Agenda packet — San Rafael City Council, December 16, 2024 (part 1 of 2)

AGENDA
SAN RAFAEL CITY COUNCIL - MONDAY, DECEMBER 16, 2024
This meeting will be held in-person. This meeting is being streamed to YouTube at www.youtube.com/cityofsanrafael.

How to participate in the meeting:
• You are welcome to come to the meeting and provide public comment in person. Each speaker will have 2-minutes to provide public comment per agenda item. • Submit your comments by email to [email protected] by 4:00 p.m. the day of the meeting.

If you experience technical difficulties during the meeting, please contact [email protected].

SPECIAL MEETING AT 5:30 P.M.

San Rafael City Hall, Council Chambers
1400 Fifth Avenue, San Rafael, CA 94901
Watch online: https://tinyurl.com/cc-2024-12-16
or www.youtube.com/cityofsanrafael
Listen by phone: (669) 444-9171
ID: 860-6190-5675#
One Tap Mobile: +16694449171,,86061905675# US
CONSENT CALENDAR:

1. Consent Calendar:
a. November 5, 2024 General Municipal Election Results
Resolution Declaring Canvass of Votes Cast and Results of the Consolidated General Municipal Election Held on November 5, 2024, to Include Results of Ballot Measure P (CC) Recommended Action – Adopt Resolution
SWEAR-IN CEREMONY:

2. Swear-in Ceremony:
a. Swear-in Ceremony for the Following Newly Elected Officials (CC):
• Lindsay Lara, City Clerk
• Robert Epstein, City Attorney
• Maika Llorens Gulati, Councilmember District 1
• Rachel Kertz, Councilmember District 4
• Kate Colin, Mayor
ADJOURNMENT:

REGULAR MEETING AT 6:00 P.M.

San Rafael City Hall, Council Chambers
1400 Fifth Avenue, San Rafael, CA 94901
2 Watch online: https://tinyurl.com/cc-2024-12-16
or www.youtube.com/cityofsanrafael
Listen by phone: (669) 444-9171
ID: 860-6190-5675#
One Tap Mobile: +16694449171,,86061905675# US

OPEN SESSION

1. None.

CLOSED SESSION

2. Closed Session: - None.

CITY MANAGER AND COUNCILMEMBER REPORTS:
(including AB 1234 Reports on Meetings and Conferences Attended at City Expense)

3. City Manager and Councilmember Reports:

CONSENT CALENDAR:

The opportunity for public comment on consent calendar items will occur prior to the City Council’s vote on the Consent Calendar. The City Council may approve the entire consent calendar with one action. In the alternative, items on the Consent Calendar may be removed by any City Council or staff member, for separate discussion and vote.

4. Consent Calendar Items:
a. Approval of Minutes
Approve Minutes of the Regular City Council Meeting of December 2, 2024 (CC) Recommended Action - Approve minutes as submitted
b. Northgate Town Square Project Ordinance Adoption
Waive the Second Reading and Adopt by Title Only Ordinance 2043 Entitled: An Ordinance to adopt a Zoning Amendment to establish the Northgate Town Square Planned Development (PD) District, approve the Northgate Town Square Development Plan, amend the City’s Zoning Map, and rezone the 44.76-acre Northgate Mall property from General Commercial to the Northgate PD District and including adoption of Findings of Fact, a Statement of Overriding Consideration, and a Mitigation Monitoring and Reporting Program (MMRP) for the Northgate Town Square Project (CC)
Recommended Action – Waive the Second Reading and Adopt by Title Only Ordinance 2043 c. Northgate Mall Redevelopment Project Environmental Consulting Services Authorize the City Manager to Execute the Third Amendment to the Professional Services Agreement with LSA Associates, Inc. for Environmental Consulting Services for the Northgate Mall Redevelopment Project in an Amount of $105,000, for a Total Contract Amount of $615,851 (CED)
Recommended Action – Authorize the City Manager to execute a Third Amendment to the Professional Services Agreement with LSA Associates, Inc. for additional environmental consulting services associated with the Northgate Mall Redevelopment Project, in the amount not to exceed $105,000, for a total not to exceed contract amount of $615,851 3 d. Legislative Advocacy Services Agreement Renewal
Resolution Authorizing the City Manager to Enter into a Two-Year Agreement with Emanuels Jones & Associates for Legislative Advocacy Services in an Amount Not to Exceed $93,670 (CM)
Recommended Action – Adopt Resolution
e. Peacock Gap Park Playground Improvement Project
Award the Construction Agreement to Rapid Grading Services and Authorize Supplemental Budget Appropriations for the Peacock Gap Park Playground Improvement Project (PW) Recommended Actions –
i. Award the construction agreement (the “Construction Agreement”) for the Peacock Gap Park Playground Improvement Project (the “Project”) to Rapid Grading Services; And, authorize the City Manager to execute the Construction Agreement in the amount of $804,950; And, authorize the City Manager to amend the contract amount using contingency funds of $120,050 for a total not to exceed amount of $925,000 for the Project ii. Authorize a supplemental budget appropriation in the amount of $210,000 from the Parks Measure A Fund (Fund 241) for the Project
iii. Approve plans and specifications for the Project (also referred to as “City Project No. 11436”), deemed reasonable by the City Engineer, on file in the Department of Public Works f. Amendment to City Manager Employment Agreement and Fire Chief Employment Agreement
i. Resolution Approving and Authorizing the Mayor to Execute an Amendment to the Employment Agreement Between the City and City Manager Cristine R. Alilovich; And, Resolution Authorizing the Mayor and City Manager to Execute an Employment Agreement with Abraham Roman to Serve as the City of San Rafael Fire Chief (HR) Recommended Action – Adopt Resolutions

SPECIAL PRESENTATIONS

5. Special Presentations:
a. Proclamation Supporting Shop San Rafael (CED)
b. Proclamation Supporting the City of San Rafael’s 150th Anniversary (CM) c. Proclamation Supporting the Fire Department’s 150th Anniversary (FD)

PUBLIC HEARINGS

6. Public Hearings:
a. Downtown Business Improvement District (BID) Assessment Annual Renewal Resolution Confirming the 2024 Annual Report for the Downtown San Rafael Business Improvement District and Levy of Assessments for Calendar Year 2025 (CED) Recommended Action – Adopt Resolution

OTHER AGENDA ITEMS

7. Other Agenda Items:
a. Vice Mayor Election and City Council Appointments to Committees for 2025 Elect the Vice Mayor for 2025 and Approve City Council Appointments to Committees for 2025 (CC)
Recommended Action – Elect Vice Mayor; And, approve appointments 4 OPEN TIME FOR PUBLIC EXPRESSION
The public is welcome to address the City Council at this time on matters not on the agenda that are within its jurisdiction. Please be advised that pursuant to Government Code Section 54954.2, the City Council is not permitted to discuss or take action on any matter not on the agenda unless it determines that an emergency exists, or that there is a need to take immediate action which arose following posting of the agenda. Comments may be no longer than two minutes and should be respectful to the community.

ADJOURNMENT:

Any records relating to an agenda item, received by a majority or more of the Council less than 72 hours before the meeting, shall be available for inspection online and at City Hall, 1400 Fifth Avenue, and placed with other agendarelated materials on the table in front of the Council Chamber prior to the meeting. Sign Language interpreters may be requested by calling (415) 485-3066 (voice), emailing [email protected] 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. To request Spanish language interpretation, please submit an online form at https://www.cityofsanrafael.org/request-for-interpretation/. ____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: SM 1.a
Meeting Date: December 16, 2024

SAN RAFAEL CITY COUNCIL STAFF REPORT
Department: City Clerk
Prepared by: Lindsay Lara, City Clerk City Manager Approval: ________ TOPIC: NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION RESULTS SUBJECT: RESOLUTION DECLARING CANVASS OF VOTES CAST AND

RESULTS OF THE CONSOLIDATED GENERAL MUNICIPAL ELECTION
HELD ON NOVEMBER 5, 2024, TO INCLUDE RESULTS OF BALLOT

MEASURE P
RECOMMENDATION:

Adopt a resolution declaring the results of the Consolidated General Municipal Election held on November 5, 2024.

BACKGROUND:

A General Municipal Election was held in the City of San Rafael on Tuesday, November 5, 2024. Sections 10262 through 10264 of the California Elections Code require that upon certification of the results of an election by the County Elections Office, the City Council shall meet to declare the results of the election. The City Council is required to adopt a resolution (Attachment 1) and the City Clerk is required to enter a statement of the results into the minutes.

On December 3, 2024, Marin County Chief Elections Officer Lynda Roberts certified the results of the election, and the Official Report is included as Exhibit A to the resolution.

According to the Official Report, the qualified electors cast ballots at said election for the Offices of Mayor, City Councilmember Districts 1 & 4, City Attorney, City Clerk & Assessor, and Measure P as follows:

Candidate Election Votes In
Favor
Percentage
Kate Colin Mayor 21, 070 86.12%
Maika Llorens Gulati Councilmember District 1 1,818 100% Rachel Kertz Councilmember District 4 5,568 80.99%
Robert Epstein City Attorney 19,156 100%
Lindsay Lara City Clerk & Assessor 19,079 100%
N/A Measure P 12,375 52.02%
Pursuant to Sections 5326 and 5328 of the Education Code, an election was not held in the San Rafael Elementary School District and the San Rafael High School District in Trustee Area 1, 3 and 5 on Tuesday, the 5th day of November 2024 due to lack of opposition. The following people who were nominated for Trustee Area positions 1, 3 and 5 on the San Rafael Board of Education will assume office by operation of law, for full terms of four years each.

Mark Koerner, Trustee Area 1
Maureen 'Mo' de Nieva-Marsh, Trustee Area 3
Isai Rodas, Trustee Area 5
FISCAL IMPACT:

There is no fiscal impact associated with this item.

RECOMMENDED ACTION:

Adopt a resolution declaring the results of the consolidated general municipal election held on November 5, 2024.

ATTACHMENTS:

1. Resolution

2. Exhibit A to Resolution: Official November 5, 2024 Election Results

3. Exhibit B to Resolution: Ordinance No. 2044 (Measure P) 4906-6571-5461 v1 Page 1 of 5
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DECLARING

CANVASS OF RETURNS AND RESULTS OF CONSOLIDATED GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2024
WHEREAS, in pursuance of law and the Charter of the City of San Rafael, there was held in said City on Tuesday, the 5th day of November 2024, a consolidated general municipal election to elect municipal officers, at which election the offices to be filled and the candidates for such offices were as follows:

Mayor:

Kate Colin
Mahmoud Shirazi
Councilmember District 1:

Maika Llorens Gulati
Councilmember District 4:

Rachel Kertz
Mark Galperin
City Attorney
Robert Epstein
City Clerk & Assessor
Lindsay Lara
WHEREAS, pursuant to Sections 5326 and 5328 of the Education Code, an election was not held in the San Rafael Elementary School District and the San Rafael High School District on Tuesday, the 5th day of November 2024 for Board of Education Trustee Areas 1, 3 and 5, as only the following three persons were nominated for the three Trustee positions on the San Rafael Board of Education in Trustee Areas 1, 3 and 5, and they will therefore assume office on the San Rafael Board of Education by operation of law for a full term of four years each:

For Trustees, San Rafael Board of Education:

Mark Koerner, Trustee Area 1
Maureen 'Mo' de Nieva-Marsh, Trustee Area 3
Isai Rodas, Trustee Area 5
WHEREAS, the following measure was submitted to the electors of the City of San Rafael at the consolidated municipal election held on Tuesday, November 5, 2024:
4906-6571-5461 v1 2
MEASURE P –
“Shall the measure, to levy an annual special parcel tax in the City of San Rafael to fund the construction of a new Albert Park main library and community center, at the rate of $0.145 per square foot of improved building area and $75.00 per vacant parcel, estimated to generate $6,370,000 annually, and continuing for thirty years or until construction bonds are satisfied, be adopted?”
WHEREAS, said consolidated general municipal election was held on Tuesday, November 5, 2024, in accordance with law and the votes thereat received and canvassed, and the returns thereof ascertained, determined and declared in all respects as required by law.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of San Rafael resolves as follows:

1. That the total number of ballots cast in the precincts and vote by mail ballots for the City of San Rafael was 27,555 out of 32,942.

2. That said General Municipal election was held for the purpose of electing one Mayor, one District 1 Councilmember, one District 4 Councilmember, one City Attorney, one City Clerk and Assessor, and trustee for San Rafael Board of Education Trustee Area 1, for terms expiring upon the election of the successor thereto at the general election in November 2028;

3. That the names and results of the persons voted for at said election for Mayor are:

NAME NUMBER OF VOTES RECEIVED
KATE COLIN 21,070 (86.12%)
MAHMOUD A. SHIRAZI 3,396 (13.88%)

4. That the name and results of the person voted for at said election for Councilmember District 1 is:

NAME NUMBER OF VOTES RECEIVED
MAIKA LLORENS GULATI 1,818 (100%)
4906-6571-5461 v1 3

5. That the names and results of the persons voted for at said election for Councilmember District 4 are:

NAME NUMBER OF VOTES RECEIVED
RACHEL KERTZ 5,568 (80.99%)
MARK GALPERIN 1,307 (19.01%)

6. That the name and results of the person voted for at said election for City Attorney is:

NAME NUMBER OF VOTES RECEIVED
ROBERT EPSTEIN 19,156 (100%)

7. That the name and results of the person voted for at said election for City Clerk and Assessor is:

NAME NUMBER OF VOTES RECEIVED
LINDSAY LARA 19,079 (100%)

8. That the City Council does declare and determine that:
• Kate Colin was elected as Mayor for a term expiring upon the election and swearing-in of a successor thereto at the General Municipal election in November 2028;
• Maika Llorens Gulati was elected as Councilmember District 1 for a term expiring upon the election and swearing-in of a successor thereto at the General Municipal election in November 2028;
• Rachel Kertz was elected as Councilmember District 4 for a term expiring upon the election and swearing-in of a successor thereto at the General Municipal election in November 2028;
• Robert Epstein was elected as City Attorney for a term expiring upon the election and swearing-in of a successor thereto at the General Municipal election in November 2028;
• Lindsay Lara was elected as City Clerk and Assessor for a term expiring upon the election and swearing-in of a successor thereto at the General Municipal election in November 2028;
• Measure P was approved by the electors of San Rafael; and 4906-6571-5461 v1 4

9. That the City Clerk shall deliver to each person elected a certification of election signed by her and duly authenticated; she shall also administer to the persons elected the oath of office as prescribed in the State Constitution of the State of California and shall have those persons subscribe thereto and file it in the office of the City Clerk. Each person so elected shall be inducted into the office to which he or she has been elected; and

10. That the City Clerk shall enter in the records of the City Council a statement of the results of said election, showing (1) the whole number of votes cast in the city; (2) the names of the persons voted upon; (3) the office for which each person was voted for; (4) the number of votes given at each precinct to each person; and (5) the number of votes given in the city to each person. These results are attached as Exhibit A to the resolution.

BE IT FURTHER RESOLVED by the Council of the City of San Rafael, as follows:

1. That the City Clerk of the City of San Rafael is hereby instructed to enter this resolution in the Minutes of the City Council as a statement of the results of said election showing 1) the whole number of votes cast in the city; 2) the names of the persons voted upon; 3) the office for which each person was voted for; 4) the number of votes given at each district to each person; 5) the number of votes given in the city to each person; and 6) the number of votes given regarding Measure P. These results are attached as Exhibit A to the resolution.

2. That the whole number of votes cast at said election was 27,555 votes;

3. That more than a majority of all the votes cast on said Measure P were in favor of said Measure (per Exhibit “A”, attached) and said Measure carried;

4. That all vote by mail ballots have been duly received and canvassed in time, form and manner as required by law;

5. That, accordingly, the City Council hereby declares, that the voters of the City of San Rafael have approved Ordinance No. 2044, attached as Exhibit “B”, by a majority of 4906-6571-5461 v1 5
the votes cast by the electors voting on Measure P at the consolidated general municipal election held Tuesday, November 5, 2024; and

6. That Ordinance No. 2044 establishing and levying a special parcel tax is hereby effective on the tenth day following adoption of this Resolution, and the tax established herein shall commence July 1, 2025 and will be collected by the Marin County Tax Collector at the same time and manner as other property taxes.

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 meeting of the Council of said City held on Monday, the 16th day of December 2024, by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
_____________________
LINDSAY LARA, City Clerk
Attachments:

1. Exhibit A to Resolution: Official November 5, 2024 Election Results

2. Exhibit B to Resolution: Ordinance No. 2044 (Measure P) CERTIFICATE OF ELECTION •
I, LYNDA ROBERTS, the Registrar of Voters for the County of Marin, in the State of California, do hereby certify the canvass of the results of the votes cast at the General Election, held on November 5, 2024, for measures and contests that were submitted to the voters, and that the Statement of Votes Cast is full, true, and correct.

The official record is retained with the office of the
Marin County Elections Department, and the
Official Final Results summary is provided herewith.

IN WITNESS WHEREOF, I have set my hand and affixed my official seal on this 3rd day of December, 2024.

Regi rar of Voters, County of Marin
Contest Total
Yes 12,375 52.02%
No 11,413 47.98%
Total Votes 23,788
Ballots Received / Number of Registered Voters 27,555 / 32,942 83.65% Marin County Elections Department GENERAL
ELECTION, NOVEMBER 5, 2024
Official Final Results
Measure P - City of San Rafael (Requires Majority)
Precincts Reported: 29 of 29 (100.00%)
Candidate Party Total
Maika Llorens Gulati 1,818 100.00%
Total Votes 1,818
Total
Ballots Received / Number of Registered Voters 2,519 / 3,583 70.30% City of San Rafael Council District 1
Vote for 1
Precincts Reported: 5 of 5 (100.00%)
Candidate Party Total
Rachel Kertz 5,568 80.99%
Mark Galperin 1,307 19.01%
Total Votes 6,875
Total
Ballots Received / Number of Registered Voters 8,571 / 10,166 84.31% City of San Rafael Council District 4
Vote for 1
Precincts Reported: 6 of 6 (100.00%)
Candidate Party Total
Kate Colin 21,070 86.12%
Mahmoud A. Shirazi 3,396 13.88%
Total Votes 24,466
Total
Ballots Received / Number of Registered Voters 27,555 / 32,942 83.65% City of San Rafael Mayor
Vote for 1
Precincts Reported: 29 of 29 (100.00%)
Candidate Party Total
Robert F. Epstein 19,156 100.00%
Total Votes 19,156
Total
Ballots Received / Number of Registered Voters 27,555 / 32,942 83.65% Candidate Party Total
Lindsay Lara 19,079 100.00%
Total Votes 19,079
Total
Ballots Received / Number of Registered Voters 27,555 / 32,942 83.65% City of San Rafael Clerk and Assessor
Vote for 1
Precincts Reported: 29 of 29 (100.00%)
City of San Rafael City Attorney
Vote for 1
Precincts Reported: 29 of 29 (100.00%)
Marin County Elections Department

GENERAL ELECTION
NOVEMBER 5, 2024
Official Final Results
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4911-8089-4213 v1 Page 1 of 8
Ordinance No. 2044
THE PEOPLE OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS:

SECTION 1. Title. This measure shall be known and may be cited as the San Rafael Library and Community Center Revitalization Initiative (the “Initiative”).

SECTION 2. Findings and Purpose.

A. Findings. The people of the City of San Rafael (“City”) find and declare the following:

1. San Rafael’s Downtown Main Library was built over 100 years ago in 1909 when San Rafael’s population was only 6,000. Currently San Rafael’s population exceeds 60,000 residents and the library is far too small and outdated to serve the needs of children, teens, families and older adults in the community.

2. With library use on the rise, the 115-year-old facility is in poor condition with cramped, dilapidated space, poor lighting, and lack of adequate seating, book collections, computer stations, quiet reading areas, and group study or meeting areas. The building does not meet current safety and accessibility standards for libraries built today. Options for expansion are limited and expensive.

3. San Rafael students of all ages and income levels rely on local libraries for a modern, well equipped, quiet and safe space to read, study, complete homework, and receive tutoring.

Families with young children rely on literacy and reading programs. Older adults utilize the library for access to computers, technology and quiet reading space.

4. Community centers provide safe spaces for afterschool, summer learning and recreation programs that allow children and teens a safe place to engage in programs intended to spark their imagination and support their educational experience. Community centers also provide recreational and social programs that help older adults remain active and independent.

5. The City of San Rafael commissioned a study in 2021 for the construction of a new Main Library and Community Center on City-owned property at Albert Park, located near 1st Street and B Street in Downtown San Rafael to verify the feasibility of a project at this location and determine a project scope and budget.

6. A new library and community center at this location would be constructed to comply with current building and environmental codes and to support modern technologies essential in today’s libraries. A new library and community center would provide space, furnishings and equipment for community services and amenities such as: afterschool homework assistance; tutoring and summer reading programs for school-age children; a dedicated children’s area for story time and other programs; art and literacy programs for all ages; programs for older adults; expanded book collections and other media; improved access for older adults and residents with disabilities; updated technology infrastructure, WIFI, and public computing; public meetings and community gatherings; and emergency operations and shelter in case of fires, earthquakes, floods, or other emergencies.

7. This Initiative authorizes and funds, via a special non-ad valorem parcel tax on taxable real property within the City, the planning and construction of a modern library and community center at Albert Park to serve the needs of current and future residents. Funds from the Initiative may also be used to upgrade San Rafael’s neighborhood branch 4911-8089-4213 v1 Page 2 of 8
libraries to achieve an appropriate amount of total library facility space for a city of San Rafael’s size.

8. This Initiative includes and requires strict fiscal accountability protections to ensure all funds are used as promised, including: the new revenues must stay in San Rafael to fund the planning and construction of a new library, community center, and upgrades to neighborhood branch libraries; no funds may be taken away by the State or diverted for other purposes; no funds may be used for administrator salaries or benefits; and required public disclosure of all spending, including requirements for an independent oversight committee and annual audits.

9. To ensure the cost of this Initiative is not a burden to residents on limited fixed incomes, homeowners age 65 and over shall be eligible for an optional exemption.

10. This Initiative also requires the City of San Rafael to develop a proposal to present to the community for the preservation and reuse of the historic Carnegie Library in Downtown San Rafael after the library vacates the building.

11. Adoption and implementation of this Initiative will protect and serve the public health, safety, and welfare, and the quality of life for the people of the City of San Rafael.

B. Purpose. The people of the City of San Rafael declare that our purpose and intent in enacting this Initiative is to authorize and adopt a special non-ad valorem parcel tax of fourteen and one-half cents ($0.145) per square foot of improved building area per year and seventy-five dollars ($75.00) per vacant parcel per year on taxable real property within the City, the proceeds of which shall be specifically limited and shall be used solely as set forth in this Initiative, to fund the planning and construction of a modern library and community center at Albert Park to serve the needs of current and future residents, as well as the costs to upgrade San Rafael’s neighborhood branch libraries to achieve an appropriate amount of total library facility space for a city of San Rafael’s size.

SECTION 3. Amendments to City of San Rafael Municipal Code.

The City of San Rafael Municipal Code is hereby amended to add a new Chapter 3.42 (Parcel Tax for Planning and Construction of a New Albert Park Main Library and Community Center), to Title 3 (Finance and Taxation) of the San Rafael Municipal Code to read as follows:

Chapter 3.42 – PARCEL TAX FOR PLANNING AND CONSTRUCTION OF A NEW ALBERT

PARK MAIN LIBRARY AND COMMUNITY CENTER
Section 3.42.010 - Title.

This Chapter shall be known and may be cited as “Parcel Tax for Planning and Construction of a New Albert Park Main Library and Community Center.”
Section 3.42.020 - Imposition.

A. A special non-ad valorem parcel tax (hereinafter the “Parcel Tax”) is hereby established and shall be levied annually on the owner of each parcel of taxable real property located within the City of San Rafael (the “City”), unless the owner is by law exempt from taxation, in which case, the Parcel Tax shall be assessed to the holder of the possessory interest in such parcel, unless such holder is also by law exempt from taxation. The Parcel Tax is an excise tax on the use of property within the City. 4911-8089-4213 v1 Page 3 of 8
B. The Parcel Tax shall hereby be established and levied each year, commencing July 1st after the Effective Date, on each parcel of taxable real property, improved or unimproved, within the boundaries of the City at the rate of fourteen and one-half cents ($0.145) per square foot of improved building area and seventy-five dollars ($75.00) per vacant parcel.

C. The collection of the Parcel Tax shall commence on July 1st after the Effective Date and continue for thirty (30) years thereafter or so long as bonds for the planning and construction of a new library and community center remain outstanding requiring debt service payments, whichever is longer.

D. The Parcel Tax shall be collected by the Marin County Tax Collector (the “Tax Collector”) at the same time and in the same manner and shall be subject to the same penalties as ad valorem property taxes collected by the Tax Collector. The collection of the Parcel Tax hereunder shall not decrease the funds available from other sources of the City in any period from the Effective Date hereof.

E. For the purposes of this Chapter, a “parcel of taxable real property” shall be defined as any unit of real property located in the City which receives a separate tax bill for ad valorem property taxes from the Tax Collector. “Building” is defined as any structure having a roof supported by columns or walls and designed for the shelter or housing of any person or property of any kind. The word “building” includes the word “structure” and encompasses, without limitation, all residential, commercial and industrial structures. “Improved parcel” is defined as a parcel on which there exists any building. “Vacant parcel” is defined as a parcel on which no building exists.

F. The City shall be authorized to incur bonded indebtedness for eligible capital costs related to the planning and construction of a new library and community center as well as upgrades to San Rafael’s branch libraries, utilizing the proceeds from the Parcel Tax to make principal and interest payments to service such debt.

G. All property that the Tax Collector has determined to be otherwise exempt from property taxes, or on which no ad valorem property taxes have been levied, in any year shall also be exempt from the Parcel Tax in such year. The Tax Collector's determination of exemption or relief for any reason of any parcel from taxation, other than the Senior Citizen Exemption (defined below), shall be final on the taxpayer for purposes of this Chapter. Taxpayers desiring to challenge the Tax Collector's determination should do so under the procedures established by the Tax Collector's Office, applicable provisions of the California Revenue and Taxation Code or other applicable law. Taxpayers seeking any refund of taxes paid pursuant to this Chapter shall follow the procedures applicable to tax refunds pursuant to the California Revenue and Taxation Code and any other generally applicable law.

H. An optional exemption (heretofore the “Senior Citizen Exemption”) from the Parcel Tax will be made available annually to each individual in the City who attains 65 years of age prior to July 1 of the tax year, and who owns a beneficial interest in the parcel, and who uses that parcel as his or her principal place of residence, and who applies for such exemption to the City on or before June 1st of each tax year, or during the first year of the tax at a date to be determined by the Tax Collector. Any application for such exemption must be submitted to the Tax Collector, pursuant to any rules and regulations of the Tax Collector.
4911-8089-4213 v1 Page 4 of 8
Section 3.42.030 - Levy, Collection, Purpose.

A. The proceeds of the Parcel Tax shall be deposited into a special fund, maintained by the City, which proceeds, together with any interest and any penalties thereon, collected each fiscal year shall be used solely for the purposes set forth in this Section. The proceeds from the Parcel Tax shall be expended only for these purposes.

B. The proceeds collected by the levy of the Parcel Tax shall be used as follows:

1. The City shall be authorized to fund the planning, construction, equipping and furnishing of a new main library and community center, with associated parking lots, on City-owned property at Albert Park, located near 1st Street and B Street in Downtown San Rafael (the “Albert Park Main Library and Community Center”), and issue and sell bonds to provide financing for the specific capital projects listed below, subject to all of the accountability safeguards specified herein (hereinafter referred to as “Project” or “Projects”).

2. The Albert Park Main Library and Community Center Project shall be sized to meet total citywide library square footage requirements appropriate for a city the size of San Rafael (~0.70 - 0.75 square feet per capita) not including associated parking, outdoor spaces, and landscaping. The majority of the building square footage needed to achieve the total required citywide square footage of library space shall be provided by the Albert Park Main Library and Community Center Project, but this Initiative shall not preclude adding additional library square footage to the branch libraries as part of the effort to achieve the aforementioned total citywide library square footage requirements of ~0.70 - 0.75 SF per capita. The community center Project component at Albert Park should be sized, at minimum, to meet the current community center uses in that location at the time the Project is planned for construction.

3. All designs and planning for the Albert Park Main Library and Community Center shall include the preservation or relocation of the existing Lonatese Gardens at Albert Park.

4. Provided that sufficient funding is available from the proceeds of the Parcel Tax to fund the planning and construction of a new Albert Park Main Library and Community Center, additional funding from the Parcel Tax may also be used to fund upgrades, renovations, remodeling, technology improvements, and furnishing/equipment improvements at Pickleweed Branch Library and Terra Linda Branch Library.

5. Each Project described herein is assumed to include its share of costs of bond issuance, architectural, engineering, legal and similar planning costs; litigation costs; construction management; Project bond consultants; staff development and training expenses associated with learning construction techniques and approaches and new equipment and systems; the furnishing and equipping of all Projects, including equipment to maintain facilities in a safe and clean condition; and a customary contingency for unforeseen design and construction costs. 4911-8089-4213 v1 Page 5 of 8
Payment of the costs of preparation of facilities planning and Project implementation studies, feasibility and assessment reviews, master planning, environmental studies, permit and inspection fees, studies and assessments, including ADA and seismic, and temporary housing and relocation costs for dislocated programs or activities caused or necessitated by Projects are permissible expenditures.

6. The final cost of each Project will be determined as plans are finalized and Projects are completed. Based on the final costs of each Project, certain of the Projects described above may be delayed or may not be completed. Necessary site preparation, grading or restoration may occur in connection with new construction, including ingress and egress, removing, replacing or installing irrigation, utility lines, trees and landscaping, relocating fire access roads and acquiring any necessary easements, leases, licenses or rights of way to the property.

7. Proceeds from the Parcel Tax shall be used only for the planning, construction, equipping and furnishing of the facilities and grounds identified in this section, and not for any other purpose, including administrator salaries and other operating expenses, in accordance with applicable law.

8. Where feasible, Projects may be completed in partnership with other public or private agencies on a joint use basis using Parcel Tax proceeds or related bonded indebtedness, subject to federal tax rules and regulations.

C. The purposes set forth in this Section shall constitute the specific purposes of this Chapter, which are specific and legally binding limitations on how the proceeds of the Parcel Tax may be spent. The proceeds of the Parcel Tax shall be used only for such purposes and shall not fund any purpose other than those set forth herein.

Section 3.42.040 - City Annual Report.

The City shall prepare a report on at least an annual basis which shows the amount of funds collected and expended, and the status of any Project required or authorized to be funded, by the Parcel Tax. The City shall file each report with the Mayor, City Council and the oversight committee referenced in this Chapter.

Section _3.42.050 - Parcel Tax Funds Shall Not Replace Existing Funding.

A. The People of the City of San Rafael find and declare that, absent the Parcel Tax funds, the City would require more resources than are currently provided to plan, construct, equip and furnish a new library and community center. In adopting this Parcel Tax, the People of the City are providing new, additional City resources to complement, but not to replace or supplant, any or all pre-existing City, State, Federal or other funding for the planning, construction, equipping and furnishing of a new library.

B. Consistent with subsection (A), the People of the City of San Rafael specifically find and declare that their contributions to and disbursements from the special Parcel Tax fund authorized by this Chapter are discretionary expenditures by the City for the direct benefit 4911-8089-4213 v1 Page 6 of 8
of the residents of the City. In the event that the State attempts, directly or indirectly, to redistribute these expenditures to other jurisdictions or to offset or reduce State or Federal funding to the City because of the contributions to and disbursements from the special Parcel Tax fund authorized by this Chapter, the City shall transfer said monies that would otherwise be distributed each year from the special Parcel Tax fund to such other fund as the City Council may designate, to be spent for purposes which are substantially equivalent to the purposes set forth in this Chapter.

Section 3.42.060 - Increase in Appropriations Limit.

To the extent that the revenue from the Parcel Tax is in excess of the spending limit for the City, as provided for in applicable provisions of the California Constitution and State law, the approval of the Parcel Tax by the voters shall constitute approval to increase the City’s spending limit in an amount equal to the revenue derived from the Parcel Tax for the maximum period of time as allowed by law.

Section 3.42.070 - Fiscal Accountability Protections and Oversight.

Starting with the first operative year of this Chapter, the City shall establish an oversight committee comprised of San Rafael residents to submit a report on at least an annual basis to the Mayor and City Council evaluating whether the proceeds from the Parcel Tax are being properly expended for the purposes set forth in this Chapter.

Proceeds from the Parcel Tax shall be subject to the City’s generally applicable independent annual audit procedures and requirements.

Section 3.42.080 - Preservation of Historic Carnegie Library.

The People of the City of San Rafael specifically find and declare that the historic Carnegie Library building constructed in 1909 in Downtown San Rafael is an essential element of the City’s history, architecture and character and shall be preserved for future use. Within two (2) years of the Effective Date of this Measure, the San Rafael City Council shall initiate a public planning process related to the preservation of the historic San Rafael Carnegie Library building for ongoing civic, community or community-serving commercial uses. The planning process shall guide the development of a proposal, to be presented to the community, for the preservation and reuse of the historic Carnegie Library in Downtown San Rafael after the library vacates the building.

SECTION 4. Effective Date and Implementation.

A. This Initiative shall be effective upon the earliest date legally possible after the elections official certifies the vote on the Initiative by the voters of the City of San Rafael pursuant to the California Elections Code (the “Effective Date”).

B. Upon the Effective Date of this Initiative, the City is directed to promptly take all appropriate actions needed to implement this Initiative, including but not limited to taking any administrative steps necessary to administer and collect the Parcel Tax authorized herein or to update any City codes or any other documents maintained by the City so they conform to the legislative policies set forth in this Initiative.

C. The City may reorganize, renumber, and/or reformat the Municipal Code provisions included in Section 3 of this Initiative, provided that the full text is inserted into the Code without alteration.
4911-8089-4213 v1 Page 7 of 8
SECTION 5. Interpretation and Severability.

A. This Initiative must be broadly construed to achieve the purpose stated above. It is the intent of the voters that the provisions of this Initiative be interpreted or implemented by the City and others in a manner that facilitates the purpose set forth in this Initiative.

B. This Initiative and the special tax authorized herein are adopted pursuant to the provisions and authority contained in the California Constitution, including Article II, § 11.

The People of the City declare their intent that this citizen Initiative, if approved by a simple majority of voters pursuant to controlling California case law, shall be enacted, and the parcel tax be collected, for the entire uninterrupted period described herein. To the extent that the California Constitution or other applicable state law is amended, either at the same election or any time after this Initiative is adopted by San Rafael’s voters, to create additional or different voting requirements necessary to implement or to continue to implement this Initiative, the People of the City of San Rafael declare their intent that any such amendments should, to the greatest extent allowed by law, be applied prospectively only and not apply to, or in any way affect, this Initiative.

C. This Initiative must be interpreted so as to be consistent with all federal and state laws, rules, and regulations. If any section, sub-section, sentence, clause, phrase, part, or portion of this Initiative is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision does not affect the validity of the remaining portions of this Initiative. The voters declare that this Initiative, and each section, subsection, sentence, clause, phrase, part, or portion thereof, would have been adopted or passed irrespective of the fact that any one or more sections, sub-sections, sentences, clauses, phrases, part, or portion is found to be invalid. If any provision of this Initiative is held invalid as applied to any person or circumstance, such invalidity does not affect any application of this Initiative that can be given effect without the invalid application.

D. If any portion of this Initiative is held by a court of competent jurisdiction to be invalid, we the People of the City of San Rafael indicate our strong desire that: (i) the City Council use its best efforts to sustain and re-enact that portion, and (ii) the City Council implement this Initiative by taking all steps possible to cure any inadequacies or deficiencies identified by the court in a manner consistent with the express and implied intent of this Initiative, including adopting or reenacting any such portion in a manner consistent with this Initiative.

SECTION 6. Municipal Affairs. The People of the City hereby declare that providing funding for the planning, construction, equipping and furnishing of a library and community center through a parcel tax for the purposes set forth in this Initiative constitutes a municipal affair. The People of the City hereby further declare their desire for this Initiative to coexist with any similar tax measures adopted at the city, county, or state levels.

SECTION 7. Conflicting Measures. To ensure that the intent of the voters is not frustrated, this Initiative is presented to the voters as an alternative to, and with the express intent that it will compete with or take precedence over, any and all voter initiatives or City-sponsored measures placed on the same ballot as this Initiative and which, if approved, would adopt a special tax to authorize and/or fund the planning and construction of a library and community center at Albert Park which would frustrate the purpose and intent of this Initiative (each, a “Conflicting Measure”). In the event that this Initiative and one or more Conflicting Measures are adopted by the voters at the same election, then it is the voters’ intent that only the measure which receives the greatest number of affirmative votes shall control in its entirety and said other measure or 4911-8089-4213 v1 Page 8 of 8
measures shall be rendered void and without any legal effect with respect to such matters. If this Initiative is prevented from going into effect by a Conflicting Measure approved by the voters at the same election, and such Conflicting Measure is later held invalid, this Initiative shall be selfexecuting and given full force of law. Notwithstanding the foregoing provisions of this Section, in the event that both this Initiative and another measure(s) are adopted by the voters at the same election, but the two measures can be harmonized in a manner that permits this Initiative to be implemented upon its adoption without imposing any inconsistent requirement(s), then it is the voters’ intent that both the other measure and this Initiative shall be given full force and effect regardless of which measure receives the greatest number of affirmative votes.

SECTION 8. Amendment. This Initiative may be amended or repealed only by the voters of the City of San Rafael voting in an election held in accordance with state law.

It is hereby certified that this ordinance was duly adopted by the voters at the November 5, 2024 election, and that the City Council declared the results of such election int he manner required by law, at a meeting of the City Council held on the 16th day of December, 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
____________________

KATE COLIN
Mayor
Minutes subject to approval at the 12/16/24 City Council Meeting

MINUTES
SAN RAFAEL CITY COUNCIL - MONDAY, DECEMBER 2, 2024
REGULAR MEETING AT 6:00 P.M.

San Rafael City Hall, Council Chambers
1400 Fifth Avenue, San Rafael, CA 94901
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OPEN SESSION

1. None.

CLOSED SESSION

2. Closed Session: - None.

Present: Councilmember Bushey
Vice Mayor Hill
Councilmember Kertz
Councilmember Llorens Gulati
Mayor Kate

Absent: None
Also Present: City Manager Cristine Alilovich
City Attorney Rob Epstein
City Clerk Lindsay Lara
Mayor Kate called the meeting to order at 6:00 p.m. and invited City Clerk Lindsay Lara to call the roll. All members of the City Council were present.

Mayor Kate provided opening remarks which included gratitude to City Staff (especially to Police, Fire and Public Works for their work during the rains) and a land acknowledgment.

CITY MANAGER AND COUNCILMEMBER REPORTS:
(including AB 1234 Reports on Meetings and Conferences Attended at City Expense)

3. City Manager and Councilmember Reports:
2 City Manager Cristine Alilovich reported on:
• Appreciation to staff at Public Works, Fire and Police for their work during the storm • Public Health Updates (food recalls, the Bird Flu, COVID-19, etc.) • Santa Cop Program Update
• Santa (arriving aboard Fire Engine 51) to visit kids at West End Nursery on Saturday, December 7, 1-3 p.m.
• Lighted Boat Parade to be held Saturday, December 7, 6 p.m. • Menorah lighting and Gelt drop to be held Sunday, December 29, downtown, 5-6:30 p.m.

City Councilmember Reports:
• Councilmember Kertz reported on a Marin Wildfire Prevention Authority meeting. • Councilmember Bushey reported on a meeting with the Marin Transit Executive Director.
• Councilmember Llorens Gulati reported on the steering committee kick-off for the county-wide Sea Level Rise Adaptation Plan and the lighting of the holiday tree event. • Mayor Kate reported on Sonoma Marin Area Rapid Transit (SMART) and a ribboncutting for Paradise Sushi.

Mayor Kate invited public comment; however, there was none.

CONSENT CALENDAR:

Mayor Kate invited public comment; however, there was none.

Councilmember Llorens Gulati moved and Councilmember Kertz seconded to approve the Consent Calendar.

4. Consent Calendar Items:
a. Approval of Minutes
Approve Minutes of the Regular City Council Meeting of November 18, 2024 (CC) Approved minutes as submitted
b. Public Art Review Board
Resolution and Appointment (CC):
i. Resolution Amending the Public Art Review Board Bylaws to Remove the Planning Commission Representative and Replace it with an At-Large Member Seat Resolution 15357 - Resolution Amending the Public Art Review Board Bylaws to Remove the Planning Commission Representative and Replace it with an At-Large Member Seat ii. Appoint Meili Zhao to the Public Art Review Board to the End of October 2028 Approved appointment of Meili Zhao to the Public Art Review Board to the End of October 2028
c. Strategic Consulting Services
Authorize the City Manager to Enter into a First Amendment to the Professional Services Agreement with CivicMakers, LLC for Strategic Consulting Services, In an Amount of $33,535, Increasing the Total Not-To-Exceed Amount of the Agreement to $98,535 (DS) Authorized the City Manager to enter into a first amendment to the professional services agreement with CivicMakers, LLC for strategic consulting services, in an amount of $33,535, increasing the total not-to-exceed amount of the agreement to $98,535 3 d. Telephone Project Implementation Services
Authorize the City Manager to Enter into a First Amendment to the Professional Services Agreement with Xantrion, Inc. for Telephone Implementation Services, In an Amount of $40,000, Increasing the Total Not-To-Exceed Amount of the Agreement to $97,000 (DS) Authorized the City Manager to enter into a first amendment to the professional services agreement with Xantrion, Inc. for telephone implementation services in the amount of $40,000, increasing the total not-to-exceed amount of the agreement to $97,000 e. Citywide Bicycle and Pedestrian Plan Update
Authorize the City Manager to Enter into a Professional Services Agreement with Parametrix, Inc. to Update San Rafael’s Citywide Bicycle and Pedestrian Plan in the Amount Not to Exceed $236,710 (PW)
Authorized the City Manager to enter into a professional services agreement with Parametrix, Inc. to update San Rafael’s Citywide Bicycle and Pedestrian Plan (CBPP) in the amount not to exceed $236,710; And, authorized supplemental budget appropriations of $16,710 from available Gas Tax funds (Fund 206) for the project
f. Francisco Boulevard East Mid-Block Crossing Enhancement Project Authorize and Award Agreements for the Francisco Boulevard East Mid-Block Crossing Enhancement Project, Including:
i. A Construction Agreement with Mike Brown Electric, Co. in the Amount of $429,968 and Authorize the City Manager to Use Contingency Funds of $86,032 for a Not-To Exceed Amount of $516,000 for the Project
Awarded the construction agreement (the “Construction Agreement”) for the project to Mike Brown Electric Co., authorized the City Manager to execute the construction agreement in the amount of $429,968, and authorized the City Manager to amend the contract amount using contingency funds of $86,032 for a total not to exceed amount of $516,000 for the project
ii. A First Amendment to a Task Order Agreement with Kimley-Horn and Associates, Inc. for Additional Construction Support Services, in an Additional Amount of $16,950, Increasing the Total Not-To-Exceed Amount of the Agreement to $85,643 Authorized the City Manger to enter into a first amendment to the task order agreement with Kimley-Horn and Associates, Inc. (“Kimley-Horn”) for additional construction support services for the Project in an additional amount of $16,950, increasing the total not-toexceed amount of the agreement to $85,643 iii. A Funding Agreement with Canal Alliance and Related Supplemental Budget Appropriation
Authorized the City Manager to enter into a funding agreement with Canal Alliance and authorized supplemental budget appropriation in the amount of $409,233 (Fund 206) iv. Approve the Plans and Specifications for the Project (PW) Approved plans and specifications for the Francisco Boulevard East Mid-Block Crossing Enhancement Project (also referred to as “City Project No. 11451” and “the Project”), deemed reasonable by the City Engineer, on file in the Department of Public Works AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None

OTHER AGENDA ITEMS

5. Other Agenda Items:
4 a. Affordable Housing Funding Recommendation and Upcoming Notice of Funding Availability
i. Resolution Authorizing the Appropriation of $252,000 to Support the Acquisition of a Nine-Unit Apartment Building at 1400 Lincoln Avenue for the Preservation as Affordable Housing
ii. Informational Report on the Status and Scope of Joint Notice of Funding Availability with the County of Marin in January 2025
Housing Manager Alexis Captanian presented the Staff Report.

Staff responded to questions from the City Council.

Mayor Kate invited public comment.

Speakers: Yolanda Oviedo, Canal Alliance, John Reynolds Staff responded to questions raised during public comment.

Councilmembers provided comments.

Councilmember Llorens Gulati moved and Councilmember Kertz seconded to adopt the resolution authorizing the appropriation of $252,000 to support the acquisition of a nineunit apartment building at 1400 Lincoln Avenue for the preservation as affordable housing.

AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
Resolution 15358 - Resolution Authorizing the Appropriation of $252,000 to Support the Acquisition of a Nine-Unit Apartment Building at 1400 Lincoln Avenue for the Preservation as Affordable Housing
Vice Mayor Hill moved and Councilmember Kertz seconded to accept the informational report on the status and scope of joint notice of funding availability with the County of Marin in January 2025.

AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
Accepted informational report on the status and scope of joint notice of funding availability with the County of Marin in January 2025

PUBLIC HEARINGS

6. Public Hearings:
a. Northgate Town Square Project – Consideration of the Environmental Impact Report and Project Entitlements to Redevelop the Existing Northgate Mall Property Located at 5800 Northgate Drive
Northgate Town Square Project – (5800 Northgate Drive) – Public Hearing to Consider the Project, Which Includes an Environmental Impact Report, Entitlement Requests from 5 Merlone Geier Partners, LLC for a Rezone from General Commercial District to Planned Development Zone, a Vesting Tentative Subdivision Map, a Master Use Permit Inclusive of an Affordable Housing Agreement, an Environmental and Design Review Permit, and a Master Sign Program to Allow a Comprehensive Redevelopment of the Existing Northgate Mall into a Phased Mixed-Use Development
Recommended Action -
i. Adopt a Resolution certifying the Final Environmental Impact Report (FEIR) for the Northgate Town Square Project (Attachment 1)
ii. Introduce an Ordinance to adopt a Zoning Amendment to establish the Northgate Town Square Planned Development (PD) District, approve the Northgate Town Square Development Plan, amend the City’s Zoning Map, and rezone the 44.76-acre Northgate Mall property from General Commercial to the Northgate PD District and including adoption of Findings of Fact, a Statement of Overriding Consideration, and a Mitigation Monitoring and Reporting Program (MMRP) for the Northgate Town Square Project (Attachment 2) iii. Adopt a Resolution approving the Vesting Tentative Subdivision Map, Master Use Permit inclusive of a project wide affordable housing agreement, Environmental and Design Review Permit, and Master Sign Program for the Northgate Town Square Project (Attachment 3) City Manager Cristine Alilovich expressed her appreciation to staff, introduced Community & Economic Development Director Micah Hinkle who presented the Staff Report along with Heather Hines (M-Group), Theresa Wallace (LSA Associates), David Parisi (Parametrix), Public Works Director April Miller, Fire Chief Abraham Roman and Libby Seifel (Seifel Consulting).

Mayor Kate called a recess at 7:15 pm and called the meeting back to order at 7:23 p.m.

Dave Geiser, for Applicant Merlone Geier, provided comments.

Mayor Kate invited public comment.

Speakers: Gloria Smith, Responsible Growth Marin, Pam Reaves, Marin Conservation League, David Smith, Responsible Growth Marin, Shirley Fischer, Responsible Growth Marin, Susan Coleman, Responsible Growth Marin, Phil Hallstein, Responsible Growth Marin, Claire Halenbeck, Responsible Growth Marin, Grace Geraghty, Responsible Growth Marin, Julie Case, Responsible Growth Marin, Adam Suleman, Sheraton Four Points, Ron Brown, Marin Organizing Committee, Victoria Holdridge, Unitarian Universalist Congregation Marin, Jeff Bialik, Housing Crisis Action Marin, Marin Organizing Committee, Ruth Vosmek, John Reynolds, Matthew Hartzell, WTB-TAM, Marin County Bicycle Coalition, Regina Bianucci Rus, League of Women Voters Marin, Bill Carney, Sustainable San Rafael, Chris Palomo, Nor Cal Carpenter's Union, Roger Smith, Michele Hassid, San Rafael Chamber of Commerce, Eric B., Tim Park, Kate Powers, Marin Conservation League, Ray Lorber, Karen Strolia, San Rafael Chamber of Commerce, Gail Napell, Marin Environmental Housing Collaborative, Name Withheld, Jenny Silva, Marin Environmental Housing Collaborative, Silre D., Northern California union worker, Name Withheld, Laura Silverman, Carlin P., David Carey, Shinji Sakai-Egi
Mayor Kate called a recess at 9:04 pm and called the meeting back to order at 9:23 p.m.

Staff responded to questions raised during public comment.

Staff responded to questions from the City Council.
6 Councilmembers provided comments.

The City’s legal counsel read a few clarifications into the record:

The Motion to Adopt a Resolution approving the Vesting Tentative Subdivision Map, Master Use Permit inclusive of a project wide affordable housing agreement, Environmental and Design Review Permit, and Master Sign Program for the Northgate Town Square Project (Attachment 3) was made subject to the following revisions in the City Council packet (additions in underline, deletions in strikethrough):

1. The Project Wide Below Market Rate Housing Agreement is amended as follows:
• Section 14. Remove words: “and charge.”
• Section 16. Release of Parcels. This Agreement is entered into to provide for the development of Affordable Housing Units on the six (6) Development Parcels containing Affordable Housing Units.
• (a) Those portions of the Project not containing the Development Parcels shall be released from this Agreement upon the earlier of (i) the recording of a final map for said portions of the Project not containing the Development Parcels, which map substantially conforms to the Vesting Tentative Subdivision Map approved by the City Council in Resolution No. XXXX adopted on December 2, 2024 or (ii) the issuance of a building permit for the development of any portion of the Project not containing the Development Parcels. Such release shall be in the form attached as Exhibit “C” hereto. • (b) A parcel or parcels shall also be released from this Agreement, at such time reasonably determined by the City, in the event the Project Approvals (i) have expired without having been exercised or vested, and (ii) confer no rights to develop the released parcel or parcels. Such release shall be in the form attached as Exhibit “C” hereto.
• (bc) This Agreement is not intended to affect existing or future non-residential operations or development. Until such time(s) that the release described in Section 16(a) occurs, upon receipt of a written request from an owner, operator, developer or lender regarding an existing or proposed nonresidential use or development on the Property, the City shall promptly provide written confirmation that this Agreement does not apply to said nonresidential use or portion of the Project Property.

2. The Conditions of Approval are amended as follows:
• Repeal and Replace existing COA 113 with: No certificates of occupancy for market rate residential units, including rental and for-sale townhome or condominium units, shall be issued until all certificates of occupancy have been issued for below market rate units required for such market rate units. On any of the six Project residential development parcels, Applicant shall not be required to provide more than 10% of the total number of units as below market rate units, except that the number of required below market rate units shall be rounded up to the nearest whole number if its calculation would result in a fractional number. 7 • 114. For each townhome or condominium development in the Project, all required below market rate townhomes or condominiums shall obtain certificates of occupancy prior to the first certificates of occupancy on market rate townhomes or condominiums. Applicant shall not be required to provide more than 10% of the total number of townhomes or condominiums as below market rate townhomes or condominiums.
• New condition added to the conditions of approval: Within three months of the issuance of the final certificate of occupancy for Phase 1 of the project, the applicant shall pay all out of pocket costs related to a comprehensive City traffic study that studies all intersections and road segments originally studied as a part of the Project EIR in order to determine whether such intersections and road segments are maintaining LOS D. The study shall be for informational purposes only.

Councilmember Kertz moved and Councilmember Bushey seconded to adopt a resolution certifying the Final Environmental Impact Report (FEIR) for the Northgate Town Square Project, with the modifications as read into the record.

AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
Resolution 15359 - Resolution certifying the Final Environmental Impact Report (FEIR) for the Northgate Town Square Project
Councilmember Kertz moved and Councilmember Bushey seconded to waive further reading of the Ordinance and refer to it by title only, and introduce the Ordinance.

AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
Waived further reading of the Ordinance and referred to it by title only, and introduced the Ordinance
The City Clerk read the title of the ordinance:

An Ordinance of the San Rafael City Council Approving An Amendment to the City of San Rafael Zoning Map to Rezone the Northgate Town Square Redevelopment Project Site from General Commercial (GC) to the Northgate Town Square Planned Development (PD) District Consistent with San Rafael Municipal Code Chapter 14.07 (Planned Development District) and Section 14.27.060, Approve the Northgate Town Square PD Development Plan, and Approve the Northgate Town Square PD Development Standards , Together with Making CEQA Findings of Fact, Adopting a Statement of Overriding Considerations, and Adopting a Mitigation Monitoring and Reporting Program for the Project (APNS 175-060-12, 175-060- 40, 175-060-59, 175-060-61, 175-060-66, And 175-060-67) Councilmember Kertz moved and Councilmember Bushey seconded to adopt a resolution approving the Vesting Tentative Subdivision Map, Master Use Permit inclusive of a project wide affordable housing agreement, Environmental and Design Review Permit, and Master Sign Program for the Northgate Town Square Project, with the modifications as read into the record.
8 AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
Resolution 15360 - Resolution approving the Vesting Tentative Subdivision Map, Master Use Permit inclusive of a project wide affordable housing agreement, Environmental and Design Review Permit, and Master Sign Program for the Northgate Town Square Project

OPEN TIME FOR PUBLIC EXPRESSION
• Name Withheld, expressed appreciation for the Library and Northgate development.

ADJOURNMENT:

Mayor Kate adjourned the meeting at 10:41 p.m.
__________________________
LINDSAY LARA, City Clerk

APPROVED THIS _____DAY OF____________, 2024

_____________________________________
KATE COLIN, Mayor
1 ORDINANCE NO. 2043

AN ORDINANCE OF THE SAN RAFAEL CITY COUNCIL APPROVING AN AMENDMENT TO

THE CITY OF SAN RAFAEL ZONING MAP TO REZONE THE NORTHGATE TOWN SQUARE

REDEVELOPMENT PROJECT SITE FROM GENERAL COMMERCIAL (GC) TO THE

NORTHGATE TOWN SQUARE PLANNED DEVELOPMENT (PD) DISTRICT CONSISTENT WITH SAN RAFAEL MUNICIPAL CODE CHAPTER 14.07 (PLANNED DEVELOPMENT DISTRICT) AND SECTION 14.27.060, APPROVE THE NORTHGATE TOWN SQUARE PD

DEVELOPMENT PLAN, AND APPROVE THE NORTHGATE TOWN SQUARE PD

DEVELOPMENT STANDARDS , TOGETHER WITH MAKING CEQA FINDINGS OF FACT,

ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A

MITIGATION MONITORING AND REPORTING PROGRAM FOR THE PROJECT (APNS 175-060-12, 175-060-40, 175-060-59, 175-060-61, 175-060-66, and 175-060-67) WHEREAS, the Northgate Mall, located at 5800 Northgate Drive, began operation in 1964, underwent major renovations in 1987 to enclose the original open-air design, and was subsequently renovated and altered in 2008; and currently consists of approximately 766,507 square feet of commercial space in multiple buildings plus a movie theater, parking structure and surface parking lots; and
WHEREAS, the term “Project” shall mean the Northgate Town Square Project as approved by the City of San Rafael, including Phase 1 (2025) includes operation of 501,941 square feet of commercial space, 864 residential units (87 deed restricted below market rate units affordable to low-income households), and privately owned publicly accessible open space and recreational uses including but not limited to the 56,975 square foot Town Square, 9,604 bicycle hub, and bicycle and pedestrian facilities. Phase 2 (2040) includes operation of 219,380 square feet of commercial space, 1,422 residential units (including 143 deed restricted below market rate units affordable to low-income households); and
WHEREAS, the term “Project Site” shall mean the approximately 44.76 acre property commonly known as the Northgate Mall and encompassing the Project as represented on Sheet SD-12 of the approved plan set, inclusive of APN #s 175-060-012, -040, -059, -061, -066, and - 067; and
WHEREAS, in 2017 Merlone Geier Partners purchased the Project Site from The Macerich Company; and
WHEREAS, on March 10, 2021, David Geiser, on behalf of Merlone Geier Partners submitted Project applications to the City of San Rafael Community and Economic Development Department for a Planned Development (PD) Rezoning (ZC21-001), Vesting Tentative Subdivision Map (TS21-002), Master Use Permit (UP21-007), Environmental and Design Review Permit (ED21-024) and associated Density Bonus application, Master Sign Program (SR24-002), and Development Agreement (DA21-001) for the phased redevelopment of the Northgate Mall, into a mixed-use development with retail and residential components, referred to as the Northgate Town Square Project and/or the Northgate Mall Redevelopment Project; and WHEREAS, the application for rezoning to a PD District includes a development plan and incorporates the information required pursuant to San Rafael Municipal Code Section 14.07.060; and
WHEREAS, during initial review of the application materials, the City of San Rafael determined that the proposed redevelopment is a “Project” pursuant to Public Resources Code Section 21000 et seq. (the California Environmental Quality Act, or “CEQA”) and Section 15378 of the CEQA Guidelines; and
2 WHEREAS, the City of San Rafael obtained the services of LSA Associates, Inc. to prepare documentation of the Project’s environmental impacts consistent with CEQA; and WHEREAS, on September 14, 2021, the San Rafael Planning Commission and Design Review Board held a Joint Study Session to provide feedback to the applicant regarding the Project’s land use and design components; and
WHEREAS, on December 9, 2021, a Notice of Preparation (NOP) of an Environmental Impact Report (EIR) was published with the State Clearinghouse, filed with the Marin County Clerk, published on the City of San Rafael website, circulated in the Marin Independent Journal, and mailed to all owners and occupants of property within a 300-foot radius of the Project Site, commencing a public comment period on the scope and contents of the EIR, extending through January 14, 2022; and
WHEREAS, on January 11, 2022, in compliance with local regulations and CEQA Section 21083.9, the Planning Commission held a duly noticed public scoping meeting on the NOP to take comments for preparation of the EIR; and
WHEREAS, commenters provided verbal comments at the January 11, 2022, scoping meeting and 55 written comments during the NOP comment period; and WHEREAS, comments received in response to the NOP generally related to: project size, consistency with the San Rafael General Plan and other planning and policy documents; residential density and inclusionary housing; visual character, scenic views, and nighttime lighting; archaeological and tribal resources; stability of site soils; water quality, stormwater treatment, and nearby waterways; hazards and hazardous materials; vehicle trips, traffic congestion, vehicle miles traveled (VMT), circulation, emergency access, alternative modes of travel, and parking; air quality and health risks; greenhouse gas emissions, energy consumption, and use of backup energy sources; noise and vibration; public services; parks and recreational services; water supply, infrastructure improvement, and solid waste services; nesting birds, bats, and wildlife corridors; wildfire and emergency evacuation; and cumulative impacts; and WHEREAS, on March 9, 2022, the applicant submitted revisions to the Project application in response to feedback at the joint study session of the Planning Commission and Design Review Board held on September 14, 2021; and
WHEREAS, on March 14, 2022, the application was resubmitted to the City of San Rafael Community and Economic Development Department, Planning Division for review; and WHEREAS, on May 17, 2022, the City of San Rafael Design Review Board held a public meeting to provide feedback on the Project, including revisions made to address comments provided at the September 14, 2021, Joint Study Session of the Planning Commission and Design Review Board; and
WHEREAS, on November 29, 2022, the Planning Commission conducted a Study Session to provide feedback and comments on revisions made to address Planning Commission, Design Review Board, and community feedback; and
WHEREAS, on May 8, 2023, the applicant submitted revisions to the Project application in response to feedback from both the Design Review Board and Planning Commission; and WHEREAS, on July 21, 2023, the applicant submitted further revisions and refinements to the Project application; and
WHEREAS, on July 18, 2023, the Design Review Board held a public meeting to provide feedback on the Project, including revisions made to address comments provided at the preceding study sessions and public meetings; and
3 WHEREAS, on September 6, 2023, the Design Review Board held a public meeting to provide feedback on the Project, including revisions made to address comments provided at the preceding study sessions and public meetings; and
WHEREAS, on November 3, 2023, the applicant submitted revisions to the Project application; and
WHEREAS, between March 10, 2021, and August 26, 2024, the applicant conducted approximately 40 community outreach meetings with various community groups, organization, and nearby residents to receive feedback about the Project; and WHEREAS, on January 5, 2024 a Notice of Completion (NOC) and Notice of Availability (NOA) of the Draft EIR (DEIR) was filed with the State Clearinghouse and the Marin County Clerk, circulated in the Marin Independent Journal, and mailed to interested persons, property owners and occupants of property within the 94903 zip code, and to all responsible, trustee and other public agencies, and was published on the City’s website, and made available for a 45-day public comment period, beginning on January 5, 2024 and closing at 5:00 p.m. on February 19, 2024; and
WHEREAS, the City prepared and distributed copies of the DEIR in conformance with CEQA, specifically CEQA Guidelines Section 15086, to those public agencies that have jurisdiction by law with respect to the Project and to other interested persons and agencies, and sought the comments of such persons and agencies; and
WHEREAS, on January 25, 2024, the City of San Rafael extended the 45-day public comment period on the DEIR to March 5, 2024; and
WHEREAS, the Planning Commission held a public hearing on February 13, 2024, to consider the DEIR, the purpose of the hearing being to inform the public about the contents of the DEIR and to receive oral comments about the adequacy and accuracy of the DEIR; and WHEREAS, written and oral comments on the DEIR have been received and responses to those comments have been prepared in the form of a Response to Comments Document and Final Environmental Impact Report ("RTC Document"), which together with the DEIR constitutes the FEIR; and
WHEREAS, on June 4, 2024, the applicant submitted a Revised Project to respond to comments received from the Planning Commission, Design Review Board, and members of the public and for evaluation in the RTC Document; and
WHEREAS, the Revised Project now is the final version of the Project before the City for consideration and includes a two-phase, mixed-use development, described as the 2025 Master Plan (Phase 1) and 2040 Vision Plan (Phase 2); and
WHEREAS, Phase 1 of the Revised Project consists of demolition of approximately 308,946 square feet of existing commercial space, ongoing use of approximately 457,561 square feet of existing commercial space, construction of approximately 44,380 square feet of new commercial space (resulting in approximately 501,941 square feet of net total commercial space), construction of 864 residential units (inclusive of 87 low-income units), construction of an approximately 56,975 square foot Town Square, construction of an approximately 9,604 square foot bike hub with amenities, and construction of other site improvements including but not limited to bicycle and pedestrian facilities, parking areas, fencing, lighting, landscaping, stormwater management areas, and signage; and
WHEREAS, Phase 2 of the Revised Project includes demolition of another approximately 4 339,861 square feet of the original existing commercial space, ongoing use of the remaining approximately 117,700 square feet of original existing commercial space, plus the approximately 44,380 square feet of new Phase 1 commercial space, construction of approximately 57,300 square feet of additional new commercial space (resulting in approximately 219,380 square feet of net total commercial space), and construction of an additional 558 residential units (inclusive of 56 affordable units); and
WHEREAS, at full buildout, the Revised Project includes 219,380 square feet of commercial space, 1,422 residential units (inclusive of 143 units affordable to lower income households), and all site improvements and amenities including the 56,975 square foot Town Square, 9,604 square foot bike hub with amenities, bicycle and pedestrian facilities, parking areas, fencing, lighting, landscaping, stormwater management areas, and signage; and WHEREAS, on June 4, 2024, as part of the Revised Project the applicant withdrew the Development Agreement (DA21-001) application; and
WHEREAS, the Planned Development District contains all contents set forth in Section

14.07.100 of the San Rafael Municipal Code; and
WHEREAS, on August 26, 2024, Merlone Geier Partners held a Community Open House at the Project Site to engage with the community about the Revised Project; and WHEREAS, the Revised Project is described in the RTC Document, including analysis of any changes in the environmental impacts or feasible mitigation from the original Project analyzed in the DEIR; and
WHEREAS, as outlined in Chapter 2 of the RTC Document, the Revised Project is determined to not present a substantial modification to the Project description as analyzed in the DEIR, and therefore does not trigger requirements for recirculation consistent with CEQA guidelines; and
WHEREAS, the environmental effects of the Revised Project have been analyzed and compared to the environmental effects presented in the DEIR, and that analysis has been included in the RTC Document, concluding that:
a) No new significant environmental impacts not previously identified in the DEIR would result from the Revised Project, and
b) No substantial increase in the severity of a previously identified environmental impact has been identified as resulting from the Revised Project, and no additional mitigation measures are necessary to reduce such impacts to a level of insignificance, and c) There is no feasible alternative or mitigation measure considerably different from others previously analyzed in the DEIR that would clearly lessen significant environmental impacts of the Revised Project and that the Project applicant declines to adopt; and WHEREAS, on September 24, 2024, the Planning Commission held a publicly noticed study session to review the Revised Project and provide clarification of the scope of the Project and anticipated milestones; and
WHEREAS, notice of public hearing was published in the Marin Independent Journal on October 12, 2024, posted onsite, and mailed to interested persons, property owners and occupants of properties within the 94903 zip code, and to all responsible, trustee and other public agencies that commented on the DEIR, informing them of the Planning Commission hearing on October 29, 2024, for recommendation to the City Council, and the RTC Document was released for public review on October 18, 2024; and
WHEREAS, the RTC Document was circulated for more than the required 10-day public 5 review period beginning on October 18, 2024, and extending through City Council consideration, on December 2, 2204; and
WHEREAS, the City distributed copies of the RTC Document in conformance with CEQA to those public agencies that have jurisdiction by law with respect to the Project and to other interested persons and agencies, and sought the comments of such persons and agencies; and WHEREAS, on October 29, 2024, the Planning Commission held a duly noticed public hearing to consider the FEIR and all Project entitlements, including the Planned Development Rezoning (ZC21-001), Vesting Tentative Subdivision Map (TS21-002), Master Use Permit (UP21- 007), Environmental and Design Review Permit (ED21-024), and Master Sign Program (SR24- 002), accepting all oral and written public testimony and the written staff report published in advance of the hearing; and
WHEREAS, at the duly noticed public hearing on October 29, 2024, the Planning Commission adopted Resolution No. 24-06, recommending that the City Council certify the FEIR on the basis of its compliance with all requirements of CEQA, and approve findings of fact, a statement of overriding considerations, and a mitigation monitoring and reporting program; and WHEREAS, also at the duly noticed public hearing on October 29, 2024, following adoption of a recommendation to City Council to certify the FEIR, the Planning Commission adopted Resolution 24-07, recommending that the City Council adopt a Zoning Amendment to establish the Northgate Town Square Planned Development District, approve the associated Northgate Town Square Development Plan, and Rezone the Northgate Mall Property from General Commercial to the Northgate Town Square Planned Development District; and WHEREAS, on November 22, 2024, the City published an Addendum to the RTC Document that included responses to approximately 20 public comment letters received during the public comment period on the DEIR but which had previously been omitted from the RTC Document; and
WHEREAS, the City received additional comment letters regarding the DEIR and the RTC Document prior to the Planning Commission’s October 29, 2024 public hearing and the City prepared responses to those comments in a Supplemental RTC that was also published by the City on November 22, 2024; and
WHEREAS, also on November 22, 2024, the City sent additional notification to Sonoma Marin Area Rail Transit (SMART) and Marin Transit as public agencies that had previously submitted comments on the DEIR in compliance with CEQA requirements, sent at least ten days prior to the City Council’s consideration of the FEIR for certification; and WHEREAS, San Rafael Municipal Code Section 14.07.040 requires the Planning Commission to make a recommendation to the City Council for all applications to reclassify property to a Planned Development District and provides the City Council as the decision-making body to approve, conditionally approve, or deny rezonings and/or development plan applications; and
WHEREAS, notice of public hearing was published in the Marin Independent Journal on November 16, 2024, posted onsite, and mailed to interested persons, property owners, and occupants of all properties with the 94903 zip code, and to all responsible, trustee, and other public agencies that commented on the DEIR informing them of the City Council hearing on December 2, 2024 for consideration of the certification of the FEIR and approval of the Project entitlements; and
6 WHEREAS, on December 2, 2024, the City Council held a duly noticed public hearing on the proposed project, accepting and considering all oral and written public testimony and the written report of the Community and Economic Development Department; and WHEREAS, on December 2, 2024, at a duly noticed public hearing and by adoption of Resolution No. XXX the City Council certified the FEIR for the Project; and WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based is the Community and Economic Development Department of the City of San Rafael; and
WHEREAS, as required by San Rafael Municipal Code Sections 14.07.090 and 14.27.060, the City Council makes the findings outlined below in support adoption of an Ordinance approving a Zoning Amendment to establish the new Northgate Mall Planned Development District as outlined in Exhibit “G” (Planned Development District Standards), approve the Northgate Town Square Development Plan as shown in Exhibit “F” (Northgate Town Square Development Plan), and rezone the property described in Exhibit “E” (Property Legal Description) from General Commercial to the Northgate Town Square Planned Development District.

WHEREAS, the proposed Zoning Amendment to adopt the Northgate Town Square Planned Development (PD) District Regulations and Development Plan is in general conformity with the San Rafael General Plan 2040 in that it is consistent with the Community Commercial Mixed Use land use designation and will allow for the phased redevelopment of the site into a mixed-use project containing commercial, residential, and public amenity uses.

WHEREAS, consistent with San Rafael Municipal Code Section 14.27.060, the proposed Zoning Amendment to adopt the Northgate Town Square Planned Development (PD) District Regulations and Development Plan is consistent with the five essential guiding principles of the San Rafael General Plan 2040, which seek to contribute to building a thriving community through:
• Economic Vitality. The zoning amendment will support economic vitality by allowing redevelopment of an underutilized commercial property with new and revitalized commercial uses of various sizes and configurations, thereby encouraging diverse job growth and sustaining a healthy tax base.
• Opportunity for All. The zoning amendment will provide flexibility for developing the site as compared to the existing General Commercial zoning designation. The PD District includes regulations for minimum usable open space for residential uses and will also provide an approximately 56,975 square foot Town Square and other publicly accessible open space amenities. As such, the zoning amendment is consistent with this guiding principle as it will facilitate redevelopment of the site which proposes to provide access to open space amenities and opportunities for residential and commercial users, as well as the to the general public, thereby improving health and wellness opportunities for the community.
• Housing Our Growing Community. The zoning amendment will allow redevelopment of the site into a mixed-use development that includes 1,422 residential units, including 143 units affordable to low-income households. As such, the zoning amendment is consistent with this guiding principle as it will facilitate redevelopment of the site, thereby building more housing, increasing housing choices for the local workforce, and improving housing affordability.
• Adapting to the Future. The zoning amendment will allow redevelopment of the underutilized Northgate Mall into a mixed-use development that includes a publicly accessible open space in the center of the site, referred to as the Town Square, as well 7 as other publicly accessible recreation amenities, including a bike fix-it station, and bicycle and pedestrian multi-use pathways. As such, the zoning amendment is consistent with this guiding principle as it will facilitate redevelopment of the site, thereby creating public spaces and accommodating change at the site. The Project is also consistent with this guiding principle as it provides for housing, including affordable housing, in an area that is prioritized for development, thereby adapting to a future that reduces reliance on single-occupancy vehicles by placing homes near goods, services, and transportation.
• Mobility. The zoning amendment is consistent with this guiding principle as redevelopment of the site will improve bicycle and pedestrian travel by integrating multi-modal paths around and throughout the site, installing a bike fix it station, and increasing bicycle parking. The developer is providing financial contribution to help fund improvements to the Merrydale connection between the site and the Marin Civic Center SMART station, which is consistent with this guiding principle as it will enhance access to public transit.

WHEREAS, consistent with San Rafael Municipal Code Section 14.27.060, the City Council finds that the public health, safety, and general welfare are served by the adoption of the Northgate Town Square Planned Development (PD) District Regulations and Development Plan in that it implements the General Plan, and the Development Plan, as proposed and conditioned, conforms with applicable City standards. The Project also serves the public health, safety, and welfare, as it will investment in the site, prevent further vacancy decline, provide a variety of housing, commercial, and recreational opportunities, and will strengthen the role of the North San Rafael Town Center by creating an attractive, thriving area that is an economically viable centerpiece of commerce and activity. The Project will also enhance the site by upgrading the appearance of buildings, improving landscaping and outdoor spaces, providing community services, providing multi-use pathways, and incorporating appropriate transitions between existing residential development south of the site and taller, denser residential buildings and commercial buildings to the north Furthermore, an Environmental Impact Report was prepared for the Project, including all feasible mitigation measures to reduce impacts to a less-than-significant level, and a statement of overriding considerations has been prepared which weighs the benefits of the Project with the significant and unavoidable environmental impacts, and as proposed and conditioned all feasible mitigation measures will be implemented to reduce to the extent possible, those significant and unavoidable impacts.

WHEREAS, as required by San Rafael Municipal Code Section 14.07.090, the City Council finds that the Northgate Town Square Development Plan is consistent with the general plan, adopted neighborhood plans and other applicable city plans or policies as fully documented in Exhibit D (General Plan Consistency Analysis) which is attached hereto and incorporated herein by this reference. The following provides a summary of the Northgate Town Square PD District and Development Plan’s consistency with the General Plan 2040 policies and programs:
• Land Use Element
The Project is consistent with the Land Use Element of the 2040 General Plan, in that:
• Adequate infrastructure is available to serve the proposed development along with existing development in the area (Policy LU-1.2 Development Timing). • The Project focuses a mixed-use Project, including new residential development in an area proximate to the Marin Civic Center SMART Station and bus stops (Policy LU-1.3 Land Use and Climate Change). • The Project proposes a residential density of 31.8 which is within the established range for the Community Commercial Mixed Use Land Use 8 Designation, which provides for a residential density between 21.8 to 43.6 units per net acre (Policy LU-1.8 Density of Residential Development; Program LU1.8B Minimum Densities). • The Project, at buildout, proposes a non-residential intensity (floor area ratio) of

0.11 where 0.3 is the maximum intensity allowed in the Community Commercial Mixed Use Land Use Designation (Policy LU-1.10 Intensity of Non-Residential Development).
• The Project includes establishment of the Northgate Town Square Planned Development District, which allows flexible design standards on a site that is greater than five aces (Policy LU-1.15 Planned Development Zoning). • The Project includes a variety of building types, scales, and heights and utilizes concessions and waivers permitted by State Density Bonus Law, allowing for a maximum building height of 78-feet across the site (Policy LU-1.18 Height Bonuses).
• The Project will enhance the existing site by upgrading the appearance of buildings, improving landscaping and outdoor spaces, providing community services, providing multi-use pathways, and incorporating appropriate transitions between existing residential development south of the site and taller, denser residential buildings and commercial buildings to the north (Policy LU3.2 New Development in Residential Neighborhoods). • The Project includes for-sale townhomes and rental apartments at a range of affordability levels, unit types, and unit sizes (Policy LU-3.3 Housing Mix). • As conditioned, the owner of the site will be required to maintain the property in good condition, including conditions of approval related to ongoing maintenance of landscaped areas in parking lots, stormwater facilities operations and maintenance, and waste and recycling maintenance for commercial and residential uses. (Policy LU-3-4 Property Maintenance; Policy LU-3.4B Conditions of Approval).
• Neighborhoods Element
The Project is consistent with the Neighborhoods Element of the 2040 General Plan, in that:
• The Project will maintain North San Rafael’s character as an attractive, suburban community with a strong sense of community identity through provisions for commercial, residential, open spaces, and amenity uses located in a central and easy to access location (Policy NH-4.1 North San Rafael). • The Project will strengthen the role of the North San Rafael Town Center as an attractive, thriving heart for the North San Rafael community as it includes a mix of for-sale and rental housing options of various sizes, will update the site with existing and new commercial uses, and includes publicly accessible open space, including a 56,975 square foot Town Square with a variety of amenities (Policy NH-4.2 North San Rafael Town Center).
• The Project includes a 56,975 square foot Town Square which will provide a day-to-day public outdoor gathering space as well as provide a public space that supports community activities and entertainment such as periodic arts and cultural events. The Project also includes provisions for outdoor patio dining, a children’s play area within the Town Square, and other uses that provide outdoor seating (Program NH-4.2B Outdoor Gathering Places). • The Town Square and provisions in the PD District guidelines will facilitate ongoing community events such as a farmers’ market (Program NH-4.2D 9 Farmers Market).
• As proposed and conditioned, the Project will improve access between the site and surrounding area through installation of pedestrian and bicycle paths throughout and around the entirety of the Project Site, installation of a multimodal path along the Las Gallinas Avenue frontage, and financial contribution of $500,000 that will be used to support improved access from the site to the nearby Civic Center Sonoma Marin Area Rail Transit Station (Policy NH-4.4 Transportation Safety and Accessibility).
• Community Design and Preservation Element
The Project is consistent with the Community Design and Preservation Element of the 2040 General Plan, in that:
• The Project Site is located in an urbanized and built-up area, surrounded by development of varying density and intensity. Though the Project will increase building heights on the site, it is appropriate for and respectful of the context of the surrounding area. The Project design improves the appearance and function of the North San Rafael Town Center as it includes redevelopment of an underutilized site and strengthens the identity in the surrounding neighborhoods through provisions for lower density and intensity residential uses proximate to areas where this land use pattern is part of the existing character of the surrounding neighborhoods (Residential 1 and 2 include townhomes across from single-family residences), and focuses denser residential, mixed-use, and commercial buildings proximate to existing commercial uses (Policy CDP-1.2 Natural Features; Policy CDP-1.5 Views; Program CDP-1.5A Evaluating View Impacts; Policy CDP-2.1 Neighborhoods, Districts, and Centers)
• The Project integrates privately owned, publicly accessible open space and associated amenities throughout the site. As proposed and conditioned, these spaces will be operated in such a way that they are continually maintained, remain safe and attractive, and contribute positively to the community.(Policy CDP-3.1 Plazas and Active Public Spaces; Program CDP-3.1E North San Rafael Improvements).
• The Project includes approximately 324,870 square feet of landscaped areas and approximately 329,142 square feet of usable open space. These areas are dispersed along the public right-of-way, along site boundaries, lining pedestrian and bicycle pathways, and throughout surface parking areas and advance goals related to walkability as the landscaped and open space areas provide an environment that is conducive to walking and biking. (Policy CDP-3.3 Landscape Design in Public Rights-of-Way; Policy CDP-3.5 Street Trees) • The Project includes redevelopment of the Northgate Mall into a mixed-use community and includes bicycle lanes, pedestrian pathways, and multi-modal facilities around the entirety of the site’s boundaries and throughout the Project Site. In addition, the Project includes various pedestrian and bicycle amenities that encourage access to the site by walking or biking, consistent with the intent of the North San Rafael Promenade Conceptual Plan. (Policy CDP-3.7 Greenways)
• The Project has been through an iterative process and incorporates designrelated feedback received from the public, neighborhood groups, organizations, and the City’s Planning Commission and Design Review Board. As detailed in Attachment 7 (Design Guidelines Consistency Analysis), the Project is consistent with the City’s adopted Residential and Non-Residential Design 10 Guidelines. (Policy CDP-4.1 Design Guidelines and Standards; Policy CDP-4.5 Higher Density Design)
• The Project includes provision of two types of open space, including privately owned, publicly accessible open space (Town Square, bicycle and pedestrian paths, Bike Hub Plaza, Corner Monument Rest Stops, and Restaurant Entry Plaza) and private open space as part of each residential parcel (pools, BBQ areas, private patios, etc.), and as proposed and conditioned these open space areas will be maintained throughout Project operation. (Policy CDP-4.6 Open Space in Multi-Family Housing)
• Large scale apartment and mixed-use buildings (Residential 4, 5, and 6) offer the highest residential density and building intensity on the site and are appropriately located away from existing, low density and intensity residential uses and nearer to existing and proposed commercial uses and parking areas.

These larger scale buildings provide a variety of architectural elements such as towers, courtyards, and awnings to create visual interest. (Policy CDP-4.7 Larger Scale Buildings)
• Residential townhomes (Residential 1 and Residential 2) are strategically located across from single-family residential uses south of the site and are in harmony with these uses in scale and intensity. Residential 3 is located north of an existing assisted living facility (known as AlmaVia of San Rafael) and incorporates sensitive scale and height transitions through the use of a variety of architectural features that break up the massing and ensure harmony with the character of this existing use. (Policy CDP-4.8 Scale Transitions) • The Project includes surface parking lots and parking garages throughout the site. Parking areas are appropriately designed to include trees and other landscaping to minimize large expanses of pavement, screen parking areas from the street, and parking areas are designed to provide a clear path of travel to building entrances. The Project also includes multi-use pathways for use by pedestrians and bicyclists throughout the Project Site and as required by Project mitigation measures and conditions of approval, sight lines at Project driveways will remain uninhibited through compliance with specific provisions related to plantings and other improvements proximate to driveways. (Policy CDP-4.9 Parking and Driveways)
• The Project includes installation of variety of trees, shrubs, grasses, groundcovers, and stormwater treatment species. Irrigation will be provided by municipal recycled water for all landscaping, as well as low water use practices (e.g., drip irrigation and smart controllers that track weather patterns and adjust irrigation run times accordingly). Additionally, green infrastructure techniques would be used to treat and infiltrate stormwater runoff from the Project Site. (Policy CDP-4.10 Landscape Design)
• As proposed and conditioned, the Project complies with zoning code regulations related to lighting, and the lighting design is complementary to the proposed building and landscape design. (Policy CDP-4.11 Lighting) • Consistent with mitigation measures and Project conditions of approval, which were developed in consultation with the Federated Indians of Graton Rancheria, the Project includes provisions for the protection of archaeological and tribal cultural resources throughout the course of ground-disturbing activities when such resources have the potential to be encountered. (Policy CDP-5.13 Protection of Archaeological Resources; Policy CDP-5.14 Tribal Cultural Resources)
11 • Conservation and Climate Change Element
The Project is consistent with the Conservation and Climate Change Element of the 2040 General Plan, in that:
• A combination of drought-tolerant trees, shrubs, grasses, ground covers, and stormwater treatment landscaping will be installed across the Project Site.

Native plants and a diversity of species that are appropriate for the dry summer climate will be planted. (Policy C-1.15 Landscaping with Appropriate Naturalized Plant Species)
• Phase 1 of the Project includes a total of 960 trees (363 existing, 597 new).

Phase 2 will result in a net increase of 23 trees, for a total 983 trees at Project buildout. Although approximately 350 trees will be removed to accommodate the proposed Project, the total number of trees at buildout will be greater than what currently exists onsite. As such, the Project will contribute to an expansion of the city’s tree canopy and associated ecological benefits. Additionally, as required by Project conditions of approval, a tree management plan will be required with submittal of plans for building permits. (Policy C-1.16 Urban Forestry; Policy C-1.17 Tree Management; Program C-1.17B Tree Management Plan; Program C-1.17C Mitigation for Tree Removal) • As proposed and conditioned, the Project complies with zoning code regulations related to lighting. (C-1.19 Light Pollution) • The Project includes home HVAC measures for each residential unit, which allows residents to keep windows closed on days when local air quality is poor.

Additionally, the Project will be required to comply with the currently applicable California Building Code, which requires installation of particulate matter air filters with a minimum MERV-13 rating. The Project also includes a substantial increase in the amount of landscaping on the Project Site which includes landscaped buffers between residential buildings and surrounding roadways. (Policy C-2.2 Land Use Compatibility and Building Standards) • As described in detail in the FEIR, the Project will result in a reduction in both residential and retail vehicle miles traveled, thereby reducing the number and length of car trips compared to existing use of the site. Additionally, the Project includes installation of new multi-modal pathways, bike lanes and enhanced gateway features with amenities, a Bike Hub Plaza, and will contribute financially to planned improvements for access to and from the Marin Civic Center Sonoma-Marin Area Rail Transit (SMART) station all of which are aimed at reducing vehicle trips and associated emissions. The Project as proposed and conditioned also achieves compliance with off-street electric vehicle requirements in the most recently adopted version of CALGreen Tier 2 Voluntary Standards. (Policy C-2.3 Improving Air Quality Through Land Use and Transportation Choices; Program C-2.3A Air Pollution Reduction Measures)
• Consistent with mitigation measures contained in the FEIR, the Project is required to implement BAAQMD’s Basic Construction Mitigation Measures, which include provisions for management of construction-related particulate matter and fugitive dust. Additionally, as detailed in the FEIR, operation of the proposed Project will result in an overall reduction in particulate matter compared to existing conditions. (Policy C-2.4 Particulate Matter Pollution Reduction)
• The Project will reduce impervious surface on the Project Site as compared to existing conditions through the introduction of increased landscaping and 12 reduced surface parking, and also includes bioretention basins that will reduce and filter runoff. Additionally, as a standard condition of approval, the Project will be required to implement best management practices to control runoff throughout Project construction. (Policy C-3.2 Reduce Pollution from Urban Runoff; Policy C-3.3 Low Impact Development)
• As proposed and conditioned, the Project will comply with the CALGreen Code, which requires the implementation of water efficiency measures. In addition, the proposed Project will utilize recycled water for all landscape irrigation and includes a combination of drought-tolerant trees, shrubs, grasses, ground covers, and stormwater treatment landscaping that is naturalized to the region. (Policy C-3.8 Water Conservation; Policy C-3.9 Water-Efficient Landscaping) • The Project includes a variety of energy conservation features including LED lighting throughout the Project Site, an all-electric residential design, highefficiency mechanical and hot-water systems, solar panels and battery storage, dual plumbing to allow for use of recycled water, installation of drought tolerant landscaping and low water use practices, and green infrastructure techniques for stormwater runoff. (Policy C-4.2 Energy Conservation; Program C-4.2B Green Building Standards; Policy C-4.5 Resource Efficiency in Site Development; Policy C-5.2 Consider Climate Change Impacts) • Parks, Recreation, and Open Space Element
The Project is consistent with the Parks, Recreation, and Open Space Element of the 2040 General Plan, in that:
• The Project is consistent with the development assumed for the Project Site in the San Rafael General Plan 2040 and Housing Element and therefore is consistent with planned per capita acreage standard of 4.0 acres per 1,000 residents. Additionally, the Project will contribute new, privately owned, publicly accessible recreational space on the Project Site (e.g., the Town Square) offering open space amenities where not required in the General Plan.

Additionally, the Project will be subject to applicable parkland dedication fees as adopted by the City of San Rafael. (Policy PROS-1.2 Per Capita Acreage Standard; Program PROS 1.1B)
• The Town Square creates a small gathering place open to the public with “eyes on the space” created through the placement of commercial and residential uses and outdoor dining areas around in proximity (Policy PROS -1.11 Urban Parks and Plazas; Program PROS-1.11B Activating Public Space) • The Project includes on-site amenities to serve the residential and mixed-use tenants, to supplement the facilities available in City parks, and including rooftop open space on Residential 3, 4, 5, and 6. (Policy PROS-1.13 Recreational Facilities in Development Projects)
• Safety and Resilience Element
The Project is consistent with the Safety Element of the 2040 General Plan, in that:
• As proposed and conditioned, the Project will be designed and constructed in accordance with the recommendations of the Geotechnical Investigation and the requirements of the California Building Code, San Rafael General Plan 2040, and San Rafael Municipal Code, and as mitigated, a design-level Geotechnical Report will be prepared prior to issuance of grading or building permits. (Policy S-2.1 Seismic Safety of New Buildings; Program S-2.1B Geotechnical Review)
13 • As required by standard conditions of approval, preparation of a Stormwater Pollution Prevention Plan (SWPPP) will be required to ensure address erosion impacts during the construction period. Similarly, preparation of a Stormwater Control Plan that describes how runoff will be routed to Low Impact Development (LID) stormwater treatment facilities during operation of the Project will also be required. (Policy S-2.5 Erosion Control; Program S-2.5A Erosion and Sediment Control Plans; S-2.5B Grading During the Wet Season; Policy S-3.8 and Program S-3.8A Storm Drainage Improvements) • The Project is required to implement mitigation measures associated with identification and abatement of hazardous building materials, such as lead and asbestos. Additionally, new construction will not include hazardous building materials such as lead and asbestos. (Policy S-5.6 Hazardous Building Materials)
• Mobility Element
The Project is consistent with the Mobility Element of the 2040 General Plan, in that:
• As detailed in the FEIR, all study intersections will continue to operate at an acceptable level of service (LOS) under all scenarios studied. (Policy M-2.5 Traffic Level of Service)
• As conditioned, the Project is required to pay applicable Traffic Impact Fees. (Policy M-2.6 Traffic Mitigation Fees)
• The Project will result in a reduction in both residential and retail vehicle miles travelled (VMT) generated by the Project Site. In addition, the proposed Project includes pedestrian and bicycle improvements and is in close proximity to transit, all of which contribute to increased access to alternative transit for users of the Project Site. (Policy M-3.1 VMT Reduction; Policy M-3.2 Using VMT in Environmental Review; Policy M-3.3 Transportation Demand Management) • As proposed the Project includes installation of electric vehicle (EV) parking in the residential and commercial components of the Project. Conditions of approval and mitigation measures set forth specific requirements for the type and number of EV parking spaces required. (Policy M-3.6 Low- Carbon Transportation; Policy M-7.8 Parking for Alternative Modes of Transportation; Program M-7.8A Charging Stations)
• The Project maximizes the benefits of SMART by virtue of being located within a walkable distance to the station. Although pedestrian access from the project site to the Marin Civic Center Station is currently limited, the applicant has committed to a $500,000 contribution to support connectivity enhancements.

Improvements funded in part by the applicant will help create a welcoming experience for passengers arriving at the Civic Center Station and will improve access between the site and the station, further encouraging the use of nonmotorized travel. (Policy M-4.3 SMART Improvements; Program M-4.3C Arrival Experience)
• The Project includes internal roadways designed to reduce the effects of speeding using features such as speed humps, bulb-outs, and stop signs. The Project also includes multi-use pathways throughout the site that are physically separated from roadways, and as proposed and conditioned, traffic calming measures will not conflict with access by emergency responders. (Policy M-5.1 Traffic Calming)
• The Project includes a network of multi-use pathways throughout the Project Site that provide safe access for pedestrians and bicyclists as they limit interactions with vehicle through physical separation from roadways. These pathways connect residents from the Project Site and surrounding residential 14 areas to commercial uses on the Project Site as well as to commercial uses adjacent to the Project Site. (Policy M-6.1 Encourage Walking and Cycling; Policy M-6.3 Connectivity; Policy M-6.7 Universal Design) • Community Services and Infrastructure Element
The Project is consistent with the Community Services and Infrastructure Element of the 2040 General Plan, in that:
• The Project is within the development potential anticipated by the General Plan.

As proposed and conditioned, the Project can be adequately served by existing community services and infrastructure. (Policy CSI-3.2 Mitigating Development Impacts; CSI-4.2 Adequacy of City Infrastructure and Services; CSI-4.8 Potable Water Supply and Delivery; CSI-4.9 Wastewater Facilities; CSI-4.17 Reducing Landfilled Waste Disposal)
• Housing Element
The Project is consistent with the Housing Element of the 2040 General Plan, in that:
• Housing units that are entitled, permitted, and/or issued a certificate of occupancy will contribute to the City meeting its Regional Housing Needs Allocation (RHNA) goals at various income levels.
• The Project includes a mixed-use development proximate to existing transit opportunities including buses providing local and regional access and the Marin Civic Center SMART station. The Project applicant has also committed to contributing $500,000 to help fund improvements between the Project Site and the Civic Center SMART station. The Project also includes a variety of sustainable design elements such as all-electric residential construction and compliance and, in some cases, exceedance of CalGreen. (Policy H-3.5 Housing and Greenhouse Gas Emissions; Policy H-3.6 Sustainable Design) • The Project includes construction of onsite affordable housing that meets the City’s Primary and Secondary Requirements detailed in the Affordable Housing Guidelines. As conditioned, affordable units will be deed restricted in perpetuity, unless otherwise reduced by the City Council. (Policy H-4.3 Affordable Housing Requirements)
• Adequate infrastructure is currently in place to serve the proposed residential component of the Project, and through compliance with mitigation measures, the Northgate Trunk Sewer line will be upsized by the Project developer in coordination with the Las Gallinas Valley Sanitary District to accommodate the proposed Project. (H-4.15 Housing and Infrastructure)
• The Project is subject to a Master Affordable Housing Agreement, which will impose regulations on resale of BMR units to assure that units remain affordable to low income households. (Program H-7D BMR Resale Regulations) • Economic Vitality Element
The Project is consistent with the Economic Vitality Element of the 2040 General Plan in that:
• The Project will revitalize an underutilized site with steadily declining revenues and represents a more sustainable economic model as compared to the existing Northgate Mall. Redevelopment of the site will contribute steady revenues to the City’s general fund as well as funds under Measure E and Measure R. The project is subject to payment of all applicable development impact fees. One-time development impact fees and ongoing revenues will contribute to improved quality of life through economic contributions. (Policy EV-1.1 Quality of Life)
15 • Economic and fiscal impacts of the Northgate Town Square Project are fully detailed in the Fiscal Impact Analysis prepared by Seifel Consulting, Inc. and are discussed in the December 2, 2024, City Council staff report. As discussed in detail in the staff report, the project overall is not only consistent with the vision for the area but will also provide economic benefits as it will provide new revenue sources to fund improved and expanded city infrastructure and services; stimulate economic growth by providing a range of commercial spaces; create a more sustainable economic model as compared to the Northgate Mall. (Program EV-1.1B Economic and Fiscal Impacts) • Diversity, Equity, and Inclusion Element
The Project is consistent with the Diversity, Equity, and Inclusion Element of the 2040 General Plan in that:
• The Project improves upon existing, and includes new opportunities for safe active transportation, and will provide walkable access to new goods and services. (Policy EDI-2.1A Neighborhood Design for Active Living) • The Project includes provisions for privately owned publicly accessible open space, and will provide private open space for residential uses. (Policy EDI-2.2 Safe Space for Physical Activity)
• The Project includes construction of on-site affordable housing for low-income households. As proposed, the Project includes construction of 143 affordable housing units, of which, 14 will be for-sale townhomes, and 129 will be available for rent. (Policy EDI-3.2 Affordable Housing Development) Furthermore, the Northgate Town Square PD District and Development Plan are not inconsistent with any other General Plan 2040 policies or programs.

WHEREAS, as required by San Rafael Municipal Code Section 14.070.090.B, the City Council finds that the Northgate Town Square Project creates a residential environment of sustained desirability and stability in harmony with the character of the surrounding neighborhood and provides adequate open space. The Residential townhomes (Residential 1 and Residential 2) are strategically located across from single-family residential uses south of the site and are in harmony with these uses in scale and intensity. Residential 3 is located north of an existing assisted living facility (known as AlmaVia of San Rafael). Although the Residential 3 apartment building has a higher density and intensity than the nearby assisted living facility, the building is designed to appropriately decrease in scale and height at the nearest point to this existing facility and incorporates a variety of architectural features to break up the massing and ensure harmony with the character of this existing use. All other apartment buildings (Residential 4, 5, and 6) offer the highest residential density and intensity on the site and are appropriately located away from existing residential uses and nearer to existing and proposed commercial uses and parking areas.

All residential parcels incorporate landscaping, architectural features, and varied colors and materials that create a residential environment of sustained desirability and stability that is in harmony with the character of the surrounding neighborhood. Additionally, all residential parcels include adequate private and common open space, consistent with the provisions included in the PD District regulations and consistent with requirements in other high density residential zoning districts within the City; and
WHEREAS, as required by San Rafael Municipal Code Section 14.070.090.C, the City Council finds that the nonresidential uses within the Northgate Town Square Project are appropriate in area, location and overall planning for the purpose intended, and the design and development standards shall create a nonresidential environment of sustained desirability and stability, and provide adequate open space. The nonresidential uses are integrated into the ground floors of Residential 4, 5, and 6, which support the intended mixed-use environment at strategic locations 16 on the site. Additionally, the Project includes standalone single- and multi-tenant commercial buildings that are intended to serve a variety of uses, including retail shops, restaurants, and other commercial uses. The varied size and configuration of commercial space helps to create a nonresidential environment of sustained desirability and stability as it provides flexibility in building form, allowing businesses of various types and sizes to adapt over time. A focal point of the Project is the 56,975 square foot Town Square, which is located in the center of the site, near existing and proposed commercial uses. This centrally located open space is adequate for, and complimentary to the proposed non-residential uses as it serves as an amenity to attract potential customers to the site. Similarly, the 9,604 square foot Bike Hub is centrally located and provides amenities for active transportation users, which is complimentary to the non-residential uses as it attracts commercial users that arrive to the site via bicycle; and WHEREAS, as required by San Rafael Municipal Code Section 14.07.090.D, the City Council finds that the applicant has demonstrated that the Northgate Town Square Project includes public facilities provided to serve the anticipated population. As detailed in the FEIR, adequate public facilities and services are provided to serve the anticipated population in that the proposed development is within the limits anticipated by the General Plan 2040. The site is served by Marin Sanitary Service, Marin Municipal Water District, and the City' s Police, Fire and Public Works Departments have reviewed the Project and determined that services are available. Additionally, the Project will replace the existing 3,000 square foot library located within the Northgate Mall with an approximately 5,000 square foot library, which will ensure public access to a library is maintained on the site. Furthermore, conditions of approval have been imposed on the Project to pay appliable development impact fees, including but not limited to parkland, traffic mitigation, water and sewer connection, and school fees; and
WHEREAS, as required by San Rafael Municipal Code Section 14.07.090.E, the City Council finds that the Northgate Town Square Project is improved by establishment of the Northgate Town Square Planned Development District as it will require and provide usable open space for residential units, where none is currently required by the General Commercial zoning district and allows the minimum landscaping, floor area ratio, parking, and other standards to be achieved at a site-wide level rather than on a parcel-by-parcel basis, thereby providing more flexibility and ensuring cohesive development of the site as a whole; and WHEREAS, as required by San Rafael Municipal Code Section 14.07.090.F, the City Council finds that the Project’s auto, bicycle, and pedestrian traffic system is adequately designed for circulation needs and public safety in that internal access and circulation meet City standards.

Pedestrian walkways and pathways are provided throughout the site, including ADA-compliant pathways from surface parking areas to commercial uses. The Project also includes multi-modal pathways and dedicated bike lanes on and adjacent to the site, which meets the needs of nonmotorized visitors and residents. Lastly, as proposed and conditioned, the development plan provides adequate emergency vehicle access to serve the proposed development, in compliance with City standards; and
WHEREAS, the proposed Zoning Amendment to adopt the Northgate Town Square PD District Regulations and Development Plan is in keeping with the general intent and spirit of the zoning regulations and San Rafael General Plan as discussed above and in greater detail in the December 2, 2024, City Council staff report and exhibits.

NOW THEREFORE BE IT ORDAINED by the City Council as follows:

DIVISION 1.

The above recitals are hereby declared to be true and correct and incorporated into the ordinance as findings of the City Council.
17 DIVISION 2.

The potential environmental impacts of the Northgate Town Square Project, including this Zoning Amendment, were fully analyzed in the Northgate Town Square FEIR (SCH#2021120187) containing all requirements of CEQA Guidelines Section 15320, inclusive of the DEIR, RTC Document, Addendum to the RTC Document, Supplemental RTC, references, appendices, and all attachments thereto. On December 2, 2024, the City Council approved Resolution No. XXX certifying the FEIR.

DIVISION 3.

The FEIR identified several potentially significant impacts that will be reduced to a less than significant level with specified mitigation measures. Consistent with Section 21081(a) of the Public Resources Code, the City Council makes general findings and findings regarding each significant adverse environmental effect of the Revised Project as set forth in Exhibit A (Findings of Fact).

Additionally, consistent with Section 21081(a)(3) of the Public Resources Code the City Council makes findings with respect to alternatives studied in the Project EIR as set forth in Exhibit A.

As required by CEQA and based on substantial evidence in the record, the City Council makes the Findings of Fact regarding potentially significant effects of the Revised Project as set forth in Exhibit A which is incorporated herein by reference.

DIVISION 4
The FEIR identified several potentially significant impacts of the Revised Project that cannot be reduced to a less than significant level by feasible mitigation measures or be so reduced or avoided by a feasible alternative, as set forth in Exhibit A, Consistent with Public Resources Code Section 21081(b) the City Council finds that specific economic, legal, social, technological or other considerations outweigh any significant environmental effects of the Revised Project which cannot be mitigated to a less than significant level or avoided by an alternative. As such, as required by CEQA and based on substantial evidence in the record, the City Council adopts the Statement of Overriding Considerations consisting of the City’s findings and determination regarding the Revised Project’s benefits as compared to its significant and unavoidable effects as contained in Exhibit A, Section 6.0 and incorporated herein by reference.

The Revised Project does not have the potential to have a significant adverse impact on wildlife resources as defined in the State Fish and Game Code, either individually or cumulatively, though it is not exempt from Fish and Game filing fees. Additionally, the Revised Project is not located on a site listed on any Hazardous Waste Site List compiled by the State pursuant to Section 65962.5 of the California Government Code.

DIVISION 5.

The FEIR identified several potentially significant impacts that will be reduced to a less than significant level with specified mitigation measures, and pursuant to CEQA Guidelines Section 15091(d), a Mitigation Monitoring and Reporting Program has been prepared as set forth in Exhibit B, attached hereto and incorporated herein by reference, to ensure that all feasible mitigation measures which serve to reduce environmental impacts of the Revised Project as recommended by the FEIR are fully implemented. Additionally, the City Council finds that for each identified mitigation measure that requires the cooperation or action of another agency, adoption, and implementation of each such mitigation measures is within the responsibility and jurisdiction of the public agency identified, and the measures are adopted by the City of San Rafael. Compliance with the Mitigation Monitoring and Reporting Program set forth therein is a condition of the adoption of this Ordinance.
18 DIVISION 6.

The City of San Rafael Zoning Map is hereby amended to rezone the Project Site depicted in Exhibit C, attached hereto and incorporated herein by reference and located at 5800 Northgate Drive, San Rafael, as shown on County Assessor’s Parcel No’s: 175-060-12, 175-060-40, 175- 060-59, 175-060-61, 175-060-66 and 175-060-67, from General Commercial (GC) to the Northgate Planned Development (PD) District. The amended zoning map is depicted in Exhibit C, attached hereto and incorporated herein by this reference.

DIVISION 7.

The City Council hereby adopts and approves the Northgate Town Square PD Development Plan, attached hereto as Exhibit F and incorporated herein by this reference, and the Northgate PD District Standards, attached hereto as Exhibit G and incorporated herein by this reference. The Northgate Town Square PD Development Plan and Northgate PD District Standards allow the uses permitted in the Northgate Planned Development (PD) District at the density and intensity proposed.

DIVISION 8.

If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.

The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, or phrase be declared invalid.

DIVISION 9.

This Ordinance shall be in full force and effect thirty (30) days after its final passage, and the summary of this Ordinance shall be published within fifteen (15) days after the adoption, together with the names of those Councilmembers voting for or against same, in the Marin Independent Journal, a newspaper of general circulation published and circulate din the City of San Rafael, County of Marin, State of California.

Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk, a certified copy of the full text of this Ordinance along with the names of those Councilmembers voting for or against the Ordinance.
______________________________
Kate Colin, Mayor
ATTEST:
___________________________
Lindsay Lara, City Clerk
The foregoing Ordinance No. 2043 was introduced at a Regular Meeting of the City Council of the City of San Rafael, held on the 2nd day of December 2024, and ordered passed to print by the following vote, to wit:
19 AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
And will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on the 16th of December 2024.
_____________________________
LINSAY LARA, City Clerk
EXHIBIT A: Findings of Fact and Overriding Considerations EXHIBIT B: Mitigation Monitoring and Reporting Program
EXHIBIT C: Amended Zoning Map
EXHIBIT D: General Plan Consistency Table
EXHIBIT E: Legal Property Description
EXHIBIT F: Northgate Town Square Development Plan
EXHIBIT G: Northgate PD Standard
October 2024

FINDINGS OF FACT AND

STATEMENT OF OVERRIDING CONSIDERATIONS
PURSUANT TO SECTION 15091 AND 15093 OF THE STATE CEQA GUIDELINES AND SECTION 21081 OF THE PUBLIC RESOURCES CODE

NORTHGATE MALL REDEVELOPMENT PROJECT

FINAL ENVIRONMENTAL IMPACT REPORT
STATE CLEARINGHOUSE NO. 2021120187

EXHIBIT A
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FINDINGS OF FACT

1.0 INTRODUCTION

1.1 PURPOSE
This statement of Findings of Fact addresses the environmental effects associated with the Northgate Mall Redevelopment Project, also known as the “Northgate Town Square” or “proposed project,” including project revisions, located in San Rafael, California. These Findings are made pursuant to the California Environmental Quality Act (CEQA) under Sections 21081 and 21081.6 of the Public Resources Code and Sections 15091 and 15093 of the CEQA Guidelines, Title 14, Cal. Code Regs. 15000, et seq. Potentially significant impacts were identified in the January 2024 Draft Environmental Impact Report (“Draft EIR”) and the October 2024 Response to Comments Document and Final Environmental Impact Report (“RTC Document”), which together constitute the Final EIR.

Public Resources Code 21081 and Section 15091 of the CEQA Guidelines require that the lead agency prepare written findings for identified significant impacts, accompanied by a brief explanation for the rationale for each finding. The City of San Rafael (City) is the lead agency responsible for preparation of the EIR in compliance with CEQA and the CEQA Guidelines. Section 15091 of the CEQA Guidelines states, in part, that:
a. No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are:
1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. 2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR.

In accordance with Public Resource Code 21081 and Section 15093 of the CEQA Guidelines, whenever significant impacts cannot be mitigated to a level below significance, the lead agency is required to balance, as applicable, the benefits of the proposed project against its unavoidable environmental risks when determining whether to approve the project. If the benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse effects may be considered “acceptable.” In that case, the decision‐making agency must prepare and adopt a Statement of Overriding Considerations, pursuant to the CEQA Guidelines.

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2 P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) Section 15093 of the CEQA Guidelines states that:
(a) CEQA requires the decision‐making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered “acceptable.”
(b) When the lead agency approves a project, which will result in the occurrence of significant effects which are identified in the Final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the Final EIR and/or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record.
(c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091. As required by CEQA, the City, in adopting these findings, also adopts a Mitigation Monitoring and Reporting Program for the project. The City finds that the Mitigation Monitoring and Reporting Program, which is incorporated by reference and made a part of these findings, meets the requirements of Section 21081.6 of the Public Resources Code by providing for the implementation and monitoring of measures intended to mitigate potentially significant effects of the project.

The Final EIR for the project identified potentially significant effects that could result from project implementation. However, the City finds that the inclusion of certain mitigation measures as part of the project approval will reduce most, but not all, of those effects to less than significant levels.

Those impacts that are not reduced to less than significant levels are identified and overridden due to specific project benefits in a Statement of Overriding Considerations.

1.2 ORGANIZATION AND FORMAT OF FINDINGS
Section 1.0 contains a summary description of the project and background facts relative to the environmental review process. Section 2.0 describes the certification of the EIR. Section 3.0 identifies the impacts of the project that were studied in the EIR. Section 3.1 of these Findings identifies the significant impacts of the project that cannot be mitigated to a less than significant level, even though all feasible mitigation measures have been identified and incorporated into the project.

Section 3.2 identifies the potentially significant effects of the project that would be mitigated to a less than significant level with implementation of the identified mitigation measures. Section 3.3 identifies the project's potential environmental effects that were determined not to be significant and, therefore, do not require mitigation measures. Section 4.0 discusses the feasibility of project alternatives. Section 5.0 discusses findings with respect to mitigation of significant adverse impacts, and adoption of the Mitigation Monitoring and Reporting Program (MMRP).

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1.3 SUMMARY OF PROJECT DESCRIPTION
The proposed project would result in redevelopment of the existing mall through demolition, renovation, and new construction with a mix of commercial and residential land uses. The proposed project would be developed in two phases. As evaluated in the Final EIR, Phase 1 (also referred to as the 2025 Master Plan) would generally include demolition of the RH Outlet building, HomeGoods building, and Mall Shops East, which is approximately 144,432 square feet of the main building, and construction of approximately 44,380 square feet of new commercial space and up to 864 residential units. Phase 2 (also referred to as the 2040 Vision Plan) would generally include demolition of the 254,015‐square‐foot Macy’s building and 79,051‐square‐foot Kohl’s building, and construction of up to 57,300 square feet of new commercial space and up to 558 additional residential units.

At full buildout, the project would include a total of up to approximately 219,380 square feet of commercial space and up to 1,422 residential units in six areas of the project site (1,766,625 square feet of residential area). Building heights across the project site would vary, with a maximum of approximately 78 feet. A total of 648,807 square feet of existing building space would be demolished, and the total commercial area would be reduced by a total of 550,847 square feet.

The project would set aside 143 units for affordable housing, 10 percent of the total, in full compliance with the City’s inclusionary housing ordinance. A total of 87 units would be built under Phase 1 and 56 units would be built under Phase 2.

The proposed project would also include various associated site improvements, including a 56,975‐ square‐foot Town Square, modifications to the internal circulation and parking, and improvements to infrastructure and landscaping.

Refer to Chapter 3.0, Project Description, of the Draft EIR and Section 2.2 of the RTC Document for a complete description of the proposed project.

1.4 PROJECT OBJECTIVES
CEQA states that the statement of project objectives should be clearly written and define the underlying purpose of the project, in order to permit development of a reasonable range of alternatives and aid the Lead Agency in making findings.

As provided by the project sponsor, the objectives of the Northgate Mall Redevelopment Project are to:
 Implement the San Rafael General Plan 2040 vision for mixed use, transit‐oriented development, and high‐density housing on the project site;  Implement the City’s and regional agencies’ designation of the project site as a Priority Development Area (i.e., a place with convenient public transit service that is prioritized by local government for housing, jobs, and services);
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4 P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24)  Redevelop the existing mall facility into a town center with a relevant mix of commercial and retail offerings to support the local economy and provide tax revenues and employment opportunities;
 Create new housing offerings to meet the needs of families of varying sizes and reduce the recognized regional and local deficit of housing;
 Create a town center/urban village through a combination of retail, dining, and residential uses within a pedestrian‐oriented urban core; and
 Provide new outdoor amenities and open spaces, main street improvements, and recreational opportunities interconnected by pedestrian links throughout the project.

1.5 ENVIRONMENTAL REVIEW PROCESS
Notice of Preparation and Public Scoping. The City of San Rafael (City) circulated a Notice of Preparation (NOP) notifying responsible agencies and interested parties that an EIR would be prepared for the proposed project and indicated the environmental topics anticipated to be addressed in the EIR. The NOP was mailed to public agencies, organizations, and individuals likely to be interested in the potential impacts of the proposed project. The NOP was published for a 30‐day public review period extending from December 9, 2021 to January 14, 2022. A total of 55 commenters submitted written responses to the NOP.

A scoping session was held as a public meeting before the Planning Commission on January 11, 2022, to solicit feedback regarding the scope and content of the EIR. Comments received by the City on the NOP were considered during preparation of the Draft EIR. Copies of the NOP and comment letters received are included in Appendix A of the Draft EIR.

Draft EIR: In accordance with the requirements of CEQA and the CEQA Guidelines, a Draft EIR was prepared to address the potential significant environmental effects associated with the proposed project identified during the NOP process.1 Based on the NOP scoping process, the EIR addressed the following potentially significant environmental issues:
 Land Use and Planning
 Population and Housing
 Visual Resources
 Cultural Resources
 Tribal Cultural Resources
 Geology and Soils
 Hydrology and Water Quality
 Hazards and Hazardous Materials
1 Preliminary analysis determined that development of the proposed project would not result in significant impacts to the following environmental topics: agriculture and forestry resources, biological resources, mineral resources, and wildfire. Consequently, these issues were not examined in Chapter 4.0 of the Draft EIR and were briefly addressed in Draft EIR, Chapter 5.0, Other CEQA Considerations.

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 Air Quality
 Greenhouse Gas Emissions
 Noise
 Public Services and Recreation
 Utilities and Service Systems
 Energy
The Notice of Availability (NOA) published by the City stated that the public review period for the Draft EIR would occur over a duration of 45 days, as mandated by CEQA. Due to a procedural error, the local review period was extended for a total period of 60 days and ended on March 5, 2024. The City held a public hearing on the Draft EIR with the Planning Commission on February 13, 2024. The City received a total of 270 comment letters from State and local agencies, organizations, and individuals. Copies of all written comments received during the comment period and a transcript of the verbal comments received at the public hearing are included in Chapter 4.0 of the RTC Document.

Final EIR: Section 15088 of the CEQA Guidelines requires that the Lead Agency responsible for preparation of an EIR evaluate comments on environmental issues and prepare a written response addressing each of the comments. The intent of the Final EIR is to provide a forum to address comments pertaining to the information and analysis contained within the Draft EIR, and to provide an opportunity for clarifications, corrections, or minor revisions to the Draft EIR as needed.

The Final EIR assembles all of the environmental information and analysis prepared for the proposed project, including comments on the Draft EIR and responses by the City to those comments.

Pursuant to Section 15132 of the State CEQA Guidelines, the Final EIR consists of the following:
(a) The Draft EIR, including all of its appendices
(b) The Response to Comments (RTC) Document, which includes a list of persons, organizations, and public agencies commenting on the Draft EIR, copies of all letters received by the City during the Draft EIR public review period and a transcript of the Planning Commission public hearing, and responses to the comments; along with revisions made to the project and the Draft EIR; and appendices.

1.6 CUSTODIAN AND LOCATION OF RECORDS
The documents and materials that constitute the record of proceedings on which these findings have been based are located at the City of San Rafael, 1400 5th Avenue, San Rafael, California, 94901. The custodian for these records is the City of San Rafael, Community and Economic Development Department, Planning Division. This information is provided in compliance with Public Resources Code Section 21081.6.

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2.0 CERTIFICATION OF FINAL EIR
The City Council has certified that it has been presented with the Final EIR, that it has reviewed and considered the information contained in the final EIR, that the Final EIR reflects the City’s independent judgment, and that the Final EIR has been completed in compliance with CEQA and that State CEQA Guidelines.

Having received, reviewed, and considered the information in the Final EIR, and other information in the record, the City of San Rafael hereby makes findings pursuant to and in accordance with Sections 21081, 21081.5, and 21081.6 of the Public Resources Code.

3.0 FINDINGS OF FACT

3.1 ENVIRONMENTAL EFFECTS OF THE PROJECT WHICH ARE CONSIDERED

UNAVOIDABLE SIGNIFICANT IMPACTS
This section identifies the significant unavoidable impacts that require a statement of overriding considerations to be issued by the City, pursuant to Section 15093 of the CEQA Guidelines, if the project is approved. Based on the analysis contained in the Final EIR, the following impacts have been determined to be significant and unavoidable:
 Impact GHG‐1: The proposed project would not incorporate all of the Bay Area Air Quality Management District’s (BAAQMD) recommended design thresholds to reduce GHG emissions because the proposed project includes the use of natural gas in commercial restaurant kitchens and no feasible mitigation measures are available to reduce this impact to a less than significant level;
 Impact GHG‐2: Because the proposed project includes the use of natural gas in commercial restaurant kitchens, the proposed project would conflict with applicable plans, policies, and regulations adopted for the purpose of reducing GHG emissions and reaching carbon neutrality in 2045, and no feasible mitigation measures are available to reduce this impact to a less than significant level; and
 Impact NOI‐2: Phase 2 operation period noise levels could exceed the City’s land use compatibility thresholds for future on‐site sensitive receptors and it cannot be confirmed that with Mitigation Measure NOI‐2 the noise levels absolutely would be below the City’s established thresholds.

3.1.1 Greenhouse Gas Emissions
An evaluation of the project‐specific and cumulative impact on greenhouse gas emissions associated with the project is provided in Chapter 4.11, Greenhouse Gas Emissions of the Draft EIR.

Impact GHG‐1: The proposed project would generate GHG emissions, either directly or indirectly, that would have a significant effect on the environment.

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P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) 7 The proposed project includes construction and operational dates that would occur after the 2030 horizon year included in the City’s Climate Change Action Plan (CCAP) 2030. The City’s CCAP 2030 does not currently include an assessment of the emissions inventory and reductions necessary to meet the State’s goal of carbon neutrality by 2045, as established in AB 1279. Therefore the City does not have a local GHG reduction strategy that meets the criteria under State CEQA Guidelines section 15183.5(b).

In the absence of such a local strategy, the project is evaluated against the Bay Area Air Quality Management District (BAAQMD) GHG Emissions “project design element” thresholds, which require projects to include certain design features to ensure that they are doing their “fair share” to meet the State’s GHG emissions reductions goals. Although the proposed project includes three of the four project design elements listed, it would conflict with the fourth, eliminating natural gas appliances and natural gas plumbing in new residential and nonresidential development. The proposed project includes natural gas connections for commercial kitchen appliances in restaurants.

As such, the proposed project would result in the generation of GHG emissions that would have a significant impact on the environment, per the BAAQMD thresholds.

Mitigation Measure GHG‐1, as outlined below, was identified in the Draft EIR to prohibit the use of natural gas in fire pits as part of the proposed project. Mitigation Measure GHG‐1 has been implemented as part of the current project plans, as explained in Chapter 2.0, Revised Project of the RTC Document. The proposed project has been revised to eliminate all fire pits, using natural gas or any other fuel.

Mitigation Measure GHG‐1 Natural Gas Prohibition for Recreational Use. Prior to the issuance of building permits, the project sponsor shall submit documentation to the City of San Rafael (City) Planning Department that demonstrates, to the satisfaction of the City, that natural gas‐fired recreational fire pits are not included in the proposed project design.

However, the City has determined that requiring compliance with the BAAQMD design threshold to completely prohibit natural gas usage at the proposed project is inconsistent with the City’s municipal code, specifically the recently adopted reach code, which prohibits natural gas for residential uses but allows installation of new natural gas connections and operations with natural gas for commercial kitchen uses. With adoption of the reach code, the City found that a ban on natural gas usage was infeasible due to cost‐effectiveness considerations, based in part on 2022 studies conducted by the California Public Utilities Commission (CPUC) and California Energy Commission (CEC). In addition, as explained in the Final EIR, of the national restaurant brands that operate at the project sponsor’s approved West Coast projects, none uses an all‐electric prototype design and only Chipotle (a fast‐casual rather than sit‐down restaurant) is experimenting with an all‐ electric location. To require these national brands to operate differently for the proposed project could place the project sponsor at a competitive disadvantage in attracting successful restaurants to the center. Furthermore, the strength of many restaurant operators’ opposition to all electric kitchen requirements is demonstrated by the California Restaurant Association’s decision to challenge the City of Berkeley’s natural gas ban for restaurants through the federal district court and LSA

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8 P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) then through a successful appeal to the Ninth Circuit Court of Appeals. Given these reasons and that the Ninth Circuit court has held that a municipal ordinance to ban natural gas usage for appliances violates the federal Energy Policy and Conservation Act, the City, as lead agency for the environmental review of the proposed project, has found that requiring mitigation to prohibit the usage of natural gas in the proposed commercial kitchens is not feasible.

Impact GHG‐2: The proposed project would conflict with a State or local GHG reduction plan, policy, or regulation.

Additionally, because the proposed project would include the use of natural gas in the proposed commercial kitchens, the proposed project would not meet the project design thresholds recommended by the BAAQMD and would be considered inconsistent with the long‐term State GHG reduction goals and emission targets outlined in AB 32, SB 32, EO B‐30‐15, EO B‐48‐18, and AB 1279.

As such, the proposed project would conflict with applicable plans, policies, or regulations adopted for the purpose of reducing GHG emissions.

Based on the above, there are no feasible or realistic mitigation measures currently available that would either reduce the impact to a less than significant level or otherwise reduce the severity of the impact. While mitigation options may be available to reduce a project’s overall GHG emissions, such measures are intended to reduce emissions from other sources (i.e., electricity use or mobile sources) and would not address natural gas use; therefore, there is no nexus to require such mitigations. Similarly, the purchase of credits for off‐site GHG emissions mitigation would not address the significant and unavoidable impact identified in the Final EIR, consisting of inconsistency with the BAAQMD natural gas design threshold.

Given the above, the proposed project would result in a project‐specific and cumulative significant unavoidable impact related to GHG emissions.

3.1.2 Findings for Impact GHG‐1 and GHG‐2: The City finds that the project‐specific and cumulative greenhouse gas emission impacts will remain significant and unavoidable.

Noise
An evaluation of the project‐specific and cumulative impact on noise associated with the project is provided in Chapter 4.12, Noise of the Draft EIR.

Impact NOI‐2: Operation period noise levels could exceed the City’s land use compatibility thresholds for future on‐site sensitive receptors.

Sequential implementation of Phases 1 and 2 of the proposed project would introduce new residential‐type noise‐sensitive receptors on the project site. Operation of Phase 2 of the project would include a mix of both residential and commercial uses, and these new uses could adversely affect the nighttime noise environment for the Phase 1 and 2 sensitive receptors. Specifically, for Phase 1, during the evening hours, predicted operation noise levels received by four on‐site mixed‐ use land uses slightly exceed the City’s 45 dBA hourly Leq threshold (Draft EIR Table 4.12.R) and therefore would not comply with the City’s noise ordinance without some applied noise reduction or other project design feature. For Phase 2, predicted operation noise levels received by six on‐site LSA

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P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) 9 mixed‐use land uses for the nighttime condition and eight on‐site mixed‐use land uses for the nighttime with occupied cinema conditions slightly exceed the City’s 45 dBA hourly Leq threshold (Draft EIR Table 4.12.S) and therefore would not comply with the City’s noise ordinance without some applied noise reduction or other project design feature. For these reasons, there is a need for noise reduction of on‐site outdoor‐exposed HVAC systems, subsurface parking level ventilation systems, and/or noise‐generating equipment in at‐grade or above‐grade exposed parking areas, as specified in Mitigation Measure NOI‐2, below.

Mitigation Measure NOI‐2 On‐Site Noise Compliance Requirements. Prior to City approval of building permits, the project sponsor shall include in construction documents for City review building operation noise control and sound abatement features or considerations for stationary equipment during nighttime hours. The documentation shall include at least the following:
 Equipment sound emission data (or sufficient engineering data from the manufacturer of equipment model[s]);
 Architectural renderings and details depicting, where technically feasible, roof parapets, screens, walls, or other barriers around mechanical equipment that may directly or indirectly occlude, reflect, and/or absorb equipment noise emissions—conveyed via airflows or via vibrating equipment casings or enclosures; and
 Incorporation of dissipative ductsilencers,shrouds, covers, acoustical louvers, acoustically lined ductwork, and other means to help attenuate noise from fans, pumps, compressors, and other equipment featuring reciprocating or revolving
components.

The documentation shall demonstrate whether these measures, or any additional feasible mitigation measures, will reduce the sound level to below the established 45 dBA Leq thresholds for on‐site sensitive receptors. After City approval, information on subsequent project design changes, equipment selections, or construction alterations that substantially deviate from these noise control and/or sound abatement details appearing in the construction documents must be reviewed by a qualified acoustician and provided to the City with respect to expected sufficiency of expected conformance with applicable City noise thresholds or as otherwise approved by the City.

Nevertheless, such noise reduction methods as detailed in Mitigation Measure NOI‐2 as part of the on‐site noise compliance requirements, may not be sufficient to attain the predicted noise reduction needs at all affected future on‐site residential receptors. If that occurs, the proposed project would LSA

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10 P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) result in a project‐specific significant unavoidable impact related to operation period noise generated by stationary sources.

Findings for Impact NOI‐2: The City finds that the project‐specific operational noise impacts attributed to stationary sources may remain significant and unavoidable because it cannot be verified that the identified mitigation measures will adequately reduce the operational noise impact in all locations throughout the project site.

3.2 ENVIRONMENTAL EFFECTS EVALUATED IN THE FINAL EIR WHICH CAN BE

AVOIDED OR SUBSTANTIALLY LESSENED TO LESS THAN SIGNIFICANT LEVELS

WITH IMPLEMENTATION OF THE IDENTIFIED MITIGATION MEASURES This section identifies potentially significant adverse impacts of the project that require findings to be made pursuant to Section 21081 of the Public Resources Code and Section 15091 of the CEQA Guidelines. Based on information in the Final EIR, the City finds that, based upon substantial evidence in the record, adoption and implementation of the mitigation measures set forth below will reduce the identified significant impacts to less than significant levels. Based on the analysis contained in the Final EIR, the following impacts have been determined to be impacts that can be reduced to less‐than‐significant levels with implementation of the mitigation measures set forth below:
 CUL‐1: Project ground disturbance has the potential to unearth significant archaeological deposits or resources, resulting in a potential substantial adverse change on historical resources, as defined in State CEQA Guidelines Section 15064.5.
 TCR‐1: Project ground disturbance has the potential to disturb, damage, or degrade either a tribal cultural resource or the contextual setting of such a resource, resulting in a substantial loss of the resource’s cultural value as determined in consultation with the Federated Indians of Graton Rancheria.
 GEO‐1: Proposed and existing improvements could be damaged due to expansive soil conditions.
 GEO‐2: Placement of new loads on the project site, vibration‐generating construction activities, and excavation and dewatering activities could result in subsidence, settlement, or differential settlement that could adversely affect the proposed and existing structures and other improvements.
 GEO‐3: The project could directly or indirectly destroy a unique paleontological resource or site.  HYD‐1: Project dewatering could result in the migration of potential off‐site groundwater contamination towards the project site.
 HYD‐2: The increase in water supply demand due to the project could potentially interfere with sustainable management of groundwater in the Santa Rosa Plain Subbasin.

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P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) 11  HYD‐3: The 100‐year storm runoff from the project site could exceed the capacity of proposed stormwater infrastructure and result in flooding on the project site and surrounding roadways.  HAZ‐1: Demolition or renovation activities may result in the release of PCBs into the environment.
 HAZ‐2: Subsurface hazardous materials may be released into the environment during construction and operation of the project.
 TRA‐1: Implementation of the proposed project would worsen an existing hazardous geometric design feature at the driveway 280 feet north of Northgate Drive/Thorndale Drive.  AIR‐1: The proposed project could conflict with implementation of the San Francisco Bay Area Clean Air Plan.
 AIR‐2: Construction of the proposed project would generate fugitive dust (PM2.5 and PM10) emissions.
 AIR‐3: Construction of Phase 1 would generate ROG and NOX emissions in excess of thresholds established by the BAAQMD, resulting in a violation of air quality standards.  AIR‐4: Construction of the proposed project would expose sensitive receptors to substantial pollutant concentrations through exceeding the carcinogenic inhalation health risk threshold.  NOI‐1: Construction of the proposed project would result in a significant short‐term increase in ambient noise levels in the vicinity of the project site in excess of the thresholds established in the City of San Rafael General Plan or Noise Ordinance.  UTL‐1: The proposed project would generate wastewater that would exceed the capacity of the existing sewer infrastructure that serves the project site.

3.2.1 Cultural Resources
CUL‐1: Project ground disturbance has the potential to unearth significant archaeological deposits or resources, resulting in a potential substantial adverse change on historical resources, as defined in State CEQA Guidelines Section 15064.5.

Mitigation Measure CUL‐1a: Preparation of a Cultural Resources Monitoring Plan. Prior to issuance of a grading permit or building permit, the project sponsor shall retain an archaeologist that meets the Secretary of the Interior's Professional Qualifications Standards in archaeology to prepare a Cultural Resources Monitoring Plan in consultation with the Federated Indians of Graton Rancheria (Graton Rancheria). The Cultural Resources Monitoring Plan shall include (but not be limited to) the following components for archaeological and Native American monitoring:
• Person(s) responsible for conducting archaeological monitoring • Person(s) responsible for Native American monitoring
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12 P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) • Procedures for notification in the event of the identification of cultural resources, as well as methods for treatment of such resources (e.g., documentation, collection, identification, repatriation)
• Methods of protection for cultural resources, including items such as protective fencing, security, and protocol for notifying local authorities (i.e., law enforcement) should looting or other resource damage occur
The Cultural Resources Monitoring Plan shall include a stipulation that, if significant archaeological or tribal cultural resources are identified, all work shall stop immediately within 100 feet of the resource(s). The Cultural Resources Monitoring Plan shall also include a stipulation that, during the course of the monitoring, the frequency of archaeological and Native American monitoring may be reduced from full‐time to part‐time based on the conditions and only if Graton Rancheria and the qualified archaeologist agree.

Mitigation Measure CUL‐1b: Cultural Resources and Tribal Cultural Resources Sensitivity WEAP Training. Prior to issuance of a building permit, grading permit, or demolition permit involving any potential ground‐disturbing activity (e.g., building foundation removal), all personnel involved in project‐related ground‐disturbing activities (e.g., on‐site construction managers, backhoe operators) shall be required to participate in a cultural resources and tribal cultural resources sensitivity and awareness training program (Worker Environmental Awareness Program [WEAP]). The WEAP shall be developed by an archaeologist that meets the Secretary of the Interior's Professional Qualifications Standards in archaeology, in consultation with input from Graton Rancheria.

The WEAP training shall be conducted before any project‐related ground‐disturbing activities (including building foundation removal) begin at the project site. The WEAP will include relevant information regarding sensitive cultural resources and tribal cultural resources, including applicable regulations, protocols for avoidance, and consequences of violating State laws and regulations. The WEAP will also describe appropriate avoidance and impact minimization measures for cultural resources and tribal cultural resources that could be located at the project site and will outline what to do and who to contact if any potential cultural resources or tribal cultural resources are encountered. The WEAP will emphasize the requirement for confidentiality and culturally appropriate treatment of any discovery of significance to Native Americans and will discuss appropriate behaviors and responsive actions, consistent with Native American tribal values.

The WEAP training shall be presented by an archaeologist and a representative from Graton Rancheria. The project sponsor shall maintain a record of all construction personnel that have received the WEAP training and provide the record to the City. WEAP training recipient records shall be maintained by the project sponsor throughout the duration of construction. A final WEAP training recipient record shall be submitted to the City of San Rafael prior to issuance of a certificate of occupancy.

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P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) 13 Mitigation Measure CUL‐1c: Archaeological Monitoring and Resource Protection. Archaeological monitoring shall be required during initial ground‐disturbing activities of sediments on the project site (including building foundation removal). For example, archaeological monitoring shall not be required during excavation of sediments that have been previously monitored by an archaeologist.

Any excavations that extend below sediments that were previously monitored shall be subject to archaeological monitoring.

Monitoring procedures shall follow the Cultural Resources Monitoring Plan prepared under Mitigation Measure CUL‐1. Construction crews shall stop all work within 100 feet of any archaeological discovery until an archaeologist that meets the Secretary of the Interior's Professional Qualifications Standards in archaeology can assess the previously unrecorded discovery and provide recommendations. Resources could include subsurface historic‐period features such as artifact‐filled privies, wells, and refuse pits, and artifact deposits, along with concentrations of adobe, stone, or concrete walls or foundations, and concentrations of ceramic, glass, or metal materials. Native American archaeological materials could include obsidian and chert flaked stone tools (such as projectile and dart points), midden (culturally derived darkened soil containing heat‐ affected rock, artifacts, animal bones, and/or shellfish remains), and/or groundstone implements (e.g., mortars and pestles).

Findings for Impact CUL‐1: If deposits of prehistoric or historic archaeological materials are encountered during project activities, Mitigation Measure CUL‐1a requires the project sponsor to retain a qualified archaeologist to prepare a Cultural Resources Monitoring Plan that identifies the personnel and procedures for onsite archeological monitoring; as well as the practices for the assessment, treatment, and protection of any archeological resource encountered during ground disturbing operations. The purpose of this measure is to establish a program to detect, avoid, and/or protect unique prehistoric or historic archaeological resources, should these resources be encountered during project construction.

Mitigation Measure CUL‐1b requires that WEAP training be conducted prior to any ground disturbance so that any personnel involved in ground disturbance have been appropriately informed of the potential for inadvertent discovery of onsite archeological resources, applicable laws and regulations governing the treatment of such resources; and proper notification and avoidance practices should these resources be encountered onsite. Mitigation Measure CUL‐1c requires archeological monitoring of the site to occur per the Cultural Resources Monitoring Plan, the cessation of activity within 100 feet of any archeological resource encountered, and the subsequent assessment, treatment, preservation, and/or recovery of any such resource. The purpose of this measure is to avoid potential adverse effects or the destruction of a unique prehistoric or historic archaeological resource or site.

Implementation of the identified mitigation measures would reduce the impact to a less‐than‐ significant level. Pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), the City finds that, based upon substantial evidence in the record as presented in Section 4.4, Cultural Resources of the Draft EIR, changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the potentially significant impact on prehistoric or historic archaeological resources that could be located within the project site.

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3.2.2 Tribal Cultural Resources
TCR‐1: Project ground disturbance has the potential to disturb, damage, or degrade either a tribal cultural resource or the contextual setting of such a resource, resulting in a substantial loss of the resource’s cultural value as determined in consultation with the Federated Indians of Graton Rancheria.

Mitigation Measure TCR‐1a: Native American Monitoring. Native American monitoring by a representative of the Federated Indians of Graton Rancheria (FIGR) shall be required during all initial ground‐disturbing activities on the project site (including building foundation removal). Any excavations that extend below sediments that were previously monitored shall be subject to Native American monitoring.

Monitoring procedures shall follow the Cultural Resources Monitoring Plan prepared under Mitigation Measure CUL‐1a as described in Section 4.4 of the EIR. Construction crews shall stop all work within 100 feet of any tribal cultural resource discovery until the find has been assessed by an archaeologist that meets the Secretary of the Interior's Professional Qualifications Standards in archaeology and by FIGR. Native American archaeological materials and tribal cultural resources could include obsidian and chert flaked stone tools (e.g., projectile and dart points), midden (culturally derived darkened soil containing heat‐affected rock, artifacts, animal bones, and/or shellfish remains), and/or groundstone implements (e.g., mortars and pestles).

Mitigation Measure TCR‐1b: Survey of Site by Trained Human Remains Detection Dogs. Prior to the issuance of a grading or building permit, the project sponsor shall provide written evidence to the City's Community Development Department that a consultant has been retained to conduct a survey of the site using trained human remains detection dogs with an FIGR tribal monitor present.

The survey shall be performed after the demolition of structures, structure foundations, and paved areas but prior to when trenching, grading, or earthwork on the project site commences. If the survey results in the identification of an area potentially containing human remains, the area should be avoided. If avoidance of such areas is not feasible, then the City shall require that a professional archaeologist be retained to conduct subsurface testing in the presence of a tribal representative from the FIGR to verify the presence or absence of remains. If human remains are confirmed, then the procedures in Mitigation Measure CUL‐1c shall be followed.

Findings for Impact TCR‐1: Mitigation Measure TRC‐1a requires Native American representatives be present onsite during ground disturbing activities on the project site and that monitoring activities conform to those outlined in the Cultural Resources Monitoring Plan (see Mitigation Measure CUL‐ 1a). Mitigation Measure TCR‐1b requires that a human remains survey, accompanied by FIGR tribal monitoring, be completed prior to trenching, grading, or excavation activities. The purpose of these measures is to avoid potential adverse effects to tribal cultural resources, including human remains.

Implementation of the identified mitigation measure would reduce the impact to a less‐than‐ significant level. Pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), the City finds that, based upon substantial evidence in the record as presented in Section 4.5, Tribal Cultural Resources of the Draft EIR, changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the potentially significant impact on tribal cultural resources, including potential impacts to Native American human remains.

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3.2.3 Geology and Souls
GEO‐1: Proposed and existing improvements could be damaged due to expansive soil conditions.

Mitigation Measure GEO‐1: Lining of Bioretention Planters. The project geotechnical engineer shall review the proposed bioretention planter designs for the project to determine whether the designs meet the geotechnical recommendations regarding lining of stormwater drainage swales to address expansive soil conditions. If the project geotechnical engineer indicates that any of the bioretention planters should include bottom liners to address expansive soil conditions, the bioretention planter designs shall be modified in accordance with the geotechnical engineer’s recommendations.

Modifications to bioretention planter designs shall account for potential increases in stormwater discharges that could occur from lining the bottoms of planters to ensure that the project would not increase stormwater discharges compared to existing conditions at the project site. Such modifications may include increasing the size/depth of bioretention planters, adding infiltration devices in areas that would not adversely affect proposed or existing improvements, or additional stormwater retention features such as bioswales or underground cisterns with metered outlets. The geotechnical review and potential modifications to project designs discussed above shall occur prior to the City of San Rafael (City) issuing grading or building permits for the project.

Findings for Impact GEO‐1: Mitigation Measure GEO‐1 requires a geotechnical engineering assessment to make recommendations regarding expansive soil conditions, specifically to ensure the unlined bioretention planters do not contribute to unstable soil conditions. The purpose of this measure is to avoid seismic‐related ground failure due to expansive soils and to ensure that the project is constructed according to established engineering standards. Implementation of the identified mitigation measure would reduce the impact to a less‐than‐significant level. Pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), the City finds that, based upon substantial evidence in the record as presented in Section 4.6, Geology and Soils of the Draft EIR, changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the potentially significant impact related to geology and soils including expansive soil conditions.

GEO‐2: Placement of new loads on the project site, vibration‐generating construction activities, and excavation and dewatering activities could result in subsidence, settlement, or differential settlement that could adversely affect the proposed and existing structures and other improvements.

Mitigation Measure GEO‐2: Preparation of a Design‐Level Geotechnical Report. The project sponsor shall define the extent of engineered fill that would be placed on the project site and extent of excavation that would occur for subsurface parking structures in the project plans. The project sponsor shall hire a qualified Geotechnical Engineer to prepare a design‐level geotechnical report for the project that shall include the following:
• A design‐level analysis of total and differential settlement that may occur for shallow foundations installed over areas of ground improvement, if ground improvement would be performed. This analysis must be based on site‐specific design recommendations for ground improvement prepared in accordance with the recommendations of the 2021 Geotechnical Investigation for the project.

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16 P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) • A design‐level analysis of potential total and differential settlement associated with the placement of defined amounts of fill material, ground improvement activities, construction of other improvements, and dewatering activities on the project site. The settlement analysis shall define buffer distances away from construction activities within which settlement could occur as a result of the project and shall describe the settlement amounts that could occur within these buffer distances.
• Allowable settlement estimates for planned and existing improvements both on the project site and within the buffer distances described above that shall account for estimated settlement amounts developed for existing and planned improvements on surrounding properties. • Recommendations to minimize the amounts of subsidence/settlement and differential settlement that would result from the project (e.g., minimizing placement of fill, use of lightweight fill, and shoring systems that would limit the movement of adjacent improvements and minimize the amount of excavation dewatering required, such as interlocking sheet piles or soil‐cement cut‐off walls). Recommendations to mitigate potential damage to proposed and existing improvements (e.g., structures, pavement surfaces, roadways, underground parking structure, and utilities), both on and off the project site, that could result from settlement of existing unstable soil on and near the project site as a result of the project. Such recommendations could include installation of bracing/underpinning, installation of flexible utility couplings, or relocation of utilities.
• If the settlement analysis indicates that existing off‐site improvements could be adversely affected by settlement as a result of the project, a pre‐construction survey (e.g., crack survey) and settlement monitoring program shall be developed and implemented before and during construction for existing improvements that may be affected by the project. This survey shall be used as a baseline to evaluate any damage claims and also to assist the contractor in assessing the performance of shoring systems. The pre‐construction survey shall record the elevation and horizontal position of all existing installations within the buffer distance determined by the settlement analysis as described above, and shall consist of, but not be limited to, photographs, video documentation, and topographic surveys. The settlement monitoring program shall include installation of inclinometers and groundwater monitoring wells within a distance of 5 to 15 feet from excavations for below‐grade parking and toward existing improvements.

Settlement surveys shall be performed on a weekly basis during excavation for below‐grade parking and on a monthly basis starting approximately 1 month after the excavation has been completed and continuing for a period of at least 2 years after the completion of construction activities (or other frequency and duration as recommended by the Geotechnical Engineer of Record).

The project plans and design‐level geotechnical report shall be submitted to the City for review and approval prior to the City issuing grading or building permits. The project sponsor shall repair damages to existing or planned improvements if settlement monitoring identifies obvious damage or exceedance of allowable settlement amounts. The repair of damage shall be performed prior to the City issuing a certificate of occupancy for the project.

Findings for Impact GEO‐2: Mitigation Measure GEO‐2 requires that the project sponsor retain a qualified geotechnical engineer to conduct a design‐level evaluation of the potential for subsidence or settlement to occur due to placement of new loads on the project site, use of vibration‐ LSA

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P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) 17 generation construction equipment and activities, and excavation and dewatering activities. The purpose of this measure and the required report is to avoid and mitigate potential ground failure and resulting damage to existing and proposed improvements that could occur due to the proposed project. A monitoring program is required to be put in place to ensure that off‐site improvements are not damaged and that repairs are made if necessary. Implementation of Mitigation Measure GEO‐2 would ensure that potential impacts of the project related to static settlement, subsidence, or collapse of unstable soil would be minimized to the extent feasible through compliance with site‐ specific construction and engineering practices to be detailed in a design‐level geotechnical report.

Compliance with these measures would ensure that impacts are reduced to below a level of significance and consistent with accepted practices throughout the State. Pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), the City finds that, based upon substantial evidence in the record as presented in Section 4.6, Geology and Soils of the Draft EIR, changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the potentially significant impact related to geology and soils including subsidence, settlement, or differential settlement.

GEO‐3: The project could directly or indirectly destroy a unique paleontological resource or site.

Mitigation Measure GEO‐3: Paleontological Resource Protection. Before the start of any excavation activities, the project sponsor shall retain a qualified paleontologist, as defined by the Society of Vertebrate Paleontology (SVP), who is experienced in training construction personnel regarding paleontological resources. The qualified paleontologist shall train all construction personnel who are involved with earthmoving activities, including the site superintendent, regarding the possibility of encountering fossils, the appearance and types of fossils that could be seen during construction, and proper notification procedures should fossils be encountered. Should any paleontological resources be encountered during construction activities, all ground‐disturbing activities within 50 feet of the find shall cease, and the City and project sponsor shall be notified immediately. The project sponsor shall immediately notify the qualified paleontologist and request that they assess the situation per SVP standards, consult with agencies as appropriate, and make recommendations for the treatment of the discovery if found to be significant. If construction activities cannot avoid the paleontological resources, adverse effects to paleontological resources shall be mitigated. Mitigation may include monitoring, recording the fossil locality, conducting data recovery and analysis, preparing a technical report, and providing the fossil material and technical report to a paleontological repository, such as the University of California Museum of Paleontology. Public educational outreach may also be appropriate. Upon completion of the assessment, a report documenting methods, findings, and recommendations shall be prepared and submitted to the City for review.

Findings for Impact GEO‐3: Mitigation Measure GEO‐3 requires the retention of a qualified paleontologist to provide training on the potential for discovery of onsite paleontological resources during ground disturbing activities, as well as avoidance and notification procedures. This measure further requires assessment and appropriate treatment of any paleontological resource encountered during earth disturbance activities. The purpose of this measure is to avoid destruction of a unique paleontological resource or site. Implementation of the identified mitigation measure would reduce the impact to a less‐than‐significant level. Pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), the City finds that, based upon substantial LSA

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18 P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) evidence in the record as presented in Section 4.6, Geology and Soils of the Draft EIR, changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the potentially significant impact on paleontological resources that could be located within the project site.

3.2.4 Hydrology and Water Quality
HYD‐1: Project dewatering could result in the migration of potential off‐site groundwater contamination towards the project site.

Mitigation Measure HYD‐1: Prevent Potential Groundwater Contamination Migration. The project sponsor shall coordinate with the appropriate regulatory agency (most likely the Regional Water Quality Control Board ([RWQCB]) to evaluate whether groundwater beneath the shopping center adjacent to the eastern perimeter of the project site has been contaminated by a release of hazardous materials. If groundwater contamination is identified at this off‐site property, the project sponsor shall evaluate whether proposed dewatering activities could result in migration of off‐site groundwater contamination to areas that were not previously contaminated. This evaluation shall include the following:
• A detailed analysis of soil formations that would be affected by excavation and dewatering activities, including an analysis of hydraulic conductivity through potential preferential pathways, including the buried former creeks and drainage ditch on and adjacent to the project site; • A detailed description of proposed excavation shoring and dewatering systems, including dewatering locations, flow rates, and durations that would be required based on the soil formations present; and
• Hydraulic modeling to demonstrate potential changes to groundwater conditions, including changes in groundwater levels and flow directions, and potential movement of contaminated groundwater.

If the evaluation indicates that project dewatering could result in migration of off‐site groundwater contamination to previously uncontaminated areas, the proposed excavation shoring and dewatering system design shall be modified as necessary to ensure that project dewatering would not result in the migration of off‐site groundwater contamination. Such modifications to the proposed shoring systems could include the use of interlocking sheet piles or soil‐cement cut‐off walls that can reduce dewatering requirements. The project sponsor shall submit the hydraulic evaluation and dewatering plans to the appropriate regulatory agency for review and approval. The project sponsor shall provide the City of San Rafael (City) with evidence of agency approval for the proposed dewatering activities prior to the City issuing permits for installation of excavation shoring or dewatering systems.

Findings for Impact HYD‐1: Mitigation Measure HYD‐1 requires the project sponsor to coordinate with applicable regulatory agencies and to conduct an evaluation to ensure that project dewatering does not result in migration of contaminated groundwater to beneath the project site. The evaluation is required to determine if contamination is present at the off site property and if dewatering activities could result in migration of these contaminants. If so, the proposed excavation shoring and dewatering system is required to be modified as necessary to ensure that project dewatering would not result in migration of off‐site groundwater contamination. Implementation of LSA

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P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) 19 the identified mitigation measure would reduce the impact to a less‐than‐significant level. Pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), the City finds that, based upon substantial evidence in the record as presented in Section 4.7, Hydrology and Water Quality of the Draft EIR, changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the potentially significant impacts to hydrology and water quality, including migration of potential off‐site groundwater contamination.

Impact HYD‐2: The increase in water supply demand due to the project could potentially interfere with sustainable management of groundwater in the Santa Rosa Plain Subbasin.

Mitigation Measure HYD‐2: Water Supply Coordination. The Water Supply Assessment (WSA) prepared for the project shall be provided to Sonoma Water for review so that Sonoma Water can account for the increased water supply demand that would be generated by the project in their groundwater management efforts to maintain sustainable management of the Santa Rosa Plain Subbasin.

Findings for Impact HYD‐2: Mitigation Measure HYD‐2 requires the City to provide the Water Supply Assessment prepared for the proposed project to Sonoma Water so that this agency can include the proposed project in its future water management plan projections. This would ensure that the proposed project would not interfere with sustainable management of groundwater recharge in the Santa Rosa Plain Subbasin. Implementation of the identified mitigation measure would reduce the impact to a less‐than‐significant level. Pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), the City finds that, based upon substantial evidence in the record as presented in Section 4.7, Hydrology and Water Quality of the Draft EIR, changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the potentially significant impacts to hydrology and water quality, including potential conflicts with sustainable management of groundwater.

Impact HYD‐3: The 100‐year storm runoff from the project site could exceed the capacity of proposed stormwater infrastructure and result in flooding on the project site and surrounding roadways.

Mitigation Measure HYD‐3: Hydraulic Modeling. The project sponsor shall hire a qualified Civil Engineer to perform hydraulic modeling to evaluate the 100‐year storm event hydraulic grade line water elevations on the project site under proposed project conditions. The qualified Civil Engineer shall coordinate with the City to determine the estimated sea level rise amount that shall be used in the hydraulic modeling. The evaluation shall account for contribution of runoff from the project site and surrounding properties (including reasonably foreseeable projects identified by the City) into public roadways. If the evaluation demonstrates that the 100‐year storm event could result in on‐ site flooding above the minimum of 1 foot of freeboard from the finished floor elevations on the project site or that runoff from the project site could contribute to increased flooding in off‐site areas (including roadways), the project shall incorporate additional stormwater retention systems (e.g., swales, retention ponds, or cisterns with metered outlets) and/or additional stormwater conveyance systems into the project design to ensure that stormwater runoff from the project would not result in on‐site flooding or contribute to increased off‐site flooding. The results of the LSA

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20 P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) hydraulic modeling and any changes to the project’s stormwater management system designs shall be submitted to the City for review and approval prior to the issuance of grading or building permits.

Findings for Impact HYD‐3: Mitigation Measure HYD‐3 requires the project sponsor to retain a qualified civil engineer to evaluate the 100‐year storm event hydraulic grade line water elevations on the project site under proposed project conditions and to modify the project’s stormwater management system if necessary to ensure that on‐ or off‐site flooding does not occur.

Implementation of the identified mitigation measure would reduce the impact to a less‐than‐ significant level. Pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), the City finds that, based upon substantial evidence in the record as presented in Section 4.7, Hydrology and Water Quality of the Draft EIR, changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the potentially significant impacts to hydrology and water quality, including the potential for on‐ or off‐site flooding to occur.

3.2.5 Hazards and Hazardous Materials
HAZ‐1: Demolition or renovation activities may result in the release of PCBs into the environment.

Mitigation Measure HAZ‐1: Hazardous Building Materials Survey. Prior to issuance of demolition or renovation permits for existing structures, the project sponsor shall perform a comprehensive Hazardous Building Materials Survey (HBMS) for the structures to be affected, which shall be prepared and signed by a qualified environmental professional, documenting the presence or lack thereof of polychlorinated biphenyls (PCBs) containing equipment and materials, and any other hazardous building materials. The testing for PCBs shall include, but not be limited to, sampling of hydraulic oil in elevator equipment at the former Sears facilities, and sampling of stained concrete near existing and former hydraulic elevator and lift equipment at the former Sears facilities. The location of the vault that contained the transformer oil leak in 1997 shall be identified through coordination with representatives of the project site, research of building plans, and/or by requesting such information from the Pacific Gas and Electric Company (PG&E); sampling of concrete for PCBS shall be performed in this vault. If the location of the transformer that leaked oil in 1997 cannot be identified, PCB sampling shall be performed at all concrete vaults that could potentially have been affected by a transformer oil release. The HBMS shall include abatement specifications for the stabilization and/or removal of the identified hazardous building materials in accordance with all applicable laws and regulations. The project sponsor shall implement the abatement specifications and shall submit to the City evidence of completion of abatement activities prior to demolition or renovation of the existing structures.

Findings for Impact HAZ‐1: Mitigation Measure HAZ‐1 requires the project sponsor to conduct a Hazardous Building Materials Survey to determine if PCBs and other hazardous materials are present within the structures to be demolished and if they are present, to conduct abatement activities in accordance with all applicable laws and regulations. The purpose of this measure is to avoid the release of lead, asbestos, PCBs, and other hazardous materials into the environment.

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P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) 21 required in, or incorporated into, the project which mitigate or avoid the potentially significant impact related to hazardous materials, including potential impacts related to the release of PCBs and other hazardous materials.

HAZ‐2: Subsurface hazardous materials may be released into the environment during construction and operation of the project.

Mitigation Measure HAZ‐2: Soil and Groundwater Management Plan. The project sponsor shall engage with the appropriate regulatory agency (e.g., the San Francisco Bay Regional Water Quality Control Board [RWQCB] or Department of Toxic Substances Control [DTSC]) to provide oversight of additional subsurface investigation at the project site, preparation and implementation of a Soil and Groundwater Management Plan (SGMP), and the implementation of remedial actions, as necessary, at the project site. The additional subsurface investigation activities shall include additional investigation of potential contamination source areas to define the extent of subsurface contamination at the project site. The additional subsurface investigation activities shall include analysis of PCBs in soil and groundwater near areas of former and existing hydraulic elevators and lifts and the transformer that leaked oil in 1997. The SGMP shall outline soil and groundwater management protocols that would be implemented during redevelopment of the project site to ensure that construction workers, the public, future occupants, and the environment would not be exposed to hazardous materials that may be present in the subsurface of the project site. The SGMP shall include, at a minimum, the following procedures to be implemented during construction:
• Health and safety requirements for construction workers that may handle contaminated soil or groundwater;
• Guidelines for controlling airborne dust, vapors, and odors; • Air monitoring requirements for volatile organic compounds (VOCs) during construction; • Regulatory notification requirements if undocumented contamination or features of environmental concern (e.g., underground storage tanks [USTs] or clarifiers/sumps/vaults and associated piping) are encountered;
• Inspection and sampling protocols for contaminated soil or groundwater by a qualified environmental professional;
• Guidelines for groundwater dewatering, treatment, and disposal to ensure compliance with applicable regulations/permit requirements; and
• Guidelines for the segregation of contaminated soil, stockpile management, characterization of soil for off‐site disposal or on‐site re‐use, and importing of clean fill material.

The report(s) documenting additional investigation activities and the SGMP shall be submitted to the regulatory oversight agency for review and approval prior to the City issuing demolition or grading permits for the project. Remedial actions that may be required for the project could include, but would not necessarily be limited to, removal of hazardous materials containers/features (e.g., USTs, piping, clarifiers/sumps/vaults), removal and off‐site disposal of contaminated soil or groundwater, in‐situ treatment of contaminated soil or groundwater, or engineering/institutional controls (e.g., installation of vapor intrusion mitigation systems and establishing deed restrictions).

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22 P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) the City issuing demolition, grading, or building permits that would be required for the remedial action. The project sponsor shall document the implementation of the SGMP during construction and the completion of remedial actions. The project sponsor shall submit to the City evidence of approval from the regulatory oversight agency for the implementation of the SGMP and completion of any remedial actions prior to the City issuing a certificate of occupancy for the project site.

Findings for Impact HAZ‐2: Mitigation Measure HAZ‐2 requires the project sponsor to work with and receive approval from the applicable regulatory agency to identify additional subsurface hazards, prepare and implement a Soil and Groundwater Management Plan, and implement necessary remedial actions. The purpose of this measure is to ensure that subsurface contamination on the project site is properly investigated and remediated, and the risk of release of subsurface hazardous materials into the environment during construction and operation of the project is reduced.

Implementation of this mitigation measure would reduce the impact to a less‐than‐significant level.

Pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), the City finds that, based upon substantial evidence in the record as presented in Section 4.8, Hazards and Hazardous Materials of the Draft EIR, changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the potentially significant impact on hazards materials, including potential impacts associated with potential release of subsurface hazardous materials.

3.2.6 Transportation
TRA‐1: Implementation of the proposed project would worsen an existing hazardous geometric design feature at the driveway 280 feet north of Northgate Drive/Thorndale Drive.

Mitigation Measure TRA‐1: Sight Triangle Maintenance. The project sponsor shall submit plans showing that vegetation would be removed from the sight triangle shown on Plate 2 in the Transportation Impact Study (TIS) prepared for the proposed project (included as Appendix F to the Environmental Impact Report [EIR]). Consistent with the Federal Highway Administration’s (FHWA) guide on Vegetation Control for Safety (2007), bushes and shrubs within a motorists’ line of sight shall be kept under 3 feet in height, and trees and hanging branches shall be trimmed to a minimum height of 7 feet. The City’s Community Development Director, or their designee, shall verify that the project plans show the sight triangle clear of vegetation consistent with FHWA guidelines prior to the issuance of any building permits. These conditions shall also be maintained throughout the life of the project.

Findings for Impact TRA‐1:Mitigation Measure TRA‐1 requires removal of vegetation to improve sight distance at the driveway 280 feet north of Northgate Drive and Thorndale Drive. This measure includes maintenance of this condition throughout the life of the project. Implementation of the identified mitigation measure would reduce the impact to a less‐than‐significant level. Pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), the City finds that, based upon substantial evidence in the record as presented in Section 4.9, Transportation of the Draft EIR, changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the potentially significant impact related to an existing hazardous geometric design feature. Air Quality
LSA

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P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) 23 AIR‐1: The proposed project could conflict with implementation of the San Francisco Bay Area Clean Air Plan.

Mitigation Measure AIR‐1: Implement Mitigation Measures AIR‐2 and AIR‐3 (identified below).

Findings for Impact AIR‐1: Mitigation Measure AIR‐ 2 requires implementation of the BAAQMD’s Best Management Practices (BMPs) for construction‐related fugitive dust emissions that are applicable to all construction projects throughout the Air Basin. These measures would ensure that short‐term impacts associated with generation of particulate matter and fugitive dust are reduced to the extent feasible. Mitigation Measures AIR‐3a and AIR‐3b, require the project sponsor to ensure that that all diesel‐powered engines are CARB‐certified Tier 4 final engines and that during Phase 1 development VOC levels in all interior paint and architectural coatings are limited to 50 grams per liter or less. Implementation of the identified mitigation measures would ensure that construction period air quality emissions are reduced to the extent feasible and that emissions do not exceed the established thresholds, thus ensuring that there would be no conflict with the San Francisco Bay Area Clean Air Plan. Pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), the City finds that, based upon substantial evidence in the record as presented in Section 4.10, Air Quality of the Draft EIR, changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the potentially significant impact on air quality, including potential impacts due to ROG and NOX emissions.

Impact AIR‐2: Construction of the proposed project would generate fugitive dust (PM2.5 and PM10) emissions.

Mitigation Measure AIR‐2: BAAQMD Basic Construction Mitigation Measures. In order to meet the Bay Area Air Quality Management District (BAAQMD) fugitive dust threshold, the following BAAQMD Basic Construction (Best Management Practice) Mitigation Measures shall be implemented for all phases of construction:
• All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.
• All haul trucks transporting soil, sand, or other loose material off site shall be covered. • All visible mud or dirt tracked‐out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. • All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph). • All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible.

Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
• Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by California Code of Regulations [CCR] Title 13, LSA

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24 P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) Section 2485, the California Airborne Toxic Control Measure). Clear signage shall be provided for construction workers at all access points.
• All trucks and equipment, including their tires, shall be washed off prior to leaving the site. • All construction equipment shall be maintained and properly tuned in accordance with manufacturers’ specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. • A publicly visible sign shall be posted with the telephone number and person to contact at the City of San Rafael regarding dust complaints, and the City staff person shall respond and take corrective action within 48 hours. The BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations.

Findings for Impact AIR‐2: Mitigation Measure AIR‐2 requires implementation of the BAAQMD’s Best Management Practices (BMPs) for construction‐related fugitive dust emissions that are applicable to all construction projects throughout the Air Basin. The purpose of this measure is to reduce fugitive dust emissions during construction, consistent with BAAQMD requirements.

Implementation of the identified mitigation measure would reduce the impact to a less‐than‐ significant level. Pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), the City finds that, based upon substantial evidence in the record as presented in Section 4.10, Air Quality of the Draft EIR, changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the potentially significant construction‐period impact on air quality, including potential impacts due to fugitive dust emissions.

Impact AIR‐3: Construction of Phase 1 would generate ROG and NOX emissions in excess of thresholds established by the BAAQMD, resulting in a violation of air quality standards.

Mitigation Measure AIR‐3a: Construction Equipment Requirements. Prior to the commencement of construction activities, the project sponsor shall require its construction contractor to demonstrate that all 50 HP or greater diesel‐powered equipment are powered with California Air Resources Board (CARB)‐certified Tier 4 Final engines.

Mitigation Measure AIR‐3b: Phase 1 Architectural Coatings and Interior Paints. To address the impact relative to reactive organic gas (ROG) emissions during Phase 1 construction, all interior paints and other architectural coatings shall be limited to 50 grams per liter or less of volatile organic compounds (VOCs). The project sponsor’s construction contractor shall procure architectural coatings from a supplier in compliance with the requirements of BAAQMD Regulation 8, Rule 3 (Architectural Coatings), that meet the 50 grams per liter or less VOC content.

Findings for Impact AIR‐3: Mitigation Measures AIR‐3a and AIR‐3b require the project sponsor to ensure that that all diesel‐powered engines are CARB‐certified Tier 4 final engines and that during Phase 1 development VOCs in all interior paints and architectural coating are limited to 50 grams per liter or less. The purpose of these measures is to ensure that ROG and NOX emissions are reduced to below established BAAQMD significance thresholds. Implementation of the identified mitigation measure would reduce the impact to a less‐than‐significant level. Pursuant to Public LSA

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P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) 25 Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), the City finds that, based upon substantial evidence in the record as presented in Section 4.10, Air Quality of the Draft EIR, and in the RTC Document, changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the potentially significant impact on air quality, including potential impacts due to ROG and NOX emissions.

Impact AIR‐4: Construction of the proposed project would expose sensitive receptors to substantial pollutant concentrations through exceeding the carcinogenic inhalation health risk threshold.

Mitigation Measure AIR‐4: Implement Mitigation Measure AIR‐3a.

Findings for Impact AIR‐4: Mitigation Measure AIR‐3a requires the project sponsor to ensure that all diesel‐powered engines are CARB‐certified Tier 4 final engines to reduce the emission of toxic air contaminants (TACs) such as diesel particulate matter (DPM). The purpose of this measure is to reduce cancer risk at the maximally exposed individual (MEI) to below the BAAQMD cancer risk of 10 in 1 million. Implementation of the identified mitigation measure would reduce the impact to a less‐than‐significant level. Pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), the City finds that, based upon substantial evidence in the record as presented in Section 4.10, Air Quality of the Draft EIR, and in the RTC Document, changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the potentially significant impact on air quality, including potential impacts due to exposure of sensitive receptors to substantial pollutant concentrations.

3.2.8 Noise
NOI‐1: Construction of the proposed project would result in a significant short‐term increase in ambient noise levels in the vicinity of the project site in excess of the thresholds established in the City of San Rafael General Plan or Noise Ordinance.

Mitigation Measure NOI‐1: Sound Barriers. The City of San Rafael (City) Director of Community Development, or designee, shall verify prior to issuance of demolition or grading permits that the approved plans require that the construction contractor implement the following measures during project construction activities:
• Temporary noise barriers or shrouds shall be installed (featuring materials and methods of assembly and installation that yields a sound transmission class [STC] of 20 or better) near the operating equipment in a safe, feasible, and practical manner to break sound paths between it and the off‐site or on‐site noise‐sensitive receptors (e.g., single‐ or multi‐family residences) of concern.
• During Phase 1 of construction, the temporary barriers shall be a minimum of 10 feet tall. • During Phase 2 of construction, the barriers shall be a minimum of 11 feet tall.

Findings for Impact NOI‐1: Mitigation Measure NOI‐1 requires the project sponsor to install temporary noise barriers during construction to prevent noise levels at off‐site receptors (during Phase 1) and Phase 1 residential receptors (during Phase 2 construction) from exceeding established LSA

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26 P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) thresholds. Specifically, implementation of Mitigation Measure NOI‐1 would reduce the predicted increase in outdoor ambient noise levels at these closest off‐site noise‐sensitive receptors to less than or equal to 10 dB. The purpose of this measure is to reduce exposure of residents to excessive noise levels during construction. Implementation of the identified mitigation measure would reduce the impact to a less‐than‐significant level. Pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), the City finds that, based upon substantial evidence in the record as presented in Section 4.12, Noise of the Draft EIR, and in the RTC Document, changes or alterations have been required in, or incorporated into, the project which mitigate or avoid potentially significant construction‐period noise impacts, including potential impacts related to exposure of residents to excessive noise levels.

3.2.9 Utilities and Service Systems
UTL‐1: The proposed project would generate wastewater that would exceed the capacity of the existing sewer infrastructure that serves the project site.

Mitigation Measure UTL‐1: Prior to the issuance of a certificate of occupancy for any of the residential units on the project site, the existing 12‐ 15‐ and 18‐inch diameter Northgate Trunk Sewer line downstream of the project site shall be upsized as determined by hydraulic calculations conducted by the project sponsor in coordination with the Las Gallinas Valley Sanitary District (LGVSD). The analysis shall also identify the fair share cost for these improvements attributed to the proposed project. The certificate of occupancy shall not be issued until the LGVSD has issued final approval that the required upgrades have been completed.

Findings for Impact UTL‐1: Mitigation Measure UTL‐1 would require the existing Northgate Trunk Sewer Line to be upsized to prevent project‐generated wastewater from exceeding the capacity of the existing sewer system. Implementation of the identified mitigation measure would reduce the impact to a less‐than‐significant level. Pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), the City finds that, based upon substantial evidence in the record as presented in Section 4.14, Utilities and Service Systems of the Draft EIR and in the RTC Document, changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the potentially significant impacts to sewer infrastructure.

3.3 ENVIRONMENTAL EFFECTS FOUND TO BE LESS THAN SIGNIFICANT OR TO HAVE

NO IMPACT
This section identifies impacts of the project that are less than significant or would result in no impact and do not require mitigation measures. Based on information in the Final EIR, the City finds that based upon substantial evidence in the record, the following impacts have been determined to be less than significant: land use and planning; population and housing; visual resources; public services and recreation; and energy. The following topics were determined to have no impact:
agricultural resources, biological resources, mineral resources, and wildfire. Growth‐inducing impacts were also found to be less than significant and are also discussed.

LSA

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3.3.1 Land Use and Planning
The proposed project would be generally consistent with the land use and planning‐related policies outlined in the City’s General Plan and as a result of regulations built into the PD District and the project sponsor’s compliance with those regulations, the proposed rezoning and development standard changes do not represent significant land use policy impacts. The project site is located within the Northgate Priority Development Area, would include both residential and commercial uses, and therefore would be consistent with the core strategy of Plan Bay Area 2050.2 In addition, the proposed project would not exceed VMT thresholds (see Section 4.9, Transportation of the Draft EIR), is anticipated to have a net‐negative impact on operational GHG emissions (see Section 4.11, Greenhouse Gas Emissions of the Draft EIR), and would not result in a significant impact on air quality (see Section 4.10, Air Quality of the Draft EIR, and the RTC Document). Therefore, the proposed project would be consistent with Plan Bay Area 2050. Lastly, the proposed project would not create any physical barriers to travel in the vicinity of the project site. Therefore, impacts related to land use and planning would be less than significant.

Findings. The City finds that, based upon substantial evidence in the record presented in Section 4.1, Land Use and Planning of the Draft EIR, the project impact related to land use and planning is less than significant and no mitigation measures are required.

3.3.2 Population and Housing
The proposed project would substantially increase the housing stock within San Rafael and the region and would be consistent with regional projections for population and household growth for the Bay Area and Marin County. The proposed project would not include removal of any existing residential uses and therefore would not require construction of replacement housing elsewhere.

The City’s 2023‐2031 Housing Element was certified by the State Department of Housing and Community Development (HCD) on June 22, 2023.3 The 2023‐2031 Regional Housing Needs Assessment (RHNA) assigned San Rafael an allocation of 3,220 housing units.4 This allocation includes 857 units for very‐low income households, 492 units for low‐income households, 521 units for moderate‐income households, and 1,350 units for above moderate‐income households. The proposed project is identified in the Housing Element (see Housing Element Table 4.3) as providing

11.4 percent of the City’s current overall RHNA allocation, including 16.7 percent of the low‐income housing allocation. The proposed project would not result in substantial direct or indirect population growth beyond that planned for the city, county, or region, and instead would contribute to the 2 Plan Bay Area 2050 is the latest update to the long‐range Regional Transportation Plan and Sustainable Communities Strategy for the nine‐county San Francisco Bay Region developed and adopted the Metropolitan Transportation Commission (MTC) and the Association of Bay Area Governments (ABAG). Priority Development Areas (PDAs) are places near public transit that are planned for new homes, jobs and community amenities. By bringing transit, jobs and housing together in downtowns, along main streets and around rail stations, PDAs help the Bay Area reduce greenhouse gas emissions and begin to solve the region’s housing crisis. The PDAs were adopted by the executive bodies of MTC and ABAG on July 16, 2020 and represent areas local jurisdictions have identified for new and/or intensified development. The Northgate PDA has been identified as a “Regionally Significant” PDA. (see:
https://abag.ca.gov/technical‐assistance/priority‐development‐area‐program‐overview). 3 San Rafael. City of. 2023. City of San Rafael Housing Element 6th Cycle 2023‐2031, adopted May 15, 2023. Website:
https://www.cityofsanrafael.org/housing‐element‐2031/ 4 Of note, during the 5th Cycle (2015‐2023), the City permitted 388 units, satisfying approximately 38.5 of its RHNA allocation. (2023‐2031 Housing Element, page 2‐1).

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28 P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) needed and planned supply of housing, including affordable housing. Therefore, impacts related to population and housing would be less than significant.

Findings. The City finds that, based upon substantial evidence in the record presented in Section 4.2, Population and Housing of the Draft EIR, and in the RTC Document, the project impact related to population and housing is less than significant and no mitigation measures are required.

3.3.3 Visual Resources
The proposed project would not conflict with the visual quality‐related policies and programs set forth in the San Rafael General Plan or impede attainment of a complimentary visual relationship between the proposed project and existing and planned development surrounding the site, the project area’s overall topography, or short‐range and long‐range ridgelines. Additionally, the proposed project would be subject to various Municipal Code and General Plan requirements that would minimize potential impacts related to light and glare that may result from the increase in intensity at the project site. As such, implementation of the proposed project would not create a source of light and glare that would substantially or adversely affect day or nighttime views in the area. The proposed project would also not cast any new shadows on surrounding uses, including the open space areas to the east and south. Therefore, impacts related to visual resources would be less than significant.

Findings. The City finds that, based upon substantial evidence in the record presented in Section 4.3, Visual Resources of the Draft EIR, and in the RTC Document, the potential project impact related to visual resources is less than significant and no mitigation measures are required.

3.3.4 Public Services and Recreation
The proposed project would not result in any development beyond that which was already considered in the General Plan and General Plan EIR and would therefore not significantly impact the provision of fire, police, school or other public services or necessitate construction of new facilities to provide such services, the construction of which could result in environmental effects.

Additionally, the proposed project would not increase use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration could result.

Therefore, impacts related to public services and recreation would be less than significant.

Findings. The City finds that, based upon substantial evidence in the record presented in Section

4.13, Public Services and Recreation of the Draft EIR, and in the RTC Document, the potential project impact related to public services and recreation is less than significant and no mitigation measures are required.

3.3.5 Energy
The proposed project would use renewable energy on site as determined to be feasible and would not result in wasteful, inefficient, or unnecessary consumption of energy resources (including electricity, natural gas, or petroleum) during construction or operation. The project would not involve characteristics that require equipment that would be less energy efficient than at comparable construction sites in the region or State. Additionally, the proposed project would LSA

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P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) 29 comply with and exceed applicable existing energy standards and regulations. Therefore, impacts related to energy would be less than significant.

Findings. The City finds that, based upon substantial evidence in the record presented in Section

4.15, Energy of the Draft EIR, and in the RTC Document, the potential project impact related to energy is less than significant and no mitigation measures are required.

3.3.6 Agricultural Resources
The project site and vicinity are located within an urban area in San Rafael. The project site is currently zoned as General Commercial and is classified as “Urban and Built‐Up Land” by the State Department of Conservation. The project site is not used for agricultural production and it does not support forestry resources. Therefore, there would be no impact to agricultural and forestry resources.

Findings. The City finds that, based upon substantial evidence in the record as presented in Chapter

6.0, Other CEQA Considerations of the Draft EIR, there is no impact related to agricultural resources and no mitigation measures are required.

3.3.7 Biological Resources
The project site does not provide suitable habitat for any special‐status plant species, does not contain any riparian habitat, wetlands, or wildlife movement corridors, and is not located within the boundaries of any adopted Habitat Conservation Plan. The proposed project would result in removal of mature trees and vacant buildings that could provide habitat for special‐status species, including the white‐tailed kite (Elanus leucurus) and pallid bat (Antrozous pallidus) as well as other roosting bats. Compliance with regulatory requirements imposed by the California Department of Fish and Wildlife (CDFW) and the federal Migratory Bird Treaty Act (MBTA) to protect nesting birds and roosting bats would be required as conditions of approval for the proposed project. Implementation of these measures, which are standard construction measures that are applicable to all construction projects that have potential to impact nesting birds and bats species, would ensure that these impacts would not occur. The project would comply with Chapter 11.12 of the San Rafael Municipal Code regarding tree removal and replacement. Therefore, there would be no impact on biological resources as a result of project implementation.

Findings. The City finds that, based upon substantial evidence in the record as presented in Chapter

6.0, Other CEQA Considerations of the Draft EIR, there is no impact related to biological resources and no mitigation measures are required.

3.3.8 Mineral Resources
The project site is located within an urban area on a developed site. The San Rafael Rock Quarry, which is located approximately 4.75 miles east of the project site, is the only mineral resource area located within San Rafael. Therefore, the proposed project would not result in the loss of availability of a known mineral resource of value to the region or residents of the State or the loss of availability of a locally important mineral resource recovery site. There would be no impact.

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30 P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) Findings. The City finds that, based upon substantial evidence in the record as presented in Chapter

6.0, Other CEQA Considerations of the Draft EIR, there is no impact related to mineral resources and no mitigation measures are required.

3.3.9 Wildfire
The project site and adjacent areas are not located in a State Responsibility Area for fire service that is mapped as Very High Fire Hazard Severity Zone (VHFHSZ) by the California Department of Forestry and Fire Protection (CAL FIRE). The southern edge of the site and areas to the west and south of the site are located within a Moderate Fire Hazard Severity Zone – Local Responsibility Area (LRA) as mapped by the County of Marin (refer to Figure 4.18‐1 of the San Rafael General Plan). No part of the proposed project site or its vicinity is labeled by the County of Marin as a Very High Fire Hazard Severity Zone.

The project site is a generally level infill site in an urban area, and is bound by existing development on all sides. Therefore, the proposed project would not exacerbate wildfire risks and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire. The project would also be required to comply with the California Building Code and the California Fire Code (Section 7) requirements that mandate building materials to meet fire resistant standards to reduce urban wildfire potential. This is a requirement for all construction projects throughout the State. The City has citywide vegetation standards that require all property owners, regardless of Wildland Urban Interface (WUI) status, to maintain vegetation in ways that reduce wildfire risk. San Rafael Municipal Code Section 4.12 applies to both new development and all existing structures. These vegetation standards go above and beyond the minimum State standards relating to vegetation management in and around developed lots and roads.

The project site and the proposed project are not particularly vulnerable to risks from wildfire. The project would not expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death related to wildland fires. There would be no impact.

Findings. The City finds that, based upon substantial evidence in the record as presented in Chapter

6.0, Other CEQA Considerations of the Draft EIR, and in the RTC Document, there is no impact related to wildfire and no mitigation measures are required.

3.3.10 Growth Inducement
The proposed project consists of redevelopment of an infill site (consisting of the existing mall) through demolition, renovation, and new construction with a mix of commercial and residential land uses. As described in Section 4.1, Land Use and Planning of the Draft EIR, the proposed project fits within the overall development assumptions envisioned under the General Plan and assumed in the General Plan EIR, as well as the specific density requirements for the project site. In addition, Phase 1 of the proposed project is specifically identified in the 2023‐2031 Housing Element, which was certified in May 2023 and did not change any of the overall buildout figures from the 2040 General Plan. Therefore, the proposed project would not result in substantial direct or indirect population growth beyond that planned for the city, county, or region, and instead would contribute to the needed and planned for supply of housing, including affordable housing through the provision of up LSA

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P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) 31 to 143 below market rate units (approximately 10 percent of the total residential units in compliance with the City’s inclusionary housing requirements).

Additionally, the proposed project would consist of redevelopment of an existing urbanized site and would not require extension of utilities or roads into undeveloped areas or directly or indirectly lead to development of greenfield sites.5 Although the existing Northgate Trunk Sewer line downstream of the project site would be required to be upsized to serve the proposed project (Mitigation Measure UTL‐1), approximately 58 percent of the larger pipe’s capacity would accommodate the proposed project development, and the remainder would accommodate existing development within the project area. Thus, enlarging the pipe would not facilitate new, unplanned population growth in the project area. Due to the location of the project site and the presence of existing uses on and in the vicinity of the site, development of the proposed project would not induce unplanned growth in the area. Therefore, the growth that would occur as a result of the proposed project would not be substantial or adverse.

Findings. The City finds that, based upon substantial evidence in the record as presented in Chapter

6.0, Other CEQA Considerations of the Draft EIR, there is no impact related to growth inducement and no mitigation measures are required.

4.0 FINDINGS REGARDING ALTERNATIVES
The analysis of alternatives to the project is found in Section 5.0 of the Draft EIR. Based on the analysis and the entire record, the City finds as follows:

4.1 NO PROJECT ALTERNATIVE
The "No Project" alternative, required to be evaluated in the EIR, considers "existing conditions…as well as what would be reasonably expected to occur in the foreseeable future if the project were not approved, based on current plans and consistent with available infrastructure and community services" [CEQA Guidelines Section15126.6(e)(2)].

Under the No Project Alternative, the project site would continue to be occupied by the existing Northgate Mall. A total of approximately 2,190 persons could be employed on the project site at full occupancy, though this would continue to fluctuate based on market conditions.

Finding: The City finds that the No Project Alternative would avoid all of the construction‐related impacts of the proposed project. Full occupancy of the Northgate Mall with commercial uses would result in more vehicle trips compared to operation of the proposed project, with resulting air pollutant and greenhouse gas (GHG) emissions. No mitigation measures would be required for the No Project Alternative; however, the No Project Alternative would not achieve any of the objectives of the proposed project. The No Project Alternative would not redevelop the Northgate Mall site with a mix of residential and commercial uses and under current economic conditions it is 5 Generally, “greenfield sites” are those that are not previously developed or graded and remain in a natural state.

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32 P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) anticipated that the site would continue to be underutilized; therefore, the City finds this alternative to be infeasible pursuant to CEQA Guidelines Section 15091(a)(1).

4.2 REDUCED DEVELOPMENT ALTERNATIVE
Under the Reduced Development Alternative, only Phase 1 (also referred to as the 2025 Master Plan) of the proposed project, as described in the Draft EIR and Chapter 2.0, Revised Project of the RTC Document, would be implemented. Phase 1 would consist of demolition of the two vacant retail buildings (Sears Auto Center and Sears Seasonal) totaling 28,500 square feet on the southern portion of the project site. Phase 1 of the proposed project also would include demolition of the RH Outlet building, the HomeGoods building, and Mall Shops East, which is approximately 144,432 square feet of the main building. A total of 44,380 square feet of new commercial space would also be constructed, resulting in a total of 501,941 square feet of commercial space.

This alternative envisions development of only Phase 1, as described in Chapter 2.0 of the RTC Document; therefore, development under this alternative includes the construction of 864 residential units. Of these, 138 would be townhomes and 726 would be apartments. Compared to the proposed project, this alternative reduces the overall number of units developed on‐site by 558 units. The Revised Project distributed affordable dwellings throughout the project site, with 87 affordable units to be developed in Phase 1. As this alternative only envisions development of Phase 1, compared to the proposed project, 56 fewer affordable units would be developed under this alternative. It is estimated that Phase 1 would result in a reduction in employees from approximately 2,190 to 1,423.

Finding: The City finds that the Reduced Development Alternative would slightly reduce the proposed project’s less than significant (including less than significant with mitigation) impacts related to air quality, energy, and noise for the proposed project due to the reduced construction and operation intensity,, but would not eliminate the construction‐related noise impacts or the need for construction‐period mitigation measures. The Reduced Development Alternative would also slightly decrease the volume of GHG emissions and the amount of operational noise emanating from heating, ventilation, and air conditioning (HVAC) equipment on‐site but would not reduce these impacts to a less than significant levels. Specifically, the Reduced Development Alternative would not reduce or avoid the significant and unavoidable impact related to greenhouse gas emissions (Impact GHG‐1) because, similar to the proposed project, natural gas would be used in the commercial kitchens. Additionally, operation‐period noise levels could exceed the City’s land use compatibility thresholds and, because the efficacy of the identified mitigation measures cannot be confirmed, this impact (Impact NOI‐1) would also be significant and unavoidable.

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P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) 33 revenues are generated by a limited number of large tenants, which represents a lack of economic diversity and stability. With only the development of Phase 1, this alternative retains the current mix of large tenants on the Phase 2 portion of the site, depriving the City of the opportunity to maintain a strong, diverse, and more sustainable tax base. The retention of existing commercial uses further denies the development, residents, and City of the full mix and variety of desired and relevant locally owned and large‐scale commercial, dining, and retail options provided by the proposed project.

Therefore, the Reduced Development Alternative does not fully result in the revitalization of the declining Northgate Mall into the mixed‐use development envisioned in the General Plan for the North San Rafael Neighborhood. This Alternative would partially satisfy the identified project objectives detailed in Chapter 3.0, Project Description of the Draft EIR, although to a lesser extent due to a reduction in the number of residential units provided and the retention of the existing commercial inventory of larger and less diverse uses. Therefore, because the Reduced Development Alternative would not reduce or avoid the significant and unavoidable environmental effects of the project and it would provide fewer housing units and a less diverse mix of uses on the site than the proposed project, the City finds this alternative to be infeasible pursuant to CEQA Guidelines Section 15091(a)(1).

4.3 REDUCED RESIDENTIAL ALTERNATIVE
Under the Reduced Residential Alternative, the total number of residential units would decrease by 63 units compared to the Revised Project identified in Section 2.0 of the RTC Document, for a total of 1,359 units6 at buildout and a resulting residential population of 3,384. The reduction in the number of units would occur during implementation of Phase 1, with development of 801 residential units. With the exception of the reduction in residential unit count and mix, all other elements of the Phase 1 2025 Master Plan and Phase 2 2040 Vision Plan proposed by the project sponsor would occur. At full buildout, the Reduced Residential Alternative would include a total of up to 219,380 square feet of commercial space and up to 1,359 residential units, including 136 below market rate units set aside for low‐income households. The below market rate units would be constructed throughout the project site and in compliance with Section 14.16.030 of the San Rafael Municipal Code.

Finding: The City finds that the Reduced Residential alternative would slightly reduce the proposed project’s less than significant impacts related to air quality, energy, and noise for the proposed project due to the reduced operational intensity and reduction in vehicle trips associated with fewer residential units, but would not eliminate any of the required construction‐ or operation‐period mitigation measures. The Reduced Residential Alternative would also slightly decrease the volume of GHG emissions and the amount of operational noise emanating from HVAC equipment on‐site but would not reduce these impacts to a less than significant levels. Specifically, the Reduced 6 The Reduced Residential Alternative would implement a reduction in units from the Revised Project identified in Section 2.0 of the RTC Document. The Revised Project envisions 864 units (138 townhomes and 726 apartments) in Phase 1, and 558 apartments in Phase 2, a total of 1,422 units overall. The 63 unit reduction under the Reduced Residential Alternative would come in Phase 1; therefore, under this alternative residential development would be 801 units (864‐63) in Phase 1 and 558 units in Phase 2, for a total of 1,359 units overall.

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34 P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) Residential Alternative would not reduce or avoid the significant and unavoidable impact related to greenhouse gas emissions (Impact GHG‐1) because, similar to the proposed project, natural gas would be used in the commercial kitchens. Additionally, operation‐period noise levels could exceed the City’s land use compatibility thresholds and, because the efficacy of the identified mitigation measures cannot be confirmed, this impact (Impact NOI‐1) would also be significant and unavoidable.

A primary objective of the project is the provision of residential capacity to contribute to meeting the City’s RHNA requirement for 2021‐2029. While the Reduced Development Alternative would develop 1,359 residential units on the site, it would not contribute housing at the same level as the proposed project (which accounts for 44.1 percent of the City’s RHNA). Furthermore, this alternative would not fully realize the potential of the site to meet regional and housing needs that is in close proximity to public transit (as recognized by the site’s designation as a Priority Development Area by the City and ABAG). Therefore, the Reduced Residential Alternative would partially satisfy the identified project objectives detailed in Chapter 3.0, Project Description of the Draft EIR, although to a lesser extent due to a reduction in the number of residential units provided. Therefore, because this Alternative would not reduce or avoid the significant and unavoidable environmental effects of the project and it would provide fewer housing units, the City finds this alternative to be infeasible pursuant to CEQA Guidelines Section 15091(a)(1).

5.0 FINDINGS WITH RESPECT TO MITIGATION OF SIGNIFICANT ADVERSE

IMPACTS, AND ADOPTION OF MITIGATION MONITORING PROGRAM
Based on the entire record before the City and having considered the unavoidable significant impacts of the project, the City hereby determines that all feasible mitigation within the responsibility and jurisdiction of the City and that can be feasibly implemented by the project sponsor has been adopted to reduce or avoid the potentially significant impacts identified in the Final EIR, and that no additional feasible mitigation is available to further reduce significant impacts.

The feasible mitigation measures are discussed in Section 3.1 and 3.2, above, and are set forth in the Mitigation Monitoring and Reporting Program (MMRP).

Section 21081.6 of the Public Resources Code requires the City to adopt a monitoring or compliance program regarding the changes in the project and mitigation measures imposed to lessen or avoid significant effects on the environment. The MMRP for the Northgate Mall Redevelopment Project is hereby adopted by the City to fulfill the CEQA mitigation monitoring requirements:
 The Mitigation Monitoring and Reporting Program is designed to ensure compliance with the changes in the project and mitigation measures imposed on the project during project implementation; and
 Measures to mitigate or avoid significant effects on the environment are fully enforceable through conditions of approval, permit conditions, agreements, or other measures.

The City reserves the right to make amendments and/or substitutions of mitigation measures if the City determines that the amended or substituted mitigation measure will mitigate the identified LSA

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P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24) 35 potential environmental impacts to at least the same degree as the original mitigation measure, and where the amendment or substitution would not result in a new significant impact on the environment which cannot be mitigated.

6.0 STATEMENT OF OVERRIDING CONSIDERATIONS
CEQA requires the decision‐making agency to balance, as applicable, the economic, legal, social, technological or other benefits of the project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological or other benefits of the project outweigh the unavoidable adverse environmental effects, those effects may be considered "acceptable" (CEQA Guidelines 15093(a)). CEQA requires the agency to state, in writing, the specific reasons for considering a project acceptable when significant impacts are not avoided or substantially lessened. Those reasons must be based on substantial evidence in the Final EIR or elsewhere in the administrative record (CEQA Guidelines 15093(b)).

In accordance with the requirements of CEQA and the CEQA Guidelines, the City finds that the mitigation measures identified in the Final EIR and the Mitigation Monitoring and Reporting Program (MMRP), when implemented, will avoid or substantially lessen many of the significant effects identified in the Final EIR for the Northgate Mall Redevelopment Project. However, significant impacts to Greenhouse Gas Emissions and Noise are unavoidable even after incorporation of all feasible mitigation measures. The Final EIR provides detailed information regarding these impacts.

The City finds that all feasible mitigation measures identified in the Final EIR that are within the purview of the City would be implemented with the project. As identified below, the City further finds that the remaining significant unavoidable effects are outweighed and are found to be acceptable due to the following specific overriding economic, legal, social, technological, or other benefits, based upon the facts set forth above, the Final EIR, and the record.

The City finds that any one of the benefits set forth below is sufficient by itself to warrant approval of the project. This determination is based on the findings herein and the evidence in the record.

The following economic, legal, social, or technological benefits, independent of the other benefits, override the potential significant unavoidable adverse impacts and render acceptable each of the unavoidable adverse environmental impacts. Having balanced the unavoidable adverse environmental impacts against each of the benefits, the City hereby adopts this Statement of Overriding Considerations for the following reasons:
 All feasible mitigation measures have been imposed to lessen project impacts to less than significant levels; alternatives to the project are rejected because while they have similar or slightly reduced environmental impacts, they provide reduced level of fiscal benefits, or are otherwise socially or economically less desirable when compared to the project. Additionally, none of the project alternatives would avoid or substantially reduce the significant unavoidable impacts of the project.

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36 P:\CSR2001.03 Northgate\PRODUCTS\Findings\Northgate Findings_Final 102124.docx (10/21/24)  The project will implement the San Rafael General Plan 2040 vision for mixed use, transit‐ oriented development, and high‐density housing on the project site; and is consistent with City’s General Plan intent7 to:
○ Support new housing and promote the innovative mix of housing types; ○ Encourage opportunities for new housing in commercial districts; ○ Promote higher density housing near transit and along bus lines; and ○ Emphasize inclusive housing opportunities for all segments of the community.  The project will implement the City’s and regional agencies’ designation of the project site as the Northgate Priority Development Area, an area identified by the City and the Association of Bay Area Governments (ABAG) as a place where development can help meet both local and regional housing needs in close proximity to convenient public transit service;  The project will redevelop the existing mall facility into a mixed‐use center with a relevant mix of commercial and retail offerings to support the local economy and provide tax revenues and employment opportunities;
 Development of the site will create new housing to satisfy the needs of residents of various economic levels to satisfy the Regional Housing Needs Assessment (RHNA) allocation identified in the City’s 2023‐2031 Housing Element;
 The provision of 1,422 dwelling units proposed represents 44.1 percent of the City’s total Regional Housing Needs Allocation (RHNA) for the 2023‐2031 cycle. As the City has not previously met its RHNA target (only 388 of 1,007 of the allocated units [38.5 percent] were permitted during the first seven years of the 2015‐2023 cycle), the proposed project would better ensure the provision of housing sufficient to meet the City’s RHNA allocation.  The project will create a publicly‐accessible town center/urban village through a combination of retail, dining, and residential uses within a pedestrian‐oriented urban core; and  The project will provide new publicly‐accessible outdoor amenities and open spaces, street improvements, and recreational opportunities interconnected by pedestrian links throughout the project.
7 San Rafael. City of. Table 1.2, 2023‐2031 Housing Element.

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MITIGATION MONITORING AND REPORTING PROGRAM
This Draft Mitigation Monitoring and Reporting Program (MMRP) is formulated based upon the findings of the Final Environmental Impact Report (EIR) prepared for the proposed Northgate Mall Redevelopment (project). The MMRP, found in Table 1 below, lists mitigation measures recommended in the EIR prepared for the proposed project and identifies mitigation monitoring and implementation requirements.

This MMRP has been prepared to comply with the requirements of the California Environmental Quality Act (CEQA)(Public Resources Code Section 21081.6), which requires Lead Agencies making CEQA findings related to approval of a project for which an EIR was prepared/certified to adopt an MMRP when mitigation measures are required to avoid significant impacts. The MMRP is intended to ensure compliance with the mitigation measures identified in the EIR during implementation of the project.

The MMRP is organized in a matrix format. The first two columns of Table 1 identify the potential impacts and corresponding mitigation measures. The third column, entitled, “Applicable Phase” describes the phase in which the mitigation measure will be implemented. The fourth column, entitled “Timeframe for Implementation,” refers to when monitoring will occur to ensure that the mitigating action is completed. The fifth column, entitled “Responsibility for Implementation,” refers to the party responsible for implementing the mitigation measure. The sixth column, entitled, “Oversight of Implementation,” refers to the party responsible for oversight or ensuring that the mitigation measure is implemented.

EXHIBIT B
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4.4 CULTURAL RESOURCES
Impact CUL-1: Project ground
disturbance has the potential to
unearth significant
archaeological deposits or
resources, resulting in a
potential substantial adverse
change on historical resources,
as defined in State CEQA
Guidelines Section 15064.5.

CUL-1a, Preparation of a Cultural Resources
Monitoring Plan. Prior to issuance of a grading permit
or building permit, the project sponsor shall retain an archaeologist that meets the Secretary of the
Interior's Professional Qualifications Standards in
archaeology to prepare a Cultural Resources
Monitoring Plan in consultation with the Federated
Indians of Graton Rancheria (Graton Rancheria). The
Cultural Resources Monitoring Plan shall include (but
not be limited to) the following components for
archaeological and Native American monitoring:
 Person(s) responsible for conducting archaeological
monitoring
 Person(s) responsible for Native American
monitoring
 Procedures for notification in the event of the
identification of cultural resources, as well as
methods for treatment of such resources (e.g.,
documentation, collection, identification,
repatriation)
 Methods of protection for cultural resources,
including items such as protective fencing, security,
and protocol for notifying local authorities (i.e., law enforcement) should looting or other resource
damage occur
The Cultural Resources Monitoring Plan shall include a
stipulation that, if significant archaeological or tribal cultural resources are identified, all work shall stop
immediately within 100 feet of the resource(s). The
Cultural Resources Monitoring Plan shall also include a stipulation that, during the course of the monitoring,
the frequency of archaeological and Native American
monitoring may be reduced from full-time to parttime based on the conditions and only if Graton Rancheria and the qualified archaeologist agree.

Phase 1 and
Phase 2.

The Cultural
Resources
Monitoring Plan
shall be
prepared prior to
the issuance of
grading or
building permits
City approved
qualified
archaeologist
retained by the
project sponsor
City of San Rafael
Community
Development
Department,
Planning Division
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OCTOBER 2024
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Oversight of
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CUL-1b, Cultural Resources and Tribal Cultural
Resources Sensitivity WEAP Training. Prior to
issuance of a building permit, grading permit, or
demolition permit involving any potential grounddisturbing activity (e.g., building foundation removal), all personnel involved in project-related grounddisturbing activities (e.g., on-site construction managers, backhoe operators) shall be required to
participate in a cultural resources and tribal cultural resources sensitivity and awareness training program
(Worker Environmental Awareness Program [WEAP]).

The WEAP shall be developed by an archaeologist that
meets the Secretary of the Interior's Professional
Qualifications Standards in archaeology, in
consultation with input from Graton Rancheria.

The WEAP training shall be conducted before any
project-related ground-disturbing activities (including building foundation removal) begin at the project site.

The WEAP will include relevant information regarding
sensitive cultural resources and tribal cultural
resources, including applicable regulations, protocols
for avoidance, and consequences of violating State
laws and regulations. The WEAP will also describe
appropriate avoidance and impact minimization
measures for cultural resources and tribal cultural
resources that could be located at the project site and will outline what to do and who to contact if any
potential cultural resources or tribal cultural resources are encountered. The WEAP will emphasize the
requirement for confidentiality and culturally
appropriate treatment of any discovery of significance
to Native Americans and will discuss appropriate
behaviors and responsive actions, consistent with
Native American tribal values.

The WEAP training shall be presented by an
archaeologist and a representative from Graton
Rancheria. The project sponsor shall maintain a record
Phase 1 and
Phase 2.

The WEAP shall
be developed
prior to issuance
of building,
grading, or
demolition
permits
Completion of
WEAP training by
construction
personnel shall
occur prior to
involvement in
any ground
disturbance
activities
Maintenance of
WEAP training
records
throughout the
duration of
construction and
submittal of
WEAP training
record to the
City prior to
issuance of
certificate of
occupancy
City approved
qualified
archaeologist
retained by the
project sponsor
City of San Rafael
Community
Development
Department,
Planning Division
and Building
Division
LSA
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NORTHGATE MALL REDEVELOPMENT P ROJECT

WEAP training recipient records shall be maintained
by the project sponsor throughout the duration of
construction. A final WEAP training recipient record
shall be submitted to the City of San Rafael prior to
issuance of a certificate of occupancy.

CUL-1c, Archaeological Monitoring and Resource
Protection. Archaeological monitoring shall be
required during initial ground-disturbing activities of sediments on the project site (including building
foundation removal). For example, archaeological
monitoring shall not be required during excavation of
sediments that have been previously monitored by an
archaeologist. Any excavations that extend below
sediments that were previously monitored shall be
subject to archaeological monitoring.

Monitoring procedures shall follow the Cultural
Resources Monitoring Plan prepared under Mitigation
Measure CUL-1. Construction crews shall stop all work
within 100 feet of any archaeological discovery until
an archaeologist that meets the Secretary of the
Interior's Professional Qualifications Standards in
archaeology can assess the previously unrecorded
discovery and provide recommendations. Resources
could include subsurface historic-period features such
as artifact-filled privies, wells, and refuse pits, and artifact deposits, along with concentrations of adobe,
stone, or concrete walls or foundations, and
concentrations of ceramic, glass, or metal materials.

Native American archaeological materials could
include obsidian and chert flaked stone tools (such as
projectile and dart points), midden (culturally derived darkened soil containing heat-affected rock, artifacts, animal bones, and/or shellfish remains), and/or
groundstone implements (e.g., mortars and pestles).

NORTHGATE MALL REDEVELOPMENT P ROJECT

S AN R AFAEL , C ALIFORNIA

MITIGATION MONITORING AND REPORTING P ROGRAM
OCTOBER 2024
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4.5 TRIBAL CULTURAL RESOURCES
Impact TCR-1: Project ground
disturbance has the potential
to disturb, damage, or
degrade either a tribal cultural
resource or the contextual
setting of such a resource,
resulting in a substantial loss
of the resource’s cultural value
as determined in consultation
with the Federated Indians of
Graton Rancheria.

TCR-1a, Native American Monitoring. Native
American monitoring by a representative of the
Federated Indians of Graton Rancheria (FIGR) shall be
required during all initial ground-disturbing activities on the project site (including building foundation
removal). Any excavations that extend below
sediments that were previously monitored shall be
subject to Native American monitoring.

Monitoring procedures shall follow the Cultural
Resources Monitoring Plan prepared under Mitigation
Measure CUL-1a as described in Section 4.4 of the EIR.

Construction crews shall stop all work within 100 feet
of any tribal cultural resource discovery until the find has been assessed by an archaeologist that meets the
Secretary of the Interior's Professional Qualifications Standards in archaeology and by FIGR. Native
American archaeological materials and tribal cultural
resources could include obsidian and chert flaked
stone tools (e.g., projectile and dart points), midden
(culturally derived darkened soil containing heataffected rock, artifacts, animal bones, and/or shellfish remains), and/or groundstone implements (e.g.,
mortars and pestles).

Phase 1 and
Phase 2
Monitoring shall
occur during
initial ground
disturbing of
sediments that
have not been
previously
monitored
Work shall stop if
discoveries are
made and may
not resume until
a qualified
archaeologist
has assessed the
finds and made
recommendations
City approved
qualified
archaeologist and
other monitors
identified in the
Cultural Resources
Monitoring Plan
(MM CUL-1a)/
construction
contractor
City of San Rafael
Community
Development
Department,
Planning Division
TCR-1b, Survey of Site by Trained Human Remains
Detection Dogs. Prior to the issuance of a grading or
building permit, the project sponsor shall provide
written evidence to the City's Community
Development Department that a consultant has been
retained to conduct a survey of the site using trained
human remains detection dogs with an FIGR tribal
monitor present. The survey shall be performed after
the demolition of structures, structure foundations,
and paved areas but prior to when trenching, grading,
or earthwork on the project site commences. If the
survey results in the identification of an area
potentially containing human remains, the area should
be avoided. If avoidance of such areas is not feasible, Phase 1 and
Phase 2
Written evidence
that the
appropriate
consultant has
been retained
shall be provided
prior to issuance
of grading or
building permits
Surveys shall
occur as
specified
Project sponsor/
construction
contractor
City of San Rafael
Community
Development
Department,
Planning Division
LSA
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If human remains are confirmed, then the procedures
in Mitigation Measure CUL-1c shall be followed.

Avoidance and
testing shall
occur as needed
and according to
the Cultural
Resources
Monitoring Plan

4.6 GEOLOGY AND SOILS
Impact GEO-1: Proposed and
existing improvements could
be damaged due to expansive
soil conditions.

GEO-1, Lining of Bioretention Planters. The project
geotechnical engineer shall review the proposed
bioretention planter designs for the project to
determine whether the designs meet the geotechnical
recommendations regarding lining of stormwater
drainage swales to address expansive soil conditions.

If the project geotechnical engineer indicates that any of the bioretention planters should include bottom
liners to address expansive soil conditions, the
bioretention planter designs shall be modified in
accordance with the geotechnical engineer’s
recommendations. Modifications to bioretention
planter designs shall account for potential increases in stormwater discharges that could occur from lining
the bottoms of planters to ensure that the project
would not increase stormwater discharges compared
to existing conditions at the project site. Such
modifications may include increasing the size/depth of
bioretention planters, adding infiltration devices in
areas that would not adversely affect proposed or
existing improvements, or additional stormwater
retention features such as bioswales or underground
cisterns with metered outlets. The geotechnical
review and potential modifications to project designs
discussed above shall occur prior to the City of San
Rafael (City) issuing grading or building permits for the project.

Phase 1 and
Phase 2
Prior to issuance
of grading or
building permits
Project sponsor/
geotechnical
engineer
City of San Rafael
Community
Development
Department,
Building Division
LSA

NORTHGATE MALL REDEVELOPMENT P ROJECT

S AN R AFAEL , C ALIFORNIA

MITIGATION MONITORING AND REPORTING P ROGRAM
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Implementation
Impact GEO-2: Placement of
new loads on the project site,
vibration-generating
construction activities, and
excavation and dewatering
activities could result in
subsidence, settlement, or
differential settlement and
could adversely affect the
proposed and existing
structures and other
improvements.

GEO-2, Preparation of a Design-Level Geotechnical
Report. The project sponsor shall define the extent of
engineered fill that would be placed on the project
site and extent of excavation that would occur for
subsurface parking structures in the project plans. The project sponsor shall hire a qualified Geotechnical
Engineer to prepare a design-level geotechnical report
for the project that shall include the following:
 A design-level analysis of total and differential
settlement that may occur for shallow foundations
installed over areas of ground improvement, if
ground improvement would be performed. This
analysis must be based on site-specific design
recommendations for ground improvement
prepared in accordance with the recommendations
of the 2021 Geotechnical Investigation for the
project.
 A design-level analysis of potential total and
differential settlement associated with the
placement of defined amounts of fill material,
ground improvement activities, construction of
other improvements, and dewatering activities on
the project site. The settlement analysis shall
define buffer distances away from construction
activities within which settlement could occur as a
result of the project and shall describe the
settlement amounts that could occur within these
buffer distances.
 Allowable settlement estimates for planned and
existing improvements both on the project site and
within the buffer distances described above that
shall account for estimated settlement amounts
developed for existing and planned improvements
on surrounding properties.
 Recommendations to minimize the amounts of
subsidence/settlement and differential settlement
that would result from the project (e.g., minimizing
Phase 1 and
Phase 2
The project plans
and design-level
geotechnical
report shall be
submitted and
approved prior
to issuance of
grading or
building permits
Any damage
repair shall be
performed prior
issuance of a
certificate of
occupancy
Project sponsor/
geotechnical
engineer
City of San Rafael
Community
Development
Department,
Building Division
LSA
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Oversight of
Implementation
placement of fill, use of lightweight fill, and shoring systems that would limit the movement of adjacent
improvements and minimize the amount of
excavation dewatering required, such as
interlocking sheet piles or soil-cement cut-off
walls).
 Recommendations to mitigate potential damage to
proposed and existing improvements (e.g.,
structures, pavement surfaces, roadways,
underground parking structure, and utilities), both
on and off the project site, that could result from
settlement of existing unstable soil on and near the
project site as a result of the project. Such
recommendations could include installation of
bracing/underpinning, installation of flexible utility
couplings, or relocation of utilities.

LSA

NORTHGATE MALL REDEVELOPMENT P ROJECT

S AN R AFAEL , C ALIFORNIA

MITIGATION MONITORING AND REPORTING P ROGRAM
OCTOBER 2024
10 P:\CSR2001.03 Northgate\PRODUCTS\MMRP\Northgate MMRP_101824.docx (10/18/24) If the settlement analysis indicates that existing offsite improvements could be adversely affected by settlement as a result of the project, a preconstruction survey (e.g., crack survey) and settlement monitoring program shall be developed
and implemented before and during construction
for existing improvements that may be affected by
the project. This survey shall be used as a baseline
to evaluate any damage claims and also to assist
the contractor in assessing the performance of
shoring systems. The pre-construction survey shall
record the elevation and horizontal position of all
existing installations within the buffer distance
determined by the settlement analysis as described
above, and shall consist of, but not be limited to,
photographs, video documentation, and
topographic surveys. The settlement monitoring
program shall include installation of inclinometers
and groundwater monitoring wells within a
distance of 5 to 15 feet from excavations for belowgrade parking and toward existing improvements.

Settlement surveys shall be performed on a weekly
basis during excavation for below-grade parking
and on a monthly basis starting approximately 1
month after the excavation has been completed
and continuing for a period of at least 2 years after
the completion of construction activities (or other
frequency and duration as recommended by the
Geotechnical Engineer of Record).

The project plans and design-level geotechnical report
shall be submitted to the City for review and approval
prior to the City issuing grading or building permits.

The project sponsor shall repair damages to existing or planned improvements if settlement monitoring
identifies obvious damage or exceedance of allowable
settlement amounts. The repair of damage shall be
performed prior to the City issuing a certificate of
occupancy for the project.

LSA
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GEO-3, Paleontological Resource Protection. Before the
start of any excavation activities, the project sponsor shall retain a qualified paleontologist, as defined by
the Society of Vertebrate Paleontology (SVP), who is
experienced in training construction personnel
regarding paleontological resources. The qualified
paleontologist shall train all construction personnel
who are involved with earthmoving activities,
including the site superintendent, regarding the
possibility of encountering fossils, the appearance and types of fossils that could be seen during construction, and proper notification procedures should fossils be
encountered. Should any paleontological resources be
encountered during construction activities, all grounddisturbing activities within 50 feet of the find shall cease, and the City and project sponsor shall be
notified immediately. The project sponsor shall
immediately notify the qualified paleontologist and
request that they assess the situation per SVP
standards, consult with agencies as appropriate, and
make recommendations for the treatment of the
discovery if found to be significant. If construction
activities cannot avoid the paleontological resources,
adverse effects to paleontological resources shall be
mitigated. Mitigation may include monitoring,
recording the fossil locality, conducting data recovery and analysis, preparing a technical report, and
providing the fossil material and technical report to a paleontological repository, such as the University of
California Museum of Paleontology. Public educational
outreach may also be appropriate. Upon completion
of the assessment, a report documenting methods,
findings, and recommendations shall be prepared and
submitted to the City for review.

Phase 1 and
Phase 2
The qualified
paleontologist
shall be retained
by the project
sponsor and
training of
construction
personnel shall
occur prior to
the start of
excavation
activities
Avoidance,
assessment,
consultation,
treatment, and
reporting
measures shall
be implemented
throughout the
duration of
construction and
in the event of
paleontological
resources
discovery
Project
paleontologist/
construction
contractor
City of San Rafael
Community
Development
Department,
Planning Division

4.7 HYDROLOGY AND WATER QUALITY
Impact HYD-1: Project
dewatering could result in the
migration of potential off-site
HYD-1, Prevent Potential Groundwater
Contamination Migration. The project sponsor shall
coordinate with the appropriate regulatory agency
Phase 1 and
Phase 2
Identification of
and coordination
with the
Project sponsor The RWQCB or
other appropriate
oversight agency
LSA

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Implementation
groundwater contamination
towards the project site.
(most likely the Regional Water Quality Control Board
([RWQCB]) to evaluate whether groundwater beneath
the shopping center adjacent to the eastern perimeter
of the project site has been contaminated by a release
of hazardous materials. If groundwater contamination
is identified at this off-site property, the project
sponsor shall evaluate whether proposed dewatering
activities could result in migration of off-site
groundwater contamination to areas that were not
previously contaminated. This evaluation shall include
the following:
 A detailed analysis of soil formations that would be
affected by excavation and dewatering activities,
including an analysis of hydraulic conductivity
through potential preferential pathways, including
the buried former creeks and drainage ditch on and
adjacent to the project site;
 A detailed description of proposed excavation
shoring and dewatering systems, including
dewatering locations, flow rates, and durations that
would be required based on the soil formations
present; and
 Hydraulic modeling to demonstrate potential
changes to groundwater conditions, including
changes in groundwater levels and flow directions,
and potential movement of contaminated
groundwater.

If the evaluation indicates that project dewatering
could result in migration of off-site groundwater
contamination to previously uncontaminated areas,
the proposed excavation shoring and dewatering
system design shall be modified as necessary to
ensure that project dewatering would not result in the
migration of off-site groundwater contamination. Such
modifications to the proposed shoring systems could
include the use of interlocking sheet piles or soilcement cut-off walls that can reduce dewatering appropriate
oversight agency
shall occur prior
to dewatering
activities
Prior to the
issuance of
permits for
dewatering,
excavation,
and/or shoring
activities, submit
evidence to the
City that the
dewatering
evaluation and
associated
activities have
been approved
by the
appropriate
agency
for dewatering
evaluation
For issuance of
permits for any
excavation of
dewatering
activities, the City
of San Rafael
Community
Development
Department,
Building Division
LSA
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NORTHGATE MALL REDEVELOPMENT P ROJECT

Impact HYD-2: The increase in
water supply demand due to
the project could potentially
interfere with sustainable
management of groundwater
in the Santa Rosa Plain
Subbasin.

HYD-2, Water Supply Coordination. The Water Supply
Assessment (WSA) prepared for the project shall be
provided to Sonoma Water for review so that Sonoma
Water can account for the increased water supply
demand that would be generated by the project in
their groundwater management efforts to maintain
sustainable management of the Santa Rosa Plain
Subbasin.

Phase 1 Prior to issuance
of grading
permits
City of San Rafael
Community
Development
Department,
Planning Division
City of San Rafael
Community
Development
Department,
Building Division
Impact HYD-3: The 100-year
storm runoff from the project
site could exceed the capacity
of proposed stormwater
infrastructure and result in
flooding on the project site
and surrounding roadways.

HYD-3, Hydraulic Modeling. The project sponsor shall
hire a qualified Civil Engineer to perform hydraulic
modeling to evaluate the 100-year storm event
hydraulic grade line water elevations on the project
site under proposed project conditions. The qualified
Civil Engineer shall coordinate with the City to
determine the estimated sea level rise amount that
shall be used in the hydraulic modeling. The
evaluation shall account for contribution of runoff
from the project site and surrounding properties
(including reasonably foreseeable projects identified
by the City) into public roadways. If the evaluation
demonstrates that the 100-year storm event could
result in on-site flooding above the minimum of 1 foot
of freeboard from the finished floor elevations on the
project site or that runoff from the project site could contribute to increased flooding in off-site areas
(including roadways), the project shall incorporate
additional stormwater retention systems (e.g., swales,
retention ponds, or cisterns with metered outlets)
and/or additional stormwater conveyance systems
into the project design to ensure that stormwater
Phase 1 Prior to issuance
of grading or
building permits
Project
sponsor/qualified
civil engineer
City of San Rafael
Public Works
Department and
Community
Development
Department,
Building Division
LSA

NORTHGATE MALL REDEVELOPMENT P ROJECT

S AN R AFAEL , C ALIFORNIA

MITIGATION MONITORING AND REPORTING P ROGRAM
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Implementation
runoff from the project would not result in on-site
flooding or contribute to increased off-site flooding.

The results of the hydraulic modeling and any changes
to the project’s stormwater management system
designs shall be submitted to the City for review and
approval prior to the issuance of grading or building
permits.

4.8 HAZARDS and HAZARDOUS MATERIALS
Impact HAZ-1: Demolition or
renovation activities may
result in the release of PCBs
into the environment.

HAZ-1, Hazardous Building Materials Survey. Prior to
issuance of demolition or renovation permits for
existing structures, the project sponsor shall perform a comprehensive Hazardous Building Materials Survey
(HBMS) for the structures to be affected, which shall
be prepared and signed by a qualified environmental
professional, documenting the presence or lack
thereof of polychlorinated biphenyls (PCBs) containing
equipment and materials, and any other hazardous
building materials. The testing for PCBs shall include, but not be limited to, sampling of hydraulic oil in
elevator equipment at the former Sears facilities, and
sampling of stained concrete near existing and former
hydraulic elevator and lift equipment at the former
Sears facilities. The location of the vault that
contained the transformer oil leak in 1997 shall be
identified through coordination with representatives
of the project site, research of building plans, and/or by requesting such information from the Pacific Gas
and Electric Company (PG&E); sampling of concrete
for PCBS shall be performed in this vault. If the
location of the transformer that leaked oil in 1997
cannot be identified, PCB sampling shall be performed
at all concrete vaults that could potentially have been affected by a transformer oil release. The HBMS shall
include abatement specifications for the stabilization
and/or removal of the identified hazardous building
materials in accordance with all applicable laws and
regulations. The project sponsor shall implement the
abatement specifications and shall submit to the City
Phase 1 and
Phase 2
Prior to the
issuance of
demolition or
renovation
permits, submit
evidence of
completion of
the HBMS
Provide evidence
to the City of any
required
abatement that
has been
completed per
the
specifications
detailed in the
HBMS prior to
the start of
demolition or
renovation
activities
Project sponsor City of San Rafael
Community
Development
Department,
Planning and
Building Divisions
LSA
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Impact HAZ-2: Subsurface
hazardous materials may be
released into the environment
during construction and
operation of the project.

HAZ-2, Soil and Groundwater Management Plan. The
project sponsor shall engage with the appropriate
regulatory agency (e.g., the San Francisco Bay Regional Water Quality Control Board [RWQCB] or Department
of Toxic Substances Control [DTSC]) to provide
oversight of additional subsurface investigation at the project site, preparation and implementation of a Soil
and Groundwater Management Plan (SGMP), and the
implementation of remedial actions, as necessary, at
the project site. The additional subsurface
investigation activities shall include additional
investigation of potential contamination source areas
to define the extent of subsurface contamination at
the project site. The additional subsurface
investigation activities shall include analysis of PCBs in soil and groundwater near areas of former and
existing hydraulic elevators and lifts and the
transformer that leaked oil in 1997. The SGMP shall
outline soil and groundwater management protocols
that would be implemented during redevelopment of
the project site to ensure that construction workers,
the public, future occupants, and the environment
would not be exposed to hazardous materials that
may be present in the subsurface of the project site.

The SGMP shall include, at a minimum, the following
procedures to be implemented during construction:
 Health and safety requirements for construction
workers that may handle contaminated soil or
groundwater;
 Guidelines for controlling airborne dust, vapors,
and odors;
 Air monitoring requirements for volatile organic
compounds (VOCs) during construction;
 Regulatory notification requirements if
undocumented contamination or features of
Phase 1 and
Phase 2
Submittal to and
approval by the
appropriate
regulatory
agency of the
SGMP
Prior to the
issuance of
grading or
construction
permits by the
City, submit
evidence the
SGMP has been
approved by the
appropriate
agency and that
the remedial
actions required
have been
completed
and/or
implemented
into project
plans
Project sponsor/
construction
contractor
For review and
approval of the
SGMP, the
appropriate
regulatory
agency.

For issuance of
permits for any
grading or
construction
activity, the City
of San Rafael
Community
Development
Department,
Building Division
LSA

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MITIGATION MONITORING AND REPORTING P ROGRAM
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Oversight of
Implementation
environmental concern (e.g., underground storage
tanks [USTs] or clarifiers/sumps/vaults and
associated piping) are encountered;
 Inspection and sampling protocols for
contaminated soil or groundwater by a qualified
environmental professional;
 Guidelines for groundwater dewatering, treatment,
and disposal to ensure compliance with applicable
regulations/permit requirements; and
 Guidelines for the segregation of contaminated soil,
stockpile management, characterization of soil for
off-site disposal or on-site re-use, and importing of
clean fill material.

The report(s) documenting additional investigation
activities and the SGMP shall be submitted to the
regulatory oversight agency for review and approval
prior to the City issuing demolition or grading permits for the project. Remedial actions that may be required
for the project could include, but would not
necessarily be limited to, removal of hazardous
materials containers/features (e.g., USTs, piping,
clarifiers/sumps/vaults), removal and off-site disposal of contaminated soil or groundwater, in-situ treatment
of contaminated soil or groundwater, or
engineering/institutional controls (e.g., installation of vapor intrusion mitigation systems and establishing
deed restrictions).

If remedial actions are required for the project, the
project sponsor shall submit to the City evidence of
approvals from the regulatory oversight agency for any
proposed remedial action plans prior to the City
issuing demolition, grading, or building permits that
would be required for the remedial action. The project
sponsor shall document the implementation of the
SGMP during construction and the completion of
remedial actions. The project sponsor shall submit to
LSA
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4.9 TRANSPORTATION
Impact TRA-1:

Implementation of the
proposed project would
worsen an existing hazardous
geometric design feature at
the driveway 280 feet north of
Northgate Drive/Thorndale
Drive.

TRA-1, Sight Triangle Maintenance. The project
sponsor shall submit plans showing that vegetation
would be removed from the sight triangle shown on
Plate 2 in the Transportation Impact Study (TIS)
prepared for the proposed project (included as
Appendix F to the Environmental Impact Report [EIR]).

Consistent with the Federal Highway Administration’s
(FHWA) guide on Vegetation Control for Safety (2007),
bushes and shrubs within a motorists’ line of sight
shall be kept under 3 feet in height, and trees and
hanging branches shall be trimmed to a minimum
height of 7 feet. The City’s Community Development
Director, or their designee, shall verify that the project plans show the sight triangle clear of vegetation
consistent with FHWA guidelines prior to the issuance
of any building permits. These conditions shall also be maintained throughout the life of the project.

Phase 1 and
Phase 2
Plans to be
submitted prior
to the issuance
of any building
permits and
vegetation shall
be maintained
throughout the
life of the project
Project sponsor/
maintenance
contractor
City of San Rafael
Community
Development
Department,
Planning Division

4.10 AIR QUALITY
Impact AIR-1: The proposed
project could conflict with
implementation of the San
Francisco Bay Area Clean Air
Plan.

AIR-2, BAAQMD Basic Construction Mitigation
Measures. In order to meet the Bay Area Air Quality
Management District (BAAQMD) fugitive dust
threshold, the following BAAQMD Basic Construction
(Best Management Practice) Mitigation Measures shall
be implemented for all phases of construction:
 All exposed surfaces (e.g., parking areas, staging
areas, soil piles, graded areas, and unpaved access
roads) shall be watered two times per day.
 All haul trucks transporting soil, sand, or other
loose material off site shall be covered.
 All visible mud or dirt tracked-out onto adjacent
public roads shall be removed using wet power
Phase 1 and
Phase 2
Throughout the
construction
period duration
Project applicant/
construction
contractor
City of San Rafael
Community
Development
Department,
Planning Division
and Building
Division
LSA

NORTHGATE MALL REDEVELOPMENT P ROJECT

S AN R AFAEL , C ALIFORNIA

MITIGATION MONITORING AND REPORTING P ROGRAM
OCTOBER 2024
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Responsibility for
Implementation
Oversight of
Implementation
vacuum street sweepers at least once per day. The
use of dry power sweeping is prohibited.
 All vehicle speeds on unpaved roads shall be
limited to 15 miles per hour (mph).
 All roadways, driveways, and sidewalks to be paved
shall be completed as soon as possible. Building
pads shall be laid as soon as possible after grading
unless seeding or soil binders are used.
 Idling times shall be minimized either by shutting
equipment off when not in use or reducing the
maximum idling time to 5 minutes (as required by
California Code of Regulations [CCR] Title 13,
Section 2485, the California Airborne Toxic Control
Measure). Clear signage shall be provided for
construction workers at all access points.
 All trucks and equipment, including their tires, shall be washed off prior to leaving the site.
 All construction equipment shall be maintained and
properly tuned in accordance with manufacturers’
specifications. All equipment shall be checked by a
certified mechanic and determined to be running in
proper condition prior to operation.

A publicly visible sign shall be posted with the
telephone number and person to contact at the City of
San Rafael regarding dust complaints, and the City
staff person shall respond and take corrective action
within 48 hours. The BAAQMD’s phone number shall
also be visible to ensure compliance with applicable
regulations.

Impact AIR 2: Construction of
the proposed project would
generate fugitive dust (PM2.5
and PM10) emissions.

AIR-2, Implement Mitigation Measure AIR-2 Phase 1 and
Phase 2
During all
construction
activities
Project applicant/
construction
contractor
City of San Rafael
Community
Development
Department,
Planning Division
and Building
Division
LSA
19 MITIGATION MONITORING AND REPORTING P ROGRAM
OCTOBER 2024

NORTHGATE MALL REDEVELOPMENT P ROJECT

AIR-3a, Construction Equipment Requirements. Prior
to the commencement of construction activities, the
project sponsor shall require its construction
contractor to demonstrate that all 50 HP or greater
diesel-powered equipment are powered with
California Air Resources Board (CARB)-certified Tier 4
Final engines.

Phase 1 and
Phase 2
Prior to the
commencement
of and
throughout the
duration of
construction
activities
Project sponsor/
construction
contractor
City of San Rafael
Community
Development
Department,
Planning Division
and Building
Division
AIR-3b, Phase 1 Architectural Coatings and Interior
Paints. To address the impact relative to reactive
organic gas (ROG) emissions during Phase 1
construction, all interior paints and other architectural coatings shall be limited to 50 grams per liter or less of volatile organic compounds (VOCs). The project
sponsor’s construction contractor shall procure
architectural coatings from a supplier in compliance
with the requirements of BAAQMD Regulation 8, Rule
3 (Architectural Coatings), that meet the 50 grams per
liter or less VOC content.

Phase 1 Throughout the
duration of
Phase 1
construction
activities
Project sponsor/
construction
contractor
City of San Rafael
Community
Development
Department,
Planning Division
and Building
Division
Impact AIR-4: Construction of
the proposed project would
expose sensitive receptors to
substantial pollutant
concentrations through
exceedance of the
carcinogenic inhalation health
risk threshold.

AIR-4, Implement Mitigation Measure AIR-3a. Phase 1 and Phase 2
Prior to the
commencement
of and
throughout the
duration of
construction
activities
Project sponsor/
construction
contractor
City of San Rafael
Community
Development
Department,
Planning Division
and Building
Division

4.11 GREENHOUSE GAS EMISSIONS
Impact GHG-1: The proposed
project would generate GHG
emissions, either directly or
indirectly, that would have a
significant effect on the
environment.

GHG-1, Natural Gas Prohibition for Recreational Use.

Prior to the issuance of building permits, the project
sponsor shall submit documentation to the City of San
Rafael (City) Planning Department that demonstrates,
to the satisfaction of the City, that natural gas-fired recreational fire pits are not included in the proposed project design.

Phase 1 and
Phase 2.

This measure has
been
incorporated
into the current
project design as
of June 2024 and
is considered
complete.

Project sponsor City of San Rafael
Community
Development
Department,
Planning Division
Impact GHG-2: The proposed
project would generate GHG
emissions, either directly or
GHG-2, Implement Mitigation Measure GHG-1. Phase 1 and
Phase 2.

Prior to the
issuance of
building permits
Project sponsor City of San Rafael
Community
Development
LSA

NORTHGATE MALL REDEVELOPMENT P ROJECT

S AN R AFAEL , C ALIFORNIA

MITIGATION MONITORING AND REPORTING P ROGRAM
OCTOBER 2024
20 P:\CSR2001.03 Northgate\PRODUCTS\MMRP\Northgate MMRP_101824.docx (10/18/24) Environmental Impacts Mitigation Measures Applicable Phase Timeframe for Implementation
Responsibility for
Implementation
Oversight of
Implementation
indirectly, that would have a
significant effect on the
environment.

Department,
Planning Division

4.12 NOISE
Impact NOI-1: Construction of
the proposed project would
result in a significant shortterm increase in ambient
noise levels in the vicinity of
the project site in excess of
the thresholds established in
the City of San Rafael General
Plan or Noise Ordinance.

NOI-1, Sound Barriers. The City of San Rafael (City)
Director of Community Development, or designee,
shall verify prior to issuance of demolition or grading permits that the approved plans require that the
construction contractor implement the following
measures during project construction activities:
 Temporary noise barriers or shrouds shall be
installed (featuring materials and methods of
assembly and installation that yields a sound
transmission class [STC] of 20 or better) near the
operating equipment in a safe, feasible, and
practical manner to break sound paths between it
and the off-site or on-site noise-sensitive receptors
(e.g., single- or multi-family residences) of concern.
 During Phase 1 of construction, the temporary
barriers shall be a minimum of 10 feet tall.
 During Phase 2 of construction, the barriers shall
be a minimum of 11 feet tall.

Phase 1 and
Phase 2
Prior to the
issuance of
demolition or
grading permits
and during
construction
activities
Project sponsor/
construction
contractor
City of San Rafael
Community
Development
Department,
Planning Division
Impact NOI-2: Operation
period noise levels could
exceed the City’s land use
compatibility thresholds for
future on-site sensitive
receptors.

NOI-2, On-Site Noise Compliance Requirements. Prior
to City approval of building permits, the project
sponsor shall include in construction documents for
City review building operation noise control and sound
abatement features or considerations for stationary
equipment during nighttime hours. The
documentation shall include at least the following:
 Equipment sound emission data (or sufficient
engineering data from the manufacturer of
equipment model[s]);
 Architectural renderings and details depicting,
where technically feasible, roof parapets, screens,
walls, or other barriers around mechanical
equipment that may directly or indirectly occlude,
Phase 1 and
Phase 2
Prior to the
issuance of
building permits
Project sponsor/
construction
contractor
City of San Rafael
Community
Development
Department,
Planning Division
LSA
21 MITIGATION MONITORING AND REPORTING P ROGRAM
OCTOBER 2024

NORTHGATE MALL REDEVELOPMENT P ROJECT

The documentation shall demonstrate whether these
measures, or any additional feasible mitigation
measures, will reduce the sound level to below the
established 45 dBA Leq thresholds for on-site sensitive receptors. After City approval, information on
subsequent project design changes, equipment
selections, or construction alterations that
substantially deviate from these noise control and/or
sound abatement details appearing in the
construction documents must be reviewed by a
qualified acoustician and provided to the City with
respect to expected sufficiency of expected
conformance with applicable City noise thresholds or
as otherwise approved by the City.

4.14 UTILITIES AND SERVICE SYSTEMS
Impact UTL-1: The proposed
project would generate
wastewater that would exceed
the capacity of the existing
sewer infrastructure that
serves the project site.

UTL-1: Prior to the issuance of a certificate of occupancy for any of the residential units on the project site, the existing 12-, 15-, and 18-inch-diameter Northgate Trunk Sewer line downstream of the project site shall be
upsized as determined by hydraulic calculations
conducted by the project sponsor in coordination with
the Las Gallinas Valley Sanitary District (LGVSD). The
analysis shall also identify the fair share cost for these improvements attributed to the proposed project. The
certificate of occupancy shall not be issued until the
LGVSD has issued final approval that the required
upgrades have been completed.

Phase 1 and
Phase 2
Prior to the
issuance of a
certificate of
occupancy for
any residential
unit
Project sponsor/
construction
contractor
City of San Rafael
Community
Development
Department,
Planning Division
and LGVSD
Source: Compiled by LSA (2024)
LSA

NORTHGATE MALL REDEVELOPMENT P ROJECT

S AN R AFAEL , C ALIFORNIA

MITIGATION MONITORING AND REPORTING P ROGRAM
OCTOBER 2024
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LSA
GC
P/QP
P/OS
O
P/OS
PD(1635)
HR1.5
PD(1639)
GC
MR3
R7.5-EA
GC
R7.5-EA
R7.5
R7.5
R7.5
PD(1496)
R7.5-EA
O
R7.5-EA
O
R7.5-EA
O
O
PD(1821)
PD(1537)
R10
R7.5-EA
HR1.8
O
HR1.8
O
R7.5-EA
O
GC
P/QP
C/O
C/O
P/OS
O
P/OS
175-060-12
175-060-40
175-060-59
175-060-61
175-060-66
175-060-67
Legend
Theme
Downtown
Duplex
Marine
Mixed Industrial
Multi-Family
Office/Commercial
Parks/Open Space
District
Planned Development
Public/Quasi-Public
District
Right of Way
Single-Family
Residential
Undesignated
Water District
<all other values>
PD
P/QP
PD
P/OS
O
P/OS
PD(1635)
HR1.5
PD(1639)
GC MR3
R7.5-EA
GC
R7.5-EA
R7.5
R7.5
R7.5
PD(1496)
R7.5-EA
O
R7.5-EA
O
R7.5-EA
O
O
PD(1821)
PD(1537)
R10
R7.5-EA
HR1.8
O
HR1.8
O
R7.5-EA
O
GC
P/QP
C/O
C/O
P/OS
O
P/OS
175-060-12
175-060-40
175-060-59
175-060-61
175-060-66
175-060-67
Current Zoning EXHIBIT C Proposed Zoning
-
-
CJ
CJ
D
D
-
Exhibit D
General Plan 2040 Consistency Analysis
Northgate Town Square
4894-1487-3328 v3

LAND USE ELEMENT
Policy LU-1.2: Development Timing For health, safety, and general welfare reasons, new development should only occur when adequate infrastructure is available, consistent with the following findings:
• The project is consistent with adopted Vehicle Miles Traveled (VMT) standards, as well as the requirements for Level of Service (LOS) specified in the Mobility Element.
• Planned circulation improvements necessary to meet City standards for the project have funding commitments and
completed environmental review.
• Water, sanitary sewer, storm sewer, and other infrastructure improvements needed to serve the proposed development have been evaluated and confirmed to be in place or to be available to serve the development by the time it is constructed.
• The project has incorporated design and construction measures to adequately mitigate exposure to hazards, including flooding, sea level rise, and wildfire.

Consistent. As described in detail in Section 4.9, Transportation of the Draft EIR, the project meets the VMT and LOS requirements adopted by the City and the existing circulation network would be adequate to serve the Project. All circulation network improvements necessary to serve the Project have been identified in the Draft EIR and would be constructed as part of the Project. Similarly, as described in Section 4.14, Utilities and Infrastructure of the Draft EIR, all of the infrastructure improvements necessary to serve the Project have been identified in the Draft EIR and would be constructed as part of the Project, including sewer system expansion as identified in Mitigation Measure UTL-1. As described in Sections 4.7, Hydrology and Water Quality, and 4.8, Hazards and Hazardous Materials of the Draft EIR, the Project would not be exposed to risks related to sea level rise or wildfire, and mitigation measures have been identified to reduce potential impacts related to off-site flooding.

Policy LU-1.3: Land Use and Climate Change. Focus future housing and commercial development in areas where alternatives to driving are most viable and shorter trip lengths are possible, especially around transit stations, near services, and on sites with frequent bus service. This can reduce the greenhouse gas emissions associated with motor vehicle trips and support the City’s climate action goals.

Consistent. The Project includes redevelopment of the site with up to 219,380 square feet of renovated and new commercial uses, and the construction of up to 1,422 new residential units on a site that is surrounded by existing services and transportation options. The Project site is located in a central area near transit stations with frequent bus service. The closest bus stops to the project site include Marin Transit Lines 35, 49, 257, and 645, all of which are located adjacent to the Project Site, and Line 71, which is located less than 0.5 mile from the Project Site.

These bus lines provide service within San Rafael and surrounding Marin County cities and communities, including Downtown San Rafael, Novato, Marin City, and the broader Marin County area. Two Golden Gate Transit stops for Lines 54 and 70, which provide service to San Francisco, Novato, Larkspur, and Corte Madera, are also located less than 0.5 mile from the project site. Finally, the Marin Civic Center Sonoma-Marin Area Rail Transit (SMART) station is located approximately 0.4 mile from the project site. SMART provides service from Larkspur to the Sonoma County Airport.

Policy LU-1.8: Density of Residential Development. Use the density ranges in the Land Use Element to determine the number of housing units allowed on properties within the Planning Area. The following provisions Consistent. The proposed 1,422 residential units are within the allowable number of housing units for the Project Site as determined using the density ranges in the Land Use Element. The Project Site has a land use Exhibit D
General Plan 2040 Consistency Analysis
Northgate Town Square
4894-1487-3328 v3
apply:
• The density “range” includes a maximum and minimum. A given General Plan designation may have multiple corresponding zoning districts, including at least one district in which the maximum density may be achieved. Other zoning districts may have maximum densities that are less than the maximum
indicated by the General Plan
• Calculation of allowable units shall be rounded to the nearest whole number. Where the number is less than 0.5, it shall be rounded down. Where the number is 0.5 or greater, it may be rounded up.
• The number of units permitted on a given parcel may be affected by site resources and constraints, potentially hazardous conditions, climate- related factors (sea level rise, fire hazards, etc.), traffic and access
• (including wildfire evacuation constraints), the adequacy of infrastructure, City design policies, and prevailing densities in adjacent areas.
o The maximum net density shown on the General Plan
excludes density bonuses that may be provided for
affordable housing or other community benefits, in
accordance with State law and local policies.
• As required by State law, an accessory dwelling unit (ADU) or junior ADU shall not be counted as a dwelling unit for the purposes of calculating net density
• Areas in the “Downtown Mixed Use” General Plan category shall be exempt from the requirements of this policy and are instead subject to standards defined by the Downtown Precise Plan. designation of Community Commercial Mixed Use, which allows for 21.8 to 43.6 units per net acre and a maximum commercial FAR of 0.3. At full buildout, the proposed project would include 1,422 units across 44.76 acres, for a density of 31.8 units per net acre and a total of approximately 219,380 square feet of commercial space, the FAR would be approximately 0.11, both well within the allowed number of units and FAR.

Program LU-1.8B: Minimum Densities. The net density of new development shall be no less than the lower end of the density range specified by the General Plan for that property.

Policy LU-1.10: Intensity of Non-Residential Development. Use the Floor Area Ratio limits on Figure 3-2 to determine the square footage of building space allowed on properties with non-residential General Plan designations. The following provisions apply:
• As with density, FAR is calculated on a “net” basis, and is based on the area of each parcel excluding streets and easements.

Exhibit D
General Plan 2040 Consistency Analysis
Northgate Town Square
4894-1487-3328 v3
• The maximum FAR stated by the General Plan is not guaranteed.

The square footage permitted on a given parcel may be affected by site resources and constraints, potentially hazardous conditions, climate- related factors (sea level rise, fire hazards, etc.), traffic and access
• (including wildfire evacuation constraints), the adequacy of infrastructure, and City design policies.
• The maximum FARs shown in Figure 3-2 exclude any residential development on the property. In the event that residential uses or mixed use projects are proposed on these sites, the maximum area is the sum of the FAR allowance plus the residential density allowance for the property. This Clause does not apply to Downtown San Rafael, which is regulated by the Downtown Precise Plan.

Policy LU-1.15: Planned Development Zoning. Encourage the use of Planned Development (PD) zoning for development on parcels greater than five acres when the application of traditional zoning standards would make it more difficult to achieve General Plan goals. The PD zoning designation allows flexible design standards that are more responsive to site conditions as well as the transfer of allowable General Plan and zoning density between contiguous sites under common ownership.

Consistent. The Project Site is approximately 44.76 acres in size, and the Project includes a rezone to the PD District. The Project Site is currently zoned General Commercial. Policy NH-4.2 of the City’s General Plan encourages revitalizing the Northgate Mall with a distinctive and vibrant mix of uses and allowing the addition of housing. Under the existing zoning, retail and restaurant uses are broadly allowed without discretionary approvals, while multi-family residential is allowed but requires an Administrative Use Permit. Under the proposed PD District zoning, shopping center, restaurant, and multi-family residential uses would be broadly allowed without discretionary approvals, which would make it easier to achieve the goals stated in Policy NH-4.2 of the General Plan.

Policy LU-1.17: Building Heights. Use General Plan Figures 3-3 and 3- 4 as the basis for determining “baseline” maximum building heights in San Rafael. Maximum heights should continue to be codified through zoning and any applicable Specific Plans or Precise Plans. In addition, the following specific provisions related to building heights shall apply:
• Height of buildings existing or approved as of January 1, 1987 shall be considered as conforming to zoning standards. Hotels outside of the Downtown Precise Plan boundary have a 54-foot height limit. Within Downtown, the height provisions of the Downtown Precise Plan apply (see Figure 3-4).
• As provided for by Policy LU-1.18, “baseline” building heights are subject to height bonuses where specific community benefits are provided, where a Variance or zoning exception is granted, or Consistent. The Project includes a request under the State Density Bonus Law to increase the height limit across the Project Site from 36 feet to 78 feet (with an allowance for an additional 12 feet of projections). The State Density Bonus Law, which applies to projects that include affordable housing, allows certain development standards, such as the maximum height, to be exceeded.

Exhibit D
General Plan 2040 Consistency Analysis
Northgate Town Square
4894-1487-3328 v3
where a Transfer of Development Rights (TDR) is being
implemented.
• Heights may be increased by up to six (6) feet above the baseline building heights as necessary to mitigate the exposure of properties to sea level rise and other flooding hazards (e.g., raising the first floor of habitable floor space above anticipated tidal flood elevations).

Policy LU-3.2: New Development in Residential Neighborhoods.

Preserve, enhance, and maintain the residential character of neighborhoods to keep them safe, desirable places to live. New development, redevelopment of existing buildings, and land use changes within and adjacent to residential areas should:
• Enhance neighborhood image and design quality
• Incorporate sensitive transitions in height and setbacks from adjacent properties
• Preserve historic, unique, and architecturally significant structures • Respect and enhance natural features and terrain
• Reduce exposure to hazards, including limited emergency vehicle access
• Include amenities such as sidewalks, pathways, trees, and other landscape improvements
• Maintain or enhance infrastructure service levels
• Meet expected parking demand
• Minimize reduction of views, privacy, and solar access for neighboring properties
Consistent. The Project would enhance the neighborhood image and design quality by upgrading the appearance of buildings, improving landscaping and outdoor spaces, providing community services, and providing multi-use pathways both throughout and around the Project Site. The Project incorporates sensitive transitions to the nearby residential uses by including the lower height and intensity residential buildings along the western and southern edge and the higher height buildings near the center and eastern edges where the adjacent uses are commercial.

As discussed in Section 4.4, Cultural Resources of the Draft EIR, the Project would not result in direct or indirect impacts to the Terra Linda Valley neighborhood, which is considered a historic resource.

As discussed in Section 4.14, Utilities and Service Systems of the Draft EIR, the Project would maintain existing infrastructure service levels and include improvements needed to serve the Project where necessary, including through implementation of Mitigation Measure UTL-1. The Project includes multi-use pathways throughout and around the Project Site and would substantially increase the amount of landscaping included on the Project Site. As discussed in Section 4.3, Visual Resources of the Draft EIR, the proposed project would largely maintain existing views of scenic resources within the vicinity of the site and would not cast any new shadows that would impair solar access for neighboring properties.

Lastly, due to the topography of the Project Site and surrounding development and vegetation, privacy for surrounding neighborhoods would not be reduced.

Policy LU-3.3: Housing Mix. Encourage a diverse mix of housing choices in terms of affordability, unit type, and size, including opportunities for both renters and owners.

Consistent. The Project includes for-sale townhomes and rental apartments at a range of affordability levels, unit types, and unit sizes Policy LU-3-4: Property Maintenance. Require owners to maintain their properties in good condition and appearance and to eliminate unsafe and unhealthy conditions.

Consistent. As conditioned the owner of the site will be required to maintain the property in good condition, including conditions of approval related to ongoing maintenance of landscaped areas in parking lots, Exhibit D
General Plan 2040 Consistency Analysis
Northgate Town Square
4894-1487-3328 v3
Policy LU-3.4B: Conditions of Approval. Use the development review process to establish conditions of approval, including maintenance of landscaping and other improvements. Use building inspection and code enforcement processes to ensure that these conditions and other mitigation or monitoring responsibilities are carried out. stormwater facilities operations and maintenance, and waste and recycling maintenance for commercial and residential uses.

NEIGHBORHOODS ELEMENT
Policy NH-4.1: North San Rafael. Maintain North San Rafael’s character as an attractive, suburban community with a strong sense of community identity and easy access to well-managed open space and parks, convenient shopping and services, and excellent schools. The City is committed to protecting and restoring North San Rafael’s natural environment, investing in multi-modal transportation improvements that make it easier to get around, creating new gathering places and activity centers, sustaining business vitality, and creating new housing options that respond to diverse community needs. Plans for North San Rafael need to recognize that this is a distinct and unique part of San Rafael.

Standards for density, design, traffic, and parking shall be tailored to reflect local context. North San Rafael residents will be invited to have a voice at the citywide level and be directly involved in shaping decisions about the future of their community.

Consistent. The Project would include commercial, residential, open spaces, and amenity uses that would be located in a central and easy to access location. The project includes a variety of residential units ranging in size and includes units that will be restricted to low- income households. The project includes multi-use paths throughout the project site as well as a Town Square that would facilitate increased access to and through the Project Site for surrounding residential and commercial uses. The Project would include a diverse mix of uses that would help to sustain the commercial uses on the Project Site, as well as the existing commercial uses in the areas surrounding the Project Site.

Policy NH-4.2: North San Rafael Town Center. Strengthen the role of the North San Rafael Town Center as an attractive, thriving heart for the North San Rafael community: an economically viable centerpiece of commerce and activity with diverse activities for persons of all ages. This should include revitalizing Northgate Mall and surrounding business areas by encouraging:
• A distinctive and vibrant mix of uses, consistent with the area’s characteristics
• A variety of high-quality stores, entertainment uses, and services to foster local patronage and adapt to the ongoing evolution of retail and commercial activities
• Upgrading of anchor and specialty stores, including an additional high- quality retail anchor if needed for economic vitality, consistent with traffic circulation standards Nightlife activities, such as a late-night restaurant or coffee shops that harmonize with existing activities
• Upgrading the appearance of the buildings and landscaping Consistent. The Project consists of the redevelopment of the Northgate Mall with a mix of residential and commercial uses. Anchor and specialty stores would be updated, and the Project would include a Town Square and amenity spaces with outdoor dining, lounge seating, and public gathering spaces. The Project includes a variety of residential units that range in size and include units that would be restricted to low-income households. Green infrastructure techniques will be used to treat and infiltrate stormwater runoff from the Project Site and LID methods will be used. The Project will upgrade the appearance of the buildings on the Project Site by replacing dated mall buildings with modern and updated commercial and residential buildings. The Project will also substantially increase the amount of landscaping on the Project Site. Additionally, the Project will complete the North San Rafael Promenade by introducing multi-use pathways throughout and around the Project Site, and will serve as an economically viable centerpiece by providing new revenue sources to the City, providing a range of commercial tenant spaces that will attract a range of business types and sizes, and providing a mixed-use development that will create a more sustainable economic model as Exhibit D
General Plan 2040 Consistency Analysis
Northgate Town Square
4894-1487-3328 v3
• Additional outdoor public places that support public gatherings and public art
• Continued community services, which may include an expanded public library
• Completion of the North San Rafael Promenade through the site • Allowing the addition of housing, including maximizing the potential for affordable housing
• The scale of any improvements should be compatible with the surrounding community and should not exceed infrastructure capacity. New or expanded structures should demonstrate how views, sightlines, visual integrity, and character will be impacted and addressed. Promenade improvements described in the North San Rafael Promenade Conceptual Plan (2002) should be
included in any substantial rehabilitation or expansion of the Mall.

Opportunities to include green infrastructure and low impact development (LID) methods also should be pursued.
compared to the Northgate Mall.

Program NH-4.2B: Outdoor Gathering Places. Include outdoor public places that support community activities and entertainment such as a public plaza for periodic arts and cultural events, outdoor cafes with music, restaurants with sidewalk or patio dining, children’s play areas, teen centered spaces, and other uses that provide outdoor seating.

Design of retail spaces should be flexible enough to support these types of activities in the future.

Consistent. The Project will include useable open space for each of the residential buildings, roof decks, public outdoor amenity spaces, and a public Town Square that will contain a large flexible lawn space, dog park, children’s nature play features, a water feature, a flexible stage, fire features, lounge seating, and game tables.

Program NH-4.2D: Farmers Market. Consider a partnership with the Agricultural Institute of Marin (AIM) to bring the Farmers Market to the Town Center as a permanent feature, as feasible.

Consistent. The Project includes a 56,975 square foot Town Square which will provide a day-to-day public outdoor gathering space as well as provide a public space that supports community activities and entertainment such as periodic arts and cultural events. The Project also includes provisions for outdoor patio dining, a children’s play area within the Town Square, and other uses that provide outdoor seating.

Additionally, the adjacent bike hub and the installation of retractable bollards between the bike hub and the Town Square create space that could facilitate location of a Farmers Market to benefit onsite residents as well as the larger community.

Policy NH-4.4: Transportation Safety and Accessibility. Improve access and bicycle/pedestrian connections between Northgate One, the Mall at Northgate, Northgate Three, the Civic Center SMART station, the Civic Center, and surrounding neighborhoods.

Consistent. As proposed and conditioned, the Project will improve access between the Project Site and the surrounding area through installation of pedestrian and bicycle paths throughout the Project Site, installation of a multi-modal path around the Project Site on public right-of-way frontages, and through a financial contribution of $500,000 that will be used to Exhibit D
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support improved access from the Project Site to the Civic Center Sonoma Marin Area Rail Transit Station located at 3801 Civic Center Dr

COMMUNITY DESIGN AND PRESERVATION ELEMENT
Policy CDP-1.2: Natural Features. Recognize and protect the key natural features that shape San Rafael’s identity, including the Bay, local hills and ridgelines, creeks and wetlands, tree cover, and views of Mt.

Tamalpais and other natural landmarks. Height limits and other building standards should respect San Rafael’s natural topography and reinforce its sense of place, including the character and boundaries of individual neighborhoods.

Consistent. Consistent with the requirements of CEQA, aesthetic impacts of the Project were analyzed in Chapter 4.3, Visual Resources of the Draft EIR. The Draft EIR concluded that the Project would have a less than significant impact related to visual resources, including scenic vistas.

Though the Project includes an increase in building height from 36 feet to 78 feet, this increase is expressly permitted under the State Density Bonus Law, which allows exceedances of development standards (among other allowances) in exchange for affordable housing.

Additionally, although the Project includes an increase in height form 36 to 78 feet, the overall project design improves the appearance and function of the North San Rafael Town Center as it includes redevelopment of an underutilized site and strengthens the identity of the surrounding neighborhoods through provisions for lower density and intensity residential uses proximate to areas where this land use pattern is part of the existing character of the surrounding neighborhoods (Residential 1 and 2 include townhomes across from single-family residences), and focuses denser residential, mixed-use, and commercial buildings proximate to existing commercial uses and proximate to high quality transit.

Furthermore, the Project Site is located in an urbanized area, surrounded by existing development of varying scale and intensity. As discussed in detail in the Project EIR, while distant hillsides are visible from locations surrounding the Project Site, there are no unique visual features or scenic resources available at the Project Site.

Policy CDP-1.5: Views. Respect and enhance to the greatest extent possible, views to the Bay and its islands; wetlands, marinas, and canal waterfront; hillsides and ridgelines; Mt. Tamalpais; Marin Civic Center; and St. Raphael’s bell tower; as seen from streets, parks, and public pathways.

Program CDP-1.5A: Evaluating View Impacts. Consider the impact of proposed development on views, especially views of Mt Tamalpais and nearby ridgelines. Where feasible, new development should frame views of ridges and mountains and minimize reduction of views, privacy, and solar access.

Policy CDP-2.1: Neighborhoods, Districts, and Centers. Strengthen San Rafael’s identity as a community of unique centers, neighborhoods, corridors, and districts. Design decisions should maintain Downtown as a historic, walkable center; preserve the integrity and character of residential neighborhoods; and improve the appearance and function of mixed use districts such as the North San Rafael Town Center.

Policy CDP-3.1: Plazas and Active Public Spaces. Encourage the integration of public space—or private space that is available for public use—in larger-scale commercial, civic, and mixed use development.

Such spaces should be designed and operated so that they can be easily maintained, remain safe and attractive, and contribute positively to the community.

Consistent. The Project as proposed and conditioned integrates privately owned, publicly accessible open space and associated amenities throughout the site. As proposed and conditioned, these spaces will be operated in such a way that they are continually maintained, remain safe and attractive, and contribute positively to the community. Separate agreements between the applicant and the City will ensure development of minimum design components, ongoing public access, and appropriate maintenance and security of these spaces. Program CDP-3.1E: North San Rafael Improvements. Encourage and incentivize the development of public art, publicly accessible plazas, and other activated spaces in new and redeveloped projects in North San Exhibit D
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Rafael, especially in the Northgate Mall/North San Rafael Town Center area.

Policy CDP-3.3: Landscape Design in Public Rights-of-Way. Use landscape design in public rights-of-way to soften the built environment, showcase San Rafael’s natural environment, and advance City goals related to walkability, climate change, conservation, and hazard reduction. Landscaping should control heat build-up from pavement, provide shade, reduce air pollution, and improve visual quality.

Consistent. At buildout, the Project includes approximately 324,870 square feet of landscaped areas, including a variety of trees, shrubs, and stormwater treatment areas dispersed along the public right-of-way, along site boundaries, lining pedestrian and bicycle pathways, and throughout surface parking areas. In addition, the Project includes approximately 329,142 square feet of usable open space, including the 56,975 square foot Town Square, 9,604 square foot bike hub, 8,984 square foot restaurant entry plaza, and two corner rest stops (2,093 square feet and 508 square feet). Provisions for landscaping and privately owned, publicly accessible open space advances goals related to walkability as it encourages people to walk and/or bike to the Project Site by providing amenities that are conducive to walking and biking.

Policy CDP-3.5: Street Trees. Encourage the planting and maintenance of street trees to reduce urban heat island effects, sequester carbon, improve air quality, absorb runoff and wind, define neighborhoods, and improve the appearance and character of city streets
Policy CDP-3.7: Greenways. Encourage the development of “greenways” such as the North San Rafael Promenade and the Tamalpais Greenway that improve connectivity, link neighborhoods, restore creeks, and enhance the appearance of the city.

North San Rafael Promenade Conceptual Plan recommendations applicable to the project include:
• Las Gallinas Avenue is part of the identified north/south bicycle connection between Novato and downtown San Rafael, but new development goals at The Mall could cause four lanes of auto traffic to be constructed on Las Gallinas Avenue, eliminating bicycle traffic. If four lanes of auto traffic should occur, the city should negotiate with The Mall to develop new bicycle routes through this area.
• The community and City of San Rafael should negotiate with The Mall to include pedestrian circulation improvements in their expansion plans.
• New Class II bike lanes should be constructed on both sides of Northgate Drive between Freitas Parkway and Los Ranchitos.

Consistent. The Project includes redevelopment of the Northgate Mall into a mixed-use community and includes bicycle lanes, pedestrian pathways, and multi-modal facilities around the entirety of the Project Site’s boundaries and throughout the Project Site. As called for in the North San Rafael Promenade Conceptual Plan, the Project includes installation of Class II bike lanes on both sides of Northgate Drive as well as a separated Class I multi-modal pathway along the Northgate Project frontage. In addition, the Project includes Class II bike lanes on both sides of Los Ranchitos Road along a portion of the Project frontage, and continuation of the separated Class I multi-modal pathway along the Los Ranchitos Road and Las Gallinas Avenue Project frontages. The Project also includes various pedestrian and bicycle amenities including bench seating at the two corner rest stops, water fountains, pet waste stations, short-term bicycle parking throughout the Project Site, limited long-term parking near bus stops adjacent to the Project Site, and a Bike Hub.

Policy CDP-4.1: Design Guidelines and Standards. Use design guidelines and standards to strengthen the visual and functional qualities of San Rafael’s neighborhoods, districts, and centers. Guidelines and standards should ensure that new construction, additions, and alterations are compatible with the surrounding neighborhoods while still allowing for Consistent. The Project has been through an iterative process and incorporates design-related feedback received from the public, neighborhood groups, organizations, and the City’s Planning Commission and Design Review Board. As detailed in Attachment 7 (Design Guidelines Consistency Analysis), the Project is consistent with Exhibit D
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innovative, affordable design. the City’s adopted Residential and Non-Residential Design Guidelines and has been designed to be compatible with surrounding neighborhoods. Policy CDP-4.5: Higher Density Design. Encourage high-quality architecture and landscape design in new higher-density housing and mixed use projects. Such projects should be designed to be compatible with nearby buildings and respect the character-defining features of the surrounding neighborhood or district.

Policy CDP-4.6: Open Space in Multi-Family Housing. Require private outdoor areas such as decks and patios, as well as common open space areas, in new multi-family development and mixed use housing. Common open space may include recreation facilities, gathering places, and site amenities such as picnic and play areas.

Consistent. The Project includes provision of two types of open space, including privately owned, publicly accessible open space (Town Square, bicycle and pedestrian paths, Bike Hub Plaza, Restaurant Entry Plaza, Corner Monument Rest Stops) and private open space as part of each residential parcel (pools, BBQ areas, private patios, etc.). To ensure provisions for open space are maintained, the Planned Development District Standards include a requirement that a minimum of 150 square feet of private open space per residential unit be maintained. Additionally, as required under Section 14.07.150, any modification to the development plan, including modifications that would, reduce, eliminate, or otherwise substantially alter the privately owned, publicly accessible open space, would require subsequent review.

Policy CDP-4.7: Larger Scale Buildings. Design larger scale buildings to reduce their perceived mass. Encourage the incorporation of architectural elements such as towers, arcades, courtyards, and awnings to create visual interest, provide protection from the elements, and enhance orientation.

Consistent. Large scale apartment and mixed-use buildings (Residential 4, 5, and 6) offer the highest residential density and building intensity on the site and are appropriately located away from existing, low density and intensity residential uses and nearer to existing and proposed commercial uses and parking areas. These larger scale buildings provide a variety of architectural elements such as towers, courtyards, and awnings to create visual interest.

Policy CDP-4.8: Scale Transitions. Require sensitive scale and height transitions between larger and smaller structures. In areas where taller buildings are allowed, they should be designed to minimize shadows, loss of privacy, and dramatic contrasts with adjacent low-scale structures.

Exceptions may be made where taller buildings are also permitted on the adjoining site.

Consistent. Residential townhomes (Residential 1 and Residential 2) are strategically located across from single-family residential uses south of the Project Site and are in harmony with these uses in scale and intensity.

Residential 3 is located north of an existing assisted living facility (known as AlmaVia of San Rafael) and incorporates sensitive scale and height transitions through the use of a variety of architectural features that break up the massing and ensure harmony with the character of this existing use.

Policy CDP-4.9: Parking and Driveways. Encourage parking and circulation design that supports pedestrian movement and ensures the safety of all travelers, including locating parking to the side or rear of buildings, limiting driveway cuts and widths, and minimizing large Consistent. The Project includes surface parking lots and parking garages throughout the Project Site. Parking areas are appropriately designed to include trees and other landscaping to minimize large expanses of pavement and to screen parking areas from the street. As Exhibit D
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expanses of pavement. Parking should be screened from the street by landscaping and should provide easy access to building entrances. proposed, surface parking areas are designed to provide a clear path of travel to building entrances. The project also includes multi-use pathways for use by pedestrians and bicyclists throughout and around the Project Site that provide safe paths of travel within the Project site by being physically separated from roadways.

In addition, all Project driveways are stop-sign, or signal-controlled to ensure the safe ingress and egress of vehicles, pedestrians, and bicycles.

Furthermore, as required by Project mitigation measures and conditions of approval, sight lines at Project driveways will remain uninhibited through compliance with specific provisions related to plantings and other improvements proximate to driveways.

Policy CDP-4.10: Landscape Design. Encourage—and where
appropriate require—privately owned and maintained landscaping that conserves water, contributes to neighborhood quality, complements building forms and materials, improves stormwater management and drainage, and enhances the streetscape. Natural elements such as plants should be an integral part of site development and should enhance the built environment while supporting water conservation goals.

Consistent. The Project includes installation of variety of trees, shrubs, grasses, groundcovers, and stormwater treatment species. Irrigation will be provided by municipal recycled water for all landscaping, as well as low water use practices (e.g., drip irrigation and smart controllers that track weather patterns and adjust irrigation run times accordingly).

Additionally, green infrastructure techniques would be used to treat and infiltrate stormwater runoff from the Project Site.

Policy CDP-4.11: Lighting. Encourage lighting for safety and security while preventing excessive light spillover and glare. Lighting should complement building and landscape design.

Consistent. As proposed and conditioned, the Project complies with zoning code regulations related to lighting, and the lighting design is complementary to the proposed building and landscape design.

Policy CDP-5.13: Protection of Archaeological Resources. Protect significant archaeological resources by:
• Consulting the City’s archaeological resource data base prior to issuing demolition or construction permits in known sensitive areas.
• Providing information and direction to property owners to make them aware of these resources and the procedures to be
followed if they are discovered on-site.
• Identifying, when possible, archaeological resources and potential impacts on such resources.
• Implementing measures to preserve and protect archaeological resources, including fines and penalties for violations.

Consistent. As part of the tribal notification process, the City of San Rafael consulted with representatives of the Federated Indians of Graton Rancheria (FIGR) who reviewed an Archaeological Report prepared for the project, including the conclusions and recommendations contained in that report. Tribal representatives expressed concerns related to monitoring the site for tribal cultural resources during various phases of Project construction. The City provided FIGR with draft mitigation measures designed to reduce the potential impacts identified during the initial consultation meeting and FIGR provided suggested revisions to the mitigation measures, which were incorporated into the Draft EIR. In addition to mitigation measures identified in the Draft EIR, the Project is also subject to standard conditions of approval related to the protection of tribal cultural resources.

Policy CDP-5.14: Tribal Cultural Resources. Coordinate with representatives of the Native American community to protect historic Exhibit D
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Native American resources and raise awareness of San Rafael’s Native American heritage.

CONSERVATION AND CLIMATE CHANGE ELEMENT
Policy C-1.15: Landscaping with Appropriate Naturalized Plant Species. Encourage landscaping with native and compatible non-native plant species that are appropriate for the dry summer climate of the Bay Area, with an emphasis on species determined to be drought-resistant.

Diversity of plant species is a priority for habitat resilience.

Consistent. A combination of drought-tolerant trees, shrubs, grasses, ground covers, and stormwater treatment landscaping will be installed across the project site. Native plants and a diversity of species that are appropriate for the dry summer climate will be planted, consistent with the proposed landscape plan.

Policy C-1.16: Urban Forestry. Protect, maintain, and expand San Rafael’s tree canopy. Trees create shade, reduce energy costs, absorb runoff, support wildlife, create natural beauty, and absorb carbon, making them an essential and valued part of the city’s landscape and strategy to address global climate change. Tree planting and preservation should be coordinated with programs to reduce fire hazards, reduce greenhouse gas emissions, expand solar opportunities, and ensure public safety, resulting in a community that is both green and fire-safe.

Consistent. Phase 1 of the Project includes a total of 960 trees (363 existing, 597 new). Phase 2 will result in a net increase of 23 trees, for a total 983 trees at Project buildout and will be planted along all Project frontages, adjacent to rights-of-way, and throughout the Project Site.

Though approximately 350 trees will be removed to accommodate the Project, the total number of trees at buildout will be greater than what currently exists onsite. As such, the Project will contribute to an expansion of the City’s tree canopy. Once newly planted trees reach maturity, they will contribute ecological benefits that expand upon current benefits of trees onsite as there will be a greater quantity of trees as compared to current conditions. Additionally, as required by Project conditions of approval, a tree management plan will be required with submittal of plans for building permits.

Policy C-1.17: Tree Management. The removal of healthy trees shall be discouraged, and their replacement may be required when trees are removed due to health, safety, or maintenance reasons. Site plans should indicate the location of existing trees and include measures to protect them wherever feasible.

Program C-1.17B: Tree Management Plan. Require a tree
management plan prior to approval of development with the potential to remove or substantially impact trees. The Plan should be prepared by a licensed arborist using published standards and practices for protecting and monitoring tree health during and after construction.

Program C-1.17C: Mitigation for Tree Removal. Continue to implement mitigation requirements for tree removal in new development. When necessary, this could include planting of trees in locations other than the project site, planting native trees in lieu of non- natives, or reducing the footprint of proposed development. Tree replacement should be based on a value that is equal to or greater than the carbon footprint and ecological benefits of the trees being removed.

Policy C-1.19: Light Pollution. Reduce light pollution and other adverse effects associated with night lighting from streets and urban uses.

Consistent. As proposed and conditioned, the Project complies with zoning code regulations related to lighting.

Policy C-2.2: Land Use Compatibility and Building Standards. Consistent. The Project includes home HVAC measures for each Exhibit D
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Consider air quality conditions and the potential for adverse health impacts when making land use and development decisions. Buffering, landscaping, setback standards, filters, insulation and sealing, home HVAC measures, and similar measures should be used to minimize future health hazards.
residential unit, which allows residents to keep windows closed on days when local air quality is poor. Additionally, the Project will be required to comply with the currently-applicable California Building Code, which requires installation of particulate matter air filters with a minimum MERV13 rating. The Project also includes a substantial increase in the amount of landscaping on the Project Site which includes landscaped buffers between residential buildings and surrounding roadways.

Policy C-2.3: Improving Air Quality Through Land Use and Transportation Choices. Recognize the air quality benefits of reducing dependency on gasoline- powered vehicles. Implement land use and transportation policies, supportable by objective data, to reduce the number and length of car trips, improve alternatives to driving, reduce vehicle idling, and support the shift to electric and cleaner-fuel vehicles.

Consistent. As described in detail in Section 4.9, Transportation of the Draft EIR, the Project will result in a reduction in both residential and retail vehicle miles traveled (VMT), thereby reducing the number and length of car trips compared to existing use of the Project Site. Additionally, the Project includes multiple improvements and site related features aimed at reducing vehicle trips and associated emissions, including installation of new multi-modal pathways, bike lanes and enhanced gateway features with amenities, a Bike Hub Plaza, and will contribute financially to planned improvements for access to and from the Marin Civic Center SonomaMarin Area Rail Transit (SMART) station. Additionally, the Project as proposed and conditioned achieves compliance with off-street electric vehicle requirements in the most recently adopted version of CALGreen Tier 2 Voluntary Standards. Through the implementation of these project design features, the proposed project would be consistent with the BAAQMD Transportation Control Measures.

Program C-2.3A: Air Pollution Reduction Measures. Implement air pollution reduction measures as recommended by BAAQMD’s Clean Air Plan and supporting documents to address local sources of air pollution in community planning. This should include Transportation Control Measures (TCM) and Transportation Demand Management (TDM) programs to reduce emissions associated with diesel and gasolinepowered vehicles.

Policy C-2.4: Particulate Matter Pollution Reduction. Promote the reduction of particulate matter from roads, parking lots, construction sites, agricultural lands, wildfires, and other sources.

Consistent. Consistent with mitigation measures contained in the Draft EIR, the project is required to implement BAAQMD’s Basic Construction Mitigation Measures, which include provisions for management of construction-related particulate matter and fugitive dust. Additionally, as detailed in the Draft EIR, operation of the proposed project will result in an overall reduction in particulate matter compared to existing conditions.

Policy C-3.2: Reduce Pollution from Urban Runoff. Require Best Management Practices (BMPs) to reduce pollutants discharged to storm drains and waterways. Typical BMPs include reducing impervious surface coverage, requiring site plans that minimize grading and disturbance of creeks and natural drainage patterns, and using vegetation and bioswales to absorb and filter runoff.

Consistent. The Project will reduce impervious surface on the Project Site as compared to existing conditions through the introduction of increased landscaping and reduced surface parking, and also includes bioretention basins that will reduce and filter runoff. Additionally, as a standard condition of approval, the project will be required to implement best management practices to control runoff throughout Project construction.

Policy C-3.3: Low Impact Development. Encourage construction and design methods that retain stormwater on-site and reduce runoff to storm drains and creeks.

Policy C-3.8: Water Conservation. Encourage water conservation and increased use of recycled water in businesses, homes, and institutions.

Local development and building standards shall require the efficient use Consistent. As proposed and conditioned, the Project will comply with the CALGreen Code, which requires the implementation of water efficiency measures. In addition, the Project will utilize recycled water for all Exhibit D
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of water. landscape irrigation and includes a combination of drought-tolerant trees, shrubs, grasses, ground covers, and stormwater treatment landscaping that is naturalized to the region. Policy C-3.9: Water- Efficient Landscaping. Encourage—and where appropriate require—the use of vegetation and water-efficient landscaping that is naturalized to the San Francisco Bay region and compatible with water conservation, fire prevention and climate resilience goals.

Policy C-4.2: Energy Conservation. Support construction methods, building materials, and home improvements that improve energy efficiency in existing and new construction.

Consistent. As proposed and conditioned, the Project is generally consistent with the San Rafael Climate Change Action Plan (CCAP), the 2022 Scoping Plan, and Plan Bay Area 2050 (see Section 4.11 Greenhouse Gas Emissions of the Draft EIR). Specifically, the Project includes a variety of energy conservation features including LED lighting throughout the Project Site, an all-electric residential design, highefficiency mechanical and hot-water systems, solar panels and battery storage, dual plumbing to allow for use of recycled water, installation of drought tolerant landscaping and low water use practices, and green infrastructure techniques for stormwater runoff. The Project also includes infrastructure for electric vehicle charging in both new residential and modified commercial parking areas that exceed San Rafael’s base standards.

Policy C-4.2B: Green Building Standards. Implement State green building and energy efficiency standards for remodeling projects and new construction. Consider additional measures to incentivize green building practices, low carbon concrete, and sustainable design.

Policy C-4.5: Resource Efficiency in Site Development. Encourage site planning and development practices that reduce energy demand and incorporate resource- and energy-efficient infrastructure.

Policy C-5.2: Consider Climate Change Impacts. Ensure that decisions regarding future development, capital projects, and resource management are consistent with San Rafael’s CCAP and other climate goals, including greenhouse gas reduction and adaptation.

PARKS, RECREATION, AND OPEN SPACE ELEMENT
Policy PROS-1.2: per Capita Acreage Standard. Maintain a citywide standard of 4.0 acres of improved park and recreation land per 1,000 residents.

Consistent. As discussed in Section 4.13, Public Services and Recreation, of the Draft EIR, the Project is within the development assumed for the Project Site in the General Plan including the Housing Element. Additionally, the Project will contribute new, privately owned, publicly accessible recreational space on the project site (e.g., the Town Square), and therefore would increase the amount of publicly-accessible recreational space within San Rafael. With implementation of the Project, a ratio of 4.09 acres of parkland per 1,000 residents would be maintained within the City’s Sphere of Influence.

Policy PROS-1.11: Urban Parks and Plazas. Encourage the creation of small gathering places open to the public in Downtown San Rafael and other business districts, including plazas, green spaces, activated alleys, and similar features.

Consistent. The Project includes privately owned, publicly accessible outdoor amenity spaces such as outdoor dining and lounge seating, a Town Square containing a large flexible lawn space, dog park, children’s nature play features, a water feature, stage, fire features, lounge seating, and game tables. The project includes other publicly accessible spaces such as the Bike Hub Plaza, Restaurant Entry Plaza, and Corner Monument Rest Stops which also provide gathering space open to the public. Each residential building includes useable open space consisting Program PROS-1.11B: Activating Public Space. Work with cafes, restaurants, and other businesses to activate and maintain urban parks and plazas. This can provide ‘eyes on the space,’ create a sense of Exhibit D
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ownership, and facilitate economic vitality by providing space for outdoor dining and vending.
of courtyards and roof decks. The Project also includes commercial tenant spaces that are intended to contribute to activation of privately owned, publicly accessible spaces by providing areas for outdoor dining that provide visibility, create a sense of ownership, and facilitate economic vitality.

Policy PROS-1.13: Recreational Facilities in Development Projects.

Encourage, and where appropriate require, the construction of on-site recreational facilities in multi-family, mixed use, and office projects to supplement the facilities available in City parks.

SAFETY AND RESILIENCY ELEMENT
Policy S-2.1: Seismic Safety of New Buildings. Design and construct all new buildings to resist stresses produced by earthquakes. The minimum level of seismic design shall be in accordance with the most recently adopted building code as required by State law.

Consistent. As proposed and conditioned, the Project will be designed and constructed in accordance with the recommendations of the Geotechnical Investigation and the requirements of the California Building Code, San Rafael General Plan 2040, and San Rafael Municipal Code.

In addition, Mitigation Measure GEO-2 requires the preparation of a Design-Level Geotechnical Report prior to the issuance of grading or building permits.

Program S-2.1B: Geotechnical Review. Continue to require soil and geologic hazard studies and peer review for proposed development as set forth in the City’s Geotechnical Review Matrix. These studies should determine the extent of geotechnical hazards, optimum design for structures and the suitability and feasibility of proposed development for its location, the need for special structural requirements, and measures to mitigate any identified hazards. Periodically review and update the Geotechnical Review Matrix to ensure that it supports and implements the Local Hazard Mitigation Plan by identifying potentially hazardous areas. Consider removing the procedures from the General Plan and instead adopting them as part of the Zoning Ordinance or through a separate resolution.

Policy S-2.5: Erosion Control. Require appropriate control measures in areas susceptible to erosion, in conjunction with proposed development.

Erosion control measures should incorporate best management practices (BMPs) and should be coordinated with requirements for on-site water retention, water quality improvements, and runoff control.

Consistent. As required by standard conditions of approval, preparation of a Stormwater Pollution and Prevention Plan (SWPPP) will be required to ensure address erosion impacts during the construction period.

Similarly, preparation of a Stormwater Control Plan that describes how runoff will be routed to Low Impact Development (LID) stormwater treatment facilities during operation of the project will also be required.

Program S-2.5A: Erosion and Sediment Control Plans. Require Erosion and Sediment Control Plans (ESCPs) for projects meeting the criteria defined by the Marin County Stormwater Pollution Prevention Program, including those requiring grading permits and those with the potential for significant erosion and sediment discharges. Projects that disturb more than one acre of soil must prepare a Stormwater Pollution Prevention Plan, pursuant to State law.

Program S-2.5B: Grading During the Wet Season. Avoid grading during the wet season due to soil instability and sedimentation risks, Exhibit D
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unless the City Engineer determines such risks will not be present.

Require that development projects implement erosion and/or sediment control measures and runoff discharge measures based on their potential to impact storm drains, drainageways, and creeks.

Policy S-3.8: Storm Drainage Improvements. Require new
development to mitigate potential increases in runoff through a combination of measures, including improvement of local storm drainage facilities. Other measures, such as the use of porous pavement, bioswales, and “green infrastructure” should be encouraged.

Program S-3.8A: Storm Drainage Improvements. Consistent with Countywide and regional stormwater management programs, require new development with the potential to impact storm drainage facilities to complete hydrologic studies that evaluate storm drainage capacity, identify improvements needed to handle a 100-year storm, and determine the funding needed to complete those improvements.

Policy S-5.6: Hazardous Building Materials. Reduce the presence of hazardous building materials by implementing programs to mitigate lead, friable asbestos, and other hazardous materials where they exist today and by limiting the use of hazardous building materials in new construction. If such materials are disturbed during building renovation or demolition, they must be handled and disposed in a manner that protects human health and the environment.

Consistent. As detailed in Section 4.8, Hazards and Hazardous Materials of the Draft EIR, the project will be required to comply with Mitigation Measure HAZ-1 which requires the preparation of an Hazardous Building Materials Survey (HBMS) prior to demolition. The HBMS requires abatement specifications for the stabilization and/or removal of the identified hazardous building materials in accordance with all applicable laws and regulations. New construction will not include lead, asbestos, or other hazardous materials.

MOBILITY ELEMENT
Policy M-2.5: Traffic Level of Service. Maintain traffic level of service (LOS) standards that ensure an efficient roadway network and provide a consistent basis for evaluating the transportation effects of proposed development projects on local roadways. These standards shall generally be based on the performance of signalized intersections during the AM and PM peak hours. Arterial LOS standards may be used in lieu of (or in addition to) intersection LOS standards in cases where intersection spacing and road design characteristics make arterial LOS a more reliable and effective tool for predicting future impacts (See General Plan Consistent. As described in Section 4.9, Transportation of the Draft EIR, with the addition of project traffic, all of the study intersections surrounding the Project Site would continue to operate at an acceptable LOS under Baseline plus Phase 1, Future plus Phase 1, and Future plus Phase 2 conditions.

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for full policy text).

Policy M-2.6: Traffic Mitigation Fees. Collect impact fees for new development based on the expected number of trips a project will generate. Fees should be used to implement transportation improvements as directed by City Council resolution.

Consistent. As conditioned, the Project is required to pay applicable Traffic Impact Fees.

Policy M-3.1: VMT Reduction. Achieve State-mandated reductions in Vehicle Miles Traveled by requiring development and transportation projects to meet specific VMT metrics and implement VMT reduction measures.

Consistent. As described in Section 4.9, Transportation, the Project will result in a reduction in both residential and retail VMT on the Project Site.

In addition, the Project includes pedestrian and bicycle improvements on and around the Project Site and is proximate to existing transit opportunities, all of which increase access to alternative transit for users Policy M-3.2: Using VMT in Environmental Review. Require an of the Project Site. analysis of projected Vehicle Miles Traveled (VMT) as part of the environmental review process for projects with the potential to significantly increase VMT. As appropriate, this shall include transportation projects and land use/policy plans as well as proposed development projects.

Policy M-3.3: Transportation Demand Management Encourage, and where appropriate require, transportation demand measures that reduce VMT and peak period travel demand. These measures include, but are not limited to, transit passes and flextime, flexible work schedules, pedestrian and bicycle improvements, ridesharing, and changes to project design to reduce trip lengths and encourage cleaner modes of travel.

Policy M-3.6: Low- Carbon Transportation. Encourage electric and other low-carbon emission vehicles, as well as the infrastructure needed to support these vehicles.

Consistent. As proposed the Project includes installation of electric vehicle (EV) parking in the residential and commercial components of the project. The Project also contains EV capable spaces and spaces for clean air vehicles. Project conditions set forth specific requirements for the type and number of EV and clean air vehicle parking spaces required.

The Project incorporates a mix of residential and commercial uses less than ½-mile from the Marin Civic Center SMART station and proximate to other modes of transportation, thereby providing opportunities for shorter trips between different uses.

Policy M-7.8: Parking for Alternative Modes of Transportation.

Designate parking spaces to incentivize and encourage carpooling, electric vehicles, and other more sustainable modes of travel.

Program M-7.8A: Charging Stations. Install additional chargers in public parking lots and garages for electric vehicles and e-bikes. Consider expanding electric charging requirements for private parking lots and structures.

Policy M-4.3: SMART Improvements: Maximize the potential benefits of Sonoma Marin Area Rail Transit (SMART) while minimizing potential conflicts between SMART trains, adjacent land uses, bicycle and Consistent. The Project maximizes the benefits of SMART by virtue of being located within a walkable distance to the station. Although pedestrian access from the project site to the Marin Civic Center Station Exhibit D
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pedestrian movement, and vehicle traffic circulation. City plans and programs related to SMART should be periodically evaluated based on changes in funding, operating costs, ridership, and other factors impacting service levels.
is currently limited, the applicant has committed to a $500,000 contribution to support trail enhancements along Merrydale to provide improved bicycle and pedestrian access to the stations. Improvements funded in part by the applicant will help create a welcoming experience for passengers arriving at the Civic Center Station and will improve access between the site and the station, further encouraging the use of non-motorized travel to the site.

Program M-4.3C: Arrival Experience. Create a welcoming experience for passengers arriving at the Downtown San Rafael and Civic Center stations, including wayfinding signage, easy transfers, and clearly marked, well-lit pathways to nearby destinations.

Policy M-5.1: Traffic Calming. Protect residential areas from the effects of speeding traffic or traffic from outside the neighborhood through appropriate traffic calming solutions such as speed humps, bulb-outs, speed limits, stop signs, and chicanes. Traffic calming measures shall not conflict with emergency response capabilities.

Consistent. The Project includes a network of internal roadways to serve the residential and commercial uses on the Project Site. These roadways are appropriately designed to reduce the effects of speeding or traffic from outside the neighborhood because they include speed humps, bulbouts, and stop signs. In addition, the Project includes multi-use pathways throughout and around the Project Site that are physically separated from roadways. As proposed and conditioned, traffic calming measures will not conflict with access by emergency responders.

Policy M-6.1: Encourage Walking and Cycling. Wherever feasible, encourage walking and cycling as the travel mode of choice for short trips, such as trips to school, parks, transit stops, and neighborhood services. Safe, walkable neighborhoods with pleasant, attractive streets, bike lanes, public stairways, paths, and sidewalks should be part of San Rafael’s identity.

Consistent. The Project includes a network of multi-use pathways throughout and around the Project Site that provide safe access for pedestrians and bicyclists as they limit interactions with vehicle through physical separation from roadways. These pathways connect residents from the Project Site and surrounding residential areas to commercial uses on the Project Site as well as to commercial uses adjacent to the Project Site.

Policy M-6.3: Connectivity. Develop pedestrian and bicycle networks that connect residents and visitors to major activity and shopping centers, existing and planned transit, schools, and other neighborhoods. Work to close gaps between existing facilities. Funding and prioritization for projects should consider relative costs and benefits, including such factors as safety, number of potential users, and impacts on parking.

Policy M-6.7: Universal Design. Design and construct bicycle and pedestrian facilities to serve people of all ages and abilities, including children, seniors, families, and people with limited mobility.

COMMUNITY SERVICES AND INFRASTRUCTURE ELEMENT
Policy CSI-3.2: Mitigating Development Impacts. Engage the Police and Fire Departments in the review of proposed development and building applications to ensure that public health and safety, fire prevention, and emergency access and response times meet current industry standards.

Consistent. As detailed in Section 4.13, Public Services and Recreation of the Draft EIR, the Project is within the development potential anticipated by the General Plan and can be adequately served by existing police and fire service in the City. Additionally, appropriate conditions of approval have been imposed on the Project to ensure adequate fire access is provided at the Project Site.

Exhibit D
General Plan 2040 Consistency Analysis
Northgate Town Square
4894-1487-3328 v3
Policy CSI-4.2: Adequacy of City Infrastructure and Services. As part of the development review process, require applicants to demonstrate that their projects can be adequately served by the City’s infrastructure.

All new infrastructure shall be planned and designed to meet the engineering and safety standards of the City as well as various local service and utility providers
Consistent. As detailed in Section 4.14, Utilities and Service Systems of the Draft EIR, the Project is within the development potential anticipated by the General Plan and there is adequate City infrastructure to serve the Project, with the exception of the Terra Lina Sewer Trunk, which will be upsized in coordination with the Las Gallinas Valley Sanitary District to ensure adequate service can continue to be provided. Additionally, MMWD has adequate water supplies to serve the Project, the Project will not exceed the capacity of wastewater infrastructure, and as conditioned, the Project will be required to reduce landfill waste by recycling construction debris and providing appropriate facilities for users on the Project Site to recycle or compost organic materials.

Policy CSI-4.8: Potable Water Supply and Delivery. Work with Marin Municipal Water District (MMWD) to meet projected water demand, encourage water conservation, and ensure the reliability and safety of the water supply and distribution system.

Policy CSI-4.9: Wastewater Facilities. Ensure that wastewater collection, treatment and disposal infrastructure is regularly maintained and meets projected needs. Improvements should be programmed to meet state and federal standards, respond to sea level rise and seismic hazards, repair and replace aging or leaking pipes, and protect environmental quality.

Policy CSI-4.17: Reducing Landfilled Waste Disposal. Reduce landfilled waste disposal and related greenhouse gas emissions by reducing material consumption; requiring curbside collection and composting of organic materials; increasing recycling, reuse, and resource recovery; and encouraging the use of recyclable goods and materials.

HOUSING ELEMENT
Policy H-3.5: Housing and Greenhouse Gas Emissions. Design and locate new housing in a way that supports the city’s greenhouse gas reduction goals. This includes building new housing near transit and in locations where it is easier to walk to shopping, restaurants, services, work, school, and other destinations. It also includes reducing the use of non-renewable fossil fuels through electrification, decreased natural gas use, energy efficiency, and tree planting.

Consistent. The Proposed Project is a mixed use development that includes a variety of housing types and commercial uses that would provide dining and shopping opportunities. The Project Site is located within walking distance to bus stops providing local and regional access as well as the Marin Civic Center SMART station for which the applicant is providing a financial contribution of $500,000 to fund access improvements between the Project Site and the SMART Station.

In addition, residential construction will be all-electric in compliance with the City and State’s goals for the reduction of GHG emissions and, overall, the Project will reduce natural gas use compared to existing conditions. The Project will also comply with and in some cases exceed the requirements of the CalGreen Code. Specifically, EV- capable parking spaces and EV charging spaces that meet the CALGreen Tier 2 Voluntary Standards would be provided for all residential uses.

Policy H-3.6: Sustainable Design. Encourage the use of building materials, construction methods, and designs that reduce environmental impacts and the consumption of non- renewable resources.

Exhibit D
General Plan 2040 Consistency Analysis
Northgate Town Square
4894-1487-3328 v3
Program H-7D BMR Resale Regulations Consistent. The Project is subject to a Master Affordable Housing Agreement, which will impose regulations on resale of BMR units to assure that units remain affordable to low income households.

Policy H-4.3: Affordable Housing Requirements. Require the inclusion of affordable housing units in market-rate housing projects. Ensure that affordable housing requirements are economically viable, do not negatively affect overall housing production, and provide sufficient flexibility for the private sector. When new affordable units are created, pursue deed restriction and affordability terms of at least 55 years so that fewer tenants are at risk of being displaced in any given year.

Consistent. The Project includes construction of onsite affordable housing the meets the City’s Primary and Secondary Requirements detailed in the Affordable Housing Guidelines. As conditioned, affordable units will be deed restricted in perpetuity, unless otherwise reduced by the City Council.

The provision of 143 BMR units affordable to low-income households will provide affordable housing toward San Rafael’s Regional Housing Needs Allocation which calls for 492 low-income units. Additionally, the Project overall will provide 1,279 above market rate units which is close to the City’s full above market rate RHNA requirement of 1,350 units as included in the 6th cycle Housing Element.

Policy H-4.15: Housing and Infrastructure. Coordinate with water, sanitary sewer, and dry utility service providers to ensure that infrastructure is available to support anticipated housing development.

The cost of infrastructure maintenance and improvement should be equitably shared among property owners rather than assigned entirely to new development.

Consistent. As discussed in Section 4.14 Utilities and Service Systems, of the Draft EIR, adequate infrastructure is or will be in place to support the Project, including the residential uses prior to occupancy. Additionally, as required by Mitigation Measure UTL-1 the Terra Linda Trunk Sewer line will be upsized by the Project developer in coordination with the Las Gallinas Valley Sanitary District.

ECONOMIC VITALITY ELEMENT
Policy EV-1.1: Quality of Life. Recognize the importance of a healthy economy to the quality of life, especially the ability to provide excellent schools, public safety services, public works, recreation, housing programs, and other government services.

Consistent. The Project will revitalize an underutilized site with steadily declining revenues and represents a more sustainable economic model as compared to the existing Northgate Mall. Redevelopment of the Project Site will contribute steady revenues to the City’s general fund as well as funds under Measure E and Measure R. The Project is subject to payment of all applicable development impact fees. One-time development impact fees and ongoing revenues will contribute to improved quality of life through economic contributions.

Program EV-1.1B: Economic and Fiscal Impacts. Continue to evaluate economic and fiscal impacts in reports to the Planning Commission and City Council.

Consistent. Economic and fiscal impacts of the Northgate Town Square Project are fully detailed in the Fiscal Impact Analysis prepared by Seifel Consulting, Inc. and are discussed in the October 29, 2024 Planning Commission staff report. As discussed in detail in the staff report, the Project overall is not only consistent with the vision for the area, but will also provide economic benefits in that:
• The Project will provide new revenue sources that can be used to fund improved and expanded city infrastructure and services that will Exhibit D
General Plan 2040 Consistency Analysis
Northgate Town Square
4894-1487-3328 v3
benefit existing uses in the city as well as the Project. • The Project provides opportunities to stimulate economic growth by providing commercial spaces that range in size from 3,800 to 55,360 square feet, thereby attracting a variety of business types and sizes, from small-scale locally owned business to large-scale corporations.

The Project represents a more sustainable economic model as compared to the Northgate Mall as it creates an active bicycle, pedestrian, and transit-oriented environment that attracts residents, recreational users, and individuals seeking specific services to the area which creates a more stable, predictable, and diverse customer base for businesses of all types and sizes.

DIVERSITY, EQUITY, AND INCLUSION ELEMENT
Policy EDI-2.1A Neighborhood Design for Active Living Consistent. The Project improves upon existing, and includes new opportunities for safe active transportation, and will provide walkable access to new goods and services.

Policy EDI-2.2 Safe Space for Physical Activity Consistent. The Project includes provisions for privately owned publicly accessible open space, and will provide private open space for residential uses.

Policy EDI-3.2: Affordable Housing Development. Encourage the development of affordable rental housing to meet the needs of all San Rafael households.

Consistent. The project includes construction of on-site affordable housing for low income households. As proposed, the project includes construction of 143 affordable housing units, of which, 14 will be for-sale townhomes, and 129 will be available for rent.

Exhibit E
1 Northgate Town Square
Project Site Legal Description
The land referred to herein below is situated in the City of San Rafael, County of Marin, State of California, and is described as follows:

Parcel One:

Beginning at a point on the easterly boundary of Northgate Drive, as shown on that certain map entitled, "Map of Northgate Regional Shopping Center", recorded September 10, 1963 in Volume 12 of Maps at page 19, Marin county records, which point is the southerly terminus of the course "north 32° 00' 00" east 294.85", as shown on said map; thence along the boundaries of Northgate Drive, of Las Gallinas Avenue and of Los Ranchitos Road, as shown on said map, the following courses and distances: north 32° 00' 00" east, 294.85 feet; thence along a curve to the left, whose center bears north 58° 00' 00" west, having a radius of 1304.00 feet through a central angle of 37° 43' 06" a distance of 858.44 feet; thence along a curve to the right, whose center bears north 84° 16' 54" east, having a radius of 30.00 feet through a central angle of 109° 13' 06" a distance of 57.19 feet; thence south 76° 30' 00" east, 10.81 feet; thence along a curve to the right, whose center bears south 13° 30' 00" west, having a radius of 427.89 feet through a central angle of 19° 47' 56", a distance of 147.86 feet; thence south 56° 42' 04" east 32.12 feet; thence along a curve to the left, whose center bears north 33° 17' 56" east, having a radius of 730.04 feet, through a central angle of 26° 24' 46", a distance of 336.54 feet; thence south 83° 06' 50" east, 330.92 feet; thence along a curve to the right, whose center bears south 6° 53' 10" west, having a radius of 170.01 feet through a central angle of 83° 00' 21", a distance of 246.30 feet; thence south 0° 06' 29" east, 102.13 feet; thence south 0° 04' 50" west 112.63 feet; thence along a non-tangent curve to the right whose center bears south 89° 50' 48" west, having a radius of 970.00 feet, through a central angle of 29° 33' 10", a distance of 500.32 feet; thence south 29° 23' 52" west, 100.00 feet; thence along a non-tangent curve to the left, whose center bears south 60° 35' 50" east, having a radius of 780.00 feet through a central angle of 43° 51' 22", a distance of 597.04 feet; thence south 14° 28' 26" east, 100.65 feet; thence along a curve to the right, whose center bears south 75° 31' 34" west, having a radius of 50.00 feet through a central angle of 89° 59' 48", a distance of 78.54 feet; thence south 75° 31' 22" west 518.22 feet; thence along a curve to the right, whose center bears north 14° 28' 38" west, having a radius of 224.00 feet through a central angle of 85° 18' 00" a distance of 333.48 feet; thence along a curve to the left, whose center bears south 70° 49' 22" west, having a radius of 291.67 feet through a central angle of 38° 49' 22" a distance of 197.63 feet, thence north 58° 00' 00" Exhibit E
2 00' 00" east, having a radius of 446.00 feet through a central angle of 90° 00' 00" a distance of 700.58 feet to the point of beginning.

Excepting therefrom that portion of said land as described in the deed to the City of San Rafael, dated November 15, 1984 and recorded January 11, 1985 as Instrument No. 85001287, Marin County records, and more particularly described as follows:

Beginning at a point on the southerly boundary of Las Gallinas avenue, as shown on that certain map entitled "Map of Northgate Regional Shopping Center", recorded September 10, 1963 in volume 12 of maps at page 19, Marin County records, at the westerly terminus of the course shown as "south 76° 30' 00" east, 10.81 feet", on said map (12 rm 19); thence along said southerly boundary of Las Gallinas Avenue (12 rm 19) the following courses and distances: south 76° 30' 00" east, 10.81 feet; thence southeasterly along a curve to the right, tangent to the preceding course, having a radius
Of 427.89 feet through a central angle of 19° 47' 56", an arc length of 147.86 feet; thence south 56° 42' 04" east, 32.12 feet and thence southeasterly along a curve to the left, tangent to the preceding course, having a radius of 730.04 feet through a central angle of 16° 00' 00", an arc length of 203.87 feet; thence leaving said southerly boundary (12 rm 19) north 72° 42' 04" west, 71.15 feet; thence northwesterly along a curve to the right, tangent to the preceding course, having a radius of 481.90 feet through a central angle of 16° 00' 00", an arc length of 134.57 feet; thence north 56° 42' 04" west, 32.12 feet; thence northwesterly along a curve to the left, tangent to the preceding course, having a radius of 417.89 feet through a central angle of 19° 47' 56", an arc length of 144.40 feet; thence north 76° 30' 00" west, 17.91 feet; thence westerly along a curve to the left, tangent to the preceding course, having a radius of 22.48 feet through a central angle of 109° 13' 06", an arc length of 42.85 feet to the point of reverse curve on the easterly boundary of Northgate Drive, as shown on said map (12 rm 19); thence along said easterly boundary of Northgate Drive (12 rm 19) northerly along a curve to the right, whose center bears north 84° 16' 54" east, having a radius of

30.00 feet through a central angle of 109° 13' 06", an arc length of 57.19 feet to the point of beginning.

Also excepting therefrom that portion of said land as described in the deed to the City of San Rafael, dated November 15, 1984, recorded January 11, 1985 as instrument no. 85001288, Marin County records, and more particularly described as follows:

Beginning at a point on the westerly boundary of Los Ranchitos Road, as shown on the "Map of Northgate Regional Shopping Center", recorded September 10, 1963 in volume 12 of maps at page 19, Marin County records; at the northerly terminus of the course west, 65.94 feet, and thence along a curve to the right, whose center bears north 32° Exhibit E
3 100.00 feet and thence southwesterly along a curve to the left, whose center bears south 60° 35' 50" east, having a radius of 780.00 feet through a central angle of 3° 31' 22", an arc length of 47.96 feet; thence leaving said westerly boundary (12 rm 19) northeasterly along a curve to the left, whose center bears north 64° 07' 12" west, having a radius of 32.00 feet through a central angle of 24° 34' 59", an arc length of

13.73 feet; thence northeasterly along a reverse curve to the right, whose center bears south 88° 42' 11" east, having a radius of 48.00 feet through a central angle of 21° 45' 26", an arc length of 18.23 feet; thence north 23° 03' 15" east, 43.20 feet; thence northeasterly along a curve to the right, tangent to the preceding course, having a radius of 100.00 feet through a central angle of 16° 40' 58", an arc length of 29.12 feet; thence north 39° 44' 13" east, 24.02 feet; thence northeasterly along a curve to the right, tangent to the preceding course, having a radius of 58.00 feet through a central angle of 12° 41' 56", an arc length of 12.86 feet; thence northeasterly along a reverse curve to the left, whose center bears north 37° 33' 51" west, having a radius of 42.00 feet, through a central angle of 23° 27' 17", an arc length of 17.19 feet to said westerly boundary of Los Ranchitos Road (12 rm 19); thence along said westerly boundary (12 rm 19), southwesterly along a curve to the right, whose center bears north 61° 01' 08" west, having a radius of 970.00 feet through a central angle of 0° 25' 06", an arc length of 7.08 feet to the point of beginning.

Parcel Two:

Beginning at a point on the westerly boundary of Los Ranchitos Road as shown on the "Map of Northgate Regional Shopping Center", recorded September 10, 1963 in volume 12 of maps at page 19, Marin County records, which point is the northerly terminus of the course "s 14°28'26" e, 183.65 feet", as shown on said map (12 maps 19); thence along the boundary of Los Ranchitos road and Northgate Drive, as shown on said map (12 maps 19), the following courses and distances:

South 14°28'26" east, 100.65 feet; thence along a curve to the right, whose center bears south 75°31'34" west, having a radius of 50 feet through a central angle of 89°59'48" a distance of 78.54 feet; thence south 75°31'22" west, 518.22 feet; thence along a curve to the right, whose center bears north 14°28'38" west, having a radius of 224.00 feet through a central angle of 85°18'00" a distance of 333.48 feet; thence along a curve to the left, whose center bears south 70°49'22" west, having a Radius of 291.67 feet through a central angle of 38°49'22" a distance of 197.63 feet; thence north 58°00'00" west, 65.94 feet, and thence along a curve to the right, whose center bears a distance of 420.61 feet; thence leaving said boundary, south 76°30'00" east, 1177.52 feet to the westerly boundary of said Los Ranchitos Road; thence along said westerly boundary along a curve to the left, whose center bears north 84°05'22" east, having a said westerly boundary of Los Ranchitos Road (12 rm 19) south 29° 23' 52" west, shown as "south 29° 23' 52" west, 100.00 feet" on said map (12 rm 19); thence along Exhibit E
4 Parcel Three:

Beginning at the southeast corner of Las Gallinas Avenue as shown the "Map of Northgate Shopping Center", recorded April 13, 1960, in volume 10 of maps at page 56, which point is also the southerly terminus of the course described as "n 26°48'11" e.,

60.00 feet" in parcel 2 of The deed from rose freitas rose, et al, to the State of California, recorded April 19, 1960, in volume 1361 of official records at page 30; thence along the southerly boundary of said parcel 2 (also the southerly boundary of Las Gallinas Avenue) (1361 o.r. 30) the following courses and distances: easterly along a curve concave to the southwest, whose center bears south 25°31'51" west, having a radius of 427.89 feet through a central angle of 7°46'05" for a distance of 58.01 feet; thence south 56°42'04" east, 32.12 feet; thence easterly along a curve concave to the northeast, tangent to the preceding course, having a radius of 730.04 feet through a central angle of 26°24'46" for a distance of 336.54 feet and thence south 83°06'50" east, 157.16 feet; thence leaving said southerly boundary south 13°30'00" west, 371.00 feet to the true point of beginning of this description; thence from said true point of beginning south 76°30'00" east, 152.00 feet; thence south 13°30'00" west, 304.00 feet; thence north 76°30'00" west, 304.00 feet; thence north 13°30'00" east, 304.00 feet; thence south 76°30'00" east 152.00 feet to the true point of beginning Parcel Four:

Beginning at a point on the easterly boundary of Northgate Drive, as shown on that certain map entitled "Map of Northgate Regional Shopping Center", recorded September 10, 1963 in book 12 of record maps at page 19, Marin County records, which point is the southerly terminus of the course "n 32°00'00" e, 294.85" as shown on said map (12 rm 19); thence along said easterly boundary of Northgate Drive (12 rm 19) north 32°11'100" east, 294.85 feet; thence leaving said easterly boundary of Northgate Drive (12 rm 19) south 72°23'02" east, 37.59 feet to the true point of beginning; thence south 13°30'00" west, 70.00 feet, thence south 58°30'00" west, 5.66 feet, thence south 13°30'00" west, 42.00 feet; thence south 31°30'100" east, 11.30 feet; thence south 13°30'00" west, 34.00 feet; thence south 58°30'00" west, 11.31 feet; thence south 13°30'00" west, 12.00 feet; thence south 31°30'100" east, 5.66 feet; thence south 13°30'00" west, 118.80 feet; thence south 76°30'100" east, 40.67 feet; thence north 13°30'00" east, 57.13 feet; thence south 31°30'00" east, 7.54 feet; thence south 76°30'00" east, 74.00 feet; thence north 58°30'100" east, 11.31 feet; thence south 76°30'00" east, 24.00 feet; thence north 13°30'100" east, 106.00 feet; thence south 76°30'00" east 8.00 feet~ thence north 13°30'00" east, 96.00 feet; thence north 31°30'00" west, 11.31 feet; thence north 13°30'0011" east, 57.00 feet; thence north point of beginning.
radius of 780.00 feet through a central angle of 8°32'34" a distance of 116.30 feet to the Exhibit E
5 76°30'00" west, 18.00 feet; thence south 13°30'0011" west, 20.00 feet; thence south 58°30'00" west, 8.49 feet to THE TRUE POINT OF BEGINNING. 76°30'00" west, 80.00 feet; thence south 58°30'0011" west, 11.31 feet; thence north 76°30'100" west, 32.00 feet; thence north 31°30'0011" west, 11.31 feet; thence north 2025 MASTER PLAN - STREET LEVEL
ucture for Retail (-120 for RESI 6) 353 spaces
rking for Retail 972 spaces
1,325 spaces

PROJECT SUMMARY
Total Residential Units 864
Total Commercial Sq Ft. 501,941 sf
Total Parking Count (Spaces) 1,843
864
t. 501,941 sf
paces) 1,843
SHOPS
PAD
MAJOR
CINEMA

RESIDENTIAL

AMENITIES

COMMUNITY
SPACE

STRUCTURED

PARKING

SIGNALIZED

INTERSECTION
LEGEND

NORTHGATE TOWN SQUARE
REDEVELOPMENT PLAN AUGUST 2, 2024
SD-8
0 30’ 60’ 120’ 240’
SCALE 1” = 60’-0”
N
274
188
61 408
93 308
473
36 SHOPS 1
±6,795 SF

RESTAURANT
±8,510 SF
MAJOR 2
±28,000 SF

MGMT OFFICE
±800 SF
POLICE
±200 SF
SHOPS 2
±11,600 SF
SHOPS 2A
±6,250 SF
MAJOR 1
±79,051 SF
(E) MACY’S
±254,015 SF
SHOPS 3
±5,000 SF
(E) RITE-AID
±17,340 SF
CINEMA
±65,000 SF
1,330 SEATS TOWN
SQUARE

RESIDENTIAL
PARCEL 1
±38 UNITS
PAD 2
±4,300 SF
PAD 1
±8,400 SF

RESIDENTIAL
PARCEL 2
±100 UNITS
SHOPS 4
±6,200 SF

RESIDENTIAL
PARCEL 4
±446 UNITS RESIDENTIAL
PARCEL 3
±280 UNITS

LIBRARY /

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CENTER

THORNDALE DRIVE

LAS GALLINAS AVENUE

MERRYDALE
ROAD

N O R T H G A T E D R I V E

EL FAISAN DRIVE

LOS RANCHITOS ROAD

N O V A A L B I O N
WAY

DEL PRESIDIO

BOULEVARD

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2040 VISION PLAN - STREET LEVEL
SHOPS
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MAJOR
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AMENITIES

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SIGNALIZED

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NORTHGATE TOWN SQUARE
REDEVELOPMENT PLAN AUGUST 2, 2024
SD-12
0 30’ 60’ 120’ 240’
SCALE 1” = 60’-0”
N
266
MAJOR 4
±25,000 SF
SHOPS 6
±5,000 SF

RESTAURANT
±8,510 SF
MAJOR 3
±10,000 SF
SHOPS 3
±5,000 SF
SHOPS 5
±3,500 SF
SHOPS 4
±6,200 SF

LAS GALLINAS AVENUE

MERRYDALE
ROAD

N O R T H G A T E D R I V E

EL FAISAN DRIVE

LOS RANCHITOS ROAD
MAJOR 2
±28,000 SF

RESIDENTIAL
PARCEL 5
±309 UNITS
PAD 5
±5,000 SF
PAD 3
±5,000 SF
PAD 4
±3,800 SF
(E) RITE-AID
±17,340 SF

RESIDENTIAL
PARCEL 6
±249 UNITS
TOWN
SQUARE

RESIDENTIAL
PARCEL 4
RESIDENTIAL ±446 UNITS
PARCEL 3
±280 UNITS

LIBRARY /

COMMUNITY
CENTER
PAD 2
±4,300 SF
PAD 1
±8,400 SF

MGMT OFFICE
±800 SF
POLICE
±200 SF
SHOPS 2
±11,600 SF
SHOPS 2A
±6,250 SF

RESIDENTIAL
PARCEL 2
±100 UNITS
61 256
93 251
353
21 CINEMA
±65,000 SF
1,330 SEATS

N O V A A L B I O N
WAY

DEL PRESIDIO

BOULEVARD

THORNDALE DRIVE

RESIDENTIAL
PARCEL 1
±38 UNITS

LAS GALLINAS AVENUE
ucture for Retail (-120 for RESI 6) 353 spaces
rking for Retail 972 spaces
1,325 spaces

PROJECT SUMMARY
Total Residential Units 1,422
Total Commercial Sq Ft. 219,380 sf
Total Parking Count (Spaces) 1,305
1,422
t. 219,380 sf
paces) 1,305
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1 NORTHGATE TOWN SQUARE PLANNED DEVELOPMENT DISTRICT

PURPOSE
The purpose of the Northgate Town Square Planned Development (PD) District is to allow for the redevelopment of the Northgate Mall to create a pedestrian-oriented, open-air main street experience with interconnectivity to surrounding commercial and residential uses. Specifically, the Northgate Town Square PD District is intended to accomplish the following:

1. Promote contemporary and innovative design on the site by allowing flexibility in property development standards

2. Encourage the establishment of new residential uses and related community amenities and open space as infill development in close proximity to transit opportunities

3. Encourage a holistic approach to redevelopment of the site by providing development standards that apply across the site, reducing the rigidity and conflicts that would otherwise result from applying development standards and procedures designed primarily for small lots, and

4. Accommodate large-scale, complex, mixed-use, phased redevelopment of the site.

APPLICABILITY
The PD standards as outlined in this document are consistent with the phased Northgate Town Square Project as approved by City Council via Resolutions XXX and are applicable to all future use and development in the Planned Development District Area.

PLANNED DEVELOPMENT DISTRICT AREA
The land area included in the Northgate Town Square PD zoning district shall include the approximately 44.76 acre property depicted on the attached Land Use Map (Exhibit A) incorporated by reference, and legal property description (Exhibit B) incorporated by reference (hereinafter “PD Site”). The Northgate Town Square PD zoning district is generally bounded by Las Gallinas Avenue to the north, Los Ranchitos Ave to the east, and Northgate Drive to the south and west.

DEFINITIONS
Definitions as outlined in San Rafael Municipal Code Chapter 14.03 and as subsequently amended shall be incorporated by reference.

LAND USES
This PD permits a phased mixed-use redevelopment of the existing Northgate Mall, including at build out a total of 1,422 residential units, 219,380 square feet of commercial, and site improvements and amenities including but not limited to the 56,975 square foot town square and 9,604 square foot bike hub.

A. Permitted Uses: The following uses are permitted uses in the PD District.

EXHIBIT G
2 i. All existing legal uses within the Northgate Town Square PD District ii. Shopping Center
iii. Theater
iv. Brew Pubs
v. Fast Food Restaurant
vi. Food Service Establishment
vii. Food Service Establishment, High Volume
viii. Outdoor Eating Areas
ix. Grocery Store
x. General Retail
xi. Fitness/Recreation Facility
xii. Multifamily Residential
xiii. Public Facilities such as recreation and library facilities xiv. Accessory Dwelling Units consistent with standards identified in SRMC Section

14.16.285
xv. Junior Accessory Dwelling Units consistent with standards identified in SRMC Section 14.16.285
xvi. Home Occupations consistent with SRMC Chapter 14.16 xvii. All other uses that are permitted by right within the General Commercial (GC) District, as provided in the San Rafael Municipal Code.

B. Other Uses: All other land uses listed as conditionally permitted or as permitted under an administrative use permit in the General Commercial (GC) zoning district, as set forth in the San Rafael Municipal Code, shall be allowed, provided that the necessary permits are obtained.

C. Temporary Uses and Special Events: To activate and facilitate use of the Town Square as a community amenity for users of the Northgate Town Square Project and the surrounding community, up to 12 temporary uses and special events are allowed per calendar year without issuance of a separate Temporary Use Permit, subject to the criteria included in this section. These events must be sponsored by the property owner or property manager, and they are solely responsible for ensuring the events are operated in accordance with applicable regulations. All temporary uses and special events shall be subject to the Northgate Town Square Operating Rules for the Publicly Accessible Open Space, pursuant to Resolution No. XX, condition of approval No. 103.

A Temporary Use or Special Event that does not meet the criteria listed below may be approved consistent with San Rafael Municipal Code Section 14.17.130 (Temporary Uses).
• Pre-Approved Temporary Uses and Special Events include:
o Temporary or seasonal events
o Fairs, festivals, concerts, farmer’s markets, and similar temporary uses o Movies in the park, organized run events, sports watch parties, and similar types of special events
o Other temporary uses and special events with similar impacts as those listed may be allowed at the discretion of the Community and Economic Development Director and when found consistent with the purpose of these PD District Standards
• Pre-Approved Temporary Use and Special Event Criteria:
3 o Location of said events shall be limited to the Town Square, Bike Plaza, and immediately adjoining areas
o Each event shall not exceed a maximum capacity of 250 people o Public parking and restroom facilities shall be made available on the Site for each event
o Garbage, litter, and debris shall be collected, stored, and removed from the site immediately following the event.
o The event sponsor shall obtain any and all required permits from the Marin County Health Department, City of San Rafael Building Division, and/or City of San Rafael Fire Department as applicable.
o Any signage associated with the special event shall comply with Chapter 14.19, Signs, of the San Rafael Zoning Ordinance and the Northgate Town Square Master Sign Program as applicable to temporary signs
o Onsite private security shall provide security and public safety measures to ensure compliance with performance standards as identified in the Municipal Code and minimize impacts.
o Event hours shall be limited to:
▪ Between 7:00 a.m. and 10:00 p.m. on Fridays and Saturdays ▪ Between 7:00 a.m. and 9:00 p.m. on Sundays and holidays (as those days are designated holidays by the City of San Rafael) ▪ Between 6:00 a.m. and 9:00 p.m. on Mondays, Tuesdays, Wednesdays, and Thursdays

AMENDMENTS AND MODIFICATIONS
Modification to Land Uses
Any proposed change to uses not specified in subsection A that exceed the standards prescribed by this PD or propose uses that are not consistent with the land use regulations of the PD shall require an amendment to the PD District and may require associated amendment to the Master Use Permit approved for the Northgate Town Square Project consistent with City Council Resolution No. XXX. Any change to a use that is permitted by right in the General Commercial District as noted above shall not require an amendment to the PD.

Major Modifications to the Planned Development
Projects that require physical changes to the Planned Development standards as outlined in this document and associated exhibits, including new buildings, significant changes to landscaping, or significant changes to vehicle parking areas shall require an Amendment to the PD zoning and development plan pursuant to San Rafael Municipal Code Section 14.07.150. Such changes shall also require approval of an Environmental and Design Review Permit consistent with SRMC 14.25.

Minor Modifications to the Planned Development
4 Modifications to the design, color, or materials of the structures or minor site modifications to site improvements or addition of minor accessory structures, may be considered through an Administrative Environmental and Design Review Permit consistent with SRMC 14.25 and are not considered changes to the PD. The Community and Economic Development Director shall determine the level of review required for any modification.

ENVIRONMENTAL REVIEW
The potential environmental impacts of the Northgate Town Square Project, including the establishment of these PD standards and approval of the Northgate Town Square Development Plan were fully analyzed in the Northgate Town Square Environmental Impact Report (EIR) (SCH# 2023320187) containing all contents required by California Environmental Quality Act (CEQA) Guidelines 15132, inclusive of references, appendices, and all attachments thereto.

The City Council approved Resolution No. XXX certifying the EIR pursuant to the CEQA.

Additionally, as part of adoption of Ordinance No. XXX, the City Council adopted findings of fact, a statement of overriding considerations, and the Mitigation Monitoring and Reporting Program (MMRP) for the Northgate Town Square Project, pursuant to the CEQA. All mitigation shall be implemented as outlined in the approved MMRP as it may be amended. Any modifications to the project shall be evaluated for conformance with the certified EIR and may require additional environmental analysis as appropriate.

AFFORDABLE HOUSING
Onsite inclusionary housing shall be provided on each residential or residential-mixed-use parcel under individual affordable housing regulatory agreements with the City of San Rafael.

Each such agreement shall:
• Be recorded prior to issuance of the first building permit for any residential unit on each residential or residential-mixed-use parcel.
• Be consistent with the Master Affordable Housing Agreement for the Northgate Town Square Project as approved by the City Council via Resolution No. XXX, which agreement is to be recorded on the Project Site prior to the issuance of the first building permit for any residential unit on the Project Site.
• Provide 10% of total residential units on the parcel as below market rate affordable to low-income households and deed restricted in perpetuity • Evenly distribute Below Market Rate (BMR) units within each residential or mixed-use building, avoiding clustering of BMR units on any one floor or within one area • Ensure that BMR units are similar mix and type to the market rate units in size, bedroom count, access to amenities, and finishes.

PRIVATELY OWNED PUBLICLY ACCESSIBLE OPEN SPACE
Privately owned publicly accessible open space shall be provided consistent with the Privately Owned Publicly Accessible (POPA Agreement) applicable to each POPA imrprovement.

DEVELOPMENT STANDARDS
The PD District shall be developed in conformance with the development plans, associated drawings, and reports submitted with the Project as listed in the Exhibit section and the development standards set forth below.
5 A. Minimum Lot Area: A minimum lot area of six thousand (6,000) sq. feet shall be required with the exception of the 38 individual townhome lots as shown on Lot 2 and the 100 individual townhome lots shown on Lot 3 of the Vesting Tentative Subdivision Map.

B. Minimum Lot Width: A minimum lot width of sixty (60) feet shall be required with the exception of the 38 individual townhome lots as shown on Lot 2 and the 100 individual townhome lots shown on Lot 3 of the Vesting Tentative Subdivision Map.

C. Maximum Residential Density: A maximum residential density of one (1) residential dwelling unit per one thousand (1,000) square feet of total site area shall be permitted, not to exceed the maximum residential density allowed in the Community Commercial Mixed Use Land Use Designation. A total of 1,422 multifamily residential units as approved with the associated Development Plan shall not be exceeded unless subsequently approved through a modification to the Development Plan. Residential density limits shall apply across the total site area within the Northgate Town Square PD District, not by individual parcel.

D. Floor Area Ratio (Maximum Nonresidential Intensity): A maximum floor area ratio (FAR) of .30 shall apply to non-residential uses on the site. FAR limits shall apply across the total site area within the Northgate Town Square PD District, not by individual parcel.

FAR shall be calculated as total building square footage (gross floor area) divided by the total site area excluding public streets. Total building square footage shall exclude parking areas or garages (covered or uncovered), residential components of a mixeduse project, hotels, and non-leasable covered atriums. Total site area shall not exclude any portions of the site that may be developed, in whole or in part, with residential uses.

E. Maximum Lot Coverage: There is no maximum lot coverage restriction within the Northgate Town Square Planned Development District.

F. Minimum Yards: No minimum yards are required, except that, where the frontage of a parcel is located directly across from the R7.5 district or other residential district with the same front yard setback, the front yard setback shall be ten (10) feet, with an average front yard setback across the affected parcel of fifteen (15) feet.

G. Maximum Height of Structure: Buildings may be built at a maximum height of 78 feet pursuant to the incentive/concession awarded under the State Density Bonus Law, and including an additional 12 feet of building height for projections for non-habitable space.

Further exclusions to the maximum building height for non-habitable space are permissible pursuant to San Rafael Municipal Code Section 14.16.120 and as approved with the Environmental and Design Review Permit for the Northgate Town Square Project.

H. Minimum Landscaping:
i. A minimum of fifteen (15%) percent of the total site area within the Northgate Town Square PD District shall be landscaped.
ii. A minimum of ten (10) feet of any front setback shall be landscaped. Landscaped portions of the public right-of-way may be included, subject to approval by the hearing body.
6 I. Minimum Private Open Space: A minimum of 150 square feet of private usable open space shall be provided for each residential unit. Private usable open space may include common open space such as the pool deck and amenity areas provided for each of the proposed multi-family residential buildings with a minimum dimension of 12 feet or through private balconies or patios with a minimum dimension of 6 feet.

J. Vehicular Parking:
i. Parking requirements shall be as specified in the San Rafael Municipal Code, except that all such requirements may be satisfied anywhere across the total site area within the Northgate Town Square PD District.
ii. Reductions in the total parking may be granted by the Zoning Administrator, subject to the provisions of SRMC Section 14.18.080. Any such reductions shall be supported by a shared parking demand study prepared by a qualified transportation engineer or other qualified parking professional.
iii. No onsite parking can be required by the City consistent with the provisions of California Government Code section 65863.2 (Assembly Bill No. 2097 (2022)) and based on the project’s location within ½ mile of the Civic Center SMART station.

K. Electric Vehicle Parking: Electrical Vehicle Parking shall be provided (1) consistent with the PD standards identified below and as shown in approved plans for the Northgate Town Square Project, including the certified EIR for the project, OR (2) as required by the California Building Code at the time of building permit application, whichever is greater.

Electric Vehicle Parking shall meet or exceed that approved with the Northgate Town Square Project, including:
i. Reconfigured Commercial Parking in Phase 1 (Sheet RT-1) a. 45% EV Capable
b. 33% Active EV charging stations
c. 50% Designated for clean air vehicles
ii. Reconfigured Commercial Parking in Phase 2 (Sheet RT-35) a. 45% EV Capable
b. 25% Active EV charging stations
c. 85 spaces Designated for clean air vehicles
iii. Residential 1 and 2
a. 15% of guest parking shall have active EV charging stations b. 85% of guest parking shall be EV Ready
c. A 40 ampere 208/240 volt dedicated EV branch circuit shall be installed in the garage of each townhome unit
iv. Residential 3, 4, 5, and 6
a. 15% active EV charging stations
b. 85% EV Ready
7 L. Bike Parking: Bike parking is required for all development within the PD, including bike parking for commercial and residential land uses and including both short term and long term bike parking facilities. Bike parking shall meet or exceed that approved with the Northgate Town Square Project as shown on Sheets L-3 or L-38 of exhibits.

M. Access: All residential units shall have a separate and secured entrance and exit.

N. Lighting: To ensure that residential uses in commercial areas are not adversely affected by adjacent uses, a minimum of one foot-candle at ground level shall be provided in all exterior doorways and vehicle parking areas.

O. Signage: The Master Sign Program approved pursuant to Resolution XX-XX specifying the property name, logo, taglines, fonts, colors, and sign design used on all freestanding and building attached signs shall regulate all signage within the Northgate Town Square Planned Development District.

P. Trash, Recycling, and Green Waste: Trash, recycling, and green waste management shall be consistent with those shown in Northgate Town Square Project exhibits.

Q. Fences and Walls
i. Non-Residential Uses. An administrative environmental and design review permit shall be required for all non-residential fences over seven (7) feet in height to ensure the fence conforms to the design and development standards of the Northgate Town Square PD District and is compatible with the immediate surrounding properties in the neighborhood. Where a parcel is developed with, abutting, or surrounded by, a residential use, fence heights shall be the same as required for residential uses as specified in (N)(ii), unless an alternate fence height can be justified through the administrative design review process. ii. Residential Uses. The following height limitations shall apply to the height of all residential fences and walls.
a. Permitted in Front and Street Side Yard Areas. The following may be located within the front and street side yard:

1. Fences and retaining walls not exceeding five (5) feet in height, may be located within the front or street side yard setback, provided that the fence or wall shall not conflict with the sight distance requirements set forth in Section 14.16.295 of the San Rafael Municipal Code.

2. Minor decorative entryway treatments no taller than eight and one-half (8.5) feet in height, such as a trellis arch or a lattice arch, are permitted within the front or street side yard, provided that it does not conflict with the sight distance requirements set forth in Section 14.16.295 of the San Rafael Municipal Code.
b. Permitted in Rear Yard and Interior Side Yard Areas. The following may be located within the rear yard and interior side yard:

1. Fences not exceeding seven (7) feet in height may be located within the rear yard or interior side yard.
8 2. Retaining walls not exceeding four (4) feet in height may be located within the rear yard and interior side yard.
c. Permitted with Required Planning Permits. The following may be permitted for all residential fences with prior approval of design review (pursuant to Section 14.25.040.C of the San Rafael Municipal Code) and/or exception (pursuant to Chapter 14.24 of the San Rafael Municipal Code) as noted:

1. Fences exceeding seven (7) feet in height up to nine (9) feet in height may be located in the interior side or rear yard where topography or difference in grade between adjoining sites warrants such increase, subject to administrative design review and exception.

2. Fences in the front yard or street side yard may be increased by a maximum of two (2) feet to prevent access to natural or physical hazardous conditions either on the lot or on an adjacent lot, subject to administrative design review and exception.

3. An exception to the residential fence and walls height standards may be allowed as noted above, subject to the provisions of San Rafael Zoning Ordinance Chapter 14.24, Exceptions. Exceptions for height should include a landscape setback buffer between the fence or wall and the public right of way, in order to mitigate the impact of a taller fence or wall along the streetscape. A minimum setback buffer of six (6) inches should be provided for each one (1) foot of increased height.

4. A building permit may be required for fences over seven (7) feet in height and retaining walls over four (4) feet or walls that support the adjacent hillside or property improvements, as determined by the building code.

R. Outdoor Eating Areas: The area inside any Outdoor Eating Area, the adjacent areas outside of the eating area, and all appurtenances related thereto, shall be steam cleaned or pressure washed on a quarterly basis, and shall be maintained in good repair and in a clean and attractive condition as determined by the Community and Economic Development Director. Outdoor Eating Areas shall not be subject to the requirements in SRMC Section 14.17.110 that such areas be conducted as an accessory use to a legally established restaurant or food service establishment and that such areas not exceed twenty-five percent (25%) of the indoor seating area. No such size limit applies within the PD District.

S. Green Building Provisions: The Northgate Town Square PD is approved to facilitate the redevelopment of the existing Northgate Mall into a robust mixed use development inclusive of residential, commercial, publicly accessible open space and multi-modal connectivity and to highlight development that meets and exceeds green building standards, including the following that shall be the minimum standards for all development within the PD District:
i. All residential construction shall be all-electric with no natural gas fuel and including all amenities such as pool and spa heating and barbeques and fire pits 9 ii. All fire pits or similar amenities used in common spaces and including the Town Square shall be electric and shall not use natural gas or propane. iii. While gas facilities for commercial kitchen is allowed, it is strongly encouraged that any new facilities consider advances in technology to allow conversion to fully electric appliances.
iv. Electric Vehicle infrastructure shall meet or exceed requirements listed above v. All new residential and new residential mixed-use construction shall provide rooftop solar and battery backup that meets or exceeds current requirements in the California Building Code and as amended by the City of San Rafael. Battery backup shall not be required for townhome development on Lots 2 and 3. vi. All new non-residential construction shall be made ready for installation of rooftop solar and batter back that meets or exceeds current requirements in the California Building Code and as amended by the City of San Rafael. vii. All new buildings, including both residential and commercial, but excluding all existing structures, shall be dual plumbed
viii. All landscaping shall be irrigated with recycled water ix. No artificial turf shall be used for landscape or common area, including the Town Square, but excluding the dog park and any pet relief areas.

DESIGN STANDARDS
All buildings, structures, site improvements, landscaping, parking, and exterior lighting shall be consistent with the Development Plan and conditions of approval set forth in City Council Resolution XXX, which approved the Environmental and Design Review Permit for the Northgate Town Square Project, except as may be amended consistent with the Amendments and Modification provisions in this document. Any site improvements meeting the criteria set forth in Section 14.25.040 of the San Rafael Municipal Code shall be subject to review and approval of an Environmental and Design Review Permit. In addition, all new modifications shall conform to the following standards:
i. Building Orientation. When buildings are adjacent to a street or alley, primary building entrances shall be designed to face the street or alley. ii. Ground Level Utility Location and Utility Screening. Back flow preventers, transformers, and other utilities must be out of sight or in sidewalk vaults. If a back flow preventer cannot be placed in a vault or out of sight, it must be screened from view with either architecture or landscaping. Utility transformers or boxes shall be underground or, if not allowed by PG&E, screened and not visible from the public right of way.
iii. Parking Garages. Parking garage and other service, utility, and loading entries shall be accessed from side streets or rear alleys, where they exist. Any parking visible from the street, shall be screened by continuous landscaping, or other architectural features (i.e., mesh screening, etc.).
10 iv. Facades/Massing. For every 50 feet of building length, there shall be a plane-break along the facade no less than 10 feet in length, which shall extend from grade to the highest story.

For every 100 feet of building length, the plane break will have at least five feet of depth. v. Blank Walls. All building walls shall have a minimum 15% transparency on each floor.

Ground floors without a lobby shall exhibit a variegated façade with changes in transparencies and materials so that no one form represents more than 75% of the surface area. Transparency is defined as any material or area of the façade where it is possible to see through to the next wall or at least 10 ft.-- Blank walls (facades without doors, windows, vertical and irrigated landscaping treatments) shall be less than 30 feet in length. Any blank walls adjacent to alleyways or side-property lines shall be treated with graffiti resistance paint that does not use a glossy finish.
vi. Corner Buildings. For all corner buildings, the corner shall have a separate architectural treatment such as a projection or inset to define the building corner. The treatment shall be minimum of 10 feet of width along each street frontage beginning at the corner. vii. Colors and Materials: The color palette included as part of the Planned Development standards as outlined in this document and exhibits.
viii. Minimum Articulation. All street-facing facades shall have at least one horizontal or vertical projection or recess at least three feet in depth, or two projections or recesses at least two feet in depth, for every 50 linear feet of wall. The articulated elements shall occupy at least 50 percent of the height of the structure and may be grouped rather than evenly spaced in 50-foot modules.
ix. RooftopUtilityScreening.Allmechanicalequipmentshallbescreenedandshall not project above its enclosure. Roof-mounted mechanical equipment shall be screened from public view by a parapet wall, decorative equipment screen, or other architectural treatment. The point of view for determining visibility shall be five feet above grade at a distance of 200 feet from any point of the structure at ground level.

EXHIBITS
The following Exhibits illustrate approved plans for the Northgate Town Square Project as approved by City Council via Resolution No. XXX and shall together create the approved development plan for the Northgate Town Square PD District. • Architectural Plans
• Civil Engineering Plans
• Landscape Plans
• Master Sign Program
• Photometric Study
SUMMARY OF ORDINANCE NO. 2043

AN ORDINANCE OF THE SAN RAFAEL CITY COUNCIL APPROVING

AN AMENDMENT TO THE CITY OF SAN RAFAEL ZONING MAP TO

REZONE THE NORTHGATE TOWN SQUARE REDEVELOPMENT

PROJECT SITE FROM GENERAL COMMERCIAL (GC) TO THE

NORTHGATE TOWN SQUARE PLANNED DEVELOPMENT (PD)

DISTRICT CONSISTENT WITH SAN RAFAEL MUNICIPAL CODE
CHAPTER 14.07 (PLANNED DEVELOPMENT DISTRICT) AND SECTION

14.27.060, APPROVE THE NORTHGATE TOWN SQUARE PD

DEVELOPMENT PLAN, AND APPROVE THE NORTHGATE TOWN

SQUARE PD DEVELOPMENT STANDARDS , TOGETHER WITH

MAKING CEQA FINDINGS OF FACT, ADOPTING A STATEMENT OF

OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION

MONITORING AND REPORTING PROGRAM FOR THE PROJECT
(APNS 175-060-12, 175-060-40, 175-060-59, 175-060-61, 175-060-66, and 175-060-67)
This Summary concerns a proposed ordinance of the City of San Rafael, designated as Ordinance No. 2043, which will amend the San Rafael Zoning Map approve the Northgate Town Square PD Development Plan, and approve the Northgate Town Square Development standards. Ordinance No. 2043 is scheduled for adoption by the San Rafael City Council at its regular meeting of December 17, 2024. The City Clerk has been directed to publish this Summary pursuant to City Charter and California Government Code section 36933(c)(1).

SUMMARY OF AMENDMENT TO MUNICIPAL CODE
Ordinance No. 2043 will amend the City of San Rafael Zoning Map from General Commercial to Planned Development (PD). It will also approve the Northgate Town Square PD Development Plan and approve the Northgate Town Square Development standards thereby entitling a project comprised of two phases:

Phase 1 of the Project consists of demolition of approximately 308,946 square feet of existing commercial space, ongoing use of approximately 457,561 square feet of existing commercial space, construction of approximately 44,380 square feet of new commercial space (resulting in approximately 501,941 square feet of net total commercial space), construction of 864 residential units (inclusive of 87 low-income units), construction of an approximately 56,975 square foot Town Square, construction of an approximately 9,604 square foot bike hub with amenities, and construction of other site improvements including but not limited to bicycle and pedestrian facilities, parking areas, fencing, lighting, landscaping, stormwater management areas, and signage.

Phase 2 of the Project includes demolition of another approximately 339,861 square feet of the original existing commercial space, ongoing use of the remaining approximately 117,700 square feet of original existing commercial space, plus the approximately 44,380 square feet of new Phase 1 commercial space, construction of approximately 57,300 square feet of additional new commercial space (resulting in approximately 219,380 square feet of net total commercial space), and construction of an additional 558 residential units (inclusive of 56 affordable units)
At full buildout, the Project includes 219,380 square feet of commercial space, 1,422 residential units (inclusive of 143 units affordable to lower income households), and all site improvements and amenities including the 56,975 square foot Town Square, 9,604 square foot bike hub with amenities, bicycle and pedestrian facilities, parking areas, fencing, lighting, landscaping, stormwater management areas, and signage.

Copies of Ordinance No. 2043 are available for public review on the City’s website: https://www.cityofsanrafael.org. You may also contact the City Clerk at (415) 485-3066 for information.
________________________________

LINDSAY LARA
San Rafael City Clerk
Dated: 12/06/24
December 10, 2024
Dear Council Member Gulati,
At the December 2, 2024, City Council meeting you were curious regarding why Merlone Geier decided to use natural turf instead of artificial for the Town Square since you cited examples of several high schools and area parks that are putting in artificial turf.

Below is the background of how and why it makes sense to use natural turf.

At the July 18, 2023, Design Review Board (DRB) meeting the DRB members, and most of the public were against artificial turf due to the harmful toxicity. Several items were cited, e.g., when MMWD paid homeowners to replace a lawn with low/no water alternatives but did not include artificial grass as an approved alternative. It considered artificial grass worse for the environment than using water. See attached article below. It’s important to note that as David Geiser stated at the recent City Council meeting the Northgate development will be using recycled water and a sophisticated automated irrigation and drainage system. Therefore, no muddy Town Square.

This article: https://www.nytimes.com/wirecutter/reviews/best-artificial-grass/ highlights the toxicity of artificial turf, the misconception that it doesn’t need water, its lifespan and how nearly impossible it is to dispose of it safely. Researchers don’t know the exact measure of the microplastics entering waterways via runoff from synthetic pitches, but conservative estimates put the number well into the hundreds of kilograms per pitch per year, with some estimates reaching into the thousands.

Looking forward to next weeks City Council meeting.

Sincerely,
Grace Geraghty, Executive Director

____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 4.c
Meeting Date: December 16, 2024

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community & Economic Development
Prepared by: Greg Minor, Assistant Director
Micah Hinkle, Director
City Manager Approval: ______________
TOPIC: NORTHGATE MALL REDEVELOPMENT PROJECT ENVIRONMENTAL CONSULTING

SERVICES
SUBJECT: AUTHORIZE THE CITY MANAGER TO EXECUTE THE THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH LSA ASSOCIATES, INC. FOR

ENVIRONMENTAL CONSULTING SERVICES FOR THE NORTHGATE MALL REDEVELOPMENT PROJECT IN AN AMOUNT OF $105,000, FOR A TOTAL CONTRACT AMOUNT OF $615,851
RECOMMENDATION:

Staff recommends that the City Council authorize the City Manager to execute a third amendment to the professional services agreement with LSA Associates, Inc. for additional environmental consulting services associated with the Northgate Mall Redevelopment Project, in the amount not to exceed $105,000, for a total not to exceed contract amount of $615,851.

BACKGROUND:

The Northgate Mall is a 44.76-acre site consisting of six parcels (APNs: 175-060-12, -40, -59, -61, -66 & 67). Originally opened in 1965 with The Emporium as its original anchor tenant, the Mall is currently developed with 766,512 square feet of commercial space, surface parking lots, and one parking garage structure. In 2017, Melone Geier acquired the project site and, in March 2021, applied for the phased redevelopment of the Mall through the demolition of most of the mall structure including the Sears, Macy's, and Kohl's anchor buildings, redevelopment of commercial spaces, the construction of new commercial pads at the northern periphery of the property, construction of new structured and surface level parking facilities, development of approximately 1,422 multi-family dwelling units, and new community open space and amenities. The applicant proposes to complete this redevelopment in two phases pursuant to its 2025 Master Plan and 2040 Vision Plan. The project requires environmental review pursuant to the California Environmental Quality Act (CEQA). . The project requires environmental review pursuant to the California Environmental Quality Act (CEQA).

In September 2021, following a Request for Proposal (RFP) process, staff selected the firm of LSA Associates, Inc. (“LSA”) as the consultant to prepare an Environmental Impact Report (EIR) for the Northgate Mall redevelopment project.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
ANALYSIS:

City staff have been coordinating the EIR for the Northgate Mall Redevelopment Project since 2021. The City and LSA issued the Draft EIR on January 5, 2024. The public comment period began on January 5, 2024, and ended on March 5, 2024. LSA then reviewed and responded to public comments and released the Final EIR in October 2024. The Planning Commission approved the Final EIR on October 29, 2024, and the City Council considered it at their meeting on December 2, 2024.

The third amendment to the professional services agreement covers the costs associated with finalizing the Final EIR. These additional administrative tasks include time LSA has spent in response to updates to the Project, reviewing additional comment letters, editing the public hearing transcript, and attending City Council meetings, as well as the transportation analysis of their subconsultant.

The contract amendment is proposed with a not-to-exceed amount of $615,851 and captures additional scope items and tasks related to the Final EIR. See Attachment 1 for scope and cost details.

FISCAL IMPACT:

Approval of a third amendment to the professional services agreement with LSA will have no direct fiscal impact on the City’s General Fund. The project applicant is responsible for the costs associated with the Final EIR as agreed upon in their executed Reimbursement Agreement.

OPTIONS:

The City Council has the following options to consider on this matter:

1. Authorize the City Manager to execute the contract amendment as proposed.

2. Do not authorize the City Manager to enter into the agreement and provide further direction to staff.

3. Take no action.

RECOMMENDED ACTION:

ATTACHMENTS:

1. Draft Third Amendment to the Professional Services Agreement with LSA Associates for environmental review services.
1 THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH LSA ASSOCIATES, INC. FOR ENVIRONMENTAL CONSULTING SERVICES FOR

THE NORTHGATE MALL REDEVELOPMENT APPLICATION
THIS THIRD AMENDMENT to the Professional Services Agreement by and between the CITY OF SAN RAFAEL (hereinafter “CITY”), and LSA ASSOCIATES, INC. (hereinafter “CONSULTANT”), is made and entered into as of________________________.

RECITALS
WHEREAS, the CITY and CONSULTANT entered into a Professional Services Agreement dated December 3, 2021 to perform professional services in connection with CITY’S Northgate Mall Redevelopment Application project, for an amount not to exceed $260,350 (the “Agreement”); and
WHEREAS, the CITY and CONSULTANT entered into a First Amendment to the Professional Services Agreement dated November 16, 2023 to perform additional professional services in connection with CITY’S Northgate Mall Redevelopment Application project, for an amount not to exceed $74,606 and increasing the total not to exceed under the Agreement to $334,956; and
WHEREAS, the CITY and CONSULTANT entered into a Second Amendment to the Professional Services Agreement dated July 22, 2024 to perform additional professional services in connection with CITY’S Northgate Mall Redevelopment Application project, for an amount not to exceed $175,895 and increasing the total not to exceed under the Agreement to $510,851; and
WHEREAS, CITY requires additional professional services from the CONSULTANT, and the CONSULTANT is willing to provide such services.

AMENDMENT TO AGREEMENT
NOW, THEREFORE, the parties hereby agree to amend the Agreement as follows:

1. Article II of the Agreement, entitled “DUTIES OF CONSULTANT” is hereby amended to include the additional services set forth in CONSULTANT’s proposal dated November 21, 2024 attached to this Third Amendment as Exhibit A and incorporated herein by reference.
2 2. Article IV of the Agreement, entitled “COMPENSATION” is hereby amended to include additional compensation payable to CONSULTANT for the services described in Exhibit A to this Third Amendment, on a time and materials basis in accordance with the Exhibit A, in a not-to-exceed amount $105,000 and to change the total not-to-exceed amount under the Agreement to $615,851.

3. Except as specifically amended herein, all of the other provisions, terms and obligations of the Agreement between the parties shall remain valid and shall be in full force.

IN WITNESS WHEREOF, the parties have executed this Third Amendment on the day, month, and year first above written.

CITY OF SAN RAFAEL CONSULTANT
______________________________ By:______________________________ CRISTINE ALILOVICH, City Manager
Name:____________________________
Title:_____________________________
ATTEST:
______________________________
LINDSAY LARA, City Clerk
By:_____________________________
APPROVED AS TO FORM: Name:____________________________
Title:_____________________________
______________________________
ROBERT F. EPSTEIN, City Attorney
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 4.d
Meeting Date: December 16, 2024

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Manager
Prepared by: Bernadette Sullivan,
Sr. Management Analyst
City Manager Approval: ______________
TOPIC: LEGISLATIVE ADVOCACY SERVICES AGREEMENT RENEWAL
SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A TWO-YEAR

AGREEMENT WITH EMANUELS JONES & ASSOCIATES FOR LEGISLATIVE ADVOCACY SERVICES IN AN AMOUNT NOT TO EXCEED $93,670
RECOMMENDATION:

Authorize the City Manager to enter into a contract with Emanuels Jones & Associates for legislative advocacy services in an amount not to exceed $93,670.

BACKGROUND:

Since 1998, the eleven Cities and Towns in Marin have contracted for legislative advocacy services with Emanuels Jones via the Marin County Council of Mayors & Councilmembers & Councilmember’s (“MCCMC”). The City of San Rafael has served as the fiscal agent for this contract, coordinating the contracting and payment for Emanuels Jones and the invoicing and reimbursement from the eleven Cities and Towns who each contribute a pro-rated share of the contract costs.

ANALYSIS:

Emanuels Jones, serving as the legislative advocate for the cities and towns of Marin County through the MCCMC, plays a critical role in ensuring our communities and governments are represented effectively in state legislative matters. The scope of work outlined in the contract highlights their comprehensive and responsive approach to legislative advocacy, providing value in the following areas:

1. Legislative Monitoring and Analysis
Emanuels Jones systematically tracks and reviews all legislative bills and amendments, identifying those that may impact MCCMC Cities and Towns. This proactive monitoring ensures early awareness of key legislative proposals, enabling MCCMC to act strategically.

2. Support for MCCMC Legislative Committees
The firm assists MCCMC staff in curating relevant legislative and budget items for discussion at Legislative Committee meetings. This ensures that the Committee’s agenda is informed by expert input and remains focused on critical issues.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2

3. Detailed Reporting
Through regular monthly and weekly reports, Emanuels Jones provides updates on legislative and state budget activities, including the status of bills and lobbying efforts. This consistent communication ensures that the MCCMC has the information needed to stay ahead of legislative developments.

4. Active Advocacy and Representation
Emanuels Jones directly lobbies on behalf of MCCMC, advancing positions adopted by the MCCMC in their legislative platform. Their expertise ensures that Marin’s unique priorities are strongly represented during state-level legislative and budgetary processes.

5. On-Demand Legislative Support
The firm’s availability to respond to city and town staff inquiries ensures municipal stakeholders receive timely and accurate information about legislative matters.

6. Personal Engagement with MCCMC
Regular participation in MCCMC meetings, as well as accessibility for consultations.

FISCAL IMPACT:

The contract cost is split amongst the jurisdictions based on a formula that equally weighs population and assessed valuation (Attachment 3). San Rafael will continue to be the fiscal agent for this contract. The total cost of the contract will not exceed $93,670. San Rafael’s pro rata share of this contract cost will not exceed $26,063.81. Funding to support the contract costs is provided in the approved annual budget through the City Manager’s Office, Contract Services (General Fund – 001).

OPTIONS:

The City Council has the following options to consider on this matter:

1. Staff’s recommended action approving the contract with Emanuels Jones as presented

2. Alter the terms of the contract

3. Direct staff to return with more information

4. Refuse to adopt the Resolution
RECOMMENDED ACTION:

Authorize the City Manager to enter into a contract with Emanuels Jones & Associates for legislative advocacy services in an amount not to exceed $93,670.

ATTACHMENTS:

1. Resolution

2. Draft Professional Services Agreement

3. Allocation of Cost

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL

AUTHORIZING THE INTERIM CITY MANAGER TO ENTER INTO A TWO-YEAR

AGREEMENT WITH EMANUELS JONES & ASSOCIATES FOR LEGISLATIVE ADVOCACY SERVICES IN AN AMOUNT NOT TO EXCEED $93,670
WHEREAS, the Marin County Council of Mayors and Councilmembers (“MCCMC”) Legislative Committee approved entering into an agreement with Emanuels Jones & Associates for professional legislative advocacy services for 2025 and 2026; and WHEREAS, the City of San Rafael (the "City") is a member of MCCMC and has acted as the fiscal agent for the Emanuels Jones contract since 1998; and WHEREAS, The City of San Rafael desires to continue to act as fiscal agent for the Emanuels Jones contract in 2025 and 2026.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City Manager to execute an agreement with Emanuels Jones, in a form to be approved by the City Attorney, for a fee of not to exceed $93,670 for years 2025 and 2026; and
BE IT FURTHER RESOLVED that the City Council authorizes City staff to bill MCCMC members for their share of the contract; and
BE IT FURTHER RESOLVED that this Resolution shall take immediate effect upon adoption.

I, LINDSAY LARA, CLERK of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly adopted by the City Council of the City of San Rafael, Marin County, California, at a regular meeting, held on the 16th day of December 2024, by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

LINDSAY LARA, City Clerk
Rev. 08.22 1

AGREEMENT FOR PROFESSIONAL SERVICES

BY AND BETWEEN

THE CITY OF SAN RAFAEL
AND

EMANUELS JONES & ASSOCIATES, LLC

FOR LEGISLATIVE ADVOCACY SERVICES
This Agreement is made and entered into as of ________________________ (the “Effective Date”), by and between the CITY OF SAN RAFAEL, a chartered California municipal corporation (hereinafter "CITY"), and EMANUELS JONES & ASSOCIATES, LLC, a California limited liability company (hereinafter "CONSULTANT"). CITY and CONSULTANT may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

RECITALS
A. CITY desires to secure professional services more fully described in this Agreement, at Exhibit A, entitled “SCOPE OF SERVICES”; and B. CONSULTANT represents that it, and its subcontractors, if any, have the professional qualifications, expertise, and necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of CITY; and
C. The Parties have specified herein the terms and conditions under which such services will be provided and paid for.

NOW, THEREFORE, the parties hereby agree as follows:

AGREEMENT

1. SERVICES TO BE PROVIDED.

Except as otherwise may be expressly specified in this Agreement, CONSULTANT shall furnish all technical and professional services, including labor, material, equipment, transportation, supervision and expertise (collectively referred to as “Services”) to satisfactorily complete the work required by CITY at its sole risk and expense. Services to be provided to CITY are more fully described in Exhibit A entitled “SCOPE OF SERVICES.” CONSULTANT acknowledges that the execution of this Agreement by CITY is predicated upon representations made by CONSULTANT in that certain proposal, dated October 25, 2024 (“Proposal”) set forth in Exhibit A, which constitutes the basis for this Agreement.

2. COMPENSATION.

For the full performance of the services described herein by CONSULTANT, CITY shall pay CONSULTANT as follows:
v 08.22 2
A. For the 2025 calendar year, beginning on January 1, 2025 and ending December 31, 2025, CITY shall pay CONSULTANT a flat fee in the amount of $3,820 per month, billed monthly in advance, for CONSULTANT' s performance of this Agreement.

B. For the 2026 calendar year, beginning on January 1, 2026 and ending December 31, 2026, CITY shall pay CONSULTANT a flat fee in the amount $3,915 per month, billed monthly in advance, for CONSULTANT's performance of this Agreement.

C. CITY shall reimburse CONSULTANT's direct costs for travel and FPPC filing fees in amount not to exceed $850.

The total not-to-exceed amount of this Agreement is $93,670.

CITY will pay CONSULTANT within thirty (30) days of City’s receipt of itemized invoices submitted by CONSULTANT.

3. TERM OF AGREEMENT.

Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on the Effective Date of this Agreement and terminate on December 31, 2026.

4. PROJECT COORDINATION.

A. CITY’S Project Manager. John Stefanski, Assistant City Manager is hereby designated the PROJECT MANAGER for the CITY and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement.

B. CONSULTANT’S Project Director. CONSULTANT shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONSULTANT. Kyra Emanuels Ross is hereby designated as the PROJECT DIRECTOR for CONSULTANT. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONSULTANT shall notify the CITY within ten (10) business days of the substitution.

5. TERMINATION.

A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party.

B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period.

C. Effect of Termination. Upon receipt of notice of termination, neither party shall v 08.22 3
incur additional obligations under any provision of this Agreement without the prior written consent of the other.

D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONSULTANT and any and all of CONSULTANT's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination.

6. OWNERSHIP OF DOCUMENTS.

The written documents and materials prepared by the CONSULTANT in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement.

7. INSPECTION AND AUDIT.

Upon reasonable notice, CONSULTANT shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONSULTANT in connection with its performance of its duties under this Agreement. CONSULTANT shall fully cooperate with CITY or its agent in any such audit or inspection.

8. ASSIGNABILITY.

The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.

9. INSURANCE REQUIREMENTS.

During the term of this Agreement, and for any time period set forth in Exhibit B, CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY insurance policies with respect to employees and vehicles assigned to the performance of Services under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in Exhibit B.

10. INDEMNIFICATION.

A. Except as otherwise provided in subparagraph B of this section, CONSULTANT shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the “City Indemnitees”), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively “CLAIMS”), arising out of CONSULTANT’S performance of its obligations or conduct of its operations under this Agreement. The CONSULTANT's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive v 08.22 4
negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the CONSULTANT's indemnification obligation shall be reduced in proportion to the City Indemnitees’ share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONSULTANT’s work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONSULTANT’s indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONSULTANT’S performance of or operations under this Agreement, CONSULTANT shall provide a defense to the City Indemnitees or at CITY’S option reimburse the City Indemnitees their costs of defense, including reasonable attorneys’ fees, incurred in defense of such claims.

B. Where the services to be provided by CONSULTANT under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, then, to the extent permitted by law including without limitation, Civil Code sections 2782, 2782.6 and 2782.8, CONSULTANT shall indemnify and hold harmless the CITY and its officers, officials, and employees (collectively City Indemnitees) from and against damages, liabilities or costs (including incidental damages, Court costs, reasonable attorney’s fees as may be determined by the Court, litigation expenses and fees of expert witnesses incurred in connection therewith and costs of investigation) to the extent they are caused by the negligence, recklessness, or willful misconduct of CONSULTANT, or any subconsultants, or subcontractor or anyone directly or indirectly employed by them, or anyone for whom they are legally liable (collectively Liabilities). Such obligation to hold harmless and indemnify any indemnity shall not apply to the extent that such Liabilities are caused in part by the negligence or willful misconduct of such City Indemnitee.

C. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law.

11. NONDISCRIMINATION.

CONSULTANT shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement.

12. COMPLIANCE WITH ALL LAWS.

CONSULTANT shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONSULTANT shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONSULTANT shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations.
v 08.22 5

13. NO THIRD PARTY BENEFICIARIES.

CITY and CONSULTANT do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party.

14. NOTICES.

All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows:

To CITY’s Project Manager:

John Stefanski
Assistant City Manager
1400 Fifth Avenue
San Rafael, CA 94901
To CONSULTANT’s Project Director:

Kyra Emanuels Ross
President, Emanuels Jones & Associates, LLC
1400 K Street, Suite 306
Sacramento, CA 95814

15. INDEPENDENT CONTRACTOR.

For the purposes, and for the duration, of this Agreement, CONSULTANT, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONSULTANT and CITY expressly intend and agree that the status of CONSULTANT, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY.

16. ENTIRE AGREEMENT -- AMENDMENTS.

A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement.

B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONSULTANT and the CITY.

C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement.

D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONSULTANT and the CITY. v 08.22 6
E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control.

17. SET-OFF AGAINST DEBTS.

CONSULTANT agrees that CITY may deduct from any payment due to CONSULTANT under this Agreement, any monies which CONSULTANT owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts.

18. WAIVERS.

The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation.

19. COSTS AND ATTORNEY'S FEES.

The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action.

20. CITY BUSINESS LICENSE / OTHER TAXES.

CONSULTANT shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code, and CONSULTANT shall pay any and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any work performed under this Agreement, until CONSULTANT has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification).

21. SURVIVAL OF TERMS.

Any terms of this Agreement that by their nature extend beyond the term (or termination) of this Agreement shall remain in effect until fulfilled and shall apply to both Parties’ respective successors and assigns.
v 08.22 7

22. APPLICABLE LAW.

The laws of the State of California shall govern this Agreement.

23. COUNTERPARTS AND ELECTRONIC SIGNATURE.

This Agreement may be executed by electronic signature and in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one document.

Counterpart signature pages may be delivered by telecopier, email or other means of electronic transmission.
[Signatures are on the following page.]
v 08.22 8
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written.

CITY OF SAN RAFAEL:
_________________________________
CRISTINE ALILOVICH, City Manager
APPROVED AS TO FORM:

Office of the City Attorney
_________________________________
By: ROBERT F. EPSTEIN, City Attorney
ATTEST:

City Clerk
_________________________________
LINDSAY LARA, City Clerk
CONSULTANT:
__________________________________
By: ____________________________
Name: ____________________________
Title: ____________________________
[If CONSULTANT is a corporation, add
signature of second corporate officer]
__________________________________
By: ____________________________
Name: ____________________________
Title: ____________________________
Rev. 08.22 A-1

EXHIBIT A

SCOPE OF SERVICES
The Services to be performed for CITY by CONSULTANT under this Agreement are more fully described in CONSULTANT’s proposal, which is attached to this Exhibit A.

Bernadette Sullivan
Senior Management Analyst
O6ice of the City Manager
1400 Fifth Avenue, Room 203
San Rafael, CA 94901
October 25, 2024
Dear Ms. Sullivan,
It has been an absolute pleasure to provide lobbying services for the Marin County Council of Mayors and Councilmembers. We’ve had a successful year in 2024, tracking more than 125 measures and weighing in on 15 bills and one budget item.

The current contract with Emanuels Jones & Associate (EJA) expires at the end of this calendar year. I am proposing to renew the contract for an additional two years, to December 2026. Based on the previous contract, I’d recommend the following fee schedule:
2025 flat fee of $3,820.00 per month
2026 flat fee of $3,915.00 per month.

FPPC filing fees and direct costs for travel not-to-exceed: $850.00 Total not-to-exceed amount for two-year contract of $93,670.00 Additionally, the existing contract does not provide an expansive scope of work, so I’ve attached (Exhibit A) more comprehensive scope of work for you.

Please let me know if you have any questions or need any additional information.

Best,
Kyra Emanuels Ross
President, Emanuels Jones & Associates, LLC
Exhibit A
Duties of Contractor/Scope of Work:

1. Provide consulting services as a lobbyist on pertinent municipal matters on behalf of the Cities and Towns of Marin County, through the Legislative Committee of the Marin County Council of Mayors and Councilmembers (“MCCMC”)

2. Read all bills and bill amendments, tracking and identifying any legislation that may be impactful to MCCMC Cities and Towns.

3. Assist MCCMC sta6 in identifying bills and budget items for discussion before MCCMC Legislative Committee Meetings.

4. Travel to MCCMC meetings to meet with members upon request.

5. Provide monthly reports at the MCCMC meeting on legislative and state budget activity, bills tracked and lobbying activity.

6. Provide weekly reports on state budget and legislative activity, bills tracked and lobbying activity.

7. Lobby on behalf of MCCMC for positions adopted by MCCMC.

8. Unlimited general legislative inquiry service: Respond to City or Town sta6 questions about legislation, committee analyses, budget or impact of legislation on the cities or towns. Be available by phone, text or email for direct consultation on any matter relating to State legislative or administrative matters.

Rev. 08.22 B-1

EXHIBIT B

INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth below, CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY insurance policies with respect to employees and vehicles assigned to the performance of Services under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in this Exhibit B.

A. Scope of Coverage. During the term of this Agreement, CONSULTANT shall maintain, at no expense to CITY, the following insurance policies:

1. Commercial general liability. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage.

2. Automobile liability. An automobile liability (owned, non-owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence.

3. Professional liability. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover any claims arising out of the CONSULTANT's performance of services under this Agreement. Where CONSULTANT is a professional not required to have a professional license, CITY reserves the right to require CONSULTANT to provide professional liability insurance pursuant to this section.

4. Workers’ compensation. If it employs any person, CONSULTANT shall maintain workers’ compensation insurance, as required by the State of California, with statutory limits, and employer’s liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. CONSULTANT’s workers’ compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY.

B. Other Insurance Requirements. The insurance coverage required of the CONSULTANT in subparagraph A of this section above shall also meet the following requirements:

1. Except for professional liability insurance or workers’ compensation insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additional insureds (for both ongoing and completed operations) under the policies.

2. The additional insured coverage under CONSULTANT’s insurance policies shall be “primary and noncontributory” with respect to any insurance or coverage maintained by CITY and shall not call upon CITY'sinsurance or self-insurance coverage for any contribution. The “primary and noncontributory” coverage in CONSULTANT’S policies shall be at least as broad as v 08.22 B-2
ISO form CG20 01 04 13.

3. Except for professional liability insurance or workers’ compensation insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury.

4. By execution of this Agreement, CONSULTANT hereby grants to CITY a waiver of any right to subrogation which any insurer of CONSULTANT may acquire against CITY by virtue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer.

5. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years.

6. The insurance policies shall provide for a retroactive date of placement coinciding with the Effective Date of this Agreement.

7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before CITY’S own insurance or self-insurance shall be called upon to protect it as a named insured.

8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the CONSULTANT under this Agreement.

9. CONSULTANT agrees to ensure that subcontractors, and any other party involved with the Services, who is brought onto or involved in the performance of the Services by CONSULTANT, provide the same minimum insurance coverage required of CONSULTANT, except as with respect to limits. CONSULTANT agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. CONSUTLANT agrees that upon request by CITY, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the performance of Services will be submitted to CITY for review.

10. CONSULTANT agrees to be responsible for ensuring that no contract used by any party involved in any way with the Services reserves the right to charge CITY or CONSULTANT for the cost of additional insurance coverage required by this Agreement. Any v 08.22 B-3
such provisions are to be deleted with reference to CITY. It is not the intent of CITY to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against CITY for payment of premiums or other amounts with respect thereto.

C. Deductibles and SIR’s. Any deductibles or self-insured retentions in CONSULTANT's insurance policies must be declared to and approved by the CITY and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured party. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney’s fees and defense expenses.

D. Proof of Insurance. CONSULTANT shall provide to the PROJECT MANAGER all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement.

CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from CONSULTANT. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by the CITY.

MCCMC Lobbyist
2025 Calendar Year - Apportionment of Costs
Agency 2023 Population* Prorata Share Prorata Share 50% 2024 Assessed Valuation** Prorata Share Prorata Share 50% Totals 93,670.00 Estimated t Belvedere 2,043 0.01 $ 506.33 $ 253.17 3,044,354,000.00 0.04 $ 1,912.03 $ 956.01 $ 1,209.18 46,265.00 Calendar ye Corte Madera 9,882 0.05 $ 2,449.14 $ 1,224.57 4,535,440,000.00 0.06 $ 2,848.52 $ 1,424.26 $ 2,648.83 47,405.00 Calendar ye Fairfax 7,371 0.04 $ 1,826.82 $ 913.41 1,990,922,000.00 0.03 $ 1,250.41 $ 625.21 $ 1,538.62 Larkspur 12,655 0.07 $ 3,136.40 $ 1,568.20 5,562,688,000.00 0.08 $ 3,493.69 $ 1,746.84 $ 3,315.04 Mill Valley 13,635 0.07 $ 3,379.28 $ 1,689.64 7,762,490,000.00 0.11 $ 4,875.29 $ 2,437.64 $ 4,127.28 Novato 51,140 0.27 $ 12,674.46 $ 6,337.23 14,252,095,000.00 0.19 $ 8,951.13 $ 4,475.57 $ 10,812.80 Ross 2,272 0.01 $ 563.09 $ 281.54 2,682,781,000.00 0.04 $ 1,684.94 $ 842.47 $ 1,124.01 San Anselmo 12,426 0.07 $ 3,079.64 $ 1,539.82 4,460,500,000.00 0.06 $ 2,801.45 $ 1,400.73 $ 2,940.55 San Rafael 59,585 0.32 $ 14,767.46 $ 7,383.73 17,481,124,000.00 0.24 $ 10,979.15 $ 5,489.58 $ 12,873.30 Sausalito 6,856 0.04 $ 1,699.18 $ 849.59 4,755,439,000.00 0.06 $ 2,986.69 $ 1,493.34 $ 2,342.93 Tiburon 8,809 0.05 $ 2,183.21 $ 1,091.60 7,135,810,000.00 0.10 $ 4,481.70 $ 2,240.85 $ 3,332.45 TOTALS 186,674 1 $ 46,265.00 $ 23,132.50 $ 73,663,643,000.00 1 $ 46,265.00 $ 23,132.50 $ 46,265.00 * Per State Dept. of Finance (source: http://www.dof.ca.gov/Forecasting/Demographics/Estimates/E-1/ **Per BOE, Assessed Property Values (source: https://www.boe.ca.gov/dataportal/dataset.htm?url=PropTaxAssessedValueStateCountyIncorp) MCCMC Lobbyist
2026 Calendar Year - Apportionment of Costs
Agency 2024 Population* Prorata Share Prorata Share 50% 2024 Assessed Valuation** Prorata Share Prorata Share 50% Totals 93,670.00 Estimated t Belvedere 2,043 0.01 $ 518.81 $ 259.41 3,044,354,000.00 0.04 $ 1,959.14 $ 979.57 $ 1,238.98 46,265.00 Calendar ye Corte Madera 9,882 0.05 $ 2,509.49 $ 1,254.74 4,535,440,000.00 0.06 $ 2,918.71 $ 1,459.35 $ 2,714.10 47,405.00 Calendar ye Fairfax 7,371 0.04 $ 1,871.83 $ 935.92 1,990,922,000.00 0.03 $ 1,281.22 $ 640.61 $ 1,576.53 Larkspur 12,655 0.07 $ 3,213.68 $ 1,606.84 5,562,688,000.00 0.08 $ 3,579.77 $ 1,789.89 $ 3,396.73 Mill Valley 13,635 0.07 $ 3,462.55 $ 1,731.27 7,762,490,000.00 0.11 $ 4,995.42 $ 2,497.71 $ 4,228.98 Novato 51,140 0.27 $ 12,986.77 $ 6,493.38 14,252,095,000.00 0.19 $ 9,171.70 $ 4,585.85 $ 11,079.23 Ross 2,272 0.01 $ 576.96 $ 288.48 2,682,781,000.00 0.04 $ 1,726.46 $ 863.23 $ 1,151.71 San Anselmo 12,426 0.07 $ 3,155.53 $ 1,577.76 4,460,500,000.00 0.06 $ 2,870.48 $ 1,435.24 $ 3,013.00 San Rafael 59,585 0.32 $ 15,131.34 $ 7,565.67 17,481,124,000.00 0.24 $ 11,249.68 $ 5,624.84 $ 13,190.51 Sausalito 6,856 0.04 $ 1,741.05 $ 870.52 4,755,439,000.00 0.06 $ 3,060.28 $ 1,530.14 $ 2,400.67 Tiburon 8,809 0.05 $ 2,237.00 $ 1,118.50 7,135,810,000.00 0.10 $ 4,592.13 $ 2,296.07 $ 3,414.57 TOTALS 186,674 1 $ 47,405.00 $ 23,702.50 $ 73,663,643,000.00 1 $ 47,405.00 $ 23,702.50 $ 47,405.00 * Per State Dept. of Finance (source: http://www.dof.ca.gov/Forecasting/Demographics/Estimates/E-1/ **Per BOE, Assessed Property Values (source: https://www.boe.ca.gov/dataportal/dataset.htm?url=PropTaxAssessedValueStateCountyIncorp) ____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 4.e
Meeting Date: December 16, 2024

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Megan Kelly, Assistant Engineer
April Miller, Director of Public Works
City Manager Approval: __________
TOPIC: PEACOCK GAP PARK PLAYGROUND IMPROVEMENT PROJECT
SUBJECT: AWARD THE CONSTRUCTION AGREEMENT TO RAPID GRADING

SERVICES AND AUTHORIZE SUPPLEMENTAL BUDGET APPROPRIATIONS

FOR THE PEACOCK GAP PARK PLAYGROUND IMPROVEMENT PROJECT RECOMMENDATION:

Staff recommends that the City Council take the following actions:

1. Award the construction agreement (the “Construction Agreement”) for the Peacock Gap Park Playground Improvement Project (the “Project”) to Rapid Grading Services; authorize the City Manager to execute the Construction Agreement in the amount of $804,950; and authorize the City Manager to amend the contract amount using contingency funds of $120,050 for a total not to exceed amount of $925,000 for the Project.

2. Authorize a supplemental budget appropriation in the amount of $210,000 from the Parks Measure A Fund (Fund 241) for the Project.

3. Approve plans and specifications for the Project (also referred to as “City Project No. 11436”), deemed reasonable by the City Engineer, on file in the Department of Public Works.

BACKGROUND:

Peacock Gap Park is a neighborhood park located on 4.1 acres of land in the San Pedro Peninsula of San Rafael. Park amenities include a playground, restroom, tennis courts, picnic tables, and a parcourse. Peacock Gap is one of the City’s most frequently visited parks and is proposed as one of the near-term priority park projects in the 2023 Citywide Parks and Recreation Master Plan (CPRMP).

While the CPRMP identifies several improvements for Peacock Gap Park, this Project will focus on the play areas. This includes redesigning the existing play area to replace the playground structures, installing engineered wood surfacing and landscaping, addressing ADA access and parking access, and upgrading nearby benches and picnic tables.

On December 18, 2023, the City Council authorized the City Manager to enter into a $130,000 Professional Services Agreement with Royston, Hanamoto, Alley & Abey (RHAA) for landscape architectural and engineering design services, including construction administration support for the Project. City staff and RHAA had conducted site visits to confirm the Project limits. In March 2024 the City entered into a task order agreement of $15,005 with BKF Engineers under the City’s Service Level Agreement to prepare a topographic survey to be used for design development.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
A public outreach event was held on June 22, 2024, and an online survey was sent to collect community input regarding the newly proposed playground area. A preferred option was presented and approved as recommended by city staff at the Parks and Recreation Commission on August 8, 2024.

ANALYSIS:

On October 23, 2024, the Project was advertised in accordance with San Rafael’s Municipal Code. On November 13, 2024, the following bids were received and read aloud:

Business Bid Alternate Total Bid Total
Rapid Grading Services $39,379.23 $804,950.00
M3 Integrated Services, Inc $67,200.00 $939,659.00
Zara Construction $96,000.00 $943,622.00
JPB Designs Inc $136,500.00 $967,730.00
Bauman Landscape and Construction, Inc. $66,740.00 $985,807.00 ERA.CO $88,510.00 $1,026,054.80
Nicolas Hernandez Lopez $64,500.00 $1,076,794.00
LVI Engineering Inc $130,059.00 $1,370,071.20
The construction bids have been reviewed by Public Works staff, and the low bid from Rapid Grading Services of $804,950 was found to be both responsive and responsible.

City staff recommends awarding the construction agreement to Rapid Grading Services for the amount bid and recommends the City Council authorize a construction contingency of $120,050, approximately 15 percent, for a total amount of $925,000. The Public Works Director will be authorized to issue any change order to the contract within the total contingency amount. The construction agreement will be in a form approved by the City Attorney.

PUBLIC OUTREACH:

The City of San Rafael partnered with the Peacock Gap HOA to hold a community outreach event.

Residents living in the Peacock Gap Neighborhood were notified of the event and online survey through a notice sent by mail in June 2024. Posters with information for the survey were posted at the park, and the survey was also made available on our City’s website:
https://www.cityofsanrafael.org/peacock-gap-park-playground-improvements/.

The event was held on June 22, 2024, at Peacock Gap Park, and the online survey remained open until June 30, 2024. A total of 191 responses were received, with 89 coming from the outreach event and 102 responses coming from the online survey.

ENVIRONMENTAL DETERMINATION:

A CEQA Notice of Exemption (Attachment 1) was filed with the Marin County Recorder’s office on November 21, 2024. The Project is determined to be exempt based on CEQA Section 15301, Existing Facilities, which allows exemptions for repair and maintenance projects involving minor alterations of existing public or private structures with no expansion of existing or former use.

FISCAL IMPACT:

Appropriations of Parks Measure A funds (Fund 241) in the amount of $725,000 for the construction of this Project were included in the FY 2024-25 Budget approved by the City Council on June 17, 2024. The recommendations in this staff report will authorize $925,000 for the construction of the Peacock Gap Park Playground Improvement Project and a supplemental budget appropriation in the amount of $210,000 (Fund 241) to support the total Project cost. The SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
supplemental budget appropriation includes $10,000 for miscellaneous construction support services such as construction notification and third-party playground equipment inspection(s).

OPTIONS:

The City Council has the following options to consider on this matter:

1. Award the contract as recommended.

2. Do not award the contract and direct staff to rebid the Project. If this option is chosen, rebidding will delay construction by approximately two months.

3. Do not award the contract and provide direction to staff.

RECOMMENDED ACTION:

Staff recommends that the City Council take the following actions:

2. Authorize a supplemental budget appropriation in the amount of $210,000 from the Parks Measure A Fund (Fund 241) for the Project.

3. Approve plans and specifications for the Project, (also referred to as “City Project No. 11436”), deemed reasonable by the City Engineer, on file in the Department of Public Works.

ATTACHMENTS:

1. Filed Notice of Exemption for the Peacock Gap Playground Improvement Project

2. Draft Construction Agreement with Rapid Grading Services x□
Notice of Exemption Appendix E
To: Office of Planning and Research
P .0. Box 3044, Room 113
Sacramento, CA 95812-3044
From: (Public Agency): _M_e_g_an_Ke_l_lY _______ _
City of San Rafael
111 Morphew St, San Rafael, CA 94901
County Clerk
County of: _M_ar_in ------
Project Title: Peacock Gap Park Playground Improvement Project Project Applicant: City of San Rafael
Project Location - Specific:

Peacock Gap Park, APNs 186-470-90 & 186-470-81
(Address)
Project Location - City: San Rafael Project Location - County: _M_a_r_in ______ _ Description of Nature, Purpose and Beneficiaries of Project:

Remove and replace existing playground equipment, and improve accessibility around the park primarily to the playground area.

Name of Public Agency Approving Project: _C_i_ty_o_f_S_a_n_ R_a_f_a_el ______________ _ Name of Person or Agency Carrying Out Project: _C_l_ty_o_f_S_a_n_ R_a_f_a_el ____________ _ Exempt Status: (check one):

D Ministerial (Sec. 21080(b)(1 ); 15268);
D Declared Emergency (Sec. 21080(b)(3); 15269(a));
D Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
G Categorical Exemption. State type and section number: Section 15301 Existing Facilities □ Statutory Exemptions. State code number: __________________ _ Reasons why project is exempt:

Section 15301 - Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.

Lead Agency
Contact Person : Megan Kelly Area Code/Telephone/Extension: 415- 4s5-3454
If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a Notice of xemption been filed by the public agency approving the project? Yes No Signature:
■ Signed by Lead Agency Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code.

Reference: Sections 21108, 21152, and 21152.1 , Public Resources Code.

Title: Assistant Civil Engineer
Date Received for filing at OPR: ____ _
Revi sed 2011
Pri nt Form
11/21/2024
196
11/21/2024 12/21/2024
State of California - Department of Fish and Wildlife
2024 ENVIRONMENTAL DOCUMENT FILING FEE

CASH RECEIPT
DFW 753.5a (REV. 01/01/24) Previously DFG 753.5a
SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY.

LEAD AGENCY I LEADAGENCY EMAIL

CITY OF SAN RAFAEL

COUNTY/STATE AGENCY OF FILING
!Marin I

PROJECT TITLE
Print Save
RECEIPT NUMBER:
21 11/21/2024 196
STATE CLEARINGHOUSE NUMBER (If applicable)
DATE
11/21/2024

DOCUMENT NUMBER

PEACOCK GAP PARK PLAYGROUND IMPROVEMENT PROJECT

PROJECT APPLICANT NAME PROJECT APPLICANT EMAIL PHONE NUMBER

CITY OF SAN RAFAEL

PROJECT APPLICANT ADDRESS CITY
111 MORPHEW ST SAN RAFAEL
PROJECT APPLICANT (Check appropriate box)
0 Local Public Agency D School District D Other Special District CHECK APPLICABLE FEES:

D Environmental Impact Report (EIR)
D Mitigated/Negative Declaration (MND)(ND)
D Certified Regulatory Program (CRP) document - payment due directly to CDFW ~ Exempt from fee
E] Notice of Exemption (attach)
D CDFW No Effect Determination (attach)
D Fee previously paid (attach previously issued cash receipt copy) D Water Right Application or Petition Fee (State Water Resources Control Board only) 0 County documentary handling fee
D Other
PAYMENT METHOD:
(415)485-3454

STATE ZIP CODE
CA 94901
D State Agency D Private Entity
$4,051.25
$2,916.75
$1,377.25
$850.00 $
$
$
$ 0.00 ----------
$ 0.00 ----------
$ 0.00 -----------

0.00 50.00
D Cash E'.l Credit □ Check □ Other TOTAL RECEIVED $ 50.00

AGENCY OF FILING PRINTED NAME AND TITLE
MARIN COUNTY CLERK, J.CRUZ, SR DEPUTY CLERK
ORIGINAL - PROJECT APPLICANT COPY - CDFW/ASB COPY - LEAD AGENCY COPY - COUNTY CLERK DFW 753.5a (Rev. 01012024) Peacock Gap Park Playground Improvements 2022 Form CONTRACT 11436 Page 1
Contract
This public works contract (“Contract”) is entered into by and between the City of San Rafael (“City”) and Rapid Services LLC DBA Rapid Grading Services (“Contractor”), for work on the Peacock Gap Park Playground Improvements Project (“Project”).

The parties agree as follows:

1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform the Work to construct the Project. On _________________, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below.

2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract.

2.1 Notice Inviting Bids;

2.2 Instructions to Bidders;

2.3 Addenda, if any;

2.4 Bid Proposal and attachments thereto;

2.5 Contract;

2.6 Payment and Performance Bonds;

2.7 General Conditions;

2.8 Special Conditions;

2.9 Project Plans and Specifications;

2.10 Change Orders, if any;

2.11 Notice of Potential Award;

2.12 Notice to Proceed; and

3. Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents.

4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $804,950 (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions.

5. Time for Completion. Contractor will fully complete the Work for the Project, meeting all requirements for Final Completion, within 100 working days from the commencement date given in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion.

6. Liquidated Damages. As further specified in Section 5.4 of the General Conditions, if Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of $2,000 per day for each day of unexcused delay in achieving Peacock Gap Park Playground Improvements 2022 Form CONTRACT 11436 Page 2
Final Completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.

7. Labor Code Compliance.

7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance, as further specified in Article 9 of the General Conditions.

7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR.

7.3 DIR Registration. City may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions.

8. Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”

9. Conflicts of Interest. Contractor, its employees, Subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement, or in violation of any California law, including Government Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.

10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City.

11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows:

City:

City of San Rafael
Department of Public Works
111 Morphew Street
San Rafael, CA 94901
415-485-3454
Attn: Megan Kelly, Assistant Engineer
Peacock Gap Park Playground Improvements 2022 Form CONTRACT 11436 Page 3
[email protected]
Contractor:

Name: Rapid Grading Services
Address: 23842 Cabot Blvd
City/State/Zip: Hayward, CA 94545
Phone: 650-281-5495
Attn: Yadwinder Singh
Email: [email protected]

12. General Provisions.

12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns.

12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract.

12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Marin County Superior Court, and no other place. Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Marin County, California.

12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract.

12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor.

12.6 Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect.

12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act.

12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code § 313.

Peacock Gap Park Playground Improvements 2022 Form CONTRACT 11436 Page 4
The parties agree to this Contract as witnessed by the signatures below:

CITY: Approved as to form:
s/_______________________________ s/__________________________________ CRISTINE ALILOVICH, City Manager ROBERT F. EPSTEIN, City Attorney Date: ___________________________ Date: ______________________________ Attest:
s/_______________________________
LINDSAY LARA, City Clerk
Date: ___________________________
CONTRACTOR: ___________________________________________________ Business Name
s/_______________________________ Seal:
_________________________________
Name, Title
Date: ____________________________
Second Signature (See Section 12.8):
s/_______________________________
_________________________________
Name, Title
Date: ____________________________
___________________________________________________
Contractor’s California License Number(s) and Expiration Date(s)

END OF CONTRACT
General Info
Alt Total: $39,379.23
Total:
$804,950.00
Number
Peacock Gap Park Playground
Improvements
Deadline
11/13/2024 02:00 PM PST
Vendor
Rapid Grading Services
Submitted
11/13/2024 01:17 PM PST
Signed by
Yadwinder Singh
Account Holder Yadwinder
Singh
Opened
11/13/2024 02:03 PM PST By
[email protected]
Description
The Project is located at the Peacock Gap Park (300 Peacock Dr & 600 Biscayne Dr, APNs 186-470-90 & 186-470-81) within the City of San Rafael and is described as follows:

The project consists of the construction of an accessible parking stall and accessible path through the park, removal and replacement of existing play equipment, and fencing and gate replacement. Add alternate No. 1 includes the replacement of site furnishings and add alternate No. 2 includes the removal and replacement of a water fountain.

Engineer's Estimate - Base Bid: $877,000 With alternatives $941,000 Allows zero unit prices and labor
No
Allows negative unit prices and labor
No

ATTACHMENT LIST
Plans (21 MB)
Specifications (44.6 MB)

BID PROPOSAL
(“Bidder”) *
Rapid Grading Services
hereby submits this Bid Proposal to the City of San Rafael (“City”) for the above-referenced project (“Project”) in response to the Notice Inviting Bids and in accordance with the Contract Documents referenced in the Notice.

1. Base Bid. Bidder proposes to perform and fully complete the Work for the Project as specified in the Contract Documents, within the time required for full completion of the Work, including all labor, materials, supplies, and equipment and all other direct

Page 1 of 10 ends

San Rafael City CouncilDecember 16, 2024

San Rafael City Council
December 16, 2024