Agenda packet — San Rafael City Council, February 17, 2026 (part 3 of 3)

Thank you for your attention to this matter. Please direct all communications regarding this appeal to the undersigned.

Sincerely,
_______________________________
David Wheeler, on behalf of the Owners
cc:

Mayor: Kate Colin - [email protected]
District 1 Councilmember: Maika Llorens Gulati - [email protected] District 2 Councilmember: Eli Hill - [email protected] District 3 Councilmember: Maribeth Bushey - [email protected] District 4 Councilmember: Rachel Kertz - [email protected] City Manager: Cristine Alilovich – [email protected] City Attorney: Robert Epstein - [email protected] City Clerk: Lindsey Lara - [email protected] 492.1 06419947.000
Exhibit “A”
Prior Letter

492.1 06413884.000
November 13, 2025
VIA E-MAIL AND CERTIFIED U.S. MAIL
[email protected]
Micah Hinkle, Director
City of San Rafael
Community & Economic Development Department
1400 Fifth Avenue
San Rafael, CA 94901
Re: 1030 3rd Street – Request for Reasonable Path Forward Regarding Tribal Consultation and Development Timing
Dear Mr. Hinkle:

On behalf of the current owners of the property (“Owners”) located at 1030 3rd Street, San Rafael (the “Property”), I write to express our serious concern and disappointment regarding the City’s extensive and unnecessary delays in processing and handling of the project application for the Property. The Owners are listed on Exhibit “A” to this letter. Our latest concern is the draft Conditions of Approval (“COA’s”) for the project issued last week.

The 121 COA’s would have a significant negative impact on the project’s financial viability and the ability of the Owners to realize the benefits of owning the Property. Moreover, the COA’s are overly burdensome and cumbersome and would make it more difficult to help achieve the City’s stated goal of developing much needed housing in the downtown area.

Conditions 20 and 21 are particularly troublesome. While we respect the cultural heritage of Federated Indians of Graton Rancheria (the “Tribe”) and the City’s desire for cooperative relations, it has become evident that the City’s current posture is over-accommodating the Tribe in a manner that places excessive and unreasonable burdens on the Owners. The Tribe is not a property owner, nor a party to the development, yet the conditions, if implemented, would impose severe delays, increase costs, and effectively prohibit the Property’s timely development - and potentially jeopardize the entire project.

November 13, 2025

Page 2 ends

492.1 06413884.000
This project has already suffered from extensive delays through no fault of the Owners. Over the course of nearly thirty months, the City has caused repeated and unnecessary setbacks to the redevelopment of the property. After being notified in December 2022 of the City’s own error in designating the Property as a historical resource, the City refused to correct the mistake for almost two years, despite multiple professional evaluations, formal correspondence, and repeated demands from the Owners and their counsel. The error was not corrected until October 2024, when the City Council finally adopted a resolution de-listing the property. Once corrected, an Application for Redevelopment was promptly submitted, a complete project application with full architectural, engineering, and third-party reports by February 2025. Rather than processing the application within the normal review period, City staff imposed additional, unwarranted delays throughout 2025. For more than seven months following the February 2025 submission, the application remained inactive without justification. Then, in July 2025, City staff compounded the delay by initiating an open-ended “Tribal consultation” process. That process has since further stalled the project and continues to prevent progress as of the date of this letter. As a result, what should have been a routine four-to-fivemonth approval process has now stretched into a thirty-month delay, materially impairing the Owners’ ability to proceed with development. To now impose yet another indefinite delay at the request of a non-owner third party is not only inequitable but contrary to the City’s own stated policy goals of facilitating housing development and increasing affordability.

The Owners have acted in good faith throughout the process. Some of the Owners are nonprofits and all of the Owners have the right to receive the full benefits of developing the Property. We have already suffered damages from the unnecessary delays for which we will seek redress from the City if the project is lost. The Owners and the applicant have demonstrated full willingness to accommodate reasonable measures that respect Tribal cultural interests without halting construction.

However, the recent demands outlined by the Tribe and the conditions in the COA’s go far beyond what is reasonable or required by law. They create uncertainty that renders construction financing impossible and place an undue financial and operational burden on private property Owners attempting to realize a much-needed multi-family housing project within the City.

The City remains the ultimate decision-maker in this process. Accordingly, it is incumbent on the City to strike a fair and balanced approach, one that honors cultural concerns while also allowing the Property to be developed efficiently and within reasonable economic parameters to further a major goal of the City to expand affordable housing. To that end, the Owners urge the City to modify the November 13, 2025

Page 3 ends

492.1 06413884.000
COA’s as outlined in the letter and attachments submitted by the applicant, which are attached to this letter.

In addition, we respectfully propose that the City adopt the following clear and practical policy for this project:
• Expedite Approval of the Project at the 11/18/2025 Planning Commission Hearing. • Construction should proceed without interruption.
• If cultural or historical materials are unexpectedly discovered, they may be promptly documented and transferred to the Tribe in a culturally appropriate manner. • Such discoveries should not result in project stoppage, excavation shutdowns, or additional procedural layers that jeopardize the construction timeline.

This approach is both responsible and consistent with the City’s stated interest in accelerating the delivery of affordable housing, which this project directly supports. The City has a tremendous opportunity to demonstrate leadership in balancing cultural stewardship with the pressing need for housing and economic vitality in San Rafael.

We appreciate your time and consideration and would welcome a meeting to discuss this matter further at your earliest convenience. That being said, the Owners expressly reserve all rights and remedies available at law and in equity, including the right to pursue appropriate relief for any damages, losses (including diminution in value), or delays resulting from the City’s actions or inactions with respect to this Project.

Sincerely,
_______________________________
David Wheeler, on behalf of the Owners
cc:

492.1 06413884.000
Exhibit “A”
Current Property Owners

1. Sunny Hills Children’s Servicers

2. Elks Lodge No. 1108

3. Janelle Wheeler, a married woman, as her sole and separate property

4. David G. Wheeler and Patricia M. Wheeler, Trustees of the Wheeler Family Trust, under Declaration of Trust dated May 15, 1998

5. Fasano Properties, LLC

6. Barbara D. Reilly, Trustee of the Barbara D. Reilly Revocable Trust

7. Carole Anne Sarganis

8. Thomas F. Dillon, V
900 A STREET, LLC
1101 5th Avenue, Suite 300
San Rafael, CA 94901
November 11, 2025
Krystle Rizzi
City of San Rafael
1400 Fifth Avenue
San Rafael, CA 94901
Re: 900 A Street - Draft Conditions of Approval - Comments from Sponsorship Team Dear KrystleThank you for providing us with the Draft Conditions of Approval for the 900 A Street Project in San Rafael. The Sponsorship Team has reviewed the Draft Conditions and has the following comments/ requests to modify the conditions. The below numbered items correspond to the numbered conditions in the Draft Document you sent us on November 5, 2025. We have also attached to this transmittal a redlined copy of the November 5, 2025 Draft Conditions of Approval document to further illustrate our modifications.

Condition 3: Fees, Dedication Requirements, Reservation Requirements and Other Exactions.

The Sponsorship Team officially requests a schedule and amount of all development impact fees being levied by the City associated with this project. There are no explicit fees outlined in the Condition of Approval document.

Condition 20: Archaeological Resources (Ongoing throughout demolition, grading, and/or construction).

Please replace this condition with the standard condition approved previously on the AC Marriot Hotel Project (our most recent Project in San Rafael): “Archeological Features: In the event that any archaeological features, such as concentrations of artifacts or culturally modified soil deposits including trash pits older than fifty years of age, are discovered at any time during grading; scraping, or excavation within the property, all work shall be halted in the vicinity of the find, the Planning Division shall be notified, and a qualified archaeologist shall be contacted immediately to make an evaluation . If warranted by the concentration of artifacts or soils deposits, an archaeologist shall monitor further work in the discovery area.” Condition 21: Tribal Cultural Resources (Ongoing throughout demolition, grading and/ or construction).

Strike this Condition. It is redundant based on the above revised condition #20, nor was it included in the AC Marriot Hotel conditions. This is a green site on the City’s Archeological Sensitivity Map.
900 A STREET, LLC
1101 5th Avenue, Suite 300
San Rafael, CA 94901
Condition 22: Human Remains (Ongoing throughout demolition, grading and/or construction).

Please replace this condition with the standard condition approved previously on the AC Marriot Hotel Project (our most recent Project in San Rafael): “If human remains are encountered during grading and construction, all work shall stop in the immediate vicinity of the discovered remains and the County Coroner and a qualified archaeologist shall be notified immediately so that an evaluation can be performed. The Coroner shall contact the Native American Heritage Commission, if the remains are deemed to be Native American and prehistoric, so the "most likely descendant" can be designated.”
Condition 23: Paleontological Resources (Ongoing throughout demolition, grading, and/or construction).

Strike this Condition. It is redundant based on the above conditions, nor was it included in the AC Marriot Hotel conditions. This is a green site on the City’s Archeological Sensitivity Map.

Condition 25. Pre-Construction Nesting Bird Surveys
&
Condition 26. Pre-Construction Roosting Bat Habitat Assessment & Surveys The Sponsorship Team is not aware of any Special Species Status Nesting Birds or Roosting Bats that would be present on the project site. This is a fully developed site in an urban environment with no potential habitat. The Sponsorship Team requests that Condition #25 & #26 be removed from the Conditions of Approval.

Supporting Info:

Listed species are defined as species categorized as endangered, rare, or threatened (or as candidates for such designations) under the Federal Endangered Species Act (FESA) or the California Endangered Species Act (CESA). A project site has no value as habitat for listed species if the site lacks suitable habitat and/or appropriate habitat and micro-habitat constituents for listed species, or if suitable habitat within the project site is outside of the listed species known range.

Due to the developed and disturbed nature of the project site and surroundings, as well as the absence of vegetation or water features on or near the site, the site does not support listed species or their habitat. There is no critical habitat on or adjacent to the site (See below Figure 1 from USFWS Critical Habitat for Threatened & Endangered Species Map), and the 900 A STREET, LLC
1101 5th Avenue, Suite 300
San Rafael, CA 94901
nearest wetland (San Rafael Creek) is approximately 1,365 feet south of the site (See below Figure 2 from Google Earth). Thus, the project site has no value as habitat for endangered, rare, or threatened species.

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900 A STREET, LLC
1101 5th Avenue, Suite 300
San Rafael, CA 94901
Condition 49. Affordable Housing – Agreement
Please update this condition to the following used for the recent 930 Irwin Project: “Prior to issuance of the first building permit for the Project, a Below Market Rate (BMR) agreement for the eleven (11) affordable units shall be approved by the Community and Economic Development Director and recorded on the property.”
Please omit the draft agreement itself and do not attach as an exhibit to the resolution. Please provide the applicant with a copy of the draft as soon as possible to be reviewed, with finalization to be done between applicant and Staff before building permit.

Condition 50. Affordable Housing Agreement – Maximum Rents.

Please strike this condition to be finalized later during the finalization of the Affordable Housing Agreement prior to Building Permit.

Condition 70. Flood Zone.

The Project site is not in a Flood Zone – see Attachment 1 map. Please strike this condition from the Conditions of Approval.

Condition 104. License Plate Camera.

Our Legal Counsel has indicated that this condition is illegal and inappropriate. There is no nexus between this housing project and a need for license plate surveillance. Furthermore, there is no objective standard in the City’s code that requires such a device. Please remove this condition from the Conditions of Approval.

Condition 116. Traffic Mitigation Fee
According to the Traffic Study performed by AMG (Advanced Mobility Group) our project does not generate any Net New Trips. Our project is not subject to the Traffic Mitigation Fee program.

Please confirm that the project does not create any new AM or PM peak trips.

Condition 117. Construction Vehicle Impact Fee
Please amend this condition to read: “A construction vehicle impact fee (Street Maintenance Fee) shall be required at the time of building permit issuance, subject to an adjustment in accordance with City Resolution 11473.”
900 A STREET, LLC
1101 5th Avenue, Suite 300
San Rafael, CA 94901
Condition 120. Item C.

Our Legal Counsel has indicated that this condition is illegal under SB 330 and the HAA, which requires objective, quantifiable standards only. The Project cannot be subject to unspecified, unquantified, unknown future requirements of the sanitation department. Please remove this condition from the Conditions of Approval.

The Sponsorship team greatly appreciates all of the hard work and effort that has gone into the project thus far. We look forward to our hearing and are excited to wrap up these last few items in a satisfactory manner. If you have any questions about the requests we have made, please do not hesitate to contact Steve Monahan via email – [email protected] or phone: 415- 456-0600.

Respectfully,
Steve Monahan
Project Representative
Monahan Pacific Corp.
900 A STREET, LLC
1101 5th Avenue, Suite 300
San Rafael, CA 94901
Attachment 1
Natural Hazards & Flood Map
This map is provided for convenience only to show the approximate location of the Property and is not based on a field survey.

This COMMERCIAL PROPERTY DISCLOSURE REPORT contains the Commercial Natural Hazard Disclosure Report and the Commercial Tax Report.

THIS REPORT PROVIDES THE STATUTORY DISCLOSURES MANDATED BY CALIFORNIA LAWS SPECIFIED HEREIN AND DELIVERY OF THIS REPORT AND THE EXECUTED STATUTORY FORM IS SUFFICIENT TO MEET THE SAFE HARBOR FOR THE SELLER AND SELLER'S AGENT. THIS REPORT ALSO CONTAINS OTHER IMPORTANT DISCLOSURES AND INFORMATION. SELLER AND SELLER'S AGENT MAY HAVE ADDITIONAL RESPONSIBLITIES FOR CERTAIN DISCLOSURES WITHIN THEIR ACTUAL KNOWLEDGE.

JCP-LGS Commercial Resale Property Disclosure Reports
Map of Statutory Natural Hazards
For MARIN County
Property Address: 1030 3RD ST APN: 011-263-21
SAN RAFAEL, MARIN COUNTY, CA 94901 Report Date: 08/09/2024 ("Property") Report Number: 3122028
©2024 - First American Real Estate Disclosures Corporation - 4 First American Way, Santa Ana, CA 92707 Phone: (800) 748-5233 Fax: (800) 329-9527 Page 1 of 38

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General Terms and Standard Conditions
The following are general terms and standard conditions that apply to each severable entitlement of the 900 A Street Project, hereby the “project”: Environmental and Design Review Permit (PLAN25-013; ED25-027)

1. For purposes of these Conditions of Approval, the following terms shall have the following meanings:
 “Director” shall mean the Director of the Community and Economic Development Department
 “First building permit” shall mean the first permit required and pulled for construction related activities including but not limited to permits grading, demolition, landscaping, or any vertical improvements.
 “Building permit” shall mean any permit required for construction-related activities, including but not limited permits for grading, demolition, landscaping, or any vertical improvements.
 “Site development permit” shall mean any permit required for earth-disturbing activities, including, permits for grading, excavation, shoring, utilities, demolition, site preparation, or any other permits required for earth-disturbing activities, but excluding building permits.
 “Applicant” shall mean Monohan Pacific Corporation and/or any successor in interest.  “Property Owner(s)” shall mean Fasano Properties, LLC and/or any successor in interest.
 “Project” shall mean the 900 A Street Project as approved by the City of San Rafael.

The project includes demolition of the existing 4,400 square foot commercial building and associated site improvements in a single phase; construction of 190,147 square feet of gross floor area, inclusive of 138,402 square feet of residential area (including residential amenities and 131 units comprised of 77 one-bedroom and 54 twobedroom units, of which, 11 are deed restricted below market rate units affordable to low-income households); 4,000 square feet of commercial area; and 47,745 square feet of garage, mechanical, electric, and plumbing area in a single phase.  “Project Site” shall mean the approximately 28,667 square foot property comprised of APN 011-263-21, located at 1030 3rd Street as shown on the Land Title Survey prepared by Alta/NSPS, dated May 2025.

2. Development of the Project. Development of the Project shall be substantially in conformance with the plans and supporting documents attached to the November 18, 2025 Planning Commission staff report (hereinafter the “Plans”), including:
 Architectural and Lighting Plans, prepared by Stackhouse De La Pena Trachtenberg, received on October 8, 2025 and dated August 14, 2025
 Civil Plans, prepared by Lea & Braze Engineering, Inc, received on October 8, 2025 and dated February 6, 2025
 Landscape Plans, prepared by Yamasaki Landscape Architecture, received October 8, 2025 and dated April 22, 2025
 Tree Inventory Report, prepared by Horticultural Associates, dated March 8, 2025 All Plans are hereby incorporated by reference. The Plans may only be modified by the conditions contained herein, subject to review and approval of the Community and Economic Development Director or their designee.

3. Fees, Dedication Requirements, Reservation Requirements and Other Exactions.

The conditions of project approval set forth herein include certain fees, dedication requirements, reservation requirements and other exactions. Pursuant to Government Code Section 66020(d)(1), these conditions constitute written notice of the statement of the amount of such fees and a description of the dedications, reservation, and other exactions. You are hereby notified that the 90-day period in which you may protest those fees, the amount of which has been identified herein, dedications, reservations, and other exactions required in connection with the instant approvals has begun. If you fail to file a protest complying with all the requirements of Section 66020, you will be legally barred from later challenging such exaction.

4. Right to Audit of the City’s Development Impact Fees. In accordance with Government Code Section 66006(e), the Applicant is hereby notified of the right to file with the City Clerk: (a) a request for an audit of the City’s development impact fees in accordance with Government Code Section 66023; and (b) a written request for mailed notices of the City’s public meetings to review annual reports of development impact fees under Government Code Section 660066(b)(1).

5. Timing of Payment of Fees. At the times (e.g., building permit) provided for in the City’s fee ordinances, the applicant shall pay all applicable City Development Impact fees.

6. All Third Party Fees Shall be Paid. Prior to issuance of any/each building permit, the applicant shall verify to the City that it has paid all third party-outside agency fees applicable to such portion of the Project, including but not limited to any school fees, water capacity fees, and sewer capacity fees. Unless a condition includes a different time for payment, the applicant shall pay all applicable City fees prior to the issuance of each building permit.

7. Conditions of Approval Shall be Printed. All Conditions of Approval shall be printed on the second sheet of each plan set submitted for a building permit. Additional sheets may also be used if the second sheet is not of sufficient size to list all of the conditions. The sheet(s) containing the conditions shall be of the same size as those sheets containing the construction drawings; 8-1/2” by 11” sheets are not acceptable.

8. Applicant Responsible for Conditions of Approval. Applicant shall ensure compliance with all conditions of approval, including submittal to the project Planner of required approval signatures at the times specified. Failure to comply with any condition may result in construction being stopped, issuance of a citation, and/or modification or other remedies.

10. All Plans and Information Become Conditions. All information and representations, whether oral or written, including the building techniques, colors, materials, elevations, and overall appearance of the Project, as presented at the November 18, 2025 Planning Commission hearing and as presented in the Project plans shall be the same as required for the issuance of a building permit, except as modified by these conditions of approval. Minor modifications or revisions to the Project shall be subject to review and approval by the Director. Modifications deemed not minor by the Director may require review and approval as an amendment to the approved Environmental and Design Review Permit (PLAN25-013, ED25-027).

11. Regulation Compliance. Approved use and/or construction is subject to, and shall comply with, all applicable City Ordinances and laws and regulations of other Commented [cm1]: See comment letter #3
governmental agencies. Compliance with the Zoning Ordinance does not relieve an applicant from requirements to comply with other federal, state, and City regulations that also apply to the property. Prior to any construction, tenant improvement or installation of signage, the applicant shall identify and secure all applicable permits from all federal, state, and City departments.

12. Legal and Equitable Property Interests. Prior to the issuance of the First Building Permit, Applicant shall demonstrate to the satisfaction of the City that it possesses all necessary legal and equitable property interests required to develop the Project as approved. Applicants represent and warrants that there are no covenants, easements, restrictions, or other title encumbrances that would preclude development and construction of the Project. In the event that any such encumbrances exist or arise, Applicant shall bear all risk and responsibility for any delay, inability, or failure to develop the property in accordance with the Project approvals, and the City shall have no obligation to resolve or accommodate any private title disputes or limitations affecting the property.

13. Construction Hours (Ongoing throughout demolition, grading, and/or construction).

Consistent with the City of San Rafael Municipal Code Section 8.13.050.A, construction hours on private property shall be limited to 7:00 a.m. to 6:00 p.m.

Monday through Friday and 9:00 a.m. to 6:00 p.m. on Saturdays. Construction shall not be permitted on Sundays or City- observed holidays. Construction activities shall include delivery of materials, hauling materials off-site; startup of construction equipment engines, arrival of construction workers, playing of radios and other noises caused by equipment and/or construction workers arriving at, or working on, the site.

14. Construction Noise and Vibration Management- Public Notice Required. At least two weeks prior to initiating any construction activities at the site, the Applicant shall provide notice to businesses and residents within 500 feet of the Project site. This notice shall at a minimum provide the following: (1) project description, (2) description of construction activities, (3) daily construction schedule (i.e., time of day) and expected duration (number of months), (4) the name and phone number of the “noise disturbance coordinator” who will be responsible for responding to any local complaints about construction noise, and (5) that construction work is about to commence. The noise disturbance coordinator shall be responsible for determining the cause of all construction-related complaints (e.g., starting too early, bad muffler, worker parking, etc.) and institute reasonable measures to correct the problem. A copy of such notice and methodology for distributing the notice shall be provided in advance to the Planning Manager for review and approval.

15. Construction Noise (Ongoing throughout demolition, grading, and/or construction).

During construction, the project shall incorporate the following best management practices:
a. All equipment driven by internal combustion engines shall be equipped with mufflers, which are in good condition and appropriate for the equipment. b. The construction contractor shall utilize “quiet” models of air compressors and other stationary noise sources where technology exists. c. At all times during Project grading and construction, stationary noisegenerating equipment shall be located as far as practicable from sensitive receptors and placed so that emitted noise is directed away from residences. d. Unnecessary idling of internal combustion engines shall be prohibited. e. Construction staging areas shall be established at locations that will create the greatest distance between the construction related noise sources and noise-sensitive receptors nearest the Project site during all Project construction.
f. The required construction related noise mitigation plan shall also specify that haul truck deliveries are subject to the same hours specified for construction equipment.
g. Neighbors located adjacent to the construction site shall be notified of the construction schedule in writing.
h. The construction contractor shall designate a “noise disturbance coordinator” who will be responsible for responding to any local complaints about construction noise. The disturbance coordinator would determine the cause of the noise complaint (e.g., starting too early, bad muffler, etc.) and institute reasonable measures as warranted to correct the problem. A telephone number for the disturbance coordinator shall be conspicuously posted at the construction site.

16. Construction Vibration (Ongoing throughout demolition, grading, and/or construction).

During construction, the Project shall incorporate the following best management practices:
a. Avoid the use of large earthmoving equipment (greater than 100 hp) within 15 feet of residential buildings and within 12 feet of commercial buildings, as this is the distance where these buildings are susceptible to damage from vibration from this equipment.
b. Schedule construction activities with the highest potential to produce vibration to hours with the least potential to affect nearby institutional, educational, and office uses that the Federal Transit Administration identifies as sensitive to daytime vibration (FTA 2006).
c. Select quiet construction equipment, particularly air compressors, whenever possible. Fit motorized equipment with proper mufflers in good working order. d. construction contractor shall designate a “noise disturbance coordinator” who will be responsible for responding to any local complaints about construction vibration. The disturbance coordinator shall determine the cause of any vibration complaint (e.g., starting too early, bad muffler, etc.) and shall require that reasonable measures be implemented to correct the problem. A telephone number for the disturbance coordinator shall be posted at the construction site.

17. Bay Area Air District Basic Best Management Practices. Consistent with General Plan Policy C-2.4 (Particulate Matter Pollution Reduction), Program C-2.4A (Particulate Matter Exposure), and the Bay Area Air District Guidelines, during any construction period ground disturbance, the applicant shall ensure that the following measures to control dust and exhaust are implemented.
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. b. All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
c. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph). e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
f. All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 mph.
g. All trucks and equipment, including their tires, shall be washed off prior to leaving the site.
h. Unpaved roads providing access to sites located 100 feet or further from a paved road shall be treated with a 6- to 12-inch layer of compacted layer of wood chips, mulch, or gravel.
i. Publicly visible signs shall be posted with the telephone number and name of the person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s General Air Pollution Complaints number shall also be visible to ensure compliance with applicable regulations.

18. Health Risk Assessment. Consistent with General Plan Policy C-2.2 (Land Use Compatibility and Building Standards), Program C-2.2A (Protection of Sensitive Receptors), a construction health risk assessment shall be prepared in accordance with the policies and procedures of the Office of Environmental Health Hazard Assessment (OEHHA) and the Bay Area Air District’s CEQA Guidelines. A construction health risk assessment shall not be required if the following measures, which are capable of reducing potential cancer and non-cancer risks to a level below ten in one million or a hazard index of 1.0, are incorporated:
a. Verified Diesel Emission Control Strategies. All off-road construction equipment greater than 50 horsepower shall be equipped with Tier 2 or higher engines and the most effective Verified Diesel Emission Control Strategies (VDECS) available for the engine type (Tier 4 engines automatically meet this requirement) as certified by the California Air Resources Board (CARB). The equipment shall be properly maintained and tuned in accordance with manufacturer specifications.
b. Construction Emissions Minimization Plan. A Construction Emissions Minimization Plan (Emissions Plan) shall be prepared that includes the following:
i. An equipment inventory summarizing the type of off-road equipment required for each phase of construction, including the equipment manufacturer, equipment identification number, engine model year, engine certification (tier rating), horsepower, and engine serial number. For all VDECS, the equipment inventory shall also include the technology type, serial number, make, model, manufacturer, CARB verification number level, and installation date.
ii. A Certification Statement that the Contractor agrees to comply fully with the Emissions Plan and acknowledges that a significant violation of the Emissions Plan shall constitute a material breach of contract.

The Emissions Plan shall be submitted to the City for review and approval prior to the issuance of building permits.

19. Encroachment Permit (Ongoing throughout demolition, grading, and/or construction).

Any construction work, including on-street traffic control, is subject to review and approval through the Department of Public Works Encroachment Permit process.

Truck routes shall be submitted for review and approval through Department of Public Work’s Transportation Permit process and shall comply with City of San Rafael Municipal Code Chapter 5.52.

20. Archaeological Features: In the event that any archaeological features, such as concentrations of artifacts or culturally modified soil deposits including trash pits older than fifty years of age, are discovered at any time during grading; scraping, or excavation within the property, all work shall be halted in the vicinity of the find, the Planning Division shall be notified, and a qualified archaeologist shall be contacted immediately to make an evaluation . If warranted by the concentration of artifacts or soils deposits, an archaeologist shall monitor further work in the discoveryResources (Ongoing throughout demolition, grading, and/or construction). Pursuant to CEQA Guidelines section 15064.5(f), “provisions for historical or unique archaeological resources accidentally discovered during construction” shall be implemented as follows:
a. In the event that any archaeological resources are inadvertently discovered during ground disturbing activities (“find”), all work within 50 feet of the resources shall be halted. The Federated Indians of Graton Rancheria (“FIGR”) shall be immediately notified and a qualified archaeologist retained at Applicant’s sole cost and expense to consult with the City, FIGR, and the Applicant and any other applicable regulatory agencies to employ best practices for assessing the significance of the find, developing and implementing a mitigation plan if avoidance is not feasible. Evidence of prehistoric or historic-era subsurface archaeological features or deposits may include ceramic shards, trash scatters, and lithic scatters). All significant, nonTribal cultural materials recovered shall be subject to scientific analysis, professional museum curation, and/or a report prepared by the qualified professional according to current professional standards. b. In considering any suggested measure proposed by the qualified professional, the Project applicant shall determine whether avoidance is necessary or feasible in light of factors such as the uniqueness of the find, Project design, costs, and other considerations.
c. If avoidance is unnecessary or infeasible, other appropriate measures (e.g., data recovery) shall be instituted. Work may proceed on other parts of the Project site while mitigation measures for cultural resources are carried out.
d. If significant materials are recovered, the qualified professional shall prepare a report on the findings for submittal to the Northwest Information Center.

21. Tribal Cultural Resources (Ongoing throughout demolition, grading, and/or construction). In the event that cultural resources of Native American origin are identified during construction, all work within 50 feet of the discovery shall be redirected. The Applicant and construction contractor shall notify the Director of Community and Economic Development Department within 24 hours. The City will contact any tribes who have requested consultation under AB 52, as well as contact a qualified archaeologist, to evaluate the resources and situation and provide recommendations. If it is determined that the resource is a tribal cultural resource and thus significant under CEQA, a mitigation plan shall be prepared and implemented in accordance with State guidelines and in consultation with Native American groups. If the resource cannot be avoided, additional measures to avoid or reduce impacts to the resource and to address tribal concerns may be required.

22. HumaIf human remains are encountered during grading and construction, all work shall stop in the immediate vicinity of the discovered remains and the County Coroner and a qualified archaeologist shall be notified immediately so that an evaluation can be performed. The Coroner shall contact the Native American Heritage Commission, if the remains are deemed to be Native American and prehistoric, so the "most likely descendant" can be designated.n Remains (Ongoing throughout demolition, grading, and/or construction). In accordance with Public Resource Code (“PRC”) Section 5097.98 and Health and Safety Code Section 7050.5, if human remains are encountered within the Project site, all work must stop within 100-feet of the discovery area, the area shall be secured to prevent further disturbance, and the Sonoma County Coroner shall be notified. The coroner will determine if the remains are precontact period Native American remains or of modern origin and if any further investigation by the coroner is warranted. If the remains are suspected to be those of a precontact period Native American, the coroner shall contact the Native American Heritage Commission (“NAHC”) within 24- hours. The NAHC will immediately notify the person it believes to be the most likely descendant (“MLD”) of the remains. The MLD has 48-hours to make recommendations to the landowner for the treatment or disposition of the human remains. If the MLD does not make recommendations within 48-hours, the landowner is required by law to rebury the remains within an area of property that will not be subject to future disturbances. A Secretary of the Interior-qualified archaeologist shall also be retained to evaluate the historical significance of the discovery, the potential for additional remains to be present, and provide further recommendations for treatment of the resource in coordination with the MLD.

20.23. Paleontological Resources (Ongoing throughout demolition, grading, and/or construction). In the event of an unanticipated discovery of a paleontological resource during construction, excavations within 50 feet of the find shall be temporarily halted or diverted until the discovery is examined by a qualified paleontologist (per Society of Vertebrate Paleontology standards [SVP 1995,1996]).

The qualified paleontologist shall document the discovery as needed, evaluate the potential resource, and assess the significance of the find. The paleontologist shall notify the appropriate agencies to determine procedures that would be followed before construction is allowed to resume at the location of the find. If the City determines that avoidance is not feasible, the paleontologist shall prepare an excavation plan for mitigating the effect of the Project on the qualities that make the resource important, and such plan shall be implemented. The plan shall be submitted to the City for review and approval.

21.24. Construction Management Plan. The applicant shall submit a Construction Management Plan (CMP) for review and approval by the Director of Community and Economic Development Department and Director of Public Works prior to issuance of building or grading permit. The construction management plan shall address at a minimum, the following:
a. Acknowledgement that all materials and equipment shall be staged on-site, unless otherwise approved in writing by the Chief Building Official. b. Contact information (phone number and email) for contractor, property owner project liaison shall be posted on site in an all weather sign that is visible to the public right of way.
c. Provisions for installation of an all-weather sign at all entrances to the construction site to inform all contractors and subcontractors of the requirements of the City’s Noise Ordinance in accordance with SRMC

8.13.050.
d. Traffic Control Plan (“TCP”) addressing on-site and off-site construction traffic. The TCP shall be stamped and signed by a registered engineer prior to submittal and shall be consistent with any other requirements of the construction phase. A current copy of the TCP shall be available at all times at the construction site for review by City Staff. The TCP shall include:
i. Any alterations, closures, or blockages to sidewalks, pedestrian paths or vehicle travel lanes (including bicycle lanes); ii. Storage of building materials, equipment, dumpsters, and/or debris anywhere in the public Right of Way;
iii. Hauling routes for trucks used during construction of Project. e. Designate location of construction worker parking on-site or in another offstreet location provided by the applicant. Construction workers may not park on-street in the downtown area or adjacent residential neighborhoods.
f. A screened security fence approved by the Director of Community and Economic Development Department shall be placed and maintained around the perimeter of the Project and removed immediately following construction work.
g. Proposed construction phasing, schedule of work, and approximate timeline of Project.
h. In the event that the CMP is conflicting with any conditions imposed by the grading permit for the Project, the more restrictive language or conditions shall prevail. The applicant shall be responsible for addressing any unanticipated construction impacts to the neighborhood and surrounding residents to the reasonable satisfaction of the Director of Community and Economic Development Department.
i. Mass grading shall occur between April 15 through October 15, unless otherwise approved in writing by the Department of Public Works. j. Acknowledgement that the applicant shall be required to repair any roadway damage created by the additional construction truck traffic. k. Acknowledgement that that the location of construction trailers shall be on-site, unless otherwise approved by the Chief Building Official. l. Location of construction staging and material storage related to the Project. m. Environmental and safety measures including:
i. Construction safety fences around the construction area. ii. Dust control and air pollution control measures.
iii. Erosion and sedimentation control measures.
iv. Tree protection fencing.
v. Construction vehicle parking

22.25. Pre-Construction Nesting Bird Surveys. In accordance with General Plan Policy C1.13 (Special Status Species), Program C-1.13E (Avoidance of Nesting Birds), and State and federal regulations, if construction, grading, or other project- related construction activities are scheduled during the nesting season, February 1 to September 1, a focused survey for active nests shall be conducted by a qualified biologist within 7 days prior to the beginning of project related activities. If an active nest is found, the qualified biologist shall delineate a no-work-zone buffer distance around the nest that is site and species specific using high visibility fencing or flagging. The buffer distance shall be specified to protect the bird’s normal behavior and prevent nesting failure or abandonment. No work shall occur within the no-work zone until the nest is no longer active as determined by a qualified biologist. If a lapse in project- related work of 7 days or longer occurs, another focused survey shall occur before project work is reinitiated.

23.26. Pre-Construction Roosting Bat Habitat Assessment and Surveys. In accordance with General Plan Policy C-1.12 (Native or Sensitive Habitats), Program C-1.12A (Surveys for Sensitive Natural Communities and Special Status Species), prior to any building demolition or tree removal, a qualified biologist shall conduct a habitat assessment for pallid bats. A qualified bat biologist shall have at least 2 years of experience conducting bat surveys that resulted in detections for relevant species, such as pallid bat, with verified project names, dates, and references, and experience with relevant equipment used to conduct bat surveys. The habitat assessment shall be conducted no more than 15 days prior to tree removal or building demolition and shall include a visual inspection of potential roosting features ( e.g., cavities, crevices in wood and bark, exfoliating bark, suitable canopy for foliage roosting species, attics, eaves). If suitable habitat trees or buildings are found, or bats are observed, the following shall also be required. a. Roosting Bat Building Exclusion Plan. If the qualified biologist identifies buildings scheduled for demolition as potential bat habitat, then building demolition shall not occur until either ( 1) a qualified biologist conducts night emergence surveys or completes visual examination of roost features that establishes absence of roosting bats, or ( 2) an appropriate bat eviction and exclusion plan has been approved by the City of San Rafael and implemented. The City of San Rafael shall seek the California Department of Fish and Wildlife’ s input on the exclusion plan. The plan shall: ( a) recognize maternity and winter roosting season as vulnerable seasons for bats and require exclusion outside of these times, generally between March 1 and April 15 or September 1 and October 15; (b) identify suitable areas for excluded bats to disperse or require installation of appropriate dispersal habitat, such as artificial bat houses, prior to project activities and include an associated management and monitoring plan with implementation and funding; and (c) include a requirement that exclusion materials shall be re-evaluated for effectiveness by the qualified biologist up to 2 weeks prior to building demolition.
b. Roosting Bat Tree Protections. If the qualified biologist identifies potential bat habitat trees, then tree trimming and tree removal shall not proceed unless the following occurs: (1) a qualified biologist conducts night emergence surveys or completes visual examination of roost features that establish absence of roosting bats, or (2) tree trimming and tree removal occur only during seasonal periods of bat activity, from approximately March 1 through April 15 and September 1 through October 15, and tree removal occurs using the two-step removal process. Two-step tree removal shall be conducted over two consecutive days.

The first day (in the afternoon), under the direct supervision and instruction by a qualified biologist with experience conducting two-step tree removal, limbs and branches shall be removed by a tree cutter using chainsaws only; limbs with cavities, crevices or deep bark fissures shall be avoided. The second day the entire tree shall be removed.

24.27. Pre-Construction Meeting. Prior to issuance of the first site development permit for each construction area (e.g., on-site parcel(s) or building site(s), or off-site improvement construction area), a pre-construction meeting shall be held to review the CMP and conditions of approval with representatives from the Applicant team and the City. The general contractor or Applicant shall ensure that all subcontractors involved in subsequent phases of construction are aware of the conditions of approval.

25.28. Applicant to Hold City of San Rafael Harmless. Applicant or permittee shall defend, indemnify, and hold harmless the City of San Rafael or its elected and appointed officials, agents, officers, and employees from any claim, action, or proceeding brought by a third party against the City of San Rafael or its elected and appointed officials, agents, officers, or employees to attack, set aside, void, or annul an approval of the Planning Commission, the City Council, the Director, or any other department, committee, or agency of the City concerning any processing, approval, denial or other City action related to the Project.

26.29. Conditions of Approval Validity. If any term, provision, or portion of these conditions or the application of these conditions to a particular situation is held by a court to be invalid, void or unenforceable, the remaining provisions of these conditions, or their application to other actions related to the Project, shall continue in full force and effect unless amended or modified by the City.

ENVIRONMENTAL AND DESIGN REVIEW CONDITIONS OF APPROVAL (ED25-027) Planning Division

27.30. Project Approval. This Environmental and Design Review Permit (ED25-027) approves the 900 A Street Project, inclusive of demolition of the existing 4,400 square foot commercial building and associated site improvements in a single phase; construction of 190,147 square feet of gross floor area, inclusive of 138,402 square feet of residential area (including residential amenities and 131 units comprised of 77 one-bedroom and 54 two-bedroom units, of which, 11 are deed restricted below market rate units affordable to low-income households); 4,000 square feet of commercial area; and 47,745 square feet of garage, mechanical, electric, and plumbing area in a single phase. Plans submitted for building permit shall be in substantial conformance to the Plans received on October 8, 2025 with regard to building techniques, materials, elevations, and overall project appearance except as modified by these conditions of approval. Minor modifications or revisions to the Project shall be subject to review and approval by the Community and Economic Development Department, Planning Division.

28.31. Modifications. Modifications to the approved Project deemed greater than minor in nature by the Community and Economic Development Director shall require review and approval by the Planning Commission.

29.32. Permit Validity. This Permit shall become effective following the appeal period specified in SRMC Ch. 14.28 (see SRMC 14.25.130) on November 28, 2025, or on the date of final determination of any appeal (whichever is later.) This Permit shall be valid for a period of 2 years from the effective date and shall become null and void on that date unless (1) a building permit for vertical construction has been issued and construction diligently pursued, a certificate of occupancy has been issued, or the permit is renewed or extended pursuant to SRMC Section 14.25.150.

30.33. Site Address. Prior to issuance of first building permit, if Applicant wishes for Project to be addressed “900 A Street,” Applicant shall take all steps necessary and required to readdress the Project parcel from 1030 3rd St. to 900 A Street.

31.34. Exterior Lighting. Consistent with SRMC Section 14.16.227(B), all exterior lighting shall be appropriately designed and/or shielded to conceal light sources from view off-site and avoid spillover onto adjacent properties.

32.35. Lighting Levels. Consistent with SRMC Section 14.16.227(C), lighting shall be a minimum intensity wattage of 0.5-foot candle or as otherwise necessary for public safety and a maximum intensity of 1 foot-candle as measured at the property line.

33.36. Maximum Wattage. Consistent with SRMC Section 14.16.227(F), plans submitted for electrical permits shall specify the maximum wattage of all Project light fixtures.

34.37. Lighting Inspection. Consistent with SRMC Section 14.16.227(G), the Project shall be subject to a 90-day post installation lighting inspection to evaluate the need for adjustment and assure compliance with adopted standards.

35.38. Mechanical Equipment. Plans shall demonstrate continued compliance with mechanical equipment screening regulations set forth in Division 3.1, Section

3.1.020 of the Downtown Form Based Code. As provided therein, roof-mounted solar equipment is exempt from the screening requirements. All other mechanical equipment shall be screened with a building parapet that is as tall or taller than the highest point on any new mechanical equipment located on the roof of the building.

36.39. Noise Standards. Consistent with SRMC Section 14.16.260, the following noise control measures as outlined in the Noise and Vibration Assessment prepared by Illingworth & Rodkin, dated April 4, 2025 shall be incorporated into the final design of the Project.
a. All 2nd to 8th floor apartments with facades adjacent to 3rd Street and all 2nd to 6th floor apartments with facades adjacent to A Street shall be equipped with a mechanical ventilation system to allow residents to keep their windows closed for noise control. The mechanical ventilation systems in these apartments should be designed to supply adequate fresh air to the units with closed windows and may include acoustically rated straight air transfer duct such as the Fresh 80, 90 or 100-dB units by Fresh Ventilation (or equal) or a standard central air conditioning and/or a central heating system with adequate fresh air supply, which is equipped with a ‘summer switch’ to allow the fan to circulate air without cooling or heating operation, or other systems satisfactory to the local building official.
b. The exterior wall assemblies & window/door STC ratings of all 2nd to 8th floor apartments with facades adjacent to 3rd Street and all 2nd to 6th floor apartments with facades adjacent to A Street shall be designed to maintain interior noise levels at or below 45 dBA Ldn with closed exterior doors and windows and the exterior wall assemblies & window/doors. c. Based on typical residential construction, it is expected that the windows and doors in 2nd to 8th floor apartments with a view of 3rd Street and 2nd to 6th floor apartments with a view of A Street will require STC ratings of between 26 and 30, however the specific determination of sound isolation ratings of the exterior wall assemblies and window/door assemblies shall be determined during the Project design.

37.40. Use of City Sidewalks and Rights-of-way. This approval does not authorize any specific use of the 4,000 square foot commercial space. Any future use proposing use of city sidewalks and rights-of-way shall comply with the permit requirements of SRMC Section 14.16.277 and the performance standards contained in SRMC Section 14.17.110.

38.41. Solar Installation. As a newly constructed high-rise multifamily buildings (buildings that have four or more habitable stories) the project shall install solar photovoltaic (“PV”) systems, Unless otherwise exempt from the requirements.

39.42. Vision Triangle. Consistent with the recommendations of the Local Traffic Analysis, prepared by Advanced Mobility Group, July 2025 plans submitted for building permits shall label all areas falling within 15 feet of the curb return of all intersections and driveways (Vision Triangle). All landscaping, signage, and other project improvements located within the Vision Triangle shall be kept under 3 feet in height, and trees and hanging branches shall be trimmed to a minimum height of 7 feet.

40.43. Landscape Maintenance. All landscaping shall be maintained in good condition and any dead or dying plants, bushes, trees, or groundcover plantings shall be replaced with new healthy stock of a size appropriate and compatible with the remainder of the growth at the time of replacement.

41.44. Landscape and Irrigation Plan Approval. Prior to the issuance of occupancy, a licensed landscape architect shall submit a letter to the Community and Economic Development Director certifying that the landscape plan is in compliance with Water Efficient Landscape requirements and the Water Efficient Landscape requirements of San Rafael Municipal Code Section 14.16.370 and MMWD Ordinance No. 414 (including amendments), as applicable.

42.45. Tree Replacement Plan. Consistent with Program C-1.17B: Tree Management Plan of the General Plan, the applicant shall prepare a tree replacement plan to retain and/or replace all trees removed during construction and replanting. The Plan shall be prepared by a licensed arborist using published standards and practices for protecting and monitoring tree health during and after construction. The plan shall be subject to review and approval by the Community and Economic Development Director. The plan shall identify:
a. Trees proposed for removal, including species and size b. Proposed replacement trees, including species and size and planting measures

43.46. Tree Replacement. Trees approved for removal shall be replaced as shown on Sheet L1 and L2 of the approved Plans (24, 36-inch box size trees) or as otherwise recommended in the tree replacement plan. Replacement trees shall be planted under the supervision of a certified arborist and all planting measures recommended by the tree replacement plan shall be implemented. Prior to occupancy, the applicant shall submit verification from the certified arborist that trees have been replaced according to the specifications required by the tree replacement plan.

44.47. Affordable Housing – Number and Affordability Level. Consistent with the approved Plans and the provisions of Government Code Section 65915, the Project shall provide eleven (11) residential units as affordable to low-income households which shall mean those earning no more than 80% of the Area Median Income.

45.48. Affordable Housing – Timing of Construction. Consistent with the City of San Rafael Guidelines for the Administration of the Affordable Housing Trust Fund, all affordable housing units shall be constructed prior to or concurrent with the construction of market rate housing units and the City shall not issue a final certificate of occupancy for the Project, or any certificate of occupancy for any of the market rate units, until the last certificate of occupancy for the affordable housing units has been issued

46.49. Affordable Housing – Agreement. Prior to issuance of the first building permit for the Project, a Below Market Rate (BMR) agreement for the eleven (11) affordable units shall be approved by the Community and Economic Development Director and recorded on the property.Prior to issuance of the first building permit for the Project, the Below Market Rate (“BMR”) agreement (attached to these Conditions of Approval as Exhibit X and incorporated herein) for the eleven (11) affordable units shall be approved by the Community and Economic Development Director, executed, and recorded on title in the records of the County of Marin. Prior to issuance of the first building permit, Applicant shall provide to City proof of such recordation.

47.50. Affordable Housing Agreement – Maximum Rents. Applicant has offered to restrict rents for the affordable housing units as follows. During the term of the Affordable Housing Agreement, Applicant shall ensure that rents never exceed the following affordable maximum rents as set forth in the Affordable Housing Agreement: XXX

48.51. Signs. No signage is approved as part of the Project. Future signage shall comply with the requirements of SRMC Chapter 14.19 (Signs).

49.52. Unbundled Parking. Consistent with Division 3.1 of the Downtown Form Based Code, all off-street parking spaces accessory to the residential use shall be leased or sold separately from the rental or purchase fees for dwellings for the life of the dwellings. It is the Applicants' responsibility to provide renters of on-site inclusionary affordable units with an equal opportunity to rent or buy a parking space on the same terms and conditions as offered to renters or buyers of other dwellings.

50.53. Outstanding Fees. No building permit or other post-entitlement permit shall be issued related to the Project until Applicant has paid all outstanding permit processing and regulatory fees related to the Project pursuant to that indemnification and reimbursement agreement entered into by the Applicant on July 15, 2025.

51.54. Development Impact Fees. Prior to Issuance of the first building permit for the Project, the applicant shall pay all applicable development impact fees required for this Project, including those fees mentioned herein and other fees required by ordinance.

52.55. City of San Rafael Department Compliance. Prior to first building permit issuance, the Applicant shall comply with all pre-building permit issuance requirements of the Department of Public Works, Community and Economic Development Department, Building Division and Planning Division, and Fire Department that are directly
applicable to the Project.

53.56. Outside Agency Compliance. Prior to first building permit issuance, the Applicant shall comply with all San Rafael Sanitation District and Marin Municipal Water District utility company regulations that are directly applicable to the Project.

54.57. Project Progress and Completion. The Applicant shall diligently pursue the project’s construction through to completion, and, if at any point after building permits have been issued, the Applicant abandons construction for more than one hundred and twenty (120) consecutive days or the building permits expire, the Applicant shall demolish the uncompleted portions of the Project and restore the site to rough grade condition and shall take reasonable measures to protect public health and safety, protect the building structure from the elements, screen unsightly elements from view (such as through installation of fencing, painting or attractive screens or coverings), and maintain temporary landscaping, to the satisfaction of the Community and Economic Development Director.

55.58. Construction Site Maintenance. If the Applicant leaves any work of construction in an unfinished state for more than seven (7) consecutive days, the Applicant shall keep the construction site clean and properly secured using best management practices and to the satisfaction of the Chief Building Official.

Building Division

56.59. Building Code. The design and construction of all site alterations shall comply with the latest adopted Building Codes in effect at time of building permit submission. Currently the following codes are adopted: 2022 California Building Code (CBC), 2022 California Plumbing Code (CPC), 2022 California Electrical Code (CEC), 2022 California Mechanical Code CCMC), 2022 California Fire Code (CFC), 2022 California Energy Code, 2022 California Green Building Standards Code and City of San Rafael Ordinances and Amendments.

57.60. Building Plans. A building permit is required for the proposed work. Applications shall be accompanied by a complete set of construction drawings to include:
a. Architectural plans
b. Structural plans
c. Electrical plans
d. Plumbing plans
e. Mechanical plans
f. Site/civil plans (clearly identifying grade plane and height of the building) g. Structural Calculations
h. Truss Calculations
i. Soils reports
j. Green Building documentation
k. Title-24 energy documentation

58.61. Occupancy Details on Plans. The occupancy classification, construction type and square footage of each building shall be specified on the plans. In mixed occupancies, each portion of the building shall be individually classified.

59.62. Occupancy Calculations. The occupancy classification, construction type and square footage of each building shall be specified on the plans in addition to justification calculations for the allowable area of each building. Site/civil plans prepared by a California licensed surveyor or engineer clearly showing topography, identifying grade plane and height of the building.

60.63. Mixed Occupancy Type. This building contains several different occupancy types. Individual occupancies are categorized with different levels of hazard and may need to be separated from other occupancy types for safety reasons. Under mixed-occupancy conditions the project architect has available several design methodologies (accessory occupancies, nonseparated occupancies, and separated occupancies) to address the mixed-occupancy concerns.

I - - ---

61.64. Building Height. Building height and story must comply with CBC Section 504. On the plan justify the proposed building area and height.

62.65. Building Area. Building areas are limited by CBC Table 506.2. On plan justify the proposed building area.

63.66. Building Area. The maximum area of unprotected and protected openings permitted in the exterior wall in any story of a building shall not exceed the percentages specified in CBC Table 705.8 “Maximum Area of Exterior Wall Openings Based on Fire Separation Distance and Degree of Opening Protection.” To calculate the maximum area of exterior wall openings you must provide the building setback distance from the property lines and then justify the percentage of proposed wall openings and include whether the opening is unprotected or protected.

64.67. Building Area. Buildings located 4 or more stories above grade plane, one stairwell must extend to the roof, unless the roof slope exceeds an angle of 4 vertical to 12 horizontal CBC 1011.12.

65.68. Building Addressing. Each building must have address identification placed in a position that is plainly legible and visible from the street or road fronting the property. Numbers painted on the curb do not satisfy this requirement. In new construction and substantial remodels, the address must be internally or externally illuminated and remain illuminated at all hours of darkness. Numbers must be a minimum 4 inches in height with ½ inch stroke for residential occupancies and a minimum 6 inches in height with ½ inch stroke for commercial applications. The address must be contrasting in color to their background SMC 12.12.20. 11. Any demolition of existing structures will require a permit. Submittal shall include three (3) copies of the site plan, asbestos certification and PG&E disconnect notices. Also, application must be made to the Bay Area Air Quality Management District prior to obtaining the permit and beginning work.

66.69. School Fees. School fees will be required for the project. Calculations are done by the San Rafael City Schools, and those fees are paid directly to them prior to issuance of the building permit.

67.70. Flood Zone. A portion of the subject property appears to be in a flood zone, which is identified as an area of special flood hazard. All new construction and in some cases, existing improvements, are to be designed to ensure that the potential for flooding is minimized. This may involve grading to elevate the building pad or raising of existing building components to a level above the highest flood level. No new construction, or substantial improvements of a structure which would require a building permit, pursuant to the applicable provisions of the California Building Code as adopted, shall take place in an area of special flood hazard without full compliance with the applicable flood control requirements. Prior to submittal of plans to the Building Division for plan review, the applicant shall determine where the actual flood fringe boundary lines occur on the property. The lines shall be incorporated onto a site/topographical plan which shall be included as part of the required plan information noted above.

68.71. Soils Report. Regarding any grading or site remediation, soils export, import and placement; provide a detailed soils report prepared by a qualified engineer to address these procedures. The report should address the import and placement and compaction of soils at future building pad locations and should be based on an assumed foundation design. This information should be provided to Building Division and Department of Public Works for review and comments prior to any such activities taking place. A grading permit may be required for the above- mentioned work.

69.72. Geotechnical and Civil Pad Certification. Prior to building permit issuance for the construction of each building, geotechnical and civil pad certifications are to be submitted.

70.73. Ventilation Area. Ventilation area required, the minimum openable area to the outdoors is 4 percent of the floor area being ventilated CBC 1203.5.1 or mechanical ventilation in accordance with the California Mechanical Code.

71.74. Natural Lighting. Natural light, the minimum net glazed area shall not be less than 8 percent of the floor area of the room served CBC 1205.2 or shall provide artificial light in accordance with CBC 1205.3.

72.75. Signage. All site signage as well as wall signs require a separate permit and application (excluding address numbering).

73.76. Monument Sign Address Numbers. Monument sign(s) located at the driveway entrance(s) shall have address numbers posted prominently on the monument sign.

74.77. Parking Garage. In the parking garage, mechanical ventilation will be required capable of exhausting a minimum of .75 cubic feet per minute per square foot of gross floor area CMC Table 4-4. 21. In the parking structure, in areas where motor vehicles are stored, floor surfaces shall be of noncombustible, nonabsorbent materials. Floors shall drain to an approved oil separator or trap discharging to sewers in accordance with the Plumbing Code and SWIPP.

10. Sanitary Facilities. Each building shall be provided with sanitary facilities per CPC Sec 412 and Table 4-1 (including provisions for persons with disabilities).

Separate facilities shall be required for each gender.

75.78. Elevator Car. Minimum elevator car size (interior dimension) 60” wide by 30” deep with an entrance opening of at least 60” or a car size of 42” wide by 48” deep with an entrance opening of 36” or a car size of 60” wide by 36” deep with an entrance opening of at least 36”.

76.79. Elevators. All buildings with one or more elevators shall be provided with not less than one medical emergency service elevator. The medical emergency service elevator shall accommodate the loading and transport of an ambulance gurney or stretcher. The elevator car size shall have a minimum clear distance between walls and door excluding return panels not less than 80 inches by 54 inches and a minimum distance from wall to return panel not less than 51 inches with a 42-inch side slide door.

77.80. Exits. A minimum of two exits, with proper separation, are required from the third floor of each unit. The exits must located a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the area served.

78.81. Accessibility. The proposed facility shall be designed to provide access to the physically disabled. For existing buildings and facilities when alterations, Commented [cm2]: Numbering Error
structural repairs or additions are made, accessibility improvements for persons with disabilities shall be required unless CASP report states compliant. Improvements shall be made, but are not limited to, the following accessible features:
a. Path of travel from public transportation point of arrival b. Routes of travel between buildings
c. Parking
d. Ramps
e. Primary entrances
f. Sanitary facilities (restrooms)
g. Drinking fountains & Public telephones (when provided) h. Accessible features per specific occupancy requirements i.

Accessible special features, i.e., ATM's point of sale machines, etc.

79.82. Accessibility Requirements. The site development of items such as common sidewalks, parking areas, stairs, ramps, common facilities, etc. are subject to compliance with the accessibility. Pedestrian access provisions should provide a minimum 48" wide unobstructed paved surface to and along all accessible routes. Items such as signs, meter pedestals, light standards, trash receptacles, etc., shall not encroach on this 4' minimum width. Also, note that sidewalk slopes and side slopes shall not exceed published minimums. The civil, grading and landscape plans shall address these requirements to the extent possible.

80.83. Parking Garage Vertical Clearance. The parking garage ceiling height shall have a minimum vertical clearance of 8’ 2” where required for accessible parking.

81.84. Multistory Access. Multistory apartment or condominium on the ground floor in buildings with no elevator at least 10 percent but no less than one of the multistory dwellings in apartment buildings with three or more and condos with four or more dwellings shall comply with the following:
a. The primary entry to the dwelling unit shall be on an accessible route unless exempted by site impracticality tests in CBC Section 1150A. b. At least one powder room or bathroom shall be located on the primary entry level, served by an accessible route.
c. All rooms or spaces located on the primary entry level shall be served by an accessible route. Rooms and spaces located on the primary entry level and subject to this chapter may include but are not limited to kitchens, powder rooms, bathrooms, living rooms, bedrooms or hallways.

82.85. Multifamily Accessible Parking. Multifamily dwelling and apartment accessible parking spaces shall be provided at a minimum rate of 2 percent of the covered multifamily dwelling units. At least one space of each type of parking facility shall be made accessible even if the total number exceeds 2 percent.

83.86. Unassigned Accessible Parking. When parking is provided for multifamily dwellings and is not assigned to a resident or a group of residents, at least 5 percent of the parking spaces shall be accessible and provide access to grade level entrances of multifamily dwellings and facilities (e.g. swimming pools, club houses, recreation areas and laundry rooms) that serve the dwellings. Accessible parking spaces shall be located I - ~ --
on the shortest accessible route to an accessible building, or dwelling unit entrance.

84.87. Accessible Parking. Public accommodation disabled parking spaces must be provided according the following table and must be uniformly distributed throughout the site:

85.88. Accessible Van Parking. At least one disabled parking space must be van accessible; 9 feet wide parking space and 8 feet wide off- load area.

Additionally, one in every eight required handicap spaces must be van accessible. At least one disabled parking space must be van accessible; 9 feet wide parking space and 8 feet wide off- load area. Additionally, one in every eight required handicap spaces must be van accessible.

Fire Department

86.89. Fire Code. The design and construction of all site alterations shall comply with the 2022 California Fire Code, current NFPA Standards, and all applicable City of San Rafael Ordinances and Amendments.

87.90. Deferred Submittals. Separate deferred Fire Prevention Bureau permits will be required for the following:
a. Fire sprinkler system
b. Class I fire standpipe system.
c. Fire underground main.
d. Fire alarm system.
e. Emergency Responder Communications Coverage System (“ERCCS”). f. Vegetation Management Plan (“VMP”).

88.91. Fire Apparatus Access Roadway. The fire apparatus access roadway must conform to all provisions in CFC Section 503 and Appendix D.

89.92. Fire Apparatus Plan. A fire apparatus access plan shall be prepared for this Project. Fire apparatus plan shall show the location the following:
a. Designated fire apparatus access roads.
b. Red curbs and no parking fire lane signs.
c. Fire hydrants.
d. Fire Department Connection (“FDC”).

Total Nwnber of Parking Mininmm Required Number of
Spaces H/C paces
Provided
1 to 25 l
26 to 50 2
51 to 75 3
76 to 100 4
101 to 150 5
151 to 200 6
201 to 300 7
301 to 400 8
401 to 500 9
501 to 1.000 Two percent of total
LOO l and over Twenty, plus one for each 100
or fractjon thereof over 1,001
e. Double detector check valve.
f. Street address sign.
g. Recessed Knox Box
h. Fire Alarm annunciator panel.
i. NFPA 704 placards.
j. Provide a note on the plan, as follows: The designated fire apparatus access roads and fire hydrants shall be installed and approved by the Fire Prevention Bureau prior construction of the building.

90.93. Knox Box. A Knox Box is required at the primary point of first response to the building. A recessed mounted Knox Box is required for new buildings. the Knox Box shall be clearly visible upon approach to the main entrance from the fire lane. Note the Knox Box must be installed from 72” to 78” above finish grade; show the location on the plans. https://www.knoxbox.com/commercial-knoxboxes/

91.94. Knox Gate Switch. A Knox key switch is required for driveway or access road automatic gates. https://www.knoxbox.com/gate-keys-and-padlocks/

92.95. Existing Hydrant Upgrades. When additions or alterations are made, the nearest existing fire hydrant shall be upgraded. Hydrant: Clow 960.

93.96. Distance to Fire Apparatus Access Road. When a building is fully sprinklered all portions of the exterior building perimeter must be located within 250 feet of an approved fire apparatus access road.
a. The minimum width of the fire apparatus access road is 20 feet. b. The minimum inside turning radius for a fire apparatus access road is 28 feet. c. The fire apparatus access road serving this building is more than 150 feet in length; provide an approved turn-around. Contact the Fire Prevention Bureau for specific details.

94.97. Fire Apparatus Access Roadway. An aerial fire apparatus access roadway is required parallel to one entire side of the building. a. The Aerial apparatus access roadway shall be located within a minimum 15 feet and a maximum of 30 feet from the building.
b. The minimum unobstructed width for an aerial fire apparatus access road is 26 feet.
c. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway, or between the roadway and the building.

95.98. Fire Lanes. Fire lanes must be designated; painted red with contrasting white lettering stating, “No Parking Fire Lane” A sign shall be posted in accordance with the CFC Section 503.3 and to the satisfaction and approval of the San Rafael Parking Services Division.

96.99. Hazardous Materials Placards. Hazardous Materials Placards shall be installed in accordance with NFPA 704.

97.100. Address Numbers. Provide address numbers plainly visible from the street or road fronting the property. Numbers painted on the curb do not qualify as meeting this requirement. Numbers shall contrast with the background and shall be Arabic numbers or letters. Numbers shall be internally or externally illuminated in all new construction or substantial remodels. Number sizes are as follows – 6” tall with ½” stroke. Larger sizes might be required by the fire code official or in multiple locations for buildings served by two or more roads.

98.101. Fire Suppression Water Supply. Contact the Marin Municipal Water District to plan for the water supply serving the fire protection systems.

99.102. Knox Key Access. During construction, the contractor shall provide:
a. Knox key access to Project site.
b. 24-hour emergency contact information conspicuously posted on job-site. c. Ensure that the site is kept clear of any combustible debris or waste; removed daily.
d. Mount fire extinguishers of a 2A10BC rating every 75 feet of travel distance and on each floor.
100.103. Fire Construction Plan. The contractor will submit a Fire Construction Plan to the Fire Prevention Bureau. Plan requirements will be furnished at the time of the building permit application.

Police Department
101.104. License Plate Camera. Upon submittal of building permit applications, the Applicant shall demonstrate installation of Flock license plate cameras on the corner and side of the building to cover traffic on Third Street and A Street. Access to camera footage shall be provided to the Police Department.

Department of Public Works
Public Right-of-Way
102.105. Encroachment Permits Required. A minor temporary encroachment permit is required from the Department of Public Works prior to conducting any work within or any time the Public Right-of-Way (“ROW”) is restricted. This includes placing debris boxes in the street. Encroachment permits can be applied for online on the city of San Rafael website: https://www.cityofsanrafael.org/encroachment-permits/ 103.106. All backflow preventers, fire department connections, and other above ground utility structures shall be placed on private property and shall not be allowed to protrude into the public-right-of-way.
104.107. Exterior Doors. Exterior doors shall not be permitted to swing into or Project into the public right-of-way.
105.108. Frontage Improvements. Prior to issuance of building permit, the applicant shall submit a separate set of drawings detailing the frontage improvements in the public right-of-way adjacent to the proposed development for Department of Public Works review and approval as part of the application for an encroachment permit (e.g., sidewalks, pavement restoration, driveway approach, lighting). Frontage improvements shall be designed in accordance with City of San Rafael design standards, meet accessibility requirements per the California Building Code and Public Right-of-Way Accessibility Guidelines (“PROWAG”), and reference Marin County Uniform Construction Standards (“UCS”) where applicable. At a minimum, frontage improvements shall include the following:
a. New sidewalk, curb, and gutter along Project frontage to conform to existing curb ramp at the corner of 3rd Street and A Street
b. Pavement restoration (minimum 2”-thick grind and overlay) will be required along the property frontage. The limits of pavement restoration will be to the centerline of A street or as required during the encroachment permit application, whichever is more stringent. 3rd street is in moratorium, full width resurfacing with a 4” grind, 2” leveling course, replacement of existing paving mat, and 2” overlay shall be required along property frontage.

Any modification in the frontage improvements shall be determined by the Department of Public Works at the time of issuance of a building permit, or as approved based on field observations during construction.

Stormwater
106.109. MCSTOPP Requirements. This Project includes more than 5,000 square feet of total impervious area replacement and creation and therefore is considered a regulated project according to BASMAA standards. The following documents are required to be provided in accordance with BASMAA and Marin County Stormwater Pollution Prevention Program (“MCSTOPPP”) requirements:
c. Stormwater Control Plan – A written document and exhibit to accompany the plan set used primarily for municipal review to verify compliance with stormwater treatment requirements. (Needed to obtain planning/building/grading permit.) d. Stormwater Facilities Operations and Maintenance (“O&M”) Plan – A written document and exhibit outlining facilities on-site and maintenance activities and responsibilities for property owners. (Needed to obtain building/grading permit) e. Stormwater Facilities Operations and Maintenance Agreement – A formal agreement between the property owner and the city that shall be recorded with the property deed prior to occupancy. (Provide prior to occupancy) In accordance with Section E.12.e of the NPDES MS4 permit Non-LID Facilities need to show equivalent effectiveness to bioretention areas in the following areas:
a. Equal or greater amount of runoff infiltrated or evapotranspired. b. Equal or lower pollutant concentrations in runoff that is discharged after biotreatment
c. Equal or greater protection against shock loadings and spills d. Equal or greater accessibility and ease of inspection and maintenance Grading and Earthwork
107.110. Erosion and Sediment Control Plan. Prior to issuance of building permit or grading permit, the applicant shall provide an erosion and sediment control plan for review and approval by the City.
108.111. Geotechnical Plan Review. Prior to issuance of building permit, the applicant shall provide a plan review letter from the geotechnical engineer of record confirming that the project drawings are in conformance with their recommendations. 109.112. Grading Permit Required. Prior to start of construction, a grading permit shall be required from the Department of Public Works. Applications can be found on the City’s website: https://www.cityofsanrafael.org/grading-permits/.

Traffic
110.113. Loading Zone and Trash Pick Up Area Plan. The applicant shall submit a plan for the proposed loading zones and trash pickup area on A Street as part of the application for an encroachment permit for review by the Department of Public Works and the City Traffic Engineer. The plan shall indicate the proposed colored curb designations, proposed signage, type of loading, and time restrictions for the loading/pickup zones. Proposed loading zones shall comply with all applicable requirements of the California Building Code and PROWAG. 111.114. Prior to building permit issuance provide the underground driveway profile showing slopes The driveway shall have a maximum slope of 10% or less for at least 15 feet from the back of sidewalk to the underground parking. 112.115. If there is any gate proposed for underground parking, it shall be set back at least twenty feet from the back of sidewalk.
113.116. Traffic Mitigation Fee. Prior to issuance of a building permit, the applicant shall pay a traffic mitigation fee for net new AM trips and PM trips. The rate per peakhour trip and the corresponding amount of the traffic mitigation fee will be determined based on the rate in effect on the date of building permit issuance. For reference, the current rate is $6,930 per peak-hour trip. The current rate is valid until January 1, 2026. The rate is adjusted annually per Resolution No. 14983 adopted by City Council on 10/4/2021.
114.117. Construction Vehicle Impact Fee. A construction vehicle impact fee (Street Maintenance Fee) shall be required at the time of building permit issuance, which is calculated at 1% of the valuation, with the first $10,000 of valuation exempt.subject to an adjustment in accordance with City Resolution 11473.

Marin Municipal Water District
115.118. Water Service. The Project is eligible for water service upon request and fulfillment of the following:
a. Complete a High Pressure Water Service Application.
b. Submit a copy of the building permit.
c. Pay appropriate fees and charges.
d. Complete the structure's foundation within 120 days of the date of application. e. Comply with the District's rules and regulations in effect at the time service is requested, including the installation of a meter per structure per use. f. Comply with all indoor and outdoor requirements of District Code Title 13 – Water Conservation. This may include verification of specific indoor fixture efficiency compliance.
g. If you are pursuing a landscaping project subject to review by your local planning department and /or subject to a city permit, please contact the district water conservation department at 415-945-1497 or email to
[email protected]. More information about district water conservation requirements can be found online at www.marinwater.org
h. Comply with the backflow prevention requirements, if upon the District’s review backflow protection is warranted, including installation, testing and maintenance.

Questions regarding backflow requirements should be directed to the Backflow Prevention Program Coordinator at (415) 945-1558.
i. Comply with California Water Code – Division I, Chapter 8, Article 5, Section 537; which requires individual metering of multiple living units within newly constructed structures.

San Rafael Sanitation District
116.119. Sewer Connection Fee – Fixture Count. Prior to issuance of the Building Permit, sewer connection fees based on the drainage fixture units (“DFU”) count shall be paid, pursuant to District Ordinance No. 56. Plans should provide all fixtures in the existing building to be demolished to receive DFU credits. 117.120. The Project is eligible for wastewater service and may be serviced either by the 12-inch sewer main in A Street or the 16-inch main in Third Street, provided that the following conditions are met:
a. Sewer plans outside of the building foundation shall be designed by a registered Civil Engineer and submitted to the City for the District’s review and approval.
b. Upon approval of the plans, the property owner will be required to pay a sewer connection fee.
c. The District is currently conducting a flow and capacity study for the downtown area to evaluate the potential impacts of the proposed development on the existing capacity of the sewer facilities downstream. The District will provide an update to the developer once the final report is Commented [cm3]: See Comment letter #116
completed and will work with the developer to determine an appropriate resolution to address capacity issues, if needed.

Marin Sanitary Service
118.121. All refuse, recycling, compost and other containers shall be placed at the curb in the staging area by 6:00 a.m. the day of collection
The foregoing Resolution was adopted at the regular City of San Rafael Planning Commission meeting held on the 18th day of November, 2025. The Planning Commission’s Action is final unless it is appealed to the City Council within five (5) working days pursuant to San Rafael Municipal Code Section 14.28.030 - Filing and time limit of appeals.
492.1 06435151.000
January 8, 2026
VIA E-MAIL and CERTIFIED U.S. MAIL
[email protected]
[email protected]
City Clerk, Lindsay Lara
City of San Rafael
1400 Fifth Avenue, Room 209
San Rafael, CA 94901
Re: Supplement to Formal Appeal of Planning Commission Decision – 1030 3rd Street (November 18, 2025)
Dear City Clerk:

On behalf of the Owners of the property located at 1030 3rd Street, San Rafael (the “Property”), this letter is submitted as a supplement to the Owners’ previously filed Notice of Appeal, which was timely filed on November 25, 2025, appealing the decision and actions taken by the San Rafael Planning Commission on November 18, 2025, including the Conditions of Approval and Final Resolution issued for the Property.

This supplemental submission is intended to further clarify, expand upon, and preserve the Owners’ objections to the Conditions of Approval and the Final Resolution and the manner in which they have been imposed and modified. Attached hereto as Exhibit “A” is (i) a Status Update Memorandum, which sets forth in detail the procedural history, outstanding issues, and specific Conditions of Approval that remain unresolved and continue to jeopardize the Project’s viability and financial feasibility, and (ii) a redlined copy of the Final Resolution, incorporating the Owners’ desired changes.

As reflected in Exhibit “A”, despite extensive and good-faith efforts by the Owners, numerous substantive issues remain unresolved. These include, without limitation:
• The absence of a complete and legally required fee schedule for the Project; • Open-ended and indefinite mitigation requirements related to archaeological resources and human remains;
• Imposition of biological survey and construction moratoria conditions that are inconsistent with the City’s own findings and CEQA exemption determinations; January 8, 2026

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492.1 06435151.000
• Premature attachment and required recording of an affordable housing agreement prior to finalization;
• Failure to acknowledge discretionary fee adjustment authority under existing City resolutions; and
• An unlawful and open-ended sanitary sewer capacity condition based on future, nonadopted standards.

The Owners respectfully request that Exhibit “A” be incorporated into the administrative record and considered as part of the pending appeal. The memorandum identifies specific Conditions of Approval requiring correction or removal and provides legal and factual justification supporting each requested modification.

In addition, the Owners respectfully request a meeting with appropriate City staff prior to the appeal hearing to discuss the outstanding issues identified in the appeal and the attached supplemental materials, in the hope of resolving these matters efficiently and without further escalation.

Please confirm receipt of this supplemental submission and advise regarding:

1. Any additional materials required for inclusion in the administrative record; and

2. The anticipated timeline for scheduling the appeal hearing and any related procedural steps.

Nothing contained herein is intended to waive, limit, or prejudice any rights, arguments, or remedies available to the Owners, all of which are expressly reserved.

Thank you for your attention to this matter. Please direct all communications regarding this appeal and this supplemental submission to the undersigned.

Sincerely,
_______________________________
David Wheeler, on behalf of the Owners
cc:

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492.1 06435151.000
City Attorney: Robert Epstein - [email protected] City Clerk: Lindsey Lara - [email protected] Principal Planner: Kristina Estudillo - [email protected] 492.1 06435151.000
Exhibit “A”
Status Update Memorandum

STATUS UPDATE MEMO
To: Tom Monahan
From: Collin Monahan – Project Manager
Subject: Status Update – 900 A Street Conditions of Approval & Outstanding Issues Date: December 23, 2025

1. Overview
The Project was approved by the Planning Commission on 11/18.

An appeal was subsequently filed on 11/25.

Final Resolution & Conditions of Approval
We remain frustrated with the process, as Staff continued modifying the Conditions of Approval up until the literal last minutes before the 11/18 hearing—and have still not published the final Resolution & Conditions of Approval (COAs).

We received the first draft conditions on 11/5 and submitted our response letter on 11/11, identifying 14 conditions requiring edits, clarification, or correction. As of the draft final Resolution & Conditions received on 12/4, Staff incorporated only 5 of our requested changes, leaving 9 significant outstanding issues that continue to jeopardize the Project’s viability and financial feasibility.

On 12/5, we provided Staff with a formal redline which included the remainder of our outstanding change requests. Since then, we have had one follow-up call in which Staff indicated willingness to correct only minor “typos”. On 12/11 we received a revised, un-signed version of the Resolution with some of the minor “typos” corrected, however Staff is refusing to make the substantive changes we requested. I have attached an updated redline of the 12/11 Resolution reflecting the outstanding changes to the Conditions the Project requires. As of this update, we have not yet received the signed final resolutions.

The following major unresolved conditions require immediate correction:

2. Outstanding Major Conditions
#3 — Clarification of Project Impact Fees
Issue:

Staff has still not provided a fee schedule—despite our repeated requests for over a year. Without clarity on applicable fees, we cannot finalize the development budget, nor can our financial partners underwrite the Project.

Required Action:

Staff must provide a complete Project fee schedule, which has been promised but not yet received. The condition should be modified to be consistent with the law stating that the fees should be paid (as highlighted below) at the issuance of C of O or final inspection, whichever occurs last.

Justifications/Argument:

California Assembly Bill 602 (2021) requires that any local agency imposing, increasing, or establishing a development impact fee must prepare and adopt a nexus study to justify the fee amount.

The statute also mandates:
“This bill would also require a city, county, or special district to post a written fee schedule or a link directly to the written fee schedule on its internet website. The bill would require a city or county to request the total amount of fees and exactions associated with a project upon the issuance of a certificate of occupancy or the final inspection, whichever occurs last, and to post this information on its internet website, as specified….” This obligation has not been met.
#20 — Archaeological Resources
Issue:

The condition includes no outside limit on how long preparation of a mitigation plan may take.

This exposes the Project to unlimited delays during construction, preventing budget certainty and jeopardizing Project financing feasibility.

Required Action:

Add:
“The mitigation plan shall be submitted and approved within 72 hours.” Justifications/Argument:

The current condition creates the possibility of unlimited construction delay because it provides no required timeframe for preparing or approving an archaeological mitigation plan.

This renders the condition infeasible, unenforceable, and inconsistent with CEQA and state law.

1. CEQA Requires Mitigation Measures to Be Clear, Feasible, and Enforceable Under CEQA Guidelines §§15126.4 & 15064.5, mitigation measures must include:
• Clear performance standards
• Defined procedures
• Enforceable timelines
An open-ended review period violates CEQA because it creates uncertain and potentially unbounded construction stoppages.

2. Best Practices Require Rapid Archaeological Review
Across California jurisdictions, archaeological mitigation plans are typically required to be reviewed within 24–72 hours to avoid unnecessary construction delays.

A lengthy or undefined delay is not considered feasible mitigation under CEQA.

3. Open-Ended Delays Function as a De Facto Moratorium
A condition with no timeline gives the City unlimited discretion to halt construction indefinitely.

This is inconsistent with:
• CEQA’s requirement for reasonably implementable mitigation • The Housing Crisis Act (SB 330), which prohibits discretionary, unpredictable conditions on housing projects

4. General Plan Consistency Requires Reasonable Implementation The site is highly disturbed, and the General Plan supports infill development. Mitigation measures must therefore:
• Protect cultural resources and
• Allow feasible construction schedules
A 72-hour approval window meets both goals.

Conclusion
To comply with CEQA and avoid unlawful, open-ended construction delays, Condition #20 must be revised to include:
“The mitigation plan shall be submitted and approved within 72 hours.” This ensures:
• Enforceability
• Feasibility
• Consistency with CEQA, SB 330, and City policy
#21 — Human Remains
Issue:

The condition fails to clarify that the developer may reject tribal recommendations and reinter remains onsite when allowed under state law. This again creates the risk of unquantifiable, indefinite delays.

Required Action:

Add:
“in accordance with PRC code section 5097.98.”
Justifications/Arugements:

PRC § 5097.98 establishes critical landowner rights. Relevant excerpts include:
“(e) … if the landowner or his or her authorized representative rejects the recommendation of the descendants and the mediation… fails to provide measures acceptable to the landowner, the landowner… shall reinter the human remains … in a location not subject to further and future subsurface disturbance.”
And:
“Where the parties are unable to agree on the appropriate treatment measures the human remains… shall be reinterred with appropriate dignity, pursuant to subdivision (e).” The City’s condition must acknowledge these rights.
#23 & #24 — Bird and Bat Habitat Restrictions
Issue:

These conditions impose biological survey requirements and construction moratoria between Feb 1–Sep 1, Mar 1–Apr 1, and Sep 1–Oct 1—restrictions typically used only for sites with sensitive habitat. On a downtown infill site, these would cause extreme schedule delays and cost increases, rendering the Project financially infeasible.

Required Action:

Remove Conditions #23 and #24.

Justifications/Arguments:

The imposition of Conditions #23 and #24 on the Project is inconsistent with the City’s own factual findings, the CEQA exemption determination, and the intent of the General Plan.

Both City Resolution No. 25-09 and the CEQA document prepared by M-Group explicitly conclude that the Project site does not contain habitat value for endangered, rare, or threatened species. Despite this, the conditions require biological surveys and preconstruction monitoring that are meant only for sites with sensitive or special-status habitat, contradicting the City’s own findings and the General Plan policies they reference.

Accordingly, Conditions #23 and #24 should be removed.

1. The City Has Already Determined That the Site Has No Habitat Value for SpecialStatus Species City Resolution No. 25-09, Page 2, Subsection C, makes an unequivocal finding:
• “The Project site has no value as habitat for endangered, rare or threatened species.”
• The resolution further explains that due to the developed nature of the site, the absence of vegetation or water features, and its position outside mapped critical habitat, the site “does not support listed species or their habitat.” These statements are categorical. The City has formally determined that the site does not contain conditions that would warrant habitat-based mitigation measures.

2. The CEQA Exemption Analysis Reiterates That No Sensitive Habitat Exists on the Site
The CEQA document prepared by M-Group reiterates this same conclusion:
• “The site is not designated as critical habitat for endangered, rare, or threatened species.”
• “The project site is outside the boundaries of [CNDDB occurrence] overlap.” • “Highly urbanized sites do not represent such habitat.” These statements confirm that the site does not meet any threshold requiring biological resources surveys under CEQA or the General Plan.

3. The General Plan Policies Cited in Support of Conditions #23 and #24 Do Not Apply to This Site
The CEQA document later cites General Plan Policies C-1.12A and C-1.13E as justification for imposing preconstruction biological surveys. However, this is a misapplication of those policies.

Policy C-1.12 — Site-Specific Surveys Apply Only to Sensitive or Valuable Habitat Policy C-1.12 applies to sites with:
• “habitats that are sensitive, rare, declining, unique, or represent a valuable biological resource.”
The City’s findings and CEQA analysis definitively state that no such habitat exists at the Project site. Therefore, Policy C-1.12 cannot be used to justify biological surveys or related conditions.

Policy C-1.13 — Protections for Special-Status Species Apply Only Where Such Species or Their Habitat May Occur
Policy C-1.13 pertains to:
• “special status plants and animals, including those listed by State or federal agencies as threatened and/or endangered, those considered to be candidate species, and other species assigned special status by the California Native Plant Society and the California Fish and Game Code.”
Again, the City has already formally concluded that:
• The Project site does not contain habitat for special-status species. • The site is highly urbanized and does not represent suitable habitat under the General Plan.

Therefore, Policy C-1.13 also does not apply.

Conclusion — Conditions #23 and #24 Are Unsupported and Should Be Removed Conditions #23 and #24 are not supported by the City’s own findings or by CEQA. Both the City Resolution and the CEQA exemption analysis clearly conclude that the Project site has no habitat value for endangered, rare, or threatened species, is not within any critical habitat, and does not contain sensitive or special-status biological resources.

Because the General Plan policies cited in support of the conditions apply only to sites where such habitat is present, their use here is inconsistent and legally unjustified.

Imposing biological survey requirements on a highly urbanized site that the City itself has determined does not support special-status species is contradictory, unsupported by substantial evidence, and misaligned with the intent of the General Plan and CEQA.

Accordingly, Conditions #23 and #24 represent arbitrary and unnecessary burdens on the Project and should be removed.
#47 & #48 — Affordable Housing Agreement
Issue:

Condition #47 states that the BMR agreement attached to the resolution must be executed and recorded before the first building permit. This implies the exhibit is a finalized agreement—even though we received it only four days before the hearing. These agreements materially affect financing and require thorough legal review.

Required Action:
• Remove the attached draft agreement from the resolution. • Revise Condition #47 to reflect that a finalized BMR agreement will be executed prior to building permit issuance.
• Remove Condition #48, since it is tied to the premature attachment of the agreement.

Justifications/Arguments:
• The City has never required recording of a finalized BMR agreement at the time of project approval.
• For example, in the approval of 930 Irwin, Condition 31(a) simply required that a BMR agreement “shall be approved… and recorded prior to issuance of the first building permit.”
• No new affordable housing guidelines have been adopted since 930 Irwin or since Resolution 14890 (2021).
#114 — Construction Vehicle Impact Fee
Issue:

The condition identifies a fee calculation but omits language acknowledging that the fee may be adjusted under City Resolution 11473.

Required Action:

Add:
“subject to an adjustment in accordance with City Resolution 11473.” Justifications/Arguments:

Resolution 11473, Section 5 states:
“The City Council may, on a case-by-case basis, grant a waiver of payment of all or a portion of the fees… when it determines that it is in the public interest to do so.” The condition must acknowledge this authority.
#117(C) — Sanitary Sewer Capacity / Public Improvement
Requirement
Issue:

The condition states that the Sanitary District is conducting a flow and capacity study and will later determine “appropriate resolutions” if capacity is insufficient. This creates an undefined, subjective, and legally impermissible requirement not based on any adopted standard in effect when the application was deemed complete. This condition is so open-ended that it jeopardizes the Project’s viability and financial feasibility.

This exposes the Project to:
• an unquantifiable infrastructure cost,
• potential denial of sewer service, and
• infeasibility for financing and entitlement.

Required Action:

Remove the condition in its entirety.

Justifications/Arguments:

The condition violates state housing law—including SB 330, the Housing Accountability Act (HAA), CEQA principles, and the Permit Streamlining Act—for several reasons:

1. The City’s Certified General Plan EIR Already Found Adequate Wastewater Capacity
The EIR evaluated:
• 2,200 new units Downtown, and
• 620 units in the Downtown Core,
where this Project is located.

It concluded:
• existing wastewater infrastructure can accommodate this level of development; • with standard fees, development:
o “would not result in a determination… that they do not have adequate capacity,” and
o “would not result in a cumulatively considerable impact.” These findings are binding and constitute substantial evidence.

2. The Condition Relies on a Nonexistent Future Standard The referenced “study”:
• does not exist yet,
• is not adopted,
• was not in place at the time of application completeness, and • cannot lawfully be used as a condition of approval.

Language such as “appropriate resolution,” “if needed,” and “will work with the developer” makes the condition entirely subjective.

3. State Law Requires Objective Standards Only
Under SB 330, the HAA, and the Permit Streamlining Act:
• A city may rely only on existing, adopted, objective standards. • It cannot impose new technical requirements or new discretionary infrastructure conditions after an application is complete.
• It cannot impose conditions that function as a de facto moratorium.

4. The EIR Is the Only Legally Relevant Evidence
Because the City already found wastewater capacity adequate for Downtown growth, the District cannot impose contradictory new requirements.

Conclusion
The sanitary sewer condition is unlawful and must be removed. 492.1 06435151.000
Exhibit “A”
Redlined Final Resolution
1 RESOLUTION NO. 25-09

RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION APPROVING AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (PLAN25-013 AND ED25-027) FOR

DEMOLITION OF AN EXISTING COMMERCIAL BUILDING, CONSTRUCTION OF A NEW MIXED-USE BUILDING CONTAINING 4,000 SQUARE FEET OF COMMERCIAL SPACE AND 131 RESIDENTIAL UNITS LOCATED AT 1030 3rd STREET (APN 011-263-21), AND

DETERMINING THE PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15332 (IN-FILL DEVELOPMENT) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES
WHEREAS, Monohan Pacific Corporation (“Applicant”) submitted a Preliminary Application pursuant to Gov. Code § 65941.1 on August 12, 2024 for a mixed-use development with 165 units, common area/amenity space, garage parking, and a 4,075 square foot commercial space; and
WHEREAS, Applicant submitted a formal development application to the City of San Rafael on February 6, 2025 for an Environmental and Design Review Permit to authorize demolition of an existing 4,400-square-foot commercial building and surface parking area; construction of a new 8-story mixed use building with 4,000-square-foot ground level commercial space, 131 residential units, inclusive of 11 units affordable to low-income households; tenant amenities; frontage improvements; and which seeks a density bonus and a concession and waivers from development standards pursuant to California Government Code Section 65915 (altogether, the “Project”); and
WHEREAS, on March 7, 2025, the City deemed the application incomplete and provided courtesy and advisory comments; and
WHEREAS, on April 24, 2025 the Applicant resubmitted the application; and WHEREAS, on May 23, 2025 the City deemed the application complete; and WHEREAS, in accordance with the Housing Accountability Act (“HAA”), Government Code section 65589.5(j)(2)(A), the City reviewed the Project for consistency with applicable plans, programs, policies, ordinances, standards, requirements, and other similar provisions within 30 days of application completeness; and
WHEREAS, the formal application was submitted within 180 days of the August 12, 2024 submission of the preliminary application for the Project consistent with Government Code Section 65941.1(d)(1), so the Project was reviewed for compliance with the ordinances, policies, and standards in place at the time that the Preliminary Application was submitted; and WHEREAS, upon review of the application, the Planning Commission finds that the Project is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Section 15332 of the CEQA Guidelines because it involves an infill development project that meets the applicable criteria and is not excluded from the use of the exemption due to the exceptions listed in Section 15300.2 of the CEQA Guidelines, as further elaborated in the CEQA Infill Exemption Memorandum for the Project prepared by Metropolitan Planning Group (“M-Group”), dated October 2025:
a. The Project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designations and regulations.

The Project is a mixed-use development with multi-family residential and commercial uses which 2 are permissible uses in the T5N 50/70 zoning district. The Project is consistent with the General Plan, as detailed in the General Plan Consistency Table (Exhibit 1), Zoning Ordinance as detailed in the Zoning Ordinance Consistency Table (Exhibit 2), Downtown Precise Plan (Exhibit 3), and “Good Design” Downtown Guidelines as detailed in the “Good Design” Downtown Guidelines Consistency Table (Exhibit 4). While the Project seeks waivers to development standards pursuant to the State Density Bonus Law, the use of waivers does not render the Project inconsistent with applicable development standards. Therefore, the Project is consistent with the applicable General Plan designation and policies, and applicable zoning designation and regulations.
b. The Project occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.

The Project site is comprised of one (1) lot, 28,667 square feet (0.66 acres). Additionally, the Project site is substantially surrounded by urban uses including medical offices to the south, commercial uses to the west and north, and a surface parking lot to the east. Therefore, the Project is within city limits on a site of no more than five acres substantially surrounded by urban uses.
c. The Project site has no value as habitat for endangered, rare or threatened species.

Due to the developed and disturbed nature of the Project site and surroundings, as well as the absence of vegetation or water features on or near the site, the site does not support listed species or their habitat. As shown in Figure 6-3 of the General Plan, the site is not designated as critical habitat for endangered, rare, or threatened, species. Thus, the Project site has no value as habitat for endangered, rare, or threatened species.
d. Approval of the Project would not result in any significant effects related to traffic, noise, air quality, or water quality.

The CEQA Categorical Exemption Review Memorandum (Attachment 2 to the Staff Report) determined that the Project would not result in any significant effects related to traffic, noise, air quality or water quality as implementation of uniformly applied development standards, compliance with applicable regulations and policies, and conditions of approval would address all such impacts. Therefore, approval of the Project would not result in any significant effects related to traffic, noise, air quality, or water quality.
e. The site can be adequately served by all required utilities and public services.

The Project would be located in an urban area served by existing public utilities and services. The site itself, which is currently developed with a commercial building, is already served by such public utilities and services. Furthermore, the Project is within the development potential anticipated by the San Rafael 2040 General Plan and Downtown Precise Plan and as such can be served by all available local and regional services. As the Project is consistent with the Precise Plan, there are adequate public utilities and services to serve the proposed Project.

WHEREAS, on November 18, 2025 the San Rafael Planning Commission held a duly noticed public hearing on the proposed Environmental and Design Review Permit, accepting all oral and written public testimony and the written report of the Community and Economic Development Department staff.

NOW THEREFORE BE IT RESOLVED, the Planning Commission makes the following findings relating to the Environmental and Design Review Permit (PLAN25-013 and ED25-027).

SECTION 1. ENVIRONMENTAL AND DESIGN REVIEW FINDINGS (ED25-027) A. The Project design is in accord with the general plan, the objectives of the zoning 3 ordinance and the purposes of this chapter in that:

The site is designated as Downtown Mixed Use on the General Plan 2040 Land Use Map, which provides the highest development intensities in San Rafael and allows for a mix of housing, office, retail, service, and public land uses. The Project design is consistent with the Downtown Mixed Use land use designation as it provides 4,000 square feet of commercial space on the ground floor and utilizes state density bonus to maximize the residential density, thereby achieving a development intensity that supports continued growth Downtown to create a mixed-use neighborhood and quality residential environment The Project site is identified in Appendix B of the San Rafael Housing Element as a housing inventory site, with the potential to accommodate up to 165 future residential units. The Project offers 131 units, including 11 units that will be deed-restricted affordable units. The Project design is consistent with Housing Element of the General Plan, in that it proposes small to mid-sized one- and two-bedroom units to maximize housing opportunities downtown.

The Project is consistent with several General Plan goals, policies and programs, including those contained in the Land Use; Neighborhoods; Community Design and Preservation; Conservation and Climate Change; Parks, Recreation, and Open Space; Safety and Resilience; Noise; Mobility; Community Services and Infrastructure; and Housing Elements, as detailed in the General Plan Consistency Table, Exhibit 1.

Section C of City Council Resolution 14890 requires that affordable housing units be of a similar mix and type to that of the residential development project as a whole, including compatibility of amenities provided. As proposed, the Project does not comply with this requirement. As proposed, of the 120 market-rate units, 36 (30%) do not have private open space amenities (balconies). Of the 11 below market rate units, 11 (100%) do not have private open space amenities (balconies). Consistent with State Density Bonus Law, the Project is entitled to one concession and is utilizing the one concession to waive out of this requirement.

As detailed in the October 2, 2025 State Density Bonus Law Concession Request, the applicant has confirmed that the construction of BMR units without balconies will result in identifiable and actual cost savings for the Project. As such, the Planning Commission hereby approves the requested concession.

B. The Project design is consistent with all applicable site, architecture and landscaping design criteria and guidelines for the district in which the site is located:

The Project, as proposed and conditioned, is consistent with applicable regulations contained in Title 14 (Zoning) of the San Rafael Municipal Code (“SRMC”), as detailed in the Zoning Consistency Table, Exhibit 2 and is consistent with applicable regulations contained in Chapter 9 (Downtown Form Based Code) of the Downtown San Rafael Precise Plan, as detailed in the DTFBC Consistency Table, Exhibit 3.

As detailed in the above-referenced exhibits, the Project utilizes provisions contained in Government Code Section 65915(e) to achieve the overall proposed density by requesting waivers or reduction of development standards. As demonstrated below, the requested waivers or reduction of development standards are necessary to physically accommodate the Project.
• Overall Building Height: The “base project” is built to 45’, which is below the 50’ overall building height limit established for the T5N 50/70 zoning district. A waiver of this development standard is required to accommodate the density bonus units, resulting in an overall building height of 83.5’. Without the waiver, the density bonus units could not be physically accommodated, and the Project could not be constructed at the allowable density. As such, the waiver of this development standard is permissible under State Density Bonus Law.
4 • Top Plate Height: The “base project” is built to the 45’ top plate height limit established for the T5N 50/70 zoning district. A waiver of this development standard is required to accommodate the density bonus units, resulting in a top plate height of 82.6’. Without the waiver, the density bonus units could not be physically accommodated, and the Project could not be constructed at the allowable density. As such, the waiver of this development standard is permissible under State Density Bonus Law.
• Stepbacks: The T5N 50/70 zoning district requires a 10-foot front, side, and rear stepbacks for buildings above 45 feet in height. Stepbacks limit the amount of buildable floor area and would therefore limit the amount of space that could otherwise be utilized for residential units. Without the waiver, density bonus units could not be physically accommodated, and the Project could not be constructed at the allowable density. As such, the waiver from this development standard is permissible under State Density Bonus Law.
• Parking Setbacks: A waiver from the 25-foot front, 25-foot side street, 5-foot side, and 5- foot rear parking setbacks is required to accommodate the density bonus units, resulting in 0-foot enclosed parking setbacks along all sides. Without the waiver, the density bonus units could not be physically accommodated, and the Project could not be constructed at the allowable density. As such, the waiver of this development standard is permissible under State Density Bonus Law.
• Civic Space: The T5N 50/70 zoning district requires projects on sites that are between 15,000 and 30,000 square feet to provide a minimum of 200 square feet of civic space.

Providing civic space would physically displace areas where dwelling units are proposed and the project would not be able to be constructed at the allowable density. As such, the waiver from this development standard is permissible under State Density Bonus Law. • Bicycle Parking: Section 2.3.050(H) of the Precise Plan requires a minimum of 1 bicycle parking space for each one-bedroom unit and a minimum of 2 bicycle parking spaces for each two-bedroom unit proposed. The Project is required to provide a total of 185 bicycle parking spaces. In addition, Section 14.18.090(E) of the San Rafael Municipal Code requires bicycle parking facilities to be designed to include at least ten inches clearance (10″) to walls or other obstructions (14.18.090(E)(4)), provide an aisle or other space to be provided for bicycles to enter and leave the facility (14.18.090(E)(5)), and that bicycle and auto parking areas be separated by a physical barrier or sufficient distance to protect parked bicycles from damage by cars (14.18.090(E)(6)). As proposed, the Project includes provides 109 spaces (93 covered, 16 uncovered) which does not meet the minimum 185 spaces required. Additionally, the 93 covered spaces do not comply with the design requirements and are therefore not formally counted towards the bicycle parking spaces.

Bicycle parking would occupy floor area that is otherwise allocated to dwelling units. As proposed, the basement and ground floor of the project are fully built out. Compliance with the minimum bicycle parking and bicycle facility design requirements would physically displace areas where dwelling units are proposed and the project would not be able to be constructed at the allowable density. As such, the waiver from this development standard is permissible under State Density Bonus Law.
• Frontage Standards: Section 3.3.090 of the Precise Plan specifies objective design standards for the Shopfront frontage type, which is the frontage type proposed for the Project. the objective standards establish a 3-foot maximum distance between glazing; 75% minimum ground floor glazing as measured between the sidewalk and finished ceiling height; and a shopfront base between 12- and 30-inches. A waiver from the 3-foot maximum distance between glazing is required for the structural elements necessary to physically accommodate the density bonus units, resulting in 4.5-foot distance between 5 glazing. A waiver from the 75% minimum glazing requirement is required to accommodate the necessary mechanical, electrical, and plumbing spaces, structural shear walls, and parking areas, resulting in a 48% ground floor glazing along 3rd St. Lastly, a waiver from the shopfront base requirement is necessary due to the existing slope of the adjacent sidewalks and in order to meet ADA requirements that the interior floors be flat. As such, the waiver of this development standard is permissible under State Density Bonus Law.

As detailed above, the strict enforcement of these development standards would preclude the project from achieving the proposed density by requiring removal of proposed units to comply with the development standards. As such, the Planning Commission hereby approves the requested waivers.

C. The Project design minimizes adverse environmental impacts, in that:

As an infill development located in the City’s downtown the project minimizes adverse environmental impacts through a compact footprint; location near high quality transit, including the Sonoma Marin Area Rail Transit (“SMART”) Downtown San Rafael Station and the Golden Gate Transit Center; and location near goods and services. The compact footprint limits the Project’s physical area of impact and the location near transit, goods, and services, provides opportunities for occupants to utilize alternative modes of transportation (e.g. walking, biking, transit) which reduces greenhouse gas emissions associated with driving.

The project is required to comply with CalGreen standards which are confirmed through the building permit review process. Water service is currently provided at the site by Marin Municipal Water District (MMWD). MMWD confirmed that the project will not impair the District's ability to continue service to this property, though purchase of additional water entitlement will be required. Wastewater service will be provided by the San Rafael Sanitation District (“SRSD”).

SRSD provided a Will Serve Letter to the Applicant on August 29, 2025, confirming that the project can be served by existing sewer infrastructure, provided that certain conditions are met.

D. The Project design will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity.

The project has been reviewed by the Building Division, San Rafael Fire Department, Police Department, Department of Public Works, Marin Sanitation District, Marin Municipal Water District, and San Rafael Sanitation District. The Project will be built in accordance with the applicable California Building Code and conditions of approval have been incorporated to ensure the Project will not be detrimental to the public health, safety, or welfare, nor materially injurious to properties or improvements in the Project vicinity.

SECTION 2. STATE DENSITY BONUS LAW FINDINGS
The base project provides 110 units, of which 11 will be deed restricted to be available and rented to low-income households. Since 10% of the units in the base project will be affordable to lowincome households, the Project qualifies for benefits under the State Density Bonus Law, including a 20% density bonus and one incentive or concession. (Gov. Code § 65915(f)(1), (d)(2)(A).) The Project will utilize its one (1) concession to modify the affordable housing standards contained in section C of City Council Resolution 14890 and will utilize waivers as described above.

SECTION 3. NO NET LOSS
Government Code section 65863 “No Net Loss Law” requires the City to maintain a sufficient supply of adequate sites in its housing element at all times throughout the housing element planning period to meet the City’s remaining unmet share of the Regional Housing Needs Allocation (RHNA) for each income category. To comply with the No Net Loss Law, the City must ensure its actions do not create 6 a shortfall of available sites. The City of San Rafael 2023-2031 Housing Element was adopted on May 15, 2023. The Housing Element shows a realistic capacity of 54 units on 0.6-acre site and 131 units are proposed by the project. Therefore, the project would not propose a lower density than what was assumed in the 2023-2031 Housing Element sites inventories and its remaining sites are sufficient to accommodate its remaining RHNA.

SECTION 4. CEQA and ENVIRONMENTAL REVIEW
The Planning Commission makes the following findings, based on its independent judgment after considering the project, and after reviewing and considering all written and oral information submitted in this matter, including the CEQA Exemption Memo prepared by M-Group:

A. The project is categorically exempt from environmental review pursuant to Section 15332 (Infill Development Projects) because it satisfies the following conditions.

1. The project is a mixed-use development with multi-family residential and commercial uses which are permissible uses in the T5N 50/70 zoning district. The Project is consistent with the General Plan, as detailed in the General Plan Consistency Table (Exhibit 1), Zoning Ordinance as detailed in the Zoning Ordinance Consistency Table (Exhibit 2), and Downtown Precise Plan (Exhibit 3). While the Project seeks waivers to development standards pursuant to the State Density Bonus Law, the use of waivers does not render the project inconsistent with applicable development standards. Therefore, the Project is consistent with the applicable General Plan designation and policies, and applicable zoning designation and regulations.

2. The Project site is comprised of one (1) lot, 28,667 square feet (0.66 acres). Additionally, the project site is substantially surrounded by urban uses including medical offices to the south, commercial uses to the west and north, and a surface parking lot to the east.

Therefore, the project is within city limits on a project site of no more than five acres substantially surrounded by urban uses.

3. Due to the developed and disturbed nature of the project site and surroundings, as well as the absence of vegetation or water features on or near the site, the site does not support listed species or their habitat. As shown in Figure 6-3 of the General Plan, the site is not designated as critical habitat for endangered, rare, or threatened, species. Thus, the Project site has no value as habitat for endangered, rare, or threatened species.

4. The CEQA Categorical Exemption Review Memorandum (Attachment 2 of the staff report) determined that the project would not result in any significant effects related to traffic, noise, air quality or water quality as implementation of uniformly applied development standards, compliance with applicable regulations and policies, and conditions of approval would address all such impacts. Therefore, approval of the Project would not result in any significant effects related to traffic, noise, air quality, or water quality.

5. The project would be located in an urban area served by existing public utilities and services. The site itself, which is currently developed with a commercial building, is already served by such public utilities and services. Furthermore, the project is within the development potential anticipated by the San Rafael 2040 General Plan and Downtown Precise Plan and as such can be served by all available local and regional services. As the project is consistent with the Precise Plan, there are adequate public utilities and services to serve the proposed project.

Further, as analyzed in the CEQA Exemption Memo, none of the exceptions to the Class 32 Exemption apply. (CEQA Guidelines Section 15300.2.) The Project would not result in significant cumulative impacts, impacts to scenic highways, or historical resources. The Project does not involve unusual circumstances or a hazardous waste site. Therefore, none 7 of the exceptions to the Class 32 exemption apply.

SECTION 5. SEVERABILITY
If any term, provision, or portion of these findings or the application of these findings to a particular situation is held by a court to be invalid, void or unenforceable, the remaining provisions of these findings, or their application to other actions related to the project, shall continue in full force and effect unless amended or modified by the City.

SECTION 6. CONDITIONS OF APPROVAL
General Terms and Standard Conditions
The following are general terms and standard conditions that apply to each severable entitlement of the 900 A Street Project, hereby the “project”: Environmental and Design Review Permit (PLAN25-013; ED25-027)

1. For purposes of these Conditions of Approval, the following terms shall have the following meanings:
• “Director” shall mean the Director of the Community and Economic Development Department • “First building permit” shall mean the first permit required for any earth-disturbing activities, including, permits for grading, excavation, shoring, utilities, demolition, site preparation, or any other permits required for earth-disturbing activities including any permit required for construction related activities on a structure including permits for building, foundation, or superstructure.
• “Building permit” shall mean any permit required for any earth-disturbing activities, including, permits for grading, excavation, shoring, utilities, demolition, site preparation, or any other permits required for earth-disturbing activities, including any permit required for construction related activities on a structure including permits for building, foundation, or superstructure. • “Site development permit” shall mean any permit required for earth-disturbing activities, including, permits for grading, excavation, shoring, utilities, demolition, site preparation, or any other permits required for earth-disturbing activities, but excluding building permits. • “Applicant” shall mean Monohan Pacific Corporation and/or any successor in interest. • “Property Owner(s)” shall mean Fasano Properties, LLC and/or any successor in interest. • “Project” shall mean the 900 A Street Project as approved by the City of San Rafael. The project includes demolition of the existing 4,400 square foot commercial building and associated site improvements in a single phase; construction of 190,147 square feet of gross floor area, inclusive of 138,402 square feet of residential area (including residential amenities and 131 units comprised of 77 one-bedroom and 54 two-bedroom units, of which, 11 are deed restricted below market rate units affordable to low-income households); 4,000 square feet of commercial area; and 47,745 square feet of garage, mechanical, electric, and plumbing area in a single phase.
• “Project Site” shall mean the approximately 28,667 square foot property comprised of APN 011-263-21, located at 1030 3rd Street as shown on the Land Title Survey prepared by Alta/NSPS, dated May 2025.

2. Development of the Project. Development of the Project shall be substantially in conformance with the plans and supporting documents attached to the November 18, 2025 Planning Commission staff report (hereinafter the “Plans”), including:
• Architectural and Lighting Plans, prepared by Stackhouse De La Pena Trachtenberg, received 8 on October 8, 2025 and dated August 14, 2025
• Civil Plans, prepared by Lea & Braze Engineering, Inc, received on October 8, 2025 and dated February 6, 2025
• Landscape Plans, prepared by Yamasaki Landscape Architecture, received October 8, 2025 and dated April 22, 2025
• Tree Inventory Report, prepared by Horticultural Associates, dated March 8, 2025 All Plans are hereby incorporated by reference. The Plans may only be modified by the conditions contained herein, subject to review and approval of the Community and Economic Development Director or their designee.

3. Fees, Dedication Requirements, Reservation Requirements and Other Exactions. The conditions of project approval set forth herein include certain fees, dedication requirements, reservation requirements and other exactions. Pursuant to Government Code Section 66020(d)(1), these conditions constitute written notice of the statement of the amount of such fees and a description of the dedications, reservation, and other exactions. You are hereby notified that the 90-day period in which you may protest those fees, the amount of which has been identified herein, dedications, reservations, and other exactions required in connection with the instant approvals has begun. If you fail to file a protest complying with all the requirements of Section 66020, you will be legally barred from later challenging such exaction.

5. Timing of Payment of Fees. At the times (e.g., building permit) provided for in the City’s fee ordinances, the applicant shall pay all applicable City Development Impact fees.

9. Limitations of Approval. This Permit authorizes only the proposed Project described in the application. In no way does approval authorize other uses, structures or activities not included in the Project description. When the City approves a new use that replaces an existing use, any prior approval of the existing use becomes null and void when permits for the new use are exercised (e.g., building permit or business license issued). To reestablish the previously existing use, an applicant must obtain all permits required by the Zoning Ordinance for the use.
9 10. All Plans and Information Become Conditions. All information and representations, whether oral or written, including the building techniques, colors, materials, elevations, and overall appearance of the Project, as presented at the November 18, 2025 Planning Commission hearing and as presented in the Project plans shall be the same as required for the issuance of a building permit, except as modified by these conditions of approval. Minor modifications or revisions to the Project shall be subject to review and approval by the Director. Modifications deemed not minor by the Director may require review and approval as an amendment to the approved Environmental and Design Review Permit (PLAN25-013, ED25-027).

11. Regulation Compliance. Approved use and/or construction is subject to, and shall comply with, all applicable City Ordinances and laws and regulations of other governmental agencies.

Compliance with the Zoning Ordinance does not relieve an applicant from requirements to comply with other federal, state, and City regulations that also apply to the property. Prior to any construction, tenant improvement or installation of signage, the applicant shall identify and secure all applicable permits from all federal, state, and City departments.

13. Construction Hours (Ongoing throughout demolition, grading, and/or construction). Consistent with the City of San Rafael Municipal Code Section 8.13.050.A, construction hours on private property shall be limited to 7:00 a.m. to 6:00 p.m. Monday through Friday and 9:00 a.m. to 6:00 p.m. on Saturdays. Construction shall not be permitted on Sundays or City- observed holidays.

Construction activities shall include delivery of materials, hauling materials off-site; startup of construction equipment engines, arrival of construction workers, playing of radios and other noises caused by equipment and/or construction workers arriving at, or working on, the site.

15. Construction Noise (Ongoing throughout demolition, grading, and/or construction). During construction, the project shall incorporate the following best management practices:
a. All equipment driven by internal combustion engines shall be equipped with mufflers, which are in good condition and appropriate for the equipment. b. The construction contractor shall utilize “quiet” models of air compressors and other stationary noise sources where technology exists.
10 c. At all times during Project grading and construction, stationary noise-generating equipment shall be located as far as practicable from sensitive receptors and placed so that emitted noise is directed away from residences. d. Unnecessary idling of internal combustion engines shall be prohibited. e. Construction staging areas shall be established at locations that will create the greatest distance between the construction related noise sources and noise-sensitive receptors nearest the Project site during all Project construction. f. The required construction related noise mitigation plan shall also specify that haul truck deliveries are subject to the same hours specified for construction equipment. g. Neighbors located adjacent to the construction site shall be notified of the construction schedule in writing.
h. The construction contractor shall designate a “noise disturbance coordinator” who will be responsible for responding to any local complaints about construction noise. The disturbance coordinator would determine the cause of the noise complaint (e.g., starting too early, bad muffler, etc.) and institute reasonable measures as warranted to correct the problem. A telephone number for the disturbance coordinator shall be conspicuously posted at the construction site.

16. Construction Vibration (Ongoing throughout demolition, grading, and/or construction). During construction, the Project shall incorporate the following best management practices:
a. Avoid the use of large earthmoving equipment (greater than 100 hp) within 15 feet of residential buildings and within 12 feet of commercial buildings, as this is the distance where these buildings are susceptible to damage from vibration from this equipment. b. Schedule construction activities with the highest potential to produce vibration to hours with the least potential to affect nearby institutional, educational, and office uses that the Federal Transit Administration identifies as sensitive to daytime vibration (FTA 2006).
c. Select quiet construction equipment, particularly air compressors, whenever possible.

Fit motorized equipment with proper mufflers in good working order. d. construction contractor shall designate a “noise disturbance coordinator” who will be responsible for responding to any local complaints about construction vibration. The disturbance coordinator shall determine the cause of any vibration complaint (e.g., starting too early, bad muffler, etc.) and shall require that reasonable measures be implemented to correct the problem. A telephone number for the disturbance coordinator shall be posted at the construction site.

17. Bay Area Air District Basic Best Management Practices. Consistent with General Plan Policy C2.4 (Particulate Matter Pollution Reduction), Program C-2.4A (Particulate Matter Exposure), and the Bay Area Air District Guidelines, during any construction period ground disturbance, the applicant shall ensure that the following measures to control dust and exhaust are implemented. a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. b. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. c. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph). 11 e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
f. All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 mph.
g. All trucks and equipment, including their tires, shall be washed off prior to leaving the site. h. Unpaved roads providing access to sites located 100 feet or further from a paved road shall be treated with a 6- to 12-inch layer of compacted layer of wood chips, mulch, or gravel.
i. Publicly visible signs shall be posted with the telephone number and name of the person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s General Air Pollution Complaints number shall also be visible to ensure compliance with applicable regulations.

18. Health Risk Assessment. Consistent with General Plan Policy C-2.2 (Land Use Compatibility and Building Standards), Program C-2.2A (Protection of Sensitive Receptors), a construction health risk assessment shall be prepared in accordance with the policies and procedures of the Office of Environmental Health Hazard Assessment (OEHHA) and the Bay Area Air District’s CEQA Guidelines. A construction health risk assessment shall not be required if the following measures, which are capable of reducing potential cancer and non-cancer risks to a level below ten in one million or a hazard index of 1.0, are incorporated:
a. Verified Diesel Emission Control Strategies. All off-road construction equipment greater than 50 horsepower shall be equipped with Tier 2 or higher engines and the most effective Verified Diesel Emission Control Strategies (VDECS) available for the engine type (Tier 4 engines automatically meet this requirement) as certified by the California Air Resources Board (CARB). The equipment shall be properly maintained and tuned in accordance with manufacturer specifications. b. Construction Emissions Minimization Plan. A Construction Emissions Minimization Plan (Emissions Plan) shall be prepared that includes the following:
i. An equipment inventory summarizing the type of off-road equipment required for each phase of construction, including the equipment manufacturer, equipment identification number, engine model year, engine certification (tier rating), horsepower, and engine serial number. For all VDECS, the equipment inventory shall also include the technology type, serial number, make, model, manufacturer, CARB verification number level, and installation date. ii. A Certification Statement that the Contractor agrees to comply fully with the Emissions Plan and acknowledges that a significant violation of the Emissions Plan shall constitute a material breach of contract. The Emissions Plan shall be submitted to the City for review and approval prior to the issuance of building permits.

19. Encroachment Permit (Ongoing throughout demolition, grading, and/or construction). Any construction work, including on-street traffic control, is subject to review and approval through the Department of Public Works Encroachment Permit process. Truck routes shall be submitted for review and approval through Department of Public Work’s Transportation Permit process and shall comply with City of San Rafael Municipal Code Chapter 5.52.

20. Archaeological Resources (Ongoing throughout demolition, grading, and/or construction). In the event that any archaeological features, including but not limited concentrations of artifacts 12 or culturally modified soil deposits including trash pits older than fifty years of age, are discovered at any time during grading; scraping, or excavation within the property, all work shall be halted in the vicinity of the find, the Planning Division shall be notified, the Federated Indians of Graton Rancheria (FIGR) shall be immediately notified and a qualified archaeologist retained at Developer’s sole cost and expense to consult with the City, FIGR, and the Developer shall be retained to advise on best practices for assessing the significance of the find, developing and implementing a mitigation plan if avoidance is not feasible. The mitigation plan shall be submitted and approved within 72 hours. If warranted by the concentration of artifacts or soils deposits, an archaeologist shall monitor further work in the discovery area.

21. Human Remains (Ongoing throughout demolition, grading, and/or construction). In accordance with Public Resource Code (“PRC”) Section 5097.98 and Health and Safety Code Section 7050.5, if human remains are encountered within the Project site, all work must stop within 100-feet of the discovery area, the area shall be secured to prevent further disturbance, and the Marin County Coroner shall be notified. The coroner will determine if the remains are precontact period Native American remains or of modern origin and if any further investigation by the coroner is warranted. If the remains are suspected to be those of a precontact period Native American, the coroner shall contact the Native American Heritage Commission (“NAHC”) within 24-hours. The NAHC will immediately notify the person it believes to be the most likely descendant (“MLD”) of the remains. The MLD has 48-hours to make recommendations to the landowner for the treatment or disposition of the human remains in accordance with PRC code section 5097.98. If the MLD does not make recommendations within 48-hours, the landowner is required by law to rebury the remains within an area of property that will not be subject to future disturbances. A Secretary of the Interior-qualified archaeologist shall also be retained to evaluate the historical significance of the discovery, the potential for additional remains to be present, and provide further recommendations for treatment of the resource in coordination with the MLD.

22. Construction Management Plan. The applicant shall submit a Construction Management Plan (CMP) for review and approval by the Director of Community and Economic Development Department and Director of Public Works prior to issuance of building or grading permit. The construction management plan shall address at a minimum, the following:
a. Acknowledgement that all materials and equipment shall be staged on-site, unless otherwise approved in writing by the Chief Building Official. b. Contact information (phone number and email) for contractor, property owner project liaison shall be posted on site in an all weather sign that is visible to the public right of way.
c. Provisions for installation of an all-weather sign at all entrances to the construction site to inform all contractors and subcontractors of the requirements of the City’s Noise Ordinance in accordance with SRMC 8.13.050.
d. Traffic Control Plan (“TCP”) addressing on-site and off-site construction traffic. The TCP shall be stamped and signed by a registered engineer prior to submittal and shall be consistent with any other requirements of the construction phase. A current copy of the TCP shall be available at all times at the construction site for review by City Staff. The TCP shall include:
i. Any alterations, closures, or blockages to sidewalks, pedestrian paths or vehicle travel lanes (including bicycle lanes);
ii. Storage of building materials, equipment, dumpsters, and/or debris anywhere in the public Right of Way;
iii. Hauling routes for trucks used during construction of Project. 13 e. Designate location of construction worker parking on-site or in another off-street location provided by the applicant. Construction workers may not park on-street in the downtown area or adjacent residential neighborhoods. f. A screened security fence approved by the Director of Community and Economic Development Department shall be placed and maintained around the perimeter of the Project and removed immediately following construction work. g. Proposed construction phasing, schedule of work, and approximate timeline of Project.
h. In the event that the CMP is conflicting with any conditions imposed by the grading permit for the Project, the more restrictive language or conditions shall prevail. The applicant shall be responsible for addressing any unanticipated construction impacts to the neighborhood and surrounding residents to the reasonable satisfaction of the Director of Community and Economic Development Department. i. Mass grading shall occur between April 15 through October 15, unless otherwise approved in writing by the Department of Public Works.
j. Acknowledgement that the applicant shall be required to repair any roadway damage created by the additional construction truck traffic.
k. Acknowledgement that that the location of construction trailers shall be on-site, unless otherwise approved by the Chief Building Official.
l. Location of construction staging and material storage related to the Project. m. Environmental and safety measures including:
i. Construction safety fences around the construction area. ii. Dust control and air pollution control measures.
iii. Erosion and sedimentation control measures.
iv. Tree protection fencing.
v. Construction vehicle parking

23. Pre-Construction Nesting Bird Surveys. In accordance with General Plan Policy C-1.13 (Special Status Species), Program C-1.13E (Avoidance of Nesting Birds), and State and federal regulations, if construction, grading, or other project- related construction activities are scheduled during the nesting season, February 1 to September 1, a focused survey for active nests shall be conducted by a qualified biologist within 7 days prior to the beginning of project related activities. If an active nest is found, the qualified biologist shall delineate a no-workzone buffer distance around the nest that is site and species specific using high visibility fencing or flagging. The buffer distance shall be specified to protect the bird’s normal behavior and prevent nesting failure or abandonment. No work shall occur within the no-work zone until the nest is no longer active as determined by a qualified biologist. If a lapse in project- related work of 7 days or longer occurs, another focused survey shall occur before project work is reinitiated.

24. Pre-Construction Roosting Bat Habitat Assessment and Surveys. In accordance with General Plan Policy C-1.12 (Native or Sensitive Habitats), Program C-1.12A (Surveys for Sensitive Natural Communities and Special Status Species), prior to any building demolition or tree removal, a qualified biologist shall conduct a habitat assessment for pallid bats. A qualified bat biologist shall have at least 2 years of experience conducting bat surveys that resulted in detections for relevant species, such as pallid bat, with verified project names, dates, and references, and experience with relevant equipment used to conduct bat surveys. The habitat 14 assessment shall be conducted no more than 15 days prior to tree removal or building demolition and shall include a visual inspection of potential roosting features ( e.g., cavities, crevices in wood and bark, exfoliating bark, suitable canopy for foliage roosting species, attics, eaves). If suitable habitat trees or buildings are found, or bats are observed, the following shall also be required.
a. Roosting Bat Building Exclusion Plan. If the qualified biologist identifies buildings scheduled for demolition as potential bat habitat, then building demolition shall not occur until either ( 1) a qualified biologist conducts night emergence surveys or completes visual examination of roost features that establishes absence of roosting bats, or ( 2) an appropriate bat eviction and exclusion plan has been approved by the City of San Rafael and implemented. The City of San Rafael shall seek the California Department of Fish and Wildlife’ s input on the exclusion plan. The plan shall: ( a) recognize maternity and winter roosting season as vulnerable seasons for bats and require exclusion outside of these times, generally between March 1 and April 15 or September 1 and October 15; (b) identify suitable areas for excluded bats to disperse or require installation of appropriate dispersal habitat, such as artificial bat houses, prior to project activities and include an associated management and monitoring plan with implementation and funding; and (c) include a requirement that exclusion materials shall be re-evaluated for effectiveness by the qualified biologist up to 2 weeks prior to building demolition. b. Roosting Bat Tree Protections. If the qualified biologist identifies potential bat habitat trees, then tree trimming and tree removal shall not proceed unless the following occurs: (1) a qualified biologist conducts night emergence surveys or completes visual examination of roost features that establish absence of roosting bats, or (2) tree trimming and tree removal occur only during seasonal periods of bat activity, from approximately March 1 through April 15 and September 1 through October 15, and tree removal occurs using the two-step removal process. Two-step tree removal shall be conducted over two consecutive days. The first day (in the afternoon), under the direct supervision and instruction by a qualified biologist with experience conducting two-step tree removal, limbs and branches shall be removed by a tree cutter using chainsaws only; limbs with cavities, crevices or deep bark fissures shall be avoided. The second day the entire tree shall be removed.

25. Pre-Construction Meeting. Prior to issuance of the first site development permit for each construction area (e.g., on-site parcel(s) or building site(s), or off-site improvement construction area), a pre-construction meeting shall be held to review the CMP and conditions of approval with representatives from the Applicant team and the City. The general contractor or Applicant shall ensure that all subcontractors involved in subsequent phases of construction are aware of the conditions of approval.

26. Applicant to Hold City of San Rafael Harmless. Applicant or permittee shall defend, indemnify, and hold harmless the City of San Rafael or its elected and appointed officials, agents, officers, and employees from any claim, action, or proceeding brought by a third party against the City of San Rafael or its elected and appointed officials, agents, officers, or employees to attack, set aside, void, or annul an approval of the Planning Commission, the City Council, the Director, or any other department, committee, or agency of the City concerning any processing, approval, denial or other City action related to the Project.

27. Conditions of Approval Validity. If any term, provision, or portion of these conditions or the application of these conditions to a particular situation is held by a court to be invalid, void or unenforceable, the remaining provisions of these conditions, or their application to other actions related to the Project, shall continue in full force and effect unless amended or modified by the City.
15 ENVIRONMENTAL AND DESIGN REVIEW CONDITIONS OF APPROVAL (ED25-027) Planning Division

28. Project Approval. This Environmental and Design Review Permit (ED25-027) approves the 900 A Street Project, inclusive of demolition of the existing 4,400 square foot commercial building and associated site improvements in a single phase; construction of 190,147 square feet of gross floor area, inclusive of 138,402 square feet of residential area (including residential amenities and 131 units comprised of 77 one-bedroom and 54 two-bedroom units, of which, 11 are deed restricted below market rate units affordable to low-income households); 4,000 square feet of commercial area; and 47,745 square feet of garage, mechanical, electric, and plumbing area in a single phase. Plans submitted for building permit shall be in substantial conformance to the Plans received on October 8, 2025 with regard to building techniques, materials, elevations, and overall project appearance except as modified by these conditions of approval. Minor modifications or revisions to the Project shall be subject to review and approval by the Community and Economic Development Department, Planning Division.

29. Modifications. Modifications to the approved Project deemed greater than minor in nature by the Community and Economic Development Director shall require review and approval by the Planning Commission.

30. Permit Validity. This Permit shall become effective following the appeal period specified in SRMC Ch. 14.28 (see SRMC 14.25.130) on November 28, 2025, or on the date of final determination of any appeal (whichever is later.) This Permit shall be valid for a period of 2 years from the effective date and shall become null and void on that date unless (1) a building permit for vertical construction has been issued and construction diligently pursued, a certificate of occupancy has been issued, or the permit is renewed or extended pursuant to SRMC Section 14.25.150.

31. Site Address. Prior to issuance of first building permit, if Applicant wishes for Project to be addressed “900 A Street,” Applicant shall take all steps necessary and required to readdress the Project parcel from 1030 3rd St. to 900 A Street.

32. Exterior Lighting. Consistent with SRMC Section 14.16.227(B), all exterior lighting shall be appropriately designed and/or shielded to conceal light sources from view off-site and avoid spillover onto adjacent properties.

33. Lighting Levels. Consistent with SRMC Section 14.16.227(C), lighting shall be a minimum intensity wattage of 0.5-foot candle or as otherwise necessary for public safety and a maximum intensity of 1 foot-candle as measured at the property line.

34. Maximum Wattage. Consistent with SRMC Section 14.16.227(F), plans submitted for electrical permits shall specify the maximum wattage of all Project light fixtures.

35. Lighting Inspection. Consistent with SRMC Section 14.16.227(G), the Project shall be subject to a 90-day post installation lighting inspection to evaluate the need for adjustment and assure compliance with adopted standards.

36. Mechanical Equipment. Plans shall demonstrate continued compliance with mechanical equipment screening regulations set forth in Division 3.1, Section 3.1.020 of the Downtown Form Based Code. As provided therein, roof-mounted solar equipment is exempt from the screening requirements. All other mechanical equipment shall be screened with a building parapet that is as tall or taller than the highest point on any new mechanical equipment located on the roof of the building.

37. Noise Standards. Consistent with SRMC Section 14.16.260, the following noise control 16 measures as outlined in the Noise and Vibration Assessment prepared by Illingworth & Rodkin, dated April 4, 2025 shall be incorporated into the final design of the Project. a. All 2nd to 8th floor apartments with facades adjacent to 3rd Street and all 2nd to 6th floor apartments with facades adjacent to A Street shall be equipped with a mechanical ventilation system to allow residents to keep their windows closed for noise control.

The mechanical ventilation systems in these apartments should be designed to supply adequate fresh air to the units with closed windows and may include acoustically rated straight air transfer duct such as the Fresh 80, 90 or 100-dB units by Fresh Ventilation (or equal) or a standard central air conditioning and/or a central heating system with adequate fresh air supply, which is equipped with a ‘summer switch’ to allow the fan to circulate air without cooling or heating operation, or other systems satisfactory to the local building official.
b. The exterior wall assemblies & window/door STC ratings of all 2nd to 8th floor apartments with facades adjacent to 3rd Street and all 2nd to 6th floor apartments with facades adjacent to A Street shall be designed to maintain interior noise levels at or below 45 dBA Ldn with closed exterior doors and windows and the exterior wall assemblies & window/doors.
c. Based on typical residential construction, it is expected that the windows and doors in 2nd to 8th floor apartments with a view of 3rd Street and 2nd to 6th floor apartments with a view of A Street will require STC ratings of between 26 and 30, however the specific determination of sound isolation ratings of the exterior wall assemblies and window/door assemblies shall be determined during the Project design.

38. Use of City Sidewalks and Rights-of-way. This approval does not authorize any specific use of the 4,000 square foot commercial space. Any future use proposing use of city sidewalks and rights-of-way shall comply with the permit requirements of SRMC Section 14.16.277 and the performance standards contained in SRMC Section 14.17.110.

39. Solar Installation. As a newly constructed high-rise multifamily buildings (buildings that have four or more habitable stories) the project shall install solar photovoltaic (“PV”) systems, Unless otherwise exempt from the requirements.

40. Vision Triangle. Consistent with the recommendations of the Local Traffic Analysis, prepared by Advanced Mobility Group, July 2025 plans submitted for building permits shall label all areas falling within 15 feet of the curb return of all intersections and driveways (Vision Triangle). All landscaping, signage, and other project improvements located within the Vision Triangle shall be kept under 3 feet in height, and trees and hanging branches shall be trimmed to a minimum height of 7 feet.

41. Landscape Maintenance. All landscaping shall be maintained in good condition and any dead or dying plants, bushes, trees, or groundcover plantings shall be replaced with new healthy stock of a size appropriate and compatible with the remainder of the growth at the time of replacement.

42. Landscape and Irrigation Plan Approval. Prior to the issuance of occupancy, a licensed landscape architect shall submit a letter to the Community and Economic Development Director certifying that the landscape plan is in compliance with Water Efficient Landscape requirements and the Water Efficient Landscape requirements of San Rafael Municipal Code Section 14.16.370 and MMWD Ordinance No. 414 (including amendments), as applicable.

43. Tree Replacement Plan. Consistent with Program C-1.17B: Tree Management Plan of the General Plan, the applicant shall prepare a tree replacement plan to retain and/or replace all trees removed during construction and replanting. The Plan shall be prepared by a licensed arborist using published standards and practices for protecting and monitoring tree health 17 during and after construction. The plan shall be subject to review and approval by the Community and Economic Development Director. The plan shall identify:
a. Trees proposed for removal, including species and size b. Proposed replacement trees, including species and size and planting measures

44. Tree Replacement. Trees approved for removal shall be replaced as shown on Sheet L1 and L2 of the approved Plans (24, 36-inch box size trees) or as otherwise recommended in the tree replacement plan. Replacement trees shall be planted under the supervision of a certified arborist and all planting measures recommended by the tree replacement plan shall be implemented. Prior to occupancy, the applicant shall submit verification from the certified arborist that trees have been replaced according to the specifications required by the tree replacement plan.

45. Affordable Housing – Number and Affordability Level. Consistent with the approved Plans and the provisions of Government Code Section 65915, the Project shall provide eleven (11) residential units as affordable to low-income households which shall mean those earning no more than 80% of the Area Median Income.

46. Affordable Housing – Timing of Construction. Consistent with the City of San Rafael Guidelines for the Administration of the Affordable Housing Trust Fund, all affordable housing units shall be constructed prior to or concurrent with the construction of market rate housing units and the City shall not issue a final certificate of occupancy for the Project, or any certificate of occupancy for any of the market rate units, until the last certificate of occupancy for the affordable housing units has been issued

47. Affordable Housing – Agreement. Prior to issuance of the first building permit for the Project, a Below Market Rate (“BMR”) agreement (attached to these Conditions of Approval as Exhibit 5 and incorporated herein) for the eleven (11) affordable units shall be approved by the Community and Economic Development Director, executed, and recorded on title in the records of the County of Marin. Prior to issuance of the first building permit, Applicant shall provide to City proof of such recordation.

48. Affordable Housing Agreement – Maximum Rents. As set forth in the Affordable Housing Agreement (attached hereto as Exhibit 4), for each Low Income Unit, the maximum monthly rent shall be 1/12th of 30 percent of sixty (60) percent of the Area Median Income for Marin County, California, adjusted for family size appropriate for the unit and as otherwise adjusted and published from time to time by HCD in Section 6932 of Title 25 of the California Code of Regulations or successor provision. Monthly rent means the total of monthly payments actually made by the household for (a) use and occupancy of each BMR Unit and land and facilities associated therewith, (b) any separately charged fees or service charges assessed by Owner which are required of all tenants, other than security deposits, (c) a reasonable allowance for an adequate level of service of utilities not included in (a) or (b) above, and which are not paid directly by Owner, including garbage collection, sewer, water, electricity, gas and other heating, cooking and refrigeration fuels, but not including telephone or internet service, which reasonable allowance for utilities is set forth in the County of Marin’s Utility Allowance Schedule for detached homes, apartments, condominiums and duplexes, and (d) possessory interest, taxes or other fees or charges assessed for use of the land and facilities associated therewith by a public or private entity other than Owner.

49. Signs. No signage is approved as part of the Project. Future signage shall comply with the requirements of SRMC Chapter 14.19 (Signs).

50. Unbundled Parking. Consistent with Division 3.1 of the Downtown Form Based Code, all offstreet parking spaces accessory to the residential use shall be leased or sold separately from the rental or purchase fees for dwellings for the life of the dwellings. It is the Applicants' 18 responsibility to provide renters of on-site inclusionary affordable units with an equal opportunity to rent or buy a parking space on the same terms and conditions as offered to renters or buyers of other dwellings.

51. Outstanding Fees. No building permit or other post-entitlement permit shall be issued related to the Project until Applicant has paid all outstanding permit processing and regulatory fees related to the Project pursuant to that indemnification and reimbursement agreement entered into by the Applicant on July 15, 2025.

52. Development Impact Fees. Prior to Issuance of the first building permit for the Project, the applicant shall pay all applicable development impact fees required for this Project, including those fees mentioned herein and other fees required by ordinance.

53. City of San Rafael Department Compliance. Prior to first building permit issuance, the Applicant shall comply with all pre-building permit issuance requirements of the Department of Public Works, Community and Economic Development Department, Building Division and Planning Division, and Fire Department that are directly applicable to the Project.

54. Outside Agency Compliance. Prior to first building permit issuance, the Applicant shall comply with all San Rafael Sanitation District and Marin Municipal Water District utility company regulations that are directly applicable to the Project.

55. Project Progress and Completion. The Applicant shall diligently pursue the project’s construction through to completion, and, if at any point after building permits have been issued, the Applicant abandons construction for more than one hundred and twenty (120) consecutive days or the building permits expire, the Applicant shall demolish the uncompleted portions of the Project and restore the site to rough grade condition and shall take reasonable measures to protect public health and safety, protect the building structure from the elements, screen unsightly elements from view (such as through installation of fencing, painting or attractive screens or coverings), and maintain temporary landscaping, to the satisfaction of the Community and Economic Development Director.

56. Construction Site Maintenance. If the Applicant leaves any work of construction in an unfinished state for more than seven (7) consecutive days, the Applicant shall keep the construction site clean and properly secured using best management practices and to the satisfaction of the Chief Building Official.

Building Division

57. Building Code. In addition to any and all conditions specified herein, the design and construction of the Project as well as site alterations shall comply with the latest adopted Building Codes in effect at time of building permit submission.

58. Building Plans. A building permit is required for the proposed work. Applications shall be accompanied by a complete set of construction drawings to include:
a. Architectural plans
b. Structural plans
c. Electrical plans
d. Plumbing plans
e. Mechanical plans
f. Site/civil plans (clearly identifying grade plane and height of the building) g. Structural Calculations
h. Truss Calculations
i. Soils reports
j. Green Building documentation
k. Title-24 energy documentation
19 59. Occupancy Details on Plans. The occupancy classification, construction type and square footage of each building shall be specified on the plans. In mixed occupancies, each portion of the building shall be individually classified.

60. Occupancy Calculations. The occupancy classification, construction type and square footage of each building shall be specified on the plans in addition to justification calculations for the allowable area of each building. Site/civil plans prepared by a California licensed surveyor or engineer clearly showing topography, identifying grade plane and height of the building.

61. Mixed Occupancy Type. This building contains several different occupancy types. Individual occupancies are categorized with different levels of hazard and may need to be separated from other occupancy types for safety reasons. Under mixed-occupancy conditions the project architect has available several design methodologies (accessory occupancies, nonseparated occupancies, and separated occupancies) to address the mixed-occupancy concerns.

62. Building Height. Building height and story must comply with CBC Section 504. On the plan justify the proposed building area and height.

63. Building Area. Building areas are limited by CBC Table 506.2. On plan justify the proposed building area.

64. Building Area. The maximum area of unprotected and protected openings permitted in the exterior wall in any story of a building shall not exceed the percentages specified in CBC Table 705.8 “Maximum Area of Exterior Wall Openings Based on Fire Separation Distance and Degree of Opening Protection.” To calculate the maximum area of exterior wall openings you must provide the building setback distance from the property lines and then justify the percentage of proposed wall openings and include whether the opening is unprotected or protected.

65. Building Area. Buildings located 4 or more stories above grade plane, one stairwell must extend to the roof, unless the roof slope exceeds an angle of 4 vertical to 12 horizontal CBC 1011.12.

66. Building Addressing. Each building must have address identification placed in a position that is plainly legible and visible from the street or road fronting the property. Numbers painted on the curb do not satisfy this requirement. In new construction and substantial remodels, the address must be internally or externally illuminated and remain illuminated at all hours of darkness. Numbers must be a minimum 4 inches in height with ½ inch stroke for residential occupancies and a minimum 6 inches in height with ½ inch stroke for commercial applications.

The address must be contrasting in color to their background SMC 12.12.20.

67. Demolition Permit. Any demolition of existing structures will require a permit. Submittal shall include three (3) copies of the site plan, asbestos certification and PG&E disconnect notices.

Also, application must be made to the Bay Area Air Quality Management District prior to obtaining the permit and beginning work.

68. School Fees. School fees will be required for the project. Calculations are done by the San Rafael City Schools, and those fees are paid directly to them prior to issuance of the building permit.

69. Soils Report. Regarding any grading or site remediation, soils export, import and placement; provide a detailed soils report prepared by a qualified engineer to address these procedures.

The report should address the import and placement and compaction of soils at future building pad locations and should be based on an assumed foundation design. This information should be provided to Building Division and Department of Public Works for review and comments prior to any such activities taking place. A grading permit may be required for the abovementioned work. 20 70. Geotechnical and Civil Pad Certification. Prior to building permit issuance for the construction of each building, geotechnical and civil pad certifications are to be submitted.

71. Ventilation Area. Every space intended for human occupancy shall be provided with natural light by means of exterior glazed openings in accordance with the applicable CBC or shall be provided with artificial light in accordance to acceptable criteria in the CBC.

72. Natural Lighting. Natural light, the minimum net glazed area shall not be less than 8 percent of the floor area of the room served CBC 1205.2 or shall provide artificial light in accordance with CBC 1205.3.

73. Signage. All site signage as well as wall signs require a separate permit and application (excluding address numbering).

74. Monument Sign Address Numbers. Monument sign(s) located at the driveway entrance(s) shall have address numbers posted prominently on the monument sign.

75. Parking Garage. In the parking garage, mechanical ventilation will be required capable of exhausting a minimum of .75 cubic feet per minute per square foot of gross floor area CMC Table 4-4. 21. In the parking structure, in areas where motor vehicles are stored, floor surfaces shall be of noncombustible, nonabsorbent materials. Floors shall drain to an approved oil separator or trap discharging to sewers in accordance with the Plumbing Code and SWIPP.

76. Sanitary Facilities. Each building shall be provided with sanitary facilities per CPC Sec 412 and Table 4-1 (including provisions for persons with disabilities). Separate facilities shall be required for each gender.

77. Elevator Car. Minimum elevator car size (interior dimension) 60” wide by 30” deep with an entrance opening of at least 60” or a car size of 42” wide by 48” deep with an entrance opening of 36” or a car size of 60” wide by 36” deep with an entrance opening of at least 36”.

78. Elevators. All buildings with one or more elevators shall be provided with not less than one medical emergency service elevator. The medical emergency service elevator shall accommodate the loading and transport of an ambulance gurney or stretcher. The elevator car size shall have a minimum clear distance between walls and door excluding return panels not less than 80 inches by 54 inches and a minimum distance from wall to return panel not less than 51 inches with a 42-inch side slide door.

79. Exits. A minimum of two exits, with proper separation, are required from the third floor of each unit. The exits must located a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the area served.

80. Accessibility. The proposed facility shall be designed to provide access to the physically disabled. For existing buildings and facilities when alterations, structural repairs or additions are made, accessibility improvements for persons with disabilities shall be required unless CASP report states compliant. Improvements shall be made, but are not limited to, the following accessible features:
a. Path of travel from public transportation point of arrival b. Routes of travel between buildings
c. Parking
d. Ramps
e. Primary entrances
f. Sanitary facilities (restrooms)
g. Drinking fountains & Public telephones (when provided) h. Accessible features per specific occupancy requirements i. Accessible special features, i.e., ATM's point of sale machines, etc. 21 81. Accessibility Requirements. The site development of items such as common sidewalks, parking areas, stairs, ramps, common facilities, etc. are subject to compliance with the accessibility. Pedestrian access provisions should provide a minimum 48" wide unobstructed paved surface to and along all accessible routes. Items such as signs, meter pedestals, light standards, trash receptacles, etc., shall not encroach on this 4' minimum width. Also, note that sidewalk slopes and side slopes shall not exceed published minimums. The civil, grading and landscape plans shall address these requirements to the extent possible.

82. Parking Garage Vertical Clearance. The parking garage ceiling height shall have a minimum vertical clearance of 8’ 2” where required for accessible parking.

83. Multistory Access. Multistory apartment or condominium on the ground floor in buildings with no elevator at least 10 percent but no less than one of the multistory dwellings in apartment buildings with three or more and condos with four or more dwellings shall comply with the following:
a. The primary entry to the dwelling unit shall be on an accessible route unless exempted by site impracticality tests in CBC Section 1150A.
b. At least one powder room or bathroom shall be located on the primary entry level, served by an accessible route.
c. All rooms or spaces located on the primary entry level shall be served by an accessible route. Rooms and spaces located on the primary entry level and subject to this chapter may include but are not limited to kitchens, powder rooms, bathrooms, living rooms, bedrooms or hallways.

84. Multifamily Accessible Parking. Multifamily dwelling and apartment accessible parking spaces shall be provided at a minimum rate of 2 percent of the covered multifamily dwelling units. At least one space of each type of parking facility shall be made accessible even if the total number exceeds 2 percent.

85. Unassigned Accessible Parking. When parking is provided for multifamily dwellings and is not assigned to a resident or a group of residents, at least 5 percent of the parking spaces shall be accessible and provide access to grade level entrances of multifamily dwellings and facilities (e.g. swimming pools, club houses, recreation areas and laundry rooms) that serve the dwellings. Accessible parking spaces shall be located on the shortest accessible route to an accessible building, or dwelling unit entrance.

86. Accessible Parking. Public accommodation disabled parking spaces must be provided according the following table and must be uniformly distributed throughout the site:
22 87. Accessible Van Parking. At least one disabled parking space must be van accessible; 9 feet wide parking space and 8 feet wide off- load area. Additionally, one in every eight required handicap spaces must be van accessible. At least one disabled parking space must be van accessible; 9 feet wide parking space and 8 feet wide off- load area. Additionally, one in every eight required handicap spaces must be van accessible.

Fire Department

88. Fire Code. The design and construction of all site alterations shall comply with the 2022 California Fire Code, current NFPA Standards, and all applicable City of San Rafael Ordinances and Amendments.

89. Deferred Submittals. Separate deferred Fire Prevention Bureau permits will be required for the following:
a. Fire sprinkler system
b. Class I fire standpipe system.
c. Fire underground main.
d. Fire alarm system.
e. Emergency Responder Communications Coverage System (“ERCCS”). f. Vegetation Management Plan (“VMP”).

90. Fire Apparatus Access Roadway. The fire apparatus access roadway must conform to all provisions in CFC Section 503 and Appendix D.

91. Fire Apparatus Plan. A fire apparatus access plan shall be prepared for this Project. Fire apparatus plan shall show the location the following:
a. Designated fire apparatus access roads.
b. Red curbs and no parking fire lane signs.
c. Fire hydrants.
d. Fire Department Connection (“FDC”).
e. Double detector check valve.
f. Street address sign.
g. Recessed Knox Box
h. Fire Alarm annunciator panel.

Total umber ofParki11g Minimum Required Number of
Spaces HICSpaces
Provided
1 to _5 1
26to 50 2
51 to 75 3
76 to mo 4
101 to 150 s
151 to 2-00 6
'.Wl to 300 7
301 to 400 8
401 to 500 9
501 to 1,000 Two percent of tota]
1,001 and over Tv.renty, plus one for each 1'00
or fiaction thereof over 1,001
23 i. NFPA 704 placards.
j. Provide a note on the plan, as follows: The designated fire apparatus access roads and fire hydrants shall be installed and approved by the Fire Prevention Bureau prior construction of the building.

92. Knox Box. A Knox Box is required at the primary point of first response to the building. A recessed mounted Knox Box is required for new buildings. the Knox Box shall be clearly visible upon approach to the main entrance from the fire lane. Note the Knox Box must be installed from 72” to 78” above finish grade; show the location on the plans. https://www.knoxbox.com/commercial-knoxboxes/

93. Knox Gate Switch. A Knox key switch is required for driveway or access road automatic gates. https://www.knoxbox.com/gate-keys-and-padlocks/

94. Existing Hydrant Upgrades. When additions or alterations are made, the nearest existing fire hydrant shall be upgraded. Hydrant: Clow 960.

95. Distance to Fire Apparatus Access Road. When a building is fully sprinklered all portions of the exterior building perimeter must be located within 250 feet of an approved fire apparatus access road.
a. The minimum width of the fire apparatus access road is 20 feet. b. The minimum inside turning radius for a fire apparatus access road is 28 feet. c. The fire apparatus access road serving this building is more than 150 feet in length; provide an approved turn-around. Contact the Fire Prevention Bureau for specific details.

96. Fire Apparatus Access Roadway. An aerial fire apparatus access roadway is required parallel to one entire side of the building.
a. The Aerial apparatus access roadway shall be located within a minimum 15 feet and a maximum of 30 feet from the building.
b. The minimum unobstructed width for an aerial fire apparatus access road is 26 feet. c. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway, or between the roadway and the building.

97. Fire Lanes. Fire lanes must be designated; painted red with contrasting white lettering stating, “No Parking Fire Lane” A sign shall be posted in accordance with the CFC Section 503.3 and to the satisfaction and approval of the San Rafael Parking Services Division.

98. Hazardous Materials Placards. Hazardous Materials Placards shall be installed in accordance with NFPA 704.

99. Address Numbers. Provide address numbers plainly visible from the street or road fronting the property. Numbers painted on the curb do not qualify as meeting this requirement.

Numbers shall contrast with the background and shall be Arabic numbers or letters. Numbers shall be internally or externally illuminated in all new construction or substantial remodels.

Number sizes are as follows – 6” tall with ½” stroke. Larger sizes might be required by the fire code official or in multiple locations for buildings served by two or more roads. 100. Fire Suppression Water Supply. Contact the Marin Municipal Water District to plan for the water supply serving the fire protection systems.
101. Knox Key Access. During construction, the contractor shall provide:
a. Knox key access to Project site.
b. 24-hour emergency contact information conspicuously posted on job-site. c. Ensure that the site is kept clear of any combustible debris or waste; removed daily. 24 d. Mount fire extinguishers of a 2A10BC rating every 75 feet of travel distance and on each floor.
102. Fire Construction Plan. The contractor will submit a Fire Construction Plan to the Fire Prevention Bureau. Plan requirements will be furnished at the time of the building permit application.

Department of Public Works
Public Right-of-Way
103. Encroachment Permits Required. A minor temporary encroachment permit is required from the Department of Public Works prior to conducting any work within or any time the Public Right-of-Way (“ROW”) is restricted. This includes placing debris boxes in the street.

Encroachment permits can be applied for online on the city of San Rafael website:
https://www.cityofsanrafael.org/encroachment-permits/
104. All backflow preventers, fire department connections, and other above ground utility structures shall be placed on private property and shall not be allowed to protrude into the public-right-of-way.
105. Exterior Doors. Exterior doors shall not be permitted to swing into or Project into the public right-of-way.
106. Frontage Improvements. Prior to issuance of building permit, the applicant shall submit a separate set of drawings detailing the frontage improvements in the public right-of-way adjacent to the proposed development for Department of Public Works review and approval as part of the application for an encroachment permit (e.g., sidewalks, pavement restoration, driveway approach, lighting). Frontage improvements shall be designed in accordance with City of San Rafael design standards, meet accessibility requirements per the California Building Code and Public Right-of-Way Accessibility Guidelines (“PROWAG”), and reference Marin County Uniform Construction Standards (“UCS”) where applicable. At a minimum, frontage improvements shall include the following:
a. New sidewalk, curb, and gutter along Project frontage to conform to existing curb ramp at the corner of 3rd Street and A Street
b. Pavement restoration (minimum 2”-thick grind and overlay) will be required along the property frontage. The limits of pavement restoration will be to the centerline of A street or as required during the encroachment permit application, whichever is more stringent. 3rd street is in moratorium, full width resurfacing with a 4” grind, 2” leveling course, replacement of existing paving mat, and 2” overlay shall be required along property frontage.

Stormwater
107. MCSTOPP Requirements. This Project includes more than 5,000 square feet of total impervious area replacement and creation and therefore is considered a regulated project according to BASMAA standards. The following documents are required to be provided in accordance with BASMAA and Marin County Stormwater Pollution Prevention Program (“MCSTOPPP”) requirements:
c. Stormwater Control Plan – A written document and exhibit to accompany the plan set used primarily for municipal review to verify compliance with stormwater treatment 25 requirements. (Needed to obtain planning/building/grading permit.) d. Stormwater Facilities Operations and Maintenance (“O&M”) Plan – A written document and exhibit outlining facilities on-site and maintenance activities and responsibilities for property owners. (Needed to obtain building/grading permit) e. Stormwater Facilities Operations and Maintenance Agreement – A formal agreement between the property owner and the city that shall be recorded with the property deed prior to occupancy. (Provide prior to occupancy)
In accordance with Section E.12.e of the NPDES MS4 permit Non-LID Facilities need to show equivalent effectiveness to bioretention areas in the following areas:
a. Equal or greater amount of runoff infiltrated or evapotranspired. b. Equal or lower pollutant concentrations in runoff that is discharged after biotreatment c. Equal or greater protection against shock loadings and spills d. Equal or greater accessibility and ease of inspection and maintenance Grading and Earthwork
108. Erosion and Sediment Control Plan. Prior to issuance of building permit or grading permit, the applicant shall provide an erosion and sediment control plan for review and approval by the City.
109. Geotechnical Plan Review. Prior to issuance of building permit, the applicant shall provide a plan review letter from the geotechnical engineer of record confirming that the project drawings are in conformance with their recommendations. 110. Grading Permit Required. Prior to start of construction, a grading permit shall be required from the Department of Public Works. Applications can be found on the City’s website: https://www.cityofsanrafael.org/grading-permits/.

Traffic
111. Loading Zone and Trash Pick Up Area Plan. The applicant shall submit a plan for the proposed loading zones and trash pickup area on A Street as part of the application for an encroachment permit for review by the Department of Public Works and the City Traffic Engineer. The plan shall indicate the proposed colored curb designations, proposed signage, type of loading, and time restrictions for the loading/pickup zones. Proposed loading zones shall comply with all applicable requirements of the California Building Code and PROWAG. 112. Prior to building permit issuance provide the underground driveway profile showing slopes The driveway shall have a maximum slope of 10% or less for at least 15 feet from the back of sidewalk to the underground parking.
113. If there is any gate proposed for underground parking, it shall be set back at least twenty feet from the back of sidewalk.
114. Construction Vehicle Impact Fee. A construction vehicle impact fee (Street Maintenance Fee) shall be required at the time of building permit issuance, subject to an adjustment in accordance with City Resolution 11473.

Marin Municipal Water District
The following conditions have been provided by the Marin Municipal Water District (MMWD) and are subject to change by MMWD without notification from the City. The City is not the governing agency over connection, capacity and other compliance matters with respect to these utilities. 115. Water Service. The Project is eligible for water service upon request and fulfillment of 26 the following:
a. Complete a High Pressure Water Service Application.
b. Submit a copy of the building permit.
c. Pay appropriate fees and charges.
d. Complete the structure's foundation within 120 days of the date of application. e. Comply with the District's rules and regulations in effect at the time service is requested, including the installation of a meter per structure per use. f. Comply with all indoor and outdoor requirements of District Code Title 13 – Water Conservation. This may include verification of specific indoor fixture efficiency compliance. g. If you are pursuing a landscaping project subject to review by your local planning department and /or subject to a city permit, please contact the district water conservation department at 415-945-1497 or email to [email protected]. More information about district water conservation requirements can be found online at www.marinwater.org h. Comply with the backflow prevention requirements, if upon the District’s review backflow protection is warranted, including installation, testing and maintenance. Questions regarding backflow requirements should be directed to the Backflow Prevention Program Coordinator at (415) 945-1558.
i. Comply with California Water Code – Division I, Chapter 8, Article 5, Section 537; which requires individual metering of multiple living units within newly constructed structures.

San Rafael Sanitation District
The following conditions have been provided by the San Rafael Sanitation District and are subject to change by the Sanitation District without notification from the City. The City is not the governing agency over connection, capacity and other compliance matters with respect to these utilities. 116. Sewer Connection Fee – Fixture Count. Prior to issuance of the Building Permit, sewer connection fees based on the drainage fixture units (“DFU”) count shall be paid, pursuant to District Ordinance No. 56. Plans should provide all fixtures in the existing building to be demolished to receive DFU credits.
117. The Project is eligible for wastewater service and may be serviced either by the 12- inch sewer main in A Street or the 16-inch main in Third Street, provided that the following conditions are met:
a. Sewer plans outside of the building foundation shall be designed by a registered Civil Engineer and submitted to the City for the District’s review and approval. b. Upon approval of the plans, the property owner will be required to pay a sewer connection fee.
c. The District is currently conducting a flow and capacity study for the downtown area to evaluate the potential impacts of the proposed development on the existing capacity of the sewer facilities downstream. The District will provide an update to the developer once the final report is completed and will work with the developer to determine an appropriate resolution to address capacity issues, if needed.

Marin Sanitary Service
The following conditions have been provided by Marin Sanitary Service are subject to change by Marin Sanitary without notification from the City. The City is not the governing agency over connection, capacity 27 and other compliance matters with respect to these utilities. 118. All refuse, recycling, compost and other containers shall be placed at the curb in the staging area by 6:00 a.m. the day of collection
The foregoing Resolution was adopted at the regular City of San Rafael Planning Commission meeting held on the 18th day of November, 2025. The Planning Commission’s Action is final unless it is appealed to the City Council within five (5) working days pursuant to San Rafael Municipal Code Section 14.28.030 - Filing and time limit of appeals.

Moved by Commissioner Saude and seconded by Commissioner Salvemini. The vote is as follows:

AYES: COMMISSIONERS Alvarez, Haveman, Rodby, Salvemini, Saude, Summers, and Chair Mercado
NOES: COMMISSIONERS None
ABSENT: COMMISSIONERS None

SAN RAFAEL PLANNING COMMISSION
ATTEST: BY:

Margaret Kavanaugh-Lynch, Secretary Chair

San Rafael City CouncilFebruary 17, 2026

San Rafael City Council
February 17, 2026