HomeMy WebLinkAboutCC Resolution 14959 (San Rafael General Plan 2040, Downtown Precise Plan and Zoning Ordinances)1
RESOLUTION NO. 14959
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ADOPTING
SAN RAFAEL GENERAL PLAN 2040
WHEREAS, California Government Code Section 65300 requires that each county and city in
the State adopt a comprehensive, long-range general plan to address community growth, physical
development, and planning of citywide programs; and
WHEREAS, the current San Rafael General Plan 2020 was adopted on November 15, 2004 and
was periodically amended thereafter; and
WHEREAS, the current General Plan has a horizon year of 2020 and does not reflect current
long-range forecasts, or fully respond to changing community issues and recent State mandates; and
WHEREAS, in January 2017, the Community Development Department prepared the City of
San Rafael General Plan 2040 Summary Report and Preliminary Work Program, which included a
recommendation for a three-year general plan update process; and
WHEREAS, in February 2017, the City Council of the City of San Rafael adopted Resolution
No. 14276 initiating a process to prepare General Plan 2040, moving the time horizon forward 20 years
and comprehensively updating policies and programs; and
WHEREAS, Resolution No. 14276 further directed staff to assemble a General Plan Steering
Committee and hire a General Plan Project Manager, and staff proceeded with both of these actions in
2017; and
WHEREAS, staff solicited applications for a Steering Committee, interviewed prospective
applicants, and recommended to the City Council in December 2017 the appointment of primary
members and alternates to the Steering Committee; and
WHEREAS, on December 4, 2017, the City Council amended Resolution No. 14276 approving
the appointment of 23 named members and 22 named alternates to the General Plan Steering Committee,
and approving Steering Committee bylaws, and the appointment of a Councilmember to the Committee
and a second Councilmember as an alternate; and
WHEREAS, on March 5, 2018, the City Council adopted Resolution No. 14478, which
established a detailed work program and budget for the General Plan Update, including specific data
collection, analysis, environmental review, and policy and program development tasks; and further
authorized expenditures from the General Plan Maintenance and Implementation Account (Fund 218) to
cover the costs associated with the update; and authorized staff to issue requests for proposals for
professional services to undertake technical work associated with the update; and
WHEREAS, on August 6, 2018, the City Council adopted Resolution No. 14556 expanding the
General Plan Steering Committee to 24 members and 22 alternates; and
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WHEREAS, the General Plan Steering Committee met 25 times over a period of 27 months to
develop guiding principles for San Rafael’s future; review audits of existing General Plan policies and
programs; review draft new policies and programs; review the new Draft Land Use Map and categories;
consider community input; and discuss issues related to San Rafael’s future; and
WHEREAS, each meeting was duly noticed and open to the public, with an opportunity for
public comment, publication of agendas, minutes, and staff reports, and documentation of meeting
outcomes; and
WHEREAS, the City sponsored an extensive community engagement program that included the
following components:
• Three community workshops, convened in Fall 2018, with over 100 participants,
including instant-result surveys with digital voting devices.
• Staff attendance at more than 30 meetings with neighborhood and homeowner
association groups between 2018 and 2020 to discuss the General Plan, respond to
questions, and solicit input.
• Staff attendance at meetings of advocacy and stakeholder groups such as the Downtown
Business Improvement District, Chamber of Commerce, Marin Conservation League,
San Rafael Heritage, Federation of San Rafael Neighborhoods, Responsible Growth in
Marin, and others to provide presentations on the General Plan and receive input on
relevant issues.
• Staff delivered multiple presentations to, and incorporated feedback from, the Bicycle
and Pedestrian Advisory Committee; the Citizens Advisory Committee on Economic
Development and Affordable Housing; the Quarterly Climate Action Forum; the Design
Review Board; the Park and Recreation Commission; the Pickleweed Advisory
Committee; and the Planning Commission.
• Staff developed a survey that was administered to neighborhood associations across the
city and worked with each organization’s board or members to receive input, receiving
written input from 19 organizations, including those representing Terra Linda, Mont
Marin/ San Rafael Park, Rafael Meadows, Los Ranchitos, West End, Sun Valley,
California Park, Fairhills, Lincoln/ San Rafael Hill, Gerstle Park, Bret Harte, Picnic
Valley, Montecito, Loch Lomond, Glenwood, Peacock Gap, Canal, Spinnaker/ Bay
Point, and the East San Rafael Working Group.
• Staff developed and implemented a Spanish language outreach program, including
bilingual workshops, workshops with translation services, materials produced in Spanish,
capacity-building workshops run in collaboration with the Canal Alliance; and interviews
with over 100 residents in Spanish.
• A project website was created, with content that was refreshed weekly, providing access
to all project publications and meeting notices, and including hyperlinks to topics of
interest.
• An interactive website hosted on the “Neighborland” platform was developed, including
community discussion threads on long-range planning topics, with more than 300
subscribers.
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• Pop-up workshops were convened at the San Rafael Downtown Farmers Market and the
Art Walk, including interactive exhibits and information on the General Plan, with more
than 100 participants.
• A collaboration with Youth in Arts, Y-Plan, and San Rafael Schools occurred, including
engagement of 3rd, 4th, and 5th graders from Laurel Dell Elementary in a semester-long
planning course, culminating in presentations to the General Plan Steering Committee.
• Six City Council progress reports on the General Plan were presented, providing
additional opportunity for public comment, and opportunities for Council feedback on
key issues and policy choices.
• Press releases, news articles, and regular updates about the General Plan were provided in
City publications.
• Parallel community engagement activities were held through the Downtown Precise Plan,
including a three-day design charrette attended by more than 100 people; and
WHEREAS, Staff developed new land use categories, consolidated several categories, adjusted
density ranges and permitted uses, and added a “sea level rise overlay” to the Land Use Map, and
published the Draft General Plan 2040 Map in 2019; and
WHEREAS, Staff prepared, published, and advertised a “Call for Amendments” to the General
Plan in 2019, and received and evaluated requests for Land Use Map changes, presented its
recommendations to the Planning Commission and City Council; and received direction from the
Commission and Council on its recommendations; and
WHEREAS, Staff completed a comprehensive “audit” of every goal, policy, and program in
General Plan 2020, and identified whether each statement should be deleted, carried forward, edited, or
replaced; and
WHEREAS, Staff and the consultant team developed a comprehensive data base of “existing
conditions” material related to land use, transportation, economics, demographics, community services,
parks and open space, natural resources, hazards, historic preservation, arts and culture, environmental
justice, and noise, which informed policy and program choices; and
WHEREAS, Staff provided the technical analysis necessary to evaluate Plan alternatives,
including growth projections for more than 300 traffic zones and traffic modeling for Year 2040 under
different scenarios; and
WHEREAS, Staff developed new policy and program language to reflect recent State planning
laws, including new standards for Vehicle Miles Traveled (SB 743), an Environmental Justice Element
(SB 1000), and adoption of the Local Hazard Mitigation Plan as part of the General Plan (SB 379); and
WHEREAS, Staff incorporated new policy and program direction into the General Plan as
provided by the Bicycle and Pedestrian Master Plan, the Station Area Plans for Downtown and Civic
Center SMART stations, the Climate Change Action Plan, and the Wildfire Prevention and Protection
Action Plan; and
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WHEREAS, Staff developed two sea level rise “white papers” and new General Plan policies
addressing sea level rise, incorporating current forecasts, guidance from BayWAVE, and best practices on
resilience and adaptation; and
WHEREAS, the Planning Commission convened a public hearing on February 11, 2020 and the
City Council convened a public hearing on February 18, 2020 to review the proposed General Plan Land
Use Map, including proposed amendments; and
WHEREAS, the City published working draft General Plan goals, policies, and actions
throughout 2019 and early 2020, revised the goals, policies, and actions in response to Steering
Committee input, and published a Compendium of all goals, policies, and actions in May 2020; and
WHEREAS, the City published a Public Review Draft General Plan 2040 in October 2020,
including the following components:
• A new “Framework” section that describes the forces driving change in the city, forecasts
for the future, and Guiding Principles
• An updated Land Use Element that provides guidance on the use of land, including growth
and development policies and policies for specific uses.
• An updated and substantially reorganized Neighborhoods Element that identifies five
planning areas in San Rafael and includes more specific land use policies for each area.
• An updated Community Design and Preservation Element that focuses on creating and
maintaining a strong sense of place in San Rafael, and enhancing the appearance of streets,
buildings, and public space, and the preservation of historic resources.
• An expanded Conservation and Climate Change Element that addresses San Rafael’s
natural resources, including wetlands, creeks, hillsides, wildlife and plant life, minerals, air
and water quality, and trees, as well as policies to reduce greenhouse gas emissions and
address global climate change.
• An updated Parks, Recreation, and Open Space Element that guides planning for parks,
delivery of recreational services, and management of natural open spaces in the city.
• An updated Safety and Resilience Element that includes policies and programs to minimize
potential losses associated with future earthquakes, landslides, erosion, flooding (including
sea level rise), wildfire, and hazardous materials incidents.
• An updated Noise Element that includes policies and programs to reduce the impacts of
excessive noise in the community.
• An updated Mobility Element that addresses all modes of travel in the city and provides
guidance on issues such as parking, safety, traffic calming, and congestion management.
• A new Community Services and Infrastructure Element that addresses services such as
schools, libraries, police, fire, and infrastructure, including water, sewer, drainage,
telecommunication, and solid waste facilities.
• An expanded Arts and Culture Element that addresses the importance of the arts to the
quality of life, the local economy, and San Rafael’s cultural diversity.
• An updated Economic Vitality Element that strives to maintain economic diversity and
fiscal health, sustain San Rafael as a good place to do business, and improve work
opportunities for local residents.
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• A new Equity Diversity and Inclusion Element with policies to reduce income inequality,
increase housing security, ensure environmental justice, and provide a greater voice for lower
income residents in local government; and
WHEREAS, the City has a State-certified Housing Element covering 2015-2023 and is required
by law to adopt a new Housing Element by January 15, 2023, and as such did not include an update of the
Housing Element in the General Plan 2040; and
WHEREAS, the Planning Commission received an informational report on General Plan 2040
on September 15, 2020 and convened noticed public hearings on General Plan 2040 on October 27,
November 12, and December 15, 2020; and
WHEREAS, the General Plan Update is defined as a “project” under the California
Environmental Quality Act (CEQA) and was determined to require preparation of an Environmental
Impact Report (EIR); and
WHEREAS, in accordance with State law, the City issued a Notice of Preparation (NOP) for the
Draft EIR on March 19, 2019; distributed the NOP to Federal, State, regional and local agencies and to
interested parties; convened a Scoping Session on the Draft EIR on April 23, 2019; and provided a 30-day
window for public comments; and
WHEREAS, the City published a Draft EIR for Draft General Plan 2040 and the Downtown
Precise Plan on January 7, 2021; circulated the Draft EIR to the State Clearinghouse, local agencies, and
members of the public; and advertised it for availability for a 62-day public and agency comment period
ending on March 9, 2021; and
WHEREAS, the Planning Commission convened a public hearing on the Draft EIR on March 9,
2021; and
WHEREAS, comments on the Draft EIR were received, and responses were prepared, and
revisions to the EIR and General Plan were made accordingly; and
WHEREAS, a Final EIR was published on May 23, 2021, including Responses to Comments;
and
WHEREAS, written comments and oral testimony on the Draft General Plan 2040 were received
in October, November, and December 2020 and continued to be received in January, February, and
March 2021; and
WHEREAS, staff prepared responses to these written comments and posted the responses to the
project website as they were received, including a description of changes that would be made to the
General Plan in light of the comment; and
WHEREAS, staff produced a redlined (“tracked change”) draft of the General Plan in May 2021
highlighting each edit made in response to public comment, as well as editorial clarifications and
corrections, and posted that document to the website in chapters between May 23 and June 4, 2021; and
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WHEREAS, the Planning Commission considered the staff changes to the October 2020 Draft
General Plan and provided subsequent opportunities for public comment on this Draft at duly noticed
public hearings on June 15 and June 29, 2021; and
WHEREAS, on June 15, 2021, the Planning Commission approved Resolution No. 2021-02
finding that the General Plan 2040 was completed in compliance with CEQA; that the Final EIR was
legally sufficient, not only for approval of General Plan 2040 but also for subsequent actions such as
projects that are consistent with General Plan 2040, including rezonings, prezonings, annexations, and
revisions to the San Rafael Municipal Code and other regulations that implement General Plan 2040; and
that the Final EIR reflects the independent judgment of the City of San Rafael and the Planning
Commission of the City of San Rafael. The Planning Commission further recommended City Council
certification of the Final EIR; and
WHEREAS, on June 29, 2021, the Planning Commission approved Resolution No. 2021-03
recommending that the City Council adopt CEQA Findings of Fact, a Statement of Overriding
Considerations, and a Mitigation Monitoring and Reporting Program for General Plan 2040 and the
Downtown Precise Plan; and
WHEREAS, on June 29, 2021 the Planning Commission approved Resolution No. 2021-04
recommending that the City Council adopt General Plan 2040; and
WHEREAS, on July 19, 2021, the City Council adopted a resolution certifying the Final EIR for
General Plan 2040 and the Downtown Precise Plan; and
WHEREAS, by separate resolution and consistent with the CEQA Guidelines Section 15063, the
City has approved the CEQA Statement of Findings of Fact and Statement of Overriding Considerations
supporting and substantiating adoption of the General Plan 2040, the Downtown Precise Plan, and the
related amendments to SRMC Title 14 – Zoning. This separate resolution also approved a Mitigation
Monitoring and Reporting Program (MMRP) to ensure that the required FEIR mitigation measures are
incorporated into the project action;
NOW, THEREFORE BE IT RESOLVED that the San Rafael City Council hereby finds and
determines that the above recitals are true and correct and, together with the Staff Report, serve as the
evidentiary basis, in part, for the actions set forth below.
BE IT FURTHER RESOLVED that upon review and consideration of the Final EIR and other
documents prepared as part of General Plan 2040, the City Council makes the following findings
regarding General Plan 2040:
1. The public interest would be served by the adoption of the proposed General Plan Amendment in
that:
a. The amendments will keep the document current, recognize changes in conditions and
circumstances, move the time horizon forward to 2040 to reflect new forecasts and respond to
emerging issues, comply with recently adopted State laws, recognize actions already taken and
actions currently planned, incorporate recently adopted plans and initiatives, and respond to
public input;
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b. Changes to the Land Use Element, including new land use categories and density metrics, will
positively impact the City’s ability to build housing for all income groups, stimulate economic
development, respond to climate change, support managed growth and change, and reduce the
potential for land use conflicts;
c. Changes to the Neighborhoods Element will ensure that the General Plan is responsive to the
priorities of each San Rafael neighborhood. Moreover, the reorganization of this Element will
make it easier to use;
d. Changes to the Community Design and Preservation Element will support the beautification of
the city, continued planting and maintenance of trees and landscaping, and encouragement of
high-quality design. Moreover, the consolidation of historic preservation policies in one part of
the Plan and the expansion of these policies and programs will support the preservation of San
Rafael’s heritage and protection of tribal cultural and archaeological resources;
e. Changes to the Conservation and Climate Change Element will enable the continued protection of
wetlands, restoration and conservation of creeks, management of wildlife and habitat,
enhancement of air and water quality, and implementation of programs to reduce greenhouse has
emissions and global climate change. Moreover, the addition of sustainability policies to this
section of the General Plan will align the General Plan and Climate Change Action Plan, thereby
providing a more effective response to the global climate crisis;
f. Changes to the Safety and Resilience Element will align the General Plan with the Local Hazard
Mitigation Plan, as required by SB 379, and ensure a coordinated and effective response to
hazards related to earthquakes, landslides, wildfire, flooding, and hazardous material incidents.
Moreover, the addition of expanded policies on sea level rise and wildfire prevention will make
San Rafael a more resilient community and reduce future losses of life and property;
g. Changes to the Noise Element will align the City’s noise compatibility standards for different
land uses with current State standards and further strengthen policies and programs to reduce
noise conflicts in the community;
h. Changes to the Mobility Element will incorporate State requirements to adopt Vehicle Miles
Traveled (VMT) metrics for CEQA purposes, while retaining Level of Service (LOS) to manage
congestion and ensure that the impacts of development are duly addressed. Moreover, changes to
this Element align the City’s transportation plans with its climate change strategies and support
expanded electric vehicle infrastructure, zero emission vehicles, expansion of the bicycle and
pedestrian network, and a viable public transportation system;
i. The incorporation of a new Community Services and Infrastructure Element carries forward
important policies in the former Governance Element and provides essential guidance and
standards for the delivery of City of San Rafael services, and the delivery of services provided by
other entities including school districts, County parks, water and sewer providers, energy and
telecommunication utilities, and the County of Marin;
j. Changes to the Arts and Culture Element elevate the importance of the arts in planning for the
City’s future and recognize the arts community as an essential part of San Rafael and contributor
to its quality of life;
k. Changes to the Economic Vitality Element recognize the importance of a diverse, full-service
economy to the City, including the generation of revenue for municipal operations, creation of
jobs, and provision of convenient goods and services for the residents of San Rafael. Moreover,
this Element acknowledges the intersection of the economy and the City’s equity goals, including
the goal of expanding economic opportunities for all residents;
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l. The incorporation of a new Equity, Diversity, and Inclusion Element meets State requirements
under SB 1000, and also responds to an issue of great importance and urgency in San Rafael by
defining a pathway to becoming a more inclusive and compassionate city;
m. The changes described herein are essential to expanding the City’s capacity to produce housing
for all income groups, which will assist in its ability to meet its Regional Housing Needs
Allocation for the 2023-2031 planning period; and
n. The Plan includes updated Appendices, including detailed implementation matrices for each
Element indicating the parties responsible for Plan implementation and the resources available.
2. Adoption of General Plan 2040 would not be growth inducing nor would it be precedent setting in
that:
a. General Plan 2040 carries forward nearly all of the Land Use Map designations from General
Plan 2020, and maintains the fundamental form and character of the City;
b. General Plan 2040 maintains the residential density ranges from General Plan 2020, but applies a
net density metric rather than a gross density metric, thereby aligning the General Plan and
Zoning Maps;
c. General Plan 2040 makes minimal changes to industrial and commercial sites and protects
industrial land, thereby helping San Rafael sustain a vibrant local economy, accommodate
businesses, and provide services to residents;
d. General Plan 2040 carries forward the emphasis of General Plan 2020 on transit-oriented
development and focuses new growth around public transportation and areas that are already
urbanized;
e. General Plan 2040 includes no instances where a former open space designation has been
changed to an urban land use;
f. General Plan 2040 provides open space maps and policies to preserve San Rafael’s open space
framework and maintains open space as the largest single land use in the Planning Area;
g. The circulation system envisioned by General Plan 2040 is based on existing plans and programs,
with no proposals for new roadways, interchanges, or similar improvements other than those
already under consideration and being evaluated through other plans and planning processes;
h. General Plan 2040 is consistent with the regional Sustainable Communities Strategy (SCS),
including its identification of “Priority Development Areas.” Further, General Plan 2040 uses
population and employment projections that are consistent with Plan Bay Area 2040, the adopted
regional plan and SCS for the Bay Area;
i. General Plan 2040 is consistent with the Marin Countywide Plan, including its emphasis on “city-
centered growth.” Its land use designations for unincorporated areas are compatible with
designations in the County Plan;
j. General Plan 2040 is consistent with regional air and water quality plans;
k. General Plan 2040 is consistent with the regional Congestion Management Plan and the
Transportation Authority of Marin’s (TAM) traffic modeling methodology, and includes VMT
forecasts that were derived using TAM’s traffic model and network assumptions;
l. Preparation of General Plan 2040 was coordinated with service providers, including the San
Rafael City School District, the Miller Creek School District, and relevant water, sewer, flood
control, solid waste, and energy utilities.
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3. Adoption of the goals, policies, and programs in General Plan 2040 would advance the guiding
principles for San Rafael’s future expressed by the Plan, including Building on Our Foundation,
Adapting to the Future, Economic Vitality, Mobility, Housing our Growing Community, and
Opportunity for All, thereby supporting the overarching goal of a thriving city. Moreover, the
General Plan would not conflict with the goals, policies, and programs expressed by other City plans
and will provide a framework and foundation for future plans that support these principles, in that:
a. General Plan 2040 is intended as a new “baseline” against which the consistency of future plans
and programs will be evaluated during the next 20 years;
b. General Plan 2040 has been reviewed and found to be internally consistent and supportive of
other City plans and initiatives;
c. General Plan 2040 has been edited and revised since its publication in October 2020 to reflect and
respond to community input and comments received during public hearings;
d. General Plan 2040 provides clear direction on the preparation of future plans, including a Parks
Master Plan, an Arts and Culture Plan, an Equitable Economic Development Strategy, a Sea
Level Rise Adaptation Plan, and sub-area plans for the Priority Development Areas at Northgate
and in Southeast San Rafael/ Canal;
e. A Downtown Precise Plan has been prepared concurrently with General Plan 2040, providing
policies and standards supporting new housing, economic vitality, public space improvements,
circulation improvements, resiliency improvements, and historic preservation incentives for the
heart of the city;
f. General Plan 2040 includes an implementation section providing guidance on timing, funding
sources, and responsible parties for each program; and
g. General Plan 2040 will support City goals related to social equity, diversity, climate change,
sustainability, affordable housing, economic vitality, environmental protection, safety, disaster
resilience, innovation, cultural enrichment, efficient services, mobility, neighborhood character,
and the overall quality of life.
BE IT FURTHER RESOLVED that any documents attached by hyperlink to this resolution will be
edited as necessary following adoption to incorporate the finally-approved documents, included related
addenda.
BE IT FURTHER RESOLVED that the City Council of the City of San Rafael does hereby adopt
General Plan 2040 (Exhibit A).
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 City Council of the City of San Rafael held on
Monday, the 2nd day of August 2021 by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Lindsay Lara, City Clerk
EXHIBIT A (by hyperlink): San Rafael General Plan 2040