMITTAL 4/17/25 Site Photos A002.5 25 Loch Lomond Drive San Rafael, CA No.Description Date 189 SF Stair 2 103 137 SF Corridor 157 80 SF Elev. Eq. 152 394 SF Lobby 151 74 SF Elev. 153 158 SF Trash 104 196 SF Stair 1 102 13224 SF Parking 101 85 SF W.C. 158 348 SF Storage 160 791 SF Storage 159 320 SF Storage 161 827 SF Pavilion 205 1574 SF Unit Type 1 209 1513 SF Unit Type 2 212 2520 SF Unit Type 3 213 2445 SF Unit Type 4 214 1601 SF Unit Type 1 211 1566 SF Unit Type 1 210 134 SF Trash 208 83 SF Elev. Eq. 203 81 SF Elev. 202 202 SF Stair 1 206 1646 SF Unit Type 5 215 1570 SF Unit Type 5 216 186 SF Stair 2 207 1341 SF Corridor 201 Unit 1 Unit 2 Unit 3 Unit 4 Unit 5Unit 6 Unit 7Unit 8 AFFORDABLE UNIT 1631 SF Unit Type 1 307 1513 SF Unit Type 2 308 186 SF Stair 2 305 2520 SF Unit Type 3 309 2456 SF Unit 4 310 2547 SF Unit Type 6 311 2986 SF Unit Type 7 312 1210 SF Corridor 301 134 SF Trash 306 83 SF Elev. Eq. 303 81 SF Elev. 302 202 SF Stair 1 304 Unit 9 Unit 10 Unit 11 Unit 12 Unit 13 Unit 14 LICE N S E D ARC H I TE C TCOLINJ.RUS S E L L S T ATE OF CA L I F ORNIA C-28378 RENEWAL DATE 990 A Street, Suite K 415.671.8892 tel. 415.594.0857 fax San Rafael, CA 94901 Sheet No: Of Sheets Sheet Title Scale: : Project No.: Drawn By: Checked By: Issued Date: Material herein is for use by authorized contractors, bidders and subcontractors in connection with this project only. All dimensions an these drawings shall take precedence over scaled dimensions. Contractors shall be responsible to verify all dimensions and conditions on the job. Russell Architects must be notified of any variations from the dimensions and conditions shown by these drawings. Electronic files furnished by Russell Architects are strictly for reference only. Russell Architects shall be indemnified and held harmless for any and all modifications to such electronic files by others. Revisions 11-30-25 1/16" = 1'-0" Harbor Flats at Loch Lomond 223006 MS CR PLANNING SUBMITTAL 4/17/25 Areas A005 25 Loch Lomond Drive San Rafael, CA 1/16" = 1'-0" 1 Level 1 Areas 1/16" = 1'-0" 2 Level 2 Areas 1/16" = 1'-0" 3 Level 3 Areas Area Schedule (Gross Building) Level Number Name Area Level 1 157 Corridor 137 SF Level 1 153 Elev.74 SF Level 1 152 Elev. Eq.80 SF Level 1 151 Lobby 394 SF Level 1 101 Parking 13224 SF Level 1 102 Stair 1 196 SF Level 1 103 Stair 2 189 SF Level 1 159 Storage 791 SF Level 1 160 Storage 348 SF Level 1 161 Storage 320 SF Level 1 104 Trash 158 SF Level 1 158 W.C.85 SF 15997 SF Level 2 201 Corridor 1341 SF Level 2 202 Elev.81 SF Level 2 203 Elev. Eq.83 SF Level 2 205 Pavilion 827 SF Level 2 206 Stair 1 202 SF Level 2 207 Stair 2 186 SF Level 2 208 Trash 134 SF Level 2 209 Unit Type 1 1574 SF Level 2 210 Unit Type 1 1566 SF Level 2 211 Unit Type 1 1601 SF Level 2 212 Unit Type 2 1513 SF Level 2 213 Unit Type 3 2520 SF Level 2 214 Unit Type 4 2445 SF Level 2 215 Unit Type 5 1646 SF Level 2 216 Unit Type 5 1570 SF 17291 SF Level 3 301 Corridor 1210 SF Level 3 302 Elev.81 SF Level 3 303 Elev. Eq.83 SF Level 3 304 Stair 1 202 SF Level 3 305 Stair 2 186 SF Level 3 306 Trash 134 SF Level 3 310 Unit 4 2456 SF Level 3 307 Unit Type 1 1631 SF Level 3 308 Unit Type 2 1513 SF Level 3 309 Unit Type 3 2520 SF Level 3 311 Unit Type 6 2547 SF Level 3 312 Unit Type 7 2986 SF 15549 SF 48837 SF No.Description Date OCCUPANT LOAD BY AREA Level Number Name Area Occ Load Factor Occupant Load Exit Width Req'd (inches) Level 1 101 Parking 13224 SF 200 66.12 13.2 Level 1 102 Stair 1 196 SF 200 0.98 0.2 Level 1 103 Stair 2 189 SF 200 0.94 0.2 Level 1 104 Trash 158 SF 200 0.79 0.2 Level 1 151 Lobby 394 SF 200 1.97 0.4 Level 1 152 Elev. Eq. 80 SF 200 0.40 0.1 Level 1 153 Elev.74 SF 200 0.37 0.1 Level 1 157 Corridor 137 SF 200 0.68 0.1 Level 1 158 W.C.85 SF 200 0.43 0.1 Level 1 159 Storage 791 SF 200 3.96 0.8 Level 1 160 Storage 348 SF 200 1.74 0.3 Level 1 161 Storage 320 SF 200 1.60 0.3 15997 SF 79.99 16.0 Level 2 201 Corridor 1341 SF 200 6.71 1.3 Level 2 202 Elev.81 SF 200 0.40 0.1 Level 2 203 Elev. Eq. 83 SF 200 0.42 0.1 Level 2 205 Pavilion 827 SF 200 4.14 0.8 Level 2 206 Stair 1 202 SF 200 1.01 0.2 Level 2 207 Stair 2 186 SF 200 0.93 0.2 Level 2 208 Trash 134 SF 200 0.67 0.1 Level 2 209 Unit Type 1 1574 SF 200 7.87 1.6 Level 2 210 Unit Type 1 1566 SF 200 7.83 1.6 Level 2 211 Unit Type 1 1601 SF 200 8.01 1.6 Level 2 212 Unit Type 2 1513 SF 200 7.57 1.5 Level 2 213 Unit Type 3 2520 SF 200 12.60 2.5 Level 2 214 Unit Type 4 2445 SF 200 12.22 2.4 Level 2 215 Unit Type 5 1646 SF 200 8.23 1.6 Level 2 216 Unit Type 5 1570 SF 200 7.85 1.6 17291 SF 86.45 17.3 Level 3 301 Corridor 1210 SF 200 6.05 1.2 Level 3 302 Elev.81 SF 200 0.40 0.1 Level 3 303 Elev. Eq. 83 SF 200 0.42 0.1 Level 3 304 Stair 1 202 SF 200 1.01 0.2 Level 3 305 Stair 2 186 SF 200 0.93 0.2 Level 3 306 Trash 134 SF 200 0.67 0.1 Level 3 307 Unit Type 1 1631 SF 200 8.15 1.6 Level 3 308 Unit Type 2 1513 SF 200 7.57 1.5 Level 3 309 Unit Type 3 2520 SF 200 12.60 2.5 Level 3 310 Unit 4 2456 SF 200 12.28 2.5 Level 3 311 Unit Type 6 2547 SF 200 12.73 2.5 Level 3 312 Unit Type 7 2986 SF 200 14.93 3.0 15549 SF 77.75 15.5 Grand total 48837 SF 244.19 48.8 UP UP T e c t o n i c C o p y r i g h t 2 0 0 7 T ectonic Cop yright 2007 56" 60" A501 2 A5021 A502 2 50' - 5 1/2"11' - 3 3/4"42' - 5 1/2"40' - 4 1/4" typ. u.o.n. 19' - 0"26' - 0" typ. u.o.n. 19' - 0" Parking 101 Exit Corr. 106 13' - 0" C/L DRIVE AISLE R @ 0' -6"22 TYP. Util. 151 10 ' - 9 1 / 4 " EV 60.00° Stor.Stor. 1 2 4 5 6 7 8 9 10 11 1213 3 Parking 101 Stair 2 176 Corr. 177 Elev. 185 Elev Eq. 186 Lobby 190 Stor.Stor. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 sliding gate security fence 30 31 32 EQ EQ EQ EQ EQ EQ EQ EQ EQ typ.u.o.n. 9' - 0" typ.u.o.n. 19' - 0" 13' - 0" 51' - 0" 9' - 0" 2' - 0" typ. 10' - 6" typ. 18' - 0" min. typ. 19' - 9" 13' - 5" 9' - 0"9' - 0" 19' - 0" 6' - 3" 1' - 6" W.C. 193 PARKING COUNTS STANDARD: 30 EV:13 ACCESSIBLE 2 TOTAL: 32 EV CHARGING STATION, TYP. OF 13 N O RTH 0'4'8'16'32' E V E V E V E V E V E V E V E V E V E V E V EV EV Stair 1 194 Trash Enclosure 7' - 9" 9' - 0" 8' - 4" 20' - 8" 17' - 11" 13' - 3" 8' - 7" 20' - 1" 73' - 0" 8' - 5" 31' - 4" 62' - 4" 43' - 5" 17' - 1" 9' - 0" 35' - 5"35' - 10"8' - 5"50' - 11"9' - 0"3' - 3" 143' - 1" 8' - 5" 80' - 7" 70' - 0" 3' - 0" 162' - 0" 8' - 11" 12' - 7" NOTE: ALL STORAGE UNITS (1 PER UNIT) WILL CONTAIN LONG TERM BICYCLE STORAGE RACKS DOWNSPOUT, TYP. KNOX BOX @ +72" A.F.F. WITH KNOX KEY SWITCH FOR AUTOMATIC GATE GARAGE AIR VENT AND HYDROSTATIC FLOOD VENT, TYP. Storage 102 Storage 103 Storage 104 Storage 105 Storage 107 Storage 108 Storage 109 Storage 110 Storage 111 Storage 112 LICE N S E D ARC H I TE C TCOLINJ.RUS S E L L S T ATE OF CA L I F ORNIA C-28378 RENEWAL DATE 990 A Street, Suite K 415.671.8892 tel. 415.594.0857 fax San Rafael, CA 94901 Sheet No: Of Sheets Sheet Title Scale: : Project No.: Drawn By: Checked By: Issued Date: Material herein is for use by authorized contractors, bidders and subcontractors in connection with this project only. All dimensions an these drawings shall take precedence over scaled dimensions. Contractors shall be responsible to verify all dimensions and conditions on the job. Russell Architects must be notified of any variations from the dimensions and conditions shown by these drawings. Electronic files furnished by Russell Architects are strictly for reference only. Russell Architects shall be indemnified and held harmless for any and all modifications to such electronic files by others. Revisions 11-30-25 1/8" = 1'-0" Harbor Flats at Loch Lomond 223006 Author Checker PLANNING SUBMITTAL 4/17/25 Level 1 Floor Plan A201 25 Loch Lomond Drive San Rafael, CA No.Description Date 1/8" = 1'-0" 1 Level 1 DN UP DN UP A501 2 A5021 A502 2 1 A601 2 A601 Stair 2 C202 Pavilion 173 Stair 1 C201 Deck Deck Deck Deck Trash 187 Elev. 189 Equip. 188 BR/Office 302 BR 303 DR 121 LR 308 Entry 312 Coats 318 BA 144 Hall 142 Laun. 143 WH 145 MBR 1 Clos. 2 MBA 3 Clos. 4 Kit. 6 15' - 6" 17' - 4" 12' - 6" 13' - 1" 14' - 5" 17' - 1" 11' - 7" 14' - 0" 6' - 5" 5' - 0" 8' - 2" 14' - 6"12' - 7" 26' - 7" 21' - 10" 14' - 9" 17' - 3" LR 402 DR 401 Kit. 120Off. 406 Coats 405 BR 106 Clos. 414 Laun. 408 WH 146 BA 409 MBA 415 Clos. 413 MBR 412 Entry 1 Clos. 2 14' - 0" 7' - 11" 11' - 10" 26' - 10" 19' - 7" 11' - 7" 17' - 9" 14' - 9" 9' - 8" 14' - 1" 18' - 8" 9' - 8" 14' - 7" 9' - 4"21' - 1"16' - 6" 27' - 0" BR/Office 302 BR 303 DR 121 LR 308 Entry 312 Coats 318 BA 144 Hall 142 Laun. 143 WH 145 MBR 1 Clos. 2 MBA 3 Clos. 4 Kit. 6 15' - 6" 17' - 4" 12' - 6" 13' - 1" 14' - 5" 17' - 1" 11' - 7" 14' - 0" 6' - 5" 5' - 0" 8' - 2" 14' - 6"12' - 7" 26' - 7" 21' - 10" 14' - 9" 17' - 3" BR 6 LR 7 Clos. 8 MBA 9 BA 10 MBR 11 Hall 12 Kit 13 Coats 14 Clos. 16 21' - 1" 20 ' - 6 " 8' - 6 " 18' - 4" 12 ' - 1 0 " 5' - 11"6' - 5" 12 ' - 1 " 11 ' - 3 " 7' - 6"5' - 9 " 14' - 4" 18 ' - 4 " BR 6 LR 7 Clos. 8 MBA 9 BA 10 MBR 11 Hall 12 Kit 13 Coats 14 Clos. 16 21' - 1" 20' - 6" 8' - 6" 18' - 4" 12' - 10" 5' - 11"6' - 5" 12' - 1" 11' - 3" 7' - 6" 5' - 9" 14' - 4" 18' - 4" BR/Office 302 BR 303 DR 121 LR 308 Entry 312 Coats 318 BA 144 Hall 142 Laun. 143 WH 145 MBR 1 Clos. 2 MBA 3 Clos. 4 Kit. 6 15' - 6" 17' - 4" 12' - 6" 13' - 1" 14' - 5" 17' - 1" 11' - 7" 14' - 0" 6' - 5" 5' - 0" 8' - 2" 14' - 6"12' - 7" 26' - 7" 21' - 10" 14' - 9" 17' - 3" Corridor 192 BR 6 BA 7 Kit. 8 Laun. 9Clos. 10 BA 11 MBR 12 Clos. 13 Clos. 14 WH 15 LR 16 13' - 4"15' - 3" 18' - 7" 16' - 11" 17' - 2" 6' - 0" 6' - 0" 41' - 8" 15' - 0" BR 6 BA 7 Kit. 8 Laun. 9 Clos. 10 BA 11 MBR 12 Clos. 13 Clos. 14 WH 15 LR 16 13' - 4" 15 ' - 3 " 18' - 7" 16' - 11" 17 ' - 2 " 6' - 0 " 6' - 0" 41 ' - 8 " 15' - 0" BR 6 BA 7 Kit. 8 Laun. 9 Clos. 10 BA 11 MBR 12 Clos. 13 Clos. 14 WH 15 LR 16 13' - 4" 15 ' - 3 " 18' - 7" 16' - 11" 17 ' - 2 " 6' - 0 " 6' - 0" 41 ' - 8 " 15' - 0" BR 6 BA 7 Kit. 8 Laun. 9 Clos. 10 BA 11 MBR 12 Clos. 13 Clos. 14 WH 15 LR 16 13' - 4" 15 ' - 3 " 18' - 7" 16' - 11" 17 ' - 2 " 6' - 0 " 6' - 0" 41 ' - 8 " 15' - 0" LR 22 MBR 23 MBA 24 Clos. 25 BA2 26 BR 2 27BR 3/Office 28 Laun. 29 Clos. 30 Coats 31 Clos. 32 Clos. 33 Kit. 34 18' - 2" 16' - 4" 27' - 4" 13' - 8" 8' - 7" 12' - 9" 4' - 3" 7' - 3" 6' - 0" 12' - 0" 10' - 8" 12' - 3"6' - 0"10' - 6" 13' - 10" Unit 1 Unit 2 Unit 3 Unit 4 Unit 5Unit 6 Unit 7Unit 8 N O RTH 0'4'8'16'32' 148' - 9" 3' - 8"80' - 4"43' - 5"15' - 0"6' - 4" 159' - 7" 8' - 6" 13' - 10" 3' - 11" 17' - 0" 50' - 3" 17' - 4" 148' - 4" 3' - 8"35' - 3"36' - 5"21' - 3"30' - 7"21' - 3" 4' - 0" 16' - 11" 43' - 5" 25' - 1" 60' - 2" 6' - 0" 8' - 6" 11' - 7"6' - 11" 7' - 9" 15' - 2" 9' - 0" 6' - 11" 6' - 8" 8' - 2" 20' - 5" 27' - 1" DOWNSPOUT, TYP. AFFORDABLE UNIT LICE N S E D ARC H I TE C TCOLINJ.RUS S E L L S T ATE OF CA L I F ORNIA C-28378 RENEWAL DATE 990 A Street, Suite K 415.671.8892 tel. 415.594.0857 fax San Rafael, CA 94901 Sheet No: Of Sheets Sheet Title Scale: : Project No.: Drawn By: Checked By: Issued Date: Material herein is for use by authorized contractors, bidders and subcontractors in connection with this project only. All dimensions an these drawings shall take precedence over scaled dimensions. Contractors shall be responsible to verify all dimensions and conditions on the job. Russell Architects must be notified of any variations from the dimensions and conditions shown by these drawings. Electronic files furnished by Russell Architects are strictly for reference only. Russell Architects shall be indemnified and held harmless for any and all modifications to such electronic files by others. Revisions 11-30-25 1/8" = 1'-0" Harbor Flats at Loch Lomond 223006 Author Checker PLANNING SUBMITTAL 4/17/25 Level 2 Floor Plan A202 25 Loch Lomond Drive San Rafael, CA 1/8" = 1'-0" 1 Level 2 No.Description Date DN DN A501 2 A5021 A502 2 LR 402 DR 401 Kit. 120Off. 406 Coats 405 BR 106 Clos. 414 Laun. 408 WH 146 BA 409 MBA 415 Clos. 413 MBR 412 Entry 1 Clos. 2 14' - 0" 7' - 11" 11' - 10" 26' - 10" 19' - 7" 11' - 7" 17' - 9" 14' - 9" 9' - 8" 14' - 1" 18' - 8" 9' - 8" 14' - 7" 9' - 4"21' - 1"16' - 6" Trash 179 Equip. 180 Elev. 181 Stair 183 Stair 1 184 Deck Deck Deck Deck BR/Office 302 BR 303 DR 121 LR 308 Entry 312 Coats 318 BA 144 Hall 142 Laun. 143 WH 145 MBR 1 Clos. 2 MBA 3 Clos. 4 Kit. 6 15' - 6" 17' - 4" 12' - 6" 13' - 1" 14' - 5" 17' - 1" 11' - 7" 14' - 0" 6' - 5" 5' - 0" 8' - 2" 14' - 6"12' - 7" 26' - 7" 21' - 10" 14' - 9" 17' - 3" LR 402 DR 401 Kit. 120Off. 406 Coats 405 BR 106 Clos. 414 Laun. 408 WH 146 BA 409 MBA 415 Clos. 413 MBR 412 Entry 1 Clos. 2 14' - 0" 7' - 11" 11' - 10" 26' - 10" 19' - 7" 11' - 7" 17' - 9" 14' - 9" 9' - 8" 14' - 1" 18' - 8" 9' - 8" 14' - 7" 9' - 4"21' - 1"16' - 6" WH 502 Coats 114 Laun. 504 Entry 501 Office/BR 505 DR 506 LR 507MBA 157 Clos. 149 MBR 153 BA 156 Hall 511 Clos. 1Clos. 2 Clos. 3 Pantry 4 Kit. 5 22' - 11"15' - 0" 7' - 6" 19' - 6" 24' - 1" 12' - 9"27' - 7" 21' - 7" 15' - 4"15' - 3"5' - 8" 4' - 10" 7' - 6" BR/Office 302 BR 303 DR 121 LR 308 Entry 312 Coats 318 BA 144 Hall 142 Laun. 143 WH 145 MBR 1 Clos. 2 MBA 3 Clos. 4 Kit. 6 15' - 6" 17' - 4" 12' - 6" 13' - 1" 14' - 5" 17' - 1" 11' - 7" 14' - 0" 6' - 5" 5' - 0" 8' - 2" 14' - 6"12' - 7" 26' - 7" 21' - 10" 14' - 9" 17' - 3" BR/Office 302 BR 303 DR 121 LR 308 Entry 312 Coats 318 BA 144 Hall 142 Laun. 143 WH 145 MBR 1 Clos. 2 MBA 3 Clos. 4 Kit. 6 15' - 6" 17' - 4" 12' - 6" 13' - 1" 14' - 5" 17' - 1" 11' - 7" 14' - 0" 6' - 5" 5' - 0" 8' - 2" 14' - 6"12' - 7" 26' - 7" 21' - 10" 14' - 9" 17' - 3" Corridor 191 BR 6 BA 7 Kit. 8 Laun. 9 Clos. 10 BA 11 MBR 12 Clos. 13 Clos. 14 WH 15 LR 16 13' - 4" 15 ' - 3 " 18' - 7" 16' - 11" 17 ' - 2 " 6' - 0 " 6' - 0" 41 ' - 8 " 15' - 0" Kit. 204 BR 214 Clos. 215 BA 216 BR 131 Vest. 132 MBR 133 Coats 135 Laun. 136 LR/DR 137 MBA 138 Clos. 139 Clos. 140 BA2 1 Clos. 2 17' - 0" 16' - 10" 21' - 8" 17' - 6"20' - 9" 23' - 9" 14' - 4" 17' - 3" 15' - 3" 10' - 6" 8' - 10"6' - 4" 7' - 9" 10' - 4" LR 22 MBR 23 MBA 24 Clos. 25 BA2 26 BR 2 27BR 3/Office 28 Laun. 29 Clos. 30 Coats 31 Clos. 32 Clos. 33 Kit. 34 18' - 2" 16' - 4" 27' - 4" 13' - 8" 8' - 7" 12' - 9" 4' - 3" 7' - 3" 6' - 0" 12' - 0" 10' - 8" 12' - 3"6' - 0"10' - 6" 13' - 10" Unit 9 Unit 10 Unit 11 Unit 12 Unit 13 Unit 14 N O RTH 0'4'8'16'32' 148' - 9" 3' - 8"80' - 4"43' - 5"15' - 0"6' - 4" 42' - 11" 9' - 1" 13' - 3" 3' - 8" 17' - 5" 50' - 1" 17' - 4" 147' - 8" 3' - 0"35' - 4"36' - 4" 4' - 0" 16' - 11" 43' - 5" 25' - 1" 17' - 6" 19' - 9" 22' - 11" 73' - 0" LICE N S E D ARC H I TE C TCOLINJ.RUS S E L L S T ATE OF CA L I F ORNIA C-28378 RENEWAL DATE 990 A Street, Suite K 415.671.8892 tel. 415.594.0857 fax San Rafael, CA 94901 Sheet No: Of Sheets Sheet Title Scale: : Project No.: Drawn By: Checked By: Issued Date: Material herein is for use by authorized contractors, bidders and subcontractors in connection with this project only. All dimensions an these drawings shall take precedence over scaled dimensions. Contractors shall be responsible to verify all dimensions and conditions on the job. Russell Architects must be notified of any variations from the dimensions and conditions shown by these drawings. Electronic files furnished by Russell Architects are strictly for reference only. Russell Architects shall be indemnified and held harmless for any and all modifications to such electronic files by others. Revisions 11-30-25 1/8" = 1'-0" Harbor Flats at Loch Lomond 223006 Author Checker PLANNING SUBMITTAL 4/17/25 Level 3 Floor Plan A203 25 Loch Lomond Drive San Rafael, CA 1/8" = 1'-0" 1 Level 3 No.Description Date SL O P E 1 / 4 " / F T . SL O P E 1 / 4 " / F T . SL O P E 1 / 4 " / F T . STANDING SEAM METAL ROOF, TYP. LINE OF BUILDING FOOTPRINT SLOPE 1/4"/FT. SLOPE 1/4"/FT. SLOPE 1/4"/FT. DOWNSPOUT, TYP. INTERIOR ROOF DRAIN, TYP. GUTTER ROOF CRICKET GUTTER SLOPE 2% SLOPE 2% SLOPE 2% SLOPE 2% CONTINUOUS GSM GUTTER SL O P E 1 / 4 " / F T . SL O P E 1 / 4 " / F T . LICE N S E D ARC H I TE C TCOLINJ.RUS S E L L S T ATE OF CA L I F ORNIA C-28378 RENEWAL DATE 990 A Street, Suite K 415.671.8892 tel. 415.594.0857 fax San Rafael, CA 94901 Sheet No: Of Sheets Sheet Title Scale: : Project No.: Drawn By: Checked By: Issued Date: Material herein is for use by authorized contractors, bidders and subcontractors in connection with this project only. All dimensions an these drawings shall take precedence over scaled dimensions. Contractors shall be responsible to verify all dimensions and conditions on the job. Russell Architects must be notified of any variations from the dimensions and conditions shown by these drawings. Electronic files furnished by Russell Architects are strictly for reference only. Russell Architects shall be indemnified and held harmless for any and all modifications to such electronic files by others. Revisions 11-30-25 1/8" = 1'-0" Harbor Flats at Loch Lomond 223006 Author Checker PLANNING SUBMITTAL 4/17/25 Roof Plan A204 25 Loch Lomond Drive San Rafael, CA No.Description Date 1/8" = 1'-0" 1 Roof LICE N S E D ARC H I TE C TCOLINJ.RUS S E L L S T ATE OF CA L I F ORNIA C-28378 RENEWAL DATE 990 A Street, Suite K 415.671.8892 tel. 415.594.0857 fax San Rafael, CA 94901 Sheet No: Of Sheets Sheet Title Scale: : Project No.: Drawn By: Checked By: Issued Date: Material herein is for use by authorized contractors, bidders and subcontractors in connection with this project only. All dimensions an these drawings shall take precedence over scaled dimensions. Contractors shall be responsible to verify all dimensions and conditions on the job. Russell Architects must be notified of any variations from the dimensions and conditions shown by these drawings. Electronic files furnished by Russell Architects are strictly for reference only. Russell Architects shall be indemnified and held harmless for any and all modifications to such electronic files by others. Revisions NOV 30 2015 12" = 1'-0" Harbor Flats at Loch Lomond 223006 Author Checker PLANNING SUBMITTAL 4/17/25 Elevator Mfr. Details A211 12" = 1'-0" 1 Elevator Details NOTE: THIS DRAWING IS FOR REFERENCE ONLY. VERIFY ALL DIMENSIONS AND REQUIREMENTS WITH ELEVATOR MANUFACTURER PRIOR TO CONSTRUCTION. No.Description Date Level 1 0' -0" Level 1 0' -0" Roof 31' -6" Roof 31' -6" Level 2 11' -0" Level 2 11' -0" Level 3 21' -3" Level 3 21' -3" Roof Ridge Max. 35' -0" Roof Ridge Max. 35' -0" PROJECT ADDRESS SIGN -STAINLESS STEEL STAND-OFF LETTERS WALL MOUNTED LED LOW GLARE LIGHT, TYP. WOOD SLAT PRIVACY FENCE OPEN SLAT WOOD FENCE 3' - 4" 6' - 0" ALUMINUM GLAZING SYSTEM, WHITE POWDER COAT FINISH Level 1 0' -0" Roof 31' -6" Level 2 11' -0" Level 3 21' -3" Roof Ridge Max. 35' -0" LICE N S E D ARC H I TE C TCOLINJ.RUS S E L L S T ATE OF CA L I F ORNIA C-28378 RENEWAL DATE 990 A Street, Suite K 415.671.8892 tel. 415.594.0857 fax San Rafael, CA 94901 Sheet No: Of Sheets Sheet Title Scale: : Project No.: Drawn By: Checked By: Issued Date: Material herein is for use by authorized contractors, bidders and subcontractors in connection with this project only. All dimensions an these drawings shall take precedence over scaled dimensions. Contractors shall be responsible to verify all dimensions and conditions on the job. Russell Architects must be notified of any variations from the dimensions and conditions shown by these drawings. Electronic files furnished by Russell Architects are strictly for reference only. Russell Architects shall be indemnified and held harmless for any and all modifications to such electronic files by others. Revisions 11-30-25 1/8" = 1'-0" Harbor Flats at Loch Lomond 223006 Author Checker PLANNING SUBMITTAL 4/17/25 Exterior Elevations A501 25 Loch Lomond Drive San Rafael, CA 1/8" = 1'-0" 1 North 1/8" = 1'-0" 2 South SLIDING ENTRY GATE TRASH ENCLOSURE GLASS WINDSCREEN 2-HOUR WALL ASSEMBLY: BRICK VENEER OVER STUCCO OVER STRUCTURAL METAL STUDS WOOD BALCONY RAILING SYSTEM, TYP. BOARD AND BATTEN CEMENTITIOUS SIDING (HARDIE BOARD OR EQUAL) WOOD SOFFIT, TYPICAL No.Description Date Level 1 0' -0" Level 1 0' -0" Roof 31' -6" Roof 31' -6" Level 2 11' -0" Level 2 11' -0" Level 3 21' -3" Level 3 21' -3" 3' - 6" 10' - 3" 10' - 3" 11' - 0" Roof Ridge Max. 35' -0" PROJECT ADDRESS SIGN -STAINLESS STEEL LETTERSWALL MOUNTED LED LOW GLARE LIGHT, TYP. PERFORATED METAL VENT SCREEN, BLACK POWDER COAT, TYP. Level 1 0' -0" Level 1 0' -0" Roof 31' -6" Roof 31' -6" Level 2 11' -0" Level 2 11' -0" Level 3 21' -3" Level 3 21' -3" Roof Ridge Max. 35' -0" Roof Ridge Max. 35' -0" LICE N S E D ARC H I TE C TCOLINJ.RUS S E L L S T ATE OF CA L I F ORNIA C-28378 RENEWAL DATE 990 A Street, Suite K 415.671.8892 tel. 415.594.0857 fax San Rafael, CA 94901 Sheet No: Of Sheets Sheet Title Scale: : Project No.: Drawn By: Checked By: Issued Date: Material herein is for use by authorized contractors, bidders and subcontractors in connection with this project only. All dimensions an these drawings shall take precedence over scaled dimensions. Contractors shall be responsible to verify all dimensions and conditions on the job. Russell Architects must be notified of any variations from the dimensions and conditions shown by these drawings. Electronic files furnished by Russell Architects are strictly for reference only. Russell Architects shall be indemnified and held harmless for any and all modifications to such electronic files by others. Revisions 11-30-25 1/8" = 1'-0" Harbor Flats at Loch Lomond 223006 Author Checker PLANNING SUBMITTAL 4/17/25 Exterior Elevations A502 25 Loch Lomond Drive San Rafael, CA 1/8" = 1'-0" 1 East 1/8" = 1'-0" 2 West No.Description Date Level 1 0' -0" Level 1 0' -0" Roof 31' -6" Roof 31' -6" Level 2 11' -0" Level 2 11' -0" Level 3 21' -3" Level 3 21' -3" Roof Ridge Max. 35' -0" Roof Ridge Max. 35' -0" 35' - 0" Level 1 0' -0" Roof 31' -6" Level 2 11' -0" Level 3 21' -3" Roof Ridge Max. 35' -0" LICE N S E D ARC H I TE C TCOLINJ.RUS S E L L S T ATE OF CA L I F ORNIA C-28378 RENEWAL DATE 990 A Street, Suite K 415.671.8892 tel. 415.594.0857 fax San Rafael, CA 94901 Sheet No: Of Sheets Sheet Title Scale: : Project No.: Drawn By: Checked By: Issued Date: Material herein is for use by authorized contractors, bidders and subcontractors in connection with this project only. All dimensions an these drawings shall take precedence over scaled dimensions. Contractors shall be responsible to verify all dimensions and conditions on the job. Russell Architects must be notified of any variations from the dimensions and conditions shown by these drawings. Electronic files furnished by Russell Architects are strictly for reference only. Russell Architects shall be indemnified and held harmless for any and all modifications to such electronic files by others. Revisions 11-30-25 1/8" = 1'-0" Harbor Flats at Loch Lomond 223006 Author Checker PLANNING SUBMITTAL 4/17/25 Building Sections A601 25 Loch Lomond Drive San Rafael, CA No.Description Date 1/8" = 1'-0" 1 Section - Longitudinal 1/8" = 1'-0" 2 Section - Transverse MAIN BLG. POINT SAN PEDRO ROAD CO CO PA PA PA 3'-0" HT HORIZONTAL FENCE, S.A.D. 7'-0" HT HORIZONTAL FENCE, S.A.D. TRASH ENCLOSURE, S.A.D PA (E) SIDEWALK TO REMAIN (E)SIGN PR O P E R T Y L I N E PR O P E R T Y L I N E P R O P E R T Y L I N E CO PA PA L O C H L O M O N D D R (N)TREE, TRISTANIOPSIS LAURINA, WATER GUM; TOTAL (3) 3'-0" HT HORIZONTAL FENCE, S.A.D. (N)BACK FLOW PREVENTER BIO BIO (N)TREE, TRISTANIOPSIS LAURINA, WATER GUM; TOTAL (3) PA PA PA PA PA C1 (N)SEATING AREA (N)TREE, LYONOTHAMNUS FLORIBUNDUS, SANTA CATALINA ISLAND IRONWOOD; TOTAL (1) SCALE: 1/16" = 1'-0" 0 4'10'20' 30'40'60' L1.0 LANDSCAPE SITE PLAN Drawn by: MH Checked by: JM HA R B O R F L A T S AT L O C H L O M A N D SA N R A F A E L , C A 9 4 0 2 7 Landscape Architecture 232 Sir Francis Drake Blvd. San Anselmo, CA 94960 Phone: (415) 721-0905 Fax: (415) 721-0910 Web: studiogreen.com Email: info@studiogreen.com Date: Issue: SIGN HERE RENEWAL DATE DATE 5/29/26 4/14/25 SIGN HERE RENEWAL DATE DATE PROGRESS SET NOT FOR CONSTRUCTION 4/16/2025 PLANNING MATERIALS SCHEDULE C0 CONCRETE PLANTING AREAPA BIO PLANTING AREABIO SHRUB PLANTING BIORETENTION PLANTING DIETES BIOCOLOR LIMONIUM PEREZII MULENBERGIA DUBIA CEANOTHUS YANKEE POINT RHAMNUS CALIFORNICA CHONDROPETALUM TECTORUMLANDSCAPE SITE PLAN1 TREES TRISTANIOPSOS LAURINA LYONOTHAMUNUS FLORIBUNDUS WATER GUM SANTA CATALINA ISLAND IRONWOOD FORTNIGHT LILY SEA LAVENDER PINE MULY YANKEE POINT CEANOTHUS COFFEEBERRY CAPE RUSH C1 GRANITE CRETE, COLOR TBD Page 1 of 6 25 Loch Lomond Drive, San Rafael, CA 94901 APN 016-070-14 Project Narrative Harbor Flats at Loch Lomond (“the Project”) is a proposed new residential development to be located at 25 Loch Lomond Drive in San Rafael, CA (“the Property”). The Property is approximately .54 acres in size. The Project proposes fourteen (14) new residential units, 1 unit is proposed to be offered at the low-income affordability level. The Project reaches a maximum height of 35’, with ground-level parking and two stories of residential units. Amenities for the residents include decks/patios and an open-air common area with a pavilion on the second floor. Andy’s Market and a children’s playground are located in close proximity. The Project is a qualified housing development governed by: • SB 330 (The Housing Crisis Act); • State Density Bonus Law (Cal. Government Code § 65915; and • Housing Accountability Act (Cal. Government Code § 65589.5. I. General Plan and Zoning The zoning for the Property is established by PD 1860, which governs the Loch Lomond Village project. Per the PD, the Property is already authorized for a mixed-use project with 5 residential units. However, the Property is designated as Neighborhood Commercial Mixed-Use (NC) in San Rafael’s General Plan 2040, which has a higher density range of 8.7 – 24.2 units per net acre. Accordingly, there is a discrepancy between the density allowed by PD 1860 and that allowed by the Property’s general plan land use designation. The Project is a “housing development” as defined by Cal. Government Code § 65915(i) and , because the Project will provide 10% of its units as Below Market Rate units, it qualifies as a State Density Bonus project pursuant to Cal. Government Code § 65915 (“SDBL”). Government Code § 65915(o)(6) defines “maximum allowable residential density” or “base density” in relevant part as: “the greatest number of units allowed under the zoning ordinance, specific plan, or land use element of the general plan, or, if a range of density is permitted, means the greatest number of units allowed by the specific zoning range, specific plan, or land use element of the general plan applicable to the project.” (Emphasis added.) Page 2 of 6 Therefore, pursuant to the above definition, the maximum allowable residential density is the greatest number of units allowed per the governing land use controls, including if there is a range of density set forth in the land use element in General Plan. Therefore, the density for the Property is 24.2 units per acre and the allowable base density for the Project is 13 units. There is no need to amend the Property’s PD to allow for the greater density of the General Plan because the greater density is allowed by the SDBL. Furthermore, as will be discussed below, there is no need to amend the Property’s PD to allow a 100% residential project because that use requirement can be waived via a concession. II. State Density Bonus Law As a SDBL project that will provide 10% of its units at the Low-Income level, the Project is eligible for a 20% density bonus of two units, however, the Project is designed to only utilize one density bonus unit, for a total of 14 units. The Project has been designed to meet the development standards of PD-1860, however, the Project is entitled to one incentive or concession and unlimited waivers of development standards that would preclude its development at the permitted density. Government Code § 65915(o)(2) defines “Development standard” as: “a site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite open-space requirement, a minimum lot area per unit requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter, or other local condition, law, policy, resolution, or regulation that is adopted by the local government or that is enacted by the local government’s electorate exercising its local initiative or referendum power, whether that power is derived from the California Constitution, statute, or the charter or ordinances of the local government.” California case law has established that waivers must be granted for development projects as designed if the project satisfies the criteria of the SDBL. (See Wollmer v. City of Berkeley (2011) 193 Cal. App. 4th 1329; Bankers Hill 150 v. City of San Diego (2022) 74 Cal. App. 5th 755). The SDBL establishes that granting appropriate development standard waivers is mandatory, “In no case may a city, county, or city and county apply any development standard that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision (b) at the densities or with the concessions or incentives permitted by this section.” (Cal. Gov’t Code §65915(e)(1).) Additionally, the local agency can only deny a waiver if the waiver or reduction shall have a specific adverse impact upon health or safety and for which there is no feasible method to satisfactorily mitigate or avoid the impact; would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or the waiver or reduction would be contrary to state or federal law. (Id.) Page 3 of 6 The Project is requesting one incentive/concession (hereinafter referred to collectively as “concession”) under Government Code Section 65915(d) to waive the mixed-use requirement and provide residential units only. A concession is defined at Section 65915(k) as: • A reduction in site development standards or a modification of zoning code or architectural design requirements, such as a reduction in setback or minimum square footage requirements; or • Approval of mixed-use zoning; or • Other regulatory incentives or concessions which actually result in identifiable and actual cost reductions. Any requested concession must be approved by the local agency unless it makes a written finding, based upon substantial evidence, that: A. The concession or incentive does not result in “identifiable and actual cost reductions” to provide for affordable housing; B. The concession or incentive would have a specific, adverse impact on public health, safety or on any property listed in the California Register of Historical Resources; and C. The concession or incentive would be contrary to state or federal law. (Cal. Gov’t Code §65915(d)(1)(A)-(C).) An applicant seeking a concession pursuant to the SDBL “is not required to establish that cost reductions will result. Instead, ‘[t]he city . . . shall bear the burden of proof for the denial of a requested concession or incentive.’ (Cal. Government Code § 65915(d)(4).” (Schreiber v. City of Los Angeles (2021) 69 Cal.App.5th 549, 555). Demand and rents for commercial space are objectively near all-time lows. Furthermore, the requested reduction in square footage requirements is specifically identified as an example of a concession in the statute. Finally, the findings necessary for denial of the requested concession cannot be made. In sum, an amendment to the PD is not necessary for the Project because both the increased density and the concession concerning the requirement to provide commercial space are allowed pursuant to the State Density Bonus Law. III. Affordable Housing The Project will provide 10% of its units at the Low-Income Affordability level. This complies with San Rafael’s Affordable Housing requirement set forth in Resolution 14890. For projects that provide 2 – 15 units only, the project only needs to comply with the primary requirement of providing 10% of the units at BMR levels. This results in a requirement for 1.3 BMR units. If the number of units required results in a fraction below .5, the developer can pay the pro-rated in lieu fee. Accordingly, the Project will provide 1 BMR unit and pay the pro-rated fee. Page 4 of 6 IV. SB 330 The Project applicant submitted a complete Preliminary Application pursuant to SB 330 on September 10, 2024. The primary effect of submitting the Preliminary Application is that the Project is only subject to San Rafael’s ordinances, policies, standards, and fees in place as of that date. SB 330 also prevents jurisdictions from conducting more than 5 public hearings in connection with the approval of a housing development project that is in compliance with the applicable objective general plan and zoning standards in effect at the time an application is deemed complete. The five hearings1, which do not include hearings related to CEQA law, are counted from the deemed- complete date of the development application. V. Housing Accountability Act The Housing Accountability Act significantly restricts a local agency’s ability to deny housing projects that are consistent with objective standards. Furthermore, “the receipt of a density bonus, incentive, concession, waiver, or reduction of development standards,” pursuant to the State Density Bonus Law, “shall not constitute a valid basis on which to find a proposed housing development project is inconsistent, not in compliance, or not in conformity, with an applicable plan, program, policy, ordinance, standard, requirement.” A proposed housing development project is not inconsistent with the applicable zoning standards and criteria and shall not require a rezoning (or amendment) if the housing development project is consistent with the objective general plan standards and criteria, but the zoning for the project site is inconsistent with the general plan. Once it is established that a project complies with applicable objective standards, a city’s discretion to disapprove or reduce the density of the project is very limited. Government Code section 65589.5(j)(1) establishes that a development project that complies with objective standards can 1 “Hearing” includes any public hearing, workshop, or similar meeting, including any appeal, conducted by the city or county with respect to the housing development project, including any meeting relating to Section 65915, whether by the legislative body of the city or county, the planning agency established pursuant to Section 65100, or any other agency, department, board, commission, or any other designated hearing officer or body of the city or county, or any committee or subcommittee thereof. “Hearing” d oes not include a hearing to review a legislative approval, including any appeal, required for a proposed housing development project, including, but not limited to, a general plan amendment, a specific plan adoption or amendment, or a zoning amendment, or any hearing arising from a timely appeal of the approval or disapproval of a legislative approval. (Cal. Gov’t Code 65905.5(b)(2). Page 5 of 6 only be disapproved, or approved at a lower density, based upon written findings supported by a preponderance of the evidence on the record that both of the below conditions exist: “(A) The housing development project would have a specific adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. (B) There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified . . . other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density.” Pursuant to section 65589.5(a)(3), it is the intent of the Legislature that the conditions that would have a specific, adverse impact “arise infrequently.” Accordingly, other than determining noncompliance with applicable objective standards, this is the only manner in which the Project could be denied or reduced by the local agency. VI. Entitlements Requested The Project will seek a Major Environmental and Design Review permit, which findings are set forth at 14.25.090. A. That the project design is in accord with the general plan, the objectives of the zoning ordinance and the purposes of this chapter; B. That the project design is consistent with all applicable site, architecture and landscaping design criteria and guidelines for the district in which the site is located; C. That the project design minimizes adverse environmental impacts; and D. That the project design will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity. The Project’s design complies with many key plans and policies of the San Rafael General Plan 2040 as provided below: 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. Page 6 of 6 Policy CDP-4.5: Higher Density Design Encourage high-quality architecture and landscape design in new higher-density housing and mixed use projects. Such projects should be designed to be compatible with nearby buildings and respect the character-defining features of the surrounding neighborhood or district. Policy CDP- 4.6: Open Space in Multi-Family Housing Require private outdoor areas such as decks and patios, as well as common space areas, in new multi-family development and mixed use housing. Common open space may include recreation facilities, gathering places, and site amenities such as picnic and play areas. 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. Policy H-4.14: Commercial to Residential Conversion Encourage the adaptive reuse of older commercial buildings, including office and retail buildings, for housing.