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HomeMy WebLinkAboutCC Resolution 13212 (General Plan 2020 Amendments)RESOLUTION NO. 13212 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AN AMENDMENT TO THE SAN RAFAEL GENERAL PLAN 2020 ADOPTING: A) AN UPDATE OF THE HOUSING ELEMENT (5 -YEAR UPDATE); B) A NEW SUSTAINABILITY ELEMENT; C) AN AMENDMENT TO CONSERVATION ELEMENT POLICY CON -3 (WETLAND PRESERVATION); AND D) ELIMINATION OF THE CITY'S PROJECT SELECTION PROCESS (PSP) GPA11-001 The City Council of the City of San Rafael finds and determines that: WHEREAS, on November 14, 2004, the City of San Rafael adopted Resolution Nos. 11664 and 11665 certifying the San Rafael General Plan 2020 Final Environmental Impact Report (General Plan 2020 FEIR) and adopting the San Rafael General Plan 2020 (General Plan 2020). Concurrent with the adoption of the General Plan 2020, and consistent with General Plan 2020 Policy LU -3 and Program LU -3a (Project Selection Process), the City Council adopted Resolution No. 11666 establishing procedures for a citywide Project Selection Process (PSP); and WHEREAS, The General Plan 2020 is comprised of numerous elements, sections and supportive background data, including, among others the following: 1. A Housing Element, which is required by State law. California State Resources Code Section 65588 requires that local agencies periodically review and update its Housing Element. The following adopted General Plan 2020 Housing Element programs acknowledge and address this required periodic review: H -la. Annual Housing Element Review. Provide and annual assessment of housing element implementation through annual review of the General Plan 2020. Provide opportunities for public input and discussion, in conjunction with State requirements. H -5a. Housing Element Update. Undertake housing element updates as required by law or generally every five years. 2. A Conservation Element, which includes strict wetland protection policies and programs. Among the Conservation Element policies and programs is Policy CON -3 (Unavoidable Filling of Wetlands), which discourages the filling of wetlands. Policy CON -3 was re- structured as part of the General Plan 2020, replacing a previous wetland protection policy from the 1988 San Rafael General Plan 2000. WHEREAS, since the 2004 adoption of the General Plan 2020, the City has adopted numerous amendments to the Plan consistent with the provisions of State Government Code Section 65358. The State law recognizes that the General Plan is intended to be amended periodically in that over time: a) there are changes in conditions and circumstances; b) changes in regulations and laws; and c) that community goals and policies evolve. Further, as goals and policies are tested through interpretation implementation, it is not uncommon that they are revised or amended to improve their application. Accordingly, General Plan Amendment GPA11-001 was initiated by the City to address the following activities and actions: I� A. Amending the Housing Element As discussed above, California State Resources Code Section 65588 requires that local agencies periodically review and update its Housing Element. Further, a 5 -year update is required by General Plan 2020 Programs H -la and H -5a. Amendments to the Housing Element text and supportive Background Report have been prepared. The key changes are summarized as follows: 1. Housing goals and strategies are expanded to reinforce land use patterns that support lifestyles that will reduce reliance on carbon -based transportation. Some policies and programs are expanded to address standards and tools for promoting housing around the Downtown and Civic Center transit hubs. 2. The time frames for implementing certain Housing Element programs have been updated and revised. A number of element policies and programs are proposed for amendment to expand sources and resources for housing subsidies, grants, trust funds and alike. 4. A new Program H-llf is proposed to require applicants/developers to provide relocation assistance for low-income residential unit renters displaced by new development. Existing Program H -16d (Emergency Shelters) and new Program H -16e (Transitional and Supportive Housing) are amended and added, respectively, to respond to the State mandate of SB2 (zoning obligations to accommodate housing for the homeless). 6. New Program H -18c is proposed to encourage the use of the CEQA Guidelines exemptions for in -fill residential development, whenever possible and appropriate. An amendment to Program H -18g (Revisions to Parking Standards) is proposed to increase flexibility in parking requirements for housing developments. Existing Program H -22a (High Density Infill Housing Near Transit) and new Program H -22b (Station Area Plans) are amended and added, respectively, to address housing for the Downtown and Civic Center SMART station area plans. New Programs H -25d (Required Parking for Second Dwelling Units), H -25e (City Fees to Reduce Second Dwelling Unit Costs) and H -25f (Detached Second Dwelling Unit Stock Plans) are proposed to study ways for increasing the stock and reducing the costs of second dwelling units. 10. Some programs are proposed to be deleted because they have been: a) implemented; b) replaced or are obsolete; or c) deleted due to funding cuts. 11. The Housing Element Background Report (General Plan Appendix B) has been revised to incorporate updated data on population, housing, incomes; household characteristics; and SB2 requirements. This report has been reorganized to match the $fate, of California Department of Housing and Community Development (HCD) %% format. Further, the list of housing sites in this report have been updated to consistent with state laws, specifically listing sites that are presently zoned or planned to accommodate residential land use offering densities of up to 30 dwelling units per acre. In addition to the above, the Housing Element Update includes a number of general and grammatical edits to text. The Housing Element Update does not result in as of the following: ➢ Changes to the adopted residential land use designations or their respective density parameters ➢ Changes to the adopted land use designations for individual properties/sites ➢ Changes in the housing projections from those projections published in the currently adopted Housing Element The amendments to the Housing Element and supportive Background Report are presented in underline/strikeout format in attached Exhibit A of this resolution. B. Incorporating a New Sustainability Element Since 2004, concern over global warming and climate change has accelerated. Information on climate change is ever-changing and technology on how climate change is assessed and determined has continued to evolve. Since 2004, the City of San Rafael has addressed climate change as follows: In 2009, the City adopted the San Rafael Climate Change Action Plan 2009 (CCAP). The CCAP was prepared and adopted in response to A1332, the California Global Warming Solutions Act, which established a statewide goal for short- and long-term reductions in greenhouse gas (GHG) emissions. The CCAP includes a list of 48 implementing programs grouped into four categories that provide strategies for, among others, transportation, waste reduction, land use, energy conservation and carbon sequestration. A number of the implementing programs have been or are currently being implemented by the City. In 2010, in response to SB97, the State of California CEQA Guidelines were updated to incorporate GHG emissions as a mandatory topic of study for environmental review. As follow-up, the Bay Area Air Quality Management District (BAAQMD) updated its CEQA Guidelines and adopted thresholds of significance for GHG emissions. To comply with these thresholds and to minimize technical study of GHG emissions for every new development project, BAAQMD recommends that each local agency adopt a "Qualified GHG Emissions Reduction Strategy." The purpose of this strategy is to quantify GHG emissions based on projected growth in the community and to implement measures to effectively reduce these emissions. In 2010, the City determined that it would be practical and valuable to prepare a qualified reduction strategy. In response to S1332, a Sustainability Element has been prepared for incorporation into the General Plan 2020. The purpose of the Sustainability Element is to memorialize adopted CCAP measures into the General Plan. As a new General Plan element entitled "Sustainability," the text incorporates CCAP measures as new policies and programs in the San Rafael General Plan 2020. This element does not replace the CCAP; rather, in many ways, the CCAP will serve as a subset of the Sustainability Element, as it will continue to be used as a tool for monitoring GHG emissions and addressing changes resulting from new laws and technologies. 4. A GHG Emissions Reduction Strategy has been prepared to provide technical support to the Sustainability Element and adopted CCAP. This strategy is proposed as a technical appendix (Appendix E) to the adopted CCAP so as to meet the BAAQMD requirements for a Qualified GHG Emissions Reduction Strategy. The strategy includes: an emissions inventory; GHG emissions projections for 2020 and 2035 (per SB375); target reductions; application of CCAP GHG emissions reduction measures; and a checklist to use for reviewing new development projects to ensure that they incorporate GHG reduction measures into the project design and operation. The new Sustainability Element text is presented in attached Exhibit B of this resolution. The GHG Emissions Reduction Strategy is on file with the City of San Rafael Department of Community Development and is recommended for adoption by separate resolution. C. Amending Conservation Element Policy CON -3 (Unavoidable Filling of Wetlands) Conservation Element Policy CON -3 is a very specific policy that discourages the filling of wetlands. Since the 2004 adoption of Policy CON -3, application of this policy has proved to be challenging in reviewing development projects that have involved wetland protection and proposed wetland fill. Specifically, the policy provides little flexibility in interpreting avoidance of wetland fill, and current policy terms such as `hydrologically isolated' and `historic drainages' have been difficult to define and interpret and problematic in their application of actual site and wetland conditions. It was determined that the policy text warranted refinement to provide better clarity, minimize inconsistent interpretation and address problematic conditions and terms without compromising the purpose or intent to protect and preserve wetlands. Amended text is proposed for this policy to provide better clarity for interpretation and implementation. Text amendments to Policy CON -3 and new text defining "wetlands" are presented in attached Exhibit C of this resolution. D. Eliminating the Project Selection Process (PSP) The General Plan 2020 includes policies and programs addressing the City's Project Selection Process (PSP). Essentially, the PSP is a competition process for new land development. Because of limited short-term traffic capacity in many areas of San Rafael, and the time frame for funding and constructing needed, long-term needed transportation improvements for these areas, the PSP was established as an equitable way to allocate the limited, short-term traffic capacity to selective, high priority land development projects offering public benefits. The PSP does not grant an entitlement to develop or build, nor is it a permit that vests land development approvals. Rather, the PSP merely grants a "placeholder" of traffic allocation to a development project, which is valid for two years. The PSP has "run -its -course" and no longer serves as a critical tool for the City in that: a) the community is now largely built -out and there are very few remaining land development opportunities and large undeveloped/underdeveloped sites; b) over time, the process did not result in yielding much more public benefit than the amount that could be obtained through the conventional project review process; and c) the limited traffic capacity has either been used up or needed transportation improvements have been implemented. 4 The PSP is specifically addressed in Land Use Element Policy LU -3 and Program LU -3a, and is referenced throughout the General Plan 2020. Text amendments eliminating policies, programs and text references to the PSP are presented in attached Exhibit D of this resolution. The above amendments have been grouped for review and consideration as one action, General Plan Amendment GPAI 1-001; and WHEREAS, consistent with City Council Resolution No. 8379 and State Government Code Section 65356, General Plan Amendment GPA I1-001 has been processed consistent with adopted referral and scheduling procedures. As required, the project was referred to local agencies and utility/service districts for review and comment; and WHEREAS, on April 20, 2011, in accord with California Government Code Section 65352.3(a), specifically the directive of Senate Bill 18 (SB18), the Department of 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, consistent with State Government Code Section 65585, the draft amendments to the Housing Element have been distributed to the State of California Department of Housing and Community Development (HCD) for review and comment. HCD staff has reviewed the draft amendments to the Housing Element, have met with City staff to discuss the content and recommendations, and have provided written comments on the element. As a result, revisions were made to the proposed amendments, which are reflected in attached Exhibit A; and WHEREAS, the draft GHG Emissions Reduction Strategy, providing technical support to the adopted CCAP and proposed Sustainability Element has been distributed to the Bay Area Air Quality Management District (BAAQMD) for review and comment. BAAQMD staff has reviewed and commented on the strategy, and revisions have been made to address these comments; WHEREAS, in preparing the proposed amendments to Conservation Element Policy CON -3, the City staff consulted with the representatives of the Marin Conservation League and the General Plan 2020 Focus Group. As a result, significant changes were made to the text of Policy CON -3 to better improve clarity for interpretation. Further, a definition for `wetland' was added to assist in implementing the Conservation Element policies and programs; and WHEREAS, following the initiation of the General Plan Amendment GPAII-001 application, 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) review of the certified General Plan 2020 FEIR to determine if it adequately assesses the environmental impacts of the project; and b) the preparation of an Initial Study to determine if the project would result in new significant impacts, and increase in the severity of the impacts, or new or expanded mitigation measures from those analyzed and determined in the General Plan 2020 EIR. As a result of this review, an Addendum to the General Plan 2020 FEIR (Addendum No. 2) was prepared. The City Council has adopted Addendum No. 2 by separate resolution; and WHEREAS, on June 28, 2011, the Planning Commission held a duly noticed public hearing on the proposed General Plan Amendment GPA11-001. On a 4-0-2 vote (Commissioners Sonnet and Lang absent), the Planning Commission adopted Resolution No. 11-08 recommending to the City Council the adoption of General Plan Amendment GPA 11-001; and WHEREAS, on July 18, 2011, the City Council held a duly noticed public hearing on proposed General Plan Amendment GPAI I-11, accepting all public testimony and the written report of the Department of Community Development; 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 approves General Plan Amendment G11-001, amending the General Plan 2020 with the text edits presented in attached Exhibits A through D. This action is based on and supported by the following findings: 1. The public interest would be served by the adoption of proposed General Plan Amendment GPA11-001 in that: a. Regarding the amendments to the Housing Element, this action would comply with State law and would implement Housing Element Program H -5a (Housing element Update) by ensuring that local housing data is updated regularly and by promoting a tracking system that ensures the local housing quotas have been addressed. Secondly, this action would implement Housing Element Program H - la (Annual Housing Element Review) by providing opportunities for public input and discussion in conjunction with the State requirements. Thirdly, this action would: 1) introduce new policies and programs such as H -16d (Emergency Shelters) and H -18c those that would promote opportunities for safe, permanent housing for the homeless, which would comply with S132; and 2) delete programs that have been implemented. Further, existing policies and programs such as Program H -22a (High Density Infill Housing Near Transit) would promote more expeditious review of residential projects located near transit, which would reduce vehicle miles traveled and greenhouse gas emissions. In conclusion, adoption of the updated Housing Element would be in the best interest of the public as it would provide updated information and data on housing, population and demographics, which is critical in determining San Rafael's mid- and long- term housing needs and goals. b. Regarding the introduction of a new Sustainability Element, this action would incorporate into the General Plan 2020, the City -adopted Climate Change Action Plan (CCAP, 2009), which provides a road map for increasing sustainability in San Rafael. Increasing sustainability is in the best interest of the public and community as it would: 1) place less reliance on the use and consumption of fossil fuel and non-renewable resources; 2) decrease greenhouse gas emissions; and 3) promote support for local -based businesses and activities. Most importantly, adoption of the Sustainability Element ensures that the measures embedded in the adopted CCAP will be implemented with the goal of reaching compliance with SB32 and S13375. c. Regarding the amendment to Conservation Element Policy CON -3 and the addition of a definition for `wetland,' this action would provide better clarity, 2 minimize inconsistent interpretation and remedy current problematic conditions and policy text terms, which would improve and provide clearer direction for review of proposals that impact or effect wetlands. Further, the amended text for Policy CON -3 would provide clearer direction on the criteria filling small, isolated wetlands, and the addition of a wetland definition would appropriately reference the US Army Corps of Engineers as the agency with the oversight of delineating wetlands. d. Regarding the amendment addressing the City's Project Selection Process (PSP), this action would eliminate a process that is no longer a critical element in development review and transportation management. Specifically: l) the San Rafael planning area is largely built -out and the there are very few remaining land development opportunities and few large undeveloped/underdeveloped sites; and 2) the limited traffic capacity for which this process managed has either been used up or needed transportation improvements have been implemented. As this process has run -its -course and is no longer a useful or critical tool for the City, it is in the best interest of the community to discontinue it. Adoption of General Plan Amendment GPAI 1-001 would not be growth inducing nor would it be precedent setting in that: a. The amendments to the Housing Element would not: 1) result in changes to the adopted residential land use designations or their respective density parameters; 2) result in changes to the adopted land use designations for individual properties/sites; or 3) result in changes in the housing projections from those projections published in the currently adopted Housing Element. Further, the amendments to the Housing Element do not expand the City's planning area and would therefore not induce new growth from that projected under the current General Plan 2020. b. As discussed above, the addition of a new Sustainability Element would incorporate into the General Plan 2020, the City -adopted Climate Change Action Plan (CCAP, 2009), which provides a road map for increasing sustainability in San Rafael. The policies or programs of this new element would not induce new growth from that projected under the current General Plan 2020, nor would the policies and programs set a precedent that would be impacting to future actions taken by the City. While policies of the new Sustainability Element recommend study of concentrated and increased housing density around transit centers, the purpose is to concentrate growth in the urban areas, rather than induce or place pressure on growth in the outlying areas. c. As discussed above, the amendment to Conservation Element Policy CON -3 and the addition of a definition for `wetland' would provide better clarity and direction in implementing wetland protection goals. Neither the text edits to Policy CON -3 nor the wetland definition are crafted to induce wetland fill or growth, nor are they crafted to be site-specific. Further, the proposed text amendments are broadly written to avoid a precedent that would impact future actions that are taken by the City on wetland issues. d. As discussed above, the text amendments to eliminate the Project Selection Process (PSP) would discontinue a land development competition process. As this process grants a traffic allocation to a development project for a limited period of time, it is not a land use or development entitlement that is subject to environmental review. Therefore, the elimination of the Project Selection Process would have no impact on community growth nor would this action be cause to set a citywide precedent. 7 Adoption of General Plan Amendment GPA11-001 would be consistent and would not conflict with the related elements, goals, policies or programs of the San Rafael General Plan 2020 in that: a. As drafted, overall, the amended Housing Element would be consistent with: a) Housing Element Program H -la (Annual Housing Element Review) as it presents an updated assessment of housing conditions, data and issues, and provides opportunities for public input and discussion; b) Housing Element Program H -5a as it represents a 5 -year update of this element, as required by State law. b. As drafted, the new Sustainability Element introduces policies and programs that would be consistent with many currently -adopted policies and programs in General Plan 2020 that are intended to address sustainability, which include, among others: Housing Element Program H-1 lc (Rehabilitation and Energy Loan Program) and Policy H-14 (Innovative Housing Approaches), Policy H-22 (Infill Near Transit), Program H -22a (Higher Density Infill Housing Near Transit); Neighborhood Element Policy NH -6 (Bicycle- and Pedestrian -Friendly Streets), NH -30 (Pedestrian Environments), NH -86 (Design Considerations for Development in the Vicinity of the Civic Center, NH -88 (Sonoma Marin Area Rail Transit — SMART Station); Economic Vitality Element Policy EV -6 (Shop Locally), Policy EV -11 (Promotion of Workplace Alternatives), Policy EV -12 (Workforce Housing); Circulation Element Policy C-11 (Alternative Transportation Mode Users), Program C-11 b (Car Sharing), Program C-11 c (Low Impact Alternative Vehicles), Policy C-12 (Transportation Demand Management), Policy C-15 (Transit Needs), Policy C-17 (Regional Transit Options), Policy C-20 (Intermodal Transit Hubs), Policy C-26 (Bicycle Plan Implementation), Policy C-27 (Pedestrian Plan Implementation), Policy C-32 (Parking for Alternative Modes of Transportation); Infrastructure Element Policy I-8 (Street Trees); Safety Element Policy S-20 (Levee Upgrading), and Policy S- 21 (Rise in Sea Level). c. As drafted, the amendment to Conservation Element Policy CON -3 and the addition of a definition for `wetland' would be consistent and not in conflict with: 1) Policy CON -1 in that important environmental resources would continue to be protected; 2) Policy CON -2 in that the importance of wetland preservation would not change nor would the amendments compromise this importance; and 3) Goal 31 in that the overall goal to protect habitat would not be impacted. Wetland protection and preservation has been of utmost priority to the City of San Rafael and the proposed amendment to Policy CON -3 and the addition of a definition for wetland would not change this priority, but would reinforce the current wetland goals and policies of the Conservation Element. d. The Project Selection Process (PSP) has provided an effective and equitable way of distributing limited traffic capacity to development projects in traffic -sensitive areas. Discontinuing the Project Selection Process would not conflict with Land Use Element Policy LU -2 (Development Timing) and Program LU -2a (Development Review), or Circulation Element Policy C-5 (Traffic Level of Service) or Program C-513 (Evaluation of Project Merits). As discussed above, the PSP grants a traffic allocation to a development project for a limited period of time and it is not a land use or development entitlement that is subject to environmental review. The above policies and programs would continue to review land development and their associated environmental impacts on a case- by-case basis. BE IT FURTHER RESOLVED, that as part of the review and action to adopt General Plan Amendment GPA11-001, the City Council considered the Planning Commission's recommendations on homeless shelter zoning options for four areas/sites to address the requirements of Senate Bill 2 (SB2), which are provided in a text box on page 33 of the Housing Element Background Report (attached Exhibit A2 [General Plan 2020 Appendix B]). The City Council's action on General Plan Amendment GPAII-001 hereby: a) deletes the text box in Exhibit A2, page 33; and b) determines that the Light Industrial/Office (LI/O) and General Commercial (GC) zoning districts located south of Bellam Boulevard and east of I-580 is the preferred area for homeless shelter zoning consistent with SB2 requirements, and directs staff to prepare Zoning Ordinance amendments to address this zoning for review and adoption by the Planning Commission and City Council. I, Esther C. Beirne, 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 18`h day of July, 2011, by the following vote, to wit: AYES: Councilmembers: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None ESTHER C. BEIRNE, City Clerk ATTACHMENTS: Exhibit AI and A2 - Amendments to Housing Element and Housing Background (Appendix B) Exhibit B- Introduction of new Sustainability Element Exhibit C- Amendments to Conservation Element Policy CON -3 Exhibit D- Amendments to General Plan 2020 text eliminating Project Selection Process (PSP) W:/.../GPA 11-001 /GPA 11-00 ] .CC-reso_GPA 7 18 11 (revised 7-18-11) G