HomeMy WebLinkAboutPlanning Commission 2021-12-14 Agenda Packet
Planning Commission
Regular Meeting
Tuesday, December 14, 2021, 7:00 P.M.
AGENDA
Virtual Meeting
Watch on Webinar: https://tinyurl.com/pc-12-14-21
Watch on YouTube: http://www.youtube.com/cityofsanrafael
Telephone: (669) 900-9128
Meeting ID: 872-0645-4435#
One Tap Mobile: US: +16699009128,,87206454435#
CORONAVIRUS (COVID-19) ADVISORY NOTICE
In response to Assembly Bill 361, the City of San Rafael is offering teleconference
without complying with the procedural requirements of Government Code section
54953(b)(3). This meeting will be held virtually using Zoom.
How to participate in the meeting:
• Submit public comments in writing. Correspondence received by 5:00 p.m. the
Wednesday before this public hearing will be provided with the agenda materials
provided to the Commission. Correspondence received after this deadline but by
5:00 p.m. the day of the hearing will be conveyed to the Commission as a
supplement. Send correspondence to the project planner and to
planningpubliccomment@cityofsanrafael.org
• Join the Zoom webinar and use the 'raise hand' feature to provide verbal public
comment.
• Dial-in to Zoom's telephone number using the meeting ID and provide verbal
public comment.
Any member of the public who needs accommodations should contact the City Clerk
(email city.clerk@cityofsanrafael.org or phone at 415-485-3066) who will use their best
efforts to provide reasonable accommodations to provide as much accessibility as
possible while also maintaining public safety in accordance with the City procedure for
resolving reasonable accommodation requests.
Members of the public may speak on Agenda items.
CALL TO ORDER
RECORDING OF MEMBERS PRESENT AND ABSENT
APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS
PUBLIC NOTIFICATION OF MEETING PROCEDURES
ORAL COMMUNICATIONS FROM THE PUBLIC
Remarks are limited to three minutes per person and may be on anything within the subject
matter jurisdiction of the body. Remarks on non-agenda items will be heard first, remarks on
agenda items will be heard at the time the item is discussed.
CONSENT CALENDAR
The Consent Calendar allows the Commission to take action, without discussion, on Agenda
items for which there are no persons present who wish to speak, and no Commission
members who wish to discuss.
1. Approval of the Planning Commission Meeting Minutes of October 26, 2021
Recommended Action – Approve minutes as submitted
2. [UP21-006 & ED21-022] 800 Mission Ave. Project (“Aegis Living San Rafael”) –
Corrected Resolution
Resolution of the City of San Rafael Planning Commission amending the effective date
of Planning Commission Resolution No. 21-08
(Approval Of Development Permits For 800 Mission Avenue)
(APNS: 011-184-08 & -09)
Project Planner: Steve Stafford steve.stafford@cityofsanrafael.org
Recommended Action – Adopt corrected resolution
3. Ross Terrace Street (39 & 41 Ross Street)
Request for a Lot Line Adjustment for property line adjustment, Exception, and
Environmental and Design Review Permits to allow for the: (1) Construction of a 2,646
square-foot, single-family residence on vacant hillside Lot 59; (2) Construction of a
2,697 square foot residence on vacant hillside Lot 60; and (3) Construction of a two
lane access driveway within the undeveloped Ross Street Terrace right-of-way
approximately 480 feet in length from Ross Street; APNs: 012-141-59 and 012-141-60;
Single-family Residential (R7.5) District; Coby Freidman, applicant. File No(s).: LLA19-
008, ED19-090, ED19-091, and EX20-006.
Project Planner: David Hogan dave.hogan@cityofsanrafael.org
Recommended Action – Continue item
ACTION ITEMS
4. Aldersly Retirement Community, 326 and 308 Mission Avenue - Scoping meeting for
Notice of Preparation of an Environmental Impact Report (EIR) to assess impacts of the
Aldersly Retirement Community Project. The project proposes phased improvements on
the Aldersly Campus, including demolition and renovation of existing buildings and
construction of new buildings. APNs: 014-054-31 and -32; Planned Development (PD-
1775) Zoning District; Applicant: Peter Lin, Greenbriar Development; Property Owner:
Peter Schakow, Aldersly Retirement Community.
Project Planner: Jayni Allsep jayni.allsep@cityofsanrafael.org
Recommended Action – Accept public comment and direct staff to prepare a Draft
Environmental Impact Report (DEIR)
5. Neighborhood at Los Gamos - Request for General Plan Amendment GPA 20-001
(from Hillside Resource Residential to Neighborhood Commercial Mixed Use); Zone
Change ZC 20-002 (from Planned District – Hillside Development Overlay District (PD-
H) and Residential – Hillside Development Overlay District (R2a-H) to Planned
Development District (PD); Vesting Tentative Parcel Map (to combine and adjust the
boundaries of the existing parcels); and Environmental and Design Review ED 20-058;
for a mixed-use project with 192 multi-family residential units; an approximately 5,600-
square-foot retail grocery store; a 5,000-square-foot community center; and 225 at-grade
and semi-subterranean parking spaces; on a 10.24 acre site located on Los Gamos Road
north of Oleander Drive; on APN 165-220-06 and 165-220-07; Christopher Hart,
Applicant and Property Owner; Mont Marin/San Rafael Park Neighborhood.
Project Planner: Jeff Hamilton jhamilton@migcom.com
Recommended Action – Adopt Resolutions recommending to the City Council a)
adoption of the Mitigated Negative Declaration and MMRP; b) approval of the General
Plan Amendment; c) approval of the Zone Change; d) approval of the Vesting Tentative
Parcel Map with conditions; e) approval of the Environmental and Design Review
application with conditions
DIRECTOR’S REPORT
COMMISSION COMMUNICATION
ADJOURNMENT
Any records relating to an agenda item, received by a majority or more of the Commission
less than 72 hours before the meeting, shall be available for inspection online. Sign Language
interpreters may be requested by calling (415) 485-3066 (voice), emailing
city.clerk@cityofsanrafael.org or using the California Telecommunications Relay Service by
dialing “711”, at least 72 hours in advance of the meeting. Copies of documents are available
in accessible formats upon request.
The Planning Commission will take up no new business after 11:00 p.m. at regularly
scheduled meetings. This shall be interpreted to mean that no agenda item or other business
will be discussed or acted upon after the agenda item under consideration at 11:00 p.m. The
Commission may suspend this rule to discuss and/or act upon any additional agenda item(s)
deemed appropriate by a unanimous vote of the members present. Appeal rights: any person
may file an appeal of the Planning Commission's action on agenda items within five business
days (normally 5:00 p.m. on the following Tuesday) and within 10 calendar days of an action
on a subdivision. 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.
Minutes subject to approval at the meeting of December 14, 2021
Planning Commission
Regular Meeting
Tuesday, October 26, 2021, 7:00 P.M.
MINUTES
Virtual Meeting
Watch on Webinar: https://tinyurl.com/pc-2021-10-26
Watch on YouTube: http://www.youtube.com/cityofsanrafael
Telephone: (669) 900-9128
Meeting ID: 897-5534-1830#
CORONAVIRUS (COVID-19) ADVISORY NOTICE
In response to Executive Order N-29-20, the City of San Rafael will no longer offer an
in-person meeting location for the public to attend. This meeting will be held virtually
using Zoom.
How to participate in the meeting:
• Submit public comments in writing. Correspondence received by 5:00 p.m. the
Wednesday before this public hearing will be provided with the agenda materials
provided to the Commission. Correspondence received after this deadline but by
5:00 p.m. the day of the hearing will be conveyed to the Commission as a
supplement. Send correspondence to the project planner and
city.clerk@cityofsanrafael.org.
• Join the Zoom webinar and use the 'raise hand' feature to provide verbal public
comment.
• Dial-in to Zoom's telephone number using the meeting ID and provide verbal
public comment.
Any member of the public who needs accommodations should contact the City Clerk
(email city.clerk@cityofsanrafael.org or phone at 415-485-3066) who will use their best
efforts to provide reasonable accommodations to provide as much accessibility as
possible while also maintaining public safety in accordance with the City procedure for
resolving reasonable accommodation requests.
Present: Chair Pro Tem Previtali
Commissioner Harris
Commissioner Haveman
Commissioner Mercado
Commissioner Saude
Absent: Commissioner Lubamersky
Chair Samudzi
Also Present: Leslie Mendez, Planning Manager
April Miller, Assistant Public Works Director
CALL TO ORDER
Chair Pro Tem Previtali called the meeting to order at 7:00 p.m. He then invited Planning
Manager Leslie Mendez to call the roll. All commissioners were present, except
Commissioner Lubamersky and Chair Samudzi.
APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS
None
PUBLIC NOTIFICATION OF MEETING PROCEDURES
Chair Pro Tem Previtali invited Planning Manager Leslie Mendez who informed the
community the meeting would be streamed live to YouTube and members of the public
would provide public comment either on the telephone or through Zoom. She explained the
process for community participation on the telephone and Zoom.
ORAL COMMUNICATIONS FROM THE PUBLIC
None
CONSENT CALENDAR
Commissioner Mercado moved and Commissioner Saude seconded to approve the
Minutes.
Chair Pro Tem Previtali invited public comment; however, there was none.
1. Approval of the Planning Commission Meeting Minutes of October 12, 2021
Approved minutes as submitted
AYES: Commissioners: Harris, Haveman, Mercado, Saude & Chair Pro Tem Previtali
NOES: Commissioners: None
ABSENT: Commissioners: Lubamersky & Chair Samudzi
ABSTAIN: Commissioners: None
Motion carried 5-0
ACTION ITEM
2. Tiscornia Marsh Restoration Project, North of Canal Street – Public hearing for the
Draft Environmental Impact Report (DEIR) prepared to assess the environmental
impacts of the Tiscornia Marsh Restoration Project. The Tiscornia Marsh Restoration
Project proposes to restore the tidal marsh/mudflats located north and outboard of Canal
Street, as well as the City-owned diked marsh located north of the Albert J. Boro
Center/Pickleweed Park Playfields. APNs: 009-142-01, 009-032-08 and -09; Park/Open
Space- Wetland Overlay (P/OS-WO) District. Applicant: Marin Audubon Society;
Property Owners: Marin Audubon Society and City of San Rafael.
Project Planners:
Leslie Mendez Leslie.Mendez@cityofsanrafael.org
April Miller April.Miller@cityofsanrafael.org
Recommended Action – Take public testimony on the Draft Subsequent EIR for the
project and provide comments to staff on the Draft EIR
Leslie Mendez, Planning Manager introduced Alisa Moore and Dane Behrens, ESA (CEQA
Consultants) who presented the Staff Report.
CEQA consultants responded to questions from the Commissioners.
Applicant Barbara Salzman, Marin Audubon Society provided comments.
Chair Pro Tem Previtali invited public comment; however, there was none.
Commissioners provided comments.
No motion taken.
DIRECTOR’S REPORT
Planning Manager reported on the following items:
• On October 18, City Council City approved contracts for construction of Fire Stations 54
and 55
• On October 18, City Council adopted ADU Urgency Ordinance in effect for 45 days; Staff
needs to come back with replacement ADU Ordinance
Planning Manager announced no Planning Commission meetings in November. Three
items at the December 14 meeting to include Ross Terrace Project, Los Gamos Project and
Aldersly Scoping meeting.
COMMISSION COMMUNICATION
None
ADJOURNMENT
Chair Pro Tem Previtali adjourned the meeting at 8:00 p.m.
___________________________
LINDSAY LARA, City Clerk
APPROVED THIS _____DAY OF____________, 2021
_____________________________________
JON PREVITALI, Chair Pro Tem
Community Development Department – Planning Division
Meeting Date: December 14, 2021
Agenda Item: 2
Case
Numbers:
UP21-006 & ED21-022
Project
Planner:
Steve Stafford
Steve.stafford@
cityofsanrafael.org
DATE: December 9, 2021
TO: Chair Samudzi and Planning Commissioners
FROM: Steve Stafford, Senior Planner
SUBJECT: [UP21-006 & ED21-022] 800 Mission Ave. Project (“Aegis Living San Rafael”) –
Corrected Resolution
In August, 2021, the City Council adopted the new General Plan 2040 and the Downtown
Precise Plan which established a Form-Based Zoning Code for the Downtown zoning district.
On October 12, 2021, the Planning Commission (Commission) reviewed and conditionally
approved (5-1-1 vote; Previtali no, Harris absent) a project proposing to construct a new 103-
room/105-bed residential care facility with memory care services, located at the northwest
corner of Lincoln and Mission Avenues (Approved project plans and staff’s report to the
Commission are available electronically at https://www.cityofsanrafael.org/1203-lincoln/:
• https://storage.googleapis.com/proudcity/sanrafaelca/uploads/2021/09/Aegis-San-
Rafael-PC-revisions_9.01.21.pdf (Approved plans)
• https://storage.googleapis.com/proudcity/sanrafaelca/uploads/2021/12/PC-Staff-
report.pdf (Staff’s 10/12/21 report to the Commission)
Prior to the Planning Commission’s meeting, staff raised the question with the City Attorney
whether the application was subject to the newly adopted Downtown Precise Plan and
accompanying Form-Based Code or to the previous General Plan and zoning. To that point, the
project had been considered according to previous regulations, and planning staff had
concluded that since the 800 Mission Avenue project was so far along in the application
process, the City Council had not intended to apply the new land use regulations to the project.
Nevertheless, the City Attorney’s office recommended deferring consideration of the 800
Mission Avenue project while they researched which regulations should be applied; however,
the applicant requested that the project not be delayed. In order to accommodate the applicant,
staff agreed to proceed with October 12 Planning Commission hearing and to recommend
approval of the application based upon its consistency with the previous land use regulations.
However, as a precaution, staff advised the Planning Commission of its intention to place an
ordinance on an upcoming City Council agenda for the Council to confirm that the project was
exempt from the newly-adopted regulations, and requested that the Planning Commission make
its approval effective only upon the City Council’s approval of that ordinance. The Planning
Commission agreed to staff’s request, and included the following provision Planning
Commission Resolution No. 21-08 approving the project:
“NOW, THEREFORE, BE IT RESOLVED, that this resolution shall become
effective only upon the effective date of an ordinance adopted by the San Rafael City
Community Development Department – Planning Division
Meeting Date: December 14, 2021
Agenda Item: 2
Case
Numbers:
UP21-006 & ED21-022
Project
Planner:
Steve Stafford
Steve.stafford@
cityofsanrafael.org
Council which ordinance requires that the City only apply to applicant’s project those
zoning ordinances, standards and regulations in place at the time of submission of
applicant’s complete development application. For purposes of this resolution “zoning
ordinances, standards and regulations,” means the City’s general plan, precise plan,
zoning, design review standards and criteria, and subdivision standards and criteria;”
Subsequent to the October 12th Planning Commission meeting, the City Attorney’s office has
had the opportunity to adequately evaluate the provisions of the DPP and has determined that
by its terms, the DPP contemplated that existing “pipeline projects”, including the 800 Mission
Avenue project, would be grandfathered and processed subject to the zoning regulations in
effect prior to the adoption of the DPP. Consequently, no ordinance or other action by the City
Council is required and the pre-condition included in the project resolution No. 21-08 is not
needed.
Accordingly, as a housekeeping item to avoid confusion in the future, staff is recommending that
the Planning Commission adopt a resolution to delete the pre-condition and certain now
incorrect “Whereas” provisions from Resolution No. 21-08. (Exhibit 1) There are no changes to
the project as conditionally approved by the Planning Commission on October 12. The
proposed resolution provides that the effective date of that approval is deemed to be October
12, 2021, the date of adoption of Resolution No. 21-08.
1
RESOLUTION NO. _
RESOLUTION OF THE CITY OF SAN RAFAEL PLANNING COMMISSION AMENDING THE
EFFECTIVE DATE OF PLANNING COMMISSION RESOLUTION NO. 21-08
(APPROVAL OF DEVELOPMENT PERMITS FOR 800 MISSION AVENUE)
(APNS: 011-184-08 & -09)
WHEREAS, on September 4, 2018, the City Council denied an appeal and upheld the Planning
Commission’s conditional approval of a Use Permit (UP17-030) and an Environmental and Design
Review Permit (ED17-090) to allow the construction and operation of a new 77-residential room
assisted living facility with memory care services and associated garage parking, and site
improvements on two (2) vacant Downtown parcels located at 800 Mission Avenue; and
WHEREAS, on September 8, 2020, the Community Development Director approved the
consolidation (LLA19-006) of the two (2) parcels; and
WHEREAS, on March 8, 2021, Applicant Geoff Forner for Aegis Living submitted an application
to amend the project approvals (Use Permit Amendment UP21-006 and Environmental and Design
Review Permit Amendment ED21-022) by requesting an 11’ 2” height bonus to allow expansion of
memory care services, from 1 to 2 floors, and to increase residential rooms, from 77 to 103 rooms, and
beds, from 88 to 105 beds (the “Application”); and
WHEREAS, on August 3, 2021, the Design Review Board (Board) unanimously recommended
approval of the Application subject to certain additional required design modifications; the Applicant
subsequently revised the Application to include the requested additional design changes and worked
with staff to tentatively schedule the application for review by the Planning Commission on October 12,
2021; and
WHEREAS, following a three-year review and revision of the City’s general plan policies and
regulations, at hearings held on August 2, and August 16, 2021, the City Council adopted a
comprehensive new General Plan 2040 to set the City’s General Plan goals, policies and programs
through the year 2040, along with Ordinances No. 1996 and 1997 amending the zoning regulations for
Downtown San Rafael to be governed by a new Downtown Precise Plan and Form-Based Code (the
“New Zoning Ordinances”); and
WHEREAS, following the City’s Council’s actions in August 2021, Community Development
Department staff recommended that the New Zoning Ordinances were not intended to apply to the
Application and that the Application should continue to be reviewed for compliance with the zoning
ordinances in effect prior to August 2021, and in early October 2021 staff requested confirmation from
the City Attorney’s office that their recommendation was correct; and
WHEREAS, although the City Attorney’s office advised the Applicant in early October 2021 that
the City had not yet formally determined whether or to what extent the Application was exempt from the
New Zoning Ordinances, staff agreed to the Applicant’s urgent request to go forward with the Planning
Commission hearing on October 12, 2021 and agreed that staff would recommend approval of the
Application based on the assumption that it was exempt from the New Zoning Ordinances, but with the
understanding and the Applicant’s agreement that any approval of the Application by the Planning
Commission would be conditioned on the City Council adopting an ordinance recommended by staff to
clarify that the New Zoning Ordinances were not intended to apply to those Downtown development
applications deemed complete prior to August 16, 2021; and
2
WHEREAS, on October 12, 2021, Community Development Department staff presented to the
Planning Commission an agenda item recommending approval of the Application based on its
compliance with the general plan and zoning regulations in effect prior to August 2021, but requested
that the Planning Commission include with its approval a precondition providing that the approval would
become effective only upon adoption by the City Council of an ordinance to clarify that the New Zoning
Ordinances were not intended to apply to those Downtown development applications, including the
Application, deemed complete prior to August 16, 2021 (the” Precondition”); and
WHEREAS, on October 12, 2021, the Planning Commission held a duly noticed public hearing
on the Application and accepted all oral and written public testimony and the written report of the
Community Development Department staff, and adopted Planning Commission Resolution No. 21-08
conditionally approved (5-1-1 vote; Previtali no, Harris absent) the Application, with the requested
Precondition; and
WHEREAS, since the October 12, 2021 Planning Commission meeting the City Attorney’s office
has concluded its analysis and has determined that there is no need for the requested City Council
ordinance and recommends against adoption of such an ordinance, concluding that the terms of the
Downtown Precise Plan show the City’s intention that the New Zoning Ordinances would not be applied
to certain specified “pipeline projects”, including the 800 Mission Avenue; and
WHEREAS, to avoid confusion in the future staff is recommending that the Planning
Commission delete the Precondition from Resolution No. 21-08 and confirm that the project approval
and all remaining findings and conditions of that resolution are deemed to have become effective as of
its adoption on October 12, 2021;
NOW, THEREFORE, BE IT RESOLVED by the San Rafael Planning Commission as follows:
1. The final five “WHEREAS” provisions in Resolution No. 21-08 are no longer correct and
Resolution No. 21-08 is hereby amended to delete those provisions and replace them with the
following:
WHEREAS, under the terms of the new Downtown Precise Plan, the project at
800 Mission Avenue is a “pipeline project” that is exempt from the new zoning
regulations adopted by Ordinances No. 1996 and No. 1997, and should be
reviewed for conformity with the zoning ordinances in effect prior to August 2021;
and
2. The following provision of Resolution No. 21-08 is hereby deleted in its entirety:
NOW, THEREFORE, BE IT RESOLVED, that this resolution shall become
effective only upon the effective date of an ordinance adopted by the San Rafael
City Council which ordinance requires that the City only apply to applicant’s
project those zoning ordinances, standards and regulations in place at the time of
submission of applicant’s complete development application. For purposes of
this resolution “zoning ordinances, standards and regulations,” means the City’s
general plan, precise plan, zoning, design review standards and criteria, and
subdivision standards and criteria;
3. Except as amended in this Resoltuion, Resolution No. 21-08 is confirmed in its entirety, and
shall be deemed to be effective as of its date of adoption, October 12, 2021.
3
The foregoing Resolution was adopted at the regular meeting of the City of San Rafael Planning
Commission held on the 14th day of December 2021.
Moved by Commissioner and seconded by Commissioner
:
AYES: COMMISSIONERS
NOES: COMMISSIONERS
ABSENT: COMMISSIONERS
SAN RAFAEL PLANNING COMMISSION
ATTEST: ______________________ BY:______________________
Leslie Mendez, Secretary Shingai Samudzi, Chair
Community Development Department – Planning
Division
Meeting Date: December 14, 2021
Agenda Item: 3
Case Numbers: LLA19-008, ED19-090,
ED19-091, EX20-006
Project Planner:
David Hogan
dave.hogan@
cityofsanrafael.org
REPORT TO PLANNING COMMISSION
SUBJECT: Ross Terrace Street (39 & 41 Ross Street, – Request for a Lot Line Adjustment for
property line adjustment, Exception, and Environmental and Design Review Permits to allow for the:
(1) Construction of a 2,646 square-foot, single-family residence on vacant hillside Lot 59; (2)
Construction of a 2,697 square foot residence on vacant hillside Lot 60; and (3) Construction of a two
lane access driveway within the undeveloped Ross Street Terrace right-of-way approximately 480
feet in length from Ross Street; APNs: 012-141-59 and 012-141-60; Single-family Residential (R7.5)
District; Coby Freidman, applicant. File No(s).: LLA19-008, ED19-090, ED19-091, and EX20-006.
This item is being continued off calendar so that the project can be reviewed and recommended by the
Design Review Board. The Design Review Board meeting is tentatively scheduled for January 19, 2022
and the project will return to Planning Commission afterwards at a duly and newly noticed date to be
determined.
Community Development Department – Planning Division
Meeting Date: December 14, 2021
Agenda Item:
4
Case Numbers:
ZC20-001, UP20-022
ED 20-051 & IS20-003
Project Planner:
Jayni Allsep
Jayni.allsep@cityofsanrafa
el.org
REPORT TO PLANNING COMMISSION
SUBJECT: Aldersly Retirement Community, 326 and 308 Mission Avenue - Scoping meeting for
Notice of Preparation of an Environmental Impact Report (EIR) to assess impacts of the Aldersly
Retirement Community Project. The project proposes phased improvements on the Aldersly Campus,
including demolition and renovation of existing buildings and construction of new buildings. APNs: 014-
054-31 and -32; Planned Development (PD-1775) Zoning District; Applicant: Peter Lin, Greenbriar
Development; Property Owner: Peter Schakow, Aldersly Retirement Community.
EXECUTIVE SUMMARY
The Aldersly Retirement Community and Greenbriar Development have filed applications for a project that
proposes phased improvements over the next ten years on the Aldersly Campus. The project includes
demolition and renovation of existing buildings, and construction of new buildings on the Campus. Project
applications include the following:
• A zoning amendment to amend the previously approved Planned Development (PD) Ordinance
No. 1775, including revised Aldersly PD Development Standards (ZC20-001);
• An amendment to a master use permit (UP20-022); and
• An environmental and design review permit for Phases 1-4 (ED20-051)
An Historic Resources Evaluation prepared by Page & Turnbull (December 2020) concluded that the
Aldersly Retirement Community property is eligible for listing as a historic district in the California Register
of Historical Resources (California Register). Given the proposed project would require the demolition of
buildings that are considered to be historically significant, staff determined that an Environmental Impact
Report (EIR) would be required. In accordance with Section 15064.5. of the CEQA Guidelines, a project
with an effect that may cause a substantial adverse change in the significance of an historical resource is
a project that may have a significant effect on the environment. Therefore, an EIR will be prepared to
address this significant impact.
An Initial Study was prepared to determine if the project would result in other potentially significant impacts
on the environment. As documented in the Initial Study, all other potentially significant 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
mitigation measures are included in the Initial Study. Based on the conclusions of the Initial Study, no
other impacts require further analysis in the EIR.
Consistent with the California Environmental Quality Act, the issuance of a Notice of Preparation (NOP) is
required when the lead agency has determined that an EIR will be prepared. An NOP was issued on
November 22, 2021, and transmitted to the State Clearinghouse, responsible and trustee agencies and
interested parties, to announce the initiation of the EIR process. The purpose of the scoping meeting is to
afford the Planning Commission, other agencies, and the public an opportunity to provide oral comments
on the Initial Study and the scope of issues and alternatives to be addressed in the EIR. Following the
REPORT TO PLANNING COMMISSION - Case Nos: ZC20-001, UP20-022
ED 20-051 & IS20-003 Page 2
close of the 30-day NOP comment period, City staff will review comments received and consider revisions
to the Initial Study and/or the scope of the Draft EIR, in accordance with CEQA Guidelines.
RECOMMENDATION
It is recommended that the Planning Commission take the following action:
1. Accept public comment on the Notice of Preparation, Initial Study, and the scope of issues to be
addressed in the EIR; and
2. Direct staff to prepare a Draft Environmental Impact Report (DEIR), taking into consideration verbal
and written comments received during the scoping period.
BACKGROUND
Site Description/Setting:
The Aldersly Retirement Community occupies 2.88 acres on the north side of Mission Avenue and
extending to Belle Avenue to the north. The property slopes uphill from Mission Avenue frontage (13-16 ft.
elevation) to Belle Avenue (40-60 ft. elevation). The campus is developed with residential, administrative,
and healthcare buildings connected by an extensive network of landscaped pedestrian paths and gardens
and on-site parking.
The campus is located within the Montecito/Happy Valley Neighborhood, one of San Rafael’s oldest
neighborhoods. The area surrounding the Aldersly campus contains a mix of residential, retail, and
community services. The site has a General Plan Land Use designation as High Density Residential and
is zoned PD - Planned Development (Ordinance No. 1775). The Aldersly campus is located just north of
the Montecito Commercial Sub-Area of the Downtown Precise Plan Area.
Founded in 1921 as a retirement community for Danish immigrants, Aldersly has been transformed
numerous times over its 100 years to meet the changing needs of residents and new concepts of
community care. None of the original buildings of the Aldersly campus remain, and the existing buildings
on the campus represent a variety of styles reflecting the four periods of redevelopment in the 1940s,
1960s, 1990s and early 2000s. The most recent major development on the campus is the 30-unit assisted
living facility and attached parking garage (Rosenborg), completed in 2004. Figure 1 below depicts the
existing buildings on the Aldersly campus.
REPORT TO PLANNING COMMISSION - Case Nos: ZC20-001, UP20-022
ED 20-051 & IS20-003 Page 3
PROJECT DESCRIPTION
The project proposes phased improvements over the next ten years that include demolition and renovation
of existing buildings, and construction of new buildings on the Aldersly Campus. As noted in the proposed
PD Zoning and Development Standards, the overall goal of the master plan is “to keep Aldersly a boutique
residential community for older people looking for a home with hygge - Danish for the experience of
coziness and comfortable conviviality that engenders feelings of contentment and well-being”.
At buildout of the Development Plan in approximate ten years (2031), the project would result in a new
four-level Independent Living (IL) building along Mission Avenue, a new Independent Living building on
the western portion of the site, a new service building along Belle Avenue, three renovated/reconfigured
buildings, and new outdoor spaces including a memory care garden, activity lawn, and rose terrace. The
project, which includes demolition of six existing buildings, construction of three new buildings, and
additions/renovations to four existing buildings, would result in fourteen (14) additional independent living
units, an increase from 55 units to 69 units. The number of Assisted Living/Memory Care beds (35 beds)
and Skilled Nursing beds (20 beds) would remain unchanged. The number of on-site parking spaces would
increase from 48 to 56 spaces at buildout of the Aldersly Development Plan.
The proposed phasing of the Aldersly Development Plan is outlined below:
PHASE 1 MISSION AVENUE INDEPENDENT LIVING
Phase 1A: New Mission Ave Independent Living (IL) Building:
REPORT TO PLANNING COMMISSION - Case Nos: ZC20-001, UP20-022
ED 20-051 & IS20-003 Page 4
1. Demolition of Marselisborg (4,500 sq. ft.), Graasten (4,320 sq. ft.), Lieslund (1,800 sq. ft.)
Independent Living buildings and the single-family residence at 308 Mission Avenue
2. Construction of new independent living apartments along Mission Avenue (net gain of 21 residential
units and 9 parking spaces)
3. Redesign the parking spaces (6 net new spaces) located near the new east driveway (308 Mission
property)
4. Redesign of the site entry (1 net new parking space)
5. Expansion of community space and improve central courtyard
Phase 1B: Frederiksborg Independent Living (Remodel/Addition):
1. Interior renovation of 15,000 sq. ft. Frendensborg (no discretionary review required; consistent with
approved Development Plan)
2. Partial rebuild of 5,000 sq. ft. Frederiksborg with a 1,200 sq. ft. addition for a total of 7,200 sq. ft. (4
new parking spaces)
Phase 1C: Fredensborg Terrace
1. Improve outdoor space
GRADING REQUIRED FOR PHASE 1: 4,953 Cubic Yards (cy) of export; Est. 502 Truck Trips
PHASE 2A & 2B - KRONBORG RENOVATION
1. Renovate existing 14,250 sq. ft. Kronborg (20 Skilled Nursing beds; no net increase)
2. Renovate lower level to provide Wellness and additional amenities
3. Demolish the 6,510 sq. ft. Minor Building currently used for Independent Living (loss of 8 residential
units)
4. Add a new service connector with an elevator to support and improve site circulation
5. Expand outdoor garden for Memory Care
GRADING REQUIRED FOR PHASE 2: 497 Net Cubic Yards (cy) of export; Est. 51 Truck Trips
PHASE 3 - CHRISTIANSBORG RENOVATION
1. Renovate and expand Christiansborg (5,500 SF) Independent Living units
2. Improve outdoor spaces with landscaping; define a core active space for the residents
GRADING REQUIRED FOR PHASE 3: 0 Cubic Yards (cy) of export; 0 Truck Trips
PHASE 4 - WEST CAMPUS INDEPENDENT LIVING ADDITION
1. Replace Amalienborg (5,500 sq. ft.) and Sorgenfri (3,800 sq. ft.) with a new Independent Living
building (+1 unit net)
GRADING REQUIRED FOR PHASE 2: 872 Net Cubic Yards (cy) of export; Est. 89 Truck Trips
Project Applications
Project applications include the following:
• A zoning amendment to amend the previously approved Ordinance No. 1775, including revised
Aldersly PD Development Standards. (ZC20-001);
• An amendment to a master use permit (UP20-022); and
• An environmental and design review permit for Phases 1-4 (ED20-051)
ENVIRONMENTAL ANALYSIS AND REVIEW
Initial Study
As noted above, an Historic Resources Evaluation prepared by Page & Turnbull (December 2020) and
submitted by the applicant concluded that the Aldersly Retirement Community property is eligible for listing
as a historic district in the California Register of Historical Resources (California Register). Given the
proposed project would require the demolition of buildings that are considered to be historically significant,
staff determined early in the review process that an Environmental Impact Report (EIR) would be required.
In accordance with Section 15064.5. of the CEQA Guidelines, a project with an effect that may cause a
REPORT TO PLANNING COMMISSION - Case Nos: ZC20-001, UP20-022
ED 20-051 & IS20-003 Page 5
substantial adverse change in the significance of an historical resource is a project that may have a
significant effect on the environment. Substantial adverse change in the significance of an historical
resource means physical demolition, destruction, relocation, or alteration of the resource or its immediate
surroundings such that the significance of an historical resource would be materially impaired. The
significance of an historical resource is materially impaired when a project demolishes or materially alters
in an adverse manner those physical characteristics of an historical resource that convey its historical
significance and that justify its inclusion in, or eligibility for, inclusion in the California Register of Historical
Resources.
An Initial Study was prepared to determine if the project would result in other potentially significant impacts
on the environment. As documented in the Initial Study, all other potentially significant 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 included in the Initial Study.
Notice of Preparation
A Notice of Preparation (NOP) including the Initial Study was published on November 22, 2021, to
announce the commencement of the EIR process and to solicit comments concerning the scope of issues
to be addressed in the EIR. A 30-day public review period is being observed and public comments will be
accepted until Tuesday, December 22, 2021. The purpose of the scoping hearing is to afford the Planning
Commission, other agencies, and the public an opportunity to provide oral comments on the Initial Study
and the scope of issues and alternatives to be addressed in the EIR. Following the close of the 30-day
NOP comment period, City staff will review comments received and consider revisions to the Initial Study
and/or the scope of the Draft EIR, in accordance with CEQA Guidelines.
Probable Environmental Effects
The following is a summary of the conclusions of the Initial Study. It is presented in accordance with the
categories of potential environmental effect listed in the Initial Study Checklist: No Impact, Less than
Significant Impact, Less than Significant Impact with Mitigation Incorporated, and Significant Impact.
“No Impact” and “Less than Significant Impact” Determinations
The proposed project was determined to have “no impact” or “less than significant impact” in the following
topic areas. Therefore, no mitigation is recommended, and no further analysis is warranted in the Draft
EIR.
Aesthetics
Agriculture and Forest Resources
Energy
Greenhouse Gas Emissions
Hazards and Hazardous Materials
Hydrology and Water Quality
Land Use and Planning
Mineral Resources
Population and Housing
Public Services
Recreation
Transportation
Utilities and Service Systems
Wildfire
REPORT TO PLANNING COMMISSION - Case Nos: ZC20-001, UP20-022
ED 20-051 & IS20-003 Page 6
Less than Significant Impact with Mitigation Incorporated
The proposed project was determined to have a “Less than Significant Impact with Mitigation Incorporated”
in the following topic areas. Mitigation Measures identified in the Initial Study would reduce project impacts
to less-than-significant. Therefore, no further analysis is warranted in the Draft EIR.
Air Quality
Biological Resources
Geology and Soils
Noise
Tribal Cultural Resources
Significant Impact
The proposed project was determined to have a “Significant Impact” in the following topic area:
Cultural Resources (historic resources)
The proposed project would require the demolition of buildings that are considered contributors to the
eligible historic district. No mitigation or alternative has been proposed that would avoid or reduce project
impacts on historic resources to less than significant. Therefore, an EIR will be prepared to address this
significant impact. Based on the conclusions of the Initial Study, no other impacts require further analysis
in the EIR.
Project Alternatives
The EIR will also address alternatives, including the “No Project” alternative (required by CEQA) that would
avoid or substantially lessen the significant effects. One of the intents of the NOP and the Commission’s
scoping session is to help determine potential alternatives to the project for discussion in the EIR. Staff is
recommending that the EIR assess 3 alternatives including the No Project alternative. Project alternatives
analyzed in the EIR will be limited to concepts or approaches that would meet the project objectives
identified by the applicant. Following the close of the 30-day NOP comment period, City staff will review
comments received and develop alternatives to evaluate in the EIR that would avoid or minimize significant
impacts, in accordance with CEQA Guidelines.
NEXT STEPS
Draft EIR
Preparation of the Draft EIR (DEIR) will begin, focusing on the significant impact on historic resources
noted above. However, the full scope of the DEIR will not be finalized until the 30-day comment period has
ended and the scoping comments have been considered. It is expected that completion of the DEIR will
take approximately three (3) months. Once the DEIR is completed, a Notice of Availability (NOA) will be
released initiating a 45-day public review period for comment on the DEIR. The Planning Commission will
hold a public hearing on the DEIR during the 45-day public review period and will provide the public an
opportunity to comment on the adequacy of the document.
Final EIR and Project Merits
Following the 45-day public review period for the DEIR, the environmental consultant will respond to the
comments raised during the review period and prepare a Final EIR (FEIR). The FEIR, along with the project
merits, will be considered by the Planning Commission and the City Council at noticed public hearings.
This project requires an amendment to the approved PD Development Plan (Zoning Amendment,) which
requires action by the City Council. Therefore, the Planning Commission action will be a recommendation
to the City Council.
REPORT TO PLANNING COMMISSION - Case Nos: ZC20-001, UP20-022
ED 20-051 & IS20-003 Page 7
CORRESPONDENCE
As of the date and publication of this staff report, the City has received no correspondence on the NOP
or Initial Study. Correspondence received before the Planning Commission meeting will be forwarded to
Commission members under separate cover.
EXHIBITS
1. NOP and Initial Study for Aldersly Retirement Community Project, November 2021
https://storage.googleapis.com/proudcity/sanrafaelca/uploads/2021/11/Aldersly_NOP_IS_20211122.pdf
Plans/documents and supportive studies provided on website: https://www.cityofsanrafael.org/aldersly/
Community Development Department – Planning Division
Meeting Date: December 14, 2021
Agenda Item:
5
Case Numbers:
ED20-058/GPA 20-
001/ZC 20-002
Project Planner:
Jeff Hamilton,
jhamilton@migcom.com
REPORT TO PLANNING COMMISSION
SUBJECT: The Neighborhood at Los Gamos – Request for General Plan Amendment GPA 20-001
(from Hillside Resource Residential to Neighborhood Commercial Mixed Use); Zone Change ZC 20-
002 (from Planned District – Hillside Development Overlay District (PD-H) and Residential – Hillside
Development Overlay District (R2a-H) to Planned Development District (PD); Vesting Tentative Parcel
Map (to combine and adjust the boundaries of the existing parcels); and Environmental and Design
Review ED 20-058; for a mixed-use project with 192 multi-family residential units; an approximately
5,600-square-foot retail grocery store; a 5,000-square-foot community center; and 225 at-grade and
semi-subterranean parking spaces; on a 10.24 acre site located on Los Gamos Road north of Oleander
Drive; on APN 165-220-06 and 165-220-07; Christopher Hart, Applicant and Property Owner; Mont
Marin/San Rafael Park Neighborhood.
EXECUTIVE SUMMARY
The proposed mixed-use project includes 192 residences, 225 parking spaces, a 5,574 square-foot
retail grocery store, and a 5,003 square-foot community center. The project is employing State Density
Bonus law and includes 10% of the dwelling units or 20 units as below market rate (BMR) units available
to low income households. The project is subject to Environmental and Design Review for a Major
Physical Improvement (with three or more dwelling units) as defined in SRMC Section 14.25.040(A); a
proposed General Plan Amendment (GPA 20-001) as provided by City Resolution 8379; a Zone
Change (ZC 20-002) as provided by SRMC Section 14.27.020(A); and a Vesting Tentative Parcel Map
as provided by SRMC Sections 15.03 and 15.04. The proposed General Plan Amendment is to change
the designation of the site from Hillside Resource Residential (HRR) to Neighborhood Commercial
Mixed Use (NCMU). This is necessary to accommodate the proposed mixed-use character of the project
and the proposed density of 18.75 dwelling units per acre. The proposed Zone Change is to rezone the
site from Planned District – Hillside Development Overlay District (PD-H) and Residential – Hillside
Development Overlay District (R2a-H) to Planned Development District (PD). Use of the PD zone is
recommended by General Plan Land Use Policy LU-1.15 for sites greater than 5 acres “when the
application of traditional zoning standards would make it more difficult to achieve General Plan goals.”
Because there are multiple approval authorities involved with this project, all the applications will be
reviewed by the Planning Commission which will provide a recommendation for review and decision by
the City Council pursuant to SRMC Subsection 14.02.02.J.
The project went before the Design Review Board (DRB) on October 5, 2021. The DRB recommended
approval of the project design to the Planning Commission with recommendations to revise the color of
the walls of the structures, consider revising some of the retaining walls, to alter the landscaping plan
and a recommendation that the project return for a final review of site and landscaping plan subsequent
to the Planning Commission decision (see Design Review Board Recommendations section below).
Consistent with the California Environmental Quality Act (CEQA), an Initial Study was prepared to
assess the impacts of the project on the environment. Based upon the analysis in the Initial study, any
potential impacts can be mitigated to a less than significant level, thus supporting adoption of a mitigated
negative declaration. To address public comments, the Final Mitigated Negative Declaration includes
REPORT TO PLANNING COMMISSION - Case No: ED20-058/GP 20-001/ZC 20-002 Page 2
all comments and the response to those comments. The Final Mitigated Negative Declaration will be
made available for public review and comment prior to the public hearing by the City Council.
Staff has evaluated the proposed project and supporting documents to determine consistency with the
California Environmental Quality Act (CEQA), City of San Rafael General Plan, Zoning Ordinance, and
applicable design guidelines. Based on staff’s review and recommendations provided by the Design
Review Board, it is recommended that the Planning Commission make a recommendation to City
Council to adopt the Mitigation Negative Declaration and approve the project, subject to conditions and
mitigation monitoring program provided herein.
RECOMMENDATION
It is recommended that the Planning Commission take the following action:
1. Adopt a resolution recommending that the City Council approve the Mitigated Negative
Declaration with the Mitigation Monitoring and Reporting Program (MMRP).
2. Adopt resolutions recommending that the City Council approve the General Plan Amendment,
Zone Change, application for Environmental and Design Review, and the Vesting Tentative
Parcel Map.
PROPERTY FACTS
Address/Location: Southerly terminus of
Los Gamos Road
Parcel Number(s): APN 165-220-06
and 165-220-07
Property Size: 10.24 acres Neighborhood: Mont Marin/San
Rafael Park
Location General Plan Designation (2040) Zoning Designation Existing Land-Use
Project Site: Existing: HRR
Proposed: NCMU
Existing: PD-H
and R2a-H
Proposed: PD
Vacant hillside
North: PROS, P/QP P/OS, PD (1963) Vacant hillside
South: PROS, VLDR R2a-H Single and
Multi-family Residential
East: MDR, OMU, P/QP R2a-H, O, PD (1963),
PD (1508)
Office, Gymnasium
West: PROS P-OS Vacant hillside
Lot Size Lot Coverage (Max.) OR Natural State (Min.)
Required: 2.5 acres min.
Proposed: 10.24 acres
Standard: No standard for residences; 0.01 FAR for
commercial. No Natural State minimum
because the property would be in a PD
zone
Proposed: 17.08% lot coverage; 50% (5.17 acres) in
natural state (4.83 ac unimproved open
space and 0.34 ac of improved hillside
open space); 1.29 acres of improved
landscaping near buildings; 0.01 FAR for
commercial component
Height* Residential Density OR Gross Building/Floor Area
Allowed: 30’
Proposed: approx. 58’**
Allowed: 24.2 du/ac
Proposed: 18.75 du/ac
REPORT TO PLANNING COMMISSION - Case No: ED20-058/GP 20-001/ZC 20-002 Page 3
Min. Lot Width (New Lots) Upper Floor Area (Non-hillside residential)
Required: No min.
Proposed: >1,200’
Allowed: n/a
Proposed: n/a
Outdoor Area OR Landscape Area
Required: No standard
Proposed: 1.29 acres of improved
landscaping; 0.34 acres
of improved hillside open
space; 4.83 acres of unimproved
open space
Grading
Total: 88,000 cy
Cut: 71,000 cy
Fill: 17,000 cy
Export: 54,000 cy
Setbacks Required Existing Proposed
Front: n/a n/a Min. 46’ from
easterly PL;
approx. 80’
to street ROW
Side(s):
Ext. side:
Ped. side:
Bldg. sep
Rear:
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Over 400’ to
southerly PL,
165’ to northerly
PL
Min. 20’
Min. 51’
Tree Removal
Total (No./Species): 285: 256 oak, 21 bay, 8 other
55 trees proposed for removal incl. 51 oak, 1 bay, 2 pine, 1 Australian blackwood
Requirement: 11 trees in parking area; 26 x 3 for oaks=78 new trees
Proposed: 210 trees to be planted in and around development site; (55 Cathedral Live Oak—not a
species recommended in the hillside guidelines Appendix B)
Residential Parking
(Affordable Housing) Maximum (Unit Type) Total
Studio 1/unit 36 Studios: 36 spaces
1 BR 1/unit 48 1 BR: 48 spaces
2 BR 1.5/unit 90 2 BR: 135 spaces
3 BR 1.5/unit 18 3 BR: 27 spaces
Guest None 42
Max. Spaces (State (law) Total Proposed
246 spaces 213:
171 resident & 42 guest
Commercial Parking Required Proposed
Market (5,574 sf) 1 space/250 sf: 22 spaces 12
Community Center (5,003 sf) 1/250 sf: 20 spaces 0
Residential Parking: 213 spaces provided. State law limits the City to requiring no more than 246 spaces; no
minimum is required.
Commercial Parking: 42 spaces required, 12 provided.
Total Parking Deficit: 30 spaces***
REPORT TO PLANNING COMMISSION - Case No: ED20-058/GP 20-001/ZC 20-002 Page 4
* Hillside building height is measured from natural grade to top of roof/structure at all points of the structure.
Standard building height is measured from an established exterior finished grade elevation to mid-point of a
sloped roof.
**Building height waiver sought through State density bonus provisions
***Development concession sought by applicant through State density bonus provisions
Site Description/Setting:
The 10.24-acre site is on a vacant hillside with a generally east-facing slope. The site is located below
the ridgeline west of the site. The average slope of the property is 36.9%. The proposed development
would remain below the ridgeline west of the site.
According to the arborist’s report there are 285 trees on the property, including 256 oaks of various
species and 21 Bay Laurel. Other trees include Stone Pines, Toyon and Australian Blackwood.
The site is within the Mont Marin/San Rafael Park neighborhood. It is north of the Oleander Park
neighborhood, west of Redwood Highway (State Highway 101), south of the homes along Montevideo
and Salvador Ways, and east of the homes along Las Gallinas Avenue. There is an existing office
building east and below the site at 1401 Los Gamos Drive. The Marin YMCA at 1500 Los Gamos Drive
is northeast of the site.
The site does not have frontage on a public street. The Los Gamos Drive right-of-way currently
terminates just east of the site. Access to the site is proposed via an easement running generally east-
west from the site to the existing terminus of Los Gamos Drive. The applicant currently owns this
easement. The easement would connect to the existing driveway serving the office at 1401 Los Gamos
Drive. See Figures 1 and 2 below.
According to the hydrology study for the project, there are two existing drainage paths that cross the
site from west to east, and another that skirts the northerly edge of the development site.
Figure 1: Vicinity Map and Project Location
REPORT TO PLANNING COMMISSION - Case No: ED20-058/GP 20-001/ZC 20-002 Page 5
Figure 2: Proposed Site Plan
BACKGROUND
A preliminary version of the project was submitted in 2019 for consideration. At a hearing on January
14, 2020, the Planning Commission reviewed the project and individual commissioners offered the
following comments:
• It is time to re-evaluate zoning for this site;
• Intensity could be ok if properly designed and with thorough review of environmental impacts;
• Clustering is good idea;
• The project would contribute to the City’s housing need;
• Would not support any more than 180 units;
• Would like to see the applicant address work force housing;
• Make market more visible;
• Continue reaching out to County for access swap;
• Consider reducing the amount of trails within the private open space areas;
• Need to define whether trails would be accessible to public;
• Specify how trails would be maintained;
• Address how trails and recreational equipment impact natural state;
• Recreational equipment should be located closer to buildings;
• Contribute as much green/low energy elements as possible;
• EV; Solar; roof orientation and design;
• Prepare more photo-simulations including views from street level to get a better sense of what
the project would look like;
• Demonstrate compliance with Hillside design;
• Height might be okay if bulk and mass can be addressed and proforma supports; use hillside
definition of height;
• Consider adding carports over parking areas to reduce the appearance of bulk and mass;
• Address views from open space;
• Landscaping design and materials needs to be appropriate;
• Environmental review needs to consider all impacts including traffic impacts of other projects.
REPORT TO PLANNING COMMISSION - Case No: ED20-058/GP 20-001/ZC 20-002 Page 6
Action by the Design Review Board
The Design Review Board considered the project at a public hearing on October 5, 2021.
Recommendations from the Design Review Board are found in that section below.
PROJECT DESCRIPTION
The mixed-use development project proposes to change the Land Use designation of the site in the
General Plan from Hillside Resource Residential to Neighborhood Commercial Mixed Use. The site is
also proposed to be rezoned from Planned District – Hillside Development Overlay District (PD-H) and
Residential – Hillside Development Overlay District (R2a-H) to Planned Development District (PD). A
Vesting Tentative Parcel Map is proposed to combine the two existing parcels into one and to
reconfigure the boundaries. The project is subject to Environmental and Design Review because the
project proposes a Major Physical Improvement (with three or more dwelling units) as defined in SRMC
14.16.030.
Use: The project proposes multifamily residential use; a small grocery store; a recreational facility
consisting of a “community center” and the leasing office; parking, landscaping, private and common
open space; and physical improvements including a circular driveway and retaining walls necessary to
support the project. The residential component includes 192 dwelling units. The apartments range in
size from 496 square-foot studios to 1,153 square-foot three-bedroom units. There would be 36 studios,
48 one-bedroom units, 90 two-bedroom units, and 18 three-bedroom units. The two-bedroom units
would be offered in three floor plans; the one and three-bedroom units would each have one floor plan.
Each unit would have a private balcony or deck ranging from 72 square feet for the studios to 143
square feet for the three-bedroom units. The applicant has committed to include ten percent of the units
(20 units) as affordable at the Low Income level, thereby qualifying the project for waivers and one
concession pursuant to Density Bonus law. A total of 225 parking spaces are proposed including 171
covered spaces, 42 at-grade spaces and 12 covered spaces serving the recreational facility. The
proposed 5,574-square-foot grocery store is at the ground floor of a two-story building that would also
contain the recreational facility and leasing office. The recreational facility totals 5,003 square-feet
including the leasing office of just over 900 square feet. There is common recreation space on the roof
of the recreation facility including a children’s play area and a pergola providing a shaded seating area.
The common open space above the recreational facility, and on a series of terraces south of the
building, would total approximately 10,000 square feet. South of the new buildings is the South Park
area, over an acre of the hillside that would include a combination of undisturbed hillside and improved
recreational areas.
Access to the site would be via a private driveway from Los Gamos Drive. The driveway would connect
to a large loop internal driveway. Buildings 1 and 2 would have 36 parking spaces for the 36 apartments
in each building. Buildings 3, 4 and 5 would have 33 parking spaces for the 40 apartments in each
building. The project qualifies for the reduced parking standards of State Density Bonus Law
(Government Code Section 65915(p)), but still proposes 213 where a maximum of 246 can be required
under State law. Twelve parking spaces are provided beneath the recreational facility where 42 are
required, giving a 30 space deficit. As part of the density bonus application, the applicant has requested
that a parking reduction be granted as a development concession under State Density Bonus Law (Gov.
Code Section 65915).
The buildings range from 47 to 58 feet in height above the natural grade. The allowed maximum height
is 30 feet per the 2040 General Plan, Figure 3-3. As an affordable housing project and as part of the
density bonus application, the applicant has requested that the height increase be granted as a waiver.
Under State law, in no case may the City apply any development standard that will have the effect of
physically precluding the construction of a qualifying density bonus development.
REPORT TO PLANNING COMMISSION - Case No: ED20-058/GP 20-001/ZC 20-002 Page 7
Site Plan: The property totals 10.24 acres, or 446,054 square feet. Approximately 5.07 acres of the site
would be improved with buildings, roads and landscaping. Landscaping in the development area would
total approximately 1.29 acres. Another 0.19 acres of the site would be improved with bio-treatment
areas to manage stormwater before it enters the storm drain network. South of the development area
is the South Park area which is over an acre in area and includes both natural and improved open
space. The improved area totals approximately 0.34 acres and includes children play structures,
benches, paths and a bridge to access the area from the new buildings. Approximately 4.83 acres of
the site would remain as unimproved open space including areas west and upslope from the buildings
as well as within the South Park area. A total of 50 percent of the site would remain as natural open
space as defined in the City’s Hillside Design Guidelines. As shown on the building elevations (page
A105 of the plans), the peaks of the proposed buildings are all below the ridgeline behind and west of
the site.
There would be five apartment buildings. Buildings 1 and 2 would be three stories tall above semi-
subterranean parking. Buildings 3, 4 and 5 would be four stories tall above the parking. The market and
community center would be two stories tall above the parking level. At-grade, above and adjacent to
the market/community center building would be a public plaza (the “Village Commons”) of almost 10,000
square feet that includes seating, a water feature, a children’s play area and other recreational
amenities. South of the apartment buildings, the applicant proposes to improve the hillside with a
recreational area while leaving most of the existing woodland intact. There would be a walking path,
play structures and exercise stations in this area.
Landscaping would be planted around the proposed buildings, the surface parking areas and along the
loop drive system. Other than the surface parking lots, all resident and customer parking would be in
semi-subterranean, “tuck under” structures beneath each of the buildings. Trash would be stored in the
parking garages. On collection days, bins would be moved to short-term at-grade pads adjacent to the
buildings, then put away after collection. A storage enclosure would be provided for each apartment in
half of the building level above the parking area.
Views of the site from neighboring properties are shown on pages A801 and A802 of the plans. Some
of the neighboring structures are also shown on A802.
Architecture: The buildings are designed in a Contemporary style. Walls would be a combination of
stucco, lap siding and painted concrete. Trim would be painted wood. Colors are earth-tones in
complementary shades. Large areas of each of the walls of the residential buildings incorporate
windows, introducing considerable light into the units. The residential buildings use horizontal and
vertical articulation to break up the mass. The rooflines also vary and utilize gables to increase visual
interest. The roofs would be a combination of composition shingle on the pitched roofs and rolled roofing
on the flat area. Solar panels are proposed for each of the buildings.
The smaller building where the grocery store and community room would be located is proposed in the
same style with the same materials and finishes but includes large windows on the east side of the
building. Each of the floors of the building steps back up the hill, creating small sitting and eating spaces
on the east side of the façade. The stairway and elevator columns are also styled in a way that breaks
up the mass. In addition, the rooftop pergola adds interest while providing some shade for people using
the rooftop recreation area.
Perspective drawings of the proposed project are shown on pages L1.02, L1.05, L1.07, and L1.08 of
the plans. Building renderings are shown on pages A301 and A302. Building elevations are shown on
pages A105, A202, A205, and A209. Building and site sections are shown on pages A106, A203, A206,
and A208.
REPORT TO PLANNING COMMISSION - Case No: ED20-058/GP 20-001/ZC 20-002 Page 8
Landscaping: The existing hillside has a large number of trees, primarily oaks, concentrated for the
most part south of the proposed development area. Almost half of the site (4.83 acres) would remain
undisturbed. Of the 285 existing trees identified on the site, 55 are proposed for removal including 51
oaks, 1 Bay Laurel, 2 Stone Pines and 1 Australian Blackwood. A total of 210 trees are proposed to be
planted including 55 Cathedral Live Oaks, Coast Live Oaks, California Black Oaks, Scrub Oaks,
Brisbane Box, Olive specimens and Crepe Myrtle. The plans include an extensive landscape palette
(see plans L3.01-L3.03) that relies on a variety of low-water using trees, shrubs and groundcovers. The
overall landscape plan is depicted on pages L1.03 and L1.04 of the plans.
The South Park recreational area is the hillside area located south of the proposed buildings. This area
totals approximately one acre with undisturbed hillside areas with existing landscaping including many
mature trees. There would also be improved areas with landscaping and recreational amenities.
Lighting: Light poles with cut-off fixtures would be used along the internal driveway system and the
surface parking areas. Low bollards would be used near buildings and along pathways. Recessed
lighting would be installed in building overhangs and on stair risers. Examples of the fixtures are shown
on sheet L2.04 of the plans. A photometric study was submitted (pages PH-1 and PH-2 of the plans)
and shows illumination along the driveway system and near the buildings.
Grading/Drainage: Grading would occur to create the 5.07-acre development site, the off-site access
road (on the easement owned by the applicant) to Los Gamos Drive, and, to a more limited extent, in
the 0.34 acre improved open space area south of the proposed buildings. Grading is necessary to
create the access to the site, the internal driveway system, building pads, and the landscaped areas,
walls and paths near the buildings. Grading in the 0.34 acre improved open space area is proposed to
create a walking path and pads for play structures and exercise equipment. Grading is depicted on the
engineering plans, sheets C1, C2, C3 and C4.
A total of 88,000 cubic yards of dirt is proposed to be moved: 71,000 cubic yards of cut and 17,000
cubic yards of fill. A total of 54,000 cubic yards of dirt is proposed to be removed from the site. It is
estimated by the City’s Public Works Department that this would require 2,500 to 3,500 truck trips.
A number of retaining walls are proposed. In addition to the retaining wall that forms the upslope wall
of each building, additional retaining walls are located upslope from Buildings 3, 4 and 5. One retaining
wall with a maximum height of eight feet is proposed behind Building 3. Three walls, each with a
maximum height of eight feet, are proposed behind Building 4. Two retaining walls, each with a
maximum height of eight feet, are proposed behind Building 5. The site sections shown on page A106
of the plans generally depict the retaining walls within and behind the buildings. Walls behind the
buildings are unlikely to be seen from offsite since the walls are shorter than the buildings.
Other retaining walls are located near the buildings to support landscape planters and pedestrian paths.
A number of retaining walls are proposed to support the internal driveway system. In two locations, one
on the north curve and one on the south curve, these walls would be over eight feet tall. Parallel walls
are proposed to support the downhill side of the loop driveway north and east of Building 1. This
becomes a single wall for most of the east side of Building 1 and east of the proposed market/community
center building. A single retaining wall is proposed on the downhill side of the loop driveway east of
Building 2. Retaining walls are also proposed on both the north and south sides of the entry driveway.
These walls have a maximum height of approximately 5 feet. Other retaining walls are used to create
two terraces south of the market/community building. The wall supporting the upper terrace is 16 feet
tall. The wall supporting the middle terrace is 14 feet tall. Two 10 foot tall walls, separated by 5 feet,
support the lowest terrace. These terraces are proposed to provide informal recreational amenities with
a lawn at the upper level, seating areas with trellis covers and water features on the middle level, and
seating with a fire-pit on the lowest levels. Each of these areas would also be landscaped with trees
and shrubs as would the areas below and between the two lowest walls.
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All retaining walls other than those behind the buildings would be concrete block construction with a
stucco finish. Vines would trail over the top of the walls and trees and shrubs would be planted below
them to create an effective screen. The walls behind Buildings 3, 4 and 5 would be “soil nail walls”,
vertical retaining walls with large steel rods inserted deep into the hillside behind the wall. These walls
would have a slurry concrete finish. These would also be screened by landscaping in areas where the
retaining wall system extends beyond the walls of the buildings.
The Mitigated Negative Declaration includes the following description of stormwater management on
the project:
The project design, prepared by Tarnoff Engineering Corporation, includes stormwater
management utilizing bioretention areas which would result in peak stormwater flow rates from
the site maintained in the proposed condition. The bioretention areas have been designed to
account for enough storage volume to attenuate peak flows on and from the site. As such, the
proposed project would not result in flooding on‐ or off‐site.
It is required by Marin County and the City of San Rafael that the proposed development would
not increase the discharged storm drain peak flow and volume. Because the site is currently
vacant, development of the site with the proposed project would require attenuating the flow and
volume of storm drain run-off discharged from the site. The Tarnoff Hydrology study prepared in
April 2021 includes calculations for bioretention basins, infiltration planters and underground
storage designed to eliminate impacts to water quality and quantity downstream. Construction
level plans would be required to satisfy the City of San Rafael Urban Runoff Pollution Prevention
Ordinance to ensure that no new net run-off or pollutants from stormwater runoff would result
from the proposed project. Furthermore, the project would be required to satisfy BMPs and LID
to minimize impacts from construction activities. For these reasons, the impact would be
considered less than significant, and no mitigation would be required.
Mitigation Measures HYDRO-1 and HYDRO-2 include various steps to ensure that drainage is
managed effectively and avoids off-site impacts. In addition, Mitigation Measure GEO-3 requires the
preparation of a detailed drainage plan to address drainage and erosion control issues.
Other (such as Signage, Proposed Regulations, Design Guidelines, etc.): Because the project is
a Multi-family Residential Development on an average slope greater than 25 percent, it is subject to the
Hillside Design Guidelines (“HDG”). It is also subject to the development standards listed in the 2040
General Plan for Neighborhood Commercial Mixed Use projects. In addition, since the property is
proposed to be rezoned to Planned Development, the project is required to have a minimum lot area of
2.5 acres. The site is 10.24 acres so the project complies with this standard. The General Plan requires
that lots larger than five acres be within a Planned Development zone, which the applicant has
proposed. The General Plan establishes a residential density of 8.7 to 24.2 dwelling units per acre. The
proposed density is 18.75 dwelling units per acre. The General Plan has a 30-foot height limit for the
site and a Floor Area Ratio (FAR) of 0.01 for the commercial component of the project since the slope
exceeds 15 percent. The commercial component meets the FAR but the proposed maximum height of
58 feet exceeds the allowed height. Since 10 percent of the units are proposed to be affordable, the
project qualifies as an affordable housing project and the applicant has applied for a density bonus with
a waiver of the height limits as provided under the State Density Bonus law as described previously.
A project identification sign is proposed on the face of the lowest retaining wall at the top of the entry
driveway. A mural is also proposed on the retaining wall at the lower level of the recreation area south
of the market. Details of the sign and mural, such as size, lettering, and lighting have not been provided.
The sign and mural are subject to a sign permit. Since the project would be new construction in a PD
zone, the project must prepare a sign program which would be reviewed by the Design Review Board
REPORT TO PLANNING COMMISSION - Case No: ED20-058/GP 20-001/ZC 20-002 Page 10
for a recommendation to the Planning Commission (Mun. Code Sections 14.19.043 and .046). This
would be required as a condition of approval.
All other development criteria for the site are found in the Hillside Design Guidelines. These criteria are
discussed in detail below.
ANALYSIS
General Plan 2040 Consistency:
The property is proposed to be located within the Neighborhood Commercial Mixed Use (NCMU) Land
Use Designation. The project is consistent with many General Plan policies including the following:
Land Use Policy LU-1.8 (Residential Density): The NCMU allows residential densities from 8.7
to 24.2 dwelling units per acre. The proposed density is 18.75 dwelling units per acre, so the
project is consistent with the policy.
Land Use Policy LU-1.9 (Clustering): Clustering is recommended to “conserve environmentally
sensitive or hazardous portions of a site….” The project utilizes clustering to keep the
development area compact, preserving the majority of the significant trees on the southern
portion of the site. The project is consistent with the policy.
Land Use Policy LU-1.10 (Intensity of Non-Residential Development): A maximum Floor Area
Ratio (FAR) of 0.01 is allowed for properties with a slope greater than 15 percent. The
commercial component of the project has an FAR of 0.01 so the project is consistent with the
policy.
Land Use Policy LU-1.17 (Building Heights): The maximum allowed building height is 30 feet for
the site. The proposed maximum building height is 58 feet. Since the applicant has applied for
a density bonus, the applicant has requested that the height increase be granted as a waiver as
provided under the State Density Bonus law as described previously. In no case may the City
apply any development standard that will have the effect of physically precluding the
construction of a qualifying density bonus development (Govt. Code section 65915(e)).
Community Design and Preservation Policy CDP-1.3 (Hillside Protection): The Policy seeks to
protect the visual integrity and character of the hillsides by controlling development through the
Hillside Design Guidelines (HDG). The project is consistent with a number of hillside design
standards, including clustering to minimize grading and to avoid the appearance of larger, more
massive structures, and the retention of the majority of significant trees on the property. The
buildings utilize vertical and horizontal stepbacks which are encouraged. The top floor of the
residential buildings is pushed back from the lower floors on each of the buildings, but the
buildings still present tall downhill facing elevations in a vertical plane. Gable ends face downhill,
which is discouraged, rather than sloping the roofs with the hillside. The market/community
center building has a two-story east facing wall consisting mostly of large windows. The floors
of this building are also stepped-back up the hill, creating vertical articulation and providing
outdoor seating space on the east façade. The use of large windows may be in response to the
comment from the Planning Commission during the preliminary review hearing that the market
should be given greater visibility. The project has an extensive landscape palette using low water
using trees, shrubs and groundcovers. Some of the trees, including Brisbane Box, Cathedral
Live Oak, and California Black Oak, are not on the list of approved trees in Appendix B of the
HDG. The applicant has suggested that the Cathedral Live Oak is a more appropriate street tree
as it generally takes a more vertical form rather than the spreading form of the Coast Live Oak
REPORT TO PLANNING COMMISSION - Case No: ED20-058/GP 20-001/ZC 20-002 Page 11
found in the list. Brisbane Box, although not on the list of approved trees, is very commonly used
in California landscaping schemes. More detailed discussion of consistency with the HDG is
below.
A complete listing of all the relevant General Plan Policies applicable to the project, and findings of
consistency, are provided in the resolution for the General Plan Amendment and Zone Change (Exhibit
1b).
Zoning Ordinance Consistency:
The proposed land use is consistent with the proposed Neighborhood Commercial Mixed Use (NCMU)
designation in the Land Use Element of the General Plan and the proposed Planned Development (PD)
zoning. As noted in the Property Facts and Project Description, the project complies with the allowed
residential density, commercial FAR, and required lot size. The project would not comply with the
following standards:
Building Height (Land Use Policy LU-1.17)
Buildings up to 58 feet tall are proposed where the Policy allows a maximum height of 30 feet.
Although this is a policy from the Land Use Element of the General Plan, there is no comparable
standard in the proposed PD zone. The applicant is requesting a waiver pursuant to State
Density bonus law. In no case may the City apply any development standard that will have the
effect of physically precluding the construction of a qualifying density bonus development (Govt.
Code section 65915(e)).
Resident and Customer Parking (Mun. Code Sec. 14.18.040)
A total of 171 covered parking spaces and 42 guest parking spaces are proposed to serve the
residences. State law establishes a maximum number of parking spaces that may be required
for affordable housing projects such as this. The maximum for this project is 246 spaces, so the
proposed residential parking for the project is consistent with State law. The City’s parking
standards required 42 spaces to serve the market and community center; 12 customer spaces
are proposed beneath the market/community center building. The applicant is requesting a
concession from this development standard as provided for under State Density Bonus law.
San Rafael Hillside Design Guidelines:
The Hillside Design Guidelines serve as a guide for evaluating development on hillside properties. The
project is a mixed-use development with residential and commercial components. The project complies
with the following criteria:
• Grading should be kept to a minimum and performed in a way that respects significant natural
features and visually blends with adjacent properties.
• Be compatible with the natural features, building location and existing open spaces of
neighboring properties.
• Respect existing views, privacy, access to light and safety of neighboring properties.
• Avoid the unstable or hazardous portions of the site.
• Preserve “existing natural features” including:
o Mature trees
o Significant or unique vegetation grouping(s) which contributes to the character of the site
o Topography
o Drainage.
• When significant trees must be removed, replanting with approved species is recommended.
• Circulation and parking should be located and landscaped to minimize views from the valley
floor, roads and neighboring properties.
• Parking should be located beneath buildings.
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• Avoid building facades that are designed with a ground level wall of repetitive garage doors.
• Avoid long continuous building masses that create a “wall” effect and inhibit views.
• Facades should be articulated to produce shadows.
• Rooflines should avoid extended horizontal lines.
• Group usable open space should be provided and include a children’s play area of at least 400
square feet.
• Each unit should have private usable open space. Ground level spaces should have a minimum
dimension of 12 feet and decks above-ground should have a minimum dimension of 8 feet.
• Color selection should show evidence of coordination with predominant colors and values of the
surrounding landscape.
• Site lighting should minimize intrusion into adjacent properties, roadways, the hillside silhouette
and the night sky.
The project utilizes clustered, compact development to minimize grading. Grading is generally confined
to the northerly portion of the site which preserves the majority (230 of 285) of the existing trees and
avoids one of the drainage paths crossing the site. A variety of low water using trees are proposed,
though some (Brisbane Box, Cathedral Live Oak, California Black Oak) are not on the list of approved
trees in Appendix B of the HDG. The Cathedral Live Oak is a tall spreading tree which seems like a
good choice as a “street tree” alongside the driveway system. California Black Oaks are native to the
state and widely distributed. Brisbane Box is a tall tree native to Australia that is commonly used in
California landscaping.
Although the site is visible from State Highway 101 and properties to the east, development is located
below the ridgeline behind the site. Keeping the developed portion of the project to the north side of the
property helps preserve the existing views and privacy of the residential areas south of the site. The
internal driveway system and parking are designed to be screened by the proposed buildings and
landscaping. The project is divided into six buildings with each of the building pads at a different
elevation. The distribution of massing into six separate buildings helps the project better conform to the
hillside than if the project used fewer, more massive buildings.
The buildings utilize horizontal and vertical articulation to reduce the apparent building mass. Large
windows introduce natural light and provide views to the east. There are both vertical and horizontal
stepbacks in the building form as are encouraged by the HDG. The design includes gable ends on
downhill elevations which are discouraged.
The project utilizes natural colors in exterior finishes for walls and roofing materials. Finishes are varied
and include stucco and siding. The market/community center building has a two-story, east-facing wall
primarily composed of large windows, which the HDG discourages. This is mitigated by the introduction
of the outdoor seating areas at each of the levels of the building on the east façade, and the proposed
trees east of the building that would provide a substantial screen. This may also be a design choice
influenced by the request from the Planning Commission to make the market more visible. In addition,
large windows are reasonable design choices for the intended use as a market and community center,
providing the interior with considerable natural light and views to the east.
The HDG discourages the use of retaining walls taller than 4 feet upslope from structures, and 3 feet
downslope. As noted previously, in some cases walls would up to 8 feet tall behind buildings, up to 8
feet tall upslope from the driveway, and up to 5 feet tall below roadways. The tallest portions of the walls
behind the buildings are completely screened by the buildings. Walls elsewhere, including the walls up
to 16 feet high between the market building and residential Building 2, are proposed to be screened by
trees and shrubs below the walls and landscaping trailing over the top of the walls.
Each proposed dwelling unit would have a private balcony or patio of 72 to 143 square feet with a
minimum dimension of 8 feet. Group useable open space would include a large plaza with seating and
REPORT TO PLANNING COMMISSION - Case No: ED20-058/GP 20-001/ZC 20-002 Page 13
large-scale chess board above the market. A children’s play area totaling approximately 610 square
feet with more seating would also be above the market. The recreational area above the market,
including the children’s play area, totals over 4,000 square feet. South of the market, there would be
three terraced outdoor areas, with a lawn at the upper level, a covered seating area with a water feature
on the middle level, and more seating around a fire ring at the lower level. Each of the terraces can be
accessed by stairs. This recreational area is roughly the same size as the area above the market. There
would also be a large (approximately 3,000 square foot) children’s play area with a variety of play
structures in the “South Park” area of the hillside south of the apartment buildings. This area would also
include a circuitous path, seating areas and considerable area of undisturbed hillside. This area would
be accessed via a metal bridge over the natural drainage gully that bisects the site from west to east.
By condition of approval, the footings of the bridge must be kept away from the top edge of the gully.
Virtually all of the proposed parking is located beneath each of the buildings. Just 42 of the 225 parking
spaces are at-grade and these are located on the driveway that is bordered to the east and west by the
proposed buildings. None of these parking spaces would be visible from surrounding properties.
Light poles with cut-off fixtures would be used along the internal driveway system and the surface
parking areas. Low bollards would be used near buildings and along pathways. Lighting is designed to
minimize spillover onto neighboring properties.
In summary, the project appears to meet the overall intent of the Hillside Design Guidelines with certain
exceptions.
Subdivision Ordinance Consistency:
An application has been submitted for a Vesting Tentative Parcel Map. The applicant proposes to
combine the existing parcels and adjust the boundaries. Since the proposal involves four or fewer
properties and is a Vesting Tentative Parcel Map, it is considered a Minor Subdivision (SRMC Sec.
15.03) and is processed under that section. The benefit to the developer to apply for a Vesting Tentative
Parcel Map is that the “approval or conditional approval of a vesting tentative map shall confer a vested
right to proceed with development in substantial compliance with the city of San Rafael ordinances,
policies and standards adopted and in place on the date the vesting tentative map application has been
deemed complete, as described in Section 66474.2 of the Subdivision Map Act” (SRMC Sec.
15.03.030(a)).
The site would be adequately served by various utilities as required by SRMC Sec. 15.06.020. The
project is consistent with the standards found in SRMC Sec. 15.06.030 for minimum lot size, lot
dimension and depth. No new public or private streets are proposed. Although the site does not have
frontage on a public street, access to Los Gamos, via an easement owned by the applicant, is allowed
as part of the proposed Planned Development district as provided by SRMC Sec. 15.06.040. The project
will conform to the grading and fire protection standards listed in SRMC Secs. 15.06.110 and .120.
Utilities will be undergrounded as provided by SRMC. The site is consistent with the standards of the
Subdivision Ordinance.
DESIGN REVIEW BOARD RECOMMENDATION
At the public hearing of October 5, 2021, the Design Review Board reviewed the project, plans and
attachments, and staff report. Following discussion, the Board unanimously recommended approval of
the project subject to the following conditions:
• Mitigate the appearance of building height with darker color palette consistent with Hillside
Design Guidelines and horizontal elements to break of visual appearance of massing
• Trees should be not planted in a uniform row but clustered with more natural spacing to the
extent practicable for available planting area
REPORT TO PLANNING COMMISSION - Case No: ED20-058/GP 20-001/ZC 20-002 Page 14
• Mitigate impact the 10’ – 16’ tall retaining walls with step backs or other applications such as
texture/colors/materials/or vegetation
• The project should return to the Board upon submitting for building permits to review consensus
items.
The recommendations of the Design Review Board have been incorporated into the conditions of
approval (Attachment B to Exhibit 1c).
ENVIRONMENTAL DETERMINATION
As required by the California Environmental Quality Act (CEQA), this project is subject to a review of
potential environmental impacts. A Draft Mitigated Negative Declaration (DMND) was prepared to
assess the potential environmental impacts of the project. The review concluded that the project has
the potential to result in significant environmental effects in the following topics:
• Aesthetics • Air Quality
• Biological Resources • Cultural and Tribal Cultural Resources
• Geology and Soils • Hydrology and Water Quality
Summary of Selected Topics, Potential Impacts and Mitigation Measures
Aesthetics
Aesthetic impacts are related to the potential for new on-site lighting to spill-over from the site. A
mitigation measure is proposed to require that the project demonstrate compliance with required lighting
levels of the Municipal Code and State Energy Code. With the implementation of this measure, potential
project aesthetic impacts will be reduced to less than significant levels.
Air Quality
Potential impacts are related to dust generated during construction and exposure of the new residents
to elevated cancer risk due to exposure to airborne fine particulate matter. Mitigation measures are
proposed to control dust creation during construction. Other mitigation measures will require high
efficiency air filters, ventilation system with positive pressure, and ongoing maintenance of the system
in in the new buildings. As part of the Air Quality analysis, greenhouse gas (GHG) emissions were
evaluated. Based on the standards developed by the City and the Bay Area Air Quality Management
District (BAAQMD), the project would not be in exceedance for GHG emissions, and no mitigation is
required. With the implementation of the proposed measures, potential project air quality impacts will
be reduced to less than significant levels.
Biological Resources
Potential impacts were due to the possibility of finding rare plants and migratory birds on the property.
As mitigation, a rare plant survey will be conducted prior to construction. Tree and shrub removals are
to be conducted outside of nesting season. Should removals occur during nesting season, a nesting
bird survey is required. If any active bird’s nests are found, work within 50 feet is to cease and a biologist
contacted. With the implementation of these measures, potential project biological impacts will be
reduced to less than significant levels.
Cultural and Tribal Cultural Resources
Potential impacts are related to the possibility that archaeological and cultural resources may be found
during construction. If they are discovered, work is to stop until the discoveries can be assessed. If
Native American resources are discovered, Native American topic experts, including tribal
representatives, would be consulted. With the implementation of the proposed measures, potential
project cultural and tribal cultural resources impacts will be reduced to less than significant levels.
REPORT TO PLANNING COMMISSION - Case No: ED20-058/GP 20-001/ZC 20-002 Page 15
Geology and Soils
A “design-level geotechnical investigation” will be prepared prior to construction to evaluate the
conditions of the site in great detail and provide recommendations for construction methods to address
any soil stability or drainage issues. If paleontological resources are discovered, work will stop until the
resources can be assessed and appropriate measures taken to protect or preserve the resources. With
the implementation of the proposed measures, potential project geology and soils impacts will be
reduced to less than significant levels.
Hydrology and Water Quality
A detailed Stormwater Pollution Prevention Plan and/or an Erosion and Sediment Control Plan will be
prepared to ensure that stormwater is appropriately handled onsite, and erosion and sediment are
controlled. With the implementation of the proposed measures, potential project hydrology and water
quality impacts will be reduced to less than significant levels.
The full text of the mitigation measures is contained within the Mitigation Monitoring and Reporting
Program (MMRP) of the DMND. The mitigation measures have also been incorporated into the
conditions of approval of the project.
The Draft Mitigated Negative Declaration was available for review at the Community Development
Department and posted on the project web page. Pursuant to the provisions of the California
Environmental Quality Act Guidelines, the Draft Mitigated Negative Declaration was available for public
review for a period of 30 days. The public review period commenced on Tuesday, November 2, 2021,
and closed on Tuesday, November 30, 2021. As of the writing of this staff report, comments have been
received from one agency, the California Department of Fish and Wildlife (CDFW). In summary, those
comments recommended mitigation measures or conditions of approval to address potential impacts to
one of the drainageways, loss of oak trees, burrowing owls, the American badger, roosting bats and
special-status plants. Revised mitigation measures have been included in the Mitigation Monitoring
Reporting Program. The conditions of approval also reflect the recommendations of the CDFW. The
comments, and the response to the comments, are included in the Final Draft Mitigated Negative
Declaration (Exhibit 2).
NEIGHBORHOOD MEETING / PUBLIC NOTICE
The applicant conducted a virtual neighborhood meeting on the project on September 30, 2021, from 6
to 8 p.m. on Zoom. City staff did not attend the meeting. According to the applicant, a few people
participated and provided generally positive comments about the project.
As of the writing of this staff report, four comments have been received from the public (Exhibit 5). In
summary, the comments make the following points:
• Construction may block access to the office at 1401 Los Gamos Road. The building manager
should be provided 72 hours’ notice of any partial closure of the road. Alternatively, the blocked
access south of the office building should be opened during road disturbance.
• Traffic exiting the new project could present a hazard to vehicles exiting the office property. A
red stop sign should be installed at the exit to the new project.
• In order to protect the office at 1401 Los Gamos from erosion or slides, the owners of the new
project should be informed they are liable for damage.
• The new project would loom behind the office building. Mature trees should be planted directly
behind the building at 1401 Los Gamos. A fence should be installed near the outdoor decks
behind the office building until the trees mature.
• Wildlife on the site, including deer, turkeys and coyotes, would be disrupted.
• The proposed project is excessive in light of limited water supplies, the climate crisis, drought,
traffic, increasing crime rates and other housing projects approved nearby.
• The project will help provide needed housing and is well designed.
REPORT TO PLANNING COMMISSION - Case No: ED20-058/GP 20-001/ZC 20-002 Page 16
In response to these comments, conditions have been added to require notification of the building
manager at 1401 Los Gamos Road should construction activity be planned to block the road, and a
traffic sign will be required near the bottom of the driveway for the site. It is noted that the project
proposes to plant numerous trees along the edge of the site near the existing office building. Although
the existing wildlife could be affected, the Mitigated Negative Declaration determined that no protected
species were anticipated to be significantly affected. A mitigation measure is included to protect nesting
birds that might be found on the site (BIO-1). As to the question of potential liability due to ground failure,
the MND requires, as a mitigation measure, that a detailed geotechnical evaluation be prepared to
evaluate potential areas of instability and specify project design to address those areas (GEO-2). As to
the impacts on traffic, as documented in the MND the project would have less-than-significant impacts
on Levels of Service and Vehicle Miles Traveled. As to the comments related to water supply and
drought, responsible public agencies have stated that, as conditioned, the project can be adequately
supplied with water. As to the comment on climate, the MND documented that the project would have
less-than-significant impacts on greenhouse gases, which in combination with water supply, is the
closest relevant response. As to the comment on increasing crime rates, the Police Department has
reviewed the proposal and has not objected. In addition, the MND determined that the project would
not pose a risk to public safety or impact levels of service.
Notice of hearing for the project was conducted in accordance with noticing requirements contained in
Chapter 29 of the Zoning Ordinance. A Notice of Public Hearing was mailed to all property owners and
occupants within a 300-foot radius of the subject site and the Mont Marin/San Rafael Park
Neighborhood Association, and all other interested parties, on November 1, 2021, and an additional
notice was mailed on November 30, 2021, over 15 days prior to the date of all meetings, including this
hearing. Public notice was also posted on the subject site 15 calendar days prior to the date of all
meetings, including this hearing.
CONCLUSION
The project proposes additional housing on a challenging site. The proposed General Plan Amendment
to Neighborhood Commercial Mixed Use seems appropriate for the project. The incorporation of the
grocery store would be beneficial to the residents and help reduce traffic and air quality impacts. The
proposed zone change to a Planned Development is appropriate as a way to produce the mixed-use,
relatively high density housing proposed on this somewhat hilly site.
The project generally meets the intent of the Hillside Design Guidelines in that it minimizes grading and
maximizes the preservation of the existing landscape and topography. Separating but clustering the
buildings helps the project conform to the hillside while minimizing the building footprint. The tradeoff is
that the buildings are rather tall and boxy. The proposed landscaping scheme appears reasonable; the
use of replacement oaks is especially welcome.
OPTIONS
The Planning Commission has the following options:
1. Adopt the Resolutions recommending to the City Council a) adoption of the Mitigated Negative
Declaration and MMRP; b) approval of the General Plan Amendment; c) approval of the Zone
Change; d) approval of the Vesting Tentative Parcel Map with conditions; e) approval of the
Environmental and Design Review application with conditions; or
2. Recommend approval of the applications with certain modifications, changes or additional
conditions of approval; or
3. Continue the hearing (to a date certain or an undefined date) to allow the applicant to address any
of the Commission’s comments or concerns; or
REPORT TO PLANNING COMMISSION - Case No: ED20-058/GP 20-001/ZC 20-002 Page 17
4. Recommend that the project be denied.
EXHIBITS
1. Draft Resolutions
a) Exhibit 1a: Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program
b) Exhibit 1b: General Plan Amendment and Zone Change
c) Exhibit 1c: Environmental and Design Review Permit and Vesting Tentative Parcel Map
2. Initial Study/Mitigated Negative Declaration, updated December 8, 2021 (online link)
3. Response to IS/MND Memorandum, dated December 7, 2021 (online link)
4. Project description, dated March 24, 2021
5. Project Plans, dated May 15, 2021 (online link)
6. Public Correspondence
RESOLUTION NO. 21-__
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 (GPA
20-001), ZONE CHANGE (ZC 20-002), VESTING TENTATIVE PARCEL MAP, AND
ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED 20-058), FOR THE CONSTRUCTION
OF A MIXED-USE PROJECT CONSISTING OF 192 RESIDENTIAL APARTMENT UNITS, A
5,600 SQUARE-FOOT MARKET, A 5,000 SQUARE FOOT COMMUNITY CENTER, AND 225
AT-GRADE AND SEMI-SUBTERRANEAN PARKING SPACES, ON A 10.24 ACRE SITE
LOCATED AT THE SOUTHERLY TERMINUS OF LOS GAMOS ROAD NORTH OF
OLEANDER DRIVE
(THE NEIGHBORHOOD AT LOS GAMOS)
(APNS: 165-220-06 AND 165-220-07)
WHEREAS, on December 22, 2020, the applicants submitted applications for a General Plan Amendment
(GPA 20-001) from Hillside Resource Residential to Neighborhood Commercial Mixed Use; Zone Change (ZC 20-
002) from Planned District – Hillside Development Overlay District (PD-H) and Residential – Hillside
Development Overlay District (R2a-H) to Planned Development District (PD); Vesting Tentative Parcel Map to
combine and adjust the boundaries of the existing parcels; and Environmental and Design Review (ED 20-058) for
a mixed-use project with 192 multi-family residential units; an approximately 5,600-square-foot market; a 5,000-
square-foot community center; and 225 at-grade and semi-subterranean parking spaces; on a 10.24 acre site located
at the southerly terminus of Los Gamos Road north of Oleander Drive; and
WHEREAS, on September 30, 2021, the applicant held a Neighborhood Meeting via zoom which was
duly noticed to the residents and property owners within 300’ of the project site and notice of the meeting was also
posted on the site; and
WHEREAS, on October 5, 2021, the project was considered by the Design Review Board (DRB) which
recommended approval of the project subject to conditions to reconsider a darker color palette for the walls of the
structures, to try to provide a more natural and less formal arrangement of the proposed trees on the project, to
mitigate the impact of the tall retaining walls in the Village Commons, and for the project to come back for final
review of the design details by the DRB when building permits were submitted; and
WHEREAS, as required by the California Environmental Quality Act (CEQA) Guidelines, staff
determined that the applications for a general plan amendment, zone change, vesting tentative parcel map, and
environmental and design review permits, are a ‘project,’ making it subject to environmental review. Pursuant to
CEQA Guidelines Section 15063, an Initial Study/Mitigated Negative Declaration (IS/MND) was prepared to
determine the potential environmental impacts of the project. The IS/MND is supported by several technical studies
including air quality, noise, geotechnical and traffic); and
WHEREAS, as demonstrated in the preparation of the Initial Study/Mitigated Negative Declaration
(IS/MND), 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
aesthetics, air quality, biologic resources, cultural and tribal resources, geology and soils, and hydrology and water
quality consistent with CEQA Guidelines; and
WHEREAS, consistent with the requirements of the CEQA Guidelines, a Mitigation Monitoring and
Reporting Program (MMRP), contained herein as Attachment A, has been prepared to ensure implementation of,
and compliance with, all conditions required to mitigate any environmental impact to a level of less than significant.
All the identified mitigation measures have also been included as conditions of project approval; and
WHEREAS, the project, including the Notice of Availability of the IS/MND, along with the planning
applications, was publicly noticed 30 days in advance of the Planning Commission hearing, through the following
means: 1) the subject site was posted; 2) publishing a legal ad in the Marin Independent Journal, a local newspaper
of general circulation in the area, on November 1, 2021; and 3) notices were mailed to surrounding property owners
within 300 feet, pertinent agencies (including responsible and trustee agencies), organizations and special interest
groups in conformance with the CEQA Guidelines; and
WHEREAS, copies of the IS/MND were submitted to the State Office of Planning and Research (OPR)
and made available for a 30-day review period by pertinent agencies and interested members of the public,
commencing on November 2, 2021 and concluding on November 30, 2021; 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, including the letter received from the California Department of Fish
and Wildlife, commenting on the adequacy of the Initial Study/Mitigated Negative Declaration and recommending
additional mitigation measures and conditions. Staff has added these mitigation measures to the revised MMRP and
MND and additional conditions to the discretionary approvals; and
WHEREAS, on December 14, 2021, the Planning Commission held a duly-noticed public hearing on the
proposed project, the IS/MND and MMRP, and the applications for General Plan Amendment, Zone Change,
Vesting Tentative Parcel Map, and Environmental Design Review Permits, for the mixed-use project at the terminus
of Los Gamos Drive, 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 testimony and the
written report of the Community Development Department, as well as the comments received by public agencies,
utilities, organizations, special interest groups and persons who have reviewed the IS/MND and MMRP, and the
responses to those comments; 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 of the City of San Rafael does
hereby recommend that the City Council adopt 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 Negative
Declaration which has been considered in conjunction with the 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) project mitigation measures have been incorporated into the project which will
reduce the potential impacts to less-than-significant levels.
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 less-than-
significant level. All mitigation measures have also been included as conditions of the project’s approval
in a separate resolution.
The foregoing Resolution was adopted at the regular meeting of the City of San Rafael Planning Commission
held on the 14th day of December 2021.
Moved by Commissioner _______________ and seconded by Commissioner _______________.
AYES: COMMISSIONERS
NOES: COMMISSIONERS
ABSENT: COMMISSIONERS
ABSTAIN: COMMISSIONERS
SAN RAFAEL PLANNING COMMISSION
ATTEST: _____________________________ BY: ______________________________
Leslie Mendez, Secretary Shingai Samudzi, Chair
Attachment A Mitigation Monitoring and Reporting Program
Attachment A
MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MONITORING AND REPORTING PROGRAM
Los Gamos Apartments
Mitigation Measure Implementation
Procedure
Monitoring
Responsibility
Monitoring /
Reporting
Action & Schedule
Non-Compliance
Sanction/Activity
Monitoring
Compliance
Record
(Name/Date)
I. AESTHETICS
I(d). Mitigation Measure AES-1: Prior to the Building
Permit final inspection, the project applicant shall submit to
the satisfaction of the Community Development Department
Director, a post-installation photometric lighting study
showing that the lighting on site complies with the appro ved
lighting levels per ED18-100 and the requirements of
SRMC 14.16.227. The project applicant shall also
demonstrate to the Building Division that outdoor lighting
fixtures meet the requirements of the California Energy
Code (known as Part 6, Title 24 of the California Code of
Regulations)
Require as a condition of
approval
Planning
Division
Building
Division
Incorporate as condition
of project approval
Planning Division
verifies appropriate
plan/study obtained
prior to issuance of
building permit
Deny project
Deny issuance of
building permit or
halt work in
reliance of the
permit if the
lighting study
does not
demonstrate
compliance
III. AIR QUALITY
III (b). Mitigation Measure AQ-1: Include basic measures
to control dust and exhaust during construction. During any
construction period ground disturbance, the applicant shall
ensure that the project contractor implement measures to
control dust and exhaust. Implementation of the measures
recommended by BAAQMD and listed below would reduce
the air quality impacts associated with grading and new
construction to a less-than-significant level. The contractor
shall implement the following best management practices
that are required of all projects:
1. All exposed surfaces (e.g., parking areas, staging areas,
soil piles, graded areas, and unpaved access roads) shall
be watered two times per day.
Require as a condition of
approval
Project sponsor obtains
approvals from appropriate
agencies prior to issuance of
building permits
Planning
Division
Building
Division
Incorporate as condition
of project approval
Building Division
verifies appropriate
approvals obtained
prior to issuance of
building permit
If construction activity
is found out of
compliance, Project
sponsor halts work
immediately
Deny project
Deny issuance of
building permit
Stop Work Order
or revocation of
permit
MITIGATION MONITORING AND REPORTING PROGRAM
Los Gamos Apartments
Mitigation Measure Implementation
Procedure
Monitoring
Responsibility
Monitoring /
Reporting
Action & Schedule
Non-Compliance
Sanction/Activity
Monitoring
Compliance
Record
(Name/Date)
2. All haul trucks transporting soil, sand, or other loose
material off-site shall be covered.
3. All visible mud or dirt track-out onto adjacent public
roads shall be removed using wet power vacuum street
sweepers at least once per day. The use of dry power
sweeping is prohibited.
4. All vehicle speeds on unpaved roads shall be limited to
15 miles per hour (mph).
5. All roadways, driveways, and sidewalks to be paved
shall be completed as soon as possible. Building pads
shall be laid as soon as possible after grading unless
seeding or soil binders are used.
6. Idling times shall be minimized either by shutting
equipment off when not in use or reducing the
maximum idling time to 5 minutes (as required by the
California airborne toxics control measure Title 13,
Section 2485 of California Code of Regulations
[CCR]). Clear signage shall be provided for
construction workers at all access points.
7. All construction equipment shall be maintained and
properly tuned in accordance with manufacturer's
specifications. All equipment shall be checked by a
certified mechanic and determined to be running in
proper condition prior to operation.
8. Post a publicly visible sign with the telephone number
and person to contact at the City of San Rafael Building
Division regarding dust complaints. This person shall
respond and take corrective action within 48 hours. The
Air District's phone number shall also be visible to
ensure compliance with applicable regulations.
III(b). Mitigation Measure AQ-1a: All diesel-powered off-
road equipment, larger than 25 horsepower, operating on the
site for more than two days continuously shall, at a minimum,
meet U.S. EPA particulate matter emissions standards for
Tier 2 engines with CARB-certified Level 3 Diesel
Particulate Filters or equivalent.
Require as a condition of
approval
Project sponsor provides
equipment list prior to
issuance of building permits
Planning
Division
Public Works
Department /
Building
Division
Incorporate as condition
of project approval
Building Division
verifies appropriate
approvals obtained
prior to issuance of
Deny project
Deny issuance of
building permit
MITIGATION MONITORING AND REPORTING PROGRAM
Los Gamos Apartments
Mitigation Measure Implementation
Procedure
Monitoring
Responsibility
Monitoring /
Reporting
Action & Schedule
Non-Compliance
Sanction/Activity
Monitoring
Compliance
Record
(Name/Date)
• The use of equipment meeting U.S. EPA Tier 4
standards for particulate matter would also meet this
requirement.
• Use of equipment that includes alternatively -fueled
equipment (i.e., non-diesel) would meet this
requirement.
• Other measures may be the use of added exhaust devices,
or a combination of measures, provided that these
measures are approved by the City and demonstrated to
reduce community risk impacts to less-than-significant
levels.
building permit
If construction activity
is found out of
compliance, Project
sponsor halts work
immediately
Stop Work Order
or revocation of
permit
III(c) Mitigation Measure AQ-2: Include high-efficiency
particulate filtration systems in residential ventilation
systems. The project shall include the following measures to
minimize long-term increased cancer risk and annual PM2.5
exposure for new project occupants:
1. Install air filtration in residential dwellings. Air filtration
devices shall be rated MERV 13 or higher. To ensure
adequate health protection to sensitive receptors (i.e.,
residents), this ventilation system, whether mechanical
or passive, all fresh air circulated into the dwelling units
shall be filtered, as described above.
2. As part of implementing this measure, an ongoing
maintenance plan for the buildings' heating, ventilation,
and air conditioning (HV AC) air filtration system shall
be required.
3. Ensure that the use agreement and other property
documents: (1) require cleaning, maintenance, and
monitoring of the affected buildings for air flow leaks,
(2) include assurance that new owners or tenants are
provided information on the ventilation system, and (3)
include provisions that fees associated with owning or
leasing a unit(s) in the building include funds for
cleaning, maintenance, monitoring, and replacements of
the filters, as needed.
Require as a condition of
approval
Project sponsor obtains
approvals from appropriate
agencies prior to issuance of
building permits
Planning
Division
Building
Division
Incorporate as
condition of project
approval
Building Division
verifies appropriate
approvals obtained
prior to issuance of
building permit
Deny project
Deny issuance of
building permit
MITIGATION MONITORING AND REPORTING PROGRAM
Los Gamos Apartments
Mitigation Measure Implementation
Procedure
Monitoring
Responsibility
Monitoring /
Reporting
Action & Schedule
Non-Compliance
Sanction/Activity
Monitoring
Compliance
Record
(Name/Date)
IV. BIOLOGICAL RESOURCES
IV(a). Mitigation Measure BIO-1a: The project sponsor
shall conduct pre-construction surveys prior to initiation of
any construction activities, including the following:
• Rare Plant Survey. Prior to initiation of
construction, a qualified botanist will survey for this
species during their blooming season (April through
November) to ensure these plants are not impacted.
If individual plants are located within the
development footprint, the qualified botanist will
transplant individual plants to an area with the
habitat requirements for this species in an area that
will remain undisturbed within the Project Area.
• Special-Status Plant Survey and Avoidance. A
qualified botanist shall conduct surveys during the
appropriate blooming period for all special-status
plants that have the potential to occur on or adjacent
to the Project area prior to the start of ground -
disturbing activities and prepare a report
documenting survey findings. Habitat adjacent to
the Project area should be surveyed if the Project
may have indirect impacts off-site as a result of
changes to hydrological conditions or other indirect
impacts. More than one year of surveys may be
necessary. Surveys and reporting shall be conducted
following Protocols for Surveying and Evaluating
Impacts to Special-Status Native Plant Populations
and Sensitive Natural Communities. Surveys shall
be submitted to CDFW for review and written
acceptance. If special-status plants are found during
surveys, the Project shall be re-designed to avoid
impacts to special-status plants. If impacts to any
special-status plants cannot be avoided completely
Require as a condition of
approval
Project sponsor designates
qualified professional prior
to start of construction and
obtains approvals from
appropriate agencies prior to
issuance of building permits
Require as a condition of
approval
Project sponsor designates
qualified professional prior
to start of construction and
obtains approvals from
appropriate agencies prior to
issuance of building permits
Planning
Division
Planning /
Building
Division
Planning
Division
Incorporate as
condition of project
approval. Project
applicant conducts
pre-construction
survey before permit
issuance.
Planning / Building
Division verifies
survey conducted
prior to issuance of
building permit
If biological resources
are discovered during
construction, Project
sponsor stops work
immediately
Deny project
Deny issuance of
building permit
Stop Work Order
or revocation of
permit
MITIGATION MONITORING AND REPORTING PROGRAM
Los Gamos Apartments
Mitigation Measure Implementation
Procedure
Monitoring
Responsibility
Monitoring /
Reporting
Action & Schedule
Non-Compliance
Sanction/Activity
Monitoring
Compliance
Record
(Name/Date)
during construction, the Project shall provide
mitigation including on-site restoration, off-site
habitat preservation, or another method accepted in
writing by CDFW. The qualified botanist shall be
knowledgeable about plant taxonomy, familiar with
plants of the region, and have experience
conducting botanical field surveys according to
vetted protocols.
• Tree Removal and Migratory Bird Protection. Tree
and shrub removal will be conducted between
September 1 and February 14, outside of nesting
bird season, to the extent possible. Tree removal
between February 15 and August 31 will require a
nesting bird survey by a qualified biologist no more
than 7 days prior to work occurring.
• Active Bird Nest. If at any time of the year an active
bird nest is observed within or near work sites, work
within 50 feet of the observed nest shall cease, care
shall be taken not to disturb the nest, and the work
supervisor shall contact designated biologist for
guidance on how to proceed. A no-work buffer will
be implemented by the biologist as appropriate to
protect the nest until the young have fledged.
• Bat Tree Habitat Assessment and Surveys. Prior to
any tree removal, a qualified biologist shall conduct
a habitat assessment for bats. The habitat
assessment shall be conducted a minimum of 30 to
90 days prior to tree removal and shall include a
visual inspection of potential roosting features (e.g.,
cavities, crevices in wood and bark, exfoliating
bark, and suitable canopy for foliage roosting
species). If suitable habitat trees are found, they
shall be flagged or otherwise clearly marked and
tree trimming or removal shall not proceed unless
Require as a condition of
approval.
Require as a condition of
approval.
Require as a condition of
approval.
Planning
Division
Planning
Division
Planning
Division
MITIGATION MONITORING AND REPORTING PROGRAM
Los Gamos Apartments
Mitigation Measure Implementation
Procedure
Monitoring
Responsibility
Monitoring /
Reporting
Action & Schedule
Non-Compliance
Sanction/Activity
Monitoring
Compliance
Record
(Name/Date)
the following occurs: a) in trees with suitable
habitat, presence of bats is presumed, or
documented during the surveys described below,
and removal using the two-step removal process
detailed below occurs only during seasonal periods
of bat activity, from approximately March 1 through
April 15and September 1 through October 15, or b)
after a qualified biologist conducts night emergence
surveys or completes visual examination of roost
features that establish absence of roosting bats.
Two-step tree removal shall be conducted over two
consecutive days, as follows:
• the first day (in the afternoon), under the direct
supervision and instruction by a qualified
biologist with experience conducting two-step
tree removal, limbs and branches shall be
removed by a tree cutter using chainsaws only;
limbs with cavities, crevices or deep bark
fissures shall be avoided; and
• the second day the entire tree shall be removed.
IV(a). Mitigation Measure BIO-1b: Burrowing Owl
Habitat Assessment, Surveys, and Avoidance. Prior to
Project activities, a habitat assessment shall be performed
following Appendix C: Habitat Assessment and Reporting
Details of the CDFW Staff Report on Burrowing Owl
Mitigation4(CDFW 2012 Staff Report). The habitat
assessment shall extend at least 492 feet (150 meters) from
the Project site boundary or more where direct or indirect
effects could potentially extend offsite (up to 500 meters or
1,640 feet) and include burrows and burrow surrogates. If the
habitat assessment identifies potentially suitable burrowing
owl habitat, then a qualified biologist shall conduct surveys
Require as a condition of
approval.
Prior to the issuance of
building permits, project
sponsor designates qualified
professional prior to start of
construction and conduct
assessments and surveys.
Planning
Division
Planning /
Building
Division
Incorporate as
condition of project
approval.
Prior to issuance of
building permit,
qualified professional
coordinates with
CDFW to find
appropriate off-site
burrow locations.
Prior to issuance of
building permit,
Deny issuance of
building permit
Stop work if final
survey discovers
burrowing owls.
MITIGATION MONITORING AND REPORTING PROGRAM
Los Gamos Apartments
Mitigation Measure Implementation
Procedure
Monitoring
Responsibility
Monitoring /
Reporting
Action & Schedule
Non-Compliance
Sanction/Activity
Monitoring
Compliance
Record
(Name/Date)
following the CDFW 2012 Staff Report survey methodology.
Surveys shall encompass the Project site and a sufficient
buffer zone to detect owls nearby that may be impacted
commensurate with the type of disturbance anticipated, as
outlined in the CDFW 2012 Staff Report, and include burrow
surrogates such as culverts, piles of concrete or rubble, and
other non-natural features, in addition to burrows and
mounds. Time lapses between surveys or Project activities
shall trigger subsequent surveys, as determined by a qualified
biologist, including but not limited to a final survey within
24 hours prior to ground disturbance. The qualified biologis t
shall have a minimum of two years of experience
implementing the CDFW 2012 Staff Report survey
methodology resulting in detections. Detected burrowing
owls shall be avoided pursuant to the buffer zone prescribed
in the CDFW 2012 Staff Report and any passive relocation
plan for non-nesting owls shall be subject to CDFW review.
Burrowing Owl Wintering Habitat Mitigation. If the Project
would impact an occupied burrow (where a non-nesting
wintering owl would be evicted as described above), the
following habitat mitigation shall be implemented prior to
Project construction:
• Impacts to each burrow site shall be mitigated by
permanent preservation of two occupied burrow
sites with appropriate foraging habitat within Marin
County, unless otherwise approved by CDFW,
through a conservation easement and implementing
and funding a long-term management plan in
perpetuity.
The Project may implement alternative methods for
preserving habitat with written acceptance from CDFW.
Final survey to be
conducted within 24 hours
of ground disturbance.
Prior to issuance of building
permits, project sponsor
designates qualified
professional prior to start of
construction to coordinate
with CDFW to find
appropriate off-site burrow
locations.
Planning / Building
Division verifies
permanent
preservation of off-
site burrow locations
is satisfactory to
CDFW.
Incorporate as
condition of project
approval. Qualified
professional conducts
pre-construction
survey before permit
issuance.
Planning / Building
Division verifies
survey conducted
prior to issuance of
building permit
MITIGATION MONITORING AND REPORTING PROGRAM
Los Gamos Apartments
Mitigation Measure Implementation
Procedure
Monitoring
Responsibility
Monitoring /
Reporting
Action & Schedule
Non-Compliance
Sanction/Activity
Monitoring
Compliance
Record
(Name/Date)
IV(a); Mitigation Measure BIO-1c: American Badger
Preconstruction Wildlife Survey. Within one week prior to
initiation of construction, a qualified biologist will survey the
Project Area for potential American badger burrows. If
potentially occupied burrows are detected, an avoidance
buffer will be approved by CDFW, and established to protect
the burrow from construction impacts. If a sufficient buffer
cannot be established, the biologist will prepare a relocation
plan to be approved by CDFW and implemented prior to
initiation of construction. If construction is suspended for
more than 1 week or is initiated in an area more than 2500
feet from active construction, a new survey will be performed
prior to re-starting work or starting work in new areas.
Require as a condition of
approval.
Prior to the issuance of
building permits, project
sponsor designates qualified
professional to conduct
assessment and surveys and
to prior to start of
construction.
Require as a condition of
approval.
Prior to issuance of building
permits, project sponsor
designates qualified
professional prior to start of
construction to coordinate
with CDFW to find
appropriate off-site burrow
locations.
Planning
Division
Planning /
Building
Division
Incorporate as condition
of project approval.
Qualified professional
conducts assessments
and surveys as outlined
in the mitigation
measure and provides
copy of results to
Planning Division.
Planning / Building
Division verifies
assessments and
surveys conducted prior
to issuance of building
permit.
Planning / Building
Division verifies final
survey was conducted
within 24 hours of
ground disturbance..
Deny issuance of
building permit
Stop work if final
survey discovers
suitable habitat
trees.
Deny issuance of
building permit
MITIGATION MONITORING AND REPORTING PROGRAM
Los Gamos Apartments
Mitigation Measure Implementation
Procedure
Monitoring
Responsibility
Monitoring /
Reporting
Action & Schedule
Non-Compliance
Sanction/Activity
Monitoring
Compliance
Record
(Name/Date)
V. CULTURAL RESOURCES
V(b). 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 cer amic, glass, or metal
materials. Native American archaeological materials could
include obsidian and chert flaked stone tools (such as
projectile and dart 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).
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
professionals/approva
ls obtained prior to
issuance of
building permit
Deny project
Halt building
permit
V(c). Mitigation Measure CULT-2: Protect Human
Remains Identified During Construction: The 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, Project proponent, County of
Marin, and MLD shall make all reasonable efforts to develop
an agreement for the treatment, with appropriate dignity, of
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
professionals/approva
ls obtained prior to
issuance of
Deny project
Halt building
permit
MITIGATION MONITORING AND REPORTING PROGRAM
Los Gamos Apartments
Mitigation Measure Implementation
Procedure
Monitoring
Responsibility
Monitoring /
Reporting
Action & Schedule
Non-Compliance
Sanction/Activity
Monitoring
Compliance
Record
(Name/Date)
any human remains and associated or unassociated funerary
objects (CEQA Guidelines Section 15064.5[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.
building permit
Project sponsor to halt
work immediately
upon discovery of
cultural resources
Stop Work Order
or revocation of
permit
VII. GEOLOGY AND SOILS
VII(a)(ii). Mitigation Measure GEO -1: Prior to a grading
or building permit submittal, the project sponsor shall
prepare a design-level geotechnical investigation prepared by
a qualified and licensed geotechnical engineer and submit the
report to the City Engineer. Minimum recommendations
include design of new structures in accordance with the
provisions of the 2019 California Building Code or
subsequent codes in effect when final design occurs. Final
project design shall be consistent with the recommended
seismic design coefficients and spectral accelerations are
presented in the findings presented in Section 5.1 of the
December 7, 2020 MPEG report.
Require as a condition of
approval
Project sponsor prepare a
design-level geotechnical
investigation prepared by a
qualified and licensed
geotechnical engineer and
submit the report to the City
Engineer
Planning
Division
Public Works
Department
Incorporate as condition
of project approval
Public Works
Department / Building
Division verifies
appropriate design-level
report prior to issuance
of building permit
Deny project
Deny issuance of
building permit
VII(a)(iv). Mitigation Measure GEO-2: Supplemental
exploration with exploratory trenches and geology site
inspection/mapping further upslope shall be performed to
better evaluate the potential for instability. Most of the
suspected areas of instability within the site will be removed
as part of the planned excavation and building construction.
Undeveloped areas of instability within the project site
should be over-excavated, subsurface drainage installed, and
backfilled with engineered fill. Global stability of the site
should be checked as part of building wall design. Debris
catchment structure or deflection wall/berm may be needed
upslope of the planned buildings if debris flow paths cross
planned structures. Final project design shall be consistent
Require as a condition of
approval
Project sponsor prepare a
design-level drainage
system design prepared by a
qualified and licensed civil
engineer and submit the
report to the City Engineer
Planning
Division
Public Works
Department
Incorporate as condition
of project approval
Public Works
Department/ Building
Division verifies
appropriate design-level
report prior to issuance
of building permit
Deny project
Deny issuance of
building permit
MITIGATION MONITORING AND REPORTING PROGRAM
Los Gamos Apartments
Mitigation Measure Implementation
Procedure
Monitoring
Responsibility
Monitoring /
Reporting
Action & Schedule
Non-Compliance
Sanction/Activity
Monitoring
Compliance
Record
(Name/Date)
with the recommended findings presented in Chapter 5 of the
December 7, 2020 MPEG report.
VII(b). Mitigation Measure GEO-3: 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.
Planned improvements or structures on shallow foundations
should be setback from the unimproved drainage channel.
The recommended setback distance is a 3:1 inclination from
the channel bed or 10 feet from top of bank, whichever is
greater. The site drainage system shall be designed to collect
surface water from the maximum credible rainfall event and
discharging it into an established storm drainage system. The
project Civil Engineer is responsible for designing the site
drainage system.
In addition, an erosion control plan shall be developed prior
to construction per the current guidelines of the California
Stormwater Quality Association’s Best Management
Practice Handbook. Additionally, regular monitoring of the
upslope areas shall be performed, particularly during and
following periods of heavy rainfall. Regular maintenance of
upslope areas should also be performed and should include
maintaining vegetative cover on slopes, clearing debris from
the v-ditches and drain inlets, and promptly repairing any
erosion or shallow instabilities that occur. Final project
design shall be consistent with the recommended findings
presented in Chapter 5 of the December 7, 2020 MPEG
report.
Require as a condition of
approval
Project sponsor prepare a
design-level drainage
system design prepared by a
qualified and licensed civil
engineer and submit the
report to the City Engineer
Planning
Division
Public Works
Department
Incorporate as condition
of project approval
Public Works
Department/ Building
Division verifies
appropriate design-level
report prior to issuance
of building permit
Deny project
Deny issuance of
building permit
VII(d). Mitigation Measure GEO-4: Soils subgrades
and fills shall be moisture conditioned above the optimum
moisture content during site grading and maintained at this
moisture content until imported aggregate base and/or
Require as a condition of
approval
Project sponsor obtains
approvals from appropriate
Planning
Division
Public Works
Department/B
Incorporate as condition
of project approval
Public Works
Department/ Building
Deny project
Deny issuance of
building permit
MITIGATION MONITORING AND REPORTING PROGRAM
Los Gamos Apartments
Mitigation Measure Implementation
Procedure
Monitoring
Responsibility
Monitoring /
Reporting
Action & Schedule
Non-Compliance
Sanction/Activity
Monitoring
Compliance
Record
(Name/Date)
surface flatwork is completed. Retaining structures shall be
designed with a soil creep load where walls retain sloping
ground. Foundations shall be designed to account for some
expansive soil movement. Final project design shall be
consistent with the recommended findings presented in
Chapter 5 of the December 7, 2020 MPE G report.
agencies prior to issuance of
building permits
uilding
Division
Division verifies
appropriate approvals
obtained prior to
issuance of building
permit
VII(f). Mitigation Measure GEO-5: 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, 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 analy sis, 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
Require as a condition of
approval
Project sponsor shall
designate qualified
paleontologist, consult with
agencies as appropriate
prior to issuance of building
permits
Planning
Division
Building
Division
Incorporate as condition
of project approval
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. Planning /
Building Division
contacted and
appropriate agencies
alerted to discoveries
Deny project
Halt building
permit
MITIGATION MONITORING AND REPORTING PROGRAM
Los Gamos Apartments
Mitigation Measure Implementation
Procedure
Monitoring
Responsibility
Monitoring /
Reporting
Action & Schedule
Non-Compliance
Sanction/Activity
Monitoring
Compliance
Record
(Name/Date)
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 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.”
X. HYDROLOGY AND WATER QUALITY
X(a). Mitigation Measure HYDRO-1: Prior to issuing a
grading or building permit, the project applicant shall prepare
a Stormwater Pollution Prevention Plan (SWPPP) and/or
Erosion and Sediment Control Plan (ESCP) in accordance
Require as a condition of
approval
Planning
Division
Incorporate as
condition of project
approval
Deny project
MITIGATION MONITORING AND REPORTING PROGRAM
Los Gamos Apartments
Mitigation Measure Implementation
Procedure
Monitoring
Responsibility
Monitoring /
Reporting
Action & Schedule
Non-Compliance
Sanction/Activity
Monitoring
Compliance
Record
(Name/Date)
with the requirements of the statewide Construction General
Permit and the City of San Rafael Department of Public
Works. The SWPPP shall be prepared by a Qualified SWPPP
Developer (QSD). The SWPPP shall include the minimum
Best Management Practices (BMPs) required for the
identified risk level. The SWPPP shall be designed to address
the following objectives:
1) All pollutants and their sources, including sources of
sediment associated with construction, construction site
erosion, and all other activities associated with
construction activity are controlled;
2) Where not otherwise required to be un der a Regional
Water Quality Control Board permit, all non‐stormwater
discharges are identified and either eliminated,
controlled, or treated;
3) Site BMPs are effective and result in the reduction or
elimination of pollutants in stormwater discharges and
authorized non‐stormwater discharges from construction
activity. The erosion and sediment control plan shall
include the rationale used for selecting BMPs including
supporting soil loss calculations, as necessary;
4) Stabilization BMPs installed to reduce or eliminate
pollutants after construction are completed.
5) BMP implementation shall be consistent with the BMP
requirements in the most recent version of the California
Stormwater Quality Association Stormwater Best
Management Handbook‐Construction or the Caltrans
Stormwater Quality Handbook Construction Site BMPs
Manual.
Project sponsor submits
SWPP/ESCP to San Rafael
Department of Public
Works prior to issuance of
building permits
Public Works
Department
Public Works
Department verifies
appropriate approvals
obtained prior to
issuance of
building permit
Deny issuance of
building permit
X(a). Mitigation Measure HYDRO-2: Prior to a certificate
of occupancy, the Project applicant shall verify that
operational stormwater quality control measures that comply
with the requirements of the current Phase II Small MS4
Permit have been implemented. Responsibilities include, but
are not limited to:
Require as a condition of
approval
Planning
Division
Public Works
Department
Incorporate as
condition of project
approval
Public Works
Department verifies
Deny project
MITIGATION MONITORING AND REPORTING PROGRAM
Los Gamos Apartments
Mitigation Measure Implementation
Procedure
Monitoring
Responsibility
Monitoring /
Reporting
Action & Schedule
Non-Compliance
Sanction/Activity
Monitoring
Compliance
Record
(Name/Date)
1) Designing BMPs into Project features and operations to
reduce potential impacts to surface water quality and to
manage changes in the timing and quantity of runoff
associated with operation of the project. These features
shall be included in the design‐level drainage plan and
final development drawings.
2) The proposed project shall incorporate site design
measures and Low Impact Development design
standards, including minimizing disturbed areas and
impervious surfaces, infiltration, harvesting,
evapotranspiration, and/or bio‐treatment of stormwater
runoff.
3) The Project applicant shall establish an Operation and
Maintenance Plan. This plan shall specify a regular
inspection schedule of stormwater treatment facilities in
accordance with the requirements of the Phase II Small
MS4 Permit.
4) Funding for long‐term maintenance of all BMPs shall be
specified.
Project sponsor submits
Phase II Small MS4 Permit
to San Rafael Department of
Public Works prior to
issuance of certificate of
occupancy
appropriate approvals
obtained prior to
issuance of certificate
of occupancy
Deny issuance of
certificate of
occupancy
XVIII. TRIBAL CULTURAL RESOURCES
XVIII(a). 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 State and City policies and
procedures prescribed under PRC Section 21074.
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
professionals/approva
ls obtained prior to
issuance of
Deny project
Stop Work Order
or revocation of
permit
MITIGATION MONITORING AND REPORTING PROGRAM
Los Gamos Apartments
Mitigation Measure Implementation
Procedure
Monitoring
Responsibility
Monitoring /
Reporting
Action & Schedule
Non-Compliance
Sanction/Activity
Monitoring
Compliance
Record
(Name/Date)
building permit
RESOLUTION NO. 21-___
RESOLUTION OF THE CITY OF SAN RAFAEL PLANNING COMMISSION
RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A GENERAL PLAN
AMENDMENT FROM HILLSIDE RESOURCE RESIDENTIAL TO NEIGHBORHOOD
COMMERCIAL MIXED USE (GPA 20-001) AND ADOPTION OF AN ORDINANCE REZONING
CERTAIN PROPERTY FROM PLANNED DISTRICT – HILLSIDE DEVELOPMENT
OVERLAY DISTRICT (PD-H) AND RESIDENTIAL – HILLSIDE DEVELOPMENT OVERLAY
DISTRICT (R2A-H) TO PLANNED DEVELOPMENT DISTRICT (PD) (ZC 20-002), FOR THE
CONSTRUCTION OF A MIXED-USE PROJECT CONSISTING OF 192 RESIDENTIAL
APARTMENT UNITS WITH TEN BELOW MARKET RATE UNITS AVAILABLE TO LOW
INCOME HOUSEHOLDS, A 5,600 SQUARE-FOOT RETAIL GROCERY SOTRE, A 5,000
SQUARE FOOT COMMUNITY CENTER, AND 225 AT-GRADE AND SEMI-SUBTERRANEAN
PARKING SPACES, ON A 10.24 ACRE SITE LOCATED AT THE SOUTHERLY TERMINUS OF
LOS GAMOS ROAD NORTH OF OLEANDER DRIVE
(THE NEIGHBORHOOD AT LOS GAMOS)
(APNS: 165-220-06 AND 165-220-07)
WHEREAS, on December 22, 2020, the applicants submitted applications for a General Plan Amendment
(GPA 20-001) from Hillside Resource Residential to Neighborhood Commercial Mixed Use; Zone Change (ZC 20-
002) from Planned District – Hillside Development Overlay District (PD-H) and Residential – Hillside
Development Overlay District (R2a-H) to Planned Development District (PD); Vesting Tentative Parcel Map to
combine and adjust the boundaries of the existing parcels; and Environmental and Design Review (ED 20-058) for
a mixed-use project with 192 multi-family residential units, an approximately 5,600-square-foot market, a 5,000-
square-foot community center, and 225 at-grade and semi-subterranean parking spaces; on a 10.24 acre site located
at the southerly terminus of Los Gamos Road north of Oleander Drive; and
WHEREAS, local governments are authorized by Government Code section 65350 et seq., to amend the
general plan; and
WHEREAS, the current zoning for the site does not allow the type of mixed-use development proposed
and does not contain appropriate land use limitations and development standards, as required by Section 14.07.060
of the Zoning Ordinance; and
WHEREAS, the proposed PD District land use and development regulations for the property are presented
in Attachment B. The PD proposes:
a) Create a new PD Zoning District for the property;
b) Establish permitted land uses in the PD district; and
c) Establish development standards appropriate for the district.
WHEREAS, as required by the California Environmental Quality Act (CEQA) Guidelines, staff
determined that the applications for a general plan amendment, zone change, vesting tentative parcel map, and
environmental and design review permits, are a ‘project,’ making it subject to environmental review. Pursuant to
CEQA Guidelines Section 15063, an Initial Study/Mitigated Negative Declaration (IS/MND) was prepared to
determine the potential environmental impacts of the project. The IS/MND is supported by several technical studies
including air quality, noise, geotechnical and traffic); and
WHEREAS, as demonstrated in the preparation of the Initial Study/Mitigated Negative Declaration
(IS/MND), 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
aesthetics, air quality, biologic resources, cultural and tribal resources, geology and soils, and hydrology and water
quality consistent with CEQA Guidelines; and
WHEREAS, consistent with the requirements of the CEQA Guidelines, a Mitigation Monitoring and
Reporting Program (MMRP) has been prepared to ensure implementation of, and compliance with, all conditions
required to mitigate any environmental impact to a level of less than significant. All the identified mitigation
measures have also been included as conditions of project approval; and
WHEREAS, on September 30, 2021, the applicant held a Neighborhood Meeting via zoom which was
duly noticed to the residents and property owners within 300’ of the project site and notice of the meeting was also
posted on the site; and
WHEREAS, on October 5, 2021, the project was considered by the Design Review Board (DRB) which
recommended approval of the project subject to conditions to reconsider a darker color palette for the walls of the
structures, to try to provide a more natural and less formal arrangement of the proposed trees on the project, to
mitigate the impact of the tall retaining walls in the Village Commons, and for the project to come back for final
review of the design details by the DRB when building permits were submitted; and
WHEREAS, the applicant has agreed to all the recommended changes and they have been incorporated
into the conditions of approval for the project; and
WHEREAS, the project, including the Notice of Availability of the IS/MND, along with the planning
applications, was publicly noticed 30 days in advance of the Planning Commission hearing, through the following
means: 1) the subject site was posted; 2) publishing a legal ad in the Marin Independent Journal, a local newspaper
of general circulation in the area, on November 1, 2021; and 3) notices were mailed to surrounding property owners
within 300 feet, pertinent agencies (including responsible and trustee agencies), organizations and special interest
groups in conformance with the CEQA Guidelines; and
WHEREAS, on December 14, 2021, the Planning Commission held a duly-noticed public hearing on the
proposed project, the IS/MND and MMRP, and the applications for General Plan Amendment, Zone Change,
Vesting Tentative Parcel Map, and Environmental Design Review Permits, for the mixed-use project at the terminus
of Los Gamos Drive, 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 testimony and the
written report of the Community Development Department, as well as the comments received by public agencies,
utilities, organizations, special interest groups and persons who have reviewed the IS/MND and MMRP, and the
responses to those comments; and
WHEREAS, on December 14, 2021, the Planning Commission, by adoption of separate resolutions,
recommended to the City Council approval of the Mitigated Negative Declaration, Vesting Tentative Parcel Map
to combine and adjust the boundaries of the existing parcels; and Environmental and Design Review (ED 20-058)
for the proposed mixed-use project including the plans, site improvements, and landscaping, which establish the
appropriate development regulations and limitations for the intended use of the site; 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 of the City of San Rafael does
hereby recommend that the City Council approve the proposed General Plan Amendment (GPA 20-001) from
Hillside Resource Residential to Neighborhood Commercial Mixed Use and adopt an ordinance to approve the
Zone Change (ZC 20-002) from Planned District – Hillside Development Overlay District (PD-H) and Residential
– Hillside Development Overlay District (R2a-H) to Planned Development District (PD) and that a new PD District
be established as shown on the map in Attachment A, based on the following findings, as required under San Rafael
Municipal Code Sections 14.07.090 and 14.27.060:
1. The Development Plan as conditioned is consistent in principle with the San Rafael General Plan 2040 and
other applicable City plans or policies in that the development plans for The Neighborhood at Los Gamos
includes appropriate development standards, and is subject to an Environmental and Design Review Permit
and a Master Use Permit, implementing the intent of Chapter 25 (Environmental and Design Review Permit)
of the San Rafael Zoning Ordinance, Subdivision Ordinance (Title 15 of San Rafael Municipal Code), and
the applicable General Plan policies, as listed in the General Plan Consistency Analysis matrix in Attachment
D.
2. The applicant proposes to add 192 units of new residential development (market rate and BMR units) which
will help meet the projected need for 1,007 additional housing units in the City by the year 2023. The 4 and
5-story mixed-use development creates a reasonable transition between the existing residential properties
south and west of the site and the commercial properties southeast, northeast and across the 101 Freeway to
the east. Further, the development plan has been reviewed and recommended for approval by the Design
Review Board.
3. The local utility agencies have reviewed the plans and confirmed that the proposed development can be served
by public facilities such as sewer, water, refuse services and other infrastructure resources that currently serve
the existing development adjacent to the site.
4. The applicant has accepted the City’s direction to use the Neighborhood Commercial Mixed Use (NCMU)
property development standards for the new PD zoning, as this General Plan Land Use designation most
closely approximates the proposed property development standards. The proposed new development has been
designed to comply with the applicable NCMU property development standards, with the exception of the
Waiver requested for height and the Concession for commercial parking as provided by State Density Bonus
Law, and the proposed project is not requesting any other deviations (Variances) from land use regulations.
5. The auto, bicycle and pedestrian traffic systems presented on the Development Plan is adequately designed
for circulation needs and public safety in that: a) with Development Plan proposes sidewalks throughout the
development for pedestrian access; b) emergency vehicle ingress and egress from the development would be
provided through the existing portion of Los Gamos Drive that provides access to the site; and c) the access
and site layout has been reviewed by the appropriate City departments and has been found to be adequate by
the City of San Rafael Fire and Police Departments.
6. The public health, safety and welfare are served by the adoption of the proposed PD District, in that the
project as proposed and conditioned: a) would implement housing and environmental goals and policies
adopted for this site in the San Rafael General Plan 2040; b) would conform to City standards for safety; c)
as proposed, and conditioned, it would be consistent with the recommended mitigation measures presented
in the Initial Study/Mitigated Negative Declaration prepared for this project; and d) would address potential
project impacts to Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology and Soils,
Hydrology and Water Quality, and Tribal Cultural Resources the inclusion of' conditions of approval,
including the Mitigation Monitoring and Reporting Program, and Environmental and Design Review Permit.
The foregoing Resolution was adopted at the regular meeting of the City of San Rafael Planning Commission
held on the 14th day of December 2021.
Moved by Commissioner _______________ and seconded by Commissioner _______________.
AYES: COMMISSIONERS
NOES: COMMISSIONERS
ABSENT: COMMISSIONERS
ABSTAIN: COMMISSIONERS
SAN RAFAEL PLANNING COMMISSION
ATTEST: _____________________________ BY: ______________________________
Leslie Mendez, Secretary Shingai Samudzi, Chair
Attachment A: Rezoning Map
Attachment B: Planned Development District Standards
Attachment C: Legal Property Description
Attachment D: General Plan Consistency Analysis
Attachment A
REZONING MAP
APN 165-220-006 APN 165-220-007
PD Rezoning to create a new PD for these two properties for The Neighborhood at Los Gamos
(near the southerly terminus of Los Gamos Drive)
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EXHIBIT 1b_Attachment B
THE NEIGHBORHOOD AT LOS GAMOS – PLANNED DEVELOPMENT DISTRICT
1. PURPOSE OF PLANNED DEVELOPMENT DISTRICT
The purpose of the Planned Development District for the mixed-use project known as The
Neighborhood at Los Gamos is to regulate the development on the 10.24 acre site.
2. LAND USE REGULATIONS
a) This PD permits the following site characteristics:
192 residences;
a 5,574 square-foot market;
a 5,003 square foot community center;
225 parking spaces;
the South Park recreational and open space area;
The Commons recreational and open space area; and
landscaping, roadways, recreational features and other improvements.
b) No other land uses are permitted on the property other than those described in the staff report
dated December 14, 2021, and shown on the plans considered by the Planning Commission
on that date. Any proposed change to the land uses will require application and review as a
zoning amendment as provided by SRMC Section 14.07.150.
c) Private Usable Open Space: Balconies provided for the units shall remain open and not be
enclosed or otherwise screened with mesh or other materials.
d) All site improvements shall be installed as shown on the approved plans.
3. DEVELOPMENT STANDARDS
The Planned Development shall be developed in conformance with the approved development
plans, associated drawings and reports submitted with the Planned Development as listed in
Exhibit 6 to the Planning Commission staff report dated December 14, 2021.
Attachment C
LEGAL DESCRIPTION
The land referred to is situated in the County of Marin, City of San Rafael, State of California, and is
described as follows:
PARCEL ONE:
BEGINNING at the most Southern corner of that certain parcel of land described in the Deed to Trans
Western Title Company, a California corporation, recorded January 31, 1984 in Book 1775 of Official
Records at Page 442; thence from said point of beginning, along the Western line of said Trans Western
Title Parcel, North 01° 15' 00" East 290.00 feet, North 25°58' 00" East 235.00 feet, North 10° 26' 00" East
183.00 feet and North 02° 25' 00" West 37.085 feet to the Southwestern corner of Parcel One, as
described in the Deed of Jack H. Bennett, recorded March 14, 1967 in Book 2114 of Official Records at
Page 392; thence along the general Western line of said Parcel One North 2° 25' 00" West 290.915 feet,
and North 34° 09' 00" West 387.00 feet; thence leaving said Western line North 85° 52' 37" West 140.00
feet; thence South 4° 07' 23" West 1298 feet more or less to a point in the boundary described in an
agreement recorded March 1, 1951 in Book 681 of Official Records at Page 76; thence along said
boundary South 63° 16' 30" East 256 feet more or less to an angle point therein which bears South 39° 03'
00" West from the point of beginning; thence continuing along said boundary line North 39° 03' 00 " East
135.00 feet, more or less, to the point of beginning.
PARCEL TWO:
AN EASEMENT for vehicular and pedestrian access and public utility services, including sewer service
described as follows:
BEGINNING at the Southwesterly corner of the land shown on that certain record of survey entitled,
"Los Gamos Drive Extension", recorded in Book 6 at Page 8 of Official Surveys, Marin County Official
Records, said point also being the intersection of the lines on said survey shown as South 87° 35' West
143.09 feet and North 2° 25' West 328.00 feet; thence from said point of beginning along the following
courses and distances; South 2° 25' 00 " East 37.09 feet, thence South 10° 26' 00" West 2.99 feet, thence
North 87° 35' 00" East 119.04 feet, thence North 4° 07' 23" East 40.26 feet, thence South 87° 35' 00"
West 122.96 feet to the point of beginning.
APN: 165-220-06 and 165-220-07.
The Neighborhood at Los Gamos File #: GPA 20-001; ZC 20-002; ED 20-058
Southerly Terminus of Los Gamos Road Title: General Plan 2040 Consistency Table
Exhibit: D-1
Attachment D
TABLE ANALYZING PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2040
LAND USE ELEMENT
LU-1.2: Development Timing. For health, safety, and
general welfare reasons, new development should only
occur when adequate infrastructure is available,
consistent with the following findings:
a) The project is consistent with adopted Vehicle Miles
Traveled (VMT) standards, as well as the
requirements for Level of Service (LOS) specified in
the Mobility Element.
b) Planned circulation improvements necessary to meet
City standards for the project have funding
commitments and completed environmental review.
c) Water, sanitary sewer, storm sewer, and other
infrastructure improvements needed to serve the
proposed development have been evaluated and
confirmed to be in place or to be available to serve
the development by the time it is constructed.
d) The project has incorporated design and construction
measures to adequately mitigate exposure to
hazards, including flooding, sea level rise, and
wildfire.
Consistent with Conditions
The project proposes development on a vacant site. The quasi-governmental agencies that
would provide water and sewer service to the site have reviewed the proposed project and
determined that there is adequate capacity to service the new project. Marin Municipal Water
District (MMWD) has indicated that a pipeline extension is required to serve the site. This
requirement has been added to the conditions of approval. Las Gallinas Valley Sanitation
District (LGVSD) has determined that they can serve the project subject to several conditions
which have been added to the conditions of approval.
The City Traffic Engineer has reviewed the project and the Traffic Impact Study prepared by W -
Trans. The City Traffic Engineer concurs that this project would generate 78 additional a.m. and
102 additional p.m. peak hour vehicular trips. The City Traffic Engineer concurs with the
conclusion made in the Traffic Impact Study that the project would have a less-than-significant
impact for LOS levels at the studied intersections and below the VMT significance thresholds.
The project is conditioned on the payment of traffic mitigation fees based on the 180 total new
a.m./p.m. peak hour vehicle trips that would be generated by the project.
The analysis in the Mitigated Negative Declaration (MND) determined that the project was not
subject to flood hazard. The project incorporates a Vegetation Management Plan and a fuel
break buffer around the proposed development to reduce risk of uncontroll ed wildfire spread.
In addition, the project would be constructed pursuant to City of San Rafael development
standards for new construction, including installation of fire sprinklers and fire-retardant
building materials. Since the project is 30 to 200 feet above sea level, it is not expected to be
subject to sea level rise.
LU-1.8: Density of Residential Development. Use the
density ranges in the Land Use Element to determine the
number of housing units allowed on properties within the
Planning Area. The following provisions apply:
a) The density “range” includes a maximum and
minimum. A given General Plan designation may have
multiple corresponding zoning districts, including at
least one district in which the maximum density may
Consistent
The project proposes to construct 192 dwelling units on the 10.24 acre site, for a density of
18.75 units per acre; therefore, it would not exceed the maximum density allowed in the
Neighborhood Commercial Mixed Use Land Use category where up to 24.2 units per acre are
allowed.
The applicant has proposed that 10% of the units be affordable at the Low Income Level. As an
affordable housing project, the project is eligible for a Density Bonus under State law. The
The Neighborhood at Los Gamos File #: GPA 20-001; ZC 20-002; ED 20-058
Southerly Terminus of Los Gamos Road Title: General Plan 2040 Consistency Table
Exhibit: D-2
be achieved. Other zoning districts may have
maximum densities that are less than the maximum
indicated by the General Plan.
b) Calculation of allowable units shall be rounded to the
nearest whole number. Where the number is less
than 0.5, it shall be rounded down. Where the
number is 0.5 or greater, it may be rounded up.
c) The number of units permitted on a given parcel may
be affected by site resources and constraints,
potentially hazardous conditions, climate-related
factors (sea level rise, fire hazards, etc.), traffic and
access (including wildfire evacuation constraints), the
adequacy of infrastructure, City design policies, and
prevailing densities in adjacent areas.
d) The maximum net density shown on the General Plan
excludes density bonuses that may be provided for
affordable housing or other community benefits, in
accordance with State law and local policies.
applicant has applied for a density bonus of 0, in that no increase in the number of units is
proposed, but the application is accompanied by a request for a Waiver of the height limit of
30’ and a Concession to allow 12 parking spaces for the market. Both the Waiver and the
Concession are allowed pursuant to State Density Bonus Law.
LU-1.9: Clustering. Allow clustering of development as a
way to conserve environmentally sensitive or hazardous
portions of a site (such as unstable slopes or flood plains)
and enhance wildlife corridors. In such instances, the
density calculation shall be made based on the area of the
entire site (minus streets and easements), with the
resulting number of units transferred to the less sensitive
areas. The result would be a denser housing product on a
portion of the site, with the balance conserved as open
space.
Consistent
The project clusters the structures on the site in a way that minimizes the grading and
preserves more of the existing vegetation including a majority of the mature trees. It also
allows to the use of the South Park area, just over an acre in size, as a significant recreational
amenity on the property. This area will include both natural open space and improvements
including paths and children’s play structures.
LU-1.10: Intensity of Non-Residential Development.
Use the Floor Area Ratio limits on Figure 3-2 to determine
the square footage of building space allowed on
properties with non-residential General Plan
designations. The following provisions apply:
a) As with density, FAR is calculated on a “net” basis,
and is based on the area of each parcel excluding
streets and easements.
b) The maximum FAR stated by the General Plan is not
guaranteed. The square footage permitted on a given
Consistent
The project proposes a commercial use that conforms to the maximum FAR of 0.01 .
The Neighborhood at Los Gamos File #: GPA 20-001; ZC 20-002; ED 20-058
Southerly Terminus of Los Gamos Road Title: General Plan 2040 Consistency Table
Exhibit: D-3
parcel may be affected by site resources and
constraints, potentially hazardous conditions,
climate-related factors (sea level rise, fire hazards,
etc.), traffic and access (including wildfire evacuation
constraints), the adequacy of infrastructure, and City
design policies.
c) The maximum FARs shown in Figure 3-2 exclude any
residential development on the property. In the event
that residential uses or mixed use projects are
proposed on these sites, the maximum area is the
sum of the FAR allowance plus the residential density
allowance for the property. This Clause does not
apply to Downtown San Rafael, which is regulated by
the Downtown Precise Plan.
LU-1.15: Planned Development Zoning. Encourage the
use of Planned Development (PD) zoning for development
on parcels greater than five acres when the application of
traditional zoning standards would make it more difficult
to achieve General Plan goals. The PD zoning designation
allows flexible design standards that are more responsive
to site conditions as well as the transfer of allowable
General Plan and zoning density between contiguous sites
under common ownership.
Consistent
The project proposes Planned Development zoning on a site larger than 5 acres.
LU-1.17: Building Heights. Use General Plan Figures 3-3
and 3-4 as the basis for determining “baseline” maximum
building heights in San Rafael. Maximum heights should
continue to be codified through zoning and any applicable
Specific Plans or Precise Plans. In addition, the following
specific provisions related to building heights shall apply:
a) Height of buildings existing or approved as of January
1, 1987 shall be considered as conforming to zoning
standards.
b) Hotels outside of the Downtown Precise Plan
boundary have a 54-foot height limit. Within
Downtown, the height provisions of the Downtown
Precise Plan apply (see Figure 3-4).
c) As provided for by Policy LU-1.18, “baseline” building
heights are subject to height bonuses where specific
Consistent with Waiver per State Density Bonus Law
Although the project would exceed the maximum building height of 30 feet allowed for this
area of San Rafael, the project has applied for a Density Bonus and a waiver from the height
limit as permitted under State Density Bonus law, so the General Plan standard has been
superseded by State law.
The Neighborhood at Los Gamos File #: GPA 20-001; ZC 20-002; ED 20-058
Southerly Terminus of Los Gamos Road Title: General Plan 2040 Consistency Table
Exhibit: D-4
community benefits are provided, where a Variance
or zoning exception is granted, or where a Transfer of
Development Rights (TDR) is being implemented.
d) Heights may be increased by up to six (6) feet above
the baseline building heights as necessary to mitigate
the exposure of properties to sea level rise and other
flooding hazards (e.g., raising the first floor of
habitable floor space above anticipated tidal flood
elevations).
LU-2.2: Mixed Use Development. Encourage mixed-use
development (combining housing and commercial uses)
in Downtown San Rafael and on commercially designated
properties elsewhere in the city. Mixed-use development
should enhance its surroundings and be compatible with
adjacent properties.
Consistent
The project is a mixed-use development with both residences and commercial uses.
LU-3.3: Housing Mix. Encourage a diverse mix of housing
choices in terms of affordability, unit type, and size,
including opportunities for both renters and owners.
Consistent
The project proposes apartments, including 10% of the units affordable at the Low Income
level.
COMMUNITY DESIGN AND PRESERVATION
ELEMENT
CDP-1.3: Hillside Protection. Protect the visual integrity
and character of San Rafael’s hillsides and ridgelines.
Where hillside construction is permitted, structures
should be designed to provide slope and foundation
stability, erosion control, and adequate emergency
access, drainage and parking. Hillside buildings should be
sited to protect the natural landscape, avoid excessive
tree loss, and preserve scenic vistas from public vantage
points.
Consistent with Conditions
The project has been designed according to the Hillside Design Guidelines by utilizing
clustering, the use of stepbacks for the walls of the structures, the use of tuck-under parking,
and the use of materials and colors that help the buildings blend into the appearance of the
hillside. The project has been reviewed by the Design Review Board. Recommendations from
the Board for project design improvements have been incorporated into the conditions of
approval.
CDP-4.2: Public Involvement in Design Review. Provide
for public involvement in design review through effective
noticing, adequate comment timelines, and clear project
review opportunities, while still achieving development
streamlining objectives.
Consistent
The project has been reviewed by the Design Review Board and found, as conditioned, to be
consistent with the applicable design policies of the General Plan and the City’s Multi-family
Design Guidelines. All public hearings have been, or will be, properly noticed as required by the
Zoning Ordinance. In addition, the project applicant conducted a neighborhood outreach
meeting on September 30, 2021, that was attended by members of the public.
The Neighborhood at Los Gamos File #: GPA 20-001; ZC 20-002; ED 20-058
Southerly Terminus of Los Gamos Road Title: General Plan 2040 Consistency Table
Exhibit: D-5
CDP-4.5: Higher Density Design. Encourage high-quality
architecture and landscape design in new higher-density
housing and mixed-use projects. Such projects should be
designed to be compatible with nearby buildings and
respect the character-defining features of the
surrounding neighborhood or district.
Consistent with Conditions
This mixed-use project has been reviewed by the Design Review Board and found, as
conditioned, to be consistent with the applicable design policies of the General Plan and the
City’s Multi-family Design Guidelines and utilizes high-quality architecture and landscape
design.
CDP-4.6: Open Space in Multi-Family Housing. Require
private outdoor areas such as decks and patios, as well as
common open space areas, in new multi-family
development and mixed use housing. Common open
space may include recreation facilities, gathering places,
and site amenities such as picnic and play areas.
Consistent
The project provides both private open space for each unit and large common open space
areas, including the South Park area of approximately 1 acre and the Commons area ,
approximately 10,000 square feet of recreational area above and beside the
market/community center that includes seating, a water feature, a children’s play area and
other recreational amenities. Each of the common areas are easily accessible to the residents.
CDP-4.7: Larger-Scale Buildings. Design larger scale
buildings to reduce their perceived mass. Encourage the
incorporation of architectural elements such as towers,
arcades, courtyards, and awnings to create visual interest,
provide protection from the elements, and enhance
orientation.
Consistent with Conditions
The project is broken into five apartment buildings and one dual -use building, reducing the
mass of each building. The buildings use articulation of building form, and are set into the hill
such that the perceived mass is reduced. The proposed materials and colors will also help
reduce the perceived mass of the buildings. As mentioned, the Design Review Board
recommended approval of the project with recommendations for design improvements which
have been incorporated into the conditions of approval.
CDP-4.9: Parking and Driveways. Encourage parking and
circulation design that supports pedestrian movement
and ensures the safety of all travelers, including locating
parking to the side or rear of buildings, limiting driveway
cuts and widths, and minimizing large expanses of
pavement. Parking should be screened from the street by
landscaping and should provide easy access to building
entrances.
Consistent
The parking areas are completely screened from off-site views because they are either tucked
under the buildings or they are blocked from view by the proposed buildings and landscaping. A
system of sidewalks connects the buildings to each other and to the common open space areas,
promoting pedestrian access throughout the site. The project has a relatively small amount of
surface parking with only 42 spaces not located beneath the buildings. The location of the
majority of the parking beneath the buildings gives easy access to the buildings.
CDP-4.10: Landscape Design. Encourage—and where
appropriate require—privately owned and maintained
landscaping that conserves water, contributes to
neighborhood quality, complements building forms and
materials, improves stormwater management and
drainage, and enhances the streetscape. Natural
elements such as plants should be an integral part of site
development and should enhance the built environment
while supporting water conservation goals.
Consistent with Conditions
The project has an extensive landscape palette that relies on low-water using plants, including
many California natives, creating an attractive and sustainable plan . Of the 285 existing trees on
the property, 55 will be removed; the majority of the existing mature trees are preserved. An
additional 210 trees, including oak species, will be planted on the property. As mentioned, the
Design Review Board reviewed the project design, including the landscaping plans, and
recommended approval of the project with recommendations for design improvements which
have been incorporated into the conditions of approval.
The Neighborhood at Los Gamos File #: GPA 20-001; ZC 20-002; ED 20-058
Southerly Terminus of Los Gamos Road Title: General Plan 2040 Consistency Table
Exhibit: D-6
CDP-4.11: Lighting. Encourage lighting for safety and
security while preventing excessive light spillover and
glare. Lighting should complement building and landscape
design.
Consistent with Conditions
The project design includes a total of 26 new light poles, from 14-16 feet tall, along the internal
driveway system, 86 small light bollards mostly concentrated in the area of the
market/community center, and 24 other small light fixtures in various locations. A photometric
plan was submitted and reviewed by the Design Review Board and recommended for approval.
Proposed lighting will have to meet the standards of SRMC Section 14.16.227, Light and Glare.
In addition, Mitigation Measure AES-1 requires the project to conduct a post-installation
lighting study showing that the lighting on the site complies with the plan and the requirements
of the Municipal Code. As conditioned, the project will have adequate lighting without spillover
onto adjacent properties or natural areas.
CONSERVATION AND CLIMATE CHANGE ELEMENT
C-1.6: Creek Protection. Protect and conserve creeks as
an important part of San Rafael’s identity, natural
environment, and green infrastructure. Except for specific
access points approved per Policy C-1.7 (Public Access to
Creeks), development-free setbacks shall be required
along perennial and intermittent creeks (as shown on
www.marinmaps.org) to help maintain their function and
habitat value. Appropriate erosion control and habitat
restoration measures are encouraged within the setbacks,
and roadway crossings are permitted.
Consistent
There is an existing drainageway crossing west to east near the middle of the site. The new
buildings have been sited north of the drainageway. A bridge is proposed to span the
drainageway to provide pedestrian access from the new apartments to the South Park
recreational and open space area south of the new buildings. The bridg e is designed to
preserve the existing drainageway by providing a 25’ setback of all structures, including bridge
footings, from the top of the drainage on either side.
C-1.10: Hillside Preservation. Encourage preservation of
hillsides, ridgelines, and other open areas that serve as
habitat and erosion protection as well as visual backdrops
to urban areas.
Consistent
The project is located below the ridgeline west of the site and utilizes clustering to minimize the
amount of grading and impacts to existing vegetation. The majority of the existing trees on the
site would be preserved.
C-1.12: Native or Sensitive Habitats. Protect habitats that
are sensitive, rare, declining, unique, or represent a
valuable biological resource. Potential impacts to such
habitats should be minimized through compliance with
applicable laws and regulations, including biological
resource surveys, reduction of noise and light impacts,
restricted use of toxic pesticides, pollution and trash
control, and similar measures.
Consistent with Mitigation
As documented in the Mitigated Negative Declaration, Section IV Biological Resources, “no
federal or state listed (plant) species were observed or are expected to occur” on the site; one
rare plant has “moderate potential to occur”; 16 of 17 “special status wildlife species were
considered to have no potential to occur” and the other species had “low potential to occur”;
and because the site has many mature trees, there is potential to impact nesting birds.
Mitigation Measure BIO-1 is included in the Mitigated Negative Declaration and the conditions
of approval and will ensure that rare or protected plants and nesting birds are not impacted by
site development.
C-1.13: Special Status Species. Conserve and protect
special status plants and animals, including those listed by
State or federal agencies as threatened and/or
Consistent with Mitigation
See discussion in C-1.12 above.
The Neighborhood at Los Gamos File #: GPA 20-001; ZC 20-002; ED 20-058
Southerly Terminus of Los Gamos Road Title: General Plan 2040 Consistency Table
Exhibit: D-7
endangered, those considered to be candidate species for
listing by state and federal agencies, and other species
that have been assigned special status by the California
Native Plant Society and the California Fish and Game
Code. Avoidance of impacts, accompanied by habitat
restoration, is the preferred approach to conservation,
but mitigation measures may be considered when
avoidance is not possible.
C-1.15: Landscaping with Appropriate Naturalized Plant
Species. Encourage landscaping with native and
compatible non-native plant species that are appropriate
for the dry summer climate of the Bay Area, with an
emphasis on species determined to be drought-resistant.
Diversity of plant species is a priority for habitat
resilience.
Consistent
The proposed landscape plant species were reviewed by the Design Review Board to ensure
appropriate species were proposed.
C-1.16: Urban Forestry. Protect, maintain, and expand
San Rafael’s tree canopy. Trees create shade, reduce
energy costs, absorb runoff, support wildlife, create
natural beauty, and absorb carbon, making them an
essential and valued part of the city’s landscape and
strategy to address global climate change. Tree planting
and preservation should be coordinated with programs to
reduce fire hazards, reduce greenhouse gas emissions,
expand solar opportunities, and ensure public safety,
resulting in a community that is both green and fire-safe.
Consistent
Of the 285 existing mature trees on the property, 230 will be preserved and another 210 trees
will be planted. Many of the existing trees are oak species and oaks are also proposed as part of
the new landscape plan.
C-2.2: Land Use Compatibility and Building Standards.
Consider air quality conditions and the potential for
adverse health impacts when making land use and
development decisions. Buffering, landscaping, setback
standards, filters, insulation and sealing, home HVAC
measures, and similar measures should be used to
minimize future health hazards.
Consistent with Mitigation
As described in the Mitigated Negative Declaration, Section III Air Quality, Air Quality impacts
during temporary construction and grading activities required by the project would result in
less-than-significant impacts with mitigation measures. In addition, the project would result in
less-than-significant impacts with mitigation measures to minimize long-term increased cancer
risk to new project occupants from exposure to small particulate matter (PM2.5). The required
Air Quality mitigation measures (AQ-1, AQ-2), which include requirements for enhanced air
filtration systems in the project and methods to reduce dust creation during construction, are
included in the Mitigated Negative Declaration and the conditions of approval.
C-2.4: Particulate Matter Pollution Reduction. Promote
the reduction of particulate matter from roads, parking
lots, construction sites, agricultural lands, wildfires, and
other sources.
Consistent with Mitigation
Mitigation Measure AQ-1 includes dust-control techniques to control dust and exhaust during
construction.
The Neighborhood at Los Gamos File #: GPA 20-001; ZC 20-002; ED 20-058
Southerly Terminus of Los Gamos Road Title: General Plan 2040 Consistency Table
Exhibit: D-8
C-3.1: Water Quality Standards. Continue to comply with
local, state and federal water quality standards.
Consistent with Mitigation
As described in the Mitigated Negative Declaration, Section X, Hydrology and Water Quality,
Mitigation Measure HYDRO-1 requires the applicant to prepare a Storm Water Pollution
Prevention Plan (SWPPP) and implement stormwater control measures such as Low Impact
Development (LID) and Best Management Practices (BMP’s) per the City’s Manual of
Stormwater Pollution Control Standards for New Development and Redevelopment. In
addition, Mitigation Measure HYDRO-1 requires the project “applicant to verify that
operational stormwater quality control measures…have been implemented.” These measures
will ensure that less-than-significant impacts to water quality will occur.
C-3.2: Reduce Pollution from Urban Runoff. Require Best
Management Practices (BMPs) to reduce pollutants
discharged to storm drains and waterways. Typical BMPs
include reducing impervious surface coverage, requiring
site plans that minimize grading and disturbance of creeks
and natural drainage patterns, and using vegetation and
bioswales to absorb and filter runoff.
Consistent with Mitigation
See C-3.1 above.
C-3.3: Low Impact Development. Encourage construction
and design methods that retain stormwater on -site and
reduce runoff to storm drains and creeks.
Consistent with Mitigation
See C-3.1 above. In addition, as described in the Mitigated Negative Declaration, Section X,
Hydrology and Water Quality, the project includes stormwater management features such as
bioretention areas which have been designed to account for enough storage volume to
attenuate peak flows on and from the site. These features and the implementation of
Mitigation Measures HYDRO-1 and HYDRO-2 ensure that the project would not result in on- or
off-site flooding.
C-3.9: Water-Efficient Landscaping. Encourage—and
where appropriate require—the use of vegetation and
water-efficient landscaping that is naturalized to the San
Francisco Bay region and compatible with water
conservation, fire prevention and climate resilience goals.
Consistent
The proposed landscape plan was reviewed by the Design Review Board to ensure that the
landscaping incorporated appropriate water-efficient features.
C-4.1: Renewable Energy. Support increased use of
renewable energy and remove obstacles to its use.
Consistent
The project proposes the installation of photovoltaic panels on the roofs of the apartment
buildings to reduce the use of non-renewable energy sources.
C-4.2: Energy Conservation. Support construction
methods, building materials, and home improvements
that improve energy efficiency in existing and new
construction
Consistent
The project will comply with the most recently adopted California Building Code (CBC) CalGreen
and Title-24 Energy regulations.
C-4.5: Resource Efficiency in Site Development.
Encourage site planning and development practices that
Consistent
The Neighborhood at Los Gamos File #: GPA 20-001; ZC 20-002; ED 20-058
Southerly Terminus of Los Gamos Road Title: General Plan 2040 Consistency Table
Exhibit: D-9
reduce energy demand and incorporate resource- and
energy-efficient infrastructure.
The mixed-use nature of the project is more energy efficient than tradition development
patterns. The inclusion of a grocery store encourages residents to walk to the store. The project
also incorporates rooftop solar panels.
PARKS, RECREATION AND OPEN SPACE ELEMENT
PROS-1.13: Recreational Facilities in Development
Projects. Encourage, and where appropriate require, the
construction of on-site recreational facilities in multi-
family, mixed use, and office projects to supplement the
facilities available in City parks.
Consistent
The project includes substantial recreational amenities such as: 1) the South Park area of nearly
an acre with both natural open space and improvements including children’s play structures; 2)
the Village Commons area totaling approximately 10,000 square feet with both children’s play
areas and passive recreational features for adults; and 3) the 5,003 square-foot community
room above the grocery store.
PROS-3.5: Private Open Space. Ensure the long-term
stewardship of privately-owned open space in a manner
that conserves natural resource and aesthetic values,
sustains wildlife, and reduces hazards to life and property.
Opportunities to better integrate common open space in
private development with public open space space (via
trails, etc.) should be encouraged.
Consistent
The project design preserves almost half the site (4.83 acres) as undisturbed open space. The
majority of the existing trees will be preserved. The South Park area includes a substantial
proportion of natural hillside made accessible with pedestrian paths.
SAFETY AND RESILIENCE ELEMENT
S-1.2: Location of Future Development. Permit
development only in those areas where potential danger
to the health, safety, and welfare of the community can
be adequately mitigated. Land uses and densities should
take environmental hazards such as earthquakes,
flooding, slope stability, sea level rise, and wildfires into
consideration.
Consistent with Mitigation
As documented in the Mitigated Negative Declaration Section VII, Geology and Soils, reports
from Miller Pacific Engineering Group (MPEG) and Salem Howes Associates Inc. evaluated the
potential for project impacts related to geologic hazards. The reports d etermined that no active
faults crossed the site and that the site was in an area with low liquefaction potential. Since the
site is in an area potentially subject to strong ground shaking during an earthquake, Mitigation
Measure GEO-1 requires the preparation of a design-level geotechnical investigation. To
address the potential for landslide impacts and soil instability, Mitigation Measure GEO-2
requires the preparation of a final geotechnical report. With the implementation of these
Mitigation Measures, potential impacts related to earthquakes and slope stability will be
reduced to less-than-significant levels.
See LU-1.2 for a discussion of flood, sea level rise and wildfire hazards.
S-2.1: Seismic Safety of New Buildings. Design and
construct all new buildings to resist stresses produced by
earthquakes. The minimum level of seismic design shall
be in accordance with the most recently adopted building
code as required by State law.
Consistent with Mitigation
See S-1.2 above.
The Neighborhood at Los Gamos File #: GPA 20-001; ZC 20-002; ED 20-058
Southerly Terminus of Los Gamos Road Title: General Plan 2040 Consistency Table
Exhibit: D-10
S-2.2: Minimize the Potential Effects of Landslides.
Development proposed in areas with existing or potential
landslides (as identified by a Certified Engineering
Geologist, Registered Geotechnical Engineer, or the
LHMP) shall not be endangered by, or contribute to,
hazardous conditions on the site or adjoining properties.
Landslide mitigation should consider multiple options in
order to reduce potential secondary impacts (loss of
vegetation, site grading, traffic, visual). The City will only
approve new development in areas of identified landslide
hazard if the hazard can be appropriately mitigated,
including erosion control and replacement of vegetation.
Consistent with Mitigation
See S-1.2 above.
S-2.5: Erosion Control. Require appropriate control
measures in areas susceptible to erosion, in conjunction
with proposed development. Erosion control measures
should incorporate best management practices (BMPs)
and should be coordinated with requirements for on-site
water retention, water quality improvements, and
runoff control.
Consistent with Mitigation
See C-3.1 and C-3.3 above. In addition to the mitigation measures mentioned, Mitigation
Measure GEO-3 requires the preparation of a site drainage system that includes setbacks from
the drainageway. This is also described in C-1.6 above. Mitigation Measure GEO-3 also requires
the preparation of an erosion control plan per the current guidelines of the California
Stormwater Quality Association’s Best Management Practice Handbook.
S-3.8: Storm Drainage Improvements. Require new
development to mitigate potential increases in runoff
through a combination of measures, including
improvement of local storm drainage facilities. Other
measures, such as the use of porous pavement,
bioswales, and “green infrastructure” should be
encouraged.
Consistent with Mitigation
See C-3.1 and C-3.3 above.
S-4.3: New Development in Fire Hazard Areas. Design
new development to minimize fire hazards. Densities,
land uses, and site plans should reflect the level of
wildfire risk and evacuation capacity at a given location.
Consistent with Conditions
The project incorporates a Vegetation Management Plan and a fuel break buffer around the
proposed development to reduce risk of uncontrolled wildfire spread. In addition, the project
would be constructed pursuant to City of San Rafael development standards for new
construction, including installation of fire sprinklers and fire-retardant building materials. The
project has been reviewed by the Fire Department and found to be in conformance with fire
prevention standards and would not pose a risk to public safety or imp act levels of service.
NOISE ELEMENT
N-1.1: Land Use Compatibility Standards for Noise.
Protect people from excessive noise by applying noise
standards in land use decisions. The Land Use
Consistent with Conditions
As documented in the Mitigated Negative Declaration Section XIII, Noise, the acoustical report
prepared by Illingworth and Rodkin determined that the project would not generate new noise
The Neighborhood at Los Gamos File #: GPA 20-001; ZC 20-002; ED 20-058
Southerly Terminus of Los Gamos Road Title: General Plan 2040 Consistency Table
Exhibit: D-11
Compatibility standards in Table 9-2 are adopted by
reference as part of this General Plan and shall be applied
in the determination of appropriate land uses in different
ambient noise environments.
that would create significant impacts to existing residents. Modern construction techniques,
including the use of forced-air mechanical ventilation, and adherence to the standards of the
Building Code will ensure that the project complies with noise levels found in the General Plan
and the Municipal Code.
N-1.2: Maintaining Acceptable Noise Levels.
Use the following performance standards to maintain an
acceptable noise environment in San Rafael:
(a) New development shall not increase noise levels by
more than 3 dB Ldn in a residential area, or by more
than 5 dB Ldn in a non-residential area.
(b) New development shall not cause noise levels to
increase above the “normally acceptable” levels
shown in Table 9-2.
(c) For larger projects, the noise levels in (a) and (b)
should include any noise that would be generated by
additional traffic associated with the new
development.
(d) Projects that exceed the thresholds above may be
permitted if an acoustical study determines that
there are mitigating circumstances (such as higher
existing noise levels) and nearby uses will not be
adversely affected.
Consistent with Conditions
As documented in the Mitigated Negative Declaration Section XIII, Noise, the project would not
generate new noise that would create significant impacts to existing residents . In addition,
construction best management practices recommended by the report from Illingworth and
Rodkin have been included in the conditions of approval and will ensure that noise generated
during construction will generate less-than-significant impacts.
N-1.3: Reducing Noise Through Planning and Design. Use
a range of design, construction, site planning, and
operational measures to reduce potential noise impacts.
Consistent with Conditions
See N-1.2 above.
N-1.5: Mixed Use. Mitigate the potential for noise-related
conflicts in mixed use development combining residential
and nonresidential uses.
Consistent
The proposed grocery store is a compatible land use with the residences and is not expected to
be a source of significant noise.
N-1.9: Maintaining Peace and Quiet. Minimize noise
conflicts resulting from everyday activities such as
construction, sirens, yard equipment, business
operations, night-time sporting events, and domestic
activities.
Consistent with Conditions
See N-1.2 above.
MOBILITY ELEMENT
M-2.5: Traffic Level of Service. Maintain traffic Level of
Service (LOS) standards that ensure an efficient roadway
network and provide a consistent basis for evaluating the
Consistent
As documented in the Mitigated Negative Declaration Section XVII Transportation, the project
would not exceed the acceptable level of service standards (LOS), LOS D or better, for nearby
The Neighborhood at Los Gamos File #: GPA 20-001; ZC 20-002; ED 20-058
Southerly Terminus of Los Gamos Road Title: General Plan 2040 Consistency Table
Exhibit: D-12
transportation effects of proposed development projects
on local roadways. These standards shall generally be
based on the performance of signalized intersections
during the AM and PM peak hours. Arterial LOS standards
may be used in lieu of (or in addition to) intersection LOS
standards in cases where intersection spacing and road
design characteristics make arterial LOS a more reliable
and effective tool for predicting future impacts.
intersections. “Upon the addition of project-generated traffic to Existing volumes, all
intersections are expected to continue operating acceptably. Under the anticipated Future
volumes, all four study intersections are expected to operate acceptably at LOS D or better
during both peak hours and would be expected to continue doing so upon the addition of
project generated traffic. This is considered a less than significant impact.”
M-2.6: Traffic Mitigation Fees. Collect impact fees for
new development based on the expected number of trips
a project will generate. Fees should be used to implement
transportation improvements as directed by City Council
resolution.
Consistent with Conditions
The project is required to pay traffic mitigation fees totaling $764,280 ($4,246 x 180) for the 78
net new peak AM and 102 net new peak PM trips.
M-2.8: Emergency Access. Identify alternate ingress and
egress routes (and modes of travel) for areas with the
potential to be cut off during a flood, earthquake,
wildfire, or similar disaster.
Consistent
The project has been reviewed by the Fire and Police Departments and they have determined
that the project would maintain adequate access for emergency services.
M-3.2: Using VMT in Environmental Review. Require an
analysis of projected Vehicle Miles Traveled (VMT) as part
of the environmental review process for projects with the
potential to significantly increase VMT. As appropriate,
this shall include transportation projects and land
use/policy plans as well as proposed development
projects.
Consistent
As documented in the Mitigated Negative Declaration, Section XVII Transportation, “the
project’s proposed density and provision of onsite affordable housing would reduce its per
capita VMT by 12 percent, thereby resulting in a project-specific rate of 8.4 VMT per capita.
This is below the applied VMT significance threshold of 11.3 VMT per capita. Accordingly, the
residential component of the project as proposed wou ld be expected to result in a less-than-
significant VMT impact.”
“The project also includes an on-site 5,000 square-foot market available to the public and 5,000
square-foot community center. Based on guidance from the OPR Technical Advisory, local-
serving retail such as this can generally be presumed to have a less -than-significant impact on
VMT. This presumption is readily validated by the fact that customers of the market and
community center will include on-site residents who would not generate VMT when
patronizing the market, as well as residents and employees in surrounding areas that would
otherwise need to travel a longer distance, mostly by vehicle, to visit a competing retail use.
The market and community center would therefore be expected to result in a less-than-
significant VMT impact.”
M-6.1: Encouraging Walking and Cycling. Wherever
feasible, encourage walking and cycling as the travel
mode of choice for short trips, such as trips to school,
parks, transit stops, and neighborhood services. Safe,
walkable neighborhoods with pleasant, attractive streets,
Consistent
The mixed-use character of the project encourages residents to walk to the proposed grocery
store. The Village Commons and South Park recreational areas are easily accessible to
pedestrians. The project is located close to a major highway and is within walking distance of
nearby transit stops.
The Neighborhood at Los Gamos File #: GPA 20-001; ZC 20-002; ED 20-058
Southerly Terminus of Los Gamos Road Title: General Plan 2040 Consistency Table
Exhibit: D-13
bike lanes, public stairways, paths, and sidewalks should
be part of San Rafael’s identity.
COMMUNITY SERVICES AND INFRASTRUCTURE
ELEMENT
CSI-4.2: Adequacy of City Infrastructure and Services. As
part of the development review process, require
applicants to demonstrate that their projects can be
adequately served by the City’s infrastructure. All new
infrastructure shall be planned and designed to meet the
engineering and safety standards of the City as well as
various local service and utility providers.
Consistent
See LU-1.2 above. The appropriate utility agencies have reviewed the project and determined
that the property can be adequately served with appropriate system upgrades, which have
been incorporated into the conditions of approval.
EQUITY DIVERSITY AND INCLUSION ELEMENT
EDI-2.1: Neighborhood Design for Active Living. Improve
the design of San Rafael’s neighborhoods to promot e
physical activity for all residents, including opportunities
for safe walking and cycling, and walkable access to goods
and services.
Consistent
The mixed-use character of the project promotes pedestrian access to the grocery store and
the many recreational features of the project including the South Park area and the Village
Commons.
EDI-2.2: Safe Space for Physical Activity. Provide safe
physical spaces for children and families to play and be
physically active in all neighborhoods, particularly in the
Canal area and other neighborhoods where many homes
lack outdoor living space.
Consistent
The recreational features of the site are located well-away from public roads. The Village
Commons is near the internal driveway but speeds will be low on that system. Final design
features will include elements to separate children’s play areas from the driveway system. The
South Park area is separated from the internal driveway but easily accessible by residents.
EDI-3.2: Affordable Housing Development. Encourage
the development of affordable rental housing to meet the
needs of all San Rafael households.
Consistent
See H-18 below.
HOUSING ELEMENT
H-2: Design That Fits into the Neighborhood Context .
Recognize that construction of new housing and
improvements on existing properties can add to the
appearance and value of the neighborhood if they fit into
the established character of the area. Design new
housing, remodels, and additions to be compatible to the
surrounding neighborhood. Incorporate transitions in
height and setbacks from adjacent properties to respect
adjacent development character and privacy. Respect
Consistent with Conditions
Residential development is allowed on the site per the proposed Neighborhood Commercial
Mixed-Use Land Use designation. The project is on a vacant hillside parcel adjacent to single-
family development to the south and west. Commercial development to the north and east
includes a YMCA gymnasium and a Kaiser Health facility. Hwy 101 is just east of the site. The
Design Review Board recommended approval of the project design with recommendations for
design improvements which have been incorporated into the conditions of approval.
The Neighborhood at Los Gamos File #: GPA 20-001; ZC 20-002; ED 20-058
Southerly Terminus of Los Gamos Road Title: General Plan 2040 Consistency Table
Exhibit: D-14
existing landforms and minimize effects on adjacent
properties.
H-3: Public Information and Participation. Provide
information on housing programs and related issues.
Require and support public participation in the
formulation and review of the City’s housing policy,
including encouraging neighborhood involvement in
development review. Work with community groups to
advocate programs that will increase affordable housing
supply and opportunities. Ensure appropriate and
adequate involvement so that the design of new housing
will strengthen the character and integrity of the
neighborhood.
Consistent
See response in CDP-4.2 above.
H-14: Adequate Sites. Maintain an adequate supply of
land designated for all types of residential development
to meet the housing needs of all economic segments in
San Rafael. Within this total, the City shall also maintain a
sufficient supply of land for multifamily housing to meet
the quantified housing need of very low, low, and
moderate income housing units. Encourage development
of residential uses in commercial areas where the vitality
of the area will not be adversely affected and the site or
area will be enhanced by linking workers to jobs, and by
providing shared use of the site or area.
Consistent
This is a mixed-use project that provides 192 units of housing on an in-fill site. It will help
accommodate the projected need for 1,007 additional housing units in the City by the year
2023 (Regional Housing Needs Allocation, Page 62 of the Housing Element). A total of 20 of the
units will be affordable at the Low Income Level. These would contribute to the City’s need for
148 low-income housing units by the year 2023.
H-18: Inclusionary Housing Requirements. The City of
San Rafael first adopted inclusionary requirements in the
1980’s. The City requires residential projects to provide a
percentage of affordable units on site and/or pay in-lieu
of fees for the development of affordable units in another
location. The City’s program requires the units remain
affordable for the longest feasible time, or at least 55
years. The City's primary intent is the construction of
units on-site. The units should be of a similar mix and type
to that of the development as a whole, and dispersed
throughout the development. If this is not practical or not
permitted by law, the City will consider other alternatives
of equal value, such as in-lieu fees, construction of units
off-site, donation of a portion of the property for future
Consistent
The project will provide 20 units affordable at the Low Income Level, consistent with the
standards of the recently-adopted amendments to SRMC Section 14.16.030.
The Neighborhood at Los Gamos File #: GPA 20-001; ZC 20-002; ED 20-058
Southerly Terminus of Los Gamos Road Title: General Plan 2040 Consistency Table
Exhibit: D-15
non-profit housing development, etc. Allow for flexibility
in providing affordable units as long as the intent of this
policy is met
PRESOLUTION NO. 21-__
RESOLUTION OF THE CITY OF SAN RAFAEL PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL APPROVE A VESTING TENTATIVE
PARCEL MAP AND ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED 20-058), ON A
10.24 ACRE SITE LOCATED AT THE SOUTHERLY TERMINUS OF LOS GAMOS ROAD
NORTH OF OLEANDER DRIVE
(THE NEIGHBORHOOD AT LOS GAMOS)
(APNS: 165-220-06 AND 165-220-07)
WHEREAS, on December 22, 2020, the applicants submitted applications for a General Plan Amendment
(GPA 20-001) from Hillside Resource Residential to Neighborhood Commercial Mixed Use; Zone Change (ZC 20-
002) from Planned District – Hillside Development Overlay District (PD-H) and Residential – Hillside
Development Overlay District (R2a-H) to Planned Development District (PD); Vesting Tentative Parcel Map to
combine and adjust the boundaries of the existing parcels; and Environmental and Design Review (ED 20-058) for
a mixed-use project with 192 multi-family residential units; an approximately 5,600-square-foot market; a 5,000-
square-foot community center; and 225 at-grade and semi-subterranean parking spaces; on a 10.24 acre site located
at the southerly terminus of Los Gamos Road north of Oleander Drive; and
WHEREAS, the current zoning for the site does not allow the type of mixed-use development proposed
and does not contain appropriate land use limitations and development standards, as required by Section 14.07.060
of the Zoning Ordinance; and
WHEREAS, as required by the California Environmental Quality Act (CEQA) Guidelines, staff
determined that the applications for a general plan amendment, zone change, vesting tentative parcel map, and
environmental and design review permits, are a ‘project,’ making it subject to environmental review. Pursuant to
CEQA Guidelines Section 15063, an Initial Study/Mitigated Negative Declaration (IS/MND) was prepared to
determine the potential environmental impacts of the project. The IS/MND is supported by several technical studies
including air quality, noise, geotechnical and traffic); and
WHEREAS, as demonstrated in the preparation of the Initial Study/Mitigated Negative Declaration
(IS/MND), 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
aesthetics, air quality, biologic resources, cultural and tribal resources, geology and soils, and hydrology and water
quality consistent with CEQA Guidelines; and
WHEREAS, consistent with the requirements of the CEQA Guidelines, a Mitigation Monitoring and
Reporting Program (MMRP) has been prepared to ensure implementation of, and compliance with, all conditions
required to mitigate any environmental impact to a level of less than significant. All the identified mitigation
measures have also been included as conditions of project approval; and
WHEREAS, on September 30, 2021, the applicant held a Neighborhood Meeting via zoom which was
duly noticed to the residents and property owners within 300’ of the project site and notice of the meeting was also
posted on the site; and
WHEREAS, on October 5, 2021, the project was considered by the Design Review Board (DRB) which
recommended approval of the project subject to conditions to reconsider a darker color palette for the walls of the
structures, to try to provide a more natural and less formal arrangement of the proposed trees on the project, to
mitigate the impact of the tall retaining walls in the Village Commons, and for the project to come back for final
review of the design details by the DRB when building permits were submitted; and
WHEREAS, the applicant has agreed to all the recommended changes and they have been incorporated
into the conditions of approval for the project; and
WHEREAS, the project, including the Notice of Availability of the IS/MND, along with the planning
applications, was publicly noticed 30 days in advance of the Planning Commission hearing, through the following
means: 1) the subject site was posted; 2) publishing a legal ad in the Marin Independent Journal, a local newspaper
of general circulation in the area, on November 1, 2021; and 3) notices were mailed to surrounding property owners
within 300 feet, pertinent agencies (including responsible and trustee agencies), organizations and special interest
groups in conformance with the CEQA Guidelines; and
WHEREAS, on December 14, 2021, the Planning Commission held a duly-noticed public hearing on the
proposed project, the IS/MND, and MMRP, General Plan Amendment, Zone Change, Vesting Tentative Parcel
Map, and Environmental Design Review Permits, 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 testimony and the written report of the Community Development Department, as well as the comments
received by public agencies, utilities, organizations, special interest groups and persons who have reviewed the
IS/MND and MMRP, and the responses to those comments; and
WHEREAS, on December 14, 2021, by adoption of separate resolutions, the Planning Commission
recommended to the City Council approval of the Mitigated Negative Declaration, General Plan Amendment (GPA
20-001) and PD Rezoning (ZC 20-002) to change the land use designation to Neighborhood Commercial Mixed
Use and establish a new PD to allow for the mixed-use project as presented in the proposed development plans,
with appropriate development regulations and land use limitations; 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 of the City of San Rafael does
hereby recommend that the City Council approve the Vesting Tentative Parcel Map and Environmental and Design
Review (ED 20-058) based on the findings in Attachment A and the conditions of approval in Attachment B.
The foregoing Resolution was adopted at the regular meeting of the City of San Rafael Planning Commission
held on the 14th day of December 2021.
Moved by Commissioner _______________ and seconded by Commissioner _______________.
AYES: COMMISSIONERS
NOES: COMMISSIONERS
ABSENT: COMMISSIONERS
ABSTAIN: COMMISSIONERS
SAN RAFAEL PLANNING COMMISSION
ATTEST: _____________________________ BY: ______________________________
Leslie Mendez, Secretary Shingai Samudzi, Chair
Attachment A
Attachment B
Findings for Project Approval
Conditions of Approval
Environmental and Design Review Permit Findings
(ED 20-058)
In accordance with San Rafael Municipal Code (SRMC) Section 14.25.090, Findings, the following
findings are required for approval of an Environmental and Design Review Permit:
1. The proposed mixed-use project as conditioned is consistent in principle with the San Rafael General
Plan 2040 and other applicable City plans or policies in that the development plans for The
Neighborhood at Los Gamos includes appropriate development standards, and is subject to an
Environmental and Design Review Permit, implementing the intent of Chapters 22 (Use Permit) and
25 (Environmental and Design Review Permit) of the San Rafael Zoning Ordinance, Subdivision
Ordinance (Title 15 of San Rafael Municipal Code). A detailed discussion of the Project’s consistency
with the applicable General Plan policies is provided in the General Plan Consistency Analysis matrix
in Attachment D to Exhibit 1b (Resolution recommending approval of the General Plan Amendment
and Zone Change).
2. The project design, as proposed and conditioned, is consistent with the objectives and criteria of the
Zoning Ordinance, and the purposes of Chapter 25 (Environmental and Design Review) in that:
a) The development presents a competent design that has been thoughtfully studied and
presented to the Design Review Board, both as a conceptual design and then as a formal
application design. The applicant has agreed to modify the proposed building design and
landscaping as recommended by the Board and these changes have been incorporated into
the conditions of approval. The proposed new development has been designed to comply
with the applicable NCMU property development standards, with the exception of the
Waiver requested for height and the Concession for commercial parking as provided by State
Density Bonus Law, and the proposed project is not requesting any other deviations
(Variances) from land use regulations. The project has also been reviewed by local residents
during a formal Neighborhood Meeting (including a 15-day notice sent to property owners
and tenants within 300 feet of the project site).
b) The site plan respects site features and constraints by avoiding the existing drainage paths on
the property and by preserving the majority of the mature trees. The South Park area of the
project, just over an acre, located south of the proposed buildings, maintains much of the
existing vegetation to create an outdoor recreation area for the use of the project residents.
Of the 285 existing trees, 205 of the existing oaks will be preserved and 210 new trees,
including oak species, will be planted on the property.
c) The materials and colors that have been included in the proposed architecture are consistent
with the context of the surrounding area. The buildings are designed in a Contemporary style.
Walls would be a combination of stucco, lap siding and painted concrete. Trim would be
painted wood. Colors are earth-tones in complementary shades. As recommended by the
Design Review Board, the applicant has agreed to alter the colors of the buildings to make
the colors more compatible with the surrounding natural setting. Large areas of each of the
walls of the residential buildings incorporate windows, introducing considerable light into
the units. The residential buildings use horizontal and vertical articulation to break up the
mass. The project as conditioned will utilize colors and materials that will effectively blend
the proposed building with the predominant colors of the surrounding natural setting.
d) The proposed site plan incorporates design features to ensure that stormwater runoff will be
appropriately managed to avoid off-site impacts. In addition, Mitigation Measure HYDRO-
1 requires that the project applicant prepare a Stormwater Pollution Prevention Plan
(SWPPP) and/or Erosion and Sediment Control Plan (ESCP) in accordance with the
requirements of the statewide Construction General Permit and the City of San Rafael
Department of Public Works. The SWPPP shall include the minimum Best Management
Practices (BMPs) required for the identified risk level. This mitigation measure and the
project design will ensure that any potential impacts related to stormwater runoff are reduced
to a less-than-significant level.
3. The project design with conditions minimizes adverse environmental impacts in that:
a) The project would not cause the level of service at nearby intersections to exceed the
standards of the General Plan.
b) Potential environmental impacts have been addressed through the preparation of an Initial
Study and Mitigated Negative Declaration (IS/MND) consistent with the requirements of the
California Environmental Quality Act (CEQA). The IS/MND concluded that the proposed
project would result in potentially significant impacts in Aesthetics, Air Quality, Biological
Resources, Cultural Resources, Geology and Soils, Hydrology and Water Quality, and Tribal
Resources. Any potential impacts would be mitigated to a less-than-significant level through
implementation of recommended mitigations listed in the Mitigation Monitoring and
Reporting Program of the IS/MND.
4. The project design, as proposed and as conditioned, will not be detrimental to the public health, safety
or welfare, nor materially injurious to properties or improvements in the vicinity in that:
a) The environmental impacts associated with the development of the project have been
assessed and the project impacts can be mitigated to less -than-significant levels with the
implementation of specific mitigation measures as discussed in Environmental and Design
Review Permit Finding #3 above.
b) The project design would be an appropriate transitional use in an area which has both
commercial and single-family development. The project would preserve the majority of the
natural environment of the site. The South Park area will include both natural areas, a
pedestrian walkway, and children’s recreational play area. Furthermore, the project’s siting,
scale and mass has been designed to minimize visual impacts on adjacent properties, and the
new lighting is within the 1-foot candle (Fc) limit along the property line.
c) The site is subject to a condition of approval requiring a 90-day lighting review to adjust
lighting levels and reduce glare as needed to eliminate spillover glare onto adjacent
properties.
Vesting Tentative Parcel Map Findings
5. The proposed map is consistent with the San Rafael General Plan and any applicable, adopted specific
plan or neighborhood plan as noted in Environmental and Design Review Permit Finding, #1 above.
The purpose of the map is to allow the creation of a mixed-use development consisting of 192
residential apartment units; 225 parking spaces; a 5,574 square-foot market; and a 5,003 square-foot
community center.
6. The design or improvement of the subdivision is consistent with the San Rafael General Plan and any
pertinent, adopted specific plan or neighborhood plan in that:
a) the subdivision would create 192 units on the 10.24-acre parcel, which is in keeping with the
allowable density (8.7 to 24.2 units/acre or 89-247 units) per the Neighborhood Commercial
Mixed Use Land Use Designation, which encourages a mixed-use development in this
location; and
b) the City has balanced the regional and local housing needs against the public service needs
of its residents, as well as available fiscal and environmental resources, and concludes that
adequate public services are available to the site based on existing service providers that have
reviewed the project and indicated that subject to conditions of approval, the system has the
capacity to provide service.
7. The property subject to subdivision is physically suitable for the density of development that is
proposed in that:
a) the proposed subdivision would create 192 apartment units on site, which is below the
maximum density allowable per General Plan 2040 (247 units);
b) the project provides adequate parking for the residences in project under the provisions of
State Density Bonus Law, and the applicant has applied for a Concession for reduced
commercial parking as provided by State Density Bonus Law;
c) ample, code compliant private and common usable open space is provided for the project.
8. The design of the subdivision or the proposed improvements are not likely to cause substantial
environmental damage or substantially and avoidably injure fish or wildlife or their habitat in that:
a) the site is an in-fill site that has been designated in the General Plan as Neighborhood
Commercial Mixed Use with an allowed residential a density of 8.7-24.2 units per acres; and
b) An Initial Study/Mitigated Negative Declaration has been prepared and appropriate
mitigation measures identified in the Mitigation Monitoring and Reporting Program to
reduce any identified potential impacts to less-than-significant levels.
9. The design of the subdivision or the type of the proposed improvements is not likely to cause serious
health problems in that:
a) it is a mixed-use project that will be an appropriate transitional use between the single-family
residences to the south and west and the commercial uses to the east;
b) the proposed project would be built in accordance with the latest Building and Fire codes to
ensure the health and safety of future residents and adjacent neighbors;
c) the City’s Public Works Department and Las Gallinas Valley Sanitation District have
reviewed the drainage and proposed sewer connections for the project site and deemed the
project design to be in keeping with City standards, subject to conditions of approval; and
d) as conditioned, the proposed subdivision would not result in impacts to water quality or
impacts to environmental resources in that an erosion control plan is required as a condition
of project approval, which must be implemented before any grading or construction
commences on the site.
10. The design of the subdivision or the type of proposed improvements will not conflict with existing,
identified easements on site.
11. The design of the subdivision or the type of proposed improvements are consistent with the
standards for Hillside Lots as described in SRMC Section 15.07 in that:
a) the project will consist of one, 10.24 acre lot, which is larger than the 2.5 acre minimum;
b) the project employs development clustering;
c) the project is subject to an Environmental and Design Review Permit (ED 20-058) and
findings in support of that application are listed above;
d) the use of clustering minimizes grading, visual impacts, minimizes the removal of natural
vegetation, and maximizes preservation of existing trees;
e) the project is not located on a highly visible hillside nor on a ridgeline;
f) the proposed development preserves the hillside as a visual backdrop;
g) steep slopes and more hazardous, unstable portions of the site have been avoided;
h) development plans, and the conditions of approval, will require the preparation of detailed
geotechnical reports to ensure that development of the site can mitigate any geotechnical
constraints that might be discovered;
i) the buildings were reviewed by the Design Review Board and, as conditioned, were found to
achieve necessary hillside design quality;
j) the development of the site preserves the existing drainage paths on the site and the majority
of the existing vegetation; and
k) no new streets are proposed; access will be via a looped driveway system that, following
review by Public Works, Fire and Building and Safety has been found to provide appropriate
access.
12. The design of the subdivision or the type of proposed improvements are consistent with the
standards as described in SRMC Section 15.06 in that:
a) the project proposes one lot rather than individual for-sale lots;
b) no streets are proposed;
c) sidewalks, walkways and lighting conform to the standards of the Code;
d) the proposed grading and drainage design has been reviewed by the Department of Public
Works and Las Gallinas Valley Sanitary District and found, as conditioned, to provide proper
grading, drainage and erosion control;
e) the project will be constructed in compliance with the current Building and Fire Codes which
will ensure that appropriate fire protection measures and construction techniques will be
employed; and
f) all utilities will be undergrounded.
EXHIBIT 1c_Attachment B
ENVIRONMENTAL AND DESIGN REVIEW (ED 20-058)
CONDITIONS OF APPROVAL
General Conditions
1. The proposed project shall be constructed in substantial conformance with the project plans
as presented for approval at the Planning Commission public hearing of December 14,
2021. These plans shall be the same as required for issuance of building, grading and other
City permits. Minor modifications or revisions to the project plans shall be subject to
review and approval by the Community Development Department, Planning Division.
Modifications deemed not minor by the Community Development Director shall require
review and approval by the original decision making body.
2. Approved colors for the project structures shall be as shown on the approved plans or as
modified by these conditions of approval. Any future modification to colors shall be subject
to review and approval by the Community Development Department, Planning Division.
Modifications deemed not minor by the Community Development Director shall require
review and approval by the Design Review Board.
3. Applicant shall remit payment of the State Fish and Game fees in order for staff to file a
Notice of Determination with the County Clerk within 5 days of project approval. The
current fee amounts are $2,210 (current fee as of 2021) payable to the State Fish and Game
and $50.00 payable to the Marin County Clerk and are subject to increase on January 1st
of each year.
4. The project Mitigation Monitoring and Reporting Program (MMRP) of the Mitigated
Negative Declaration is incorporated into these conditions of approval by reference.
Mitigation Measures are also listed below in these conditions of approval. Applicant and
property owner shall comply with all terms and conditions of the MMRP. A deposit for
Mitigation Monitoring shall be paid as required by these conditions.
5. Property owner and applicant agree to defend, indemnify, release and hold harmless the
City, its agents, officers, attorneys, employees, boards and commissions from any claim,
action or proceeding brought against any of the foregoing individuals or entities
(“indemnities”), the purpose of which is to attack, set aside, void or annul the approval of
this application or the certification of any environmental document which accompanies it.
This indemnification shall include, but not be limited to, damages, costs, expenses, attorney
fees or expert witness fees that may be asserted or incurred by any person or entity,
including the applicant, third parties and the indemnities, arising out of or in connection
with the approval of this application, whether or not there is concurrent, passive or active
negligence on the part of the indemnities.
6. In the event that any claim, action or proceeding as described above is brought, the City
shall promptly notify the Property owner and applicant of any such claim, action or
proceeding, and the City will cooperate fully in the defense of such claim, action, or
proceeding, In the event applicant/property owner is required to defend the City in
connection with any said claim, action or proceeding, the City shall retain the right to; 1)
approve the counsel to so defend the City; 2) approve all significant decisions concerning
the manner in which the defense is conducted; and 3) approve any and all settlements,
which approval shall not be unreasonably withheld. Nothing herein shall prohibit the City
from participating in the defense of any claim, action or proceeding, provided that if the
City chooses to have counsel of its own to defend any claim, action or proceeding where
Property owner and applicant already has retained counsel to defend the City in such
matters, the fees and the expenses of the counsel selected by the City shall be paid by the
City.
7. As a condition of this application, applicant/property owner agree to be responsible for the
payment of all City Attorney expenses and costs, both for City staff attorneys and outside
attorney consultants retained by the City, associated with the reviewing, process and
implementing of the land use approval and related conditions of such approval. City
Attorney expenses shall be based on the rates established from time to time by the City
Finance Director to cover staff attorney salaries, benefits, and overhead, plus the actual
fees and expenses of any attorney consultants retained by the City. Applicant shall
reimburse City for City Attorney expenses and costs within 30 days following billing of
same by the City.
8. All site improvements, including but not limited to, site lighting, fencing, landscape islands
and paving, striping shall be maintained in good, undamaged condition at all times. Any
damaged improvements shall be replaced in a timely manner.
9. The Project site shall be kept free of litter and garbage. Any trash, junk or damaged
materials that are accumulated on the site shall be removed and disposed of in a timely
manner.
10. All new landscaping shall be irrigated with an automatic drip system and maintained in a
healthy and thriving condition, free of weeds and debris, at all times. Any dying or dead
landscaping shall be replaced in a timely fashion.
11. All public streets and sidewalks and on-site streets which are privately owned that are
impacted by the grading and construction operation for the Project shall be kept clean and
free of debris at all times. The general contractor shall sweep the nearest street and sidewalk
adjacent to the site on a daily basis unless conditions require greater frequency of sweeping.
12. This Environmental and Design Review Permit shall run with the land and shall remain
valid regardless of any change of ownership of the Project site, subject to these conditions,
provided that a building/grading permit is issued, and construction commenced, or a time
extension request is submitted to the City’s Community Development Department,
Planning Division, within three (3) years of the City Council approval. Failure to obtain a
building permit and grading permit and construction or grading activities commenced, or
failure to obtain a time extension within the three-year period will result in the expiration
of this Environmental and Design Review Permit.
13. This Environmental and Design Review Permit (ED 20-058) approving the Project shall
ran concurrently with the approved Vesting Tentative Parcel Map. If either entitlement
expires, this Environmental and Design Review Permit approving the Project, as depicted
on Project plans, shall also expire and become invalid.
14. A copy of the Conditions of Approval for ED 20-058 shall be included as a plan sheet with
the building permit plan submittal.
15. Bicycle parking shall be provided in compliance with San Rafael Municipal Code Section
14.18.090. This requires bicycle spaces provided on site at a minimum of 5% of total
vehicle parking, including a minimum of one two bike capacity rack for short term bicycle
parking. Final plans shall include a design detail for proposed bicycle parking spaces,
proposed number and location subject to final review and approval by the Community
Development Department and Traffic Engineer.
16. Property Owner/applicant shall be responsible for all costs associated with mitigation
monitoring and shall remit an initial deposit in the amount of $6,540.00 for mitigation
monitoring and condition compliance. Staff shall bill time against this deposit amount
during Project review and implementation of the Project and monitoring of Project
conditions, to assure compliance with conditions and mitigation measures has been
achieved.
17. All mechanical equipment (i.e. air conditioning units, meters and transformers) and
appurtenances not entirely enclosed within the structure (on side of building or roof) shall
be screened from public view. The method used to accomplish the screening shall be
indicated on the building plans and approved by the Planning Division.
18. Any outstanding Planning Division application processing fees shall be paid.
19. A construction logistics plan shall be submitted demonstrating how construction conditions
shall be met. The plan must be approved by the Public Works Department and Community
Development Director and shall include the conditions of approval and mitigation
measures that are applicable to the construction of the Project.
20. The project shall be subject to the affordable housing requirements prescribed in Section
14.16.030 of the San Rafael Zoning Ordinance and is therefore required to provide twenty
(20) of the 192 apartment units as affordable. Prior to the issuance of a building permit or
recordation of the final map, whichever occurs first, a Below Market Rate (BMR)
agreement for the twenty (20) affordable units shall be approved by the City Council and
recorded on the property. The location of the BMR units shall be identified on the project
plans and the final location shall be subject to review and approval of the City as part of
the City’s consideration of the BMR agreement. Please contact the Marin Housing
Authority to commence the agreement process.
21. Protective barrier fencing shall be installed during construction to protect existing trees that
are to remain on site, as per the approved landscape plan. Plans showing the fencing,
signage and barrier details shall be included on Project plans, The fencing shall be a
minimum four-foot orange mesh protected by hay bales and signage designed to avoid
intrusion by construction workers and equipment.
Project Mitigation Measures
Aesthetics
22. Mitigation Measure AES-1: Prior to the Building Permit final inspection, the project
applicant shall submit to the satisfaction of the Community Development Department
Director, a post-installation photometric lighting study showing that the lighting on site
complies with the approved lighting levels per ED 20-058 and the requirements of SRMC
14.16.227. The project applicant shall also demonstrate to the Building Division that
outdoor lighting fixtures meet the requirements of the California Energy Code (known as
Part 6, Title 24 of the California Code of Regulations).
Air Quality
23. Mitigation Measure AQ-1: Include basic measures to control dust and exhaust during
construction. During any construction period ground disturbance, the applicant shall ensure
that the project contractor implement measures to control dust and exhaust. Implementation
of the measures recommended by BAAQMD and listed below would reduce the air quality
impacts associated with grading and new construction to a less-than-significant level. The
contractor shall implement the following best management practices that are required of
all projects:
a) All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered two times per day.
b) All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
c) All visible mud or dirt track-out onto adjacent public roads shall be removed using wet
power vacuum street sweepers at least once per day. The use of dry power sweeping is
prohibited.
d) All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph).
e) All roadways, driveways, and sidewalks to be paved shall be completed as soon as
possible. Building pads shall be laid as soon as possible after grading unless seeding or
soil binders are used.
f) Idling times shall be minimized either by shutting equipment off when not in use or
reducing the maximum idling time to 5 minutes (as required by the California airborne
toxics control measure Title 13, Section 2485 of California Code of Regulations
[CCR]). Clear signage shall be provided for construction workers at all access points.
g) All construction equipment shall be maintained and properly tuned in accordance with
manufacturer's specifications. All equipment shall be checked by a certified mechanic
and determined to be running in proper condition prior to operation.
h) Post a publicly visible sign with the telephone number and person to contact at the City
of San Rafael Building Division regarding dust complaints. This person shall respond
and take corrective action within 48 hours. The Air District's phone number shall also
be visible to ensure compliance with applicable regulations.
24. Mitigation Measure AQ-1a: All diesel-powered off-road equipment, larger than 25
horsepower, operating on the site for more than two days continuously shall, at a minimum,
meet U.S. EPA particulate matter emissions standards for Tier 2 engines with CARB-
certified Level 3 Diesel Particulate Filters or equivalent.
a) The use of equipment meeting U.S. EPA Tier 4 standards for particulate matter would
also meet this requirement.
b) Use of equipment that includes alternatively-fueled equipment (i.e., non-diesel) would
meet this requirement.
c) Other measures may be the use of added exhaust devices, or a combination of measures,
provided that these measures are approved by the City and demonstrated to reduce
community risk impacts to less-than-significant levels.
25. Mitigation Measure AQ-2: Include high-efficiency particulate filtration systems in
residential ventilation systems. The project shall include the following measures to
minimize long-term increased cancer risk and annual PM2.5 exposure for new project
occupants:
a) Install air filtration in residential dwellings. Air filtration devices shall be rated MERV
13 or higher. To ensure adequate health protection to sensitive receptors (i.e.,
residents), this ventilation system, whether mechanical or passive, all fresh air
circulated into the dwelling units shall be filtered, as described above.
b) As part of implementing this measure, an ongoing maintenance plan for the buildings'
heating, ventilation, and air conditioning (HV AC) air filtration system shall be
required.
c) Ensure that the use agreement and other property documents: (1) require cleaning,
maintenance, and monitoring of the affected buildings for air flow leaks, (2) include
assurance that new owners or tenants are provided information on the ventilation
system, and (3) include provisions that fees associated with owning or leasing a unit(s)
in the building include funds for cleaning, maintenance, monitoring, and replacements
of the filters, as needed.
Biological Resources
26. Mitigation Measure BIO-1a: The project sponsor shall conduct pre-construction surveys
prior to initiation of any construction activities, including the following:
a) Rare Plant Survey. Prior to initiation of construction, a qualified botanist will survey
for this species during their blooming season (April through November) to ensure these
plants are not impacted. If individual plants are located within the development
footprint, the qualified botanist will transplant individual plants to an area with the
habitat requirements for this species in an area that will remain undisturbed within the
Project Area.
b) Special-Status Plant Survey and Avoidance. A qualified botanist shall conduct surveys
during the appropriate blooming period for all special-status plants that have the
potential to occur on or adjacent to the Project area prior to the start of ground-
disturbing activities and prepare a report documenting survey findings. Habitat
adjacent to the Project area should be surveyed if the Project may have indirect impacts
off-site as a result of changes to hydrological conditions or other indirect impacts. More
than one year of surveys may be necessary. Surveys and reporting shall be conducted
following Protocols for Surveying and Evaluating Impacts to Special-Status Native
Plant Populations and Sensitive Natural Communities. Surveys shall be submitted to
CDFW for review and written acceptance. If special-status plants are found during
surveys, the Project shall be re-designed to avoid impacts to special-status plants. If
impacts to any special-status plants cannot be avoided completely during construction,
the Project shall provide mitigation including on-site restoration, off-site habitat
preservation, or another method accepted in writing by CDFW. The qualified botanist
shall be knowledgeable about plant taxonomy, familiar with plants of the region, and
have experience conducting botanical field surveys according to vetted protocols.
c) Tree Removal and Migratory Bird Protection. Tree and shrub removal will be
conducted between September 1 and February 14, outside of nesting bird season, to the
extent possible. Tree removal between February 15 and August 31 will require a
nesting bird survey by a qualified biologist no more than 7 days prior to work occurring.
d) Active Bird Nest. If at any time of the year an active bird nest is observed within or
near work sites, work within 50 feet of the ob served nest shall cease, care shall be taken
not to disturb the nest, and the work supervisor shall contact designated biologist for
guidance on how to proceed. A no-work buffer will be implemented by the biologist as
appropriate to protect the nest until the young have fledged.
e) Bat Tree Habitat Assessment and Surveys. Prior to any tree removal, a qualified
biologist shall conduct a habitat assessment for bats. The habitat assessment shall be
conducted a minimum of 30 to 90 days prior to tree removal and shall include a visual
inspection of potential roosting features (e.g., cavities, crevices in wood and bark,
exfoliating bark, and suitable canopy for foliage roosting species). If suitable habitat
trees are found, they shall be flagged or otherwise clearly marked and tree trimming or
removal shall not proceed unless the following occurs: a) in trees with suitable habitat,
presence of bats is presumed, or documented during the surveys described below, and
removal using the two-step removal process detailed below occurs only during seasonal
periods of bat activity, from approximately March 1 through April 15and September 1
through October 15, or b) after a qualified biologist conducts night emergence surveys
or completes visual examination of roost features that establish absence of roosting
bats.
Two-step tree removal shall be conducted over two consecutive days, as follows:
i. the first day (in the afternoon), under the direct supervision and instruction by
a qualified biologist with experience conducting two-step tree removal, limbs
and branches shall be removed by a tree cutter using chainsaws only; limbs with
cavities, crevices or deep bark fissures shall be avoided; and
ii. the second day the entire tree shall be removed
27. Mitigation Measure BIO-1b: Burrowing Owl Habitat Assessment, Surveys, and
Avoidance. Prior to Project activities, a habitat assessment shall be performed following
Appendix C: Habitat Assessment and Reporting Details of the CDFW Staff Report on
Burrowing Owl Mitigation (CDFW 2012 Staff Report). The habitat assessment shall
extend at least 492 feet (150 meters) from the Project site boundary or more where direct
or indirect effects could potentially extend offsite (up to 500 meters or 1,640 feet) and
include burrows and burrow surrogates. If the habitat assessment identifies potentially
suitable burrowing owl habitat, then a qualified biologist shall conduct surveys following
the CDFW 2012 Staff Report survey methodology. Surveys shall encompass the Project
site and a sufficient buffer zone to detect owls nearby that may be impacted commensurate
with the type of disturbance anticipated, as outlined in the CDFW 2012 Staff Report, and
include burrow surrogates such as culverts, piles of concrete or rubble, and other non-
natural features, in addition to burrows and mounds. Time lapses between surveys or
Project activities shall trigger subsequent surveys, as determined by a qualified biologist,
including but not limited to a final survey within 24 hours prior to ground disturbance. The
qualified biologist shall have a minimum of two years of experience implementing the
CDFW 2012 Staff Report survey methodology resulting in detections. Detected burrowing
owls shall be avoided pursuant to the buffer zone prescribed in the CDFW 2012 Staff
Report and any passive relocation plan for non-nesting owls shall be subject to CDFW
review.
Burrowing Owl Wintering Habitat Mitigation. If the Project would impact an occupied
burrow (where a non-nesting wintering owl would be evicted as described above), the
following habitat mitigation shall be implemented prior to Project construction:
a) Impacts to each burrow site shall be mitigated by permanent preservation of two
occupied burrow sites with appropriate foraging habitat within Marin County, unless
otherwise approved by CDFW, through a conservation easement and implementing and
funding a long-term management plan in perpetuity.
b) The Project may implement alternative methods for preserving habitat with written
acceptance from CDFW.
28. Mitigation Measure BIO-1c: American Badger Preconstruction Wildlife Survey. Within
one week prior to initiation of construction, a qualified biologist will survey the Project
Area for potential American badger burrows. If potentially occupied burrows are detected,
an avoidance buffer will be approved by CDFW, and established to protect the burrow
from construction impacts. If a sufficient buffer cannot be established, the biologist will
prepare a relocation plan to be approved by CDFW and implemented prior to initiation of
construction. If construction is suspended for more than 1 week or is initiated in an area
more than 2500 feet from active construction, a new survey will be performed prior to re-
starting work or starting work in new areas.
Cultural Resources
29. 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 dart
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).
30. Mitigation Measure CULT-2: Protect Human Remains Identified During Construction:
The 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, 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 15064.5[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.
Geology and Soils
31. Mitigation Measure GEO -1: Prior to a grading or building permit submittal, the project
sponsor shall prepare a design-level geotechnical investigation prepared by a qualified and
licensed geotechnical engineer and submit the report to the City Engineer. Minimum
recommendations include design of new structures in accordance with the provisions of
the 2019 California Building Code or subsequent codes in effect when final design occurs.
Final project design shall be consistent with the recommended seismic design coefficients
and spectral accelerations are presented in the findings presented in Section 5.1 of the
December 7, 2020 MPEG report.
32. Mitigation Measure GEO-2: Supplemental exploration with exploratory trenches and
geology site inspection/mapping further upslope shall be performed to better evaluate the
potential for instability. Most of the suspected areas of instability within the site will be
removed as part of the planned excavation and building construction. Undeveloped areas
of instability within the project site should be over-excavated, subsurface drainage
installed, and backfilled with engineered fill. Global stability of the site should be checked
as part of building wall design. Debris catchment structure or deflection wall/berm may be
needed upslope of the planned buildings if debris flow paths cross planned structures. Final
project design shall be consistent with the recommended findings presented in Chapter 5
of the December 7, 2020 MPEG report.
33. Mitigation Measure GEO-3: 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. Planned improvements or structures
on shallow foundations should be setback from the unimproved drainage channel. The
recommended setback distance is a 3:1 inclination from the channel bed or 10 feet from
top of bank, whichever is greater. The site drainage system shall be designed to collect
surface water from the maximum credible rainfall event and discharging it into an
established storm drainage system. The project Civil Engineer is responsible for designing
the site drainage system.
In addition, an erosion control plan shall be developed prior to construction per the current
guidelines of the California Stormwater Quality Association’s Best Management Practice
Handbook. Additionally, regular monitoring of the upslope areas shall be performed,
particularly during and following periods of heavy rainfall. Regular maintenance of
upslope areas should also be performed and should include maintaining vegetative cover
on slopes, clearing debris from the v-ditches and drain inlets, and promptly repairing any
erosion or shallow instabilities that occur. Final project design shall be consistent with the
recommended findings presented in Chapter 5 of the December 7, 2020 MPEG report.
34. Mitigation Measure GEO-4: Soils subgrades and fills shall be moisture conditioned above
the optimum moisture content during site grading and maintained at this moisture content
until imported aggregate base and/or surface flatwork is completed. Retaining structures
shall be designed with a soil creep load where walls retain sloping ground. Foundations
shall be designed to account for some expansive soil movement. Final project design shall
be consistent with the recommended findings presented in Chapter 5 of the December 7,
2020 MPEG report.
35. Mitigation Measure GEO-5: 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, 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 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.”
Hydrology and Water Quality
36. Mitigation Measure HYDRO-1: Prior to issuing a grading or building permit, the project
applicant shall prepare a Stormwater Pollution Prevention Plan (SWPPP) and/or Erosion
and Sediment Control Plan (ESCP) in accordance with the requirements of the statewide
Construction General Permit and the City of San Rafael Department of Public Works. The
SWPPP shall be prepared by a Qualified SWPPP Developer (QSD). The SWPPP shall
include the minimum Best Management Practices (BMPs) required for the identified risk
level. The SWPPP shall be designed to address the following objectives:
a) All pollutants and their sources, including sources of sediment associated with
construction, construction site erosion, and all other activities associated with
construction activity are controlled;
b) Where not otherwise required to be under a Regional Water Quality Control Board
permit, all non‐stormwater discharges are identified and either eliminated, controlled,
or treated;
c) Site BMPs are effective and result in the reduction or elimination of pollutants in
stormwater discharges and authorized non‐stormwater discharges from construction
activity. The erosion and sediment control plan shall include the rationale used for
selecting BMPs including supporting soil loss calculations, as necessary;
d) Stabilization BMPs installed to reduce or eliminate pollutants after construction are
completed;
e) BMP implementation shall be consistent with the BMP requirements in the most recent
version of the California Stormwater Quality Association Stormwater Best
Management Handbook‐Construction or the Caltrans Stormwater Quality Handbook
Construction Site BMPs Manual.
37. Mitigation Measure HYDRO-2: Prior to a certificate of occupancy, the Project applicant
shall verify that operational stormwater quality control measures that comply with the
requirements of the current Phase II Small MS4 Permit have been implemented.
Responsibilities include, but are not limited to:
a) Designing BMPs into Project features and operations to reduce potential impacts to
surface water quality and to manage changes in the timing and quantity of runoff
associated with operation of the project. These features shall be included in the design‐
level drainage plan and final development drawings.
b) The proposed project shall incorporate site design measures and Low Impact
Development design standards, including minimizing disturbed areas and impervious
surfaces, infiltration, harvesting, evapotranspiration, and/or bio‐treatment of
stormwater runoff.
c) The Project applicant shall establish an Operation and Maintenance Plan. This plan
shall specify a regular inspection schedule of stormwater treatment facilities in
accordance with the requirements of the Phase II Small MS4 Permit.
d) Funding for long‐term maintenance of all BMPs shall be specified.
Tribal Cultural Resources
38. 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 State and City policies and procedures
prescribed under PRC Section 21074.
Community Development Department—Planning Division
39. Final landscape and irrigation plans for the Project shall comply with the provisions of
Marin Municipal Water District’s (MMWD) most recent water conservation ordinance.
Construction plans submitted for issuance of building/grading permit shall be pre-approved
by MMWD and stamped as approved by MMWD or include a letter from MMWD
approving the final landscape and irrigation plans. Modifications to the final landscape and
irrigation plans, as required by MMWD, shall be subject to review and approval of the
Community Development Department, Planning Division.
40. Prior to issuance of building permits, the applicant shall consult with Planning Division
staff on a revised landscaping plan that minimizes the loss of mature oak trees in the South
Park portion of the project. This may be accomplished by changing the design of the
pedestrian paths, the bridge, and/or any recreational features proposed to be installed. The
revised plan shall show locations of oak trees to be retained and those to be removed
including their diameter at breast height. The revised plan shall also include the use of
native vegetation. The final plan shall be subject to the review and approval of the Planning
Division.
41. Prior to the issuance of building permits, the applicant shall submit a Lake or Streambed
(LSA) Notification to the California Department of Fish and Wildlife (CDFW) pursuant to
Fish and Game Code section 1602 for Project activities that may substantially alter the bed,
bank, or channel of the ephemeral stream, including installation of a new bridge. If CDFW
determines that an LSA Agreement is warranted, the project shall comply with all required
measures in the LSA Agreement, including but not limited to requirements for ephemeral
stream and riparian habitat impacts
42. Landscaping along driveways shall be regularly trimmed to clear vegetation below a height
of seven feet to ensure that adequate sight lines will be maintained.
43. Prior to the issuance of building permits, a sign program shall be submitted for the project
for review by the Design Review Board and Planning Commission.
44. Prior to the issuance of building permits, the plans shall be revised to address the following
comments from the Design Review Board:
a) Mitigate the appearance of building height with darker color palette consistent with
Hillside Design Guidelines and horizontal elements to break up visual appearance of
massing.
b) Trees should be not planted in a uniform row but clustered with more natural spacing
to the extent practicable for available planting area.
c) Mitigate impacts of the 10’ – 16’ tall retaining walls with step backs or other methods
such as texture/colors/materials/or vegetation.
The revised plans shall be returned to the Design Review Board for a final review.
45. The following standard construction best management practices shall be implemented to
reduce construction noise levels at sensitive receptors in the site vicinity:
a) Construct temporary noise barriers, where feasible, to screen stationary noise-
generating equipment or construction occurring in close proximity to adjacent land
uses. Temporary noise barrier fences would provide a 5 dBA noise reduction if the
noise barrier interrupts the line-of-sight between the noise source and receiver and if
the barrier is constructed in a manner that eliminates any cracks or gaps.
b) Equip all internal combustion engine-driven equipment with intake and exhaust
mufflers that are in good condition and appropriate for the equipment.
c) Unnecessary idling of internal combustion engines should be strictly prohibited.
d) Locate stationary noise-generating equipment, such as air compressors or portable
power generators, as far as possible from sensitive receptors as feasible. If they must
be located near receptors, adequate muffling (with enclosures where feasible and
appropriate) shall be used reduce noise levels at the adjacent sensitive receptors. Any
enclosure openings or venting shall face away from sensitive receptors.
e) Construction staging areas shall be established at locations that will create the greatest
distance between the construction-related noise sources and noise-sensitive receptors
nearest the project site during all project construction.
f) Control noise from construction workers’ radios to a point where they are not audible
at properties bordering the project site.
g) The contractor shall prepare a detailed construction plan identifying the schedule for
major noise-generating construction activities. The construction plan shall identify a
procedure for coordination with adjacent land uses so that construction activities can
be scheduled to minimize noise disturbance.
h) Designate a "disturbance coordinator" who would be responsible for responding to any
complaints about construction noise. The disturbance coordinator will determine the
cause of the noise complaint (e.g., bad muffler, etc.) and will require that reasonable
measures be implemented to correct the problem. Conspicuously post a telephone
number for the disturbance coordinator at the construction site and include in it the
notice sent to neighbors regarding the construction schedule.
46. The applicant shall contact the Planning Division to request a final inspection, prior to the
issuance of the final building permit. ‘The final inspection shall require a minimum of 48-
hours advance notice. All landscaping and irrigation shall be installed prior to the
occupancy of the building or the property owner shall post a bond in the amount of the
estimated landscaping/ irrigation cost with the City of San Rafael. In the event that a bond
is posted, all areas proposed for landscaping must be covered with bark or a substitute
material approved by the Planning Division prior to occupancy. The landscape architect
shall certify in writing and submit to the Planning Division, and call for inspection, that the
landscaping has been installed in accordance with all aspects of the approved landscape
plans, that the irrigation has been installed and been tested for timing and function, and all
plants including street trees are healthy. Any dying or dead landscaping shall be replaced.
47. All exterior lighting shall be shielded down. Following the issuance of a certificate of
occupancy, all exterior lighting shall be subject to a 90-day lighting level review by the
Police Department and Planning Division to ensure compatibility with the surrounding
area.
Building Division
48. The design and construction shall comply with the latest code year at time of building
permit application for the California Building Code (CBC), California Plumbing Code
(CPC), California Electrical Code (CEC), California Mechanical Code CCMC), California
Fire Code (CFC), California Energy Code, California Green Building Standards Code and
City of San Rafael Ordinances and Amendments.
49. A building permit is required for the proposed work. Applications shall be accompanied
by complete sets of construction drawings to include:
a) Architectural plans
b) Structural plans
c) Electrical plans
d) Plumbing plans
e) Mechanical plans
f) Site/civil plans (clearly identifying grade plane and height of the building)
g) Structural Calculations
h) Truss Calculations
i) Soils reports
j) Green Building documentation
k) Title-24 energy documentation
50. The occupancy classification, construction type and square footage of each building shall
be specified on the plans. In mixed occupancies, each portion of the building shall be
individually classified.
51. The occupancy classification, construction type and square footage of each building shall
be specified on the plans in addition to justification calculations for the allowable area of
each building. Site/civil plans prepared by a California licensed surveyor or engineer
clearly showing topography, identifying grade plane and height of the building.
52. This building contains several different occupancy types. Individual occupancies are
categorized with different levels of hazard and may need to be separated from other
occupancy types for safety reasons. Under mixed-occupancy conditions the project
architect has available several design methodologies (accessory occupancies, nonseparated
occupancies, and separated occupancies) to address the mixed-occupancy concerns.
53. Building height and story must comply with CBC Section 504. On the plan justify the
proposed building area and height.
54. Building areas are limited by CBC Table 506.2. On plan justify the proposed building area.
55. The maximum area of unprotected and protected openings permitted in the exterior wall in
any story of a building shall not exceed the percentages specified in CBC Table 705.8
“Maximum Area of Exterior Wall Openings Based on Fire Separation Distance and Degree
of Opening Protection.” To calculate the maximum area of exterior wall openings you must
provide the building setback distance from the property lines and then justify the
percentage of proposed wall openings and include whether the opening is unprotected or
protected.
56. Townhouses more than three stories above grade in height must comply with the CBC.
CBC Table 705.8 allows:
a) 15% exterior wall openings (in any story) in sprinklered buildings where the openings
are 3’ to less than 5’ from the property line or buildings on the same property.
b) 25% exterior wall openings (in any story) in sprinklered buildings where the openings
are 5’ to less than 10’ from the property line or buildings on the same property.
c) 45% exterior wall openings (in any story) in sprinklered buildings where the openings
are 10’ to less than 15’ from the property line or buildings on the same property.
57. Walls separating the purposed occupancies are required to be a minimum of 1-hour
construction. You may provide justification per CBC 508 that the mixed occupancy types
do not need to be separated by fire resistive construction because they comply with CBC
508.2 Accessory Occupancies or CBC 508.3 Nonseparated Occupancies.
58. Buildings located 4 or more stories above grade plane, one stairwell must extend to the
roof, unless the roof slope exceeds an angle of 4 vertical to 12 horizontal CBC 1011.12.
59. Each building must have address identification placed in a position that is plainly legible
and visible from the street or road fronting the property. Numbers painted on the curb do
not satisfy this requirement. In new construction and substantial remodels, the address must
be internally or externally illuminated and remain illuminated at all hours of darkness.
Numbers must be a minimum 4 inches in height with ½ inch stroke for residential
occupancies and a minimum 6 inches in height with ½ inch stroke for commercial
applications. The address must be contrasting in color to their background SMC 12.12.20.
60. If proposed fencing exceeds 6' in height, a building permit is required.
61. Bollards must be placed in the garage to protect mechanical equipment, water heater, and
washer dryer from vehicular damage when located in the path of a vehicle.
62. School fees will be required for the project. Calculations are done by the San Rafael City
Schools, and those fees are paid directly to them prior to issuance of the building permit.
63. If on-site streets are privately owned, certain on-site improvements such as retaining walls,
street light standards, and private sewer system will require plan review and permits from
the Building Division.
64. Regarding any grading or site remediation, soils export, import and placement; provide a
detailed soils report prepared by a qualified engineer to address these procedures. The
report should address the import and placement and compaction of soils at future building
pad locations and should be based on an assumed foundation design. This information
should be provided to Building Division and Department of Public Works for review and
comments prior to any such activities taking place.
A grading permit may be required for the above-mentioned work.
65. Prior to building permit issuance for the construction of each building, geotechnical and
civil pad certifications are to be submitted. 19. Property lines shown through proposed
buildings must be eliminated by consolidation or buildings must be relocated, redesigned
to fall within property line boundaries.
66. Based on the distance to the property line (and/or adjacent buildings on the same parcel),
the building elements shall have a fire resistive rating not less than that specified in CBC
Table 601 and exterior walls shall have a fire resistive rating not less than that specified in
CBC Table 602.
67. Cornices, eaves overhangs, exterior balconies and similar projections extending beyond
the floor area shall conform to the requirements of CBC 705.2. Projections shall not extend
beyond the distance determined by the following two methods, whichever results in the
lesser projection:
a) A point one-third the distance from the exterior face of the wall to the lot line where
protected openings or a combination of protected openings and unprotected openings
are required in the exterior wall.
b) A point one-half the distance from the exterior face of the wall to the lot line where all
openings in the exterior wall are permitted to be unprotected or the building is equipped
throughout with an automatic sprinkler system.
c) More than 12 inches into areas where openings are prohibited.
68. Ventilation area required, the minimum openable area to the outdoors is 4 percent of the
floor area being ventilated CBC 1203.5.1 or mechanical ventilation in accordance with the
California Mechanical Code.
69. Natural light, the minimum net glazed area shall not be less than 8 percent of the floor area
of the room served CBC 1205.2 or shall provide artificial light in accordance with CBC
1205.3.
70. Walls separating purposed tenant space from existing neighboring tenant spaces must be a
minimum of 1-hour construction.
71. All site signage as well as wall signs require a separate permit and application (excluding
address numbering).
72. You must apply for a new address for this building from the Building Division.
73. Monument sign(s) located at the driveway entrance(s) shall have address numbers posted
prominently on the monument sign.
74. In the parking garage, mechanical ventilation will be required capable of exhausting a
minimum of .75 cubic feet per minute per square foot of gross floor area CMC Table 4-4.
75. In the parking structure, in areas where motor vehicles are stored, floor surfaces shall be of
noncombustible, nonabsorbent materials. Floors shall drain to an approved oil separator or
trap discharging to sewers in accordance with the Plumbing Code and SWIPP.
76. Each building shall be provided with sanitary facilities per CPC Sec 412 and Table 4-1
(including provisions for persons with disabilities). Separate facilities shall be required for
each sex.
77. In accordance with California Plumbing Code section 422.2, separate toilet facilities shall
be provided for each sex. Except: 1) residential installations. 2) In occupancies with a total
occupant load of 10 or less, including customers and employees, one toilet facility designed
for use by no more than one person at a time, shall be permitted for use by both sexes. 3)
In business and mercantile occupancies with a total occupant load of 50 or less, including
customers and employees, one toilet facility designed for use by no more than one person
at a time, shall be permitted for use by both sexes.
78. Facilities in mercantile and business occupancies, toilet facility requirements for customers
and employees shall be permitted to be met with a single set of restrooms accessible to
both groups. The required number of fixtures shall be the greater of the required number
for employees or the required number for customers. Fixtures for customer use shall be
permitted to be met by providing a centrally located toilet facility within a distance not to
exceed 500 feet. In stores with a floor area of 1,500 square feet or less the requirement to
provide facilities for employees shall be permitted to be met by providing a centrally
located toilet facility within distance not to exceed 300 feet.
79. Minimum elevator car size (interior dimension) 60” wide by 30” deep with an entrance
opening of at least 60” or a car size of 42” wide by 48” deep with an entrance opening of
36” or a car size of 60” wide by 36” deep with an entrance opening of at least 36”.
80. All buildings with one or more elevators shall be provided with not less than one medical
emergency service elevator. The medical emergency service elevator shall accommodate
the loading and transport of an ambulance gurney or stretcher. The elevator car size shall
have a minimum clear distance between walls and door excluding return panels not less
than 80 inches by 54 inches and a minimum distance from wall to return panel not less than
51 inches with a 42-inch side slide door.
81. Adequate utility easements must be provided for all services to include water, sanitary
sewer, storm drain piping, as well as gas, electric and telephone.
82. The proposed facility shall be designed to provide access to the physically disabled. For
existing buildings and facilities when alterations, structural repairs or additions are made,
accessibility improvements for persons with disabilities shall be required unless CASP
report states compliant.
83. Improvements shall be made, but are not limited to, the following accessible features:
a) Path of travel from public transportation point of arrival
b) Routes of travel between buildings
c) Accessible parking
d) Ramps
e) Primary entrances
f) Sanitary facilities (restrooms)
g) Drinking fountains & Public telephones (when provided)
h) Accessible features per specific occupancy requirements
i) Accessible special features, i.e., ATM's point of sale machines, etc.
84. The site development of items such as common sidewalks, parking areas, stairs, ramps,
common facilities, etc. are subject to compliance with the accessibility. Pedestrian access
provisions should provide a minimum 48" wide unobstructed paved surface to and along
all accessible routes. Items such as signs, meter pedestals, light standards, trash receptacles,
etc., shall not encroach on this 4' minimum width. Also, note that sidewalk slopes and side
slopes shall not exceed published minimums. The civil, grading and landscape plans shall
address these requirements to the extent possible.
85. The parking garage ceiling height shall have a minimum vertical clearance of 8’ 2” where
required for accessible parking.
86. Multistory apartment or condominium on the ground floor in buildings with no elevator at
least 10 percent but no less than one of the multistory dwellings in apartment buildings
with three or more and condos with four or more dwellings shall comply with the
following:
a) The primary entry to the dwelling unit shall be on an accessible route unless exempted
by site impracticality tests in CBC Section 1150A.
b) At least one powder room or bathroom shall be located on the primary entry level,
served by an accessible route.
c) All rooms or spaces located on the primary entry level shall be served by an accessible
route. Rooms and spaces located on the primary entry level and subject to this chapter
may include but are not limited to kitchens, powder rooms, bathrooms, living rooms,
bedrooms or hallways.
87. Multifamily dwelling and apartment accessible parking spaces shall be provided at a
minimum rate of 2 percent of the covered multifamily dwelling units. At least one space
of each type of parking facility shall be made accessible even if the total number exceeds
2 percent.
88. When parking is provided for multifamily dwellings and is not assigned to a resident or a
group of residents, at least 5 percent of the parking spaces shall be accessible and provide
access to grade-level entrances of multi-family dwellings and facilities (e.g. swimming
pools, club houses, recreation areas and laundry rooms) that serve the dwellings.
Accessible parking spaces shall be located on the shortest accessible route to an accessible
building, or dwelling unit entrance.
89. Public accommodation disabled parking spaces must be provided according to the
following table and must be uniformly distributed throughout the site.
Total Number of Parking
Spaces Provided
Minimum Required Number of
H/C Spaces
1 to 25 1
26 to 50 2
51 to 75 3
76 to 100 4
101 to 150 5
151 to 200 6
201 to 300 7
301 to 400 8
401 to 500 9
501 to 1,000 Two percent of total
1,001 and over Twenty, plus one for each 100 or
fraction thereof over 1,001
90. At least one disabled parking space must be van accessible; 9-foot wide parking space and
8-foot wide off- load area. Additionally, one in every eight required handicap spaces must
be van accessible.
91. All new construction, additions or remodels must comply with the Wood-Burning
Appliance Ordinance. New wood burning fireplaces and non-EPA certified wood stoves
are prohibited. Non-EPA Phase II-certified wood stoves must be removed in remodels and
additions which exceed 50% of the existing floor area and include the room the stove is
located in.
92. This new building is in a Wildland-Urban Interface Area. The building materials, systems
and/or assemblies used in the exterior design and construction must comply with CBC
Chapter 7A.
93. This new building is in a Wildland-Urban Interface Area. Buildings shall have all under
floor areas enclosed to the grade with exterior walls in accordance with CBC section
704A.3. Exception: The complete enclosure of under floor areas may be omitted where the
underside of all exposed floors, exposed structural columns, beams and supporting walls
are protected as required with exterior ignition-resistant material construction or be heavy
timber.
94. The project includes a new deck in a Wildland-Urban Interface Area. Where any portion
of the new deck, stair, landing, porch, or balconies, is within 10 feet of the primary
structure, compliance with one of the following methods is required:
a) Decking surface - shall be constructed of ignition-resistant material.
b) Decking surface - shall be constructed with heavy timber, exterior fire-retardant-treated
wood or approved non-combustible materials.
c) Decking surface - shall pass the performance requirements of SFM 12-7A-4, Part A,
12-7A-4.7.5.1 only with a net heat release rate of 25kW/sq-ft for a 40-minute
observation period and:
i. Decking surface material shall pass the accelerated weathering test and be
identified as exterior type.
ii. The exterior wall covering to which it the deck is attached and within 10 feet of
the deck shall be constructed of approved noncombustible or ignition resistant
material. Exception: Walls are not required to comply with this subsection if
the decking surface material conforms to ASTM E-84 Class B flame spread.
95. This new building/deck is in a Wildland-Urban Interface Area. The underside of
cantilevered and overhanging appendages and floor projections shall maintain the ignition-
resistant integrity of exterior walls (CBC 7A.3), or the projection shall be enclosed to the
grade.
96. Pools must be protected by a barrier that restricts access from adjacent properties and the
street and an enclosure that isolates the pool from access to the home. Details of the barrier
and enclosure must be included on the plan.
97. In-ground grease separator(s) will be required outside the building perimeter to handle
wastewater from the restaurants and food court area.
98. Review and approval by the Marin County Health Department may be required prior to
submittal for building permit plan review.
Department of Public Works
99. A design-level geotechnical report shall be submitted for review prior to issuance of a
building or grading permit. Supplemental subsurface exploration and site
inspection/mapping shall be performed as appropriate. The project geotechnical engineer
shall review the grading and building permit construction documents and provide plan
review letter(s) prior to issuance of a building or grading permit. (Mitigation Measure
GEO-1, GEO-2, and GEO-4)
100. A design-level drainage system shall be prepared and submitted to DPW for review prior
to issuance of a building permit. The drainage system shall be developed in consideration
with the findings of the geotechnical report. (Mitigation Measure GEO-3)
101. Frontage Improvements on or near the Los Gamos Drive Right-Of-Way (ROW) shall
include the following:
a) Pavement restoration per a final paving plan reviewed and approved by the DPW. The
final limit of paving scope will be determined at the end of the project based on actual
site conditions.
Please note, paving shall be kept in good repair at all times during site improvements
and construction to the satisfaction of the DPW. Interim repaving during construction
may be requested by the DPW.
b) Access to the development should meet ADA requirements.
102. Prior to issuance of a building permit, provide a maneuvering exhibit with the appropriate
fire apparatus and emergency vehicles using Autoturn or equivalent to demonstrate access
to the satisfaction of the Fire Prevention Bureau.
103. Provide a sight distance exhibit demonstrating vehicles entering and exiting the main
entrance to the development have adequate visibility.
104. A stop sign controlling outbound traffic from the site shall be installed near the bottom of
the entrance ramp, with final location to the satisfaction of the DPW.
105. Prior to issuance of a building permit, a final striping and signage plan for the development
shall be submitted to DPW for review.
106. A grading permit is required from DPW prior to commencement of grading and
construction work.
107. A construction management plan shall be provided for review and approval by the City
prior to issuance of building permit or grading permit.
a) All materials and equipment shall be staged on-site, unless otherwise approved.
b) The construction management plan shall include the traffic control plan to address on-
site and off-site construction traffic.
c) A screened security fence approved by the City shall be placed and maintained around
the perimeter of the project and removed immediately following construction work.
d) Proposed construction phasing and approximate timeline.
e) Mass grading shall occur between April 15 through October 15, unless otherwise
approved in writing by the DPW.
f) Encroachment into creek setbacks during construction shall not be permitted without
prior approval from DPW and any other agency having jurisdiction.
108. The project proposes 71,000 cubic yards (cy) of cut, 17,000 cy of fill, and 54,000 cy of
export. Truck routes and staging shall be reviewed and approved by the City prior to
issuance of grading permit.
109. A copy of the SWPPP and WDID number shall be submitted to DPW prior to issuance of
a grading permit.
110. This project includes more than 5,000 square feet of total impervious area replacement and
creation and therefore is considered a regulated project. The following documents are
required to be provided in accordance with Marin County Stormwater Pollution Prevention
Program (MCSTOPPP) and the Bay Area Stormwater Management Agencies Association
(BASMAA) requirements:
a) Stormwater Control Plan.
A written document to accompany the plan set used primarily for municipal review to
verify compliance with stormwater treatment requirements. (Needed to obtain a
grading or building permit.)
b) Stormwater Facilities Operations and Maintenance (O&M) plan.
A written document and exhibit outlining facilities on-site and maintenance activities
and responsibilities for property owners. (Provide prior to occupancy)
c) Operations and Maintenance Agreement.
A formal agreement between the property owner and the city that shall be recorded
with the property deed. (Provide prior to occupancy)
111. All public streets and sidewalks that are impacted by the grading and construction operation
for the project shall be kept clean and free of debris at all times.
112. The building manager of the office at 1401 Los Gamos Drive shall be notified at least 24
hours in advance of any partial closure of Los Gamos Drive during construction.
113. Prior to commencing work within the right-of-way, the applicant shall obtain an
encroachment permit from the City of San Rafael Department of Public Works.
114. The proposed Entry Drive and Loop Drive roadways will be “private streets” per San
Rafael Municipal Code (SRMC) Chapter 15.06.
115. Prior to the issuance of a building permit, the applicant shall pay a traffic mitigation fee for
net new AM and PM trips. The current rate is $4,246 per trip. The traffic impact fee is
calculated as $764,280 ($4,246 x 180) for the 78 net new peak AM and 102 net new peak
PM trips (total of 180 net new peak-hour trips). This is based on the latest Addendum to
the Traffic Impact Study by W-Trans dated October 7, 2021.
116. A construction vehicle impact fee shall be required at the time of building permit issuance,
which is calculated at 1% of the valuation, with the first $10,000 of valuation exempt.
Fire Department
117. The design and construction of all site alterations shall comply with the 2019 California
Fire Code, current NFPA Standards, and all applicable City of San Rafael Ordinances and
Amendments.
118. Deferred Submittals for the following fire protection systems shall be submitted to the Fire
Prevention Bureau for approval and permitting prior to installation of the systems:
a) Fire Sprinkler plans (Deferred Submittal to the Fire Prevention Bureau).
b) Fire Standpipe plans (Deferred Submittal to the Fire Prevention Bureau) if applicable.
c) Fire Underground plans (Deferred Submittal to the Fire Prevention Bureau) if
applicable.
d) Fire Alarm plans (Deferred Submittal to the Fire Prevention Bureau).
119. The fire apparatus access roadway must conform to all provisions in CFC Section 503 and
Appendix D. A Fire Apparatus and Operations Plan shall be prepared for this project and
shall show the following:
a) Designated fire apparatus access roads and fire lanes including red curbing, FIRE
LANE stenciling and signage that is approved by the San Rafael Parking Services
Division.
b) Fire Department aerial access provisions.
c) Fire hydrant locations and appliance type (Clow model 960).
d) Fire Department Connections (FDC).
e) Double detector check valve locations.
f) Premises identification. Illuminated address numbers, dimensions and location.
g) Recessed Knox Box locations
h) Fire Alarm annunciator panel locations.
i) Fire extinguisher locations. Note type and cabinet height.
j) Marked utility shut off locations.
k) NFPA 704 placards.
l) Provide a note on the plan, as follows: The designated fire apparatus access roads and
fire hydrants shall be installed and approved by the Fire Prevention Bureau prior
construction of the building.
The approved plan to be part of final plan set. Additional fire department access provisions
are provided below.
120. A Knox Box is required at the primary point of first response to the building in order to
access utility rooms, rec or meeting rooms and other secured spaces. A recessed mounted
Knox Box # 3200 Series is required for new buildings; surface mount for all others. the
Knox Box shall be clearly visible upon approach to the main entrance from the fire lane.
Note the Knox Box must be installed from 72” to 78” above finish grade; show the location
on the plans. https://www.knoxbox.com/commercial-knoxboxes/.
121. A Knox key switch is required for driveway or access road automatic gates.
https://www.knoxbox.com/gate-keys-and-padlocks/ (if applicable).
122. On site fire hydrants will be required. Residential model: Clow 950. Commercial Model:
Clow 960. The Prevention Bureau will identify the locations.
a) When a building is fully sprinklered all portions of the exterior building perimeter must
be located within 250-feet of an approved fire apparatus access road.
b) The minimum width of the fire apparatus access road is 20-feet.
c) The minimum inside turning radius for a fire apparatus access road is 28 feet.
d) The fire apparatus access road serving this building is more than 150-feet in length;
provide an approved turn-around. Contact the Fire Prevention Bureau for specific
details.
123. If a building is over 30 feet in height, an aerial fire apparatus access roadway is required
parallel to one entire side of the building.
a) The Aerial apparatus access roadway shall be located within a minimum 15 feet and a
maximum of 30 feet from the building.
b) The minimum unobstructed width for an aerial fire apparatus access road is 26-feet.
c) Overhead utility and power lines shall not be located within the aerial fire apparatus
access roadway, or between the roadway and the building.
124. Fire lanes must be designated; painted red with contrasting white lettering stating, “No
Parking Fire Lane” A sign shall be posted in accordance with the CFC Section 503.3 and
to the satisfaction and approval of the San Rafael Parking Services Division.
125. Hazardous Materials Placards shall be installed in accordance with NFPA 704 (if
applicable).
126. Provide address numbers plainly visible from the street or road fronting the property.
Numbers painted on the curb do not qualify as meeting this requirement. Numbers shall
contrast with the background and shall be Arabic numbers or letters. Numbers shall be
internally or externally illuminated in all new construction or substantial remodels. Number
sizes are as follows: For residential – 4” tall with ½” stroke. For commercial – 6” tall with
½” stroke. Larger sizes might be required by the fire code official or in multiple locations
for buildings served by two or more roads.
127. This property is in a Wildland-Urban Interface (WUI) area. Provide a written Vegetation
Management Plan (VMP) submitted to the San Rafael Fire Department. This VMP must
be completed and verified prior to final approval. Refer to City of San Rafael
Ordinance1856 that may be viewed at https://www.cityofsanrafael.org/vmp-san-rafael-fd/
or you may contact the Fire Department at (415) 485-3304 to schedule a time to meet with
a vegetation management inspector. Requirement of continued compliance with the
approved VMP must be placed within CC&R’s. The approved VMP must be added to the
final approved plan set.
Contact the Marin Municipal Water District (MMWD) to make arrangements for the water
supply serving the fire protection system.
Las Gallinas Valley Sanitary District
128. Trash Enclosures – Install permanent roofing and drainage system to prevent runoff from
entering the sanitary sewer collection system.
129. Sheet C5 – The plans show a 6” SS lateral on paved surface identified as an easement for
vehicle access, sewer service, and other public utilities in the Vesting Tentative Parcel
Map. See District Ordinance Title 2, Chapter 1, Article VI for detailed requirements if this
is a public sewer extension request.
130. The Utility Plan is preliminary and lacks detailed sanitary sewer information such as
manhole depths, pipe slopes, plan and profile, etc. Submit complete design/construction
plan set for review when available.
131. Submit design/construction plans to LGVSD for review when available. Plans must show
including but not limited to the following: a table showing existing and proposed plumbing
fixture count, existing and proposed floor plans showing location of plumbing fixtures,
location of backwater prevention devices, sanitary sewer, cleanouts, manholes, and other
relevant sanitary sewer details or information that may be applicable. Sanitary sewer design
must comply with LGVSD standard specifications.
132. Private sewer main located in the Loop Drive shall be 8” HDPE SDR 17. The proposed 6”
SS is not acceptable. The sewer lateral from each building shall not be less than 6”.
133. Replace tie-in manhole with new manhole per District standard details.
134. Upsize all existing 6” SS downstream of MH N032.23 to a minimum 8” or as determined
by the capacity analysis.
135. Use LGVSD Standard Details for sanitary facilities such as manholes, manhole connection,
sewer laterals, cleanout, trench backfill, etc., as applicable. Do not use Marin County
Sanitary Districts Standard Details for LGVSD sanitary sewer.
136. For sewer mains outside of the proposed street right-of-way, if any, the sanitary sewer
easement must be at least 10-ft wide and shall have no permanent structures within the
easement area. Applicant shall provide adequate vehicle access to all sanitary manholes on
the sewer main for District maintenance activities. At the minimum, the area needs to be
paved and accessible with a 39-foot long truck. The vehicle path shall provide adequate
safety and access to District maintenance vehicles. Use design criteria per typical private
road standards, such as minimum roadway width, max grade, max cross slope, with proper
turnaround/hammerhead when appropriate, etc.
137. Sewer Flow Calculations
a) The sanitary sewer system for the proposed 192 multifamily residential units,
neighborhood market, and community center connects into the existing 6” SS at MH
N032.23, which discharges into Northgate Industrial Park Pump Station. All sewer
flow calculations and capacity analysis shall be performed by a registered Professional
Engineer.
i. Perform capacity analysis of the Northgate Industrial Park Pump Station and
force main.
ii. Northgate Industrial Park discharges into a Smith Ranch Pump Station.
iii. The development would likely require an upgrade of both pump stations and
force mains.
b) District Preference: As an alternate, the 6” private sewer may be connected to MH
T021.05, which discharges into John Duckett Pump Station. This pump station has a
higher pumping and force main capacity than Northgate Industrial Park Pump Station.
i. This requires capacity analysis for downstream sanitary sewer from MH
T021.05 to John Duckett Pump Station.
ii. There exist potential capacity limitations downstream MH T021.05.
1. See Exhibit A attached to comments dated 9/3/2021. Basin map K10, trunk
sewer segment MH T000.11 to T000.00 (purple cloud, blue pipes) of the
Terra Linda Trunk Sewer likely to be impacted by this alternative. The pipe
segment with known capacity deficiency is MH T000.11 to T000.09 (red
cloud).
2. See Exhibit B attached to comments dated 9/3/2021. Page B-1 of the Sewer
System Management Plan (SSMP) Capacity Assessment for the
corresponding capacity analysis of the sanitary sewers potentially impacted
by this alternative. As shown on page B-1, the capacity deficiency is about
0.45 MGD.
a. Applicant shall perform a hydraulic grade line analysis to determine if
the existing sewer system can accommodate the additional flow from
the proposed development.
b. Based on the manhole rim and invert elevations shown, Applicant shall
demonstrate that the proposed project will not cause sanitary sewer
overflows along the trunk sewer (purple cloud, blue pipes), more
particularly along the segment with known capacity deficiency. Assume
a minimum manhole freeboard of 18” in the analysis.
3. If deemed necessary, flow monitoring may be required in order to perform
a more detailed hydraulic modeling.
4. A full version of the SSMP is available in the following link:
https://www.dropbox.com/s/au0g8x23l8unlgh/SSMP%20Capacity%20A
ssessment%20by%20Nute%202008.pdf?dl=0 .
5. In addition, Applicant shall perform similar analysis for sewer pipe segment
T021.05 to MH T000.11. Applicant shall field verify rodding inlet and
manhole depths and pipe diameters in order to perform the analysis. At a
minimum, the existing 6” SS from T021.05 to MH T000.11 downstream of
the tie-in point shall be upsized to 8” HDPE SDR 17. All rodding inlets shall
be replaced with manholes.
6. This requires capacity analysis of the John Duckett Pump Station and force
main.
c) Applicant shall be responsible for any capacity upgrades of existing sanitary sewer
facilities that may be required for this project.
d) In lieu of the Applicant providing the hydraulic analysis outlined in Items 2a and 2b
above, the Applicant may request the District to hire a third-party consultant perform
the analysis at the Applicant’s expense.
138. Applicant shall be responsible for the preparation of the following documents for review
and approval by the District:
a) Final sewer plans and specifications related to the Project.
b) Flow calculations. Flow monitoring may also be required if deemed necessary.
c) Hydraulic modeling and analysis of impacted sanitary sewer facilities.
d) New sewer easements.
e) Other documents deemed necessary by the District during the plan review process.
139. Article IX, Section 921 of the District Ordinance requires that all costs and expenses
incident to the installation and connection of any sewer or other work for which a Permit
has been issued shall be borne by the Applicant.
140. Article VII of the District Ordinance requires all sewer work to be inspected by the District.
The District will hire a third-party inspector for this project. The Applicant shall coordinate
inspection with the District inspector prior to installation of any sewer facilities and
reimburse the District all inspection costs.
141. The Las Gallinas Valley Sanitary District discourages individual sewer pumps. The District
will require a recordable non-responsibility covenant should a pump be required.
142. The District strongly discourages the construction of “back yard sewers” because of the
difficulties in maintenance. Every effort should be made to construct sewers in public or
private streets. Every manhole must be accessible via an unobstructed ten (10) foot wide
easement from the nearest paved public roadway and subject to District review and
approval.
143. The use of recycled water and dual plumbing where appropriate are strongly encouraged.
144. The District is not incurring any liability of any nature, including but not limited to
mandate, damages, or injunctive relief. The District is making no representation to the
Applicant nor waiving any rights it has under any applicable State or Federal law. In the
event there is any court-imposed moratorium on the District, a connection to the District
collection system may not occur. In the event any government agency imposes a
moratorium on the District, a connection to the District system may not occur.
145. Applicant shall reimburse the District for all plan review, field verification before and after
construction, and inspection fees accrued associated with this project.
146. These are preliminary comments on PROJECT REFERRAL / TRANSMITTAL /
SUBMITTAL RECEIVED ON 8/10/2021. Final approval in the form of a Will Serve
Letter will not be granted until the District Board acts favorably on your Application of
Allocation.
147. Note: Based on Miscellaneous Fee Schedule effective on July 1, 2021 preliminary cost
estimates are:
a) For new buildings, structures, and developments:
i. $6,666 per Equivalent Sewer Unit;
ii. Actual fees will be adjusted according to specific conditions and ENR
adjustments outlined in the Ordinance.
b) For existing buildings, structures, and developments:
i. $333 per Plumbing Fixture Unit (PFU);
ii. Credit may be given to existing plumbing fixtures;
iii. Actual fees will be adjusted according to specific conditions and ENR
adjustments outlined in the Ordinance.
c) Connection fee will be assessed based on the Capital Facilities Charge per Equivalent
Sewer Unit at the time of Will Serve Letter issuance.
148. Applicant must complete and submit Application for Allocation of Capacity to LGVSD
along with application fee of $500. Application is available at http://www.lgvsd.org/wp-
content/uploads/APPL-ALLOCATION-fillable.pdf. (Not applicable if Applicant has
already submitted an application.)
149. Applicant is required to obtain a sewer permit from LGVSD for any sewer lateral work.
The permit application is available at http://www.lgvsd.org/wp-content/uploads/NEW-
LATERAL-PERMIT-FORM-2018-updatedFillable.pdf. Submit the permit application to
the District office and call 24 hours in advance of backfill for lateral inspections.
150. For more information about District Ordinance and permitting process, please visit
http://www.lgvsd.org/. District Standard Details/Specifications are available upon request.
151. Applicant shall submit plans electronically to LGVSD for review.
Marin Water
152. The applicant must enter a pipeline extension agreement for the installation of pipeline to
serve the project.
Pacific Gas & Electric—Gas Facilities
153. An engineering deposit may be required to review plans for a project depending on the
size, scope, and location of the project and as it relates to any rearrangement or new
installation of PG&E facilities.
154. Any proposed uses within the PG&E fee strip and/or easement, may include a California
Public Utility Commission (CPUC) Section 851 filing. This requires the CPUC to render
approval for a conveyance of rights for specific uses on PG&E’s fee strip or easement.
PG&E will advise if the necessity to incorporate a CPUC Section 851 filing is required.
155. There could be gas transmission pipelines in this area which would be considered critical
facilities for PG&E and a high priority subsurface installation under California law. Care
must be taken to ensure safety and accessibility. So, please ensure that if PG&E approves
work near gas transmission pipelines it is done in adherence with the below stipulations.
Additionally, the following link provides additional information regarding legal
requirements under California excavation laws:
https://www.usanorth811.org/images/pdfs/CA-LAW-2018.pdf
156. Standby Inspection: A PG&E Gas Transmission Standby Inspector must be present during
any demolition or construction activity that comes within 10 feet of the gas pipeline. This
includes all grading, trenching, substructure depth verifications (potholes), asphalt or
concrete demolition/removal, removal of trees, signs, light poles, etc. This inspection can
be coordinated through the Underground Service Alert (USA) service at 811. A minimum
notice of 48 hours is required. Ensure the USA markings and notifications are maintained
throughout the duration of your work.
157. Access: At any time, PG&E may need to access, excavate, and perform work on the gas
pipeline. Any construction equipment, materials, or spoils may need to be removed upon
notice. Any temporary construction fencing installed within PG&E’s easement would also
need to be capable of being removed at any time upon notice. Any plans to cut temporary
slopes exceeding a 1:4 grade within 10 feet of a gas transmission pipeline need to be
approved by PG&E Pipeline Services in writing PRIOR to performing the work.
158. Wheel Loads: To prevent damage to the buried gas pipeline, there are weight limits that
must be enforced whenever any equipment gets within 10 feet of traversing the pipe.
Ensure a list of the axle weights of all equipment being used is available for PG&E’s
Standby Inspector. To confirm the depth of cover, the pipeline may need to be potholed by
hand in a few areas.
Due to the complex variability of tracked equipment, vibratory compaction equipment, and
cranes, PG&E must evaluate those items on a case-by-case basis prior to use over the gas
pipeline (provide a list of any proposed equipment of this type noting model numbers and
specific attachments).
No equipment may be set up over the gas pipeline while operating. Ensure crane outriggers
are at least 10 feet from the centerline of the gas pipeline. Transport trucks must not be
parked over the gas pipeline while being loaded or unloaded.
159. Grading: PG&E requires a minimum of 36 inches of cover over gas pipelines (or existing
grade if less) and a maximum of 7 feet of cover at all locations. The graded surface cannot
exceed a cross slope of 1:4.
160. Excavating: Any digging within 2 feet of a gas pipeline must be dug by hand. Note that
while the minimum clearance is only 12 inches, any excavation work within 24 inches of
the edge of a pipeline must be done with hand tools. So to avoid having to dig a trench
entirely with hand tools, the edge of the trench must be over 24 inches away. (Doing the
math for a 24 inch wide trench being dug along a 36 inch pipeline, the centerline of the
trench would need to be at least 54 inches [24/2 + 24 + 36/2 = 54] away, or be entirely dug
by hand.)
Water jetting to assist vacuum excavating must be limited to 1000 psig and directed at a
40° angle to the pipe. All pile driving must be kept a minimum of 3 feet away.
Any plans to expose and support a PG&E gas transmission pipeline across an open
excavation need to be approved by PG&E Pipeline Services in writing PRIOR to
performing the work.
161. Boring/Trenchless Installations: PG&E Pipeline Services must review and approve all
plans to bore across or parallel to (within 10 feet) a gas transmission pipeline. There are
stringent criteria to pothole the gas transmission facility at regular intervals for all parallel
bore installations.
For bore paths that cross gas transmission pipelines perpendicularly, the pipeline must be
potholed a minimum of 2 feet in the horizontal direction of the bore path and a minimum
of 12 inches in the vertical direction from the bottom of the pipe with minimum clearances
measured from the edge of the pipe in both directions. Standby personnel must watch the
locator trace (and every ream pass) the path of the bore as it approaches the pipeline and
visually monitor the pothole (with the exposed transmission pipe) as the bore traverses the
pipeline to ensure adequate clearance with the pipeline. The pothole width must account
for the inaccuracy of the locating equipment.
162. Substructures: All utility crossings of a gas pipeline should be made as close to
perpendicular as feasible (90° +/- 15°). All utility lines crossing the gas pipeline must have
a minimum of 12 inches of separation from the gas pipeline. Parallel utilities, pole bases,
water line ‘kicker blocks’, storm drain inlets, water meters, valves, back pressure devices
or other utility substructures are not allowed in the PG&E gas pipeline easement.
If previously retired PG&E facilities are in conflict with proposed substructures, PG&E
must verify they are safe prior to removal. This includes verification testing of the contents
of the facilities, as well as environmental testing of the coating and internal surfaces.
Timelines for PG&E completion of this verification will vary depending on the type and
location of facilities in conflict.
163. Structures: No structures are to be built within the PG&E gas pipeline easement. This
includes buildings, retaining walls, fences, decks, patios, carports, septic tanks, storage
sheds, tanks, loading ramps, or any structure that could limit PG&E’s ability to access its
facilities.
164. Fencing: Permanent fencing is not allowed within PG&E easements except for
perpendicular crossings which must include a 16 foot wide gate for vehicular access. Gates
will be secured with PG&E corporation locks.
165. Landscaping: Landscaping must be designed to allow PG&E to access the pipeline for
maintenance and not interfere with pipeline coatings or other cathodic protection systems.
No trees, shrubs, brush, vines, and other vegetation may be planted within the easement
area. Only those plants, ground covers, grasses, flowers, and low-growing plants that grow
unsupported to a maximum of four feet (4’) in height at maturity may be planted within the
easement area.
166. Cathodic Protection: PG&E pipelines are protected from corrosion with an “Impressed
Current” cathodic protection system. Any proposed facilities, such as metal conduit, pipes,
service lines, ground rods, anodes, wires, etc. that might affect the pipeline cathodic
protection system must be reviewed and approved by PG&E Corrosion Engineering.
167. Pipeline Marker Signs: PG&E needs to maintain pipeline marker signs for gas transmission
pipelines in order to ensure public awareness of the presence of the pipelines. With prior
written approval from PG&E Pipeline Services, an existing PG&E pipeline marker sign
that is in direct conflict with proposed developments may be temporarily relocated to
accommodate construction work. The pipeline marker must be moved back once
construction is complete.
168. PG&E is also the provider of distribution facilities throughout many of the areas within the
state of California. Therefore, any plans that impact PG&E’s facilities must be reviewed
and approved by PG&E to ensure that no impact occurs which may endanger the safe
operation of its facilities.
Pacific Gas & Electric—Electric Facilities
169. It is PG&E’s policy to permit certain uses on a case by case basis within its electric
transmission fee strip(s) and/or easement(s) provided such uses and manner in which they
are exercised, will not interfere with PG&E’s rights or endanger its facilities. Some
examples/restrictions are as follows:
a) Buildings and Other Structures: No buildings or other structures including the foot print
and eave of any buildings, swimming pools, wells or similar structures will be
permitted within fee strip(s) and/or easement(s) areas. PG&E’s transmission easement
shall be designated on subdivision/parcel maps as “RESTRICTED USE AREA – NO
BUILDING.”
b) Grading: Cuts, trenches or excavations may not be made within 25 feet of our towers.
Developers must submit grading plans and site development plans (including
geotechnical reports if applicable), signed and dated, for PG&E’s review. PG&E
engineers must review grade changes in the vicinity of our towers. No fills will be
allowed which would impair ground-to-conductor clearances. Towers shall not be left
on mounds without adequate road access to base of tower or structure.
c) Fences: Walls, fences, and other structures must be installed at locations that do not
affect the safe operation of PG&’s facilities. Heavy equipment access to our facilities
must be maintained at all times. Metal fences are to be grounded to PG&E
specifications. No wall, fence or other like structure is to be installed within 10 feet of
tower footings and unrestricted access must be maintained from a tower structure to the
nearest street. Walls, fences and other structures proposed along or within the fee
strip(s) and/or easement(s) will require PG&E review; submit plans to PG&E
Centralized Review Team for review and comment.
d) Landscaping: Vegetation may be allowed; subject to review of plans. On overhead
electric transmission fee strip(s) and/or easement(s), trees and shrubs are limited to
those varieties that do not exceed 15 feet in height at maturity. PG&E must have access
to its facilities at all times, including access by heavy equipment. No planting is to
occur within the footprint of the tower legs. Greenbelts are encouraged.
e) Reservoirs, Sumps, Drainage Basins, and Ponds: Prohibited within PG&E’s fee strip(s)
and/or easement(s) for electric transmission lines.
f) Automobile Parking: Short term parking of movable passenger vehicles and light trucks
(pickups, vans, etc.) is allowed. The lighting within these parking areas will need to be
reviewed by PG&E; approval will be on a case by case basis. Heavy equipment access
to PG&E facilities is to be maintained at all times. Parking is to clear PG&E structures
by at least 10 feet. Protection of PG&E facilities from vehicular traffic is to be provided
at developer’s expense AND to PG&E specifications. Blocked-up vehicles are not
allowed. Carports, canopies, or awnings are not allowed.
g) Storage of Flammable, Explosive or Corrosive Materials: There shall be no storage of
fuel or combustibles and no fueling of vehicles within PG&E’s easement. No trash bins
or incinerators are allowed.
h) Streets and Roads: Access to facilities must be maintained at all times. Street lights
may be allowed in the fee strip(s) and/or easement(s) but in all cases must be reviewed
by PG&E for proper clearance. Roads and utilities should cross the transmission
easement as nearly at right angles as possible. Road intersections will not be allowed
within the transmission easement.
i) Pipelines: Pipelines may be allowed provided crossings are held to a minimum and to
be as nearly perpendicular as possible. Pipelines within 25 feet of PG&E structures
require review by PG&E. Sprinklers systems may be allowed; subject to review. Leach
fields and septic tanks are not allowed. Construction plans must be submitted to PG&E
for review and approval prior to the commencement of any construction.
j) Signs: Signs are not allowed except in rare cases subject to individual review by PG&E.
k) Recreation Areas: Playgrounds, parks, tennis courts, basketball courts, barbecue and
light trucks (pickups, vans, etc.) may be allowed; subject to review of plans. Heavy
equipment access to PG&E facilities is to be maintained at all times. Parking is to clear
PG&E structures by at least 10 feet. Protection of PG&E facilities from vehicular traffic
is to be provided at developer’s expense AND to PG&E specifications.
l) Construction Activity: Since construction activity will take place near PG&E’s
overhead electric lines, please be advised it is the contractor’s responsibility to be aware
of, and observe the minimum clearances for both workers and equipment operating
near high voltage electric lines set out in the High-Voltage Electrical Safety Orders of
the California Division of Industrial Safety
(https://www.dir.ca.gov/Title8/sb5g2.html), as well as any other safety regulations.
Contractors shall comply with California Public Utilities Commission General Order
95 (http://www.cpuc.ca.gov/gos/GO95/go_95_startup_page.html) and all other safety
rules. No construction may occur within 25 feet of PG&E’s towers. All excavation
activities may only commence after 811 protocols has been followed.
m) Contractor shall ensure the protection of PG&E’s towers and poles from vehicular
damage by (installing protective barriers) Plans for protection barriers must be
approved by PG&E prior to construction.
170. PG&E is also the owner of distribution facilities throughout many of the areas within the
state of California. Therefore, any plans that impact PG&E’s facilities must be reviewed
and approved by PG&E to ensure that no impact occurs that may endanger the safe and
reliable operation of its facilities.
VESTING TENTATIVE PARCEL MAP
CONDITIONS OF APPROVAL
Community Development Department—Planning Division
171. The Vesting Tentative Parcel Map shall be valid for a period of three (3) years from the
date of Council approval and shall become null and void unless a Final Vesting Parcel Map
has been recorded or a time extension is granted.
172. Prior to issuance of building permits or prior to the recordation of a Final Vesting Parcel
Map, whichever occurs first, the developer shall pay to the City in lieu parkland dedication
fees for 192 new units in accordance with the provisions of City Council Ordinance No.
1558.
Department of Public Works
173. A Final Map shall be required to be filed and approved by the Department of Public Works.
174. Should the applicant elect to record the final map prior to completion of the subdivision
improvements, a subdivision improvement agreement shall be required. As part of this
agreement bonds shall be required based on the engineer’s estimate. The current fees for
the subdivision:
a) $2,615.00 Improvement Plan Check
b) $3,285.00 minimum, (or actual cost if greater) for Pinal Map Plan Check,
c) $1,464.00 Subdivision Improvement Inspection Fees.
175. Prior to occupancy, the Parcel Map shall be recorded with the Marin County Recorder’s
Office.
Page 1 of 4
Exhibit 4
Project Description -- The Neighborhood at Los Gamos
Introduction
The Neighborhood at Los Gamos (“The Neighborhood” or “Project”) is a new development
consisting of 192 multifamily residential units, a neighborhood market, and a community center.
The vision for the Neighborhood is just that, it is designed as a true neig hborhood, with its own
grocery store, central gathering area, and fitness and outdoor amenities. Instead of a standalone
residential building that relies on outside services, a neighborhood has been designed.
The plans for the Neighborhood are submitted at a time of crisis. As recognized by the San Rafael
City Council, the lack of housing in San Rafael is an imminent emergency. This project is a direct
response. However, the Project provides housing in a uniquely unimpactful way because of its
location. Specifically, this site has direct access to the freeway and nearby transit opportunities
without passing by a single existing home in San Rafael. Furthermore, the size and shape of the
Project site allow the upper hillside area to be preserved, and a density of only 18 units/acre to yield
the requested number of units. To “facilitate housing opportunities” was listed as one of the top
goals for the City Council, This is the perfect, least impactful, location to meet this goal.
Site Description
The Project site is a 10.24-acre property located at the southwest end of Los Gamos Drive in
Northern San Rafael. Los Gamos Drive is accessed from Lucas Valley Road to the north and dead
ends with no through vehicle access to Nos Gamos Road to the south. On the eastern side of Los
Gamos Drive near the Project site is an office building and the YMCA building. The Project site is
bordered by open space to the immediate north. The Kaiser-Permanente garage project currently
under construction is also located north of" the Project site on the west side of Los Gamos drive
near its intersection with Lucas Valley Road.
Project Information
The 192 multifamily units and retail and community service facilities would be contained in six (6)
buildings as follows:
•2 buildings of 3-stories above parking;
•3 buildings of 4-stories above parking; and
•1 building of 2-stories above parking that will house community service facilities for the residents, a
retail market use, and a plaza open to the public.
The buildings will be clustered and located significantly downslope to the east, close to Los Gamos
Drive, in order to preserve the community-wide visibility of the hillside above. The apartments are
affordable by design, with smaller units resulting in rents more affordable for the local workforce,
In addition, the Project will contribute towards the City of San Rafael’s housing goals and meet the
Page 2 of 4
City’s currently targeted inclusionary rate of 10% Below Market Rate units.
The Project will provide 224 on-site parking spaces.
Project Design
The Project has been designed to create a pocket neighborhood that will provide both its residents
and members of the public, and employees of and visitors to the nearby Kaiser, Marin Commons,
the YMCA, San Rafael Manor, and 1401 Los Gamos with a sense of place. The Neighborhood
incorporates elements of the natural surroundings while providing opportunities for recreation and
relaxation for visitors.
The Project includes the creation of accessible hiking trails that provide improved connectivity to
the adjacent open space. Residents can stroll across a prefabricated metal bridge over an ephemeral
drainage to access a small trail system to the southwestern portion of the property and enjoy the
“South Park,” which provides an overlook area to sit and enjoy a view of San Rafael from an uphill
vantage point, a children’s playground area that incorporates natural elements such as wood logs,
and a slide integrated with the natural sloping terrain.
The Project would also include a community center called the “Village Commons,” which will
house a market/coffee shop that would be open to the public and conveniently located near Los
Gamos Drive. This amenity would also benefit both the residents of the Neighborhood and the
immediate local workforce. The Village Commons will also include a community room and
outdoor plaza for use by project residents. Other elements that will foster a sense of neighborhood
and community include shared outdoor areas, including a children’s play area, stepped lawn
terraced seating, and more seating in an olive grove setting.
The Neighborhood is designed and will be constructed with sustainability and environmental
stewardship at the forefront. The Neighborhood will plant over 180 trees to further blend the
development with the landscape. The Neighborhood will also utilize Silva Cell technology for Bio
Retention purposes which supports trees, in part by capturing and cleaning stormwater runoff
onsite. As discussed in the amenities section, the Project includes comprehensive s olar, electric
vehicle, and electric bike components. Finally, the Neighborhood is strongly considering utilizing
BamCore prefabricated wall systems, a highly-engineered bamboo-wood hybrid, for its buildings,
however, other possible environmentally sustainable means and methods of construction are also
being researched in order to ultimately select the one best suited to this type of construction.
The Project had the benefit of initial review by both the City’s Planning Commission and Design
Review Board. These reviews indicated broad support for the project, and also provided critical
feedback that has been incorporated throughout the Project design.
Page 3 of 4
Amenities
The Neighborhood is designed with multiple on-site amenities. In addition to the neighborhood
convenience market, playgrounds, South Park, Village Commons, open space access, and
community center, the following elements are also included:
• In-unit storage.
• Separate dedicated storage lockers on the interstitial floors above the garage.
• Amazon lockers strategically located by the market in order to reduce traffic and exhaust.
• Installation of the maximum number of solar panels in order to reduce electricity costs for
the residents and reduce the carbon footprint of the Neighborhood.
• Pre-paid Clipper cards, in an amount equal to 5 weekly round trips to Santa Rosa or San
Francisco, will be included in annual rent, to facilitate the use of public transportation.
• The Neighborhood will install Electric Vehicle (“EV”) charging stations and will prc -wire
all parking spaces with EV charging capability to more easily meet the potential future
increased EV demands of residents.
• The Neighborhood will acquire seven to ten EVs for residents to utilize on-demand in order
to reduce the need for residents to own a personal vehicle.
• Annual YMCA membership for residents will be included in the lease to promote and
facilitate a healthy lifestyle.
• The Project will be pre-wired to allow Wi-Fi accessibility throughout the site.
• The site will also be pre-wired for electric bike charging with storage throughout the
development for residents and near the market for the neighboring community.
• The Neighborhood would also like to work with the owner of the office building located at
1401 Los Gamos Drive on redesigning the bollards between the parking lot of 1401 Los
Gamos Drive and Los Gamos Road tor the purpose of improving both the safety and
functionality of this intersection for walkers and bikers, but still preventing traffic
throughfare.
Entitlements Requested
The site consists of two assessor’s parcels. The “Northern Parcel” located at APN 165-220-07 is
currently zoned PD-H (Planned District - Hillside Development Overlay District), The “Southern
Parcel” is currently zoned R2a-H (Residential - Hillside Development Overlay District). Each of the
parcels currently has the HRR (Hillside Resource Residential general plan designation.)
Entitlements requested as part of the Project include the redesignation of both of the parcels to the
Neighborhood Commercial Mixed Use 2040 general plan designation. The Project’s density fits
squarely within the 8.7-24.2 units/acre range of this category, as do the residential and supermarket
uses.
Page 4 of 4
The application also seeks the rezoning of both parcels to Planned Development District (PD)
pursuant to General Plan 2020 Policy LU-10 Planned Development Zoning, which requires a
Planned Development zoning for development on lots larger than five acres in size, and General
Plan 2040 Policy LU-1.15 Planned Development Zoning, which encourages a PD zoning for lots
larger than 5 acres. Specific development standards and allowable uses will be established for the
PD as part of the development review process and pursuant to the plans submitted.
The standards of the Project and proposed for the PD are as follows:
Density (Units/Acre) 18.75 units/acre
Setback-North 168’
Setback- East 42’
Setback- West 50’
Setback- South 472’
Height 44’ (flat)/ 54’ (ridged)
Lot Area 446,054 sf
Lot Coverage 17.08%»
Floor Area Ratio: 0.01 (only commercial uses apply to FAR)
Also included is a Vesting Tentative Map application to formalize the longstanding lot
configuration of the existing parcel.
State Density Bonus Law -Waiver/Modification Request Details
The Project is a “housing development” as defined by the State Density Bonus Law at Cal. Gov.
Code § 65915 (“SDBL”). The SDBL, as implemented in San Rafael Municipal Code (SRMC)
§14.16.030-H, provides that when an applicant proposes to build the required number of affordable
units, the applicant is eligible for, and entitled to a Density Bonus, and further entitled to
concessions and incentives to facilitate the construction of the Project.
A Density Bonus is not being requested for the Project, Since the density fits squarely within the
requested general plan designation. However, the Project seeks concessions/incentives and/or
modification/waiver for building heights and parking r atios as designated in the application
materials.
Page 1 of 2
Exhibit 6
Public Correspondence
October 14, 2021
Re : Project Name : The Neighborhood at Los Ga mos
Project Number: GPA20-001/ZC20-002/ED20-058
Dear Mr. Hamilton,
San Rafael City Planner :
My name is Donna Whitney, I am the Building Manager and I represent the owner of 1401 Los
Ga mos Drive, San Rafael, CA. I attended the Neighborhood Meeting for Project Name : The
Neighborhood at Los Ga mos, Project Number GPA20-001/zc20-002/ED20-58 on September 30,
2021.
The building at 1401 Los Gamos will be substantially impacted, in multiple ways, during this
project. Our main priority is the safety and integrity of the building and grounds and keep ing to
a minimum the disruption to our tenants and their clients. The apartment complex will be
hovering 30 feet away from our back deck.
The building at 1401 Los Ga mos will experience the full impact of construction: noise, dirt, and
road disturbance etc . during a possibly 2-year construction of the proposed complex.
We are not protesting this project, per se, but want to express our concerns on the following
items.
1. Road Construction: At the start and during the construction of the roads and the
buildings for this apartment complex, there cannot be any road closures in the area
proceeding and after 1401 Los Gamos Drive, and NO access into our parking lot, at any
time.
The proposed road access into the complex from Los Gamos Drive is right at the top of
our uphill driveway.
Suggested Action 1: The building at 1401 Los Gamos will be provided with 72 hours'
notice, to the building manager, of a "Partial Closure" but we must have full access into
our parking lot at all times.
Page 2 of 2
Suggested Action 2: The 3 poles for emergency vehicle only drive through located at the
south end of the parking lot of 1401 Los Ga mos Drive which have controlled locks
maintained by the San Rafael Fire Department could be removed to open onto Los
Ga mos Road during severe road disturbance. This would give the tenants of 1401 Los
Ga mos Drive an access out of the parking lot and therefore avoid trapping people in
their own parking lot.
2. Red Stop Sign: The main entrance and exit from the apartment complex onto Los
Ga mos Drive is at the exact top of 1401 Los Ga mos Drive, an uphill driveway. There will
be the possibility for heavy traffic from almost 400 cars entering or exiting the
apartment complex and possibly not stopping when entering onto Los Ga mos Drive.
Suggested Action 1: A Red Stop Sign at the exit side of their driveway onto 1401 Los
Ga mos should be installed. To avoid any major actions, we strongly suggest that the
enforcement of this traffic solution should be prioritized at onset.
3. Erosion: 55 trees are slotted to be removed for this proposed complex. The ground is
going to be very unstable. We assume the project managers will be following the
strictest rules and regulations to avoid destabilization of the ground from erosion and
slides. Our building is directly below. Our land, and landscaping is directly below. We ask
that our property be protected as one of the appealing factors of our bu ilding is the
nature around it.
Suggested Action 1: In order to protect 1401 Los Ga mos from erosion or slides that can
cause damage to our hillside, we would humbly request a letter from the City of San
Rafael to the owners of the "the neighborhood" that informs them that they are liable
for any damage.
4. Planting of Trees: Per the proposed drawing, there will are a line of trees at mature size
circling the driveway of the complex. As we all know, they will not initially plant mature
trees of that size . Most likely, they are sapling tree sizes which will take 8 to 10 years to
grow into mature trees. The roadway will be only 30 feet from our back decks. Our
concern is privacy (a physical and natural barrier) from their roadway to mitigate noise
and dirt, and to deter people from walking into our building.
They stated they are purchasing 36 box trees which will grow faster than the 64 box
trees. Could we have an explanation of this.
Suggested Action 1: Purchasing healthy, more mature trees for the area directly behind
the building at 1401 Los Ga mos.
Page 3 of 2
Suggested Action 2: There should be a fence at their cost and maintenance until the
trees mature at the area of our two decks on the west side of the 1401 Los Ga mos
Building.
Suggested Action 3: The purchase of larger, mature trees for the areas where we have
two back decks or the entire backside of the 1401 building.
5. Wildlife: All the tenants in the building enjoy the wildlife that comes to visit our building
all year round. There are flocks of turkeys, a herd of deer, bucks with ful I racks, mother
deer with her 2 to 3 fawns, adolescent deer, occasionally coyotes and feral cats who
have been living under the building for over 10 years. With the open glass staircase our
tenants can watch the wildlife wa lking by with ease as they are unharmed.
These animals come and rest under the 1401 Los Ga mos building all year, all day, 7
days a week. There can be from 2 to 8 deer resting at a given time. The deer have
learned there is a cross breeze that occurs for cooling under the building, and they are
safe and won't be harmed sit ting there. They travel behind the building, across the
parking lot and down into the ravine creek that runs between Hwy 101 and our east part
of the parking lot for water.
At the neighborhood meeting, they stated there was not a deer community in this
area. We beg to differ. We might suggest another survey, if needed .
Suggested Action 1: Second thoughts? The apartment complex will unequivocally
disrupt the wildlife community on Los Gamos Drive.
After your review of my concerns, how will you notify the Building Manager at 1401 Los Ga mos
Building our concerns will be implemented?
I would like to be included to any meeting regarding this project. Again, and with emphasis, we
are the building which and the people who will be most directly impacted by th is project.
Sincerely,
Donna Whitney
Building Manager of 1401 Lo s Ga mos Drive San Rafael, CA
12/8121, 1:32 PM MIG, Inc. Mai l -The Neighborhood at Los Gamos
Ii ti Jeff Hamilton <jhamilton@migcom.com>
The Neighborhood at Los Gamos
Tr avis L Mon, Dec 6, 2021 at 11 :20 AM
To: jhamilton@m igcom.com
Dear Mr. Hamilton,
I am w ri ting to you regarding "The Neighborhood at Los Gamos" Planning Commi ssion hearing scheduled for Tuesday,
December 14th. As a longti me res ident of this community, I'd like to express my concern and opposition to this project.
This is the fourth such high occupancy proposal withi n a m ile of each other, in a region being devastated by drought,
energy shortages, and pollution.
There is currently development already underway on the Tallus Preserve on Lucas Valley Rd and 350 Merrydal e, w ith
further approvals granted for Northgate Walk and the Northgate Town Square. That's thousands of new residences with
many times that number of new citizens moving into a community already under duress with the current population. Lack
of water, abundance of traffi c , and increasi ng crime rates are just a few o f the reasons our community does not need
additional housing.
With the ongoing climat e cri sis and drought, I would expect there to be a hiatus on any new developments. If new housing
is truly as critical as it's being made out to be, perhaps converti ng some of the existing vacant commercial space would
be a better solution.
At a time when all exi sting residents are being asked to conserve water and electricity it makes no sense to compound
that problem with more consumers. I strongly oppose any new building developments until we can adequately address
the a lready limited resources our region suffers from . Please consider alternative solutions to your proposed 192
residences.
S incerely,
Travis
Page 4 of2
12/7/21, 2:52 PM MIG , Inc. Ma il -Los Gamos Apartments
Ii ti Jeff Hamilton <jhamilton@migcom.com>
Los Gamos Apartments
Jeff B ial ik
To:jhamilton
To San Rafael C ity Council, Planning Commission, and Planning Staff
I am wri ti ng in support of the proposed construction of 192 apartments on Los Gamos Road.
Tue, Dec 7, 2021 at 1 :52 PM
The project is well designed, smartly engineered for the site, and sorely needed in a community with very few affordable
housing options.
I am a 26 year resident of Sa n Rafael Park and live up the hill from the project on Salvador Way. In the entire time my
famil y has lived in this neighborhood, I can recall the construction of on ly two or three new houses, all single family
homes.
The market price escalation of the homes i n our neighborhood makes them financially out of reach for the younger
singles, couples, and families we rely on to teach our children, care for our parents, tend our gardens, craft our lattes, and
add vibrancy and diversity to our community. The decis ions we have made over the years to decline or downsize new
housing development has created a housing crisis and pushed our essential workers into longer and longer commute
times.
With the new apartments on Los Gamos, we have an opportunity to say yes to a piece of the solution .
I urge the Commission and the Council to approve this project.
Thank you.
S incerely,
----San Rafael, CA 94903
Mari n Organizing Committee
Ma ri n In terfaith Counci l
Housing Crisis Action Marin
Sent from my iPhone
Page 5 of 2
Page 6 of 2
Mari n
Environmental
Housing
Co l labo rative
BOARD
Robert Pendoley. Chair
Betsy Cutler
Linda M. Jackson
Paul Jensen
Shiraz Kaderali
Larry Kennings
David Levin
Douglas Mundo
Jessuina Perez-Teran
Steven Saxe
Jenny Silva
Ethan Strull
Chantel Walker
ADVISORY BOARD
Ron Albert
Paula Allen
Margot Biehle
Greg Brockbank
John Eller
Casey Epp
Kathleen Foote
Mayme Hubert
Cesar Lagleva
Kiki La Porta
Stacey Laumann
Stephanie Lovette
Marge Macris
Scott Quinn
Michele Rodriguez
Annette Rose
Colin Russell
Mary Kay Sweeney
Joanne Webster
Joe Walsh
Steve Willis
Sallyanne Wilson
Tom Wilson
Lisel Blash.
Housing Specialist
P.O. Box 9633
San Rafael CA 94912
www.MarinMEHC .org
MarinMEHC@gmail.com
December 8, 2021
City of San Rafael Planning Comm ission
1400 Fifth Avenue
San Rafael, CA 94901
Chair Samudzi and Commissioners:
The Marin Environmental Housing Collaborative (MEHC) is a consortium of
advocates building support for projects and policies that advance affordable
housing as well as environmental integrity and social justice. We are writing
to support of the Neighborhood at Los Gamos apartment project. This
project will provide 192 badly needed rental homes, including 20 affordable
units. These apartments are needed to support the local workforce, to
shorten commute trips , and to help meet San Rafael's RHNA obligations in
the next housing element cycle. This project demonstrates that increased
height and density, in the right location and coupled with good design ,
promote housing equity and environmental sustainability.
As you know, the housing need in San Rafael is urgent. County-wide , the
median household income for renters is $75 ,953, and the average rent for a
two-bedroom is $2 ,797 . This requires a household income of $111,880 to
meet the recommended 30% cap on their income for rent, so most Marin
tenants have struggle to meet their other basic needs -food , childcare , and
health services . The over-payment problem is due in part to the overall
shortage of rental housing generally, and the lack of affordable rentals in
particular, which is why the State of California significantly increased the
number of homes Bay Area communities must plan for over the next eight
years. The Los Gamos project, alone, would satisfy 6% of San Rafael's
RHNA requirement.
The height and density limits established under the current zoning would
restrict development for this site to no more tha n five single family homes on
the entire ten-acre site. This low density would likel y result in disturbance to
the entire property. The proposed Genera l Plan amendment and rezoning
would avoid this waste by boosting the housing opportunity, at the same
time minimizing site disturbance by allowing the higher permitted density to
be concentrated on the lower and least sensitive portion of the site.
The design will create a sense of community for the surrounding area as
well as the project site. The sensitive "stepped" configuration of the buildings
and the grading plan, along with the landscaping will transition into open
hillside above the property. The attractive residential design and the
included park and open spaces, the market, and the community center will
create a neighborhood. The market will serve the employees in the nearby
office buildings as wel l as the new residents , thereby helping the project
blend with the surrounding area and strengthening the sense of community.
Ta x deductible donations made payable to MEHC will be administered by EAH Housing,
a 501 (c)(3) nonprofit housing corporation. EA H generously acts as our fiscal sponsor. without charge.
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S RPC 12/812 1
p. 2
The overall design meshes well with the adjacent office and commercial structures on Los
Gamos.
The project, due to its location at the end of Los Gamos, will not require extension of an y
roadways or other infrastructure such as water or sewer. The project w ill not add infrastructure
that will induce growth in adjacent areas and will not route traffic through other neighborhoods.
We strongly urge that you recommend approval for the Neighborhood at Los proposal. This is
an environmentally sustainable project that will help address our urgent housing needs.
As a final thought, we recommend that the existing closure at the southern end of this portion of
Los Gamos be made permanent.
Sincerely,
Robert Pendoley ,
Board Chair