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HomeMy WebLinkAboutCC Resolution 13142 (General Plan 2020 Amendment)RESOLUTION NO. 13142 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AN AMENDMENT TO THE SAN RAFAEL GENERAL PLAN 2020: A) AMENDING LAND USE ELEMENT EXHIBIT 11, LIGHT INDUSTRIAL/OFFICE LAND USE DESCRIPTION; AND B) NEIGHBORHOOD ELEMENT POLICY NH -59 (CAL-PDX SITE EAST OF HOME DEPOT) TO EXPAND THE PERMITTED USES TO INCLUDE REGION -SERVING, SPECIALTY RETAIL GPA07-004 The City Council of the City of San Rafael finds and determines that: 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. This action included, among others, a revision to the description of and permitted uses for the Light Industrial/Office land use designation in Exhibit 11 of the Land Use Element. Further, this action incorporated a new Neighborhood Element into the General Plan containing Policy NH -59 (Cal - Pox Site, east of Home Depot) and Program NH -59a (Development Review Process). These components of the San Rafael General Plan 2020, which are applicable to the 19+ -acre Cal -Pox project site (Target Store), read as follows: a. Exhibit 11, Land Use Categories. Light Industrial/Office: Motor vehicle service, contractor uses and yards; light manufacturing; distribution; warehousing and storage, incidental employee - serving retail/service; and office use allowed. Specialty retail uses may be allowed to occupy minor portions of the Light Industrial/Office designation provided that intensity and traffic standards are met and the integrity of the district is not threatened. Policy NH -59 Cal -Pox Site (east of Home Depot). Allow light industrial/office and specialty retail uses. Traffic congestion in the area, prior to needed roadway improvements, may limit development on the site to low -traffic -generating uses. Hotel use may be considered for the site provided that environmental analysis demonstrates that potential hazardous soils conditions are in compliance with State and Federal laws, and that geo-seismic conditions and commercial use conflicts have been mitigated. C. Program NH -59a. Development Review Process. As part of a development application, consider land use changes to Cal -Pox Site to allow for development. WHEREAS, as part of the preparation process for the San Rafael General Plan 2020, the subject, 19+ -acre Cal -Pox site, located east of Home Depot was considered to be a large, opportunity site for development in the East San Rafael area. Consequently, Program NH -59a (above) was specifically crafted and adopted to provide broad opportunities for property reuse and redevelopment, which may necessitate a refinement or change to the site's General Plan designation or pertinent land use policies. Further, to adequately address traffic for projected development in the East San Rafael area, the General Plan EIR modeled the potential for a `large retail' use for the traffic zone that contains the Cal -Pox site; and WHEREAS, in 2006, Target Store representatives filed a Priority Projects Procedure (PPP) application, requesting a traffic capacity allocation for a proposed 137,000+ -square foot N„ n ro ... .�k Target Store on the 19+ -acre Cal -Pox site. On August 21, 2006, PPP was granted by the City Council. This PPP was granted for two years. On August 18, 2008, the City Council granted a second PPP approval for the Target Store project, which expired in August 2010; and WHEREAS, on May 11, 2007, planning permit applications were filed with the City of San Rafael, Planning Division proposing development of an approximately 137,000+ -square -foot Target retail store on the 19+ -acre Cal -Pox site at the San Rafael Shoreline Center. The planning applications included, among others, a request to amend the San Rafael General Plan 2020, specifically Neighborhood Element Policy NH -59 Cal -Pox Site (East of Home Depot), amending the allowed land uses. Following this initial filing, the proposed General Plan amendment was further refined to consider expanding the description of permitted uses in Land Use Element Exhibit I 1 for the Light Industrial/Office land use designation to include region -serving specialty retail; and WHEREAS, following the initial filing of the Target Store planning applications, 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: a) the publication of a Notice of Preparation (NOP) in August 2007 for the purpose of scoping the topic areas of study for the preparation of an Environmental Impact Report; b) the preparation and publication of a Draft Environmental Impact Report (DEIR) in September 2008, which included a 45 -day public review process and Planning Commission public hearing for commenting on the DEIR; and c) the preparation of a Final Environmental Impact Report (FEIR) by responding to all comments made and submitted on the DEIR. On October 19, 2009, on a 5-0 vote, the San Rafael City Council, adopted Resolution No. 12858 certifying the Target Store FEIR; and WHEREAS, the certified FEIR assesses the environmental impacts of the proposed amendment to San Rafael General Plan 2020 to broaden the allowed land uses in the Light Industrial/Office designation. The FEIR finds that the proposed amendment to the General Plan will result in a significant, unavoidable impact, in that it would be in potential conflict with San Rafael General Plan 2020 Land Use Element Policy LU -2 (Development Timing), Neighborhood Element Policy NH -59 (Cal -Pox Site), Circulation Element Policy C-5 (Traffic Level of Service) and Infrastructure Element I-2 (Adequacy of City Infrastructure and Services), which are adopted for the purpose of avoiding or mitigating the physical, environmental effect resulting from increased traffic. The FEIR states that there is a conflict because of the significant and unavoidable traffic impact to the Bellam/Kerner Boulevard intersection, which would result from the proposed project (Target Store). According to Public Resources Code, Section 21082.2, subdivisions (a) and (e), the lead agency (City) is tasked with determining the significance of impacts and statements in an FEIR are not determinative of significance. As set forth in the CEQA findings for this project approved by separate resolution, the City has conservatively found that the project will lead to significant and unavoidable impacts related to the potential consistency issue. The City, however, has determined that the project is consistent with all of the pertinent General Plan goals and policies, including Policies LU -2, C-5 and I-2. Specifically, Policy C-5 allows the City to approve projects that exceed the level of service (LOS) standards if it finds that the benefits of the project to the community outweigh the resulting traffic impacts. The project, therefore, meets the traffic standards set forth in the San Rafael General Plan 2020. Further, because the project meets the traffic standards set forth in Policy C-5, and other infrastructure such as water and sewer is in place, the project is consistent with Policies LU -2 and I-2. As explained in the FEIR, per CEQA Guidelines Section 15063, in order to adopt the proposed amendment to the San Rafael General Plan 2020, the City must weigh the benefits of 2 the project against the unavoidable, adverse environmental (traffic) effects of the project and adopt a statement of overriding consideration. By separate resolution, the City Council has adopted a statement of overriding considerations. Similar findings are required by San Rafael General Plan 2020 Circulation Element Policy C -5D (Evaluation of Project Merits) and Program C -5c (Exception Review), which permits the City to approve a project that exceeds the LOS standards if the City finds that the project's benefits to the community outweigh the project's traffic impacts; and WHEREAS, on November 16, 2007, in accord with California Government Code Section 65352.3(a), specifically the directive of Senate Bill 18 (SB 18), the Department of Community Development 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, in early 2009, the project sponsor requested that the planning applications for the Target Store project be placed `on -hold' due to a depressed economy; and WHEREAS, in Spring 2010, the planning applications for the project were re -activated and the project was amended with minor modifications and revisions including the following: 1) the filing of an accompanying Tentative Map application to divide the 19.42 -acre site into two parcels, a 15.82 -acre parcel for the proposed Target Store and a 3.6 -acre parcel for the existing Sonnen BMW storage lot; 2) the creation of a 1.6 -acre landscape easement on the proposed 3.6 - acre parcel with the Sonnen BMW storage lot occupying the remaining two acres; 3) relocation of the proposed Target Store building approximately 28 feet northward and 3.7 feet eastward; 4) the addition of three surface parking spaces establishing a total surface parking count of 553 spaces; and 5) modifications to proposed building specifications for LEED Gold green building certification. The modifications propose no change to the general site layout of the building, parking and landscaping, nor is there any change to the building footprint or architecture. Second, the modifications propose no change to the current operation of the BMW vehicle storage use authorized by City Use Permit UP03-034, which has no term limits. The BMW vehicle storage lot lease and the proposed landscape easement are structured to run through year 2033 with extension options every five years. Further, the re -activated project continues to propose an amendment to the San Rafael General Plan 2020; and WHEREAS, in reviewing the re -activated project, the proposed amendment to the San Rafael General Plan 2020 was further refined so that the proposed allowance for region -serving specialty retail use is applicable to meeting specific site and building size criteria that are suitable for such uses. The addition of specific building size criteria would be consistent with the region - serving specialty retail land use definition adopted in San Rafael Municipal Code Title 14 (Zoning). As a result, the General Plan 2020 description of the permitted uses in the Light Industrial/Office land use category in Exhibit 1 1 of the Land Use Element is proposed to be amended to expand the allowed uses to include "region -serving specialty retail when contained in a building of 50,000 square feet or greater in size and located on a site greater than 10 acres." To ensure internal consistency with the Neighborhood Element, specifically, Policy NH -59 (Cal -Pox site, east of Home Depot) and to confirm its specific application to the subject project site, a similar amendment to Policy NH -59 is proposed to allow for region -serving specialty retail use; and WHEREAS, the City reviewed the certified FEIR to determine if it adequately assesses the environmental impacts of the re -activated project. As a result of this review, expanded and updated information and studies were prepared to address and assess the minor project modifications, resulting in the preparation of an Addendum EIR (Addendum). By separate resolution, the City Council has adopted the Addendum; and WHEREAS, in considering the General Plan Amendment application, the City Council has reviewed and considered the Addendum for the re -activated Target Store project, along with the previously certified FEIR and all applicable mitigation measures therein. As noted above, the certified FEIR has concluded that the proposed project results in unavoidable, adverse environmental impacts due to potential policy conflicts associated with project -related traffic impacts. The City Council has weighed the proposed project benefits against the unavoidable, adverse environmental effects. By separate resolution, consistent with CEQA Guidelines Section 15063 and consistent with San Rafael General Plan 2020 Circulation Element Policy C -5D (Evaluation of Project Merits) and Program C -5c (Exception Review), the City Council has approved the CEQA Findings of Fact, an exception to the Circulation Element Policy C-5 (Level of Service), and a Statement of Overriding Considerations, which support approval of the proposed Target Store project and the accompanying General Plan Amendment application (GPA07-004). Further, this separate resolution approves a Mitigation Monitoring and Reporting Program (MMRP) to ensure that required mitigation measures are incorporated into project action; and WHEREAS, on November 9, 2010, the Planning Commission held a duly noticed public hearing on the proposed General Plan Amendment application, accepting all public testimony and the written report of the Department of Community Development. On a 5-2 vote (Commissioners Kirchmann and Sonnet dissenting), the Planning Commission adopted Resolution No. 10-19 recommending to the City Council adoption of the General Plan Amendment; and WHEREAS, on December 6, 2010, the City Council held a duly noticed public hearing on the proposed General Plan Amendment application, accepting all public testimony and the written report of the Department of Community Development. Following closure of the public hearing, the City Council continued the matter to December 20, 2010 so that staff and the project sponsor could respond to comments from public testimony; and WHEREAS, on December 20, 2010, the City Council held a public hearing, reviewed and considered the proposed General Plan Amendment. Following closure of the public hearing, the City Council continued the matter to a date uncertain in order for staff to prepare a Community Impact Report for this project; and WHEREAS, on April 4, 2011, the San Rafael Community Impact Study of a Proposed Target Retail Store (Community Impact Report) was completed and published consistent with the scope approved by the City Council on January 3, 2011. The Community Impact Report was made available for review. The Community Impact Report has been accepted by the City Council through the adoption of a separate resolution; and WHEREAS, on April 21, 2011, the City Council reviewed and considered the proposed General Plan Amendment; and WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based, is the Community Development Department. 4 NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby approves General Plan Amendment application GPA07-004, amending the San Rafael General Plan 2020 as follows: Amend Land Use Element, Exhibit 11, by expanding the Light Industrial/Office land use description to read: Allowed uses include: Mmotor vehicle services, contractor uses and yards; light manufacturing; distribution; warehousing and storage; incidental employee -serving retail/service; aad-office use a-llewed.: and rep-ion-servine specialty retail when contained in a buildina of 50,000 square feet or Greater in size and located on a site Greater than 10 acres. Other specialty retail uses may be allowed to occupy minor portions of the Light Industrial/Office districts provided that intensity and traffic standards are met and the integrity of the district is not threatened. Amend Neighborhood Element Policy NH -59 to read: Policy NH -59 Cal -Pox Site (east of Home Depot). Allow light industrial/office�a*d specialty retail, and region -serving specialty retail uses. Traffic congestion in the area, prior to needed roadway improvements, may limit development on the site to low -traffic - generating uses. Hotel use may be considered for the site provided that environmental analysis demonstrates that potential hazardous soils conditions are in compliance with State and Federal laws, and that geo-seismic conditions and commercial use conflicts have been mitigated. This adoption of this General Plan Amendment is based on and supported by the following findings: The public interest would be served by the adoption of the proposed amendments to Land Use Element Exhibit 11, which would broaden the permitted land uses for the Light Industrial/Office land use designation to include region -serving specialty retail and to Neighborhood Element Policy NH -59 in that: a. This action would be consistent with and implement San Rafael General Plan Neighborhood Element Program NH -59a. Program NH -59a, which is specific to the Cal -Pox site at the Shoreline Center (125 Shoreline Parkway), directs that, as part of the development review process for this site, land use changes to the General Plan be considered to allow for redevelopment. As anticipated, the proposed land use change to the General Plan has been initiated and proposed in conjunction with the Cal -Pox site redevelopment with a Target Store. b. This action would provide consistency with the zoning provisions of the San Rafael Municipal Code Title 14. Specifically, the proposed amendment to allow region -serving specialty retail use in the General Plan Light Industrial/Office designation would be consistent, in part, with the zoning definition for region - serving specialty retail use in the San Rafael Municipal Code (SRMC) Title 14, (Zoning). SRMC Title 14 defines region -serving specialty retail as generally high -tax -generating retail uses in buildings that are more than 50,000 square feet in size. c. This action would not be growth inducing nor would it be precedent setting as the property and building size criteria required for region -serving specialty retail use allowance would focus application to few qualifying sites. First, the Light 5 Industrial/Office land use designation is adopted for two geographic areas of San Rafael, the Greater Canal/East San Rafael and the Northgate Industrial Park in North San Rafael. Within these two geographic areas there are only two, privately -owned parcels/sites that contain over 10 acres of land area, which are suitable for region -serving specialty retail use, the Home Depot site (III Shoreline Parkway), and the Cal -Pox site (125 Shoreline Parkway, east of Home Depot). Both sites are located at the Shoreline Center in East San Rafael. The following are other sites in the two geographic areas that are 10 acres in size but are not suitable for or probable to be developed with region -serving specialty retail use: 1) 4300 Redwood Highway ("The Vineyard") in Northgate Industrial Park. This 10 -acre site was recently redeveloped with "The Vineyard" light industrial/office complex, where the suites are condominium units that are individually owned. Given the age of this development (new) and division of ownership, redevelopment of this property with region - serving specialty retail use is not probable or practical. 2) The lands of the Golden Gate Bridge, Highway & Transportation District located at 1011 Andersen Drive in East San Rafael. This site is fully developed and occupied by a public -quasi -public transportation service. Given the service needs of this site, redevelopment with region -serving specialty retail use in not probable or practical. 3) The Canalways property located north of the Shoreline Center in East San Rafael (Kerner Boulevard). This property is highly constrained for development given the environmental conditions (wetlands, potential wildlife habitat). Further, as the 111 Shoreline Parkway site is already developed with a region - serving specialty retail use (Home Depot), the proposed amendment would make this use in conformance with the San Rafael General Plan 2020. Lastly, as the 125 Shoreline Parkway site is greater than 10 acres in size and can accommodate the development of a building that is greater than 50,000 square feet, it makes it suitable for a large, region -serving specialty retail development and use, such as a Target Store. Given the property size and opportunity to accommodate a large retail use, the land use assumptions and traffic modeling prepared for the San Rafael General Plan 2020 EIR incorporated and studied traffic projections for a "Large Retailer" in the East San Rafael Census Tract 1122, which generally mirror the traffic projections of the project. The development of a Target Store at this location would be in the public interest in that it would provide a centralized location for a region -serving specialty retail use that would provide a broad variety of goods and high tax generation. In summary, as the proposed text amendments would result in a minimal potential for general application to geographic areas designated for Light Industrial/Office use, the action would not be precedent setting or growth -inducing. The proposed amendment would be generally consistent with the related elements, goals, policies or programs of the San Rafael General Plan 2020 in that: a. Although the proposed amendment has the potential to be in conflict with San Rafael General Plan 2020 Land Use Element Policy LU -2 (Development Timing), Neighborhood Element Policy NH -59 (Cal -Pox Site), Circulation Element Policy C-5 (Traffic Level of Service) and Infrastructure Element I-2 (Adequacy of City Infrastructure and Services), which are adopted for the purpose of avoiding or mitigating a physical, environmental effect associated n with traffic, the City Council has determined, through adoption of a separate resolution of CEQA Findings of Fact and Statement of Findings of Overriding Consideration, that the benefits of the General Plan amendment outweigh the unavoidable, adverse environmental effects of the action. These findings conclude that the amendments would be consistent with and implement Circulation Element Policy C-51) (Evaluation of Project Merits) and Program C - 5c (Exception Review), which acknowledge that the City may approve an action that would exceed the LOS standards set by Policy C-5, if the City finds that the benefits of the project to the community outweigh the traffic impacts. The findings in this separate resolution are reaffirmed herein to support this action to amend the San Rafael General Plan 2020. As summarized in finding I a above, the action would be consistent with and implement San Rafael General Plan 2020 Neighborhood Element Program 59a, which directs that land use and policy changes be considered when reviewing redevelopment of the subject Cal -Pox site. As drafted, overall, the amendments would be consistent with: a) Neighborhood Element Policy NH -52 (New Business Development), by promoting a slightly broader allowance, yet localized application for specialty retail use in the Light Industrial/Office designated areas; b) Economic Vitality Element Policies EV -2 (Seek, Retain and Promote Businesses that Enhance San Rafael), EV -4 (Local Economic and Community Impacts), EV -8 (Diversity of our Economic Base), and EV -13 (Business Areas) by broadening, with limited application, the uses that are permitted in areas that are designated for Light Industrial/Office land use. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution No. 13142 was read and introduced at a special meeting of the City Council on the 2151 day of April 2011, and ordered for a second reading, by the following vote, to wit: AYES: Councilmembers: Heller, Levine and Mayor Boro NOES: Councilmembers: Brockbank and Connolly ABSENT: Councilmembers: None Resolution No. 13142 came up for second reading and final adoption at a regular meeting of the San Rafael City Council on Monday, May 16, 2011 and was adopted by the following vote, to wit: AYES: Councilmembers; NOES: Councilmembers: ABSENT: Councilmembers: CC-Reso GPA 5-16-11 Heller, Levine and Mayor Boro Brockbank and Connolly None "s'5 SIL"Z , &"e'. ESTHER C. BEIRNE, City Clerk %J