7793fbcb-3.d-appeal-of-planning-commission-approval-for-mixed-use-development-at-1030-3rd-street-aka-900-a-street-project — San Rafael City Council, February 17, 2026 (part 1 of 2)

____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
h
Agenda Item No: 3.d
Meeting Date: February 17, 2026

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community and Economic Development
Prepared by: Kristina Estudillo, Principal
Planner
City Manager Approval: ______________
TOPIC: APPEAL OF PLANNING COMMISSION APPROVAL FOR MIXED-USE DEVELOPMENT AT 1030 3RD STREET (ALSO KNOWN AS 900 A STREET PROJECT) SUBJECT: RESOLUTION DENYING THE APPEAL OF AND UPHOLDING THE PLANNING

COMMISSION APPROVAL OF AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT

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).

RECOMMENDATION:

Staff recommends the City Council adopt the Resolution Denying the Appeal of and Upholding the Planning Commission Approval of 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 (Attachment 1).

BACKGROUND:

On November 18, 2025, the San Rafael Planning Commission approved the issuance of an Environmental and Design Review Permit to construct 131 residential units at 1030 3rd Street, also known as the ‘900 A Street Project’ (see Project Plans, Attachment 2). The Planning Commission’s approval took place at a duly noticed public meeting that included oral and written public testimony, and the written and oral report of the Community and Economic Development (CED) Department staff (Attachment 3 and Attachment 4). The Planning Commission’s approval was subject to CED staff’s proposed conditions of approval and memorialized via a Resolution of Approval (Attachment 5).

Subsequently, the City of San Rafael received a timely appeal by the property owner (the appellant) contesting specific conditions of approval (Attachment 6). The appellant subsequently provided a supplement to the formal appeal, including objections to language in 9 of the conditions of approval on SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
topics including fees, archeologic and cultural resources, biological surveys, affordable housing agreement, and modifications to outside agency comments (see full condition language below), stating that the conditions “would impose severe delays, increase costs, and effectively prohibit the Property’s timely development - and potentially jeopardize the entire project.” Below are the conditions adopted by the Planning Commission that the appellant challenges:

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.

20. Archaeological Resources (Ongoing throughout demolition, grading, and/or construction). In the event that any archaeological features, including but not limited 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, 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. 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. 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.

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-work- SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
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.

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 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.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4

47. Affordable Housing – Agreement. 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 4 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. 114. 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. 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:
[. . .]
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.

ANALYSIS:

Staff recommends denying the appeal as the contested conditions of approval do not violate any state or local laws and are within the City’s discretion to impose. Moreover, some of the contested conditions of approval are necessary to comply with state and local laws.

Fees: The appeal implies that the City has violated AB 602 (2021) by imposing Condition of Approval #3. Specifically, the appeal claims that there is an “absence of a complete and legally required fee schedule for the Project.”
AB 602 requires that a city post a current fee schedule on its website. The City’s fee schedule is available on its website and was indeed available at all times during the processing of the Project’s development application and during the Planning Commission hearing. Furthermore, the City updates the fee schedule periodically to ensure currentness. The current fee schedule is posted here:

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
https://www.cityofsanrafael.org/master-fee-schedule. A schedule of development impact fees is available here.

Accordingly, the City has complied with the requirement to post a current fee schedule on its website.

The appeal also implies that the City will require the payment of fees earlier than allowed under AB 602, which allows for payment of fees at the issuance of the certificate of occupancy or the final inspection, whichever occurs last. Notably, Condition of Approval #3 does not require the payment of fees before issuance of a certificate of occupancy or final inspection. Thus, Condition of Approval #3 does not violate this provision of AB 602.

Additionally, Condition of Approval #3 complies with Government Code Section 66020 which requires that “each local agency shall provide to the project applicant a notice in writing at the time of the approval of the project [. . .] of the amount of the fees or a description of the dedications, reservations, or other exactions, and notification that the 90-day approval period in which the applicant may protest has begun.” The amount of the fees is specified in the fee schedule available online, and Condition of Approval #3 provides the required notice that such fees will be due and that the 90-day protest period has begun.

Thus, the inclusion of Condition of Approval #3 is required by state law.

Tribal Cultural, Cultural, and Archeological Resources: The appeal claims that the City has violated CEQA, SB 330, and the City’s General Plan by imposing Condition of Approval #20. First, the appeal claims that Condition of Approval #20 violates CEQA, and specifically CEQA Guidelines Sections 15126.4 and 15064.5, which require “clear performance standards, defined procedures, and enforceable timelines” in connection with the imposition of any mitigation measures. The appeal claims that Condition of Approval #20 does not establish “enforceable timelines” for the consultation and assessment required in the event that archaeological resources are discovered on the Project site. While CEQA Guidelines Sections 15126.4 and 15064.5 require “enforceable timelines,” such sections are only applicable where “mitigation measures” will be imposed. “Mitigation measures” is a term of art that refers specifically to conditions imposed to avoid significant environmental impacts identified through the preparation of an environmental review document, such as an Environmental Impact Report (“EIR”) or Mitigated Negative Declaration (“MND”). “Mitigation measures” are not imposed on projects that are exempt from CEQA.

This Project is exempt from CEQA pursuant to CEQA Guidelines Section 15332 (Infill Development Projects), so CEQA Guidelines Sections 15126.4 and 15064.5 do not apply.

Second, the appeal claims that Condition of Approval #20 is contrary to the Housing Crisis Act (SB 330), which prohibits discretionary, unpredictable conditions on housing projects.” As to discretion, while SB 330 limits the circumstances under which a city may disapprove a housing development project or condition its approval on decreased density (Gov. Code § 65589.5(j)(1)), SB 330 does not “prohibit” discretion altogether. The City routinely exercises its discretion to impose conditions of approval on housing development projects. As long as such conditions do not reduce a Project’s density or render it infeasible, and the Project meets applicable objective development standards and State law, such conditions are permissible. Nothing in the Housing Accountability Act (HAA) precludes the imposition of such conditions. As to “unpredictable conditions,” SB 330 states that “a housing development project shall be subject only to the ordinances, policies, and standards adopted and in effect when a [complete] preliminary application [. . .] was submitted.” (Gov. Code § 65589.5(o)(1).) Here, the preliminary application for the Project was deemed complete on August 12, 2024. It has been the City’s policy since before the Project was deemed complete to impose on housing development projects the conditions contained in Condition of Approval #20.

Third, the appeal claims generally that Condition of Approval #20 violates General Plan policies that “support infill development,” though the appeal does not cite any particular General Plan policy. In reality, SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 6
by approving the Project using a CEQA exemption for infill development, the Planning Commission acted consistently with General Plan policies that support infill development. Protecting archaeological resources during the construction of the Project, while encouraging infill development, are not mutually exclusive goals.

For the above-stated reasons, this is not a basis to grant the Appeal.

Biological Resources: The appeal also claims that the Conditions of Approval #23 and #24 are inconsistent with the General Plan and internally inconsistent, given the City’s factual findings supporting the applicable CEQA exemption for the Project. Specifically, the appeal claims that Conditions of Approval #23 and #24 improperly “impose biological survey requirements and construction moratoria between Feb 1–Sep 1, Mar 1–Apr 1, and Sep 1–Oct 1,” and that such requirements and moratoria are unnecessary because the project site does not contain any habitat for protected species.

Conditions of Approval #23 and #24 implement General Plan policies and are necessary in order for the Project to avail itself of a CEQA exemption. Specifically, General Plan Policies C-1.12A and C-1.13E require surveys for special status species before development approval and measures to avoid nests of native birds and implements timing requirements for vegetation clearing and construction. . While the Planning Commission determined, in support of its use of the Class 32 CEQA Exemption to approve the Project, that “[t]he Project site [had] no value as habitat for endangered, rare or threatened species” on the date that the Project was approved, Conditions of Approval #23 and #24 recognize that the Project site could gain value as habitat for endangered, rare, or threatened species between the Project’s approval date and the date construction begins. In order to qualify for the Class 32 exemption, a project site must have “no value, as habitat for endangered, rare or threatened species.” (CEQA Guidelines Section 15332(d).) Animals, and birds in particular, are mobile. While previous reports on the Project site have concluded that the Project site has historically had no value as habitat for endangered, rare, or threatened species, it is possible that protected species could relocate to the Project site before construction begins, in which case protective measures would be necessary. The Project can only be developed using the Class 32 CEQA exemption if it continues to have “no value” to protected species, or if protective measures are taken to minimize harm to protected species that may relocate to the Project site before construction. Finally, as a practical matter, the limitations on construction will only apply if protected bird species are identified through a preconstruction survey.

Affordable Housing: With respect to Conditions of Approval #47 and #48, the appeal claims that the Planning Commission acted improperly in attaching a draft Below Market Rate Agreement (“BMR Agreement”) to the Conditions of Approval. The appeal also implies that Conditions of Approval #47 and #48 require recordation of the BMR agreement “at the time of project approval.” The City is not aware of any state or local law that prohibits the attachment of a BMR Agreement to conditions of approval. The Project has invoked the State Density Bonus Law (SDBL) and avails itself of its benefits. As such, the Project is required, pursuant to state and local law, to comply with affordable housing covenant criteria set forth in the SDBL. Specifically, the City must ensure that the low-income units required to invoke the SDBL are deed-restricted for fifty-five years. The BMR agreement imposes such requirements and is required pursuant to State and local law.

Conditions of Approval #47 and #48 are necessary to implement the requirements of the State Density Bonus Law. For any project utilizing the State Density Bonus Law, the SDBL requires that “An applicant shall agree to, and the city [. . .] shall ensure, the continued affordability of all very low and low-income rental units that qualified the applicant for the award of the density bonus for 55 years.” (Gov. Code § 65915(c)(1)(A).) The Project provides 11 units for low-income households and utilizes the SDBL to achieve increased density, concessions, and waivers. Thus, the City must ensure the continued SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 7
affordability of the 11 low-income units. Condition of Approval #47 fulfills this obligation. The SDBL also establishes income limits and the maximum permissible rent for low-income households. (Gov. Code § 65915(b)(1)(A), (c)(1)(B)(i).) Condition of Approval #48 thus fulfills the City’s obligation to ensure that the income qualifications and maximum permissible rent conform with the SDBL.

In sum, the BMR Agreement and Conditions of Approval #47 and 48 are required by the SBDL to ensure that the Project’s proposed affordable rental units are affordable for at least fifty-five years, regardless of Project/property ownership, and to ensure that such affordability covenants cannot be subordinated to senior interests or liens. For these reasons, the Appeal has no merit based on these grounds.

San Rafael Sanitation District: The applicant has raised issues with language provided by the San Rafael Sanitation District pertaining to the District informing the applicant that they are performing 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 San Rafael Sanitation District has provided this information to the City and the applicant and is being shared as a condition of approval, along with other applicable information from outside agencies, such as the Marin Municipal Water District and Marin Sanitary Service.

COMMUNITY OUTREACH:

The project has been duly noticed to the public in accordance with San Rafael Municipal Code Chapter

14.29 (Public Notice). As of this date, no comments have been received.

FISCAL IMPACT:

There is no fiscal impact associated with this staff report.

OPTIONS:

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

1. Adopt the Resolution Denying the Appeal of and Upholding the Planning Commission Approval of an Environmental and Design Review Permit, including all Conditions of Approval at 1030 3rd Street.

2. Grant the Appeal, overturn the Planning Commission’s approval of the Environmental and Design Review Permit, and direct staff to return with a revised Resolution, including revised Conditions of Approval.

3. Continue the appeal to allow staff to address any of the City Council’s comments or concerns.

RECOMMENDED ACTION:

Staff recommends the City Council adopt the Resolution Denying the Appeal of and Upholding the Planning Commission Approval of 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.

ATTACHMENTS:

1. Draft Resolution of the City Council Denying the Appeal of and Upholding the Planning Commission Approval of 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

2. Project Plans, Approved by Planning Commission, November 18, 2025 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 8

3. Planning Commission Staff Report, November 18, 2025

4. CEQA Memorandum and Report, Adopted by Planning Commission, November 18, 2025

5. Resolution 25-09 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

6. Appellant Letter, dated and received November 25, 2025 and January 8, 2026 4901-6038-5421 v2 1
RESOLUTION NO.

RESOLUTION OF THE SAN RAFAEL CITY COUNCIL DENYING THE APPEAL OF AND UPHOLDING

THE PLANNING COMMISSION APPROVAL OF 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, on February 6, 2025 the Monohan Pacific Corporation (“Applicant”) submitted a formal development application to the City of San Rafael for an Environmental and Design Review Permit (‘900 A Street Project’) 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 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; and
WHEREAS, at the November 18, 2025 public hearing, the Planning Commission determined that the project met all requirements to qualify for a categorical exemption from the California Environmental Quality Act (“CEQA”) under CEQA Guidelines Section 15332 (Infill Development Project) and made all required findings in the affirmative to approve the Environmental and Design Review Permit, with conditions; and
WHEREAS, on November 25, 2025, the City of San Rafael received a timely appeal (“Appeal”) from David Wheeler on behalf of the property owners (“Appellant”) of the “decision and actions taken by the San Rafael Planning Commission on November 18, 2025,” regarding the approval of the Environmental and Design Review Permit for the Project (“Approval”); and WHEREAS, the Appeal claims that the Planning Commission acted improperly in adopting specified conditions of approval in connection with the Approval; and WHEREAS, on January 8, 2026, Appellant provided a supplement to the appeal filed on November 25, 2025, detailing objections to language in 9 conditions of approval on topics including fees, archeologic resources, human remains, biological surveys, affordable housing agreement, and outside agency comments; and
WHEREAS, on February 17, 2026 the City Council held a duly noticed public hearing during which it reviewed, considered, and evaluated the Appeal as well as all public and written comments, pertinent information, documents, plans, and all other evidence in the public record on the Project prior to taking action on the Appeal.
4901-6038-5421 v2 2
NOW, THEREFORE, BE IT RESOLVED that the City Council finds the foregoing recitals are true and correct, and they are hereby incorporated by reference into this Resolution.

BE IT FURTHER RESOLVED that the City Council hereby denies the Appeal and upholds the Planning Commission Approval of the Environmental and Design Review Permit at 1030 3rd Street, including the findings and conditions below, based on the following findings:

SECTION 1. THE GROUNDS UPON WHICH THE APPELLANT HAS APPEALED THE PLANNING COMMISSION’S ACTIONS ARE NOT A BASIS TO REVERSE OR MODIFY THE

PLANNING COMMISSION ACTIONS
A. A number of bases specified in the appeal are moot.

The appeal filed on November 25, 2025 states that the “basis of [the] appeal includes, without limitation, the procedural and substantive concerns described in the [Applicant’s] prior correspondence to the City dated November 13, 2025,” which correspondence is attached to the November 25, 2025 appeal and incorporated by reference “as the grounds for appeal.” The Planning Commission considered Applicant’s November 13, 2025 correspondence during the November 18, 2025 hearing on the Project and accepted some of the requests included in the November 13, 2025 letter. Specifically, the Planning Commission struck draft Conditions of Approval 23 (paleontological resources), 70 (flood zone), 104 (license plate camera), and 116 (traffic mitigation fee). The final version of Resolution No. 25-09 adopted by the Planning Commission does not contain any of the aforementioned conditions of approval.

Thus, to the extent that the appeal is based on such unadopted conditions of approval, such bases are moot. For these reasons, this is not a basis to grant the Appeal.

B. The Appeal does not establish that the City has violated any procedural requirement of state or local law.

The appeal expresses general “frustrat[ion] with the process” of applying for the Project, engaging in tribal consultation, and preparing for the Planning Commission hearing.

Specifically, the appeal states that “what should have been a routine four-to-five month approval process” was “stretched into a thirty-month delay.” The City has complied with all state and local requirements in processing the Project.

The appeal also expresses “frustration” with the fact that the Conditions of Approval presented to the Planning Commission were not finalized well in advance of the Planning Commission hearing.

No local or state law requires that conditions of approval be finalized in advance of a Planning Commission hearing. In fact, as the decision-making body on the Environmental and Design Review Permit for the Project, the Planning Commission has authority to accept staff recommendations, modify staff recommendations, or reject staff recommendations. (See San Rafael Municipal Code “SRMC” Ch. 2.16.110.) The City bears no duty finalize and/or share with Applicant conditions of approval in advance of a public hearing. Nevertheless, as a courtesy, the City provided Applicant all draft conditions of approval on November 5, 2025, 13 days in advance of the Planning Commission hearing. Additionally, staff met with the Applicant multiple times to discuss the conditions of approval and a number of modifications to address the Applicant’s concerns prior to the Planning Commission hearing. 4901-6038-5421 v2 3
For these reasons, this is not a basis to grant the Appeal.

C. The City has complied with all state and local laws regarding the imposition of development impact fees.

1. Condition of Approval #3 is required by state law.

The appeal implies that the City has violated AB 602 (2021) by imposing Condition of Approval #3. Specifically, the appeal claims that there is an “absence of a complete and legally required fee schedule for the Project.”
AB 602 (2021) is codified at Government Code Sections 65940.1, 66016.5, 66019, and 50466.5. Government Code Section 65940.1(a)(1) requires that a city post a current fee schedule on its website. The City’s fee schedule is available on its website and was indeed available at all times during the processing of the Project’s development application and during the Planning Commission hearing. The City updates the fee schedule periodically to ensure currentness. The current fee schedule is posted here:
https://www.cityofsanrafael.org/master-fee-schedule. A schedule of development impact fees is available here:
https://docs.google.com/viewerng/viewer?url=https://storage.googleapis.com/proudcity/s anrafaelca/2026/01/4b008eec-2026-development-impact-fees-01.20.2026-final.pdf.

Accordingly, the City has complied with the requirement to post a current fee schedule on its website.

The appeal also implies that the City will require the payment of fees earlier than allowed under AB 602.

Government Code Section 65940.1(a)(3)(A) specifies that a city “shall request from a development proponent, upon issuance of a certificate of occupancy or the final inspection, whichever occurs last, the total amount of fees and exactions associated with the project for which the certificate was issued.” Condition of Approval #3 does not require the payment of fees before issuance of a certificate of occupancy or final inspection, whichever occurs last. The City will comply with Government Code 65940.1 and will request payment of the fees when due. Thus, Condition of Approval #3 does not violate this provision of AB 602.

As referenced in Condition of Approval #3, Government Code Section 66020 lays out a process by which a project applicant may protest the imposition of specific fees, dedications, reservations, or other exactions imposed on a development project.

Subdivision (d)(1) of Section 66020 requires that “each local agency shall provide to the project applicant a notice in writing at the time of the approval of the project [. . .] of the amount of the fees or a description of the dedications, reservations, or other exactions, and notification that the 90-day approval period in which the applicant may protest has begun.” Condition of Approval #3 is necessary to comply with the legal mandate set by Section 66020(d)(1). The amount of the fees is specified in the fee schedule available online. Condition of Approval #3 provides the required notice that such fees will be due and notice that the 90-day protest period has begun. Thus, the inclusion of Condition of Approval #3 is required by state law.

For these reasons, this is not a basis to grant the Appeal. 4901-6038-5421 v2 4

2. The Appeal does not establish that the imposition of Condition of Approval #114 violates local laws.

The appeal takes issue with the fact that Condition of Approval #114 “does not “acknowledge that the [construction vehicle impact] fee may be adjusted” or waived “under City Resolution 11473.”
City Council resolution 11473 allows the City Council to, on a case-by-case basis, grant a waiver of payment of all or a portion of specified fees when it determines that it is in the public interest to do so. Nothing in Resolution 11473 requires any condition of approval to give notice of the existence of such resolution. (Contrast with Gov. Code § 66020(d)(1), explained above.) The City Council is aware of its authority to reduce or waive fees on a case-by-case basis. Applicant has not requested any reduction or wavier of the construction vehicle impact fee, and the City Council has not determined that it is in the public interest to do so. For these reasons, this is not a basis to grant the Appeal.

3. The Appeal does not establish that the imposition of Condition of Approval #117(c) violates state laws.

The appeal claims broadly that the City has violated SB 330, the Housing Accountability Act (“HAA”), CEQA, and the Permit Streamlining Act (“PSA”) by imposing Condition of Approval #117(c). Specifically, the appeal claims that Condition of Approval #117(c) imposes “an unlawful and open-ended sanitary sewer capacity condition based on future, nonadopted standards” and that it “impose[s] new technical requirements of new discretionary infrastructure conditions” and thereby violates provisions of SB 330, the HAA, CEQA, and the PSA.

Government Code Section 65589.5(o)(1), which was added to the HAA through SB 330, states, “a housing development project shall be subject only to the ordinances, policies, and standards adopted and in effect when a [complete] preliminary application [. . .] was submitted.” (Gov. Code § 65589.5(o)(1).) The appeal implies that Condition of Approval #117(c) will require the imposition of standards that were not adopted an in effect when the preliminary application for the Project was submitted on August 12, 2024. Condition of Approval #117(c) does no such thing. Condition of Approval #117(c) does not require Applicant to comply with future yet-to-be-adopted ordinances, standards or policies. any requirements or to provide any infrastructure. Rather, Condition of Approval #117(c) informs Applicant that the San Rafael Sanitation District is conducting studies in the downtown area and will inform Applicant of the results of such studies once complete.

Condition of Approval #120(c) further notes that based on such studies, the San Rafael sanitation district may “work with [Applicant] to determine an appropriate resolution to address capacity issues, if needed.” Pursuant to State law, the Project will be subject to capacity upgrades if such upgrades are required by the Sanitation District to accommodate the Project’s needs. Thus, Condition of Approval #117(c) does not violate SB 330, the HAA, CEQA, the PSA, or any other state or local law.

For these reasons, this is not a basis to grant the Appeal.

D. The City has complied with all state and local laws regarding tribal, cultural and archeological resources.

1. The appeal does not establish that the imposition of Condition of Approval #20 violates state or local laws.
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The appeal claims that the City has violated CEQA, SB 330, and the City’s General Plan by imposing Condition of Approval #20.

First, the appeal claims that Condition of Approval #20 violates CEQA, and specifically CEQA Guidelines Sections 15126.4 and 15064.5, which require “clear performance standards, defined procedures, and enforceable timelines” in connection with the imposition of any mitigation measures. The appeal claims that Condition of Approval #20 does not establish “enforceable timelines” for the consultation and assessment required in the event that archaeological resources are discovered on the Project site. While CEQA Guidelines Sections 15126.4 and 15064.5 require “enforceable timelines,” such sections are only applicable where “mitigation measures” will be imposed. “Mitigation measures” is a term of art that refers specifically to conditions imposed to avoid significant environmental impacts identified through the preparation of an environmental review document such as an Environmental Impact Report (“EIR”) or Mitigated Negative Declaration (“MND”). “Mitigation measures” are not imposed on projects that are exempt from CEQA. The Project is exempt from CEQA pursuant to CEQA Guidelines Section 15332 (Infill Development Projects), so CEQA Guidelines Sections 15126.4 and 15064.5 do not apply.

Second, the appeal claims that Condition of Approval #20 is contrary to “the Housing Crisis Act (SB 330), which prohibits discretionary, unpredictable conditions on housing projects.” As to discretion, while SB 330 limits the circumstances under which a city may disapprove a housing development project or condition its approval on decreased density (Gov. Code § 65589.5(j)(1)), SB 330 does not “prohibit” discretion altogether. The City routinely exercises its discretion to impose conditions of approval on housing development projects, and as long as such conditions do not reduce a Project’s density or render it infeasible, where the Project meets applicable objective development standards and State law, such conditions are permissible. Nothing in the HAA precludes the imposition of such conditions. As to “unpredictable conditions,” SB 330 states that a “a housing development project shall be subject only to the ordinances, policies, and standards adopted and in effect when a [complete] preliminary application [. . .] was submitted.” (Gov. Code § 65589.5(o)(1).) Here, the preliminary application for the Project was deemed complete on August 12, 2024. It has been the City’s policy since before that date to impose on housing development projects the conditions contained in Condition of Approval #20.

Third, the appeal claims generally that Condition of Approval #20 violates General Plan policies that “support infill development,” though the appeal does not cite any particular General Plan policy. In reality, by approving the Project using a CEQA exemption for infill development, the Planning Commission acted consistently with General Plan policies that support infill development. The fact that Condition of Approval #20 requires Applicant to take steps to protect archaeological resources during construction of the Project is not inconsistent with such goal.

For these reasons, this is not a basis to grant the Appeal.

2. The appeal does not establish that the imposition of Condition of Approval #21 violates state laws.

The appeal claims that the City must add to Condition of Approval #21 the phrase “in accordance with PRC Code Section 5097.98.” First, the final version of Condition of Approval #21 adopted by the Planning Commission reads, “In accordance with Public 4901-6038-5421 v2 6
Resource Code (“PRC”) Section 5097.98 [. . .],” Applicant must comply with certain requirements related to the discovery of human remains on the Project site. It is not clear what Appellant’s request is here, as it appears that Condition of Approval #21 is already written as Appellant desires. The appeal states that Condition of Approval #21 “must acknowledge” specified sections contained in PRC Section 5098.97. The City acknowledges that the City and Applicant are required to comply with all state laws, including the entirety of PRC Section 5098.97. However, no state law requires the City to restate any particular part of PRC Section 5098.97 in any condition of approval. (Contrast with Gov. Code § 66020(d)(1), explained above.) For these reasons, this is not a basis to grant the Appeal.

E. Requiring pre-construction surveys to identify potential special status species, and requiring protective measures if such species are identified on the Project site, does not violate any state or local law.

The appeal claims the Conditions of Approval #23 and #24 are inconsistent with the General Plan and internally inconsistent given the City’s factual findings supporting the applicable CEQA exemption for the Project. Specifically, the appeal claims that Conditions of Approval #23 and #24 improperly “impose biological survey requirements and construction moratoria between Feb 1–Sep 1, Mar 1–Apr 1, and Sep 1–Oct 1,” and that such requirements and moratoria are unnecessary because the project site does not contain any habitat for protected species.

In response to the appeal’s implication that Conditions of Approval # 23 and #24 will require development moratoria, the City Council notes that limits on construction activities will only be required if protected bird species are identified on the site. As the appeal notes, and the City agrees, protected bird species have not previously been identified on the Project site. Thus, the most likely scenario is that a preconstruction survey will identify no protected bird species, and no construction limitations will be imposed under Conditions of Approval #23 and #24.

General Plan Policies C-1.12A and C-1.13E require surveys for special status species prior to development approval and measures to avoid nests of native birds and implements timing requirements for vegetation clearing and construction. Conditions of Approval #23 and #24 implement these policies. While the Planning Commission determined, in support of its use of the Class 32 CEQA Exemption to approve the Project, that “[t]he Project site [had] no value as habitat for endangered, rare or threatened species” on the date that the Project was approved, Conditions of Approval #23 and #24 recognize that the Project site could gain value as habitat for endangered, rare, or threatened species between the Project’s approval date and the date construction begins. In order to qualify for the Class 32 exemption, a project site must have “no value, as habitat for endangered, rare or threatened species.” (CEQA Guidelines Section 15332(d).) Animals, and birds in particular, are mobile. While previous reports on the Project site have concluded that the Project site has historically had no value as habitat for endangered, rare, or threatened species, it is possible that protected species could relocate to the Project site before construction begins, in which case protective measures would be necessary. The Project can only be developed using the Class 32 CEQA exemption if it continues to have “no value” to protected species, or if protective measures are taken to minimize harm to protected species that may relocate to the Project site prior to construction.

For these reasons, this is not a basis to grant the Appeal.

F. The Appeal does not establish that attaching a draft Below Market Rate Agreement to 4901-6038-5421 v2 7
conditions of approval violates any state or local law.

With respect to Conditions of Approval #47 and #48, the appeal claims that the Planning Commission acted improperly in attaching a draft Below Market Rate Agreement (“BMR Agreement”) to the Conditions of Approval. The appeal also implies that Conditions of Approval #47 and #48 require recordation of the BMR agreement “at the time of project approval.”
The City is not aware of any state or local law that prohibits the attachment of a BMR Agreement to conditions of approval. The Project has invoked State Density Bonus Law and avails itself of the benefits of such laws. As such, the Project is required, pursuant to State and local law, to comply with affordable housing covenant criteria set forth in the SDBL.

Specifically, the City must ensure that the low-income units required to invoke the SDBL are deed restricted affordable for fifty five years. The BMR agreement imposes such requirements and is required pursuant to State and local law.

Condition of Approval #47 fulfills this obligation. The SDBL also defines the income limits and maximum permissible rent for low-income households. (Gov. Code § 65915(b)(1)(A), (c)(1)(B)(i).) Condition of Approval #48 fulfills the City’s obligation to ensure that the income qualifications and maximum permissible rent conform with the SDBL.

In sum, the City Council hereby finds that the attached Below Market Rate (“BMR”) Agreement and Conditions of Approval #47 and 48 are hereby required by the State Density Bonus Law to ensure that the Project’s proposed affordable rental units are affordable for at least fifty-five years, regardless of Project/property ownership, and to ensure that such affordability covenants cannot be subordinated to senior interests or liens For these reasons, the Appeal has no merit based on these grounds.

SECTION 2. ENVIRONMENTAL AND DESIGN REVIEW FINDINGS (ED25-027) A. The Project design is in accord with the general plan, the objectives of the zoning 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. 4901-6038-5421 v2 8
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.

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.
• 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.
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• 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 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 4901-6038-5421 v2 10
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 3. 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 low-income 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 4. 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 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 5. CEQA and ENVIRONMENTAL REVIEW
The Planning Commission finds, 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, that the project is categorically exempt from environmental review pursuant to Section 15332 (Infill Development Projects) because it satisfies the following conditions:
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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 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.

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 project 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 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.

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.

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 of the exceptions to the Class 32 exemption apply.

SECTION 6. SEVERABILITY
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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 7. 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 on October 8, 2025 and dated August 14, 2025
• Civil Plans, prepared by Lea & Braze Engineering, Inc, received on October 8, 2025 and dated 4901-6038-5421 v2 13
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.

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.

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.

10. All Plans and Information Become Conditions. All information and representations, whether oral or written, including the building techniques, colors, materials, elevations, and overall 4901-6038-5421 v2 14
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.

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 noise‐generating equipment shall be located as far as practicable from sensitive receptors and placed 4901-6038-5421 v2 15
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). 4901-6038-5421 v2 16
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 4901-6038-5421 v2 17
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. If warranted by the concentration of artifacts or soils deposits, an archaeologist shall monitor further work in the discovery area.

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. 4901-6038-5421 v2 18
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 4901-6038-5421 v2 19
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.
4901-6038-5421 v2 20
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.
4901-6038-5421 v2 21

37. 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.

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 4901-6038-5421 v2 22
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

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

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 4901-6038-5421 v2 23
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.

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
4901-6038-5421 v2 24
j. Green Building documentation
k. Title-24 energy documentation

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 4901-6038-5421 v2 25
prior to any such activities taking place. A grading permit may be required for the abovementioned work.

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) 4901-6038-5421 v2 26
h. Accessible features per specific occupancy requirements i. Accessible special features, i.e., ATM's point of sale machines, etc.

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:
4901-6038-5421 v2 27

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.
4901-6038-5421 v2 28
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. 4901-6038-5421 v2 29
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.

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
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 4901-6038-5421 v2 30
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, which is calculated at 1% of the valuation, with the first $10,000 of valuation exempt.

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 4901-6038-5421 v2 31
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. 4901-6038-5421 v2 32
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 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
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Tuesday, the 17th day of February 2026, by the following vote, to wit:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
____________________
Lindsay Lara, City Clerk
Exhibit 1 - General Plan Consistency Analysis
Exhibit 2 - Downtown Precise Plan Consistency Analysis
Exhibit 3 - Zoning Consistency Analysis
Exhibit 4 – Affordable Housing Agreement
ATTACHMENT 2, EXHIBIT 1
ANALYSIS OF PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2040 1-1

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

Consistent
The Project proposes 131 residential units approximately 0.3 mile from the Downtown SMART station, which supports housing that has access to viable transportation alternatives. Additionally, the Project proposes bicycle parking on the streetscape and within the garage space, which can support alternative modes of transportation. As such, the Project is consistent with General Plan Policy LU-1.3.

Policy LU-1.8: Density of Residential Development
Use the density ranges in the Land Use Element to determine the number of housing units allowed on properties within the Planning Area.

Consistent
The Project site is designated Downtown Mixed Use in the General Plan, which does not establish a residential density limit and includes the highest development intensities in the city, containing a mix of housing, office, retail, service, and public land uses. The Project proposes a residential density of approximately 198 dwelling units per acre. Thus, the Project’s density complies with the Downtown Mixed Use General Plan designation and intent. As such, the Project is consistent with General Plan Policy LU-1.8.

Policy LU-2.2: Mixed Use Development
Encourage mixed-use development (combining housing and commercial uses) in Downtown San Rafael and on commercially designated properties elsewhere in the city. Mixed-use development should enhance its surroundings and be compatible with adjacent properties.

Consistent
The Project includes approximately 4,000 square feet of commercial space on the ground floor of the proposed mixed-use building. Although there is no specific tenant identified for the commercial space, the T5NO 50/70 zoning district permits and conditionally permits a variety of uses that would enhance the project site and are compatible with adjacent properties. The Project’s integration of a commercial space of this size further enhances its surroundings and is compatible with adjacent properties as it provides opportunities for new, neighborhood-serving uses that would provide goods and services within walking and biking distance of existing and proposed residences. As such, the Project is consistent with General Plan Policy LU-2.2 and LU-2.3.

Policy LU-2.3: Neighborhood-Serving Commercial Uses
Encourage the retention and improvement of neighborhood-serving retail stores and services. In the event such spaces become vacant, consider other activities that reinforce their role as neighborhood centers.

Neighborhood-serving commercial areas should reinforce the City’s goal of reducing greenhouse gas emissions and traffic congestion by providing walkable, bikeable services and shopping close to residents.

NEIGHBORHOODS ELEMENT
Policy NH-1.1: A Thriving Downtown
Sustain and improve Downtown San Rafael as a safe, attractive, convenient, well-maintained place to visit, shop, recreate, work, and live.

Program NH-1.1A: Downtown Precise Plan and Form Based Code.

Implement the Downtown Precise Plan and Form Based Code to Consistent
The Project implements the Downtown Precise Plan and Form-Based Code by providing a mixed-use development within the City’s Downtown.

The Project involves new development that would strengthen the Downtown and increase attraction to the area as it provides residential ATTACHMENT 2, EXHIBIT 1
ANALYSIS OF PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2040 1-2
strengthen the identity of Downtown districts and guide new development and investment.
units and commercial space, bringing increased activity that encourages maintaining and improving the area as a safe, attractive, convenient, and well-maintained place to visit, shop, recreate, work, and live. As such, the Project is consistent with General Plan Policy NH-1.1.

Policy NH-1.3: Downtown Housing
Support Downtown’s continued growth as a mixed-use neighborhood and quality residential environment. New housing should include a mix of affordable and market-rate units, including expanded resources for unsheltered persons and extremely low-income households. Housing should take advantage of Downtown’s amenities and views and contribute to its character as a dynamic neighborhood.

Consistent
The Project includes the development of 131 residential units, including a mix of affordable and market-rate units, as well as a 4,000 square foot commercial space. As such, the Project supports the continued growth of the Downtown as a mixed-use neighborhood and quality residential environment and is consistent with General Plan Policy NH-1.3.

Policy NH-1.6: Public Realm
Improve the quality and usefulness of public space Downtown, including streets, sidewalks, alleys, plazas, parks, and other civic spaces. Public investments in these spaces should be directed in a way that supports Downtown development. Downtown public space should be safe, comfortable, and well-maintained.

Consistent
The Project consists of a variety of public improvements including new, bicycle racks on the sidewalk along A Street and 3rd Street that will serve the public and promote alternative travel modes to the site. Additionally, the Project includes new benches and tree planting along A Street and 3rd Street, which supports public gathering and a safe, comfortable, and well-maintained space. As such, the Project is consistent with General Plan Policy NH-1.6.

Policy NH-1.7: Context-Sensitive Design
Ensure that new construction and redevelopment is sensitive to Downtown’s existing context, with thoughtful transitions to established neighborhoods and retention of important historic buildings and building elements. As Downtown grows, it should retain its sense of history and authenticity
Consistent
The Project’s overall design is sensitive to the Downtown’s existing context as it provides a well-designed mixed-use building that maintains a pedestrian scale through a well-defined podium base, large storefront windows, and multiple entrances, thereby directly engaging the street and creating an active, pedestrian-scale frontage. Additionally, although the Project requests waivers from the required stepbacks, a smaller stepback is incorporated between levels 4 and 5 which effectively reduces the building's overall height and bulk, resulting in a pedestrian experience that is primarily defined by the more intimate scale of the building’s foundational levels. Furthermore, the Project is an infill development that supports the urban environment of the site by providing high density housing and commercial space. As such, the Project is consistent with General Plan Policy NH-1.7.

Policy NH-1.10: Downtown Circulation
Provide a safe, well-connected transportation network that efficiently serves all modes of travel. This network should promote safety for all travelers and create a street network that is safer and more comfortable Consistent
The Project provides bicycle parking along the streetscape and within the proposed garage. Additionally, the Project is supporting housing within walking and biking distance to transit, goods, and services. As a result, ATTACHMENT 2, EXHIBIT 1
ANALYSIS OF PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2040 1-3
for pedestrians. the Project supports the use of different modes of transportation and is therefore consistent with General Plan Policy NH-1.10.

Policy NH-1.11: Parking
Pursue creative solutions to meeting Downtown parking needs without losing the sense of the area as a pedestrian-oriented district. These solutions should include better management of the existing parking supply, additional private parking (including spaces available for public use) in high-demand areas such as the transit center vicinity, more efficiently designed parking structures, and improved signage and visibility of public parking facilities.

Consistent
The Project provides vehicular parking in the garage space located on the basement and ground level, thereby screening parking from the street view. Additionally, the Project limits vehicular access to a driveway on A Street, which supports movement of pedestrians along the building frontages. The Project efficiently places the proposed parking within the basement and ground floor, reducing areas of the site used solely for the purpose of parking. As such, the Project is consistent with General Plan Policy NH-1.11.

COMMUNITY DESIGN AND PRESERVATION ELEMENT
Policy CDP-2.2: Downtown Urban Design. Enhance the design qualities that make Downtown San Rafael a unique and special place, including its traditional street grid, street trees, walkable scale, historic building stock, and varied architecture.

Consistent
The Project will maintain the existing street grid pattern, will plant additional street trees along both Project frontages, and will create a walkable scale by incorporating a ground floor commercial space and large windows that promote transparency and contribute to an engaging streetscape. As such, the Project is consistent with General Plan Policy CDP-2.2.

Policy CDP-3.5: Street Trees
Encourage the planting and maintenance of street trees to reduce urban heat island effects, sequester carbon, improve air quality, absorb runoff and wind, define neighborhoods, and improve the appearance and character of city streets.

Consistent
The Project includes the removal of 18 trees, including 8 street trees. The Project will increase the number of street trees as it includes the planting of 6 red maple trees along A Street and 6 Brisbane box trees along 3rd Street. Additionally, the Project includes 12 trees within the podium courtyard, which further contributes to reducing urban heat island effects by providing additional shaded areas and enhances the appearance and character of the area by incorporating landscaping that softens the appearance of the building when viewed from city streets. As such, the Project is consistent with General Plan Policy CDP-3.5.

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

Consistent
The Project includes common open space areas for residents including a podium courtyard that contains lounge furniture and recreational amenities on the 2nd floor, a roof deck with lounge furniture, and an indoor amenity space on the 8th floor. Additionally, private balconies are provided for some of the residential units. As such, the Project is consistent with General Plan Policy CDP-4.6.

ATTACHMENT 2, EXHIBIT 1
ANALYSIS OF PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2040 1-4
Policy CDP-4.9: Parking and Driveways. Encourage parking and circulation design that supports pedestrian movement and ensures the safety of all travelers, including locating parking to the side or rear of buildings, limiting driveway cuts and widths, and minimizing large expanses of pavement. Parking should be screened from the street by landscaping and should provide easy access to building entrances.

Consistent
The Project provides vehicular parking in the garage space located on the basement and ground level, thereby screening parking from the street view. Additionally, the Project limits vehicular access to a driveway on A Street, which supports movement of pedestrians along the building frontages by limiting interactions between vehicles and pedestrians. As such, the Project is consistent with General Plan Policy CDP-4.9.

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

Consistent
The Project proposes various lighting types including downward cast wall sconces which will be provided at building entrances and along the perimeter of the building walls, which will support safety and security.

Additionally, the downward cast lighting will support the prevention of excessive light spillover and glare. As such, the Project is consistent with General Plan Policy CDP-4.11.

CONSERVATION AND CLIMATE CHANGE ELEMENT
Policy C-2.1: State and Federal Air Quality Standards. Continue to comply with state and federal air quality standards.

Consistent
A Project-specific Air Quality Assessment was prepared by Illingworth & Rodkin on July 9, 2025. As discussed in the assessment, construction and operation of the Project would not result in the cumulatively considerable net increase of any criteria pollutant for which the Project region is non-attainment under an applicable federal or state ambient air quality standard. Additionally, as discussed in the CEQA Categorical Exemption Review Memorandum prepared for the Project, the Project meets the operational screening level size as provided in the Bay Area Air District’s 2022 CEQA Guidelines and would not exceed state and federal air quality standards. Furthermore, the Project is conditioned to incorporate best management practices during construction to control for fugitive dust, and is also conditioned to either prepare a construction health risk assessment, or incorporate enhanced best management practices during construction, including verified diesel emission control strategies and implementation of a construction minimization plan, 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. As such, the Project is consistent with General Plan Policies C-2.1, C-2.2, and C-2.4.

Policy C-2.2: Land Use Compatibility and Building Standards.

Consider air quality conditions and the potential for adverse health impacts when making land use and development decisions. Buffering, landscaping, setback standards, filters, insulation and sealing, home HVAC measures, and similar measures should be used to minimize future health hazards.

Program C-2.2A: Protection of Sensitive Receptors. Use the development review process to require an evaluation of air quality impacts and the inclusion of measures to mitigate the exposure of sensitive receptors to both construction-related and long-term operational impacts. As prescribed by the EIR for General Plan 2040 and the Downtown Precise Plan, the following protocols shall be followed:
a) Projects that exceed BAAQMD screening criteria shall be required to evaluate project-specific construction emissions and operational emissions in conformance with California Environmental Quality Act (CEQA) Guidelines and BAAQMD methodologies. If projected pollutant levels for either construction or operations exceed BAAQMD thresholds, project applicants shall be required to mitigate the impacts to an acceptable level.

ATTACHMENT 2, EXHIBIT 1
ANALYSIS OF PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2040 1-5
b) As recommended by the California Air Resources Board, projects that would result in construction activities within 1,000 feet of residential and other land uses that are sensitive to toxic air contaminants (e.g., hospitals, nursing homes, day care centers, etc.), as measured from the property line of the project, shall be required to prepare a construction health risk assessment in accordance with the policies and procedures of the Office of Environmental Health Hazard Assessment (OEHHA) and the BAAQMD CEQA Guidelines. These Guidelines identify mitigation measures capable of reducing potential cancer and non-cancer risks to a level below ten in one million or a hazard index of 1.0.

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

Program C-2.4A: Particulate Matter Exposure. Through development review, require that Best Available Control Technology (BACT) measures (such as setbacks, landscaping, paving, soil and dust management, and parking lot street sweeping) are used to protect sensitive receptors from particulate matter. This should include control of construction-related dust and truck emissions as well as long-term impacts associated with project operations. Where appropriate, health risk assessments may be required to evaluate risks and determine appropriate mitigation measures.

Policy C-3.1: Water Quality Standards
Continue to comply with local, state and federal water quality standards.

Consistent
A Stormwater Control Plan was prepared for the project by Luk and Associates on June 24, 2025. The plan outlines methods for managing the site’s stormwater runoff consistent with the Bay Area Stormwater Management Agencies Association’s requirements. As outlined in the plan, the runoff from the roof of the building will be conveyed to bioretention planters in the podium courtyard, where it will be treated and conveyed to the City’s storm drain system. The bio-retention planters will clean the runoff and reduce contamination, which improves the water quality. Untreated water from the podium deck and other roof surfaces will be conveyed to a Media Filter at the ground level which will remove contaminants prior to the water entering the City’s storm drain system. As conditioned, the project is required to submit plans for erosion and sediment control, stormwater control, and stormwater facility operations and maintenance. As a standard condition of approval, the project is required to comply with the City of San Rafael and the Marin County Stormwater Pollution Prevention Program regulations. As such, the project is consistent with General Plan Policy C-3.1, Policy C-3.2, and Policy C-3.2: Reduce Pollution from Urban Runoff
Require Best Management Practices (BMPs) to reduce pollutants discharged to storm drains and waterways. Typical BMPs include reducing impervious surface coverage, requiring site plans that minimize grading and disturbance of creeks and natural drainage patterns, and using vegetation and bioswales to absorb and filter runoff.

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

Program C-3.3A: Development Review. Provide guidance to developers, contractors and builders on the use of rain gardens, bioswales and bioretention facilities, permeable pavers, grass parking lots, and other measures to absorb stormwater and reduce runoff rates and volumes.

ATTACHMENT 2, EXHIBIT 1
ANALYSIS OF PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2040 1-6
Policy C-3.3.

Policy C-3.9: Water-Efficient Landscaping. Encourage—and where appropriate require—the use of vegetation and water-efficient landscaping that is naturalized to the San Francisco Bay region and compatible with water conservation, fire prevention and climate resilience goals.

Consistent
The project proposes a total of 2,963 square feet of landscape areas including 926 square feet at the street level, 2,017 square feet at the 2nd level podium courtyard, and 20 square feet at the rooftop. Additionally, the project proposes a total of 24 trees including 6 trees along A Street, 6 along 3rd Street, and 12 on the podium level. Proposed plant species are primarily low to moderate water usage. Furthermore, as a standard condition of approval, the landscape plan is subject to approval from Marin Municipal Water District. As such, the project is consistent with General Plan Policy C-3.9.

PARKS, RECREATION, AND OPEN SPACE ELEMENT
Policy PROS-1.13: Recreational Facilities in Development Projects Encourage, and where appropriate require, the construction of on-site recreational facilities in multi-family, mixed use, and office projects to supplement the facilities available in City parks.

Program PROS-1.13A: Onsite Recreation Facilities. Continue to implement zoning regulations that require appropriate recreational facilities for residents in new development.

Program PROS-1.13B: Rooftop Open Space. Encourage the development of rooftop open space in higher density residential, mixed use, and commercial projects. Such spaces should be designed to minimize the potential for noise, privacy, and light impacts on nearby properties.

Consistent
The project includes common open space area for residents including a podium courtyard with lounge furniture and recreational amenities on the 2nd floor, a roof deck with lounge furniture, and an indoor amenity space on the 8th floor. As such, the project is consistent with General Plan Policy PROS-1.13.

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

Program S-2.1A: Seismic Design. Adopt and enforce State building codes which ensure that new or altered structures meet the minimum seismic standards set by State law. State codes may be amended as needed to reflect local conditions.

Program S-2.1B: Geotechnical Review. Continue to require soil and geologic hazard studies and peer review for proposed development as Consistent
A Geotechnical Feasibility Study dated February 17, 2025, was provided with the project application and determined that construction of the project is feasible. The study also includes recommendations for seismic design of the proposed structures to be in conformance with the provisions of the most recent edition of the California Building Code.

Furthermore, as a standard condition of approval, the project is required to provide a plan review letter from the geotechnical engineer of record confirming that the project drawings are in conformance with their recommendations. As such, the project is consistent with General Plan Policy S-2.1.

ATTACHMENT 2, EXHIBIT 1
ANALYSIS OF PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2040 1-7
set forth in the City’s Geotechnical Review Matrix (See Appendix F and text box at right). These studies should determine the extent of geotechnical hazards, optimum design for structures and the suitability and feasibility of proposed development for its location, the need for special structural requirements, and measures to mitigate any identified hazards. Periodically review and update the Geotechnical Review Matrix to ensure that it supports and implements the Local Hazard Mitigation Plan by identifying potentially hazardous areas. Consider removing the procedures from the General Plan and instead adopting them as part of the Zoning Ordinance or through a separate resolution.

NOISE ELEMENT
Policy N-1.1: Land Use Compatibility Standards for Noise. Protect people from excessive noise by applying noise standards in land use decisions. The Land Use Compatibility standards in Table 9-2 are adopted by reference as part of this General Plan and shall be applied in the determination of appropriate land uses in different ambient noise environments.

Program N-1.1A: Residential Noise Standards. Maintain a maximum noise standard of 70 Ldn DB for backyards, decks, and common/usable outdoor spaces in residential and mixed use areas. As required by Title 24 insulation requirements, interior noise levels shall not exceed 45 Ldn in all habitable rooms in residential units.

Consistent
A Noise and Vibration Assessment was prepared by Illingworth & Rodkin, dated April 4, 2025, and was submitted with the project application. The assessment includes recommended design measures to incorporate into the project design to ensure the residential use is compatible with the existing noise environment. Furthermore, as detailed in the analysis and the CEQA Categorical Exemption Review Memorandum, construction and operation of the project will maintain an acceptable noise environment in San Rafael. As such, the project is consistent with General Plan Policy N1.1 and Policy N-1.2.

Policy N-1.2: Maintaining Acceptable Noise Levels. Use the following performance standards to maintain an acceptable noise environment in San Rafael:
a. New development shall not increase noise levels by more than 3 dB Ldn in a residential area, or by more than 5 dB Ldn in a nonresidential area. b. New development shall not cause noise levels to increase above the “normally acceptable” levels shown in Table 9-2.
c. For larger projects, the noise levels in (a) and (b) should include any noise that would be generated by additional traffic associated with the new development.
d. Projects that exceed the thresholds above may be permitted if an acoustical study determines that there are mitigating circumstances (such as higher existing noise levels) and nearby uses will not be ATTACHMENT 2, EXHIBIT 1
ANALYSIS OF PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2040 1-8
adversely affected.

Program N-1.2A: Acoustical Study Requirements. Require acoustical studies for new single family residential projects within the projected 60 dB Ldn noise contour and for multi-family or mixed use projects within the projected 65 dB Ldn contour (see Figure 9-2). The studies should include projected noise from additional traffic, noise associated with the project itself, and cumulative noise resulting from other approved projects.

Mitigation measures should be identified to ensure that noise levels remain at acceptable levels.

Policy N-1.11: Vibration
Ensure that the potential for vibration is addressed when transportation, construction, and non-residential projects are proposed, and that measures are taken to mitigate potential impacts.

Consistent
A Noise and Vibration Assessment was prepared by Illingworth & Rodkin, dated April 4, 2025, and submitted with the project application. As detailed in the CEQA Categorical Exemption Review Memorandum construction of the project will not exceed established thresholds. As such, the project is consistent with General Plan Policy N-1.11.

MOBILITY ELEMENT
Policy M-2.5: Traffic Level of Service
Maintain traffic Level of Service (LOS) standards that ensure an efficient roadway network and provide a consistent basis for evaluating the transportation effects of proposed development projects on local roadways. These standards shall generally be based on the performance of signalized intersections during the AM and PM peak hours. Arterial LOS standards may be used in lieu of (or in addition to) intersection LOS standards in cases where intersection spacing and road design characteristics make arterial LOS a more reliable and effective tool for predicting future impacts.

Consistent
A Local Traffic Analysis was prepared by Advanced Mobility Group, dated April 2025, for the proposed project. The analysis concludes that project generated traffic will result in a slight increase in delays at the study intersections under the existing plus project scenario. However, all five intersections will continue to operate at Level of Service (LOS) C or better. As such, the project is consistent with General Plan Policy M-2.5.

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

Consistent
As a standard condition of approval, the project is subject to payment of a traffic mitigation fee for net new AM trips and PM trips. As such, the project is consistent with General Plan Policy M-2.6.

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

Consistent
A Local Traffic Analysis was prepared for the project by Advanced Mobility Group and determined that the project meets the criteria to be screened out from the need for a quantitative vehicle miles travelled (VMT) analysis consistent with the City of San Rafael Transportation Analysis Guidelines.

The determination was based on the project being located within ½ mile of a major transit stop and in a low VMT-generating area. As such, the project is consistent with General Plan Policy M-3.1.

ATTACHMENT 2, EXHIBIT 1
ANALYSIS OF PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2040 1-9
Policy M-7.8: Parking for Alternative Modes of Transportation Designate parking spaces to incentivize and encourage carpooling, electric vehicles, and other more sustainable modes of travel.

Consistent
The project proposes electric vehicle (EV) parking spaces on the basement and ground level. Additionally, the project proposes bicycle parking within the basement and ground level garage space and along the streetscape, thereby supporting the use of bicycling among the residents and the community. As such, the project is consistent with General Plan Policy M-7.8.

COMMUNITY SERVICES AND INFRASTRUCTURE ELEMENT
Policy CSI-4.2: Adequacy of City Infrastructure and Services As part of the development review process, require applicants to demonstrate that their projects can be adequately served by the City’s infrastructure. All new infrastructure shall be planned and designed to meet the engineering and safety standards of the City as well as various local service and utility providers.

Consistent
The project is within the development potential anticipated by the San Rafael 2040 General Plan and Downtown Precise Plan and as a result can be served by all regional and local services. Additionally, the project will connect to the existing utilities located along A street and 3rd Street including existing sanitary sewer, storm drain, water, and electrical utilities.

The project has received will-serve letters from Marin Municipal Water District and San Rafael Sanitation District. As such, the project is consistent with General Plan Policy CSI-4.2.

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

Consistent
A Marin Municipal Water District memorandum dated February 19, 2025, confirms that the proposed project will not impair the District’s ability to continue service to the subject property, subject to conditions of approval.

As such, the project is consistent with General Plan Policy CSI-4.8.

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

Consistent
The San Rafael Sanitation District provided a will-serve letter for the proposed project dated August 29, 2025. The letter confirms that the District has the ability to serve the project, subject to conditions of approval. As such, the project is consistent with General Plan Policy CSI4.9.

HOUSING ELEMENT
Table 4.5 Downtown Mixed Use Sites With Capacity for 30 Units or More Consistent The project is consistent with the Housing Element, which identifies a site-specific realistic capacity of 54 units. The project proposes 131 units and is therefore within the capacity anticipated and is therefore consistent with the adopted Housing Element.

ATTACHMENT 2, EXHIBIT 1
ANALYSIS OF PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2040 1-10
Policy H-3.5: Housing and Greenhouse Gas Emissions
Design and locate new housing in a way that supports the city’s greenhouse gas reduction goals. This includes building new housing near transit and in locations where it is easier to walk to shopping, restaurants, services, work, school, and other destinations. It also includes reducing the use of non-renewable fossil fuels through electrification, decreased natural gas use, energy efficiency, and tree planting.

Consistent
The project proposes a high-density residential project near transit and within an urban environment that fosters access to goods and services.

As such, the project reduces dependency on single-occupancy vehicles.

Additionally, the project provides bicycle parking within the garage space and along the streetscape, which supports the use of bicycles among residents and the overall community, thereby reducing reliance on singleoccupancy vehicles and increasing use of alternative transportation methods. As such, the project is consistent with General Plan Policy H3.5.

ATTACHMENT 1, EXHIBIT 2

ANALYSIS OF PROJECT CONSISTENCY WITH DOWNTOWN PRECISE PLAN 2-1
Table 1: T5 Neighborhood Development Standards (Downtown Precise Plan Section 2.3.050) Standard Required Proposed Notes

BUILDING PLACEMENT
Setbacks
Front 0 ft. min. 15 ft. max. 4 ft. Complies
Front Façade Length 70% min. 81%1 Complies
Side Street 0 ft. min. 15 ft. max. 4 ft. Complies
Side Street Façade Length 60% min. 92%2 Complies
Side 0 ft. min. 0-10 ft. Complies
Rear 0 ft. min. 0-10 ft. Complies
Civic Space 200 s.f. min. 0 s.f. SDBL Waiver

BUILDING FORM AND MAXIMUM ENVELOPE
Height
Overall Building Height 70 ft. 83.5 ft. SDBL Waiver
Highest Top Plate/Highest Eave 65 ft. 82.5 ft.

Stepback
Front 10 ft. at 45 ft. 4 ft. SDBL Waiver
Side Street 10 ft. at 45 ft. 4 ft. SDBL Waiver
Rear 10 ft. at 45 ft. 6 ft 11 in. SDBL Waiver
Ground Floor Standards
Finish Level - Residential3 12” min. 0” Complies (see footnote) Finish Level - Non-Residential Flush with sidewalk 0” Complies Ceiling 10 ft. min. 13 ft. Complies
Depth – Front 30 ft. min. Commercial Space: 66’ 5” Complies Depth – Other 12 ft. min. Commercial Space: 60’
Leasing Office: 30’ 6”
Lobby: 41’ 3”
Complies
1 Total 3rd St façade zone = 1,794 inches. Total 3rd St. building façade length = 1,461.25 inches. 1,461.25/1,794 x 100% = 81.45%. 2 Total A St. façade zone = 2,365 inches. Total A St. building façade length = 2,173.75 inches. 2,173.75/2,365 x 100% = 91.91% 3 Common entries may be set at grade in compliance with local and federal accessibility standards.

ATTACHMENT 1, EXHIBIT 2

ANALYSIS OF PROJECT CONSISTENCY WITH DOWNTOWN PRECISE PLAN 2-2
Table 1: T5 Neighborhood Development Standards (Downtown Precise Plan Section 2.3.050) Standard Required Proposed Notes
Automobile Parking Not Required 107 The Project site is within ½ mile of transit, and pursuant to Government
Code Section 65863.2(a), no
automobile parking minimums
apply.

Bicycle Parking 1 space per one-bedroom unit (77)
2 spaces per two-bedroom unit (108)
109 (93 covered4, 16
uncovered)
SDBL Waiver
4 93 covered spaces do not comply with design criteria contained in SRMC Section 14.18.090(E) and therefore do not count toward the total amount of bicycle parking.

ATTACHMENT 1, EXHIBIT 2

ANALYSIS OF PROJECT CONSISTENCY WITH DOWNTOWN PRECISE PLAN 2-3
Table 2: Site Standards (Downtown Precision Plan Division 3.1) Review Criteria Proposed

3.1.020. Mechanical Equipment Screening.

Building parapets or other architectural
elements in the building’s architecture style
shall screen roof-mounted equipment.

The project incorporated a parapet to screen mechanical equipment and as such meets the screening requirements set forth in Section 3.1.020 of the form based code.

3.1.030. Landscaping. The Design Standards
subsection requires shrubs to be one-gallon
size or larger and trees to be 15-gallon size or
larger, and requires species to meet the
minimum standards set forth in MMWD Water
Conservation Ordinance 414.

As proposed and conditioned, the project includes shrubs and trees that meet the minimum size requirements. Additionally, as conditioned, the project is required to comply with MMWD Water Conservation Ordinance 414 and as such meets the landscaping requirements set forth in Section 3.1.030 of the form based code.

ATTACHMENT 1, EXHIBIT 2

ANALYSIS OF PROJECT CONSISTENCY WITH DOWNTOWN PRECISE PLAN 2-4
Table 3: Massing and Façade Articulation (Downtown Precision Plan Division 3.2) Review Criteria Proposed

3.2.030. Tripartite Façade Articulation. New
facades and façade modifications along a
street or civic space shall be designed to
visually express a base, middle, and top.

The design complies with this requirement. As proposed, the ground floor/base contains the lobby, restaurant, and garage entrance, the middle contains levels 2 and 3 with residential units, and the top contains residential units on levels 4-8 (See Sheet A3.2 to A3.5 of Plans).

As such, the project meets the tripartite façade articulation requirements set forth in Section

3.2.030 of the form based code.

3.2.040. Massing and Composition. Building
facades shall be arranged in an orderly
composition of window bays/openings based
on prevalent patterns of 5, 7 or 9 bays.

The project utilizes various architectural elements that make the building appear as multiple buildings. The architecture expresses orderly symmetrical composition. This is achieved through the use of physical recesses, projections, symmetrical window configuration, and support columns to create bays. No building element measures greater than 175 feet in length. As such, the Project meets the massing and composition requirements set forth in Section 3.2.040 of the form based code.

3.2.050. Corner Elements. New facades and
facade modifications shall be designed to
include a corner element to give visual
importance to the corner and enhance the
public realm.

The Project includes a 4,000 square foot commercial space that serves as a corner element, giving visual importance to the corner and enhancing the public realm. As such, the Project meets the corner elements requirements set forth in Section 3.2.050 of the form based code.

ATTACHMENT 1, EXHIBIT 2

ANALYSIS OF PROJECT CONSISTENCY WITH DOWNTOWN PRECISE PLAN 2-5
Table 4: Frontage Standards (Downtown Precise Plan Division 3.3), Section 3.3.090 (Shopfront) Standard Required Proposed Notes
SIZE
Distance between glazing 3’ max 4’ 6”
Ground floor glazing 75% min.

Depth of recessed entries 5’ max 4’ 6” Complies
Shopfront base 12” min; 30’ max 0”
AWNING
Depth 5’ min. 5’ Complies
Setback from curb 2’ min. 11’ (A St)
19’ (3rd St)
Complies
Height clear 8’ min. 11’ 6” Complies
Attachment 1, EXHIBIT 3
ANALYSIS OF PROJECT CONSISTENCY WITH TITLE 14 – ZONING
3-1
CHAPTER 14.16 - SITE AND USE REGULATIONS

14.16.025 Refuse Enclosure Requirement. Section 14.16.025 of the SRMC requires that refuse areas be screened from view and that the area be designed to meet the minimum recommended dimensional standards of the local refuse collection agency. The Planning Division referred the project to Marin Sanitary Service who confirmed that the staging area shown on A Street is satisfactory for refuse collection.

Additionally, Marin Sanitary Service staff noted that the room inside the garage area labeled trash appears to be of sufficient size to accommodate all necessary containers. Consistent with Marin Sanitary Service requirements, Attachment 1 includes a condition of approval requiring that all refuse containers be placed at the curb in the staging area by 6:00 am the day of collection. As proposed and conditioned, the project meets the requirements of SRMC Section 14.16.025.

14.16.030. Affordable Housing
Requirements.

Affordable housing requirements are contained in SRMC Section 14.16.030 (Affordable housing requirement) and governed by Ordinance 1990 and associated Resolutions 14890 and 14891 that amended the affordable housing obligation for residential projects. Residential development projects greater than fifteen (15) units are required to meet a primary and secondary requirement as follows:
• Primary Requirement. The Project is required to provide five percent (5%) of the proposed units as deed restricted BMR units (excluding density bonus units) affordable to and occupied by a low-income households.
• Secondary Requirement. This requirement can be satisfied by providing an additional five percent (5%) low income units (excluding density bonus units).

The base project provides 110 units, of with 11 (10%) 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 low-income households, the Project meets the primary and secondary requirements. Additionally, the project qualifies for benefits under the State Density Bonus Law, including a 20% density bonus, one incentive or concession, and unlimited waivers from development standards.

14.16.170 Geotechnical Review. The applicant has provided a Geotechnical Feasibility Report, prepared by Miller Pacific Engineering Group, dated February 17, 2025. The report has been reviewed by the Department of Public Works and recommendations will be incorporated during the building permit process. Therefore, the project meets the requirements of Section 14.16.170.

14.16.227 Light and Glare. Section 14.16.227 of the SRMC requires that colors, materials and lighting are designed to avoid creating undue off-site light and glare impacts. As proposed, the Project includes neutral- Attachment 1, EXHIBIT 3
ANALYSIS OF PROJECT CONSISTENCY WITH TITLE 14 – ZONING
3-2
colored finishes and down cast light fixtures that are designed and/or shielded to conceal light sources from view off-site and avoid spillover onto adjacent properties. Additionally, as conditioned, all new lighting shall be subject to a 90-day post installation inspection to allow for adjustment and assure compliance with this section. Therefore, as proposed and conditioned, the Project complies with SRMC Section 14.16.227.

14.16.243 Mechanical Equipment
Screening.

SRMC Section 14.16.243 requires that mechanical equipment placed on the rooftop of a building be adequately screened from public view. The Precise Plan also contains mechanical equipment screening requirements and standards applicable to properties within the downtown mixed use (DMU) district. The Project includes mechanical equipment located on the rooftop that is screened from public view by parapet walls and therefore the Project complies with Section 14.16.243 of the SRMC.

14.16.260 Noise Standards. Section 14.16.260 of the SRMC require compliance with general noise standards, construction standards, and noise standards contained in the General Plan. In general, noise at residential properties may not exceed 60 dBA (Intermittent) and 50 dBA (Constant) during daytime and 50 dBA (Intermittent) and 40 dBA (Constant) at night time. Construction is limited to between the hours of seven a.m. (7:00 a.m.) and six p.m. (6:00 p.m.), Monday through Friday, and nine a.m. (9:00 a.m.) and six p.m. (6:00 p.m.) on Saturdays, provided that the noise level at any point outside of the property plane of the Project shall not exceed ninety (90) dBA. No construction is allowed on Sundays and holidays. The City’s standard conditions of approval require compliance with the noise ordinance and compliance will be verified through the building permit process. Additional conditions of approval relating to noise include a public notice and compliant process and designated liaison that would 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. The Project site is located in a “conditionally acceptable” noise exposure area per General Plan 2040, Table 9-

2. Noise was evaluated in the CEQA Categorical Exemption Review Memorandum (Attachment 2) and supported by the Noise and Vibration Assessment Report prepared for the Project by Illingworth & Rodkin, Inc. (dated April 4, 2025). As stated above, conditions of Project approval will ensure that the Project complies with noise standards during both construction and operation of the Project and therefore the Project complies with Chapter 8.13 and Section 14.16.260 of the SRMC.

14.16.277 Use of City Sidewalks and
Rights-of-Way for Outdoor Eating Areas.

Section 14.16.277 of the SRMC requires prior approval for use of city sidewalks for outdoor eating areas. Conceptual imagery shown in the project plans show outdoor dining areas, however, this is for illustrative purposes only as there is currently no specific use or tenant identified for the 4,000 square foot ground floor commercial area. As conditioned, any future use proposing use of city sidewalks and rights-of-way for outdoor eating will be required to Attachment 1, EXHIBIT 3
ANALYSIS OF PROJECT CONSISTENCY WITH TITLE 14 – ZONING
3-3
comply with the permit requirements of SRMC Section 14.16.277. Therefore, as conditioned the Project complies with Section 14.16.277 of the SRMC.

14.16.370 Water-efficient landscape. Section 14.16.370 of the SRMC requires certain new construction and rehabilitation projects that include landscape and irrigation improvements to comply with water-efficient landscape requirements and to monitor water usage for irrigation, as mandated under California Government Code Section 65595(c). For the purpose of administering this state mandate, the City of San Rafael has adopted by reference, the Marin Municipal Water District (MMWD) Ordinance (Water Conservation) and designates MMWD to implement, enforce, and monitor the requirements of this ordinance. As conditioned, the applicant will be required to certify that the landscape plan complies with applicable regulations of the City of San Rafael and MMWD.

As such, the Project as conditioned complies with Section 14.16.370 of the SRMC.

Chapter 14.18 – Parking Standards

14.18. 090 Bicycle Parking. Section 14.18.090(E) of the SRMC specifies design criteria for short- and long-term bicycle parking facilities. Section 14.18.090(E)(4) requires at least ten inches clearance (10″) to walls or other obstructions. As proposed, bicycle racks are abutting the wall, which does not meet the 10” clearance requirement. Section 14.18.090(E)(5) requires an aisle or other space to be provided for bicycles to enter and leave the facility. The aisle is required to be at least five feet (5′) wide to the front or rear of a standard six-foot (6′) bicycle parked in a facility. As currently proposed, aisles would be obstructed by parked cars and other bicycles. Section

14.18.090(E)(6) requires that bicycle and auto parking areas be separated by a physical barrier or sufficient distance to protect parked bicycles from damage by cars. As currently proposed, there is no physical or spatial separation between cars and bicycles. Although the Project does not comply with the design requirements specified above, the applicant has requested a waiver from the design requirements. Therefore, through use of waivers permitted under State Density Bonus Law, the Project complies with Section 14.18.090(E) of the SRMC.

CHAPTER 14.25 – ENVIRONMENTAL AND DESIGN REVIEW PERMITS

14.25.090 - Findings
A. The Project design is in accord with the
general plan, the objectives of the zoning
ordinance and the purposes of this
chapter.

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
Attachment 1, EXHIBIT 3
ANALYSIS OF PROJECT CONSISTENCY WITH TITLE 14 – ZONING
3-4
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, Attachment 1, 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 herein 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, Attachment 1, Exhibit 2.

As detailed herein and 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.

Attachment 1, EXHIBIT 3
ANALYSIS OF PROJECT CONSISTENCY WITH TITLE 14 – ZONING
3-5
• 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.
• 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.

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 Attachment 1, EXHIBIT 3
ANALYSIS OF PROJECT CONSISTENCY WITH TITLE 14 – ZONING
3-6
the development standards. As such, the Planning Commission hereby approves the requested waivers.

C. The Project design minimizes adverse
environmental impacts:

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.
4921-7608-6906 v1
This document is recorded for the
benefit of the City of San Rafael
and is entitled to be recorded free
of charge in accordance with
Sections 6103 and 27383 of the
Government Code.

RECORDING REQUESTED

BY AND WHEN RECORDED
MAIL TO:

City of San Rafael
1400 Fifth Avenue
San Rafael, California 94901
Attention: City Clerk

BELOW MARKET RATE HOUSING AGREEMENT AND DECLARATION OF

RESTRICTIVE COVENANTS
(900 A Street)

THIS BELOW MARKET RATE HOUSING AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS (“Agreement”) is entered into as of __________, 2025 by and between the City of San Rafael, a California municipal corporation (“City”), and 900 A Street, LLC, a California limited liability company (“Owner”). City and Owner may be referred to individually as a “Party” or collectively as the “Parties” in this Agreement.

RECITALS
A. Owner is the owner of that certain real property located at 1030 Third Street (APN 011-263-21), in the City of San Rafael, California (“Property”), as more particularly described in Exhibit A attached hereto and incorporated herein by this reference. Owner refers to the project as “900 A Street” and may choose to readdress the Project parcel from 1030 Third Street to 900 A Street prior to issuance of first building permit.

B. Owner has applied to develop a mixed-use infill development (the “Project”) on the Property. The Property is comprised of one lot, totaling approximately 28,667 square feet. The Project includes 131 residential dwelling units and 4,000 square feet of ground-floor commercial space.

C. Owner will utilize the State Density Bonus Law (Gov. Code §§ 65915- 65918) as part of its development plans. As part of such plans, eleven (11) of the units within the Project (the “BMR Units”) shall be restricted for occupancy by Low-Income 4921-7608-6906 v1
households earning specified levels of income, at rents affordable to such households. The allocation of BMR Units across unit sizes in the Project and the length of the affordability restriction for such units are more particularly described in Exhibit B, attached hereto and incorporated herein by reference.

D. On November 18, 2025, after a duly noticed public hearing, the Planning Commission adopted Resolution No. 25-09 approving an Environmental and Design Review Permit (PLAN25-013 and ED25-027) and determining that the project is categorically exempt from CEQA pursuant to Section 15332 (Infill Development) of the State CEQA Guidelines (collectively, the “Project Approvals”) to allow the construction of the Project. The Project Approvals included a condition of approval for the Design Review Permit (condition #32) stating that the entitlements would expire two years after the effective date unless 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.

E. In accordance with San Rafael Municipal Code Chapter 14.16 (“BMR Ordinance”), the City of San Rafael Guidelines for Administration of the Affordable Housing Requirement Program (Resolution No. 14890, or “Guidelines”), and condition of approval #49, Owner is required to execute and record an approved BMR Housing Agreement as a condition precedent to approval of the issuance of a building permit for the Project. This Agreement is intended to satisfy that requirement.

F. Owner agrees to observe all the terms and conditions set forth below for purposes of development and operation of the BMR Units. This Agreement will ensure the Project’s continuing affordability.

NOW, THEREFORE, the Parties hereto agree as follows. The recitals are incorporated into this Agreement by this reference.

1. CONSTRUCTION OF THE IMPROVEMENTS

1.1 Construction of the Project. Owner agrees to construct the Project in accordance with all applicable provisions of the San Rafael Municipal Code and all other applicable state and local building codes, development standards, ordinances and zoning ordinances, and all entitlements and permits issued for the Project.

1.2 City and Other Governmental Permits. Before commencement of the Project, Owner shall secure or cause its contractor to secure any and all permits which may be required by the City or any other governmental agency affected by such construction, including without limitation building permits. Owner shall pay all necessary fees and timely submit to the City final drawings with final corrections to obtain such permits; City staff will, without incurring liability or expense therefore, process applications in the ordinary course of business for the issuance of building permits and certificates of occupancy for construction that meets the requirements of the San Rafael Municipal Code, and all other applicable laws and regulations.

1.3 Compliance with Laws. Owner shall carry out the design, construction and 4921-7608-6906 v1
operation of the Project in conformity with all applicable laws, including all applicable state labor standards, all applicable City zoning and development standards, building, plumbing, mechanical and electrical codes, and all other applicable provisions of the San Rafael Municipal Code, and all applicable disabled and handicapped access requirements, including without limitation the Americans With Disabilities Act, 42 U.S.C. Section 12101, et seq., Government Code Section 4450, etseq., Government Code Section 11135, et seq., and the Unruh Civil Rights Act, Civil Code Section 51, et seq.

2. DEFINITIONS
The following terms shall have the meanings set forth in this Section wherever used in this Agreement.
“Actual Household Size” means the actual number of persons in the applicable household.
“Adjusted for Family Size Appropriate for the Unit” shall be determined consistent with Section 50052.5(h) of the California Health and Safety Code, subject to the application of federal rules and regulations applicable to Project financing sources, including Section 42(g)(2) of the Internal Revenue Code of 1986, as amended and applicable federal and CTCAC regulations.

“Affordable Rent” means the following less a utility allowance and other fees and charges required to be paid by tenants of the Project on a non-optional basis: for the LowIncome Units, a monthly rent that does not exceed one-twelfth (1/12) of thirty percent (30%) of Sixty Percent (60%) of Area Median Income, Adjusted for Family Size Appropriate for the Unit. “Area Median Income” or “AMI” means the median income for Marin County, California, adjusted for Actual Household Size, as determined by the U.S. Department of Housing and Urban Development (“HUD”) pursuant to Section 8 of the United States Housing Act of 1937.
“CTCAC” means the California Tax Credit Allocation Committee. “Low-Income Units” is defined in Section 3.
“Median Income Household” means a household whose Household Income does not exceed the Area Median Income applicable to Marin County, adjusted for household size, as published annually by the California Department of Housing and Community Development; generally a household with a Household Income between eighty percent (80%) and one hundred percent (100%) of Area Median Income, adjusted for actual household size. “Official Records” means the Official Records of the Marin County Recorder. “Project” is defined in Recital B.
“Property” is defined in Recital A.
4921-7608-6906 v1
“Term” is defined in Section 3.

3. TERMS OF DEED RESTRICTION

3.1 Affordability and Occupancy Restrictions. The following affordability and occupancy restrictions shall apply in perpetuity: (i) not less than 11 residential units in the Project (the “Low-Income Units”) shall be restricted for occupancy at Affordable Rents by households whose gross household income at initial occupancy is no greater than eighty percent (80%) of Area Median Income adjusted for Actual Household Size.

The duration of this requirement shall be known as the “Affordability Period.”

3.2 Non-Discrimination Covenants. Owner covenants by and for itself, itssuccessors and assigns, and all persons claiming under or through them that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information or other class protected by applicable laws in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Property, nor shall Owner establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the Property.

Owner shall include such provision in all deeds, leases, contracts and other instruments executed by Owner, and shall enforce the same diligently and in good faith. a. In deeds, the following language shall appear:
(1) Grantee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through it, that there shall be no discrimination against or segregation of a person or of a group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the property herein conveyed nor shall the grantee or any person claiming under or through the grantee establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the property herein conveyed. The foregoing covenant shall run with the land.
(2) Notwithstanding paragraph (1), with respect to familial status, paragraph (1) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familialstatus, nothing in paragraph (1)shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11 and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to paragraph (1).
b. In leases, the following language shall appear:
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(1) The lessee herein covenants by and for the lessee and lessee’s heirs, personal representatives and assigns, and all persons claiming under the lessee or through the lessee, that this lease is made subject to the condition that there shall be no discrimination against orsegregation of any person or of a group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin, ancestry or disability in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the property herein leased nor shall the lessee or any person claiming under or through the lessee establish or permit any such practice or practices of discrimination of segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the property herein leased. (2) Notwithstanding paragraph (1), with respect to familial status, paragraph (1) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familialstatus, nothing in paragraph (1)shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11 and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to paragraph (1).
c. In contracts pertaining to management of the Project, the following language, or substantially similar language prohibiting discrimination and segregation shall appear:
(1) There shall be no discrimination against or segregation of any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the property nor shall the transferee or any person claiming under or through the transferee establish or permit any such practice or practices of discrimination or segregation with reference to selection, location, number, use or occupancy of tenants, lessee, subtenants, sublessees or vendees of the land. (2) Notwithstanding paragraph (1), with respect to familial status, paragraph (1) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familialstatus, nothing in paragraph (1)shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11 and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to paragraph (1).

3.3 Recordation. This Agreement shall be recorded in the Official Records of the County of Marin and shall run with the land.

3.4 No Subordination. Developer hereby represents, warrants and covenants that with the exception of easements of record, absent the consent of the City, this Agreement shall not be subordinated in priority to any lien (other than those pertaining to taxes or assessments), encumbrance, or other interest in the Property or the Project. If at the time this Agreement is recorded, any interest, lien, or encumbrance has been recorded against the Property or the Project 4921-7608-6906 v1
in position superior to this Agreement, upon the request of City, Developer hereby covenants and agrees to promptly undertake all action necessary to clear such matter from title or to subordinate such interest to this Agreement consistent with the intent of and in accordance with this Section

3.4, and to provide such evidence thereof as Commission may reasonably request.

4. OPERATION OF THE BMR UNITS

4.1 Maintenance. Owner shall comply with every condition of the Project Approvals applicable to the Project and shall, at all times, maintain the Project and the Property in good repair and working order, reasonable wear and tear excepted, and in a safe and sanitary condition, and from time to time shall make all necessary and proper repairs, renewals, and replacements to keep the Project and the Property in a good, clean, safe, and sanitary condition.

4.2 Monitoring and Recordkeeping. Throughout the Affordability Period, Owner shall comply with all applicable recordkeeping and monitoring requirements set forth in the Guidelines. City or its designee shall have the right to inspect the books and records of Owner and its rental agent or bookkeeper with respect to the BMR Units upon reasonable notice during normal business hours. Representatives of the City or its designee shall be entitled to enter the Property, upon at least 48-hour prior written notice, which can be provided via email, to monitor compliance with this Agreement, to inspect the records of the Project with respect to the BMR Units, and to conduct, or cause to be conducted, an independent audit orinspection ofsuch records. Owner agrees to cooperate with the City or its designee in making the Property available for such inspection or audit. Owner agrees to maintain records in businesslike manner, and to maintain such records for the Affordability Period.

4.3 BMR Units. Owner agrees to make available, restrict occupancy to, and lease, once constructed, not less than 11 BMR Units to Qualifying Households, as hereinafter defined, at an affordable rent, pursuant to the terms set forth below. This Section shall not be interpreted to require the construction of more than 11 BMR Units. The size of the BMR units, measured in square feet and in number of bedrooms, shall be proportionally comparable to the composition of the market rate units in the Project. All eleven (11) BMR Units shall be distributed approximately evenly throughout the floors of the new building. The specific location of the BMR Units may “float,” though they shall not be “bunched” together. The BMR units shall be comparable in finishes to the market rate units. The BMR Units shall be further distinguished and available to Qualifying Households in accordance with the following:
a. “Low Income Unit”: means a unit available to a Low Income Household, as hereinafter defined. Eleven (11) BMR Units shall be Low Income Units.

4.4 Qualifying Households. For purposes of this Agreement, “Qualifying Households” shall mean those households with incomes as follows:
a. “Low Income Household”: means a household with an income of not more than eighty percent (80%) of the Area Median Income for Marin County, California, adjusted for Actual Household Size and as otherwise adjusted and published from time to time by the State of California Department of Housing and Community Development (“HCD”) in Section 6932 of Title 25 of the California Code of Regulations or successor provision. 4921-7608-6906 v1
b. Increased Income of Tenants.
(1) Increase from Low Income to at or below Median Income. If upon annual recertification of a Tenant’s Household Income, the Developer determines that a former Low Income Household’s Income has increased and exceeds the qualifying income for a Low Income Household, but does not exceed the qualifying limit for a Median Income Household, then, upon expiration of the Tenant’s lease and after sixty (60) days’ written notice to the Tenant, the Tenant’s monthly Rent may be increased to one-twelfth (1/12) of 30% of the Tenant’s actual household income but not to exceed the Rent for a comparable market rate unit in the Project.
(2) Increase from Low Income or Median Income to Above Area Median Income. If upon annual recertification of a Tenant’s Household Income, the Developer determines that a Tenant’s Household Income has increased and exceeds the qualifying income for a Median Income Household, then the Tenant may be given written notice that the Tenant’s Rent shall be increased sixty (60) days after the date in the notice to an amount determined by the Developer but not to exceed Rent for a comparable market rate unit in the Project. A “comparable market rate unit” shall mean a unit of same bedroom count and similar size. The Developer shall be entitled to increase such Tenant’s rent after the Developer has rented the next available unit that is comparable in terms of size, features and number of bedrooms on a one-for-one basis to an Eligible Household at the same income level as the unit that is no longer a BMR Unit, or take other actions as may be necessary to ensure that the BMR Units are rented to Qualifying Households in the quantities specified in Section 4.3 of this Agreement. Owner shall notify City annually in writing if Owner substitutes a different unit for any of the BMR Units pursuant to this paragraph.

4.5 Income Verification and Annual Report. Owner shall verify that each household leasing a BMR Unit meets the income and eligibility restrictions for the BMR Unit by taking the following steps as a part of the verification process: (a) obtain a minimum of the three (3) most current pay stubs for all adults age eighteen (18) or older; (b) obtain an income tax return for the most recent tax year; (c) conduct a credit agency or similar search; (d) obtain the three (3) most currentsavings and checking account bank statements; (e) obtain an income verification form from the applicant’s current employer; (f) obtain an income verification form from the Social Security Administration and/or the California Department of Social Services if the applicant receives assistance from either of such agencies; or (g) if the applicant is unemployed and has no such tax return, obtain another form of independent verification. On or before July 1 of each year, commencing with the calendar year that the first residential unit in the Project is rented to a tenant, and annually thereafter, Owner shall obtain from each household occupying a BMR Unit and submit to the City an income computation and certification form, completed by a tenant of such unit, which shall certify that the income of each Qualifying Household is truthfully set forth in the 4921-7608-6906 v1
income certification form, in the form proposed by the Owner and approved by the City Manager (“Annual Report”). Copies of tenant income certifications shall be available to the City upon request. The Annual Report shall, at a minimum, include the following information for each BMR Unit: unit number, number of bedrooms, current rent and other charges, dates of any vacancies during the reporting period, number of people residing in the unit, total household Gross Income, and lease commencement and termination dates. The Report shall also provide a statement of the owner’s management policies, communications with the tenants and maintenance of the BMR Unit, including a statement of planned repairs to be made and the dates for the repairs.

4.6 Affordable Rent. The maximum Monthly Rent for each BMR Unit shall be as follows:
a. For each Low Income Unit, 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.

The Monthly Rent for each BMR Unit and paid by the occupying household shall be based on an assumed average occupancy per unit using the number of bedrooms in the unit plus one (1) (therefore, 1 person for a studio unit, 2 persons for a one-bedroom unit, 3 persons for a twobedroom unit and 4 persons for a three-bedroom unit).

For purposes of this Agreement, “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.

4.7 Agreement to Limitation on Rents. As described in Recital D above, Owner is developing the project pursuant to the State Density Bonus Law, which is a form of assistance authorized by Chapter 3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code.

Sections 1954.52(b) and 1954.53(a)(2) of the Costa-Hawkins Act provide that, where a developer has received such assistance, certain provisions of the Costa-Hawkins Act do not apply if a developer has so agreed by contract. Owner hereby agrees to limit Monthly Rent as provided in this Agreement in consideration of Owner’s receipt of the assistance and further agrees that any limitations on Monthly Rents imposed on the BMR Units are in conformance with the CostaHawkins Act. Owner further warrants and covenants that the terms of this Agreement are fully enforceable.

4.8 Lease Requirements. No later than 180 days prior to the initial lease up of the BMR Units, Owner shall submit a standard lease form to the City for approval by the Director or 4921-7608-6906 v1
their designee. The City shall reasonably approve such lease form upon finding that such lease form is consistent with this Agreement and contains all of the provisions required pursuant to the Guidelines. Owner shall enter into a written lease, in the form approved by the City, with each new tenant of a BMR Unit prior to a tenant or tenant household’s occupancy of a BMR Unit. Each lease shall be for an initial term of not less than one year which may be renewed pursuant to applicable local and State laws, and shall not contain any provisions that are prohibited pursuant to the Guidelines, local, state and Federal laws.

4.9 No Condominium Conversion; Occupancy as Principal Residence; No ShortTerm Rentals. Neither Developer nor any successor in interest shall be permitted to convert the residential units in the Project to condominium or cooperative ownership or sell condominium or cooperative rights to the residential units in the Project during the term of this Agreement. All residential units in the Project must be occupied as the principal residence of the tenant. The rental agreement or lease must provide that the tenant acknowledges and agrees that the dwelling unit must be occupied as the household’s principal residence, and that the unit may not be subleased or made available as a short-term rental.

4.10 Monitoring Fee. Following completion of construction of the Project, as evidenced by City’s issuance of a final certificate of occupancy or equivalent, Developer shall be obligated to pay to City or its designee an annual fee (the “Affordable Housing Monitoring Fee”) in the initial amount of consultant cost per Restricted Unit plus 10% or such greater amount as set forth in the City’s published fee schedule. The Affordable Housing Monitoring Fee is payable annually on the same date that the Annual Report is submitted to the City pursuant to Section 4.5.

City shall have the right to file a lien against the Project if the Affordable Housing Monitoring Fee is not paid when due and remains unpaid thirty (30) days following the date that City provides written notice of the delinquency.

5. DEFAULT AND REMEDIES

5.1 Events of Default. The following shall constitute an “Event of Default” by Owner under this Agreement: there shall be a material breach of any condition, covenant, warranty, promise or representation contained in this Agreement and such breach shall continue for a period of thirty (30) days after written notice thereof to the Owner without the Owner curing such breach, or if such breach cannot reasonably be cured within such 30 day period, commencing the cure of such breach within such 30 day period and thereafter diligently proceeding to cure such breach; provided, however, that if a different period or notice requirement is specified for any particular breach under any other paragraph of Section 5 of this Agreement, the specific provision shall control.

5.2 Remedies. The occurrence of any Event of Default under Section 5.1 shall give the City the right to proceed with an action in equity to require the Owner to specifically perform its obligations and covenants under this Agreement or to enjoin acts or things which may be unlawful or in violation of the provisions of this Agreement, and the right to terminate this Agreement.

5.3 Force Majeure. Subject to the party’s compliance with the notice requirements as set forth below, performance by either party hereunder shall not be deemed to be in default, and all performance and other dates specified in this Agreement shall be extended, where delays or 4921-7608-6906 v1
defaults are due to causes beyond the control and without the fault of the party claiming an extension of time to perform, which may include, without limitation, the following: war, insurrection, strikes, lockouts, riots, floods, earthquakes, fires, assaults, acts of God, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental restrictions or priority, litigation, unusually severe weather, inability to secure necessary labor, materials or tools, acts or omissions of the other party, or acts or failures to act of any public or governmental entity (except that the City’s acts or failure to act shall not excuse performance of the City hereunder). An extension of the time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within 30 days of the commencement of the cause.

5.4 Attorneys’ Fees. In addition to any other remedies provided hereunder or available pursuant to law, if either party brings an action or proceeding to enforce, protect or establish any right or remedy hereunder, the prevailing party shall be entitled to recover from the other party its costs of suit and reasonable attorneys’ fees. This Section shall be interpreted in accordance with California Civil Code Section 1717 and judicial decisions interpreting that statute.

5.5 Remedies Cumulative. No right, power, or remedy given by the terms of this Agreement is intended to be exclusive of any other right, power, or remedy; and each and every such right, power, or remedy shall be cumulative and in addition to every other right, power, or remedy given by the terms of any such instrument, or by any statute or otherwise.

5.6 Waiver of Terms and Conditions. The City may, in its sole discretion, waive in writing any of the terms and conditions of this Agreement. Waivers of any covenant, term, or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term, or condition.

5.7 Non-Liability of City Officials and Employees. No member, official, employee or agent of the City shall be personally liable to Owner or any occupant of any BMR Unit, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Owner or its successors, or on any obligations under the terms of this Agreement.

5.8 Cure Rights. Notwithstanding anything to the contrary contained herein, City hereby agrees that any cure of any default made or tendered by (i) Owner’s limited partner, or (ii) Owner’s senior mortgage lender, shall be deemed to be a cure by Owner and shall be accepted or rejected on the same basis as if made or tendered by Owner.

6. GENERAL PROVISIONS

6.1 Guidelines.This Agreement incorporates by reference the Guidelines as of the date of this Agreement and any applicable successor sections as the Guidelines may be amended from time to time. In the event of any conflict or ambiguity between this Agreement, the requirements of state and federal fair housing laws and the Guidelines, the terms and conditions of this Agreement and the requirements of state and federal fair housing laws shall control. 4921-7608-6906 v1

6.2 Time. Time is of the essence in this Agreement.

6.3 Notices. Unless otherwise indicated in this Agreement, any notice requirement set forth herein shall be deemed to be satisfied three days after mailing of the notice first-class United States certified mail, postage prepaid, or at the time of personal delivery, addressed to the appropriate party as follows:

Owner: 900 A Street, LLC
1101 5th Ave, Ste: 300
San Rafael, CA 94901
Attention: Tom Monahan
Email: [email protected]
City : City of San Rafael
1400 Fifth Avenue, Rm 203
San Rafael, California 94901
Attention: City Manager
With a Copy to: City of San Rafael
1400 Fifth Avenue, Rm 202
San Rafael, California 94901
Attention: City Attorney
Such addresses may be changed by notice to the other party given in the same manner as provided above.

6.4 Successors and Assigns. This Agreement constitutes a covenant and legal restriction on the Property and shall run with the land, provided the Project remains on the Property, and all of the terms, covenants and conditions of this Agreement shall be binding upon Owner and the permitted successors and assigns of Owner.

6.5 Intended Beneficiaries. The City is the intended beneficiary of this Agreement and shall have the sole and exclusive power to enforce this Agreement. It is intended that the City may enforce this Agreement in order to satisfy its obligations to improve, increase and preserve affordable housing within the City, as required by the Guidelines, and to provide that a certain percentage of new housing is made available at affordable housing cost to persons and families of very low, low and moderate incomes as required by the Guidelines. No other person or persons, other than the City and Owner and their assigns and successors, shall have any right of action hereon.

6.6 Partial Invalidity. If any provision of this Agreement shall be declared invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions hereof shall not in any way be affected or impaired.

6.7 Governing Law. This Agreement and other instruments given pursuant hereto shall be construed in accordance with and be governed by the laws of the State of California. Any references herein to particular statutes or regulations shall be deemed to refer to successor statutes 4921-7608-6906 v1
or regulations, or amendments thereto. The venue for any action shall be the County of Marin.

6.8 Amendment. This Agreement may not be changed orally, but only by agreement in writing signed by Owner and the City.

6.9 Approvals. Where an approval or submission is required under this Agreement, such approval or submission shall be valid for purposes of this Agreement only if made in writing.

Where this Agreement requires an approval or consent of the City, such approval shall not be unreasonably withheld and may be given on behalf of the City by the City Manager or his or her designee. The City Manager or the City’s Manager’s designee is hereby authorized to take such actions as may be necessary or appropriate to implement this Agreement, including without limitation the execution of such documents or agreements as may be contemplated by this Agreement, and amendments which do not substantially change the uses or restrictions hereunder, or substantially add to the costs of the City hereunder.

6.10 Indemnification. To the greatest extent permitted by law, Owner shall indemnify, defend (with counsel reasonably approved by City) and hold the City, its heirs, successors and assigns (the “Indemnitees”) harmless from and against any and all demands, losses, claims, costs and expenses, and any other liability whatsoever, including without limitation, reasonable accountants’ and attorneys’ fees, charges and expense (collectively, “Claims”) arising directly or indirectly, in whole or in part, as a result of or in connection with Owner’s construction, management, or operation of the Property and the Project or any failure to perform any obligation as and when required by this Agreement. Owner’s indemnification obligations under this Section

6.10 shall not extend to Claims to the extent resulting from the gross negligence or willful misconduct of Indemnitees. The provisions of this Section 6.10 shall survive the expiration or earlier termination of this Agreement, but only as to claims arising from events occurring during the Affordability Period.

6.11 Insurance Coverage. Throughout the Affordability Period, Owner shall comply with the insurance requirements set forth in Exhibit C, attached hereto and incorporated herein by this reference, and shall, at Owner’s expense, maintain in full force and effect insurance coverage as specified in Exhibit C.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year set forth above.

SIGNATURES ON FOLLOWING PAGE(S).
4921-7608-6906 v1
OWNER:
900 A Street, LLC, a California
limited liability company
By:

Tom Monahan, President
CITY:

CITY OF SAN RAFAEL, a California municipal
corporation
By:

Cristine Alilovich, City Manager
ATTEST:

By:

Lindsay Lara, City Clerk
List of Exhibits:

Exhibit A: Property Description
Exhibit B: Allocation of the BMR Units
Exhibit C: Insurance Requirements
4921-7608-6906 v1
Exhibit A
Property Description
4921-7608-6906 v1
Exhibit B
Allocation of BMR Units in the Project
Unit Type Assumed
Household Size*
Household Income Monthly Rent Number
of BMR
Units
OneBedroom2 persons Low Income (80%
AMI or less)
1/12 of 30% of 60% AMI
for a 2-person household
6 TwoBedroom3 persons Low Income (80%
AMI or less)
1/12 of 30% of 60% AMI
for a 3-person household
5 TOTAL 11
*Actual household size can exceed assumed household size, but the rental calculation will not change.
4921-7608-6906 v1
Exhibit C
Insurance Requirements
Prior to initiating work on the Project and continuing throughout the Affordability Period, Owner shall obtain and maintain the following policies of insurance and shall comply with all provisions set forth in this Exhibit.

1. General Requirements. Owner shall procure and maintain the following insurance providing coverage against claims for injuries to persons or damages to property that may arise from or in connection with the Project, construction, management, or operation of the Property by the Owner or the Owner’s agents, representatives, employees and contractors, or subcontractors, including the following:
(a) Commercial General Liability: The Owner and all contractors working on behalf of Owner on the Property shall maintain a commercial general liability policy in an occurrence policy for protection against all claims arising from injury to person or persons not in the employ of the Owner and against all claims resulting from damage to any property due to any act or omission of the Owner, its agents, or employees in the conduct or operation of the work or the execution of this Agreement. Such insurance shall include products and completed operations liability, blanket contractual liability, personal injury liability, and broad form property damage coverage. Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage.
(b) Commercial Automobile Liability: The Owner and all contractors working on behalf of Owner on the Property shall maintain insurance for protection against all claims arising from the use of vehicles, owned, hired, non-owned, or any other vehicle in connection with the Project, construction, operation or management of the Property. Such insurance shall cover the use of automobiles and trucks on and off the site of the Property. Coverage shall be at least as broad as Insurance Services Office covering Commercial Automobile Liability, any auto, owned, non-owned and hired auto.
(c) Workers' Compensation Insurance: The Owner (and the general partners thereof) shall furnish or cause to be furnished to City evidence satisfactory to City that Owner (and the general partners thereof), and any contractor with whom Owner has contracted for the performance of work on the Property or otherwise pursuant to this Agreement, shall maintain Workers' Compensation Insurance asrequired by the State of California and Employer’s Liability Insurance. (d) Builder’s Risk: Upon commencement of any construction work on the Property, Owner and all contractors working on behalf of Owner shall maintain a policy of builder's all-risk insurance in an amount not less than the full insurable cost of the Project on a replacement cost basis naming City as loss payee as its interests may appear.

Professional Liability/Errors and Omissions: Owner shall require any architects, engineers, and general contractors working on the Property to maintain Professional Liability/Errors and Omissions insurance with limits not less than Two Million Dollars ($2,000,000) each claim. Certificates evidencing this coverage must reference both the Owner and the Indemnitees. If the professional liability/errors and omissions insurance is written on a claims 4921-7608-6906 v1
made form: (i) the retroactive date must be shown and must be before the Effective Date, (ii) insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of Project construction, and (iii) if coverage is cancelled or non-renewed and not replaced with another claims made policy form with a retroactive date prior to the Effective Date, Owner must purchase, or require the provision of, extended period coverage for a minimum of three (3) years after completion of construction.
(e) Property: Owner shall maintain property insurance covering all risks of loss, including earthquake and flood (if required) for 100% of the replacement value of the Project with deductible, if any, in an amount acceptable to City, naming City as loss payee as its interests may appear.

2. Minimum Limits; Adjustments. Insurance shall be maintained with limits no less than the following:
(a) Commercial General Liability and Property Damage: $2,000,000 per occurrence and $5,000,000 annual aggregate for bodily injury, personal injury and property damage; provided however, with City’s advance written approval, subcontractors may maintain liability coverage with limits not less than $1,000,000 per occurrence, $2,000,000 annual aggregate. (b) Products and Completed Operations: $3,000,000 per occurrence/aggregate. (c) Commercial Automobile Liability: $2,000,000 combined single limit. (d) Employer’s Liability:

Bodily Injury by Accident - $1,000,000 each accident.

Bodily Injury by Disease - $1,000,000 policy limit.

Bodily Injury by Disease - $1,000,000 each employee.
(e) Professional Liability/Errors and Omissions: $2,000,000 per occurrence or claim.

If the policy provides coverage on a claims-made basis, the retroactive date must be shown and must be before the date of the Agreement or the beginning of the contract work.

Coverage limits, and if necessary, the terms and conditions of insurance, shall be reasonably adjusted from time to time (not less than every five (5) years after the Effective Date nor more than once in every three (3) year period) to address changes in circumstance, including, but not limited to, changes in inflation and the litigation climate in California. City shall give written notice to Owner of any such adjustments, and Owner shall provide City with amended or new insurance certificates or endorsements evidencing compliance with such adjustments within thirty (30) days following receipt of such notice.

3. Deductibles and Self-Insured Retention. Any deductibles or self-insured retention must be declared to, and approved by, the City. Payment of all deductibles and self-insured retentions will be the responsibility of Owner. If the City determines that such deductibles or retentions are unreasonably high, either the insurer shall reduce or eliminate such deductibles or self-insurance 4921-7608-6906 v1
retentions as respects the Indemnitees or Owner shall procure a bond guaranteeing payment of losses and related investigations, claims administration and defense.

4. Additional Requirements. The required general liability and automobile policies shall contain, or be endorsed to contain, the following provisions:
(a) The Indemnitees are to be covered as Additional Insureds as respects: liability arising out of activities performed by or on behalf of the Owner; products and completed operations of the Owner; premises owned, occupied or used by the Owner; or automobiles owned, leased, hired or borrowed by the Owner. The coverage shall contain no special limitations on the scope of protection afforded to the Indemnitees. Additional insured endorsements for the general liability coverage shall use Insurance Services Office (ISO) Form No. CG 20 09 11 85 or CG 20 10 11 85, or equivalent, including (if used together) CG 2010 10 01 and CG 2037 10 01; but shall not use the following forms: CG 20 10 10 93 or 03 94.
(b) All insurance shall be primary insurance as respects the Indemnitees. Any insurance or self-insurance maintained by the Indemnitees shall be excess of the Owner’s/contractor’s insurance and shall not contribute with it. (c) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Indemnitees. (d) The Owner’s insurance shall apply separately to each insured against whom claim is made or suit is brought except, with respect to the limits of the insurer’s liability. (e) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City.
(f) If any insurance policy or coverage required hereunder is canceled or reduced, Owner shall, within five (5) days after receipt of notice of such cancellation or reduction in coverage, but in no event later than the effective date of cancellation or reduction, file with City a certificate showing that the required insurance has been reinstated or provided through another insurance company or companies. Upon failure to so file such certificate, City may, without further notice and at its option, procure such insurance coverage at Owner’s expense, and Owner shall promptly reimburse City for such expense upon receipt of billing from City. (g) Owner agrees to waive subrogation rights for commercial general liability, automobile liability and worker’s compensation against Indemnitees regardless of the applicability of any insurance proceeds, and to require all contractors, subcontractors or others involved in any way with any construction on the Property to do likewise. Each insurance policy shall contain a waiver of subrogation for the benefit of City. If any required insurance is provided under a form of coverage that includes an annual aggregate limit or provides that claims investigation or legal defense costs are included in such annual aggregate limit, such annual aggregate limit shall be three times the applicable occurrence limits specified above. (h) It shall be a requirement under this Agreement that any available insurance 4921-7608-6906 v1
proceeds broader than or in excess of the specified minimum insurance coverage requirement and/or limits shall be available to the additional insured. Furthermore, the requirement for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. For all liability insurance required by this Agreement, Owner (and Owner’s contractors, as applicable) shall obtain endorsements that name the Indemnitees as additional insured in the full amount of all applicable policies, notwithstanding any lesser minimum limits specified in this Agreement. This Agreement requires Owner (and Owner’s contractors, as applicable) to obtain and provide for the benefit of the Indemnitees, additional insured coverage in the same amount of insurance carried by Owner (or Owner’s contractors, as applicable), but in no event less than the minimum amounts specified in this Agreement. In the event that Owner (or Owner’s contractors as applicable) obtains insurance policies that provide liability coverage in excess of the amounts specified in this Agreement, the actual limits provided by such policies shall be deemed to be the amounts required under this Agreement. Without limiting the foregoing, the limits of liability coverage specified in this Agreement are not intended, nor shall they operate, to limit City’s ability to recover amounts in excess of the minimum amounts specified in this Agreement. (i) The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

5. Acceptability of Insurers. Companies writing the insurance required hereunder shall be licensed to do business in the State of California. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII.

6. Verification of Coverage. Prior to the Effective Date of this Agreement, Owner shall furnish City with certificates of insurance in form acceptable to City evidencing the insurance coverage required under paragraphs (a), (b), (c), and (e) of Section 1 above, duly executed endorsements evidencing the Indemnitees’ status as additional insured, and all other endorsements and coverage required hereunder pertaining to such coverage. Prior to commencement of any construction work on the Property, Owner shall furnish City with certificates of insurance in form acceptable to City evidencing the insurance coverage required under paragraphs (d) and (g) of Section 1 above. Prior to City’s issuance of a final certificate of occupancy or equivalent for the Project, Owner shall furnish City with certificates of insurance in form acceptable to City evidencing the insurance coverage required under paragraph (f) of Section 1 above. Owner shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf.

7. Insurance Certificates and Endorsements. Owner shall submit to the City all of the necessary insurance documents, including the applicable amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of required Owner policies listing all required policy endorsements to the City. Insurance Certificates and Endorsements are to be received and approved by the City within the time periods specified in Section 6 above. Should Owner cease to 4921-7608-6906 v1
have insurance as required at any time, all work by Owner pursuant to this Agreement shall cease until insurance acceptable to the City is provided. Upon City’s request, Owner shall, within thirty (30) days of the request, provide or arrange for the insurer to provide to City, complete certified copies of all insurance policies required under this Agreement. City’s failure to make such request shall not constitute a waiver of the right to require delivery of the policies in the future.

Attachment 2
Project Plans, Approved by
Planning Commission, November
18, 2025
https://storage.googleapis.com/pro
udcity/sanrafaelca/2025/11/e5d7d5
dd-900-a-street-applicationmaterial.pdf
Attachment 3
Planning Commission Staff Report
- November 18, 2025
https://storage.googleapis.com/pro
udcity/sanrafaelca/2025/11/d55b48
b9-pc-staff-report-900-a-street.pdf
Attachment 4
CEQA Memorandum and Report,
Adopted by Planning Commission,
November 18, 2025
https://storage.googleapis.com/pro
udcity/sanrafaelca/2025/11/dfbfdd2
c-attachment-2-900-a-st.pdf

492.1 06419947.000
November 25, 2025
VIA E-MAIL, CERTIFIED U.S. MAIL, & HAND DELIVERY
[email protected]
[email protected]
City Clerk, Lindsay Lara
City of San Rafael
1400 Fifth Avenue, Room 209
San Rafael, CA 94901
Re: 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 serves as formal notice of appeal from the decision and actions taken by the San Rafael Planning Commission on November 18, 2025, including but not limited to the Conditions of Approval issued for the Property.

This appeal is timely submitted pursuant to the applicable provisions of the San Rafael Municipal Code.

The basis of this appeal includes, without limitation, the Owners’ objections to the Conditions of Approval, particularly Conditions 20 and 21, and the procedural and substantive concerns described in the Owners’ prior correspondence to the City dated November 13, 2025. A copy of that letter is attached for the City’s reference and incorporated herein as the grounds for appeal.

Please be advised that the required appeal fee payment is enclosed with the hard-copy version of this letter, which is being delivered to the City offices concurrently with this email submission.

We respectfully request that the City provide:

1. Confirmation of receipt of this appeal;

2. Information regarding the expected timeline for processing the appeal, including the anticipated hearing date and any additional procedural steps; and

3. Notice of any supplemental information or documentation the City may require from the Owners to proceed.
492.1 06419947.000
November 25, 2025

Page 2 ends

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.

Figure 1
Figure 2
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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.

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.

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.

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. 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.

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.

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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San Rafael City CouncilFebruary 17, 2026

San Rafael City Council
February 17, 2026