HomeMy WebLinkAboutPlanning Commission 2020-02-11 Agenda Packet
AGENDA
SAN RAFAEL PLANNING COMMISSION
REGULAR MEETING
TUESDAY, February 11, 2020, 7:00 P.M.
COUNCIL CHAMBERS, CITY HALL, 1400 FIFTH AVENUE
SAN RAFAEL, CALIFORNIA
• Any records relating to an Agenda Item, received by a majority or more of the board or commission less than 72 hours before the meeting, shall be available for inspection in
the CDD Dept, at 1400 Fifth Ave, Third Floor, San Rafael, CA
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productsTo allow individuals with environmental illness or multiple chemical sensitivity to attend the meeting/hearing, individuals are requested to refrain from wearing
scented products.
.
THE PLANNING COMMISSION WILL TAKE UP NO NEW BUSINESS AFTER 11:00 P .M. AT REGULARLY SCHEDULED MEETINGS. THIS SHALL BE INTERPRETED
TO MEAN THAT NO AGENDA ITEM OR OTHER BUSINESS WILL BE DISCUSSED OR ACTED UPON AFTER THE AGENDA ITEM UNDER CONSIDERATION AT 11:00
P.M. THE COMMISSION MAY SUSPEND THIS RULE TO DISCUSS AND/OR ACT UPON ANY ADDITIONAL AGENDA ITEM(S) DEEMED APPROPRIATE BY A
UNANIMOUS VOTE OF THE MEMBERS PRESENT.APPEAL RIGHTS: ANY PERSON MAY FILE AN APPEAL OF THE PLANNING COMMISSION'S ACTION ON
AGENDA ITEMS WITHIN FIVE BUSINESS DAYS (NORMALLY 5:00 P.M. ON THE FOLLOWING TUESDAY) AND WITHIN 10 CALENDAR DAYS OF AN ACTION ON A
SUBDIVISION. AN APPEAL LETTER SHALL BE FILED WITH THE CITY CLERK, ALONG WITH AN APPEAL FEE OF $350 (FOR NON-APPLICANTS) OR A $4,476
DEPOSIT (FOR APPLICANTS) MADE PAYABLE TO THE CITY OF SAN RAFAEL, AND SHALL SET FORTH THE BASIS FOR APPEAL. THERE IS A $50.00
ADDITIONAL CHARGE FOR REQUEST FOR CONTINUATION OF AN APPEAL BY APPELLANT.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
RECORDING OF MEMBERS PRESENT AND ABSENT
APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS
PUBLIC NOTIFICATION OF MEETING PROCEDURES
URGENT COMMUNICATION
Anyone with an urgent communication on a topic not on the agenda may address the Commission at this time. Please notify the
Community Development Director in advance.
CONSENT CALENDAR
1. Minutes, January 28, 2020
CONTINUED PUBLIC HEARING
2. 190 Mill Street– Request for General Plan (GP) and Zoning Map Amendment and Use
Permit (UP) and Initial Study/Mitigated Negative Declaration. The site currently has a light
industrial (LI/O-GP & CCI/O zoning) classification. The amendments would extend the
existing High Density Residential (HDR) GP Land Use Classification and High Density
Residential (HDR1) Zoning district boundary to include this site. The project also includes
construction of a 24,042 square foot building to accommodate expansion of the existing
emergency shelter to allow 60-beds and add 32 permanent supportive housing units. APN:
014-192-12;Core Canal Industrial/Office (CCI/O) District; Homeward Bound owners/applicant;
File No(s).: GPA19-001/ZC19-001/UP19-001
(This item is being continued to a date certain of Februaruy 25, 2020 – staff initiated)
PUBLIC HEARING
3. Preliminary Consideration of General Plan 2040 Land Use Map, Including Proposed
Amendments – Review of the Preliminary General Plan 2040 Land Use Map, including
proposed amendments in response to new land use categories, staff initiated
changes, and property owner requests. File No(s). GPA16-001 & P16-13. Project Planner:
Barry Miller
4. Annual Meeting of Planning Commission for 2020 to include final review of changes to
Planning Commission “Rules and Procedures”.
DIRECTOR’S REPORT
COMMISSION COMMUNICATION
ADJOURNMENT
I. Next Meeting: February 25, 2020.
II. I, Anne Derrick, hereby certify that on Friday, February 7 2020, I posted a notice of the February 11,
2020 Planning Commission meeting on the City of San Rafael Agenda Board.
In the Council Chambers of the City of San Rafael, January 28, 2020
Regular Meeting
San Rafael Planning Commission Minutes
For a complete video of this meeting, go to http://www.cityofsanrafael.org/meetings
CALL TO ORDER
Present: Shingai Samudzi
Sarah Loughran
Jeff Schoppert
Mark Lubamerksy
Berenice Davidson
Absent: Barrett Schaefer
Aldo Mercado
Also Present: Raffi Boloyan, Planning Manager
Sean Kennings, Contract Planner
PLEDGE OF ALLEGIANCE
RECORDING OF MEMBERS PRESENT AND ABSENT
APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS
The Commission moved Agenda Item #3 (190 Mill Street) to Agenda Item #2
Mark Lubamerksy moved and Berenice Davidson seconded to Continue Item to the Planning
Commission Meeting of 2/11/20. The vote is as follows:
AYES: Shingai Samudzi, Sarah Loughran, Jeff Schoppert, Mark Lubamerksy, Berenice
Davidson
NOES: None
ABSTAIN: None
ABSENT: Barrett Schaefer, Aldo Mercado
PUBLIC NOTIFICATION OF MEETING PROCEDURES
URGENT COMMUNICATION
CONSENT CALENDAR
1. Minutes, January 14, 2020
Mark Lubamerksy moved and Sarah Loughran seconded to approve Minutes as presented. The vote is
as follows:
AYES: Shingai Samudzi, Sarah Loughran, Jeff Schoppert, Mark Lubamerksy, Berenice
Davidson
NOES: None
ABSTAIN: None
ABSENT: Barrett Schaefer, Aldo Mercado
PUBLIC HEARING
2. 999 3rd Street (BioMarin R&D buildings / Whistlestop Senior Center / Senior Housing) –
Request for General Plan Amendment, Planned Development (PD) Rezoning,
Environmental and Design Review Permit , Master Use Permit and Sign Program
amendment for the development of two 72-foot tall, four-story Research and Development
buildings on a 3.05-acre parcel, currently developed as a vacant lot, and a 67-unit, 70-foot
tall, six-story senior center and affordable senior housing building on a 15,000 sq. ft.
portion of the northwestern corner of the parcel; APN’s: (APN ’s: 011-265-01, 013-012-38
and -39 and 013-021-50, -51, -52 -53, -54, -55) ; Second/ Third Mixed Use (2/3 MUE) &
Planned Development (PD1936) Districts; Shar Zamanpour, Applicant; BioMarin / CCCA,
LLC, Owner; Downtown Activity Center neighborhood area; GPA18-001/, ZO18-003/ZC18-
002/ ED18-087/UP18-034/SP18-006/IS18-001/DA19-001. Project Planner: Sean Kennings
Staff Report
Mark Lubamerksy moved and Berenice Davidson seconded to adopt resolution certifying the FEIR with
changed to address Mitigation Measure Trans 1. The vote is as follows:
AYES: Shingai Samudzi, Sarah Loughran, Jeff Schoppert, Mark Lubamerksy, Berenice
Davidson
NOES: None
ABSTAIN: None
ABSENT: Barrett Schaefer, Aldo Mercado
Shingai Samudzi moved and Mark Lubamerksy seconded to adopt resolution 2.b (Findings of
Fact/Statement of Overriding Considerations/Approving MMRP with changes to address Mitigation
Measure Trans 1. The changes are:
1) add a "Whereas" to state that the PC was making a change to Mitigation Measure Trans -1 to clarify
that the 15% reduction is required in perpetuity and that the annual reporting can be reduced to every
three years, after 3 consecutive years of demonstration that they have achieved the reduction.
2) Update #7 on page 2b - 28 and
3) Update Exhibit 2b Attachment 8
The vote is as follows:
AYES: Shingai Samudzi, Sarah Loughran, Jeff Schoppert, Mark Lubamerksy, Berenice
Davidson
NOES: None
ABSTAIN: None
ABSENT: Barrett Schaefer, Aldo Mercado
Mark Lubamerksy moved and Shingai Samudzi seconded to adopt resolution #2c approving the General
Plan Amendment as presented. The vote is as follows:
AYES: Shingai Samudzi, Sarah Loughran, Jeff Schoppert, Mark Lubamerksy, Berenice
Davidson
NOES: None
ABSTAIN: None
ABSENT: Barrett Schaefer, Aldo Mercado
Sarah Loughran moved and Berenice Davidson seconded to adopt resolution #2d - Zoning Ordinance
Text Amendment as presented. The vote is as follows:
AYES: Shingai Samudzi, Sarah Loughran, Jeff Schoppert, Mark Lubamerksy, Berenice
Davidson
NOES: None
ABSTAIN: None
ABSENT: Barrett Schaefer, Aldo Mercado
Berenice Davidson moved and Shingai Samudzi seconded to adopt Resolution #2f - Development
Agreement - with deletion of item #2 under the city obligations that proposed to eliminate the previous
requirement to install a path on the backside of the 788 Lincoln Ave parking garage to create a new publ ic
connection from Lincoln Ave to Second Street
AYES: Shingai Samudzi, Sarah Loughran, Jeff Schoppert, Mark Lubamerksy, Berenice
Davidson
NOES: None
ABSTAIN: None
ABSENT: Barrett Schaefer, Aldo Mercado
Berenice Davidson moved and Mark Lubamerksy seconded to adopt resolution #2G - Design Review,
Use permit for Small Subdivision and Sign Program Amendment with change to Use Permit condition #13
to clarify that the 15% reduction in perpetuity and that the annual reporting can be reduced to every three
years, after 3 consecutive years of demonstration that they have achieved the reduction. The vote is as
follows:
AYES: Shingai Samudzi, Sarah Loughran, Jeff Schoppert, Mark Lubamerksy, Berenice
Davidson
NOES: None
ABSTAIN: None
ABSENT: Barrett Schaefer, Aldo Mercado
3. 190 Mill Street– Request for General Plan (GP) and Zoning Map Amendment and Use
Permit (UP) and Initial Study/Mitigated Negative Declaration. The site currently has a light
industrial (LI/O-GP & CCI/O zoning) classification. The amendments would extend the
existing High Density Residential (HDR) GP Land Use Classification and High Density
Residential (HDR1) Zoning district boundary to include this site. The project also includes
construction of a 24,042 square foot building to accommodate expansion of the existing
emergency shelter to allow 60-beds and add 32 permanent supportive housing units. APN:
014-192-12;Core Canal Industrial/Office (CCI/O) District; Homeward Bound
owners/applicant; File No(s).: GPA19-001/ZC19-001/UP19-001 (THIS ITEM IS
CONTINUED TO A DATE CERTAIN OF FEBRUARY 11, 2020)
DIRECTOR’S REPORT
COMMISSION COMMUNICATION
ADJOURNMENT
___________________________________
ANNE DERRICK, Administrative Assistant III
APPROVED THIS _____DAY OF_______, 2020
_____________________________________
Jeff Schoppert, Chair
Community Development Department – Planning Division
Meeting Date: February 11, 2020
Agenda Item:
Case
Numbers:
GPA16-001 & P16-13
Project
Planner:
Barry Miller, Consulting Project
Manager (415) 485-3423
REPORT TO PLANNING COMMISSION
SUBJECT: Preliminary Consideration of General Plan 2040 Land Use Map, Including
Proposed Amendments – Review of the Preliminary General Plan 2040 Land Use
Map, including proposed amendments in response to new land use categories, staff -
initiated changes, and property owner requests. File No(s). GPA16-001 & P16-13
EXECUTIVE SUMMARY
This staff report is divided into four sections:
• Part 1 provides background information on the 2040 General Plan Update and the General Plan Map
• Part 2 provides a summary of proposed changes to General Plan Map categories
• Part 3 discusses amendments to the Map that are proposed by staff
• Part 4 discusses amendments to the Map that have been requested by property owners, including a
staff recommendation for each request
The Planning Commission will be asked for general direction on the General Plan Map during its meeting
on February 11. A formal recommendation on the proposed amendments is not requested at this time.
Staff will return to the Planning Commission with a Public Review Draft General Plan later in 2020.
Action on the Plan (including the Map) will be requested at that time.
RECOMMENDATION
It is recommended that the Planning Commission take the following actions:
1. Receive a presentation on the General Plan Map
2. Provide comments on staff-initiated amendments
3. Provide comments on property owner-initiated amendments
4. Consider public comments and testimony
PROJECT BACKGROUND
General Plan 2040 Overview:
Every city and county in California is required to develop a General Plan for its future development. San
Rafael’s current General Plan was adopted in 2004. The Plan has been amended several times since its
adoption in response to specific issues, new State laws, and related plans. The Housing Element of the
General Plan was comprehensively updated in 2014 to cover 2015-2023, as required by state law.
The General Plan Update was launched in late 2017 with the objective of moving the Plan’s time horizon
from 2020 to 2040. While the update is primarily a “refresh” of the existing plan rather than a brand new
plan, changes are needed to address the evolving state of the city and region, and to cover global issues
REPORT TO PLANNING COMMISSION Page 2
Case No: GPA16-001 & P16-13
such as climate change and transportation technology. Staff has spent the last two years gathering and
analyzing data on these issues, auditing each goal, policy, and action in the existing General Plan,
drafting new and updated policies, and working with the community to identify issues and vet potential
new policies.
State law requires the General Plan to cover eight mandatory “elements.” These are land use,
transportation, housing, conservation, open space, safety, noise, and environmental justice. San
Rafael’s Plan also includes “optional” elements, addressing such topics as infrastructure, community
design, economic vitality, and parks and recreation. The City’s Plan also includes a Neighborhoods
Element with narrative and policies addressing 30 distinct subareas of the city.
Community Engagement:
A 24-member Steering Committee was appointed by the City Council in December 2017 to guide this
process. The City Council also appointed 22 alternates to backfill Committee positions in the event of an
absence. Commissioner Davidson represents the Planning Commission on the Committee, and
Commissioner Schoppert is her Alternate. The Steering Committee has met 21 times to date and is
expected to wrap up its work in May 2020. The Committee serves as a sounding board for staff on draft
policies and programs and is responsible for reviewing and commenting on draft materials and serving
as a liaison to the community. Meetings occur on the second Wednesday of each month from 6 to 9 PM.
Staff has also convened community workshops on the General Plan, including formal meetings at
community centers and informal “pop-up” workshops at Farmers Markets and the Downtown Art Walk.
The outreach program also has included storefront exhibits, youth participation exercises, and
attendance at numerous meetings of neighborhood associations, civic organizations, and City boards
and commissions. The City maintains two websites for the project — one at www.sanrafael2040.org,
and the other at https://neighborland.com/cities/san-rafael. Both websites offer opportunities for the
public to weigh in on key issues and download information about the project. Staff has also solicited
input from other public agencies, such as the County, the School Districts, the Transportation Authority of
Marin, and other cities.
Downtown Precise Plan:
In May 2018, the City received a grant to prepare a “Precise Plan” for Downtown San Rafael. The
Precise Plan is a critical part of the General Plan Update, as roughly half of the City’s future housing
growth is expected to occur Downtown. The Plan covers a 265-acre area extending from the Miracle Mile
on the west to Montecito Plaza on the east, with Mission Street on the north and 1st Street/ Albert Park
on the south. The Plan will update the 1993 “Our Vision” document and incorporate key
recommendations of the 2012 Station Area Plan, as well as the Parking and Wayfinding Study and other
recent plans covering Downtown. The Precise Plan will address urban design, placemaking, historic
preservation. transportation, parking, economic development, affordable housing. and anti-displacement
strategies.
The Downtown Precise Plan will include a Form Based Code that will replace existing zoning regulations
for Downtown San Rafael. The Code will focus on the design and form of new construction, rather than
the specific activities and uses that may occur in each structure. The intent of the Code is to create a
more walkable, attractive Downtown that better integrates public and private space. The Code is also
intended to reduce regulatory barriers to Downtown housing development.
Environmental Impact Report (EIR):
The General Plan is considered a “project” under the California Environmental Quality Act (CEQA). The
City has determined that an EIR is required and has initiated this process. A scoping session with the
Planning Commission was held on April 23, 2019. The EIR will cover both the General Plan and the
Downtown Precise Plan.
REPORT TO PLANNING COMMISSION Page 3
Case No: GPA16-001 & P16-13
Timeline:
Staff anticipates publication of a Draft General Plan, Precise Plan, and EIR in May 2020. The documents
will be considered in public hearings before the Planning Commission during late Spring and early
Summer before being forwarded to the City Council for adoption.
OVERVIEW OF THE GENERAL PLAN MAP
Purpose of the Map:
The General Plan Map (also referred to as the Land Use Map) has been a core part of the San Rafael
General Plan since the early 1960s. All California cities are required to include such a map in their plans,
illustrating the proposed distribution, location, and extent of housing, business, industry, open space,
recreation, education, and public buildings in the Plan’s horizon year. Cities are given considerable
flexibility in how this information is displayed.
State law also requires that the Land Use Element of the General Plan define the “standards of
population density and building intensity recommended for the various districts and other territory
covered by the Plan.” (Gov Code Sec 65302(a)) This means that multiple residential categories are
shown on the map, each differentiated by the number of housing units allowed per acre (density).
Commercial and industrial categories usually include with a metric (such as floor area ratio) that can be
used to determine the allowable size of buildings.
The General Plan Map is an expression of the pattern of uses envisioned in the horizon year of the Plan
(e.g., 2040). In stable and mature communities such as San Rafael, this pattern matches existing land
uses in most locations. However, the designations may allow different uses or more intense uses in
locations where change is desired in the next 20 years.
Existing General Plan 2020 Map Categories:
The existing General Plan uses 28 categories to distinguish allowable land uses. This is a large number
of categories compared to other general plans for Bay Area cities. For example, the recently completed
Novato General Plan includes 20 categories, while the relatively recent Santa Rosa, Hayward, and
Richmond General Plans each have 19 categories. One reason for San Rafael’s large number of
categories is that the current map incorporates the 1993 Downtown Vision Plan designations, with six
separate categories just for the Downtown area.
SUMMARY OF PROPOSED CHANGES TO GENERAL PLAN MAP CATEGORIES
Changes to the General Plan Map categories are summarized below. The intent of these changes is to
improve consistency between the General Plan and zoning regulations and to streamline the existing
categories. The outcome will be a General Plan Map that is easier to use and administer. Zoning Maps
will retain the finer-grained detail that is now shown on the General Plan Map.
Change 1: Residential Categories are Shifting from Gross Density to Net Density
There are two ways to express residential density. Both use “units per acre”—but with a different
denominator in the equation:
• Gross density is the total number of units per acre in a given area, including internal streets,
easements, common open space, and undevelopable areas.
• Net density is the total number of units per acre in a given area, excluding streets, easements,
open space, and undevelopable areas. In other words, net density only considers the portion of a
site on which buildings may be constructed.
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Case No: GPA16-001 & P16-13
A “gross” density standard is appropriate in cities that are growing outward through the addition of large
single-family subdivision tracts, with new public streets and areas set aside for public parks, schools, and
amenities. Cities that are “built out” typically use a net density standard, recognizing that development
will occur on infill parcels that already have street access. Most Bay Area cities have shifted their
General Plan maps from a gross density standard to a net density standard in the last 20 years,
reflecting their focus on infill development. The shift allows the General Plan and Zoning Ordinance to
use the same standards for density, making it easier to demonstrate consistency and providing more
certainty for property owners, developers, and other stakeholders.
Net density is typically 20 to 30 percent higher than gross density. However, the shift from gross to net
density does not increase the allowable number of units on a given site. In fact, the two metrics are
roughly equivalent in terms of the number of units that may be built. Net density is simply more
predictable, and more appropriate given San Rafael’s developed character.
A comparison of net and gross densities for each residential category is provided below:
Land Use Category
Gross Density
(units per acre)
Net Density
(units per acre)
Corresponding zones
Hillside Resource
Residential
0.1 to 0.5 Less than 0.5 R2a
Hillside Residential
0.5 to 2.0 0.5 to 2.2 R1a, R20
Large Lot Residential 0.5 to 2.0 0.5 to 2.2 R1a, R20
Low Density Residential 2.0 to 6.5 2.2 to 8.7 R10, R7.5, R5
Medium Density
Residential
6.5 to 15 8.7 to 21.8 MR5, MR3, MR2.5,
MR2
High Density Residential 15 to 32 21.8 to 43.6 HR1.8, HR1.5, HR1
Change 2: Consolidation of Downtown Categories
The six General Plan categories corresponding to Downtown San Rafael are being consolidated into a
single category called “Downtown Mixed Use” (DMU). The allowable uses and intensities in DMU will be
established by the Precise Plan, which will be adopted concurrently with the General Plan. A single color
is used to show this area on the map, in lieu of the six colors that now apply. A small residential
neighborhood in the vicinity of Latham Street within the Downtown boundary will retain its existing
residential designation.
Change 3: Consolidation of Office Categories
The existing General Plan Map includes three separate categories for “Office,” “Office-Retail,” and
“Office-Residential.” These categories are being consolidated into a single category called “Office Mixed
Use” (OMU). The definition of OMU states that it includes multiple zoning districts, and that the existing
O, R/O, C/O zones should continue to be used on the Zoning Map to distinguish the mix of uses that are
appropriate in a given OMU area. Thus, consolidation of these categories on the General Plan Map does
not require any changes to the zoning map.
Change 4: Consolidation of Park and Open Space Categories
The existing General Plan includes a “parks” category and an “open space” category. As a result, areas
with the same physical characteristics often have different designations. For example, China Camp
State Park is designated “park” while the adjacent San Pedro Mountain and Henry Barbier open spaces
are designated as “open space.”
The proposed General Plan Map combines parks and open space into a single category. Both
categories already have the same zoning designation (P/OS) so no rezoning is required. This
REPORT TO PLANNING COMMISSION Page 5
Case No: GPA16-001 & P16-13
designation applies to roughly 7,000 acres in the San Rafael Planning Area, making it the single largest
category on the General Plan Map.
A separate map in the Parks, Recreation, and Open Space Element of the General Plan identifies the
different types of open space in the city. These include neighborhood parks, community parks, region-
serving parks, and open space resource areas, among others.
Change 5: Merging Lindaro Mixed Use into Light Industrial-Office
The 2020 General Plan Map included a separate land use designation for a 13-acre light industrial area
along Lindaro and Jordan Streets (Lindaro Mixed Use). Lindaro Mixed Use essentially allows the same
uses allowed in the “Light Industrial-Office” (LI/O category, except that live-work development is
permitted, whereas live work is not permitted in the other industrial designations (LI/O or Industrial (I)
zones.
In General Plan 2040, the two categories have been merged. The definition of Light Industrial-Office
states that it includes multiple zoning districts, including one intended for the Jordan and Lindaro areas,
where live work is permitted. No rezoning will be required since this distinction is codified in the Plan.
Proposed Categories:
Definitions of the proposed General Plan categories are included in Attachment B. The categories
include:
• Six residential categories, carrying forward the six categories used in General Plan 2020 but shifting
the density measurement from “gross” to “net”
• Five mixed use categories (reduced from 14), including Downtown, Community Commercial,
Neighborhood Commercial, Marine, and Office
• Two industrial categories (General and Light Industrial-Office), the same as General Plan 2020
• Six other categories (Public/Quasi-Public, Mineral Resources, Parks and Open Space, Conservation,
Airport/Recreation, and Water)
The Map also includes “undesignated” land, which includes public street rights-of-way, including I-580
and US 101.
The proposed General Plan 2040 land use map also includes a “Sea Level Rise Adaptation Overlay”.
The overlay appears on the Map as a solid line showing the extent of the area that would be inundated
during a 100-year flood, on top of the Bay Wave forecast of sea level in 2050. Policies in the General
Plan will provide direction on ways to mitigate future flood hazards in the overlay area.
MAP AMENDMENTS PROPOSED BY STAFF
Attachment C lists the Map amendments proposed by staff. The Appendix indicates the existing
designation, the proposed designation, and the reason for the change. Assessor Parcel Numbers are
provided where appropriate.
The changes have been grouped into several categories for discussion below.
Category 1: Correction of Scriveners Errors:
A “Scriveners Error” is a map designation that is incorrect. These changes are minor and likely occurred
when the Map was transferred from paper files to a digital format. For example, 999 Las Pavadas and
40 Elena Circle are existing single-family homes that have a General Plan designation of “Parks.” This
unintended designation was applied because each of these homes is adjacent to a small city pocket park
REPORT TO PLANNING COMMISSION Page 6
Case No: GPA16-001 & P16-13
in the Freitas Parkway right-of-way. The sites are being changed to Low Density Residential, consistent
with their actual use.
Category 2: Expanded Mapping of “Public/Quasi-Public” Land Uses:
General Plan 2020 and General Plan 2040 both have a “Public/Quasi-Public” (P/QP) land use category.
The category includes government or quasi-public buildings and facilities, utilities, and similar facilities
owned by public and non-profit agencies. Examples include Dominican University, Marin Academy, City
Hall, and the Marin Civic Center Complex.
A number of public or quasi-public properties were not mapped as P/QP in General Plan 2020 but will be
mapped as such in General Plan 2040. These include:
• All San Rafael City School and Miller Creek School campuses. Most of the campuses were mapped
as Low Density Residential in General Plan 2020. Potentially, this provided greater flexibility to reuse
these sites for housing in the event they were sold. However, mapping public schools as P/QP is
common practice in most General Plans. It identifies these facilities as community assets and
recognizes that they are distinct from the land uses around them.
• Several City and County buildings, including the County Sheriff’s Office (1600 Los Gamos), the City
Public Works Department (111 Morphew), and Fire Station 53 (30 Joseph Ct)
• All parcels owned by Marin Academy (some, but not all, of Marin Academy’s parcels were previously
designated P/QP).
• Marin Tennis Club (similar facilities like the Peacock Gap Golf Course and San Rafael Racquet Club
are already shown with the P/QP designation)
• Caltrans properties that are outside the US 101 right-of-way, including properties along the east side
of Brookdale Drive in the Lincoln Hill neighborhood and the Smith Ranch Park-And-Ride lot.
• A Marin Municipal Water District reservoir (and adjacent MMWD parcels) near the corner of
Ridgewood and Oakwood Drives (Sun Valley area)
Category 3: Expanded Mapping of “Park and Open Space” Land Uses:
Park and permanent open space acreage in San Rafael has expanded since General Plan 2020. There
are also a few existing parks and permanent open spaces that were shown with other designations in
General Plan 2020. The proposed amendments are summarized below:
• Formerly private properties that are now owned and managed as open space by the County of Marin
or the Marinwood Community Services District are being re-designated as “Park and Open Space.”
Most of these areas were shown as Hillside Residential or Hillside Resource Residential in General
Plan 2020. The affected parcels include the recently acquired Bucks Landing (32 acres) and Heron
Hill (16 acres) open spaces east of Santa Venetia, a 12.8-acre site on the west side of Highway 101
in Marinwood (end of Limestone Grade), and the 69.9-acre portion of the “Daphne” property
(Marinwood) that was dedicated as open space when the remainder of the site was subdivided.
These properties are all in the unincorporated area.
• The 46-acre open space preserve above Loch Lomond Highlands is being mapped as Parks and
Open Space (it is currently shown as Hillside Resource Residential).
• Two parcels at the end of Greenwood Avenue (Makin Grade) in the Oakwood Unit 2 subdivision
(Upper Gerstle Park) have recently been dedicated as permanent open space. They are being
shown as such, instead of Hillside Residential.
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Case No: GPA16-001 & P16-13
• Recently developed parks that did not exist when General Plan was adopted are being shown as
Parks and Open Space. These include the “marina green” and playground areas at the Loch
Lomond Marina development.
• The 10-acre Lagoon Park (east of the Civic Center) is being shown as a park rather than as
“Public/Quasi-Public.” Likewise, the upper (hillside) part of the Falkirk Mansion site is being shown
as parkland, similar to the designation at nearby Boyd Park.
• Two cemeteries (Mt Olivet and Mt Tamalpais) are being shown as Open Space in General Plan 2040
(they were shown as Public/Quasi Public in General Plan 2020)
Category 4: Adjustments to Reflect Actual Uses and Densities:
The changes in Category 4 are essentially “housekeeping” amendments that align the Plan with existing
conditions.
There are a few recent development areas where the General Plan shows a different land use or density
than what now exists. The designation in the 2020 Plan is not inconsistent but may not be the “best fit”
for the use. For example, the new 33 North apartment complex (33 San Pablo Ave) near the Civic
Center was a residential project built on a parcel designated “Office” (the parcel was formerly an office
building) The development did not require a General Plan Amendment, because high density housing is
allowed on sites with an Office designation. The General Plan Update provides an opportunity to apply a
designation more reflective of the current and future use, which is High Density Residential.
Another example is the Maria B Freitas Senior Housing development at 455 Freitas Parkway. The site is
designated as “Low Density Residential” on the existing General Plan. There are 61 apartments on a
2.7-acre site, resulting in a density of 22.5 units per acre. This suggests the site should actually be
designated “High Density Residential,” which is what is recommended by General Plan 2040.
A similar situation exists on a site in Santa Venetia (outside the city limits). The Turina House affordable
apartments were developed at 33 units per acre on a site at North San Pedro and LaBrea with a “Low
Density Residential” designation. The site is proposed for re-designation as High Density Residential in
the 2040 Plan to match what was actually built. Just west of this site, the Adrian Terrace subdivision was
developed at a density of 11 units per acre on a site designated “High Density Residential.” The site is
being re-designated “Medium Density Residential” to match what was actually built.
There are also two cases where clustered housing on relatively small lots is designated “Hillside
Residential,” when the correct designation should be “Low Density Residential.” These areas are on
Vista Marin Drive near the Civic Center, and on Partridge Drive in Peacock Gap. While “Hillside
Residential” was the appropriate designation when these sites were undeveloped, they now consist of
permanent common open space areas (shown as Open Space on the Map) and graded areas that have
been developed at 6-8 units per net acre. The developed areas should not be Hillside Residential, since
that designation is intended for steep hillside lots larger than 20,000 square feet.
Category 5: Fine-Grained Adjustments to reflect Zoning and Parcel Patterns:
Staff recommends minor Map amendments for a few areas along the “seam” where different
designations abut each other. The amendments allow the General Plan Map to more accurately reflect
existing uses, parcel patterns, and zoning. The changes are summarized below:
• 257 Glen Park is a multi-unit building (zoned for duplexes) on the edge of a medium density area. It
is being changed from Low Density to Medium Density to reflect existing land use and zoning.
• One parcel in the Montecito area (between Ridge and Union), and a handful of adjacent parcels on
Roberts Avenue block in the Picnic Valley area, are being shifted from “Medium” to “Low” density.
The proposed General Plan designations will match existing uses and zoning.
REPORT TO PLANNING COMMISSION Page 8
Case No: GPA16-001 & P16-13
• Toyota of Marin (445 East Francisco) currently has a split General Plan designation, with the area
along the San Rafael Canal classified as “Marine-Related Commercial.” The proposed 2040 Plan
puts the entire site in the “Community Commercial Mixed Use” designation, which provides greater
flexibility for its future use.
Category 6: Changing “Low Density Residential” Parcels to “Hillside Residential”:
There are two parcels proposed for a change from “Low Density Residential” to “Hillside Residential.”
One is located at 54 Elda Drive (Terra Linda) and the other is at 38 Sirard Lane. The Elda Drive parcel is
a 5.05-acre lot with an existing single family home and is hemmed in by adjacent low-density
development on all sides. The average slope on the site is over 40 percent. The property is currently
zoned R-20, which is consistent with a Hillside Residential designation. The Sirard Lane parcel is 1.41
acres, has limited access, and an average slope of 25 percent. It is in a Planned Development (PD)
zoning district.
Category 7: Civic Station Area Plan Changes:
Two parcels are recommended for a change from “Light Industrial/Office” to “Office Mixed Use,”
consistent with the 2012 Civic Center Station Area Plan. One of the parcels is Northgate Security
Storage (401 Merrydale) and the other is Public Storage (380 Merrydale). The former site is 0.9 acres
and the latter is about 2.0 acres.1 Both are developed with self-storage facilities. The Office Mixed Use
designation would allow office construction and range of commercial uses compatible with office
development. High-density residential use is permitted on sites with this designation. Both sites are
immediately adjacent to the Civic Center SMART station.
Category 8: Formalizing Previously Approved Changes on the Map:
Several General Plan Map Amendments were adopted through City Council resolutions between 2004
and 2019. Some of the changes already appear on the City’s official General Plan Map and some do
not. The 2040 Plan provides an opportunity to correctly show all previously approved amendments.
These include:
• Re-designation of 1540 4th (Marin Academy) from 5th/Mission Residential/Office to Public/Quasi
Public (Dec 2004)
• Current designations for the Loch Lomond Marina development (which was mostly mapped as
“Neighborhood Commercial” and “Marine-Related Commercial” in Aug 2007)
• 226 Magnolia (Dominican University Admissions Office) changed from Large Lot Residential to
Public/Quasi-Public
• Several parcels owned by SMART were re-designated as Public/ Quasi Public (2016)
• A “Water” designation was added to the Map (2016)
• 1820 Pt San Pedro Road was re-designated from “Open Space to “Low Density Residential” (2016)
AMENDMENTS REQUESTED BY PROPERTY OWNERS
Process:
The General Plan Update provides an opportunity for property owners to petition the City for changes to
their current General Plan Map designations. On April 22, 2019, the City of San Rafael issued a “Call for
Amendments” Notice. In addition to sending the Notice to a list of property owners who had previously
expressed interest in this opportunity, the City prepared a pamphlet and press release advertising the
opportunity. Application materials were posted to the project website. A 10-week deadline was provided
for amendment submittals.
1 380 Merrydale is technically two parcels, but one is a “sliver” that is less than 5,000 SF.
REPORT TO PLANNING COMMISSION Page 9
Case No: GPA16-001 & P16-13
Four formal Map amendment requests were received. The City also received proposed text changes from
the owners of two large sites that are specifically addressed by policies in the General Plan Neighborhoods
Element. Staff communicated with the applicants following the June 30,2019 deadline to discuss each
request.
Submitted Applications:
Application 1: 3301 Kerner Boulevard
3301 Kerner is a three-story 25,200 square foot office building constructed in 1983. The parcel is 0.91
acres and is located at the corner of Kerner and Bellam Boulevards. The existing General Plan designation
is Light Industrial-Office. The applicant has requested a change to Community Commercial Mixed Use.
Office buildings are permitted in both designations, and there would be no change to the status of the
existing use if the Amendment is accepted. The zoning for the site could be rezoned to General
Commercial (from Core Canal Industrial Office) concurrently with the adoption of the new General Plan.
Staff Recommendation: Staff recommends incorporating this request in General Plan 2040. Community
Commercial is more consistent with the character of the Bellam corridor than Light Industrial. The corridor
is characterized by retail shops, restaurants, and customer-facing services. Properties across Bellam
Boulevard from the site, and across Belvedere Street to the south, already have commercial designations.
The new designation would provide the flexibility to convert the site to housing in the future, which would
be a desirable use at this location.
Staff further recommends adding 150 Bellam Boulevard (immediately across Bellam from the Kerner site)
to this request. The 0.97-acre parcel currently includes a restaurant, a travel agency, a recording studio,
and several small office tenants. Like 3301 Kerner, it is designated Light Industrial-Office but would be
better defined as Community Commercial. The change would complete the corridor of commercially-
designated properties along both sides of Bellam between the freeway and Kerner Boulevard.
Application 2: Caltrans
Caltrans has requested that the General Plan Map include land use designations on several undesignated
slivers of State property that are now being leased for private use. The areas in question are located along
the elevated section of US 101 near 2nd and 3rd Streets and on both sides of the Andersen underpass on
the east side of Andersen Drive. The sites are used for parking and outdoor storage by nearby businesses.
The requested designations would match the designations on adjacent properties, clarifying the allowable
uses on these sites.
Staff Recommendation: Staff recommends leaving the Caltrans properties “undesignated” and adding
clarifying language to the General Plan that regarding the appropriate uses of undesignated property. The
definition of land use categories (see Appendix B) states that “undesignated” properties include Caltrans
freeway right-of-way. The text notes that in the event such properties are leased, the uses should be
compatible with those on adjacent properties.
Staff does not believe it is appropriate to designate a few isolated Caltrans properties while leaving the
remainder undesignated. Staff has reviewed the General Plans of the other 11 cities in the US 101 corridor
extending from San Francisco to Santa Rosa. All of the cities treat the freeway right-of-way as
undesignated land on their General Plan Maps.
Application 3: 86 Culloden Park Road
The 1.89-acre property at 86 Culloden Park Road in the Fair Hills neighborhood has a split General Plan
designation. The property consists of two legal parcels with the same owner ; the larger 1.19-acre parcel
has a Low-Density Residential designation and the smaller 0.70-acre parcel has a Hillside Resource
REPORT TO PLANNING COMMISSION Page 10
Case No: GPA16-001 & P16-13
Residential designation. The property is in two zoning districts (R-20 and PD 1729). The owner has
requested that the smaller parcel be re-designated to Low Density Residential to match the larger one,
giving the site a single General Plan Map designation.
Staff Recommendation: Staff recommends incorporating this request in General Plan 2040. In this case,
the split General Plan designation is not necessary, as both parcels have similar physical characteristics
and function as a single homesite.
Application 4: 435 DuBois Street (Jackson’s Hardware)
The owner of Jackson’s Hardware at 435 DuBois Street has requested that the General Plan Map
designate the site as “Community Commercial Mixed Use” (CCMU) instead of “Industrial.” The existing
hardware store is consistent with both designations. However, the CCMU designation would allow the
reuse of this property for housing in the future, either in an entirely residential project or a mixed use project.
The site is 2.66 acres and the store is approximately 50,000 square feet. The application notes that the
area immediately across Woodland Avenue from the site is already a high-density residential district, and
the CCMU designation represents a logical transition.
There is no specific proposal to change the existing use of the site at this time. The application merely
recognizes that the General Plan has a 20-year horizon, and that other uses of the site may be viable
during that timeframe. The project applicant has cited a number of policies and actions in General Plan
2020 that support additional housing and has noted that this amendment could help the City address its
housing needs.
Staff Recommendation: Staff recommends retaining the existing “Industrial” designation on this site.
Changing one site alone while leaving the rest of the block in industrial use could result in land use
compatibility issues and adversely impact adjacent industrial and heavy commercial businesses.
Changing the entire block, or even just the Woodland frontage, would render a large number of uses non-
conforming. The site is adjoined on the west by Woodland Center, which includes auto body repair,
furniture repair, auto supply, and other industrial businesses. Other adjacent uses include equipment
rental (to the north) and window and door glass sales (to the east). The Shamrock materials concrete batch
plant and storage yard is about 500 feet to the north.
Staff notes that the site is roughly 4,000 feet (0.75 miles) to the SMART station and transit center, which
is beyond the half-mile radius commonly used to identify priority sites for transit-oriented development. It
is also designated “Industrial,” rather than “Light Industrial-Office”, which is the more common designation
in the City’s business districts. The City has a very limited supply of purely “Industrial” land. General Plan
policies support retaining these areas for the essential industrial services that underpin the city’s economic
base and reduce the need to travel long distances for these services.
Status of Other Key Sites:
Three other sites merit mention in this report and are discussed below.
San Rafael Rock Quarry
The 300-acre Rock Quarry and McNear Brickworks is one of the largest privately held properties in the
San Rafael Planning Area. The property is outside the City limits, but within its sphere of influence. Most
of the site was designated as “Mineral Resources” in General Plan 2020, with low-lying areas and wetlands
designated as “Conservation.” No changes to this designation are proposed in General Plan 2040.
The future of the Quarry is addressed in the Neighborhoods Element of the General Plan. The existing
2020 Plan provides general policies about Quarry operations as well as factors to consider in the event
the Quarry ceases operation during the planning period. The proposed 2040 Plan will include similar
language. The Quarry operators recently applied to the County of Marin to the extend the termination date
REPORT TO PLANNING COMMISSION Page 11
Case No: GPA16-001 & P16-13
of their surface mining agreement by 20 years. This would extend the agreement to 2044, which is beyond
the horizon year of General Plan 2040.
Suggested revisions to the Neighborhoods Element text have been proposed by the Quarry operators and
by the Peacock Gap Homeowners Association (at the City’s request). Staff is evaluating the proposed
language from both parties and drafting revisions accordingly.
Canalways
Canalways was the subject of considerable discussion in General Plan 2020. Most of the site was
designated for “Conservation” in that Plan, with a “Light Industrial-Office” designation applied to about 10
acres in the southern part of the site. The 2020 Plan also called for an extension of Kerner Boulevard
through the site. General Plan 2040 carries the existing Map designations forward, and likewise supports
the Kerner extension. The owners of Canalways have submitted proposed revisions to the Neighborhoods
Element text for the site. These revisions are under consideration by staff. Updated policy language will
be included in the Draft General Plan.
Los Gamos Apartments (Behind 1401 Los Gamos Rd)
As the Planning Commission is aware, the owners of 11 acres behind 1401 Los Gamos Road have
submitted conceptual plans for a 180-unit apartment development. The project would require a General
Plan Amendment from Hillside Resource Residential to either “Medium” or “High” Density Residential. This
project is not included in General Plan 2040 and the amendment is being pursued on a separate track.
The current General Plan 2040 Map retains the Hillside Resource Residential designation for this site.
CONCLUSIONS/NEXT STEPS
The Planning Commission will be asked to comment on the amendments proposed by staff and applicants
at its February 11 meeting. Staff will consider these comments as it refines the Draft Plan and develops
Draft General Plan 2040. Staff anticipates returning to the Planning Commission again before the Draft
Plan is published to address some of the other issues covered in General Plan 2040, such as climate
change adaptation. The Commission also will be briefed on the Downtown Precise Plan.
Once the Draft General Plan, Draft Downtown Precise Plan, and Draft Environmental Impact Report are
formally published, the Planning Commission will convene one or more public hearings to receive
testimony and provide comments. Following a 45-day public review period, the Commission will be
provided with a Draft Resolution recommending approval of these documents (inclusive of any changes
made through public review) by the City Council. Once the Commission approves the Resolution, the
documents will be forwarded to the City Council for adoption. This process is scheduled to occur during
Summer 2020.
CORRESPONDENCE
No correspondence has been received on this Staff Report.
ATTACHMENTS
A. Draft General Plan 2040 Map (PDF file designed for large format printing)
B. Land Use Categories
C. Summary of Staff-Initiated Changes
D. Summary of Amendment Requests
0 1 2 3 40.5
Miles
Planning Area
City Limit
General Plan Land Use Designations 2040
Hillside Resource Residential
Hillside Residential
Very Low Density Residential
Low Density Residential
Medium Density Residential
High Density Residential
Downtown Mixed Use
Community Commercial Mixed Use
Neighborhood Commercial Mixed Use
Office Mixed Use
Public/Quasi-Public
Marine Related Mixed Use
General Industrial
Light Industrial/Office
Mineral Resources
Parks, Recreation, and Open Space
Conservation
Airport/Recreation
Water
San Rafael General Plan
2040 Land Use Map - Draft
B-1
ATTACHMENT B: DRAFT GENERAL PLAN 2040 LAND USE CATEGORIES
RESIDENTIAL CATEGORIES
There are six residential designations used on the General Plan Map. Five of these correspond to
traditional residential neighborhoods while the sixth is applied to constrained, mostly undeveloped
lands with very limited development potential. In all residential areas, the following general conditions
apply:
1. Some of the categories on the General Plan Map have multiple corresponding zoning districts.
The designation of an area with a particular category does not mean that the most intense
zoning district consistent with that category is automatically permitted.
2. The maximum density stated in each case is subject to State density bonus laws. These laws
allow a 35 percent increase in the number of permitted units for projects meeting specific
criteria with respect to the inclusion of affordable housing units.
3. Pursuant to state law, accessory dwelling units may not be counted as a dwelling unit when
calculating the number of units permitted on a property under the General Plan.
4. Other compatible uses, such as schools, child care centers, parks, and religious facilities, may
also locate in areas with this designation, subject to a Floor Area Ratio limit of 1.0.
Hillside Resource Residential (Maximum 0.5 units per net acre)
This designation is intended for privately owned land, typically with geologic or seismic constraints that
limit development potential. Such areas are often located on steep hillsides that are visually significant
and have been identified as having very limited potential through prior development proposals. Hillside
Resource Residential Areas include single family homes on very large acreage tracts, as well as
undeveloped properties.
Hillside Residential (0.5 to 2.2 units per net acre)
Hillside Residential areas are residential neighborhoods characterized by moderate to steep slopes, with
lots that generally exceed 20,000 square feet. These areas may have geologic and seismic constraints,
local visual significance, and access constraints that limit their suitability for development at greater
densities. Many of these areas are in unincorporated Marin County, within the San Rafael sphere of
influence. Examples include the Country Club and Los Ranchitos neighborhoods.
Very Low Density Residential (0.5 to 2.2 units per net acre)
These areas are similar in density to Hillside Residential areas, but are on flat or gently sloping terrain.
Lots are generally larger than 20,000 square feet and are developed with single family detached homes.
Subdivision potential is limited. Land with this designation is concentrated in the Dominican area and
Peacock Gap.
Low Density Residential (2.2 to 8.7 units/net acre)
This designation permits detached single family homes and is characterized by lots of 5,000 to 20,000
square feet. This is the predominant residential development type in San Rafael and includes most of
the city’s single family neighborhoods. Multiple zoning districts apply within Low Density Residential
areas, distinguishing areas with different minimum lot sizes.
B-2
Medium Density Residential (8.7-21.8 units/net acre)
This designation applies to patio home and small lot subdivisions, townhomes, mobile home parks,
duplexes, triplexes, fourplexes, attached units in planned developments, and areas characterized by a
mix of single family homes and small multi-unit buildings. A variety of lot sizes may be present, but
overall net densities may not exceed one unit per 2,000 square feet of lot area (21.8 units/acre). Many
areas with this designation possess the qualities of single family neighborhoods, including landscaped
yards, off-street parking, and low building heights.
High Density Residential (21.8-43.6 units/net acre)
This is the highest density category that applies in residential areas. Densities above this range may be
permitted in the Downtown Mixed Use area only, or where otherwise allowed as a result of density
bonuses. The designation applies to multi-family residential areas and includes a mix of housing types,
including apartments, flats, condominiums, and townhomes. Overall net densities may not exceed one
unit per 1,000 square feet of lot area (43.6 units per acre). On larger parcels with this designation,
amenities such as swimming pools, community rooms, and common open space are often included.
MIXED USE CATEGORIES
There are five mixed use categories on the map. Each category allows a mix of residential and non-
residential uses, although the primary intent is to support employment and revenue generating
activities. Residential uses in these areas may be subject to specific requirements or findings related to
compatibility with adjacent commercial uses and the City’s desire to sustain retail, service, office, and
similar economically-productive uses. Multiple zoning districts may be used in each category to
differentiate the intensity or mix of activities allowed. The most intense zoning district deemed
consistent with a given category is not automatically permitted. As in residential areas, projects
incorporating affordable housing are subject to a State density bonus allowance of up to 35 percent.
Other compatible uses, such as schools, child care centers, parks, and religious facilities, may locate in
each designation, subject to specific requirements codified through zoning.
Downtown Mixed Use (Maximum FAR 2.0)
This category corresponds to properties in Downtown San Rafael. It includes the highest development
densities and intensities in the city, and contains a mix of housing, office, retail, service, and public land
uses. Development in this area is guided by the Downtown San Rafael Precise Plan, which includes
further detail on building form, development intensity, and allowable uses. The maximum FAR of 2.0
applies only where shown in the Downtown Precise Plan; lower FAR and density limits apply on most
parcels within the Precise Plan boundaries. There is no residential density limit in the Downtown Mixed
Use area; however, height and FAR limits define the maximum building envelope on each site with this
designation. Moreover, the total number of net new residential units added within the Downtown
Precise Plan boundary between 2020 and 2040 shall not exceed 2,200.
Community Commercial Mixed Use (21.8-43.6 units/net acre; maximum non-residential FAR 0.30)
This category corresponds to general retail and service uses, restaurants, automobile sales and service
uses, hotels/ motels, and other commercial activities. Offices are also permitted, subject to General
Plan policies regarding priority uses in specific areas. Housing is also permitted, ideally as ancillary to
commercial uses and other activities generating sales tax, jobs, and local service opportunities. Mixed
use projects that combine housing and commercial uses are encouraged. Residential development is
subject to a maximum net density of 43.6 units per acre, as well as General Plan policies that may
B-3
further guide the use of key opportunity sites or corridors. The FAR limit of 0.3 applies to non-
residential square footage only, and excludes square footage associated with housing in mixed use
projects. Lower FAR limits may apply on some parcels, as indicated on Figures # and # (Floor Area Ratio
maps). Areas with this designation include the Northgate Town Center, Merrydale Road area, and
portions of Francisco Boulevard East and West.
Neighborhood Commercial Mixed Use (8.7 to 24.2 units/net acre; maximum non-residential FAR 0.32)
This category corresponds to neighborhood-serving retail and service uses such as pharmacies,
supermarkets, and dry cleaners. Residential and ancillary office uses are allowed, subject to policies in
the General Plan and zoning standards establishing the conditions for these uses. A maximum net
density of 24.2 units per acre applies to projects that include residential uses. The FAR limit of 0.32
applies to non-residential square footage only, and excludes square footage associated with housing in
mixed use projects. Lower FAR limits may apply on some parcels, as indicated on Figures # and # (Floor
Area Ratio maps). Areas with this designation include small neighborhood shopping centers, and
pockets of local retailers, the Regency Theater, and the B Street corridor south of Downtown.
Office Mixed Use (21.8-43.6 units/net acre; maximum non-residential FAR 0.40)
This category corresponds to areas where office is the prevailing land use. Typical activities include
general offices, medical and professional offices, and administrative or headquarters offices. Different
zoning districts have been developed to reflect the specific combinations of uses that are desired in each
area. These include office-residential areas and office-retail areas, as well as a general office district.
Residential uses are allowed in all of these areas, subject to specific zoning standards and permitting
requirements as well as policies in the General Plan. A maximum net density of 43.6 units per acre
applies to projects that include residential uses. The non-residential portion of such properties is
subject to an FAR limit of 0.4. Lower FAR limits may apply on some parcels, as indicated on Figures #
and # (Floor Area Ratio maps).
Marine Related Mixed Use (8.7 to 21.8 units/net acre; maximum non-residential FAR 0.32)
This category includes water dependent businesses such as boat building; boat repair, sales and service
uses; and boat charter services. Other uses that draw people to the waterfront are allowed, including
shopping centers, restaurants, hotels/ motels; retail and parks. Residential use and non-marine related
office is allowed on the second floor and above. Where residential uses are included, they are subject to
a maximum density of 21.8 units per net acre. The non-residential square footage on any given site is
subject to a FAR limit of 0.32. Lower FAR limits may apply on some parcels, as indicated on Figures #
and # (Floor Area Ratio maps).
INDUSTRIAL CATEGORIES
There are two industrial categories on the General Plan Map. Residential uses are generally not
permitted in these areas, so a density standard is not included.
General Industrial (Maximum FAR 0.33)
This is the broader of the two industrial categories, with a variety of production, distribution, and repair
uses allowed. These areas play an essential role in the Marin County economy, create local jobs, and
provide a high volume of tax revenue for San Rafael. General Industrial areas include activities such as
manufacturing, storage and warehouse facilities, motor vehicle service and repair, contractor uses and
yards, wholesalers, sand and gravel plants, solid waste management and recycling facilities, and trucking
B-4
yards or terminals. Uses that are incidental or ancillary to these activities also may occur, including
offices related to the primary use and employee-oriented retail uses. Given the potentially impactful
nature of these uses, buffering and screening may be required to enhance public rights of way and
ensure land use compatibility. A maximum FAR of 0.33 applies, although lower limits may apply on
some parcels as indicated on Figures # and # (Floor Area Ratio maps).
Light Industrial/Office (Maximum FAR 0.38)
Like the General Industrial areas, the Light Industrial/ Office (LI/O) areas are characterized by a variety of
production, distribution, and repair activities. However, the range of industrial uses is more limited than
in General Industrial areas, reflecting the design of these areas as business parks or their proximity to
more sensitive uses such as housing. Typical uses include repair and servicing, “maker” activities
(woodworking and carpentry shops, creative businesses, etc.), research and development, e-commerce
activities, light manufacturing, and tech-related activities. On sites larger than 10 acres with this
designation, and in buildings of 50,000 square feet or greater, region-serving specialty retail uses
(including “big box” type uses) may be appropriate. Other specialty retail uses may be allowed to
occupy minor portions of the LI/O districts provided that intensity and traffic standards are met and the
integrity of the district is not threatened. LI/O districts are subject to a maximum FAR of 0.38, although
lower limits may apply on some parcels as indicated on Figures # and # (Floor Area Ratio maps).
Multiple zoning districts apply within LI/O areas. At least one of these districts, mapped in the Lindaro
Street/ Jordan Road area, includes allowances for live-work development.
PUBLIC, OPEN SPACE, AND MISCELLANEOUS CATEGORIES
Public/ Quasi Public (Maximum FAR 1.0)
This designation denotes public schools, libraries, post offices, churches, public hospitals, and
institutional facilities such as Domincan University and Marin Academy. It also is applied to major utility
properties and public facilities. The maximum FAR is 1.0, although this level of intensity is not
appropriate in all instances. Additionally, exemptions from development standards may be granted if
findings are made that a higher FAR is necessary for public health or safety purposes. While housing is
not envisioned on land with this designation, it may be acceptable in circumstances prescribed by the
General Plan or zoning regulations. In such instances, net densities should be compatible with prevailing
allowable densities in the vicinity and existing improved open space should be retained for public use.
Mineral Resources (Maximum FAR 0.02)
This designation applies to quarry and brick yard uses which utilize mineral resources of regional
significance. It applies only to the San Rafael Rock Quarry and McNear Brick and Block properties on the
San Pedro Peninsula. Future activities on these lands are subject to further policy guidance as provided
by the General Plan.
Parks, Recreation, and Open Space
This designation denotes land which is used for parks, recreation, and open space (PROS), including City
parks, County and State Parks, common open space within private development, cemeteries, and areas
acquired for resource conservation, hazard reduction, and passive recreation such as hiking. Permitted
uses include athletic fields, sports facilities, civic buildings with a primarily recreational or social
function, and leisure-oriented uses such as picnic areas, boat slips, and tot lots. Land with this
designation is further classified in the PROS Element of the General Plan as “improved” or “natural.”
B-5
Conservation
This designation denotes land which is to remain undeveloped due to high environmental sensitivity,
exceptional visual resource value, or hazards such as wildfire, slope instability, and flooding, including
inundation related to sea level rise. Areas with this designation include a combination of privately
owned properties and areas owned by utilities and conservation groups. On private properties, this
designation is generally applied to the portion of the site that has been determined to be undevelopable
due to the factors listed above. The primary objective in Conservation areas is to manage and restore
natural resources, and to minimize environmental hazards and associated threats to life and property.
Where appropriate, compatible activities such as agriculture and recreation may be considered.
Airport/Recreation
This designation applies to the San Rafael Airport. Land uses are governed by a covenant agreed to by
the City, Marin County, and the property owner. The agreement recognizes the unique and valuable
recreational and environmental characteristics of the airport site and identifies a limited range of uses
including airport and ancillary airport services, light industry, utilities, and private and public recreation.
Water
This designation applies to the navigable waters of San Francisco and San Pablo Bays, the San Rafael
Canal, and associated marinas along the San Rafael shoreline. The designation provides an opportunity
for a limited number of water dependent uses which require water access as a central element of their
function and which contribute to the maritime character of the area.
Undesignated Areas
“Undesignated” areas include street rights-of-way and State property associated with US Highway 101
and Interstate 580. In the event that such land is leased or otherwise used for purposes other than
transportation, the activities should be consistent with the General Plan designations on adjoining
private properties.
Attachment “C” – List of General Plan Map Amendments and Corrections Proposed by Staff Page C-1
ATTACHMENT C: SUMMARY OF STAFF-INITIATED GENERAL PLAN 2040 MAP CHANGES
ID Location 2020 Plan 2040 Plan Discussion
CATEGORY 1: SCRIVENER’S ERRORS
1 999 Las Pavadas (APN 175-171-01) Park Low Density Res Hillview Park was digitized on wrong parcel
2 40 Elena Circle (APN 175-311-24) Park Low Density Res Arbor Park was digitized on wrong parcel
3 Vacant lot at end of Meadow Dr in uninc.
Santa Venetia (APN 180-131-10)
High Density Res Park/OpenSpace Unimproved lot at the entrance to Santa Margarita Island
preserve. Publicly owned open space and part of the park.
4 15 Harbor St (APN 014-182-10) 2/3 MU Marine-Related
Mixed Use
This is a waterfront restaurant and bar (Pier 15) in the Canal
Area that was incorrectly digitized with one of the Downtown
land use categories.
5 635 Adrian Way (APN 180-053-23) Park Public/ Quasi-
Public
The parcel contains the Korean Presbyterian Church and is
incorrectly shown as “Park” (the site is between two mini-parks
in Santa Venetia)
6 Cresta Dr (Deer Valley) APN 155-280-09 Undesignated High Density
Residential
This is a small parcel in the Deer Valley area developed with
multi-family housing that has no designation.
CATEGORY 2: EXPANDED PUBLIC/QUASI-PUBLIC DESIGNATIONS
7 All San Rafael City Schools
All Miller Creek Schools
Mostly Low Density
Residential
Public/ Quasi
Public
Properties owned by San Rafael City Schools and the Miller
Creek School District are being mapped as Public/ Quasi-Public
to reflect their ownership and use.
8 Marin County Sheriff’s Office at 1600 Los
Gamos (APN 165-220-11 and 165-220-10)
Office Public/ Quasi
Public
The 1600 Los Gamos building is owned and operated by the
County of Marin for law enforcement, fire protection, and
public safety services.
9 San Rafael Public Works Center. 111
Morphew (APN 009-430-01)
Light
Industrial/Office
Public/ Quasi
Public
Property is owned and operated by the City of San Rafael as the
Public Works Center.
10 Fire Station 53 – 30 Joseph Ct (APN 151-
081-088)
Light
Industrial/Office
Public/ Quasi
Public
Other fire stations are similarly designated Public/ Quasi-Public
11 1618 Fifth Av: Marin Academy (APN 011-
154-01)
Medium Density
Residential
Public/ Quasi
Public
Other Marin Academy parcels are designated PQP. This parcel
was acquired and developed with academic facilities.
12 925 Belle Av - Marin Tennis Club (APN
015-101-10)
Low Density
Residential
Public/ Quasi
Public
Similar facilities (such as the San Rafael Raquet Club and
Peacock Gap Golf Course) have a PQP designation.
Attachment “C” – List of General Plan Map Amendments and Corrections Proposed by Staff Page C-2
ID Location 2020 Plan 2040 Plan Discussion
13 Smith Ranch Rd Park and Ride Lot (APN
155-121-01)
Undesignated Public/ Quasi
Public
Large surface park and ride lot, separate and distinct from the
Highway corridor properties
14 Fifteen Caltrans-owned parcels on the
east side of Brookdale Ave (APNs 011-
075-05 to -08 and 011-094-01 to -11)
Medium Density
Residential
Public/ Quasi
Public
This strip of formerly residentially-designated lots facing
Brookdale Avenue is now owned by Caltrans. It is separated
from US 101 by the SMART right-of-way.
15 NW corner of Lucas Valley Road and US
101 (APN 164-270-04)
Hillside Residential Public/ Quasi
Public
9.36 acre parcel created when the Daphne property was
subdivided. This portion was deeded to Caltrans.
16 Water tank and adjacent public open
space at Ridgewood Dr and Oakwood Dr
(Sun Valley) (APNs 010-011-02, 010-081-
07, 0100081-25, 010-081-26)
Hillside Residential Public/ Quasi
Public
Four parcels owned by MMWD, including a large water storage
tank.
CATEGORY 3: EXPANDED PARK AND OPEN SPACE DESIGNATIONS
17 Lagoon Park (APN 179-270-12) – Civic
Center area
Public/ Quasi-Public Parks and Open
Space
This 10-acre area at the Civic Center, including the lake, island,
lawns, paths, playground, fishing pier, and picnic areas, is
classified as a park by Marin County Parks.
18 Upper elevations of the Falkirk Mansion
tract (APN 011-131-05) – Fairhills area
Public/ Quasi-Public Parks and Open
Space
The Mansion and grounds retain their P/QP designation,
However, the undeveloped upper portion of the site is re-
designated as Parks and Open Space, similar to Boyd Park.
19 End of Limestone Grade (Marinwood)
(APN 164-211-04)
Hillside Resource
Residential
Parks and Open
Space
12.85 acre parcel in the northern part of Marinwood; now
owned by Marinwood CSD and managed as open space.
20 Former Daphne Property (APN 164-270-
04) (Marinwood)
Hillside Residential Parks and Open
Space
69.9 acre parcel, formerly part of the Daphne property
northwest of the 101/ Lucas Valley interchange in
unincorporated Marinwood. Now dedicated as open space.
21 Heron Hill (APN 180-231-05, -06, -07, -09,
and 180-291-04) – east of Santa Venetia
Hillside Residential Parks and Open
Space
This 16-acre area on North San Pedro Road was recently
acquired by Marin County Parks.
22 Bucks Landing (APN 180-171011, 186-
010-20) – east of Santa Venetia
Hillside Resource
Residential
Parks and Open
Space
This 32.1-acre area at the gateway to China Camp State Park
was recently acquired by Marin County Parks.
Attachment “C” – List of General Plan Map Amendments and Corrections Proposed by Staff Page C-3
ID Location 2020 Plan 2040 Plan Discussion
23 Sterling Way (155-050-53) – end of
Professional Center Parkway
Public/ Quasi-Public Parks and Open
Space
When Professional Center Parkway was extended (as Sterling
Way), this parcel had a PQP designation. The portion of the
parcel not occupied by the street is now permanent open
space.
24 Loch Lomond Highlands Open Space
(APN 186-520-19)
Hillside Resource
Residential
Parks and Open
Space
This is a 45.73-acre open space preserve owned and managed
by the Loch Lomond Highlands HOA.
25 Loch Lomond “Marina Green” (fragment
of APNs 016-070-09 and 016-070-018)
Marine Related
Commercial
Parks and Open
Space
This designation applies only to the portions of the Loch
Lomond Marina development that have been developed as
parkland, including the Marina Green and playground areas.
26 Oakwood Unit 2 (APN 012-320-09 and -
10) – end of Greenwood Ave (Gerstle Pk)
Hillside Residential Parks and Open
Space
Reflects recent dedication of two parcels as open space
27 Mt Olivet Cemetery (APN 175-250-15) Public/ Quasi-Public Parks and Open
Space
Cemeteries function as an extension of the open space network
28 Mt Tam Cemetery (APN 177-240-03) Public/ Quasi-Public Parks and Open
Space
Cemeteries function as an extension of the open space network
CATEGORY 4: AMENDMENTS TO REFLECT EXISTING OR RECENTLY APPROVED USES
29 “33 North” (APN 179-511-01) apartments
at 33 San Pablo Av (Civic Center area)
Office High Density
Residential
This is a multi-family apartment building on a former office
building site. Although the use is permitted under the Office
designation, High Density Residential is a better fit.
30 Anise Turina House Apartments (APN
180-1467-31) – 28 apartments on a 0.85
acre site on N. San Pedro Road at LaBrea
in unincorporated Santa Venetia
Low Density
Residential
High Density
Residential
Although the County Plan showed this as a multi-family site,
the City’s plan shows it as a low density site. It has been
developed with apartments and is being corrected here.
31 Adrian Terrace (APNs 180-530-01
through -22, and 180-530-24 through -
33) – 32 small lot single family homes
High Density
Residential
Medium Density
Residential
The actual use of the site is a small lot single family home
development at 11 units per acre. This is located in
unincorporated Santa Venetia on North San Pedro Road.
Attachment “C” – List of General Plan Map Amendments and Corrections Proposed by Staff Page C-4
ID Location 2020 Plan 2040 Plan Discussion
32 Maria B Freitas Senior Housing (APN 175-
181-28) at 455 Freitas Parkway
Low Density
Residential
High Density
Residential
Change reflects existing use, which is a high-density apartment
complex serving lower income seniors
33 Partridge Drive/Partridge Court
subdivision in the Peacock Gap area
(APNs 186-540-01 to -51)
Hillside Residential Low Density
Residential
Change reflects existing density, which is 6 units per net acre.
The current designation allows a maximum density of 2 units
per acre. The common area is designated as Open Space.
34 Vista Marin Drive (APN 180-540-01 to -21
and 180-550-01 to -28) - single family
homes
Hiilside Residential Low Density
Residential
Change reflects existing density, which is 8.4 units per net acre.
The current designation allows a maximum density of 2 units
per acre. The common area is designated as Open Space.
35 The Oaks (APN 164-270-05) - Approved
126 unit assisted living facility in
unincorporated Marinwood
Hillside Residential High Density
Residential
Site approved for assisted living by the County of Marin. The
designation only applies to the parcel where the facility will be
built—the adjacent land is re-designated open space (see #20).
36 Homeward Bound/ 190 Mill St (APN 014-
192-12 and -13) in the Canal area
Light Industrial-
Office
High Density
Residential
Change accommodates the proposed development of 32 units
of supportive housing and counseling/ admin services
CATEGORY 5: FINE-TUNING OF EDGES
37 257 Glen Park (APN 015-021-34) in
Dominican Area. Zoned duplex res.
Low Density
Residential
Medium Density
Residential
Fine tunes the boundary between Low and Medium Density
Residential to acknowledge existing multi-unit RD zoned bldg.
38 235 Union (APN 014-024-15) in
Montecito – rear portion of lot only
Medium Density
Residential
Low Density
Residential
Splits the GP designation on a through-lot between Union and
Ridge so that the Ridge frontage stays Low Density, consistent
with the other lots on Ridge Av. Matches existing zoning.
39 445 Francisco Blvd E (APN 014-133-12
and 014-152-18) – Toyota of Marin
Marine-Related
Commercial
General
Commercial
Change reflects existing use and longer-term opportunity for a
broader range of uses of this site
40 #20, 30, 34, 44 Roberts Av; #10 Glen Av,
#211 Picnic in the Picnic Valley area
(APNs 013-101-09, 013-122-07 to -10,
013-122-02)
Medium Density
Residential
Low Density
Residential
Splits the GP designation on the block to match existing zoning
and land uses and retain the Roberts Av frontage as Low
Density Residential. Multi-family uses on Picnic Av are not
impacted.
Attachment “C” – List of General Plan Map Amendments and Corrections Proposed by Staff Page C-5
ID Location 2020 Plan 2040 Plan Discussion
CATEGORY 6: REDUCTIONS IN ALLOWABLE DENSITY
41 54 Elda Drive (APN 175-082-21) in Terra
Linda
Low Density
Residential
Hillside Residential Constrained 5.05-acre hillside parcel developed with a single
family home, currently zoned R-20, with average slope of 40%.
Better suited as Hillside Residential.
42 28 Sirard Lane (APN 010-052-01) in Sun
Valley
Low Density
Residential
Hillside Residential Constrained 1.41-acre hillside parcel developed with a single
family home, zoned PD, with av average slope of 30%. Better
suited as Hillside Residential.
CATEGORY 7: CIVIC CENTER STATION AREA PLAN
43 380 Merrydale and 401 Merrydale, near
Civic Center SMART station (APNs 179-
041-05, 179-041-22 and -26)
Light Industrial-
Office
Office Mixed Use Public Storage (1.95 ac) and Northgate Security Storage (0.9 ac)
self-storage facilities; identified as office/ potential residential
sites in the 2012 Station Area Plan.
CATEGORY 8: PRIOR COUNCIL RESOLUTIONS
44 Resolution 11682 (2004) changed 1540
5th Avenue (APN 011-195-03) to reflect
Marin Academy ownership
Fifth/ Mission
Residential Office
Public/ Quasi
Public
Parcel no longer exists and is now part of APN 011-195-06. This
change already appears on the City’s official Map.
45 Resolution 12331 (2007) shows the
approved General Plan designations for
the Loch Lomond Marina development
Neighborhood Com,
Marine Com,
Conservation
Neighborhood
Com, Marine Com,
Conservation
No change. This merely formalizes the previously approved
designations.
46 Resolution 12557 (2008) – 226 Magnolia
Ave (Dominican Admissions Office)
Large Lot
Residential
Public/ Quasi
Public
No change. This formalizes the previously approved
designation.
47 Resolution 14242 (2016) –Portions of
SMART Right of Way and several
City/County owned properties
Miscellaneous Public/ Quasi
Public and Parks/
Open Space
This 2016 Resolution acknowledged SMART’s ownership of
several properties along the rail line, and noted several City and
County owned properties as PQP or Open Space.
48 Resolution 14242 (2016) – 1820 Pt San
Pedro Road
Open Space Low Density
Residential
Change approved by Council in 2016 to acknowledge that a
privately held parcel that had been designated open space.
ATTACHMENT D:
MAP AMENDMENT REQUESTS
APPLICATIONS AND SUPPORTING MATERIALS
1. 3301 Kerner
2. Caltrans (misc. properties)
3. 86 Culloden Park
4. 435 Dubois
Map Amendment Request Application 1:
3301 Kerner Boulevard
Supporting Materials
--4C~~'-'-"'...,...-.."---------State: -'-'~oG/III::4----
ment Name (please create a name for your proposed Amendment):
r /.
Site Address (if applicable): ....3""--"1u.12tL.....LI_k~e.~r-#.n~e.::.Lr__________
Parcel Number(s) (if applicable): a;z& ·08" -it,
Acres or Square Feet of lot area:3~'1ft; fl. ""Ae-.
Existing General Plan designation: I-'/"t tit/IrS"""f;lf,'{Existing Zoning: C-t:.. #
Proposed General Plan designation (*): ~l!Ieelt ( Um41e Y'~ /+ /
CONTACT INFORMATION
Applicant: Dt"hn£J r;. " L...If'td,·
Company Name (if applicable): ___________________
Mailing Address:
The undersigned hereby certifies that all information submitted with this application is
complete and correct to the best of my knowledge:
Date: ~1MjJJ..R ~~~~~~.{~0N~}
Application materials must be submitted in PDF format, with four separate PDFs
corresponding to the components identified in the submittal instructions on page 4.
Include "General Plan 2040 Map Amendment Application" in the subject line and send
to raffLboloyan@cityofsanrafael.org.
(*) Please click here to review a list of the proposed General Plan 2040 designations.
Chopse from the list provided.
2
r-
DeSCRIPTION OF PROPOSED AMENDMENT
Please prepare a brief supplemental report that provides responses to the questions
. below:
J. Briefly describe the site! sites under consideration, the curr~nt usels), and the I ~t?
rationale for the General Plan Map change. O.ff" It:,.. iJ',;p,,~ ""/ f, / v
w"J,ttSlj "(l~f$'frrf+!Arh'hJ SjPI'/,J.Att""'r'.#/(j btL; w,,,,,, heh, W'1t"l(l
2. Is there a specific development projecr aflti~ipated for the site at this time? Ilf so, a ~~n ,/,b.
conceptual drawing may be required) N ()
3. What type of development or activity is ultimately envisio~d for the area proposed
for the amendment? re..m, ,t,l.e I ;t1ttr"or' ,p"V" lu~ {"" f-ll'tlS r,JIIf.S
J 1t'hthl," f./
4. Describe the suitability of the area for the proposed designation, considering
adjacent land uses, site features and access, and the surrounding development
pattern. ~V It (. ) J.t'l"qf'''J#I~J i¥l~),.,J.,'7 ht"I.fl, Ate-/1 iIIt ''nIpy,,{/,./-e
It ,-e. "\.-M.t.-(. j A ~ +f( t'"
5. How does your amendment support the policies of the existing General Plan 2020?
()fIGrfHII/"-f/ +17 P/"JlI'tlle. hlJw.tlY/ f',,.. IIw 1'1t-,me ~.r/411Jf.J
6. How Will your amendm'nt support the Guidin Princi les of General Plan 2040?
fI,ut'VJj. f~,. /""" fS7t-'nt C r~.$IA~,""J
7. Please desaibe, in general terms, the potential impacts of your proposal on:
a. The natural environment? N, """, A "'I •
b. Adjacent properties? tVP (;. It~., Co.
c. «Businesses, residents, or property owners in the vicinity? I"I !l/li~'1l Voe
8. Describe ~:/a"':~~ability of infrastructure and public services to serve the type and
intensity of uses allowed by the proposed designation. AX I sf" 7 -t".
9. Are you aware of any opposition to (or support for) your proposed amendment?
(pl~ase describe)? Jl/PIi-"!J/J,t/-tI,n . .5 tll"'1 .r AI/" f-.p~,,,... Sf. !I/II("~~I
",ft'r,IlIYitl WI"; 1fJ,,,,j/ .h, jll'lv,rtr" hilt .t/':j
10. If your proposal has been previously c6nsiderect'what circumstances have
changed to make the proposed amendment appropriate now? /Y/ /I
If you need assistance responding to the questions above, contact Bony Miller at bany.mUler@dtyofsanrafaeLora
EVALUATION CRITERIA
Each amendment request will be generally evaluated based on:
• The level and diversity of community support
• ~ompatibility with adjacent uses
3
. __....._
Map Amendment Request Application 2:
Caltrans – Misc. Properties
Supporting Materials
Supplemental Questions
Please prepare a brief supplemental report that provides responses to the
questions below:
Briefly describe the site/ sites under consideration, the current
use(s), and the rationale for the General Plan Map change.
Currently the State of California Department of Transportation
(CALTRANS) parcels listed are undeveloped (at the most, paved
and lit with potentially minimum impact to surrounding areas)
and are not in the City General Map plan. The State leases the
areas short-term. Temporary uses compatible with these lots
are: parking, storage, adjacent commercial business support and
other uses that would be compatible with properties nearby. The
six parcels identified for which we are requesting inclusion in the
General Plan are grouped in two groups: 1) Downtown San
Rafael (MRN-101-02, MRN-101-16 A&B, and MRN-101-28); and
2) Areas in and around Anderson Drive and Bellum Avenue
(MRN-101-06, MRN-101-15, and a parcel that was the old
offramp that adjoins MRN-101-15 to the West).
Current uses are:
MRN-101-02: access to rear of adjoining business
MRN-101-16 A&B: parking for office building
MRN-101-28: parking for French Quarter Property businesses
that adjoin lot
MRN-101-06: JR AutoBody-this is the only improved parcel of all
listed. Houses an autobody repair/painting business.
Adjacent to 101-06: currently not leased; prior use has been for
construction storage and staging for nearby highway or other
public projects.
MRN-101-15: staging and storage of construction equipment.
State properties are currently not zoned. This has caused
problems in potential tenants not being able to obtain
concurrence from the City on any proposed use to occupy and
lease this site.
Including State property in the General Plan will benefit the City
of San Rafael in many ways. Specifically:
-provide a tangible reference for the City to use as guidance in
determining approvable uses of the parcels
-offer flexibility to the City and prospective tenant in planning
use of State sites
-allow for quicker, easier use/occupancy of the site which in turn
would help keep the property from becoming blighted
2. Is there a specific development project anticipated for the site at
this time? (If so, a conceptual drawing may be required)
The State does not allow development of airspace sites; thus, no
specific development project anticipated at the sites at this time.
3. What type of development or activity is ultimately envisioned for
the area proposed for the amendment?
The State uses these sites for the public highway system. Per 23
CFR 710.403 (b), the Department must assure that all real
property within the boundaries of a federally-aided facility is
devoted exclusively to the purposes of that facility and is
preserved free of all other public or private alternative uses,
unless such alternative uses are permitted by Federal law
(including regulations) or the FHWA. An alternative use, whether
temporary or permanent, must be in the public interest,
consistent with the continued safety, operation and maintenance
of the facility, and such use must not impair the highway or
interfere with the free and safe flow of traffic.
Streets and Highways (S&H) Code 104.12, “Leasing of Airspace,”
authorizes the Department of Transportation (Department) to
lease airspace above, below and adjacent to State highways to
public agencies and private entities in accordance with prescribed
CTC procedures.
We may only lease these “airspace” or “Freeway Lease Areas”
(FLA) short term and for temporary uses. Uses most compatible
have been parking for adjoining businesses or (in the case of the
parcels located south of the downtown area), for storage
supporting contractors and perhaps card dealerships. At the most,
“development” is limited to paving, striping and addition of
lighting-all subject to case-by-case evaluation and approval
within Caltrans departments. Ultimately, the State envisions the
parcels included in the City of San Rafael General Plan with uses
congruent with what the City desires, but within the parameters
of our leasing abilities.
4. Describe the suitability of the area for the proposed designation,
considering adjacent land uses, site features and access, and the
surrounding development pattern. The State is requesting that
the approved uses are in agreement with what the City
designations are, considering adjacent land uses and surrounding
development pattern, as long as it follows what the State/Federal
guidelines allow. The State would like the zoning to compliment
City designated uses.
5. How does your amendment support the policies of the existing
General Plan 2020 The goal of the State is to have the parcels
included as part of the General Plan in a matter compatible with
existing uses; therefore, the request supports the policies of the
existing General Plan as it would allow for better planning for use
of the parcels.
6. How will your amendment support the Guiding Principles of
General Plan 2040? See #5 above
7. Please describe, in general terms, the potential impacts of your
proposal on:
a. The natural environment? N/A
b. Adjacent properties? Creating spaces that may be used for
additional parking or commercial storage helps to provide
acceptable uses compatible with the surrounding area. This
would allow the parcels to be occupied which, in turn,
reduces public dumping and encroachments that can result
in blight.
c. Businesses, residents, or property owners in the vicinity?
Provide extra resources for storage or parking which
benefits businesses.
8. Describe the availability of infrastructure and public services to
serve the type and intensity of uses allowed by the proposed
designation. All should be compatible with City desires and State
constraints so the State would rely on the City to determine which
use is most compatible/complimentary.
9. Are you aware of any opposition to (or support for) your proposed
amendment? (please describe) ? In general, support for having the
State parcels identified on the General Plan would be from parties
who have inquired and wish to utilize or otherwise understand
what uses would be acceptable. Existing businesses and
entrepreneurs support having information available to them
regarding acceptable uses for the area by the City of San Rafael.
10. If your proposal has been previously considered, what
circumstances have changed to make the proposed amendment
appropriate now? N/A
Off-ramp remainder
FLA-04-MRN-101-15
FLA-04-MRN-101-06
Adjacent off-ramp remnant;
no assigned “FLA” number
Approx. 22,000 s.f.
Map Amendment Request Application 3:
86 Culloden Park
Supporting Materials
Supplemental Application Questions
Proposed Land Use Map Amendment
City of San Rafael General Plan 2040
Lands of Andrew Spiegel and Catherine Smith
1. Site Description and Current Use
The site is assessor’s parcel number 011-051-31, which contains approximately 0.692
acres. The parcel’s land use designation under the City’s current General Plan is
“Hillside Residential Resource.” The parcel does not abut any public or private
roadway; it is nestled between the Academy Heights subdivision and homes on
Culloden Park Road. The parcel currently has no structures, landscaping, or utility
lines; it is wooded and, according to Marin County GIS data, has an overall slope of
24.4%, while still containing a sizable expanse of flat terrain.
The parcel exists only as a tax parcel; it is legally merged with our adjacent property at
86 Culloden Park Road, which comprises APNs 011-115-10, 011-115-28, and 011-115-30,
all designated Low Density Residential. As a result, we own a property that is split
down the middle between two land uses: APN 011-051-31 is, for the historical reasons
outlined in Appendix A below, designated Hillside Residential Resource, despite
lacking the very steep slopes or geological properties that typically warrant that
designation. We propose that the city apply the Low Density Residential designation to
APN 011-051-31, which is not only more appropriate, but would also unify our property
under one designation.
2. Current Development Plans
There are no specific plans to develop the site at this time.
3. Eventual Development
The applicants’ property, once unified under the Low Density Residential land use
designation, could one day support the construction of a second single-family home by
the applicant.
4. Suitability for Low Density Residential Development
The property does not have the visual prominence, very steep slopes, or geological
properties that are typical of its current designation as Hillside Residential Resource. A
large portion of the parcel is flat and would easily accommodate a single-family home,
which is the dominant development pattern in the neighborhood. The slope and
elevation of the parcel are comparable to adjacent properties on Culloden Park Road.
The parcel is not visible from surrounding properties. In short, the parcel is better
suited to the Low Density Residential development pattern of Culloden Park Road than
to the Hillside Residential Resource pattern of Academy Heights.
5. Alignment with the General Plan 2020
The General Plan 2020 supports creating new housing while maintaining distinct
neighborhood character. When the parcel was separated from Academy Heights and
attached to the applicants’ existing residence on Culloden Park Road, it effectively
became a part of the Culloden Park Road neighborhood, but the land use designation
was never changed to reflect this. This amendment would harmonize land use policies
across the Culloden Park Road neighborhood. The eventual construction of a single-
family home on this parcel would be in keeping with the existing character of the
neighborhood, filling a vacant parcel surrounded by (but adequately secluded from)
existing homes.
6. Alignment with the General Plan 2040 Guiding Principles
This amendment would support the housing goals of the Guiding Principles by filling
in a vacant lot within an existing neighborhood without detriment or disturbance to
neighbors. Adding a home in this area would also promote a vibrant downtown,
because it would be within walking distance of the rapidly developing West End of
Fourth Street. Finally, this amendment would help to end homelessness by ending the
parcel’s status as a “no man’s land,” a status that has encouraged homeless residents of
San Rafael to camp on it in the past. Removing this “no man’s land” would encourage
homeless residents to seek out shelters and other services rather than squatting on
overgrown private land.
7. Potential Impacts
a. The Natural Environment
The impact on the environment from further development of the applicants’
property would be low. There is already a sizable flat expanse suitable for
building, so minimal grading would be required to build a foundation. There are
no heritage trees on the property that would need to be cleared; any such trees
were apparently removed decades before we acquired any property in the area.
Today the parcel is wooded mostly with smaller, second-growth bay laurels.
b. Adjacent Properties
The impacts to adjacent properties would be minimal. Most of Culloden Park
Road is already designated as Low Density Residential and built out with single-
family homes. This proposal would not affect any of the adjacent homes on
Culloden Park nor change the street’s overall character in any way.
c. Adjacent Property Owners
The topography and wooded character of the parcel would shield any activity
from the view of neighbors, and there are no businesses in the area. Driveway
access to the property would be over the applicants’ own property, and so would
not disturb neighbors.
8. Availability of Infrastructure
All utility services would be provided from existing lines in Culloden Park Road. A
new driveway from Culloden Park Road is feasible and would be similar in length to
the driveways to adjacent properties on the eastern side of Culloden Park Road.
9. Opposition
We are not aware of any existing opposition to this amendment.
10. Previous Consideration
This proposal has not been previously considered.
Appendix A. History of Our Property
The parcel under consideration was historically part of a much larger property owned
by the stone quarry that once operated on the hillside behind our home. This property
was designated Hillside Residential Resource under the 2020 General Plan. Most of the
quarry property was developed as part of the Academy Heights subdivision, but we
acquired APN 011-051-31 from the developer in a lot line adjustment (O.R. 2001-37764)
prior to the recordation of the final subdivision map (2001 R.M. 126). At the time of the
lot line adjustment, we already owned APNs 011-115-10 and 011-115-28, which are not
contiguous with each other, and the lot line adjustment fixed this discontinuity by
transferring the intervening land to us.
At the time of the lot line adjustment, the developer should have initiated a General
Plan land use amendment for the property transferred to us, to reflect that it had been
removed from the Academy Heights property and attached to the Culloden Park
neighborhood. The developer failed to do this. In 2004, upon adopting its 2020 General
Plan, the City partially remedied this discrepancy by re-designating a small portion of
the land we acquired in the lot line adjustment (namely APN 011-115-30) as “Low
Density Residential” to match our primary residency and the surrounding residences
on Culloden Park. But, for reasons that are unclear, a larger portion of these lands
(namely APN 011-051-31) retained the “Hillside Residential Resource” designation of
the old quarry, with the result that we currently own a single property that is split
between two different land uses.
011-051-36
Academy Heights,
Lot 5
011-051-38
Academy Heights,
Lot 6
City of San Rafael General Plan 2040
Proposed Land Use Map Amendment
Lands of Andrew Spiegel and Catherine Smith
LIVE OAK WAYdeed numbers: 93-107203 and 2001-37764 (par t)
current land use designation: Low Density Residential
deed number: 2001-37764 (par t)
current land use designation: Hillside Residential Resource
proposed land use designation: Low Density Residential
011-115-10
0 1 1 -0 5 1 -3 1
011-115-28011-115-30
Map Amendment Request Application 4:
435 DuBois
Supporting Materials
June 28, 2019
Raffi Boloyan
Planning Manager, City of San Rafael
1400 5th Avenue
San Rafael, CA 94901
Re: 435 Du Bois Street
San Rafael, CA
Dear Raffi,
As owner of the property at 435 DuBois Street, San Rafael, I hereby state my support of the proposed map amendment
to redesignate the property at 435 DuBois Street to Community Commercial Mixed Use (21.8 - 43.6 units/net acre;
maximum FAR 0.3) as detailed in the attached application materials.
Very truly yours,
Craig M. Young
Managing Principal, Tidewater Capital
2
Amendment Name (please create a name for your proposed Amendment):
________________________________________________________________
Site Address (if applicable): ________________________________________________________
Parcel Number(s) (if applicable): ____________________________________________________
Acres or Square Feet of lot area: __________________
Existing General Plan designation: ______________________ Existing Zoning: ___________
Proposed General Plan designation (*): _________________________
CONTACT INFORMATION
Applicant: _________________________________________________________________________
Company Name (if applicable): ____________________________________________________
Mailing Address: _______________________________________________________
City: ________________________________________ State: ______________ ZIP:______________
Phone: _____ ________ E-mail: ___________________
AUTHORIZED AGENT
The undersigned hereby certifies that all information submitted with this application is
complete and correct to the best of my knowledge:
Print Name: ______________________________ Date: ___________________________________
Signature: ________________________________
SUBMITTAL STANDARDS
Application materials must be submitted in PDF format, with four separate PDFs
corresponding to the components identified in the submittal instructions on page 4.
Include “General Plan 2040 Map Amendment Application” in the subject line and send
to raffi.boloyan@cityofsanrafael.org.
(*) Please click here to review a list of the proposed General Plan 2040 designations.
Choose from the list provided.
Application Form www.sanrafael2040.org
DuBois Amendment
435 Du Bois Street
2.66 acres
Industrial
013-094-14
Community Commercial Mixed Use
TTC I 435 Du Bois, LLC
San Francisco CA 94104
415-
Craig M. Young 6/28/2019
Industrial
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SAN RAFAEL GENERAL PLAN 2040 MAP AMENDMENT APPLICATION
SUPPLEMENTAL QUESTIONNAIRE
435 DuBois Street
1. Briefly describe the site/ sites under consideration, the current use(s), and the
rationale for the General Plan Map change.
The subject property is an approximately 2.66-acre site, developed with an approximately 50,000 square
foot commercial building and surface parking. The structure houses Jackson’s Hardware, a local
hardware store offering power equipment, paint, outdoor furniture & more, as well as tool rentals.
The applicants are requesting a map change from Industrial to Community Commercial Mixed Use (21.8
– 43.6 units/net acre; maximum FAR 0.3) to facilitate future redevelopment of the site that could
accommodate ground floor commercial with residential above. The property is encumbered by a
longer-dated lease and the property owners look forward to re-envisioning a future development with
Jackson’s Hardware, a fixture of the San Rafael community, in mind. The proposed map amendment
would allow the owners to accommodate the existing commercial use (or a similar use) at the ground
floor with residential use above. Consistent with local, regional and statewide measures to build more
housing, this could provide much needed housing to persons who work in the area, while continuing to
generate sales tax, provide jobs and local service opportunities.
The subject property is unusually large (the minimum lot size in the Industrial zoning district is 6,000
square feet; the subject property is 2.66 acres, or approximately 115,870 square feet, more than 19
times the minimum lot size), and as such affords great opportunity for redevelopment. The proposed
map amendment would facilitate mixed use development on this site, providing a transition from the
existing high-density residential development across Woodland Avenue to the surrounding commercial
and industrial uses.
2. Is there a specific development project anticipated for the site at this time? (If so, a
conceptual drawing may be required).
There is not a specific development project anticipated for the site at this time.
3. What type of development or activity is ultimately envisioned for the area proposed
for the amendment?
The property owners envision future use of the property to be a mixed-use development, likely
incorporating commercial development on the ground level, with residential use above.
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4. Describe the suitability of the area for the proposed designation, considering
adjacent land uses, site features and access, and the surrounding development
pattern.
The subject property is bound by streets on three sides: Andersen Drive to the north, Woodland Avenue
to the south and DuBois Street to the east. The property is transitional in nature, in that it has multi-
family residential development located immediately south of it across Woodland Avenue and
commercial and industrial uses located to the north, east and west. As such, it provides the perfect
opportunity for mixed development, providing a mix of residential and commercial uses to provide a
planned transition from residential to commercial and industrial properties.
The unusually large parcel is flat and easily accessed from each of the three streets that border it. It is
surrounded by multi-modal transportation opportunities, including pedestrian and bicycle routes as well
as its proximity to the nearby Transit Depot and SMART station. All utilities necessary to serve the
parcel already exist at this infill location.
5. How does your amendment support the policies of the existing General Plan 2020?
The opening line of San Rafael General Plan 2020 states: “San Rafael has a long history of city
planning…The result is a city in a lovely natural setting, complete with a thriving Downtown and many
diverse neighborhoods, each with its own identity and character.”
The introduction continues: “Planning is about change: What kind of city will the people who come after
us live in? How can San Rafael become a better place? Since the 1960s, three General Plans have guided
growth and change in San Rafael. This document replaces these earlier plans and provides guidance
towards a horizon year of 2020.”
As mandated by State law, general plans provide the “blueprint” for how a city will develop. Towards
this end, General Plan 2020 identifies seven themes, including the following:
• Keep San Rafael’s ‘hometown’ character – San Rafael is a place unlike any other, mixing the old
and new while retaining a sense of history, providing a comfortable sense of belonging to a
special place.
The proposed land use map amendment would preserve the hometown character of the site by
continuing commercial use at the ground floor, while providing housing above. This mimics
historic San Rafael where the shopkeeper lived above his ground floor shop. The land is
encumbered by a longer-dated lease and the property owners look forward to a future
development with Jackson’s Hardware, a fixture of the San Rafael “hometown” community, in
mind.
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• Improve the appearance of the neighborhoods – San Rafael is a city of neighborhoods both
residential and commercial, and new, attractive and graceful buildings that complement and
enhance existing neighborhoods.
The proposed land use map amendment would provide the opportunity to create new,
attractive and graceful development that would complement and enhance the existing
surrounding neighborhood. The area is in need of an upgrade, and changing the land use to
accommodate housing would provide the incentive to redevelop the aging site.
• Sustain the diversity of the local economy – The strength of San Rafael’s local economy is its
central location as a full service city with a wide range of goods, services, jobs and housing
opportunities.
The proposed land use map amendment would allow continued retail at the ground floor,
providing a range of goods, services and jobs and housing above, the perfect solution to
sustaining the diversity of San Rafael’s economy.
• Increase the housing supply – New homes add to the vitality of San Rafael, retain diversity,
provide housing for people who work here, reduce traffic, and can best be provided in mixed use
commercial and infill areas.
The proposed land use map amendment will not only facilitate much-needed housing, it will add
vitality to the area, providing housing for people who work here and thereby reducing traffic.
Incorporating residential uses on this site would be consistent with local, regional and statewide
efforts to create more housing.
The following discussion cites specific goals and policies from General Plan 2020, that highlight how the
proposed land use map amendment is consistent with General Plan 2020:
GOAL 3: HOUSING NEEDS
It is the goal of San Rafael to have a strong sense of community and responsibility in meeting housing
needs. Historically, San Rafael has provided housing of all types to meet the varied needs of its
population in settings that enhance the feeling of community.
The proposed land use map amendment will facilitate the development of housing on a mixed-use site.
Providing jobs and housing at the same location would enhance the feeling of community.
H-1. Housing Distribution.
Promote the distribution of new and affordable housing of quality construction throughout the city to
meet local housing needs.
The proposed land use map amendment would allow the development of work-force housing in an area
of the City that is job-rich, but lacks new and affordable housing of quality construction.
4
H-2. Design That Fits into the Neighborhood Context.
Recognize that construction of new housing and improvements on existing properties can add to the
appearance and value of the neighborhood if they fit into the established character of the area. Design
new housing, remodels, and additions to be compatible to the surrounding neighborhood. Incorporate
transitions in height and setbacks from adjacent properties to respect adjacent development character
and privacy. Respect existing landforms and minimize effects on adjacent properties.
The proposed land use map amendment would allow mixed-use development on this unusually large
site, retaining the ground floor commercial and introducing residential above. Through the Design
Review process, the City would be ensured quality development that compliments and enhances the
surrounding neighborhood.
H-6. Funding for Affordable Housing.
Given the loss of Redevelopment funds, combined with reductions in federal housing funding, the City's
ability to directly finance affordable housing is significantly diminished. San Rafael's primary tool to
support the development of affordable housing is through its Affordable Housing Ordinance, which
produces both affordable units and generates in-lieu fees. The City will continue to actively pursue
outside funding sources to leverage local funds and maximize assistance. In addition to applying for
those funds directly available to municipalities, the City plays an important role in supporting developers
to secure outside funds.
Pursuant to the City’s Affordable Housing Ordinance, any residential development on the site would be
required to provide affordable housing.
GOAL 4: A DIVERSE HOUSING SUPPLY
It is the goal of San Rafael to have an adequate housing supply and mix that matches the needs of
people of all ages, income levels, and special requirements. San Rafael has a wide range of housing
types. People who work in San Rafael should be able to live here and there should be adequate housing
for seniors and very low-income households.
The proposed land use map amendment would facilitate the development of housing that could serve
the needs of persons working in the area. This particular area of San Rafael tends to be job-rich but
housing poor. Designating the site to allow residential development would be an effort to correct the
disparity, which would have the added benefit of alleviating automobile traffic in the area, eliminating
commutes for nearby workers.
H-10. Innovative Housing Approaches.
d. Live/Work Housing. This type of housing is intended for a resident and their business, typically on
different floors of the same unit, and well suited to San Rafael's downtown.
5
The proposed land use map amendment would facilitate the development of housing above the ground
floor commercial, mimicking how the City first developed, where the shopkeeper lived above his
ground-floor shop. There is a definite lack of this type of housing in San Rafael. This unusually large site,
surrounded by an efficient street system, including streets on three sides of the parcel and in close
proximity to multiple transit options, makes it an ideal location for housing.
H-14. Adequate Sites.
Maintain an adequate supply of land designated for all types of residential development to meet the
housing needs of all economic segments in San Rafael. Within this total, the City shall also maintain a
sufficient supply of land for multifamily housing to meet the quantified housing need of very low, low,
and moderate income housing units. Encourage development of residential uses in commercial areas
where the vitality of the area will not be adversely affected and the site or area will be enhanced by
linking workers to jobs, and by providing shared use of the site or area.
The proposed land use map amendment would facilitate the development of work-force housing in a
commercial area that currently lacks adequate housing. The new development will revitalize the area,
while linking workers to housing and reducing traffic volumes accordingly.
H-14a. Residential and Mixed Use Sites Inventory.
Encourage residential development in areas appropriate and feasible for new housing.
The proposed land use map amendment would facilitate the provision of residential development above
ground floor commercial. This mixed use development would bridge the surrounding commercial uses
with the high density residential development across Woodland Avenue. The size of the site and its
proximity to transit options makes it ideal for residential development.
H-14c. Continue to Implement Zoning Provisions to Encourage Mixed Use.
San Rafael has been effective in integrating both vertical mixed use and higher density residential
development within its Downtown. As a means of further encouraging mixed use in commercial areas
outside the Downtown, General Plan 2020 now allows site development capacities to encompass the
aggregate of the maximum residential density PLUS the maximum FAR for the site, thereby increasing
development potential on mixed use sites. The City will continue to review development standards to
facilitate mixed use, including:
a. Encourage adaptive reuse of vacant buildings and underutilized sites with residential and mixed
use development on retail, office, and appropriate industrial sites.
b. Explore zoning regulation incentives to encourage lot consolidation where needed to facilitate
housing.
c. Review zoning requirements for retail in a mixed use building or site, and amend the zoning
ordinance as necessary to allow for residential-only buildings in appropriate mixed-use zoning districts.
6
The proposed land use map amendment would facilitate adaptive reuse of the underutilized site by
retaining commercial uses on the ground floor, while providing housing on upper floors.
H-14d. Air Rights Development. Take an active role in evaluating the feasibility of air rights development
and consider possible zoning incentives for such development. Encourage developers of affordable
housing to utilize air rights, such as above public parking lots or commercial uses Downtown.
The proposed land use map amendment would essentially enable air rights development of housing
without sacrificing the ground floor commercial. Jackson’s Hardware has been a fixture of the San
Rafael community for many years and the property owners look forward to envisioning future
development of the site with Jackson’s Hardware.
H-15. Infill Near Transit.
The existing site, home of Jackson’s Hardware is an infill site that is located on Andersen Drive, a major
arterial serving the West Francisco Boulevard area. Multiple transit options are available, including bus
service on Andersen Drive, bike and pedestrian walkways on Andersen Drive and the nearby San Rafael
Transit Center and SMART train station. Allowing mixed use development on this site would provide the
perfect solution to accommodating residential uses on an infill site near transit.
Neighborhood Elements
Goal 5: Distinctive Neighborhoods
It is the goal for San Rafael to have neighborhoods of integrity and distinctive hometown character. San
Rafael is a city of neighborhoods that support each other and provide a network of parks, gathering
places and services. The unique identity, distinctive design and upkeep of each neighborhood will
continue to be a source of pride.
The proposed land use map amendment would facilitate mixed use development on this existing
commercial site. The opportunity to redevelop the site to include residential use would be a golden
opportunity to update and upgrade this fatigued site, encouraging similar upgrades on surrounding
sites. The addition of residential use to this site would be an appropriate upgrade to the neighborhood,
linking the high density residential across Woodland Avenue with the surrounding commercial uses.
This unique opportunity would reflect San Rafael’s distinctive historic hometown character, providing
housing and jobs in the same neighborhood. Jackson’s Hardware has been a fixture of the San Rafael
community for many years and the property owners look forward to envisioning future development of
the site with Jackson’s Hardware.
NH-3. Housing Mix.
Encourage a housing mix with a broad range of affordability, character, and sizes. In areas with a
predominance of rental housing, encourage ownership units to increase the variety of housing types.
7
The proposed land use map amendment would open the door to residential use on the site. The
unusually large site could accommodate a housing mix with a broad range of affordability, character and
sizes, which varies from the existing high-density rental apartments located just across Woodland
Avenue.
NH-10. Neighborhood Centers.
Support the vitality of attractive, viable neighborhood centers by using incentives to encourage desired
mixed-use, local-services and to create areas for the community to gather. Assist these centers to adapt
to changing community needs. Retain existing neighborhood centers unless it can be clearly
demonstrated that local-serving uses are not economically feasible.
The proposed land use amendment would accommodate mixed-use development, allowing residential
uses on this commercial site. Allowing a mix of uses would encourage neighborhood vitality, both on
the subject site and in the surrounding neighborhood. Adding residential units puts life into the
neighborhood in the evenings and on weekends, when this neighborhood typically is very quiet.
NH-102. Industrial Area and Design Improvement
Upgrade building design and landscaping as redevelopment or remodeling occurs. Evaluate the design of
projects considering views from the Bret Harte neighborhood, the proposed rail transitway, and
Andersen Drive, with particular attention paid to rooftop design and screening of mechanical equipment.
New building facades facing Andersen Drive and the proposed rail transitway should be given design
attention equal to that of any front façade.
The proposed land use map amendment would provide the incentive to redevelop this site, upgrading
building design and landscaping and providing the opportunity to screen existing rooftop equipment.
Andersen Drive is a major arterial, and the opportunity for new building facades and landscaping
provides the ability to provide an exciting street frontage and welcoming entryway to the City.
NH-106. Land Uses Near Residential Areas.
Design new or redeveloped properties facing Woodland Avenue to create a transition between
residential uses west of Woodland and heavier industrial uses in the area. Encourage light industrial uses
that minimize adverse impacts. Give special attention to landscape screening of buildings and outdoor
storage and to screening rooftop equipment given rooftop visibility from higher elevations.
The proposed land use map amendment would provide the incentive needed to redevelop this key
property along Andersen Drive and Woodland Avenue. This site is key to creating a transition between
the residential uses west of Woodland Avenue and heavier industrial uses in the area. Allowing mixed
use development on this site would allow commercial use on the ground floor and housing above,
providing the link between residential uses and heavier industrial uses in the area.
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Neighborhood Circulation
NH-108. Entries into Bret Harte Neighborhood.
Encourage better landscaping, pedestrian sidewalks and building façade upgrades on major streets
leading into the Bret Harte neighborhood, including Woodland Avenue, Irwin Street, Lovell Avenue,
Lindaro Avenue and DuBois Street.
The proposed land use amendment would facilitate the opportunity to redevelop this unattractive site
with attractive building facades, landscaping and pedestrian circulation on Woodland Avenue, DuBois
Street and Andersen Drive. The subject property is located such that it is a key entry into the Bret Harte
neighborhood as well as Downtown San Rafael.
Circulation
San Rafael’s key circulation improvement strategy is to create a safe and well-managed transportation
network that provides greater choice for the traveler and limits, or even reduces, congestion on our
roads. Various roadway improvements, improved regional and local transit, expanded bicycle and
pedestrian networks, and improved connections between the different modes will help to lessen reliance
on the single occupancy vehicle and reduce emissions. Additionally, Land Use and Housing policies
supporting mixed-use development, higher densities around transit hubs, and retention of neighborhood
retail and services will further promote transit use and help reduce new trips.
General Plan 2020 includes numerous goals and policies that promote mixed use development. The
proposed land use map amendment would facilitate mixed use development of the existing site,
promoting circulation policies that would allow residents to live near their jobs, eliminating the need to
commute in from distant areas. The subject property is surrounded by a transportation network that
provides efficient access to pedestrian and bicycle networks, the Transit Depot and SMART station.
The Circulation Element of the General Plan is closely tied to the Land Use Element. The Circulation
element ensures that the transportation network – including roads, transit, and bicycle and pedestrian
facilities are designed to accommodate the City into the future. The focus of this element is on managing
the City’s infrastructure, expanding transportation options for San Rafael citizens, and allowing patterns
of development that support walking, bicycling and transit use as alternatives to driving.
The subject site is surrounded by a transportation network, including roads, bus and train transit and
bicycle and pedestrian facilities. This network provides the ideal setting for mixed use development,
introducing residents to an area that supports walking, bicycling and transit as alternatives to driving.
GOAL 14: A safe and efficient street system.
The subject property is surrounded by an efficient street system, including Andersen Drive, DuBois
Street and Woodland Avenue, making it ideal for mixed use redevelopment.
9
Goal 15: Connections between neighborhoods.
It is the goal of San Rafael to have convenient connections between neighborhoods. Our neighborhoods
are conveniently and directly connected to one another and to activity centers. The daily life of our
residents is enhanced because they are more easily able to reach workplaces, schools, shopping, and
recreation areas by foot, bike or transit.
The proposed land use map amendment would facilitate mixed-use development on the site, linking
commercial and residential development, not only on the subject site, but in the surrounding area. The
addition of housing to this site will enhance the daily lives of residents as areas by foot, bike and transit.
6. How will your amendment support the Guiding Principles of General Plan 2040?
The theme of General Plan 2040 is A Thriving City. This is based on a foundation of open space
preservation, great neighborhoods, revitalized downtown, sense of community, historic legacy and
quality public services. The proposed land use map amendment supports this foundation in that it
would promote mixed use development in an aging neighborhood, preserving the historic commercial
use while adding residential use. The result will be a great neighborhood, that is preserving historic
legacy while creating a sense of community.
General Plan 2040 identifies five areas of guiding principles that will shape the future of our City:
adapting to the future, economic vitality, opportunity for all, housing our growing community and
mobility. With regard to adapting to the future, the proposed map amendment will put life back into an
aging neighborhood by retaining the existing commercial use at the ground floor while providing
housing above, thereby accommodating change, adapting to economic shifts and embracing innovation.
With regard to economic vitality, the proposed amendment would offer the opportunity for those who
work locally to live locally. City business leaders have identified the top challenge in their businesses as
the inability to hire and retain employees. This is especially obvious in lower paying jobs where
employees cannot afford to live locally. Because there are opportunities in similar positions closer to
their homes, eliminating the time and cost associated with commuting, employees often quit shortly
after being hired. The proposed map amendment would accommodate commercial on the ground floor
with the opportunity to create housing above, allowing workers to live in the same neighborhood where
they work.
The guiding principle of opportunity for all would be met by the proposed map amendment in that it
could provide housing opportunities for persons of various income levels, including those that are
currently homeless. Eliminating long commutes would also promote health and wellness in the
community.
The proposed map amendment would further the guiding principle of housing our growing community
in that it would create opportunities to build more housing, increase housing choices for the local
10
workforce, potentially meet special housing needs and improve housing affordability. This would all be
accommodated on an in-fill site, where infrastructure is already in place to support the development.
Finally, with regard to the guiding principle of mobility, the proposed map amendment would allow
mixed use development, providing housing and commercial uses to co-exist, effectively reducing
congestion by providing housing close to jobs, potentially improving bicycle and pedestrian modes while
putting residents close to existing public transit, and reducing neighborhood conflicts.
7. Please describe, in general terms, the potential impacts of your proposal on:
a. The natural environment?
Because the subject property is already developed and surrounded by developed parcels, the proposed
land use map amendment would accommodate residential development with no impact on the natural
environment.
b. Adjacent properties?
The proposed land use plan amendment would facilitate redevelopment of the site, linking existing
residential development on Woodland Avenue with surrounding commercial uses. The mixed use would
promote somewhat of a bridge between the two uses. The land use plan amendment would encourage
new building facades, landscaping and hardscaping elements that would improve this dated site and be
a benefit to adjacent properties. Often redevelopment of one property encourages upgrades on
adjacent properties.
c. Businesses, residents, or property owners in the vicinity?
Businesses, residents and property owners in the vicinity would all benefit from the proposed land use
plan amendment, as it would facilitate redevelopment of this tired site. Additionally, allowing
residential use on the site would provide housing for workers in the area, thereby reducing traffic
volumes associated with commuting.
8. Describe the availability of infrastructure and public services to serve the type and
intensity of uses allowed by the proposed designation.
The proposed land use map amendment would allow mixed use redevelopment of an existing site that is
surrounded by residential and commercial uses. Because the redevelopment would be infill
development, all utilities, infrastructure and public services needed to serve the site are already present.
9. Are you aware of any opposition to (or support for) your proposed amendment?
(please describe)?
11
We are unaware of any opposition to or support for our proposed amendment.
10. If your proposal has been previously considered, what circumstances have
changed to make the proposed amendment appropriate now?
Our proposal has not been previously considered.
Community Development Department – Planning Division
Meeting Date: February 11, 2020
Agenda Item:
Case Numbers:
P19-12
Project Planner:
Ali Giudice (415) 485-3092
REPORT TO PLANNING COMMISSION
SUBJECT: Annual Meeting of Planning Commission for 2020 Follow-up Discussion on Planning
Commission “Rules and Procedures”
EXECUTIVE SUMMARY
On January 14, 2020, the Planning Commission held the Annual Meeting of the Planning Commission for
the 2020 planning period. At this meeting, the Commission elected officers, assigned DRB liasons, and
considered changes to the Rules and Procedures related to exparte communications and to the
convening of Planning Commission meetings on non-action items. The Planning Commission agreed to
add language related to convening of meetings for non-action items but felt that additional guidance from
the City Attorney was needed on the topic of ex parte communications. Subsequent to the meeting, staff
consulted with the City Attorney. The City Attorney provided input related to ex parte communications,
but also provided additional input on the topic related to the convening of meetings with non-action items.
Based on input from the City Attorney staff has the following recommended changes:
1. Ex parte Communications – The Commission discussed the proposed changes to the Order of
Speaking portion of the Commission rules governing the conduct of public hearings on quasi-
judicial agenda items as they relate to disclosure of Ex parte Communications. The Commission
discussed the level of detail needed in these disclosures and felt that this topic needed input from
the City Attorney. Subsequent to the meeting, staff received the requested input from the City
Attorney. The Rules and Procedures document has been revised accordingly to add the following
language under Section I.2.c.1.:
The Chair shall call for commissioners to make ex parte disclosures and potential conflict
of interest disclosures with respect to the proposed project. Ex parte contacts are substantive
oral or individual written communications concerning quasi-judicial matters that occur outside of
noticed public hearings.
2. Quorum for Informational Presentations - Last year we had an instance where the Planning
Commission was to receive an informational presentation on the status of the Downtown Precise
Plan, however, staff realized that there was not a quorum of the Commission. Because the item
was an information item with no action to be taken, staff recommended that the Commission
proceed with the meeting. However, there is nothing in the Rules and Procedures that discusses
how to handle this type of situation. On January 14, 2020, the Planning Commission considered
changes to the Rules and Procedures to address convening of meetings that involved non-action
items and agreed to changes with some modifications. However, subsequent to the Planning
Commission meeting, the City Attorney provided input on staff’s recommended changes (as
modified by the Commission) and had concerns about the Planning Commission convening a
meeting without a quorum. For that reason staff is now recommending the following changes to
Section II(F):
F. Study Sessions/Workshops/Informational Presentations
1. The Commission may be convened as a whole or as a committee of the whole in the
same manner as prescribed for the calling of a special meeting for the purpose of holding a study
REPORT TO PLANNING COMMISSION Page 2
session, or for presentations of informational items, provided that no official action shall be taken.
and no quorum shall be required.
RECOMMENDATION
It is recommended that the Planning Commission take the following action:
• Accept changes to the Planning Commission “Rules and Procedures;”
OPTIONS
The Planning Commission has the following options:
1. Modify the Rules and Procedures as recommended in the staff report;
2. Modify the “Rules and Procedures” for review and direct staff to return with revised document for
consideration at a future meeting;
3. Identify additional areas for further study and direct staff to return with recommended revisions to
the “Rules and Procedures” for action at a future meeting;
4. Continue this upcoming year with the current “Rules and Procedures” as adopted on January 9,
2018
EXHIBITS
1. Draft revised Planning Commission “Rules and Procedures,” dated February 11, 2020
EXHIBIT 2-1
PLANNING COMMISSION RULES AND PROCEDURES
CITY OF SAN RAFAEL
Revisions Adopted at Annual Planning Commission Meeting of January 9, 2018February
11, 2020
I. Organization and Officers
A. Organization
1. The Planning Commission shall consist of seven regular members appointed by
the Mayor with the approval of the City Council and shall be organized and
exercise such powers as prescribed by the City Charter and by the San Rafael
Municipal Code (City Code).
2. The term of the Commission members is four years with a staggered expiration
schedule.
3. Vacancies on the Commission for other than expiration will be filled by
appointment for the un-expired portion of the term.
4. If any Commissioner should have three consecutive, unexplained absences from
regular meetings of the Planning Commission as shown in the roll call of the
official minutes, the Chair may recommend to the City Council that the seat be
relinquished.
5. If any Commissioner wishes to request a leave of absence for three to six
consecutive meetings, the request shall be made to and approved by the Chair. A
request for a leave of absence for more than six consecutive meetings shall be
made to and approved by the City Council.
B. Officers
1. Selection
a. A Chair and Vice-Chair shall be elected from among the Commission's
membership at the Annual Meeting held the first meeting of the calendar year,
to serve for a one year period. It is intended that the Chair and Vice -Chair be
rotated among the Commissioners based on tenure, as defined by total years
of service. In the event the years of service are identical, tenure will be
determined in alphabetical order. It is the general rule that a Commissioner
shall not serve as Chair more than once in seven consecutive years. However,
in the event that: 1) a position is vacated; 2) a Commissioner is not interested
in serving as an officer; or 3) there is limited tenure among the other
Commissioners, then a Commissioner can be appointed as an officer more
than once in seven years.
b. The Vice-Chair shall serve as Chair in the following year.
EXHIBIT 2-2
c. The Chair and Vice-Chair may not succeed themselves. However, in the event
that the current Chair or Vice-Chair has served less than a year, the
Commission may choose to re-elect her/him for an additional term.
d. The Vice-Chair shall succeed the Chair if he/she vacates the office, and shall
serve the un-expired term of the Chair. The Commission shall elect a new
Vice-Chair to serve the un-expired term of that office. Selection shall be based
on seniority.
e. In the absence of the Chair and Vice-Chair, the member of the Commission
with the longest tenure, as defined by total years of service, shall preside over
the meeting. In the event that the years of service are identical, seniority will
be determined by alphabetical order.
2. Responsibilities
The responsibilities and powers of the officers of the Planning Commission shall
be as follows:
a. Chair
- Preside at all meetings of the Commission.
- Call special meetings of the Commission in accordance with legal
requirements and the Rules of Procedure.
- Sign documents of the Commission.
- See that all actions of the Commission are properly taken.
- Assist staff in determining agenda items.
- The Chair shall be an ex officio member of all committees with voice but not
vote.
b. Vice-Chair
During the absence, disability or disqualification of the Chair, the Vice-Chair
shall exercise or perform all the duties and be subject to all the responsibilities
of the Chair.
C. Duties and Powers
1. The Planning Commission shall have the power to recommend to the City
Council, after conducting a public hearing, the adoption, the amendment or the
repeal of a General Plan, a Neighborhood or Specific Plan, the Zoning Ordinance
of the City Code, or a site-specific master plan for a Planned Development (PD)
District, or any part thereof, for the physical development of the City.
2. The Planning Commission shall exercise such functions with respect to
environmental review, land subdivisions, land use and planning, design review,
and zoning, as may be prescribed by City Code, City resolution, and State law.
3. The Commission shall advise the City Council on those matters falling within its
charged responsibilities in a manner reflecting concern for the overall
development and environment of the City as a setting for human activities.
EXHIBIT 2-3
D. Rules of Order
Except as otherwise provided in these Rules of Procedure, "Roberts Rules of Order,
Newly Revised" shall be used as a guide to the conduct of the meetings of the
Planning Commission, provided, however, that a failure of the Commission to
conform to said rules of order shall not, in any instance, be deemed to invalidate the
action taken.
II. Meetings
A. Public Meetings
All meetings shall be held in full compliance with the provisions of state law,
ordinances of the City and these Rules of Procedure.
B. Regular Meetings
1. Regular meetings shall be held on the second and fourth Tuesdays following the
first Monday in each month, at 7:00 p.m. in the Council Chambers of the City
Hall, unless otherwise determined by the Commission. All regular meetings must
be held within the city limits of San Rafael.
2. Whenever a regular meeting falls on a public holiday, no regular meeting shall be
held on that day. Such regular meeting may be rescheduled to another business
day, or canceled by motion adopted by the Planning Commission. All meetings
must be held within the city limits of San Rafael.
3. A meeting of the Commission may be canceled by the Chair for lack of a quorum,
no pending business, or any other valid reason. Such cancellation may be made at
any time prior to the scheduled meeting. All efforts shall be made by the
Community Development Department staff to notify those involved at the earliest
possible time. Prior to the scheduled meeting, the Community Development staff
shall post a cancellation notice on the City of San Rafael public hearing board, the
City website and at the prescribed location of the meeting.
C. Adjourned Meetings
In the event it is the wish of the Planning Commission to adjourn its meeting to a
certain hour on another day, a specified date, time, and place must be set by a
majority vote of the Commissioners present, prior to the regular motion to adjourn.
D. Special Meetings
Special meetings of the Planning Commission may be held at any time upon the call
of the Chair or by a majority of the voting members of the Commission or upon
request of the City Council following at least 24 hours notice to each member of the
Commission and to the press. The time and place of the special meeting shall be
determined by the convening authority. At least 24 hours prior to the scheduled
EXHIBIT 2-4
special meeting, the Community Development staff shall post a notice of the meeting
on the City of San Rafael public hearing board, the City website and at the prescribed
location of the meeting.
E. Annual Meeting
The Annual Meeting of the Planning Commission will be held at the first meeting of
the calendar year. The meeting will be devoted to the election of a Chair and
Vice-Chair for the ensuing year and any other business scheduled by the
Commission.
F. Study Sessions/Workshops/Informational Presentations
1. The Commission may be convened as a whole or as a committee of the whole in
the same manner as prescribed for the calling of a special meeting for the purpose
of holding a study session, or for presentations of informational items, provided
that no official action shall be taken and no quorum shall be required.
2. Such meetings shall be open to the public.
G. Notification
Public Hearings and Discussion Items - Notice of the time, place/ items to be
considered and action pending shall be given in accordance with the requirements of
the City Code and State Law.
H. Agenda
1. An agenda for each meeting of the Commission shall be prepared by the
Community Development Director or staff in consultation with the Chair.
2. A staff report shall be prepared for each item and-distributed to the Planning
Commission and made available to the public a minimum of 72 hours prior to a
regular meeting.
3. A copy of the agenda shall be posted in City Hall 72 hours before a regular
meeting.
4. Items not appearing on the agenda cannot be acted upon or discussed by the
Commission. However, the Commission may take action under the following
circumstances:
a. If the Commission finds, by majority vote, that an emergency situation must be
addressed. An "emergency situation” is limited to work stoppages and
crippling disasters;
b. If by a two-thirds vote (or a unanimous vote if two-thirds of the members are
not present), there is a need to take immediate action and the need for action
came to the attention of the Commission and staff after the agenda was posted.
Prior to discussing such items, the Commission shall publicly identify the item
and shall provide the public an opportunity to provide comment on the item.
EXHIBIT 2-5
5. Members of the public may address the Commission on any agenda item, and
may, at the beginning of the meeting, address the Commission on any issue that is
not listed on the agenda, provided that the issue is within the jurisdiction and
powers of the Planning Commission.
I. Order of Meetings
1. The Order of business shall be as follows:
a. The Chair shall take the chair at the hour appointed for the meeting and shall
immediately call the meeting to order.
b. The Chair shall lead a pledge of allegiance.
c. Members present and absent shall be recorded.
d. The order of the agenda shall be approved as submitted or revised by a
majority vote of the Commissioners present.
e. The public shall be advised of the procedures to be followed in the meeting
including the protocol and time frames for public comment.
f. Any member of the audience may comment on any matter which is not listed
on the agenda.
g. The minutes of any preceding meeting shall be submitted for review and
approval by a majority vote of the Commissioners present at that preceding
meeting.
h. The Commission shall then hear and act upon those proposals scheduled for
consideration or public hearing.
i. Director's Report.
j. Commission Communications.
k. Adjournment.
2. Presentation or Hearing of Proposals
The following shall be the order of procedure for hearings/discussion items
concerning planning and zoning matters:
a. The Chair shall announce the subject of the public hearing/discussion item, as
noticed.
b. If a request is made for continuance, a motion may be made and voted upon to
continue the public hearing to a definite time and date (noticing not required)
or a time and date to be determined (re-noticing required).
c. Order of Speaking.
The order of speaking shall be as follows:
1. The Chair shall call for commissioners to make ex parte disclosures and
potential conflict of interest disclosures with respect to the proposed
project. Ex parte contacts are substantive oral or individual written
EXHIBIT 2-6
communications concerning quasi-judicial matters that occur outside of
noticed public hearings.
2. Staff provides a report on the project and summarizes its compliance with
San Rafael's General Plan, compliance with State laws and the City Code,
the status of environmental review, and the staff recommendation for
action(s) by the Commission.
23. The public hearing is opened.
34. The applicant makes a presentation to the Commission.
45. The public speaks to the Commission.
56. The Commission may ask questions or obtain facts or clarification from
staff, the applicant or the public after each segment of the agenda.
67. The public hearing is closed.
78. The matter is returned to the Commission for discussion and action.
d. Rules of Testimony
The rules of testimony shall be as follows:
1. Upon opening the public hearing, the Chair shall invite the public to speak
by inviting each speaker (one-at-a-time) to approach the podium. On large
or controversial projects where many people wish to provide public
testimony, the Chair may request that speaker cards be filled-out and
submitted.
2. Persons presenting testimony to the Commission are requested to identify
themselves by name and place of residence.
3. Persons presenting testimony to the Commission shall be limited to three
(3) minutes for their presentation. An extension of this time limit may be
granted at the Chair’s discretion.
4. If there are numerous people in the audience who wish to participate on
the issue and it is known that all represent the same opinion, a
spokesperson should be selected to speak for the entire group. At the
Chair’s discretion, the spokesperson may be granted additional time
beyond the three (3) minute limit for his or her presentation.
5. To avoid unnecessary repetitive evidence, the Chair may limit the number
of speakers or the time on a particular issue.
6. Irrelevant, defamatory, or disruptive comments will be ruled out of order.
7. No person shall address the Commission without first securing the
permission of the Chair.
8. All comments shall be addressed to the Commission. All questions shall
be made or directed through the Chair.
e. Applicant Presentations
EXHIBIT 2-7
Applicant presentations shall comply with the guidelines developed by the
Planning Commission. Applicants shall be limited to a maximum of ten (10)
minutes for their presentation, inclusive of all members of the applicant’s
team (if applicable). An extension of this time limit may be granted at the
Chair’s discretion.
J. Motions
1. A motion to adjourn shall always be in order except during roll call.
2. The Chair of the Commission, or other presiding officer, may make and
second motions and debate from the Chair subject only to such limitations of
debate as are imposed on all members of the Commission.
K. Voting
1. Voting Requirements
a. A quorum shall consist of four members.
b. The affirmative vote of a majority of the quorum present is necessary for
the Commission to take action on all matters other than those listed under
Section c below.
c. Certain votes of the Commission require a majority vote of the entire
Commission (4 votes) to carry. These are:
▪ Adoption or amendment of a General Plan or any part thereof.
▪ Adoption or amendment to any Neighborhood or Specific Plan or any
part thereof.
▪ Adoption or amendment to the Zoning Ordinance of the City Code or
amendment thereto.
▪ Adoption or amendment to a site-specific master plan for a Planned
Development (PD) District.
▪ Other actions as required under federal or state law. (These will be
dealt with as they arise.)
d. When a member of the Commission abstains from voting on any matter
before it because of a potential conflict of interest, because the
Commissioner does not believe he/she can be objective, or because the
Commissioner was absent at any previous hearing on an item, said vote
shall not constitute nor be considered as either a vote in favor of or
opposition to the matter being considered. Abstentions shall not be
allowed for any other reason.
e. A tie vote shall be recorded as a failure of action to pass. A tie vote on a
motion defeats the motion.
2. Roll Call Vote
Any Commissioner, the applicant or an appellant can request a roll call vote.
3. Recording of Votes
EXHIBIT 2-8
The minutes of the Commission's proceedings shall show the vote of each
member, including whether they were absent, abstained from voting, or failed
to vote on a matter considered.
4. Disqualification from Voting
A member shall disqualify himself/herself from voting in accordance with the
State Political Reform Act and other applicable state law. When a member is
disqualified, he/she shall state, prior to the considerations of such matter by
the Commission that the member is disqualifying himself/herself due to a
possible conflict of interest and shall then leave the voting area.
III. Review and Amendments Procedure
A. These Rules of Procedure shall be reviewed at the Annual Meeting of each year. On
an ad hoc basis, the chair may appoint a subcommittee to review these rules prior to
the meeting. The review subcommittee shall present their recommendations for
amending or not amending these rules. Minor changes may be brought forward by
staff for the Commission's consideration.
B. In addition, these Rules of Procedure may be amended at any meeting of the Planning
Commission by a majority of the membership of the Commission provided that notice
of the proposed amendment is received by each Commissioner not less than 5 days
prior to said meeting.
(Approved May 9, 2000. Revised February 26, 2002, December 14, 2004, May 29, 2007, January 27, 2009 and January 9, 2018)
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