San Rafael City Council
1400 Fifth Avenue, San Rafael, CA 94901
November 29, 2024
Re: Northgate Town Square Project entitlements
Dear Council,
You are about to approve one of the largest housing and commercial developments in Marin County.
I and other members of Responsible Growth in Marin and the North San Rafael community support the redevelopment of Northgate Mall into mixed use housing and retail. We have serious concerns, however, about the City’s rush to approve this project without sufficient safeguards for the health and safety of San Rafael residents.
The applicant’s EIR studies, upon which this approval will be based, claim that there will be no unmitigated adverse effects on schools and City fire, police and emergency services, and that traffic will actually decrease from traffic compared to the approved use as a fully functional shopping center. Based on staff recommendations, you are advised not to require any further studies to determine if their claims actually prove to be true when this project is built and occupied.
Before approving this project, these are factors that you must consider:
1) Northgate Mall has not been a fully functioning shopping center for over twenty years. The last time that parking lots were full (with the resulting traffic conditions of a fully occupied shopping center) was several decades ago during the 2-3 weeks periods before Christmas when Emporium, Mervyn’s and SEARS were thriving. Traffic counts from that time, if they exist, would show what traffic conditions will be year-round when this project is built and occupied. 2) Even with Northgate Mall far below full function (for example, a rarely visited Restoration Hardware warehouse does not compare with a thriving SEARS store), San Rafael’s General Plan 2040 (GP2040) notes that the following intersections and road segments do not meet City standards of Level of Service D (LOS D) and function at worse levels of traffic (GP2040, M2.5) :
a. Freitas at Civic Center/Redwood Highway –LOS E
b. Merrydale at Las Gallinas Avenue (PM peak only) –LOS E c. Freitas Parkway and Northgate Drive (PM peak only) –LOS E d. Merrydale at Civic Center Drive (AM peak only)—LOS F e. Freitas Parkway from Las Gallinas to Del Presidio—LOS E f. Del Presidio from Las Gallinas to Freitas –LOS F
3) What does this mean?
a. LOS E at a signalized intersection means a delay of 55-80 seconds. LOS E on a road (arterial) means average speed of 7-9 mph.
b. LOS F at an intersection means a delay of more than 80 seconds, with no upper limit to the length of delay.
LOS F on a road (arterial) mean speeds under 7 mph down to 0 mph, i.e., stopped traffic or gridlock. (GP2040, page 10-15)
c. Please note that at the time of adoption of GP2040, there was discussion of whether “degrees” of LOS F should be defined, but these were not included in LOS standards.
Therefore, LOS F has no upper boundary in terms of how long intersection delay can be.
Nor is there any boundary on how many hours gridlock conditions can exist on road segments.
4) These LOS “exceptions” give a far clearer picture of actual traffic conditions around the proposed Northgate project that the applicant’s traffic studies, which are based on national statistics of traffic at prosperous shopping malls.
5) The applicant’s traffic studies also give no projections about the effects of the three adjacent roundabouts planned for Freitas Parkway, one of which is presently going out for bid.
The conclusion from the above facts is: None of us have any real idea of how this project will affect traffic conditions around Northgate. Contrary to assertions by the applicant and City staff, the traffic studies supporting the EIR have little or no relevance to what is actually going to be happening on the ground as this project is occupied.
What do you need to ask yourself?
1) What level of traffic congestion do we think residents should live with? What are “safe” levels of traffic congestion for the community?
a. How will we verify whether the “no impact” or “decreased impact” in the applicant’s projections are true in reality as the project is built? b. How will we assess the impacts of the changes in circulation from the three planned traffic circles?
c. For comparison what are the current delay times and road speeds, including those on the LOS “excepted” intersections and road segments?
d. Should these current LOS conditions be maintained at intersections and road segments around Northgate?
e. If traffic conditions are to be allowed to degrade around Northgate, how much should they be permitted to degrade? Should all intersections and road segments be allowed to degrade to LOS F? For how many hours during the day should degraded LOS conditions be permitted?
f. How will we determine what future mitigations would be needed for degraded traffic conditions?
2) Who bears responsibility for assessing and potentially mitigating future traffic conditions? Will it be solely the City’s responsibility to do traffic studies and fund any needed mitigations? Your actions at this meeting:
You must decide whether you will allow this project to proceed without any conditions that the applicant conduct future on-the-ground traffic studies as Phase 2025 and Phase 2040 are completed and occupied.
You commit the City to bearing the full responsibility for any future traffic circulation conditions and any mitigations that may be required to ensure the safety of San Rafael residents.
OR
You must condition the project’s Master Use Permit with requirements to assess the actual traffic impacts of the project at the completion and occupancy of each phase of the project (2025 Master Plan and 2040 Vision Plan), using updated traffic studies based on actual contemporaneous traffic counts prepared by a licensed Traffic Engineer approved by the City and funded by the Project sponsor. Conditions of approval need to require assessment of LOS (Level of Service) conditions on surrounding road segments and intersections as well as bypass traffic/diversions through contiguous Terra Linda neighborhoods and recommendations for any necessary road improvements, signalization, traffic calming or other traffic mitigation measures.
Conditions of approval need to require the project sponsor to post security (e.g., letter of credit, cash deposit) to fund the follow-up traffic studies and to contribute to mitigations including road improvements, signalization, traffic calming, and other traffic control measures deemed necessary.
LOS standards cannot be used for CEQA determinations, but they can and should be used in specifying conditions for project approval.
This is not just a matter of convenience for residents of Terra Linda and adjacent communities. It is a matter of health and safety. As our elected representatives, you must verify the actual effects of this massive project as it progresses. You must determine what are acceptable levels of traffic congestion to allow for emergency response times and safe evacuation. You bear responsibility for the lives of your constituents during disasters. It is a heavy responsibility which I hope you take seriously and act accordingly.
I strongly recommend that you condition the Master Use Permit for this project with requirements for follow-up traffic studies.
Sincerely,
Shirley R. Fischer
Member, North San Rafael Vision Committee, 1996-97
Co-chair, Town Center Committee, North San Rafael Vision in Action Committee, 1998-2003 North San Rafael Promenade on Merrydale Citizen Advisory Group, San Rafael Department of Public Works, 2016-2018
Team leader, Responsible Growth in Marin, 2019-present
San Rafael Citizen of the Year, 2021
-----Original Message-----
From: Ann Brooks
Sent: Friday, November 29, 2024 6:01 PM
To: Distrib- City Clerk <[email protected]> Subject: Northgate Development Proposal
To the San Rafael City Council,
I wish to be counted as fully supporting Alan Jones' Comments and Suggestions for the Current Northgate Development Proposal dated November 29, 2024.
Both functionally and aesthetically the Northgate Proposal supports a culture from the mid Twentieth Century, from the past. If built as proposed by the shopping center developer it will become a slum in Marin’s midst in short order.
Please slow down and revise the project as suggested during the Planning Commission’s September 24th hearing on the project, suggestions by Responsible Growth in Marin, and in the spirit of Alan Jones’ model of an alternative proposal.
Thank you.
Ann Brooks
San Rafael
Former member
Larkspur Design Review
From:
Sent: Saturday, November 30, 2024 1:43 PM
To: Distrib- City Clerk <[email protected]> Subject: For Public Comment
The increase in traffic from the Northgate Redevelopment Project will exacerbate the already dangerous congested traffic conditions. I am dismayed and disbelieving when I hear the claim that traffic will be no worse than it was when the mall was fully occupied.
There will be hundreds of households in the space once occupied by the mall, and instead of having traffic come and go all day, as it would with a mall, those households will result in surges of traffic in the morning and evening as residents go to school and work and then return home. Those intense surges will completely lock up our already jammed local streets and access/exit ramps to 101.
I request that follow-up traffic studies be required at the completion of each phase of the Northgate Project. The updated traffic studies must be based on actual traffic counts prepared by a licensed traffic engineer, approved by the City and funded by the project sponsor. This must be ‘included as a condition in the Project Entitlements’**. Thank you for keeping Terra Linda residents safe and for your consideration to this important community concern.
Thanks,
Anne-Christine
Anne-Christine Strugnell
“I just want to urge you all to have a good time while you are fighting for freedom.
First of all, we don’t always win, and it might get to be the only fun you’ll ever have.
And second of all, it’s a better way to live.” – Molly Ivins From: Alan Jones
Sent: Friday, November 29, 2024 11:19 AM
To: Distrib- City Clerk <[email protected]> Subject: Northgate Comments for City Council 11-2-24
Attached please find Comments Document together with a copy of a petition and two photographs of Northgate models. Please include is the packet for Councilmembers for the December 2 meeting. Thanks! --Alan Jones
To: City Council, City of San Rafael November 29, 2024
From: Alan Jones, Architect, San Rafael CA .94903
Comments and Suggestions for the Current Northgate Development Proposal.
The application documents for the proposed Northgate development have the stated aim to create “a mixed use pedestrian oriented development.” This is a noble aim, and one which I fully support and which would likely receive the support of many of the 115 current Villa Marin residents who signed our petition dated August 26, 2024, a copy of which I attach. Sadly, the resulting proposal falls far short of achieving even the most basic elements which should be a part of such a development.
The owners and applicants are experienced in managing shopping malls across the country. While that may lend credibility to their proposed role as a developer of this project, it does not testify to their ability to create an effective mixed use development which will become a vital part of the San Rafael community. Sadly, it appears that their priority solution to a development problem is what one might expect from a shopping mall owner: plunk down a big box to enclose a certain amount of space and surround it with streets and parking.
There is a reason why they have not and will not show you a model of their proposal. I have built a model and I know that the buildings are massive and the “courtyards” and “streets” are more like light wells and wind tunnels. The attached photo of my model, while of an earlier scheme, illustrates this point well.
The “town homes” are, if anything, more constricted and limited. The architectural style reminds me of the barracks at Fort Ord that I experienced when I was in basic training years ago. Nearly all the open area between the buildings is taken up by cars and parking. Furthermore, as compensation for the lower density in these areas, they ae requesting to add height to an adjacent massive building.
It doesn’t have to be this way, as my model of an alternate scheme demonstrates. This scheme was sent to the developer in February of 2024 and shared with Mayor Colin and Councilmember Kertz on their visit to Villa Marin this summer.
Indeed, Villa Marin itself, designed by local architect Thomas Telfer in 1985, is a beautiful example of how to accommodate high density residential occupancy with grace and beauty.
Detailed comments on the current proposal and suggested alternatives have been presented in writing to the Planning Commission. As it is late in the process I won’t speak here of these concerns but invite you to review them in the records of the Planning Commission’s September 24th hearing on this project.
Even at this late stage, however, you can and must postpone approval of this project and request of the developer the following changes:
1. The developer should be required to comply with all the fair and legitimate suggestions being made by Responsible Growth in Marin on advice of their legal counsel.
2. The Environmental Impact Report should be revised to include a reasonable starting point which reflects existing conditions in Northgate. The present starting point, based on a false and fictitious fully functional mall, is misleading as was noted in testimony before the Planning Commission. The mall has not been for many years, before or since Covid, a vital and fully functioning commercial facility. Such a revised EIR is likely to support the views of many neighbors that the impacts of the development on traffic and public services should be addressed by the developer.
3. Prior to approval plans for the first phase of development should be revised to exclude the theater complex. As you are no doubt aware, the current tenant for the theater complex has closed their facility in Northgate. They are a major Northern California vendor and their tenancy is unlikely to be replaced by another. Rather than approve a project which will soon be changed, you must ask the applicant to “go back to the drawing board” and present a proposal now that corresponds to what will likely get built.
I’ve been told that your “hands are tied” by the new State laws regarding housing quotas. I would suggest, however, that the above suggestions are prudent and reasonable and well within your power to enact. If you fail to ask for these changes, the project may well stumble ahead to full or partial completion and leave a legacy of which you will truly not be proud. At best it will merely be an eyesore and, at worst, it may become the failed project that finally persuades the State legislature that they have overstepped their authority in allowing developers to ignore reasonable local regulations.
Attachments: 1) Copy of Petition dated 8/16/24; 2) Photo of model of developer’s proposal; 3) Photo of model of alternative proposal.
-----Original Message-----
From: Antonina Markoff
Sent: Wednesday, November 27, 2024 4:53 PM
To: Distrib- City Clerk <[email protected]> Subject: Public Comment: Support for the Northgate Town Square Dear City Council members,
I am writing to you today in support of the Northgate Town Square housing project. I urge you to vote to approve the project at the December 2nd meeting.
Marin needs to be more accessible for moderate to low income families and individuals. This project directly addresses the housing crisis by providing affordable units, with some home ownership opportunities in addition to rentals. Additionally, the plans include accessible units that are compliant with updated ADA guidelines, which will provide housing options for those with disabilities.
This project will add community vibrancy. The plans include retail, a community green space, and restaurants. The mall as it is now, is an underutilized building with few open stores and an excess of empty parking. This project would immensely improve it to create a true utilized community space.
There are also positive environmental components to developing mixed use buildings. The Northgate Mall is already developed land, and urban infill is the most environmentally friendly option for new developments. This project is in a transit dense area, it will improve bike infrastructure - which will lead to decreased car dependency, and all the housing units are 100% electric. As we continue to combat climate change and environmental concerns, it is imperative to build housing that mitigates these issues.
This project will do so.
This project is much needed for the community and Marin County as a whole. I encourage your vote of approval.
Sincerely,
Antonina Markoff
From: Corrine Kasman
Sent: Saturday, November 30, 2024 9:25 AM
To: Distrib- City Clerk <[email protected]> Subject: For Public Comment
Hello Mayor Colin and Council Members,
The increase in traffic from the Northgate Redevelopment Project will exacerbate the already dangerous congested traffic conditions. I request that follow-up traffic studies be required at the completion of each phase of the Northgate Project. The updated traffic studies must be based on actual traffic counts prepared by a licensed traffic engineer, approved by the City and funded by the project sponsor. This must be ‘included as a condition in the Project Entitlements’**.
Thank you for keeping Terra Linda residents safe and for your consideration of this important community concern.
Corrine
From: Candiece Milford
Sent: Saturday, November 30, 2024 6:59 AM
To: Distrib- City Clerk <[email protected]> Cc: Candiece Milford
Subject: For Public Comment
The increase in traffic from the Northgate Redevelopment Project will exacerbate the already dangerous congested traffic conditions, particularly when there are multiple, large residential projects elsewhere in Terra Linda either approved or in the process of being approved.
I request that follow-up traffic studies be required at the completion of each phase of the Northgate Project. The updated traffic studies must be based on actual traffic counts prepared by a licensed traffic engineer, approved by the City and funded by the project sponsor. This must be ‘included as a condition in the Project Entitlements’.
Thank you for keeping Terra Linda residents safe and for your consideration of this vital community safety concern especially since Terra Linda has the largest aging population in the entire Bay Area.
Sincerely,
Candiece Milford
Quail Hill Townhomes
San Rafael
From: Haruko Johnston
Sent: Saturday, November 30, 2024 9:00 AM
To: Distrib- City Clerk <[email protected]> Subject: For Public Comment
To whom it may concern:
The increase in traffic from the Northgate Redevelopment Project will exacerbate the already dangerous congested traffic conditions. I request that follow-up traffic studies be required at the completion of each phase of the Northgate Project. The updated traffic studies must be based on actual traffic counts prepared by a licensed traffic engineer, approved by the City and funded by the project sponsor.
This must be ‘included as a condition in the Project Entitlements. Thank you for keeping Terra Linda residents safe and for your consideration to this important community concern.
Best regards,
Haruko Johnston
From: Judith Bloomberg
Sent: Friday, November 29, 2024 3:43 PM
To: Distrib- City Clerk <[email protected]> Subject: Public Comment: Support for the Northgate Mall Redevelopment Project Dear City Council members,
I am writing to you today in support of the Northgate Mall housing project. I urge you to vote to approve the project at the December 2nd meeting.
I have lived in the City of San Rafael for over 36 years and have been a leader in the Marin Organizing Committee since its founding. Those of us who are lucky to own our own homes in the City of San Rafael (which includes the Terra Linda area), and were able to purchase back in 1980’s, and 1990’s now find that our own adult children could never afford a home here.
Marin is still a very segregated area. When Joseph Eichler decided to build his houses in the Terra Linda area from 1955 to 1965, he specifically also made it a policy not to restrict the sales of his homes based upon the race or ethnicity of the individual buyer. While a noble goal, the reality is that many people of color were deliberately precluded from owning homes in Marin County. Marin needs to be more accessible for moderate to low income families and individuals.
The Merlone Geier Northgate Mall project directly addresses the housing crisis by providing affordable units, with some home ownership opportunities in addition to rentals. Additionally, the plans include accessible units that are compliant with updated ADA guidelines, which will provide housing options for those with disabilities. The plans include retail, a community green space, and restaurants. The mall as it is now, is an underutilized building with few open stores and an excess of empty parking. This project would add a new community park with many social opportunities for seniors, young adults and families.
There are also positive environmental components to developing mixed use buildings. The Northgate Mall is already developed land, and urban infill is the most environmentally friendly option for new developments. This project is in a transit dense area, it will improve bike infrastructure - which will lead to decreased car dependency, and all the housing units are 100% electric. We need to have the people who work in Marin County and in the City of San Rafael be able to afford to live here as well as the alternative would lead to a less vibrant San Rafael.
.
Please vote for approval of this project.
Sincerely,
Judith Bloomberg
From: jack fischer
Sent: Saturday, November 30, 2024 12:22 PM
To: Distrib- City Clerk <[email protected]> Subject: For Public Comment
Hello Mayor Colin,
While my family and I have only lived in San Rafael/ Terra Linda for the last 3 years I feel that I may have sufficient point of view regarding the Northgate Redevelopment Project to comment on this proposal.
I have seen the result of the high schools recent and continuing building project especially in the mornings and at the end of the school day.
Given this it is not hard to extrapolate forward to what the traffic will be like when full occupancy is achieved in the newly built housing.
This increase in traffic in an already congested area will not be safe for the Terra Linda residents. The safety for the residents will be severely impacted especially if there are any natural or otherwise disasters that require evacuations! I am along with many of my neighbors alarmed and are seriously requesting a traffic study that is based on actual traffic counts prepared by a licensed traffic engineer approved and funded by the project sponsor.
We also request follow up traffic studies at the completion of each phase of the project .
This must be included as a condition in the Project Entitlements.
Sincerely,
The Fischer family
jack fischer
Jack Fischer Gallery
From: Jennifer Levine
Sent: Thursday, November 28, 2024 11:00 AM
To: Distrib- City Clerk <[email protected]> Cc: MEHC - Marin Environmental Housing Collaborative <[email protected]> Subject: Support for Northgate Town Square housing project Dear City Council members,
I am writing to you today in support of the Northgate Town Square housing project. I urge you to vote to approve the project at the December 2nd meeting.
Marin needs to be more accessible for moderate to low income families and individuals.
This project directly addresses the housing crisis by providing affordable units, with some home ownership opportunities in addition to rentals. Additionally, the plans include accessible units that are compliant with updated ADA guidelines, which will provide housing options for those with disabilities.
This project will add community vibrancy. The plans include retail, a community green space, and restaurants. The mall as it is now, is an underutilized building with few open stores and an excess of empty parking. This project would immensely improve it to create a true utilized community space.
There are also positive environmental components to developing mixed use buildings. The Northgate Mall is already developed land, and urban infill is the most environmentally friendly option for new developments. This project is in a transit dense area, it will improve bike infrastructure - which will lead to decreased car dependency, and all the housing units are 100% electric. As we continue to combat climate change and environmental concerns, it is imperative to build housing that mitigates these issues. This project will do so.
This project is much needed for the community and Marin County as a whole. I encourage your vote of approval.
Sincerely,
Jen Levine
From: John Milford
Sent: Saturday, November 30, 2024 8:11 AM
To: Distrib- City Clerk <[email protected]> Subject: For Public Comment - Northgate Redevelopment Project Please mandate follow-up traffic studies based on actual traffic counts prepared by a licensed traffic engineer be required at the completion of each phase of the
Northgate Project. This must be included as a condition in the Project Entitlements. The increase in traffic from the Northgate Redevelopment Project is certain to aggravate traffic conditions, particularly when the additional residential projects in Terra Linda are approved.
Note: Terra Linda has the largest aging population in the entire Bay Area, needing extra traffic safety measures. ~JM
John Milford
San Rafael, CA 94903-3541
From: Josh Rege
Sent: Friday, November 29, 2024 10:24 PM
To: Distrib- City Clerk <[email protected]> Subject: For Public Comment
The increase in traffic from the Northgate Redevelopment Project will exacerbate the already dangerous congested traffic conditions. I request that follow-up traffic studies be required at the completion of each phase of the Northgate Project. The updated traffic studies must be based on actual traffic counts prepared by a licensed traffic engineer, approved by the City and funded by the project sponsor.
This must be ‘included as a condition in the Project Entitlements’**. Thank you for keeping Terra Linda residents safe and for your consideration to this important community concern.
Thank you,
Josh Rege
San Rafael, CA 94893
-----Original Message-----
From: Lorrie Goldin
Sent: Friday, November 29, 2024 7:09 AM
To: Distrib- City Clerk <[email protected]> Subject: Public Comment: Support for the Northgate Mall Redevelopment Project Dear City Council members,
I am writing to you today in support of the Northgate Mall housing project. I urge you to vote to approve the project at the December 2nd meeting.
Marin needs to be more accessible for moderate to low income families and individuals. This project directly addresses the housing crisis by providing affordable units, with some home ownership opportunities in addition to rentals. Additionally, the plans include accessible units that are compliant with updated ADA guidelines, which will provide housing options for those with disabilities.
This project will add community vibrancy. The plans include retail, a community green space, and restaurants. The mall as it is now, is an underutilized building with few open stores and an excess of empty parking. This project would immensely improve it to create a true utilized community space.
There are also positive environmental components to developing mixed use buildings. The Northgate Mall is already developed land, and urban infill is the most environmentally friendly option for new developments. This project is in a transit dense area, it will improve bike infrastructure - which will lead to decreased car dependency, and all the housing units are 100% electric. As we continue to combat climate change and environmental concerns, it is imperative to build housing that mitigates these issues.
This project will do so.
This project is much needed for the community and Marin County as a whole. I encourage your vote of approval.
Sincerely,
Lorrie Goldin
San Anselmo
Sent from my iPhone
-----Original Message-----
From: Linda McKee
Sent: Friday, November 29, 2024 7:31 PM
To: Distrib- City Clerk <[email protected]> Subject: Public Comment: Support for the Northgate Mall Redevelopment Project Dear City Council members,
I am writing to you today in support of the Northgate Mall housing project. I urge you to vote to approve the project at the December 2nd meeting.
Marin needs to be more accessible for moderate to low income families and individuals. This project directly addresses the housing crisis by providing affordable units, with some home ownership opportunities in addition to rentals. Additionally, the plans include accessible units that are compliant with updated ADA guidelines, which will provide housing options for those with disabilities.
There are also positive environmental components to developing mixed use buildings. The Northgate Mall is already developed land, and urban infill is the most environmentally friendly option for new developments. This project is in a transit dense area, it will improve bike infrastructure - which will lead to decreased car dependency, and all the housing units are 100% electric. As we continue to combat climate change and environmental concerns, it is imperative to build housing that mitigates these issues.
This project will do so.
This project is much needed for the community and Marin County as a whole. I was at the Mall today, it is a sad place. Talk about underutilized! Let's do something positive and bring back vitality to the Northgate Mall.
I encourage your vote of approval.
Sincerely,
Linda S. McKee
From: Leslie Stone
Sent: Saturday, November 30, 2024 3:25 PM
To: Distrib- City Clerk <[email protected]> Subject: Comment on Northgate Project
Hello,
As a San Rafael resident, I am a supporter of more housing in the area. I am concerned, however, that the city is ignoring potential traffic impacts of adding hundreds of households in the area currently occupied by the mall. and am concerned about the increase in traffic, and that there haven't been adequate studies and traffic surges during morning and evening commutes. There are already backups now, and the mall is half empty.
Please conduct follow-up traffic studies which should be required at the completion of each phase of the Northgate Project. The updated traffic studies must be based on actual traffic counts prepared by a licensed traffic engineer, approved by the City and funded by the project sponsor.
This must be ‘included as a condition in the Project Entitlements’**. Thank you for keeping Terra Linda residents safe and for your consideration to this important community concern.
Thank you,
Leslie Stone
-----Original Message-----
From: Marianne Stefancic
Sent: Saturday, November 30, 2024 8:01 PM
To: Distrib- City Clerk <[email protected]> Cc: Alan Jones ; Marianne Stefancic
Subject: Northgate Redevelopment
To San Rafael City Council,
It is shocking to see your narrow mindedness and shortsightedness as you seem to approve a warehouse ghetto to be build here in our beautiful Terra Linda!
It is stunning to us that you would approve an unsophisticated, cheap, nature- and quality deprived environment, that can only be seen as a shame.
Please honor us enough to give us a professional comparison with the option presented by architect Alan Jones which creates a healthy, beautiful as well as efficient living space, and the warehouse environment you are presenting.
I am a licensed psychotherapist and artist working in this environment, and I plead to you, that you would reconsider.
Sincerely,
Marianne Stefancic, LMFT
Licensed Marriage and Family Therapist
Please RSVP
November 26, 2024
RE: Northgate Mall Development Project
Dear Mayor Colin, City Councilmembers and the Planning Commission, I support reasonable, responsible residential development at the Northgate Mall.
However, there are fundamental flaws with the Environmental Impact Report (EIR) that have been raised repeatedly by the public. The Northgate Mall Development Project (“Project”) is the largest proposed residential development in Marin County in decades and its impacts will be profound, Unfortunately, many questions and concerns remain unanswered as to the Project’s impact on Terra Linda and its infrastructure.
Ensuring the health, wellbeing and safety of San Rafael residents should be the highest duty for San Rafael leaders. Terra Linda and the City of San Rafael (“the City”) deserve an EIR that is fully and thoroughly researched and analyzed, that is based on accurate and legitimate baselines, parameters, and data, and which contains logical findings.
Terra Linda residents and the City need to know with specificity and accuracy how our community, environment, lives and infrastructure will be impacted. An EIR that does not meet these standards would be a dereliction of the duty that City leaders owe to San Rafael residents.
Members of the public have raised numerous concerns about the accuracy of the EIR’s baselines, data and/or findings in various areas, including traffic, evacuation routes, emergency response times, operational noise, air quality, greenhouse gas emissions and accompanying health risks (a concern for all residents but particularly for residents of nearby senior living facilities), schools, privacy, etc. The fact that numerous questions and concerns remain at this stage supports the Design Review Board’s view (which I share) that the Project is just too big.
The Project’s 1,422 residential units and 3,500+ new residents is far too large and dense for the size of Terra Linda, a residential neighborhood comprised largely of single family homes and senior living facilities. Let’s not kid ourselves, this will be a minimetropolis that is totally out of character for the suburban nature of Terra Linda. This is unfair to local residents (many of whom have lived here for decades) who moved to Terra Linda for a bucolic, suburban existence and who invested their hard earned savings in their homes. The City should find the right balance and meaningfully downsize the Project (500 to 600 residential units would be far more appropriate) to better fit the surrounding community. A 500 residential unit project would still be one of the largest (if not the largest) development in Marin County in decades and would result in a substantial amount of additional housing without destroying the quality of life of current residents.
Below is a discussion of a few of the outstanding concerns related to the Project.
I. The Environmental Impact Report (EIR) is Fundamentally Flawed A. The EIR’s baseline for the Transportation Impact Study is wrong Using a hypothetical fully functioning mall as its baseline (which Northgate certainly is not), the EIR’s Transportation Impact Study determined that the Project “would result in a reduction in traffic on the surrounding roadway network” and will not contribute to failing levels. (See Transportation Impact Study, p. 33) [emphasis added]. Common sense clearly dictates otherwise. Adding 1,422 housing units and 3,500+ additional residents (many of whom will own vehicles) obviously will increase traffic, likely substantially. A previous traffic study for the nearby approved housing development at the Four Points Hotel might be used as a starting point for a baseline impact of a housing project in the area. It should be noted that the Northgate Project is over ten times the size of the approved Four Points project.
Many Terra Linda residents have submitted public comments raising concerns about the inaccurate baselines used in the EIR. Indeed, residents are concerned that the Project will cause traffic to substantially increase as well as significantly impact air quality, operational noise, evacuation routes, and emergency response times. The City refutes these concerns in the Final Environmental Impact Report (FEIR) by stating that the residents concerns are not based on evidence. On the contrary, our concerns are based on common sense and on the empirical evidence we witness every day as Terra Linda residents who constantly live, drive and walk near or through Northgate Mall. We, more than anyone, know the current conditions at the Mall, which is why so many of us have raised concerns.
According to the November 14, 2024 letter submitted by the Law Offices of Gloria D.
Smith on behalf of Responsible Growth in Marin (RGM):
“The City's choice of this hypothetical baseline of a normally operating mall was repeatedly contradicted by the obvious decline of Northgate Mall over the past two decades; it has attracted fewer and fewer clientele and, thus, traffic, ultimately leading the Developer to seek redevelopment of the entire site. Numerous residents have related their own observed experience of the mall's decline to the City throughout the CEQA process. And, as shown in detail in both Mr. Smith's and Dr. Phyllis Fox's expert letters (Final EIR Comment Letter B-8B), the use of this hypothetical baseline resulted in the EIR's failure to identify and mitigate significant Project impacts with respect to traffic and air quality.” (See letter submitted by the Law Offices of Gloria D. Smith on behalf of RGM, dated November 14, 2024, p. 2).
Ms. Smith and RGM further point out in their letter that:
“A better indicator to gauge mall traffic would have been sales tax, which is often used as a proxy to support traffic studies. Further, malls, unlike residential
developments, do not generate mostly peak hour traffic. Thus, the hypothetical baseline substitutes apples for oranges.” (See letter submitted by the Law Offices of Gloria D. Smith on behalf of RGM, dated November 14, 2024, p. 3).
The letter from Ms. Smith and RGM also discusses the City’s questionable legal argument based on suspect interpretations of case law to justify its decision to use a hypothetical fully functioning mall baseline, and further states that:
“It is telling that the City could not rely on facts and evidence to support the EIR's environmental baseline even though CEQA requires the City's decisions to be based on substantial evidence every step of the way.” (See letter submitted by the Law Offices of Gloria D. Smith on behalf of RGM, dated November 14, 2024, p. 4).
Notably, the City is required by CEQA to provide the public with accurate information regarding the Project’s environmental impacts. It can only satisfy this requirement by using accurate baselines, such as actual current trips within the area during AM and PM peak period times. Indeed, as stated in the FEIR, “[e]stablishing an appropriate baseline is an essential step in evaluating the potentially significant environmental effects of a proposed project because an inappropriately defined baseline can cause the impacts of the project to be either underestimated (as asserted by many of the Draft EIR commenters) or overestimated.” See Response to Comments Document, October 2024, p. 4-5. I absolutely agree with this statement. In fact, in the FEIR, the City admits that “…in determining whether a project's impacts are significant, an EIR ordinarily compares the environmental conditions with the proposed project to the existing environmental conditions, which are referred as the “baseline” for the impact analysis.
See Response to Comments Document, October 2024, p. 4-5 [emphasis added]. Yet, contrary to CEQA, the City has chosen to use an inappropriate and inaccurate baseline which has resulted in inaccurate findings as to the Project’s environmental impacts.
Ms. Smith and RGM’s letter states that as a result of the hypothetical fully functioning mall baseline, “…the Draft EIR determined that peak-hour traffic generated by the more than 3,500 new residents as well as about 220,000 square feet of commercial uses (including two drive-through restaurants), would be less than that of the existing mall. As a result, the City's development fee of $4,246 per added peak hour trip will not go into effect.” (See letter submitted by the Law Offices of Gloria D. Smith on behalf of RGM, dated November 14, 2024, p. 2 [emphasis added]). As such, according to RGM, not only does the use of the incorrect hypothetical baseline contravene CEQA by providing inaccurate information to the public that the Project’s impact will be a reduction in traffic, the baseline also negates a substantial City development fee on added peak hour trips.
If the Developers do not have to pay this fee, who will shoulder whatever costs are necessary to mitigate the increased traffic? Will it be San Rafael residents through higher taxes? We have the right to know this from City leaders before the Project is approved.
To comply with CEQA, to ensure the public is receiving accurate information about the Project’s impacts and to ensure the Developers are paying the necessary development
fees, the City should use accurate baselines to produce accurate findings. For example, morning and evening peak hour traffic should be further studied to ensure the existing limited road network surrounding Northgate has the capacity to handle the amount of additional traffic caused by the large number of new residents who will be commuting.
The City also should ensure that studies using appropriate baselines are conducted to accurately determine and assess the impacts to air quality, operational noise and other environmental concerns. In not doing so, City leaders would be failing in their duty to provide residents with accurate information on how the Project truly will impact the community and to ensure the Developers are paying the necessary development fees for those impacts.
Even if the City should determine that certain CEQA requirements do not apply to this Project due to recent state housing laws, it is a dereliction of your city council duties to the community to simply throw up your hands and say “there is nothing we can do”. The developer of this Project and the city council should both want to see a successful Project for the community. A successful Project requires a realistic projection of the impacts and a plan to address these impacts. To ensure a well planned and ultimately successful Project, we first need to use realistic current baselines and use realistic scenarios for modeling the Project. While CEQA may not require this, the City should want to know likely projected impacts and the City should request this of the developer.
A responsible developer, especially for a project of this size, should want to cooperate with the City and provide a realistic project buildout scenario.
B. The Project could cause overcrowding of evacuation routes and negatively impact emergency response times
Using the incorrect baseline of a fully functioning mall, the Transportation Impact Study also found that the Project would have a “beneficial” impact on emergency response times. (See Transportation Impact Study, p. 33). Again, this finding defies logic. Without vastly improving the current road network, basic common sense dictates that such a large population increase in a condensed area with a limited road network could negatively impact emergency response time delays as well as safe evacuations should a sudden evacuation of the greater community be necessary. As discussed in the letter submitted by the Law Offices of Gloria D. Smith on behalf of RGM, “…the additional study contracted by the City (Final EIR, Attachment B), which the EIR relied upon to relieve the Developer from providing monetary assistance to the City to address emergency responses, failed to even address the impact of increased traffic on the emergency response times of the San Rafael City Fire Department.” (See letter submitted by the Law Offices of Gloria D. Smith on behalf of RGM, dated November 14, 2024, p. 5).
Indeed, as stated by Ms. Smith and RGM in their letter, “[a]t the October 29, 2024 Planning Commission meeting, Commissioner Jon Previtali, who represents the North San Rafael/Terra Linda district, acknowledged existing, already dangerous conditions and requested that an increase in traffic due to the Project is a safety issue that needs to be addressed. He requested that follow-up traffic studies be included as conditions in
the Project entitlements. However, his request was only included as a recommendation.” (See letter submitted by the Law Offices of Gloria D. Smith on behalf of RGM, dated November 14, 2024, p. 5).
City residents have repeatedly voiced concerns over fire risks from wildfire sparks, flammable trees, constrained evacuation routes, EMT response times, and scarce police services. It should be noted that there have been several wildfires within blocks of the proposed Northgate Project over the past ten years.
However, the EIR claims there are no increased risks, no negative impacts on public services, and no responsibility to pay for additional needed services and mitigations.
Again, this fails a credibility test. San Rafael does not require developers to pay a public safety impact fee and many questions remain. For example, what future assessment will be made for these critical safety issues, and who will pay for any necessary mitigations? What additional tax burden is likely to be levied on San Rafael residents due to this project. These are all questions within the power of Mayor Colin and the City Councilmembers to answer and find appropriate solutions that protect San Rafael residents.
II. The Environment and Lowering Carbon Emissions should be a Priority As proposed, I do not see how this would be an environmentally friendly project. City leadership places great value on efforts to combat climate change and to protect the environment. The increased traffic as well as the drive-thru restaurants that the Project developers plan will increase carbon emissions, which is a notable concern for any community.
Further, I believe SMART ridership metrics would show that SMART really does not act as a transit oriented development (TOD) site for the Project. SMART currently serves primarily as a destination stop for the Civic Center campus. Based on empirical observations, it has very few boardings as a commute station - outbound commute numbers going north and south from the Civic Center station are minimal. While it may fit the state definition of a transit site for transit oriented development, in reality the Civic Center SMART train is not a heavily used commute onboarding station nor is it likely to be so in the future. The City Council and Planning Commission should review current SMART ridership metrics to and from the Civic Center station to measure likely ridership numbers upon full Project buildout.
It is generally accepted that commuters prefer not to take multiple forms of transit to their work sites. As such, mass travel on SMART to the Larkspur Ferry and then to San Francisco is unlikely. Taking two forms of transit along with a walk to SMART, a walk from SMART to the ferry, and a walk from the ferry to nearby employment centers in San Francisco is simply not an efficient commute option.
The Freitas 101 bus pad is much more legitimate as a current and a future commute alternative option (with much higher ridership than SMART due to the efficiencies of
time and expense for taking the bus) and a good reason the Project’s residential units should be oriented towards the North side of the Northgate Mall, not the south side as currently proposed for Phase 1. Further, given that the Northgate Mall site is so close to downtown San Rafael, there is no reason to believe that the new Northgate development residents commuting to downtown San Rafael would act any differently than existing residents who overwhelmingly commute via single occupant vehicles.
III. Responsible Growth in Marin Proposals
I support the following proposals from Responsible Growth in Marin. I respectfully request that Mayor Colin, the City Council members and the Planning Commission protect the interests of San Rafael and its residents by including the conditions below in the Northgate Mall development permits and entitlements, which are within their power and not subject to State law.
A. Traffic
To address the Project's impacts on traffic and other environmental concerns (noise, air quality), the Project’s Master Use Permit must require follow-up traffic studies using onthe-ground traffic counts at the end of each phase to verify actual traffic changes and identify any mitigation measures needed, similar to what has been required by the City for the Loch Lomond Marina property.
B. Construction Management Plan
A 20-year project of this immense size must include a mechanism for ongoing audits to ensure the developer and builders stay on track with their commitments. A detailed Construction Management Plan (CMP), including an onsite construction manager responsible for all construction and available to answer public concerns, must be included as a condition in the Environmental and Design Review Permit. The BioMarin/ Vivalon project provides a template for a CMP in its Environmental and Design Review.
C. Requested Additional Noise and Dust Mitigation
To address significant impacts with respect to construction and operational noise and dust at the residences closest to the Project site, the City should require the Developer to provide financing for replacement of single-pane windows with double-paned windows to mitigate both construction and operational noise impacts and for installation of air conditioning to mitigate years of dust generated by Project construction during which windows cannot be opened for health and nuisance reasons. Similar mitigation has been required for other projects in the past.
IV. Distributing new housing more equitably throughout the Region would prevent a significantly disproportionate impact to one community As I stated at the outset, I support reasonable, responsible residential development at Northgate. However, due to the immense size of the proposed Project, the issues discussed above are just a few examples of the potentially significant impacts to Terra Linda’s environment, community and infrastructure. To prevent a disproportionate impact to one community, the Project size should be meaningfully reduced and new housing should be distributed more broadly throughout the region. Every community would obtain the benefits of additional housing, new residents would have a choice of neighborhoods in which to live, and the impacts from new housing development would be distributed and better absorbed across a broader area.
Thank you for your consideration.
Very truly yours,
Jeanine Larrea
Terra Linda Resident
-----Original Message-----
From: Patti Breitman
Sent: Wednesday, November 27, 2024 4:00 PM
To: Distrib- City Clerk <[email protected]> Subject: Please support the Northgate Town Square
Dear City Council members,
Please support the Northgate Town Square housing project. I urge you to vote to approve the project at the December 2nd meeting.
Marin needs to be more accessible for moderate to low income families and individuals. This project directly addresses the housing crisis by providing affordable units, with some home ownership opportunities in addition to rentals. Additionally, the plans include accessible units that are compliant with updated ADA guidelines, which will provide housing options for those with disabilities.
This project will add community vibrancy. The plans include retail, a community green space, and restaurants. The mall as it is now, is an underutilized building with few open stores and an excess of empty parking. This project would immensely improve it to create a true utilized community space.
There are also positive environmental components to developing mixed use buildings. The Northgate Mall is already developed land, and urban infill is the most environmentally friendly option for new developments. This project is in a transit dense area, it will improve bike infrastructure - which will lead to decreased car dependency, and all the housing units are 100% electric. As we continue to combat climate change and environmental concerns, it is imperative to build housing that mitigates these issues.
This project will do so.
This project is much needed for the community and Marin County as a whole. I encourage your vote of approval.
Sincerely,
Patti Breitman
Former San Rafael resident and
Volunteer working in San Rafael now
From: PK R
Sent: Saturday, November 30, 2024 7:18 AM
To: Distrib- City Clerk <[email protected]> Subject: For Public Comment
I am writing to voice my concern with the size of the Northgate redevelopment project.
The increase in traffic from the Northgate Redevelopment Project will exacerbate the already dangerous congested traffic conditions. I request that follow-up traffic studies be required at the completion of each phase of the Northgate Project. The updated traffic studies must be based on actual traffic counts prepared by a licensed traffic engineer, approved by the City and funded by the project sponsor. This must be ‘included as a condition in the Project Entitlements’.
Thank you for keeping Terra Linda residents safe and for your consideration to this important community concern.
Philip Rossetti
From: Pat Waskiewicz
Sent: Friday, November 29, 2024 3:47 PM
To: Distrib- City Clerk <[email protected]> Subject: Northgate Mall Project
To Whom It May Concern:
As a long time resident across the street from the Northgate Mall, I have some questions at this point in the Mall process. I have found the Planning Commission process and the Board of Supervisors unresponsive to the Community’s questions around safety and quality of life.
1. Traffic. San Rafael has ignored streets and intersections for years now. Our streets are still designed for the sleepy city it once was. The smart train mess, the intersection in San Rafael where 101 exits at the main post office is confusing. In Terra Linda the Freitas - Northgate Dr. interchange and multi signal intersections are beyond capacity. It can take me up to ten minutes to get on 101 which is a quarter of a mile away. These are conditions currently. San Rafael hasn't improved any of these spots. Impacted traffic is a health risk. Why is the board ignoring this valid concern about the impacted traffic at Northgate which will greatly increase with an additional 1440 new housing units?
2. Emergencies are a fact of daily living. How does the board expect emergency vehicles to safely reach those who need assistance quickly?
3. Evacuation routes are non existent for those of us adjacent to the mall. With the increase in population at the mall, you have effectively left existing residents without an exit route. Eucalyptus trees, as those lining the cemetery, are highly explosive and when ignited close off Los Ranchitos. Why has this safety concern not been addressed in a thoughtful, intelligent manner?
With no plans for current residents’ safety and the main source of affordable entertainment gone (movie theater), I would hope the board puts this mall renovation on hold until solid and realistic plans are put in place with serious answers to these valid safety concerns. This is our home, this is not a project on paper for us. You are asking us to live with construction noise and pollution during the years of construction as well as after completion. Your decisions will impact our lives and the quality of our lives forever. Be responsible! Make this project safe for residents!
Pat Waskiewicz
Quail Hill