HomeMy WebLinkAboutPlanning Commission 2020-02-25 Agenda Packet
AGENDA
SAN RAFAEL PLANNING COMMISSION
REGULAR MEETING
TUESDAY, February 25, 2020, 7:00 P.M.
COUNCIL CHAMBERS, CITY HALL, 1400 FIFTH AVENUE
SAN RAFAEL, CALIFORNIA
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the CDD Dept, at 1400 Fifth Ave, Third Floor, San Rafael, CA
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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, February 11, 2020
CONTINUED PUBLIC HEARING
2. 190 Mill Street - General Plan Amendment, Zoning Amendment, and Use Permit to: a)
extend the existing high density residential general plan land use (HDR) to include the
subject property; b) extend zoning district (HR1) boundary to include the subject property;
and c) a Use Permit for a new existing emergency shelter to replace existing shelter to be
demolished, and consideration of concessions and incentives to exceed maximum lot
coverage and maximum building height. The above applications, if approved, would allow for
a “by-right” approval process for the construction of 32 100% affordable supportive housing
units, as required by Assembly Bill 2162; APN: 014-192-12; Canal Core Industrial/Office
(CCI/O) District; Homeward Bound owners/applicant; File No(s).: GPA19-001/ZC19-
001/UP19-001
(This item was continued from the February 11, 2020 Planning Commission Meeting)
DIRECTOR’S REPORT
COMMISSION COMMUNICATION
ADJOURNMENT
I. Next Meeting: March 10, 2020.
II. I, Anne Derrick, hereby certify that on Friday, February 21 2020, I posted a notice of the February 25,
2020 Planning Commission meeting on the City of San Rafael Agenda Board.
In the Council Chambers of the City of San Rafael, February 11, 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
PLEDGE OF ALLEGIANCE
RECORDING OF MEMBERS PRESENT AND ABSENT
Present: Barrett Schaefer
Sarah Loughran
Mark Lubamersky
Jeff Schoppert
Aldo Mercado
Berenice Davidson
Absent: Shingai Samudzi
Also Present: Alicia Giudice, Senior Planner
Barry Miller, Project Manager
APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS
PUBLIC NOTIFICATION OF MEETING PROCEDURES
URGENT COMMUNICATION
CONSENT CALENDAR
1. Minutes, January 28, 2020
Jeff Schoppert moved and Berenice Davidson seconded to approve Minutes as presented. The vote is
as follows:
AYES: Sarah Loughran, Mark Lubamersky, Jeff Schoppert, Berenice Davidson
NOES: None
ABSTAIN: Barrett Schaefer, Aldo Mercado
ABSENT: Shingai Samudzi
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 February 25, 2020 – staff initiated)
Barrett Schaefer moved and Berenice Davidson seconded to continue item to the Planning Commission
of 2/25/20. The vote is as follows:
AYES: Barrett Schaefer, Sarah Loughran, Mark Lubamersky, Jeff Schoppert, Aldo Mercado,
Berenice Davidson
NOES: None
ABSTAIN: None
ABSENT: Shingai Samudzi
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
Staff Report
No action was taken. The Commission provided comments and direction on the Land Use approach.
4. Annual Meeting of Planning Commission for 2019 to include final review of changes to
Planning Commission “Rules and Procedures”.
Staff Report
Aldo Mercado moved and Sarah Loughran seconded to approve changes (as modified to the PC) to the
Rules and Procedures related to:
a) convening of meeting on Study Sessions/Informational Items; and
b) ex parte communications.
The vote is as follows:
AYES: Barrett Schaefer, Sarah Loughran, Jeff Schoppert, Aldo Mercado, Berenice Davidson
NOES: Mark Lubamersky
ABSTAIN: None
ABSENT: Shingai Samudzi
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 25, 2020
Agenda Item:
Case
Numbers:
GPA19-001/ZC19-001/
UP19-014
Project
Planner:
Ali Giudice (415) 485-3092
Jayni Allsep
REPORT TO PLANNING COMMISSION
SUBJECT: 190 Mill Street (Homeward Bound) – General Plan Amendment, Zoning Amendment,
and Use Permit to: a) amend the existing General Plan land use designation from LI/O
to HDR; b) rezone the property from CCI/O to HR1; c) approve a Use Permit for a new
emergency shelter to replace existing shelter to be demolished; and d) consider
concessions to exceed maximum lot coverage and maximum building height. The
above applications, if approved, would allow for a “by-right” approval process for the
construction of 32 100% affordable supportive housing units, as required by Assembly
Bill 2162; APN: 014-192-12; Canal Core Industrial/Office (CCI/O) District; Homeward
Bound owners/applicant; File No(s).: GPA19-001/ZC19-001/UP19-001
EXECUTIVE SUMMARY
This project is being referred to the Planning Commission for review of applications that would allow the
development of a new building that would contain 32 permanent supportive housing units and a 60-bed
emergency shelter at 190 Mill Street that would replace the existing shelter that has operated at the site
since 1986.
The State has recently adopted legislation related to housing and housing production and in some cases
obligating municipalities to establish streamlined “by right” processes for review of qualifying affordable
housing projects. Projects that meet affordability and other criteria must be evaluated through a by-right
process where only objective standards are applied. The City has begun exploring the creation and
adoption of “By-Right” Objective Standards; however, none exist at this time. With the 190 Mill Street
development applications now submitted and under consideration by the City, this project serves as a pilot
for the “by-right” zoning process mandated by the State for affordable housing projects. The intent is to
streamline the review of such projects, which will significantly reduce soft costs and the process timing for
developers/applicants.
Amendments to the City’s General Plan Land Use Map and Zoning Map are proposed that would change
the designated land use from light industrial/office to high density residential. A Use Permit is required for
the emergency shelter. In addition, the applicant is requesting approval of concessions permitted under
State law for density bonuses and other incentives: one to exceed the maximum 60% lot coverage for the
HR1 District, and one to exceed 36-foot maximum building height.
If the requested amendments and Use Permit are approved, the applicant would seek a “by-right” approval
of the proposed supportive housing and emergency shelter building, which would require demolition of the
existing emergency shelter.
The City supports the proposed amendments, Use Permit, and request for concessions because they
would allow redevelopment of the project site with a 60-bed emergency shelter to help reduce the number
REPORT TO PLANNING COMMISSION - File Nos: GPA19-001/ZC19-001/UP19-014 Page 2
of unsheltered homeless, and 32 supportive housing units that would help meet the City’s obligation for
providing affordable supportive housing and needed services.
The General Plan and Rezoning actions are not categorically exempt from the California Environmental
Quality Act (CEQA) and therefore, an Initial Study (IS) was prepared to identify and evaluate potentially
significant impacts to the environment that could result from the proposed project. The Initial Study
concluded that all potential impacts could be mitigated; therefore, adoption of a Mitigated Negative
Declaration (MND) is recommended. The IS/MND was released for a 20-day public review period
beginning on January 2, 2020 and ending on January 22, 2020.
As demonstrated in the analysis contained in this report, the project is overall consistent with objectives of
the City’s General Plan and Zoning Ordinance, and staff recommends approval of the proposed
amendments and the Use Permit.
RECOMMENDATION
It is recommended that the Planning Commission:
1) Adopt the attached Resolution (Exhibit 2a) recommending to the City Council adoption of the
Mitigated Negative Declaration and approve MMRP prepared for the Homeward Bound of Marin
Project at 190 Mill Street;
2) Adopt the attached Resolution (Exhibit 2b) recommending to the City Council adoption of a General
Plan Amendment to change the existing Light Industrial/Office (LI/O) land use designation of the
site to the high-density residential (HDR) land use designation;
3) Adopt the attached Resolution (Exhibit 2c) recommending to the City Council adoption of a Zoning
Map Amendment to modify the existing Canal Core Industrial/Office (CCI/O) zoning classification
of the site to high-density residential zoning classification (HR1);
4) Adopt the attached Resolution (Exhibit 2d) approving Use Permit 19-001 for a new emergency
shelter to replace existing shelter to be demolished; and consideration of concessions to exceed
60% maximum lot coverage and 36-foot maximum building height for HR1 District.
PROPERTY FACTS
Address/Location: 190 Mill Street Parcel Number(s): 014-192-12
Property Size: 13,500 Square Feet Neighborhood: Canal Neighborhood
Site Characteristics
General Plan Designation Zoning Designation Existing Land-Use
Project Site: Light Industrial/Office
(LI/O)
CCI/O Emergency Shelter (55
beds)
North: High Density Residential
(HDR)
HR-1 Multi-Family Residential
South: Light Industrial/Office (LI/O) CCI/O Auto Repair
East: GC, Public/Quasi-Public
(P/QP)
CCI/O Auto Repair/Storage
West: Marine Related M-C Auto Repair
REPORT TO PLANNING COMMISSION - File Nos: GPA19-001/ZC19-001/UP19-014 Page 3
Site Description/Setting:
The property is a 13,500 square foot parcel located at
190 Mill Street, on the corner of Mill Street and Harbor
Street. The site was developed in the early 1960s with
the existing 4,792 square foot single-story building and
associated parking lot containing 12 spaces. The site
has operated as an emergency shelter since 1986 and
is currently being used as an emergency shelter
operated by Homeward Bound. There are several
outbuildings located along the north east corner of the
property. The property has a General Plan land use
designation of LI/O and a zoning classification of
CCI/O, both of which are Industrial land use
classifications. Emergency shelters are allowed within
this designation with a Use Permit (see Background
section for Use Permit discussion).
Uses surrounding the property are mostly auto repair
shops, automobile storage and some marine related uses.
However, there are some residential uses southwest of the
project site (across Harbor Street), and to the north of the
property at 575 Canal Street is an existing 12-unit multi-
family residential building with covered parking located on
the first level. From the corner of Harbor and Canal going
east, developed properties consist of predominately multi-
family residential uses.
BACKGROUND
Recent Legislation Supporting the Production of Affordable Housing
In 2017, the State adopted a number of State Bills related to housing and housing production and in some
cases obligating municipalities to establish streamlined “by right” processes for r eview of qualifying
affordable housing projects. Two relevant Bills are discussed below:
Assembly Bill 2162
Assembly Bill 2162 (AB2162), adopted in 2018, applies statewide and broadens the requirements of
Government Code Section 65583 that supportive housing projects must be considered through a
ministerial “by right” process without discretionary review. The process is intended to remove the
discretionary process and the requirement for CEQA review. A qualifying project includes the following:
Affordability. All of the proposed residential units (excluding managers’ units) must be dedicated as
affordable to lower income households for a period of at least 55 years.
At least 25% of the total number of units, or 12 units (whichever is greater) must be restricted for
residents of supportive housing;
Supportive Services must be provided on site. For projects with more than 20 units at least 3% of the
non-residential floor area must be dedicated to supportive services.
Projects that meet the above criteria must be evaluated through a by-right process where only objective
standards are applied. The City has begun exploring the creation and adoption of “By-Right” Objective
Standards; however, none exist at this time. Please see the analysis section below.
575 Canal Street
190 Mill Street
REPORT TO PLANNING COMMISSION - File Nos: GPA19-001/ZC19-001/UP19-014 Page 4
Government Code Section (GCS) 65583 existed prior to adoption of AB2162, however the provisions for
“by right” supportive housing broadened under this bill. Another important element of GCS 65583 is that
it requires local agencies to establish zones where emergency shelters are allowed as a permitted use and
also zones where emergency shelters can be permitted through a use permit. In cases where a use permit
process is required, a local agency must establish a process that is objective (non-discretionary) by
adopting quantifiable development standards and written performance standards that can be applied to
the project. The City has adopted such standards under Zoning Code Section 14.16.115.
Senate Bill 2 (SB2)
On March 28, 2019, California Housing and Community Development Department (HCD) launched the
SB2 Planning Grants Program (PGP). A Notice of Funding Availability (NOFA) was released for
approximately $123 million, the statewide revenue earmarked for local government grants. The purpose
of the Planning Grants Program is to provide financial and technical assistance to local governments to
update planning documents to:
Accelerate housing production;
Streamline the approval of housing development;
Facilitate housing affordability;
Promote the development of housing; and
Ensure geographic equity in the distribution and expenditure of allocated funds
Under this grant program, local governments are provided an eligibility allowance based on community
population. The City of San Rafael falls within the “medium localities” category (defined as a locality with
a population between 60,000 and 200,000), which is eligible for up to $310,000 in grant funding.
On October 30th, 2019, the City was successfully awarded all $310,000 in grant funding for the following
projects to facilitate future housing development:
1. Countywide Inclusionary Zoning Study and Housing Mitigation and Commercial Linkage Fees grant
project;
2. Objective Design and Development Standards toolbox and manual for reviewing by-right projects
(includes projects that qualify under SB35 and AB2162);
3. By-Right Affordable Housing Overlay Zone;
4. Online Permit Guide; and
5. Web-Based Permit Management System.
As part of this effort, the City will use SB2 funds to develop a ‘by-right’ zoning process and overlay zone
for the review and approval of affordable housing development projects located within the HR-1 (High
Density Residential) Zoning District. The intent is to streamline the review of such projects, which will
significantly reduce soft costs and the process timing for developers/applicants.
The City is continuing to work with a consultant on developing a list of objective standards that could be
used to evaluate all projects that qualify for by-right ministerial review. Staff presented a first draft of these
standards last year and received feedback from both the Design Review Board and the Planning
Commission with direction that more work was needed to focus the objective standards.
With the 190 Mill Street development applications now submitted and under consideration by the City, this
project serves as a pilot for the “by-right” zoning process mandated by the State for affordable housing
projects. The City has worked cooperatively with Homeward Bound of Marin to identify development
standards that are considered objective and already adopted by the City to be incorporated into the design
and planning of their Mill Street Center development proposal.
REPORT TO PLANNING COMMISSION - File Nos: GPA19-001/ZC19-001/UP19-014 Page 5
HISTORY
Use of the Site
The project site was developed in the 1960s as an office building that was originally used as a physical
therapist’s office. In 1986, a use permit was issued to allow the site to be used as an emergency shelter
managed by Marin Housing Center. This site has been used for such use since that time and is now
managed by Homeward Bound, the current property owners.
In 1993, the Use Permit for the emergency shelter was amended to allow for a modest expansion that
added 800 square feet of floor area, increased day services, and increased the maximum number of beds
from 30 to 40. Over the last many years, the number of beds available at the shelter has been between 40
and 55 beds.
In April 2019, Homeward Bound submitted applications requesting a general plan amendment, zoning
amendment, and use permit for the proposed project.
In light of the recent State legislation adopted and the City’s efforts to remove barriers to affordable
housing, the City considered ways that would facilitate this project and other affordable housing projects,
including several legislative changes that would provide for a “by-right” zoning process and expand where
height bonuses could be granted for affordable housing projects.
Planning Commission Study Session
On December 10, 2019, the Planning Commission held a Study Session to consider the project at 190 Mill
Street along with other possible legislative changes to facilitate more affordable housing projects. During
this Study Session, the Planning Commission suggested that the legislative changes being contemplated
were premature and perhaps too broad to consider at this time in absence of objective standards adopted
for by-right processing of affordable projects. At the Study Session meeting, one resident from the Canal
neighborhood spoke during the public comment period and expressed concern about any expansion of
the existing emergency shelter, citing littering and loitering of people in the area as the primary concerns.
The Commission indicated that they may be able to support a General Plan and Zoning Map amendment;
however, the formal review on this item would need to respond to the following questions:
Applicant needs to make a better justification for how the requested amendments can be justified
given the surrounding industrial uses.
Applicant needs to provide a response on how they will address site maintenance related to the
emergency shelter
PROJECT DESCRIPTION
The project consists of amendments to the San Rafael General Plan 2020 Exhibit 12 - Land Use Map and
the Zoning Map, and a Use Permit that would allow the development of a new building that would contain
32 permanent supportive housing units and a 60-bed emergency shelter that would replace the existing
emergency shelter that has operated at the site since 1986. The project requires adoption/approval of the
following:
General Plan Amendment to modify the existing Light Industrial/Office (LI/O) land use designation
of the site and extend the high-density residential (HDR) land use designation to the north and east
such that it would encompass the 190 Mill Street property. This amendment to the HDR land use
category would allow high density residential uses on the site.
An accompanying Zoning Map Amendment to modify the existing Canal Core Industrial/Office
(CCI/O) zoning classification of the site and extend the existing high-density residential zoning
(HR1) of the adjacent site such that it would encompass the 190 Mill Street property. This
amendment to the HR1 Zoning District would allow high density residential uses on the site; and
REPORT TO PLANNING COMMISSION - File Nos: GPA19-001/ZC19-001/UP19-014 Page 6
A Use Permit for the existing emergency shelter (approved in 1986) to allow for the proposed
expansion which would increase the number of beds to 60. As mentioned above, the Use Permit
process allows for application of quantifiable performance standards that have been adopted by
the City under Zoning Code Section 14.16.115.
A request for concessions permitted under State law for density bonuses and other incentives: one
to exceed the maximum 60% lot coverage for the HR1 District, and one to exceed 36-foot maximum
building height.
By-Right Development
If the requested amendments described above are approved, the applicant would seek a “by-right”
approval of the proposed supportive housing and emergency shelter building, which would require
demolition of the existing emergency shelter building. The “by-right” process is a ministerial review that
does not allow for application of discretionary design criteria. That means that only adopted objective
design standards can be applied to this project. While the City is currently in the process of creating a list
of objective design standards, none have been adopted to date. However, the City does have adopted
development standards that would be applied as appropriate to this project through the ministerial review
process. The project is included in this discussion as a pilot project to demonstrate what a “by-right”
proposal might look like. The City could use some of the design elements included in this project as
examples of objective design features that may be appropriate for future “by right” supportive housing
projects.
The proposed new building would be a four-level building made up of three floors of wood-framed
construction above a concrete podium, including the following:
A ground floor podium parking area with 18 parking spaces for use by Homeward Bound staff,
visiting service providers, and guests. Residents will not have cars;
A new 60-bed emergency shelter to replace the existing shelter on the first floor of the building,
above the ground-level concrete podium parking;
32 single-room occupancy supportive housing units on the second and third floors (16 units on
each floor) with shared common areas including lounge, communal kitchen, bathrooms, office
space for supportive services and terraces; and
New landscaping, hardscape, and fencing along the perimeter of the property.
The project site and surrounding area is located in FEMA (Federal Emergency Management Agency)
special flood hazard Zone AE, with an established base flood elevation (BFE) of 10 feet (datum NAVD88).
Therefore, the new building must be designed to conform to floodplain management regulations contained
in Title 18 of the City of San Rafael Municipal Code (Protection of Flood Hazard Area s). The civil and
architectural plans submitted for the project show that all habitable space in the new building is above the
10-foot BFE, and areas below the 10-foot BFE are limited to parking, access, and storage including trash
and recycling containers.
Use:
Emergency Shelter Operations
The existing emergency shelter, known as Mill Street Center, is Marin County’s only year-round emergency
shelter for homeless adults. The shelter serves both men and women in separate dormitory-style rooms,
and meals are served nightly by volunteers from a network of churches and community groups. Residents
seeking emergency shelter are offered an initial seven-day stay, and if within that timeframe an individual
has resolved to end their homelessness, they will be offered a 28-day stay based on their vulnerability and
their motivation to move into permanent housing. The new emergency shelter would operate very much
like the existing shelter, but would function more efficiently in the new building, and would provide needed
flexibility and efficiency to serve adults seeking emergency shelter. In addition, the new emergency shelter
would be located above a concrete podium parking area and above the 10-foot base flood elevation
established by FEMA.
REPORT TO PLANNING COMMISSION - File Nos: GPA19-001/ZC19-001/UP19-014 Page 7
Supportive Housing Units
Residents of the 32 permanent supportive housing units would be chronically homeless individuals
identified and placed into housing through the County’s Coordinated Entry system, which utilizes a
‘Housing First” model that targets people with the longest periods of homelessness and focuses on moving
them into housing as quickly as possible to improve their quality of life, decrease healthcare costs, and
reduce the number of people on the streets. Residents will be further prioritized using criteria that take into
account extreme medical need and frequent use of emergency services.
Staffing
The applicant has indicated that staffing for the new emergency shelter would remain basically the same
as the staffing for the existing shelter, which include a Program Director who oversees a staff of four (4)
Housing Case Managers and four (4) Resource Counselors. This staff provides 24/7 coverage, with a
variety of skill sets including shelter management, housing and social service support, and clinical support.
For the supportive housing, there will be a Housing Stabilization staff member on each of the two floors,
providing 24/7 staffing. There will also be a Behavioral Health & Recovery services team, and other staff
working with people referred through the program’s Coordinated Entry System.
Site Plan:
The proposed building is a rectangular-shaped, 76.66-foot x 114.66-foot building with a total building
footprint of 8,789 square feet. The building would comply with the minimum required setbacks that apply
to the proposed HR1 zoning district. Access to the building would be from Harbor Street at the street level
as well as at the second floor. Both access points would enter into a lobby with access to an elevator.
Driveway access to the covered parking would be from Mill Street. There are 18 vehicle parking spaces
proposed and 20 bicycle parking racks within the garage. Garbage and recycling facilities would also be
located within the garage. The applicant has submitted a landscape plan prepared by a licensed
Landscape Architect. Perimeter landscaping is proposed on all sides of the lot. Three bioretention areas
are proposed along Harbor Street. New fencing is proposed along the northern and eastern property line.
Along the north property line adjacent to existing residential, the applicant proposes a new 6 -foot high
wood fence. Along the east property line adjacent to the auto storage lot the applicant proposes a 6 -foot
high steel fence.
Architecture:
The proposed building is a 4-story building with a maximum building height of 45.75 feet (see request for
height concession below). The first level would be dedicated entirely to parking, storage and
trash/recycling areas; the second story would be used for the emergency shelter; and the 3rd and 4th floors
would be for the 32 supportive housing units and office space and common area for supportive services.
REPORT TO PLANNING COMMISSION - File Nos: GPA19-001/ZC19-001/UP19-014 Page 8
The building materials include a tan concrete base, the second level would be treated with a lighter tan
color shingle and the third and fourth floor would be a horizontal fiber cement boards painted a light
beige/white. Two tower-like features at the entry would also be painted a lighter tan color. The roof would
be a beige color metal roof.
As mentioned above, this project will serve as pilot for creating objective standards for future supportive
housing projects. Some of the design elements of this project may also be used to formulate objective
design standards for other supportive housing projects.
ANALYSIS
General Plan Map and Zoning Map Amendments
Consistency with General Plan 2020
The requested General Plan and Zoning Map Amendment to extend the land use and zoning classifications
to this site are appropriate in that it extends a nearby residential designation to accommodate much needed
affordable housing in the extremely low-income category. Typically, when reviewing requests for General
Plan and Zoning Map amendments Planning staff is generally supportive of amendments that extend the
land use categories and zoning districts of an adjacent parcel. This helps avoid dramatic land use changes
that could be classified as spot zoning. Spot zoning is the process of reclassification of a single parcel a
use classification totally different from that of the surrounding lot to the detriment of other lots/owners. In
this case, the applicant is requesting the land use and zoning classification of the adjacent and nearby
parcels to the north and northeast, that allow high density residential development. The requested
amendments would allow the project site to be developed with the residential uses such as those described
above, that would be consistent with the existing high-density residential zoning district on the adjacent
parcels. The proposed amendments are consistent with the following General Plan Polices:
Housing Element
H-9. Special Needs. This policy supports the added affordable housing in the very low and low-income
categories including housing that supports the homeless population.
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H-9d. Housing for Extremely Low Income Households. This policy supports funding opportunities that
support the development of housing affordable to extremely low-income households including funding for
projects that will facilitate the construction of multifamily and supportive housing.
H-10. Innovative Housing Approaches and H-10c. Single Room Occupancy (SRO) Units. These policies
support opportunities for innovative housing approaches that increase the availability of low- and
moderate-income housing and promote construction of SRO apartments by eliminating SRO’s from density
limits, allowing a reduction in parking standards and encourage linkages to social services for this type of
housing.
H-12. Residential Care Facilities and Emergency Shelters. Encourage a dispersion of residential care
facilities and emergency shelters, and avoid an over concentration of residential care facilities and shelters
for the homeless in any given area. This policy also recognizes the value of eliminating governmental
constraints in the operation or construction of transitional, supportive, and emergency housing, consistent
with State law.
Governance Element
G-2. Variety of Housing. This policy supports the creation and retention of a wide variety of housing types
serving people of all economic levels.
G-3. Housing Agencies, G-18. Support for Special Needs Groups, and G-18a. Collaboration with Local
Agencies. These policies encourage collaboration and support of housing agencies, non-profits and other
organizations that provide shelter, housing, and related services to very low-, low-, and moderate-income
households as well as emergency shelter and supportive housing for the homeless and those with special
needs.
G-18c. Zoning Allowance. Encourages zoning allowance for group homes, transitional housing and
treatment facilities. It recognizes the use of SB2 as a method for supporting programs in support of
transitional and supportive housing projects.
The proposed amendments are intended to facilitate the redevelopment of the site with a 60-bed
emergency shelter and 32 supportive housing units. According the 2019 Marin County Homeless Point-
in-Time Count & Survey, there are approximately 161 unsheltered homeless people in the City of San
Rafael. This development would provide housing opportunities to help reduce the number of unsheltered
homeless. In addition, the City has not met its need of extremely low-income affordable housing obligation.
The City is obligated to provide its fair share of projected future Regional Housing Needs (RHNA). The
City’s fair share of housing is 1,007 units for the 2015-2023 RHNA Cycle as shown on Table 1 below.
REPORT TO PLANNING COMMISSION - File Nos: GPA19-001/ZC19-001/UP19-014 Page 10
Table 1
Housing Need v.
Approved/Constructed Projects 2015-2023
Extremely
Low
Very Low
Income
Households
Low Income
Households
Moderate
Income
Households
Above
Moderate
Income
Households
Total
% of
Housing
Need
Housing
Need 120 240 148 181 438 1007
Approved 10
53
(includes
43 ADUs)
2 196 261 26%
Constructed
1 25 11 104 141 14%
Total
approved/
constructed
11 78 13 300 402 40%
Total deficit
120 239 70 168 138 605
Percent of
units built 0% 4% 53% 7% 68% 40%
As demonstrated by the first column in the above table, the City has not met any of its total obligation in
the extremely low-income category, which is 120 units for this RHNA cycle. The Homeward Bound project
would contribute 32 units in this income category, which would amount to 26% of the City’s obligation for
extremely low-income housing.
Overall, the proposed amendments are consistent with the above policies in that they support programs
for development of affordable, permanent, and supportive housing. In particular, the requested
amendments to the General Plan Land Use Map and Zoning Map would be consistent with Policy H-12
because it would allow for a new emergency shelter to replace the existing emergency that is in need of
upgrades; and 32 affordable supportive housing units, both of which help to implement the San Rafael
Homeless Action Plan. The addition of 32 single occupancy supportive housing units, along with the
replacement emergency shelter, can be accommodated on the project site and would not result in an
overconcentration of shelters or residential care facilities in the neighborhood. As noted previously in this
report, the existing emergency shelter on the property, known as Mill Street Center, is the only permanent
(year-round) shelter for homeless adults in Marin County.
Neighborhoods Element
NH-4. Improve Property Maintenance and NH-4a. Code Enforcement. Requires owners to maintain their
properties in good condition and appearance and to eliminate unsafe and unhealthy conditions. Maintain
an effective Code Enforcement program that engages with neighborhoods and business groups and works
in partnerships with appropriate City staff to address nuisances and zoning code violations.
NH-49. Conflicting Uses. Prevent the encroachment of new residential development into the Light
Industrial/Office District to minimize conflicts. Businesses locating adjacent to residential areas shall be
designed to minimize nuisance impacts.
NH-53. Building and Automotive Services. Maintain availability of sites for building, automotive and related
service industries important to San Rafael’s economy and needed for the convenience of its residents and
businesses.
REPORT TO PLANNING COMMISSION - File Nos: GPA19-001/ZC19-001/UP19-014 Page 11
The Neighborhoods Element focuses on policies that are specific to a particular neighborhood as opposed
to policies that address issues that are City-wide. San Rafael’s neighborhood policies are not intended to
maintain the status quo, but to foster those actions that will make the neighborhoods more attractive and
livable places. As noted in this element of the General Plan 2020, in most neighborhoods only a small
amount of change is anticipated; in others, residents expect some change to make the neighborhood a
better place than it’s been; and in some areas, such as along the Canal and waterfront, residents expect
significant improvements.
Economic Vitality Element
EV-2. Seek, Retain, and Promote Businesses that Enhance San Rafael. Recruit and retain businesses
that contribute to our economic vitality, thus helping to provide needed local goods, services and
employment, and enhance the City’s physical environment.
EV-4. Local Economic and Community Impacts. In addition to review of environmental, traffic and
community design impacts, take the following into account when major projects, policies and land use
decisions are under review:
Fiscal impacts on the City’s ability to provide and maintain infrastructure and services.
Impacts on the community such as the provision of jobs which match the local workforce, commute
reduction proposals, and affordable housing.
Additional or unique economic, fiscal and job-related impacts.
Fiscal and community impacts of not approving a project, plan or policy.
The property at 190 Mill is currently zoned Core Canal Industrial/Office (CCI/O). The requested General
Plan Land Use Map and Zoning Map amendment would change the land use and zoning classification to
a High Density Residential (HR1) district. This change is consistent with the zoning district of properties
to the north (575 Canal Street), and other parcels northeast of the project site and currently zoned HR1
and developed with high-density residential uses.
Consistency with Zoning
The HR1 zoning classification would allow for the continued use of the site as an emergency shelter that
has existed on the property since 1986, subject to approval of a Use Permit and applicable performance
standards for emergency shelters. In addition, the proposed amendments would permit other residential
uses, including the 32 supportive housing units that are proposed to be developed on the property. Thus,
extending the High-Density Residential land use classification of the adjoining lot would be consistent with
the existing use of the property, and it would be compatible with uses on adjacent properties. It is noted
that the property at 190 Mill Street has not been used for industrial type uses since at least the 1960s, and
the existing shelter has existed alongside residential and light industrial uses for many years (since 1986).
The proposed emergency shelter and supportive housing uses would be substantially similar to the existing
use of the site, and would not result in conflicting uses. Therefore, no conflicts with adjacent uses -
residential or light industrial - are anticipated, and no existing light industrial uses would be displaced.
Furthermore, the proposed change in land use designation and resulting land uses can be served by
existing infrastructure and services.
Consistency with Zoning Ordinance
The proposed amendment to the City’s Zoning Map, if adopted, would extend the adjacent high-density
residential zoning district (HR1) classification to the project site, making it consistent with the General
Plan reclassification. The development itself would need to be evaluated through a ministerial review
process using adopted objective standards. The City has not adopted objective design standards;
however, the following objective development standards apply to residential projects in the requested
HR1 district and will be applied to the project:
Setbacks –
o Front - 10 feet (average of lots on block)
REPORT TO PLANNING COMMISSION - File Nos: GPA19-001/ZC19-001/UP19-014 Page 12
o Side - 5 feet
o Street Side - 10 feet
o Rear -10 feet
Building Height - Maximum 36 feet. (See below for request for concession to allow up to 48 feet)
Lot Coverage - Maximum 60%. (See below for request to allow greater than 60% coverage)
50% of front and side yard shall be landscaped
Parking - The project includes 18 parking spaces for employees, service providers and volunteers.
Per AB2162, since the project site is located within one-half mile of a public transit stop, the City
cannot impose any minimum parking requirement for supportive housing residents. Note: The public
transit stop on Medway Road at Mill Street is located approximately ¼ mile southeast of the project
site.
Glossy finishes and reflective glass such as glazed or mirrored surfaces are prohibited.
Equipment placed on the rooftop of a building or in an exterior yard area shall be screened from
adjacent public or private street.
Satellite dishes shall comply with the following:
o Only one satellite dish is permitted on a lot.
o Location in any required yard adjacent to a street is prohibited
o The satellite dish shall meet the setback and height requirements for accessory structures, except
that any satellite dish which is higher than eight feet (8′) shall meet the setback requirements for
the district.
o The satellite dish shall be screened from view from a public or private street.
With the exception of the requested concessions (see below) the applicant has demonstrated
compliance with the above objective development standards as shown on proposed project plans
(Exhibit 1).
Request for Concessions
State planning and zoning law allows a developer to seek a density bonus, including any concessions,
incentives, or waivers of development standards, from the local government (65655(a)). In addition,
AB2162 makes clear that supportive housing projects that qualify as a “use by-right” may request
concessions without triggering a discretionary process. The applicant is requesting two concessions, as
outlined below:
Building Height
The height limit for the HR1 District is 36 feet. The maximum height of the proposed building is 45.75 f eet
measured to top of flat roof. The applicant is requesting an increase in maximum building height to up to
48 feet as a concession for providing a 100% affordable housing project. The height “bonus” would allow
all habitable space to be located above the base flood elevation (BFE) of 10 feet (datum NAVD88)
established by FEMA. The first level below the 10-foot BFE would be limited to parking, access, storage,
trash and recycling. The emergency shelter would be located on Level 2, and two floors of SRO supportive
housing units would be located on levels 3 and 4.
Lot Coverage
The lot coverage limit for the HR1 District is 60%, which translates to 8,100 square feet for the 13,500
square-foot parcel. The applicant is requesting a concession to exceed the lot coverage limit that would
allow for a 66% lot coverage (8,893 square feet). This concession is forced by the dimensions and overall
width of the parking structure and the required width of the proposed stair enclosures.
Staff supports the requested concessions to allow increased building height and lot coverage because it
is consistent with General Plan Policies, including those that allow concessions for developments that
provide affordable housing, and it is consistent with State law regarding density bonuses and supportive
housing. In addition, based on Staff’s review of the applicant’s pro forma for the project, the concessions
REPORT TO PLANNING COMMISSION - File Nos: GPA19-001/ZC19-001/UP19-014 Page 13
are justified, especially when considering the costs associated with FEMA requirements to elevate
habitable space above BFE and the need for using waterproof construction materials.
Use Permit for Emergency Shelter
The project site is currently zoned Core Canal Industrial/Office District (CCI/O), where permanent
emergency shelters are permitted subject to approval of a Use Permit and subject to the development and
performance standards contained in Section 14.16.115 of the Municipal Code. These performance
standards are for the most part consistent with the objective standards found in AB2162. As discussed
earlier in this report, a Use Permit was originally approved for the existing emergency shelter in 1986, and
it was amended in 1993 to allow for a modest expansion, increased day services, and an increase in the
maximum number beds.
Permanent emergency shelters are also permitted in the proposed HR1 District subject to approval of a
Use Permit, and subject to the objective performance standards contained in Section 14.16.115. These
standards include:
1. On-site management and on-site security shall be provided during hours when the emergency
shelter is in operation.
2. Adequate external lighting shall be provided for security purposes (i.e., one (1) foot -candle at all
doors and entryways and one-half (½) foot-candle at walkways and parking lots). The lighting shall
be stationary, directed away from adjacent properties and public right-of-ways, and of intensity
compatible with the surrounding area.
3. The development may provide one (1) or more of the following specific common facilities for the
exclusive use of the residents and staff:
a. Central cooking and dining room(s).
b. Recreation room.
c. Counseling center
d. Childcare facilities
e. Other support services
4. Parking and outdoor facilities shall be designed to provide security for residents, visitors,
employees and the surrounding area, and consistent with the requirements of Section 14.18.040
(Parking Requirements).
5. The agency or organization operating the shelter shall comply with the following requirements:
a. Shelter shall be available to residents for no more than six (6) months. No individual or
household may be denied emergency shelter because of an inability to pay.
b. Staff and services shall be provided to assist residents to obtain permanent shelter and
income.
c. The provider shall have a written management plan including, as applicable, provisions for
staff training, neighborhood outreach, security, screening of residents to ensure
compatibility with services provided at the facility, and for training, counseling, and treatment
programs for residents.
6. The proximity to other emergency shelters (per AB2162, emergency shelters are not required to
be more than three hundred feet apart).
7. The facility shall be in, and shall maintain at all times, good standing with city and/or state licenses,
if required by these agencies for the owner(s), operator(s), and/or staff on the proposed facility.
8. The maximum number of beds or clients permitted to be served (eating, showering and/or spending
the night) nightly shall comply with the occupancy limit established by the building code.
Additionally, the number of beds or clients permitted to be served may be further limited as required
by conditional use permit.
The applicant has demonstrated compliance with the above objective performance standards as shown
on proposed project plans (Exhibit 1) and as conditioned.
REPORT TO PLANNING COMMISSION - File Nos: GPA19-001/ZC19-001/UP19-014 Page 14
ENVIRONMENTAL DETERMINATION
The proposed supportive housing component of the project requires amendments to General Plan 2020
as well as an amendment to the Zoning Map to provide for a high-density residential land use designation.
General Plan and Rezoning actions are not categorically exempt from the California Environmental Quality
Act (CEQA) and therefore, an Initial Study was prepared to identify and evaluate potentially significant
impacts to the environment that could result from the proposed project. The Initial Study concluded that
the proposed project would result in potentially significant impacts related to Cultural Resources, Geology
and Soils, Hydrology, Noise and Tribal Cultural Resources. However, project impacts would be mitigated
to a less-than-significant level through implementation of recommended mitigation measures or through
compliance with existing Municipal Code requirements or City standards. Recommended measures are
summarized in the attached Mitigation Monitoring and Reporting Program (MMRP). Therefore, adoption
of a Mitigated Negative Declaration is recommended, and a draft resolution recommending adoption of the
Mitigated Negative Declaration and approving the MMRP is attached as Exhibit 2a. In addition, all
mitigation measures prescribed by the IS/MND will be included as conditions of the building permit for new
building.
The IS/MND was published and made available for a 20-day public review period beginning on January 2,
2020 and ending on January 22, 2020. A copy of the IS/MND can be found here. To date, the City has
received one comment on the IS/MND, indicating that based on their review of the IS/MND, there is little
cause for concern because the proposal is an in-fill project, and it appears that any potential significant
impacts to Cultural Resources, Geology and Soils, and Tribal Cultural Resources can be mitigated.
PUBLIC NOTICE / CORRESPONDENCE
Notice of the Planning Commission hearing was completed in accordance with the noticing requirements
contained in Chapter 14.29 (Zoning- Public Notice) of the San Rafael Municipal Code. A Notice of Public
Hearing was mailed to all property owners and occupants within a 300-foot radius of the subject site and
other interested individuals, 15 calendar days prior to the date of this hearing. Notices were also sent to
neighboring jurisdictions, utilities, and service agencies in accordance with the Planning Division’s
Procedures Manual. In addition, an offer of Tribal Consultation was made to the local Tribe (Federation
Indians of Graton Rancheria); however, the City did not receive a response from the local Tribe requesting
consultation.
To date, staff has received seven (7) comment letters via email; half of the comment letters were supportive
of the project, and the other half expressed concerns about the size of proposed building, increased traffic,
adequate parking, trash, and loitering. It is staff’s opinion that the concerns expressed in the comment
letters are addressed by the objective design standards and performance standards outlined in this report.
OPTIONS
The Planning Commission has the following options:
1. Recommend to the City Council adoption of the Mitigated Negative Declaration, approval of MMRP,
and approval of the applications to the City Council as presented (staff recommendation)
2. Recommend adoption of the Mitigated Negative Declaration, approval of MMRP, and approval of
the applications to the City Council with certain modifications, changes or additional conditions of
approval.
3. Continue the applications to allow the applicant to address any of the Commission’s comments or
concerns; or
4. Recommend denial of the project and direct staff to return with revised resolutions.
REPORT TO PLANNING COMMISSION - File Nos: GPA19-001/ZC19-001/UP19-014 Page 15
EXHIBITS
1. Vicinity/Location Map
2. Draft Resolutions recommending to the City Council
a. Adoption of IS/MND
b. Adoption of General Plan Amendment
c. Adoption of Zoning Map Amendment
d. Approval of Use Permit
3. General Plan 2020 Consistency Table
4. Applicants Project Description
5. Public Notice of Planning Commission hearing, January 28, 2020
6. Public Comments
Note: 11” x17” copies of the project plans have been distributed to the Planning Commission only*.
A copy of the Initial Study/Mitigated Negative Declaration (IS/MND) has been distributed to the Planning
Commission only*.
Copies of the plans and Initial Study/Mitigated Negative Declaration can be viewed at www.cityofsanrafael.org/190mill
1
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN RAFAEL PLANNING COMMISSION
RECOMMENDING TO THE CITY COUNCIL ADOPTION OF AN INITIAL STUDY/
MITIGATED NEGATIVE DECLARATION AND APPROVAL OF THE MITIGATION
MONITORING AND REPORTING PROGRAM FOR A GENERAL PLAN AMENDMENT
(GP19-001), ZONING AMENDMENT (ZC19-001) ON A 13,500 SQUARE-FOOT PARCEL
LOCATED AT 190 MILL STREET (HOMEWARD BOUND OF MARIN
SUPPORTIVE HOUSING AND EMERGENCY SHELTER)
(APN: 014-192-12)
WHEREAS, on April 26, 2019, Paul Fordham, on behalf of the property owner Homeward Bound of
Marin, submitted applications for a General Plan Amendment (GPA19-001) to change the existing LI/O land Use
designation to High-Density Residential (HDR) Land Use Designation, Zoning Map Amendment (ZO19-001) to
change the existing Canal Core Industrial/Office (CCI/O) zoning classification to the high -density residential
zoning (HR1) zoning classification, and Use Permit (UP19-014) for a new emergency shelter to replace the
existing shelter; and
WHEREAS, on December 10, 2019, the Planning Commission held a duly noticed Study Session on the
proposed project, accepting all oral and written public comments and the written report of the Department of
Community Development; and
WHEREAS, as required by the California Environmental Quality Act (CEQA) Guidelines, staff
determined that the request for amendments to the General Plan and Zoning maps is defined as a ‘project,’
making it subject to environmental review. Pursuant to CEQA Guidelines Section 15063, an Initial Study was
prepared to determine the potential environmental impacts of the project ; and
WHEREAS, as demonstrated in the preparation of an Initial Study, all potentially significant effects on
the environment identified in the IS/MND can be mitigated to less-than-significant levels with implementation of
the recommended mitigation measures; including impacts to Cultural Resources, Geology and Soils, and Tribal
Resources. Therefore, consistent with CEQA Guidelines Section 15070, the Initial Study supports and
recommends the adoption of a Mitigated Negative Declaration; and
WHEREAS, consistent with the requirements of the CEQA Guidelines, a Mitigation Monitoring and
Reporting Program (MMRP) has been prepared, which outlines the procedures/steps and requirements for
implementing all mitigation measures identified in the IS/MND. The MMRP is attached as Attachment A; and
WHEREAS, the subject site was posted with a public notice regarding the Mitigated Negative
Declaration prepared for this project and notices were published in a local newspaper of general circulation in the
area and mailed to surrounding property owners within 400 feet, pertinent agencies (including responsible and
trustee agencies), organizations and special interest groups pursuant to CEQA Guidelines Sectio n 15072; and
WHEREAS, copies of the Initial Study/Mitigated Negative Declarati on were made available for a 20-
day review period by pertinent agencies and interested members of the public, commencing on January 2, 2020
and concluding on January 22, 2020; and
WHEREAS, on February 25, 2020, the Planning Commission held a public hearing on the proposed
project, the planning applications associated with the Homeward Bound of Marin Supportive Housing and
Emergency Shelter Project at 190 Mill Street and the Initial Study/Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program, accepting all oral and written public testimony and the written report of the
Department of Community Development. The Planning Commission considered all oral and written public
2
testimony and the written report of the Community Development Department. As part of this hearing process,
the Planning Commission considered adoption of the IS/MND and the Draft MMRP, which is presented in
attached Attachment A of this Resolution; and
WHEREAS, the City has evaluated the comments received by public agencies, utilities, organizations,
special interest groups and persons who have reviewed the Initial Study/Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program; and
WHEREAS, the custodian of documents which constitute the record of proceedings upon which this
decision is based is the Community Development Department of the City of San Rafael.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of San Rafael
does hereby recommend to the City Council adoption of the Mitigated Negative Declaration and approval of the
Mitigation Monitoring and Reporting Program as presented in Attachment "A" based on the findings that:
a) The Planning Commission exercised its independent judgment in evaluating the Mitigated Negati ve
Declaration and the Mitigated Negative Declaration has been considered in conjunction with
comments received during the public review period and at the Planning Commission hearing. Based
on this review, the Planning Commission has determined that: 1) there is no substantial evidence that
the project will have a significant impact on the environment; and 2) revisions have been made to the
project and have been included in the project as mitigation measures which reduce the potential
impacts to a less-than-significant level.
b) A Mitigation Monitoring and Reporting Program has been prepared for adoption to ensure
implementation of, and compliance with, all conditions required to mitigate any impact to a level of
less than significant. All mitigation measures have also been included as conditions of the project’s
approval in the separate Resolution.
The foregoing Resolution was adopted at the regular meeting of the City of San Rafael Planning Commission
held on the 25th day of February 2020.
Moved by and seconded by .
AYES: COMMISSIONERS
NOES: COMMISSIONERS
ABSENT: COMMISSIONERS
ABSTAIN: COMMISSIONERS
SAN RAFAEL PLANNING COMMISSION
ATTEST: ______________________ BY:_______________________
Paul A. Jensen, Secretary Jeff Schoppert, Chair
Attachment A Mitigation Monitoring and Reporting Program
Attachment A
File #: GPA19-001/ZC19-001
Title: Resolution Recommending Adoption of
Mitigated Negative Declaration
Exhibit: 2a Attachment A
MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MONITORING AND REPORTING PROGRAM
HOMEWARD BOUND OF MARIN SUPPORTIVE HOUSING AND EMERGENCY SHELTER - 190 MILL STREET, SAN RAFAEL, CA
Mitigation Measure Implementation
Procedure
Monitoring
Responsibility
Monitoring /
Reporting
Action & Schedule
Non-Compliance
Sanction/Activity
Monitoring
Compliance
Record
(Name/Date)
CULTURAL RESOURCES
Mitigation Measure CULT-1: Protect
Archaeological Resources Identified during
Construction: The project sponsor shall ensure that
construction crews stop all work within 100 feet of
the discovery until a qualified archaeologist can
assess the previously unrecorded discovery and
provide recommendations. Resources could include
subsurface historic features such as artifact-filled
privies, wells, and refuse pits, and artifact deposits,
along with concentrations of adobe, stone, or
concrete walls or foundations, and concentrations
of ceramic, glass, or metal materials. Native
American archaeological materials could include
obsidian and chert flaked stone tools (such as
projectile and dalt points), midden (culturally
derived darkened soil containing heat-affected rock,
artifacts, animal bones, and/or shellfish remains),
and/or groundstone implements (such as mortars
and pestles).
(Checklist Item V.b.)
Require as a condition of
approval.
Project sponsor designates
qualified professional
pursuant to NAHC
requirements and obtains
approvals from appropriate
agencies prior to issuance of
building permits.
Planning
Division
Planning/
Building
Division
Incorporate as
condition of project
approval
Project sponsor to
halt work
immediately upon
discovery of
unknown resources
Planning/Building
Division verifies
appropriate
approvals obtained
prior to issuance of
building permit
Deny project
Deny issuance of
building permit
Mitigation Measure CULT-2: Protect Human
Remains Identified During Construction: The
Require as a condition of
approval.
Planning
Division
Incorporate as
condition of project
Deny project
Attachment A
File #: GPA19-001/ZC19-001
Title: Resolution Recommending Adoption of
Mitigated Negative Declaration
Exhibit: 2a Attachment A
MITIGATION MONITORING AND REPORTING PROGRAM
HOMEWARD BOUND OF MARIN SUPPORTIVE HOUSING AND EMERGENCY SHELTER - 190 MILL STREET, SAN RAFAEL, CA
Mitigation Measure Implementation
Procedure
Monitoring
Responsibility
Monitoring /
Reporting
Action & Schedule
Non-Compliance
Sanction/Activity
Monitoring
Compliance
Record
(Name/Date)
Project proponent shall treat any human remains
and associated or unassociated funerary objects
discovered during soil-disturbing activities
according to applicable State laws. Such treatment
includes work stoppage and immediate notification
of the Marin County Coroner and qualified
archaeologist, and in the event that the Coroner's
determination that the human remains are Native
American, notification of NAHC according to the
requirements in PRC Section 5097.98. NAHC
would appoint a Most Likely Descendant ("MLD").
A qualified archaeologist, the Project proponent,
County of Marin, and MLD shall make all
reasonable efforts to develop an agreement for the
treatment, with appropriate dignity, of any human
remains and associated or unassociated funerary
objects (CEQA Guidelines Section I5064.S[d]).
The agreement would take into consideration the
appropriate excavation, removal, recordation,
analysis, custodianship, and final disposition of the
human remains and associated or unassociated
funerary objects. The PRC allows 48 hours to reach
agreement on these matters.
(Checklist Item V.c.)
Project sponsor designates
qualified professional
pursuant to NAHC
requirements and obtains
approvals from appropriate
agencies prior to issuance of
building permits.
Planning/
Building
Division
approval
Project sponsor to
halt work
immediately upon
discovery of
unknown resources
Planning/Building
Division verifies
appropriate
approvals obtained
prior to issuance of
building permit
Deny issuance of
building permit
GEOLOGY AND SOILS
Mitigation Measure GE0-1: Prior to a grading or
building permit submittal, the project sponsor shall
Require as a condition of
approval.
Planning
Division
Incorporate as
condition of project
Deny project
Attachment A
File #: GPA19-001/ZC19-001
Title: Resolution Recommending Adoption of
Mitigated Negative Declaration
Exhibit: 2a Attachment A
MITIGATION MONITORING AND REPORTING PROGRAM
HOMEWARD BOUND OF MARIN SUPPORTIVE HOUSING AND EMERGENCY SHELTER - 190 MILL STREET, SAN RAFAEL, CA
Mitigation Measure Implementation
Procedure
Monitoring
Responsibility
Monitoring /
Reporting
Action & Schedule
Non-Compliance
Sanction/Activity
Monitoring
Compliance
Record
(Name/Date)
prepare a design-level geotechnical investigation
prepared by a qualified and licensed geotechnical
engineer and submit the report to the City Engineer.
Minimum mitigation includes design of new
structures in accordance with the provisions of the
current California Building Code or subsequent
codes in effect when final design occurs.
Recommended seismic design coefficients and
spectral accelerations shall be consistent with the
findings presented in Section 5.1 of the January 8,
2018, Miller Pacific report.
(Checklist Item VII.a.ii.)
Project sponsor prepares a
design-level geotechnical
investigation prepared by a
qualified and licensed
geotechnical engineer and
submits report to City
Engineer.
Department of
Public Works
(City
Engineer)
approval
Public Works/
Building Division
verifies appropriate
design level report
prior to issuance of
building permit.
Deny issuance of
building permit
Mitigation Measure GE0-2: Prior to a grading or
building permit submittal, the project sponsor shall
prepare a site drainage system prepared by a
qualified and licensed civil engineer and submit the
report to the City Engineer. The site drainage
system will demonstrate the ability to collect
surface water and discharge into an established
storm drainage system. The project Civil Engineer
or Architect is responsible for designing the site
drainage system and, an erosion control plan shall
be developed prior to construction per the current
guidelines of the City of San Rafael Public Works
Department (DPW) Grading and Construction
Erosion and Sediment Control Plan Permit
Require as a condition of
approval.
Project sponsor prepares a
design-level drainage system
prepared by a qualified and
licensed civil engineer and
submit report to City
Engineer.
Planning
Division
Department of
Public Works
(City
Engineer)
Incorporate as
condition of project
approval
Public Works/
Building Division
verifies appropriate
design level report
prior to issuance of
building permit.
Deny project
Deny issuance of
building permit
Attachment A
File #: GPA19-001/ZC19-001
Title: Resolution Recommending Adoption of
Mitigated Negative Declaration
Exhibit: 2a Attachment A
MITIGATION MONITORING AND REPORTING PROGRAM
HOMEWARD BOUND OF MARIN SUPPORTIVE HOUSING AND EMERGENCY SHELTER - 190 MILL STREET, SAN RAFAEL, CA
Mitigation Measure Implementation
Procedure
Monitoring
Responsibility
Monitoring /
Reporting
Action & Schedule
Non-Compliance
Sanction/Activity
Monitoring
Compliance
Record
(Name/Date)
Application Package and the Regional Water
Quality Control Board standards.
(Checklist Item VII.b.)
Mitigation Measure GE0-3: Should
paleontological resources be encountered during
project subsurface construction activities located in
previously undisturbed soil and bedrock, all
ground-disturbing activities within 25 feet shall be
halted and a qualified paleontologist contacted to
assess the situation, consult with agencies as
appropriate, and make recommendations for the
treatment of the discovery. For purposes of this
mitigation, a "qualified paleontologist" shall be an
individual with the following qualifications: 1) a
graduate degree in paleontology or geology and/or
a person with a demonstrated publication record in
peer- reviewed paleontological journals; 2) at least
two years of professional experience related to
paleontology; 3) proficiency in recognizing fossils
in the field and determining their significance; 4)
expertise in local geology, stratigraphy, and
biostratigraphy; and 5) experience collecting
vertebrate fossils in the field.
If the paleontological resources are found to be
significant and project activities cannot avoid them,
Require as a condition of
approval.
Project sponsor designates
qualified paleontologist,
consult with agencies prior
to issuance of building
permits.
Planning
Division
Building
Division
Incorporate as
condition of project
approval
Should
paleotontological
resources be
encountered during
project subsurface
construction
activities located in
previously
undisturbed soil or
bedrock, all
ground-disturbing
activities within 25
feet shall be halted.
Planning/Building
Division contacted
and appropriate
agencies alerted to
discoveries.
Deny project
Suspend/halt
building permit
Attachment A
File #: GPA19-001/ZC19-001
Title: Resolution Recommending Adoption of
Mitigated Negative Declaration
Exhibit: 2a Attachment A
MITIGATION MONITORING AND REPORTING PROGRAM
HOMEWARD BOUND OF MARIN SUPPORTIVE HOUSING AND EMERGENCY SHELTER - 190 MILL STREET, SAN RAFAEL, CA
Mitigation Measure Implementation
Procedure
Monitoring
Responsibility
Monitoring /
Reporting
Action & Schedule
Non-Compliance
Sanction/Activity
Monitoring
Compliance
Record
(Name/Date)
measures shall be implemented to ensure that the
project does not cause a substantial adverse change
in the significance of the paleontological resource.
Measures may include monitoring, recording the
fossil locality, data recovery and analysis, a final
report, and accessioning the fossil material and
technical report to a paleontological repository.
Upon completion of the assessment, a report
documenting methods, findings, and
recommendations shall be prepared and submitted
to the City for review. If paleontological materials
are recovered, this report also shall be submitted to
a paleontological repository such as the University
of California Museum of Paleontology, along with
significant paleontological materials. Public
educational outreach may also be appropriate.
The project applicants shall inform its contractor(s)
of the sensitivity of the project site for
paleontological resources and shall verify that the
following directive has been included in the
appropriate contract specification documents:
"The subsurface of the construction site may
contain fossils. If fossils are encountered during
project subsurface construction, all ground-
disturbing activities within 25 feet shall be halted
Attachment A
File #: GPA19-001/ZC19-001
Title: Resolution Recommending Adoption of
Mitigated Negative Declaration
Exhibit: 2a Attachment A
MITIGATION MONITORING AND REPORTING PROGRAM
HOMEWARD BOUND OF MARIN SUPPORTIVE HOUSING AND EMERGENCY SHELTER - 190 MILL STREET, SAN RAFAEL, CA
Mitigation Measure Implementation
Procedure
Monitoring
Responsibility
Monitoring /
Reporting
Action & Schedule
Non-Compliance
Sanction/Activity
Monitoring
Compliance
Record
(Name/Date)
and a qualified paleontologist contacted to assess
the situation, consult with agencies as appropriate,
and make recommendations for the treatment of the
discovery. Project personnel shall not collect or
move any paleontological materials. Fossils can
include plants and animals, and such trace fossil
evidence of past life as tracks or plant imprints.
Marine sediments may contain invertebrate fossils
such as snails, clam and oyster shells, sponges, and
protozoa; and vertebrate fossils such as fish, whale,
and sea lion bones. Vertebrate land mammals may
include bones of mammoth, camel, saber tooth cat,
horse, and bison. Contractor acknowledges and
understands that excavation or removal of
paleontological material is prohibited by law and
constitutes a misdemeanor under California Public
Resources Code, Section 5097.5."
(Checklist Item VII.f.)
TRIBAL CULTURAL RESOURCES
Mitigation Measure TRIBAL-1: Implementation
of the unanticipated discovery measures outlined in
Section V(b) and (d) above, address the potential
discovery of previously unknown resources within
the project area. If significant tribal cultural
resources are identified onsite, all work would stop
immediately within 50 feet of the resource(s) and
the project applicant would comply with all relevant
Require as a condition of
approval.
Project sponsor designates
qualified professional
pursuant to NAHC
requirements and obtains
Planning
Division
Planning/
Building
Division
Incorporate as
condition of project
approval
Project sponsor to
halt work
immediately upon
discovery of
unknown resources
Deny project
Deny issuance of
building permit
Attachment A
File #: GPA19-001/ZC19-001
Title: Resolution Recommending Adoption of
Mitigated Negative Declaration
Exhibit: 2a Attachment A
MITIGATION MONITORING AND REPORTING PROGRAM
HOMEWARD BOUND OF MARIN SUPPORTIVE HOUSING AND EMERGENCY SHELTER - 190 MILL STREET, SAN RAFAEL, CA
Mitigation Measure Implementation
Procedure
Monitoring
Responsibility
Monitoring /
Reporting
Action & Schedule
Non-Compliance
Sanction/Activity
Monitoring
Compliance
Record
(Name/Date)
State and City policies and procedures prescribed
under PRC Section 21074.
(Checklist Item XVIII.a.i. and ii.)
approvals from appropriate
agencies prior to issuance of
building permits.
Planning/Building
Division verifies
appropriate
approvals obtained
prior to issuance of
building permit
RESOLUTION NO. 20-
RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION
RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AN AMENDMENT (GPA19-
001) TO THE SAN RAFAEL GENERAL PLAN 2020 LAND USE ELEMENT EXHIBIT 12-
LAND USE MAP TO CHANGE EXISTING LI/O LAND USE DESIGNATION OF THE
PROPERTY TO HIGH-DENSITY RESIDENTIAL (HDR) LAND USE DESIGNATION
FOR A 13,500 SQ. FT. PARCEL LOCATED AT 190 MILL STREET
(APN 014-192-12)
WHEREAS, in November 2004, the City of San Rafael adopted the San Rafael General Plan
2020 and certified the supporting Final Environmental Impact Report for the plan; and
WHEREAS, on April 26, 2019, Homeward Bound of Marin submitted project applications to the
City of San Rafael Community Development Department for a General Plan Amendment (GPA19-001);
and
WHEREAS, the project applications submitted by Homeward Bound for property at 190 Mill
Street include a Zoning Map Amendment (ZO19-001) to change the existing Canal Core Industrial/Office
(CCI/O) zoning classification to the high-density residential zoning (HR1) zoning classification, and Use
Permit (UP19-014) for a new emergency shelter to replace the existing shelter; and
WHEREAS, on April 29, 2019, in accord with California Government Code Section 65352.3(a),
specifically, the directive of Senate Bill 18 (SB18), the Department of Community Development
Department staff sent an offer for tribal consultation to the representatives of the Federated Indians of the
Graton Rancheria (Federated Indians). Tribal consultation is required for all projects that propose an
amendment to the local General Plan. The purpose of the tribal consultation is to consult with the local
tribe representatives on potential impacts to Native American places, features and objects described in
Section 5097.9 and 5097.993 of the California Public Resources Code. The prescribed 90-day period was
observed for the Federated Indians to respond to the offer, but the City received no response; and
WHEREAS, following the initial filing of the Homeward Bound of Marin applications for 190
Mill Street, the City commenced with environmental review of the project. Consistent with the California
Environmental Quality Act (CEQA) Guidelines and the City of San Rafael Environmental Assessment
Procedures Manual, the appropriate steps were followed to complete environmental review of the project,
which included the preparation and publication of an Initial Study and Mitigated Negative Declaration
(IS/MND) and publication of a Notice of Public Review and Intent to Adopt a Mitigated Negative
Declaration on January 2, 2020; and
WHEREAS, the IS/MND assesses the environmental impacts of the proposed amendment to San
Rafael General Plan 2020 to change the land use change the existing Light Industrial/Office (LI/O) land
use designation of the property to high-density residential (HDR) land use designation for the subject
property. The IS/MND finds that the proposed amendment to the General Plan will not result in
significant impacts; and
WHEREAS, on February 25, 2020, the Planning Commission, through the adoption of separate
resolutions, recommended to the City Council adoption of a Mitigated Negative Declaration, adoption of
a Zoning Ordinance Map Amendment (ZO19-001), and approval of Use Permit (UP19-014); and
WHEREAS, the custodian of documents which constitute the record of proceedings upon which
this decision is based, is the Community Development Department.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission recommends to the
City Council approval of General Plan Amendment application GPA19-001, amending the San Rafael
General Plan 2020 Land Use Map Exhibit 12 as follows:
Modify Exhibit 12 in the General Plan 2020 Land Use Element to change the existing Light
Industrial/Office (LI/O) land use designation of the site to the High-Density Residential (HDR)
land use designation. This would extend the HDR land use designation of properties to the north
and east such that it would encompass the 190 Mill Street property. The proposed modified
General Plan Exhibit 12 is shown as Attachment A.
This recommendation is based on and supported by the following findings:
1. The public interest would be served by the adoption of the proposed amendment to Land Use
Element Exhibit 12, which would change the existing Light Industrial/Office (LI/O) land use
designation of the site to the High-Density Residential (HDR) land use designation in that:
a. This action would be consistent with and implement San Rafael General Plan 2020
Housing Element Policy H-9 (Special Needs) which supports the added affordable
housing in the very-low and low-income categories including housing that supports the
homeless population.
b. This action would be consistent with and implement San Rafael General Plan 2020
Housing Element Policy H-9d (Housing for Extremely Low Income Households), which
supports funding opportunities that support the development of housing affordable to
extremely low-income households including funding for projects that will facilitate the
construction of multifamily and supportive housing.
c. This action would be consistent with and implement San Rafael General Plan 2020
Housing Element Policy H-10 (Innovative Housing Approaches) and H-10c (Single Room
Occupancy (SRO) Units) in that these policies support opportunities for innovative
housing approaches that increase the availability of low- and moderate-income housing
and promote construction of SRO apartments by eliminating SRO’s from density limits,
allowing a reduction in parking standards and encourage linkages to social services for
this type of housing.
d. This action would be consistent with and implement San Rafael General Plan 2020
Housing Element Policy H-12 (Residential Care Facilities and Emergency Shelters)
which encourages a dispersion of residential care facilities and emergency shelters, and
avoids an over concentration of residential care facilities and shelters for the homeless in
any given area. This policy also recognizes the value of eliminating governmental
constraints in the operation or construction of transitional, supportive, and emergency
housing, consistent with State law.
e. This action would accommodate the construction of a new, permanent emergency shelter
to replace the existing emergency shelter that is need of upgrading.
f. This action would provide the opportunity for residential uses that are compatible with
the adjacent residential and light industrial uses.
g. This action would not be growth inducing as the property is already served by all
necessary utilities and no expansion of infrastructure would be required for land uses
permitted under the HDR land use category to occupy the site.
2. The proposed amendment to Land Use Element Exhibit 12 would be generally consistent
with the related elements, goals, policies or programs of the San Rafael General Plan 2020 as
a whole in that:
a. This action would be consistent with and implement San Rafael General Plan 2020
Governance Element Policy G-2 (Variety of Housing), which supports the creation and
retention of a wide variety of housing types serving people of all economic levels.
b. This action would be consistent with and implement San Rafael General Plan 2020
Governance Element Policies G-3 (Housing Agencies), G-18 (Support for Special Needs
Groups), and G-18a (Collaboration with Local Agencies) that encourage collaboration
and support of housing agencies, non-profits and other organizations that provide shelter,
housing, and related services to very low-, low-, and moderate-income households as
well as emergency shelter and supportive housing for the homeless and those with special
needs.
c. This action would be consistent with and implement San Rafael General Plan 2020
Governance Element Policy G-18c (Zoning Allowance), which encourages zoning
allowance for group homes, transitional housing and treatment facilities, and recognizes
the use of SB2 as a method for supporting programs in support of transitional and
supportive housing projects.
The foregoing resolution was adopted at the regular City of San Rafael Planning Commission meeting
held on the 25th day of February 2020.
AYES:
NOES:
ABSENT:
ABSTAIN:
SAN RAFAEL PLANNING COMMISSION
ATTEST: _______________________________ ______________________________
Paul A. Jensen, Secretary Jeff Schoppert, Chair
Attachment A
General Plan 2020 Exhibit 12 – Land Use Map
BEFORE
AFTER
RESOLUTION NO. 20-
RESOLUTION OF THE CITY OF SAN RAFAEL PLANNING COMMISSION
RECOMMENDING TO THE CITY COUNCIL ADOPTION OF AN AMENDMENT TO THE
ZONING MAP OF THE SAN RAFAEL MUNICIPAL CODE TO CHANGE THE EXISTING
CANAL CORE INDUSTRIAL/OFFICE (CCI/O) ZONING CLASSIFICATION TO THE HIGH-
DENSITY RESIDENTIAL ZONING (HR1) ZONING CLASSIFICATION FOR THE PROPERTY
LOCATED AT 190 MILL STREET
(APN 014-192-12)
(ZC19-001)
WHEREAS, on April 26, 2019, Homeward Bound of Marin submitted project applications for
190 Mill Street to the City of San Rafael Community Development Department, including a request for a
Zoning Map Amendment (ZC19-001); and
WHEREAS, the project applications for Homeward Bound includes a General Plan
Amendment (GPA19-001) to change the existing Light Industrial/Office (LI/O) land use designation to
the high-density residential (HDR) land use designation, and Use Permit (UP19-014) for a new
emergency shelter to replace the existing shelter and these accompanying applications are being
processed concurrent with the Zoning Map Amendment application, as required by the Zoning Ordinance;
and
WHEREAS, following the initial filing of the Homeward Bound of Marin applications for 190
Mill Street, the City commenced with environmental review of the project. Consistent with the California
Environmental Quality Act (CEQA) Guidelines and the City of San Rafael Environmental Assessment
Procedures Manual, the appropriate steps were followed to complete environmental review of the project,
which included the preparation and publication of an Initial Study and Mitigated Negative Declaration
(IS/MND) and publication of a Notice of Public Review and Intent to Adopt a Mitigated Negative
Declaration on January 2, 2020; and
WHEREAS, the IS/MND assesses the environmental impacts of the proposed amendment to
change the existing Canal Core Industrial/Office (CCI/O) Zoning Classification to the High -Density
Residential Zoning (HR1) Zoning Classification. The IS/MND finds that the proposed Zoning Map
amendment will not result in significant impacts; and
WHEREAS, on February 25, 2020, the Planning Commission, through the adoption of separate
resolutions, recommended to the City Council adoption of a Mitigated Negative Declaration, adoption of
a Zoning Ordinance Map Amendment (ZO19-001), and approval of Use Permit (UP19-014); and
WHEREAS, on February 25, 2020, by adoption of a separate resolution, the Planning
Commission recommended to the City Council adoption of a Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program for the project; and
WHEREAS, on February 25, 2020, the Planning Commission, by adoption of separate
resolutions, recommended to the City Council adoption of General Plan Map Amendment (GPA19-001),
and approval of Use Permit (UP19-014); and
WHEREAS, the custodian of documents which constitute the record of proceedings upon which
this decision is based, is the Community Development Department.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission recommends to the
City Council adoption of Zoning Amendment application ZC19-001, amending the Zoning Map of the
San Rafael as follows:
Amend Zoning Map to change the existing Canal Core Industrial/Office (CCI/O) Zoning
Classification to the High-Density Residential (HR1) Zoning Classification for the property
located at 190 Mill Street. This would extend the HR1 Zoning District on properties to the north
and east such that it would encompass the 190 Mill Street property. The proposed modified
Zoning Map is shown as Attachment A.
This recommendation is based on and supported by the following findings:
1. The public interest would be served by the adoption of the proposed amendment to change
the existing Canal Core Industrial/Office (CCI/O) Zoning Classification to the High -Density
Residential (HR1) Zoning Classification for the property in that:
a. This action would be consistent with and implement San Rafael General Plan 2020
Housing Element Policy H-9 (Special Needs) which supports the added affordable
housing in the very-low and low-income categories including housing that supports the
homeless population.
b. This action would be consistent with and implement San Rafael General Plan 2020
Housing Element Policy H-9d (Housing for Extremely Low Income Households), which
supports funding opportunities that support the development of housing affordable to
extremely low-income households including funding for projects that will facilitate the
construction of multifamily and supportive housing.
c. This action would be consistent with and implement San Rafael General Plan 2020
Housing Element Policy H-10 (Innovative Housing Approaches) and H-10c (Single Room
Occupancy (SRO) Units) in that these policies support opportunities for innovative
housing approaches that increase the availability of low- and moderate-income housing
and promote construction of SRO apartments by eliminating SRO’s from density limits,
allowing a reduction in parking standards and encourage linkages to social services for
this type of housing.
d. This action would be consistent with and implement San Rafael General Plan 2020
Housing Element Policy H-12 (Residential Care Facilities and Emergency Shelters)
which encourages a dispersion of residential care facilities and emergency shelters, and
avoids an over concentration of residential care facilities and shelters for the homeless in
any given area. This policy also recognizes the value of eliminating governmental
constraints in the operation or construction of transitional, supportive, and emergency
housing, consistent with State law.
e. This action would accommodate the construction of a new, permanent emergency shelter
to replace the existing emergency shelter that is need of upgrading.
f. This action would provide the opportunity for residential uses that are compatible with
the adjacent residential and light industrial uses.
g. This action would not be growth inducing as the property is already served by all
necessary utilities and no expansion of infrastructure would be required for uses
permitted under the HR1 Zoning District.
2. The proposed amendment to the Zoning Map would be generally consistent with the
elements, goals, policies or programs of the San Rafael General Plan 2020 as a whole in that:
a. This action would be consistent with and implement San Rafael General Plan 2020
Governance Element Policy G-2 (Variety of Housing), which supports the creation and
retention of a wide variety of housing types serving people of all economic levels.
b. This action would be consistent with and implement San Rafael General Plan 2020
Governance Element Policies G-3 (Housing Agencies), G-18 (Support for Special Needs
Groups), and G-18a (Collaboration with Local Agencies) that encourage collaboration
and support of housing agencies, non-profits and other organizations that provide shelter,
housing, and related services to very low-, low-, and moderate-income households as
well as emergency shelter and supportive housing for the homeless and those with special
needs.
c. This action would be consistent with and implement San Rafael General Plan 2020
Governance Element Policy G-18c (Zoning Allowance), which encourages zoning
allowance for group homes, transitional housing and treatment facilities, and recognizes
the use of SB2 as a method for supporting programs in support of transitional and
supportive housing projects.
The foregoing resolution was adopted at the regular City of San Rafael Planning Commission meeting
held on the 25th day of February 2020.
AYES:
NOES:
ABSENT:
ABSTAIN:
SAN RAFAEL PLANNING COMMISSION
ATTEST: _______________________________ ______________________________
Paul A. Jensen, Secretary Jeff Schoppert, Chair
Attachment A
San Rafael Zoning Map
BEFORE
AFTER
HR1
1
RESOLUTION NO. 20-
RESOLUTION OF THE CITY OF SAN RAFAEL PLANNING COMMISSION
RECOMMENDING TO THE CITY COUNCIL APPROVAL OF CONCESSIONS FOR
HEIGHT AND LOT COVERAGE AND CONDITIONAL APPROVAL OF USE PERMIT
(UP19-014) TO ALLOW THE OPERATION OF A PERMANENT EMERGENCY
SHELTER IN A NEW BUILDING TO BE CONSTRUCTED ON PROPERTY LOCATED
AT 190 MILL STREET (APN: 014-192-12)
WHEREAS, Homeward Bound of Marin has operated a permanent emergency shelter at
190 Mill Street with an approved Use Permit since 1986; and
WHEREAS, on April 26, 2019, Homeward Bound of Marin submitted project
applications for 190 Mill Street to the City of San Rafael Community Development Department,
including an application for Density Bonus with Concessions for height and lot coverage a Use
Permit (UP19-014) to allow the operation of a permanent emergency shelter in a new building
that would house the new shelter and 32 affordable supportive housing units at property located at
190 Mill Street; and
WHEREAS, the project applications for 190 Mill Street include a General Plan
Amendment (GPA19-001) to change the existing Light Industrial/Office (LI/O) land use
designation to the high-density residential (HDR) land use designation; and a Zoning Map
Amendment (ZC19-001) to change the existing Canal Core Industrial/Office (CCI/O) Zoning
Classification to the High-Density Residential Zoning (HR1) Zoning Classification; and
WHEREAS, following the initial filing of the Homeward Bound of Marin applications
for 190 Mill Street, the City commenced with environmental review of the project. Consistent
with the California Environmental Quality Act (CEQA) Guidelines and the City of San Rafael
Environmental Assessment Procedures Manual, the appropriate steps were followed to complete
environmental review of the project, which focused primarily on the amendments to the Zoning
Map and General Plan 2020 Land Use Map referenced above; and
WHEREAS, an Initial Study and Mitigated Negative Declaration (IS/MND) was
prepared and a Notice of Public Review and Intent to Adopt a Mitigated Negative Declaration
was published on January 2, 2020; and
WHEREAS, under AB2162, which amends the State Government Code Section 65583
relating to land use, specifies that while a local government may require a use permit and apply
certain written objective standards to emergency shelters, the permit processing and application
of standards applied to such permits shall not be deemed to be discretionary acts within the
meaning of the California Environmental Quality Act (CEQA).
WHEREAS, State planning and zoning law allow a developer to seek a density bonus,
including any concessions, incentives, or waivers of development standards, from the local
government (65655(a)), and the applicant is requesting concessions for building height and lot
coverage; and
WHEREAS, on February 25, 2020, the Planning Commission held a duly noticed public
hearing to review and consider Use Permit (UP19-014) to allow a permanent emergency shelter,
2
and considered all oral and written public testimony and the written report of the Community
Development Department; and
WHEREAS, the custodian of documents which constitute the record of proceedings
upon which this decision is based, is the Community Development Department.
NOW, THEREFORE BE IT RESOLVED, that the Planning Commission recommends
to the City Council approval of Use Permit UP19-014 to allow the operation of a permanent
emergency shelter based on the following findings and subject to the following conditions:
Findings for UP19-014
A. The proposed use is in accord with the general plan, the objectives of the zoning
ordinance, and the purposes of the district in which the site is located in that the use is
located within the High Density Residential (HDR) General Plan Land Use Designation
and HR1 (High Density Residential) Zoning District. This Land Use category is
intended to provide a variety of opportunities for high -density multifamily residential
development.
General Plan Consistency :
The permanent emergency shelter use is consistent with the goals and policies of San
Rafael General Plan 2020 as a whole , and the use specifically supports and implements
the following:
1. Housing Element Policy H -9 (Special Needs) which supports the added affordable
housing in the very-low and low-income categories including housing that supports
the homeless population.
2. Housing Element Policy H-9d (Housing for Extremely Low Income Households),
which supports funding opportunities that support the development of housing
affordable to extremely low-income households including funding for projects that
will facilitate the construction of multifamily and supportive housing.
3. Housing Element Policy H -10 (Innovative Housing Approaches) and H-10c (Single
Room Occupancy (SRO) Units) in that these policies support opportun ities for
innovative housing approaches that increase the availability of low - and moderate-
income housing and promote construction of SRO apartments by eliminating SRO’s
from density limits, allowing a reduction in parking standards and encourage
linkages to social services for this type of housing.
4. Housing Element Policy H-12 (Residential Care Facilities and Emergency
Shelters) which encourages a dispersion of residential care facilities and emergency
shelters and avoids an over concentration of resident ial care facilities and shelters
for the homeless in any given area. This policy also recognizes the value of
eliminating governmental constraints in the operation or construction of transitional,
supportive, and emergency housing, consistent with State l aw.
Zoning Consistency:
This use is located in the High-Density Residential District (HR1) District, which is
intended to provide a variety of opportunities for high -density multifamily residential
development. The proposed emergency shelter is residential use that is permitted in the
HR1 District with approval of a Use Permit pursuant to Section 14.04.040.
B. The proposed use, together with the conditions applicable thereto, will not be
detrimental to the public health, safety or welfare, or materiall y injurious to properties or
3
improvements in the vicinity, or to the general welfare of the city because the project is
subject to adherence to the performance standards addressed in the findings and the
conditions below, which would among other measures require on-site management and
security, fully enclosed refuse storage areas that are adequate for the proposed use,
adequate security lighting, and adequate parking for the shelter staff, service providers
and volunteers. In addition, the provider is required to have a written management plan
including, as applicable, provisions for staff training, neighborhood outreach, security,
screening of residents to ensure compatibility with services provided at the facility, and
for training, counseling, and treatment programs for residents.
C. The proposed use complies with the applicable provisions of the Zoning Ordinance.
The emergency shelter meets the following development and performance standards, as
required by Section 14.16.115.C:
1. On-site management and on-site security shall be provided during hours when the
emergency shelter is in operation.
2. Adequate external lighting shall be provided for security purposes (i.e., one (1) foot -
candle at all doors and entryways and one -half (½) foot-candle at walkways and
parking lots). The lighting shall be stationary, directed away from adjacent
properties and public rights-of-way, and of intensity compatible with the
surrounding area.
3. The development provides common facilities for the exclusive use of the residents
and staff, including a shared kitchen, dining room, lounge, outdoor terraces, and
offices for counseling and other support services.
4. Parking and outdoor facilities provide adequate security for staff, service providers,
and volunteers.
5. A fully enclosed refuse storage area located in the enclosed garage area is provided
that is large enough to accommodate a standard -sized trash bin; and a additional
enclosure for recycling bins.
6. The agency or organization operating the shelter shall comply with the following
requirements:
a. Shelter shall be available to residents for no more than six (6) months. No
individual or household may be denied emergency shelter because of an
inability to pay.
b. Staff and services shall be provided to assist residents to obtain permanent
shelter and income.
c. The provider shall have a written management plan including, as applicable,
provisions for staff training, neighborhood outreach, security, screening of
residents to ensure compatibility with services provided at the facility, and
for training, counseling, and treatment programs for residents.
7. The emergency shelter is not within proximity to any other existing or planned
emergency homeless shelter;
8. The facility shall be in, and shall maintain at all times, good standing with city
and/or state licenses, if required by these agencies for the owner(s), operator(s),
and/or staff on the proposed facility.
9. The maximum number of beds or clients permitted to be served (eating, showering
and/or spending the night) nightly shall not exceed the occupancy limit established
by the building code.
4
Findings for Concessions
A. The Project complies with the City’s affordable housing requirement, pursuant to SRMC
Section 14.16.030, by providing 100 % of the 32 supportive housing units as “affordable”
or Below-Market-Rate (BMR) units. All 32 of the affordable units would be affordable at
Extremely Low or Very Low-income levels.
B. By meeting the City’s affordable housing requirement of 20%, the project is el igible for
up to 3 concessions and unlimited waivers under the State Density Bonus law.
C. The project proposes two (2) discretionary concessions/waivers:
1. To achieve the proposed 32 supportive housing units, a Concession is requested to
allow a 6% increase in lot coverage, from the maximum 60% permitted in HR1
District to 66% lot coverage; and
2. To achieve the proposed building height, a Concession is requested for proposed
height increase from maximum height of 36 feet allowed in the HR1 District to a 48-
foot maximum building height.
D. The additional lot coverage and the additional building height are considered major
concessions (SRMC 14.16.030.H.3.b.v) and therefore are subject to approval of the City
Council and require that the applicant demonstrate through a financial pro forma that the
concessions are needed to make the project financially feasible.
E. Based on SRMC 14.16.030.H.2, the City may, at its sole discretion, grant a density bonus
exceeding the State minimum requirements where the applicant agrees to construct a
greater number of affordable housing units than required pursuant to subsection (B)(2) of
this section and necessary to qualify for the density bonus under this section. If such
additional density bonus is granted by the city and accepted by the applicant, the
additional density bonus shall be considered an additional concession or incentive for
purposes of Section 65915. Given that the project proposes 100% of the 32 supportive
housing units as affordable, the City finds that the 100% affordability provides a
significant public benefit.
F. Based on the fact that the project provides all 32 supportive housing units as affordable
units to extremely low and very low income households and supported by the financial
pro forma that demonstrates that the concessions are necessary to make the 100%
affordable housing project feasible, the City hereby grants the concessions/waivers
(increased lot coverage and increased building height) as requested by the project.
Conditions of Approval for UP19-014
1. This Use Permit approves the operation of a permanent emergency shelter within a new
building to be constructed on the property located at 190 Mill Street. The building
techniques, materials, elevations, appearance of the project, as shown on plans presented
to the Planning Commission on February 25, 2019, shall be the same as required for
issuance of a Building Permit except as modified by these conditions of approval.
2. These conditions of approval shall be included on first sheet of plans submitted for
building permit. The applicant shall comply with all applicable requirements of the San
Rafael Municipal Code and of the implementing zone classification of HR1 (High
Density Residential) Zoning District, as permitted by and consistent with State law.
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3. This Use Permit does not approve any signs proposed for the project site. A separate sign
permit and fee will be required for any signage for the new building.
4. Minor modifications or revisions to the project shall be subject to review and approval of
the Community Development Department, Planning Division. Modifications deemed not
minor by the Community Development Director shall require review and approval by the
original decision-making body.
5. The applicant shall comply with all applicable requirements of the City, County, State,
and other responsible agencies. This Use Permit shall run with the land.
6. This Use Permit shall become null and void if not vested within two (2) years from the
date of approval, unless a time extension is granted before that date. Vesting shall
include issuance of necessary building permits or commencement of operations.
7. The applicant shall comply with San Rafael Sanitation District (SRSD) requirements
outlined in their memo dated May 17, 2019, which includes the following:
a. Prior to issuance of Building Permit, the applicant shall pay the appropriate sewer
connection fees for new plumbing fixtures.
b. All sanitary sewer-related work shall be performed in accordance with SRSD
Standards, including installation of backflow preventer.
c. The applicant shall provide sanitary drains for the trash and recycling areas. All
refuse areas shall be covered and graded to drain independently of all surrounding
non-refuse areas.
8. The applicant shall comply with Fire Department Standard Conditions of approval as
noted in Memorandum dated May 3, 2019, which includes the following:
a. The design and construction of all site alterations shall comply with the 2016
California Fire Code and City of San Rafael Ordinances and Amendments.
b. The applicant shall coordinate submittal of plans for the following fire protection
systems prior to installation:
i. Fire Sprinkler Plans
ii. Fire Standpipe Plans
iii. Fire Alarm Plans
iv. Kitchen Hood Automatic Fire-Extinguisher System Plans
c. A recessed mounted Knox Box (#3200 Series) is required at the primary point of
first response to the building. Plans for building permit submittal shall show
location of Knox Box on plans. The Knox Box shall be clearly visible upon
approach to the main entrance from the fire lane, and shall be installed between 72”
to 78” above finish grade.
d. A Knox key switch for driveway or access road automatic gates.
e. All fire apparatus and access requirements must be met.
f. Adequate water supply serving the Fire Protection System shall be verified with
Marin Municipal Water District.
g. The applicant shall provide exit signage, panic hardware, and emergency backup
lighting for all required exit doors.
h. Applicant shall provide fire extinguishers per CFC requirements.
9. The applicant shall comply with Department of Public Works (DPW) Standard Conditions
of approval as noted in Memorandum dated May 28, 2019, which includes the following:
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a. Any work within the Right-of-Way shall require an encroachment permit and
would include outdoor license review by DPW.
b. Prior to occupancy of new building, an elevation certificate and floodproofing
certificate shall be submitted to the Department of Public Works.
The foregoing resolution was adopted at the regular City of San Rafael Planning Commission
meeting held on the 25th day of February 2020.
Moved by Commissioner ___________ and seconded by Commissioner _______________ as
follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: _______________________________ ______________________________
Paul A. Jensen, Secretary Jeff Schoppert, Chair