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Home My WebLink AboutCC Resolution 14785 (190 Mill Street - Approving a General Plan Map Amendment)RESOLUTION NO. 14785 RESOLUTION OF THE CITY OF SAN RAFAEL CITY COUNCIL ADOPTING AN AMENDMENT (GPA19-001) TO THE SAN RAFAEL GENERAL PLAN 2020 LAND USE ELEMENT EXHIBIT 12- LAND USE MAP TO CHANGE EXISTING LI/O LAND USE DESIGNATION OF THE SUBJECT PROPERTY LOCATED AT 190 MILL STREET (APN 014-192-12) TO HIGH- DENSITY RESIDENTIAL (HDR) LAND USE DESIGNATION WHEREAS, in November 2004, the City of San Rafael adopted the San Rafael General Plan 2020 and certified the supporting Final Environmental Impact Report for the plan; and WHEREAS, on April 26, 2019, Homeward Bound of Marin submitted project applications to the City of San Rafael Community Development Department for a General Plan Amendment (GPA19-001) for property at 190 Mill Street, a Zoning Map Amendment (ZO19-001) to change the existing Canal Core Industrial/Office (CCI/O) zoning classification to the high-density residential zoning (HR1) zoning classification, and a Use Permit (UP19-001) for a new emergency shelter to replace the existing shelter; and WHEREAS, on April 29, 2019, in accord with California Government Code Section 65352.3(a), specifically, the directive of Senate Bill 18 (SB 18), the Community Development Department staff sent an offer for tribal consultation to the representatives of the Federated Indians of the Graton Rancheria (Federated Indians). Tribal consultation is required for all projects that propose an amendment to the local General Plan. The purpose of the tribal consultation is to consult with the local tribe representatives on potential impacts to Native American places, features and objects described in Section 5097.9 and 5097.993 of the California Public Resources Code. The prescribed 90-day period was observed for the Federated Indians to respond to the offer, but the City received no response; and WHEREAS, following the initial filing of the Homeward Bound of Marin applications for 190 Mill Street, the City commenced with environmental review of the project. Consistent with the California Environmental Quality Act (CEQA) Guidelines and the City of San Rafael Environmental Assessment Procedures Manual, the appropriate steps were followed to complete environmental review of the project, which included the preparation and publication on January 2, 2020 of an Initial Study and Mitigated Negative Declaration (IS/MND) and a Notice of Public Review and Intent to Adopt a Mitigated Negative Declaration; and WHEREAS, the IS/MND assesses the environmental impacts of the proposed amendment to San Rafael General Plan 2020 to change the existing Light Industrial/Office (LI/O) land use designation of the property to high-density residential (HDR) land use designation. The IS/MND finds that the proposed amendment to the General Plan will not result in significant impacts; and WHEREAS, on February 25, 2020, the San Rafael Planning Commission held a duly noticed hearing to consider the General Plan Amendment (GPA19-001), Zoning Amendment (ZC19-001), and Use Permit (UP19-001) applications, and accepted and considered all oral and written public testimony and the written report of Planning staff; and WHEREAS, on February 25, 2020, following a public hearing and deliberation on the project, the Planning Commission voted 7-0 to adopt Planning Commission Resolution 20-09 recommending that the City Council approve General Plan Amendment application GPA19-001 amending the San Rafael General Plan 2020 Land Use Map; and recommending approval of a Mitigation Monitoring and Reporting Program (“MMRP”) for the project; and WHEREAS, on April 6, 2020, the City Council held a duly noticed public hearing on the proposed project, accepting and considering all oral and written public testimony and the written report of the Department of Community Development; and WHEREAS, on April 6, 2020, by adoption of a separate resolution, the City Council adopted the IS/MND and approved an MMRP for the project; and WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based is the Community Development Department. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael does hereby approve General Plan Amendment GPA19-001, amending the San Rafael General Plan 2020 Land Use Map Exhibit 12 as follows: Modify Exhibit 12 in the General Plan 2020 Land Use Element to change the existing Light Industrial/Office (LI/O) land use designation of the 190 Mill Street site to the High-Density Residential (HDR) land use designation. This would extend the HDR land use designation of properties to the north and east such that it would encompass the 190 Mill Street property. The proposed modified General Plan Exhibit 12 is shown as Attachment A. BE IT FURTHER RESOLVED, that the amendment is based on and supported by the following findings: 1. The public interest would be served by the adoption of the proposed amendment to Land Use Element Exhibit 12, which would change the existing Light Industrial/Office (LI/O) land use designation of the 190 Mill Street site to the High-Density Residential (HDR) land use designation in that: a. This action would be consistent with and implement San Rafael General Plan 2020 Housing Element Policy H-9 (Special Needs) which supports the project’s added affordable housing in the very-low and low-income categories including housing that supports the homeless population. b. This action would be consistent with and implement San Rafael General Plan 2020 Housing Element Policy H-9d (Housing for Extremely Low Income Households), which supports funding opportunities that support the development of housing affordable to extremely low-income households including funding for projects that will facilitate the construction of multifamily and supportive housing. c. This action would be consistent with and implement San Rafael General Plan 2020 Housing Element Policy H-10 (Innovative Housing Approaches) and H-10c (Single Room Occupancy (SRO) Units) in that these policies support opportunities for innovative housing approaches that increase the availability of low- and moderate-income housing and promote construction of SRO apartments by eliminating SRO’s from density limits, allowing a reduction in parking standards and encourage linkages to social services for this type of housing. d. This action would be consistent with and implement San Rafael General Plan 2020 Housing Element Policy H-12 (Residential Care Facilities and Emergency Shelters) which encourages a dispersion of residential care facilities and emergency shelters and discourages an over concentration of residential care facilities and shelters for the homeless in any given area. This policy also recognizes the value of eliminating governmental constraints in the operation or construction of transitional, supportive, and emergency housing, consistent with State law. e. This action would accommodate the construction of a new, permanent emergency shelter to replace the existing emergency shelter that is need of upgrading. f. This action would provide the opportunity for residential uses that are compatible with the adjacent residential and light industrial uses. g. This action would not be growth inducing as the property is already served by all necessary utilities and no expansion of infrastructure would be required for land uses permitted under the HDR land use category to occupy the site. 2. The proposed amendment to Land Use Element Exhibit 12 would be generally consistent with the related elements, goals, policies or programs of the San Rafael General Plan 2020 as a whole in that: a. This action would be consistent with and implement San Rafael General Plan 2020 Governance Element Policy G-2 (Variety of Housing), which supports the creation and retention of a wide variety of housing types serving people of all economic levels. b. This action would be consistent with and implement San Rafael General Plan 2020 Governance Element Policies G-3 (Housing Agencies), G-18 (Support for Special Needs Groups), and G-18a (Collaboration with Local Agencies) which encourage collaboration and support of housing agencies, non-profits and other organizations that provide shelter, housing, and related services to very low-, low-, and moderate-income households as well as emergency shelter and supportive housing for the homeless and those with special needs. c. This action would be consistent with and implement San Rafael General Plan 2020 Governance Element Policy G-18c (Zoning Allowance), which encourages zoning allowance for group homes, transitional housing and treatment facilities, and recognizes the use of SB 2 funds in support of transitional and supportive housing projects. I, Lindsay Lara, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael City Council held on the 6th day of April 2020, by the following vote to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None LINDSAY LARA, City Clerk Attachment A General Plan 2020 Exhibit 12 – Land Use Map Attachment A General Plan 2020 Exhibit 12 – Land Use Map BEFORE AFTER