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Home My WebLink AboutCC Resolution 14276 (General Plan 2040 Process Initiation)RESOLUTION NO. 14276 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL INITIATING THE SAN RAFAEL GENERAL PLAN 2040 PROCESS CITY FILE NOS: GPA16-001 & P16-013 WHEREAS, California Government Code Section 65300 requires that each county and city/town in the State adopt a comprehensive long-range General Plan to address community growth, physical development and planning of citywide programs; and WHEREAS, consistent with State law, on November 15, 2004, the City Council adopted San Rafael General Plan 2020 and certified the supportive Final Environmental Impact Report. The General Plan 2020 forecasts the City's direction through year 2020; and WHEREAS, since 2004, there have been numerous amendments to General Plan 2020 to address changing community issues and State mandates; and WHEREAS, as we are approaching year 2020, the City has determined that it is timely to initiate the process for preparing and adopting San Rafael General Plan 2040 (General Plan 2040). Further, there are numerous community issues and changes in the State laws that must be addressed, which provide optimum timing in initiating General Plan 2040; and WHEREAS, in January 2017, the Community Development Department prepared the City of San Rafael General Plan 2040 Summary Report & Preliminary Work Program (Preliminary Work Program). This Preliminary Work Program, which is on file with the Community Development Department, contains the following information and recommendations: • General expectations on format, scope and timing (2-3 year process). • Available budget for preparation and completion of the Plan. • Timely issues and key topic areas that need to be addressed in the Plan. • Recommendations for staffing and needed consultant services. Recommendations for a community-based planning approach that ensures maximum participation in the process by key community stakeholders. A "steering committee" of these stakeholders is recommended to lead the direction of plan preparation and outreach through adoption. Required procedures and recommendations to be followed during the General Plan 2040 process. WHEREAS, on February 6, 2017, the City Council reviewed the Preliminary Work Program at a public meeting and considered all oral and written public testimony and the written report of the Community Development Department; WHEREAS, on February 6, 2017, the Council recommended the inclusion of two changes to the draft work plan, including: • Increasing the number of the steering committee from 19 to 21, through the addition of one member from the Pt San Pedro Road Coalition and one member to represent Senior community; and • Modify the pre -requisites for appointment to the Steering Committee for business or advocacy groups to also allow for persons that are: 1) a principal in a business or non-profit (business owner, manager or board member) located in San Rafael or 2) a commercial property owner in San Rafael. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby accepts the Preliminary Work Program for General Plan 2040 subject to the following direction and recommendations: 1. The City Council confirms the general direction and scope of the Preliminary Work Program subject to the approval of a Final Work Program. The Final Work Program will be prepared in mid -2017 and will require the approval of the City Council. 2. The Community Development Department staff is directed to follow the General Plan Procedures set forth in City Council Resolution 8379, adopted April 15, 1991. These procedures include, among others, required notification to neighboring jurisdictions, utilities and services. The City Council supports the approach to develop a community-based General Plan and hereby recommends that a "General Plan Steering Committee" be formed comprised of the 21 key stakeholders listed in the Preliminary Work Program. The City Council directs that the Community Development Department staff proceed with a call for applications to serve on this Committee. The prerequisites for serving selection and service on the Committee are that: a) one must be a resident of San Rafael, except that for business or advocacy groups, the pre -requisite is broadened to include: 1) a principal in a business or non-profit (business owner, manager or board member) located in San Rafael or 2) commercial property owner in San Rafael. In addition, if representing a specific group or organization, a written endorsement is required. 4. The City Council directs staff to proceed with hiring a "Project Manager" to oversee all steps in the General Plan 2040 process including oversight, lead authorship, CEQA/environmental review management, and coordination of the Steering Committee, staff advisory team and technical consultants. The City Council confirms that during the General Plan 2040 process, the City will continue to accept, review and take action on planning applications including individual requests for General Plan Amendments. However, as the General Plan 2040 may result in changes in policies and map amendments that could directly affect planning applications in process, the City Council finds it is necessary to require property owners and applicants who wish to file and/or process planning applications during the update process to acknowledge this risk. During the General Plan 2040 process, property owners/applicants for all planning applications that are filed shall be required to sign the acknowledgment form, entitled "Notice to Applicants" and presented in Exhibit A of this resolution. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council on the 6th day of February 2017. AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough and Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk EXHIBIT A: NOTICE TO APPLICANTS (ACKNOWLEDGEMENT FORM) 2 EXHIBIT A NOTICE TO APPLICANT OF EXISTING CONDITIONS WITHIN SAN RAFAEL AFFECTING APPROVAL OF DEVELOPMENT PROJECTS Property owner/applicant or designated authorized representative does hereby acknowledge and understand that City Council Resolution No. 14276 adopted on February 6, 2017 states that the Council has directed applicants be advised as to the following. Property owner/applicant or designated authorized representative acknowledges being advised that the City of San Rafael is currently in the process of preparing for adoption of a new "General Plan 2040". At the time of initiating this application or continuing to process this application, neither the public hearings nor the formal adoption process for General Plan 2040 has been completed. Property owner/applicant or designated authorized representative acknowledges and understands that General Plan amendments may be adopted by City during the processing of this application, which may directly affect the proposed project and which potentially could result in a denial of this application or in Property owner/applicant's inability to construct the proposed development project. Date: Owner/Applicant or Designated Representative Witness 3 CITY OF SAN RAFAEL GENERAL PLAN 2040 SUMMARY REPORT & PRELIMINARY WORK PROGRAM City Case Nos. GPA16-001 & P16-013 January 20, 2017 Prepared by: Paul Jensen, Community Development Director & Raffi Boloyan, Planning Manager TABLE OF CONTENTS I. INTRODUCTION..........................................................................................................................2 A. General Plan Required by State Law................................................................................................. 2 B. History of San Rafael General Plans.................................................................................................. 3 II. INITIATING GENERAL PLAN 2040.................................................................................................5 III. GENERAL EXPECTATIONS............................................................................................................5 IV. GENERAL PLAN 2040 BUDGET.....................................................................................................5 V. TIMELY ISSUES & KEY TOPIC AREAS.............................................................................................7 A. Land Use............................................................................................................................................7 B. Housing............................................................................................................................................. 9 C. Neighborhoods................................................................................................................................10 D. Community Design..........................................................................................................................13 E. Economic Vitality............................................................................................................................14 F. Circulation.......................................................................................................................................14 G. Infrastructure..................................................................................................................................17 H. Governance.....................................................................................................................................17 I. Sustainability...................................................................................................................................17 J. Culture and Arts..............................................................................................................................19 K. Parks and Recreation......................................................................................................................19 L. Safety..............................................................................................................................................19 M. Noise............................................................................................................................................... 20 N. Open Space..................................................................................................................................... 20 O. Conservation................................................................................................................................... 21 P. Air and Water Quality.....................................................................................................................21 VI. COMMUNITY-BASED PLANNING — STEERING COMMITTEE.........................................................21 VII. SUPPORTIVE ADVISORY TEAM..................................................................................................22 VIII. APPROACH TO STAFFING & CONSULTANT SERVICES..................................................................23 IX. GENERAL PLAN AMENDMENT PROCESS.....................................................................................23 A. Required Procedures.......................................................................................................................23 B. Review of Individual Planning Applications....................................................................................24 X. PRELIMINARY WORK PROGRAM...............................................................................................24 XI. NEXT STEPS AND RECOMMENDATIONS.....................................................................................26 XII. APPENDICES.............................................................................................................................26 San Rafael General Plan 2040 Summary Report & Preliminary Work Program GPA16-001 & P16-013 I. INTRODUCTION A. General Plan Required by State Law California Government Code (Section 65300) requires that each county and city/town in the State adopt a comprehensive, long-term General Plan to address community growth and physical development. The General Plan must cover long-term planning for the lands within the corporate limits of the agency, as well as lands located outside these boundaries and within the service area of the agency. Per State law, a General Plan must contain the following seven, mandated elements: ➢ Land Use Element- addresses the general distribution of land uses, establishes land use designations with set densities and intensities, assigns land use designations to individual properties (Land Use Map), and identifies the projected growth forecast for community build- out. ➢ Circulation Element- addresses the general location of the existing transportation network (roads, thoroughfares, transportation routes), as well as proposed or long-term transportation improvements. The Circulation Element must correlate with the Land Use Element meaning the projected land use growth must be supported by a transportation network that supports this projected growth. ➢ Housing Element- addresses the agency's existing housing stock as well as the housing policies and needs. The Housing Element must address and comply with the "Regional Housing Need Allocation" (RHNA) that is assigned to the agency by the State Department of Housing and Community Development (HCD) via the regional planning agency (ABAG - Association of Bay Area Governments). The RHNA is the number of residential housing units the agency must zone for to accommodate new housing in a range of affordability levels. The RHNA is released in cycles (now in an eight year cycle) meaning that the Housing Element must be reviewed and updated in each cycle. Each cycle of the Housing Element update must follow specific procedures and requires certification by HCD. ➢ Conservation Element- addresses the protection, utilization and development of natural resources for both public and private lands. Natural resources include, but are not limited to waterways, wetlands, fisheries and forests. ➢ Open Space Element- addresses the protection, utilization and management of open space for both public and private lands. Open space is unimproved land that is devoted to, among others, the preservation of natural resources, management for agriculture and food production, utilization for outdoor recreation, and management for the protection of public health and safety (e.g., hazard zone). ➢ Noise Element- addresses general noise conditions in the community. A noise element is required to recognize the guidelines set forth by the State of California Office of Noise Control and Department of Health Services. Current and projected noise levels are required to be analyzed and quantified for the following sources: a) highways and freeways; b) primary arterials and major local streets; c) passenger and freight on-line road operations; d) commercial 2 San Rafael General Plan 2040 Summary Report & Preliminary Work Program GPA16-001 & P16-013 and private airports/heliports; e) light industrial plants; and f) other ground stationary noise sources that have been identified as contributing to the community noise level. ➢ Safety Element- addresses protection of the community from any unreasonable risks associated with seismically -induced events, slope instability, flooding and wildland fires. The safety element also addresses essential facilities and services to address, among others, emergency response time for first responders. Each element is required to contain: a) goals and policies to address community issues and interests; and b) programs to ensure that there is a means to achieve each of the goals and implement the policies. General Plans cover a time frame or forecast of 15-20 years. Other than the mandatory review cycle for the Housing Element, there is no mandate to update the other elements during the "life cycle" of the General Plan. However, Government Code Section 65400 requires that an annual report be prepared to address the status of the plan and progress in its implementation. The preparation, review and adoption of a General Plan is considered to be a "project" under the provisions of the California Environmental Quality Act (CEQA) and is subject to environmental review. Typically, an Environmental Impact Report (EIR) is prepared to assess the impacts of the General Plan, its policies and programs. The EIR is prepared at program -level analysis/review ("Program EIR"), allowing subsequent development and General Plan implementation to "tier" from this document for project - level analysis. B. History of San Rafael General Plans San Rafael has long history of community planning in the form of General Plans and "Community Master Plans." Early plans were prepared by City staff or a planning consultant with little community input included in their preparation. The early plans often became "shelf documents" because they were grand on vision, but weak on implementation. For example, the 1962 San Rafael General Plan envisioned that most of the San Rafael Bay would be filled for development and accessed by major shoreline freeway. However, the 1962 Plan presented little guidance or programs on how this vision could be achieved. Over the years, the General Plans prepared for San Rafael have continually progressed to become more comprehensive and detailed. In the 1980's there were major changes in the State laws governing the preparation and content of General Plans. For example, in 1984 a new law required planning for land use and circulation to be internally coordinated to ensure that land development was supported by an adequate transportation network. In 1986-87, the San Rafael General Plan 2000 was adopted by the City. General Plan 2000 set a new standard as it included detailed policies and specific programs for implementation. At that time, the major community issues were traffic, hillside development and protection of natural resources (primarily wetlands threatened by development). The San Rafael General Plan 2000 included the following: ✓ It was the first time that intensities and densities were set for land uses. ✓ The "Level of Service" (LOS) methodology was introduced as a means to analyzing and planning the transportation network. LOS standards were adopted to address quality of life. This Plan 3 San Rafael General Plan 2040 Summary Report & Preliminary Work Program GPA16-001 & P16-013 also introduced the "Priority Project Procedure" (later renamed the "Project Selection Process") which established a competition for allocating limited traffic capacity to land development projects. ✓ The Conservation Element introduced policies for wetland and creek protection, as well as minimum setback/buffer standards. A "Wetland Overlay" (-WO) District was adopted to implement the strict wetland protection policies. ✓ The Open Space Element introduced an "open space priorities list" of privately -held, undeveloped land earmarked for potential acquisition/protection. ✓ Strict hillside development policies and programs were adopted, which ultimately led to the"Hillside Overlay" (-HO) District. ✓ The introduction of the inclusionary housing policy. This housing policy required that a percentage of housing units in a market -rate residential development be set aside for below- market rate households. In 2004, San Rafael General Plan 2020 was adopted. Unlike the previous General Plans, the preparation of this Plan was community-based involving the guidance and authorship of a "Steering Committee" appointed by the City Council, as well as subcommittees, known as a "Task Force" to provide more detailed input on specific topic areas. As was the case with the San Rafael General Plan 2000, issues such as traffic and land development were in the forefront. Many of the strong conservation, circulation and housing goals and policies were carried over from the San Rafael General Plan 2000. However, there were new community issues and interests which resulted in the following: ✓ The Housing Element was amended to include a detailed housing site inventory to meet the City's Regional Housing Need Allocation (RHNA). ✓ A Neighborhood Element was introduced, which collapsed and incorporated all of the previously -prepared and adopted neighborhood plans into the General Plan. ✓ The Downtown Vision and Vision North San Rafael were incorporated into the Land Use Element and the new Neighborhood Element. ✓ A Governance Element was introduced to address and promote community outreach and involvement. ✓ An Economic Vitality Element was introduced to address local business growth and economy. Since 2004, the General Plan has been amended a few times. Assembly Bill 32 (AB32), the California Global Warming Solutions Act of 2006 established State legislation requiring a statewide reduction in greenhouse gas (GHG) emissions. In response to A1332, in 2009, the City approved the Climate Change Action Plan (CCAP). The CCAP includes a list of tasks and measures to reduce the community's GHG emissions by 2020 and 2040. In 2011, CCAP was folded into the General Plan 2020 in the form of a Sustainability Element. In addition, the Housing Element was updated on two occasions, consistent with State law, which requires the updating of the Housing Element every 8 years. 4 San Rafael General Plan 2040 Summary Report & Preliminary Work Program GPA16-001 & P16-013 II. INITIATING GENERAL PLAN 2040 Our current, General Plan 2020, has been in place since 2004. As we are approaching the year 2020, the current Plan is nearing the end of its useful life. In addition, new State laws and regulations coupled with changes to conditions in the community (such as the upcoming operation of SMART) make the update timely. The new General Plan, 2040, once updated and adopted, would guide the City for the next 20 years (2020-2040) The City has an established procedure for initiating and processing General Plan amendments and is outlined in City Council Resolution No. 8379 (adopted in 1991) and further discussed in Section IX below. III. GENERAL EXPECTATIONS General Plan 2020 was a fairly comprehensive update. There was significant public involvement for this comprehensive update and the update process took over five years to complete. Given that our City is generally built out with limited vacant land for development, this upcoming update process should not be as extensive as the General Plan 2020 effort. However, there will still be some topics as identifies below, that need to be considered to establish the City's vision for the next 20 years. Therefore staff does not anticipate the update of General Plan 2020 to be a start -from -scratch effort, but rather an update to address timely issues and changes in State laws Staff's expectation is that the update effort would take approximately -three years, to cover the following general milestones and tasks: • 2017 - Hiring of project manager, initiation and notification of upcoming General Plan update, further refinement of work plan by Project Manager and recruitment/appointment of steering committee members • 2018 — Review of current General Plan, identification of key topical issues, preparation of Background Report, public outreach and engagement, • Late 2018-2019 — Preparation of Draft Plan, Initiation of Environmental Review (EIR) • 2019 — Public outreach, Review of Draft Plan and EIR, Planning Commission and City Council review and input of Draft General Plan and EIR • Late 2019/early 2020 — Review of Final Draft General Plan and EIR by Planning Commission and City Council and adoption of Final Plan IV. GENERAL PLAN 2040 BUDGET In the mid 1990's, the City established two fees that were adopted as part of the City's Master Fee Schedule to collect fees to cover the City's costs to: 1) maintain and implement it's current General Plan; and 2) Periodically update a General Plan and comprehensively update the General Plan every 20 years. Both of these fees are collected as a surcharge on all building permits. The two different fees are described as follows: r, San Rafael General Plan 2040 Summary Report & Preliminary Work Program GPA16-001 & P16-013 1) The General Plan 2020 Implementation Fee is intended to cover the cost of implementation of programs identified in the City's General Plan 2020. This fee is a 0.259 surcharge on the building permit fee and is charged to every building permit. This fund (Fund No. 218-16-28103) has a current balance of $682,505. This fund currently has a few encumbrance; including: • $57,752/annually is set aside to cover 50% of the salary of one Assistant Planner. $100,000/annually is set aside for contractual assistance in long range planning tasks. With the elimination of the Long Range Planner position in the Department in 2012, this was used to augment any long ranges planning tasks. • $10,000/annually is set aside for training/travel/conference, professional dues and duplication. This fund is replenished at a rate commensurate to the building permit activity. Over the past three years, it has replenished by an average of $250,000/annually. This fund is not to be used for the update process, but will continue to grow and serve as a resource to cover implementation of policy or programs from the updated General Plan. 2) The General Plan Maintenance Fee is intended to cover the cost of both periodic updates of the City's General Plan and comprehensive updates to the plan every 20 or so years. This fee is a 0.96 surcharge on the building permit fee and is charged to every building permit. This fund (Fund No. 218-16-28102) has a current balance of $1,001,254. This fund currently has no encumbrances. The fund is replenished at a rate commensurate to the building permit activity. Over the past three years, it has replenished by approximately $105,000/annually. The concept of establishing these fees was that all private development activity within the City should pay for the City's costs to implement and update the General Plan, thus taking the burden of these costs off the general tax payer. The establishment of these fees in the mid 1990's helped pay for a portion of General Plan 2020 update. It did not cover all the costs, since the fee was only initiated in 1996, but it covered a portion of the total expenses. Since adoption of the General Plan 2020, fees have been collected and grown in the General Plan Update fund. This is a significant financial benefit to the City as the City should not have to reserve any of it's General Fund to help pay for this update to the General Plan (based on the draft scope). Any increase in scope may increase estimated costs and budget. The General Plan Maintenance Fund (#2 above) is the account that would be used for the upcoming General Plan update. As noted above, the fund has a balance of approximately $1 million and should be adequate to cover the costs of the upcoming update. All staff and contractual staffing costs, along with hard costs (printing, etc) associated with the update will be paid for from this account and not require funds from the General Fund (assuming there are no major changes to work program or litigation). 6 San Rafael General Plan 2040 Summary Report & Preliminary Work Program GPA16-001 & P16-013 Throughout the update process, there will be various contracts that are brought before the Council, such as contract to hire the project manager, environmental sub consultants, and other tasks for which the contracts will be paid for through this fund. V. TIMELY ISSUES & KEY TOPIC AREAS The City is at a crossroads on numerous community issues, which presents the optimum timing for the start-up of San Rafael General Plan 2040. The following is a list of the timely issues and key topic areas presented by chapter (element) of the General Plan 2020, which will require attention in scoping and preparing San Rafael General Plan 2040: A. Land Use Relationship to Plan Bav Area 2040 — As follow-up to AB32 (California Global Warming Solutions Act), in 2008, Senate Bill 375 (SB375), the Sustainable Communities Act, was passed and signed by the Governor. SB375 requires that each large region in the State adopt a "Sustainable Communities Strategy," a regional plan to reduce GHG emissions. For the Bay Area region, the Metropolitan Transportation Commission (MTC) and Association of Bay Area Government (ABAG) joined forces in preparing "Plan Bay Area." The premise of Plan Bay Area is to promote future growth concentrated in and around a sustainable transportation system in the inner, urban areas of the Bay Area. The concept is intended to reduce the need to continue growth to the undeveloped "greenfield" areas of the region. Plan Bay Area promotes the "Priority Development Area" (PDA) as one of the tools for achieving the concentrated growth. A PDA is a geographic area that is close to, along or within transit nodes that can be earmarked for growth, particularly housing growth. Downtown San Rafael was designated a PDA in 2008. Plan Bay Area was controversial and was ultimately adopted by MTC/ABAG in 2013. Historically, San Rafael has relied (in part) on the ABAG "Growth" Projections for forecasting housing and commercial growth for the General Plan. The ABAG Projections were published every four years. Plan Bay Area replaced the ABAG Projections process, which is why the City (like other local jurisdictions) has been attentive to reviewing and responding to the Plan Bay Area and its growth projections. An update of Plan Bay Area was initiated by MTC/ABAG in 2016. In October 2016, the City Council reviewed the Plan Bay Area 2040 Draft Preferred Scenario Projections. The Preferred Scenario projects an increase of employment in the San Rafael of 5,900 jobs (citywide inclusive of 1,100 jobs in the Downtown PDA) by 2040. Regarding households, the Preferred Scenario projects an increase in households in San Rafael by 3,400 (citywide inclusive of 1,100 households in the Downtown PDA). The City submitted formal comments to MTC/ABAG on the Preferred Scenario noting that the household projections are reasonable and acceptable but the employment projections are too ambitious for a built -out community. There are some benefits to our General Plan being in accord with Plan Bay Area. For example, the Plan Bay Area 2040 EIR includes a detailed analysis of Bay Area air quality for which the City San Rafael General Plan 2040 Summary Report & Preliminary Work Program GPA16-001 & P16-013 can use and "tier" from in analyzing individual development projects. Further, if our General Plan is in accord with Plan Bay Area, there are increased opportunities for transportation funds. Therefore, it will be critical to continually monitor the Plan Bay Area 2040 update as the City embarks on the General Plan 2040 process. Planning Area Boundaries. The San Rafael Planning Area boundary was last adjusted in 2006 when the City decided to detach the unincorporated Silveira/St. Vincent's lands in North San Rafael from the City's Planning Area (Urban Service Area and Sphere of Influence). The Planning Area boundary for the General Plan 2040 is not expected to change. However, although the City is built -out, there are some unincorporated areas within the Planning Area that will require review and attention. One area that will require attention is the San Rafael Rock Quarry/McNear Brickworks (lands south of McNear's Beach), which is an active quarry. The current City and County of Marin policies state that this area remain under the County's jurisdiction through the life of the quarry operation. The potential for and timing of annexation of these lands to the City will depend upon the remaining forecast life of the quarry operation. Regarding other developed unincorporated areas such as Country Club, Bayside Acres, California Park and Los Ranchitos and Marinwood,the current policy (Policy LU -6, Annexation) supports annexation but such action is dependent upon resident interest. Update Land Use Inventorv. Traditionally, a General Plan includes a land use inventory, which provides a snapshot of existing community uses. This land use inventory is usually included in the General Plan Background Report, which is one of several supportive documents that are used to prepare the General Plan and supportive EIR. In the past, preparing a land use inventory was a tedious task as it involved many hours of field checking and mapping. For the last land use inventory, interns were used to complete field checking. Since 2004, technology has changed making it easier to prepare a land use inventory. With tools such as Marin Maps and the City's GIS Program, the mapping is more streamlined and accurate, which will also reduce the time for field checking. While there has not been a significant change in land uses since 2004, the inventory should be updated. 4. Revisit Densitv/Intensity and Building Height Limits. The Land Use Element includes very specific policies setting forth limits for residential densities, non-residential floor area ratio limits, and building heights. The current limits were carefully vetted through the General Plan 2020 process, particularly by incorporating the recommendations of the Downtown Vision. Since 2004, there have been no major changes to the current General Plan policies and provisions related to density/intensity and building height limits. Some taller buildings have been approved and developed for Downtown (e.g., BioMarin @ San Rafael Corporate Center), but to date, this development has complied with the current policy limits. At first blush, there may not be a need to make major changes to these policies. However, in moving forward, the following should be considered: g San Rafael General Plan 2040 Summary Report & Preliminary Work Program GPA16-001 & P16-013 a. State of California Government Section 65583.2 (California Housing Element Law) mandates a minimum residential zoning density for high density housing. The minimum required density is based on the Bay Area Metropolitan Statistical Area (MSA) category for the specific area. In 2014, Marin County was re -designated from the "Metropolitan" to "Suburban," changing the minimum required zoning density from 30 dwelling units per acre to 20 dwelling units per acre, respectively. However, this designation for Marin County will "sunset" in 2023. During the last Housing Element update in 2014, the City determined that the zoning density of 30 dwelling units per acre would be maintained as there are a number of neighborhoods in San Rafael that are developed at densities exceeding 20 dwelling units per acre. b. Downtown San Rafael is growing and at present, there are fifteen development projects that are under construction, approved, under review or are in the pipeline. These projects are presented on the Downtown "watch" list (see Appendices). Two of the planned projects propose to exceed the building height limits, including the current height bonus provisions, of the General Plan 2020 and will require a request to amend the General Plan (BioMarin Office/Lab @ 999 3rd Street and housing development at 703-723 3rd Street). As Downtown is a Priority Development Area (PDA), policies related to density/intensity and building height will require a lot of attention during the General Plan 2040 process. A more expanded discussion of Downtown San Rafael is presented under Section C, Neighborhoods (below). Land Use Map Changes- Land use map changes will correspond to any land use designation changes that are recommended for General Plan 2040. The land use map changes will need to include miscellaneous changes such as the Greenwood Avenue lots (Oakwood Subdivision) recently offered to and accepted by the City for permanent open space. At present, these lots are designated for Low Density Residential use, which will need to be changed to the Parks/Open Space designation. B. Housing As mentioned above, the Housing Element is the only mandatory element of the General Plan that is required to be periodically reviewed and updated. The current Housing Element was updated and adopted in early 2015 to comply with the 2015-2023 RHNA cycle. The next mandatory update will occur in 2022-2023. Therefore, it is not anticipated that major changes would be warranted to this element through the General Plan 2040 process. Nonetheless, the following topic areas are current and critical to housing, which should be addressed in the General Plan 2040: Homelessness. The Housing Element contains a number of goals, policies and programs that directly or indirectly address the issue of homelessness in San Rafael. During the recent review of the General Plan 2020 10 -year Status Report, some changes to the Housing Element were made to reinforce policies related to homelessness. Short-term and long-term planning for homelessness is critical and necessary. For example, there is a desire to centralize homeless services into a single, multi -service campus. Efforts are underway to identify and study sites 9 San Rafael General Plan 2040 Summary Report & Preliminary Work Program GPA16-001 & P16-013 outside of the Downtown area. As the challenges with homelessness go beyond housing, a separate General Plan element (chapter) covering this topic may be something to consider. Inclusionary Housing Requirements. Our inclusionary housing policies were initially adopted in the San Rafael General Plan 2000. These policies led to the adoption zoning ordinance provisions (SRMC Section 14.16.030, Affordable Housing Requirements). Over the years, the City has done a good job at requiring below -market -rate (BMR) units in market rate development projects. Overall, hundreds of below -market -rate for sale and rental units have been created, which are dispersed throughout the community. The inclusionary housing approach has been successful and it should continue. In recent years, there have been some legal challenges to requiring inclusionary housing at it relates to BMR rental units. Case law such as Palmer v. the City of Los Angeles has stifled the local jurisdictions ability to require BMR units on residential rental projects. So, in reviewing and processing rental projects, the City has relied on utilizing the State Density Bonus Law and the City's density bonus provisions (SRMC Section 14.16.030) to yield new BMR rental units in market rate projects. We are able to re -capture our BMR inclusionary rental requirement if it is demonstrated that there is a need in the community. Housing Element Program H -18a recommends the preparation of an inclusionary housing nexus study, which, in part would demonstrate this need. The City staff has received a services proposal for this study (which includes an update of the commercial linkage fee) by a reputable economist and the cost can be covered by the General Plan Implementation Fund. However, we have not proceeded with this study for several reasons. First, depending upon the status of case law, the study may no longer be necessary. Second, our adopted density bonus provisions are now over 10 years old and should be reviewed to ensure compliance with the State Density Bonus Law. To address these issues, staff has commissioned the legal services of Colantuono, Highsmith & Whatley, a law firm that has extensive experience in State Density Bonus Law and inclusionary housing. We expect to obtain advice and a response from this law firm by early spring 2017. C. Neighborhoods The Neighborhood Element was added with the 2004 adoption of the San Rafael General Plan 2020. As noted above, prior to 2004, the City adopted a number or individual neighborhood plans, which were ultimately collapsed and incorporated into the current Neighborhood Element. Since 2004, planning studies were prepared for Downtown and the Civic Center/Northgate neighborhoods, specifically the San Rafael Downtown Station Area Plan (2012) and the Civic Center Station Area Plan (2012, amended 2013). Both plans are "vision" documents, meaning that they include a "to do" list of recommended follow-up and implementation but they did not result in any changes to the San Rafael General Plan 2020 or zoning. Both plans had been commissioned when the two areas were designated as "Priority Development Areas" (PDA). In 2013, the City Council rescinded the PDA status for the Civic Center/Northgate area. Current Neighborhood Element Program NH -1a acknowledges community interest in developing neighborhood plans for the Gerstle Park, Bret Harte, Canal, Lincoln Ave/San Rafael Hill and Santa Margarita/Terra Linda neighborhoods. 10 San Rafael General Plan 2040 Summary Report & Preliminary Work Program GPA16-001 & P16-013 At present, staff envisions no major changes to the Neighborhood Element. However, a more focused review of the Civic Center/Northgate, Downtown and Canal neighborhoods should be considered for the following reasons: 1. Civic Center/Northgate Area. The Civic Center Station Area Plan includes a number of good recommendations for land use, urban design, pedestrian/bicycle/vehicle circulation, which were vetted and confirmed through a public process (2012 and again in 2013). Subject to further review as part of the General Plan 2040 process, the recommendations of the Civic Center Station Area Plan can be incorporated into the Neighborhood Element and other Plan elements. The Civic Center/Northgate Area is part of the Gallinas Creek Watershed. The Marin County Department of Public Works oversees the Marin County Watershed Program, which includes planning efforts for the Gallinas Creek Watershed, such as a restoration study of the Gallinas Creek west of US101. This effort should be acknowledged and incorporated into the Neighborhood Element policies and programs for the Civic Center/Northgate Area. 2. Downtown Area. Downtown San Rafael is at a crossroads, which warrants special planning attention. In addition to the extent of Downtown development that is approved, in -process or in the early planning stages, the following activities and efforts are in process: a. The first phase of the SMART service — Initial Operating Segment - is expected to commence in 2017. Plans are underway to extend SMART to Larkspur Landing (Phase 2). b. The Bettini Transit Center Relocation Plan is underway. This relocation plan was initiated as a result of the SMART extension to Larkspur Landing, which dramatically impacts the current transit center site. This relocation plan is a multi -agency effort. The site that is selected for permanent relocation could have a significant impact on the Downtown street network and circulation. c. The Draft Downtown Parking & Wayfinding Study has been completed. The study is comprehensive and covers a broad range of parking -related issues. The study includes: recommendations for parking and pedestrian/bicycle circulation around SMART; suggested zoning and development standard changes based on a parking demand study; and recommendations to improve the pedestrian network and signage for Downtown. d. As discussed above, Downtown San Rafael is growing and at present, there are fifteen development projects that are under construction, approved, under review or are in the pipeline (see Downtown "watch" list in Appendices). Also as noted, two of the proposed projects propose to exceed the current General Plan 2020 height limits. e. The street network (intersections and arterials) is operating close to or at capacity during the peak hours. A comprehensive update of traffic counts and modeling is critical but has not been pursued because of the uncertainty of SMART impacts on the street network. f. The City has initiated an update of the Bicycle and Pedestrian Master Plan (last updated in 2011). This Master Plan includes planning for a number of major bikeways and pedestrian 11 San Rafael General Plan 2040 Summary Report & Preliminary Work Program GPA16-001 & P16-013 circulation in Downtown. This effort dovetails with some of the elements of the Draft Downtown Parking & Wayfinding Study and planning for SMART. g. Recent changes to the California Environmental Quality Act (CEQA) have streamlined environmental review for infill projects close to transit (SB 743). These changes include shifting from a CEQA review of traffic/circulation from a level of service (LOS) methodology to a vehicle miles traveled (VMT) methodology that analyze more regional based impacts (discussed below under Circulation). The General Plan still utilizes LOS as the methodology of review, so the City will be need to decide if we should review future projects utilizing two separate methodologies or shift entirely to VMT. All of the above is cause to consider a more specific review and planning of Downtown as part of the General Plan 2040. A Downtown Specific Plan embedded in the General Plan 2040 may be an appropriate tool to consider as we move forward. 3. Canal Area. The Neighborhood Element acknowledges the "Canal Neighborhood" as encompassing the: San Rafael Canal/Creek; Core Canal area; Francisco Boulevard East commercial area; Spinnaker Point and Bay Point Lagoon residential communities; and the Southeast San Rafael light industrial area east of the 1-580 corridor. This neighborhood is the most diverse in terms of land use and has a number of planning challenges. The following are some facts to consider: a. In 2006, the City in partnership with the Transportation Authority of Marin adopted the Canal Neighborhood Community Based Transportation Plan. This plan includes 13 "transportation solutions" to address the transportation gaps identified by the Core Canal community. Nearly all of the solutions have been implemented. In mid -2017, lifeline grant funds are expected to become available for community-based transportation planning. An update to the 2006 Canal Neighborhood Community Based Plan might be timely if grant funding is available concurrent with the preparation of General Plan 2040. b. In 2009, the City prepared and adopted the San Rafael Canalfront Conceptual Design Plan and Design Guidelines. This Design Plan focuses on recommendations to improve access to the San Rafael Canal and to accommodate the implementation of the San Francisco Bay Trail. Implementation of this plan will be extremely challenging. For example, the expansion of the San Rafael Bay Trail through is area will require the wholesale removal of on -street parking along several streets (parking discussed under c, below). c. At present, one of the greatest challenges in the Core Canal residential area is the lack of on - street and off-street parking. Recently, the City has commissioned W -Trans, transportation engineers to complete a parking study. The study will assess parking usage and demand, and will present suggested opportunities for improving the parking condition. The results and recommendations of this study may be appropriate for programming in the Canal Neighborhood discussion. d. Several years ago, Sutter Health purchased an assemblage of parcels in Marin Square and surrounding Gary Place. To date, there has been no formalized redevelopment plan 12 San Rafael General Plan 2040 Summary Report & Preliminary Work Program GPA16-001 & P16-013 proposed for this area. Attention to reuse and redevelopment will be timely in reviewing this area as part of the General Plan 2040. e. The Core Canal Neighborhood has the highest concentration of lower-income and immigrant households in Marin County. Input from this underrepresented community is necessary to social equity and neighborhood issues. f. The Canal Waterfront is a community asset that is sometimes overlooked. Maintenance dredging of the San Rafael Canal is necessary in order to ensure that it is maintained as a navigable waterway. Neighborhood Element Policy NH -79 recommends developing a plan for long-range maintenance of the San Rafael Canal. g. The Bellam Boulevard corridor has always experienced heavy peak hour traffic. "The Loop" through Kerner Boulevard improved traffic but overtime, traffic levels during peak hour have reached capacity. h. The greater Canal Neighborhood presents the largest area in the City that is vulnerable to rise in sea level. For the above reasons, the Canal Neighborhood warrants an expanded discussion in the Neighborhood Element. Please note that some of the above items carry over into other elements of the General Plan (e.g., sea level rise, traffic). 4. "Canalways" Propertv. The "Canalways" property consists of 85 acres of diked bay lands located in the Southeast San Rafael area. This property is the last large, privately -owned, undeveloped land within the City limits. The site is bound to the east by the San Rafael Bay and by residential, light industrial and commercial development to the north, west and south, respectively. The property contains some area of upland, but much of the site is low-level, diked bay lands. The last detailed site study of the property was done over 30 years ago. At that time, much of the site was mapped as jurisdictional (seasonal) wetlands by the US Army Corps of Engineers, and was home for several special -status species. However, the site conditions have likely changed over the past 30 years. The current property owner has expressed an interest in pursuing development of this property. Staff has urged the property owner to update the site studies and participate in the General Plan 2040 process. A Community Design The Community Design Element addresses the physical form of the natural environment and the built form of the City. This element acknowledges that the major features that give San Rafael its visual character, which include the hills and valleys, the Bay, creeks and the San Rafael Canal and the diverse neighborhoods. Policies in this element encourage the recognition and protection of neighborhoods when reviewing new development to ensure compatibility with the existing environment. Current Community Design Policies C-10, C-11 and C-13 recommend that design guidelines be developed for non-residential, multiple -family residential and single-family residential development, respectively. Concurrent with the 2004 adoption of the General Plan 2040, the City adopted the San Rafael Design Guidelines (Resolution 11667). The design guidelines are used in reviewing individual development projects. While these guidelines have been useful, they need to be overhauled and updated. 13 San Rafael General Plan 2040 Summary Report & Preliminary Work Program GPA16-001 & P16-013 E. Economic Vitality Introduced with the 2004 adoption of General Plan 2020, the Economic Vitality Element focuses on protecting and promoting local businesses and their value to the local economy. San Rafael is the business center for Marin County. Marin County has over 10,000 businesses and approximately one-half of these businesses are based in San Rafael. This element also acknowledges the rise in high technology businesses, as well as home-based businesses. Since 2004, there have been some substantial changes, which impact economic vitality in San Rafael. Therefore, there is cause to revisit this Plan element. First, the resolution of the San Rafael Redevelopment Agency has shifted business promotion to a new Economic Development Department. The State resources offered to and through a redevelopment agency are no longer available to assist business start-ups. Second, technology continues to grow, which has resulted in a shift in the type of new employment drawn to the City (e.g., BioMarin in Downtown). Lastly, there is a need to be more sustainable, which would support: a) workforce housing; and b) retaining the existing service and trades businesses that that have limited location options in Marin (e.g., Northgate Business Park, East San Rafael and Woodland Avenue business areas). F. Circulation Aside from the Land Use Element, the Circulation Element is arguably the most critical element in the General Plan. Careful planning of the circulation system is necessary to accommodate planned growth and change, while maintaining quality of life. While this element largely addresses vehicle circulation, the goals, policies and programs address mobility for all users. Since the 2004 adoption of General Plan 2020, there have been some major changes in State laws which shift the focus of transportation planning on sustainability in order to reduce regional commute travel and promote alternative modes of travel (Senate Bill 743). In addition, there have been changes at the regional level which effect local planning and funding of transportation improvements (Plan Bay Area). Lastly, at the local level, the SMART commuter train is coming, which will impact the local street network. For these reasons, the Circulation Element will require a detailed review and will likely be subject substantial revisions for General Plan 2040. The following will need to be considered in this effort: 1. Senate Bill 743- CEQA Changes from "LOS" to "VMT." In 2015, major changes to the California Environmental Quality Act (CEQA) were passed through S13743. These changes are intended to streamline the CEQA process, primarily for infill projects near major transit. The most substantial change to the CEQA Guidelines is how transportation/circulation is to be analyzed for environmental review. For the past 30-40 years, local agencies have assessed transportation and circulation impacts to local intersections and arterials using the "Level of Service" (LOS) methodology. Simply described, LOS measures delay (in time) at a signalized intersection or along an arterial segment. Common mitigation to maintain set LOS standards include, among others, street widening to accommodate additional travel lanes, signalization, and signalization timing, which are all focused on facilitating the movement of motorized vehicles. Like most other California cities/towns, San Rafael has relied on the use of LOS to assist in managing land use and circulation. Further, the public has come to know and rely on this method of traffic review as a means to maintain quality of life. 14 San Rafael General Plan 2040 Summary Report & Preliminary Work Program GPA16-001 & P16-013 The change in the CEQA Guidelines requires that the LOS methodology be replaced with a "Vehicle Miles Traveled" (VMT) methodology. The VMT methodology shifts the review of traffic and circulation from assessing local intersection and arterial impacts to assessing the number of miles traveled by motor vehicles that are generated by or attracted to a project (origin and destination). The VMT methodology also captures trip length so can it account for regional location. Simply said, the longer the trip length from origin to destination, the greater the impact. This methodology is not new; it is a tool used in assessing air quality impacts. In fact, one of the prime reasons VMT is recommended for assessing transportation and circulation is that it indirectly promotes the reduction of GHG emissions. By using VMT, projects generating the shortest trip length result in lower traffic impacts and lower GHG emissions. Therefore, infill projects close to transit with access to a pedestrian and bicycle network would have a lower traffic impact than a suburban subdivision. To comply with the S13743, local agencies will be required to transition to using VMT for environmental review by 2019. Therefore, the current timing to initiate General Plan 2040 is critical. A VMT model will need to be developed, which will require the services of a transportation consultant. It should be noted that SB743 does not preclude a local agency from continuing to use the LOS methodology for local planning purposes. Therefore, the City can continue to plan for coordinating land use and circulation as we have for the past 30 years utilizing the LOS tool. However, with this change, the use of LOS for individual development projects would no longer be a required element of a CEQA/environmental document. Rather, an LOS analysis would be a part of the development project merits review to determine consistency with the General Plan. The current LOS tool is important in tracking the planned transportation improvements that are listed in the Circulation Element. These planned improvements support the Citywide traffic mitigation fees that are charged to new development projects. Some larger cities (e.g., San Francisco) have completely eliminated using LOS as a method for assessing individual development projects. However, at this time, staff believes that the LOS analysis process should continue in San Rafael. Earlier this year, TAM commissioned Fehr & Peers, transportation consultants to complete a summary report on SB743 and the types of modeling that are available to quantify VMT. As VMT addresses traffic origin and destination that is more regionally driven, the Fehr & Peers report was intended to educate and assist the Marin cities/towns on this approach. Right now, there are several VMT models that are available for us to use including a statewide model and a regional model developed by the Metropolitan Transportation Commission (MTC) that is more locally calibrated. However, these off-the-shelf models may not be suitable for San Rafael or Marin County because of our conditions (e.g., single freeway corrido access, limited public transit, and workforce import from other counties). There has been discussion among the Marin cities/towns staff to develop a Marin VMT model that would be shared by all local agencies. A Marin VMT model would provide consistency in review but would allow for individual customization by each city/town. Over the coming months, discussions with TAM and Fehr & Peers will continue on pursuing this approach. 15 San Rafael General Plan 2040 Summary Report & Preliminary Work Program GPA16-001 & P16-013 2. Countvwide Conizestion Manaizement Plan (CMP). The Transportation Authority of Marin (TAM) is in the process of updating its CMP counts and modeling. The CMP covers the monitoring and management of freeway and major arterial segments that are of countywide significance. In San Rafael, the CMP segments include US101, I-580, and Second and Third Streets from US101 westward to the West End neighborhood. The traffic counts were completed in fall 2016. The confirmed counts, as well as an origin and destination study and a monitoring report are expected to be completed by TAM in spring 2017. It is projected that the updated CMP will be completed in late 2017. Ultimately, the updated CMP will need to be addressed in the General Plan 2040 and supportive EIR. SMART. The first phase of SMART— Initial Operating Segment - is expected to be in operation in early- to mid -2017. This first phase runs commuter service from Santa Rosa to Downtown San Rafael. There has been some "Day One" planning by the City to prepare for SMART. Nonetheless, the actual impacts the rail operations will have on Downtown street intersection operations are unknown. Sometime back, the Public Works Director recommended that prior to proceeding with major updates to our traffic counts Funding has been secured for the second phase of SMART, which is to extend the rail service to Larkspur Landing. This second phase has the following planning challenges and hurdles, which are currently being considered and studied: a. The Bettini Transit Center Relocation Plan (discussed above in Section C, Neighborhoods) is a major, multi -agency study that is underway. b. In 2016, the City approved proceeding with applications to the California Public Utilities Commission (CPUC) for approval of an at -grade SMART rail crossing on Andersen Drive. The CPUC process is lengthy and if the at -grade crossing is not approved, other alternatives will need to be considered and pursued by the City. Several of the alternatives that have been studied could have operational impacts to intersections and street segments in the Southeast San Rafael area. c. As part of the second phase planning for SMART, a "flip" of the alignment of Francisco Boulevard West and the SMART rail right-of-way is being studied to reduce the number of at -grade crossings. This study will have some operational impacts to the local street work in this area. The SMART project includes many significant pieces of bicycle and pedestrian pathways along the corridor (multi -use paths). This piece of the network will enhance access to the SMART stations and provide a huge amenity to cyclists and pedestrians in the North Bay. There are three "gaps" in San Rafael's multi -use pathway system which require cyclists to use Class II or Class III facilities for portions of their trip. The City is working with SMART and the County of Marin to study the issue so that a North/South pathway (including the segment between 2nd Street and Andersen Drive. 4. Update of Bicvcle & Pedestrian Master Plan. The City through the Department of Public Works has separately initiated an update of the Bicycle and Pedestrian Master Plan (last updated in 2011). This Master Plan includes planning for a number of major bikeways and pedestrian 16 San Rafael General Plan 2040 Summary Report & Preliminary Work Program GPA16-001 & P16-013 circulation throughout the City's Planning Area. This update effort is led by the Bicycle & Pedestrian Advisory Committee (BPAC). G. Infrastructure The Infrastructure Element addresses the planning, provisions and maintenance of public buildings, landscaping, roads, drainage, telecommunications, water and power systems and other facilities in the City of San Rafael. This element is critical to: 1) the planning and budgeting of capital improvements; 2) budgeting and prioritizing the maintenance of public facilities; and c) ensuring that there are adequate services to accommodate the growth projected in the General Plan (e.g., water supply, sewer capacity). This element will require careful review and update. Infrastructure Element Policy 1-8 recommends that a street tree planting and maintenance program be developed. Street trees are valued for reducing thermal gain, improving air quality and defining neighborhoods. In 2008, the City Council appointed a Tree Advisory Committee. This Committee worked to complete a Final Report and Recommendations, which was submitted to the City Council in 2010. The Final Report presents recommendations in two steps: recommendations that can be implemented in the short-term with current resources; and recommendations that require additional time, personnel and fund resources. This Final Report and Recommendations will need to be addressed in the update of the Infrastructure Element. See Section I (Sustainability) below regarding a street and park tree inventory. H. Governance As is the case with the Neighborhoods and Economic Vitality Elements, the Governance Element was introduced with the adoption of General Plan 2020. Essentially, this element is intended to facilitate and promote community-based local government that includes public participation, education and diversity. Since 2004, some of the recommended programs in this element have been implemented bust some have not due to adjustments in City resources. Further, the tools used for community outreach have changed since 2004, which is cause to review and update this element. I, Sustainability As noted above, the Sustainability Element was added to General Plan 2020 in 2011. Included in this action was the adoption of a quantitative GHG Emissions Reduction Strategy, which was certified by the Bay Area Air Quality Management District. The Sustainability Element is the guiding strategy to actively adapt to ongoing changes to the community and environment. With the exception of a handful of policies and programs in the Conservation Element (addressing energy and water conservation and recycling), nearly all of the sustainability topics covered in the 2009 CCAP are contained in the Sustainability Element. Sustainability is subject to continual change due to changes in information, resources, and regulations. For this reason, this element will likely be subject to significant change with the General Plan 2040. In addition, the City has committed to update the 2009 CCAP, which will need to be folded into the Sustainability Element. 17 San Rafael General Plan 2040 Summary Report & Preliminary Work Program GPA16-001 & P16-013 Since 2011, there has been good progress on a number of sustainable -related efforts. The following is a list of some of these efforts: 1. Maintained and Updated GHG Emissions Reduction Strate.Rv. As a quantitative analysis, the information and progress on reducing emissions must be tracked and reported. Annual reports have been completed. Prepared "Climate Adaptation — Sea Level Rise" White Paper. In 2014, the City completed a white paper entitled "Climate Adaptation — Sea Level Rise" San Rafael. This white paper identifies current resources and tools that are available to plan for the potential rise in sea level. This paper also identifies geographic areas of the community that are vulnerable to rise in sea level and potential opportunity areas for adaptation. The white paper includes a list of suggested tasks and actions for next steps. Some of the suggested tasks and actions have been completed or are in -process. 3. Initiated Marin BavWAVE Vulnerabilitv Assessment. The County of Marin has taken the lead role in preparing a vulnerability assessment of the Marin County Bayfront and areas predicted to be vulnerable to rise in sea level. The assessment is taken the form and content of the C -SMART Vulnerability Assessment prepared for the Pacific Coast shores of Marin. City staff is working with Marin County Public Works staff in completing this assessment, which will likely be available in spring 2017. 4. Pursuing Completion of Street and Park Tree Inventory. Sustainability Element Program SU6a recommends that an inventory of trees and vegetation be prepared to determine existing resources and carbon sequestration. The City has applied for a CalFire grant, which would find the preparation of a street and park tree inventory, along with the planting of up to 200 trees in a three year period. Initiated a Local Hazard Mitigation Plan. The preparation of a Local Hazard Mitigation Plan is underway and will likely be completed and adopted in 2017. This Plan will identify the community hazards and address short-term and long-term planning for combating or mitigating these hazards. 6. Adopted CalGreen Building Standards and Building Measures. In 2013 and again in 2016, the City adopted the CalGreen building code requiring that new construction meet Tier 1 green building standards. In addition, the City adopted a nominal flat fee for roof -mounted photovoltaic systems (solar panels) and an expedited permit review process. In addition, the following are items and topics that may be considered in updating this element for General Plan 2040: ➢ Consider whether to include a program to adopt of a "Bayfront Corridor Zone" to address planning and adapting to potential sea level rise. ➢ Consider and address private project efforts to combat climate change such as Resilient Shore - San Rafael Short Project and the Tiscornia Marsh Upland Transition Enhancement Project. 18 San Rafael General Plan 2040 Summary Report & Preliminary Work Program GPA16-001 & P16-013 J. Culture and Arts The Culture and Arts Element addresses the City's cultural resources and library services. Policies and programs include recommendations such as the preparation of an Arts Plan and promoting facility development. Regarding the latter, Policy CA -11 recommends that the San Rafael City Library be renovated and expanded or replaced. The San Rafael Library Foundation was established in 2004 to raise money to replace and built a new library facility. This element also addresses the protection of historic and archaeological resources. On these topics, the following will need to be considered as we move forward with General Plan 2040: 1. Historic Building Inventorv. The current San Rafael Historical/Architectural Survey was developed in 1976-77 and was updated once (1986). Since 1986, the definition of "historic resource" has dramatically changed but the City survey is used as a starting point to identify and assess individual properties. Cultural and Arts Program CA -13a recommends that this inventory be updated. As a General Plan program, this inventory would not necessarily be updated concurrent with the preparation of General Plan 2040, but rather as a follow-up task. San Rafael Heritage, a local organization has expressed an interest and desire to proceed with this inventory update now. At this time, the cost of preparing an updated historic resource survey or inventory is unknown. However, in 2009, it was estimated that completing an updated survey/inventory could cost upwards of $500,000. This amount includes the work of an experienced architectural historian, staff time and environmental review. This request will have to be weighed and prioritized by the City Council when finalizing the work program for General Plan 2040. Archaeological Resource Inventorv. In 2001, the City adopted procedures and regulations for the protection of archaeological resources. These procedures and regulations are supported by an archaeological sensitivity map, which is used to determine the general location of resources and prompts for further study. The map stores data and sensitivity ranking by County Assessor's parcel numbers, which have changed over the years. At some point, this sensitivity map will need to be updated. K. Parks and Recreation The purpose of the Parks and Recreation Element is to identify and document present park facilities, potential park sites and long-term park needs. Regarding park inventory little has changed since the 2004 adoption of the General Plan 2020. However, a new publicly -accessible shoreline park has been developed at the Loch Lomond Marina site. Parkland dedication standards have not changed. L. Safety The Safety Element addresses potential risk to the community and damage to property resulting from fire, flood, geologic hazards and other public health and safety hazards. The following will need to be considering in updating this element: 19 San Rafael General Plan 2040 Summary Report & Preliminary Work Program GPA16-001 & P16-013 1. Geotechnical Review. General Plan 2020 includes specific policies and programs addressing geologic and seismic safety. Specifically, Policy S-4 addresses the City's Geotechnical Review process, which includes a Geotechnical Review Matrix (Appendix F in the General Plan). The process and requirements presented in Appendix F need to be updated and streamlined. In addition, several of the mapping resources that were published with the General Plan 2000 (e.g., slope stability, geo-seismic hazards, areas of landfill), were not included in the current General Plan 2020. It would be valuable to include these map resources in General Plan 2040. 2. Local Hazard Mitigation Plan. This plan is discussed above under Section I, Sustainability. 3. Rise in Sea Level. Police S-21 broadly addresses the potential for rise in sea level. Since the 2004 adoption of the General Plan 2020, this issue has been more seriously considered and studied. This topic is discussed in more detail in the Sustainability section (above). 4. Public Safetv and Emergencv Response. An update on essential facilities planning is warranted. In 2013, the San Rafael voters approved Measure E, which established a sales tax to fund long- term improvements to the City's essential facilities. In 2015, the City Council adopted the San Rafael Essential Facilities Strategic Plan, which presents the City's road map for the replacement or improvements to aging emergency service facilities. The City Council authorized funding for Phase 1 of this plan which includes the rebuilding of Fire Station 52 and the fire training center, as well as Fire Station 57 (Marin Civic Center) and a new Public Safety Center (Fire Station 52 - Downtown and Police Department facilities) on 5t" Avenue. M. Noise As required by State law, the Noise Element must address noise generating uses and sources and measures to attenuate noise for maintaining quality of life. The last citywide, quantitative noise analysis was prepared in 2001 for the General Plan 2020. An update of this noise analysis will be required, which will include baseline (existing) noise readings along major roadways, unique noise sources (e.g., San Rafael Airport and Heliport), as well as future noise projections based on the growth forecast. The updated noise analysis will need to include the noise impacts of the SMART commuter rail service (including train horns and "quiet zones"). The noise standards (decibel limits) set forth in the Noise Element and in the City's Noise Ordinance (SRMC Chapter 8.13) are comprehensive and effective. Therefore, minimal changes to the standards are envisioned. N. Open Space The Open Space Element addresses the planning, protection and use of open space. San Rafael has done an excellent job at preserving and protecting land and baylands for permanent open space. There are close to 3,300 acres of secured open space within the City limits and over 7,300 acres within the San Rafael Planning Area. Through the years, lands were secured through purchase (e.g., 1972 voter - approved bond measure), donation and dedication through the land development approval process. The recent dedication to and acceptance of land for open space by the City (Greenwood Avenue lots in Oakwood Open Space) was cause to revisit the City's longstanding policy on accepting offers of land dedication. The Community Services and Community Development Department are working on 20 San Rafael General Plan 2040 Summary Report & Preliminary Work Program GPA16-001 & P16-013 formalizing the City's policy on land dedication, which will need to be acknowledged in the Open Space Element. One of the major programs in the Open Space Element is Program OS -2a (Open Space Management Plan). Program OS -2a recommends that a committee be established to prepare an Open Space Management Plan. Preparation of this plan would costly and involve numerous stakeholders including, but not limited to the County of Marin (open space land owner), environmentalists, bicycle/pedestrian trail advocates, the Fire Department (fire prevention and access) and neighborhood representatives. O. Conservation The Conservation Element recognizes the value of San Rafael's natural resources. This element is separated into two sections, Goal 31 (Protection Habitat) and Goal 32 (Resources Used Wisely) Covered under Goal 31 are strong policies and programs addressing the protection of natural resources, particularly sensitive habitats, wetlands, creeks/drainageways, hillsides and baylands. Most of the policies and programs were developed with the San Rafael General Plan 2000 (2007) when the City experienced a lot of development that potentially impacted these resources. San Rafael General Plan 2020 carried over and expanded many of the policies and programs. It is not expected or recommended to change these policies and programs. The policies and programs covering Goal 32 address water and energy conservation, recycling, and energy-efficient design. This section should be reviewed to determine if it is more appropriately located in the Sustainability Element. P. Air and Water Quality The policies and programs in the Air and Water Quality Element are primarily led by state, regional and county regulations and standards. There are two major changes that have occurred since the 2004 adoption of the General Plan 2020, which will have to be addressed in the review and update of this element. First, with the 2006 passage of the California Global Warming Solutions Act (SB32) and the Sustainable Communities Act (SB375), the Bay Area 2010 Clean Air Plan, which is the basis for our General Plan air quality analysis, was updated through Plan Bay Area. The updated Bay Area Clean Air Plan will need to be used to update the air quality analysis required for General Plan 2040. Second, the water quality laws (e.g., Clean Water Act) and permitting have changed and are substantially more stringent. Several years ago, the City of San Rafael NPDES (National Pollution Discharge Elimination System) General Permit (MS4 Permit) was renewed, which set new water quality and discharge standards. Water quality policies and programs will need to be updated to address the renewed permit. VI. COMMUNITY-BASED PLANNING - STEERING COMMITTEE A community-based plan approach ensures maximum participation and input from key community stakeholders and special interest groups. The update process for General Plan 2020 may have had too much public process, with too many committees and subcommittee and task forces participating in the update. For this update, Staff recommends that a "General Plan Steering Committee" be formed to provide guidance, oversight and direction through all phases of the General Plan 2040 preparation, 21 San Rafael General Plan 2040 Summary Report & Preliminary Work Program GPA16-001 & P16-013 publication and adoption process. To be effective and efficient, the steering committee should have no more than 15-21 members, with each member representing a specific stakeholder group. For this purpose, staff recommends that the steering committee be comprised of 19 members, including the following members: • City Council member (1) • Planning Commissioner (1) • Park & Recreation Commissioner (1) • Design Review Board member (1) • Bicycle & Pedestrian Advisory Committee (1) • Chamber of Commerce representative (1) • East San Rafael Working Group rep. (1) • Federation of SR N'hood representative (1) • North San Rafael Coalition rep (1) • Canal rep (Pickleweed Advisory Committee) (1) • Homelessness representative (1) • Housing advocate representative (1) • Cultural resource advocate representative (1) • Climate Change Action Plan (CCAP)/Sustainable San Rafael representative (1) • Citizens Advisory Committee member (1) • Environmental advocate representative (1) • Gallinas Creek Watershed representative (1) • Youth Member from local high school (1) • Community member at -large rep (1) The concept is that the steering committee would be representative of the community and participate in the update process representing their constituencies. It is recommended that the City Council initiate a call for applications to the General Plan Steering Committee. Prerequisites: 1) be a resident of San Rafael; and 2) if representing a specific group or organization, a written endorsement is required. It is also recommended that for each stakeholder role on the Steering Committee, the City Council also appoint an alternate or back-up. The Steering Committee meetings will vary in frequency depending upon the phase in the General Plan process. It is estimated that the General Plan 2040 process will cover a two -three year period and steering committee meetings may be held as frequently as twice a month. However, there will be periods during this process when technical consultants will be preparing critical studies and a monthly "check-in" with the Steering Committee will be adequate. As specific topic areas are studied and addressed during this update, Working Groups (several members and alternate of the Steering Committee, City staff [Supportive Advisory Team; see Section VII] and technical consultants] may need to meet on an ad-hoc/as-needed basis. VII. SUPPORTIVE ADVISORY TEAM The General Plan 2040 will require the guidance and input from City staff. It is recommended that a Supportive Advisory Team be formed comprising of City department representatives. This team would provide input and resources to Steering Committee. At present, it is expected that the City Staff Supportive Advisory Team would include key staff from the City departments: Community Development Department Economic Development Department Community Services Department 22 Public Works Department City Manager's Office City Attorney's Office San Rafael General Plan 2040 Summary Report & Preliminary Work Program GPA16-001 & P16-013 Fire Department Police Department City Library representative Parking Services Division GIS Coordinator- Mapping (Public Works) Sustainability Coordinator Homelessness Coordinator VIII. APPROACH TO STAFFING & CONSULTANT SERVICES Staff recommends that a "Project Manager" be hired to oversee the General Plan 2040 process (serve as lead author, manager of technical consultants/CEQA process, coordinate the Steering Committee, City staff advisory team. This role is one that was previously served during the General Plan 2020 update process by a former Principal Planner position with the City that was a full time employee. That position was eliminated in 2012, due to budget reductions. The Project Manager would report to the Community Development Director and Planning Manager, and serve as the day-to-day lead on the update efforts. Following initiation of the General Plan update by the Council, the City would issue an Request for a Qualifications(RFQ) to solicit qualifications for the Project Manager. The qualifications would be reviewed and the City and the top three most qualified applicants for the project manager would be short-listed. Staff would then issue a Request for Proposals (RFP) and the City would interview all firms that submit a proposal. The RFP's would include specific proposals for services submitted by each firm, including budget, detailed approach, etc. Staff intends to include a Planning Commissioner and City Council member and key City staff on the interview panel for the Project Manager. Once a Project Manager is hired by the City, one of their first tasks would be to refine and further develop the work program and start to assemble a team of technical consultants. It is expected that the following technical consultants will be needed to complete the initial Background/Conditions Report and the supportive environmental document for CEQA review: Environmental (CEQA) Consultant Land Use and Economic Consultant Geotechnical Engineer Economist (Fiscal Impacts) Public Relations (Outreach) Consultant Traffic/Transportation Engineer (VMT + LOS) Air Quality and Noise Consultant Architectural Historian Archaeologist Bettini Transit Center Planning Consultant (retained) IX. GENERAL PLAN AMENDMENT PROCESS A. Required Procedures City Council Resolution 8379 (adopted in 1991) sets forth procedures for initiating and amending the City's General Plan. This resolution is attached. These procedures were established because the State law limits local jurisdictions to four General Plan Amendment actions per calendar year. Therefore, the procedures are intended to group or phase private requests to amend the General Plan. In recent years, the City has had few private requests to amend General Plan 2020 and most amendments have been initiated by the City. 23 San Rafael General Plan 2040 Summary Report & Preliminary Work Program GPA16-001 & P16-013 Following the City Council review of this preliminary work program, the procedures require that a referral of this project be sent to the County of Marin, adjacent cities/towns, local utilities and services, the local public school districts, regional planning agencies, and other regulatory agencies. The referral will inform these agencies of this effort and to obtain initial feedback. During the initial phases of the General Plan 2040 process, the City will be required to comply with Government Code Section 65352.3 and 65562.5 (SB18), which is an offer of tribal consultation to the local Native American Tribe (Federated Indians of Graton Rancheria). The local Native American Tribe must respond within 90 days of the notice. Should tribal consultation be requested, the results of the consultation will be addressed in the General Plan 2040 and supportive EIR. While the Steering Committee is recommended to oversee and guide the Plan preparation, the General Plan Amendment action to adopt General Plan 2040 will require public hearings with the Planning Commission and City Council. In addition, input through the various phases of the Plan preparation process will be requested of, among others, the Design Review Board, Park & Recreation Commission, BPAC, Citizens Advisory Committee (CAC), CCAP Group, and Federation of San Rafael Neighborhoods/North San Rafael Coalition. Further, during the various phases of the Plan preparation process, a public outreach plan will be implemented. B. Review of Individual Planning Applications As noted above, it is expected that the General Plan 2040 process from commencement to adoption is likely to span approximately 2-3 years. Through this process, the City will continue to operate and review planning applications for development projects for consistency with the current General Plan 2020. However, it is expected that during this time, the City will receive private requests to amend the current General Plan 2020 for specific sites or development projects. Depending upon the extent and complexity of such a request, an individual General Plan Amendment action could have policy implications that prejudice or impact the outcome of General Plan 2040. Further, applicants/property owners choosing to proceed with an individual General Plan Amendment request during this time could be vulnerable to potential changes in goals and policies that impact their request. Those seeking an individual General Plan Amendment request during the General Plan 2040 process or individuals filing any planning permit application will need to be made aware of the General Plan 2040 process and concerns noted above. Staff is proposing that all property owners/owner representatives filing and processing all planning applications during this process be required to sign a form acknowledging the process and uncertain outcome of the General Plan 2040. This precautionary approach was taken during the General Plan 2000 and General Plan 2020 processes. X. PRELIMINARY WORK PROGRAM Preliminary Work Program has been prepared to initiate the General Plan 2040 process and to provide a guide in the initial stages of the Plan scoping, and to assist in technical consultant hiring process. The 24 San Rafael General Plan 2040 Summary Report & Preliminary Work Program GPA16-001 & P16-013 Final Work Program will be developed by the Project Manager (once hired) and initial input is provided from General Plan 2040 Steering Committee & City Staff Advisory Team. Preliminary Task/Milestone Selection of Project Manager Appointment of Steering Committee Final Work program completed Selection of General Plan and Environmental Consultants Issues Identification Public Outreach Policy Refinement Draft General Plan Preliminary feedback from Planning Commission and City Council on Draft Plan Notice of Preparation Draft EIR Policy Refinement Public Review and hearing on Draft EIR Final EIR Planning Commission review City Council Review and adoption Preliminary Timeframe June 2017 Aug -Sept 2017 June -Nov 2017 Nov 2017 -Feb 2018 Jan -June 2018 Mar -July 2018 July —Dec 2018 Oct 2018 —April 2019 Nov 2018 -Dec 2018 Dec 2018 Jan —April 2019 Jan 2019 - April 2019 May 2019 June — Aug 2019 Oct — Nov 2019 Dec 2019 - Jan 2020 25 1 San Rafael General Plan 2040 Summary Report & Preliminary Work Program GPA16-001 & P16-013 XI. NEXT STEPS AND RECOMMENDATIONS Staff recommends that the City Council: 1. Confirm the recommended direction and scope of the Preliminary Work Program, and accept this Summary Report; 2. Direct staff to initiate the General Plan 2040 process consistent with the City -adopted General Plan Procedures (referral to County, neighboring cities/towns, utilities, and agencies); 3. Direct staff to complete and distribute a "Request for Qualifications" (RFQ) for "Project Manager" consultant services. Upon receipt and review of qualifications statements, a short-list of consultants shall be developed for interviews and selection; 4. Confirm the scope, purpose and make-up of the General Plan 2040 Steering Committee and direct staff to prepare a resolution initiating a call for Committee applications; 5. Direct staff to prepare an acknowledgment form/notice to property owners/applicant representatives that is to accompany all planning applications during the General Plan 2040 process. The notice is to be signed by all property owners/representatives, which confirms that that they acknowledge that the General Plan 2040 process could affect the outcome or action on their project. XII. APPENDICES • Downtown San Rafael Development "Watch" List; December 2016 • City Council Resolution 8379, procedures for initiating and amending General Plan 26 San Rafael General Plan 2040 Summary Report & Preliminary Work Program GPA16-001 & P16-013 i San Rafael Downtown Development "Watch Area" List December 2016 Downtown Development "Watch Area" O 1203 Lincoln Ave. (36 residential units; approved) O 524 Mission Ave./1200 Irwin St. (15 residential units; under construction) 930 Tamalpais Ave. (Whistlestop, 50 senior units & senior services, restaurant; on hold) Bio Marin @ PG&E -999 3rd St. (200k office/lab [estimate by FAR], Whistlestop, 50 senior apartment units; pre -application) ® 10014th St. (no additional sq. ft. anticipated; no application to date) City parking Structure (potential housing -parking) 0 700 3rd St. (13,000 s.f. site/30 units; no application ® 809-815 B St. (41 residential units [2,000 s.f. to date) retail]; approved) © San Rafael Corporate Center Lincoln Ave. Parking ® 638-640 0 St. (House of Bagels, mixed use; no \ Garage (@ build out 1,558 parking spaces; application to date) completed and occupied) Id San Rafael Corporate Center Lincoln Ave. Parking 42 703-7233 St. (138 residential units; pre - filed) Garage (600 space parking garage expansion application [Phase II]; approved) 1313 5`" Ave. (Public Safety Center -44K; ® San Rafael Corporate Center Lincoln Ave. (80,000 approved) s.f. lab; constructed and occupied) 44 120151" Ave. (5000K office addition; under review) San Rafael Corporate Center Lindaro St. (72,000 ® 800 Tamalpais Ave. (Bettini Transit Center s.f. office [Phase II]; approved) relocation; under review) 27 San Rafael General Plan 2040 Summary Report & Preliminary Work Program GPA16-001 & P16-013 RESOLUTION NO. 8379 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADOPTING GENERAL PLAN AMENDMENT PROCEDURES WHEREAS, the San Rafael General Plan 2000 implementing program LU -f states that the City shall establish a procedure and schedule for periodically reviewing requests for amendments to the General Plan; and WHEREAS, the State Government Code also contains requirements relating to General Plan Amendments; and WHEREAS, Plan amendment procedures have been prepared consistent with these requirements. NOW, THEREFORE, BE IT RESOLVED that the City Council adopts the attached General Plan Amendment procedures. The foregoing Resolution was duly introduced and adopted at a regular San Rafael City Council meeting held on the 15th day of April, 1991, by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS : Shippey and Mayor Mul ryan JEA P4E,M.. LEONCINI, CITY CLERK I General Plan Amendment Procedure . Schedule and Process General Plan Amendments may occur up to four times annually and may include a group of requests: A. One amendment shall be reserved for changes initiated by the City: as a result of mandated housing element updates, neighborhood plans, etc. B. Three amendments shall be available for private and miscellaneous public amendment applications, including amendments occurring as a result of the annual General Plan review. Private amendment requests will be grouped and handled together every four months. All General Plan amendments which have been received and determined to be complete by November 1 are to be scheduled by March 31 of the following year, except that, if environmental review on any Plan amendment request cannot be completed one month before the group of amendment proposals is scheduled for action, that proposal shall be delayed until the next private amendment group. Amendment requests shall ,be summarized by mid November and sent to adjacent jurisdictions, etc. for a 45 day review. Those amendment applications received and determined to be complete by March 1 of each year are to be scheduled by June 30 of that year except that, if environmental review on any Plan amendment request cannot be completed one month before the group of amendment proposals is scheduled for action, that proposal shall be delayed until the next private amendment group. Amendment requests shall be summarized by mid March and sent to adjacent jurisdictions, etc. for a 45 day review. Those amendment applications received and determined to be complete by July 1 of each year are to be scheduled by October 31 of that year except that, if environmental review on any Plan amendment. request cannot be completed one month before the group of amendment proposals is scheduled for action, that proposal shall be delayed until the next private amendment group. Amendment requests shall be summarized by mid July and sent to adjacent jurisdictions, etc. for a 45 day review. General Plan Amendments must be approved at the same time or prior to any other development applications for a project. The Planning Commission and City Council shall each hold at least one public hearing on the 1 amendment. Tht Planning Commission recommendation for approval must be by a full majority of the Commission. If only one private amendment proposal is submitted and received as complete by any of the above deadlines, and if no publicly initiated amendment is expected to be scheduled during that trimester, the single private amendment request may be processed concurrent with other approvals for that project. If an amendment is denied, an applicant may not resubmit a substantially similar application for a year. Exemptions: Consistent with Government Code Section 65358, certain amendments may occur at any time. Consistent with State law, copies of plan amendments shall be made available for inspection by the public one working day following adoption, and within two working days after request, shall be furnished to those so requesting. Submittal Requirements Plan amendment requests shall include 1) a statement of the portion(s) of the General Plan needing to be changed including any maps, policies or implementing programs, and the reason for the change; 2) a statement of the public interest to be served by the amendment; 3) materials consistent with those needed for a zone change (Submittal requirements checklist attached); 4) application fee consistent with the adopted fee schedule. Referrals All General Plan Amendment proposals shall be referred to the following agencies Adjacent Cities and Towns (San Anselmo, Ross, Larkspur, Novato) Marin County Marin Municipal Water District Las Gallinas Valley Sanitary District San Rafael Sanitation District Central Marin Sanitation Agency LAFCo ABAG Army Corps of Engineers and U.S. Fish and Wildlife Service if project affects wetlands State Lands Commission if project affects historic waterways or tidelands