San Rafael commission approves 200-apartment high-rise

The San Rafael Planning Commission approved a 17-story, 200-apartment building this week after a reminder from the developer’s attorney that it had little choice.

“You’re really between a rock and state law,” the lawyer, Andrew Junius, told commissioners shortly before the vote Tuesday. “I think it’s going to be very hard for you to make any changes to this project.”

“We already know that, so we don’t need to be told,” commissioner Stewart Summers said.

Commissioner Jack Salvemini said, “Sometimes it feels like we rubber-stamp things because it fits within the state and city mandates. As a commission, all we can do is say yes. It doesn’t seem like I’m making choices for the residents of San Rafael. It feels like I’m making choices for developers from out of town.”

The project at 700 Irwin St. near the northbound Highway 101 offramp will be the city’s tallest building. State laws passed in recent years circumscribe the power of cities and counties to deny or even revise housing projects that contain some amount of affordable housing.

The developer, Irwin Street Partners LLC, has pledged to make 15 of the apartments affordable to very-low-income renters and another 15 affordable to moderate-income renters. Because of that, the company gets special treatment under state density bonus law and can include twice as many apartments as it would otherwise be entitled to.

In Marin, examples of very-low incomes include $77,400 a year for two-person households or $96,700 for four-person households. Examples of moderate incomes include $178,300 for two-person households or $222,850 for four-person households.

Irwin Street Partners also used the density bonus law to receive three concessions and eight waivers from the few objective standards the city would otherwise be allowed to enforce.

Scores of people commented during the three-hour commission meeting, with the overwhelming number urging the panel to reject the proposal. Most commented about the building’s height and the effect the project would have on traffic.

San Rafael resident Ken Dickinson said, “The project relies on three concessions and multiple waivers to raise height from 50 to roughly 180 feet, eliminate setbacks, cut bicycle parking from 271 to 60 spaces and approve a parking system the city says may exceed peak capacity and risk queuing onto Second Street.”

“Every time these people said the word ‘urban,’ my head exploded,” said Deborah Temple. “I don’t live in San Francisco. I left Manhattan 54 years ago. I don’t want to live in urban.”

Letters from the public to the commission were likewise overwhelmingly critical.

“Please do not approve a 17-story building in our town,” wrote Laura Kaplanis. “That will be an obscene eyesore as one enters beloved San Rafael.”

Marianne Vernacchia wrote, “I am dismayed that this would come to fruition given the crowding, bottlenecking and traffic congestion already in that area of town. Central San Rafael exit at 101 is a major exit/entrance artery onto 101 that is already suffering because of the number of people trying to access it.”

The project will have 226 parking spaces, including 221 accessed by an automated mechanical lift.

“These car lifts break down an inordinate amount of the time and will create numerous difficulties for the residents of this 17-story abomination,” Brian McCarthy wrote. “They’ll try to park on the street. They won’t want to use this machine that keeps their car unusable.”

According to a city staff report, the estimated processing time of the mechanical parking lift is 24 to 33 vehicles per hour.

“With 58 trips estimated during the PM peak hour, demand may exceed the lower estimate of processing capabilities,” the report states.

The city’s approval of the project included 124 conditions. One states that the project will “likely cause impacts on traffic” and the city “will likely need to address such impacts.”

Chris Collins, co-founder of Urban Pacific Development, said, “We are still vetting the capacity system, and there’s a possibility that we might add an additional elevator if that’s deemed necessary.”

Irwin Street Partners is controlled by two principals of Urban Pacific Development, a privately held firm in San Francisco that specializes in large urban projects. Its portfolio includes two apartment towers — one 50 stories, the other 60 — at the One Rincon Hill complex in San Francisco.

San Rafael has denied the developers’ request to remove two clauses from its agreement that guarantee the 30 affordable apartments will remain affordable for at least 55 years and not be sold as condos or rented out as short-term rentals, said city planner Christina Ratcliffe.

In a letter on Jan. 7, the developer stated that at least one of the clauses could make it impossible for it to obtain a construction loan. Junius did not respond Wednesday to a request for comment.

The project has the strong support of the San Rafael Chamber of Commerce, which had several representatives speak in its favor.

“This project represents exactly the kind of thoughtful, community-minded investment San Rafael needs if we’re going to maintain and remain a healthy, vibrant and economically stable city,” said Karen Strolia, the association’s chief executive officer.

Another proponent, Canal Alliance chief executive Omar Carrera, said, “What I appreciate most about this project is its commitment to transformation. For too long, concerns about traffic, height or parking have stalled progress.”

Others, however, expressed concern not just about this project but the total number of projects in the works in San Rafael and surrounding areas. Matt Guthrie asked what will happen if more and more developers take advantage of density bonus law to balloon the size of their projects.

“The totality of potential units,” Guthrie said, “would have a significant effect on fire, police, water, sewer, paramedic services, as well as the impacts on safe circulation on city streets.”

Commissioner Jon Haveman said, “We have or are about to approve 1,100 units in downtown San Rafael. That’s increasing San Rafael’s residence stock by about 13%.  And that’s all going to come online in the next five to 10 years.”

“We’re generating a traffic problem that is going to be a really big deal,” he said, “and is probably going to require equally draconian moves as we’ve seen with housing.”