HomeMy WebLinkAboutDRB 2023-03-07 Agenda Packet
Design Review Board
Regular Meeting
Tuesday, March 7, 7:00 P.M.
AGENDA
Participate In-Person:
San Rafael City Council Chambers
1400 Fifth Avenue, San Rafael, CA 94901
Or
Participate Virtually:
Watch on Webinar: https://tinyurl.com/drb-2023
Telephone: 1 (669) 444-9171
Meeting ID: 885 6816 1418
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 in-person and virtually using Zoom.
How to participate in the meeting in-person:
• Stay home if you are experiencing COVID-19 symptoms
• Face coverings are recommended for attendees
• Use the sign-in sheet (optional) which allows notification of potentially exposed
individuals if contact tracing reveals COVID-19 transmission may have occurred in
a given meeting.
• Attendance will be limited to 50 percent of room capacity (no more than 90
persons) and all in-person attendees should socially distance as recommended by
public health authorities. If the Chambers are 50% occupied, please participate
online instead, or utilize the audio feed in the lobby.
• All attendees are encouraged to be fully vaccinated.
How to participate in the meeting virtually:
• Submit public comment in writing before 4:00 p.m. the day of the meeting 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 Board to take action, without discussion, on Agenda items
for which there are no persons present who wish to speak, and no Board members who wish
to discuss.
1. Approval of the Design Review Board Meeting Minutes of December 6, 2022
Recommended Action – Approve minutes as submitted
ACTION CALENDAR
2. 76 Albert Park Lane – Wildcare
Request for Planning Commission recommendation for an Environmental and Design
Review Permit for proposed replacement of existing Wildcare wildlife hospital and
educational facilities with a new attached three-story animal hospital and office building
and relocating and restoring the historic Terwilliger Building on site; APN: 013-061-54;
Multi-Family Zoning District (HR1.5); PLAN22-127, ED22-040
Project Planner: Jeff Ballantine (jeff.ballantine@cityofsanrafael.org)
Recommended Action – Recommend Planning Commission approval of project
3. 1515 4th Street, New Mixed-Use Building
Request for Planning Commission recommendation for an Environmental and Design
Review Permit for a proposed new seven story mixed-use building with 162 residential
units and 8,900 square feet of ground floor commercial space; APN: 011-245-41; T4MS
50/70 Zoning District; PLAN22-039, ED22-016
Project Planner: Jeff Ballantine (jeff.ballantine@cityofsanrafael.org)
Recommended Action – Provide input on project and consider recommending Planning
Commission approval of project
4. Report to Design Review Board
Annual Meeting of Design Review Board for 2023 to include: a) Election of Officers for 2023
Design Review Board meetings; b) Distribution and Review of Design Review Board “Rules
of Order;” and c) Distribution and Review of Scheduled meeting for 2023
Project Planner: Jeff Ballantine (jeff.ballantine@cityofsanrafael.org)
Recommended Action - Staff recommends the Board consider the officer rotation and
elect new officers for 2023 shown in Item 4. New officer terms would take effect at the
next meeting.
STAFF COMMUNICATION
BOARD 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.
Minutes subject to approval at the meeting of March 7, 2023
Design Review Board
Regular Meeting
Tuesday, December 6, 2022, 7:00 P.M.
AGENDA
Participate In-Person:
San Rafael City Council Chambers
1400 Fifth Avenue, San Rafael, CA 94901
Or
Participate Virtually:
Watch on Webinar: https://tinyurl.com/drb-2022-12-06
Telephone: 1 (669) 444-9171
Meeting ID: 831 0781 8748
One Tap Mobile: US: +16694449171, 83107818748#
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 in-person and virtually using Zoom.
How to participate in the meeting in-person:
• Stay home if you are experiencing COVID-19 symptoms
• Face coverings are recommended for attendees
• Use the sign-in sheet (optional) which allows notification of potentially exposed
individuals if contact tracing reveals COVID-19 transmission may have occurred in
a given meeting.
• Attendance will be limited to 50 percent of room capacity (no more than 90
persons) and all in-person attendees should socially distance as recommended by
public health authorities. If the Chambers are 50% occupied, please participate
online instead, or utilize the audio feed in the lobby.
• All attendees are encouraged to be fully vaccinated.
How to participate in the meeting virtually:
• Submit public comment in writing before 4:00 p.m. the day of the meeting 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.
CALL TO ORDER
Chair Rege called the meeting to order at 7:01 p.m. Chair Rege then invited Staff & Senior
Planner Jeff Ballantine to call roll.
RECORDING OF MEMBERS PRESENT AND ABSENT
Present: Chair Rege
Vice Chair Sharon Kovalsky
Board Member Michael Alexin
Board Member Jeff Kent
Board Member Stewart Summers
Alternate Board Member Donald Blayney
Also Present: Jeff Ballantine, Staff, Senior Planner & DRB Secretary
PUBLIC NOTIFICATION OF MEETING PROCEDURES
Chair Rege invited Staff & Senior Planner, Jeff Ballantine, to inform the public that members
they can provide public comment either in person in the Council Chambers, by telephone or
via zoom with the raise hand feature. Written comments submitted prior to the meeting time
would be read aloud into the record during the public comment portion of each item.
Chair Rege reviewed the procedures for the meeting.
URGENT ORAL/EMAIL COMMUNICATIONS FROM THE PUBLIC
Chair Rege called for any comments from the public on items NOT on the agenda. There
were no public comments.
CONSENT CALENDAR
Chair Rege invited public comment on the Consent Calendar. There was no comment on
the Consent Calendar.
1. Approval of the Design Review Board Meeting Minutes of November 8, 2022
Member Kent moved and Member Alexin seconded to approve the Minutes as submitted.
AYES: Members: Rege, Kovalsky, Alexin, Kent, & Summers
NOES: Members: None
ABSENT: Members: Rege
ABSTAIN: Members: None
Motion carried 5-0 Yes.
ACTION CALENDAR
Chair Rege introduced the Action Calendar and invited staff to present the Staff Report.
2. 76 Albert Park Lane – Wildcare
Request for Conceptual Design Review for proposed replacement of existing Wildcare
facilities with new animal hospital, educational, and animal housing facilities; APN: 013-
061-54; Multi-Family Zoning District (HR1.5); PLAN22-127, ED22-040
Project Planner: Jeff Ballantine (jeff.ballantine@cityofsanrafael.org)
Jeff Ballantine, Senior Planner, presented the Staff Report on the project.
Applicant Team gave a presentation on the project.
Applicant Team and Staff responded to questions from the Board Members.
Chair Rege asked for public comments. Five people provided public comment supporting
Wildcare and their efforts to create improved facilities for their animal hospital and educational
facilities.
Board Members provided comments.
Two of the Board Members commented that the west building façade of the proposed new
animal hospital building could be improved with increased articulation and variation in color.
Three of the Board Members commented that they preferred the proposed building as
presented on the plans.
No formal recommendation was required for conceptual design review.
DIRECTOR’S REPORT
Jeff Ballantine notified the DRB that the DRB Annual Report would be on the agenda for the
next DRB meeting. He also notified DRB that the Northgate Town Square project would
likely come back to DRB for consideration sometime in the Winter/Spring of 2023.
BOARD COMMUNICATION
Board Member Summers asked if a Planning Commissioner liaison was assigned to attend
to DRB meetings. Jeff Ballantine indicated that he would come prepared to the subsequent
Design Review Board meeting with a response.
ADJOURNMENT
Chair Rege adjourned the meeting at 8:08 p.m.
_________________________________
JEFF BALLANTINE, Senior Planner
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Community Development Department –
Planning Division
Meeting Date: March 7, 2023
Case Numbers: ED22-040 (PLAN22-127)
Project Planner: Jeff Ballantine, Senior Planner,
jeff.ballantine@cityofsanrafael.org
Agenda Item: 2
REPORT TO DESIGN REVIEW BOARD
SUBJECT: 76 Albert Park Lane – Wildcare. Request for Planning Commission recommendation for
an Environmental and Design Review Permit for proposed replacement of existing
Wildcare wildlife hospital and educational facilities with a new attached three-story animal
hospital and office building and relocating and restoring the historic Terwilliger Building on
site; APN: 013-061-54; Multi-Family Zoning District (HR1.5); Wildcare, owner; Cheryl
Lentini, applicant; PLAN22-127, ED22-040.
EXECUTIVE SUMMARY
The proposed project includes a major redevelopment of the existing Wildcare facilities. Wildcare is a
wildlife hospital, nature education center and wildlife advocacy organization. The proposal includes:
relocating and restoring the historic Terwilliger Building; demolishing all other existing structures on the
site; constructing a new attached three-story animal hospital and office building along with a new
courtyard for gathering spaces and for the educational Ambassador Animals.
REQUESTED ENTITLEMENTS
The project requires a Major Environmental and Design Review Permit pursuant to San Rafael Municipal
Code (SRMC) Section 14.25.040, which requires approval by the Planning Commission with a
recommendation from the Design Review Board (DRB). City Staff requests the DRB to provide
professional design analysis, evaluation and judgment as to the completeness, competence and
appropriateness of this development proposal for the use and setting based on design standards adopted
by the City Council (SRMC Section 14.25.070).
BACKGROUND
The DRB provided conceptual design review pursuant to SRMC Section 14.25.030 (B) for the project on
December 6, 2022. Two of the Board Members commented that the west building façade of the
proposed new animal hospital building could be improved with increased articulation and variation
in color. Three of the Board Members commented that they preferred the proposed building as
presented on the plans.
PROPERTY FACTS
The following table provides an overview of General Plan and Zoning designations for the project site
and immediately surrounding area as well as existing developed land uses.
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Table 1: Designations and Existing Uses
Location General Plan Designation Zoning Designation Existing Land-Use
Project Site: HRR HR1.5 Wildcare
North: PROS P/OS Albert Park
South: HDR HR1.5 Duplex
East: HDR LMU Carpenters Local Union
West: HDR HR1.5 Single Family Residence
HDR = High Density Residential; PROS = Parks, Recreation, and Open Space; P/OS = Public/Open
Space; HR1.5 = High Density Residential; LMU = Lindaro Mixed-Use
Site Description & Setting
The project site is located north of Mariposa Road. The site is accessible from Albert Park Lane. Wildcare
visitors that arrive by automobile typically park on the street on Albert Park Lane. Then they walk across
San Rafael Creek on a bridge into the main entrance for Wildcare. The project site also has frontage on
Mariposa Road. This frontage is only utilized for trash collection purposes.
PROJECT DESCRIPTION
Project Summary
The proposed project includes a major redevelopment of the existing Wildcare facilities. Wildcare is a
wildlife hospital, nature education center and wildlife advocacy organization. The existing facilities are
Figure 1. Site Location
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located in a flood plain and have often flooded in the past, rendering those facilities unusable. The
proposal includes: relocating and restoring the historic Terwilliger Building; demolishing all other existing
structures on the site; constructing a new attached three-story animal hospital and office building along
with a new courtyard for gathering spaces and for the educational Ambassador Animals. The total area
of the proposed facilities and structures is approximately 11,400 square feet with approximately 4,600
square feet of caging on roofs and 1,600 square feet of caging on the ground.
Architecture, Colors, and Materials
The proposal relocates the historic Terwilliger Building to make it a focal point from the main entrance on
the northern end of the project site. The existing horizontal Dutch lap siding of this building would be
replaced in kind and painted white, and the building would be reroofed with asphalt shingles. The
proposed new animal hospital and office building would include light grey split face CMU (concrete
masonry unit) and light grey smooth CMU walls with white decorative metal screens (Bok Modern or
equal) mounted in front of select areas of the north building elevation. This building would include
aluminum frame windows. The proposed roofing is a single ply Thermopolastic Polyolefin (TPO) system.
In addition to the project plans in Exhibit 1, please see project renderings and materials details that are
provided in Exhibit 2, starting on the 19th presentation slide.
Figure 2. Rendering of North Elevation
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Fencing, Landscaping, and Lighting
The proposed perimeter fencing consists of six-foot-tall weathered wood fencing. The proposed caging
for the animals is metal caging. The project does not include proposed landscaping, other than some
minimal creek enhancement that will likely be required, consisting of native plant seeding and removal
and control of certain species. The project includes wall wash lighting at the building entry, low wall
lighting at the bridge and exit path, and wall sconce lighting at secondary doors. All proposed lighting will
be required to be designed and/or shielded to conceal light sources from view off-site and avoid spillover
onto adjacent properties, consistent with SRMC Section 14.16.227.
Flood Level Elevations
Preliminary survey information indicates that the existing top of creek bank at the Albert Park parking lot
is approximately at elevation 7.0 feet above sea level. City staff and the applicant anticipate that the floor
level of new construction will need to be at least 12 feet above sea level to clear the 100-year flood
elevation.
Bridge
A new prefabricated pedestrian bridge will be erected over the creek to provide the main entry to the site.
The new bridge will be sloped up from the street level to the approximate finished site floor height.
ANALYSIS
San Rafael Municipal Code (Title 14 – Zoning)
Review criteria for Environmental and Design Review permits are included in SRMC Section 14.25.050.
Some of the pertinent review criteria that relate to the proposed project are included in Table 2 below.
Table 2: Design Review Criteria (SRMC Section 14.25.050)
Review Criteria Proposed Code
Subsection
CMU Finishes. Concrete surfaces
shall be colored, textured,
sculptured and/or patterned to serve
a design as well as a structural
function
The proposed new animal hospital and office
building would include light grey split face CMU
(concrete masonry unit) and light grey smooth
CMU walls.
(F)(2)(c)
Figure 3. North Elevation
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Table 2: Design Review Criteria (SRMC Section 14.25.050)
Review Criteria Proposed Code
Subsection
Entry. Provision of a sense of entry
The proposed new bridge, relocation of the
historic Terwilliger Building, and courtyard
redesign all contribute to an improved
entrance.
(F)(1)(d)
Height Variation. Variation in
building placement and height
The proposed new animal hospital and office
building varies in height as it steps down in
height as it spans from the southern to the
northern portion of the site. The relocated
historic building provides additional variety in
building height and location in relation to the
proposed new building.
(F)(1)(e)
All Facades. Equal attention to
design of all facades in sensitive
locations
Each proposed building elevation includes
variety in architectural details, building forms,
and materials.
(F)(1)(g)
San Rafael Design Guidelines
The San Rafael Design Guidelines apply to all of the City of San Rafael except for the Downtown Precise
Plan area and except for those lots where the Hillside Design Guidelines apply. Some of the pertinent
design guidelines that relate to the proposed project are included in Table 3 below.
Table 3: San Rafael Design Guidelines (for Nonresidential projects)
Design Guideline Proposed Topic Area
Consider pedestrian orientation
when designing building
entries, windows, signage and
doors.
The proposed new bridge, relocation of the historic
Terwilliger Building, and courtyard redesign all
contribute to an improved entrance
Pedestrian
Circulation Include a well-defined
pedestrian walkway between
the street and building entries
Limit the intensity of lighting to
provide for adequate site
security and for pedestrian and
vehicular safety
The project includes wall wash lighting at the
building entry, low wall lighting at the bridge and exit
path, and wall sconce lighting at secondary doors.
All proposed lighting will be required to be designed
and/or shielded to conceal light sources from view
off-site and avoid spillover onto adjacent properties,
consistent with SRMC Section 14.16.227
Lighting
Shield light sources to prevent
glare and illumination beyond
the boundaries of the property
Where appropriate, locate the
building, or a substantial portion
of the building along the front
yard setback or street edge to
create spatial enclosure in
relation to the street
The project proposes to locate the historic
Terwilliger Building and a portion of the proposed
animal hospital/office building along the front yard
setback.
Building
Form
Consider the pedestrian
experience when designing the
ground floor of buildings.
The proposed relocation of the historic Terwilliger
Building at the front of the site as well as stepping
down the proposed animal hospital/office building
Building
Form
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Table 3: San Rafael Design Guidelines (for Nonresidential projects)
Design Guideline Proposed Topic Area
towards the front of the site improves the pedestrian
experience as visitors enter the site.
Continuity of design, materials,
color, form and architectural
details is encouraged for all
portions of a building and
between all the buildings on the
site
Each proposed building elevation includes variety in
architectural details, building forms, and materials.
Building
Form
Use articulation, texturing and
detailing on all concrete
exposed to exterior view
The proposed new animal hospital and office
building would include light grey split face CMU
(concrete masonry unit) and light grey smooth CMU
walls.
Materials
and Colors
Use color to provide
appropriate accents on a
building.
The historic Terwilliger Building would be painted
white. The proposed new animal hospital and office
building would have light grey CMU walls with white
decorative metal screens mounted in front of select
areas of the north building elevation.
Materials
and Colors
NEIGHBORHOOD CORRESPONDENCE
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 all other interested parties, 15 calendar days
prior to the date of this hearing. Public notice was also posted on the subject site 15 calendar days prior
to the date of all meetings, including this hearing. Staff have not received any public comments, as of the
posting of this staff report.
CONCLUSION
Staff request that the DRB provide professional design analysis, evaluation and judgment as to the
completeness, competence and appropriateness of this development proposal for the use and setting
based on the applicable objective development standards described in this staff report and consider
providing a recommendation to the Planning Commission.
EXHIBITS
1. Project Plans
2. Materials Board
3. Lighting Plan
4. Applicant Presentation Slides
5. Schematic Design Report
6. Site Photos
7. Historic Design Review Report
8. Geotechnical Report
- 1 -
Community Development Department –
Planning Division
Meeting Date: March 7, 2023
Case Numbers: ED22-016 (PLAN22-039)
Project Planner: Jeff Ballantine, Senior Planner,
jeff.ballantine@cityofsanrafael.org
Agenda Item: 3
REPORT TO DESIGN REVIEW BOARD
SUBJECT: 1515 4th Street – New Mixed-Use Building. Request for Planning Commission
recommendation for an Environmental and Design Review Permit for a proposed new
mixed-use building with 162 residential units and 8,900 square feet of ground floor
commercial space; APN: 011-245-41; T4MS 50/70 and T4N 40/50 Zoning District; 1515
Fourth Street Associates LLC, owner; Collin Monahan, applicant; PLAN22-039, ED22-
016.
EXECUTIVE SUMMARY
The proposed project includes a new mixed-use building with 162 residential units and 8,900 square feet
of ground floor commercial space. The northern face of the proposed building that faces 4th Street is
seven stories and the southwestern corner of the building is 9 stories. The proposal includes demolishing
the existing vacant bank building on the site and providing landscaping and other site improvements.
The project complies with all development standards through the State Density Bonus Law process. Staff
seeks confirmation from the Design Review Board that the project complies with applicable objective
development standards and specifically building massing and façade articulation standards in the
Downtown Precise Plan as described in Table 4 below in this staff report.
REQUESTED ENTITLEMENTS
The project requires a Major Environmental and Design Review Permit pursuant to Downtown Precise
Plan Chapter 9 (herein referred to as “DPP”) Section 1.1.060 and San Rafael Municipal Code (SRMC)
Section 14.25.040, which requires approval by the Planning Commission with a recommendation from
the Design Review Board (DRB). City Staff requests the DRB to provide professional design analysis,
evaluation and judgment as to the completeness, competence and appropriateness of this development
proposal for the use and setting based on design standards adopted by the City Council (SRMC Section
14.25.070). The relevant design standards for sites located within the DPP are the massing and façade
articulation standards included in Division 3.2 (starting on page 298) of the DPP.
PROPERTY FACTS
The following table provides an overview of General Plan and Zoning designations for the project site
and immediately surrounding area as well as existing developed land uses.
- 2 -
Table 1: Designations and Existing Uses
Location General Plan Zoning Existing Land-Use
Project Site: DMU T4MS 50/70, T4N 40/50 Vacant Bank Building
North: DMU T4MS 50/70 Retail Businesses
South: DMU T4N 40/50, T5N 40/60 Medical/Professional Offices, AT&T
Building
East: DMU T4MS 50/70 Dentist Office
West: DMU, MDR T4MS 40/50, MR 2.5 Tire Shop, Single Family Residence
DMU = Downtown Mixed Use; MDR = Medium Density Residential; T4MS = Transect 4 Main Street;
T4N = Transect 4 Neighborhood; T5N = Transect 5 Neighborhood; MR = Medium Density Residential
Site Description & Setting
The project site is surrounded by Shaver Street, 4th Street, and East Street to the west, north, and east,
respectively, as well as two commercial buildings to the south. The site currently has driveways onto both
4th Street and East Street. The site is relatively flat with a gentle downslope towards the southwest corner
of the site. However, retaining walls along the southern and southwestern sides of the property cause
the site to be taller and flatter than the surrounding topography. A vacant bank building is located on the
project site.
Figure 1. Site Location
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PROJECT DESCRIPTION
Project Summary
The proposed project includes a new mixed-use building with 162 residential units and 8,900 square feet
of ground floor commercial space. The northern face of the proposed building that faces 4th Street is
seven stories and the southwestern corner of the building is 9 stories. The lower two floors (Level P2 and
Level P1, shown on Sheets A2.0A and A2.0B of the project plans) consist of 179 vehicle parking spaces,
a bicycle storage room for 116 bicycle parking spaces, and a trash room. The ground level includes 8,900
square feet of retail space; a gallery space; reception area; club rooms; nine residential units; and an
outdoor swimming pool and courtyard area. Levels 2 through 7 include the remaining 153 residential
units. A lounge room and two roof decks are also included on Level 7. 119 of the residential units would
have one bedroom and 43 of the units would have two bedrooms. The project would include 13 residential
units that are designated as Below Market Rate (BMR) units that are for Very Low-Income families.
Architecture, Colors, and Materials
The exterior walls would consist of stucco in a light tan color (CRA|E 30 by Eco Stucco) and a light umber
color (Hoggar 90 by Eco Stucco). The balconies would be made out of glass and the windows would be
aluminum with gray trim.
The proposed building includes articulation in the forms of: (1) building recesses and projections; (2)
variation in color; and (3) variation in materials. For instance, the front (northern) elevation appears to
have seven vertical columns in light tan stucco while the remaining portion of the building in between
these columns is recessed and in light umber stucco. Most of Level 7 is also recessed and in light umber
stucco such that the top of the building is distinct from the rest of the building. The ground level primarily
consists of glass windows and storefronts such that it is distinct from the upper levels. Balconies project
from the face of the building on the northern, western, and southern sides of the building. Finally, the
proposed windows are recessed from the face of the building.
Figure 2. Rendering Looking Southwest
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Landscaping and Lighting
The project proposes landscaping along all three street frontages, in the interior ground level courtyard,
and on the rooftop decks (see Sheets L-1 and L-2 of the project plans). Proposed street trees include
Scarlet Sentinel Red maple, Natchez Crape Myrtle, Chinese Pistache, and Crimson Spire Oak. Proposed
plants in the streetscape planting areas include Dwarf Bottlebrush, Rockrose, Dwarf Grevillea, and Dwarf
Heavenly Bamboo. Proposed plants in the building perimeter planters include Aloe, Echeveria, Leather
Leaf Sedge, Euphorbia, and Creeping Fig. The creeping fig is proposed to grow directly on the stucco
walls of the west building elevation, where the parking levels are located. Proposed plants on the rooftop
include Feather Reed Grass, Creeping Lantana, English Lavender, Fountain Grass, and Rosemary.
Finally, the project would include installing four new steel benches in the public right of way along 4th
Street to provide seating areas for the public and eight new steel tube hoop bike racks on the sidewalk
as well.
The project proposes a variety of wall surface downlights for the exterior building walls and recessed
linear lights that are 2.5 feet above ground along a wall that spans the southern property lines (see Sheets
LT0.1 and LT0.2 of the project plans). All proposed lighting will be required to be designed and/or shielded
to conceal light sources from view off-site and avoid spillover onto adjacent properties, consistent with
SRMC Section 14.16.227.
Figure 3. Rendering Looking Southeast
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ANALYSIS
Downtown Precise Plan
Development review criteria of the San Rafael Downtown Precise Plan (DPP) are included in Chapter 9
(Downtown Form-Based Code). Development standards and building massing and articulation criteria of
the DPP are provided below.
Form Based Code
Most of the project site is located in the T4MS 50/70 district and a small portion of the southwest corner
of the site is located in the T4N 40/50 district of the Downtown Precise Plan. Section 2.3.040 of the
Downtown Form-Based Code provides the relevant development standards for properties located in the
T4 Main Street (T4MS) district. Section 2.3.030 of the Downtown Form-Based Code provides the relevant
development standards for properties located in the T4 Neighborhood (T4N) district. A summary of these
development standards is included in Table 2 and Table 3 below, respectively.
Table 2: Development Standards – T4MS 50/70 (DPP Section 2.3.040)
Standard Required Proposed Compliance
Building Setbacks
Front 0 ft. min.; 10 ft.
max.
0 ft. Complies
Side Street 0 ft. min.; 10 ft.
max.
0 ft. Complies
Side 0 ft. min. 0 ft. Complies
Rear 0 ft. min. 10 ft. 3 in. Complies
Façade length in
façade zone.
(1) Front
(2) Side Street
(1) 80% min.
(2) 70% min.
(1) 100%
(2) 88% east side
(2) 94% west side
Complies
Civic Space 1,000 sq. ft. min. 0 sq. ft. Density Bonus Concession
Height 50 ft. max. 80 ft. Density Bonus Waiver. Measured
from existing grade.
Stepback
Front 10 ft. at 45 ft. tall 0 ft. Density Bonus Waiver
Side Street 10 ft. at 45 ft. tall 0 ft. Density Bonus Waiver
Rear 10 ft. at 45 ft. tall 10 ft. Complies
Ground Floor Ceiling 14 ft. min. 15 ft Complies
Vehicle Parking 103 spaces 179 spaces Complies
Bicycle Parking 205 spaces 205 spaces Complies
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Table 3: Development Standards – T4N 40/50 (DPP Section 2.3.030)
Standard Required Proposed Notes
Building Setbacks
Front 7 ft. min.; 15 ft.
max.
0 ft. Density Bonus Waiver
Side Street 7 ft. min.; 15 ft.
max.
0 ft. Density Bonus Waiver
Side 5 ft. min. 71 ft. 5 in. Complies
Rear 15 ft. min. 10 ft. 3 in. Density Bonus Waiver
Building Length 75 ft. max. 75 ft. 6 in. Density Bonus Waiver. For
portion of building located in T4N
40/50 district.
Façade length in
façade zone.
(1) Front
(2) Side Street
(1) 70% min.
(2) 50% min.
(1) 100%
(2) 94% west side
Complies
Height 40 ft. max. 80 ft. Density Bonus Waiver. Measured
from existing grade.
Stepback
Front 10 ft. at 35 ft. tall 0 ft. Density Bonus Waiver
Side Street 10 ft. at 35 ft. tall 0 ft. Density Bonus Waiver
Rear 10 ft. at 35 ft. tall 0 ft. Density Bonus Waiver
Massing and Façade Articulation
Division 3.2 of the Downtown Form-Based Code includes massing and façade articulation standards. A
summary of these standards is included in Table 3 below.
Table 4: Massing and Façade Articulation (DPP Division 3.2)
Review Criteria Proposed Code
Subsection
Tripartite Façade Articulation. New
facades and façade modifications
along a street or civic
space shall be designed to visually
express a base, middle, and top.
Most of the top level is recessed from a
majority of the lower levels and in light
umber stucco such that the top of the
building is distinct from the rest of the
building. The ground level primarily consists
of glass windows and storefronts such that it
is distinct from the upper levels
3.2.030
Massing and Composition. Building
facades shall be arranged in an orderly
composition of window bays/openings
based on prevalent patterns of 5, 7 or
9 bays.
Each building elevation is arranged in an
orderly composition of the following number
of window bays/openings:
• North Elevation – 9 bays/openings
• East Elevation – 5 bays/openings
• South Elevation – 9 bays/openings
• West Elevation – 5 bays/openings
3.2.040
- 7 -
Table 4: Massing and Façade Articulation (DPP Division 3.2)
Review Criteria Proposed Code
Subsection
Corner Elements. New facades and
facade modifications shall be designed
to include a corner element to give
visual importance to the corner and
enhance the public realm.
Each building façade includes a corner
element that is distinct from other portions of
the building.
3.2.050
Windows and Openings. Buildings
100' or more in length along the street
are required to include projected or
recessed window bays. The recess
may be achieved by a partial or
complete window surround. Up to 3
bays may be grouped.
Each building façade is broken into different
columns that serve as window bays and
project from the rest of the building.
3.2.060
State Density Bonus Law
This project application was submitted pursuant to State Density Bonus Law (Government Code Section
65915 and San Rafael City Council Resolution 14891). This law allows for a project that provides a
minimum percentage of units that are designated as affordable to seek waivers and concessions to
applicable development standards as well as increased residential density beyond what a local
jurisdiction allows for. A housing development is eligible for a waiver or reduction of any development
standard that physically precludes the construction of an affordable housing development at the densities
or with the concessions or incentives permitted by Government Code Section 65915. A concession is
any reduction in site development standards or any modification of zoning or architectural design
requirements necessary pursuant to California Government Code Sections 65915(d)(3) or 65915(e) that
would result in identifiable and actual cost reductions, and facilitate the construction of the residential
development project at the densities provided for in Section 65915
Since there is no residential density limit on properties in the Downtown Precise Plan area, an applicant
is required to demonstrate how many units can feasibly be constructed on the site in a manner that
complies with all objective development standards and that provides average unit sizes comparable to
the actual proposed project. This hypothetical project that complies with objective development standards
is called the base density project.
The applicant for this project has demonstrated a base density project of 122 residential units for this site.
The proposed project includes 13 units designated as Below Market Rate (BMR) for very-low income
households. Since at least ten percent of the units of the allowable base density for the project are
designated for very low-income households, the project is eligible for a 32.5% density bonus. This density
bonus results in a total maximum allowable of 162 residential units (32.5% of 122 equals 39.65 which
rounds up to 40 additional units beyond the base density project).
In addition, the project is eligible for two concessions and as many waivers as the applicant wishes to
request that comply with the requirements of Government Code Section 65915. As described in Table 2
above, the project seeks a density bonus concession for the requirement to provide 1,000 square feet of
civic space on the site as well as waivers for maximum building height and minimum building stepbacks.
As described in Table 3, the project seeks additional density bonus waivers for minimum front and side
street setback and maximum building length for the portion of the building located in the T4N 40/50
district. Staff has reviewed the density bonus application materials for the project and confirmed that they
- 8 -
comply with the relevant requirements in Government Code Section 65915 and San Rafael City Council
Resolution 14891.
Housing Accountability Act
The project is considered a housing development and is therefore protected under the Housing
Accountability Act (Government Code Section 65589.5). If a project complies with applicable objective
development standards and design review criteria and if local agency denies approval or imposes a
condition that lowers the proposed density or reduces the percentage of the lot occupied by a building,
then the local agency must find that the project would have a specific, adverse impact upon the public
health or safety and that such impacts cannot be mitigated. Staff has conducted analysis and no public
health or safety impacts have been identified.
This means that the Design Review Board may only place conditions on the project that are based on
adopted objective development standards that apply to the project (summarized in the Downtown Precise
Plan section of this staff report above). In addition, the Design Review Board may not place any conditions
on the project that have the effect of reducing the density or the lot coverage of the project. As shown in
Table 2 above, the project applicant is requesting a concession for the requirement of providing 1,000
square feet of civic space on the project site. Table 2 also indicates that the project applicant is requesting
waivers from the following development standards: maximum height, front stepback and side stepback
requirements,
Consistency with City Council Goals and Objectives
In 2021, the City Council adopted a list of goals and objectives. One of the key policy areas included in
the goals and objectives is focused on creating new housing. For fiscal year 2022/2023, the City Council
continued the goals and objectives from the 2021/2022 fiscal year as these key policy areas remain
relevant. For fiscal year 2022/2023 the Community Development Department will keep track of progress
in this policy area by tracking the number of Housing units entitled and housing units produced by unit,
income level, and the contribution that these units make toward meeting the City’s regional housing
allocation (RHNA). The proposed project would contribute toward meeting the goal of producing more
housing by adding 162 housing units to the City’s housing inventory, including 13 units designated as
Below Market Rate (BMR) for Very Low-Income families.
San Rafael General Plan 2040 Consistency
The site is designated as Downtown Mixed Use on the General Plan 2040 Land Use Map, which allows
for a mix of housing and retail uses. There is no residential density limit on properties designated as
Downtown Mixed Use in General Plan 2040. The total number of net new residential units added within
the Downtown Precise Plan boundary between 2020 and 2040 shall not exceed 2,200.
NEIGHBORHOOD CORRESPONDENCE
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 all other interested parties, 15 calendar days
prior to the date of this hearing. Public notice was also posted on the subject site 15 calendar days prior
to the date of all meetings, including this hearing. Staff received one formal public comment letter (Exhibit
3). This letter raises concerns regarding building height, building setbacks, parking entrance onto Shaver
Street, creating permit parking in the neighborhood, and improving street cleaning services. In addition,
Staff have received inquiries from four other neighbors of the site. These neighbors raised concerns
regarding impacts to street parking spaces, traffic, and the height of the proposed building. None of these
other neighbors provided formal written comments to be included in the staff report packet.
- 9 -
CONCLUSION
Staff request that the DRB provide professional design analysis, evaluation and judgment as to the
completeness, competence and appropriateness of this development proposal for the use and setting
based on the applicable objective development standards described in this staff report and consider
providing a recommendation to the Planning Commission. In particular, Staff seeks confirmation from the
Design Review Board that the project complies with the building massing and façade articulation
standards in the Downtown Precise Plan as described in Table 4 in this staff report.
EXHIBITS
1. Architectural Plans
2. Civil Engineering Plans
3. Public Comment – Vikram Seshadri
Good evening Jeff and trust this email finds you well.
Ahead of the March 7 design board review of the proposed 1515 4th Street San Rafael mixed-use
building project, which we plan to attend, we wanted to submit our comments to add to the agenda.
My partner and I are recent San Rafael transplants, having purchased and moved into 201 Shaver Street
at the end of 2021. As one of the closest neighbors of the proposed project, we are in a great position to
offer first-hand insight to ensure this project successfully enhances the community without being a
liability. Development is clearly needed in the area and we welcome the addition of new neighbors and
business. However, there are some aspects of the area that should be known and reviewed before plans
are approved.
• Building height: There are no buildings over 4 stories in the immediate area, which is also
located at the top of an incline. Anything over 4 stories would be an imposition to the
neighbors and overall esthetic of the area.
• Setback from street: Please do not let the developers bully the city into forgoing the
imperative safety measures of proper set back from the street. Visibility around corners and
proper sidewalk width is extremely important.
• Parking entrance: As we understand, the residential parking entrance is suggested to be on
Shaver Street. Shaver is narrow and often filled with parked cars on both sides of the street
near 4th street due to Cains Tire Shop location. Additionally, sidewalks have been extended
at 3rd and 2nd streets, making for very narrow passage at those intersections. Also, the traffic
lights at 3rd and 2nd street are poorly timed, leading to frequent traffic back ups on a daily
basis. Upon simple inspection, it will be clear this is not a street set up for added traffic
congestion. Our suggestion is that the parking entrance/exit should be on the E Street side of
the proposed building.
• Permitted parking: The addition of this many housing units will add to increased demand for
parking from tenants and guests. Permit parking is something that should be introduced to
protect parking availability for existing neighbors.
• Street cleaning: Regardless of the actual parking entrance, a new building means more
debris and litter in a small area. The street’s existing sycamore trees already exacerbate
drainage issues (most noticeable during times of rain). Street cleaning service should be
added and supported by the building owner and the city to help alleviate the negative
environmental impact of this project.
As much as we support growth and development in our new neighborhood, it needs to be done
thoughtfully and with the right intentions. We hope our suggestions are received with the good intention
with which they are being offered. We look forward to discussing that at the design board review next
week and to hearing the San Rafael City Planning Committee and the developer's plans to address these
concerns.
Thank you for your time,
Vikram Seshadri and Ryan Shaw
201 Shaver Street, San Rafael, CA 94901
My name is Mark McAlonan and I am the owner of Cains Tire, a West End family
owned business for 66 years sinse 1957. I am wri�ng in regards to the devasta�ng
building proposal at 1515 4th St. The construc�on and building will not only
nega�vely effect the adjoining neighborhood but also the everyday business of
Cains Tire and other West End merchants.
Let me explain,
Cains Tire is set on the corner of 4th and Shaver. Our business requires constant
traffic flow on Shaver St. For the past 66 years, Cains Tire brings our cars into the
entrance of our shop on 4th St and exits our shop on Shaver St. Any road closure
on Shaver or 4th St will be a detriment to the opera�on of our business. As it is,
the roadside parking on Shaver only allows for one vehicle to pass at a �me.
Construc�on trucks will not be able to pass through Shaver Street without taking
away parking for the neighborhood and local merchants plus obstruc�ng and
affec�ng our daily business at Cains Tire. Shaver St will have to remain open
during construc�on in order for Cains Tire to operate safely and be open to serve
our loyal customers. There is no alterna�ve to using our exit on Shaver St.
As an essen�al business during the pandemic, we have always been there for our
customers. The construc�on of the proposed building cannot override our
posi�on in the community. For 66 years Cains Tire has drawn customers from all
over Marin and our customers love the West End. Cains Tire helps to feed the
local merchants of the West End. While wai�ng for their cars to be done, our
customers eat and shop, get their nails done, etc. We are a suppor�ve part of the
West End merchants community. We also provide West End parking to customers
which is essen�al to West End businesses. I will explain.
With that said, lets talk about parking.
There is a lack of parking for the West End community including public parking,
merchant parking and residen�al parking. This is evident in the fact that approx.
45 cars park in the vacant West America Bank parking lot on a daily basis, the very
parking lot that is the loca�on for the building proposal. The cars that park there
include West End merchants and customers. I own the public parking lot at 1556
4th St adjacent to United Liquors, Ice House Studios, The Mountain Play. I rent
that lot to the City of San Rafael so that the city can provide a legal and
mandatory number of public parking spots. If Cains Tire loses street parking on
Shaver St. and parking availability at West America Bank lot, I will be forced to
take back the lease from the city at 1556 4th St. in order to provide necessary
parking for my employees and the tenants and employees of the businesses at
that loca�on. Cains Tire alone has 34 employees who need a place to park.
Parking is currenty scarce on the West End of San Rafael and I would hate to see it
worsen.
The two concerns that I have as a small business owner on the West End of San
Rafael, and an owner of a business that provides income to 34 employees and
their families in San Rafael. First is the possibility of road closures due to the
construc�on of the site that will nega�vely affect the ability of Cains Tire to
con�nue normal daily business which will in turn will affect the employment of 34
employees and their families. And two, the decreased availability of parking as a
result of the proposed building site which will nega�vely affect the overall survival
and recovery of the West End merchants coming out of the losses as a result of
the 2020 pandemic. The merchants of the West End are rebuilding a�er the
pandemic and would hate to endure another blow to successful business.
There is also a concern expressed by the local community, the neighborhoods and
residents residing on the surrounding hill areas. Working at Cains allows me to
interact and network with the surrounding residents who have voiced their
dismay at the erec�on of a 99 � tall building within their view. This proposed
building will be an eyesore on the view of San Rafael and the community doesn’t
like it.
Because of the foremen�oned reasons, this pending building situa�on is not a
posi�ve move for West End San Rafael merchants and residents.
Can you pls forward this email to whoever you think will listen and help to halt the
building of the monstrosity at 1515 4th St.
I will be at the mee�ng on March 7 along with whoever else I can urge to atend.
Thank you,
Mark McAlonan
Community Development Department – Planning Division
Meeting Date: March 7, 2023
Case Numbers: P23-003
Project Planner: Jeff Ballantine,
jeff.ballantine@cityofsanrafael.org
Agenda Item: 4
REPORT TO DESIGN REVIEW BOARD
SUBJECT: Annual Meeting of Design Review Board for 2023 to include: a) Election of Officers for 2023
Design Review Board meetings; b) Distribution and Review of Design Review Board “Rules of
Order;” and c) Distribution and Review of Scheduled meeting for 2023
The Design Review Board (Board) is required to hold its annual meeting at their first meeting of a calendar
year. The first scheduled meeting in 2023 will be March 7, 2023. At that meeting, the Board will be
requested to elect new officers and review its “Rules of Order”, in addition to reviewing design-related
agenda items.
Election of Officers for 2023
Since 2004 the Board has elected officers following a rotation schedule generally set based on
member’s length of service. For 2022 Board Member Rege has served as Chair, and Board Member
Kovalsky has served as Vice Chair. Should the Board choose to continue to follow this rotation
schedule, Board Member Kovalsky would serve as Chair in 2023 and Board Member Kent would serve
as Vice Chair. Here is the projected 5-year rotation schedule of officers for the Board:
Chair Vice Chair
2023 Kovalsky Kent
2024 Kent Summers
2025 Summers Alexin
2026 Alexin Rege
2027 Rege Kovalsky
Staff recommends the Board consider the above officer rotation and elect new officers for 2023. New
officer terms would take effect at the next meeting.
Rules of Order
Planning staff is distributing the Design Review Board “Rules of Order” (attached; Exhibit 1). These were
last amended and adopted on January 19, 2022. Exhibit 1 includes proposed changes shown in track
changes. These proposed changes include:
1. Amending the City Code Sections referenced regarding Design Review Board procedures. On
October 3, 2022, the City Council adopted Ordinance No. 2018 amending Section 14.25.070 and
adding Section 2.16.120 through 2.16.122 (see Exhibit 3). These changes included deleting
provisions of Section 14.25.070 relating to the Design Review Board’ s term of office, removal or
vacancy of membership, meetings, quorum, and rules of order. These changes also including
moving the remaining regulations under Section 14.25.070 relating to Design Review Board
membership and powers and duties to new Sections 2.16.120 through 2.16.122 of Chapter 2.16
(Boards and Commissions). The items that were deleted where then included in Bylaws for the
2
Design Review Board, adopted by the City Council in Resolution No. 15130. The purpose of these
changes was to treat the Design Review Board similar to other Boards and Commissions in how
the Bylaws are structured and where in the City Code the Design Review Board procedures are
located.
2. A reference was added to the Rules of Order regarding City Code Section 14.25.070 for
streamlined review of certain residential projects since these provisions were added to the City
Code in 2022.
3. A sentence was deleted from the Rules of Order that indicated that the Chair shall sign any formal
resolutions because the Board is not tasked with adopting formal resolutions.
In addition, Staff wants to highlight that the Design Review Board has not been following Rule 7(B)(10)
from the Rules of Order:
10. Follow-up Discussion. Before the Board concludes its discussion and votes on the project,
the following opportunities shall be provided to the applicant and Board:
a. The applicant shall be given an opportunity to indicate willingness to make specific
changes to the project, or discuss any recommended revisions, or to respond to
questions, or to seek further clarification.
b. A Board member shall have the opportunity to consult with other Board members, staff
and meeting participants, to consider whether members wish to revise, support, or not
support any comments made based on the discussion, and in order to reach a
consensus.
In the future, Staff will work with the Design Review Board to ensure that this rule is followed.
The Board can consider further modifications or request that staff investigate possible changes. Please
review the current rules and procedures and if there are any changes that you would like to suggest or
possible modifications that warrant staff research, please raise them during the meeting. If there are no
requests that warrant additional research, staff recommends the Board consider the recommended
modification and adopt the Rules of Order with the recommended clarifying language.
2023 Design Review Board Meeting Dates:
Provided for your information is a list of scheduled Design Review meetings for 2023. Please review and
provide feedback if there are any errors or if any scheduled meetings conflict with major religious holidays.
Exhibits
1. Board “Rules of Order”
2. Design Review Board Meeting Schedule 2023
3. City Council Agenda Report on Boards and Commissions Updates, 6/19/2022
FOR CITY CLERK ONLY
Council Meeting: 09/19/2022
Disposition: Resolutions 15129 x 15130 x 15131 and Waived further reading of ordinances and
introduced Ordinances 2017, 2018, 2019
Agenda Item No: 5.b
Meeting Date: September 19, 2022
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Clerk
Prepared by: Lindsay Lara, City Clerk City Manager Approval: ___________
TOPIC: BOARDS AND COMMISSIONS UPDATES
SUBJECT: RESOLUTION AND ORDINANCE CHANGES TO EXISTING CITY BOARDS AND
COMMISSIONS
I. INTRODUCE AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING
SECTIONS 2.16.030 THROUGH 2.16.033 OF THE SAN RAFAEL MUNICIPAL
CODE RELATED TO THE BOARD OF LIBRARY TRUSTEES
II. RESOLUTION AMENDING THE BOARD OF LIBRARY TRUSTEES BYLAWS
III. INTRODUCE AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING
SECTION 14.25.070 AND ADDING SECTIONS 2.16.120 THROUGH 2.16.122 OF
THE SAN RAFAEL MUNICIPAL CODE RELATED TO THE DESIGN REVIEW
BOARD
IV. RESOLUTION AMENDING THE DESIGN REVIEW BOARD BYLAWS
V. INTRODUCE AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING
SECTIONS 2.16.010 THROUGH 2.16.013 OF THE SAN RAFAEL MUNICIPAL
CODE RELATED TO THE FIRE COMMISSION
VI. RESOLUTION AMENDING THE FIRE COMMISSION BYLAWS
RECOMMENDATION:
1. Introduce the ordinance relating to the Board of Library Trustees by title only and waive further
reading of the ordinance
2. Adopt the Resolution Amending the Board of Library Trustees Bylaws
3. Introduce the ordinance relating to the Design Review Board by title only and waive further reading
of the ordinance
4. Adopt the Resolution Amending the Design Review Board Bylaws
5. Introduce the ordinance relating to the Fire Commission by title only and waive further reading of
the ordinance
6. Adopt the Resolution Amending the Fire Commission Bylaws
BACKGROUND:
With the exception of the Planning Commission, which is a decision-making body, the City’s Boards,
commissions, and committees (“BCC’s”) are advisory bodies, made up of volunteer community members
who are appointed by the City Council to serve in an advisory role by reviewing and making
recommendations to the City Council on matters within a certain purview. The City of San Rafael has 12
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
active BCC’s, each with varying styles of guidelines which outline how they carry out business as an
advisory body to the San Rafael City Council. BCCs are either established by the voters (through a ballot
initiative), by resolution of the City Council, or ordinance (and codified in the San Rafael Municipal Code)
and the Council has the discretion to both add and remove volunteers.
On June 6, 2022, the City Council approved changes to the Bicycle and Pedestrian Advisory Committee,
the Park and Recreation Commission and the Planning Commission in an effort to bring consistency and
uniformity across the City’s Boards and Commissions program. The updates made at the June 6, 2022
City Council meeting included changes to the composition of the BCC’s. The changes being proposed in
this staff report focus on changing masculine language in the municipal code to gender neutral language,
provides authority to the City Council to approve compensation of board members and commissioners
by resolution, and update the scope of a few BCCs to better reflect current practices.
ANALYSIS:
Staff is recommending changes to the Board of Library Trustees, Design Review Board, and the Fire
Commission. All recommended changed are explained below.
Board of Library Trustees
The Board of Library Trustees is required per the City’s Charter. Board membership, terms, and powers
and duties are set forth in San Rafael Municipal Code Sections 2.16.030 through 2.16.033 of Chapter
2.16 (Boards and Commissions). Staff is recommending that the City Council adopt an ordinance
Attachment 1) amending the code to provide authority to the City Council to approve compensation of
Board Members by resolution, to remove the clause regarding term of office and removal due to duplicity,
amend all masculine language to gender neutral language, and to remove the Board’s duty to review and
make comments and recommendations regarding the annual operating budget of the department, as the
City Council is the budget review authority.
In addition, staff is recommending adoption of bylaws for the Board to be consistent with recently
approved bylaws for other boards, to include clear information on meetings, voluntary resignation and
compensation, and to include the policy on term limits as outlined in Resolution No. 13681 approved by
the City Council in February 2014. These rules and procedures are consistent with current practice;
however, incorporating them into bylaws will clarify the expectations for Board members. Attachment 2
to this report is a resolution adopting the proposed bylaws. Additionally, staff recommends including
eligibility requirements for the Board to formalize the current practice of requiring residency in city limits.
Present Proposed
Ordinance
Requirement to serve without compensation set
by Municipal Code
Provides authority to approve compensation of
Board members by resolution
Board’s duty to review, comment, and
recommend department operating budget
Removes this duty as it is a function of the San
Rafael City Council
Term of office and removal of Board members Deletion – duplicative (Article IX, Section 1)
Masculine language Gender-neutral language
Resolution & Bylaws
Silent on eligibility requirements Must reside in city limits
Silent on voluntary resignation 2 consecutive unexcused absences constitute
voluntary resignation
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
Silent on the term limits approved in 2014 Maximum of 2 consecutive four-year terms
Design Review Board
The Design Review Board membership, terms, and powers and duties are set forth in San Rafael
Municipal Code Section 14.25.070 of Chapter 14.25 (Environmental and Design Review Permits). Staff
is recommending that the City Council adopt an ordinance (Attachment 3) amending the code to delete
provisions relating to term of office, removal or vacancy of membership, meetings, quorum, and rules of
order. Staff recommends this information be included in the Bylaws for the Board and be adopted by
resolution in an effort to remain consistent with other boards and commissions. Additionally, staff
recommends removal of compensation information in the municipal code, and provide authority to the
City Council to approve compensation by resolution.
Staff also recommends moving the remaining provisions governing administration of the Design Review
Board from Section 14.25.070 to new Sections 2.16.120 through 2.16.122 established under Chapter
2.16 (Boards and Commissions). This move will consolidate the provisions governing administration of
the Design Review Board with provisions governing administration of the other boards and commissions
of the City.
Staff recommends retaining under Section 14.25.070 the subsection governing the pilot program
approved by the City Council in May 2022 for streamlined review of certain residential projects of the
Environmental and Design Review Permits because this is a specific program for permitting of certain
residential structures.
In addition, staff is recommending adoption of bylaws for the Board to be consistent with recently
approved bylaws for other boards, to include clear information on meetings, voluntary resignation and
compensation, and to include the policy on term limits as outlined in Resolution No. 13681 approved by
the City Council in February 2014. These rules and procedures are consistent with current practice;
however, incorporating them into bylaws will clarify the expectations for Board members. Attachment 4
to this report is a resolution adopting the proposed bylaws.
Present Proposed
Ordinance
Membership and Powers and Duties Moved to Sections 2.16.120 through 2.16.122
Membership, term of office, removal or vacancy of
membership, meetings, quorum, and
compensation
Deletion – will be designated by resolution
adopting bylaws
Masculine language Gender-neutral language
Resolution & Bylaws
Silent on voluntary resignation 2 consecutive unexcused absences constitute
voluntary resignation
Silent on the term limits approved in 2014 Maximum of 3 consecutive four-year terms
Fire Commission
The Fire Commission is required per the City’s Charter. Board membership, terms, and powers and
duties are set forth in San Rafael Municipal Code Sections 2.16.010 through 2.16.013 of Chapter 2.16
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
Boards and Commissions). Staff is recommending that the City Council adopt an ordinance (Attachment
5) amending the code to provide authority to the City Council to approve compensation of Board Members
by resolution, to remove the clause regarding term of office and removal due to duplicity, amend all
masculine language to gender neutral language, and to remove the Commission’s duty to review and
make comments and recommendations regarding the annual operating budget of the department, as the
City Council is the budget review authority.
In addition, staff is recommending adoption of bylaws for the Commission to be consistent with recently
approved bylaws for other boards, to include clear information on meetings, voluntary resignation and
compensation, and to include the policy on term limits as outlined in Resolution No. 13681 approved by
the City Council in February 2014. These rules and procedures are consistent with current practice;
however, incorporating them into bylaws will clarify the expectations for Commissioners. Attachment 6
to this report is a resolution adopting the proposed bylaws. Additionally, staff recommends including
eligibility requirements for the Commission to formalize the current practice of requiring residency in city
limits.
Present Proposed
Ordinance
Requirement to serve without compensation set
by Municipal Code
Provides authority to approve compensation of
Commissioners by resolution
Board’s duty to review, comment, and
recommend department operating budget
Removes this duty as it is a function of the San
Rafael City Council
Term of office and removal of Commissioners Deletion – duplicative (Article VIII, Section 10)
Masculine language Gender-neutral language
Resolution & Bylaws
Silent on eligibility requirements Must reside in city limits
Silent on voluntary resignation 2 consecutive unexcused absences constitute
voluntary resignation
Silent on the term limits approved in 2014 Maximum of 2 consecutive four-year terms
City Council Role with BCCs
On an annual basis, the City Council designates liaison positions to the BCCs. The role of the liaison is
to generally stay abreast of the activities of the BCC which may include attending one or more meetings
per year, checking in with the Chair of the BCC on a quarterly basis, reporting out on significant activities
during City Council meetings as needed, assisting in culling down applications into an interview list when
there is a vacancy, and providing a “mentor” role for the needs of the BCCs which could relate to
answering procedural questions, facilitating training, or other assistance. Additionally, the Mayor may act
in the acting role of the City Council liaison for each BCC.
Alternate Members
Attendance at any regularly scheduled meeting is a necessary part of being an effective Alternate
Member. If a regular member is unable to attend a scheduled meeting, the Member notifies the staff
liaison in advance and the Alternate Member is notified of their attendance as a full voting member.
Alternate Members will be expected to review all meeting materials in preparation for BCC meetings and
will vote in the absence of a full voting member. If more than one Alternate Member exists, there shall be
a pre-determined first and second Alternate, and they will alternate between first and second Alternate
Member annually. First Alternates shall vote in the absence of one voting member, and Second Alternates
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
shall vote in the absence of a second voting member. If no member is absent, the Alternate Member may
still participate in the discussion, deliberation and questions/answers of staff during meetings but will not
vote.
FISCAL IMPACT:
There is no fiscal impact associated with this recommendation.
OPTIONS:
The City Council has the following options to consider on this matter:
1. Adopt resolutions and introduce the ordinances.
2. Adopt resolutions/ introduce the ordinances with modifications.
3. Direct staff to return with more information.
4. Take no action.
RECOMMENDED ACTION:
1. Introduce the ordinance relating to the Board of Library Trustees by title only and waive further
reading of the ordinance
2. Adopt the Resolution Amending the Board of Library Trustees Bylaws
3. Introduce the ordinance relating to the Design Review Board by title only and waive further reading
of the ordinance
4. Adopt the Resolution Amending the Design Review Board Bylaws
5. Introduce the ordinance relating to the Fire Commission by title only and waive further reading of
the ordinance
6. Adopt the Resolution Amending the Fire Commission Bylaws
ATTACHMENTS:
1. Ordinance (Board of Library Trustees)
2. Resolution (Board of Library Trustees) & Exhibit A – Bylaws
3. Ordinance (Design Review Board)
4. Resolution (Design Review Board) & Exhibit A – Bylaws
5. Ordinance (Fire Commission)
6. Resolution (Fire Commission) & Exhibit A – Bylaws
7. Correspondence
1
ORDINANCE NO. 2017
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING
SECTIONS 2.16.030 THROUGH 2.16.033 OF THE SAN RAFAEL
MUNICIPAL CODE RELATED TO THE BOARD OF LIBRARY
TRUSTEES
WHEREAS, Article IX, Section 1 of the Charter of the City of San Rafael requires
the City Council to appoint a Board of Library Trustees of the City of San Rafael; and
WHEREAS, regulations governing the Board of Library Trustees of the City of San
Rafael are located in the San Rafael Municipal Code (SRMC) Sections 2.16.030 through
2.16.033 of Chapter 2.16 (Boards and Commissions); and
WHEREAS, staff recommends amending SRMC Section 2.16.031 (Trustee
membership-Compensation) by replacing the provision that members serve without
compensation with a provision that authorizes the City Council to establish their
compensation by resolution; and
WHEREAS, staff recommends removing the Board’s duty to review, and make
comments and recommendations regarding the annual operating budget of the library
department by deleting the applicable provision from the SRMC Section 2.16.033 (Trustee
powers and duties); and
WHEREAS, there are instances throughout the SRMC where masculine language
is used, and staff recommends amending the language to be gender-neutral; and
WHEREAS, there are instances throughout the SRMC where the term ‘citizen’ is
used, and staff recommends replacing this term with the terms ‘community’ or ‘patron’;
and
WHEREAS, staff recommends repealing Section 2.16.032 of the SRMC (Trustee
term of office and removal) in its entirety because it is duplicative of information set forth
in Article IX, Section 1 of the San Rafael Charter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DOES ORDAIN AS FOLLOWS:
Division 1. Amendment of Municipal Code.
Sections 2.16.030 through 2.16.033 of Chapter 2.16 (Boards and Commissions) of the
San Rafael Municipal Code are hereby amended to read as follows. Additions are shown
in underline, and deletions are shown in strikethrough.
2.16.030 - Board of library trustees.
A board of library trustees is created.
Ord. 889 § 6, 1967).
Board of library trustees —See San Rafael Charter, Art. IX § 1.
2
2.16.031 - Trustee membership—Compensation.
The board of library trustees shall consist of five members appointed by the city council,
one of whom may be a councilman councilmember. All members shall serve without
compensation. The City Council may establish compensation for members of the board of
library trustees by resolution.
Ord. 889 § 7 (part), 1967).
2.16.032 - Trustee term of office and removal. Reserved
The members of the board of library trustees shall serve for a term of four years and shall
be subject to removal by the affirmative vote of three members of the city council. The
terms of office of members of the board of library trustees shall be staggered in the manner
provided by resolution of the city council.
Ord. 889 § 7 (part), 1967).
2.16.033 - Trustee powers and duties.
Subject to the direction and control of the city council, as provided in Section 2.04.030 of
this code, the powers and duties of the board of library trustees shall be:
To assess and evaluate current and long-range needs of the library; to formulate and
adopt policies, rules and regulations with respect to programs and facilities to meet such
needs of the community, including recommendations for sites and design of facilities. Such
formulations and adoptions shall be made in conjunction with recommendations of the
librarian;
To review, comment and make recommendations regarding the annual operating budget
of the library;
To receive, and review periodic reports from the librarian concerning the general
operations and functions of the library;
To recommend ways to inform the citizens of San Rafael community as to the various
programs, services and assistance which the library affords all its patronscitizens;
To promote intergovernmental cooperation in the development of library services,
patronage and usage;
To perform such other duties as may be prescribed by the city council.
Ord. 1131 § 3, 1974: Ord. 889 § 7 (part), 1967).
Division 2. Severability.
If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any
reason held to be invalid by a court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this Ordinance. The City Council hereby declares
it would have passed and adopted this Ordinance and each and all provisions hereof
irrespective of the fact that any one or more of said provisions be declared invalid.
3
Division 3. CEQA Determination.
This Ordinance makes only administrative changes to the operations of a City board and
is therefore exempt from the requirements of the California Environmental Quality Act
CEQA) under 14 Cal. Code Regs. §15061(b)(3), the common sense exemption, because
it can be seen with certainty that there is no possibility that the Ordinance may have a
significant effect on the environment.
Division 4. Publication; Effective Date.
This Ordinance shall be published once, in full or in summary form, before its final
passage, in a newspaper of general circulation, published, and circulated in the City of
San Rafael, and shall be in full force and effect thirty (30) days after its final passage. If
published in summary form, the summary shall also be published within fifteen (15) days
after the adoption, together with the names of those Councilmembers voting for or against
same, in a newspaper of general circulation published and circulated in the City of San
Rafael, County of Marin, State of California.
THE FOREGOING ORDINANCE was first read and introduced at a regular meeting of the
San Rafael City Council on the 19th day of September 2022, and was passed and adopted
at a regular meeting of the San Rafael City Council on the ___ day of ____ 2022 by the
following vote, to wit:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
KATE COLIN, Mayor
Attest:
LINDSAY LARA, City Clerk
RESOLUTION NO. 15129
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
APPROVING BYLAWS OF THE BOARD OF LIBRARY TRUSTEES
WHEREAS, the City Council wishes to establish consistent rules and procedures
for the operation of its boards, commissions and committees, including the Board of Library
Trustees; and
WHEREAS, staff recommends adoption of the Board of Library Trustees Bylaws in
Exhibit A attached hereto, which include specific rules and practices for the operation of the
Board to be consistent with recently approved bylaws for other City boards and
commissions; and
WHEREAS, the attached bylaws include a provision for voluntary resignation of
members based on unexcused absences;
WHEREAS, the attached bylaws include the policy on term limits as outlined in
Resolution 13681 limiting Board Members to a maximum of two consecutive four-year term
limits;
WHEREAS, the attached bylaws include eligibility requirements of living in city limits.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby adopts the
Board of Library Trustees Bylaws attached hereto as Exhibit A.
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 City
Council of the City of San Rafael, held on Monday, the 19th day of September 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: BOARD OF LIBRARY TRUSTEES BYLAWS
Board of Library Trustees Bylaws
Page 1 of 2
BOARD OF LIBRARY TRUSTEES BYLAWS
ARTICLE I. NAME AND PURPOSE
Section 1.1. Name. The name of this body shall be the City of San Rafael Board of
Library Trustees, hereinafter referred to as the "Library Board," or the “Board.”
Section 1.2. Purpose. The purpose of the Board is to support the Library Director,
support the Library Foundation in its quest for a new library, serve as advocates for the
Library to the City Council, and help increase the visibility of the Library in the community.
Section 1.3. Board Responsibility. The Library Board’s responsibilities shall be in
accord with these Bylaws, as amended from time-to-time by the City Council. The Library
Board’s authority is advisory only. The Library Board has no power to act on behalf of the
City of San Rafael or any other entity.
Subject to the direction and control of the city council, as provided in Section 2.04.030 of
the San Rafael Municipal Code, the powers and duties of the Board of Library Trustees
shall be:
1. To assess and evaluate current and long-range needs of the library;
2. to formulate and adopt policies, rules and regulations with respect to programs and
facilities to meet such needs of the community, including recommendations for
sites and design of facilities. Such formulations and adoptions shall be made in
conjunction with recommendations of the librarian;
3. To receive, and review periodic reports from the librarian concerning the general
operations and functions of the library;
4. To recommend ways to inform the San Rafael community as to the various
programs, services, and assistance which the library affords all patrons;
5. To promote intergovernmental cooperation in the development of library services,
patronage and usage;
6. To perform such other duties as may be prescribed by the city council.
ARTICLE II. MEMBERSHIP
Section 2.1. Number of Members. The Library Board shall consist of five (5) voting
members. The City Council has the authority to appoint alternates as needed.
Section 2.2. Eligibility. Board members shall be residents of the city of San Rafael.
Section 2.3. Appointment of Board Members. Members shall be appointed by the City
Board of Library Trustees Bylaws
Page 2 of 2
Council. Appointments shall be published on the website for the City of San Rafael in
accordance with Government Code Section 54973, as amended from time to time .
Section 2.4. Terms of Appointment. Each Board member shall serve a minimum term
of four (4) years. An effort will be made to ensure that the terms are staggered, and not
all of the appointments expire in the same year.
Section 2.5. Term Limits. Members of the Board shall be limited to two (2) consecutive
four-year terms. Additional terms may be served if there is a break between terms.
Section 2.6. Absence and Removal. An unexcused absence from two (2) consecutive
Board meetings without notification to the Staff Liaison shall be considered a voluntary
resignation from the Board. Previously dismissed Board members may be eligible for
reappointment to the Board. The members of the Board shall be subject to removal by
the affirmative vote of three members of the city council.
Section 2.7. Compensation. Board members serve without compensation.
ARTICLE III. MEETINGS
Section 3.1. Time and date of Regular Meeting. Notification of meeting place, date,
and time shall be rendered to the public through posting on the City of San Rafael website.
The Board shall meet once per month, unless there is no business to conduct, and shall
be scheduled annually. The schedule for the upcoming year will be set by December of
the previous year.
1
ORDINANCE NO. 2018
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING
SECTION 14.25.070 AND ADDING SECTIONS 2.16.120 THROUGH
2.16.122 OF THE SAN RAFAEL MUNICIPAL CODE RELATED TO THE
DESIGN REVIEW BOARD
WHEREAS, regulations governing the Design Review Board of the City of San
Rafael are located in the San Rafael Municipal Code (SRMC) Section 14.25.070
Environmental and Design Review Permits); and
WHEREAS, staff recommends deleting provisions of Section 14.25.070 relating to
the Board’s term of office, removal or vacancy of membership, meetings, quorum, and
rules of order; and
WHEREAS, staff recommends that the remaining regulations under Section
14.25.070 relating to Board membership and powers and duties be moved to new
Sections 2.16.120 through 2.16.122 of Chapter 2.16 (Boards and Commissions); and
WHEREAS, staff recommends that the regulation under Section 14.25.070
relating to streamlined reviews of certain residential projects remain in that section of the
code; and
WHEREAS, staff recommends the removal of compensation information from the
municipal code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DOES ORDAIN AS FOLLOWS:
Division 1. Amendment of Section 14.25.070 of Municipal Code.
Section 14.25.070 of Chapter 14.25 (Environmental and Design Review Permits) of the
San Rafael Municipal Code is hereby amended to read as follows. Additions are shown
in underline, and deletions are shown in strikethrough.
14.25.070 – Design review board Streamlined Review of Certain Residential
Projects.
A. Purpose and Authority.
1. The design review board shall serve as an advisory body to the city for the
purpose of reviewing and formulating recommendations on all major physical
improvements requiring environmental and design review permits, except that
an alternate streamlined review process is allowed for certain eligible projects
as described below. The design review board may also serve as an advisory
body on other design matters, including minor physical improvements or
administrative design permits, referred to the board by the community
development director, planning commission or city council. The design review
board shall provide professional design analysis, evaluation and judgment as
to the completeness, competence and appropriateness of development
proposals for the use and setting and to recommend approval, approval with
conditions, redesign or denial based on design standards adopted by the city
council.
2
2. Streamlined Review of Certain Residential Projects.
The following residential projects shall be eligible for a streamlined review process, as
established by City Council resolution under a pilot program known as the "streamlined
review for certain residential projects."
a. A. Residential structures of three (3) to ten (10) units.
b. B. Additions to multifamily residential structures of between three (3) to ten (10)
units, where the addition constitutes no more than forty (40) percent of the total
square footage of the building and would not increase the unit count by more than
three (3) units.
This streamlined review process allows for a joint meeting of the planning commission and
two (2) representatives of the design review board. The framework, roles and membership
of the design review board representatives for a streamlined review process shall be as
established by city council resolution.
B. Membership of the Design Review Board. The design review board shall consist of a
total of five (5) regular members and may include one alternate member appointed by
the city council. The design review board members shall be qualified as follows:
1. At least two (2) members shall be licensed architects or licensed building
designers;
2. At least one member shall be a licensed landscape architect;
3. At least one of the five (5) members shall have background or experience in
urban design;
4. The alternate member may have qualifications in any of the above fields of
expertise;
5. All board members shall reside in the city of San Rafael; and
6. In addition to the five (5) council-appointed board members and one alternate
member, one planning commissioner shall attend board meetings. This liaison
planning commissioner shall be appointed by the commission chairperson. An
additional commissioner shall be appointed to serve as an "alternate liaison" in
case of absence. The planning commission liaison should be present at all
design review board meetings to offer advice and direction to the board on
matters of commission concern.
C. Alternate Member. The alternate member may temporarily fill a vacancy created when
a regular member: (1) leaves office prior to completion of the member's term; (2)
cannot attend a meeting; or (3) cannot participate on a particular matter due to a
conflict of interest.
D. Term of Office. The term of office for each design review board member shall be four
4) years. Of the members of the board first appointed, one shall be appointed for the
term of one year; one for the term of two (2) years; one for the term of three (3) years;
and two (2) for the term of four (4) years. The term of office for the alterna te board
member shall be four (4) years concurrent with the term of the chairperson.
E. Removal or Vacancy of Membership. Any member of the board or the alternate
member can be removed at any time by a majority vote by the city council. A vacancy
shall be filled in the same manner as the original appointment. The person appointed
to fill a vacancy shall serve for the remainder of the unexpired term.
F. Meetings. At least one (1) regular design review board meeting shall be held each
month on a date selected by the board, unless there is no business to conduct. The
design review board may adopt and amend as necessary, Rules of Order ensuring
efficient and responsive board meetings.
G. Quorum. Three (3) of the members of the board, either regular members or two (2)
regular members and the alternate board member, shall be required to constitute a
3
quorum for the transaction of the business of the board and the affirmation vote of a
majority of those present is required to take any action.
H. Compensation of the Design Review Board. All members of the board shall serve as
such without compensation.
I. The design review board may adopt, and amend as necessary, Rules of Order to
ensure efficient and responsive board meetings.
Ord. 1838 § 53, 2005: Ord. 1794 § 2, 2003: Ord. 1625 § 1 (part), 1992).
Ord. No. 1882, Exh. A, § 94, 6-21-2010; Ord. No. 2006 , § 1, 5-2-2022)
Division 2. Addition to Chapter 2.16 of Municipal Code.
Sections 2.16.120 through 2.16.122 are hereby adopted and made a part of Chapter 2.16
Boards and Commissions) of the San Rafael Municipal Code as follows. Additions are
shown in underline.
2.16.120 Design review board – creation.
A design review board is created.
2.16.121 Design review board membership - compensation.
The design review board shall consist of a total of five (5) regular members and may
include one alternate member appointed by the city council. The design review board
members shall be qualified as follows:
1. At least two (2) members shall be licensed architects or licensed building
designers;
2. At least one member shall be a licensed landscape architect;
3. At least one of the five (5) members shall have background or experience in urban
design;
4. The alternate member may have qualifications in any of the above fields of
expertise;
5. All board members shall reside in the city of San Rafael; and
6. In addition to the five (5) council-appointed board members and one alternate
member, one planning commissioner shall attend board meetings. This liaison
planning commissioner shall be appointed by the commission chairperson. An
additional commissioner shall be appointed to serve as an "alternate liaison" in
case of absence. The planning commission liaison should be present at all design
review board meetings to offer advice and direction to the board on matters of
commission concern.
Alternate Member. The alternate member may temporarily fill a vacancy created when a
regular member: (1) leaves office prior to completion of the member's term; (2) cannot
attend a meeting; or (3) cannot participate on a particular matter due to a conflict of
interest.
The city council may establish compensation for members of the design review board by
resolution.
2.16.122 – Design review board powers and duties.
Subject to the direction and control of the city council, as provided in Section 2.04.030 of
this code, the powers and duties of the design review board shall be:
To serve as an advisory body to the city for the purpose of reviewing and formulating
recommendations on all major physical improvements requiring environmental and design
4
review permits, except that an alternate streamlined review process may be allowed for
certain eligible projects by ordinance or resolution of the city council.
To serve as an advisory body on other design matters, including minor physical
improvements or administrative design permits, referred to the board by the community
development director, planning commission or city council.
To provide professional design analysis, evaluation and judgment as to the
completeness, competence and appropriateness of development proposals for the use
and setting and to recommend approval, approval with conditions, redesign or denial
based on design standards adopted by the city council.
Division 2. Severability.
If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any
reason held to be invalid by a court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this Ordinance. The City Council hereby declares
it would have passed and adopted this Ordinance and each and all provisions hereof
irrespective of the fact that any one or more of said provisions be declared invalid.
Division 3. CEQA Determination.
This Ordinance makes only administrative changes to the operations of a City board and
is therefore exempt from the requirements of the California Environmental Quality Act
CEQA) under 14 Cal. Code Regs. §15061(b)(3), the common sense exemption, because
it can be seen with certainty that there is no possibility that the Ordinance may have a
significant effect on the environment.
Division 4. Publication; Effective Date.
This Ordinance shall be published once, in full or in summary form, before its final
passage, in a newspaper of general circulation, published, and circulated in the City of
San Rafael, and shall be in full force and effect thirty (30) days after its final passage. If
published in summary form, the summary shall also be published within fifteen (15) days
after the adoption, together with the names of those Councilmembers voting for or against
same, in a newspaper of general circulation published and circulated in the City of San
Rafael, County of Marin, State of California.
THE FOREGOING ORDINANCE was first read and introduced at a regular meeting of the
San Rafael City Council on the 19th day of September 2022, and was passed and adopted
at a regular meeting of the San Rafael City Council on the ___ day of _______ 2022 by
the following vote, to wit:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
KATE COLIN, Mayor
Attest:
LINDSAY LARA, City Clerk
RESOLUTION NO. 15130
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
APPROVING BYLAWS OF THE DESIGN REVIEW BOARD
WHEREAS, the City Council wishes to establish consistent rules and procedures for the
operation of its boards, commissions and committees, including the Design Review Board; and
WHEREAS, the Design Review Board bylaws in Exhibit A attached hereto are
recommended by staff and include specific rules and practices for the operation of the Board to be
consistent with recently approved bylaws for other City boards and commissions; and
WHEREAS, the attached bylaws include a provision for voluntary resignation of members
based on unexcused absences;
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby adopts the Design
Review Board Bylaws as set forth in Exhibit A.
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 City Council of the City of
San Rafael, held on Monday, the 19th day of September 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: DESIGN REVIEW BOARD BYLAWS
Design Review Board Bylaws
Page 1 of 2
DESIGN REVIEW BOARD BYLAWS
ARTICLE I. NAME AND PURPOSE
Section 1.1. Name. The name of this body shall be the City of San Rafael Design
Review Board, hereinafter referred to as the “Board.”
Section 1.2. Purpose. The Board shall serve as an advisory body to the city for the
purpose of reviewing and formulating recommendations on all major physical
improvements requiring environmental and design review permits, except that an
alternate streamlined review process may be allowed for certain eligible projects by
ordinance or resolution of the city council. The Board may also serve as an advisory body
on other design matters, including minor physical improvements or administrative design
permits, referred to the board by the community development director, planning
commission or city council. The Board shall provide professional design analysis,
evaluation and judgment as to the completeness, competence and appropriateness of
development proposals for the use and setting and to recommend approval, approval with
conditions, redesign or denial based on design standards adopted by the city council.
Section 1.3. Board Responsibility. The Board’s responsibilities shall be in accord with
these Bylaws, as amended from time-to-time by the City Council. The Board’s authority
is advisory only. The Board has no power to act on behalf of the City of San Rafael or
any other entity.
ARTICLE II. MEMBERSHIP
Section 2.1. Number of Members. The Board shall consist of a total of five (5) regular
members and may include one alternate member appointed by the city council. The
design review board members shall be qualified as follows:
1. At least two (2) members shall be licensed architects or licensed building
designers;
2. At least one member shall be a licensed landscape architect;
3. At least one of the five (5) members shall have background or experience in urban
design;
4. The alternate member may have qualifications in any of the above fields of
expertise; and
5. In addition to the five (5) council-appointed Board members and one alternate
member, one planning commissioner shall attend Board meetings. This liaison
planning commissioner shall be appointed by the commission chairperson. An
additional commissioner shall be appointed to serve as an "alternate liaison" in
case of absence. The planning commission liaison should be present at all design
review board meetings to offer advice and direction to the board on matters of
commission concern.
Alternate Member. The alternate member may temporarily fill a vacancy created when a
regular member: (1) leaves office prior to completion of the member's term; (2) cannot
Design Review Board Bylaws
Page 2 of 2
attend a meeting; or (3) cannot participate on a particular matter due to a conflict of
interest.
Section 2.2. Eligibility. Board members shall be residents of the city of San Rafael.
Section 2.3. Appointment of Board Members. Regular voting members and alternate
members shall be appointed by the City Council. Appointments shall be published on the
website for the City of San Rafael in accordance with Government Code Section 54973,
as amended from time to time.
The liaison Planning Commissioner shall be appointed by the Commission Chairperson.
An additional Commissioner shall be appointed to serve as an “alternate liaison” in case
of absence.
Section 2.4. Terms of Appointment. Each Board member shall serve a term of four
4) years. An effort will be made to ensure that the terms are staggered, and not all of the
appointments expire in the same year.
Section 2.5. Term Limits. Members of the Board shall be limited to three (3) consecutive
four-year terms. Additional terms may be served if there is a break between terms.
Section 2.6. Absence and Removal. An unexcused absence from two (2) consecutive
Board meetings without notification to the Staff Liaison shall be considered a voluntary
resignation from the Board. Previously dismissed Board members may be eligible for
reappointment to the Board. The members of the Board shall be subject to removal by
the affirmative vote of three members of the city council.
Section 2.7. Compensation. Board members serve without compensation.
ARTICLE III. MEETINGS
Section 3.1. Time and date of Regular Meeting. Notification of meeting place, date,
and time shall be rendered to the public through posting on the City of San Rafael website.
Regularly scheduled Board meetings shall be the first and third Tuesday of each month,
but these dates may be impacted by holidays. A schedule shall be approved annually by
the Board. The Board shall meet once per month. The schedule for the upcoming year
will be set by December of the previous year.
1
ORDINANCE NO. 2019
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING
SECTIONS 2.16.010 THROUGH 2.16.013 OF THE SAN RAFAEL
MUNICIPAL CODE RELATED TO THE FIRE COMMISSION
WHEREAS, Article VIII, Section 10 of the Charter of the City of San Rafael requires
the City Council to appoint a Board of Fire Commissioners of the City of San Rafael; and
WHEREAS, regulations governing the Board of Fire Commissioners of the City of
San Rafael are located in the San Rafael Municipal Code (SRMC) Sections 2.16.010
through 2.16.013 of Chapter 2.16 (Boards and Commissions); and
WHEREAS, staff recommends amending SRMC Section 2.16.011 (Board
membership-Compensation) by replacing the provision that members serve without
compensation with a provision that authorizes the City Council to establish their
compensation by resolution; and
WHEREAS, staff recommends removing the Commission’s duty to review, and
make comments and recommendations regarding the annual operating budget of the fire
department by deleting the applicable provision from the SRMC Section 2.16.013 (Trustee
powers and duties); and
WHEREAS, there are instances throughout the SRMC where masculine language
is used, and staff recommends amending the language to be gender-neutral; and
WHEREAS, staff recommends repealing Section 2.16.012 of the SRMC (Board
term of office and removal) in its entirety because it is duplicative of information set forth
in Article VIII, Section 10 of the San Rafael Charter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DOES ORDAIN AS FOLLOWS:
Division 1. Amendment of Municipal Code.
Sections 2.16.030 through 2.16.033 of Chapter 2.16 (Boards and Commissions) of the
San Rafael Municipal Code are hereby amended to read as follows. Additions are shown
in underline, and deletions are shown in strikethrough.
2.16.010 - Board of fire commissioners.*
A board of fire commissioners is created.
Ord. 889 § 2, 1967: Ord. 825 § 1, 1965: Ord. 422).
Fire commission—See San Rafael Charter, Art. VIII § 10.
2.16.011 - Board membership—Compensation.
The board of fire commissioners shall consist of five members appointed by the city
council, one of whom may be a councilman councilmember. The chief of the fire
department shall be an ex officio member of the commission, but shall not be entitled to
vote as a member of the commission. All members of the commission shall serve without
2
compensation. The city council may establish compensation for members of the board of
fire commissioners by resolution.
Ord. 889 § 3 (part), 1967).
2.16.012 - Board term of office and removal.
The members of the board of fire commissioners shall serve for a term of four years and
shall be subject to removal by the affirmative vote of three members of the council. The
terms of office of members of the commission shall be staggered in the manner provided
by resolution of the city council.
Ord. 889 § 3 (part), 1967).
2.16.013 - Board powers and duties.
Subject to the direction and control of the city council, as provided in Section 2.04.030 of
this code, the powers and duties of the board of fire commissioners shall be:
To review and recommend concerning the future needs of the fire department in respect
to long-range capital needs, including buildings, training facilities, and water mains and
hydrant replacements;
To review the relationship of the fire department with other governmental agencies and
private entities concerning topics which the commission feels present a true and pressing
need for the city's fire service, i.e., mutual aid and the fire rating system of the Independent
Insurance Office;
To review, comment and make recommendations regarding the annual operating budget
of the department;
To recommend to the fire chief and the city council action concerning initial adoption and
future amendments to the fire prevention code, the building code, and other such
ordinances which pertain to the prevention of fires within the community;
To receive monthly reports from the department head concerning the general operations
and functions of the department;
To perform such other duties as may be prescribed by the city council.
Ord. 1131 § 1, 1974: Ord. 889 § 3 (part), 1967).
Division 2. Severability.
If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any
reason held to be invalid by a court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this Ordinance. The City Council hereby declares
it would have passed and adopted this Ordinance and each and all provisions hereof
irrespective of the fact that any one or more of said provisions be declared invalid.
Division 3. CEQA Determination.
3
This Ordinance makes only administrative changes to the operations of a City commission
and is therefore exempt from the requirements of the California Environmental Quality Act
CEQA) under 14 Cal. Code Regs. §15061(b)(3), the common sense exemption, because
it can be seen with certainty that there is no possibility that the Ordinance may have a
significant effect on the environment.
Division 4. Publication; Effective Date.
This Ordinance shall be published once, in full or in summary form, before its final
passage, in a newspaper of general circulation, published, and circulated in the City of
San Rafael, and shall be in full force and effect thirty (30) days after its final passage. If
published in summary form, the summary shall also be published within fifteen (15) days
after the adoption, together with the names of those Councilmembers voting for or against
same, in a newspaper of general circulation published and circulated in the City of San
Rafael, County of Marin, State of California.
THE FOREGOING ORDINANCE was first read and introduced at a regular meeting of the
San Rafael City Council on the 19th day of September 2022, and was passed and adopted
at a regular meeting of the San Rafael City Council on the ___ day of ____ 2022 by the
following vote, to wit:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
KATE COLIN, Mayor
Attest:
LINDSAY LARA, City Clerk
RESOLUTION NO. 15131
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
APPROVING BYLAWS OF THE FIRE COMMISSION
WHEREAS, the City Council wishes to establish consistent rules and procedures
for the operation of its boards, commissions and committees, including the Fire
Commission; and
WHEREAS, staff recommends adoption of the Fire Commission Bylaws in Exhibit
A attached hereto, which include specific rules and practices for the operation of the
Commission to be consistent with recently approved bylaws for other City boards and
commissions; and
WHEREAS, the attached bylaws include a provision for voluntary resignation of
members based on unexcused absences;
WHEREAS, the attached bylaws include the policy on term limits as outlined in
Resolution 13681 limiting Commissioners to a maximum of two consecutive four-year term
limits;
WHEREAS, the attached bylaws include eligibility requirements of living in city limits.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby adopts the
Fire Commission Bylaws attached hereto as Exhibit A.
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 City
Council of the City of San Rafael, held on Monday, the 19th day of September 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: FIRE COMMISSION BYLAWS
Fire Commission Bylaws
Page 1 of 2
FIRE COMMISSION BYLAWS
ARTICLE I. NAME AND PURPOSE
Section 1.1. Name. The name of this body shall be the City of San Rafael Fire
Commission, hereinafter referred to as the “Commission.”
Section 1.2. Purpose. The purpose of the Fire Commission is to advise and support
the goals and objectives of the San Rafael Fire Department as articulated by the Fire
Chief.
Section 1.3. Commission Responsibility. The Commission’s authority is advisory
only. The Fire Commission has no power to act on behalf of the City of San Rafael or
any other entity.
Subject to the direction and control of the city council, as provided in Section 2.04.030 of
the San Rafael Municipal Code, the powers and duties of the Fire Commission shall be:
1. To review and recommend concerning the future needs of the fire department in
respect to long-range capital needs, including buildings, training facilities, and
water mains and hydrant replacements;
2. To review the relationship of the fire department with other governmental agencies
and private entities concerning topics which the commission feels present a true
and pressing need for the city's fire service, i.e., mutual aid and the fire rating
system of the Independent Insurance Office;
3. To recommend to the fire chief and the city council action concerning initial
adoption and future amendments to the fire prevention code, the building code,
and other such ordinances which pertain to the prevention of fires within the
community;
4. To receive monthly reports from the department head concerning the general
operations and functions of the department;
5. To perform such other duties as may be prescribed by the city council.
ARTICLE II. MEMBERSHIP
Section 2.1. Number of Members. The Commission shall consist of five (5) members,
one of which may be a Councilmember. The City Council has the authority to appoint
alternates as needed. The Chief of the fire department shall be an ex officio member of
the Commission but shall not be entitled to vote as a member of the Commission.
Section 2.2. Eligibility. Commissioners shall be residents of the city of San Rafael.
Fire Commission Bylaws
Page 2 of 2
Section 2.3. Appointment of Commissioners. Commissioners shall be appointed by
the City Council. Appointments shall be published on the website for the City of San
Rafael in accordance with Government Code Section 54973, as amended from time to
time.
Section 2.4. Terms of Appointment. Each Commissioner shall serve a term of four (4)
years. An effort will be made to ensure that the terms are staggered, and not all of the
appointments expire in the same year.
Section 2.5. Term Limits. Commissioners shall be limited to two (2) consecutive four-
year terms. Additional terms may be served if there is a break between terms.
Section 2.6. Absence and Removal. An unexcused absence from two (2) consecutive
Commission meetings without notification to the Staff Liaison shall be considered a
voluntary resignation from the Commission. Previously dismissed Commissioners may
be eligible for reappointment to the Commission. Commissioners shall be subject to
removal by the affirmative vote of three members of the city council.
Section 2.7. Compensation. Commissioners serve without compensation.
ARTICLE III. MEETINGS
Section 3.1. Time and date of Regular Meeting. Notification of meeting place, date,
and time shall be rendered to the public through posting on the City of San Rafael website.
The Commission shall meet once per month, unless there is no business to conduct, and
shall be scheduled annually. The schedule for the upcoming year will be set by December
of the previous year.
From: Responsible Growth Marin <info@rgmarin.org>
Sent: Tuesday, September 6, 2022 11:59 AM
To: Mayor Kate <kate.colin@cityofsanrafael.org>; Rachel Kertz <rachel.kertz@cityofsanrafael.org>;
Maribeth Bushey <maribeth.bushey@cityofsanrafael.org>; Eli Hill <eli.hill@cityofsanrafael.org>; Maika
Llorens Gulati <maika@cityofsanrafael.org>; Lindsay Lara <lindsay.lara@cityofsanrafael.org>
Cc: Alicia Giudice <alicia.giudice@cityofsanrafael.org>; Leslie Mendez
Leslie.Mendez@cityofsanrafael.org>; Jim Schutz <jim.schutz@cityofsanrafael.org>
Subject: Proposed changes to City Boards, Committees & Commissions (BCCs)
For Public Record
Dear Honorable Mayor and City Council Members,
I will not be able to attend tonight’s City Council meeting therefore I am writing to share my
questions and comments so hopefully there will be some discussion regarding the points raised
and this email is entered into the public record.
The City Council on 6/6/22 changed the composition of the BPAC (bicycle & pedestrian advisory
committee), reducing voting membership from 9 to 5, and the Parks & Recreation(P&R)
Commission, reducing voting membership from 7 to 5 voting members. The rationale was "to
have uniformity among City advisory committees, improve efficiencies in meetings, and have
inclusivity of experiences in our members, while remaining manageable”.
The City Council also deleted the P&R Commission's authority to review P&R budget and made
several changes to the San Rafael Code regarding composition of the Planning Commission, set
term limits, and allowed the City Council to set eligibility requirements, quorum, meeting
frequency, and compensation.
At this week's meeting the Council will continue this process with the 5-member Library Board
of Trustees (allows compensation, sets term limits, removes budget review authority), Design
Review Board (deletes code provisions on membership, term of office, removal or vacancy of
membership, meetings, quorum, and compensation and allow City Council to decide this by
resolution; sets term limits), and Fire Commission (similar changes).
While I totally support consistency and efficiencies across San Rafael Boards, Committees &
Commissions, I don’t understand the rationale to decrease the autonomy and decision-making
responsibility. One must wonder, isn’t it dangerous and antidemocratic to consolidate almost
all power in the hands of the City Council? Also, I question whether eliminating the quorum
requirement would allow by-passing Brown Act regulations?
I plan to see the video so if you are unable to answer my questions in tonight’s meeting, please
send me a written response.
I sincerely appreciate your consideration.
Respectfully,
Grace Geraghty
Terra Linda Resident - 36 years
EXHIBIT 2
DESIGN REVIEW BOARD MEETINGS for 2023
January 4 (Wednesday) – CANCELLED
January 18 (Wednesday) – CANCELLED
February 07 – CANCELLED
February 22 (Wednesday) – CANCELLED
March 07
March 21
April 04
April 18
May 02
May 16
June 06
June 21 (Wednesday)
July 05 (Wednesday)
July 18
August 08
August 22
September 06 (Wednesday)
September 19
October 03
October 17
November 07
November 21
December 05
December 19
Notes:
• All DRB meetings are the 1st and 3rd Tuesday of each month,
starting with the first full week (a week includes a Monday).
• All dates above are Tuesdays unless there is a holiday on
Monday that week, then the DRB meeting gets pushed to
Wednesday for that week.
1 Exhibit 1
DESIGN REVIEW BOARD
RULES OF ORDER
1. Authority to Adopt Rules of Order
The establishment, organization and membership of the Design Review Board are
prescribed by City of San Rafael Municipal Code (City Code). These Rules of Order are
hereby adopted by the Board, as prescribed under City Code Sections 2.16.120 through
2.16.122 to ensure conduct of efficient and responsive meetings, and provide guidance
to the Board, staff, applicants and the general public as to how business before the
Board shall be conducted. In addition, City Code Section 14.25.070 includes provisions
for streamlined review of certain residential projects.
2. Organization and Officers
A. ELECTION OF OFFICERS. A Chair and Vice-Chair shall be elected from among the
Board’s membership at a regular meeting held during the month of December. It is
intended that the Chair and Vice-Chair shall be rotated among the Board based on
tenure, as defined by total years of service. The Board may establish a standing rotation
of officers, based on tenure and years between service as Chair and Vice-Chair. The
rotation and new officers shall be confirmed by majority vote of the Board at the regular
meeting held for election of officers.
B. TERMS OF OFFICE. The Chair and Vice-Chair shall serve for a term of one year,
beginning the first regular meeting in January. The Vice-Chair shall serve in the
absence of the Chair, and generally shall serve as Chair in the following year.
C. PRESIDES AND POINTS OF ORDER. The Chair shall preside at all meetings,
preserve order, decide all points of order, see that all actions of the Board are properly
taken, and assist staff in determining agenda items. The following other duties shall be
assigned to the office of the Chair:
1. The Chair, with the concurrence of a majority vote of the Design Review
Board, may create such special sub-Committees as it may, from time to time,
deem necessary or desirable.
2. The Chair shall represent the Design Review Board before the City Council, if
called upon. The Chair may appoint any member to appear on his or her
behalf.
3. In the event of absence or disability of the Chair, the Vice-Chair shall preside.
In the absence of both, the members shall appoint a chair for that meeting.
D. LIAISON TO STAFF. When it is deemed appropriate to do so, the Chair shall
appoint one member of the Design Review Board, or a subcommittee of up to two board
members, in order to review staff approvals of projects that have been reviewed by the
Board or as otherwise requested by the Secretary to the Board.
E. VACANCIES. Vacancies of the Board for other than expiration of term will be filled
by appointment for the un-expired portion of the term. A permanent vacancy by the
Chair or Vice-Chair shall be filled based on tenure or per the approved rotation schedule
and confirmed by a vote of the Board prior to conducting business at the next regular
2 Exhibit 1
meeting. Officer(s) elected to serve the remainder of a partial term may be re-elected
for a full-term the following year.
F. ALTERNATE MEMBER. The alternate Board member will receive all staff reports
and materials delivered to the Board, and shall sit at the dais with the Board members
and Planning Commission Liaison. When the alternate member is not acting as a
regular member (i.e., filling a vacancy created due to an absence or abstention of a
regular member), the alternate may participate in the discussion to ask questions and
make suggestions to the Board for their consideration, but will not vote or provide formal
recommendations and his/her comments will not be included in the Boards consensus
items.
3. Secretary to the Board
The Community Development Director or his/her designee shall be the Secretary of the
Design Review Board. The Secretary shall prepare copies of the Design Review Board
agenda and deliver the agenda, together with any other reports, materials and
communications pertaining to the matters on the agenda, on the Fridays before the
scheduled meeting. The Secretary shall attend all meetings of the Design Review
Board. The Secretary shall prepare reports and gather such information as may be
necessary for the Design Review Board to conduct its business.
4. Design Review Process
The Design Review Board offers a two-tiered review process for projects requiring a
recommendation from the Board: I.e., an informal Concept Review and a formal Design
or Decision Review. The level of review required for a project application shall be as
established by the Municipal Code or determined by the Community Development
Director.
CONCEPTUAL REVIEW
The purpose of the conceptual review is to give the applicant an evaluation of the
basic design approach proposed for a project. This is typically an informal
critique of the project conducted in a workshop format. No consensus vote by the
Board is required. The applicant will work with staff to obtain a summary or
access to video of the meeting comments.
FORMAL DESIGN/DECISION REVIEW
The purpose of formal review is to evaluate a completed project application for
consistency with applicable criteria and provide a recommended action and
conditions to the decision-making body, as required (i.e., Staff, Zoning
Administrator, Planning Commission or City Council).
5. Meetings and Agendas
A. REGULAR MEETINGS. Regular meetings of the Design Review Board will be held
twice per month on Tuesdays following City Council meetings, beginning at 7:00 PM.
B. SPECIAL MEETINGS. Special meetings for any purpose may be held on the call of
the Chair or of three members of the Design Review Board. Such meetings shall be
3 Exhibit 1
duly noticed by the Secretary in accordance with the provisions of City and State law.
Such meetings shall be open to the public.
C. CONTINUED MEETINGS. In the event the Board wishes to adjourn its meeting to a
certain hour on another day, a specified date, time, and place must be set by a majority
vote of the members present, prior to the regular motion to adjourn.
D. ADJOURNED MEETINGS. The Chair shall adjourn the meeting following the conduct
of all business on the agenda.
E. PLACE OF MEETINGS. Meetings shall be held in the City Council Chamber or at
another public place in the community.
F. QUORUM. A quorum of the Design Review Board shall consist of three
members. A quorum will be necessary to conduct business.
G. MEETING AGENDA. The Secretary shall prepare and deliver an agenda at least
five (5) calendar days prior to each Design Review Board meeting.
H. AGENDA ORDER. A change in order of the Design Review Board agenda shall be
determined by the Secretary and the Chair of the Design Review Board. The listing of
matters of business shall normally be in the following order:
1. Call to Order
2. Staff and Board communications
3. Approval of Minutes
4. Consensus Items
5. Old Business
6. New Business
7. Other Board Business
8. Adjournment
6. Voting & Abstention or Disqualification
A. MAJORITY VOTE. All official recommendations and decisions by the Board shall
require a majority vote of those present at the meeting.
B. ABSTENTION/DISQUALIFICATION. An abstention on any vote shall only be allowed
for a conflict of interest by a member in accordance with the State Political Reform Act
and other applicable state law. A disqualified member shall leave the voting area prior to
consideration of the matter.
C. CHANGE OF VOTE. A member may change his or her vote after the roll has been
completed before the announcement of the result.
7. Conduct of Meetings
A. PUBLIC RECOGNIZED. NO person shall be permitted to speak unless recognized
by the Chair, who may permit persons to speak on any matter properly before the
Board.
4 Exhibit 1
B. PROCEDURE OF PRESENTATION. Agenda Items before the Design Review Board
shall be presented and heard in the following manner:
1. Chair shall announce the agenda item. If a request for continuance is made, a
motion may be made and voted to continue the meeting to a date specified or
unspecified. Re-notice shall be required if continued to a date unspecified.
2. Presentation by staff; limited to five (5) minutes, and extended at Chair’s
discretion.
3. Public meeting is opened.
4. Presentation by applicant; limited to ten (10) minutes, and extended at Chair’s
discretion. The Board may have questions of the applicant regarding the
project materials or applicant presentation after completion of the applicant’s
presentation.
5. Comments from the public, where appropriate; limited to three (3) minutes per
speaker, which may be reduced or extended at Chair’s discretion. If there are
numerous speakers, the Chair may request that a spokesperson be selected
for the entire group and that comments not be repeated.
a. All comments or questions shall be addressed through the Chair.
b. The Chair may limit the number of speakers or the time on a particular
issue to avoid unnecessary repetitive evidence.
c. Irrelevant, defamatory, or disruptive comments will be ruled out of order.
6. Questions from Board members of the applicant, staff, public or other meeting
participant, with responses by the appropriate participants.
7. Public meeting is closed.
8. The applicant may provide responses to any concerns or questions raised by
the public for benefit of the Board in its deliberation and discussion of the
matter.
9. Comments on the project are made by each Board member. The Chair
selects a member to comment first, and may elect to be the last to provide
comment.
a. Comments on conceptual review should focus on the over-all design
approach.
b. Comments on a formal review requiring a decision by the Board will
focus on the recommendation to approve or deny the project and any
conditions of approval or design changes which the Board
recommends.
10. Follow-up Discussion. Before the Board concludes its discussion and votes
on the project, the following opportunities shall be provided to the applicant
and Board:
a. The applicant shall be given an opportunity to indicate willingness to
make specific changes to the project, or discuss any recommended
revisions, or to respond to questions, or to seek further clarification.
b. A Board member shall have the opportunity to consult with other Board
members, staff and meeting participants, to consider whether members
wish to revise, support, or not support any comments made based on
the discussion, and in order to reach a consensus.
11. Comments or conditions are summarized by the Secretary, and a list of the
consensus items is identified. Further discussion with the Board members
may occur if needed to finalize the list of consensus items, directed through
the Chair.
5 Exhibit 1
12. Vote is taken on an action requiring a formal decision or recommendation by
the Board. Staff liaison to the Board shall summarize the vote. No vote is
taken on Concept level review items.
C. OBJECTIVITY. Participants, including the public, staff, Board members and
applicants, will strive to focus comments on design matters and relate comments to
issues of consistency with established design criteria. Comment on individual design
“preferences”, or the motivation or qualifications of other participants, or land use issues
that will be considered by the decision-making authority should be avoided; but
recognizing that many issues are based on the professional experience and subjective
considerations of the Board members in an effort to provide a better design. As noted
above, comments by all participants shall be respectful and in a civil manner.
D. DECISIONS / ACTIONS. The Board’s comments and/or recommendations shall be
recorded as follows:
1. An action requiring a formal decision or recommendation by the Board shall
be formulated in a motion and approved by a majority vote of the members
present. A motion must be made and seconded, and may be debated prior to
call of a vote on the decision. An amended motion shall be affirmed by a
second of the amended motion. The vote will result in the following outcomes:
a. A motion shall fail due to lack of a second or a majority vote affirming
the motion.
b. If a positive recommendation is made, this will be transmitted as
indicated in Section 8.
c. If the Board does not provide a positive recommendation, the applicant
may proceed to the decision making body with a negative
recommendation or may accept a continuance for redesign to address
the comments of the Board. The applicant may re-appear before the
Board two times following initial formal review, after which time the
Board will make a final positive or negative recommendation unless the
Board, applicant and staff agree to further continuances to address
outstanding design issues.
2. On Conceptual Review matters or discussion items, a vote and decision on
the project is not made.
3. Items listed on consent do not require formal discussion, and may be acted
on by motion and vote of a majority of the members present.
8. Transmittal to City Council, Planning Commission and Zoning
Administrator
Decisions on matters that are being forwarded to the Zoning Administrator, Planning
Commission and/or City Council from the Design Review Board shall include the
majority recommendation that has been affirmed by a vote of the Design Review Board.
9. Parliamentary Procedure
Robert's Rules of Order shall be followed in all cases not in conflict with these rules.
6 Exhibit 1
10. Review, Amendment and Suspension of Rules
A. No rule of procedure may be suspended except by unanimous vote of those
members present. A motion to suspend the rules shall be decided without debate.
Inconsistent procedure, without objection, implies suspension. Any member may object
to inconsistent procedures and require a return to the adopted rules.
B. These Rules and Procedures shall be reviewed at the first meeting of each year
to consider any updates and assure consistency with the adopted City design criteria.
The rules may be amended at any meeting by a majority vote of the Board provided that
each member has received a notice of proposed amendments at least 5 days prior to
the meeting.