San Rafael resident appeals 162-apartment ‘mega project’

An 80-foot-tall, 162-apartment complex planned for downtown San Rafael has become the latest development enhanced by state housing laws to face an appeal in Marin.

Monahan Pacific, a San Rafael developer, wants to build the housing and retail project on a 0.88-acre lot at 1515 Fourth St. between E Street and Shaver Street. The project, which takes advantage of the state density bonus law and the Housing Accountability Act, earned the approval of the Planning Commission earlier this month.

“Development is clearly needed in the area and I welcome the addition of new neighbors and businesses,” resident Vikram Seshadri wrote in his appeal. “However, it deeply concerns me that the city has approved this mega project without truly giving any thought or concern to the safety and wellbeing of the Shaver and Latham neighborhood and its residents.”

Seshadri, who has been a vocal opponent of the project, submitted his appeal April 18. He wants city officials to pause the project, conduct a traffic study and implement new parking rules and traffic improvements before considering the proposal again.

The project has its share of critics who knocked the planned building for its size, shade and view impacts, as well as traffic and pedestrian safety implications. Opponents in general are concerned about a driveway being situated on Shaver Street because of the influx of new traffic on the narrow residential road.

This concern is a major thrust of Seshadri’s appeal, he said. He said if the analysis he is requesting is done and confirms the concerns of the public, he hopes the developer would rethink the plans and position the driveway on Fourth Street or E Street instead. He also would hope for traffic light and on-street parking improvements, he said.

Seshadri said he is one of the closest neighbors to the site and wants to “ensure this project successfully enhances the community without being a liability and danger to us and the city.”

An appeal hearing has been set for a special meeting of the City Council at 6:30 p.m. May 8. Meeting information will be posted at cityofsanrafael.org.

The discussion comes as developers are using state housing laws to seek a slew of waivers and concessions to build bigger housing projects with fast-tracked approval. The trend is drawing the attention of supporters and opponents of high-density, urban-style housing.

Residents in Mill Valley, and more recently in Larkspur, have appealed similar projects, albeit on a much smaller scale, that sought benefits through the new housing laws. In both cases, appellants argued the projects are the wrong fit because the designs are inconsistent with local ordinances and standards.

The appeal of a 25-home development on East Blithedale Avenue in Mill Valley was denied last month. A 20-condominium project called Magnolia Village in Larkspur prompted five separate appeals, flustering city officials. After an impassioned four-hour session last week, the Larkspur City Council continued the appeal hearing to Wednesday.

The San Rafael project would demolish a vacant bank to make way for the seven- and eight-story complex. The project would include a 8,900-square-foot commercial space, a gallery space, a reception area, club rooms, an outdoor pool and a courtyard on the ground floor. The project would provide a two-level garage with 179 parking spaces and a bicycle storage room. A lounge room and two roof decks are also part of the plan.

The residences would be one- or two-bedroom apartments. Out of the 162 apartments, 13 would be designated below-market rate, allowing for a 32.5% density bonus.

The project is subject to the city’s downtown precise plan, said Jeff Ballantine, a city planner. The planning document includes objective design standards, a set of criteria for the type of development city officials have indicated they want to see. It is a form-based code, so there is no cap on the number of residences that could be proposed per acre, similar to many jurisdictions, Ballantine said.

The state housing laws limit the authority city officials have in denying or conditioning modifications. The city staff is recommending the council deny the appeal and uphold the Planning Commission’s unanimous approval, Ballantine said.

While there are many critics, there are an equal amount of vocal supporters, including many from the business community who say the project will provide needed workforce housing and spur more economic vitality in the area.

Joanne Webster, chief executive officer and president of the San Rafael Chamber of Commerce, has been one the project’s biggest cheerleaders.

Webster said the city went through a “meticulous two-year planning and engagement process to shape the future of our downtown,” the outcome of which is the city’s downtown precise plan.

“This type of housing will be affordable to the missing middle; many of whom are our local workforce but forced to live elsewhere,” Webster said in an email. “The Chamber believes that Downtown needs to be reimagined post COVID and that includes more people living in the Downtown area.”

San Rafael Mayor Kate Colin said she’s looking forward to hearing what the appellant has to say.

“This is the first project to come to the city which is able to take advantage of new state laws for higher density and height bonuses,” Colin said.

“The state government recognizes the severe housing shortage in California, so these laws include significant restrictions on what the cities can require in an effort to have more housing units built,” Colin said. “We look forward to hearing from the community as we acknowledge and recognize these changes are not going away.”

Representatives of Monahan Pacific did not respond to a request for comment.