350 Merrydale Road Shelter Crisis and Acquisition Project
Summary
SCH Number
2025110784
Public Agency
City of San Rafael
Document Title
350 Merrydale Road Shelter Crisis and Acquisition Project
Document Type
NOE - Notice of Exemption
Received
Posted
11/19/2025
Document Description
The City has an opportunity to acquire a 2.5-acre property at 350 Merrydale Road /3833 Redwood Highway (Property) to serve as an interim shelter for up to 65 unhoused individuals on a temporary basis, followed by a permanent affordable housing development of up to 80 units. The project includes several actions, including 1) Declaring a “Shelter Crisis” in the City; 2) Adopting an Urgency Ordinance; 3) Adopting an Uncodified Ordinance; 4) Authorizing the City Manager to negotiate and execute a grant agreement with the County of Marin and affordable housing agreement; and 5) Authorizing the City Manager to negotiate and execute a purchase and sale agreement for real property located at 350 Merrydale Road.
Contact Information
Name
Kristina Estudillo
Agency Name
City of San Rafael
Job Title
Principal Planner
Contact Types
Lead/Public Agency / Project Applicant / Parties Undertaking Project
Phone
Location
Cities
San Rafael
Counties
Marin
Regions
Citywide
Zip
94903
Total Acres
2.5
Parcel #
179-041-27 & 179-041-28
State Highways
Highway 101
Notice of Exemption
Exempt Status
Categorical Exemption
Type, Section or Code
15378(b)(2),(4),(5); 15061(b)(3); 15269(c); 21065; 21080(b)(1) and 15268(b); 15183; Cal. Gov. Code Sec. 8698.4(a);15332
Reasons for Exemption
1. Shelter Crisis: The shelter crisis resolution does not constitute a project as defined in Public Resources Code Section 21065 because the resolution is simply a declaration that existing conditions meet certain state law criteria. (See also CEQA Guidelines sections 15378 (b)(2), (4), (5).) Further, even if adoption of the resolution did constitute a project, it would be exempt from further CEQA review pursuant to CEQA Guideline 15061(b)(3) because there is no possibility that the declaration of a shelter crisis may have a significant effect on the environment since it merely is finding that existing conditions meet certain criteria. Finally, adoption of the resolution is exempt pursuant to CEQA Guideline 15269(c) as necessary to mitigate an emergency situation caused by the affordable housing shortage.
2. Urgency Ordinance: Adoption of the Urgency Ordinance is not a project within the meaning of the California Environmental Quality Act (CEQA), as defined in Public Resources Code Section 21065 and Sections 15378(b)(2), (4), and (5) of the CEQA Guidelines. This Ordinance establishes administrative procedures and standards for the implementation of an existing state program authorized under Government Code Sections 8698 through 8698.4, which does not directly authorize or approve any specific development or physical change in the environment. Further, the adoption of this Ordinance is exempt from CEQA under Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the adoption of this Ordinance, or its implementation, will have a significant effect on the environment. Finally, adoption of this Ordinance is exempt pursuant to CEQA Guideline 15269(c) as necessary to mitigate an emergency situation caused by the affordable housing shortage.
3. Uncodified Ordinance: Adoption of the Uncodified Ordinance is not a project within the meaning of the California Environmental Quality Act (CEQA), as defined in Public Resources Code Section 21065 and Sections 15378(b)(2), (4), and (5) of the CEQA Guidelines. This Ordinance establishes administrative procedures and standards for the implementation of an existing state program authorized under Government Code Sections 8698 through 8698.4, which does not directly authorize or approve any specific development or physical change in the environment. Further, the adoption of this Ordinance is exempt from CEQA under Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the adoption of this Ordinance, or its implementation, will have a significant effect on the environment. Finally, adoption of this Ordinance is exempt pursuant to CEQA Guideline 15269(c) as necessary to mitigate an emergency situation caused by the affordable housing shortage.
4. Grant Agreement: Upon declaration of a shelter crisis, CEQA does not apply to financial assistance or an encumbrance of land owned by a local government for a homeless shelter. (Cal. Gov. Code Sec. 8694(a)(4).) Further, execution of the Grant Agreement and Affordable Housing Agreement is exempt from CEQA review pursuant to CEQA Guideline 15061(b)(3), because it can be seen with certainty that there is no possibility that their execution may have a significant effect on the environment. The underlying projects, a temporary homeless shelter or low barrier navigation center are both uses by right and therefore ministerial projects not subject to CEQA, pursuant to Public Resources Code section 21080(b)(1) and CEQA Guidelines section 15268(b). (See also Gov. Code Sec. 65660(b), 65662.) The proposed interim shelter and future affordable housing project are also exempt from CEQA pursuant to Public Resources Code sections 15183 (Community Plan Exemption) and 15332 (Class 32 Infill), as detailed in the attached CEQA memo. Finally, adoption of the Resolution is exempt pursuant to CEQA Guideline 15269(c) as necessary to mitigate an emergency situation caused by the affordable housing shortage.
5. Purchase and Sale Agreement: Upon declaration of a shelter crisis, CEQA does not apply to financial assistance or conveyance by a local government for a homeless shelter. (Cal. Gov. Code Sec. 8698.4(a)(4).) Further, the underlying projects, a temporary homeless shelter or low barrier navigation center, are both uses by right and therefore ministerial projects not subject to CEQA, pursuant to Public Resources Code section 21080(b)(1) and CEQA Guidelines section 15268(b) (see also Gov. Code sections 65660(b), 65662). The proposed future affordable housing project is also exempt from CEQA pursuant to Public Resources Code sections 15183 (Community Plan Exemption) and 15332 (Class 32 Infill). Approval of the brokerage agreement does not constitute a project pursuant to CEQA Guideline 15378(b)(4), and even if it did constitute a project, approval of the brokerage agreement is exempt from CEQA pursuant 15061(b)(3) under common sense that it can be seen that the brokerage agreement will not result in an impact to the environment. Finally, adoption of the resolution is exempt pursuant to CEQA Guideline 15269(c) as necessary to mitigate an emergency situation caused by the affordable housing shortage. The procurement of professional services by Newmark is exempt from competitive bidding pursuant to San Rafael Municipal Code Section 2.55.100.D and Newmark has demonstrated the competence and the necessary real estate license to render real estate brokerage services.
County Clerk
Marin
Attachments
Notice of Exemption
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