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HomeMy WebLinkAboutCD 190 Mill Street - Homeward Bound of Marin Emergency Shelter and Supportive Housing____________________________________________________________________________________ FOR CITY CLERK ONLY Council Meeting: April 6, 2020 Disposition: Resolutions 14784-14787 and Ordinance 1983 passed to print Agenda Item No: 5.a Meeting Date: April 6, 2020 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: COMMUNITY DEVELOPMENT Prepared by: Paul Jensen (JA) Community Development Director City Manager Approval: ______________ TOPIC: 190 MILL STREET – HOMEWARD BOUND OF MARIN EMERGENCY SHELTER AND SUPPORTIVE HOUSING SUBJECT: ENVIRONMENTAL REVIEW, LEGISLATIVE ACTIONS AND PROJECT APPROVALS TO ALLOW THE DEMOLITION OF EXISTING EMERGENCY SHELTER BUILDING AND THE CONSTRUCTION OF A NEW FOUR-STORY BUILDING WITH NEW EMERGENCY SHELTER AND 32 AFFORDABLE, SUPPORTIVE HOUSING UNITS ON PROPERTY LOCATED AT 190 MILL STREET (APN: 014-192-12). RECOMMENDATION: It is recommended that the City council take the following actions in order: i. Adopt a Resolution adopting an Initial Study/Mitigated Negative Declaration and approving a Mitigation Monitoring And Reporting Program; ii. Adopt a Resolution approving a General Plan Map Amendment (GPA19-01) to change the existing light industrial/office (LI/O) land use designation of the site to high-density residential (HDR) land use designation; iii. Introduce and pass to print an Ordinance approving a Zoning Map Amendment (ZC19-001), to modify the existing Canal Core Industrial/Office (CCI/O) zoning classification of the site at 190 Mill Street to High-Density Residential zoning classification (HR1); iv. Adopt a Resolution approving Use Permit (UP19-014) for a new emergency shelter to replace existing shelter to be demolished; and consideration of concessions to exceed 60% maximum lot coverage and 36-foot maximum building height for HR1 district; and v. Adopt a Resolution approving fee waiver (P20-001) for planning application fees associated with the project. EXECUTIVE SUMMARY: The project is a request from Homeward Bound for amendments to the San Rafael General Plan 2020 Exhibit 12 - Land Use Map and the Zoning Map; a Use Permit amendment for a 60-bed emergency shelter that would replace their emergency shelter currently located at 190 Mill Street which has operated at the site since 1986, with a request for concessions permitted under State density bonus law to allow project to exceed coverage and height standards; and a request for fee waiver for all planning and SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 building permit fees pursuant to City Council Resolution 11025. The requested amendments would also facilitate the development of 32 new supportive housing units that would provide housing in the extremely low-income category. The State has recently adopted legislation intended to accelerate housing production and in some cases obligates municipalities to establish streamlined “by right” processes for review of qualifying affordable housing projects. The by-right process would allow certain affordable housing projects to be evaluated using previously adopted objective standards. The intent is to streamline the review of such projects, which will significantly reduce soft costs and the processing time for developers/applicants. The City has begun exploring the creation and adoption of “By-Right” Objective Standards; however, none exist at this time. In the meantime, the City has received an application from Homeward Bound of Marin for the entitlements described above, and this project can serve as a pilot for the “by-right” zoning process mandated by the State. The project was considered by the Planning Commission on February 25, 2020. The staff report and video streaming from the February 25, 2020 Planning Commission hearing may be viewed here by clicking the “control” key while left clicking each link. The Planning Commission expressed support for the project and recommended approval of the requested entitlements including the request for concessions. The requested amendments and use permit are consistent with General Plan policies and Zoning Ordinance development standards with the exception of the requested concessions. Lastly, time is of the essence on this project. Homeward Bound is a non-profit organization that relies on State and Federal funding, as well as other sources to finance project design, permitting and construction. There are several very critical grant and funding program deadlines that are approaching, which require confirmation of local jurisdiction approval. If the deadlines for filing cannot be met by Homeward Bound, the project would be delayed until the next cycle of available funding, which may not be until 2021. By holding a public hearing and considering action on this date (April 6), Homeward Bound will be able to meet these deadlines. BACKGROUND: Recent Legislation Supporting the Production of Affordable Housing In 2017, the State adopted a number of State Bills related to housing and housing production, some of which obligate municipalities to establish streamlined “by right” processes for review of qualifying affordable housing projects. Two relevant bills establishing this legislation include Assembly Bill 2162 (AB 2162), adopted in 2018 and Senate Bill 2 (SB 2). Details of these bills are provided in the Planning Commission Staff Report dated February 25, 2020. In summary, AB 2162 broadens the requirements of Government Code Section 65583, requiring that supportive housing projects must be considered through a ministerial “by right” process without discretionary review. The process is intended to remove the discretionary review process and the requirement for CEQA review. Another important element of Section 65583 is that it requires local agencies to establish zones where emergency shelters are allowed as a permitted use, and to identify zones where emergency shelters can be permitted through a use permit. However, the use permit process may only apply previously adopted objective performance standards. The City has adopted such standards under San Rafael Municipal Code (SRMC) Section 14.16.115, which would be applied to this project. SB 2 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 On March 28, 2019, California Housing and Community Development Department (HCD) launched the SB 2 Planning Grants Program (PGP) to provide local municipalities with financial assistance for updating planning documents that streamline the review process and accelerate housing production. On October 30th, 2019, the City was awarded $310,000 in grant funding to fund four planning projects, including a supportive housing pilot project at 190 Mill Street and the creation of objective standards to be used to evaluate certain types of projects through a streamlined process. The 190 Mill street project will serve as a pilot project for a by-right process for supportive housing projects. The City is continuing to work with a consultant on developing a list of objective standards that could be used to evaluate all projects that qualify for by-right ministerial review. As part of the development of objective standards, the City will also explore developing an overlay zone within certain areas that have a high-density residential classification, with the intent of creating a streamlined review for such projects which will significantly reduce soft costs and the process timing for developers/applicants. Mill Street Center – 190 Mill Street Homeward Bound has operated the emergency shelter for homeless adults at 190 Mill Street since 1986 and currently has between 40-55 beds available on a nightly basis. Mill Street Center is Marin County’s only year-round emergency shelter. In April 2019, Homeward Bound submitted applications for the proposed project which would include expansion of the emergency shelter, and with approval of the requested entitlements, would allow development of the site with permanent supportive housing. Please see the project description section of this report for more details for the proposed project. Project Description: The project consists of amendments to the San Rafael General Plan 2020 Exhibit 12 - Land Use Map and the Zoning Map, and a Use Permit that would allow the development of a new building that would contain 32 permanent supportive housing units and a 60-bed emergency shelter that would replace the existing emergency shelter that has operated at the site since 1986. The project requires adoption/approval of the following: General Plan Amendment to modify the existing Light Industrial/Office (LI/O) land use designation of the site and extend the high-density residential (HDR) land use designation to the north and east such that it would encompass the 190 Mill Street property. Zoning Map Amendment to modify the existing Canal Core Industrial/Office (CCI/O) zoning classification of the site and extend the existing high-density residential zoning (HR1) of the adjacent site such that it would encompass the 190 Mill Street property. A Use Permit to allow expansion of the existing emergency shelter, which would increase the number of beds to 60. The shelter would serve both men and women in separate dormitory-style rooms, and meals would be served nightly by volunteers from a network of churches and community groups. For more details about the emergency shelter expansion please refer to Planning Commission Staff Report dated February 25, 2020. Request for concessions permitted under State density bonus law to allow a 66% lot coverage where a maximum of 60% is the standard and to allow a 48-foot building height where a 36-foot building height is the standard. Request for fee waivers. The applicant has requested waiver of Planning and Building Permit Fees, as is allowed by City Council Resolution 11025 which was adopted in 2001 and amended in 2002. Fee waivers of more than $2,000.00 for affordable housing projects must be approved by the City Council. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4 By-Right Development If the requested amendments described above are approved, the applicant would seek a “by-right” approval of the 32-unit supportive housing and emergency shelter building. The supportive housing units would be intended to support chronically homeless individuals identified and placed into housing through the County’s Coordinated Entry system, which utilizes a ‘Housing First” model that targets people with the longest periods of homelessness and focuses on moving them into housing as quickly as possible to improve their quality of life, decrease healthcare costs, and reduce the number of people on the streets. Residents will be further prioritized using criteria that take into account extreme medical need and frequent use of emergency services. For more information about the by-right development please refer to Planning Commission Staff Report dated February 25, 2020. ANALYSIS: A complete analysis of the project’s consistency with the applicable plans, regulations and policies can be found in the February 25, 2020 Staff Report to the Planning Commission. San Rafael General Plan 2020 Consistency: The project has been reviewed for consistency with the San Rafael General Plan 2020. A complete analysis of the applicable goals and policies of all elements of the General Plan was provided as Exhibit 3 (General Plan Consistency Table) to the February 25, 2020 staff report to the Planning Commission. The amendments would further the General Plan goals of providing much needed housing, particularly for special needs individuals. Staff has evaluated the project and found it to be consistent with the applicable San Rafael General Plan 2020 Policies and Programs. Zoning Ordinance Consistency: The project has been reviewed for consistency with SRMC Title 14, the San Rafael Zoning Ordinance. A complete analysis of the pertinent regulations (requirements, standards and criteria) was provided in the February 25, 2020 report to the Planning Commission. The project would need to be evaluated through a ministerial review process using adopted objective standards. The City has not adopted objective design standards; however, with exception of the requested building height and lot coverage concessions the objective development standards that apply to multi-family residential projects will be applied to the project. The applicant has demonstrated project compliance with the relevant objective development standards as shown on proposed project plans. Request for Concessions: State planning and zoning law allows a developer to seek a density bonus from a local jurisdiction, including any concessions, incentives, or waivers of development standards. (Government Code Section 65655(a)). In addition, AB 2162 makes clear that supportive housing projects that qualify as a “use by- right” may request concessions without triggering a discretionary process. The applicant is requesting two concessions, as outlined below: Building Height The height limit for the HR1 District is 36 feet. The maximum height of the proposed building is 45.75 feet measured to the top of the flat roof. The applicant is requesting an increase in maximum building height to up to 48 feet as a concession for providing a 100% affordable housing project. The height “bonus” would allow all habitable space to be located above the base flood elevation (BFE) of 10 feet (datum NAVD88) established by FEMA. The first level below the 10-foot BFE would be limited to parking, access, SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5 storage, trash and recycling. The emergency shelter would be located on Level 2, and two floors of single room occupancy (SRO) supportive housing units would be located on levels 3 and 4. Lot Coverage The lot coverage limit for the HR1 District is 60%, which translates to 8,100 square feet for the 13,500 square-foot parcel. The applicant is requesting a concession to exceed the lot coverage limit that would allow for a 66% lot coverage (8,893 square feet). This concession is forced by the dimensions and overall width of the parking structure and the required width of the proposed stair enclosures. The Planning Commission recommended approval of the requested concessions to allow increased building height and lot coverage because it is consistent with General Plan Policies, including those that allow concessions for developments that provide affordable housing, and it is consistent with State law regarding density bonuses and supportive housing. In addition, based on Staff’s review of the applicant’s pro forma for the project, the concessions are justified, especially when considering the costs associated with FEMA requirements to elevate habitable space above BFE and the need for using waterproof construction materials. Use Permit for Emergency Shelter: The project site is currently zoned Core Canal Industrial/Office District (CCI/O), where permanent emergency shelters are permitted subject to approval of a Use Permit and subject to the development and performance standards contained in Section 14.16.115 of the Municipal Code. These performance standards are consistent with the objective standards found in AB 2162. As discussed earlier in this report, a Use Permit was originally approved for the existing emergency shelter in 1986, and it was amended in 1993 to allow for a modest expansion, increased day services, and an increase in the maximum number beds. Permanent emergency shelters are also permitted in the proposed HR1 District subject to approval of a Use Permit, and subject to the objective performance standards contained in Section 14.16.115. The applicant has demonstrated compliance with the above objective performance standards as shown on proposed project plans and as conditioned. Fee Waiver The applicant has submitted a request for a fee waiver of all building and planning application fees pursuant to City Council Resolution 11025. The requested fee waivers would significantly reduce soft costs for the applicant. A more detailed discussion is provided in the Fiscal Impact Section. The project is a 100% affordable housing project. As such this project is not subject to traffic impact fees nor housing in lieu fees. Planning Commission Review On December 10, 2019, the Planning Commission held a Study Session to consider the project at 190 Mill Street along with other possible City-Initiated legislative changes that might apply to other affordable housing projects within certain high-density properties. The Planning Commission expressed support for the 190 Mill Street project but suggested that the legislative changes being contemplated needed additional evaluation. The Planning Commission recommended that City-Initiated projects be tabled until a list of objective development standards is ready for consideration. The 190 Mill Street project was formally reviewed by the Planning Commission on February 25, 2020. The staff report and video streaming from the February 25, 2020 Planning Commission hearing may be viewed here by clicking the “control” key while left clicking each link. Following a public hearing, the Commission adopted four resolutions recommending approval of the project to the City Council. In SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 6 response to public comments, the Planning Commission directed planning staff to consult with the Department of Public Works regarding opportunities for right-of-way improvements to enhance pedestrian safety in the vicinity of the project, especially with regard to sidewalks and lighting. The Commission recommended that the information be forwarded to the City Council for consideration during review of the project. As recommended by the Planning Commission, planning staff met with the Department of Public Works (DPW) staff to discuss the extent of off-site improvements that may be required for this project, as well as any improvements planned in the project vicinity that address pedestrian safety. The following is a summary of the key points of that discussion for the Council’s consideration: Department of Public Works Input on Frontage Improvements for Pedestrian Safety: • All properties adjacent to streets are required to maintain the sidewalk under Section 11.60 of the San Rafael Municipal Code. In-fill projects must provide frontage improvements (including sidewalk, curb and gutter and repaving of roadway width (to centerline) as required under Chapter 11.34 of the Municipal Code. These improvements will be required as part of the building permit submittal. • The City will review the conditions of the frontage at the time of permit issuance, as the physical condition or standards could change. Based on a preliminary review of the 190 Mill Street frontage, it appears that the curb ramp and driveway apron will need to be replaced to meet ADA requirements. • When repaving is required, any affected crosswalks need to comply with current standards. Other Pedestrian Improvements: In addition, there are two pedestrian and bicycle improvements that are or will be under way as part of the Francisco Boulevard East Sidewalk Widening Project, which is expected to be completed in Spring 2021; and the Canal Crosswalk Project, which is anticipated to start construction during 2020/2021. California Environmental Quality Act (CEQA): The proposed supportive housing component of the project requires amendments to General Plan 2020 as well as an amendment to the Zoning Map to provide for a high-density residential land use designation. General Plan and Rezoning actions are not categorically exempt from the California Environmental Quality Act (CEQA). An Initial Study (IS) was completed for the project, which resulted in preparation of a Mitigated Negative Declaration (MND). The Initial Study/Mitigated Negative Declaration (IS/MND) was circulated for a 20-day public review period that began on January 2, 2020 and concluded on January 22, 2020. The IS/MND was distributed to the Planning Commission and City Council under a separate cover at the start of the review period and a copy of the document can be found here. The IS/MND concluded that the proposed project would result in potentially significant impacts in Cultural Resources, Geology and Soils, and Tribal Resources. The IS/MND, along with copies of all studies used in preparing the Initial Study, are provided on the project webpage at www.cityofsanrafael.org/190mill. The project impacts would be mitigated to a less-than-significant level through implementation of recommended mitigation measures or through compliance with existing Municipal Code requirements or City standards. Recommended measures are summarized in the Mitigation Monitoring and Reporting Plan (MMRP) (Attachment 1). To date, the City has received one comment on the IS/MND, from Marin Environmental Housing Collaborative stating that based on their review of the IS/MND, there is little cause for concern because the proposal is an in-fill project, and it appears that any potential significant impacts to Cultural Resources, Geology and Soils, and Tribal Cultural Resources can be mitigated. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 7 The resolution adopting the Mitigated Negative Declaration and approving the Mitigation Monitoring and Reporting Program is attached as Attachment 1. COMMUNITY OUTREACH: Notice of public hearings on the project for the Design Review Board and Planning Commission (15-day review), the Initial Study/Mitigated Negative Declaration (CEQA) public comment period/Planning Commission hearing (20-day review), and the City Council hearing (15-day review) were conducted in accordance with the public review period and noticing requirements contained in Chapter 29 of the Zoning Ordinance. All notices of public meeting or hearing on the project were mailed to all property owners and occupants within a 400-foot radius of the site and the representing neighborhood groups (Canal Neighborhood) at least 15-30 days prior to each meeting or hearing. In addition, notice of each meeting/hearing was posted at two locations on the site (one facing Mill Street and one facing Harbor Street) at least 15-30 days prior to each meeting or hearing. Notices were also sent to neighboring jurisdictions, utilities, and service agencies in accordance with the Planning Division’s Procedures Manual for General Plan Amendments. In addition, an offer of Tribal Consultation was made to the local Tribe (Federation Indians of Graton Rancheria); however, the City did not receive a response from the local Tribe requesting consultation. All public comments received to date are included as Exhibit 7. Comments received subsequent to distribution of this staff report will be forwarded to the City Council by separate cover. Based on the written and verbal comments submitted to date, the public is generally supportive of the proposed project. Comments in opposition focused mostly on the supportive housing component of the project and the potential increase in parking demand and traffic congestion, and general pedestrian safety in the Canal neighborhood; and concerns about potential privacy impacts on the adjacent apartments at 575 Canal Street were also raised. FISCAL IMPACT: The costs associated with processing the planning applications of this type are borne by the applicant and are subject to 100% cost recovery of staff time. An initial deposit amount of $30,473.00 was submitted by the applicant. However, the applicant is requesting a fee waiver of both the Planning Application Fee and the Building Permit Fees. An analysis of the fiscal impact of approving the fee waiver is described below: Planning Application fees Planning application fees are based on an estimate of time needed to process the planning application. Fees collected are billed to on a fully-burdened hourly rate. The proposed project required payment of $30,473.00 in deposit-based fees as follows: Application Type Fee* General Plan Amendment $ 8,646.00 Zoning Amendment $ 7,176.00 Use Permit $ 4,305.00 Environmental Review $10,346.00 Total Fees $30,473.00 *Fee is deposit based billed at an hourly rate Due to an influx in planning application submittals, the City retained the help of an outside planning consultant to assist with processing this application. The total amount of the contract set aside $55,545.00 which included contingency fees. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 8 As mentioned earlier in the report, this project serves as a supportive housing, by-right pilot project, for which the City received funding in fall of 2019 from the SB2 Planning Grants Program (PGP). This grant set aside $75,000 to adapt the required planning documents for this project to create objective standards used to evaluate certain types of projects through a streamlined process. Due to the increased public benefit by adapting these planning documents, the state grant funding is intended to offset the fiscal impact of a planning fee waiver for this project. Due to this offset, staff recommends approval of the planning fee waiver. If a fee waiver is granted, the applicant will be refunded the full amount of fees paid. Building Permit Fees The fee waiver request for building permit fees is not a part of the City Council recommended action in this staff report. Staff will evaluate the fee waiver for building permit fees at a later date for two reasons: 1. Building permit fees are based on valuation of the project and cannot be calculated until a building permit is submitted. 2. The applicant has indicated that they will be making a funding request from the City’s Affordable Housing Trust Fund to provide gap funding for their project. Staff is actively working with the applicant to identify State and Federal funding opportunities, which, if successfully awarded, would change the gap funding request from the applicant. The project is exempt from traffic mitigation fees because 100% of the residential units are affordable to low income residents. The property owner will be responsible for the cost of all utility connections (sewer, water, gas/electric), and all public improvements along the property frontage. OPTIONS: The City Council has the following options: 1. Approve the applications and fee waiver request as presented (staff recommendation) 2. Approve the applications with certain modifications, changes or additional conditions of approval. 3. Continue the applications to allow the applicant to address any of the Council’s comments or concerns 4. Deny the project and direct staff to return with a revised Resolutions. RECOMMENDED ACTION: Staff recommends that the City Council: 1. Adopt the Resolution (Attachment 1) Adopting the Initial Study/Mitigated Negative Declaration and Approving the Mitigation Monitoring and Reporting Program (MMRP); 2. Adopt the Resolution (Attachment 2) Adopting the general plan map amendment (GPA19-001) to change the existing light industrial/office (LI/O) land use designation of the site to high- density residential (HDR) land use designation; 3. Introduce and pass to print the Ordinance (Attachment 3) for Zoning Map Amendment; 4. Adopt the Resolution (Attachment 4) approving the Use Permit for a new emergency shelter to replace the existing shelter to be demolished; and consideration of concessions to exceed 60% maximum lot coverage and 36-foot maximum building height for HR1 District; and 5. Adopt the attached Resolution (Attachment 5) approving Fee Waiver for Planning Application Fees associated with the project. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 9 ATTACHMENTS: 1. Resolution Adopting a Mitigated Negative Declaration and Approving the Mitigation Monitoring and Reporting Program 2. Resolution Adopting a General Plan Amendment 3. Ordinance for Zoning Map Amendment 4. Resolution Conditionally Approving the Use Permit and Concessions for the Project 5. Resolution Approving Fee Waiver Request 6. Fee Waiver Request from Homeward Bound of Marin 7. Public comments 8. Public Hearing Notice 1 RESOLUTION NO. 14784 RESOLUTION OF THE CITY OF SAN RAFAEL CITY COUNCIL ADOPTING AN INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION AND APPROVING THE MITIGATION MONITORING AND REPORTING PROGRAM FOR A GENERAL PLAN AMENDMENT (GP19-001) AND ZONING AMENDMENT (ZC19-001) ON A 13,500 SQUARE-FOOT PARCEL LOCATED AT 190 MILL STREET (HOMEWARD BOUND OF MARIN SUPPORTIVE HOUSING AND EMERGENCY SHELTER) (APN: 014-192-12) WHEREAS, on April 26, 2019, Paul Fordham, on behalf of the property owner Homeward Bound of Marin, submitted applications for a General Plan Amendment (GPA19- 001) to change the existing LI/O land Use designation to High-Density Residential (HDR) Land Use Designation, Zoning Map Amendment (ZO19-001) to change the existing Canal Core Industrial/Office (CCI/O) zoning classification to the high-density residential zoning (HR1) zoning classification, and Use Permit (UP19-014) for a new emergency shelter to replace the existing shelter; and WHEREAS, on December 10, 2019, the Planning Commission held a duly noticed Study Session on the proposed project, accepting all oral and written public comments and the written report of the Department of Community Development; and WHEREAS, as required by the California Environmental Quality Act (CEQA) Guidelines, staff determined that the request for amendments to the General Plan and Zoning maps is defined as a ‘project,’ making it subject to environmental review. Pursuant to CEQA Guidelines Section 15063, an Initial Study was prepared to determine the potential environmental impacts of the project; and WHEREAS, as demonstrated in the preparation of an Initial Study, all potentially significant effects on the environment identified in the IS/MND can be mitigated to less-than- significant levels with implementation of the recommended mitigation measures; including impacts to Cultural Resources, Geology and Soils, and Tribal Resources. Therefore, consistent with CEQA Guidelines Section 15070, the Initial Study supports and recommends the adoption of a Mitigated Negative Declaration; and WHEREAS, consistent with the requirements of the CEQA Guidelines, a Mitigation Monitoring and Reporting Program (MMRP) has been prepared, which outlines the procedures/steps and requirements for implementing all mitigation measures identified in the IS/MND. The MMRP is attached as Attachment A; and WHEREAS, the subject site was posted with a public notice regarding the Mitigated Negative Declaration prepared for this project and notices were published in a local newspaper of general circulation in the area and mailed to surrounding property owners within 400 feet, pertinent agencies (including responsible and trustee agencies), organizations and special interest groups pursuant to CEQA Guidelines Section 15072; and 2 WHEREAS, copies of the Initial Study/Mitigated Negative Declaration were made available for a 20-day review period by pertinent agencies and interested members of the public, commencing on January 2, 2020 and concluding on January 22, 2020; and WHEREAS, the City has evaluated the comments received from public agencies, utilities, organizations, special interest groups and persons who have reviewed the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and determined that no changes or modifications were deemed necessary to the Initial Study/Mitigated Negative Declaration; and WHEREAS, on February 25, 2020, the Planning Commission held a public hearing on the proposed project, the planning applications associated with the Homeward Bound of Marin Supportive Housing and Emergency Shelter Project at 190 Mill Street and the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, accepting all oral and written public testimony and the written report of the Department of Community Development. On a vote of 6-0-1 (Commissioner Lubamersky Abstained), the Planning Commission adopted a Resolution 20-08, recommending that the City Council adopt the IS/MND and the approve a Mitigation Monitoring and Reporting Program (MMRP); and WHEREAS, on April 6, 2020, the City Council held a duly noticed public hearing on the proposed project, accepting and considering all oral and written public testimony and the written report of the Department of Community Development; and WHEREAS , the custodian of documents which constitute the record of proceedings upon which this decision is based is the Community Development Department of the City of San Rafael. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael does hereby adopt the Mitigated Negative Declaration and approves the Mitigation Monitoring and Reporting Program as presented in Attachment "A" attached hereto and incorporated herein by reference, based on the findings that: a) The City Council exercised its independent judgment in evaluating the Mitigated Negative Declaration and the Mitigated Negative Declaration has been considered in conjunction with comments received during the public review period and at the Planning Commission hearing. Based on this review, the City Council finds and determines that: 1) there is no substantial evidence that the project will have a significant impact on the environment; and 2) revisions have been made to the project and have been included in the project as mitigation measures which reduce the potential impacts to a less-than-significant level. b) A Mitigation Monitoring and Reporting Program has been prepared for adoption to ensure implementation of, and compliance with, all conditions required to mitigate any impact to a level of less than significant. All mitigation measures have also been included as conditions of the project’s approval in the separate Resolution. 3 I, Lindsay Lara, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael City Council held on the 6th day of April 2020, by the following vote to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None LINDSAY LARA, City Clerk Attachment A Mitigation Monitoring and Reporting Program Attachment A File #: GPA19-001/ZC19-001 Title: Resolution Recommending Adoption of Mitigated Negative Declaration Exhibit: 2a Attachment A MITIGATION MONITORING AND REPORTING PROGRAM MITIGATION MONITORING AND REPORTING PROGRAM HOMEWARD BOUND OF MARIN SUPPORTIVE HOUSING AND EMERGENCY SHELTER - 190 MILL STREET, SAN RAFAEL, CA Mitigation Measure Implementation Procedure Monitoring Responsibility Monitoring / Reporting Action & Schedule Non-Compliance Sanction/Activity Monitoring Compliance Record (Name/Date) CULTURAL RESOURCES Mitigation Measure CULT-1: Protect Archaeological Resources Identified during Construction: The project sponsor shall ensure that construction crews stop all work within 100 feet of the discovery until a qualified archaeologist can assess the previously unrecorded discovery and provide recommendations. Resources could include subsurface historic features such as artifact-filled privies, wells, and refuse pits, and artifact deposits, along with concentrations of adobe, stone, or concrete walls or Require as a condition of approval. Project sponsor designates qualified professional pursuant to NAHC requirements and obtains approvals from appropriate agencies prior to issuance of building permits. Planning Division Planning/ Building Division Incorporate as condition of project approval Project sponsor to halt work immediately upon discovery of unknown resources Planning/Building Division verifies appropriate approvals obtained prior to issuance of building permit Deny project Deny issuance of building permit Attachment A File #: GPA19-001/ZC19-001 Title: Resolution Recommending Adoption of Mitigated Negative Declaration Exhibit: 2a Attachment A MITIGATION MONITORING AND REPORTING PROGRAM HOMEWARD BOUND OF MARIN SUPPORTIVE HOUSING AND EMERGENCY SHELTER - 190 MILL STREET, SAN RAFAEL, CA Mitigation Measure Implementation Procedure Monitoring Responsibility Monitoring / Reporting Action & Schedule Non-Compliance Sanction/Activity Monitoring Compliance Record (Name/Date) foundations, and concentrations of ceramic, glass, or metal materials. Native American archaeological materials could include obsidian and chert flaked stone tools (such as projectile and dalt points), midden (culturally derived darkened soil containing heat-affected rock, artifacts, animal bones, and/or shellfish remains), and/or groundstone implements (such as mortars and pestles). (Checklist Item V.b.) Mitigation Measure CULT-2: Protect Human Remains Identified During Construction: The Project proponent shall treat any human remains and associated or unassociated Require as a condition of approval. Project sponsor designates qualified professional Planning Division Planning/ Building Division Incorporate as condition of project approval Project sponsor to halt work immediately upon discovery Deny project Deny issuance of building permit Attachment A File #: GPA19-001/ZC19-001 Title: Resolution Recommending Adoption of Mitigated Negative Declaration Exhibit: 2a Attachment A MITIGATION MONITORING AND REPORTING PROGRAM HOMEWARD BOUND OF MARIN SUPPORTIVE HOUSING AND EMERGENCY SHELTER - 190 MILL STREET, SAN RAFAEL, CA Mitigation Measure Implementation Procedure Monitoring Responsibility Monitoring / Reporting Action & Schedule Non-Compliance Sanction/Activity Monitoring Compliance Record (Name/Date) funerary objects discovered during soil-disturbing activities according to applicable State laws. Such treatment includes work stoppage and immediate notification of the Marin County Coroner and qualified archaeologist, and in the event that the Coroner's determination that the human remains are Native American, notification of NAHC according to the requirements in PRC Section 5097.98. NAHC would appoint a Most Likely Descendant ("MLD"). A qualified archaeologist, the Project proponent, County of Marin, and MLD shall make all reasonable efforts to develop an agreement for the treatment, with appropriate dignity, of any pursuant to NAHC requirements and obtains approvals from appropriate agencies prior to issuance of building permits. of unknown resources Planning/Building Division verifies appropriate approvals obtained prior to issuance of building permit Attachment A File #: GPA19-001/ZC19-001 Title: Resolution Recommending Adoption of Mitigated Negative Declaration Exhibit: 2a Attachment A MITIGATION MONITORING AND REPORTING PROGRAM HOMEWARD BOUND OF MARIN SUPPORTIVE HOUSING AND EMERGENCY SHELTER - 190 MILL STREET, SAN RAFAEL, CA Mitigation Measure Implementation Procedure Monitoring Responsibility Monitoring / Reporting Action & Schedule Non-Compliance Sanction/Activity Monitoring Compliance Record (Name/Date) human remains and associated or unassociated funerary objects (CEQA Guidelines Section I5064.S[d]). The agreement would take into consideration the appropriate excavation, removal, recordation, analysis, custodianship, and final disposition of the human remains and associated or unassociated funerary objects. The PRC allows 48 hours to reach agreement on these matters. (Checklist Item V.c.) GEOLOGY AND SOILS Mitigation Measure GE0-1: Prior to a grading or building permit submittal, the project sponsor shall prepare a design- Require as a condition of approval. Planning Division Department of Incorporate as condition of project approval Public Works/ Building Division Deny project Deny issuance of Attachment A File #: GPA19-001/ZC19-001 Title: Resolution Recommending Adoption of Mitigated Negative Declaration Exhibit: 2a Attachment A MITIGATION MONITORING AND REPORTING PROGRAM HOMEWARD BOUND OF MARIN SUPPORTIVE HOUSING AND EMERGENCY SHELTER - 190 MILL STREET, SAN RAFAEL, CA Mitigation Measure Implementation Procedure Monitoring Responsibility Monitoring / Reporting Action & Schedule Non-Compliance Sanction/Activity Monitoring Compliance Record (Name/Date) level geotechnical investigation prepared by a qualified and licensed geotechnical engineer and submit the report to the City Engineer. Minimum mitigation includes design of new structures in accordance with the provisions of the current California Building Code or subsequent codes in effect when final design occurs. Recommended seismic design coefficients and spectral accelerations shall be consistent with the findings presented in Section 5.1 of the January 8, 2018, Miller Pacific report. (Checklist Item VII.a.ii.) Project sponsor prepares a design- level geotechnical investigation prepared by a qualified and licensed geotechnical engineer and submits report to City Engineer. Public Works (City Engineer) verifies appropriate design level report prior to issuance of building permit. building permit Mitigation Measure GE0-2: Prior to a grading or building Require as a condition of approval. Planning Division Incorporate as condition of project approval Deny project Attachment A File #: GPA19-001/ZC19-001 Title: Resolution Recommending Adoption of Mitigated Negative Declaration Exhibit: 2a Attachment A MITIGATION MONITORING AND REPORTING PROGRAM HOMEWARD BOUND OF MARIN SUPPORTIVE HOUSING AND EMERGENCY SHELTER - 190 MILL STREET, SAN RAFAEL, CA Mitigation Measure Implementation Procedure Monitoring Responsibility Monitoring / Reporting Action & Schedule Non-Compliance Sanction/Activity Monitoring Compliance Record (Name/Date) permit submittal, the project sponsor shall prepare a site drainage system prepared by a qualified and licensed civil engineer and submit the report to the City Engineer. The site drainage system will demonstrate the ability to collect surface water and discharge into an established storm drainage system. The project Civil Engineer or Architect is responsible for designing the site drainage system and, an erosion control plan shall be developed prior to construction per the current guidelines of the City of San Rafael Public Works Department (DPW) Grading and Construction Erosion and Sediment Control Plan Permit Project sponsor prepares a design- level drainage system prepared by a qualified and licensed civil engineer and submit report to City Engineer. Department of Public Works (City Engineer) Public Works/ Building Division verifies appropriate design level report prior to issuance of building permit. Deny issuance of building permit Attachment A File #: GPA19-001/ZC19-001 Title: Resolution Recommending Adoption of Mitigated Negative Declaration Exhibit: 2a Attachment A MITIGATION MONITORING AND REPORTING PROGRAM HOMEWARD BOUND OF MARIN SUPPORTIVE HOUSING AND EMERGENCY SHELTER - 190 MILL STREET, SAN RAFAEL, CA Mitigation Measure Implementation Procedure Monitoring Responsibility Monitoring / Reporting Action & Schedule Non-Compliance Sanction/Activity Monitoring Compliance Record (Name/Date) Application Package and the Regional Water Quality Control Board standards. (Checklist Item VII.b.) Mitigation Measure GE0-3: Should paleontological resources be encountered during project subsurface construction activities located in previously undisturbed soil and bedrock, all ground-disturbing activities within 25 feet shall be halted and a qualified paleontologist contacted to assess the situation, consult with agencies as appropriate, and make recommendations for the treatment of the discovery. For purposes of this mitigation, a "qualified paleontologist" shall be an individual with the Require as a condition of approval. Project sponsor designates qualified paleontologist, consult with agencies prior to issuance of building permits. Planning Division Building Division Incorporate as condition of project approval Should paleotontological resources be encountered during project subsurface construction activities located in previously undisturbed soil or bedrock, all ground-disturbing activities within 25 feet shall be halted. Planning/Building Division contacted and Deny project Suspend/halt building permit Attachment A File #: GPA19-001/ZC19-001 Title: Resolution Recommending Adoption of Mitigated Negative Declaration Exhibit: 2a Attachment A MITIGATION MONITORING AND REPORTING PROGRAM HOMEWARD BOUND OF MARIN SUPPORTIVE HOUSING AND EMERGENCY SHELTER - 190 MILL STREET, SAN RAFAEL, CA Mitigation Measure Implementation Procedure Monitoring Responsibility Monitoring / Reporting Action & Schedule Non-Compliance Sanction/Activity Monitoring Compliance Record (Name/Date) following qualifications: 1) a graduate degree in paleontology or geology and/or a person with a demonstrated publication record in peer- reviewed paleontological journals; 2) at least two years of professional experience related to paleontology; 3) proficiency in recognizing fossils in the field and determining their significance; 4) expertise in local geology, stratigraphy, and biostratigraphy; and 5) experience collecting vertebrate fossils in the field. If the paleontological resources are found to be significant and project activities cannot avoid them, measures shall be implemented to ensure that the appropriate agencies alerted to discoveries. Attachment A File #: GPA19-001/ZC19-001 Title: Resolution Recommending Adoption of Mitigated Negative Declaration Exhibit: 2a Attachment A MITIGATION MONITORING AND REPORTING PROGRAM HOMEWARD BOUND OF MARIN SUPPORTIVE HOUSING AND EMERGENCY SHELTER - 190 MILL STREET, SAN RAFAEL, CA Mitigation Measure Implementation Procedure Monitoring Responsibility Monitoring / Reporting Action & Schedule Non-Compliance Sanction/Activity Monitoring Compliance Record (Name/Date) project does not cause a substantial adverse change in the significance of the paleontological resource. Measures may include monitoring, recording the fossil locality, data recovery and analysis, a final report, and accessioning the fossil material and technical report to a paleontological repository. Upon completion of the assessment, a report documenting methods, findings, and recommendations shall be prepared and submitted to the City for review. If paleontological materials are recovered, this report also shall be submitted to a paleontological repository such as the University of California Attachment A File #: GPA19-001/ZC19-001 Title: Resolution Recommending Adoption of Mitigated Negative Declaration Exhibit: 2a Attachment A MITIGATION MONITORING AND REPORTING PROGRAM HOMEWARD BOUND OF MARIN SUPPORTIVE HOUSING AND EMERGENCY SHELTER - 190 MILL STREET, SAN RAFAEL, CA Mitigation Measure Implementation Procedure Monitoring Responsibility Monitoring / Reporting Action & Schedule Non-Compliance Sanction/Activity Monitoring Compliance Record (Name/Date) Museum of Paleontology, along with significant paleontological materials. Public educational outreach may also be appropriate. The project applicants shall inform its contractor(s) of the sensitivity of the project site for paleontological resources and shall verify that the following directive has been included in the appropriate contract specification documents: "The subsurface of the construction site may contain fossils. If fossils are encountered during project subsurface construction, all ground-disturbing activities within 25 feet shall be halted Attachment A File #: GPA19-001/ZC19-001 Title: Resolution Recommending Adoption of Mitigated Negative Declaration Exhibit: 2a Attachment A MITIGATION MONITORING AND REPORTING PROGRAM HOMEWARD BOUND OF MARIN SUPPORTIVE HOUSING AND EMERGENCY SHELTER - 190 MILL STREET, SAN RAFAEL, CA Mitigation Measure Implementation Procedure Monitoring Responsibility Monitoring / Reporting Action & Schedule Non-Compliance Sanction/Activity Monitoring Compliance Record (Name/Date) and a qualified paleontologist contacted to assess the situation, consult with agencies as appropriate, and make recommendations for the treatment of the discovery. Project personnel shall not collect or move any paleontological materials. Fossils can include plants and animals, and such trace fossil evidence of past life as tracks or plant imprints. Marine sediments may contain invertebrate fossils such as snails, clam and oyster shells, sponges, and protozoa; and vertebrate fossils such as fish, whale, and sea lion bones. Vertebrate land mammals may include bones of mammoth, camel, saber tooth cat, horse, Attachment A File #: GPA19-001/ZC19-001 Title: Resolution Recommending Adoption of Mitigated Negative Declaration Exhibit: 2a Attachment A MITIGATION MONITORING AND REPORTING PROGRAM HOMEWARD BOUND OF MARIN SUPPORTIVE HOUSING AND EMERGENCY SHELTER - 190 MILL STREET, SAN RAFAEL, CA Mitigation Measure Implementation Procedure Monitoring Responsibility Monitoring / Reporting Action & Schedule Non-Compliance Sanction/Activity Monitoring Compliance Record (Name/Date) and bison. Contractor acknowledges and understands that excavation or removal of paleontological material is prohibited by law and constitutes a misdemeanor under California Public Resources Code, Section 5097.5." (Checklist Item VII.f.) TRIBAL CULTURAL RESOURCES Mitigation Measure TRIBAL-1: Implementation of the unanticipated discovery measures outlined in Section V(b) and (d) above, address the potential discovery of previously unknown resources within the project area. If significant tribal cultural resources are identified Require as a condition of approval. Project sponsor designates qualified professional pursuant to NAHC requirements and Planning Division Planning/ Building Division Incorporate as condition of project approval Project sponsor to halt work immediately upon discovery of unknown resources Planning/Building Division verifies Deny project Deny issuance of building permit Attachment A File #: GPA19-001/ZC19-001 Title: Resolution Recommending Adoption of Mitigated Negative Declaration Exhibit: 2a Attachment A MITIGATION MONITORING AND REPORTING PROGRAM HOMEWARD BOUND OF MARIN SUPPORTIVE HOUSING AND EMERGENCY SHELTER - 190 MILL STREET, SAN RAFAEL, CA Mitigation Measure Implementation Procedure Monitoring Responsibility Monitoring / Reporting Action & Schedule Non-Compliance Sanction/Activity Monitoring Compliance Record (Name/Date) onsite, all work would stop immediately within 50 feet of the resource(s) and the project applicant would comply with all relevant State and City policies and procedures prescribed under PRC Section 21074. (Checklist Item XVIII.a.i. and ii.) obtains approvals from appropriate agencies prior to issuance of building permits. appropriate approvals obtained prior to issuance of building permit RESOLUTION NO. 14785 RESOLUTION OF THE CITY OF SAN RAFAEL CITY COUNCIL ADOPTING AN AMENDMENT (GPA19-001) TO THE SAN RAFAEL GENERAL PLAN 2020 LAND USE ELEMENT EXHIBIT 12- LAND USE MAP TO CHANGE EXISTING LI/O LAND USE DESIGNATION OF THE SUBJECT PROPERTY LOCATED AT 190 MILL STREET (APN 014-192-12) TO HIGH- DENSITY RESIDENTIAL (HDR) LAND USE DESIGNATION WHEREAS, in November 2004, the City of San Rafael adopted the San Rafael General Plan 2020 and certified the supporting Final Environmental Impact Report for the plan; and WHEREAS, on April 26, 2019, Homeward Bound of Marin submitted project applications to the City of San Rafael Community Development Department for a General Plan Amendment (GPA19-001) for property at 190 Mill Street, a Zoning Map Amendment (ZO19-001) to change the existing Canal Core Industrial/Office (CCI/O) zoning classification to the high-density residential zoning (HR1) zoning classification, and a Use Permit (UP19-001) for a new emergency shelter to replace the existing shelter; and WHEREAS, on April 29, 2019, in accord with California Government Code Section 65352.3(a), specifically, the directive of Senate Bill 18 (SB 18), the Community Development Department staff sent an offer for tribal consultation to the representatives of the Federated Indians of the Graton Rancheria (Federated Indians). Tribal consultation is required for all projects that propose an amendment to the local General Plan. The purpose of the tribal consultation is to consult with the local tribe representatives on potential impacts to Native American places, features and objects described in Section 5097.9 and 5097.993 of the California Public Resources Code. The prescribed 90-day period was observed for the Federated Indians to respond to the offer, but the City received no response; and WHEREAS, following the initial filing of the Homeward Bound of Marin applications for 190 Mill Street, the City commenced with environmental review of the project. Consistent with the California Environmental Quality Act (CEQA) Guidelines and the City of San Rafael Environmental Assessment Procedures Manual, the appropriate steps were followed to complete environmental review of the project, which included the preparation and publication on January 2, 2020 of an Initial Study and Mitigated Negative Declaration (IS/MND) and a Notice of Public Review and Intent to Adopt a Mitigated Negative Declaration; and WHEREAS, the IS/MND assesses the environmental impacts of the proposed amendment to San Rafael General Plan 2020 to change the existing Light Industrial/Office (LI/O) land use designation of the property to high-density residential (HDR) land use designation. The IS/MND finds that the proposed amendment to the General Plan will not result in significant impacts; and WHEREAS, on February 25, 2020, the San Rafael Planning Commission held a duly noticed hearing to consider the General Plan Amendment (GPA19-001), Zoning Amendment (ZC19-001), and Use Permit (UP19-001) applications, and accepted and considered all oral and written public testimony and the written report of Planning staff; and WHEREAS, on February 25, 2020, following a public hearing and deliberation on the project, the Planning Commission voted 7-0 to adopt Planning Commission Resolution 20-09 recommending that the City Council approve General Plan Amendment application GPA19-001 amending the San Rafael General Plan 2020 Land Use Map; and recommending approval of a Mitigation Monitoring and Reporting Program (“MMRP”) for the project; and WHEREAS, on April 6, 2020, the City Council held a duly noticed public hearing on the proposed project, accepting and considering all oral and written public testimony and the written report of the Department of Community Development; and WHEREAS, on April 6, 2020, by adoption of a separate resolution, the City Council adopted the IS/MND and approved an MMRP for the project; and WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based is the Community Development Department. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael does hereby approve General Plan Amendment GPA19-001, amending the San Rafael General Plan 2020 Land Use Map Exhibit 12 as follows: Modify Exhibit 12 in the General Plan 2020 Land Use Element to change the existing Light Industrial/Office (LI/O) land use designation of the 190 Mill Street site to the High-Density Residential (HDR) land use designation. This would extend the HDR land use designation of properties to the north and east such that it would encompass the 190 Mill Street property. The proposed modified General Plan Exhibit 12 is shown as Attachment A. BE IT FURTHER RESOLVED, that the amendment is based on and supported by the following findings: 1. The public interest would be served by the adoption of the proposed amendment to Land Use Element Exhibit 12, which would change the existing Light Industrial/Office (LI/O) land use designation of the 190 Mill Street site to the High-Density Residential (HDR) land use designation in that: a. This action would be consistent with and implement San Rafael General Plan 2020 Housing Element Policy H-9 (Special Needs) which supports the project’s added affordable housing in the very-low and low-income categories including housing that supports the homeless population. b. This action would be consistent with and implement San Rafael General Plan 2020 Housing Element Policy H-9d (Housing for Extremely Low Income Households), which supports funding opportunities that support the development of housing affordable to extremely low-income households including funding for projects that will facilitate the construction of multifamily and supportive housing. c. This action would be consistent with and implement San Rafael General Plan 2020 Housing Element Policy H-10 (Innovative Housing Approaches) and H-10c (Single Room Occupancy (SRO) Units) in that these policies support opportunities for innovative housing approaches that increase the availability of low- and moderate-income housing and promote construction of SRO apartments by eliminating SRO’s from density limits, allowing a reduction in parking standards and encourage linkages to social services for this type of housing. d. This action would be consistent with and implement San Rafael General Plan 2020 Housing Element Policy H-12 (Residential Care Facilities and Emergency Shelters) which encourages a dispersion of residential care facilities and emergency shelters and discourages an over concentration of residential care facilities and shelters for the homeless in any given area. This policy also recognizes the value of eliminating governmental constraints in the operation or construction of transitional, supportive, and emergency housing, consistent with State law. e. This action would accommodate the construction of a new, permanent emergency shelter to replace the existing emergency shelter that is need of upgrading. f. This action would provide the opportunity for residential uses that are compatible with the adjacent residential and light industrial uses. g. This action would not be growth inducing as the property is already served by all necessary utilities and no expansion of infrastructure would be required for land uses permitted under the HDR land use category to occupy the site. 2. The proposed amendment to Land Use Element Exhibit 12 would be generally consistent with the related elements, goals, policies or programs of the San Rafael General Plan 2020 as a whole in that: a. This action would be consistent with and implement San Rafael General Plan 2020 Governance Element Policy G-2 (Variety of Housing), which supports the creation and retention of a wide variety of housing types serving people of all economic levels. b. This action would be consistent with and implement San Rafael General Plan 2020 Governance Element Policies G-3 (Housing Agencies), G-18 (Support for Special Needs Groups), and G-18a (Collaboration with Local Agencies) which encourage collaboration and support of housing agencies, non-profits and other organizations that provide shelter, housing, and related services to very low-, low-, and moderate-income households as well as emergency shelter and supportive housing for the homeless and those with special needs. c. This action would be consistent with and implement San Rafael General Plan 2020 Governance Element Policy G-18c (Zoning Allowance), which encourages zoning allowance for group homes, transitional housing and treatment facilities, and recognizes the use of SB 2 funds in support of transitional and supportive housing projects. I, Lindsay Lara, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael City Council held on the 6th day of April 2020, by the following vote to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None LINDSAY LARA, City Clerk Attachment A General Plan 2020 Exhibit 12 – Land Use Map Attachment A General Plan 2020 Exhibit 12 – Land Use Map BEFORE AFTER ORDINANCE NO. 1983 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF THE SAN RAFAEL MUNICIPAL CODE TO CHANGE THE EXISTING CANAL CORE INDUSTRIAL/OFFICE (CCI/O) ZONING CLASSIFICATION TO THE HIGH-DENSITY RESIDENTIAL ZONING (HR1) ZONING CLASSIFICATION FOR PROPERTY LOCATED AT 190 MILL STREET (APN 014-192-12) WHEREAS, on April 26, 2019, Homeward Bound of Marin, the owner of property at 190 Mill Street, submitted applications for a General Plan Amendment (GPA19-001) to change the existing LI/O land Use designation to High-Density Residential (HDR) Land Use Designation, Zoning Map Amendment (ZO19-001) to change the existing Canal Core Industrial/Office (CCI/O) zoning classification to the high-density residential zoning (HR1) zoning classification, and Use Permit (UP19- 014) for a new emergency shelter to replace the existing shelter on the property, and these applications are being processed concurrently; and WHEREAS, the 190 Mill Street site is located within the Core Canal Industrial Office (CCI/O) Zoning District which does not allow residential development; and WHEREAS, following the initial filing of the Homeward Bound of Marin applications for 190 Mill Street, the City commenced with environmental review of the project. Consistent with the California Environmental Quality Act (CEQA) Guidelines and the City of San Rafael Environmental Assessment Procedures Manual, the appropriate steps were followed to complete environmental review of the project, which included the preparation and publication of an Initial Study and Mitigated Negative Declaration (IS/MND) and publication of a Notice of Public Review and Intent to Adopt a Mitigated Negative Declaration on January 2, 2020; and WHEREAS, the IS/MND assesses the environmental impacts of the proposed amendment to change the existing Canal Core Industrial/Office (CCI/O) Zoning Classification to the High-Density Residential Zoning (HR1) Zoning Classification. The IS/MND finds that the proposed Zoning Map amendment will not result in significant impacts; and WHEREAS, on February 25, 2020, the Planning Commission, through the adoption of separate resolutions, recommended to the City Council adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, approval of General Plan Map Amendment (GPA19-001), adoption of a Zoning Ordinance Map Amendment (ZO19-001), and approval of Use Permit (UP19-001); and WHEREAS, on April 6, 2020, the City Council held a duly noticed public hearing on the proposed project, accepting and considering all oral and written public testimony and the written report of the Department of Community Development; and WHEREAS, on April 6, 2020, by adoption of a separate resolutions, the City Council adopted the IS/MND, approved a Mitigation Monitoring and Reporting Program (MMRP), and approved a General Plan Map Amendment (GPA19-001); and WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based, is the Community Development Department; and WHEREAS, as required by San Rafael Municipal Code Section 14.27.060, the City Council makes the following findings in support of an ordinance to amend the Zoning Map to change the existing Canal Core Industrial/Office (CCI/O) Zoning Classification to the High-Density Residential (HR1) Zoning Classification for the property located at 190 Mill Street, which would extend the HR1 Zoning District on properties to the north and east such that it would encompass the 190 Mill Street property, as shown on the map contained in Exhibit “A” and further described in in Exhibit “B”: 1. The proposed amendment to the Zoning Map would be generally consistent with the elements, goals, policies or programs of the San Rafael General Plan 2020 as a whole in that: a. This action would be consistent with and implement San Rafael General Plan 2020 Governance Element Policy G-2 (Variety of Housing), which supports the creation and retention of a wide variety of housing types serving people of all economic levels. b. This action would be consistent with and implement San Rafael General Plan 2020 Governance Element Policies G-3 (Housing Agencies), G-18 (Support for Special Needs Groups), and G-18a (Collaboration with Local Agencies) which encourage collaboration and support of housing agencies, non-profits and other organizations that provide shelter, housing, and related services to very low-, low-, and moderate-income households as well as emergency shelter and supportive housing for the homeless and those with special needs. c. This action would be consistent with and implement San Rafael General Plan 2020 Governance Element Policy G-18c (Zoning Allowance), which encourages zoning allowance for group homes, transitional housing and treatment facilities, and recognizes the use of SB 2 funds in support of transitional and supportive housing projects. 2. The public interest would be served by the adoption of the proposed amendment to change the existing Canal Core Industrial/Office (CCI/O) Zoning Classification to the High-Density Residential (HR1) Zoning Classification for the property in that: a. This action would be consistent with and implement San Rafael General Plan 2020 Housing Element Policy H-9 (Special Needs) which supports the added affordable housing in the very-low and low- income categories including housing that supports the homeless population. b. This action would be consistent with and implement San Rafael General Plan 2020 Housing Element Policy H-9d (Housing for Extremely Low Income Households), which supports funding opportunities that support the development of housing affordable to extremely low-income households including funding for projects that will facilitate the construction of multifamily and supportive housing. c. This action would be consistent with and implement San Rafael General Plan 2020 Housing Element Policy H-10 (Innovative Housing Approaches) and H-10c (Single Room Occupancy (SRO) Units) in that these policies support opportunities for innovative housing approaches that increase the availability of low- and moderate-income housing and promote construction of SRO apartments by eliminating SRO’s from density limits, allowing a reduction in parking standards and encourage linkages to social services for this type of housing. d. This action would be consistent with and implement San Rafael General Plan 2020 Housing Element Policy H-12 (Residential Care Facilities and Emergency Shelters) which encourages a dispersion of residential care facilities and emergency shelters, and discourages an over concentration of residential care facilities and shelters for the homeless in any given area. This policy also recognizes the value of eliminating governmental constraints in the operation or construction of transitional, supportive, and emergency housing, consistent with State law. e. This action would accommodate the construction of a new, permanent emergency shelter to replace the existing emergency shelter that is need of upgrading. f. This action would provide the opportunity for residential uses that are compatible with the adjacent residential and light industrial uses. g. This action would not be growth inducing as the property is already served by all necessary utilities and no expansion of infrastructure would be required for uses permitted under the HR1 Zoning District. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY ORDAIN AS FOLLOWS: DIVISION 1. Findings The City Council of the City of San Rafael hereby determines and finds that all of the facts and statements contained in the recitals herein and the finding of Planning Commission Resolution 20-10, adopted February 25, 2020, recommending to the City Council adoption of this Ordinance are true and correct. DIVISION 2. Approval The City Council of the City of San Rafael hereby approves and adopts the amendment to SRMC Title 14 Zoning Map as presented in Exhibit A attached hereto and incorporated herein by reference. DIVISION 3. Publication A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which it is adopted. This Ordinance shall be in full force and effect thirty (30) days after its final passage, and the summary of this Ordinance shall be published within fifteen (15) days after the adoption, together with the names of those Councilmembers voting for or against same, in the Marin Independent Journal, a newspaper of general circulation published and circulated in the City of San Rafael, Marin County, State of California. Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk a certified copy of the full text of this Ordinance, along with the names of those Councilmembers voting for or against the Ordinance. GARY O. PHILLIPS, Mayor ATTEST: LINDSAY LARA, City Clerk The foregoing Ordinance No. 1983 was introduced at a regular meeting of the City Council of the City of San Rafael, held on the 6th day of April 2020 and was ordered passed to print by the following vote, to wit: AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on the 20th day of April 2020. LINDSAY LARA, City Clerk Exhibits: A. Rezoning Map B. Legal Property Description Exhibit A San Rafael Zoning Map BEFORE AFTER HR1 Exhibit B Legal Property Description 1 RESOLUTION NO. 14786 RESOLUTION OF THE CITY OF SAN RAFAEL CITY COUNCIL CONDITIONALLY APPROVING A USE PERMIT (UP19-014) TO ALLOW THE OPERATION OF A PERMANENT EMERGENCY SHELTER IN A NEW BUILDING TO BE CONSTRUCTED ON PROPERTY LOCATED AT 190 MILL STREET AND CONCESSIONS FOR HEIGHT AND LOT COVERAGE (APN: 014-192-12) WHEREAS, Homeward Bound of Marin has operated a perm anent emergency shelter at 190 Mill Street with an approved Use Permit since 1986 ; and WHEREAS, on April 26, 2019, Homeward Bound of Marin submitted project applications for 190 Mill Street to the City of San Rafael Community Development Department, including an application for a Use Permit (UP19-014) to allow the operation of a permanent emergency shelter in a new building that would house the new shelter and 32 affordable supportive housing units at property located at 190 Mill Street; and WHEREAS, on April 26, 2019, Homeward Bound of Marin submitted a request to the City of San Rafael Community Development Department for concessions for building height and lot coverage under Density Bonus provisions of the San Rafael Municipal Code and consistent with State law; and WHEREAS, the project applications for 190 Mill Street include a General Plan Amendment (GPA19-001) to change the existing Light Industrial/Office (LI/O) land use designation to the high-density residential (HDR) land use designation; and a Zoning Map Amendment (ZC19-001) to change the existing Canal Core Industrial/Office (CCI/O) Zoning Classification to the High-Density Residential Zoning (HR1) Zoning Classification; and WHEREAS, following the initial filing of the Homeward Bound of Marin applications for 190 Mill Street, the City commenced with environmental review of the project. Consistent with the California Environmental Quality Act (CEQA) Guidelines and the City of San Rafael Environmental Assessment Procedures Manual, the appropriate steps were followed to complete environmental review of the project, which focused primarily on the amendments to the Zoning Map and General Plan 2020 Land Use Map referenced above; and WHEREAS, an Initial Study and Mitigated Negative Declaration (IS/MND) was prepared and a Notice of Public Review and Intent to Adopt a Mitigated Negative Declaration was published on January 2, 2020; and 2 WHEREAS, Assembly Bill 2162, which amends California Government Code Section 65583 relating to land use, specifies that while a local government may require a use permit and apply certain written objective standards to emergency shelters, the permit processing and application of standards applied to such permits shall not be deemed to be discretionary acts within the meaning of the CEQA; and WHEREAS, State planning and zoning law allows a developer for an affordable housing project to seek a density bonus, including any concessions, incentives, or waivers of development standards, from the local government (Government Code Section 65655(a)), and Homeward Bound is requesting concessions for building height and lot coverage; and WHEREAS, on February 25, 2020, the San Rafael Planning Commission held a duly noticed public hearing to consider Use Permit (UP19-014) to allow a permanent emergency shelter, and to consider concessions for building height and lot coverage associated with the affordable supportive housing project. The Planning Commission considered all oral and written public testimony and the written report of the Community Development Department , and following deliberation on the project, voted 6-1-0 (Commissioner Lubamersky Voted No) to adopt Planning Commission Resolution No. 20-11 to recommend approval of the Use Permit (UP19-014) and concessions for building height and lot coverage; and WHEREAS, on April 6, 2020, the City Council held a duly noticed public hearing on the proposed project, accepting and considering all oral and written public testimony and the written report of the Department of Community Development; and WHEREAS, on April 6, 2020, by adoption of a separate resolution, the City Council adopted the IS/MND and approved a Mitigat ion Monitoring and Reporting Program (MMRP); and WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based, is the Community Development Department. NOW, THEREFORE BE IT RESOLVED that the San Rafael City Council does hereby approve Use Permit application (UP19-014) and the requested concessions, to allow the operation of a permanent emergency shelter, based on the following findings and with the following conditions: Findings for UP19-014 A. The proposed use is in accord with the general plan, the objectives of the zoning ordinance, and the purposes of the district in which the site is 3 located in that the use is located within the High Density Residential (HDR) General Plan Land Use Designation and HR1 (High Density Residential) Zoning District. This Land Use category is intended to provide a variety of opportunities for high -density multifamily residential development. General Plan Consistency: The permanent emergency shelter use is consisten t with the goals and policies of San Rafael General Plan 2020 as a whole, and the use specifically supports and implements the following: 1. Housing Element Policy H-9 (Special Needs) which supports the added affordable housing in the very -low and low-income categories including housing that supports the homeless population. 2. Housing Element Policy H -9d (Housing for Extremely Low Income Households), which supports funding opportunities that support the development of housing affordable to extremely low -income households including funding for projects that will facilitate the construction of multifamily and supportive housing. 3. Housing Element Policy H-10 (Innovative Housing Approaches) and H-10c (Single Room Occupancy (SRO) Units) in that these policies support opportunities for innovative housing approaches that increase the availability of low- and moderate-income housing and promote construction of SRO apartments by eliminating SRO’s from density limits, allowing a reduction in parking standards and encourag e linkages to social services for this type of housing. 4. Housing Element Policy H -12 (Residential Care Facilities and Emergency Shelters) which encourages a dispersion of residential care facilities and emergency shelters and discourages an over concentration of residential care facilities and shelters for the homeless in any given area. This policy also recognizes the value of eliminating governmental constraints in the operation or construction of transitional, supportive, and emergency housing, consiste nt with State law. Zoning Consistency: This use is located in the High -Density Residential District (HR1) District, which is intended to provide a variety of opportunities for high -density multifamily residential development. The proposed emergency shel ter is a residential use that is permitted in the HR1 District with approval of a Use Permit pursuant to San Rafael Municipal Code (“SRMC”) Section 14.04.040. B. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, or to the general welfare of the city because the project is subject to adherence to the 4 performance standards addressed in the findings and the conditions below, which would among other measures require on-site management and security, fully enclosed refuse storage areas that are adequate for the proposed use, adequate security lighting, and adequate parking for the shelter staff, service provider s and volunteers. In addition, the provider is required to have a written management plan including, as applicable, provisions for staff training, neighborhood outreach, security, screening of residents to ensure compatibility with services provided at th e facility, and for training, counseling, and treatment programs for residents. C. The proposed use complies with the applicable provisions of SRMC Title 14, the Zoning Ordinance. The emergency shelter meets the following development and performance stan dards, as required by SRMC Section 14.16.115.C: 1. On-site management and on -site security shall be provided during hours when the emergency shelter is in operation. 2. Adequate external lighting shall be provided for security purposes (i.e., one (1) foot -candle at all doors and entryways and one -half (½) foot- candle at walkways and parking lots). The lighting shall be stationary, directed away from adjacent properties and public right s-of-way, and of intensity compatible with the surrounding area. 3. The development provides common facilities for the exclusive use of the residents and staff, including a shared kitchen, dining room, lounge, outdoor terraces, and offices for counseling and other support services. 4. Parking and outdoor facilities provide adequate sec urity for staff, service providers, and volunteers. 5. A fully enclosed refuse storage area located in the enclosed garage area is provided that is large enough to accommodate a standard - sized trash bin, and an additional enclosure for recycling bins. 6. The agency or organization operating the shelter shall comply with the following requirements: a. Shelter shall be available to residents for no more than six (6) months. No individual or household may be denied emergency shelter because of an inability to pay. b. Staff and services shall be provided to assist residents to obtain permanent shelter and income. c. The provider shall have a written management plan including, as applicable, provisions for staff training, neighborhood outreach, security, screening of reside nts to ensure compatibility with services provided at the facility, and for training, counseling, and treatment programs for residents. 7. The emergency shelter is not within proximity to any other existing or planned emergency homeless shelter. 5 8. The facilit y shall maintain at all times in good standing all city and/or state licenses, if required by these agencies for the owner(s), operator(s), and/or staff on the proposed facility. 9. The maximum number of beds or clients permitted to be served (eating, showering and/or spending the night) nightly shall not exceed the occupancy limit established by the California Building Code. Findings for Concessions A. The Project complies with the City’s affordable housing requirement, pursuant to SRMC Section 14.16.030, by providing 100% of the 32 supportive housing units as “affordable” or Below-Market-Rate (BMR) units. All 32 of the affordable units would be affordable at Extremely Low or Very Low-income levels. B. By meeting the City’s affordable housing requirement of at least 20%, the project is eligible for up to 3 concessions and unlimited waivers under the State Density Bonus law. C. The project proposes two (2) discretionary concessions/waivers: 1. To achieve the proposed 32 supportive housing units, a Concession is requested to allow a 6% increase in lot coverage, from the maximum 60% permitted in HR1 District to 66% lot coverage; and 2. To achieve the proposed building height, a Concession is requested for proposed height increase from maximum height of 36 feet allowed in the HR1 District to a 48-foot maximum building height. D. The additional lot coverage and the additional building height are considered major concessions (SRMC Section 14.16.030.H.3.b.v) and therefore are subject to approval of the City Council and require that the applicant demonstrate through a financial pro forma that the concessions are needed to make the project financially feasible. E. Based on SRMC Section 14.16.030.H.2, the City may, at its sole discretion, grant a density bonus exceeding the State’s minimum requirements where the applicant agrees to construct a greater number of affordable housing units than required pursuant to SRMC Section 14.16.030(B)(2). If such additional density bonus is granted by the city and accepted by the applicant, the additional density bonus shall be considered an additional concession or incentive for purposes of Government Code Section 65915. Given that the project proposes 100% of the 32 supportive housing units as affordable, the City finds that the 100% affordability provides a significant public benefit. F. Based on the fact that the project provides all 32 supportive housing units as affordable units to extremely low and very low income households and 6 is supported by the financial pro forma that demonstrates that the concessions are necessary to make the 100% affordable housing project feasible, the City hereby grants the concessions/waivers (increased lot coverage and increased building height) as requested by the project. Conditions of Approval for UP19-014 1. This Use Permit approves the operation of a permanent emergency shelter within a new building to be constructed on the property located at 190 Mill Street. The building techniques, materials, elevations, and appearance of the project, as shown on plans presented to the Planning Commission on February 25, 2019, shall be the same as required for issuance of a Building Permit except as modified by these conditions of approval. 2. These conditions of approval shall be included on the first sheet of plans submitted for a building permit. The applicant shall comply with all applicable requirements of the San Rafael Municipal Code and of the implementing zone classification of HR1 (High Density Residential) Zoning District, as permitted by and consistent with State law. 3. This Use Permit does not approve any signs proposed for the project site. A separate sign permit and fee will be required for any signage for the new building. 4. Minor modifications or revisions to the project shall be subject to review and approval by the Community Development Department, Planning Division. Modifications deemed not minor by the Community Development Director shall require review and approval by the original decision -making body. 5. The applicant shall comply with all applicable requirem ents of the City, County, State, and other responsible agencies. This Use Permit shall run with the land. 6. The applicant shall comply with Performance Standards outlined under Section 14.16.115.C of the San Rafael Municipal Code. 7. This Use Permit shall become null and void if not vested within two (2) years from the date of approval, unless a time extension is granted before that date. Vesting shall include issuance of necessary building permits or commencement of operations. 8. The applicant shall comply with San Rafael Sanitation District (SRSD) requirements outlined in their memo dated May 17, 2019, which includes the following: 7 a. Prior to issuance of Building Permit, the applicant shall pay the appropriate sewer connection fees for new plumbing fixtures. b. All sanitary sewer-related work shall be performed in accordance with SRSD Standards, including installation of backflow preventer. c. The applicant shall provide sanitary drains for the trash and recycling areas. All refuse areas shall be covered a nd graded to drain independently of all surrounding non-refuse areas. 9. The applicant shall comply with Fire Department Standard Conditions of approval as noted in Memorandum dated May 3, 2019, which includes the following: a. The design and construction of all site alterations shall comply with the 2016 California Fire Code (“CFC”) and City of San Rafael Ordinances and Amendments. b. The applicant shall coordinate submittal of plans for the following fire protection systems prior to installation: i. Fire Sprinkler Plans ii. Fire Standpipe Plans iii. Fire Alarm Plans iv. Kitchen Hood Automatic Fire-Extinguisher System Plans c. A recessed mounted Knox Box (#3200 Series) is required at the primary point of first response to the building. Plans for building permit submittal shall show location of Knox Box on plans. The Knox Box shall be clearly visible upon approach to the main entrance from the fire lane, and shall be installed between 72” to 78” above finish grade. d. A Knox key switch for driveway or access road automatic gates. e. All fire apparatus and access requirements must be met. f. Adequate water supply serving the Fire Protection System shall be verified with Marin Municipal Water District. g. The applicant shall provide exit signage, panic hardware, and emergency backup lighting for all required exit doors. h. Applicant shall provide fire extinguishers per CFC requirements. 10. The applicant shall comply with Department of Public Works (DPW) Standard Conditions of approval as noted in Memorandum dated May 28, 2019, which includes the following: a. Any work within the Right-of-Way shall require an encroachment permit and would include outdoor license review by DPW. b. Prior to occupancy of new building, an elevation certificate and floodproofing certificate shall be submitted to the Department of Public Works. I, Lindsay Lara, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting 8 of the Sa Rafael City Council held on the 6th day of April 2020, by the following vote to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None LINDSAY LARA, City Clerk 1 RESOLUTION NO. 14787 RESOLUTION OF THE CITY OF SAN RAFAEL CITY COUNCIL WAIVING PAYMENT OF FEES FOR APPLICATIONS ASSOCIATED WITH HOMEWARD BOUND EMERGENCY SHELTER AND SUPPORTIVE HOUSING PROJECT LOCATED AT 190 MILL STREET (MILL STREET CENTER) (APN: 014-192-12) WHEREAS, Homeward Bound of Marin has operated a perm anent emergency shelter at 190 Mill Street with an approved Use Permit since 1986 ; and WHEREAS, on April 26, 2019, Homeward Bound of Marin submitted project applications to the City of San Rafael Community Development Department for a new emergency shelter and 32 supportive housing units at 190 Mill Street; and WHEREAS, the applications submitted include a General Plan Amendment (GPA19-001) to change the existing LI/O land Use designation to High-Density Residential (HDR) Land Use Designation, Zoning Map Amendment (ZO19-001) to change the existing Canal Core Industrial/Office (CCI/O) zoning classification to the high-density residential zoning (HR1) zoning classification, and a Use Permit (UP19-014) for a new emergency shelter to replace the existing shelter; and WHEREAS, City Council Resolution No. 11025 established a policy for evaluating requests for fee waivers for certain projects, including affordable housing projects; and WHEREAS, on December 28, 2018, Homeward Bound of Marin submitted a letter to the City of San Rafael Community Development Department requesting a waiver for fees associated with the above referenced applications for Emergency Shelter and Supportive Housing Project at 190 Mill Street; and WHEREAS, on January 2, 2019, the City responded to Homeward Bound of Marin, advising Homeward Bound that the request for a fee waiver would be processed along with other the project entitlements; and WHEREAS, on April 6, 2020, the City Council held a duly noticed public hearing on the proposed project, accepting and considering all oral and written public testimony and the written report of the Department of Community Development; and WHEREAS, on April 6, 2020, by adoption of a separate resolution, the City Council adopted the IS/MND and approved a Mitigation Monitoring and Reporting Program (MMRP); and 2 NOW, THEREFORE BE IT RESOLVED that the San Rafael City Council does hereby waive the requirement for payment of Planning Division appli cation fees associated with the Homeward Bound of Marin Emergency Shelter and Supportive Housing Project at 190 Mill Street with the finding that the waiver is consistent with the requirements of Resolution No. 1 1025 establishing policies for consideration of fee waivers in that: 1.Homeward Bound of Marin is a non-profit organization; 2.Homeward Bound of Marin operates the only permanent emergency shelter for homeless adults at 190 Mill Street, which provides much needed emergency shelter for the County’s homeless population; 3.The proposed new facility will expand the number of emergency shelter beds and provide 32 permanent supportive housing units and services for high-needs people experiencing homelessness; 4.The 32 permanent supportive housing units will be a vailable in the extremely low-income housing category; I, Lindsay Lara, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael City Council held on the 6th day of April 2020, by the following vote to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None LINDSAY LARA, City Clerk Providing keys to ending homelessness : training, housing, and hope HQmewalLL n3ound OF MARIN December 18, 2018 Paul Jensen -Community Development Director City of San Rafael 1400 Fifth Avenue, Top Floor San Rafael, CA 94901 Dear Paul, Homeward Bound of Marin proposes upgrading and improving the existing Mill Street Center by expanding the current emergency shelter structure while also adding 32 units of affordable supportive housing. Pursuant to Resolution 11025, we respectfully request a full waiver of the impact fees for this project. Working with Frederic Divine Architects and an experienced general contractor to carry out the work, our plan for Mill Street Center is to replace the worn and outdated structure with an expanded facility fully integrated with new affordable supportive housing units and 24/7 on -site behavioral and social services. This will meet the community need for newly developed, site-based, affordable permanent supportive housing units to serve extremely low-income chronically homeless individuals in Marin. We gratefully acknowledge the support of this development from the City of San Rafael, and request that the City authorize the waiver of fees for this project, including fees for Public Facilities, Traffic Impact, and Residential Development. Thank you for considering this request to help rebuild Marin's only emergency shelter for homeless adults and develop new critically-needed affordable housing units. Please let us know if you have any questions or need additional information. Sincerely, ·-~~~~ Mary Kay Sweeney Executive Director 1385 N. Hamilton Parkway, Novat o , CA 94949 415-382-3363 • Fa x 415-382-6010 www.h bofm.org Paul Fordham Deputy Executive Dir~~~?c;~!f ~ COMM UNHY DE\'El.O PMENT OEPMHMENT CIT'( Of Sr.ti RArnE L v.---- Alicia Giudice From: Sent: To: Cc: Subject: Alicia . Giudice, mark kline <tin.pin.tommy@gmail.com> Sunday, January 5, 2020 6:11 PM Alicia Giudice Feng Xue 190 Mill street I have concerns about this project. I have lived at 575 Canal Street for 30 years and like the privacy I have. We have 5 apartments facing south and by your plans, there will be 15 windows on the north side, all of which will be above the fence you plan to install. We would all lose our privacy. My other concern is littering. I take care of this building and frequently find people from Homeward bound in our carport. I ask them to leave but know it is only temporary, and then I get to pick up their trash. Now you are planning to triple the amount of people there. I see that as tripling my chores. I realize the homeless situation is a problem but I am not happy with your solution. I plan to attend your meeting on the 28th. Thank You, Mark Kline 575 Canal St. Apt 3 San Rafael, Ca 94901-4186 1 Alicia Giudice From: Sent: To: Subject: Michael Dinger <vw.van.works@gmail.com> Sunday, January 19, 2020 7:04 PM Alicia Giudice Emergency Shelter & Supportive Housing 190 Mill Street San Rafael Hello Alida Giudice, . . I'm writing you today in response to the mail I received end of November 2019 regarding the planned extension of the homeless shelter on 190 Mill St in San Rafael. I'm the owner of an Automotive Repair shop across the shelter, very familiar with the daily routine of the homeless shelter and all the happenings regarding the facility. I visited the City's website and the project of the Planning Division which raised in my opinion quite some concerns. I understand the · shortage of housing for homeless people but a shelter this size in this industrial area I believe is out of context and a more peaceful environment is required for the people in need. -Mill Street is an industrial area with a lot of automotive traffic due to the businesses there -The size of the shelter and the planned height is not permitted in an area like Mill Street -I'm very concerned about accidents with the amount of people leaving the facility and the trafficon the street -also the parking situation on the street will not cover enough space for the extended staff, . + volunteers + homeless who own a car + supported housing people who own a car + emergency vehicles who frequently visit the shelter which will increase with the over 100 people there . + delivery vehicles to supply such a place -according to the building planned there will be insufficient space available -we, who conduct business on Mill Street and work on customer cars need to follow parking guidelines the City of San . Rafael put in place to free up space, how will adding this large building help with that -I witness almost every day that people coming to the shelter leave their accumulated belongi~gs or trash on the stre·et and ·often, if not accepted in the shelter, try or brake into parked cars on the street or neighborhood to find a place to stay, please see the police reports related to that -also ! find more often discharge of fecal matter any kind on the street, how will this change when more people are drawn into the area and then can't be sheltered -is the utility system capable of handling a building like that, floods of the Canal Area might compromise these systems I w·ould appreciate a response and consider my thoughts not against a shelter. I trying to attend the meeting on the 28th of January Best Regards MichaelDinger Valley Wagonworks 193 Mill St. San Rafael, CA 94901 Shop: (415) 457-5628 Email: vw.van.works@gmail.com 2 Alicia Giudice From: Sent: Dana Phillips <danamphillips@yahoo.com> · Saturday, January 18, 2020 10:27 .PM To: Alicia Giudice Subject: Mill Street expansion Hello, I am glad that the Mill Street shelter is expanding. I read a sto~y of a working developmentally disabled homeless woman who posted on next door during last year, that · she had to call Mill Street every day just to hope to.get a bed. Some days she was denied. Also the homeless who are camping in places like Gold Hill need to be told there is a shelter bed for them, so they can't camp just anywhere. Having a shelter for them will reduce the frequency of their trespassing, it has been a problem with · homeless people s.ometimes wandering through my yard late at night, looking for a place to camp or to use drugs. This week a homeless woman was walking around in my bushes for some non-reason she gave, where if she had a shelter bed, she would have more awareness of available services to get off whatever she was using. Looked like she had come from Gold Hill on her bicycle. Please apprnve and assist Mill Street's expansion. Thank you, . Dana Phiflips 3 Alicia Giudice From: Sent:· To: Cc: Subject:· Hello Alicia Giudice, Rick Simanek <rick.simanek@gmail.com> Friday, January 17, 2020 3:13 PM Alicia Giudice Claudia Gardner 190 Mill Street I am responding to the City of San Rafael notice about the pranned project at 190 Mill S_treet. have reviewed the information provided on line project website" dtyof sanrafael.org/homeward bound": _ I find the size of the proposed building to be too large. also find the increase number of beds/housing units to be too large. I object to this plan of allowing a hotel to be built within our light industrial area. What follows below are my thoughts and comments on some of the issues and concerns about th_is expansion of the existing emergency homeless shelter . . Physically, this project building is too large. A)The 4 story building· covers most of the site. Such a large ratio of structure to land use is not permitted by the City in our area. If an industrial or office building was proposed for this site, much · more open space would be required. B) In addition to "green space", off street, meaning on site ,parking would be required .. The interior parking shown on the drawings would not be adequate for staff, volunteers, service providers, vendors, visitors, emergency police and paramedic services, and maintenance personnel. C) There m.ay not be enough capacity of the utilities on Mill Street that would be required to operate this large building. Has anyone checked the capacity for : water service, including stand by fire sprinkler system; sanitary sewer; electrical and gas service; telephone and data service. The expansio _n of beds/ housing units is too large. Perhaps the operators of this 24/7 /365 hotel may be able to serve their clients with in the walls of their building. I do not believe that the City is ready to· serve our community if the. expansion to 92 beds/units is allowed . I ask you to contact your police and fire departments for an evaluation of this increase. The data of incidents on Mill Street should give strong indications of what would be expected with an increase and the require increase in police patrols/calls and paramedic responses. I would also ask you to contact your Public Works group for an evaluation of increased street and trash removal services. Another issue would _be increased traffic congestion in this area during construction and operation. Traffic meaning both vehicle and pedestrian. There is no lay down space on site for heavy construction materials. -Likewise, during operations there are street access concerns 4 over the expanded hotel personnel and users. I believe that as congested as Mill Street is now, this .planned expansion will make the congestion worse. This will be very noticeable in the morning and evenings. In our area of the .Canal, new parking regulations have been put into practice. Restrictions on time limits and painted parking spaces have helped free up some of this congestion. A lot more ne\/\/ folk_s would ~eem to make congestion wor~_e .• As you can tell, my concerns and comments deal with everything planned being too large. ask the Study Session to· consider these thoughts. If the project is made smaller, that would be good.· Perhaps take off the 4th floor. Perhaps include more onsite parking. Perhaps, add _ a second story to the existing shelter. For any new work, I do suggest increased perimeter lighting for the project site and Mill and Harbor streets. If "permanent supportive housing units" are to be allowed, upgraded lighting and many more support services will be a necessity. That would make it a real hotel, which d_oes not fit this neighbor. I offer these thoughts as one who has worked on Mill Street since 1985 ·and who _now owns property there . Alicia, Please let me know that you have received this email. I hope to attend the Tuesday · 1/28/2020 7 pm meeting on this subject. Thank you, Rick Simanek 1/17/2020 3:15 pm 5 Alicia Giudice From: ·Sent: To: Cc: Subject: Attachments: Dear Ms. Giudice, marinmehc@gmail.com Wednesday, January 15 , 2020 9:47 AM Alicia Giudice Larry Kennings; mksweeney@hbofm.org Mill Street Shelter -Initial Study/Mitigated Negative MEHC_HomewardBound_Mill_Street.pdf We are attaching a letter re: the new plans for the shelter at 190 Mill Street in San Rafael. Thank you, ~ C] Marin Environmen tal Housing . Collaborat ive Lisel Blash Housing Specialist Marin Environmental Housing Collaborative marinmehc.org 4 1 5-305-54 93 6 Marin Environmental Housing Col raoorativ·e BOARD David Levin, Co-Chair · Samantha Mericle, Co-Chair Casey Epp Linda M. Jackson Shiraz Kaderali Larry Kennings Douglas Mundo Jessuina Perez-Teran Steven Saxe Chantel Walker Joanne Webster ADVISORY BOARD Ron Albert · Paula Allen Margot Biehle Greg Brockbank Katherine Crecelius John Eller Kathleen Foote Mayme Hubert Cesar Lagleva Kiki La Porta Stacey Laumann Stephanie Lovette Marge Macris · Robert Pendoley Scott Quinn · Michele Rodriguez Annette Rose Colin Russell Mary Kay Sweeney Joe Walsh Patsy White Steve Willis Sallyanne Wilson Tom Wilson Lisel Blash, Housing Specialist P.O. Box 9633 San Rafael CA 94912 www.MarinMEHC.org January 15, 2020 San Rafael Planning Commission . c/o Alice Giudice, Project Planner 1400 Fifth A venue, Room 203 San Rafael, CA 94901 Dear Commissioners & Ms. Giudice: fyiarin Environmental Housing Collaborative (MEHC) is a consortium of . advocates building support for projects and policies that advance affordable housing as well as environmental integrity and social justice. We are writing in regard to Homeward Bound' s Supportive Housing and Emergency Shelter on Mill Street in San Rafael. We have read the Draft Initial Study/Mitigated Negative Declaration and see little cause for concern. This is an urban infill project on a site that has been used as a shelter for many . ' years. It appears that any potential significant impacts to Cultural Resources, Geology and Soils, and Tribal Cultural Resources can be mitigated. While the site is in a flood zone that will be impacted by. sea level rise, it is unlikely that this project could be sited elsewhere in Marin due to the community's historic resistance to homeless shelters and affordable housing. . The addition of a soft floor for staff parking increase the number of on-site parking spaces from 12 to 18 and raise the living space above flood level. This infill site is conveniently located near to shopping, services, and public transportation-all vital for residents who are likely to be car-free: MEHC supports this project because it will provide 32 units of permanent supportive housing that will address an identified gap in permanent supportive housing for the homeless·, who have significant barriers to obtaining and . maintaining housing, in addition to providing year-round shelter beds that are so desperately needed .. This project will have minimal environmental impact. We urge you to approve the requested General Plan Amendment, Zoning Amendment, and Use Permit for this project. Sincerely, ~L David Levin Co-Chair Sarni Mericle Co-Chair Tax deductible don _ations made payable to MEHC will be administered by EAH Housing, a 501 (c)(3) nonprofit housing corporation. EAH generously acts as our fiscal sponsor, without charge. Alicia Giudice From: Sent: To: Subject: Hi Alicia, _Kate Sudar Sprague <sprague.kate@gmail.com> Tuesday, January · 28, 2020 4:16 PM Alicip Giudice Re-: 190 Mill Street Thank you for the update! I will see if I can make the meeting. Since I sent my message, I have been reflecting a lot on housing in San Rafael, especially regarding shelter housing. My husband and I believe strongly in making more housing available, especially in the Bay Area and Marin. Because of that, it would be hypocritical of me to be against the Mill Street extension, especially since the property is already owned and in use for the same purpose. I do think this is an opportunity for the city to focus on some specific resources to the Canal neighborhood, and I spoke earlier today with Kate Colin and Mary Kay Sweeney about the same issues : Thank you again for your time. · Best~ Kate Sprague On Mon, Jan 27, 2020 at 4:35 PM Ali'cia Giudice <Alicia.Giudice@cityofsanrafael.org> wrote: Kate, thanks for your email. I wanted to let you know that this item is being continued to the February 11, 2020 Planning Commissi_on meeting. Thanks Alicia Giudice, AICP I City of San Rafael . Senior Planner 1490 5th Avenue, 3rd floor San Rafael, CA 94901 . 415-485-3092 . ~~0:-:-~i.~ . . . #-0 EAEl ,i 'l~·tE: (llY \NliHt, M!~Sl◊N 1 From: Kate Sudar Sprague <sprague.kate@gmail.com> Sent: Wednesday, January 22, 2020 5:05 PM To: Alicia Giudice <Alicia.Giudice@cityofsanrafael.org> Subject: 190 Mill Street · I am writing to express my concern about the extension to the homeless shelter at 190 Mill Street. Homelessness is a massive· problem for San Rafael and California in general. The shelter on Mill Street provides much needed shelter to many people who otherwise wou_ld be sleeping on the streets. However, increasing the .capacity of that shelter would only overload the already impacted neighborhood in the Canal. As a_ resident of the Canal neighborhood, r regularly see garbage, littering, dumping, and parking issues. Adding 32 units and 60 emergency beds will further exacerbate the problem of too many people in too small an area. It is well-known that the pedestrian and bike access to the Canal neighborhood is unsafe and inadequate, so adding more people to that throughway is _ another unnecessary burden .. Adding an extension to the Mill Street shelter would continue to isolate the Canal neighborhood with too many people and not enough resources. It would continue to burden the Canal neighborhood unduly, putting the problems "out of sight and out of mind" ofother San Rafael (and Marin) residents . The physical segregation of the area has made it easier for other San Rafael neighborhoods and residents to remain unburdened and unaware of the conditions in the Canal. Grouping so many resources for underserved populations in the greater Canal area -such as the community clinic - further compounds the problems of our neighborhood. It is no wonder we deal with parking issues exceeding anywhere else in San Rafael; ·or litter, garbage, and dumping that would be untenable .in other neighborhoods; or traffic regularly resulting in 1-mile commutes that take 20 minutes. San Rafael is a large city; how is it possible that there is no better place for this shelter? I would invite any interested city _employees or elected officials to visit our neighborhood and walk around with those of us living with these daily realities. I believe we can work together to come up with better solutions that offer housing units and emergency beds to those most vulnerable among us without overburdening further the Canal. Thank you for your time, 2 Kate Sprague SO Sonoma St 3 CITY OF SAN RAFAEL NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION AND NOTICE OF ONLINE PUBLIC HEARING You are invited to view and participate online the City Council hearing on the following project: ONLINE PUBLIC HEARING DATEfflME/PLACE: PROJECT LOCATION: PROJECT DESCRIPTION: AVAILABILITY OF · DOCUMENTS WHAT WILL HAPPEN: IF YOU CANNOT PARTICIPATE ONLINE: FORMORE INFORMATION: Monday, April 6, 2020 at 7:00 P.M. COVID-19 ADVISORY NOTICE Consistent with Executive Orders No.-25-20 and No. N-29-20 from the-Executive Department of the State of California and the Marin County March 16, 2020 Shelter in Place Order, the San Rafael City Council meeting of April 6, 2020 will not be physically open to the public and the meeting will be streamed live to Y ouTube at https://www.youtube.com/channel/UCa0DlHi5ID6sByZUw5F0g9A. Instructions on how to participate online, will be available on the Y ouTube channel. 190 Mill Street, San Rafael Request for the following: a) General Plan (GP) and Zoning Map Amendment to extend the existing adjacent High Density Residential (HDR) GP Land Use and respective High Density Residential (HDRl) Zoning district boundary to include this site; b) Use Permit for expansion of the existing emergency shelter to allow up to 60 beds; and c) request for Fee Waiver Pursuant to Resolution 11025. In addition, the proposed development would include construction of a 24,042 square foot building that would also include construction ofby- right supportive housing development of32 units. APN: 014-192-12; Core Canal Industrial/Office (CCI/O) District; Homeward Bound owners/applicant; File No(s).: GP Al 9-001/ZCl 9-001/UP19-001/P20-001 As required by State law (California Environmental Quality Act) this project is subject to a review of potential environmental impacts. An assessment of potential impacts (Initial Study) has been completed The Initial Study concludes that the project has the potential to result in significant environmental effects. However, the Initial Study finds that the potentially significant impacts can be reduced or eliminated by requiring and implementing recommended measures. The Initial Study recommends the· adoption of a Mitigated Negative Declaration, which includes the recommended mitigation measures. Pursuant to the provisions of the California Environmental Quality Act Guidelines, the Initial Study/Negative Declaration was made available for a 20-day public review period, which ended January 21, 2020. The Draft Initial Study/Mitigated Negative Declaration is available at https://www .cityofsanrafael.org/homeward bound/ You can comment on the project online in real time on YouTube. If you do not have access to the internet, contact the City Clerk to discuss alternative options for remote participation at 415-485-3066. The City Council will consider public comments/testimony and decide whether to approve or deny the project applications. You may send a letter to Lindsay Lara, City Clerk, City of San Rafael, P.O. Box 151560, San Rafael, CA 94915-1560. Contact Alicia Giudice, Principal Planner at (415) 485-3092 or alicia.giudice@cityofsanrafael.org . City offices are currently closed to public walk in, but you can contact the planner for more information. You can also view the staff report after 5:00 p.m. on the Friday before the meeting at http://www.cityofsanrafael.org/meetings. ~SAN RAFAEL ~ THE CITY WITH A MISSION NOTICE OF .ONLINE PUBLIC MEETING -CITY COUNCIL You are invited to view and participate online for the City Council meeting on the following proposed project: PROJECT: 190 Mill Street (Homeward Bound) -Request for the following: a) General Plan (GP) and Zoning Map Amendment to extend the existing adjacent High Density Residential (HOR) GP Land Use and respective High Density Residential (HDR1) Zoning district boundary to include this site; b) Use Permit for expansion of the existing emergency shelter to allow up to 60 beds; and c) request for Fee Waiver Pursuant to Resolution 11025. In addition, the proposed development would include construction of a 24,042 square foot building that would also include construction of by-right supportive housing development of 32 units. APN: 014-192-12; Core Canal Industrial/Office (CCl/O) District; Homeward Bound owners/applicant; File No(s).: GPA 19-001/ZC19-00.1/UP19-001/P20-001. As required bi State law (California Environmental Quality Act), an Initial Study has been prepared to assess potential environmental impacts of the project. The Initial Study concludes that potential impacts that have been identified can be reduced or eliminated through implementation of recommended mitigation measures. The Initial Study recommends the adoption of a Mitigated Negative Declaration, which includes the recommended mitigation measures. Pursuant to the provisions of the California Environmental Quality Act Guidelines, the Initial Study/Negative Declaration was made available for public review for a period of 20 days which started January 2, 2020 and ended January 21, 2020. Comments submitted on the Initial Study/Negative Declaration will be considered by the City Council. MEETING DATE/TIME/LOCATION: Monday, April 6, 2020, 7:00 p.m. COVID-19 ADVISORY NOTICE Consistent with Executive Orders No.- 25-20 and No. N-29-20 from the Executive Department of the State of California and the Marin County March 16, 2020 Shelter in Place Order, the San Rafael City Council meeting of April 6, 2020 will not be physically open to the public and the meeting will be streamed live to YouTube at https://www.youtube.com/channel/UCaQDIHi5fD6sByZUw5FOg9A. Instructions on how to participate online, will be available on the YouTube channel. · FOR MORE INFORMATION: Contact Alicia Giudice, Principal Planner at (415) 485-3092 or alicia.giudice@cityofsanrafael.org. City offices are currently closed to public walk in, but you can contact the planner for more information. You can also view the staff report after 5:00 p.m. on the Friday before the meeting at http://www.cityofsanrafael.org/meetings. WHAT WILL HAPPEN: The City Council will consider public commenUtestimony and decide whether to approve or deny the project applications . HOW TO PROVIDE PUBLIC COMMENTS: You can send written correspondence by email to the address above prior to the meeting, you can · comment online in real-time on YouTube . If you don't have access to internet, contact the City Clerk to discuss alternative options for remote participation at 415-485-3066. Any records relating to an agenda item, received by a majority or more of the Council less than 72 hours before the meeting, shall be available for inspection online. Sign Language interpreters may be requested by calling (4 7 5) 485-3066 (voice), emailing Lindsay.lara@citvofsanrafael.org or using the California Telecommunications · Relay Service by dialing "77 7 ", at least 72 hours in advance of the meeting. Copies of documents are available in accessible formats upon request. ~.d~ SAN RAFAEL ~ THE CITY WITH A MISSION NOTICE OF ONLINE PUBLIC MEETING -CITY COUNCIL You are invited to view and participate online for the City Council meeting on the following proposed project: PROJECT: 190 Mill Street (Homeward Bound) -Request for the following: a) General Plan (GP) and Zoning Map Amendment to extend the existing adjacent High Density Residential (HOR) GP Land Use and respective High Density Residential (HDR1) Zoning district boundary to include this site; b) Use Permit for expansion of the existing emergency shelter to allow up to 60 beds; and c) request for Fee Waiver Pursuant to Resolution 11025. In addition, the proposed development would include construction of a 24,042 square foot building that would also include construction of by-right supportive housing development of 32 units . APN: 014-192-12; Core Canal Industrial/Office (CCl/O) District; Homeward Bound owners/applicant; File No(s).: GPA 19-001/ZC19-001/UP19-001/P20-001. · As required by State law (California Environmental Quality Act), an Initial Study has been prepared to assess potential environmental impacts of the project. The Initial Study concludes that potential impacts that have been identified can be reduced or eliminated through implementation of recommended mitigation measures. The Initial Study recommends the adoption of a Mitigated Negative Declaration, which includes the recommended mitigation measures. Pursuant to the provisions of the California Environmental Quality Act Guidelines, the Initial Study/Negative Declaration was made available for public.review for a period of 20 days which started January 2, 2020 and ended January 21 , 2020. Comments submitted on the Initial Study/Negative Declaration will be considered by the City Council. MEETING DATE/TIME/LOCATION: Monday, April 6, 2020, 7:00 p.m. COVID-19 ADVISORY NOTICE Consistent with Executive Orders No.- 25-20 and No. N-29-20 from the Executive Department of the State of California and the Marin County March 16, 2020 Shelter in Place Order, the San Rafael City Council meeting of April 6, 2020 will not be physically open to the public and the meeting will be streamed live to YouTube at https://www.youtube .com/channel/UCaQDIHi5fD6sByZUw5FOg9A. Instructions on how to participate online, will be available on the YouTube channel. FOR MORE INFORMATION: Contact Alicia Giudice, Principal Planner at (415) 485-3092 or alicia.giudice@cityofsanrafael.org. City offices are currently closed to public walk in, but you can contact the planner for more information. You can also view the staff report after 5:00 p.m. on the Friday before the meeting at http://www.cityofsanrafael.org/meetings. WHAT WILL HAPPEN: The City Council will consider public commenUtestimony and decide whether to approve or deny the project applications. IF YOU WANT TO COMMENT: You can send written correspondence by email to the address above prior to the meeting, you can comment online in real-time on YouTube. If you don't have access to internet, contact the City Clerk to discuss alternative options for remote participation at 415-485-3066. Any records relating to an agenda item, received by a majority or more of the Council less than 72 hours before the meeting, shall be available for inspection online. Sign Language interpreters may be requested by calling (475) 485-3066 (voice), emailing Lindsay.lara@citvofsanrafael.org or using the California Telecommunications Relay Service by dialing "77 7 ", at least 72 hours in advance of the meeting. Copies of documents are available in accessible formats upon request.