HomeMy WebLinkAboutCC Resolution 15030 (The Neighborhood at Lost Gamos, A Proposed Mixed-Use Project)1
RESOLUTION NO. 15030
RESOLUTION OF THE CITY OF SAN RAFAEL CITY COUNCIL ADOPTING AN AMENDMENT
(GPA 20-001) TO THE SAN RAFAEL GENERAL PLAN 2040 LAND USE ELEMENT FIGURE
3-1 LAND USE MAP TO CHANGE THE DESIGNATION FROM HILLSIDE RESOURCE
RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL MIXED USE FOR THE 10.24 ACRE SITE
LOCATED AT THE SOUTHERLY TERMINUS OF LOS GAMOS DRIVE NORTH OF
OLEANDER DRIVE
(THE NEIGHBORHOOD AT LOS GAMOS)
(APNS: 165-220-06 AND 165-220-07)
WHEREAS, on August 2, 2021, the City of San Rafael adopted the San Rafael General Plan
2040 and certified the supporting Final Environmental Impact Report for the plan; and
WHEREAS, on December 22, 2020, Christopher Hart, applicant, 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 Drive north of Oleander Drive; and
WHEREAS, on April 16, 2021, in accord with California Government Code Section 65352.3(a),
specifically, the directive of Senate Bill 18 (SB 18), the Community Development Department staff sent
an offer for tribal consultation to the representatives of the Federated Indians of the Graton Rancheria
(Federated Indians). Tribal consultation is required for all projects that propose an amendment to the
local General Plan. The purpose of the tribal consultation is to consult with the local tribe representatives
on potential impacts to Native American places, features and objects described in Sections 5097.9 and
5097.993 of the California Public Resources Code. The prescribed 90-day period was observed for the
Federated Indians to respond to the offer, but the City received no response; and
WHEREAS, 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, the IS/MND assesses the environmental impacts of the proposed amendment to
San Rafael General Plan 2040 to change the existing Hillside Resource Residential (HRR) land use
designation of the property to Neighborhood Commercial Mixed Use (NCMU) land use designation. The
IS/MND finds that the proposed amendment to the General Plan will not result in significant unmitigable
impacts; and
WHEREAS, as demonstrated in the preparation of the 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
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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, 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, following a public hearing and deliberation on the project,
the Planning Commission voted 5-0-2 (Commissioners Mercado and Previtali absent) to adopt Planning
Commission Resolution 21-11 recommending that the City Council approve General Plan Amendment
application GPA 20-001 amending the Land Use Map in General Plan 2040, and recommending approval
of a Mitigation Monitoring and Reporting Program (“MMRP”) for the project; and
WHEREAS, on February 7, 2022, the City Council held a duly noticed public hearing on the
proposed project, accepting and considering all oral and written public testimony and the written report
of the Department of Community Development; and
WHEREAS, on February 7, 2022, by adoption of separate resolution, the City Council adopted
the IS/MND and approved an MMRP for the project; and
WHEREAS, the custodian of documents which constitute the record of proceedings upon which
this decision is based is the Community Development Department.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael does
hereby approve General Plan Amendment GPA 20-001, amending the San Rafael General Plan 2040
Land Use Map Figure 3-1 as follows:
Modify Figure 3-1 in the General Plan 2040 Land Use Element to change the existing Hillside
Resource Residential (HRR) land use designation to Neighborhood Commercial Mixed Use
(NCMU) for the 10.24 acre property located at the southerly terminus of Los Gamos Drive (APNs
165-220-06 and 165-220-07). The proposed modified General Plan Figure 3-1 is shown as
Exhibit A.
BE IT FURTHER RESOLVED, that the amendment is based on and supported by the following
findings:
1. The public interest would be served by the adoption of the proposed amendment to Land Use
Element Figure 3-1, which would change the existing Hillside Resource Residential (HRR) land
use designation to Neighborhood Commercial Mixed Use (NCMU) for the project site in that
this action would be consistent with and implement San Rafael General Plan 2040 as
documented in the General Plan Consistency Analysis included herein by reference as Exhibit
B.
2. This action would provide the opportunity for a mixed-use project, including residential uses,
that would be compatible with the adjacent residential and commercial uses.
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I, Lindsay Lara, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was
duly and regularly introduced and adopted at a regular meeting of the San Rafael City Council held on
Monday, the 7th day of February 2022, by the following vote to wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
LINDSAY LARA, City Clerk
Exhibit A: General Plan 2040 Figure 3-1 – Land Use Map
Exhibit B: General Plan Consistency Analysis
Exhibit A
General Plan 2040 Figure 3-1 – Land Use Map
Before--HRR
After--NCMU
The Neighborhood at Los Gamos File #: GPA 20-001; ZC 20-002; ED 20-058
Southerly Terminus of Los Gamos Drive Title: General Plan 2040 Consistency Table
Exhibit: B-1
Exhibit B
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 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. 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 Drive Title: General Plan 2040 Consistency Table
Exhibit: B-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 reduced parking for the project. 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 Drive Title: General Plan 2040 Consistency Table
Exhibit: B-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 Drive Title: General Plan 2040 Consistency Table
Exhibit: B-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 Drive Title: General Plan 2040 Consistency Table
Exhibit: B-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 Drive Title: General Plan 2040 Consistency Table
Exhibit: B-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 bridge 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 Drive Title: General Plan 2040 Consistency Table
Exhibit: B-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 Drive Title: General Plan 2040 Consistency Table
Exhibit: B-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 Drive Title: General Plan 2040 Consistency Table
Exhibit: B-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 determined 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 Drive Title: General Plan 2040 Consistency Table
Exhibit: B-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 impact 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 Drive Title: General Plan 2040 Consistency Table
Exhibit: B-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 Drive Title: General Plan 2040 Consistency Table
Exhibit: B-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 would 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 Drive Title: General Plan 2040 Consistency Table
Exhibit: B-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 promote
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 Drive Title: General Plan 2040 Consistency Table
Exhibit: B-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 Drive Title: General Plan 2040 Consistency Table
Exhibit: B-15
non-profit housing development, etc. Allow for flexibility
in providing affordable units as long as the intent of this
policy is met