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HomeMy WebLinkAboutCC Resolution 11665 (Adopt General Plan 2020)RESOLUTION NO. 11665 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL TO ADOPT SAN RAFAEL GENERAL PLAN 2020 THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: WHEREAS, the current San Rafael General Plan 2000 was adopted on July 8, 1988, and was periodically revised thereafter; and WHEREAS, in May 2000, the City Council of the City of San Rafael determined that it was necessary and desirable to comprehensively update San Rafael General Plan 2000, and appointed 19 people to the San Rafael General Plan Steering Committee, charging them with preparing a recommended General Plan for the City of San Rafael; and WHEREAS, in accordance with Section 65351 of the California Government Code, over a three year period, the City, through the efforts of the General Plan 2020 Steering Committee, has successfully facilitated public participation in the process of preparing a new general plan. This public participation program informed the public on an on-going basis of the progress of plan development; obtained public input to define major issues and to draft and critique policies and implementing programs; and, informed decision makers of public opinions and proposed planning approaches; and WHEREAS, between the summers of 2000 and 2003, the Steering Committee met for 39 public meetings in neighborhoods throughout the City, and in addition, conducted the following community outreach: • In the fall of 2000, the Steering Committee members met with 42 community groups and heard from over 700 people to identify the most important planning issues in San Rafael. • Between September and November 2000, over 170 people attended a two-day Town Meeting to discuss a future vision of the City, 25 youth attended a second visioning session at the Teen Center, and nearly 40 people participated in a visioning workshop held in Spanish at Bahia Vista School. • In December 2000, the City Council appointed 45 people to serve on Task Groups to prepare Citywide policy recommendations to implement the General Plan goals. Altogether and individually, there were 23 Task Group sessions. In May 2001, the Task Groups hosted an Open House where an estimated 150 people attended so the community could review and comment on the draft policy directions. The Task Groups presented their recommendations to the City Council in June 2001. • In January 2002, the Steering Committee hosted a Community Design Charrette to obtain ideas regarding future development and change in San Rafael. Over 100 community members and 48 volunteer architects participated in the charrette and studied the Canalfront, Loch Lomond, Marin Square, Medway, Northgate and Woodland Avenue areas. • During Spring 2002, 18 community groups, consisting of 214 people, helped to evaluate the housing potential of various sites and whose feedback was used to prepare a "housing sites" list for the Housing Element. • In October 2002 the draft Housing Element was reviewed at a community workshop with over 100 people attending. • In May 2003, about 40 people attended a workshop to review results from the General Plan traffic modeling. • During Spring 2003, 15 "loop out" meetings with over 280 people were conducted to give community groups an overview of the emerging General Plan 2020 recommendations. • In June 2003, the Steering Committee held a Community Open House on the draft General Plan 2020 with approximately 150 people attending; and WHEREAS, on August 4, 2003, the General Plan Steering Committee presented its recommended Draft General Plan 2020 to the City Council that contained the following elements: • The Land Use Element, which is a required element, establishes the planned land use pattern for San Rafael based on historic development and the community's vision for the future. • The Housing Element, which is a required element, that continues to provide a wide range of housing densities to allow a variety of housing types to meet the different needs of San Rafael's population. Policies would also continue to encourage innovative financing, below market rate housing, density and height bonuses for affordable housing, and community partnerships to assist in the development of affordable housing and to prevent discrimination in San Rafael's housing market. The draft Housing Element has been reviewed by the California Department of Housing and Community Development, and the reviewer's suggestions for additional information resulted in revisions and additional information incorporated in the recommended draft Housing Element. • The Neighborhoods Element, which is a new optional element, consolidates General Plan 2000 residential policies, policy recommendations in Vision North San Rafael, and policies in various neighborhood plans (adopted plans include Gerstle Park, Neighborhood 13/14 [SunValley/Fairhills], Peacock Gap, Northgate Activity Center, East San Rafael, and Montecito/Happy Valley; community plans never adopted include Our Vision of Downtown, Canal Voice, and Vision North San Rafael). The General Plan 2020 Neighborhoods Element would replace all existing adopted neighborhood plans. • The Community Design Element, which is a new optional element, provides policies and programs to guide development of the City's built environment and create an appealing, functional, and safe city. • The Economic Vitality Element, which is a new optional element, establishes policies supporting economic development and diversity in San Rafael. The element includes policies to implement San Rafael's Economic Vision. The focus of the element is on sustaining a strong forward-looking economy through retaining existing and seeking new businesses, encouraging infill and enhancing the City's business areas. • The Circulation: Element, which is a required element, establishes policies affecting the movement of people, goods and vehicles within and through the City. The central focus of the Circulation Element is on creating a more diversified, safe, cost- effective, and resource -efficient transportation network. • The Infrastructure Element, which is a new optional element, provides policies and programs for the planning, construction, management, and maintenance of public facilities provided by the City of San Rafael related to roads, drainage, telecommunications, water and power systems, and other facilities. • The Governance Element, which is a new optional element, identifies policies and programs to support community involvement in local government, partnerships with educational efforts, collaborative efforts with community groups, and sound fiscal practices. • The Culture and Arts Element, which is a new optional element, identifies policies and programs to encourage, promote, and provide arts and cultural activities. The element would also provide for the expansion of library services, and for the protection and maintenance of historic buildings and archaeological resources. • The Parks and Recreation Element, which is an optional element, provides policies and programs, which identify San Rafael's park facilities, describe the community's recreation needs, and establish policy direction on park and recreation improvements. • The Safety Element, which is a required element, focuses on reducing the potential risk of death, injury, damage to property, and economic and social disruption resulting from fire, flood, seismic and geologic hazards, and other public health and safety hazards, including hazardous materials. • The Noise Element, which is a required element, includes standards to protect people from excessive, unnecessary and unreasonable noises in the community. • The Open: Space Element, which is a required element, protects San Rafael's open spaces to ensure their continued preservation. Policies also identify additional open spaces to preserve, encourage management of open spaces, and address appropriate access to and use of open space. • The Conservation Element, which is a required element, protects natural resources to ensure their economic and recreational value, as well as their ecological value. Policies address water, air quality, and wildlife and cover the following topics: wetlands; diked baylands; creeks and drainageways; native plants; animals and habitat; and resource management. • The Air and Water Quality Element, which is a new optional element, promotes actions to maintain high quality air and water in San Rafael; and WHEREAS, on May 6, 2003, in accordance with requirements of state law, the City, as Lead Agency under the California Environmental Quality Act ("CEQA"), issued a Notice of Preparation ("NOP"), informing public agencies of the City of San Rafael's intent to prepare a Draft Environmental Impact Report ("Draft EIR") for the City of San Rafael General Plan 2020 and solicited input from Federal, State, regional, and local agencies as well as interested parties; and WHEREAS, the City prepared a Draft EIR, dated February 2004, for Draft General Plan 2020 which was circulated to the State Clearinghouse, local agencies, and members of the public, and advertised for availability for a 45 -day public and agency comment period beginning on February 9, 2004 and ending on March 24, 2004; and WHEREAS, on February 24, 2004 the Planning Commission held a duly -noticed public hearing on the Draft EIR wherein public comments on the Draft EIR were received and considered; and WHEREAS, a Final Environmental Impact Report ("Final EIR"), which includes the Draft EIR, responses to all comments received on the Draft EIR as well as on the Draft General Plan 2020, and revisions to the Draft EIR; and the Final EIR was made available to the public on August 9, 2004; and WHEREAS, on September 15, 2004 the City Council held a duly -noticed public hearing on the Final EIR, and subsequently responded to all comments submitted either orally or in writing at the hearing on the Final EIR; and WHEREAS, on February 9, 2004, in accordance with Section 65352 of the California Government Code, the Draft General Plan 2020 was referred to local and regional agencies for review and comment, including communications with the Marin Municipal Water District in accordance with section 65352.5 of the California Government Code; and WHEREAS, the Planning Commission held at least two public hearings on each element of Draft General Plan 2020, including duly -noticed public hearings on January 13, January 27, February 10, February 24, March 9, March 23 and March 30, 2004; and WHEREAS, on March 30 and April 27, and May 19, 2004 the Planning Commission held public hearings on the draft Affordable Housing Ordinance, the draft Project Selection Process, the draft Design Guidelines, and the draft Zoning Ordinance text and map amendments, and provided direction to staff on desired changes to these implementing ordinances and resolutions; and WHEREAS, the Planning Commission received hundreds of comments on the Draft General Plan 2020. During their first review of the draft Plan's elements, the Commissioners gave staff direction on revisions of the policies and program statements. On May 25, 2004, the Commissioners reviewed staff's draft report titled "Responses to Comments on the Draft General Plan 2020" that included public comments, staff suggestions and Planning Commission initial recommendations; and WHEREAS, on May 25, June 29, July 8, and August 24, 2004, the Planning Commission continued their final review of the Draft General Plan 2020 and the draft May 250' report summarizing their recommendations, and made final recommendations on their desired edits to the draft General Plan 2020; and WHEREAS, on July 13, 2004, the Planning Commission reviewed a second time the draft implementing ordinances and resolutions for affordable housing, design guidelines, Project Selection Process and the zoning ordinance text and map amendments; and WHEREAS, during the Planning Commission meetings, the Commissioners voted on a number of issues including the following: 1. Circulation Level of Service (LOS) Standards (C-5)— There was a 4:2 vote in favor of the Steering Committee's recommended LOS standards. Two Commissioners felt that deterioration of LOS should only be allowed when safety improvements are built. 2. Cal -Pox Site (NIII-87) — There was a vote of 5:2 in favor of not encouraging the consideration of residential uses on site because of environmental and land use concerns. Two Commissioners felt that this is an appropriate site for residential development, and that the environmental issues could be addressed through the environmental review process. The 4 Commission was unanimous in revising policy language to encourage future consideration of a hotel as an allowed land use. 3. Loch Lomond (NH -121) — The Commissioners agreed upon recommended language for this policy. However, three Commissioners desired a minimum density of 6.5 units per acre for areas zoned Neighborhood Commercial while three Commissioners desired more flexibility in the minimum numbers. No revision was made to the draft policy regarding a minimum density. One Commissioner voted against the revised policy language for the Loch Lomond Marina site, believing it was too specific for a General Plan. 4. Windward Way Site as new park (PR -9) — Commissioners voted 5:2 in favor of deleting a sentence related to allowing private non -recreational development on the City's Windward Way site in exchange for park improvements. Two Commissioners were interested in retaining the sentence in order to maximize opportunities for funding improvements at the site. 5. Downtown Cineplex (NTLI -17a) — Although all Commissioners voted in favor of this policy, one Commissioner noted that he did not agree that a Cineplex would improve the ambiance of Downtown. 6. Conservation policies CON -4 and CON -6 — Commissioners voted 6:1 in favor of deleting the "taking" language in these policies, including it instead in a policy that would address all potential `taking' issues, and not just those related to fill in wetlands or setbacks from creeks and drainageways; and, WHEREAS, on August 24, 2004 the Planning Commission adopted Resolution 04-22 recommending to the City Council adoption of the San Rafael General Plan 2020; and WHEREAS, a revised draft plan, dated September 15, 2004, incorporating the Planning Commission's edits was prepared for the City Council and made available to the public; and WHEREAS, on September 15, 2004 the City Council held a duly -noticed public hearing to receive and consider comments on the Final EIR; and WHEREAS, on September 27, 2004 the City Council held a duly -noticed public hearing to receive and consider comments on various specific topics within General Plan 2020 including proposed land uses at the Loch Lomond Marina, Canalways and the Cal -Pox sites; and WHEREAS, on September 28, 2004 the City Council held a duly -noticed public hearing to receive and consider comments on the Circulation Element, Land Use Element, Neighborhood Element, Economic Vitality Element, and the Community Design Element of General Plan 2020; and WHEREAS, the City Council also held a duly -noticed public hearing regarding the proposed Traffic Mitigation Fee on September 28, 2004; and WHEREAS, on October 4, 2004 the City Council held a duly -noticed public hearing to receive and consider comments on the Infrastructure Element, Governance Element, Culture and Arts Element, Parks and Recreation Element, Safety Element, Noise Element, Open Space Element, Conservation Element, Air and Water Quality Element, and Housing Element of General Plan 2020; and 5 WHEREAS, the City Council also held a duly -noticed public hearing on the draft Affordable Housing Ordinance and other proposed Zoning Ordinance amendments on October 4, 2004; and WHEREAS, on October 5, 2004 the City Council held a duly -noticed public hearing to receive and consider comments on the proposed Design Guidelines and Project Selection Process that are to be adopted by City Council Resolutions; and WHEREAS, on October 19, 2004 the City Council held a special meeting at which it considered all of the comments previously received and also considered responses to those comments prepared by City staff and shown in the staff report: 1. Cal -Pox Site (NH -87) — The Council discussed the possibility of allowing consideration of residential use on this isolated former dump site in a commercial area, and determined that residential would not be an appropriate use at this location. 2. Loch Lomond Marina (NH -121) — The Council made several edits to the policy to highlight the importance of preserving the marina as a public amenity, to refine the `affordable by design' policy, to clarify the location of the view corridor down the main entryway, and to include a recreational area along the waterfront (rather than in the center of the site, or along the entryway). 3. San Rafael Rock Quarry and McNear Brickworks (NH -147) — The Council approved the addition of a statement about the current reclamation plan for the Quarry. 4. Exception Review (C -5c) — The Council approved staff's recommended edits, with two changes to add the word "substantially" to the finding. 5. Flexibility in Design of Roadway Improvements — The City Council approved including a new sentence in policy C-7 about other feasible design solutions. 6. Mahon Creek (I-1 Oc) — The Council approved adding a new program about Mahon Creek. 7. Bellam/Windward Way Site (PR -9a) — The Council approved including a sentence to allow for development of a portion of the site in exchange for funds for park improvements. 8. Lincoln/San Rafael Hill (PR -9x and NH -120x) — The Council approved adding two policies about a new park in the Lincoln/San Rafael Hill neighborhood. 9. Sale, Lease or Contractual Agreements (PR -27) and Use of Funds from Sale of City Parks or Open Space (PR -27a) — The Council agreed to revise the wording to allow for more flexibility in the use of public funds for park purchase and /or improvements. 10. Exhibit 37 — The Council agreed to revise the map to reflect new information about Clapper Rail habitat; and WHEREAS, the City prepared responses to all the comments received either orally or in writing on the Final EIR and General Plan 2020, and those responses are included in the November 15, 2004 staff report recommending certification of the Final EIR; and WHEREAS, the City Council has proposed amendments to Draft General Plan 2020 as recommended by the Planning Commission, which proposed amendments are attached as Exhibit A; and WHEREAS, the City has determined that those proposed amendments to Draft General Plan 2020 do not require further consideration of Draft General Plan 2020 by the Planning Commission pursuant to Government Code section 65356; and WHEREAS, the City Council, in approving Resolution No. 11664, has certified that the Final EIR for General Plan 2020 has been completed in compliance with CEQA; that the Final EIR is legally sufficient, not only for approval of General Plan 2020, but also for subsequent 6 actions such as projects that are consistent with General Plan 2020, rezonings, prezonings, annexations, and revisions to the San Rafael Municipal Code and regulations as necessary to implement the provisions of General Plan 2020; and that the Final EIR reflects the independent judgment of the City of San Rafael and the City Council of the City of San Rafael; and WHEREAS, in compliance with Government Code section 65585(a), the City considered the guidelines adopted by the California Department of Housing and Community Development ("HCD") in preparing its Housing Element; and WHEREAS, in conformance with Government Code section 65585(b), the City submitted a draft Housing Element to HCD on April 4, 2003; January 9, 2004; and August 27, 2004, and, in its submittals of January 9, 2004, and August 27, 2004, responded to HCD findings dated June 6, 2003, and March 12, 2004 to substantially comply with the requirements of Article 10.6 of the Government Code; and WHEREAS, by letter dated October 29, 2004, HCD determined that the Housing Element should be further revised to expand the inventory of land suitable for residential development; and WHEREAS, the City Council has considered the findings of HCD in its consideration of General Plan 2020; and WHEREAS, pursuant to Government Code section 65585(f)(1), the City Council has changed the draft Housing Element to substantially comply with the requirements of Article 10.6 of the Government Code by: a. Including additional information, as requested by HCD, regarding Northgate Town Center mall, the Elks Club site, and sites in the Downtown area. b. Providing additional discussion of all land made available for development, including development affordable to lower income households, and clarifying in its policies and programs the City's commitment to make available adequate sites for housing, including sites appropriate for development of housing affordable to lower income households. c. Adding programs and strengthening existing programs to provide adequate sites, including providing additional regulatory and financial incentives for housing affordable to low- and moderate -income households; and WHEREAS, the City Council has determined that that Housing Element includes a policy regarding working collaboratively with the County of Marin and other local jurisdictions to develop a long-range housing policy, in that Housing Policy H-6 requires that the City coordinate with other jurisdictions in Marin County to address housing needs in the County; and WHEREAS, the final Housing Element, including responses to HCD's October 29, 2004 comments, shall be transmitted to HCD immediately following adoption, and the City shall duly consider additional modifications to the Housing Element if deemed necessary following further HCD review; and WHEREAS, by staff report accompanying this Resolution and incorporated into this Resolution by this reference (the "Staff Report"), the City has been provided with additional information upon which the findings and actions set forth in this Resolution are based. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael 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 of the City Council set forth below. BE IT FURTHER RESOLVED that the City Council of the City of San Rafael does hereby repeal Resolution 7771 for General Plan 2000 adopted July 18, 1988, Resolution 5629 adopted March 5, 1979 for the Gerstle Park Neighborhood Plan, Resolution 5968 adopted September 2, 1980 for the Neighborhood 13/14 [Sun Valley/Fairhills] Neighborhood Plan, Resolution 6038 adopted December 1, 2980 for the Peacock Gap Neighborhood Plan, Resolution 6423 adopted October 18, 1982 for the Northgate Activity Center Neighborhood Plan, Resolution 8172 adopted May 7, 1990 for the East San Rafael Neighborhood Plan, and Resolution 9569 adopted March 18, 1996 for the Montecito/Happy Valley Neighborhood Plan, recognizing that these plans will be replaced with the Neighborhoods Element. BE IT FURTHER RESOLVED that the City Council of the City of San Rafael does hereby adopt General Platt 2020, with the modifications thereto set forth in Exhibit A. BE IT FURTHER RESOLVED that the City Council hereby instructs staff to formally request that the Marin Local Agency Formation Commission ("Marin LAFCO") initiate proceedings to remove the St. Vincent's/Silveira Properties from the City's Sphere of Influence as depicted on Exhibit 1 of San Rafael General Plan 2020; to achieve this, the City Council further directs City's planning staff to meet with the appropriate representatives of Marin County pursuant to the pertinent requirements of Government Code section 56425, subdivision (b); after satisfying the requirements of Government Code section 56425, subdivision (b) staff is directed to submit the proposed amendment to San Rafael's Sphere of Influence to Marin LAFCO as provided in and pursuant to Government Code section 56428, subdivision (a), together with the resolutions approving General Platt 2020. BE IT FURTHER RESOLVED that upon review and consideration of the Final EIR and other documents prepared as part of General Platt 2020, the City Council of the City of San Rafael makes the following findings regarding General Plan 2020: 1. The General Plan is consistent with the intent of the Marin Countywide Plait, which designates San Rafael within the "City -Centered Corridor." The Countywide Platt has three environmental corridors: the coastal Recreation Corridor, the Inland Rural Corridor and the City -Centered Corridor. These three corridors were adopted 30 years ago and set the pattern for development in the County. One of the principles of the Countywide Platt is to preserve the natural environmental character of Marin County by encouraging development in existing urban areas and preserving the central and western areas of the County for agricultural, open space, and recreational uses. General Platt 2020 allows urban development which is consistent with the County's direction to "encourage balanced communities with higher intensity, mixed uses in built-up areas with services" (page CD -4) and with Countywide Plan policy CD -1.1, which states "Urban development will be concentrated in the City -Centered Corridor where infrastructure and facilities can be made available to serve urban development." (page CD -9). 2. The General Plan provides for future development consistent with Smart Growth principles, also promoted by the Association of Bay Area Governments (ABAG), and with Livable City principles. General Plan 2020 is based on planning principles expressed in the Ahwahnee Principles (www.lgc.org/ahwahnee/principles.html), which form the basis for the Smart Growth planning approach, and in the True Urbanism Principles (www.livablecities.org/true_urbanism.htm), which form the basis for the Livable Cities planning approach. Early in the planning process, the General Plan 2020 Steering Committee and the Planning Commission agreed that these planning approaches held the most promise for San Rafael's future. Both planning approaches share in common these principles: a community center, appropriate design, mixed uses, and balanced transportation planning. In addition, the region's planning agency ABAG has endorsed Smart Growth principles as the preferable approach to planning for growth in the Bay Area. General Plan 2020 includes Neighborhood Element policies promoting Downtown and encouraging the development of the North San Rafael Town Center as community centers; Community Design Element policies identifying design characteristics and fostering the improvement of the built environment; Land Use Element policies increasing the opportunities for mixed use development throughout the City, and Circulation Element policies supporting the full range of modes of transportation, including pedestrian, bicycle, auto and transit. 3. The General Plan encourages transit -oriented development. Transit -oriented development is "Moderate to higher density development, located within an easy walk of a major transit stop, generally with a mix of residential, employment, and shopping opportunities designed for pedestrians without excluding the auto. TOD can be new construction or redevelopment of one or more buildings whose design and orientation facilitate transit use." (source: Technical Advisory Committee for the Statewide TOD Study: Factors for Success in California; http://transitorienteddevelopment.dot.ca.govl) Transit oriented development allocates land use more efficiently by locating higher density housing and commercial uses near public transit, thereby increasing transit and pedestrian trips, reducing commute and short -distance auto trips, and decreasing regional emissions. General Plan 2020 includes land use districts, such as Hetherton Office, Fourth Street Retail Core, Second/Third Mixed Use and Retail/Office that allow high density residential uses near the San Rafael Transportation Center in Downtown, and includes Neighborhoods, Housing and Circulation policies promoting housing near the proposed Civic Center rail stop. 4. The General Plan allows economic growth, which supplies jobs for existing and future residents while protecting environmental resources. The Economic Vision and Strategies for the City of San Rafael (1997) sets forth a vision of San Rafael's economy: that there's a partnership relationship between government, business interests, citizens groups and environmental interests; that the economy generates revenue for public services, jobs for the community and goods and services for residents; that the city will look for development that enhances existing economic strengths or provides for community needs; that San Rafael is a major economic force in the county; and that the city will have a broad spectrum of businesses and a diversified economic base (pages 1-6). With reductions in State and Federal funding for local government, and with the increased costs of providing City services and programs, it is critical that new development help support City functions. One way to meet the City's budget needs is to allow development that generates significant tax revenue and provides local job opportunities, thus contributing to the City's economic vitality. General Plan 2020 seeks to provide a balance of land uses to provide jobs and services while still protecting environmental resources. The Plan also seeks to provide for economic development while maintaining the City's ability to finance City services and construction and maintenance of public improvements. The Plan offers local employment opportunities for San Rafael residents so that inter -city commuting can be reduced, and recognizes the need to assure the availability and diversity of resident -serving goods and services. Finally, the Plan projects a slower rate of economic development than the General Plan 2000 consistent with community desires to improve the City's jobs/housing balance. Alternative 3 (Reduced Development) would allow considerably reduced amount of new commercial development, resulting in a lower contribution to the City's General Fund, and fewer opportunities to maintain San Rafael's opportunities for economic growth and development. 5. The General Plan addresses affordable housing goals and maintains social and economic diversity. One of the top planning issues in San Rafael over the past 30 years has been affordable housing, both how to encourage it and where it should be (Sail Rafael General Plan 1974, and Sall Rafael General Plan 2000 1988). Single-family homes have escalated in price beyond the means of many young families. As current occupants move out, many of their homes are unaffordable to middle and lower income households. Over time, middle and lower income families—who are an integral part of the City's social and economic fabric—may be forced out of the local housing market. This affects not only these families, but also the local businesses where they work and the regional transportation system that must accommodate their commutes. By providing affordable housing opportunities for local workers, many of them paid lower salaries, the City can encourage social and economic diversity in the community. The City also has an important role to play in planning for its "fair share" of the Regional Housing Needs Determinations provided under State law. Because San Rafael has little vacant land for more housing under the current plan, the community had to look at a new approach to land use. At the same time, many residents stated that they would like to preserve the character and integrity of San Rafael's established neighborhoods. General Plan 2020, Appendix B, Housing Background, includes an evaluation of current programs and outlines major policy changes to expand the opportunities for new housing. Appendix B also identifies adequate sites and development opportunities where new housing development may occur during the Housing Element's planning period (1999-2007). Major policy changes include allowing residential in several land use districts where housing is currently not permitted (Land Use Element), retaining the densities in already developed residential neighborhoods (Land Use Element), encouraging redevelopment and infill (H-22 Infill Near Transit), providing design guidance for new development (NH -2 New Development in Residential Neighborhoods, and EV -20 Development Review), increasing the inclusionary housing requirement (policy H-19), and implementing a new commercial in lieu fee (program H - 24a). 10 6. The Plan meets future needs while managing the impacts of new development. The Plan must balance affordable housing needs with economic development, environmental protection and traffic constraints. The use of San Rafael's remaining developable parcels must reflect the City's anticipated needs as well as regional trends. There is a high demand for housing yet limited opportunities to build new housing in San Rafael. The City must respond to the changing needs of residents and local businesses, while addressing the cumulative effects of development to avoid potential long-term problems. Adequate attention must be given to the community's social and recreational needs, traffic and service capacities, neighborhood concerns, and environmental constraints. General Plan 2020 includes program LU -3a Project Selection Process to evaluate the impacts and benefits of proposed development, and balance proposed projects against their cumulative traffic impacts. The plan also includes Community Design Element programs to adopt design guidelines to assist developers in preparing development applications. The Plan also includes Governance Element policies to highlight the importance of the City's outreach to, engagement with, and collaboration with residents and to ensure effective community participation and collaboration as part of community-based governance. 7. The Plan will improve the physical appearance of the neighborhoods while retaining San Rafael's distinctive hometown character. San Rafael has a unique mix of neighborhoods, each distinct in its land use and amenities. Home remodels and additions, infill development, and redevelopment of underutilized sites offer opportunities to improve the appearance of a neighborhood. San Rafael's General Plan carefully allows for specific and intentional changes as described in site-specific policies (i.e., Loch Lomond Marina, Marin Square, North San Rafael Town Center) in the Neighborhoods Element. Community Design Element policies and programs assist property owners in preparing development proposals that will enhance the community and preserve the qualities treasured by residents. BE IT FURTHER RESOLVED that the City Council of the City of San Rafael does hereby adopt the Mitigation Monitoring and Reporting Program attached as Exhibit B, and the Findings of Fact and Statement of Overriding Considerations for General Plan 2020, attached as Exhibit C. I, JEANNE M. LEONCINI, 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 said City held on Monday, the 150' day of November, 2004 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Phillips .� A JEAANE M. , City Clerk 11 Appendix B: Housing Background PURPOSE This section of the Housing Element provides background information on San Rafael's housing needs and topics required to be addressed in State law. KEY FINDINGS EXISTING CONDITIONS AND FUTURE TRENDS • San Rafael has a mix of owner, renter, single-family and multifamily housing. Fifty two percent of the dwellings in San Rafael are occupied by their owners. Renters occupy the remainder. Approximately 47 percent of the housing stock in the community are single- family units. The remainder is multifamily units. • Market rate housing is generally not affordable to low and very low income households. Almost one-third of the households currently residing in San Rafael are either very low or extremely low income. About one-half of the households currently residing in San Rafael are considered lower income (earning less than 80 percent of median income, or $73,200 per year for a family of four based on 2003 Income Limits). New construction for very low and low income households usually must rely on multifamily projects with some public subsidy. • There is a very low vacancy rate for market rate rental housing. San Rafael's housing supply is very tight, especially for rentals. A December 2000 vacancy survey by RealFacts, Inc. (December 2000) found that about 1.2 percent of the units in apartment complexes throughout the city are vacant. • Single-family homes are only affordable to above moderate -income households. Due to high prices, above moderate income housing need is expected to be met by market rate construction of single-family homes. The median priced conventional single-family home in San Rafael sold for $562,500 in 2000. An income of between $125,000 and $150,000 would be needed to purchase a typical single-family home. The median priced condominium or townhouse in San Rafael sold for $325,084 in 2000. An income above $75,000 per year (current median income for a family of four) would be needed to purchase a low-end condominium or townhouse in San Rafael in 2000. • The lack of affordable housing impacts available services and businesses. The economic impacts of inadequate workforce housing on businesses include: (1) The cost of recruitment and retention of employees; (2) loss of experienced personnel; (3) lost investment in staff training; and (4) money earned in San Rafael is spent elsewhere. The economic vitality of smaller businesses and very low wage jobs may also be disproportionately impacted. Public agencies, School districts, social services, and child and elder care will continue to have a difficult time attracting people to work in San Rafael as affordable housing becomes more difficult to find. There are also safety issues when a large percentage of police, fire and other public safety personnel live out of the area. • The lack of availability of affordable housing contributes to traffic congestion. The lack of affordable housing pushes people farther and farther away, commuting to and through Marin for job destinations. Very little growth in either population or employment is projected for Marin County over next 20 years. Congestion is growing about two times the rate of either population or employment growth in the County, but our growth in congestion has very little to do with growth in Marin County. Providing affordable housing and improving the 323 jobs/housing balance reduces the need for commuting. Creating transit -oriented development focused on transit modes is also beneficial, as is creating mixed-use developments that avoid the need for many "midday trips." This not only has implications for traffic, but also for the people employed, businesses and services available in the community. The lack of affordable housing locally and statewide has significant implications for our quality of life. According to the State Department of Housing and Community Development (HCD), about 70 percent of the future population growth in California (16 million people by the year 2020) will be due to natural increases in our current population (births over deaths), and only 30 percent to people moving to California. HCD views the low housing supply and high housing costs as potentially impacting the State's economy, with serious implications for increases in commuting, homelessness, overcrowding, and substandard and illegal units. Available land supply is limited in San Rafael. The available vacant land supply is limited for all land uses, especially multifamily and nonresidential uses. The city must rely increasingly on reuse of underutilized land to meet needs. HOUSING NEEDS AND TYPES • Affordable Smaller Rental Housing Units. Single person households (students, seniors and younger person households) will require affordable studio and one -bedroom units and single - room occupancy units. • Affordable Family Housing. While there is a significant need for affordable housing for single person households in San Rafael, there is also a need for affordable family housing with two -and three -bedrooms. Need groups include new families, single parents and large families. • Affordable Smaller For -Sale Housing Units. For -sale units affordable to higher moderate income households, including new units and resales of existing housing. Adjustments should be made to consider all costs and tax benefits of for -sale housing. • Housing for the In -Commuting Workforce. San Rafael contains approximately 30 percent of the jobs in Marin County, and is a significant employment center in the North Bay. In the past decade, the supply of jobs has been growing faster than the number of employed residents, indicating that there is a net in -migration of workers. For the next two decades, the Association of Bay Area Governments reports that the majority of new jobs will be in retail sales and service jobs that are relatively low paying. Statistics from the U.S. Commerce Department's Bureau of Economic Analysis indicate that the average wage of workers in Marin County is only 88 percent of the Bay Area average wage. • Housing for Persons with Special Needs. The affordable housing crisis is especially severe for younger and senior households. Young households (under 34 years old) comprise 18.6 percent of all households in San Rafael. Of those, 60 percent are low income or below. Senior households (over 65 years old) comprise 24% of all households in San Rafael. Of those, 80 percent are low income or below. Households 75 years plus having even lower incomes. Special needs may have a possible service delivery component. They include: very low and low-income seniors; people living with disabilities; and households "at risk" of homelessness (roughly 20% of all very low income households in San Rafael). • Second Units. Based on City of San Rafael surveys, second units can provide a significant source of affordable housing (50% affordable to very low income households and 50% affordable to moderate income households). • Rental Housing. Based upon a survev of rents comDleted by the Citv (see Exhibit IZ, Mmarket rate rentals of all t Tee ^reof all types are generally eener-all}affordable to moderate income households, with certain market rate units also available to lower income 324 households:,n-.i,oI,,,l-a, e g between 100 120-% ,. f ed;,a kr.-c- r.e4,,.,,,a wete ; h0HSehE)1dS)• COMMUNITY PARTICIPATION IN THE UPDATED HOUSING ELEMENT Requirements for public participation are described in Section 65583(6)(b)) of the Government Code. The City of San Rafael must take affirmative steps to get input from low-income persons and their representatives as well as other members of the community. This means that input should be sought, received and considered before the Draft Housing Element is completed. The City of San Rafael's Housing Element update process has been built upon the efforts undertaken for the General Plan as a whole. Activities undertaken to date on the General Plan and the Draft Housing Element, specifically in regard to the involvement of low income persons and their representatives, have included: (1) In October 1999, staff initiated outreach on the General Plan work, meeting with 49 community groups, and over 600 people. In addition to business, housing, neighborhood and environmental groups, staff met with organizations such as CHEDA/Club Deportivo, the Federated Coast Miwok, the Grupo de Mujeres and Horizontes de Padres Latinos, a Head Start Parents Group, Homeward Bound (homeless), La Raza youth group, the Latino Marin Soccer League, the Teen Center, a class of fifth graders, and the Youth Leadership Institute. It was clear at that early point that affordable housing would be an important issue for the new plan. The high cost of housing was having an impact on businesses, school districts, and public safety. Participants complained about rising rents and crowded apartments. (2) Since May 2000, the General Plan 2020 project has been guided by a 19 -member Steering Committee appointed by the City Council. The members represent a broad cross-section of community interests. Throughout the process of drafting a new plan, and Housing Element, the Steering Committee was committed to hearing from residents about their ideas; this is reflected through the summary below of outreach efforts to involve the broader community. (3) In the Fall of 2000, the General Plan 2020 Steering Committee met with 42 community groups to identify the most important planning issues in San Rafael. "Housing Needs" ranked third in the survey, just after "Traffic" and "Education." The Grupo de Mujeres, Homeward Bound, the Housing Consortium, the Marin Association of Realtors, and the Pickleweed Park Advisory Committee participated in this outreach. (4) In the Fall and Winter of 2000-01, the City held two community meetings on the issue of "Rising Residential Rents." The meetings were held in English, Vietnamese and Spanish. Approximately 100 people attended the first session, and over 200 people attended the second meeting, representing the following groups: San Rafael Tenants Association Canal Ministry Neighborhood Leaders Program Center for Independent Living Marin Family Action Center Marin Vision Legal Aid Canal Community Alliance Marin Child Care Council Senior Access Marin Headstart Fair Housing of Marin Marin Literacy 325 Marin Continuum on Housing Housing Consortium (group of non-profit housing providers) At the meeting, discussion groups reviewed (1) Rent Stabilization; (2) Housing Conditions; (3) Tenant Assistance; and (4) Housing Supply (General Plan policies and housing sites). Participants learned about the General Plan 2020 project, and the role that the Housing Element has providing affordable housing. As a result of the `Rising Rents' meetings, the City Council directed staff to, as part of the General Plan 2020 work, identify additional housing sites and policies to assist in the creation of new housing, and to further encourage partnerships with non-profit agencies as well as private owners to secure regulated affordable units, including new and creative approaches. (5) In November and December 2000, the City held three visioning sessions to discuss the future of San Rafael. Over 170 people attended the first Town Meeting, 25 youth attended a second Visioning Session at the Teen Center, and nearly 40 people participated in a visioning workshop held in Spanish at Bahia Vista School. One of the questions asked was "What does our housing stock look like?" The answers from the visioning sessions were used to draft a vision statement outlining the City's aspirations for the future. (6) In Spring 2001, 45 people joined the Steering Committee to draft General Plan policy recommendations. The 15 -member Neighborhoods and Homes Task Group included residents from throughout San Rafael, representing renters as well as homeowners, older as well as younger residents. In May 2001, the draft policies were shared at an Open House at which various options were outlined for community consideration and feedback. (7) In January 2002 over 100 people participated in the San Rafael Community Design Charrette. Of the 12 working groups, one had a Vietnamese translator, and one had a Spanish -translator. Over two days, six potential `change' areas were studied in depth by teams of community members and volunteer architects. Mixed-use, live/work and affordable housing emerged as major land uses in all six areas. (8) In Spring 2002, eighteen community groups, including 214 people, helped to evaluate the housing potential of various sites. As part of this outreach, staff met with high school students, the Chamber of Commerce, the Siena Club, and several neighborhood groups. (9) In October 2002, the Steering Committee hosted a community meeting on the draft Housing Element. Approximately 100 people attended, over half from one neighborhood concerned about the identification of a school as a potential housing site. (10) In November 2002 and January 2003, staff met with the Chamber's housing advocates and the Pickleweed Park Advisory Board to hear their suggestions on the draft housing policy. (11) On February 10 and 24, 2004, the Planniniz Commission held a Dublic hearing on the Draft Housing Element, at which 13 DeoDle spoke. In addition, the Citv received a review letter from the California Department of Ilousina and Communitv Development (HCD) as hart of the State's review of the Draft Housina Element. In resDonse to the Dublic comments and the review letter. revisions were made to the Draft Housine Element, which the Plannine Commission considered and forwarded to the City_ Council with a recommendation for adoption. 326 (12) On October 4, 2004, the City Council held a Dublic hearina on the Draft IIousina Element at which eiaht DeoDle spoke, voicing concerns about the amount of housing exo«vth proiected, the need to better describe San Rafael's potential housina sites, and the Dotential constraint on the development of housina posed by the uroDoses Priority Selection Process and the newly increased Traffic Mitigation Fees. In addition, on October 29, 2004, the City received commends from HCD on the Plannina Commission's revised draft Element. On November 15, 2004, the City Council reviewed the final edits to the Element that addressed the issues raised, and adopted the new housing element as Dart of the City new General Plan 2020. In addition, the City of San Rafael's Housing Element update process has benefited from the efforts undertaken for the Marin Housing Workbook (see Marin Housing Workbook Chapter One). The Marin Housing Workbook process, from its inception, was developed through an open, inclusive process. The 4,000 persons and organizations on the mailing list include all housing -related non -profits in Marin County and persons from a mailing list provided by the Marin Housing Authority. In addition, recommendations considered as part of the "best practices", contained the document, were made by groups such as the Marin Housing Element Coalition, Greenbelt Alliance and Non -Profit Housing of Northern California. A study session was also conducted with HCD staff and the County's Planning Directors. RELATIONSHIP OF THE HOUSING ELEMENT TO OTHER GENERAL PLAN ELEMENTS The General Plan serves as the `constitution' for development in the city. It is a long-range planning document that describes goals, policies and programs to guide decision-making. Once the General Plan is adopted, all development -related decisions must be consistent with the plan. If a development proposal is not consistent with the plan, the proposal must be revised or the plan itself must be amended. State law requires a community's General Plan to be internally consistent. This means that the Housing Element, although subject to special requirements and a different schedule of updates, must function as an integral part of the overall General Plan, with consistency between it and the other General Plan elements. A comprehensive update of the City of San Rafael General Plan 2000 is currently being undertaken. This provides a significant opportunity for the community to evaluate land use and other issues comprehensively as they relate to the Housing Element. The development potential and programs of the updated Housing Element will be consistent with the land use and development projections of General Plan 2020. Land use and development projections of the General Plan are also linked to planned facilities and infrastructure capacity. Specific issues addressed in other sections of the General Plan, but which are linked to and supported in the Housing Element, include: (1) the design of housing; (2) housing and circulation; and (3) support services and infrastructure for the community. POPULATION AND EMPLOYMENT TRENDS The San Rafael Planning Area currently has a population of 68,582 people (100% count from the 2000 U.S. Census). Over the next 20 years, between 2000 and 2020, ABAG projects that San Rafael will grow at an average annual rate of 0.5%, which amounts to about 425 people per year or roughly 170 households per year. The projections shown below are for the San Rafael Planning Area based on the Association of Bay Area Governments (ABAG) Projections 2003 report. 327 Exhibit A: Bav Area. Marin Countv and San Rafael Plannine Area Proiections Changes Location 2000 2005 2010 2015 2020 2000-2020 Bay Area Regional Total Population 6,783,762 7,193,900 7,527,500 7,840,200 8,168,300 1,384,538 Households 2,466,020 2,581,380 2,702,090 2,824,030 2,950,970 484,950 Average Household Size 2.69 2.73 2.73 2.72 2.72 0.03 Employed Residents 3,605,675 3,721,100 3,963,700 4,294,960 4,543,590 937,915 Jobs 3,753,670 3,848,870 4,199,670 4,509,840 4,752,590 998,920 Employed Residents.`Job 0.96 0.97 0.94 0.95 0.96 0.00 Jobs/Household 1.52 1.49 1.55 1.60 1.61 0.09 Marin County Population 247,289 254,500 264,100 271,200 275,700 28,411 Households 100,650 102,690 106,590 109,780 112,110 11,460 Average Household Size 2.34 2.37 2.37 2.36 2.44 0.10 Employed Residents 140,955 145,300 154,600 158,700 161,400 20,445 Jobs 122,960 125,290 134,100 144,590 151,930 28,970 Employed Residents Job 1.15 1.16 1.15 1.10 1.06 -0.08 Jobs/Household 1.22 1.22 1.26 1.32 1.36 0.13 Percent of Bay Area Population 3.6% 3.5% 3.5% 3.5% 3.4% 0.00 Percent of Bay Area Jobs 3.3% 3.3% 3.2% 3.2% 3.2% 0.00 San Rafael Planning Area Population 68,582 70,900 73,600 75,300 76,000 7,418 Households 27,122 27,840 28,880 29,600 30,090 2,968 Average Household Size 2.44 2.6 2.47 2.46 2.44 0.00 Employed Residents 38,176 39,580 42,060 42,950 43,470 5,294 Jobs 44,340 45,420 48,010 50,260 51,840 7,500 Employed Residents, Job 0.86 0.87 0.88 0.85 0.84 -0.02 Jobs/Household 1.63 1.63 1.66 1.70 1.72 0.09 Percent of County Population 27.7% 27.9% 27.9% 27.8% 27.6% 0.00 Percent of County Jobs 36.1% 36.3% 35.8% 34.8% 34.1% -0.02 Source: Projections 2003, Association of Bay Area Governments, 2003 San Rafael's population is projected to continue to grow by about 10 percent over the next 20 years. This is slower than the Bay Area as a whole, but in line with the expected growth in Marin County as a whole, which, other than San Francisco, is the slowest growing county in the Bay Area. Similar to current conditions, San Rafael is expected to contain about 28 percent of the County's population and about 36% of the County's jobs in the year 2020. Approximately 11,630 new jobs are projected to be created in the next 20 years in the San Rafael Planning Area, with many anticipated to be in the relatively lower paying services and retail sectors. San Rafael is the County seat and business center for Marin. It is expected to have more jobs than housing as compared to more suburban and rural communities in the area. According to ABAG, San Rafael's jobs to housing ratio is projected to increase from 1.63 jobs/household in 2000 to 1.84 jobs/household in 2020. San Rafael's current population occupations include 45% professional, 25% sales, 16% service, 7% construction, and 6% production and transportation. There are many benefits of having a balance between jobs and employed residents, including a labor supply more closely matched to local employment needs, less congested freeways, reduced fuel consumption and improved air quality, reduced expenditures on major transportation projects, and savings in travel time for both businesses and individuals. However, a 1.0 to 1.0 ratio between jobs and employed residents does not guarantee a reduction in commute trips. Although Marin County is expanding its jobs base, many residents still commute elsewhere to 328 work, while many of the people who work in San Rafael are living in other communities due to high housing costs and availability, or other lifestyle choices. So, even with a 1:1 ratio of jobs to housing, cities or counties can continue to exchange workers regardless of a correlation of employed residents to total jobs. Therefore, one focus of the Housing Element is to address the issue of matching housing costs and types to the needs and incomes of the community's workforce. Future growth projections for population and jobs will result in a continuing strong demand for housing. Both the population and number of housing units are expected to continue increasing, but not as quickly as the number of jobs in the county. Countywide, the annual increase in population over the next twenty years is expected to be at a modest 0.57 percent, while the increase in jobs is expected to be higher, at 1.31 percent. Concurrently, it is also projected that the County's population will continue to age, and there will be a continuing demand for a variety of housing types, including those for smaller households. HOUSING CONDITIONS As of January 2000 (per Census 2000) there were 22,963 housing units in San Rafael. Of these, 46 percent were single-family detached units, 9 percent and single-family attached units, 10 percent in structures of 2-4 units, and 34 percent in structures with 5 or more units. Multifamily housing comprises 44 percent of the housing stock in San Rafael. Although about 17 percent of all housing units in San Rafael were built before 1950, the single- family housing stock is generally in good condition. Based on exterior appearance, it is likely that few homes (less than one percent) need to be rehabilitated or demolished. The good condition of the stock is a reflection of the high home values in the area. While few homes need rehabilitation, some, being older, smaller homes, are considered less than adequate in today's market and so have undergone extensive additions and remodeling. There are specialized rehabilitation needs in the community for lower income, disabled or elderly households. Low interest rehabilitation loans are available to low income owners. Marin Housing administers the program. Funding is provided thorough Community Development Block Grants and contributions from cities. As homes are remodeled and expanded to meet the needs of new owners, neighborhoods change their character and appearance. While there are positive aspects to improved appearance and functions of remodeled homes and apartments, there can also be concerns that the physical changes are not done in a manner appropriate to the neighborhood context. San Rafael adopted zoning provisions in 1992 providing for design review of larger second story additions. While the city has not experienced many `tear downs' (existing houses replaced with larger homes) or `monster homes' (expansions and new homes significantly out of scale with adjacent neighboring homes), there has been some concern expressed by neighbors that the City should have more control over the appearance and size of proposed changes to single-family homes. A field survey of the San Rafael Redevelopment Project Area, which includes primarily multifamily units, conducted in March 2002 found that 16.3% of the buildings had dilapidated and/or deteriorated exterior building conditions, 18.7% of the buildings had defective design, and 34.7% of the parcels had poor site conditions. Redevelopment Agency programs are targeted toward addressing these conditions. City Code Enforcement personnel assigned to the Canal neighborhood inspect specific properties based on referrals from other City departments (Police, Fire, Building) and upon receiving complaints from tenants. Because the City focuses on cleaning up the worst buildings first, most 329 of the buildings inspected contain numerous housing code violations. Owners of buildings are reluctant to undertake the necessary repairs undergo several re -inspections by Code Enforcement staff. The City has collected over $35,000 in fines for Uniform Housing and other code violations from property owners in the Canal neighborhood. Apartment inspections for units outside the targeted area had been the responsibility of the Marin Health Department. However, the City has recently taken over this function from the County, and proactive code enforcement will be expanded to cover other areas in the City. HOUSEHOLD CHARACTERISTICS Household Tvves The Bureau of the Census defines a household as all persons who occupy a housing unit, including families, single people, or unrelated persons. Persons living in licensed facilities or dormitories are not considered households. The table below shows U.S. Census data on households by type in San Rafael in comparison to other Marin County communities. San Rafael has a significant diversity of households, with 57% families, 32% single -person households, and 11% non -family households. Similar to Marin County as a whole, 24% of all households in San Rafael are age 65 or greater. Exhibit B: Household by Tvae by Jurisdiction (2000) Households By Type By Jurisdiction (2000) Source: 2000 U.S. Census HousinLF Tenure and Vacanev Rate As shown below, it is currently estimated that about 52% of the housing units in San Rafael are owner -occupied and 45% are renter -occupied, with the remaining units being vacant. 330 Family Family Single Person Single Person Non -Family Non -Family Total Total HH Jurisdiction Households Age 65+ Households Age 65+ Household (2+) (2+) Age 65+ Households Age 65+ Belvedere 657 247 258 146 41 16 956 409 Corte Madera 2,472 536 937 196 367 60 3,776 891 Fairfax 1,813 151 1,029 245 464 43 3,306 540 Larkspur 2,901 758 2,650 903 591 71 6,142 1,732 Mill Valley 3,420 699 2,098 761 629 99 6,147 1,559 Novato 12,419 1,379 4,661 1,714 1,444 158 18,524 4,151 Ross 626 146 97 40 38 14 761 200 San Anselmo 3,191 559 1,511 386 565 60 5,267 1,005 San Rafael 12,776 2,785 7,187 1,446 2,408 121 22,371 5,453 Sausalito 1,663 326 1,945 331 646 58 4,254 715 Tiburon 2,408 623 1,026 351 278 43 3,712 1,017 Marin Unincorporated 16,333 3,520 6,642 1,994 2,459 327 25,434 5,841 Marin County Total 60,679 12,830 30,041 9,613 9,930 1,171 100,650 13,614 Source: 2000 U.S. Census HousinLF Tenure and Vacanev Rate As shown below, it is currently estimated that about 52% of the housing units in San Rafael are owner -occupied and 45% are renter -occupied, with the remaining units being vacant. 330 Exhibit C: Housine Units by Tenure by Jurisdiction (1990 and 2000) Housing Units by Tenure by Jurisdiction (1990 and 2000) 2000 1990 Renter Owner Vacant Renter Owner Vacant Belvedere 103 223 741 73 68% Percent 22% 71% 7.0% Corte Madera 74 1,087 2,490 140 71% Percent 29% 67% 3.8% Fairfax 112 1,250 1,842 133 59% Percent 39% 57% 4.1% Larkspur 271 2,811 2,911 243 48% Percent 47% 49% 4.1% Mill Valley 139 2,072 3,883 178 64% Percent 34% 63% 2.9% Novato 470 6,947 11,289 546 66% Percent 37% 60% 2.9% Ross 44 45 679 51 82% Percent 6% 88% 6.6% San Anselmo 141 1,766 3,364 195 65% Percent 33% 63% 3.7% San Rafael 577 9,240 11,055 846 52% Percent 44% 52% 4.0% Sausalito 257 2,103 1,990 285 46% Percent 48% 45% 6.5% Tiburon 181 1,107 2,166 170 67% Percent 32% 63% 4.9% Unincorporated 7,364 16,581 1,891 27% Percent 29% 65% 7.4% Total County 64,024 36,015 58,991 4,751 35% Percent 36% 59% 4.8% Source: Califomia Department of Finance; U.S. Census, 2000; Baird + Driskell The vacancy rates for housing in San Rafael have decreased since 1990, when the Census recorded a vacancy rate of 4.0 percent. As shown below, in 2000, the total vacancy rate was recorded at 2.5 percent. However, the effective vacancy rate for rental housing units is 1.7 percent, which excludes units that are unavailable as long term rentals. 331 2000 Total Renter Owner Vacant Total 1,037 239 717 103 1,059 10000 23% 68% 9.7% 100% 3,717 1,038 2,738 74 3,850 100% 27% 71% 1.9% 100% 3,225 1,275 2,031 112 3,418 100oo 37% 59% 3.3% 100% 5,965 3,081 3,061 271 6,413 100% 48% 48% 4.2% 100% 6,133 2,121 4,026 139 6,286 100% 34% 64% 2.2% 100% 18,782 6,009 12,515 470 18,994 100oo 32% 66% 2.5% 100% 775 98 663 44 805 10000 12% 82% 5.5% 100% 5,325 1,751 3,516 141 5,408 100% 32% 65% 2.6% 100% 21,141 107346 12,025 577 22,948 100% 45% 52% 2.5% 100% 4,378 2,166 2,088 257 4,511 100% 48% 46% 5.7% 100% 3,443 1,121 2,591 181 3,893 100% 29% 67% 4.6% 100% 25,836 7,381 18,053 1,971 27,405 102% 27% 66% 7.2% 100% 99,757 36,626 64,024 4,340 104,990 100% 35% 61% 4.1% 100% The vacancy rates for housing in San Rafael have decreased since 1990, when the Census recorded a vacancy rate of 4.0 percent. As shown below, in 2000, the total vacancy rate was recorded at 2.5 percent. However, the effective vacancy rate for rental housing units is 1.7 percent, which excludes units that are unavailable as long term rentals. 331 Exhibit D: Vacanev Status for Vacant Housing Units by Jurisdiction (2000) Vacancy Status for Vacant Housing Units by Jurisdiction (2000) Source: U.S. Census, 2000; Baird + Driskell In general, a higher vacancy rate is considered necessary by housing experts to assure adequate choice in the marketplace and to temper the rise in home prices. A 5.0 percent rental vacancy rate is considered necessary to permit ordinary rental mobility. In a housing market with a lower vacancy rate, tenants will have difficulty locating appropriate units and strong market pressure will inflate rents. Thus, the 1990's have seen a significant tightening in the local housing market, a phenomenon that has been experienced in many Bay Area communities. Nationwide, there was a sharp drop in multifamily housing construction during the 1990's which contributed to low vacancy rates and rising rents. The reason for the drop was due to the loss of federal tax credits, local resistance to apartment construction, litigation and liability issues, and population changes (study conducted by University of Southern California demographer and planner Dowell Myers). In addition, the lower the vacancy rate the greater the tendency for landlords to discriminate against potential renters. Fair Housing of Marin is a civil rights agency that investigates housing discrimination, including discrimination based on race, origin, disability, gender, and children. Its caseload consists almost entirely of renters. The organization receives approximately 1,200 inquiries a year, of which about 250 are discrimination complaints that are fully investigated. Fair Housing of Marin also educates landowners on fair housing laws, provides seminars in English, Spanish, and Vietnamese on how to prepare for a housing search and recognize discrimination, and education programs on the importance of community diversity in schools, which includes an annual "Fair Housing" poster contest. Overcrowdino Overcrowded housing is defined by the US Census as units with more than one inhabitant per room, excluding kitchen and bathrooms. The incidence of overcrowding has increased significantly over the last 20 years due to the increase in immigrant newcomers in the Canal neighborhood, cultural acceptance of extended households, and the economic necessity of sharing housing. The percentage of overcrowded households in San Rafael has increased from 1.9% in 1980, to 5.6% in 1990, and to 10.6% in 2000. According to the 2000 Census, citywide, 1.4% of owner -occupied units are overcrowded and 21.3% of renter -occupied units are overcrowded. 332 Effective Rented or For Seasonal/ For Vacancy For Vacancy % For Sold/Not Occasional/ Mirgrant Other Total Rate for Rent for Rentals Sale Occupied Rec Use Workers Vacant Vacant All Units Belvedere 10 4.0% 4 11 59 0 19 103 9.7% Corte Madera 20 1.9% 9 9 14 1 21 74 1.9% Fairfax 42 3.2% 13 8 27 0 22 112 3.3% Larkspur 70 2.2% 18 18 94 0 71 271 4.2% Mill Valley 36 1.7% 24 20 28 0 31 139 2.2% Novato 151 2.5% 120 75 51 0 73 470 2.5% Ross 6 5.8% 3 3 11 0 21 44 5.5% San Anseimo 34 1.9% 9 19 31 0 48 141 2.6% San Rafael 181 1.7% 108 40 111 0 137 577 2.5% Sausalito 68 3.0% 12 36 106 0 35 257 5.7% Tiburon 36 3.1% 18 23 77 0 27 181 4.6% Unincorporated 152 2.0% 86 138 1,293 5 297 1,971 7.2% Total County 806 2.2'% 424 400 1,902 6 802 4,340 4.1% Source: U.S. Census, 2000; Baird + Driskell In general, a higher vacancy rate is considered necessary by housing experts to assure adequate choice in the marketplace and to temper the rise in home prices. A 5.0 percent rental vacancy rate is considered necessary to permit ordinary rental mobility. In a housing market with a lower vacancy rate, tenants will have difficulty locating appropriate units and strong market pressure will inflate rents. Thus, the 1990's have seen a significant tightening in the local housing market, a phenomenon that has been experienced in many Bay Area communities. Nationwide, there was a sharp drop in multifamily housing construction during the 1990's which contributed to low vacancy rates and rising rents. The reason for the drop was due to the loss of federal tax credits, local resistance to apartment construction, litigation and liability issues, and population changes (study conducted by University of Southern California demographer and planner Dowell Myers). In addition, the lower the vacancy rate the greater the tendency for landlords to discriminate against potential renters. Fair Housing of Marin is a civil rights agency that investigates housing discrimination, including discrimination based on race, origin, disability, gender, and children. Its caseload consists almost entirely of renters. The organization receives approximately 1,200 inquiries a year, of which about 250 are discrimination complaints that are fully investigated. Fair Housing of Marin also educates landowners on fair housing laws, provides seminars in English, Spanish, and Vietnamese on how to prepare for a housing search and recognize discrimination, and education programs on the importance of community diversity in schools, which includes an annual "Fair Housing" poster contest. Overcrowdino Overcrowded housing is defined by the US Census as units with more than one inhabitant per room, excluding kitchen and bathrooms. The incidence of overcrowding has increased significantly over the last 20 years due to the increase in immigrant newcomers in the Canal neighborhood, cultural acceptance of extended households, and the economic necessity of sharing housing. The percentage of overcrowded households in San Rafael has increased from 1.9% in 1980, to 5.6% in 1990, and to 10.6% in 2000. According to the 2000 Census, citywide, 1.4% of owner -occupied units are overcrowded and 21.3% of renter -occupied units are overcrowded. 332 Countywide, less than 1% of owner -occupied units are overcrowded and 10% of renter -occupied units are overcrowded. As noted in the County of Marin's Consolidated Plan, San Rafael's Canal Area is one of three areas in the County with a high concentration of low-income persons. In 2000, 15% of Canal residents had incomes below the poverty level, and 38% of Canal residents had incomes below 50% of the County median income. The Canal has the highest incidence of residential overcrowding in the County. The 2000 Census reported that 49% of the units in the Canal are overcrowded. The average household size in the Canal is 3.85 persons, as compared to 2.42 persons citywide. In general, overcrowding and discrimination are more likely to occur when the rental vacancy rate is very low because property owners can be selective in choosing potential tenants. Overcrowding is expected to be an increasing statewide problem as the number of units produced is anticipated to be less than the demand for housing projected to be needed by the natural growth of California's population (births over deaths). HOUSING COSTS, HOUSEHOLD INCOME, AND THE ABILITY TO PAY FOR HOUSING The City of San Rafael is a part of a housing market area that makes up Marin County as a whole. Existing trends and future conditions county -wide affect housing prices and affordability in San Rafael. The housing characteristics of San Rafael, and some of San Rafael's neighborhoods, are quite different from the county as a whole. In addition, San Rafael's median household income was $60,994 according to the 2000 Census as compared to the countywide median household income in 2000 of $71,306. The graph on the next page illustrates household income based on 2003 Marin County Income Limits established for various affordable housing programs. Following that is a graph that shows a breakdown of current households in San Rafael by age of householder and income category based on the 2000 Census. While middle age households (35-54 years of age) comprise the majority of households in San Rafael, proportionately the most significant very low income housing need is in younger households (under 34) with lower salaries (early wage earners), and seniors (65 years plus) on SSI or retirement. 333 Exhibit E: Household Income Based on 2003 Marin Countv Income Limits 9,000 8,000 7,000 6,000 5,000 4,000 3,000 - z,000 . 1 1,000 0 Extremely Low Very Low Income Low Income Moderate Income Income Sales Prices and Rents Above Moderate Income From 1993 to 2000 the median home sales price in Marin County increased from $314,250 to $523,000. The median price for a single-family detached home price in Marin County in 2000 was $599,000, requiring an income over $150,000 per year to qualify for a loan. The tables below show average rents in San Rafael in 1999 and 2000 as compiled by RealFacts, Inc., and home sales compiled by the Marin County Assessor's Office. Rents increased substantially during this period, but have reportedly stabilized in the past year due to economic recession and uncertainty. Overvavins Households Housing that costs 30% or less of a household's income is referred to as "affordable housing." Because household incomes and sizes vary, the price which is considered "affordable" for each household also varies. For example, a large family with one small income would afford a different type of housing than a double -income household with no children. Households that pay more than 30 percent of their income on housing are considered to be "overpaying" for housing. It is estimated that at a minimum about 33% of all households in San Rafael are considered to be "overpaying" households (7,684 or 22,963 households). Of those overpaying, 62 percent are renters (4,802 households) and 38 percent are owners (2,882 households). In San Rafael, a 4 -person household is considered to be very -low income if it earns up to $45,750 per year and low-income if it earns less than $73,200 per year. Utilizing U.S. Census statistics on overpaying households, this section approximates lower-income categories with a $50,000 334 o Over 65 o55-64 ■ 35-54 o Under 34 Above Moderate Income From 1993 to 2000 the median home sales price in Marin County increased from $314,250 to $523,000. The median price for a single-family detached home price in Marin County in 2000 was $599,000, requiring an income over $150,000 per year to qualify for a loan. The tables below show average rents in San Rafael in 1999 and 2000 as compiled by RealFacts, Inc., and home sales compiled by the Marin County Assessor's Office. Rents increased substantially during this period, but have reportedly stabilized in the past year due to economic recession and uncertainty. Overvavins Households Housing that costs 30% or less of a household's income is referred to as "affordable housing." Because household incomes and sizes vary, the price which is considered "affordable" for each household also varies. For example, a large family with one small income would afford a different type of housing than a double -income household with no children. Households that pay more than 30 percent of their income on housing are considered to be "overpaying" for housing. It is estimated that at a minimum about 33% of all households in San Rafael are considered to be "overpaying" households (7,684 or 22,963 households). Of those overpaying, 62 percent are renters (4,802 households) and 38 percent are owners (2,882 households). In San Rafael, a 4 -person household is considered to be very -low income if it earns up to $45,750 per year and low-income if it earns less than $73,200 per year. Utilizing U.S. Census statistics on overpaying households, this section approximates lower-income categories with a $50,000 334 income limit for the very -low-income parameter and a $75,000 limit for the low-income parameter. According to the U.S. Census, 6,511 households earning less than $75,000 per year, or 55.4% of all "lower-income" households, are overpaying for housing. Approximately 65% of very -low income households are overpaying for housing. The table below indicates that the incidence of overpaying is particularly severe among very -low income renters, of which 70% are overpaying for housing. Nearly half of all lower-income owner households are overpaying for housing, with a roughly equal incidence among very -low and low-income households. Very few moderate - income renters are overpaying for housing, but 38% of moderate -income owners are overpaying. Exhibit F: Households Overnavine for Housine by ADnroximate Income Categories Households Overpaying for Housing by Approximate Income Categories "Very -low Income": Less than $50,000 "Low -Income": $50,000 to $74,999 "Moderate -Income" $75,000 to $99,999 Number at Number Percent of Number of Number Percent of Number ol Number Percent of Households Overpaying Households Households Overpaying Households Households Overpaying Households Renters 6,127 4,312 70.4% 1,980 406 20.5% 1,140 84 7.4% Owners 2,224 1,137 51.1% 1,424 656 46.1% 1,518 577 38.0% Total 8,351 5,449 65.2% 3,404 1,062 31.2% 2,658 661 24.9% Swim U.S. Coisus _'000 Exhibit G: Rents in San Rafael by Unit Type in Apartment Complexes of Over 50 Units (1999-2000) Type of Jan -Mar April- July- Oct- Jan- April- July- Oct- Last Four Average Average % Change % Change Jan Unit 1999 June Sept Dec Mar June Sept Dec Quarters 1999 2000 Jan 2000 - 1999 -Dec 2000 Bed/Bath 1999 1999 1999 2000 2000 2000 2000 Change (+/-) Dec 2000 0/1 $828 $848 $893 $919 $949 $952 $984 $990 7.7% $872 $969 4.32% 19.57% 1/1 $1,146 $1,154 $1,182 $1,196 $1,223 $1,267 $1,331 $1,413 18.1% $1,170 $1,309 15.54% 23.30% 2/1 $1,282 $1,274 $1,298 $1,318 $1,367 $1,425 $1,447 $1,635 24.1% $1,293 $1,469 19.60% 27.54% 2/2 $1,469 $1,472 $1,480 $1,509 $1,544 $1,588 $1,703 $1,791 18.7% $1,483 $1,657 16.00% 21.92% 2 TH $1,785 $1,797 $1,803 $1,803 $1,806 $1,900 $2,005 $2,057 14.1% $1,797 $1,942 13.90% 15.24% 3/2 $1,614 $1,630 $1,645 $1,680 $1,700 $1,748 $1,878 $2,031 20.9% $1,642 $1,839 19.47% 25.84% 3 TH $2,198 $2,238 $2,258 $2,258 $2,258 $2,292 $2,672 $2,672 18.3% $2,238 $2,474 18.33% 21.57% Average $1,295 $1,300 $1,321 $1,341 $1,369 $1,416 $1,490 $1,594 18.9% $1,314 $1,467 16.44% 23.09% Overall 94.9% 96.9% 98.1% 97.2% 97.5% 97.9% 98.1% 98.8% 1.6% 97.7% 98.1% 1.33% 4.11% Occupancy Vacancy 5.1% 3.1% 1.9% 2.8% 2.5% 2.1% 1.9% 1.2% 3.2% 1.9% Source: RealFacts, Inc., 2001 335 Exhibit H: Marin Real Estate Sales (Year End 2000) Total Single Family Homes Sold: 3,899 Mean / Median Home Sale Price: $661,667 / $523,000 Mean Home Living Area: 1,772 sq. ft. Source: Marin County Assessor - Recorder, 2001 The tables below translate each of the income categories into `affordable rents' and `affordable home prices.' These are the rents and home prices that a household earning that level of income could be expected to pay if they were to spend 30 percent of their income on housing. The exact amount that they could pay would of course depend on the amount of down payment they could afford and the specific terms of their mortgage. These are rough calculations, meant as `indicators' only. They demonstrate the "gap" between market prices and affordability at various income levels. Given the household income trends and housing cost trends discussed previously, it is reasonable to conclude that the incidence of overpayment for very low, low and moderate -income households may increase in the future. It should be noted as well that owners are given tax breaks for mortgage interest payments while renters are not. In fact, by far the largest (and often least recognized) federal housing subsidy is for mortgage deductions. Single zhomes are out -b'zf r-eaeh for ...any people ih4ie : '0111 ki Ecin Rafael, Acit housing pr-ioes above e 000. Even high end moderate ineeme households do not eam suffleient ineeffle to Elualifly for- a fneftgage. Although, some smaller- a4aehed &A%er-ship housin (�es/eondarvk-iums) ean be affordable to moderate ineeme households. Average mad rate r -ental housing is affordable at the moderate ineeme level. 14 ean be eeneluded &OM analysis that new nt„ 1 1, ,g at rnar`3t Fates ean pr-ev:ate a eFt:,. of the Git.,'s moderate ire 1NAr/.r: With average housine price in San Rafael above $600.000, sinl4le-family homes are out of reach for many people who work in the Citv. Even hieh end moderate income households do not earn a sufficient income to aualifv for a morteaae. While some smaller attached ownership housing (townhomes/condominiums) can be affordable to moderate income households but still remain largely out of reach. as shown in Citv survevs averaee market rate rental housins is affordable at 336 Conventional Detached Dwellings Condominiums/Townhouses Jurisdiction # Sales Mean Price Median # Sales Mean Price Median Belvedere 30 $2,372,707 $2,000,000 2 $1,305,000 $1,305,000 Corte Madera 111 $661,609 $625,000 47 $391,755 $390,000 Fairfax 95 $447,680 $429,000 13 $298,038 $283,000 Larkspur 95 $815,018 $820,000 64 $379,799 $347,500 Mill Valley 167 $994,050 $800,000 55 $455,026 $425,000 Novato 628 $526,263 $478,560 372 $274,863 $274,863 Ross 25 $1,465,800 $1,325,000 San Anselmo 166 $583,111 $549,000 4 $306,625 $289,000 Sausalito 85 $1,237,091 $1,025,000 59 $467,339 $411,500 San Rafael 480 $640,239 $562,500 287 $325,084 $270,000 Tiburon 115 $1,610,295 $1,300,000 37 $790,669 $675,000 Unicorporated 861 $830,685 $657,000 101 $441,667 $400,000 Marin County Total 2,858 $772,354 $599,000 1,041 $357,781 $315,000 Total Single Family Homes Sold: 3,899 Mean / Median Home Sale Price: $661,667 / $523,000 Mean Home Living Area: 1,772 sq. ft. Source: Marin County Assessor - Recorder, 2001 The tables below translate each of the income categories into `affordable rents' and `affordable home prices.' These are the rents and home prices that a household earning that level of income could be expected to pay if they were to spend 30 percent of their income on housing. The exact amount that they could pay would of course depend on the amount of down payment they could afford and the specific terms of their mortgage. These are rough calculations, meant as `indicators' only. They demonstrate the "gap" between market prices and affordability at various income levels. Given the household income trends and housing cost trends discussed previously, it is reasonable to conclude that the incidence of overpayment for very low, low and moderate -income households may increase in the future. It should be noted as well that owners are given tax breaks for mortgage interest payments while renters are not. In fact, by far the largest (and often least recognized) federal housing subsidy is for mortgage deductions. Single zhomes are out -b'zf r-eaeh for ...any people ih4ie : '0111 ki Ecin Rafael, Acit housing pr-ioes above e 000. Even high end moderate ineeme households do not eam suffleient ineeffle to Elualifly for- a fneftgage. Although, some smaller- a4aehed &A%er-ship housin (�es/eondarvk-iums) ean be affordable to moderate ineeme households. Average mad rate r -ental housing is affordable at the moderate ineeme level. 14 ean be eeneluded &OM analysis that new nt„ 1 1, ,g at rnar`3t Fates ean pr-ev:ate a eFt:,. of the Git.,'s moderate ire 1NAr/.r: With average housine price in San Rafael above $600.000, sinl4le-family homes are out of reach for many people who work in the Citv. Even hieh end moderate income households do not earn a sufficient income to aualifv for a morteaae. While some smaller attached ownership housing (townhomes/condominiums) can be affordable to moderate income households but still remain largely out of reach. as shown in Citv survevs averaee market rate rental housins is affordable at 336 the lower and moderate income level. Thus, new rental housing at market rates can provide a portion of the City's lower and moderate income housing need The City has conducted telephone rent surveys in 2002, 2003, and 2004 to monitor rental prices in San Rafael. The following table shows rental rates for various classes of apartment buildings in the city. Class A units are tvpically the most recently constructed units, and would reflect the cost of rent for new units. Exhibit I: Rent Survey Results, 2003 and 2004 Source: San Rafael Redevelopment Aeencv, 2004 65% of Median Income' 1 person $1,047 2 person $1,189 3 person $1,339 4 person IUM Source: San Rafael Redevelopment Aeencv, 2004 Affordable Rents. 2004 Class A Class B Class C 1 296 Ione Bedroom 1 474 $1,445 Averaqe 2004 $1,275 $1,110 $1,060 Averaqe 2003 $1,340 $1,200 $1,120 Bldgs Reportinq 1 9 8 9 Percentage decrease 1 -4.85% -7.50% -5.32% 1Two Bedroom -1 BA _ Averaqe 2004 1UN $1,400 $1,410 Averaqe 2003 $1,550 $1,525 $1,425 Bldgs Reportinq, 1 6 7 9 Percentaae decrease 1 -6.45% L -8.20% -1.05% Two Bedroom -2 BA _ Averaqe 2004 $1,615 $1,400 $1,4851 Averaqe 2003 $1,600 $1,575 $1,550 Bldqs Reportinq 1 5 2 5 Percentaqe decrease 1 0.94% -11.11% -4.19%1 L Three Bedroom Averaqe 2004 $1,815 $1.800 $1,7751 Averaqe 2003 1 $1,900 $1,775 1 870 Bldqs Reportinq 1 3 5 61 Percentaae decrease 1 -4.47% 1.41% -5.08% Source: San Rafael Redevelopment Aeencv, 2004 65% of Median Income' 1 person $1,047 2 person $1,189 3 person $1,339 4 person IUM Source: San Rafael Redevelopment Aeencv, 2004 Affordable Rents. 2004 70% of Median Income80% of Median Income $1,130 1 296 $1,28 1 474 $1,445 $1,659 $1,663 $1,900 ' Refers to Marin County FY 2004 Median Income Schedule The 2004 rental survey demonstrates that Class A apartments in San Rafael were affordable to lower and moderate income households earning between 65-80% of County median income. One and two bedroom units were affordable to 65-70% households. Three bedroom units are scarcer 337 and have hil?her rents. Three bedroom units are currentiv affordable to households earnini; 80% of Countv median income. The foreeoing analvsis assumes that two persons reside in one - bedroom units, three persons in two bedroom units and four persons in three bedroom units. Exhibit J: Abilitv to Pav (Sale and Rental Housinel Estimate of the Ability to Pay for Rental Housing In San Rafael (2000) Source: Baird + DriskelUCommunity Planning; Michael Burke, Frank Howard Allen Realtors (3rd Quarter 2000) Estimate of the Ability to Pay for Sales Housing in San Rafael (2001) Average Ability to Pay Household Size and Monthly Rent Qa 30% of Expected Rent (3rd "Gap" for Income Category Income Monthly Income Unit Size Qtr 2000) Smaller Unit Single Person Home Price at Median Priced Thumb" Price Median Priced Thumb" Price Extremely Low Income $1,638 $491 1 BR $1,117 -$626 Very Low Income $2,336 $701 1 BR $1,117 -$416 Low Income $3,738 $1,121 1 BR $1,117 $4 Median Income $4,671 $1,401 1 BR $1,117 $284 Moderate Income $5,608 $1,683 1 BR $1,117 $566 Two Persons -$191,400 Very Low Income $2,338 $28,050 $112,200 Extremely Low Income $1,871 $561 1 BR $1,117 -$556 Very Low Income $2,671 $801 1 BR $1,117 -$316 Low Income $4,271 $1,281 1 BR $1,117 $164 Median Income $5,342 $1,603 1 BR $1,117 $486 Moderate Income $6,408 $1,923 1 BR $1,117 $806 Four Persons Extremely Low Income $2,338 $701 2 BR $1,403 -$702 Very Low Income $3,338 $1,001 2 BR $1,403 -$402 Low Income $5,342 $1,603 2 BR $1,403 $200 Median Income $6,675 $2,003 2 BR $1,403 $600 Moderate Income $8,008 $2,403 2 BR $1,403 $1,000 Source: Baird + DriskelUCommunity Planning; Michael Burke, Frank Howard Allen Realtors (3rd Quarter 2000) Estimate of the Ability to Pay for Sales Housing in San Rafael (2001) Source: Baird + Driskell/Community Planning; Marin County Assessor - Recorder, 2001 338 Gap Between Gap Between "Rule of Thumb" "Rule of "Rule of Home Price at Median Priced Thumb" Price Median Priced Thumb" Price Household Size and Monthly Annual Four Times Single Family and Median Townhouse and and Median Income Category Income Income Annual Income Detached Unit SFD Unit Condo Unit TH/C Unit Single Person Extremely Low Income $1,638 $19,650 $78,600 $562,500 -$483,900 $270,000 -$191,400 Very Low Income $2,338 $28,050 $112,200 $562,500 -$450,300 $270,000 -$157,800 Low Income $3,738 $44,850 $179,400 $562,500 -$383,100 $270,000 -$90,600 Median Income $4,671 $56,050 $224,200 $562,500 -$338,300 $270,000 -$45,800 Moderate Income $5,608 $67,300 $269,200 $562,500 -$293,300 $270,000 -$800 Two Persons Extremely Low Income $1,871 $22,450 $89,800 $562,500 -$472,700 $270,000 -$180,200 Very Low Income $2,671 $32,050 $128,200 $562,500 -$434,300 $270,000 -$141,800 Low Income $4,271 $51,250 $205,000 $562,500 -$357,500 $270,000 -$65,000 Median Income $5,342 $64,100 $256,400 $562,500 -$306,100 $270,000 -$13,600 Moderate Income $6,408 $76,900 $307,600 $562,500 -$254,900 $270,000 $37,600 Four Persons Extremely Low Income $2,338 $28,050 $112,200 $562,500 -$450,300 $270,000 -$157,800 Very Low Income $3,338 $40,050 $160,200 $562,500 -$402,300 $270,000 -$109,800 Low Income $5,342 $64,100 $256,400 $562,500 -$306,100 $270,000 -$13,600 Median Income $6,675 $80,100 $320,400 $562,500 -$242,100 $270,000 $50,400 Moderate Income $8,008 $96,100 $384,400 $562,500 -$178,100 $270,000 $114,400 Source: Baird + Driskell/Community Planning; Marin County Assessor - Recorder, 2001 338 SPECIAL NEEDS AND "AT RISK" HOUSING Overview In addition to overall housing needs, the City must plan for housing for special need groups. To meet the community's special housing needs (including the needs of the local workforce, seniors, people living with disabilities, farmworkers, the homeless, people with HIV/AIDS and other illnesses, people in need of mental health care, single parent families, single with no children, and large households), San Rafael seeks creative new ways to increase the supply, diversity and affordability of this specialized housing stock. Below is a summary of special needs in San Rafael. Exhibit K: Summary of Special Needs Households in San Rafael Summary of Special Needs Households in San Rafael Total Owner Renter Households Households Households or Persons Households Overcrowded Households 178 2,200 2,378 Senior Households 3,892 1,100 4,992 Female Headed Households 3,482 4,057 7,539 Large Households 637 1,471 2,108 Persons Persons Living with Disabilities 10,364 Farmworkers 15 San Rafael's "Share" of Estimated Countywide Homeless Population 809 Source: U.S. Census, 2000; Marin Continuum of Housing and Services (2001) Special needs housing stock is 54.7 % of all the established deed restricted affordable housing units throughout Marin County. If all the units in the pipeline are constructed, the total affordable housing stock would increase by 49%. There is a range along a continuum of housing for special needs, beginning with independent living (owning or renting), to assisted living (licensed facilities), to supportive housing, transitional housing, and finally emergency shelter. Further, the vast majority of special needs housing is service enriched. In other words, services are offered to residents to help them maintain independent living as long as possible. The Marin Housing Authority administers Section 8 Payment Program certificates that house 4,917 people (in 1,859 units). The waiting list for the Section 8 Program can be as long as five years due to the number of individuals and families who are in need of subsidized housing. The Shelter Plus Care Program provides 65 rental subsidies linked with supportive services to 78 individuals who are homeless with a mental health disability. Lastly, there are 98 rental subsidies for 114 people living with HIV/AIDS that are served through the Housing Opportunities for People With Aids Programs (HOPWA). Additional programs offer services to specific special needs populations housed through Marin Housing Authority which assist tenants in maintaining their housing. These programs target services to frail seniors, families to become self-sufficient, and at risk populations with a substance abuse and or mental health disability. 339 Additional evidence of need is illustrated by the waiting list for the Section 8 Program, which the Marin Housing Authority opened in Spring, 2000 with the following results: (1) 2,486 households submitted applications; (2) 1,715 or 68% live or work in Marin County; (3) 126 households or 7.3% were from San Rafael; (4) in Marin County, half of the applications were from families, one-quarter from disabled/handicapped, one-tenth from elderly households, and one -ninth from single person households; and (5) 60% of the applications were from non - Hispanic /Caucasian families, 26% from African American families, 14% from Hispanic families, 9% from Asian families, and 1% from Native American families. Exhibit L: Programs Administered by Marin Housing (2000) Programs Administered by Marin Housing (2000) Type of Housing Program San Rafael Countywide Section 8 Rental Assistance 834 1,859 Conventional Public Housing 40 496 MHA -Owned Rental Housing 28 83 Rebate for Marin Renters 17 64 Mortgage Credit Certificates 72 268 Residential Rehabilitation Loans 76 533 Shelter Plus Care 24 65 Housing Assistline 812 2,174 Housing Opportunities for People with AIDS (HOPWA) 58 114 Rental Deposit Guarantees 46 91 Note: These figures do not include all subsidized units in Marin County as many projects are owned and/or managed by nonprofit organization Source: Marin Housing, 2001 Seniors The greatest increases in population age groups over the next 40 years are expected to be elderly and young adult households, which tend to have the lowest income levels. According to the 2000 U.S. Census, 23.5% of all households in Marin County are age 65 or older. The Marin Commission on Aging (MCA) predicts that by the year 2020 one out of every three Marin residents will be 60 years of age or older. MCA predicts this age group will nearly double in size from 40,000 to 74,000 persons by 2020. Three out of four individuals of the "oldest old", 85 years of age or greater, are expected to be women. With the overall aging of society, the senior population (persons over 65 years of age) will increase in most communities. Consequently, the need for affordable and specialized housing for older residents will grow. The 2000 U.S. Census reported 4,992 senior households in San Rafael, comprising 22.3 percent of all households. Of these, 3,892 senior households are owner occupied (or 78 percent) and 1,100 are renter occupied (or 22 percent). Eleven percent of the population in San Rafael are seniors living alone. Many seniors are living in larger homes which provided sufficient housing for past needs but which may exceed needs now. 340 Exhibit M: Number of Households Headed by Seniors (2000) Number of Households Headed by Seniors (2000) (Householder Age 65 or More) Total senior households percentage is the percentage of ALL households Source: U.S. Census, 2000 Typical housing types that meet the needs of seniors include smaller attached or detached housing for independent living (both market rate and below market rate); second units; shared housing; age - restricted below -market -rate rental developments; congregate care facilities, such as Smith Ranch Homes; residential care homes licensed by the state; and skilled nursing homes such as Fifth Avenue Convalescent Homes. Recent housing for seniors built in San Rafael include 62 affordable units at the Maria B. Frietas Senior Housing development, 56 assisted living units at 111 Merrydale, and the 62 unit expansion at Aldersley Retirement. Congregate housing is long-term supportive housing in a group setting, which includes independent living sleeping accommodations in conjunction with shared dining and recreational facilities. Residents of congregate care facilities occupy individual apartments, most of that 341 Renter Owner Total Senior Households Households Households Belvedere 90 297 387 Percent 23% 77% 40% Corte Madera 63 752 815 Percent 8% 92% 22% Fairfax 121 379 500 Percent 24% 76% 15% Larkspur 666 974 1,640 Percent 41% 59% 27% Mill Valley 431 1,040 1,471 Percent 29% 71% 24% Novato 751 3,029 3,780 Percent 20% 80% 20% Ross 6 179 185 Percent 3% 97% 24% San Anselmo 129 803 932 Percent 14% 86% 18% San Rafael 1,100 3,892 4,992 Percent 22% 78% 22% Sausalito 148 509 657 Percent 23% 77% 15% Tiburon 170 768 938 Percent 18% 82% 25% Unincorporated 771 4,538 5,309 Percent 15% 85% 21% Total County 4,446 17,160 21,606 Percent 21% 79% 21% Total senior households percentage is the percentage of ALL households Source: U.S. Census, 2000 Typical housing types that meet the needs of seniors include smaller attached or detached housing for independent living (both market rate and below market rate); second units; shared housing; age - restricted below -market -rate rental developments; congregate care facilities, such as Smith Ranch Homes; residential care homes licensed by the state; and skilled nursing homes such as Fifth Avenue Convalescent Homes. Recent housing for seniors built in San Rafael include 62 affordable units at the Maria B. Frietas Senior Housing development, 56 assisted living units at 111 Merrydale, and the 62 unit expansion at Aldersley Retirement. Congregate housing is long-term supportive housing in a group setting, which includes independent living sleeping accommodations in conjunction with shared dining and recreational facilities. Residents of congregate care facilities occupy individual apartments, most of that 341 include kitchens, although these may be minimal. The facility has a centralized dining room and kitchen where at least one hot meal per day is provided. Other services may include maid service, security and emergency services, recreation rooms, nursing assistance, and beauty salons. A variation of congregate housing is called "life care." Elderly persons buy into a life care development with an initial non-refundable accommodation fee plus a monthly fee. The price guarantees occupancy in a particular size of apartment and typically one meal a day. Tenants may also move into a "personal care" unit (no kitchen, three hot meals provided) or nursing facility if health support needs change. One version of life care allows purchase of a condominium unit so that the member owns a real asset. Many supportive housing developments for the elderly have been built using HUD's Section 202 and 202/8 programs, which provide direct loan financing. Non-profit organizations have been instrumental in marshaling the resources to construct and operate the developments, but housing authorities and for-profit developers are also potential development project sponsors. Elderly households can be defined, in part, by the age distribution and demographic projections of a community's population. This identifies the maximum need for elderly housing. Particular needs, such as the need for smaller and more efficient housing, for barrier -free and accessible housing, and for a wide variety of housing with health care and/or personal services should be addressed, as should providing a continuum of care as elderly households become less self-reliant. According to a private study conducted by Haran Hall Limited, the average senior unit in the Bay Area houses 1.2 persons as compared to the current average household size in San Rafael of 2.42. Familv Housing and Housing for Large Households Large households, defined in the Census as households with five or more persons, also have special housing needs. According to the 2000 U.S. Census there are 2,108 large households in San Rafael, accounting for 9.4 percent of all households in the City. Of these households, 637 large households are owner occupied (5.3 percent of owner units) and 1,471 are renter occupied (14.2 percent of renter units). Large households tend to have difficulties purchasing housing because large housing units are rarely affordable and rental units with three or more bedrooms are not as common as one and two bedroom units. 342 Exhibit N: Number of Large Households (2000) Number of Large Households (2000) (Households with Fine or More Persons) Total large households percentage is the percentage ofALL households Source: U.S. Census, 2000 People Living with Disabilities The 2000 U.S. Census reported 7,831 individuals age 5-64 with a disability in San Rafael, accounting for 14 percent of the population. Approximately 45 percent of people living with disabilities aged 21-64 are not employed. In addition, there are 2,533 disabled seniors in San Rafael, comprising 35.5 percent of people over age 65. Overall, 10,364 individuals, or 18.5 percent of San Rafael's total population, are identified as disabled. The design of housing, accessibility modifications, proximity to services and transit, and group living opportunities represent some of the types of considerations and accommodations that are 343 Renter Owner Total Large Households Households Households Belvedere 10 33 43 Percent 23% 77% 4% Corte Madera 50 176 226 Percent 22% 78% 6% Fairfax 32 87 119 Percent 27% 73% 4% Larkspur 42 144 186 Percent 23% 77% 3% Mill Valley 68 208 276 Percent 25% 75% 4% Novato 697 920 1,617 Percent 43% 57% 9% Ross 14 103 117 Percent 12% 88% 15% San Anselmo 30 184 214 Percent 14% 86% 4% San Rafael 1,471 637 2,108 Percent 70% 30% 9% Sausalito 4 24 28 Percent 14% 86% 1% Tiburon 43 170 213 Percent 20% 80% 6% Unincorporated 447 1,231 1,678 Percent 27% 73% 7% Total County 2,908 3,917 6,825 Percent 43% 57% 7% Total large households percentage is the percentage ofALL households Source: U.S. Census, 2000 People Living with Disabilities The 2000 U.S. Census reported 7,831 individuals age 5-64 with a disability in San Rafael, accounting for 14 percent of the population. Approximately 45 percent of people living with disabilities aged 21-64 are not employed. In addition, there are 2,533 disabled seniors in San Rafael, comprising 35.5 percent of people over age 65. Overall, 10,364 individuals, or 18.5 percent of San Rafael's total population, are identified as disabled. The design of housing, accessibility modifications, proximity to services and transit, and group living opportunities represent some of the types of considerations and accommodations that are 343 important in serving this need group. Incorporating barrier -free design in all new multifamily housing is especially important to provide the widest range of choice. Doing so is required by the California and Federal Fair Housing laws. Special consideration should also be given to the issue of income and affordability, as people with disabilities may be in fixed income situations. Chapter 671, Statutes of 2001 (Senate Bill 520) requires localities to analyze potential and actual constraints upon the development, maintenance and improvement of housing for persons with disabilities and to demonstrate local efforts to remove governmental constraints that hinder the locality from meeting the need for housing for persons with disabilities. The has mechanisms either through the variance or exceptions process to modify standards to accommodate persons living with special needs. The City will conduct an evaluation of its zoning ordinance and other policies to identify and eliminate potential barriers to the construction of housing for people with disabilities. San Rafael provides reasonable accommodation for persons with disabilities with respect to zoning, permit processing and building laws, and makes this information available to the public. The City does not restrict the siting of group homes nor require a minimum distance between group homes. Group homes with 6 or fewer occupants are permitted by right in single-family homes, and the City does not have any occupancy standards in the zoning code that apply specifically to unrelated adults. Group homes with over 6 persons are allowed in all residential districts with a Use Permit. The approval process for a Use Permit for a group home is the same as for any other residential development and requires public notice and approval by the zoning administrator or a public hearing and approval by the Planning Commission. For a detailed description of this of this permitting process, see the discussion of Potential Governmental Constraints and Opportunities. People living with disabilities who are on fixed incomes may require a wide range of different housing, depending on the type and severity of their disability as well as personal preference and life-style. Housing designed "barrier -free," with accessibility modifications, on-site services, mixed income diversity, proximity to services and transit and group living opportunities represent some of the types of considerations and accommodations that are important in serving this need group. Examples of recently built affordable projects in San Rafael include the 11 unit low income Ecology House, which is a national model for people with environmental sensitivities, and 1414 Lincoln, which is 7 units for the disabled. The City's zoning code has been determined to be in compliance with the Americans with Disabilities Act. San Rafael allows displacement of required on-site parking if it is to accommodate ADA accessibility facilities (ramps, etc.) and offers reduced parking standards for any development, including housing for the disabled, wherever reduced need can be demonstrated. The Building Department administers Title 24 provisions consistently for all disabilities -related construction and responds to complaints regarding any violations. As the population ages, handicapped -accessible housing will become even more necessary. Consideration can be given to handicapped dwelling conversion (or adaptability) and appropriate site design. Buckelew, Allegria, MARC and the Marin Center for Independent Living serve people living with disabilities. The Marin Center for Independent Living, for example, serves approximately 4,000 people a year throughout Marin County. Most of their clients live under the poverty level, the average client earning about $7,200 a year. 344 Sinsle Parent and Female -headed Households Female -headed households need affordable housing with day care and recreation programs on-site or nearby, in proximity to schools and with access to services. Households with female heads, like large households, may have difficulty in finding appropriate -sized housing. And despite fair housing laws and programs, discrimination against children may make it more difficult for this group to find adequate housing. Women in the housing market, especially the elderly, low and moderate income and single -parents, face significant difficulties finding housing, and both ownership and rental units are extremely expensive relative to the incomes of many people in this population category. According to the 2000 U.S. Census there are 2,011 households headed by a female in San Rafael, accounting for 9 percent of all households in the city. Of these, 1,156 have children under the age of eighteen. San Rafael is home to a "safe house" providing transitional housing for women and a safe place to live when leaving an abusive partner and establishing a new life. Marin Services for Women provides drug and alcohol recovery services for women and their families. Their programs include primary treatment (including a residential treatment program), community education on women and addiction, and transitional housing. The organization provides 12 housing units for women coming out of primary treatment programs. These affordable housing units do not include space for children. The housing is transitional, and clients generally stay 6 to 12 months. In order to be eligible for housing, women must be in recovery, maintain sobriety, and maintain their apartment. They check in with Marin Services for Women staff once a week. Marin Services for Women also provides jobs services, including linkages with vocational programs. The current waiting list for the residential treatment program or the transitional housing averages about 30 people a month. Priority is given to pregnant women. There is a significant dropoff rate from the waiting list, because if people have to wait, they are much less likely to seek help. Marin Services for Women could easily double their clients, because the need is clearly there. The demand for treatment has increased tremendously since Proposition 36 passed in 2000. Marin County is in process of implementing that law, which requires some people charged with drug possession to undergo treatment instead of imprisonment. This has resulted in a lack of residential treatment capacity countywide, and an increase in outpatient treatment, whether that is appropriate or not. The ability for recovering substance abusers to remain sober can be affected by the inability to find affordable housing. The high cost of housing, poor credit, and in some cases a criminal record can make finding long-term housing difficult. In addition, most traditional female jobs pay less resulting in fewer resources to pay for housing. Farmworkers State law requires that housing elements evaluate the needs of farmworker housing in the local jurisdiction; however, ABAG did not assess the regional need for additional farmworker housing in the Bay Area. Most if not all San Rafael residents employed in farming occupations are employed in wholesale and horticulture businesses and there are no localized needs for seasonal or other types of farmworker housing. There was no migrant worker housing identified in San Rafael in the 1990 Census. (The 1990 Census reported only 17 housing units in the entire county 345 to be for migrant farm workers.) The 2000 U.S. Census reported 15 individuals employed in farming, fishing, and forestry occupations residing in San Rafael. Local Workers Public employees and local workers can also have special housing needs in communities with particularly high housing costs. Although they may commute from other places in the region, we can define employees as a group with special housing needs, developing appropriate policies and programs to address those needs. Already the mismatch between the location of jobs and housing is straining the region's roadways and environment. As the cost for housing near job centers has risen, workers have sought more affordable housing in communities farther and farther away from their jobs, compounding traffic congestion. This trend is common in many regions in California. A recent survey by Marin County found that 50% of County employees and 80% of public safety employees live outside of Marin. The make-up of the City's firefighter roster shows that of the 75 firefighters 64% live outside of Marin County. In 2000, the public employees union (MAPE/SEN) conducted a survey of over 1,500 represented employees working for 14 different agencies, including the County of Marin. The survey found over 52 percent owned a residence, and 57 percent of those would like to move closer to work. Almost 23 percent of those completing the survey failed to identify themselves as eligible for some sort of housing subsidy or support when indeed they would be eligible. More than half the renters considered owning a home as their top priority. Down payments and mortgage payments appeared as roughly equal obstacles preventing employees from living close to work. Many public agency jobs pay salaries in the very low and low-income category. Of the respondents, 74 percent were eligible for a subsidized housing program of some sort according to the income levels established by HUD. By examining County income levels for Union members with a family of one, the Union determined that 94 percent of those employees qualify for assistance, with 57 percent qualifying for Section 8 rental subsidies. The difference between 74 percent and 94 percent may represent the added benefits of spousal income, something the survey could not track. The most frequently reported income was $35,000 per year, which would qualify for a Section 8 subsidy. Over half the respondents had incomes of less than $45,700, which for a family of two also makes them qualified for Section 8 subsidies. Commutes averaged from 34 - 37 minutes and ranged from 5 minutes to 3 hours. Given that this figure represents one direction, members reported spending over an hour per day commuting. This is slightly above federal statistics from the last census data for Northern California. Impacts can occur in lost worker productivity, lack of connection with the community, and difficulty in employee recruitment and retention. Individuals and Families Who Are Homeless Homeless individuals and families have perhaps the most immediate housing need of any group. They also have one of the most difficult sets of housing needs to meet, due to the transient nature of the population and both the diversity and complexity of the factors that lead to homelessness. Community opposition to the siting of housing that serve homeless clients is also a potential impediment. 346 Based on discussions with Homeward Bound, the homeless population (persons either homeless or at imminent risk of homeless) is growing countywide. The homeless population in California is estimated at approximately one percent of the state's total population. About a third consist of homeless families. Homeless circumstances vary considerably. Homelessness and near - homelessness is an important countywide concern. The key findings of a 2001 report prepared by the Marin Continuum of Housing and Services (a collaboration of over twenty Marin organizations providing housing and related services) were as follows: (1) Approximately 3.5% of Marin's population was either homeless or in imminent risk of becoming homeless at some point in 2001. (2) 1,909 households comprising 2,885 people were homeless in Marin at some point in 2001, with 689 of those being children (24%). (3) 2,413 households comprising 5,768 people were at imminent risk of losing their housing during 2001. (4) Over one third of homeless and at -risk households were families with children. (5) 30% of the homeless and at -risk households were working families. Household incomes averaged $922 per month (16% of the median income). (6) 3,051 Marin children were either homeless or at imminent risk of homelessness in 2001. Although homelessness is a countywide issue and the population is transient, it is difficult to estimate an exact number of homeless persons in San Rafael. The most reasonable way to approximate San Rafael's homeless population is to ascertain the San Rafael Planning Area's "share" based upon its proportional population (28% of the County's population). Thus, San Rafael's "share" of the homeless population is estimated to number 515 households comprising 779 individuals. The City has several facilities serving homeless needs including: Ritter House, which provides day services (showers, phone, food, clothing); several residential facilities for treatment of alcoholism; two shelters (1 transitional); a hotel voucher program; one shelter for women; and St. Vincent's Dining Hall, which provides free meals. In addition, the Police Department has developed a model program of having a Police Officer (with a Ph.D.) trained to work with mentally ill homeless persons in finding treatment and assistance in finding a place to live. Downtown, there are several single room occupancy buildings providing valuable affordable housing for the very low income. The following are strategies for the City to participate in addressing the needs of people at risk of homelessness in the county: (1) provide more affordable housing; (2) provide opportunities for second units; and (3) provide additional financial support to homeless service providers. The City should also continue to participate in local and countywide programs to provide for a continuum of care for the homeless including emergency shelters, transitional housing, supportive housing and permanent housing. Tho Ew-.. IaI$c\' Zo-.ix g-Qfdir.:.\-zjo ental• 0— inpad .nems to the , ,,..,...uet hemeles shelteFs. Under the City's current zoning_plan, homeless a -shelters eexld beare allowed in areas zoned for office or commercial uses with a Conditional Use Permit. Under a Use Permit, the City can apply standards for homeless shelters as conditions of approval addressing a variety of issues related to: (1) exterior design (such as landscaping, lighting and parking); (2) interior features (such as safes, laundry, and shower facilities); and (3) shelter operations (such as house rules or shelter operation). The existence of the CUP requirements may well act as a Governmental constraint on the development and placement of homeless 347 shelters. To study and address this issue, the City has created Housing Proeram H -16d. which requires the City to analyze zoning for homeless shelters. Homeless shelters, both permanent and temporary (seasonal shelters, up to six months) are listed in San Rafael's zoning ordinance. Transitional housing is not subject to zoning restrictions. The table below summarizes the districts where homeless shelters are permitted as a conditional use ("C"). If the space is blank, the use is not permitted. Permanent homeless shelters are allowed in many of San Rafael's commercial districts, and temporary shelters are allowed throughout the city. Exhibit O: Homeless Shelters by Zoning District Shelter Type R DR MR HR PC GC NC O C/O R/O FBWC Permanent C C C C Temporary C C C C C C C C C C C 2/3 2/3 5/M I LI/O CC I/O Shelter Type 4SRC HO CSMU MUE MUW WEV R/O Permanent C C C Temporary C C C C C C C C C C District Key 4SRC: Fourth Street Retail Core R: Single-family HO: Hetherton Office DR: Duplex Residential CSMU: Cross Street Mixed Use MR; Multi -family Medium Density 2'3 MUE: Second/Third Mixed Use East HR: Multi -family High Density 23 MUW: Second/Third Mixed Use West PD: Planned Development District WEV: West End Village GC: General Commercial 5/M R/O: Fifth/Mission Residential/Office NC: Neighborhood Commercial I: Industrial O: Office LI/O: Light Industrial Office C/O: Commercial;Office CCI/O: Core Canal Industrial'Office R/O: Residential Office FBWC: Francisco Boulevard West Commercial San Rafael provides most of the emergency shelter facilities in Marin County, including a free dining hall, a day services center, and several transitional housing facilities. "At Risk" Housing Government Code Section 65583 requires each city and county to conduct an analysis and identify programs for preserving assisted housing developments. The analysis is required to identify any low income units which are at risk of losing subsidies over the next 10 years. The table on the next page lists assisted housing developments in San Rafael. Based on this analysis, there are no units at risk during the planning period of the Housing Element. Further, while Martinelli House, Nova House and Pilgrim Park Apartments have federally assisted mortgages that will be exuiring within the ten years, these three develouments are owned by non-urofit 348 groups that have publicly stated their intentions to continue to overate their Droverties as affordable housing after the expiration of those mortgages. While there are no assisted units at risk due to expiring Federal mortgages, the continued reduction of the Federal project -based Section 8 program could have a significant negative impact on existing assisted housing developments. Exhibit P: Assisted Housing Developments in San Rafael, 2003 Project Name 1050-1070 Cresta Highlands of Marin 1351 Lincoln 1606 Third St. 11-241-44 161 & 165 Novato St. 39 Mary St. 5 Golden Hinde 175-292-36,37 55 Fairfax 626 Del Ganado 178-113-23 710 Fourth St Belvedere Place 162 Belvedere St. Carmel Hotel 831 B Street Centertown Third & C Streets Ecology House Gordon's Opera House 1337 Fourth St Hickory House Owner Name Northbay Properties II EAH (Non-profit) R. Copple 1299 Fourth St, Ste. 207 San Rafael CA 94901-3028 Canal Community Alliance (Non-profit) Catholic Charities (Non-profit) Marin Housing Authority BRIDGE Housing (Non-profit) Marin Housing for Handicapped (Non-profit) MCIL (Non-profit) BRIDGE Housing (Non-profit) Homeward Bound (Non-profit) Centertown Assoc. (Non-profit partnership) Ecology House, Inc. (Non-profit) Art Works Downtown (Non-profit) Exodus No. of Units 33 6 (Developmentally Disabled) 5 8 8 40 (Senior disabled) 40 12 Subsidy Bonds Sec. 811 1996 HOME, Mortgage, Rev. Bonds Date of Termination 2029 2016 RDA, MCF 2040 RDA 1993 in pereputity In perpetuity 100% VL, CDBG, HOME Public Housing (1) RDA Loan, 2057 CDBG,HOME FHA, Section 202 Section 8 2007 5 RDA, CDBG 2027 26 RDA, TCAC, HOME, 2055 MCF 29 RDA, CDBG 2028 60 RDA owns land -75- 2064 year lease. TCAC, DCBG, RDA loan I I Sect. 811, CDBG, 2029 HOME 17 RDA 2039 6 CDBG Private (2) 349 I Lone Palm Maria B. Freitas Marin Hotel 1111 Fourth St Martinelli House 1327 Lincoln Ave 11-183-07 Mills St. Shelter Nova House 393 Nova Albion One H St Parnow Friendship Pilgrim Park Apts. 96 Pilgrim Way 179-222-31 Rivera 455 Canal Roger Green 7 Mariposa Rotary Manor 1851 Fifth Ave. 10-291-66 San Rafael Commons 302 Fourth St. 14-092-22 St. Vincent's 822 B St. (Non-profit) Continuum Housing Mercy Charities (Non-profit) Homeward Bound (Non-profit) Mercy Charities (Non-profit) Homeward Bound (Non-profit) MARC (Non-profit) Continuum Housing EAH (Non-profit) Pilgrim Park, Inc. (Non -profit -church) EAH (Non-profit) Buckelew (Non-profit) Rotary Manor 1851 Fifth Ave. San Rafael CA 94901 (Non-profit) BRIDGE Housing (Non-profit) St. Vincent's (Non-profit) (Disabled) 60 60 19 66 (Senior disabled) 40 6 20 72 61 28 10 99 mortgage RDA, TCAC 2047 Sect. 202, HOME 2040 RDA 2015 FHA Section 236 (J), 2014 CDBG CDBG Sect. 202, CDBG, HOME RDA S 100,000 Sect. 202, CDBG FHA Section 236 CDBG, Tax Credits HOME, RDA RDA, owned by non profit 83 RDA Reg. Agreement Tax Credit & Bonds Sect. 236 (J) (I) 7 RDA (2) 2012 2028 PRAC expires 2017 2010 2057 2040 2017 2056 2041 Sundance Marin Housing Authority 28 NA -Public Housing (1) 95 Medway RDA Town Center Rafael Town Center Investors 38 RDA 2025 998 Fourth St Turina House EAH 28 Tax credit 2057 10 La Brea Wy (Non-profit) Venetia Oaks Marin Housing Authority 36 Public Housing (1) No. San Pedro Rd. (1) The Marin Housing Authority (MHA) owns and manages two public housing developments at 5 Golden Hinde and Sundance, 95 Medway Drive. These developments are dependent on federal subsidies to maintain their operating budgets, but there is no risk that the units will convert to market rate as long as the federal government continues financial support. (2) Owned by non profit housing groups with private mortgages. No Federal funds so no risk of expiring covenants. Source: San Rafael Community Development and Economic Development Departments, 2003 Based on a study in 2001 conducted by Barbara Collins, Marin County Affordable Housing Strategist, there are 3,226 deed restricted affordable housing units currently in Marin County. There are an additional 1,597 proposed units in various stages of the development process. Of those, 945 are planned for the City of San Rafael, with most of those units incorporated into the Hamilton Reuse Plan. For planning purposes, deed restrictions for 33.1 % of the established 350 affordable housing stock will expire in the next 15 years. Countywide, developments which are "at risk" of expiring through to the year 2007 contain 825 units eligible to convert to market rate units based on funding restrictions, with some exceptions. Of the 825 units, 58 units are designated in the Below Market Rate program managed by Marin Housing Authority, and are generally restricted permanently with a slight cost increase to cover resale or legal expenses. Beginning in the year 2007 through 2012 there will be 266 units "at risk" of converting to market rate in Marin County. Of these, 91 are BMR units subject to resale controls. Program actions to preserve "at risk" units include working with the property owners and/or other parties to ensure that they are conserved as part of the City's affordable housing stock. A key component of the actions will be to identify funding sources and timelines for action, as described in the programs section. EVALUATION OF THE CURRENT HOUSING ELEMENT Overview The City's current Housing Element was adopted in 1989. The first step in updating the Housing Element is to conduct a thorough and critical evaluation of the 1989 Housing Element. What worked well? What didn't? And what could be done better? What's missing? State law requires that three major areas of consideration be addressed through the evaluation process and reflected in the updated Housing Element: (1) Appropriateness of Goals, Objectives, and Policies (65588(a)(1)). A description of how the goals, objectives, policies, and programs of the updated element incorporate what has been learned from the results of the prior element. (2) Effectiveness of the Element (65588(a)(2)). A review of the actual result of the earlier element's goals, objectives, policies and programs. The results should be quantified where possible (e.g., rehabilitation results) but may be qualitative where necessary (e.g., mitigation of governmental constraints). (3) Progress in Implementation (65588(a)(3)). An analysis of the significant differences between what was projected or planned in the earlier element and what was achieved. Below in Attachment A is a detailed, program -by -program evaluation of the 1988 Housing Element. There are many factors which affect the success or apparent failure of a policy or program, including what the City has done and what other agencies or groups have done to implement the program. Other factors affecting program success include the effects of the economy in general, decreasing availability of state and federal funding for new below market rate housing, or lack of opportunity to implement the program. Summary of Accomplishments The City of San Rafael is sensitive to the many converging and competing interests, desires and views in the City relating to development of housing, preservation of the character of San Rafael's neighborhoods and ease of getting around, and protection of environmentally sensitive areas. To encourage housing in the Downtown, General Plan incentives were adopted in 1988 and 1996 that: (1) allow height and density bonuses for affordable housing; (2) encourage mixed-use development by modifying development potential calculations; (3) reduce the parking 351 requirement for downtown units; (4) provide live/work opportunities; and (5) provide for single - room occupancy units. In addition, in 2001, the General Plan was amended to review inclusionary requirements to better target new rental housing to very low and low-income households. San Rafael supports the development and acquisition of affordable housing units by non-profit and for-profit developers. Since 1991, the San Rafael Redevelopment Agency has provided financial assistance that has resulted in an additional 212 affordable rental units and the preservation of 744 rental units restricted to very low and low-income persons. All of these units have ongoing affordability restrictions monitored by the Redevelopment Agency. Community Development and Redevelopment Agency staff works closely with housing advocates and developers to create financially viable projects. Financial support is available in a variety of forms, including loans, grants, tax credits and outright purchases. 352 Exhibit P: Affordable Housing Units Built or Approved by Jurisdiction (1988-1998) 353 Very Low Low Moderate Total Income Income Income Units Belvedere 3 8 0 11 ABAG 1988-1998 Need 1 1 1 3 Percent of ABAG Need Met 300% 800501, 0% 367% Corte Madera 7 27 15 49 ABAG 1988-1998 Need 74 66 88 228 Percent of ABAG Need Met 9% 41% .17% 21% Fairfax 19 71. 12 102 ABAG 1988-1998 Need 54 41 52 147 Percent of ABAG Need Met 35% 173% 23% 60% Larkspur 8 49 28 85 ABAG 1988-1998 Need 156 123 164 443 Percent of ABAG Need Met 5% 40% 17% 19% Mill Valley 8 9 21 38 ABAG 1988-1998 Need 28 22 28 78 Percent of ABAG Need Met 29% 41% 75% 49% Novato 0 50 856 906 ABAG 1988-1998 Need 777 648 864 2,289 Percent of ABAG Need Met 0% 8% 99% 40% Ross 0 0 0 0 ABAG 1988-1998 Need 2 2 2 6 Percent of ABAG Need Met 0% 0% 0% 0% San Anselmo 0 14 1 15 ABAG 1988-1998 Need 9 8 9 26 Percent of ABAG Need Met 0% 175% 11% 58% San Rafael 56 196 255 507 ABAG 1988-1998 Need 738 527 703 1,968 .percent of ABAG Need Met 8% 37% 36% 26% Sausalito 3 7 6 16 ABAG 1988-1998 Need 56 41 59 156 Percent of ABAG Need Met 5% 17% 10% 10% Tiburon 16 3 0 19 ABAG 1988-1998 Need 65 54 65 184 Percent of ABAG Need Met 25% 6% 0% 10% Unincorporated 153 230 178 561 ABAG 1988-1998 Need 44 34 47 125 Percent of ABAG Need Met 348% 676% 379% 449% Total County 273 664 1,372 2,309 ABAG 1988-1998 Need 2,004 1,567 2,082 5,653 Percent of ABAG Need Met 14% 42% 66% 41% Source: Housing Need Determinations, ABAG, September 1988; Local Jurisdictions, 2000 353 The Redevelopment Agency planning period runs to 2004-05. Between 1999 and 2005 the RDA is anticipated to collect $8,454,000 in housing funds and is expected to spend $8.4 million leaving a balance of $54,000 at the end of 2005. In 2005-06 the RDA anticipates receiving another $930,000. The RDA has not yet budgeted that money but it is anticipated that $500,000 would be spent which would leave an anticipated balance of $484,000 at the end of 2005-06. In summary, the RDA anticipates receiving $9.384 M and spending $8.9 M from 1999 to 2005-06. SB 1045 adopted in the 2003-04 legislative session requires all redevelopment agencies to contribute to the Educational Revenue Augmentation Fund (ERAF). The ERAF contribution for the San Rafael Redevelopment Agency is estimated to be $170,000 for 2002-03 and $305,000 for 2003-04. Current Agency bonded indebtedness may require the Agency to borrow a portion of these funds from the Agency's low and moderate income housing fund to be repaid over a period of ten years. Future actions by the State Legislature may result in additional ERAF contributions from redevelopment agencies. The Legislature and Governor's office have also proposed utilizing all unallocated redevelopment agency low and moderate income housing funds to contribute to the State's budget. Removing all unallocated housing funds from the San Rafael Redevelopment Agency would jeopardize future housing projects where the funds have not yet been allocated and would negatively impact the Agency's ability to initiate and complete affordable housing projects and activities. The Redevelopment Agency works closely with the development community to assist in the creation of new housing units. The type of assistance varies by project. The Agency staff is available during the pre -development process to provide technical assistance in the areas of zoning, parking, site constraints and environmental cleanup. Once the pre -development and due diligence processes are completed, the Agency can provide direct financial assistance. In the past Agency assistance has included purchasing the land, long term ground leases at favorable rates, Agency grants, and Agency loans with favorable repayment terms. Agency staff also provides assistance on tax credit applications and issues tax exempt bonds for tax credit projects. In addition to the services outlined above, the San Rafael Redevelopment Agency provides direct loans and grants to non profit organizations that are acquiring and rehabilitating affordable housing units. The chart entitled Assisted Housing Projects, San Rafael 2003 lists the projects that have been assisted by Redevelopment Agency funds to date. The Agency Implementation Plan for 2000/01 to 2004/05 lists the following projections for very low and low income units in the Redevelopment Project Area and the City of San Rafael: (1) Housing Units Rehabilitated — 212; (2) New Units — 301; and (3) Units Assisted — 5. The Planning Commission and City Council have unanimously supported new housing development. Housing development in the past 12 years has provided a significant amount of affordable housing including Centertown, Maria B. Freitas Senior Housing, and Ecology House. San Rafael's Redevelopment Agency tracks the `below market rate" units and ensures that they are providing housing for households of the targeted incomes. Because of the City's inclusionary and density bonus policies, about 25 percent of the new housing in San Rafael is affordable to households earning below the median household income level. In short, implementing San Rafael's housing policies is a team effort, grounded by General Plan policies and empowered by a vision that affordable units are an essential part of San Rafael's housing stock. The City continues to support a multi -faceted approach to housing that builds 354 upon these successes, maximizes the chances for broad community consensus and fulfills the State of California's requirement that adequate housing potential exists to meet specified housing needs. Kev Findings from the Evaluation of the Citv's Current Housing Element In general, the goals, policies, and programs in the 1988 Housing Element have provided a comprehensive set of actions to meet the City's affordable housing needs and provide a diversity of housing types. The entire General Plan, including this revised Housing Element, reaffirms City goals by: (1) acting as a guide for municipal decisions which affect the quality and quantity of housing; (2) maintaining housing growth within limits of available services; and (3) maintaining San Rafael's present quality of life by balancing the availability of housing with other environmental and neighborhood considerations. San Rafael's housing strategies are to: (1) Preserve and strengthen San Rafael's neighborhoods so that they continue to improve over time. (2) Be proactive in new housing so that changes continue to enhance San Rafael, making it an ever -increasingly attractive place to live; and (3) Target resources for effective partnerships involving neighborhoods, businesses, civic and service organizations, and the County in addressing housing needs. The City's strong commitment to meeting the needs for affordable housing is demonstrated through permit streamlining, financial support, and community involvement. Housing policies are written so that affordable housing is targeted to a variety of economic levels, integrated into projects and dispersed throughout the community. Implementation of a policy is handled on a case-by-case basis to provide flexibility in responding to unique site or project circumstances. Support is also provided by elected officials and a business community who understand the critical role affordable housing has in making San Rafael a balanced and healthy community. Because San Rafael has little remaining vacant land available for large-scale development, building on smaller or under-utilized sites scattered throughout the city will be important in meeting its housing needs. These "infill" sites must be developed in a way that best adds value to a neighborhood. Encouraging new housing development at appropriate densities, promoting mixed -uses where housing can be incorporated into areas of commercial -only or industrial -only uses, and supporting continued development of second units will help make better use of our land resources and help to address San Rafael's housing needs. 355 Housing policies must be integrated with related issues such as land use, design, traffic capacity, economic development, adequate infrastructure, and others. For example, design policies for multifamily housing will help to ensure enhancement of neighborhood identity and sense of community so that new housing will have a sensitive transition of scale and compatibility in form to the surrounding neighborhood. Linkages with land use strategies that encourage use of transit are also supported in housing policies. The following findings and recommendations are based upon the review of current policies and programs as contained in the program evaluation (see below): (1) Continue the City's proactive role in protecting neighborhoods and existing housing, and in assuring that new housing continues to enhance the City's diversity, economy and quality of life. (2) Broaden affordability requirements in new housing developments. Establish higher percentages of affordable units when traffic allocation and density bonuses are requested. (3) Require new nonresidential development to contribute to production of affordable housing, such as providing housing on- or off-site, subsidizing mortgages and/or rents and payment of in -lieu fees. (4) Support housing, either as redevelopment or infill, to improve certain areas of town. (5) Encourage second units as a means of dispersing small, affordable units throughout the community by modifying zoning regulations and processing requirements. (6) Require that illegal units are abated/removed or legalized. (7) Expand allowances for mixed-use and infill housing development near transit and in commercial areas in order to create housing near workplaces. (8) Encourage development at higher densities within easy walking distance to transit where reduced automobile usage and parking requirements are possible. (9) Continue to support housing for population groups who require special assistance, such as homeless persons, people living with disabilities, seniors, large families, single -parent households; and to link housing to health and human services programs. POTENTIAL NON-GOVERNMENTAL CONSTRAINTS AND OPPORTUNITIES State law requires an analysis of potential and actual governmental and non-governmental constraints to the maintenance, improvement, and development of housing for all income levels. The Housing Element must identify ways, if any, to reduce or overcome these constraints in order to meet the City's housing needs. Land and Financine Costs The price of housing has risen since the late 70's at a much faster rate than household income. Contributing factors are the costs of land, materials, labor, financing, fees and associated development requirements, sales commissions, and profits. Another factor is the increasing perception of housing as a commodity for speculation. The typical cost to build an average quality wood frame single-family detached home is about $150 to $200/square foot, and more for more expensive custom-built homes. Construction costs for an average multiple family unit are generally about 20-25% less per square foot. 356 Vacant land within the City of San Rafael is limited (there are currently 24 vacant lots currently on the market). Since the demand for housing in the City is very high, the value of potential residential land is increasing and has become a substantial factor in the cost of providing housing. Local realtors report that current market prices for buildable lots for single-family dwellings average about $500,000 for a half -acre lot ($11.48/square foot). Land costs may exceed this amount in areas that provide more amenities or in the most desirable locations. Land costs for multifamily development heavily depend upon allowable densities, construction constraints, and potential fees for rezoning, general plan amendments and environmental impact review and mitigation efforts. According to local developers, fair market land values for multifamily development can be approximated at $30,000 to $35,000 per unit. Thus, one acre, properly zoned, with a 25 -unit density allowance, would cost approximately $700,000 ($16.07/square foot). Infrastructure Availabilitv Infrastructure, services and utilities needs for future development are addressed in the San Rafael General Plan. They do not represent a constraint to development as policies and programs are in place to assure that adequate infrastructure and services will adequately serve new in -fill development consistent with the ABAG Regional Housing Needs. Traffic, in particular, continues to be a community -wide concern. Sites closer to services and transit offer opportunities to provide housing with limited impacts on traffic. The City's traffic allocation program exempts housing development from participating in the program. The Marin Municipal Water District is a special purpose district with the responsibility for providing water services throughout Central and Southern Marin County. There have been restrictions placed on new water connections in the past. These restrictions were an interim constraint during drought conditions. Currently, there is no moratorium on new hook-ups. However, to be eligible for water service a property must front on an existing water main and the structure to be served must be within 125 feet of the main. A member of the City Council acts as a liaison between the City and the District. Financing Financing for above moderate or market rate housing is not restrained for those who can qualify. It is difficult, however, for first-time home buyers without capital or equity to qualify for financing without incomes near $100,000. For example, the income required for a $400,000 mortgage at 7.5% is about $100,000, which requires a monthly payment of about $2,800. Nationwide, there was a sharp drop in multifamily housing construction during the 1990's which contributed to low vacancy rates and rising rents. According to a study conducted by University of Southern California demographer and planner Dowell Myers, the reason for the drop was due to the loss of federal tax credits, local resistance to apartment construction, litigation and liability issues, and population changes. Until the 1990's single-family and multifamily permits were fairly evenly matched in California, but recently multifamily has represented only 22 percent of the total. Rental construction has become increasingly costly due to the same factors as single- family houses. For these reasons many developers prefer to use scarce land to build units for sale in order to realize an early profit and minimize risk. Units for sale are also easier to finance during construction. 357 Communitv Concerns Potential opposition to affordable housing exists in many communities throughout Marin and the Bay Area. It is important in this regard to identify sites for special needs and affordable housing that fit with community character and have minimum impacts. Design plays a critical role in creating new developments that blend into the existing neighborhood, especially in higher density developments that might otherwise seem out of place. Good design can help ensure that high density developments are not bulky or out -of -scale. Through sensitive design, a building's perceived bulk can be significantly reduced to create a development that blends with the existing character of the neighborhood. Design strategies which the City has used to minimize the perception of bulk and create a blending with the community do not necessarily increase costs. These include: (1) Minimize building heights; (2) Break-up the building "mass" in its architecture and detailing; (3) Vary the roofline; (4) Create a three-dimensional facade (rather than a massive, flat facade); (5) Step -back the building height, with the lowest part of the building towards the street and adjacent properties, locating the highest part of the building towards the center of the property; (6) Site the building appropriately in relation to surrounding buildings; (7) Use architectural design, landscaping, materials and colors that fit with the area; (8) Use landscaping to blend the buildings with the natural setting; (9) Provide for open space and pathways throughout the development. The Marin Consortium for Workforce Housing was established to build public understanding and support for workforce housing. The Consortium focuses public concern on potential environmental impacts, quality of design, and the quality of long-term management of the project. The Housing Element includes a program to work with other entities to help address this potential constraint. In addition, the City's environmental and design review procedures assist in achieving project acceptability and allow for neighborhood participation. Working with Non -Profit Housing Developers Community Development and Redevelopment Agency staff work closely with housing advocates and developers to create financially viable projects. Financial support is available in a variety of forms, from loans and grants to tax credits and outright purchase. The key to the success of non-profit developers lies in three areas: First, in their ability to draw upon a diversity of funding sources and mechanisms to make their developments work financially; second, in their commitment to working cooperatively and constructively with the local community, including local officials as well as neighborhood residents; and third, in their long-term commitment to ensuring excellence in design, construction and management of their developments, creating assets that are valued by the people who live in the developments as well as their neighbors and others in the community. All affordable housing developments in San Rafael have been the result of collaborative efforts between the government, affordable housing developers and the philanthropic community. In most cases, the City and/or Redevelopment Agency works collaboratively with non-profit developers to provide technical assistance, funding through Redevelopment housing funds, City in lieu fees, CDBG funds and the issuance of tax exempt bonds. The State and Federal 358 governments provide funding through the HOME program and tax-exempt bond allocations. The philanthropic community provides additional funding and the non-profit housing groups construct and manage the housing. Financing Incentives for Workforce and Special Housing Needs There are a wide variety of resources provided through federal, state and local programs to support affordable housing development and related programs and services. The single largest (and often least recognized) federal program is mortgage interest tax deduction, estimated at $54 billion in 1996 for the nation. The California Housing Plan (2000) reports that federal assistance for affordable housing was only $17.2 billion nationwide the same year. This assistance was primarily used to maintain and operate the existing supply of affordable housing. Outlays for new construction were considerably lower. California localities receive federal subsidies for affordable housing through a number of programs. Like State programs, federal programs often change in terms of program details, application procedures, and amount of subsidy dollars available. State agencies also play an important role in providing housing assistance by allocating federal housing funds and/or making loans available to affordable housing developments. The three principal agencies involved are the State Treasurer's Office, the California Housing Finance Agency (CI1FA), and the California Department of Housing and Community Development (HCD). Local government resources, especially through the Redevelopment Agency, have also played an important role in supporting housing development. Highlights of Redevelopment Agency achievements are described in the previous section. When developments are able to demonstrate a financial commitment and contribution from local sources—especially if coupled with regulatory support through policies such as fast-track processing, fee waivers, and/or density bonuses—they are better able to leverage funding from other `outside' sources. Additionally, all funding sources require separate reporting and data collection. When multiple funding sources are used (usually necessary), additional burdens are placed on developers to track the information required and report on a timely basis with limited staffing. POTENTIAL GOVERNMENTAL CONSTRAINTS AND OPPORTUNITIES Land Use Controls and Development Standards The City of San Rafael regulates the use of land within the City limits through the General Plan, the Zoning Ordinance, the Subdivision Ordinance and the Building Code. The General Plan provides overall densities and development policies for specific areas of the community. The Zoning Ordinance implements the General Plan and provides greater specificity on densities, height and yard regulations, etc. The City's Zoning Ordinance was revised in 1996 to include new Downtown zoning districts. Zoning has been used as a site-specific tool to derive the density and intensity of proposed land uses. Below is a summary of multifamily and mixed-use zoning standards. San Rafael's zoning allows densities higher than all other communities in Marin County. These requirements should be viewed in light of the fact that San Rafael is the hub of the County, centrally located from West Marin to the East Bay, and from north counties to San Francisco. San Rafael's multiple -family ("IIDRI") District allows 1 unit per 1,000 square feet of land area, 359 Exhibit Q compared to 1,500 square feet in most Marin cities' multifamily zoning districts. This translates to 43 units per net acre as compared to 29 units per acre as allowed in most Marin cities. In Downtown, densities of 62 units per acre are allowed in order to encourage more residential development in the city center. San Rafael has allowed even greater density on selected sites. San Rafael Commons, for example, was built at 90 units per acre, with the higher density allowed because it was an affordable senior project. In addition, the City granted a reduction in the parking requirements recognizing the lower parking demand of senior housing. San Rafael's highest density single- family ("R5") District allows lots as small as 5,000 square feet in size, which is the smallest single-family lot zoning allowed in Marin County. San Rafael also has a P -D (Planned Development) zoning district that allows for maximum development flexibility, providing that the project is consistent with General Plan policies. City of San Rafael Zoning Standards for Multi -Family and Mixed Use Residential Districts $uwrr City of S; Rafael'Lunlug Ordhmurr 360 Minimum Seth A. Building Mlnlmum Lot Arca Width Front Side Rear Height Building Lot Line Classification Permitted Use (square fret) (ft.) (ft.) (ft.) (ft.) (ft.) Coverage Arra/111 DR Duplex Residential Duplex 5.(11) 50 15 3 10 3U 40'XG 2.5(K) MR5 Multi ramily Resldemial Multi -family 6,000 60 15 10 5 36 40% 5.001) MR3 M(�LIM-family Residential MUllt-ramliy 6.00)0 60 15 10 5 36 50% 3.(7(1) MR2.5 M uM family Residential Multi -family 6,000 60 15 l0 5 36 50% 2,5(K) MR2 lvluM family Residential Multi-ramily 6,000 60 15 10 5 36 50% 2.000 HRI.8 lAuM-famlly Residential Multi -family 6,000 60 15 3 5 36 60% 1,800 HR1.5 Mulb-family kesldential Multi -family 6,000 60 15 3 5 36 60% 1,500 HR1 Mulb-family kesidential Multi-famlly 6,000 60 15 3 5 36 60% 1,000 GC benhal Comt6rcial Mixed Use 5,000 60 NR NR NR 36 NR n/a NC Neighborhood Commercial Mixed Use 5,000 60 NR NR NR 30 NR 1.800 C/O Comm erclal/Office Mixed Use 5,000 NR NR NR NR 36 NR 1,000 R/O Reside ntlal/Office Mixed Use 5,000 60 NR NR NR 36 NR 1.000 4SRC Fourth Street Retail Core Mixed Use 5,000 NR NR NR NR 3654 N R 600 HO Hetherton Office Mixed Use 5.000 NR NR NR NR 46.66 NR 1100 CSMU Cross Street Mixed Use Multl-famlly 5,000 NR NR NR NR 36-54 NR 600 2/3 MUE Second/Third Mixed Use East Mixed Use 5.000 60 5 NR NR 54 NR GOO 2/3 MUW Second/Third Mixed Use West Multi-famlly 5,000 60 5 NR NR 36-42 NR I,l)DO WEV West End Village Mixed Use 5,000 26 NR NR NR 30 NR 1.000 5/M R/O Fifth/Mbslon Multi -family 5,000 60 NR -15 NR NR 42 NR 1.000 NR = No Restriction $uwrr City of S; Rafael'Lunlug Ordhmurr 360 Land use controls can be viewed as a constraint in that they determine the amount of land to be developed for housing and establish a limit on the number of units that can be built on a given site. General Plan 2020 and subsequent Zoning Ordinance amendments will provide additional sites for multifamily housing by allowing housing in more commercial areas, and by allowing densities that make affordable housing feasible. San Rafael has developed parking standards intended to provide reasonable off-street parking standards for various types of housing. A generalized comparison of parking standards in Marin County is shown below. San Rafael's standards have been developed carefully to reflect parking usage locally and to ensure adequate on-site parking for new residents. The City also has established a parking district in the downtown to encourage residential uses. For instance, no parking is required for up to 3 units in the parking assessment district, provided the units are an infill addition to an existing nonresidential structure, and that the units are 2 bedroom or less and no larger than 900 square feet in size. Exhibit R: Parking Standards in San Rafael Downtown Parking Other Areas of Most Common Residential Use Type Citywide Assessment District Downtown Standard in County Accessory Dwelling Unit (Studio/One-Bedroom) 1.0 1.0 1.0 1.0 Duplex 1.5 I.0 1.0 2.0 Mixed Use By Use By Use By Use n/a Multi -Family: Studio (depends on size of unit) 1.0-1.5 1.0 1.0 1.0-1.5 Multi -Family: One -Bedroom 1.5 1.0 1.0 1.5 Multi -Family: Two -Bedroom (depends on size of unit) 1.0-1.5 1.0 1.5 2.0 Multi -Family: Three -Bedroom 2.0 2.0 2.0 2.0-2.5 Guest Parking 0.2 0.0 0.0 0.20-0225 Senior Housing' 0.75 0.75 0.75 1.0 Single Family Dwellings 2.0 2.0 2.0 Source: City of San Rafael Community Development Department; Marin Housing Workbook (2001) On- and off-site improvements can include curbs, gutters, storm drainage, street widening and paving, driveways, and sidewalks for a typical residential project. Street lighting, traffic control devices, street trees, bus facilities, and bicycle facilities may also be required. More expensive improvements can be necessary where the site includes special environmental resources, mitigation of slide hazards, inadequate downstream drainage, or other special conditions pertaining to the site. The improvements required by San Rafael are fairly standard when compared with other cities in Marin County. Based on the assessment, the City's standards, such as San Rafael's parking standards, compare favorably to other jurisdictions, and do not pose a constraint to development. For example, in 1996, San Rafael conducted an extensive analysis of Downtown parking standards. The resulting changes reduced the parking requirement in the Downtown area because the demand for parking is not as great as in more suburban areas. San Rafael's standards are also tailored to the size of the unit. Program H -1 8f speaks to continuing to assess and identify more flexible parking standards. 361 Second Units A second dwelling unit is a small unit in addition to the main house on a single-family lot. Second units have the following benefits: (1) They provide flexibility for the owner of the main home (they can be used as an apartment for elderly parents, or a source of income); (2) When rented they help make home -ownership affordable for the owner of the home; (3) They can provide flexibility for seniors or other homeowners who rent their primary dwelling because they still want to live in the same neighborhood; (4) They provide lower cost housing because the units tend to be small and there are no extra land costs (surveys show that half of the units collect $0 rents); (5) They are easier to fit in to existing neighborhoods since they are small and are often part of the main house. Over the past 14 years 74 second units have been approved, estimated as follows: 11% (8) studio units; 82% (61) 1 -bedroom units; and 7% (5) 2 -bedroom units. San Rafael's second unit regulations allow second units parcels with a minimum lot size of 5,000 square feet and require owner occupancy of the principal or second unit. The floor area of the second unit can be up to 40% of the gross square footage of the principal dwelling, but can be at least 500 square feet. The maximum size is 800 square feet, unless a Use Permit is granted, which can allow a maximum size of 1,000 square feet. If added to a principal single-family unit, the height limit is 30 feet. If located in a detached accessory building, the height limit is 15 feet unless a Use Permit is granted. Studios and 1 -bedroom units require one parking space; 2 - bedroom units require two spaces. Parking may be uncovered, and, under certain circumstances, may be tandem. The second unit must have a separate entrance from the principal unit and cannot be located on the same side as the front entrance of the principal unit. Second units must comply with design guidelines. In particular, a second unit must maintain design consistency with the existing structure so that the architectural detailing, window style, roof slope, building materials and exterior colors are similar. The type of permit and level of review required for a second unit depends upon the size, height, and location of the second unit. If the second unit is located on the ground floor of the principal unit, meets the standards discussed above, and conforms to setbacks, only a building permit, with plan check by the Planning and Building Divisions, is required. An Environmental and Design Review Permit is required for a second unit that (1) exceeds 500 square feet and are located above the ground floor of the principal unit, (2) is located above the ground floor of a detached accessory building, or (3) is located in a detached accessory building that does not meet required side or rear setbacks. A Use Permit is required for a second unit that is in an accessory building that does not meet required side or rear setbacks or is above 15 feet in height. In 2003, there were 10,599 single-family homes in San Rafael; approximately 9,000 are on lots that meet the minimum lot size requirement of 5,000 sq. ft. Current and future market conditions are also expected to have an impact on second unit construction. The high demand for affordable apartments, coupled with poor economic conditions that compel many homeowners to look for additional sources of income, is expected to spur an increase in second unit development over the next few years. In addition, changing demographics, as described earlier in this element, will create a long-term increase in demand for "granny" units for aging parents (In 2000, 1,613 people over 65 lived alone in their homes). 362 With the recently adopted zoning changes to our Second Dwelling Unit Ordinance that eliminated the Use Permit fee and public hearing process to streamline the process considerably, and that reduced the parking requirement, the City expects, based on initial inquiries, an increase in the number of homeowners interested in adding a second unit to their home. The expected cumulative effect of these conditions will be to increase annual production, resulting in additional second units to be added to the housing stock over the current planning period. In June of 2001, the City of San Rafael conducted a survey of 74 property owners of approved second units. The results of the 2001 survey and the 1990 survey are shown below. The 2001 survey revealed that an overwhelming majority of second units are 1 -bedroom units with one resident. An analysis of the rent levels demonstrates that nearly half of the second units are affordable to very low and low income households, and support the assumptions made that a significant proportion of new second unit production will be affordable to very low, low and moderate income households. 363 Exhibit S: Survey of Second Units (Results from 1990 and 2001 Surveys) San Rafael has continuously promoted second units as a housing option. Efforts include providing a comprehensive handout about `how to have a second unit,' including information about second units on the City's website, promoting the second unit program through the Sail Rafael Focus City newsletter, offering staff consultation for adding or legalizing a second unit, and pursuing an amnesty program for legalization of illegal second units. General Plan programs include continuing to promote and publicize second units through departmental handouts and the City's website. Building Code San Rafael uses the Uniform Building Code (UBC), which sets minimum standards for residential development and all other structures. The standards may add material and labor costs, but are felt to be necessary minimums for the safety of those occupying the structures. Modification of the code in order to reduce the cost of housing would not be appropriate if it affects safety or adversely impacts neighboring properties. The City's zoning code has been determined to be in compliance with the Americans with Disabilities Act. San Rafael allows displacement of required on-site parking if it is to accommodate ADA accessibility facilities (ramps, etc.) and offers reduced parking standards for any development, including housing for the disabled, wherever reduced need can be demonstrated. The Building Department administers Title 24 provisions consistently for all disabilities -related construction and responds to complaints regarding any violations. The City has made several amendments to the Code applicable to residences, requiring fire sprinklers in all buildings and Class A fire -retardant roofs for fire protection. Due to the prolonged dry season and the City's topography, these are warranted upgrades. The City's sewer, storm drain, and other engineering standards conform to Marin County standards, and the City requires only minimum road widths and improvements in new developments. On-site drainage and frontage improvements are required for residential development where they do not exist. Costs vary depending on the size of the lots. 364 1990 Survey 2001 Survey % Number of Approved Second Units 32 74 Number of Survey Responses 20 30 41% Number of Units Occupied 17 23 77% Number of Renter -Occupied Units NA 22 96% Number of Owner -Occupied Units NA 1 4% Number of Studio Units 2 3 11% Number of One -Bedroom Units 13 23 82% Number of Two -Bedroom Units 2 2 7% Number of Units with One Resident NA 18 78% Number of Units with Two Residents NA 5 22% Percent Affordable to Very Low and Low Income 82% 46% Households Percent Affordable to Moderate Income Households 18% 13% Range of Rents $0-$875 $0-$1,895 Average Rent $504 $905 Range of Estimated Incomes $16,000 - $30,000 $16,000 - $62,901+ Source: City of San Rafael Community Development Department, 2003 San Rafael has continuously promoted second units as a housing option. Efforts include providing a comprehensive handout about `how to have a second unit,' including information about second units on the City's website, promoting the second unit program through the Sail Rafael Focus City newsletter, offering staff consultation for adding or legalizing a second unit, and pursuing an amnesty program for legalization of illegal second units. General Plan programs include continuing to promote and publicize second units through departmental handouts and the City's website. Building Code San Rafael uses the Uniform Building Code (UBC), which sets minimum standards for residential development and all other structures. The standards may add material and labor costs, but are felt to be necessary minimums for the safety of those occupying the structures. Modification of the code in order to reduce the cost of housing would not be appropriate if it affects safety or adversely impacts neighboring properties. The City's zoning code has been determined to be in compliance with the Americans with Disabilities Act. San Rafael allows displacement of required on-site parking if it is to accommodate ADA accessibility facilities (ramps, etc.) and offers reduced parking standards for any development, including housing for the disabled, wherever reduced need can be demonstrated. The Building Department administers Title 24 provisions consistently for all disabilities -related construction and responds to complaints regarding any violations. The City has made several amendments to the Code applicable to residences, requiring fire sprinklers in all buildings and Class A fire -retardant roofs for fire protection. Due to the prolonged dry season and the City's topography, these are warranted upgrades. The City's sewer, storm drain, and other engineering standards conform to Marin County standards, and the City requires only minimum road widths and improvements in new developments. On-site drainage and frontage improvements are required for residential development where they do not exist. Costs vary depending on the size of the lots. 364 The City enforces energy conservation standards enacted by the State. The standards may increase initial construction costs, but over time will result in energy savings. San Rafael also has a very active Code Enforcement program intended to respond to code violations and the early stages of deterioration. The program requires remedial actions or abatement to maintain the safety of housing units. Permit Approval Process Like all local jurisdictions, the City of San Rafael has procedures and regulations for project review and approval. A project proposed in San Rafael is typically involved in some combination of the following review processes: environmental review, design review, use permits, building permits, subdivision maps, and rezonings. Exhibit T: Planning Permits Required for Housing Development, 2003 Level of Type of Permit Review Type of Development Facilitation Comments Design Review Permit, Staff Flag lot homes Design Review Board (if needed), Administrative addresses access and visibility issues Design Review Permit, Zoning Hillside homes, 2 unit Design Review Board (if needed), Minor Administrator development addresses environmental and design compatibitility issues Design Review Permit, Planning Ridgeline homes, 3+ unit Design Review Board, addresses Major Commission development environmental and design compatibility issues Use Permit, Administrative Staff Mixed Use residential, Zoning standards address design most districts and compatibility issues for development in commercial and industrial areas Use Permit Planning Mixed use residential For compatibility issues in Commission development in commercial and industrial areas Neighborhood Commercial District Planned District Zoning City Council Development on lots five To encourage cluster development acres or larger in size to avoid sensitive areas and to encourage innovative design by allowing flexibility in property development standards. Project Selection Process City Council Review of larger projects For implementation of land use (10-15+ units) and and circulation policies; affordable allocation of remaining housing a priority criteria in traffic capacity and evaluation. achieve desired community goals. Undue delays in processing project applications increase a developer's costs. In San Rafael, many permits are processed concurrently at the discretion of the applicant. Housing developments that propose 15% or greater affordable units are prioritized for processing, but are subject to the same public involvement process as other applications. 365 Other methods the City uses to assist with timely review of development applications include: procedural application checklists for clarity; option of pre -application feedback by the Design Review Board; early involvement of neighborhood residents to provide information and identify potential issues; Development Coordinating Committee (interdepartmental) identification of issues; and concurrent processing of applications. The costs and timing of processing are the result of State requirements, local procedures, the quality of project submittals and local resident review. In 1989, the City approved a "Neighborhood Meeting Procedure" intended to formalize early meetings with neighborhood groups on specific development applications. This procedure has proven extremely successful in identifying key project issues and appropriate project modifications that in the long run reduce the time in processing an application through the public hearing process. Neighborhood Meetings are required of larger projects to allow for early review of and input on development proposals. The City requires a developer of larger projects to meet with the neighbors to hear their concerns and suggestions. The meetings are open to the public, and interested parties such as housing advocates typically attend. While the meeting is not co- sponsored by the City, the project planner attends to provide information as needed about the review and approval process. The neighborhood meeting process has proven effective in early identification of issues, and better communication between the developer and neighbors. San Rafael has found that involving the community early in the development process helps residents understand community housing needs, engages them in the design process, and results in more acceptance and a better project for the neighborhood. Early involvement by the affordable housing groups and the Workforce Housing group provides an opportunity for projects that are sensitive to neighborhood design concerns while providing a housing product that addresses the needs of the local workforce. • - .,ffi eapaeity has be o a limiting faete - tl,, gheut Mar-inCounty and �:rtany other- paAs of theBay-Ma Na. Ea. PaF 1 has developed speeif : standards for- tF ffie level of _o, -,.__e Fehealth and safiaty . reasons, eensistent with State 1 , . ats. The City has identified tfaffie impaet areas and has established pr-qjeet approval pr-eeedures for- pr-9jeets in these areas. This o ,, ' eea approval ua Yr.......a.,. Gufrently, the D :t.. D.- .,t D.- e.7. a (PPP) pelf applies to pr-ejeets .,ffeeting the T 0 Freitas n.,., -T ye,; l�terehange ei+wal Ilu- identifies .,f-er-d ale housing Bets , ,;tl, „ :nin;r.r.. 3'f 1°/ , ar.��R other- types „f.,reje„ta, am fr�jaets "wlilih cIvall 7caiver-ier-ity—in areas where there is limited eir—euiatien ec'ipaeity. la addition, a linita.d number of "be tfip IIYD has b3e ., st..,,ng : e..tiye for- f - .1„ bic hz/4&i..b M bz buil`. it h resulted i 92 .,ff^,.dable .,its , nstn.,.ted sinee its ; ,-.t;,,,, _ Traffic Capacity and Growth Allocation Traffic capacity and limitations on transportation infrastructure have become severelv limiting factors throughout the Citv, as well as the Countv and manv other parts of the Bav Area. To properly manage traffic capacity in a wav that best serves the Citv's health, safety. and welfare, and consistent with state law requirements. San Rafael has developed suecific standards for traffic, 366 levels of service. To effectivelv manage these levels of service while also promoting smart growth within the citv. San Rafael developed several mechanisms by which traffic capacity is regulated and infrastructure limitations are mitigated. First, in 1988 the Citv initiated its Prioritv Project Procedure (PPP), which allocates traffic capacity to proposed development proiects based on traffic impact, community need, and available infrastructure. Currently. applies to proiects affecting the interchanges at I- 580/Hivhwav 101/Bellam Ave.. Luca Vallev Road/Smith Ranch Road/Highwav 101, and Freitas Parkwav/Highwav 101. Under the current General Plan, affordable housing proiects with a minimum of fifteen percent (15%) affordable units are among the tvpes of proiects given priority in the identified traffic impacted areas. In addition, a limited number of bonus trio allocations are reserved for proiects providing a significant amount of affordable housing. Since PPP was initiated in 1988, over 600 housing units have gone through the development process and been built in the affected areas, North and East San Rafael, resulting in the creation of over 92 affordable units. As part of General Plan 2020, Tthe Citv will has efooesed amend PPP, and redesignateinee it the Project Selection Process (PSP) program. As proposed, PSP will apply citvwide, rather than being limited to proiects in North and East San Rafael. The program lists `affordable units' as a specific benefit category (it is in fact the first benefit listed), and projects proposing a higher percentage of affordable housing units receive a higher rating. Specifically. PSP would increase the proportion of affordable units as part of its rating system from the current 15% as follows: Proiect size Pgycentaee of affordable units for rating of: Minimal Acceptable Preferred Excellent 2-10 units* 10% 11-13% 14-15% > 16% 11-20 units 15% 16-18% 19-20% > 21% 21+ units 20% 21-23% 24-25% > 26% * Given the exemptions noted above for smaller proiects, it is unlikelv that proiects of this size will be renuired to go through the PSP process Further, the PSP program as proposed exempts the following proiects: ■ Small proiects generating less than 10 peak hour trips (approximately 10 single- family homes or 15 multifamilv units) will be exempt from, and thus not affected bv. the PSP program. ■ Housing proiects where 100% or more of the units are restricted to be affordable to low and moderate -income households. Under PSP. San Rafael allows proposed proiects to submit for PSP review regardless of the status of the proiect, be it in conceptual stage or fullv approved. In other words. Projects do not have to go through a two-step review process of receiving proiect approval before submitting an application for PSP, therebv streamlining the proiect review timeline. As proposed, the above -discussed PSP program seeks to strike a balance between the sometimes - conflicting needs of the Citv. The Circulation Element of General Plan of 1988 and General Plan 2020 identified traffic congestion as one of the top concerns of San Rafael residents and business owners. As a result, the Citv Council has had to balance San Rafael's limited traffic capacity against other communitv needs, including but not limited to the need to develop housing for all income levels. Absent a means by which to regulate the rate of growth, traffic capacity would 367 increase in a manner that would not ensure that some of that capacity is designated for affordable housing, and the City's identified levels of service would be hushed well -below acceptable levels. The current plan's implementing programs for feF-the Priority Proiects Procedure (PPP)P&P and the Public Facilities DeveloDment Fee (traffic mitigation fee) Ordinance gives the City Council the flexibility and the policy tools necessary to help Dromote affordable housing while also mitigating traffic impacts and protecting the City's health. safety and welfare. Further. the City Council has the discretion to override the PSP Drogram where it deems it necessary for the benefit of the City. General ProcessinLy Times (a) Subdivisions: Three to six months or more depending on the level of review (i.e., Subdivision Committee or Planning Commission). (b) Rezonings: Rezonings are usually part of a larger project proposal and take greater than 6 months to process. (c) Use Permits/Variances: Usually take two to three months. (d) Building Permit Applications: Usually take two to four weeks. The Design Review process usually is two to three months. There are design criteria for residential development. These criteria are contained in the City's various neighborhood plans, the General Plan, and hillside residential and other design standards contained in the Zoning Ordinance available online at http://ordlink.com/codes/sanraVindex.htm. The following is an analysis of the permit approval process for residential development in San Rafael. This analysis addresses properties designated by the General Plan for residential development. All properties with residential land use designations have corresponding zoning; accordingly the rezoning process is not assessed in this analysis. Similarly, almost all of the remaining residentially zoned properties are infill lots, and subdivision is not an issue. Unless it is developed under PD (Planned District) zoning, a single discretionary permit is required to develop single-family and multifamily housing in San Rafael — the Environmental and Design Review Permit. The Planning Commission grants Environmental and Design Review Permits after a public hearing. The Planning Commission's action may be appealed to the City Council. The City Council considers appeals from Planning Commission actions at public hearings. The Design Review process elements and timeline are described in the table on the next page. There are two exceptions that require additional discretionary review. Presently, second units and dwelling units in commercial districts require Use Permits in addition to Design Review, in order to address potential conflicts of housing in an urban setting. For residential use in a commercial district, an Administrative Use Permit is reouired: the permit specifies Derfommnce standards that ensure comDatibility of use. The Duroose of the use Dermit is to consider the aDDroDriateness of residential use given. the surrounding non-residential land uses and to attempt to mitigate any Dotential conflicts or nuisances. Because Use Permit applications are processed simultaneously with Design Review applications and follow the same timeline. there is no additional delay. In unusual circumstances, such as a substandard lot size, a Variance application may be required. Variances are also processed simultaneously on the same schedule as Design Review. San Rafael also has an exception process to grants minor adjustments to certain zoning standards, such as height. Processing time for single-family or multifamily projects is dependent on whether an Environmental Impact Report (EIR) is required. San Rafael follows the procedures set forth in 368 the California Environmental Quality Act (CEQA) and Guidelines. Hillside sites are more expensive to develop due to known geotechnical and access problems. Environmental protection requirements, including protection of endangered species, tree removal, habitat loss, etc. may add significant time to the development process and additional cost where it is necessary to evaluate the effects of the project and mitigate adverse impacts. Fees charged by the City for CEQA processing cover the City's processing costs. CEQA Section 15332 ("Infill Development Projects") allows San Rafael to categorically exempt from CEQA review infill development consistent with the San Rafael General Plan and Zoning requirements. The City also applies CEQA Exemption Section 15303 for new construction or conversion of small structures. Other agencies, such as the MMWD, the BAAQMD and the the RWQCB, also impact processing time. Environmental and design review implements General Plan policies by guiding the location, functions and appearance of development to respect and protect the natural environment and assure that development is harmoniously integrated with the existing qualities of the city. Environmental and design review applications are approved or denied by the Planning Commission, Zoning Administrator, or Community Development Director depending upon the scope and nature of the project. Exhibit U: Design Review Process Elements and Timeline Task Time Application Filed Project sponsor submits completed application plans forms, supporting documents and fees. Plans consist of 1 day architectural drawings at the schematic level, landscape drawings and grading plans. A geotechnical analysis and/or traffic report may be required as supporting documents. Completeness Review Staff reviews application and circulates plans to City departments to determine whether additional information is 15 days required, and for recommended conditions of approval. Completeness Notice Notice sent to sponsor advising that project is complete or is incomplete and additional information is required. 1 day Follow -Up Submittal If the application has been determined to be incomplete, the sponsor will submit follow-up information as requested. The time to complete this task is determined by the project varies sponsor. If the application was found to be complete, this task is skipped. Environmental Review The application is reviewed to determine whether the project is exempt from CEQA or if an Initial Study is 1 day to required. Most projects are found to be exempt. If a Negative Declaration is prepared, environmental review can 6 months take the full 6 months allowed by law. Staff Report A detailed evaluation is conducted and a staff report is prepared. 30 days Public Hearing 369 A public notice is sent 10 days (if exempt) before the hearing to property owners within 300 feet of the project 10 days site. The Planning Commission conducts a hearing and takes action to approve or deny the project. Source: City of San Rafael Community Development Department Public notice and hearing are not required for issuance of an Administrative Environmental and Design Review permit. For upper -story additions, a courtesy notice is sent to adjacent property owners and the neighborhood and/or homeowner association(s). The Community Development Director may refer an application to the design review board and reserves the authority to refer any project that is judged not to be a routine matter to the planning commission. Environmental and design review applications for "minor" physical improvements are subject to a public hearing. Major physical improvements are first reviewed by the Design Review Board (which is an advisory body) and then by the Planning Commission. A significant number of Environmental and Design Review applications for single-family homes are reviewed at the staff level or by the Zoning Administrator. The Planning Commission reviews major development — not minor work/upgrades, and only for design review (not use permit). While the time involved in review of design review applications can add to development costs, the City undertakes design review of projects to ensure their "fit" with the community. While Design Review may require more processing time and impose some additional requirements, it is not considered a constraint because it is important that new projects blend with the community, becoming a natural and integral part of the existing neighborhood fabric, both visually and structurally. Design Review requirements generally provide an opportunity for design issues to be raised early in the review process, thus helping to assure community acceptance of a project proposal, which can reduce delay due to project appeals and other forms of community objections. The City endeavors to reduce unnecessary costs associated with the design review process by providing initial consultations with the Community Development Director. Sketches of the design of a proposed structure or alteration are submitted for informal staff review so that an applicant may be informed of environmental and design review board policies prior to preparing working drawings. In addition, the applicant of a development subject to major environmental and design review may submit an application for preliminary review by the Design Review Board. Preliminary review focuses on the conceptual design approach, and gives both the design review board and the applicant the opportunity to work together before a formal public hearing takes place. San Rafael's design standards strive to provide objective criteria for design review. They cover site design, architecture, and landscape design. The majority of San Rafael's design standards relate to the design and placement of architectural and site features and do not add to the cost of building and development. Other design standards, such as the requirement to underground utility connections, to provide screening of refuse areas, to provide units that are accessible to the disabled, to use high-quality building materials, and the preference to use natural building materials in the exterior design may add to development and material costs. 370 Any incremental development costs, however, are considered necessary in order to maintain the quality of housing, to ensure that new construction blends in with the existing design of the neighborhood, and to improve residential areas where substandard design and construction may be prevalent. Over the years since design standards have been in effect they have not been found to adversely affect the supply of new affordable housing. Conversely, clear design standards have been found to be helpful in gaining neighborhood approval of new housing, thereby reducing processing time. In addition, the City has found that design standards are instrumental in gaining community wide acceptance of higher density development that includes affordable housing. San Rafael's experience has been two -fold in regards design guidelines. The first is that as a community with little vacant land, more focus has been given to the appearance of new buildings; the design review process has been continually refined to ensure effective input and review of proposed projects. The City's Hillside Design Guidelines won a national planning award when adopted in the early 1990s - these guidelines are invaluable in streamlining the site and building design process. Secondly, San Rafael has not required proscriptive design standards, allowing instead for creative design approaches and solutions, such as a triplex BMR built in a high-end single-family subdivision. In San Rafael, design guidelines have proven to be helpful, and not a detriment, to the design of new housing. The City does not require a Conditional Use Permit for multifamily developments. However, the Cit, does require an Administrative Use Perinit, with specific performance standards. for residential uses in commercial districts. An Administrative Use Permit is processed concurrently with other planning applications, and based on the past approvals since 1992 there has been no processing or approval delav associated with such permits. The Git�, dees net mquir-e a Use PeEmit for- multifitmily de,. slc"grt, thus the foeus on the design pr-eeess. (An dmiinzz. rra`ive Use Do,-m:t :Fequir-edfor- ,. ixe , residential �e 219p1rel}t; a clitytir.o y of thisst -e .,,1: ed p e :11 be ineluded in the Element's o o� Multiple applieations-fer the -same -pre}eet (i.e. SubdMsion a -z U32 Pen:nit) are pr-eeessed eeneuffently, the timeframes ., e mci.-drz—ar i, andnot eumulati e. A seg : eemplianee with the Pefmit ct-&D–mlin–kn , A eta the City a tly ,.,-.,iides handouts detailing submittalfequir-ements for- development appheations. The following programs provide the direction needed for successful development applications: Program H -3b for the preparation of residential design guidelines with the purpose of providing specific criteria to review applications efficiently, Programs H -4a and H -4b to identify the purpose of neighborhood meetings and the need to prepare information to the public on housing needs, and Program H -21c to identify ways in which the City will process affordable housing projects efficiently. Design guidelines for Downtown and for Montecito/Happy Valley Neighborhood continue to provide neighborhood assurance that development will be continue to be an improvement and not a detriment to the community." Part of the issue in being proactive in regard to housing is the availability of City staff to implement housing programs. For more than 10 years the City has funded a Housing Specialist position to assist City and Redevelopment Agency staff. In addition, the Marin County Housing Element recommends the creation of a Housing Assistance Team (HAT), coordinated by the Marin County Affordable Housing Strategist that would be available to assist the staff in all jurisdictions. The HAT tasks could include: (1) Assistance to San Rafael City staff in Implementing Housing Element programs; 371 (2) Assistance and support in maintaining Housing Element certification; and (3) Technical assistance on housing matters. The Housing Element recommends the following programs to address issues related to the timely processing of development applications: (1) Update Housing Design Review Criteria. This program would refine and update the City's design guidelines and handouts. (2) Modify Second Dwelling Unit Development Standards and Procedures. Consistent with State law (AB 1866), this program eliminates the requirement for Use Permit applications for second units, consistent with State law. Local Permit Fees Costs associated with the permit Drocess may act as a constraint to the development of affordable housing, including affordable housing. Line item Dermit costs are related to the cost of staff time processing applications and inspections. These fees vary depending on site conditions, location and the tvDe and design of development, the need for environmental review. In the Dast. the City has also assessed traffic improvement mitigation fees for Droiects in three impact areas of the City. Fees are assessed on development Droiects that increase afternoon Deak hour traffic, with each Droiect Daving a Drorata share of designated area wide improvements based on the number of afternoon Deak hour trips expected Droiected to be generated by the proiect. The traffic mitigation fees in these impact areas differ based on the needs and cost for the traffic. improvements. The fees are adiusted annually. The traffic mitigation fees are Daid to fund area - wide traffic improvements that enable development to occur within a safe and acceptable traffic, level of service standard. These fees are currentiv between $1,000 and $3,000 Der residence depending on the neighborhood traffic improvements required. The City has about the same Dermit fees when compared to other cities in the county. Traffic, Impact Fees, in total, have been less than manv other cities, as shown in the following table on the next page. As the table shows, many cities, unlike San Rafael, charge high capital facilities fees (e.g.. Community Facilities Fee, Fire Facilities Fee). In addition. the maior fees in Marin County are the Marin Municipal Water District's connection fees, compared with other water agencies in the Bay Area. To lessen the burden planning and building Dermit fees have on affordable housing Drocess, the City has adopted Resolution 11025 which provides for a fee waivers for Planning and Building permit fees for affordable housing Droiects. Fees can vary depending on site conditions, location and the tvDe and design of development, the need for environmental review, etc. Costs , eted with the pet=fn t p e:,c5 "., j F as a eenstfaint to t1, development of of f , fable heusing� ?rrr- i.em pen:nit eests are related to the eest of staff time preeessing ai-p�ax`iens-and inspeeti3m. Thi Cit, ,assesses t. ff;. mr„t mitigation f'o s � eets n dwee impaet Fees afe � assessed ,le ..p re1„t „Y_ �t 1.� 1,iner-easeafterneen pea1 t� F ff e, with a eh „ nt .. yiag a tIn` ni the nunlbf aftemeen 1 1, trips+ d � b + .a b the ..t The ti.eff;e oc¢2[ xxo c[I c7cDccTc�[o-Dl�c�r"Q[G�G1It-Prole mitigation fees in these impaet areas dif'fo b.7 e ., the needs and ..t for- the tf f' e „tom The Fees are ed;_usted C—xv-Rally. Th t. ff' mitigation foe afe paid to fundn e tiw ,rcvc uir is impco-taments that efiable aeyel.,pme„t t Gu ..:thin a cam and . ptable traffie level of ser-,Aee-standard. These feac arc zrdrr , depending on the neighborheedtra 2.imlwtutamentsr-equir- 372 t_r The City has about the zemic rcFmit fees =her. aormparea to et4e . side in the , „t j. Tmpaat total,fees, in > as shomi in the -'-I- - 14 next page. The City has adopted a r-eseltition establishing ., fee , for Pkmni-g a-nd Building pe mit fees v.-: ;gar}• ae„ending , n site , nditi ns t,.,.atie.. andthe t,Te and ,design of development, the need fer emir-onmental r-eview, etc-. Exhibit V: Survey of Total Impact Fees for Selected Cities (Based on 2, 000 square foot single family home) Comm City Facilities Drainage Fire Housing Parks Traffic School Sewer Water Total Livermore n/a $614 n/a $11,973 $3,405 $5,683 $12,245 $9,353 $2,859 $45,159 San Marcos $40 $6,584 $727 $4,875 $10,894 $7,843 $6,580 $2,400 $3,381 $43,310 Cotati n/a $1,355 $400 $14,000 $2,138 $250 $4,100 $5,600 $6,515 $35,468 Santa Rosa $2,555 $5,660 n/a $9,707 $2,855 $2,834 $4,100 $3,727 $3,690 $35,149 Carlsbad $6,421 $540 n/a $2,925 $5,436 $7,500 $4,100 $2,755 $5,005 $34,684 Brentwood $1,872 $2,397 $1,013 n/a $1,050 $5,845 $10,512 $4,881 $6,729 $34,287 Novato (proposed) $2,421 $1,874 $782 $3,364 $4,401 $5,861 $4,100 $4,480 $5,482 $32,965 Windsor $1,383 $1,943 $503 n/a $7,198 $6,071 $4,100 $10,138 $7,150 $32,489 Poway n/a $1,570 $381 $2,000 $2,720 $660 $7,700 $5,931 $7,274 $28,235 San Diego $14,916 n/a n/a n/a $100 n/a $4,100 $2,500 $4,504 $26,120 Oceanside $1,301 $1,105 n/a $7,875 $2,200 $1,848 $4,100 $3,793 $3,098 $25,320 Chula Vista $2,618 n/a n/a n/a $4,375 $7,015 $4,100 $2,220 $4,427 $24,755 San Rafael n/a n/a n/a n/a $1,509 $3,182 $4,100 $1,595 $10,241 $20,583 Source: David Rosen & Associates tnnnnl The City has Dronosed adopting a Resolution that would expand aDDlication of the traffic mitigation fee to all areas of the City and would increase the fee to meet the arowina thoroughfare and infrastructure improvement needs. SDeciiically, the DroDosed fees will be imposed Citvwide rather than in the Dreviouslv designated three impacted areas, and the fees will increase to $4,246 Der A.M. Dlus P.M. Deak hour triD. The fees are Daid to fund area wide traffic improvements that enable development to occur within a safe and acceptable traffic level of service standard. As with application and Dermit fees, the Citv waives traffic impact fees for affordable housina units. Even increasina the traffic mitigation fee in the table above, San Rafael would continue to rank amona the lowest of the surveyed, comparable cities. In a 2004 Public Works survev. staff found the following Traffic Mitigation Fee charged by jurisdictions in the Bav Area: • County of Marin: $5,315 Der Dm Deak hour trip in the Northgate Activitv Center ■ County of Marin: $4.113 Der Dm Deak hour trip in the West Sir Francis Drake Blvd. area ■ Larkspur: $3.399/Dm Deak hour trip ■ Tiburon: $1.008 to $5.712 Der triD. denendina on the location ■ Davis: 3.500 to $5.227 for a single-family home ■ San Tose: $4.700 to $15.700 for a sinale-familv home ■ Fremont: $2.126 for a single-family home ■ Orinda: $4.289 for a single-familv home ■ Pleasanton: $8.739 for a single-familv home over 1.500 so. ft. 373 San Rafael: $7.473 for a single-family home (based on a $4.246 fee for AM and PM peak hour tries) .area The traffic mitigation fees are necessary in order to fund circulation imurovements necessary to improve safety and relieve congestion during the time Deriod covered by General Plan 2020. General Plan 1020 Droiects Dlanned develoument citvwide through 2020, lists needed transDortation imurovements, and identifies funding sources. including the Traffic Mitigation Fee. to Day for those imurovements. Without this funding, the City would be unable to fund the infrastructure imurovements necessary to suDDort DroDosed develoument, including housing Droiects, the result being a significant and unacceptable decrease in the traffic levels of service identified in the Circulation Element of the General Plan. Affordable Housing Requirement Since 1988, the City has had a requirement that market rate units contribute to the develoument of affordable housing ("inclusionary housing"). This program has resulted in the develoument of 576 deed -restricted affordable units. The inclusionary Drogram has been one of the City's most successful urograms in creating Dermanent affordable housing. Some members of the develoument community have stated that the affordable units will have to be "subsidized" by the market rate units, which will result in higher prices for the market rate units, and thus act as a constraint on the develoument of housing. However, no data has been presented showing this to be the case in San Rafael. Further, the City's housing studies indicate that the main determinant on the cost of housing in San Rafael, as well as elsewhere in Marin, continues to be the price that the market is willing to Day. In addition, affordable units have some economic benefit to the uroDerty owner/developer, despite their restricted return,: 1) The current BMR -restricted sales Drices exceed the Der -unit cost of develoument in San Rafael. 2) Through aDolication of State Density Bonus requirements, the affordable housing requirements for larger Droiects will actuallv create more market rate units than would otherwise be allowed under San Rafael's develoument and zoning schemes, thus further reducing any Durported "subsidy". For examDle, a 20 -unit Droiect would be required to Drovide 4 affordable units, and would thereby qualify for the State density bonus, which could allow an additional 5 market rate units. Under the Citv's inclusionary Drogram, additional density bonuses are also available to any developer that agrees to dedicate affordable units above the minimum requirements of the Ordinance. San Rafael is no longer unique in requiring develoDers of market rate housing to DarticiDate in addressing_ the affordable housing dilemma. The County of Marin and the Cities of Novato, San Anselmo, Mill Valley. Fairfax and Larkspur have all adoDted inclusionary housing urograms. A 2003 survey of inclusionary housing by California Coalition for Rural Housing and Non -Profit Housing Association of Northern California demonstrated that 107 iurisdictions in the State had inclusionary zoning requirements. The record of these iurisdictions, as well as San Rafael itself, indicates that inlusionary zoning requirements do not act as a constraint on the develoument of market rate housing, and serve an imDortant Dublic uumose of Dromoting the develoument of affordable housing. 374 Article 34 Referenda California Law (Article 34) requires jurisdictions to place public housing projects on the ballot for local approval before construction. In 1977, San Rafael voters passed by a 73% majority, a referendum allowing construction of 120 publicly -financed housing units for senior citizens. Eighty-three of these non -market rate units were built in the San Rafael Commons project. The election indicates a general willingness to approve Article 34 referenda in San Rafael. By requiring referendum approval of all low rent housing projects "developed, constructed, or acquired in any manner" by any state or public body, Article 34 of the State's Constitution poses an obstacle to the delivery of housing suited to the needs of lower income households. In general, Article 34 applicability depends on three criteria. First, a state or public body must be involved in the project. Private sponsors developing low rent housing projects with federal or private money, for instance, are not subject to Article 34. Second, the State or public agency must develop, construct or acquire the project. Public agencies which lease low rent housing are not covered by Article 34. The third requirement is that the project be a low income rental development. The development of mixed income rental housing which is not 50% or more low income has been held by California courts not to require a referendum. State legislation exempts from the referendum requirement the following types of projects: (1) privately owned housing which is less than 50% low income rental; (2) privately owned housing which is not financed or subsidized by a State or local public agency; (3) cooperative housing, and any other type of owner -occupied housing; and (4) newly constructed, privately owned one - to -four family dwellings not located on adjoining sites. REGULATORY AND FINANCIAL INCENTIVES In order to promote the develop_ ment of affordable housing within San Rafael, the City has adopted numerous incentives. These include: • Fee waivers (see Housing Program H-92), including specifically traffic impact, ulannin2, and building fees for affordable housing Droiects. The City has also aDDroached Marin MuniciDal Water District about the Dossibilitv of reducing connection fees for such Droiects. • Priority under the City's PSP urogram and an exemption from aDDlication of PSP for 100% affordable Droiects. • Pursuant to the City's inclusionary housing ordinance, density bonues above and beyond those mandated by state law: • Height bonuses Dursuant to Dolicies established in the City's General Plan 2020 Land Use element. • Pursuant to Housing Program H-18LT. reduced Darkin2 standards. These incentives make clear San Rafael's commitment to uromotina the development of affordable housing. 375 AVAILABLE LAND AND ABILITY TO MEET "FAIR SHARE" HOUSING NEEDS In response to Housing Element law, the City is required to provide an inventory of known sites available for housing development as well as vacant and/or underdeveloped sites that can accommodate San Rafael's housing development needs determined by ABAG between January, 1999 and June, 2007. The City completed an inventory of built or approved developments since January of 1999 (see table below), and conducted a survey of vacant, underutilized and redevelopment areas of the City to assess needs and opportunities for additional housing development. Multiple family housing at higher densities, especially in coordination with a non-profit housing sponsor, can provide opportunities for lower income workforce affordable housing to be built. One incentive that the City offers to encourage affordable housing is to allow those developments that meet affordability criteria to develop their projects at higher densities. This allows cost items such as land, site design and long-term management and maintenance costs to be shared across a larger number of units, thereby bringing down the per-unit cost, and making it easier to achieve affordability goals. Projects which receive such density "bonuses" must guarantee units at below market rate prices for a specified period of time. The City will also exempt residential -only Droiects containing exclusively deed -restricted affordable residential units from the City's Priority Selection Process. The City has to satisfv two requirements when completing its site analysis. First, the City must identifv and/or designate adequate sites to meet the City's total housing needs, as established by ABAG. Second, the City must ensure that there are adequate sites at sufficient densities to accommodate the City's need for very low and low (lower income) and moderate income housing. Based on existing rents it is assumed that market rate rentals, as described on page 337, are affordable to lower- and moderate -income households. Other than second units, which are proportionately skewed to lower and moderate income households (see survev on page 361), it is generally assumed that a density of about 25 units/acre is needed to create opportunities for very low and low income housing to be built (based on current affordability levels, construction costs, long-term management/maintenance costs, competitiveness for financing, and land costs). San Rafael's track record and Droposed site analvsis indicate that both historically and going forward it has zoned sufficient lands at sufficient densities to promote the develop_ ment of housing, and specifically the creation of very low and low income units. For example, the City's Dast Derformance in meeting regional housing needs is excellent. The City has had a voluntary inclusionary housing policy since 1980 and a mandatory inclusionary reauirement since 1988, and has provided density bonuses since before the adoption of California Government Code Section 65915 mandating density bonuses for certain affordable housing Droiects. Lower and moderate income housing can be accommodated in every zoning district. Examples of recent Droiects developed at 25 units or more Der acre include the followine: 376 Thee e t e "ti es fie . h el. to nde .,tan the ..ae +e , e ,..., ua� , o p,..r�pe� ��t� �,..n�r�.�_�, � are +t,e adequate sites to meet the Git�,'s total housing needs?And (2) are thefe adequeAe sites suff;eie nt densities to et the Gity's eea e , t and low (la j:rr.-:e) :.n.. rnaderate ineeme housing? Based on &Eisfing r-ents it is assumed that mafket rate r-entals (as desefibed on pages 13 15 of the Housing Element Baekground seetion) are aff-er-dable to moderate ineeme households. Other- than seeend ssmum2d that a densit), of about 25 units/aere is needed to er-eate opportunities for very le and le ineeme housing to Lc 17.0t -(lased on eufFent of �..a. Mbit,, levels, eanstFuetion eests, ,,, „ +arm. zr;age e„+i,Y „+e e sts eempetitiveness for , and land eests). The G:+y of San Rafe ha3 Zn fl elle...+ +,..,et. ree,.,.a ; meeting et t'3uoCng :fie Gity has had veluntar-y nrya J YoariAg pall sinee 1999 and a rmn— elusionar-y '. ent sinee 1988, and granted density benuses before they beeafne State law. Lower- and vxeder-Ate inFeme housing earl3eaEeerneted i�re��e>eningdist�ic)r�sr.:l►1�c cf�eeer�t t.rvjevw u..velvt,.,u at 25 uiaas e Exhibit W: Downtown Housins. 1992 — 2004 Low Moderate Income Income 12 12 Market Rate at/or above Net 25 units/acre TOTAL Density Note 12 60 71 62% density bonus 3 2 25 2 5 18 19 19 75 Lone Palm Apts. 011-256-35 24 12 12 12 Very Project Name, Albert Lofts Low Location or Name APN Income Centertown 011-254-19 24 815 C Street Source: Communitv Clocktower 011-275-01 729 Lincoln at Fourth Street Boyd Court 011-300-01 to 1115 B Street 25 Rafael Town Cntr 011-222-04 998 Fourth and Court Streets Low Moderate Income Income 12 12 Market Rate at/or above Net 25 units/acre TOTAL Density Note 12 60 71 62% density bonus 3 2 25 2 5 18 19 19 75 Lone Palm Apts. 011-256-35 24 12 12 12 840 C Street Albert Lofts 013-012-33 17 94 931 Second Street Muir Terrace 011-310-01 to 1 12 1110-1126 Mission -13 Ave. Source: Communitv Develonment Department. 2004 30 44 Mixed-use project 25 69 25% density bonus 113 164 12' ht bonus 66% density bonus Mixed-use project 60 61 40% density bonus 76 Mixed-use project 13 43 Tandem parking San Rafael's highest density multifamily residential districts and many of its mixed-use zones allow 43 or more units per net site acre (one unit per 1,000 square feet of land area). Individual apartment projects typically are developed at the higher end of the allowed density range. Senior housing developments have the highest densities due to lower parking needs and smaller unit sizes. Since 1996, when land use and zoning changes were adopted to zone most of Downtown at a density greater than 25 units/acre, over 300 new units have been built, all of them at above 25 units/acre, with a third of those BMR affordable units, including 24 reserved for very low income households. 377 As noted above, the General Plan 2020 Steering Committee conducted an extensive survey of possible sites for additional housing in San Rafael. An original list of 87 sites was narrowed down to 36 sites. Community groups helped to identify constraints and opportunities for those 36 sites. In a Community Design Charrette held January 2002, over 100 people looked at six areas in depth, and housing was identified as a potential use in each of those areas. Information on the survey work is available in the reports Conzmunity Design Charrette Report, Housing Opportunity Loop Out Results, and Sununmy Housing Comments from 10/24/02 Community Meeting The resulting recommendations to redesignate and rezone many of the nonresidential areas of San Rafael for mixed-use development provide many more opportunities for additional medium and high density housing. For example, high density residential use is proposed to be allowed in office and general commercial land use districts, where residential is currently prohibited. The allowed density in these two districts is 25+ units/acre. The Land Use Element contains a program to make the necessary zoning changes . In San Rafael, there are many underdeveloped sites where new housing is possible. Nearly all of these sites are privately -owned, thus the difficulty of identifying the intentions of the private sectorfor specific -site development. Areas where new housing can readily be developed are identified on the following sites table which summarizes additional unit development potential in mixed-use areas. Exhibit X: Residential Potential in General Plan Land Use Districts. LAND USE DISTRICT Single -Family Residential (includes hillside and large lot) Med. Density Residential High Density Residential General Commercial (1) Lindaro Mixed Use (1) Marine (1) Neighborhood Commercial Office (1) Downtown TOTAL Source: San Rafael Community Development Department, September 2003. (1) Land use districts where housing will be a new allowed use. (2) For residential districts, includes only vacant lots. For mixed-use districts, lots less than 0.5 acres (0.2 acres Downtown), lots more than 50',o developed, and lots developed with gas stations, hotels or public utilities are excluded. All shopping centers included. (3) Mid -point of the density range for the zoning district, except for single-family residential which assumes one unit/acre. San Rafael is a city with very little remaining vacant land, much of it in environmentally sensitive areas. The following tables summarize units built or approved from January, 1999 to date compared to the regional housing need, and identify sites and areas having the potential to provide housing to help meet the demand for housing, as well as meet State law and regional housing need requirements. A brief description of the areas or sites identified is also included 378 VACANT/ UNDERDEVELOPED ZONING POTENTIAL TOTAL ACRES ACRES (2) DENSITY (3) ADDN. UNITS 6,410 159 1 159 563 13 10 130 279 1 25 25 206 107 25 2,627 13 2 10 22 93 17 10 167 38 25 10 252 196 16 25 391 111 55 25-47 1,318 395 5,091 Source: San Rafael Community Development Department, September 2003. (1) Land use districts where housing will be a new allowed use. (2) For residential districts, includes only vacant lots. For mixed-use districts, lots less than 0.5 acres (0.2 acres Downtown), lots more than 50',o developed, and lots developed with gas stations, hotels or public utilities are excluded. All shopping centers included. (3) Mid -point of the density range for the zoning district, except for single-family residential which assumes one unit/acre. San Rafael is a city with very little remaining vacant land, much of it in environmentally sensitive areas. The following tables summarize units built or approved from January, 1999 to date compared to the regional housing need, and identify sites and areas having the potential to provide housing to help meet the demand for housing, as well as meet State law and regional housing need requirements. A brief description of the areas or sites identified is also included 378 after the tables. As can be seen in the tables, the City has adequate sites to meet its regional housing needs with the land use and zoning changes that are part of San Rafael General Plan 2020. 379 EVALUATION OF SPECIFIC SITES AND AREAS FOR HOUSING DURING THE TIMEFRAME OF THE HOUSING ELEMENT (1999-2007) The exhibit above demonstrates that San Rafael, with lots currently available and with those areas Pending rezoning concurrent with the adoption of the new Housing Element, has sites can_ able of providing 490 units above the remaining total housing need. In addition. San Rafael has sites that will provide 411 units above the remaining affordable housing need. As demonstrated in Exhibit X. San Rafael has designated and/or is Proposing to rezone sufficient vacant and underutilized sites to accommodate 5.091 additional housing units, of which the Citv anticipates that 1.468 units will be available to be developed in the Housing Element time frame. Both numbers more than address the Citv's remaining regional housing need of 928 units. The most important issue is whether targets for each affordabilitv level can be met, especially those for vein low, low, and moderate income households. Given land costs in San Rafael, the Citv Droiects that housing for lower- and moderate -income households will most likelv be developed in high densitv and mixed use areas, where the Citv's zoning Provides for maximum densitv ranges of 32 to 62 units Der acre. Further. with the densitv and height bonuses available under the Citv's inclusionary housing program. Droiects mav_ be built at even higher densities. Based on the Citv's sites analvsis, sufficient vacant and underutilized lots exist in High Densitv Residential Districts. Downtown, the Northgate Town Center and Marin Square to accommodate develoDment of aDDroximately 932 units. Based on the Citv's survev of market rents, rental units are affordable to lower and moderate income households. In addition, nolicv H-19 (Inclusionary Housing Requirements) requires that at least half of all BMR units be affordable to lower-income households, and that half of all BMR rental units must be affordable to very low income households. The residential Potential in these areas alone well exceeds San Rafael's remaining regional housing need for 800 units for very low (418), low (130), and moderate income households (252). To sDecifical1v facilitate the develoDment of housing affordable to lower- income households, the Citv is implementing various measures, including the Provision of financial assistance (Programs under Dolicv H-9 - Funding for Affordable Housing) and regulatory incentives, including height and densitv bonuses (Dolicv LU -14 Height Bonuses and H-21 Densitv Bonuses), a revised inclusionary housing ordinance implementing Drogram H -19a - Inclusionary Housing. Under the new Affordable Housing Ordinance, to be adopted concurrent with General Plan 2020, the Citv will require inclusionary fees for fractional units. these fees will be used by the Citv to suDDort affordable housing activities. The &ihi it above .to.. enst,-ates t1.,.,t E&1. Rafael, with lots , ently available an with these areas Element, has sites eapable e 1 Anitsabove eT�rrrai �ti b totalhousing need. In addi -, ✓= Ra %el has sites mill p-�✓tiae 360 units .,boye theY-emaininga ff r 7 1.1E h3ttir:g Beed. Below is a diseussion of eaeh of the areas or- sites, as identified in the tables above, thatA� pfevide eppeFtunifies fer- the City to meet its fegional housing needs. The develelpffiefit potential shewn in the tables above is based en the pFepei4ies' availability for- development, land designations, evmer-ship, size and other- physieal ehar-aeter-isties, and relative laek of envifenmental , nst.-aints All of these f e*0731AT9 iM, Taftai}t in -3 g the regional housing"�.3 planning period (t46ci�, 2007). Sites pending zo^irbcr-cc'aii i e..,,t , .:11 most ..,..,,bably be z•41aJ2 a€te>2007. Beeause Ste- Pmc el : �tl,.. e.fly fully developed k'..,,..da figs, o eh of the belew listed sites (..mess „tt,on,.;moo ted) has adequate . s to t..ans t and ;„ b ee.,te,.s, a 11 au puNis andt . 382 Single-Familv Sites and Second Units (Currently Available) ■ Single -Family Sites. There are approximately 159 vacant single-family lots in San Rafael. Many have access and physical constraints, such as steep hillsides and narrow roadway access, which must be addressed as part of the site's development approval. New sinele- family homes in the new Redwood Villaee subdivision are selling out before construction is comuleted. indicating a strong housine market for sinale-familv homes. New or Legalized Second Units. Based upon recent revisions to its Second Unit Ordinance that reduce the time and cost of adding second units to existing single-family lots, San Rafael anticipates a significant increase in the number of second units that will become available in the housing market during the housing planning period covered in this Housing Element. For example, in the first six months since the amendments to the City's Second Unit Ordinance, twelve (12) second units have received building permits, compared with none during the previous six-month period. In addition, the number of inquiries regarding second unit construction and availability has increased substantially. Pursuant to Sala Rafael General Plan 2020 Housing policies H-12 (Illegal Units) and H-25 (Second Units), staff will actively promote and provide technical assistance to property owners seeking to construct second units. Based upon the above-described upward trend in second unit construction, coupled with the availability of approximately 9,000 single-family homes that meet the minimum lot size criteria of 5,000 square feet, the City conservatively estimates that thirty-four (34) second units per year will be built and/or legalized during the time frame of this Housing Element. A recent survey conducted by the City of San Rafael demonstrates that half of the legal second units in San Rafael are currently rented at very low and low-income affordability levels. Based on this information, the City conservatively estimates that 25 percent of the new or legalized second units will be affordable to very low income households, 25 percent affordable to low income households, and the remaining 50 percent affordable to moderate income households. Finally, because these units will be added to already existing single-family home developments, they will have ready access to all essential public facilities and services. Multifamily Sites (Currently Available) • Medium and High Density Sites. San Rafael General Plan 2020 has designated, and the City has zoned or will zone concurrent with adoption of General Plan 2020, 563 net acres of land for Medium Density Residential use and 279 net acres of land for High Density Residential use. Multifamily housing is allowed by right in medium and high density zoning districts. The City has identified approximately six (6) vacant sites large enough to accommodate new medium and high density residential developments, including: 225 Picnic Avenue — This three -acre medium density site is zoned MR3, or 1 unit per 3,000 square feet of lot area, and could therefore accommodate approximately 44 housing units. The site is bordered by high-density condominiums and single-family residences. The topography of the site is gently sloping near the road with a steep slope and plateau behind. A new housing development at 225 Picnic would be subject to San Rafael's proposed increased inclusionary zoning requirements and could also qualify for density bonuses (above and beyond state requirements) thereunder. The site also provides ready access to all essential public facilities and services. 383 • Former San Rafael Sanitation District Site — This 2.5 -acre site on the west side of Windward Way is zoned MR -2, allowing 1 unit per 2,000 square feet of lot area, and could therefore accommodate approximately 54 housing units. The site would be subject to the City's proposed increased inclusionary zoning requirements, and could also qualify for density bonuses (above and beyond the state requirements) available thereunder. Lincoln Avenue Site (adiacent to Caltrans Park & Ride lot) — This high density, 3/4 -acre site is zoned HR 1.8, or 1 unit per 1,800 square feet, allowing for approximately 18 housing units. The site is currently vacant and is located adjacent to the CalTrans Park & Ride lot near the Highway 101 on -and -off ramps at the top of Puerto Suello. Although the site is steep and has high noise levels, the high demand for housing in San Rafael has resulted in multifamilv development on similar sites, as shouwn by the manv apartments in the vicinity. The Citv has been approached by an owner's representative who intends to submit a planning application. The development would be subject to San Rafael's proposed increased inclusionary housing requirements, and would potentially qualify for density bonuses (above and beyond the state requirements) available thereunder. Elks Club — The 10.5 acre Elks Club site on Mission Avenue has approximately three level acres of land behind an existing building. This site is zoned "Planned Development" (P.D.) based on General Plan Land Use policv LU -10, which requires P.D. zoning for development on lots larger than five acres in size, except for the construction of a sinale-familv residence. Pursuant to P.D. zoning regulations, the proposed uses of a site must be consistent with the General Plan land use designation. The Elks Club site has a General Plan land use designation of High Densitv Residential (15 — 32 units/acre), which would allow for the development of 45 to 96 units on this site. Thus, pursuant to the P.D. zoning and the General Plan land use designation, commercial, office and/or industrial uses are not allowed. This site may only be redeveloped for high-densitv multifamilv housing use. Given the location of this site at the foot of San Rafael Hill and its close proximity to Downtown, high densitv housing would be appropriate for this site. Further, the P.D. zoning specifically exempts residential use from the use permit requirement, and therefore high density residential development can occur on this property as a matter of right. The Elks Club has been zoned P.D. because this zoning allows for the most flexibilitv in site design. The P.D. zoning designation allows for the most efficient and flexible site design which will best accommodate anv potential issues related to hillside development and the future of existing buildings on the site which, while not historic landmarks. are listed on the San Rafael Historical/Architectural Survev. (1986). These buildings are concentrated on a portion of the site and would not affect the abilitv of a developer to locate housing on the remaining level areas of the property. Staff is in the process of drafting a studv that summarizes all of the public and private initiatives that have been undertaken to revitalize the central part of San Rafael, which is an area that includes the Elks Club site. The document is being prepared at the request of Ecumenical Association for Housing ("EAH"), a local non-profit housing developer that is activelv working with the Elks Club Board on a housing proposal. EAII plans to use the studv as part of a forthcoming tax credit application for housing on the site. Development of this site would be subiect to San Rafael's proposed increased inclusionary zoning requirements, and could oualifv for the densitv bonuses (above and bevond the state requirements) available thereunder. ON Ellis Club The —Eflas Club Site on Mission Avenue has appFoxiFnate15, three level aeres of land behind an existing building. G,.r.e««t„ ..ea nI\!►.Cil' LNvtri,.« (on) c f: gFea«e. aexibir«., this site :s air. orN/J kai a VZk a.,.,.. w ., designation. aNOWifig C . 45 «.. 05 Mift D.Z.Yceie i•,«�_. ci_v«_cr«H: SAW ,lA F,.. ,L,: et to e., Rafael's proposed ineFmg-i' irih * I . — quiFeFAents, and eould qualif�, fer density bonuses (above and be),@;;d the state a San Rafael City School's Coro Yard. This 2.6 -acre site is zoned for high-density residential use, and could support from 39 to 83 housing units. The San Rafael School District is actively pursuing a Request for Proposal to develop an affordable housing project at this location. The City estimates, based upon recent development trends and activity, that approximately 75% of the available medium density sites will be developed for rental housing, as will approximately 100% of the available high density sites. Both medium and high density sites will be required to provide for very low, low, and moderate housing through application of San Rafael's proposed increased inclusionary zoning requirements (General Plan 2020 policy H-19), and may qualify for subsidies or other additional incentives to help promote the development of additional affordable housing units (General Plan 2020 policies H-9, H-14, H-17, H-18, H-21, H-22, and H-23). Mixed -Use Sites (Currently Available) —Downtown Housing. San Rafael's Downtown area is currently zoned to accommodate mixed-use projects at a range of housing densities. Densities between 32-62 units/acre are allowed in the Fourth Street Retail Core (14 acres), Second/Third Street Mixed-use (37 acres), and Hetherton Office areas (6 acres). Other areas in Downtown allow densities between 15-32 units/acre (see table LU -3). Such mixed-use development projects are supported by General Plan 2020 Policies NH -21, EV -13, H-18, H-21, H-22 and H-23. As an urban area served by transit, Downtown has the lowest parking requirements in San Rafael, as low as one space per one -bedroom unit. In addition, General Plan policy LU -14 allows for a one-story height bonus in Downtown for qualifying projects that include an affordable housing component. For example, the recently built 113 -unit Rafael Town Center received a 12 -foot height bonus for an increase in the number of affordable housing units. From 2000 — 2004, an average of 82 affordable units per year have been built in Downtown. As demonstrated in Exhibit X the City moiects that as many as 1,318 additional housing units could be developed Downtown. Market conditions support the development of underutilized sites, as exemplified in recent proiects in Downtown. San Rafael will capitalize on the strategies that have contributed to the success of the existing infill and mixed-use proiects. 'These factors include reduced parking standards for Downtown units (units under 900 scivare fet require only one space), height and density bonuses, in exchange for a greater number of affordable units, and use of tax credits. City and Redevelopment Agency staff work closely with the developers on removing constraints, such as toxics and traffic. Based on past development activity, increased incentives for housing, redevelopment opportunities, and property availability, the City estimates that approximately 10 percent of the housing development potential in downtown could occur during the planning period of the Housing Element (100 units per year through 2007 at densities over 25 units/acre). Exhibit AA below The table bele• provides lot size, constraints, unit projections, timeline for development, and incentives for sample sites in Downtown. Also included on the list is a recently -approved project, a*d-several projects in the development or redevelopment "pipeline',.—" and examples of typical Dox�,.nto«m sites that could be redeveloped for housing. 385 Exhibit AA — Example Downtown Development Sites 012-75-01 -02 43 Owner proposed 14 units to 14 (4) Lower (6) Second Street Zoning Income Site/ Size Density 3 units 'otential City Current Use APN (acres) 'units/acre Development Potential (1) (2) Constraints Timeline Incentives Approved Site to City review, and is being 924 B Street 011-26-112 0.11 72 Approved application for 7 7 NA NA Height Mixed use apartments and Listed on variance 011-262-19 0.3 6 SROs 50 units. Redevelopment of Historic Reduced (5) (6) Street Survey parking Potential Sites With Applications Pending (See n. 3 below) 1295, 1217 012-75-01 -02 43 Owner proposed 14 units to 14 (4) 2-12 (6) Second Street replace three bungalows. months 3 units 012-75-02 Project was withdrawn prior (5) to City review, and is being redesigned for resubmittal. 1112 Second 011-262-19 0.3 73 50 units. Redevelopment of 73 Potential (5) (6) Street an iron works shop with 50 hazardouse Zappetini Iron units. The property owner materials Works continues to meet with the site City concerning this project (4) and is now involving the adjacent property owner in a joint development proposal. 750 Lindaro 013-021-53 1.89 - 90 units. The property 90 (4) (5) (6) San Rafael owner has proposed Corporate replacing one approved Center office building with a residential project. This application is being prepared, with work underway on a traffic analysis and building design. Rezoning required. 809 B and 011-256-12 —0.2 73 32 units. The property 73 (4) (5) (6) Second Streets owner has proposed a Commercial mixed-use redevelopment building project that will replace a small commercial building, parking lot and two houses. Preliminary design review is scheduled for early December 2004. 1203 Lincoln 011-184-09 —0.2 43 27 units. The property 43 Listed on (5) (6) Motor court owner has proposed to historic redevelop an older 25 -unit survey motor court with 37 units. (4) Preliminary design review is scheduled for early December. Potential Sites — Examples of Typical Downtown Sites Available for Housing Development 637 Mission 014-08-101 —0.2 43 9 nnnnits 7 (4) (5) (6) Avenue Residential use 905 D Street 011-25-107 —0.2 43 9 emits 42 (4) (5) (6) Retail use 820 B Street 011-262-15 —0.2 72 IS units 77 Listed on (5) Redevelopment 431 St. Vincent's Dining Hall 1200 Fifth Avenue Bank 724 Fourth St. D&S Auto 011-211-05 0.4 011-227-06 —0.2 1524-30 011-202-12,- 0.4 Fourth Street 13 Use car lots Historic project Survey (6) (4) 43 17 units 25 (4) (5) (6) 72 14 uliits 14 (4) (5) (6) Possible hazardous materials 43 17 units 14 (4) (5) (6) Possible hazardous materials 807 Third 011-274-03 0.4 72 29 units 72 (4) (5) (6) Street Goodwill store 902 Lincoln & O11-275-09 —0.2 72 14 units 72 (4) (5) (6) Third Retail store 898 Lincoln 011-278-01 0.5 72 36 units 54 (4) (5) (6) Video Droid Shaver at 011-245-38 0.9 43 39 units 29 (4) (5) (6) Latham Streets Pac Bell switching station West America 011-245-26 1.2 43 52 units 48 (4) (5) (6) Bank 1523 Fourth St. 1030 Third 011-263-21 0.7 72 50 units 42 (4) (5) (6) Bank 1) Program H -18b (Efficient Use of Multifamily Housing Sites) states that residential -only projects should be approved at the mid- to high range of the zoning densities. In addition, San Rafael has a track record of approving residential projects at the high end of the density range. 2) Multifamily development at higher densities (25+ units/acre) are affordable to lower and moderate income income households, as shown in City surveys of rental rates. In addition, Housing and Community Development staff indicated that housing at 25+ units per acre may be considered affordable to lower and moderate income households. (source: Rob Maus, Housing and Community Development.) 3) Housing Element law requires the City to identify adequate sites which will be made available through appropriate zoning, development standards, and services to meet the City's quantified objection in its Housing Element. In essence, the City creates the framework that will promote and allow for the development of housing. As noted above, the build -out potential for Downtown is 1,318 units. However, it is the private sector, not the City, which is responsible for housing construction. The sites above should be viewed as example sites representative of the approximately 550 similar parcels available in Downtown for housing development. 4) The sites listed above are in Downtown with the zoning and infrastructure in place for housing development. In addition, the City has staff dedicated specifically to facilitate the construction of housing in San Rafael. 5) Processing time is typically 2 to 12 months, depending on the level of CEQA review required. The private development community determines when specific sites will be developed, However, development in Downtown has averaged approximately 82 units per year over the past four years. 6) Each of the above -proposed projects would be subject to the City's proposed increased inclusionary zoning requirements, and could qualify for density bonuses (above and beyond state requirements) available thereunder. Other City actions include: ■ PSP incentives for affordable housing (LU -3 Project Selection Process) ■ Tax credit assistance (H -9e Funding Resources) ■ Redevelopment Agency assistance (H -9a Housing Set -Aside Fund, H -18h Staff Consultation) ■ Exemption from traffic mitigation , building, and planning fees for affordable housing (H -9g Waiver or Reduction of Fees). ■ Height bonuses (LU -14 Height Bonuses). ■ Reduced parking standards (H -18g Revisions to Parking standards). In addition, Zoning Chapter 18, Parking Standards, provide for reduced parking requirements for residential development in Downtown. 387 Additional mixed-use sites include: &&—, 1WS3111 e e..tt... ..ea is XNZrrriedate mixed use eet.. at o- range on-vantevon, alwev., densities between 15 32 uniWaem (see table 6U 3). Sueh miwpd ure- dowelopment pmjeets are supported by ne..e.el Plea 9079- Del:e:e.. N14 91 E ' `1, "', 19, 1.1 91 u 99 e a u 91. kc z : I►bar. arca z2rt2d-by t.e..s:« Downtown has the le...=1 7irhi .; YW%-3me'Pry !L S= Rafael. .. :ZI PIZ:: pakey LU 1-4 allows fBF a ene stei=y height bemus iR TOAMAMWAAM f�BF qualifying prejeets that iny-.110P An A rdable housing eompefient. Fe. example, 'he reeently built 113 unit Rafael Tay.4; Gente; reepived A 11 feet height bonus fOF an Based a est development eat:..:«.. ..e,7 : ..t:..e.. C hCAi:.g, rimer:elepment opportunities, and pmpeFtY availability, the City estimates that appmximately 10 pefeent of the housing development potential in deAmteAm eeuld eee..F dUF:.,e thl pLwmi b pe fed of d e ue..a:..e Element (100 ....:ts peF yem tl.Fe..e4. 2007 at de.,a:t:a.. e..e. .. t7n`.A k�T• Yr3pesed a .a1 high density housing developments including a el:.let:..e Zee sites a entt.. 6e.•'iMg �7:bZ1 , redeveloping Ar. h\K waFk..�r,c�-sho^p-i to 96. trr-_N\Rmately 50 ..,:« .,..,:e..« ..hanging .. :..«:«..., e..« ., ..,1 f*e.« effiee de..etepment tee ....,tel,. 50 unit pFe:ee« 'and ak3uvr..a kArh pcd .b IN « l, IIaee f the above ed p eta would be .bjeet to the r':t., edifieFease+ l,glhk�marj e� I or 41 ents, and v7AW qW, fbF density bonuses (above and beyend state fvquiFemeats) availghle thprP.11nder ■ Public Parking Lots Downtown. There is the potential for over 300 units to be developed over the nine downtown public parking lots. Housing policy H-18 and Program H -18e support this type of "air rights" development. One-third of the potential units could be built during the timeframe of the Housing Element (to 2007), with all affordable to moderate -income households or below. Loch Lomond Marina. The site is currently designated as Marine Related (no residential permitted) and Neighborhood Commercial (residential use allowed at 6.5 to 15 units/acre). It currently has a marina and yacht club, a boat launch and day use parking, and neighborhood retail and service uses, including a neighborhood market. BCDC iurisdiction is limited to the first 100 feet from the Bav: neither housin:; nor commercial development is within this area. The proposed project has been designed to be consistent with the Citv's wetlands policies, and the developer has used the findinp-s from preliminary Geotechnical studies to prepare preliminary site design plans. Approximately nine gross acres of this underutilized site could be used for housing. At a density of 11 units/acre and with the available density bonuses, 99 units will be modeled and could be built, with 20 percent of those units affordable at below market rate per the City's inclusionary housing requirements (see Policy H-19). General Plan 2020 changes include 1) a smaller area of the site designated as Marine Related and a concurrent larger area designated Neighborhood Commercial, and 2) an increase of six feet in building height to 36 feet for a mixed use building in the Neighborhood Commercial District. The Loch Lomond Marina is adjacent to several single-family neighborhoods that have concerns that the medium density would be in conflict with existing development patterns. The site is zoned PD (Planned District) -WO (Wetlands Overlay), which allows for the greatest site design flexibility and for protection of the wetlands on the perimeter of the lot. An application for a two-phase 88--unit-project with single-family homes, town homes, and apartments, as well as a new retail/office building was submitted winter 2004, and environmental review is underway. ■ Neighborhood Commercial. Sat: Rafael General Plan 2020 designates 38 net acres of land for Neighborhood Commercial use, with potential for over 250 additional housing 388 units. The City estimates that about 30 units could be built during the timeframe of the Housing Element. All such units are expected to be rental housing at moderate -income household affordability levels or below. An example of an underutilized Neighborhood Commercial site is the Dandy Market in North San Rafael. The site is zoned Neighborhood Commercial (1,800 sq. ft. of lot area/unit). An older neighborhood store, Dandy Market was originally built to serve a small single-family neighborhood. Recent development in the area includes 133 homes, two small apartment buildings and an assisted living project, creating an increased demand for retail and an incentive for redevelopment of the site. General Plan 2020 changes to the NC District, including an increase in the height limit to 36 feet and the deletion of the `pro rata rule' which limited the amount of residential that could be built in a mixed use building will be part of the implementing zoning changes to be adopted concurrently with the General Plan. Currentiv Nonresidential Sites Where )housing Will Be Allowed (Sites Pendine Land Use/ZoninLy Change as hart of San Rafael General Plan 2020) Dominican University. The 55 -acre Dominican University campus is currently zoned Planned District (PD). Pursuant to the PD designation, the proposed residential use is an accessory use to the university program, and the proposed housing would be allowed pursuant to a rezoning of the site and the adoption of a revised master plan. The University has indicated that an interest in building approximately forty (40) units of clustered affordable staff housing on an undeveloped area of its campus. These units will be available to lower and moderate -income staff households. The Dominican campus is part of a currently existing residential neighborhood, so the proposed housing units would have ready access to all essential public facilities and services. • , and has the petential for- appr-eximate!5,200 housing units, with the eiipeetatien that all of the pr-opesed units woul availo',6)-e to moderate or- belew ; e level households. San Rafael Qen3ml Plan 2020 Pokey N14 61 s efts t..ansit o iented ("srnaFt g ..hl,„) lio1V�"Cb t3ar- the planned eofnFauter- tfansit mil stop along the railroad tfaeks tMde highway 101. A potential eenstfaint on the development of this site is the r-equir-emen that Countyveters appy -eve all new develepment on Civie Center- grounds. It is . kne,A ffl m4 e., sueh sue ., development proposal might be . lare,l o the r,,.,,,".;ae ball„� for—,,eter• appr-m)a, al . ;t di ffi ilt to pfejeet whether- any of the otential Q Center- hr/1®iN rani:... ..l,l be available ,1.,, ing the time ffame .,ddfesse,l in this 1..,,,sing • Marin Square. The 6.3 -acre Marin Square Shopping Center is currently zoned General Commercial. San Rafael General Plan 2020 will allow high density residential (32 units/acre) in the General Commercial district with an Administrative Use Permit. The site was recently sold to a residential developer, who has had several meetings with the City to discuss a proposed 200 -unit residential DToiect to replace the outdated shopping center. The owners have indicated that they will submit an application in early 2005. The Marin Square site is Dart of an already -developed area, so the proposed housing units would have access to all essential Dublic facilities and services. All units are expected to be rental housing available to households with moderate -or -below income levels. and new development would be subiect to San Rafael's proposed increased inclusionary zoning requirements and could qualify for density bonuses (above and beyond the state requirements) available thereunder. Industrial/Light Industrial Area aAround Davidson Middle School. San Rafael General Plan 2020 creates the Lindaro Mixed Use district, encompassing approximately 13 acres of land and 38 parcels. The lots will be rezoned to LMU (Lindaro Mixed Use, at 2,000 sq. ft. lot area/unit) as part of the adoption of General Plan 2020, and live/work housing will be allowed in this district. Several of the sites being rezoned are currently underutilized, and all sites are in close proximity to Downtown and have ready access to essential public facilities and services. San Rafael projects that approximately 15 housing units will be created in this area during the timeframe of this Housing Element; all are expected to be rental housing at moderate -income household affordability levels or below. General Commercial District in Northgate Town Center. San Rafael General Plan 2020 designates 206 acres of land for General Commercial use. The Northgate Town Center is included within this designation. with 17 lots (including three shopping centers), this area has the potential to Supp_ ort development of a significant number of housing units. Concurrent with adoption of General Plan 2020, the GC (General Commercial) zoning district will be amended to allow for high densitv housing at 1,000 sa. ft. of lot area/unit. Residential development in commercial districts require an Administrative use Permit. In addition. General Plan 2020 allows for a two-story height bonus for affordable housing in the Northgate Town Center. In discussions with the Citv about upgrades at the 39 -acre Northeate Mall, the owners have expressed an interest in building housing on a portion of the parking lots on the site. Residential development on a portion of the mall's parking lots is not dependent on closure of the mall. In addition, several non-profit housing organizations have expressed an interest in building affordable housing in the parking lot area. As such, San Rafael Droiects that approximately 200 housing_ units could be built in the Northgate Town Center during the timeframe of this Housing Element. All units are expected to be rental housing available to households with moderate -or -below income levels, and new development would be, sub iect to San Rafael's proposed increased inclusionaiv zoning requirements and could qualifv for densitv bonuses (above and bevond the state requirements) available thereunder. .T.!!rS!!77!!'!f T.t/�TT}RTR!!R[7:�T: rT[sRT.f 7rM.Tef7sr�iJreefu�r�i ��:r-�er�r�rr-rmn � T.I .rth r ToAm /"` ♦ T .d' .:th th., I"`:t. ..1.....t . .,.i., "t th ewneFs have a .."a " ifiteFest in h..:l:% ,g Yi►viio 3n a pei4ien-ei the r-rli.::b I9ts eR the site. !ft addifieii, non pfePt- have _ -- ____'_ _.. _..t"_ _st :„ h._:1.1:__g "FP_Fdable housing in the VwIll g 13t area. As seal;, ✓�. iLa ��"t a'(,rmiw.�:"'.�a�c:-b ..-r.�s-ee�-ke-buil :r. tr. rlar'.'�^"t" T"..m �"..t".. dUFing the __. _. F _ f this Housing 1:1"___ _t All ;t"aFe , eted try :riici-c %/%/o to ffepesed inereased ifickA,.N*ir,&7j mits and could qualify foF density bonuses (abew h".,,....+ the state _ enta) rtlrfl.AT3 to rn2icvF.ac" . Office District in Northgate Town Center. San Rafael General Plan 2020 designates 196 net acres of land for Office use. Office uses within the Northgate Town Center are included within the Office land use designation. Concurrent with adoption of General Plan 2020, the O (Office) zoning district will be amended to allow high-density housing at 1,000 sq. ft. of lot area/unit. In addition, General Plan 2020 allows for a two-story height bonus for affordable housing in the Northgate Town Center. One property owner has informally proposed converting an existing office building to residential use, and several other office sites have [c1.6B1 recently changed ownership, which could lead to increased interest in possible use changes under the Office land use designation. As office buildings become outdated, the potential for conversion or redevelopment increases in this area. As such, San Rafael projects that 70 housing units could be built under the Office designation in the Northgate Town Center during the timeframe of this Housing Element. All such units are expected to be rental housing available to moderate -to -below income level households, and new development would be subject to San Rafael's proposed increased inclusionary zoning requirements and could qualify for density bonuses (above and beyond the state requirements) available thereunder. • Lincoln Avenue Park & Ride Lot. This 0.9 acre site near the top of Lincoln Avenue and the on- and off -ramps ramps to highway 101 is designated Public/Quasi-Public. Concurrent with adoption of General Plan 2020, the PQP (Public/Quasi-Public) zoning district will be amended to allow high-density housing at 1,000 sq. ft. of lot area/unit. The development would be subject to San Rafael's proposed increased inclusionary housing requirements, and would potentially qualify for density bonuses (above and beyond the state requirements) available thereunder. •___Medway/Vivian Area. The Medway/Vivian area in the Canal neighborhood is the commercial center of a high-density neighborhood. The current light industrial and low intensity retail businesses underutilize the land in an area in need of affordable housing and resident -serving retail and services. The General Plan 2020 land use map expands the Neighborhood Commercial district to replace part of the Light Industrial/Office area on nine lots along Medway and Vivian, thereby encouraging redevelopment with uses that would better serve the residents. Concurrent with adoption of General Plan 2020, the Light IndustrialiOffice sites will be rezoned to NC (1,800 sq. ft. of lot area/unit). The Redevelopment Agency reports that at least two non -profits have investigated the redevelopment of sites in this area for mixed use with housing. Based upon the redesignation of this area and the expressed interest in developing affordable housing units in this location, San Rafael projects that approximately fifteen (15) housing units will be developed during the timeframe of the Housing Element. All are expected to be rental housing available to very low, low, and moderate -income households. Other Sites (Bevond 2007) Marine Sites Along the Canalfront. San Rafael General Plan 2020 designates 93 net acres of land for Marine -Related use. Concurrent with adoption of General Plan 2020, the M (Marine) zoning district will be amended to allow for medium -density housing at 2,000 sq. ft. of lot area/unit. Over the past few years, several property owners have explored building housing on their Canalfront property. One such example is the 0.8 -acre Third Street Boat House site, which has recently changed ownership. This site is just east of east of Montecito Plaza shopping center, and is ideal for residential use. San Housing rrle ^' All such units are expected to be rental housing available to moderate -to - below income level households, and new development would be subject to San Rafael's proposed increased inclusionary zoning requirements and could qualify for density bonuses (above and beyond the state requirements) available thereunder. ■ Marin Countv Civic Center. This site consists of 55 acres, cart of which is underutilized, and has the potential for aimroximately 200 housine units, with the expectation that all of the 391 proposed units would be available to moderate or below income level households. San Rafael General Plan 2020 Policv NH -61 sun_ ports transit -oriented ("smart growth") housing near the planned commuter transit rail Ston along the railroad tracks under highwav 101. A potential constraint on the development of this site is the requirement that Countv voters approve all new development on Civic Center grounds. It is unknown when such a development Dr000sal might be Dlaced on the Countvwide ballot for voter approval, making it difficult to Droiect whether anv of the potential Civic Center housing units would be available during the time frame addressed in this housing element. School District Sites. Throughout San Rafael, there are several potentially available sites owned by the local school districts. In collaboration with the school districts, the City has explored the possibility of developing affordable housing units on some or all of these locations. To facilitate this development, San Rafael General Plan 2020 has designated all school sites to allow for residential land use and, concurrent with adoption of General Plan 2020, all school district sites will be zoned in a manner consistent with the surrounding neighborhood uses. Such potentially available school district sites include: Glenwood School (Vacant Lot). This 12 -acre vacant lot located adjacent to Glenwood Elementary School will be rezoned to accommodate low-density residential use consistent with the surrounding neighborhood use, and could support from 24 to 78 housing units. Any new development would be subject to San Rafael's proposed increased inclusionary zoning requirements and could qualify for density bonuses (above and beyond the state requirements) available thereunder. Santa Margarita Elementary School Site. A 5.5 -acre portion of the site located on Del Ganado Road is zoned for low density housing, and could support 11 to 36 units. However, the Dixie School District currently leases this site to a private entity, making unlikely any development of this site during the timeframe of this Housing Element. Marin County Office of Education Site. A 6.4 -acre portion of this site, located on Las Gallinas Avenue is zoned for low density residential, and could support from 13 to 42 new housing units. Any new development would be subject to San Rafael's proposed increased inclusionary zoning requirements and could qualify for density bonuses (above and beyond the state requirements) available thereunder. Housing Units Built or- Appr-oved in San Rafael (1999 2007) A 9 E D R F Very L Moder-ate " A€€or4ahle Awe Total LOW Iflee ineeme Housing" N4edMte I*eo fne Unit Total income me R-43;4, 'Poi/ Elvia' I':onsilig 140ed 445 a-47 36? 4-,2-t4 sq6 21899 n nn�n #7►.vi: ,, frits Built eF ".....,...,.a (1999 .-7 34 3$6 447 464- 998 3943) 14ausing Units Currently Under o.,..;e... 9 4- -5-3, Remaining Units Needed 44-8 4n 45 765 364 44,N a'Y, - "- =D*F The land —, -0-1—H . 0 development, oir-oulation and housing polioies of the 9w RCf elacl General Plan r , shopping, sei-Aoes and the ffeeway whefe people oan have easy aooess to neafby amenities. T,,.,, -easel aot;,.;t7f 'C.. Op .^,. ..te 1..o tions ; also s oi4e.7 in the Sw Rafael general 7020 t.... e.,te e vibfaney and .4t„1:ty in these anao. Thir/appr,...,.L will e e that i...,,,si.... : neighbor—hoods3 Com. F @ 1 Phwn 202eentain" fni�Eed use developments and fedevelopment oppeftunities elose to shopping and transit. Housing Need (2003-2007-) A B E D E F 6 Estimated /phi Very Wig" Nee Inco Moder-ate Potential fne fne Die (44 SITES AVAILABLE UNDER GWIRE T T .A—I% Y USE/ ZONgNG 44-8 172- 475 7" — "4u4r �c A A A A z6 26 -5A 4$2 393 146 4-M 663 Above Modern Density e Mange ineefffe Total (3) 364 11-9 159 A U.11 4-59 varies 4$W varies 868 — D4=E Multifamily Residential Sites 40 A 40 TBD e.,,aining v..,.a t cites at medium Densit), Remaining 4-9 �C 6o-5- 5 " T-lac Sty f&iri .S Vacant Sites t High2-5 Densit.. A z2-5 15 32 tbLao Subtotal a•em Multifamily Residential cite.. 4-222 4-9 141. Cumulative Total (i-emaining units needed) 541- 446 n7 Mixed use Sites 3AA A 300 25llae Pukli-c Psrsse_ib Lots Downtown (Air- Rights Development) -5A A -5A 25 Ul ae Subtotala.e.,, Mixe,a use cite.. 3-5A A �5A Cumulative Total (remaining units needed) m — "—zr B4=G 1-96 377 =-D*E 393 SITES PENDING LAND LISE{ZON}NG-CHANGE-A5-PAR —OF -T -HE SAN-RAFAEL-GENERAL-PI AN 2428 Very a (Range in Low Lew A4edexate a Reusing" Mode mer o hneeo lne0 lneeme Unit rate Per - 4'-otal Uni�iT fm nye Potential ince Gress Aere) (4-) e Mixed use Sites Loch T e .,.1 AiT.,.ine -0 80 3 4-00 -1-8--1Neighbor-hood Commei-eial 3y�� 6v 5 15 u/as Subtotal ftem Mixed use Sites tl pp�� 80 1�30/ 4-300 Cumulative Total (r-emaining units needed) 141 -- A }52 m lle...ed !"'......entiy Nonresidential Sites Wher-e Housing Will BeAllowed A AI..F:., /''..Unty 01,46 Center- (see Policy Al (.1) 2W 2W TBD 4-5 4-7 6v.5-i.r-Was SetlaI Light indust ial/Offiee o 4-7 4-5 6.5 15 tb/ae Me.l.,.e../1li..ian General r,,., mer-eiel in IsIm heete r,,.,,.,,ereiel Area 20 298 1 e1�ae O ffiee in Ale.:theete n,,mmer-ei 1 Are., 70 W 1 e1 [ frac, Subtotal fiem huf fe.,th. Nonresidential cites VA e. -e UousinR Will Be -589 - -- M -S Alewed Cumulative Total Above the Regional Neel (sites available through -fig IK -26-!1- WO-7) — Adv er egrm�l::;11240211IWA i ui1y i -,-,-z;7 24 a Cl JAMAR ol~ R TENTIAHOU c1A G cir-Fc IA[ &AN oAGAI•~1 (BEYOND 2007-) -E-NUIN..LgNr_ro_Trona rnucll]l:~17AT1ONS `` Very Estimated IIAbove Density Range (Range in Low.,,�,,�, 114eder-ate e-Hou,�.s��ing" 114ederat #umber -e€ TLow Ifleo Iffee income U*R a Total Units Per - me nye Potential incom Gross Aerej (47) A DD NonFesiae„tial Sites r......entl y Light T. dust//l Fl:..e, n.,h/lluasi Duk rremc'`Wtlt SR R.Nl S:altioi -138 }..-g 15 32 ../.ac Marine Sites Along /' Calf e.,t a-5 24 6.5 15 Wae 96 1 C Z�o 96 1C Marin C Marin Square 2�? 2-P1 G 2-s-r.�lac Seheel Dist..i,.t Sites 40 49 TBD 3 -- Arc �3 =$*b (1) SPEGICIGPRE)G AMs; RE4TAI Uoi4SP�JP JTL`CWITH `Dal,971 eVER 5 1211TS!AGRE. 394 2`rY kLtll TION ^r. SPED r.IG SITES AND AREAS FORME)USING DURI \TC Ttrx TMIE,FRAME THE HOUSING E6EAIENT (1999 2007) nzF'-60{r': is ,k DisGussr^"lvr: GF EAG18 i GF -1lFRiA&-G�, kS 1JJITIPIED I?I TI IE TABi✓E AB9N'E, THAT T 7A41 r PPnI /TT1E nnnnnT✓NITIEc rg TLTC . 7T\/ Tn A I=T ITO Tl LEGIE)N A T uT nT CING I TEM/l TI IS Ilc vl r nnAACA1T nnmcAlTr A r can{V11 IN Ti i� T"P1 c A nVE 1S SED ON THE PP,4)PE�1JS A-VAI:AD111TY CnR DE\/EI GPMEAIT' 1 VID UOE DMGNATIGNS, 9WNUISMIN TOl`E AwTcrrND ^ar�rm'1ER PT R'SiG A T 9 I RELATIVE 1E ATI /C T=AC=K nC ENVIRONMENTAL N IRONTa ENT A T !'nATC�Tn A TATTC` A T T rX-T`K'55 l"lA^TnRS An�Cr111APeRTAAITIN ASSURING SITE 1C7 A\/�`TI /" rf�lRITI THE vD E!`_fnAT A T LinT iC�TI�Tv 1i✓✓JJ l La SITE JJUtI1✓, J�aJ�u. JFTE/J PPU, IDf It lra I eNGEP TERM G9N8rrlEn A T-I()N' {TRT T MIST PR9B A nT V RE AVAILABLE B E AFTER 2007 —8e A T:FEREr/l-, SiNo{ n FI,ARTT \/ T !1m. Ti IJl: 19 TIIC P^TENTT A T �CTn/�P 159 \/ A n A AIT C+INGI C FAMILY LOTS IN SAN �? AET . MAN* H A\/E SS l7TIDT11*SIGAL G()N k1lITS, SUCH AS STu.C..,P tllli[�If\CC` AAifI AIA RRnII/RnAfl{1/A\/GAT/`!l[.Il y' THAT MUST ICT nC Annn P_SSED AS PAPT 9F ni_iE SITE'S TlC\/Cf nPAAEAIT APnPn\/AI �J lJ NEw nR LEGALIZED SECO ND 1 T. NIT . TI IE 91T\rrV 11AS- OIOi'TUD SIGNIFIG A NT GI1 A A GES Tn FFS SEEOND UNIT 9 n91N A NGE Tn•PC GOT 1O;OT21T Y.'IT11 P CGENT STATE TC I A {ii GII A NGE T II!ESE G!1ANG�viT/' 11=1= ricO`r'-iDE A NoivivER GF P4GEA'NTIV ✓°S-1'r�vTT�SEG-01 UlIIT9 T9 BE 1 1 811 T nP 1 C!_A 1 ZED (CLEC Pnl r('l EG II 12 AND 14 271111 MATELi "✓'1 UNITS PE4 YEAR 18 PCA;SeNARICTn ASSUNIcf rl^rvcAl:r A:r TE_ncPAPE GURPENTr V A PTTm-r e INN kTJJI 9,900 SI:riai:;rt F "AN4!LY IIOiiES -IIA 171--T TIiD 1/a11111.A7 iAI�.r-h()T- SIZE; GRITERIA eF5,000 SQUARE CECT AND TI IAT REGENT GRE)INANGS !`IIAAI/� 50 [1E�'j GC TLIE �1 JJ `.J V GT.-TTTG TIME ANDC-OETOF ADE) 1G A SEEOND I3?4iT-. BASED GNA R—FIT ✓VMA EV �!'TCTI DRV T-1 1E CITY OF S,k4 RAF A r.r HAILF OF TIID :J GAIT SEcMID UNITS Itl SAN D A 1. A EI A nc R ENTER A T VER* 60{1/AND 69W IAI! eNE A CCnRTI A IIir 1T`I P) /CI C. R ksEE) RAI Ti_TIC rA7EnRAAATION TLIE GFF*GE)?4'ER\/ATTI/ETV EBTIAAATEs TriAT 25- or TI=C A1T'`lIe , J / .] fVIC r cn A T TZc^ sE.n0XID U1 [ITS `%,'TT T BE A ccnRT\ A B E TG VER* T eIAH GeME 1leusE1nT DS ) 250, A C.EnR9 A BI c Tn T nU! lNGGAAC rinl 9EHE)l 1101 VID T11E PT`)A A IAl1A 03; Oho. lN nn:9ERTn ENC -e Tn A /'_E ATE\i/ nn %Efn�J:."UJ J'G1'ID'J1IIT9, TIiu I7nI1CiATn L'T EAACAITnE(`nAAAi�`liTlil C'TAEC AC`C`iC`TAAinC E_nP PPnnEPTY n{IIAIEPB {3'L�T1I D5�1^ `� I�.�J`.I, I JJ 1111 ✓ AP11, ril wr!/.1 �Jrre (:-''111 kvxTl' I, A v/ 11- DOMINICAN 1 DOMINICAN U IYJUTI,� JJAII11icmi T,.. iaAm,"J.Tv is P,.f.1 [:`-TlNG TO Ii UIUJ C'./ZTFPE-D A CCnRI ARCSTAFF 19SING RAITC!AAUC. TT IS ESTIMATED TI IAT /n JmITS !! 1 .o BEPPcGVl9F9:FG-14)"'ER 6449 ?499FRATE Tf!nE STAFF. THE SPE^IFIGSeFT REMAINING !TAnAATTQITce ATAfDDI.-%%,a I\ THE AnPEAAGEE()F IJ,�iiD DPlJIaAh�TPTJ 1T1 TIi� Q "*' D A E A Er ('_rwrER A r Dr AAT TnTn Enn AdET�7I TA i IILI°IriT1'- RY,/DaITIA6 is 561 A nRES AND EnP I71g.1 DaUTY IiS%SIDEMTi A' 18 279 Ann Es HOWEVER, T lgmFT A E V G AATT LAND R A AA TATEs AS FP49IG kT✓J. IT IS MTINI A TEnA� n SED RAT RECEJ, IT DU,'S60PN4FFNTT G:F!N'!T-*, TIT A T APP CeXIM,kTFLY 75% Of TT'1F Aar/7S7Tj= A B , -. SITES >>T 1AJJIUM I)PIJTI„'-I' r ne�EL9PEn T7zv-iiIT `r RENTAL HeUSSING, AA AND TI r A SITES AT 1110II DENSITY Wi T BE DEVET A nnEr) Enn RENTAL HO SING TT ISPP^'EviziiE^v THAT7`alu I191Ti TT r�-S PING � RC A ECnRDAnT E Tn "ART\ERATE NGeME 11GUSC.THOL 395 GR BELOW. SOME Or TMIGE PI.TSEr MA* A r ce LI A 1/n ennonT,-\nITIE.E n^o lrnnv 1 ellr AAM i el1Z'� r INGE)IVIS ROULaIICi EITHER OF THE CTTVTS 1 A1G 1 8le?4 .A i) V uel i81NG REQUIREMENTS EMENTS (SEE P9 rGV u 1 0) 9 DEVEi eriMENT eC I e{1rnr1 !NG9"Ac 11!11 ICING BY 1 SINN JJCSIDISE n" eTHE MEANS (SEE 11()1 IGIES H 9, H v 44-,44-4,7, L 14, L 212, kriD L '3} DOWNTOWN J'- .l IO. T'1I�(;nz-,- ;;TIOi.iIT DJ'nl nn"ACArm nnmcATmr �L I1'I TI1S iill�D ttr� 18e. IT I� J TIAI�.TSD :II." m A neT TT 1 not en TLSn i,HC)U8R G DEVE14)NI ATT r1(1TENTT A L1?L Tl1WNT-11TI/AT GEA4r6D-GGLUn DMING THE Ill A AIA ING PERIGn OF Ti IE I-IGUSING L'1 CAACAIT (1 nn 1J, [ITS PSR1/SA n TI lf)eUGI 17007 AT D21SM313 OVE-It 5 S A A A VR� TIIIZ URNITC!!4:,1".�E). OT iMPAI`AESTIMATE,TIVE BUT DT im TCS l --ll BASED eAi AG:F!1/14 'r, ArennASED fNGEnTrVES FGR G -ReU7A4a , REDEVE14)P ENT rlPP T'-�-IIT1EC, AND PRencnTA/ A T/ A 11 A DII.JNTTY. Ds/T.rSE BETWEEN 32 17 1 1Arrmo /Anne Ann AL; ' / M TI I.r.� P'AI31�'�F�I'�MT TET A IT (lens ( A GREE) SEG9?il)/TI11RD STPE�'R)IM �M X37 Atwocol, AAlnHET- rcnTGN OFFIGc AncAo /6 A nncc\ 11T1 rcn cr Innnl rt.Trrwrn A nc 1� ��� TIIS v^\'rAfTeU/Ai A I r nu/�rJ`r�l�i'T b� ^IiT`)/%?=r%I 1 C 32 14NITc/A^nn /ccn TAT lrL l.E 3\ A "Anwr� nTr_rn.nc cn"An ec Trrn nnr 1r�roo 1711 , SUPPeRTING IRISD UDS i11JJ�`S 1`TI? 21, EV 13,14 14,u 21, u 22 A AIn u 23 . D--PuBuc Pmmm�iG Leqps DeWNTO n Ti E -E lc TILE nnmcwiTr A T nnn nArnn 300 rUmTS T9 BE DEVELE)PED EVER ^93AItINTE) 'il[�'v✓n n A RKR4G r nmc. Ho lsrwln Dnr iey 14 18 a, l49 n"r-ROGRA I I -I IME S'-TPST TIIIO TVPr ^z�I- +R-P4GIITS" DJ' ELePMENT. ONE THIRD 9F THE PeTENTIAL'.. NITS C .YD DE-DUILT D7-P,44C T:1S Ti"n,nm"ME 0" TI IS HeUS�NG nc�lW. '1\t.. TIIL SITS IS P-P.0rC9 D V7lMRTllk E121 P2,1- ".r'. rsV►'EP-A4� Dr AAT 2020 Te A T TOW 100 T n.TITc 11 riTLI 20.0 en TLTOM TU \ F eRD A DT A T BE eW Nil.nI(ET n ,tT-s PER THE JTV'9 RIGI I SIGN A nv HC=) Tcn.rn REQUIREMENTS (SEE Dnr rnv LT W.L. THE UST A nnc A ec ee 691D DMIGN,\TSD IN THE SA -N IS T-I!F PGT-FA4T-I,6,1= Ai�6,1=Fee evER 250-imID1 -leN A1AL CTS GIS1P4C JiIITC. IT IC 5c7.'I:' kTED TI:.4rT ABG6T49 'UMTS GODUJ DE DUiLT DUMIG Tnc TIA"cnn A AAE OP TI IE T E) SING E CAACAIT. ALL 1P_Z DIPSST'n^-rcv T^vvniE R ITAL II^r SIATn A T 114 99En ATC TAI!`11ME He ISEIIllf Tl A CFGPcl) 1 JTZ/ f`rnr o nn BELOW-. AR A RIN MOUNT* !'' VIC CENTER. Der !ev hT E SAN D A A cT G Ar n A T Dr AAr 1 R i THE T' ��Erl�aza�rl 2020 c! rnnen:rc Tn A ATcrT A "^nIPITE /"SM A nT G eWTLr�r\ ueI SR4G_T.rc_A_n TI IE P:.A?k NEB Ge� MUTER T -pct mrT AJiT 11 sTILep IAI THE �y!G itC T -FR 9T-� I!E E k✓T. Elm 9FT-I"IE F REEw A 1l. A T-9444en Inn n R 1L UI1IT9 A'pcF,-pq rJaD:I'. Ai=L ApvE E :TFGT-En T -e BE' -AT 396 TAI f)UCTRI A ■ I 'GlIT iwlllu ST-Rm A 1 A n/lut.iA DAVIDSON . n A ",- ri;iiATC17.' It 110Jf]Y.iV ; 1i11� u�lRI11�� �D D'l'I?iC' 1IG TIRA>;rP,�4{�!�'lJr TIII; flousmO ar_mE?IT III THE Inl^" 6Q_f.'..IT D/.\'iD✓in 11I'11DF_X,r_ 9C. IDOL. Au "r RE+ +LE;r_ S-_ TO B'E* N- .L 1107!✓'. C AT-4/109MATS I11001AE Iioucraiouj /.ITOR71.31L7TV LO/ZlZ OR 2Z- �^i1T AA7 - 'C CGY DC QD D'URRIC TI[E TI1/u..-n/.t.i✓Jr�T�I1,D Hoja tl ; ELcmiC11T M T11B 1AIBL3�TllI/.:JGrrI �. �1; "/Lr.��//.infv/I,�11. I W / nc cvncrTcr� Tri nc : IiTI,L :IO�1v /.T NtQ MAT IticotAE iIoLu--/.I3Ja /.rrORDADIL/.Tlr L/'1'G.,C On DELOIT/. CENE1V.s r` -RCat L ix!1�_­R-T4Ial T>; . Tim,- N55., /f.:P,cAcr, Or L-, V I T)M Al AT D T)I T11F S AN RA FA A CT GENE) A T DT A Al 2020 F9 GENET) A T CE) AA ACRG; A in Is -201. A (`J1 m. Ti 1f � eR:FI TIS A TC C9N! AERGi A I /� TI A C TCS TNGI I 9Fit WITHIN :1 E C21M4, llC/ ll^*A*AEnllnrA T T A11D USE DELI NATIeNAND HAST -111E C^nT"C77C7T S7Q*'T�!FiCt.11T tIU1.4B-1?R O U?IIT.9. IT 1�1„�^IC!'TCTI Tf I A T AAI A I'l(IITI/lAI A 1 Inn E961= )-$I�L'�'lIUT III THE NN9RTi GAT -F CLAM ERGi7TG AREA Ill P NG THE TIIIACCT] A ARC !1C Tn;✓ Heus R4G Ei=Fm EAIT. A T T AR:E ExPEEGT-FE) RENT -A[:; 11GUSPi! A ad A` OFFICE IN NeRTHG A Tri ClAIARIA ER l A i 4P"t.. TiiE NET A lmon C A GE GF 1 -MID Dv'/.GNTED PI ME SA�4R,kF, rE6 GEAIER,k6 P6A?J 22OFeROFFicE lS 19,dkGR s.`JrFICC ,t'Y'0 WIT.'IiTi TIis N9 THG A TC CE)M AERG! A i A4C � /.PE 111OWDZD WITHIN THE nr-IGE =1ID U E DSI^aNATIO1N 1TISPRe A17 ^E-DUILT R IDM 711E OFF 1GE BESIGNATI G? 1 TiiC �ATII ATC. CI]/"J���l�CC A fll II]IAI ITT!C TIAACCI] SOF Tl lu II9 11C (Alli Til CAA CAIT. A1=6 LEVELS S 9 1 3 C1 /111/ fi[C GTTifTI OPPORTUNITIES FOR ENERGY CONSERVATION Housing Elements are required to identify opportunities for energy conservation. Since the deregulation of energy companies in 1998, the price of energy has skyrocketed. With such an increase in prices, energy costs can be a substantial portion of housing costs. Effective energy conservation measures built into or added to existing housing can help residents manage their housing costs over time and keep lower income households operating costs affordable. There are a number of programs offered locally, through the local energy provider (PG&E) and through the State of California, provide cost-effective energy saving programs. Due to deregulation in California, utility costs have skyrocketed. State budget cuts could negatively effect some of these programs as a result. The California Human Development Corporation in Rohnert Park runs a "weatherization" program for low income households and additional programs may be forthcoming with recent increases in energy costs. The City has made information regarding energy conservation available to the public. There are several significant other areas in which the City of Novato is encouraging energy conservation in new and existing housing: (1) Through application of State residential building standards that establish energy performance criteria for new residential buildings (Title 24 of the California Administrative Code). (2) Through the Housing Rehabilitation Loan Program that assists in the rehabilitation of older housing units, which can include energy efficiency improvements. K*YA (3) Through appropriate land use policies and development standards that reduce energy consumption, such as promoting more compact, walkable neighborhoods, with housing close to transit, jobs, community facilities and shopping; encouraging in -fill development; planning and zoning for multi -use and higher density development; permitting common walls and cluster development; and promoting passive and active solar design elements and systems in new and rehabilitated housing. Energy conservation programs are also operated by private utilities and State and Federal agencies. For example, State and federal appliance standards now require manufacturers to produce and sell appliances according to specified energy -consumption performance criteria, and the Energy Crisis Intervention Program, funded by the State Department of Economic Opportunity, helps low income residents pay delinquent energy bills to avoid interruption of service. PG&E also sponsors programs such as the Project Help/Direct Weatherization program that provides free attic insulation, weather stripping and caulking, water heater blankets and low flow shower heads for low income households. The PG&E "walk-through audit" provides a comprehensive assessment of energy conservation needs and costs related to home appliances, structural design and insulation. Through these and other conservation measures the City seeks to help minimize the percentage of household income that must be dedicated to energy costs as well as minimize the use of nonrenewable resources. FAIR HOUSING The City of San Rafael provides support to Fair Housing of Marin through the CDBG program. Fair Housing flyers are available at City Hall, City Hall at the Mall and the City libraries. Information on housing opportunities in the City of San Rafael and the County of Marin is available through the Housing Assistline. The Housing Assistline is funded by the Marin Community Foundation and local cities. The Assistline is located at Marin Housing (Housing Authority) and is staffed by Marin Housing workers and trained volunteers. Some of the Assistline staff are bilingual. The Assistline provides information and referrals on affordable housing including Section 8, Public Housing, housing for persons with special needs, Below Market Rate rental and ownership programs, the low cost rehabilitation program, housing discrimination and landlord tenant law. The Assistline number is posted in San Rafael City Hall in the Foyer, the City Clerk's office, the Community Development Department, the Redevelopment Agency, the City libraries and City Hall at the Mall. Mediation Services provides bilingual assistance in the area of landlord tenant law. The Redevelopment Agency provides $20,000 annually to this organization. In 2001 and 2002, the City sent bilingual letters to all tenants in buildings over four units informing them of Mediation Services and encouraging them to. The City does not anticipate sending another letter due to the cost and small number of calls received as a result of the letter. The Legal Self Help Center of Marin provides assistance on all legal matters including landlord tenant and Fair Housing law. The Center is funded by the Marin Community Foundation and the County courts. 398 EXHIBIT BB: QUANTIFIED OBJECTIVES 1999-20071— 4 0 210 Very Low Low Moderate Above Moderate 42 10 Income Income Income Income TOTAL New Construction H -9a Housing Set -Aside Fund. 163 82 156 0 401 H-1 4d Review Zoning for Live/Work Opportunities. 0 0 15 0 15 H -14e Single Room Occupancy (SRO) Units. 0 0 30 0 30 H -18d Air Rights Development. 0 25 25 0 50 H -22a Higher Density Infill Housing Near Transit. 20 20 160 0 200 H -23a Encourage Residential Uses in Commercial Areas. 72 72 288 288 720 H -24b Employee Housing Opportunities. 0 0 40 0 40 H -25a New Second Units. 26 26 50 0 102 Rehabilitation H -1 0c Provide Ongoing Affordability Restrictions. H-1 Oe Canal Affordable Safe and Healthy Housing. H -11c Rehabiliation and Energy Loan Programs. Conservation H -10b Condominium Conversion Ordinance. H -14f Co -Housing, Cooperatives, and Similar Development. H -20a BMR Resale Regulations. H -20b BMR Rental Regulations. H -20c "At Risk" Units. 141 65 4 0 210 20 20 2 0 42 10 0 0 0 0 0 10 0 0 TOTAL 492452 339320 7-90770 349288 i Based uvon nroiected implementation of Housine Policv H-18 and Droerams thereunder. Ictal:: All units 10 10 All units All units EXHIBIT B MITIGATION MONITORING AND REPORTING PROGRAM SAN RAFAEL GENERAL PLAN 2020 INTRODUCTION The California Environmental Quality Act (CEQA) requires a public agency to adopt a reporting or monitoring program when approving a project or changes to a project, in order to mitigate or avoid significant effects on the environment (Public Resources Code section 21081.6). The program is based on the findings and the required mitigation measures presented in an Environmental Impact Report (EIR) that has been prepared on the project and certified by the lead agency. The reporting or monitoring program must be designed to ensure compliance during project implementation. Pursuant to the CEQA Guidelines, a Mitigation Monitoring and Reporting Program (MMRP) must cover the following: The MMRP must identify the entity that is responsible for each monitoring and reporting task, be it the City of San Rafael (as lead agency), other agency (responsible or trustee agency), or a private entity (i.e., the project sponsor). The MMRP must be based on the project description and the required mitigation measures presented in the environmental document prepared for the project and certified by the lead agency. The MMRP must be approved by the lead agency at the same time of project entitlement action or approvals. MMRP's are typically designed in chart and checklist format for ease of monitoring and reporting. LOCATION AND CUSTODIAN OF DOCUMENTS Consistent with the California Environmental Quality Act, an EIR was prepared to address the impacts of the proposed San Rafael General Plan 2020. This document, entitled Satz Rafael General Plan 2020 EIR consists of two volumes (Draft EIR dated February 2004, and Response to Comments to the Draft Environmental Impact Report and to the Draft General Plan 2020 dated August 2004), and is on file with the City of San Rafael Community Development Department, along with all the other documents which constitute the record of proceedings. PURPOSE AND USE OF THE MONITORING AND REPORTING PROGRAM The purpose of the monitoring and reporting program is to provide the City of San Rafael with a simple guideline of procedures to ensure that the mitigation measures required under the Final EIR are implemented properly. Since each required mitigation measure must be implemented, a monitoring and reporting chart was created, which is attached to this report. This chart provides the following information and direction for use. 1) The required mitigation measures are listed in the first column, corresponding to the list of measures provided in the Final EIR. 35 2) The second column lists the agency or entity responsible for implementing the mitigation measure. 3) The third column lists the timing as to when the mitigation measure is to be implemented. 4) The fourth column provides guidance on monitoring and reporting actions to ensure that implementation procedures are followed. California Government Code section 65400 provides that after adoption of a plan (such as a city General Plan) planning agencies (such as the City of San Rafael) provide an annual report on the status of the plan and progress in its implementation, including the progress in meeting its share of regional housing needs. The CEQA Guidelines (section 15097) state in part where the project at issue is the adoption of a general plan ..., the monitoring plan shall apply to policies and any other portion of the plan that is a mitigation measure or adopted alternatives. The monitoring plan may consist of policies included in plan -level documents. The annual report on general plan status required pursuant to the Government Code is one example of a reporting program for adoption of a city or county general plan. As listed in the fourth column this NIMRP relies on the city's General Plan Annual Report to report on the status of the policies and programs adopted in response to the Final EIR mitigation measures. 9M EXHIBIT C CEQA FINDINGS OF FACT and STATEMENT OF OVERRIDING CONSIDERATIONS OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL for the SAN RAFAEL GENERAL PLAN 2020 November 15, 2004 I. INTRODUCTION San Rafael's current General Plan, General Plan 2000, was adopted in 1988. In 1998, the City determined that a comprehensive update of the General Play: 2000 was needed to address changed conditions since adoption of the 1988 plan to maintain a plan current in policy, program implementation, and budget direction. (DEIR for General Plan 2020 ("DEIR"), p. II -2.) The Project is General Plan 2020, a comprehensive update of General Plan 2000. The following is a list of the topical elements that have been prepared or updated in General Plan 2020: • Air and Water Quality • Circulation • Conservation • Culture and the Arts • Community Design • Economic Vitality • Governance • Housing • Infrastructure • Land Use • Neighborhoods • Noise • Open Space • Parks and Recreation • Safety The Air and Water Quality, Conservation, Culture and the Arts, Community Design, Economic, Governance and Infrastructure Elements are new elements of General Plan 2020. Several of these elements are addressed in General Plan 2000 as follows: Conservation policies are located in the Natural Environment Element; Community Design policies are located in the Land Use, Downtown, Francisco Boulevard West, East San Rafael, Canal, Bayfront and Marin Island, and the Montecito/Happy Valley sections; and Infrastructure policies are located in the Land Use Element. The existing Neighborhood Element has been revised to consolidate the General Plan 2000 policies as well as the policies in the eight existing neighborhood plans. The new Neighborhood Element replaces all existing neighborhood plans. (DEIR, p. II -2.) An Environmental Impact Report ("EIR") for General Plan 2020 was prepared pursuant to the requirements of the California Environmental Quality Act ("CEQA") (Pub. Resources Code, § 21000 et seq.) The EIR identified several significant environmental effects that could result from implementation of General Plan 2020. CEQA therefore requires the City to make certain findings before adopting General Plan 2020. (Pub. Resources Code, § 21081.) As discussed more fully below, these Findings of Fact have been prepared pursuant to the requirements of CEQA. 2 II. DEFINITIONS "ABAG" means Association of Bay Area Governments. "ADA" means Americans with Disabilities Act. "BAAQMD" means Bay Area Air Quality Management District. "BART" means Bay Area Rapid Transit. "Cal -EPA" means California Environmental Protection Agency. "Caltrans" means California Department of Transportation. "CAP" means Clean Air Plan. "CDA" means Marin County Community Development Agency. "CDFG" means California Department of Fish and Game. "CDMG" means California Department of Mines and Geology. "CEQA" means California Environmental Quality Act. "CIP" means Capital Improvements Program. "CMA" means Congestion Management Agency. "CMP" means Congestion Management Plan. "CMSA" means Central Marin Sanitation Agency. "CUPA" means California Unified Program Agency. "dB" means decibel(s). "dBA" means A -weighted sound levels. "DOT" means Department of Transportation. "DTSC" means California Department of Toxic Substance Control. "EIR" means Environmental Impact Report. "EPA" means United States Environmental Protection Agency. "FEMA" means Federal Emergency Management Agency. "FIRM" means Flood Insurance Rate Map. "GGBHTD" means Golden Gate Bridge Highway and Transportation District. "GGT" means Golden Gate Transit. "ISO" means Insurance Service Office. "LAFCO" means Local Agency Formation Commission. "Lan" means day -night noise level. "Leq" means equivalent noise level. "LGVSD" means Las Gallinas Valley Sanitary District. "Ln,a," means highest noise level measured over a given period of time. "LOS" means Level of Service. "MCFCD" means Marin County Flood Control and Water Conservation District. "MCSTOPPP" means Marin County Stormwater Pollution Prevention Program. "MGD" means million gallons per day. "MMWD" means Marin Municipal Water District. "MTC" means Metropolitan Transportation Commission. "MWHOA" means Marinwood Homeowners Assocation. "NCRA" means North Coast Railroad Authority. "NEPA" means National Environmental Policy Act of 1969 (42 U.S.C. § 4321 et seq.). "NFIP" means National Flood Insurance Program. "NGVD" means National Geodetic Vertical Datum. "NOP" means Notice of Preparation. "NPDES" means National Pollutant Discharge Elimination System. 2 "NPRA" means Northwestern Pacific Railroad Authority. "PG&E" means Pacific Gas and Electric Company. "PM" means particulate matter. "PM2.5" means particulate matter equal to or less than 2.5 microns in diameter. "PM10" means particulate matter equal to or less than 10 microns in diameter. "PPM" means parts per million. "PSP" means Project Selection Process. "PUC" means Public Utilities Commission. "RWQCB" means Regional Water Quality Control Board. "SCWA" means Sonoma County Water Agency. "SMART" means Sonoma Marin Area Rail Transit. "SRSD" means San Rafael Sanitation District. "STIP" means State Transportation Improvement Program. "TAC" means Toxic Air Contaminants. "TCM" means Transportation Control Measures. "TMDL" means total maximum daily load. "UBC" means Uniform Building Code. "USAGE" means United State Army Corps of Engineers. "USFWS" means United States Fish and Wildlife Service. "UWMP" means Urban Water Management Plan. "VMT" means Vehicle Miles Traveled. III. PROJECT DESCRIPTION Overview In 2000, Marin County had a population of 247,289. With a 2000 population of 56,063, the City of San Rafael is the largest city in Marin County, and the second largest city, after Santa Rosa (population 147,595), in the North Bay. The California Department of Finance estimated that the population of San Rafael in 2003 was 57,146. (DEIR, p. III - 17.) Population growth in San Rafael has fluctuated over the decades. With the end of World War II, the new Bret Harte and Sun Valley neighborhoods increased the City's population 62 percent, from 8,573 in 1940 to 13,852 in 1950. Between 1970 and 1980, San Rafael's population nearly doubled to 44,700 with the annexation of neighborhoods in north San Rafael, including Terra Linda. From 1990 to 2000, the City's population increased at an annual rate of 1.5 percent. Fifty-six percent of this growth can be attributed to an increase in household size from 2.31 people per household to 2.42 per household, and 44 percent can be attributed to construction of new housing. The population in San Rafael's Sphere of Influence in 1990 was 60,387, increasing 13.5 percent to 68,572 in 2000; 94 percent of this increase was within San Rafael's city limits. DEIR Exhibit III.4-1 shows the households, population, total employment, and the number of employed residents for the existing conditions, for General Plan 2020, and for General Plan 2000. (DEIR, p. III -17.) General Plan 2020 assumes a projected amount of growth, and is not a build out plan. Build out assumes construction of the maximum amount of development allowed under the Land Use Element. By using projected growth, the City recognizes that little vacant land remains for development, that redevelopment of an existing building is more difficult to achieve and thus occurs at a slower pace than developing vacant land, and that incremental growth through redevelopment is small. The growth projections should be viewed on a citywide basis. (DEIR, pp. III -17 to III -18.) Project Objectives General Plan 2020 is a comprehensive update of General Plan 2000. The Project is designed to meet a number of objectives, including: • Address changed conditions since the adoption of General Plan 2000 in 1988; • Include recent policy recommendations from the Economic Vision, Vision North San Rafael, and Canal Voice; • Meet legal requirements for a General Plan, Housing Element, compliance with regional standards and regulations, and environmental review; • Create a simple, easy -to -read document; and D • Adopt zoning changes, design guidelines and other implementing resolutions related to key provisions of the Plan. (DEIR, p. III -1.) Discretionary Actions Four additional types of changes are anticipated in conjunction with the adoption of General Plan 2020. Certain zoning amendments will be made to implement General Plan policies, as listed below. a. Amendment to section 14.04.020 (Land Use Regulations) to allow bed and breakfast inns in certain R districts to implement LU -21 Hotels, Motels and Inns. b. Amendment to section 14.05.010 (Specific purposes) to modify the purpose statements for General Commercial (GC), Office (0) and Francisco Blvd. West Commercial (FBWC) districts to allow residential use, to modify the purpose statement for Hetherton Office (HO) district to allow more residential and retail uses, to change the Commercial/Office (C/O) district to allow residential use on the ground floor, and to modify the Neighborhood Commercial (NC) district to allow up to three stories for a mixed-use building, to implement NH -35a Zoning Ordinance and LU -24 Land Use Map and Categories. c. Amendment to section 14.05.020 (Land Use Regulations), to allow residential - only and residential -mixed use in the Office (0) district and residential use in the General Commercial (GC) district and Francisco Blvd. West Commercial (FBWC) District and to allow residential -only development in the Commercial/Office (C/O) District to implement LU -24a Zoning Ordinance Amendments. d. Amendment to section 14.05.030 (Property Development Standards) (GC, NC, O, C/O, RIO, FBWC) to designate a residential density for the General Commercial (GC), Office (0) and Francisco Blvd. West Commercial (FBWC) districts, to allow a 36 -foot height limit for mixed-use buildings in the Neighborhood Commercial (NC) District, to clarify the allowed height and height bonus for hotels, and to revise the reference for the Lincoln Avenue height bonus to note that all height bonus regulations are in section 14.16.090 to implement LU -24a Zoning Ordinance Amendments, LU -13 Building Heights and LU -14 Height Bonuses. e. Amendment to section 14.05.022 (Land Use Regulations), to allow for residential -only development, and for more ground floor retail in the Hetherton Office (HO) District to implement NH -35a Zoning Ordinance. f. Amendment to 14.06.010 (Specific purposes), 14.06.020 (Land Use Regulations) and 14.06.030 (Property Development Regulations) to add the Lindaro Mixed Use (LMU) district and related regulations, and to delete the reference to a use permit requirement for traffic intensification to implement LU -24a Zoning Ordinance Amendments. 7 g. Amendment to 14.07.030E (Trip Allocations) to delete the reference to Trip Allocations, which will no longer be necessary with the deletion of Appendix B in General Plan 2000. h. Amendment to 14.08.010 (Specific Purposes), 14.08.020 (Land Use Regulations) and 14.08.030 (Property Development Standards) to combine the two marine zoning districts into one district, to allow residential and expanded retail and office uses in the Marine Related District and to establish a residential density to implement LU -24a Zoning Ordinance Amendments and NH -48a Zoning Ordinance. i. Amendments to section 14.09.010 (Specific Purposes), 14.09.020 (Land Use Regulations) and 14.09.03 (Property Development Standards) to allow residential development in the Public/Quasi-Public Zoning District to implement LU -24a Zoning Ordinance Amendments. j. Amendment to Section 14.16.030 (Affordable Housing Requirements) to govern the application of in lieu fees for residential and nonresidential development, to implement H-1 9a Inclusionary Housing, H-21 s Implement State Density Bonus Law, and H -24a Jobs/Housing Linkage Ordinance (see FEIR, pp. IX -469, IX - 473, IX -474 for further discussion of in -lieu fee). The ordinance will establish the requirements for provision of affordable housing (or in limited cases an in -lieu fee) in new residential development, include new regulations requiring the provision of affordable housing or an in -lieu fee for new non-residential development to mitigate the addition of new lower -wage jobs, and provide allowances for density bonuses for new residential development based on requirements of state law. k. Amendments to section 14.16.150 to delete formula limiting mixed use residential development, to delete subsection (B) (3) governing mix of allowed development in a mixed use project, and to replace the floor area ratio (FAR) table with revised floor area ratio (FAR) maps, to implement H -23b(2) Zoning Standards for Encourage Mixed Use. 1. Amendment to section 14.16.190 (Height Bonus) to include height bonuses in North San Rafael Town Center area and at Marin Square/Gary Place, and to add height bonus information currently contained in other sections of the Zoning Ordinance, to implement LU -14 Height Bonuses. m. Amendment to section 14.17. 100 to revise subsection (B) (Applicability) to identify the level of review for housing development in a mixed-use project, and to revise the live/work standards, to implement H -23a Zoning Standards to encourage Mixed Use. n. Amendment to section 14.22.020 to delete subsections (B) and (C), to avoid duplication of information provided in the land use tables for each zoning district. o. Delete Chapter 14.26 (Trip Permits) as General Plan 2020 will not include an Appendix B nor a methodology to track parcel -specific trip allocations. p. Amendments to the Zoning Map to include new Lindaro Mixed Use Zoning District, rezone the Marine Commercial lots to Marine Related, and to make other zoning map amendments for consistency with General Plan 2020, to implement LU -24a Zoning Ordinance Amendments. 8 2. The various design guidelines that are currently used by project planners will be consolidated into one design document. Adopted guidelines to be included are the Downtown Design Guidelines and the design policies from the Montecito/Happy Valley Neighborhood Plan. In addition, Francisco Blvd. Design Guidelines will be included. The guidelines will apply to commercial and residential buildings citywide. 3. Traffic Mitigation Fees will be updated to reflect the circulation roadway improvements in General Plan 2020. 4. To implement policy LU -3 Project Selection Process, the implementing resolution for the Priority Projects Procedure will be revised to require that the process apply citywide and to include AM peak hour trips as well as PM peak hour trips. (DEIR, pp. III -15 to III -16.) Project Location The City of San Rafael is located within the County of Marin, one of the nine counties of the San Francisco Bay Area Region. The City is located 17 miles north of San Francisco, along the western edge of San Francisco Bay. San Rafael's Planning Area encompasses 51 square miles, including 21 square miles of water area and 30 square miles of land area. The General Plan Planning Area (Planning Area) includes all of San Rafael's incorporated lands plus land areas outside the City limits that are designated by the Local Agency Formation Commission (LAFCO) as within San Rafael's Sphere of Influence. These areas include California Park, Country Club, Bayside Acres, and Los Ranchitos; unincorporated areas on the Sun Valley slope; China Camp State Park; the Santa Venetia area; and the Marinwood and Lucas Valley area (developed and undeveloped portions). (DEIR, p. III -1.) LAFCO currently includes the properties of St. Vincent's School for Boys and the Silveira Ranch within the San Rafael Sphere of Influence. Consistent with City Council Resolution No. 11237, the City has requested that LAFCO remove the St. Vincent's and Silveira Ranch properties (St. Vincent's/Silveira properties) from San Rafael's Sphere of Influence. Also consistent with the Resolution, General Plan 2020 would not include those lands within the Planning Area nor policies addressing the future of these properties, as the Marin Countywide Plan will determine future land uses. (DEIR, p. III - 1.) Project Description The project is a comprehensive update of General Plan 2000. The goals, policies, and programs of General Plan 2020 reflect seven themes: • Keep San Rafael's 'hometown' character — San Rafael is a place unlike any other, mixing the old and new while retaining a sense of history, providing a comfortable sense of belonging to a special place. 9 One of the strengths of San Rafael is that it has retained a unique sense of identity, through decades of new construction, changing businesses, and a changing socio-economic climate. San Rafael policies seek to retain and build on this `hometown' character by balancing the preservation of valued historic and environmental assets with the energy and excitement that comes from new initiatives, buildings and businesses. • Foster San Rafael's accessible and responsive government — San Rafael has an involved and committed citizenry dedicated to seeking solutions and improvement. Over the past two decades, San Rafael's City government has evolved towards a community-based governance model where residents have increasingly become more familiar with and involved in City government. Through volunteerism, neighborhood partnerships, civic cooperation, advisory groups and task forces, and review of projects, the San Rafael public has increasingly engaged in government. • Improve the appearance of the neighborhoods — San Rafael is a city of neighborhoods, both residential and commercial, and new, attractive and graceful buildings complement and enhance existing neighborhoods. As San Rafael is essentially a built -out community, meaning that most new development will occur on sites where an existing building is expanded or replaced, project design has become a critical element of review. New buildings can reinforce a neighborhood's character, provide landmarks and public spaces, and increase the value of an area. San Rafael policies expand the possibilities for design guidance and for projects to improve neighborhoods. • Sustain the diversity of the local economy — The strength of San Rafael's local economy is its central location as a full service city with a wide range of goods, services, jobs and housing opportunities. During the past twenty years of economic growth, San Rafael experienced considerable jobs growth as major retailers moved to the city, and new office and light industrial buildings were constructed. Because of its proximity to San Francisco and the East Bay, and because of the diversity of the local economy, San Rafael has a relatively stable local economic base. Nonresidential development, particularly retail uses, helps fund needed City services. San Rafael policies allow for limited economic growth in particular areas. • Increase the housing supply — New homes add to the vitality of San Rafael, retain diversity, provide housing for people who work here, reduce traffic, and can best be provided in mixed use commercial and infill areas. San Rafael has long experienced an affordable housing crisis. One way to meet local housing needs is to build more housing. San Rafael policies particularly support new housing in commercial areas. 10 • Manage the traffic — San Rafael maximizes opportunities to improve traffic flow and increase opportunities for walking, biking and using transit. Residents want to ensure that new development does not result in negative traffic impacts. Needed improvements are described in the Circulation Element. Parking is also an issue, particularly in areas where older projects do not have sufficient on-site parking. Treasure the open spaces — Over the years, San Rafael residents have purchased and dedicated natural areas to save them as open space, resulting in surrounding hills that will remain natural backdrops to the community. Due to community efforts in the early 1970s to purchase threatened open space areas, San Rafael's hillsides and many of its wetland areas are preserved for perpetuity. Policies support wetland protection (and expansion), open space management, and appropriate public uses in environmentally sensitive areas. (DEIR, pp. III -4 to III -5.) These themes are further described in the Vision of San Rafael in 2020, and in the policy direction of the plan. General Plan 2020 is organized by four topic areas, with 15 chapters, or elements, as described below. Topic Area: Our Use of Land Land Use Element — Required element. This element would establish the planned land use pattern for San Rafael based on historic development and the community's vision for the future. The City of San Rafael is a nearly built -out community with limited development opportunities. Growth would be managed through policy LU -3, Project Selection Process, which would be an expansion of the City's current Priority Projects Procedure that provides for City Council review and approval of traffic allocations for high priority projects. The program would apply to projects of a certain size or larger city-wide (including Central and Downtown San Rafael) rather than projects only at the 101/580 interchange or the 101/Freitas interchange. In addition, the evaluation criteria would be modified to reflect current City Council goals. (DEIR, p. III -5.) Policies would continue to promote housing throughout the City, neighborhood retail centers, industrial areas, and regional shopping areas, and an urban Downtown. Updated Land Use policies would promote infill redevelopment on underutilized sites in commercial areas and near transit, while maintaining the historic neighborhood and nonresidential land use patterns of the community. Mixed use would be allowed, in more areas of the city, as housing would be and added use in three commercial districts (Office, General Commercial and Marine -Related) and one industrial district (Lindaro Mixed Use). The land use map and policies also show areas appropriate for providing housing units consistent with State law requirements. (DEIR, p. III -5.) 11 Building heights are described in LU -13, Building Heights, and LU -14, Height Bonuses. An increase in height from General Plan 2000 limits is proposed in the following two districts: • Neighborhood Commercial — to allow an additional six feet (up to 36 feet) for a residential/retail mixed use building. • General Commercial — in the North San Rafael Town Center area, to allow either a 12 or 24 feet height bonus for affordable housing. The Planning Commission recommended, and the City Council concurred, a 24 -foot height bonus. (DEIR, p. III -7.) Land use categories are described in LU -24, Land Use Map and Categories. The following General Plan 2000 Land Use categories are proposed to be modified: o Agriculture — land use category deleted • General Commercial — residential use added o Office — residential use added • Hetherton Office — more ground floor retail uses allowed, and residential -only uses allowed • Lindaro Mixed Use — new land use category allowing live/work residential use in an industrial area o Marine Related — residential use added o Retail/Off ce — residential use expanded o Parks and Open Space — the land use category was separated into two districts of Parks and of Open Space. • Conservation — the `overlay' designation indicating privately owned areas with significant environmental characteristics was separated from "Parks/Open Space" to a separate land use category. (DEIR, p. III -7.) The General Plan 2000 Land Use Map is proposed to be revised in the following places (See FEIR, Exhibit I1I.3-2 (p. IX -633), for a complete list of proposed land use changes, including General Plan 2000 and General Plan 2020 designations, by location and assessor's parcel number): • School sites — all school sites would have a residential designation consistent with that of the surrounding neighborhoods, instead of some having a Public/Quasi-Public designation. • Industrial lots around Davidson Middle School — lots would be designated Mixed Use Lindaro to allow live/work residential use. o Medway / Vivian area — light industrial/office areas would be redesignated to Neighborhood Commercial to allow for more neighborhood -serving commercial uses. • Loch Lomond Marina — Neighborhood Commercial designation would be expanded to allow for site design flexibility for redevelopment of the site. Sensitive habitat areas would be designated Conservation. The Planning Commission recommended that the 12 Land Use Map would be revised for larger M District and a concurrent reduction in the size of the Neighborhood Commercial District. (FEIR, p. IX -465.) • Brookdale Avenue — sites would be redesignated from medium to high density reflecting changes with Highway 101 expansion. • Golden Gate Transit Bus Yard — site would be designated Light Industrial/Office instead of Public/Quasi-Public. o Canalways — a portion of the site would be designated Conservation. Policy would allow for Light Industrial/Office development (for additional information regarding this designation, please see FEIR, pp. IX -22 to IX -27, IX -501, IX -527 to IX -529). It is not possible at this point to identify the size of the area available for development in the Conservation Land Use District portion of the site. Only with a thorough site- specific environmental assessment, as would be conducted if a development proposal were submitted, could the City identify the appropriate extent of development on the site. Residential use is not recommended for the site given the environmental and traffic constraints. Because residential use is a 24-hour use, with pets that could have a negative impact on species in the habitat areas, it is not recommended for this site. (FEIR, p. IX -501.) • Vista Marin — hillside area would be designated Open Space. • San Rafael Airport — site would be designated Airport/Recreation. Policy would allow for airport and other restricted uses. (FEIR, p. IX -463 to IX -464, IX -525.) • Woodland Avenue — lots would be redesignated from High Density to Low Density and Medium Density to reflect current land use pattern. o Gold Hill Grade — lots re -designated as Open Space to reflect recent zoning change. • Marin Ballet — the Planning Commission recommended a change from Low Density Residential to Public/Quasi-Public to reflect current use of the site. • Laurel Glen Homeowners open space parcel — the Planning Commission recommended a change from Conservation to Open Space to reflect the subdivision's condition of approval establishing the open space area. • Lucasfilm properties —187 acres at Grady Ranch redesignated from Conservation to Open Space and 52 acres as Light Industrial/Office to reflect the approved project. 0 316 and 328 Clorinda — two lots from Hillside Residential to Open Space to reflect subdivision approval establishing these sites as dedicated open space. • 3833 Redwood Highway — redesignated from Light/Industrial/Office to General Commercial to correct a mapping error. (The site is General Commercial in General Plan 2000.) (DEIR, pp. III -7 to III -8; See also Exhibit III.3-2, III.3.-3, and III.3-4, for a summary of proposed land use changes (FEIR, pp. IX -631 to IX -633).) Housing Element — Required element. General Plan 2000 policies proposed to be carried forward in General Plan 2020 continue to provide a wide range of housing densities to allow a variety of housing types to meet the different needs of San Rafael's population. Policies would also continue to encourage innovative financing, below market rate housing, density and height bonuses for affordable housing, and community partnerships to assist in the development of affordable housing and to prevent discrimination in San Rafael's housing market. (For further information on affordable 13 housing need, see FEIR, pp. IX -468, IX -471, IX -474, IX -478.) Housing policies would also support public participation during project review and require new units to be compatible with the surrounding neighborhood. Second dwelling units would continue to be encouraged, consistent with State law provisions. (DEIR, p. III -12.) Policy changes include an increase in the inclusionary requirement up to 20 percent required affordable units in a project, compared with 10 percent in the current plan. Other changes are to encourage the construction of new mixed-use and higher density housing near transit and services, and revise the housing conservation policy consistent with State law. See Appendix B of General Plan 2020 for a list of housing sites, consistent with State requirements for meeting San Rafael's regional share of housing needs. (DEIR, p. III -12, FEIR pp. IX -479 to IX -487.) (For further information on inclusionary and affordable housing, see FEIR, pp. IX -474, IX -475.) Neighborhoods Element — New optional element. The General Plan 2000 Neighborhood Element would be revised to consolidate current residential policies, policy recommendations in Vision North San Rafael, and policies in various adopted neighborhood plans. The General Plan 2020 Neighborhood Element would replace all existing neighborhood plans. Site-specific policies would be included in the Neighborhoods Element. For example, General Plan 2000 design policies located in the Land Use, Downtown, Francisco Boulevard West, East San Rafael, Canal, Bayfront and Marin Island, and the Montecito / Happy Valley sections are included in the appropriate neighborhood section of General Play: 2020. (DEIR, p. III -12.) Community Design Element — New optional element. The City's historic structures and surrounding natural landscapes add to the uniqueness and identity of San Rafael. This element would provide policies and programs to guide development of the City's built environment and create an appealing, functional, and safe city. The Community Design Element policies and programs would identify features in the surrounding landscape and ensure that the built city enhances those features, and provide direction for the preservation of views to the hillsides, the ridgelines, the Bay, the canal, and surrounding areas. Policies would also encourage design attention to protect and strengthen the character of neighborhoods and to design along major transportation corridors so that they may contribute to the quality of life in the City. Policies would also address the need for design guidelines and continued public involvement in the design review process. (DEIR, p. III -12.) Topic Area: Our Foundation Economic Vitality Element — New optional element. The Economic Vitality Element would establish policies supporting economic development and diversity in San Rafael. The element would include policies to implement San Rafael's Economic Vision. The focus of the element would be on sustaining a strong forward-looking economy through retaining existing and seeking new businesses, encouraging infill and enhancing the City's business areas. (DEIR, p. III -12.) 14 Circulation Element — Required element. The Circulation Element would establish policies affecting the movement of people, goods and vehicles within and through the City. The central focus of the Circulation Element is on creating a more diversified, safe, cost-effective, and resource -efficient transportation network. The Circulation Element would also provide the framework for accommodating increased traffic from planned development in accordance with the Land Use Element. (DEIR, p. III -12.) Policies in the Circulation Element would modify General Plan 2000 Level of Service standards to recognize constraints on Highways 101 and 580 and at specific local intersections, list needed roadway improvements to maintain level of service standards, and stress improving the City's transportation mode split to increase the use of public transit, bicycles, and other alternative modes. In addition to improving existing regional transit options, policies would encourage the development of commute rail service through San Rafael operating on the Sonoma Marin Area Rail Transit (SMART) Authority's right-of-way. Other policies encourage the use of traffic calming devices to provide safe and enjoyable streets for all users, and mixed-use development to allow residents to live close to jobs and other services and thereby reduce the number of automobile trips. Another change is that Appendix B in General Plan 2000 is not included in General Plan 2020. Traffic allocation would be proposed to occur instead through a modified Priority Projects Procedure, entitled Project Selection Process (PSP), and implemented through policy LU -3, Project Selection Process. (DEIR, p. III -13.) The Steering Committee discussed at length the various modes of transportation, including expected improvements versus the investments required, the impacts of the modes on the safety and efficiency of each other, and the desired outcomes of the improvements in the context of the overall issues of traffic congestion. Not surprisingly, given the importance of mobility in the community, the Circulation Element has seven goals, more then any other element. As policies were drafted and organized (and recognized) the framework of the element took a coherent shape, and the goals were organized thusly: Leadership. Because San Rafael is the largest city in Marin, located at the crossroads of two highways, and because traffic is the number one issue in the community, recognize first the crucial role the City has in promoting in Marin County, the North Bay and Bay Area improvements that will help with regional auto congestion. Mobility for All. Accepting that most trips are taken by car, develop a circulation system that is more inclusive of other modes of transportation. The Circulation Goals cover the LOS standards, improvements for all modes, encouraging alternatives to the car, and improving transit. Safe and Efficient Street System. The Circulation Goals focus on traffic calming and roadway design. Connections. Policies address non -auto connections between neighborhoods. 15 Bikeways. The Circulation Goals also reference the Master Plan. Parking. Policies addressing the Downtown Parking District and neighborhood parking issues are included here. (FEIR, p.IX-545 to IX -547.) Infrastructure Element — New optional element. The Infrastructure Element would provide policies and programs for the planning, construction, management, and maintenance of public facilities provided by the City of San Rafael related to roads, drainage, telecommunications, water and power systems, and other facilities. Policies and programs would also address such issues as functional and technological adequacy, disabled accessibility, and public parks and buildings. (DEIR, p. III -13.) Governance Element — New optional element. This Element identifies policies and programs to support community involvement in local government, partnerships with educational efforts, collaborative efforts with community groups, and sound fiscal practices. (DEIR, p. III -13.) Topic Area: Our Quality of Life Culture and Arts Element —New optional element. This Element identifies policies and programs to encourage, promote, and provide arts and cultural activities. The element would also provide for the expansion of library services, and for the protection and maintenance of historic buildings and archaeological resources. (DEIR, p. III -13.) Parks and Recreation Element — Optional element. The Parks and Recreation Element would provide policies and programs which identify San Rafael's park facilities, describe the community's recreation needs, and establishes policy direction on park and recreation improvements. (DEIR, p. III -13.) Safety Element — Required element. The Safety Element focuses on reducing the potential risk of death, injury, damage to property, and economic and social disruption resulting from fire, flood, seismic and geologic hazards, and other public health and safety hazards, including hazardous materials. General Plan 2020 (Appendix E) includes a Geotechnical Review Matrix, which establishes geotechnical review standards for new development. The Safety Element provides policies for the type, location, intensity, and design of development (including public improvements) in areas of potential hazards. These policies focus on making informed decisions about land use and development near these hazards. The Safety Element also provides policies to ensure adequate fire protection, paramedic, and police services, including disaster preparedness planning and an urban search and rescue program. The element provides for the completion of the remaining San Rafael Basin storm drain improvement project that would achieve flood protection 16 objectives established by the City, and supports levee upgrades to provide flood protection by the Bay. (DEIR, pp. III -13 to III -14.) Noise Element — Required element. Vehicular traffic on roadways is the single largest source of unacceptable noise. Average noise levels are highest along Highways 101 and 580 and along major traffic corridors. Airplanes and mechanical and construction equipment are also contributors. The Noise Element includes standards to protect people from excessive, unnecessary and unreasonable noises in the community. The Noise Element provides policies to minimize the noise impacts of anticipated commute rail service, address noise impacts from existing sources, minimize the exposure of new residents and workers to excessive levels of noise, and prevent adverse levels of noise from being generated by new sources. Noise Element policies would minimize noise impacts from increased traffic levels by supporting mixed-use development, enforcement of speed limits, and street improvements and traffic calming techniques. (DEIR, p. III - 14.) Topic Area: Our Natural Resources Open Space Element — Required element. The Open Space Element policies would protect San Rafael's open spaces to ensure their continued preservation. Policies would also identify additional open spaces to preserve, encourage management of open spaces, and address appropriate access to and use of open space. The open space policies in the Natural Environment Element of General Plan 2000 are included in this new element. (DEIR, p. III -14.) Conservation Element — Required element. The Conservation Element policies would protect natural resources to ensure their economic and recreational value, as well as their ecological value. Policies address water, air quality, and wildlife and cover the following topics: wetlands; diked baylands; creeks and drainageways; native plants; animals and habitat; and resource management. Policies for vegetation, wildlife, wetland, creeks, and shoreline protection would be applied through the project review process for development projects that require discretionary approval, such as subdivision or design review applications. Policies would also promote the restoration and/or rehabilitation and enhancement of damaged habitats. The conservation policies in the Natural Environment Element of General Plan 2000 are included in this new element. (DEIR, p. III -14.) Air and Water Quality Element — New optional element. Air and Water Quality policies would promote actions to maintain high quality air and water in San Rafael. The Air and Water Quality Element would require that San Rafael meet all local, State and federal standards for water quality, including potential pollutant runoff into the storm drain system, the San Francisco Bay, creeks, drainageways, and the San Rafael Canal. Policies would also seek to mitigate the effects of vehicular pollution by supporting public transit and the reduction of the use of single occupancy vehicles, and promote land use design practices that incorporate walking and biking options. (DEIR, p. III -14.) 17 IV. BACKGROUND To develop the work program for the update of General Plan 2000, the San Rafael Community Development Department held a series of outreach meetings between January and August 1998, meeting with 49 community groups and over 600 people. Participants were asked what issues need to be addressed in the General Plan update, how to publicize the work of the General Plan Steering Committee and how to involve the community in the project. Several preliminary themes emerged from the meetings: traffic, the high cost of housing, enthusiasm for the recent changes Downtown, and quality of life issues. The suggestions from the meetings were used to draft a work program for the Planning Commission's review and adoption by the City Council. In May 2000, the City Council appointed a 19 -member Steering Committee to "prepare a recommended General Plan for the City of San Rafael." As part of that charge, Council asked that San Rafael General Plan 2000 be updated to reflect recent neighborhood plans and visions, and changed circumstances in the community. The Steering Committee members were appointed as community members involved in a wide variety of activities throughout the city. Over the next three years, the Steering Committee held 39 meetings in neighborhoods throughout the city. (DEIR, p. I-1.) As part of the community process, the Committee first prepared the General Plan Report Card on the accomplishments of General Plan 2000 and reviewed trends occurring in the City and region. In the fall of 2000, the Steering Committee members met with community groups to identify the most important planning issues in San Rafael. The meetings revealed that people generally felt San Rafael was doing very well with public safety; and that the top planning issues were traffic, education, housing needs, and the transportation system. The Steering Committee also held three visioning sessions to discuss the future of San Rafael. The results from the visioning sessions were used to draft the vision statement outlining the City's aspirations for the future and to prepare draft General Plan goals. (DEIR, pp. I-1 to I-2.) In December 2000, the City Council appointed 45 people representing a broad range of San Rafael's different constituencies to assist the Steering Committee in preparing "citywide policy recommendations to implement the General Plan goals." Four Task Groups were formed: Quality of Community Life, Getting Around Town, Economic Vitality, and Neighborhoods and Homes. The Task Groups wrote draft policies and provided an opportunity for community members to review and comment on the draft policy directions being developed. The Task Groups presented their recommendations to the City Council in June 2001. (DEIR, p. I-2.) The Steering Committee next turned its focus to land use and traffic modeling. In January 2002 the committee hosted a Community Design Charrette to obtain information and ideas from other community members regarding their visions for future development and change in San Rafael. In this charette six potential `change' areas, the Canalfront, Loch Lomond, Marin Square, Medway, Northgate, and Woodland Avenue, were studied. Mixed-use, live/work and affordable housing emerged as a major land use in all six areas. 18 With this information, the Steering Committee tested future land use scenarios for traffic congestion, evaluated housing opportunity sites, drafted fifteen General Plan elements, and met with community groups. (DEIR, p. I-2.) In addition to hosting community meetings and speaking with civic and neighborhood groups throughout the planning process, the Steering Committee publicized its work through San Rafael's City Focus newsletter, and through the City website by including information about meetings, draft documents and ways to provide input. In August 2003, the Steering Committee presented its recommended Draft General Plan 2020 to the City Council. (DEIR, p. I-2.) On May 5, 2003, the City published an Initial Study, which confirmed the need for an EIR and determined the topics for analysis (also called impact areas). The Initial Study identified the following areas as potentially being significantly impacted by the project: Land Use, Population, Employment and Housing; Transportation and Circulation; Air Quality; Noise; Public Services and Utilities; Cultural Resources; Visual Quality; Biological Resources; Geology, Soils, and Seismicity; Hydrology, Water Quality, and Flood Hazards; Agriculture. (DEIR, p. I-2.) In compliance with CEQA, the City of San Rafael sent a Notice of Preparation (NOP) on May 5, 2003 to government agencies, special service districts, organizations, and individuals with an interest in or jurisdiction over the project. This step ensured early consultation on the scope of the EIR. The comment period lasted for 30 days after receipt of the NOP, at which point the Planning Commission held a public scoping meeting for the project on May 27, 2003. (DEIR, p. I-2.) Comments provided by the public and public agencies in response to the NOP were received by the City and were considered during the preparation of the Draft EIR. The DEIR was distributed on February 9, 2004 to the public and to public agencies for a 45 -day public review period as required by State law. The DEIR's public review period ended on March 24, 2004. (DEIR, p. I-5.) The Planning Commission held a hearing on the Draft EIR on February 24, 2004. A Final EIR was prepared to respond to the comments that were received on the Draft EIR. The Final EIR was released for public review on August 9, 2004. On August 24, 2004, the Planning Commission adopted a resolution recommending that the City Council certify the Final EIR. The City Council held a public hearing on September 15, 2004, allowing further public comment on the Final EIR. Responses to comments on the Final EIR received at the hearing or in writing were also prepared and included in the staff report prepared for the City Council meeting of November 15, 2004. 19 V. RECORD OF PROCEEDINGS For the purposes of CEQA, and the findings herein set forth, the administrative record for the Project consists of those items listed in Public Resources Code section 21167.6, subdivision (e). The record of proceedings for the City's decision on the Project consists of the following documents, at a minimum: • The NOP and all other public notices issued by the City in conjunction with the Project and responses to the NOP and notices; • The Draft Environmental Impact Report for the San Rafael General Plan 2020; • All comments submitted by agencies or members of the public during the 45 -day comment period on the Draft EIR, and comments on the Final EIR; • All comments and correspondence submitted to the City with respect to the Project; • The Final Environmental Impact Report for the San Rafael General Plan 2020, including the Planning Commission staff report, minutes of the Planning Commission public hearing; Resolution of the Planning Commission relating to the EIR; City Council staff report; minutes of the City Council public hearing; comments received on the Draft EIR; the City's responses to those comments, supplemental pages of the EIR containing new and amended text added in response to comments made; technical appendices; and all documents relied upon or incorporated by reference; • The mitigation monitoring and reporting program for the Project; • All findings and resolutions adopted by the City in connection with the Project, and all documents cited or referred to therein; • San Rafael General Plan 2020 Background Report; • City of San Rafael Draft General Plan 2020; • All San Rafael plans relied upon or incorporated into Draft General Plan 2020; • City of San Rafael General Plan 2000 Final Environmental Impact Report; • City of San Rafael General Plan 2000; ►1l Marin Municipal Water District Urban Water Management Plan 2000 • All reports, studies, memoranda, maps, staff reports, or other planning documents in the City's files relating to the Project, as prepared by the City, consultants to the City, or responsible or trustee agencies with respect to the City's compliance with the requirements of CEQA and with respect to the City's action on the Project; • All documents submitted to the City by other public agencies or members of the public in connection with the Project, up through the point in time in which formal action on the Project was taken by the City Council on November 1, 2004; • Any minutes and/or verbatim transcripts of all information sessions, public meetings, and public hearings held by the City in connection with the Project; • Any documentary or other evidence submitted to the City at such information sessions, public meetings and public hearings; • All resolutions adopted by the City regarding the Project, and all staff reports, analyses, and summaries related to the adoption of those resolutions; • Matters of common knowledge to the City, including, but not limited to Federal, State, and local laws and regulations; • Any documents cited and relied upon in the Draft EIR or Final EIR; • Any documents expressly cited in these findings, in addition to those cited above; and • Any other materials required for the record of proceedings by Public Resources Code section 21167.6, subdivision (e). (DEIR, pp. I-4, I-5.) The official custodian of the record is Linda Jackson, Community Development Department, Planning Division, City of San Rafael, P.O. Box 151560, San Rafael, CA 94915-1560 ?I VI. FINDINGS REOUIRED UNDER CEOA Public Resources Code section 21002 provides that "public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects[.]" (Emphasis added.) The same statute states that the procedures required by CEQA "are intended to assist public agencies in systematically identifying both the significant effects of projects and the feasible alternatives or feasible mitigation measures which will avoid or substantially lessen such significant effects." (Emphasis added.) Section 21002 goes on to state that "in the event [that] specific economic, social, or other conditions make infeasible such project alternatives or such mitigation measures, individual projects may be approved in spite of one or more significant effects thereof." The mandate and principles announced in Public Resources Code section 21002 are implemented, in part, through the requirement that agencies must adopt findings before approving projects for which EIRs are required. (See Pub. Resources Code, § 21081, subd. (a); CEQA Guidelines, § 15091, subd. (a).) For each significant environmental effect identified in an EIR for a project, the approving agency must issue a written finding reaching one or more of three permissible conclusions. The first such finding is that "[c]hanges or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR." (CEQA Guidelines, § 15091, subd. (a)(1).) The second permissible finding is that "[s]uch changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency." (CEQA Guidelines, § 15091, subd. (a)(2).) The third potential conclusion is that "[s]pecific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR." (CEQA Guidelines, § 15091, subd. (a)(3).) Public Resources Code section 21061.1 defines "feasible" to mean "capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors." CEQA Guidelines section 15364 adds another factor: "legal" considerations. (See also Citizens of Goleta Valley v. Board of Supervisors ("Goleta IT') (1990) 52 Cal.3d 553, 565.) The concept of "feasibility" also encompasses the question of whether a particular alternative or mitigation measure promotes the underlying goals and objectives of a project. (City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 410, 417.) "`[F]easibility' under CEQA encompasses `desirability' to the extent that desirability is based on a reasonable balancing of the relevant economic, environmental, social, and technological factors." (Id.; see also Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.AppAth 704, 715.) 22 The CEQA Guidelines do not define the difference between "avoiding" a significant environmental effect and merely "substantially lessening" such an effect. The City must therefore glean the meaning of these terms from the other contexts in which the terms are used. Public Resources Code section 21081, on which CEQA Guidelines section 15091 is based, uses the term "mitigate" rather than "substantially lessen." The CEQA Guidelines therefore equate "mitigating" with "substantially lessening." Such an understanding of the statutory term is consistent with the policies underlying CEQA, which include the policy that "public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects." (Pub. Resources Code, § 21002.) For purposes of these findings, the term "avoid" refers to the effectiveness of one or more mitigation measures to reduce an otherwise significant effect to a less than significant level. In contrast, the term "substantially lessen" refers to the effectiveness of such measure or measures to substantially reduce the severity of a significant effect, but not to reduce that effect to a less than significant level. These interpretations appear to be mandated by the holding in Laurel Hills Homeowners Association v. City Council (1978) 83 Cal.App.3d 515, 519-521, in which the Court of Appeal held that an agency had satisfied its obligation to substantially lessen or avoid significant effects by adopting numerous mitigation measures, not all of which rendered the significant impacts in question less than significant. Although CEQA Guidelines section 15091 requires only that approving agencies specify that a particular significant effect is "avoid[ed] or substantially lessen[ed]," these findings, for purposes of clarity, in each case will specify whether the effect in question has been reduced to a less than significant level, or has simply been substantially lessened but remains significant. Moreover, although section 15091, read literally, does not require findings to address environmental effects that an EIR identifies as merely "potentially significant," these findings will nevertheless fully account for all such effects identified in the Final EIR. CEQA requires that the lead agency adopt mitigation measures or alternatives, where feasible, to substantially lessen or avoid significant environmental impacts that would otherwise occur. Project modification or alternatives are not required, however, where such changes are infeasible or where the responsibility for modifying the project lies with some other agency. (CEQA Guidelines, § 15091, subds. (a), (b).) With respect to a project for which significant impacts are not avoided or substantially lessened, a public agency, after adopting proper findings, may nevertheless approve the project if the agency first adopts a statement of overriding considerations setting forth the specific reasons why the agency found that the project's "benefits" rendered "acceptable" its "unavoidable adverse environmental effects." (CEQA Guidelines, §§ 15093, 15043, subd. (b); see also Pub. Resources Code, § 21081, subd. (b).) The California Supreme Court has stated, "[t]he wisdom of approving ... any development project, a delicate task 23 which requires a balancing of interests, is necessarily left to the sound discretion of the local officials and their constituents who are responsible for such decisions. The law as we interpret and apply it simply requires that those decisions be informed, and therefore balanced." (Goleta H, 52 Cal.3d at p. 576.) These findings constitute the City's best efforts to set forth the evidentiary and policy bases for its decision to approve the Project in a manner consistent with the requirements of CEQA. To the extent that these findings conclude that various proposed mitigation measures outlined in the Final EIR are feasible and have not been modified, superseded or withdrawn, the City hereby binds itself to implement these measures. These findings, in other words, are not merely informational, but rather constitute a binding set of obligations that will come into effect when the City adopts a resolution approving the Project. VII. TIERING AND THE USE OF A PROGRAM EIR The San Rafael General Plan 2020 Draft EIR is considered a Program EIR as allowed by section 15168 of the CEQA Guidelines. (DEIR, p. I-3.) Program EIRs are typically prepared for an agency plan, program, or series of actions that can be characterized as one large project. Tiering refers to the concept of a multi-level approach to preparing environmental documents, typically starting with a Program EIR. (CEQA Guidelines, § 15152). The CEQA Guidelines require a State or local agency to prepare a Program EIR, rather than a Project EIR, when the lead agency proposes the following: • Series of related actions that are linked geographically; • Logical parts of a chain of contemplated events, rules, regulations, or plans that govern the conduct of a continuing program; or • Individual activities carried out under the same authorizing statutory or regulatory authority and having generally similar environmental effects that can be mitigated in similar ways. (CEQA Guidelines, § 15168, subd. (a).) In a Program EIR, CEQA allows the general analysis of broad environmental effects of the program with the acknowledgment that subsequent site-specific environmental review may be required for particular aspects of portions of the program at the time of project implementation. The Program EIR serves a valuable purpose as a first-tier environmental analysis. The Program EIR can be incorporated by reference into subsequently prepared environmental documents to address issues such as cumulative impacts and growth inducing impacts, allowing the subsequent documents to focus on new or site-specific impacts (CEQA Guidelines, § 15168, subd. (d)). Although the legally required contents of a Program EIR are the same as those of a Project EIR, in practice there are considerable differences in level of detail. Program 24 EIRs are typically more conceptual and abstract. They contain a more general discussion of impacts, alternatives, and mitigation measures. A Program EIR is considered advantageous for (a) its exhaustive consideration of effects and alternatives beyond the format typically set for an individual action, (b) its consideration of cumulative impacts, and (c) its broad effect on applicable policy during the early stages of the project, when the lead agency has more flexibility to deal with basic problems or cumulative impacts. The Program EIR identifies broad impacts and identifies mitigation measures that would need to be implemented with future tentative map applications. The Program EIR will help determine the need for subsequent environmental documentation. Parameters by which a lead agency can determine the need for additional environmental documentation are contained in the CEQA Guidelines. (See CEQA Guidelines, § § 15160 to 15170.) As tiering is defined, future site-specific projects might be able to use the impact conclusions drawn in this EIR without needing a new EIR. To qualify a project must: • be consistent with General Plan 2020 (projects requiring general plan amendments or rezoning cannot use tiering), • be consistent with applicable local land use plans and zoning for the area in which the future project is located, and • not trigger the need for a subsequent EIR or supplement to an EIR. (DEIR, p. I-3.) VIII. SIGNIFICANT EFFECTS AND MITIGATION MEASURES The Final EIR identified a number of significant and potentially significant environmental effects (or "impacts") that the Project will cause. Some of these significant effects can be fully avoided through the adoption of feasible mitigation measures. Other effects cannot be avoided by the adoption of feasible mitigation measures or alternatives, and thus will be significant and unavoidable. Some of these unavoidable significant effects can be substantially lessened by the adoption of feasible mitigation measures. Other significant, unavoidable effects cannot be substantially lessened or avoided. For reasons set forth in Section XIII, infra, however, the City has determined that the significant, unavoidable effects of the Project are outweighed by overriding economic, social, and other considerations. This section presents in greater detail the Council's findings with respect to the environmental effects of the Project. As discussed above, the EIR for the Project is considered a Program EIR. Pursuant to CEQA, a program EIR allows the general analysis of broad environmental effects of the program with the acknowledgment that subsequent site-specific environmental review may be required for particular aspects of portions of the program at the time of project implementation. (CEQA Guidelines, § 15168, subd. (d).) Therefore, the EIR identifies broad impacts and identifies mitigation measures that would need to be implemented with fixture tentative map applications. 25 A. LAND USE, POPULATION, EMPLOYMENT, AND HOUSING Impact IV.1-1: Conflict with Annlicable Land Use or Other Plans. Development under the Draft General Plan 2020 would not conflict with other adopted plans. This would be a less -than -significant impact. (DEIR, p. IV. 1-7). Finding: Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.) Mitigation Measure: None required. (DEIR, p. IV. 1-8). Explanation: Several land use and neighborhood plans have been adopted for areas within and surrounding the Planning Area. Implementation of General Plan 2020 could potentially result in a conflict with such an adopted land use plan, policy or regulation of an agency with jurisdiction over the Planning Area. Land use and environmental plans which apply to the San Rafael Planning Area include: • San Rafael Zoning Ordinance • Marin Countywide Plan • Marin County Zoning Ordinance • Montecito/Happy Valley Neighborhood Plan • Vision North San Rafael (DEIR, p. IV. 1-7.) • Northgate Activity Center Plan • Neighborhoods 13/14 Plan • East San Rafael Neighborhood Plan • Gerstle Park Neighborhood Plan • Peacock Gap Neighborhood Plan Conflicts with these plans and regulations would represent a significant impact. However, as described below, implementation of General Plan 2020 programs and policies identified below would reduce any potential impacts to a less -than -significant level. (DEIR, p. IV. 1-7.) No additional mitigation measures are required. San Rafael Zoning and Subdivision Ordinances — In certain circumstances, General Plan 2020 proposes new or altered land uses that would not be consistent with the land uses allowed by the current San Rafael Zoning and Subdivision Ordinance. In addition, a number of changes would be made concurrent with adoption of General Plan 2020, including allowing housing in commercial districts, which could result in potential 26 inconsistencies. Places of the biggest impact would be Medway/Vivian where light industrial uses would become nonconforming. However, General Plan 2020 also includes policies and programs, such as Program LU -24a, Zoning Ordinance Amendments; LU -24b, Subdivision Ordinance Amendments, and LU -24c, Live/Work Regulations which would amend the Zoning and Subdivision Ordinances, as well as the live/work regulations, in order to reduce or eliminate such inconsistencies. This would be a less -than -significant impact. (DEIR, pp. IV. 1-7 to IV. 1-8.) Marin County Zoning Ordinance and Countywide Plan — The Marin County General Plan covers all or portions of several neighborhoods within the Planning Area, including the Country Club, Bayside Acres, California Park, Sun Valley, Rafael Meadows, Santa Venetia, Lucas Valley, Marinwood, and Smith Ranch neighborhoods. The City has reviewed with County staff the Marin County Zoning Ordinance and the Countywide Plan for potential conflicts with General Plan 2020. The land use map is consistent with the Countywide Plan and zoning. In addition, Policy LU -7, Land Use Planning in Surrounding Jurisdictions; and Program LU -7a, Development Adjacent to San Rafael, in General Plan 2020 would reduce potential land use conflicts by monitoring development in and working with the surrounding jurisdictions. This would be a less -than -significant impact. (DEIR, p. IV. 1-8.) Neighborhood Plans — The previously adopted neighborhood plans for Montecito/Happy Valley, Gerstle Park, Peacock Gap, Northgate Activity Center, Neighborhoods 13/14, East San Rafael, and the Vision North San Rafael represent efforts by area residents and the City to address specific design, housing, economic, land use, and transportation issues relevant to each neighborhood. Adopted neighborhood plans were consolidated into the Neighborhoods Element in General Plan 2020. The scope of several neighborhood - specific policies was expanded to apply citywide; some outdated or already -implemented policies were not carried forward. The neighborhood plans have been reviewed and found to be consistent with the plan. This would be a less -than -significant impact. (DEIR, p. IV. 1-8.) Significance After Mitigation: Through implementation of General Plan 2020 programs and policies, potential impacts related to conflicting adjoining development would be less than significant without mitigation. Impact IV.1-2: Incompatible Land Uses and Changes to NeiLyhborhood Character. Development consistent with General Plan 2020 would result in changes in land use type, density, scale, and character in numerous City neighborhoods. Policies and programs in General Plan 2020 would reduce potential conflicts between new and existing uses, including design and traffic conflicts. This would be a less -than -significant impact. (DEIR, p. IV. 1-8.) 27 Finding: Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.) Mitigation Measure: None required. (DEIR, IV. 1-12.) Explanation: Under the Project, potential future development in the Northgate Town Center/Civic Center area, Medway Commercial area, Loch Lomond Marina, Lindaro Mixed Use Area, and the Marin Square area would result in the most significant changes. In many of these areas, General Plan 2020 would allow additional housing and retail in the community over existing conditions. Changes to these areas may include the introduction of new land uses, greater density, increased scale of existing and new development, and overall changes to neighborhood character which could potentially result in conflicting adjacent land uses or exceeding local transportation infrastructure capacities. However, numerous policies and programs in General Plan 2020 would reduce such potential conflicts through the use of design guidelines, and development review. These programs include: Program LU -la Five Year Growth Assessment; Policy LU -2 Development Timing; Program LU -3a project Selection Process; Policies H-23 Mixed Use, and NH -155 New Development and LU -14 Height Bonuses; Program LU -15a Land Use Compatability; Policies NH -62 Bicycle and Pedestrian Walkway, NH -63 Bus Pads, NH -64 Bike Path, NH -65 North San Rafael Promenade; Program MH -61b Safe Walkways; Policies H-22 Infill Near Transit and H-23 Mixed Use; Policy NH -152 Residential Use Near Civil Center Rail Stop; Policies NH -59 Design Considerations for Development in the Vicinity of the Civic Center, NH -60 Civic Center Expansion; Policies NH -135 North San Rafael Town Center, NH -136 Town Center Activities, NH -137 Northgate Mall, NH -138 Outdoor Gathering Places, NH -140 Design Excellence, NH -144 Pedestrian Scale, and NH -145 Mall Entrance; NH -139 Incentives; policies H-23 Mixed Use, and NH -155 New Development; Programs LU -14d Height Bonuses, LU -15a Land Use Compatibility, and EV -18c Land Inventory; Policy CD -11a Visual Compatibility. Each of these policies and programs is described on pages IV. 1-9 to IV. 1-12 of the DEIR. (DEIR, p. IV. 1-8 to IV 1- 12.) The owners of the Loch Lomond Marina property have recently submitted a development application for the site, which they have been preparing and discussing with the community for over a year. They have attempted to design the proposal in response to General Plan 2020 policies. (For additional information regarding the phased development at the Marina, please see FEIR, pages IX -19 to IX -21.) Given the focus on the Marina as a likely site for some redevelopment activity, General Plan 2020 includes a site-specific policy (policy NH -121) that contains more detailed criteria that, if adopted, a future development proposal would have to be evaluated against: i► NH -121. Loch Lomond Marina. Retain the Loch Lomond Marina uses, and enhance recreational use of the marina waterfront. Preserve and improve access to the marina and the water's edge as a welcoming place for the public to enjoy the boating activities and the waterfront. As the focal point of the site, the marina shall continue to be a distinct, accessible area. If the property owner proposes to redevelop the site, create a beautiful waterfront development that maximizes the site's location facing San Francisco Bay, consistent with the following guidelines and requirements: a. Land Use. Encourage a mixed-use development that includes all of the following land uses: ■ Marina and marina -support facilities, with boat berths, a public boat launch, day use boat trailer parking, a yacht club, boat retail and services, amenities for boaters, restaurant and shops, and parking. Sufficient dry boat storage to meet the needs of local residents should be retained. ■ Waterfront -oriented recreation along the marina, spits and breakwater. Recreational activities include picnicking, kite flying, walking, biking, fishing, bird watching, and enjoying the views. For example, bird watching and fishing opportunities should be enhanced. Access for fishing should be provided in a way that extends a welcome to visitors. ■ Neighborhood -serving commercial uses that meet the needs of residents and visitors in the area should be included for their convenience and for trip reduction. ■ Residential, with a mix of housing types, that meets design and housing objectives. To increase the affordability of market -rate units, a majority of the dwelling units on the property shall be attached housing and/or small single-family homes. The different types of housing should be integrated into one neighborhood, and should be designed to be compatible with the marina and recreational uses. Because of the limited area for marine uses on the site, residential use is not allowed in the Marine Related District. In order to accommodate the optimal site plan for the marina and housing, the land use district boundaries on the site shall be considered approximate and may be adjusted through the master plan for the Planned District zoning. b. Site Design. Achieve an extraordinary design in an innovative development that enhances the neighborhood, San Rafael, and the bayfront. New development should draw inspiration from the marina and waterfront, provide a community gathering place with neighborhood shopping and recreational opportunities, and include attractive housing, consistent with the following guidelines: 1. Views of the marina and waterfront should draw people into the site and retain their value to the surrounding community. ■ The view to the waterfront down the entryway into the site at the Lochinvar intersection is the major public view corridor. To enhance this corridor and to achieve an open, welcoming and inviting entrance to the marina, this corridor may include street right-of-way, open space and parking. Buildings adjacent to the view corridor should be lower scale, or incorporate larger setbacks or stepbacks of upper floors. ■ The frontage along Pt. San Pedro Road should be warm and welcoming, encouraging access through the site's principal entryway. ■ Buildings should be carefully sited and designed to enhance or minimize impacts to views of the Bay, the Marin Islands, wetlands and the marina. 2. Improved pedestrian and bicycle access through the site to the marina and breakwater should be part of the site's design. A recreational area along the waterfront should be included to differentiate the marina functions from the new neighborhood. This public area shall serve as a community -gathering place, and provide activities accessible to children and adults both in the immediate neighborhood and in the surrounding area. A play area with playground equipment suitable for preschool and elementary school ages, with a water play feature is recommended and an active recreational area, such as a sports court (i.e., bocce ball or volleyball) is desired. 29 4. The streets and alleyways should be designed for slow driving speeds, and there should be an enhanced transit stop on Pt. San Pedro Road. (FE1R, pp. IX -17 to IX -18 and IX -512 to IX -517.) With successful implementation of these programs and policies, this would be a less -than -significant impact. (DEIR, pp. IV.1-8 to N.1-12.) Significance After Mitigation: With successful implementation of General Plan 2020 policies and programs, potential impacts of development conflicts would be less than significant without mitigation. Impact IV.1-3: Growth and Concentration of Population. Development consistent with General Plan 2020 would not induce substantial growth and concentration of the City's population. This would be a less - than -significant impact. (DEIR, p. IV.1-12.) Finding: Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.) Mitigation Measure: None required. (DEIR, p. IV. 1-13.) Explanation: As of Census 2000 the San Rafael Planning Area had a population of 70,587. It is estimated that with a full buildout of the City as proposed in General Plan 2020, the Planning Area would have a population of 79,104. This would be a 12 percent increase over then next 16 years for a total of 8,517 additional residents. (DEIR, p. IV.1-12.) The County of Marin had a Census 2000 population of 247,289. The Planning Area population therefore represented 29 percent of the County population. Marin County estimates that in 2020 it will have a population of 275,500, an 11 percent increase. Therefore, in 2020, the Planning Area population would still represent 29 percent of the County population. Population growth in the Planning Area would be consistent with growth in Marin County. (DEIR, p. IV. 1-13.) The Census 2000 population for the nine Bay Area counties was 6,783,762. According to the Association of Bay Area Governments (ABAG) Projections 2003, the Bay Area is expected to have a population of 8,168,300 in the year 2020. This would represent a 20 percent increase. In 2000, the Planning Area represented one percent of the Bay Area O population. With development consistent with General Plan 2020 the Planning Area would represent 0.9 percent of the projected Bay Area population in the year 2020. Therefore, population growth in the Planning Area would be consistent with ABAG's regional projections. (DEIR, p. IV. 1-13.) ABAG's Projections 2003 projects a 2020 Planning Area population of only 76,000. This projected population is 3,104 less than the population projections for General Plan 2020. However, General Plan 2020 population projections are otherwise consistent with ABAG's regional projections and are consistent with growth in Marin County. (DEIR, p. IV.1-13.) Thus, while development consistent with General Plan 2020 would potentially induce some population growth in the Planning Area, such growth would not be considered substantial, particularly when placed in the regional context. Nor would such development represent a further concentration of population. This would be a less -than - significant impact. (DEIR, p. fV.1-13.) Population growth consistent with that projected for General Plan 2020 would result in secondary impacts related to public services and utilities. (DEIR, p. IV. 1-13). These impacts are described below under Section E. Public Services and Utilities. See also the discussion under Growth Inducing Impacts, Section IX below. Significance After Mitigation: Population growth consistent with that projected for General Plan 2020 would result in secondary impacts related to public services and utilities and would be less than significant without mitigation. Impact IV.1-4: Emvlovment Growth Rate. Development consistent with General Plan 2020 would add additional jobs to the Planning Area. This would be a less -than -significant impact. (DEIR, p. IV.1-13.) Finding: Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.) Mitigation Measure: None required. (DEIR, p. IV. 1-13.) 31 Explanation: Employment in the San Rafael Planning Area grew 14 percent from 1990 to 1998, or about 1.75 percent per year. That rate of growth is expected to decline as the City reaches complete buildout. From 1998 to 2020, employment is expected to grow only three percent, an annual growth rate of about 0.14 percent. This would not result in any direct significant impacts. Secondary impacts are described in Section IV.5 Public Services and Utilities of the DEIR. (DEIR, p. IV. 1-13.) Significance After Mitigation: The impact of additional jobs due to development would be less than significant without mitigation. Impact IV.1-5: Jobs -to -Housing Ratio. Development consistent with General Plan 2020 would slightly decrease the jobs -to -housing ratio. This would be a less -than -significant impact. (DEIR, p. IV.1-14.) Finding: Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.) Mitigation Measure: None required. (DEIR, p. IV. 1-14.) Explanation: The Planning Area's jobs -to -housing ratio is currently estimated (for 1998) at about 1.74 jobs per housing unit. Development consistent with General Plan 2020 would be expected to increase employment in the Planning Area to 47,394 and housing to 31,234, in the year 2020, which would result in a jobs -to -housing ratio of 1.52. This represents an improvement in the jobs -to -housing ratio, offering opportunities for more local workers to reside in the community, which has the potential to reduce future traffic generation. Secondary impacts related to traffic are described in the DEIR, Section IV.2 Transportation. The decrease in the jobs -to -housing ratio would not result in any direct significant impacts. (DEIR, p. IV. 1-14.) Significance After Mitigation: The decrease in the jobs -to -housing ratio would not result in any direct significant impacts and would be less than significant without mitigation. 32 Cumulative Land Use, Population, Emplovment, and HousinLy Impacts The cumulative development scenario for land use includes the development allowed under General Plan 2020. Development within the Planning Area would occur with the implementation of General Plan 2020. As the Planning Area and the surrounding cities and unincorporated areas develop, a greater intensification could result in cumulative land use compatibility impacts. However, implementation of General Plan 2020 would result in less -than -significant cumulative land use impacts. The population, employment, and housing analyses use data for the City as provided in the project description and analyzes these data in a regional context using data available from Association of Bay Area Governments (ABAG). Thus this analysis considers development implications on a regional level and encompasses cumulative impact considerations for the Planning Area. Development consistent with General Plan 2020 would result in 12,708 additional residents over the population in 1998 (8,517 since Census 2000), 5,104 additional households, and 1,812 additional jobs. As described in Section IY.1 Land Use, Population, Employment, and Housing development consistent with the Draft General Plan 2020 would have less than significant land use, population, employment and housing impacts. The proposed project's incremental effects on land use, population, employment and housing would not be cumulatively considerable. Finding: Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.) Mitigation Measure: None required. (FEIR, p. IX -649.) Significance After Mitigation: Cumulative land use, population, employment, and housing impacts would be less than significant, and the Project's incremental effects on land use, population, employment and housing would not be cumulatively considerable. (FEIR, p. IX -649.) B. TRANSPORTATION AND CIRCULATION Intersections 33 Impact IV.2-1: Level of Service at Intersections Improved to Acceptable Levels with General Plan 2020. Implementation of General Plan 2020 without improvements would result in unacceptable LOS at intersections. However, General Plan 2020 improvements would result in acceptable LOS at these intersections. Therefore, this would be a less -than -significant impact. (DEIR, p. IV.2-25.) Finding: Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.) Mitigation Measure: None required. (DEIR, p. IV.2-30.) Explanation: For unsignalized intersections, impacts are considered significant if the intersection: ■ with baseline traffic volumes is operating at an acceptable LOS (LOS A, B, C, D, or E) and deteriorates to an unacceptable operation (LOS F), or ■ with baseline traffic volumes is already operating at LOS F and there is an increase in the delay of five seconds or more. (DEIR, p. IV.2-25.) For signalized intersections, the citywide standard is LOS D. The standard is LOS F at the intersection of Mission Avenue and Irwin. The standard is LOS E at the following locations: ■ Downtown ■ Irwin and Grand Avenue between Second Street and Mission Avenue ■ Andersen and West Francisco ■ Andersen and Bellam ■ Freitas at Civic Center/Redwood Highway ■ Merrydale at Civic Center Drive (DEIR, p. IV.2-25.) Some of the intersections listed in DEIR Exhibit IV.2-12 would operate at unacceptable LOS under both AM and PM peak hour conditions. Some intersections would operate at unacceptable LOS under only one peak hour. DEIR Exhibit IV.2-13 lists intersections and peak hours that would experience unacceptable LOS under General Plan 2020 conditions without improvements, but would be changed to an acceptable LOS with 34 General Plan 2020 improvements. (DEIR, p. IV.2-25.) The improvements are described in Exhibits IV.2-12 to IV.2-14 of the DEIR. With implementation of the improvements listed in Exhibit IV.2-14, LOS at the intersections and peak hours listed in Exhibit IV.2-13 would be acceptable. Therefore, with implementation of the improvements, the impact would be considered less -than - significant. Impacts associated with the LOS at Second Street and A Street, Third Street and Union Street, Lincoln Avenue and US 101, and Mission Avenue and Irwin Street are addressed separately in Impacts IV.2-2 to 5, below. (DEIR, p. IV.2-26.) Implementation of the improvements listed in Exhibit IV.2-14 are anticipated to occur during the planning period. If implemented in conjunction with anticipated development, LOS at the 21 combinations of intersections and peak hours listed above would be acceptable. Therefore, with implementation of the improvements, the impact would be considered less -than -significant. (DEIR, p. IV.2-26.) Implementation of the proposed improvements is considered feasible based on anticipated funding sources from transportation mitigation fees, State and Federal grants, and local funding, past successes in accomplishing planned transportation improvements, and General Plan 2020 policies LU -2 Development Timing and C-6 Proposed Improvements, which require the installation of improvements concurrent or prior to approval of new development projects which are dependent upon the improvements to retain acceptable LOS. (DEIR, p. IV.2-26.) The City was successful in implementing most of the transportation improvements called for in General Plan 2000. These improvements were estimated in 1986 to cost approximately $35 million. Inflated to present values, this would equate to approximately $55.7 million in improvements in year 2004 dollars. Between 1988 and the present, approximately $30 million in transportation improvements were made, including the extension of Andersen Drive, the Merrydale/1 0 1 Overcrossing, the connection of Lincoln Avenue and Ranchitos Road, and improvements at the Civic Center/N. San Pedro Road intersection. Approximately half of the $30 million in funding came from traffic mitigation fees and developer contributions from new development projects and half from the Redevelopment Agency and from federal and state transportation funds. (DEIR, pp IV.2-26 to IV.2-27.) Nearly $58 million in improvements would be needed to maintain desired LOS. Of this amount, $38.6 million is anticipated from traffic mitigation fees, the rate of which will be increased in conjunction with adoption of the new General Plan. The remaining $19.3 million is anticipated from Redevelopment Agency and from federal and state funds. In addition, the City's traffic mitigation fee account currently has a balance of almost $9 million. A reduction in previous level of Federal and State funding is anticipated due to budget constraints. At present, the State Transportation Improvement Program (STIP) funds are programmed through the year 2009; STIP funding for additional projects would be available after 2009. (DEIR, p. IV.2-29; as shown in City Council Resolution adopting General Plan 2020, updated Exhibit 19). 35 The timing of implementation of anticipated transportation improvements is critical to retain acceptable LOS. Many improvements would not be required unless anticipated development in the vicinity occurs. General Plan 2020 Policy LU -2, Development Timing, would preclude the approval of new development projects that would require transportation improvements to retain desired LOS unless the transportation improvement has committed funding and the environmental review process for the improvement has been completed. This policy would assure that development would not occur in advance of anticipated transportation improvements with a resulting deterioration in LOS beyond acceptable levels of congestion. In addition, policy LU -3, Project Selection Process, expands on the current Priority Project Procedure, which provides a system for the City to prioritize development projects where traffic capacity is limited. The process presently applies only in North and East San Rafael; a major component of the new policy and implementing program is to include development in Downtown and central San Rafael in the evaluation process. (DEIR, pp IV.2-29 to IV.2-30.) Significance After Mitigation: Through implementation of General Plan 2020 policies and programs, improvements would result in acceptable LOS at these intersections and would be less than significant without mitigation. Impact IV.2-2: Level of Service at Second Street and A Street with General Plan 2020. Implementation of General Plan 2020 without General Plan 2020 improvements would result in LOS F in the AM and PM at this intersection, and with General Plan 2020 improvements would result in LOS C in the AM, and LOS E in the PM at this intersection. This would be a less -than - significant impact. (DEIR, p. IV.2-30.) Finding: Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.) Mitigation Measure: None required. (DEIR, p. IV.2-30.) Explanation: The intersection of Second and A Streets is one of two intersections operating at LOS F in the AM and PM peak hours in baseline operations. This intersection would also operate at LOS F in the AM and PM peak hours in General Plan 2020 without planned 36 circulation improvements. General Plan 2020 improvements would result in acceptable LOS. (DEIR, p. IV.2-30.) As described above in Impact IV.2-1, General Plan 2020 policy LU -2, Development Timing, precludes the approval of new development projects that require transportation improvements to retain desired LOS, unless the transportation improvement has committed funding and the environmental review process for the improvement has been completed. This policy assures that development will not occur in advance of anticipated transportation improvements with a resulting deterioration in LOS beyond acceptable levels of congestion. With implementation of General Plan 2020 improvements, the delay would be less than under Baseline conditions, and result in LOS C (AM) and LOS E (PM) at this intersection. General Plan 2020 Policy C-5 defines LOS E as acceptable in the Downtown area, which includes the intersection of Second Street and A Street. Therefore, this is considered a less -than -significant impact. (DEIR, p. 1V.2-30; for an additional discussion of policy C-5, please see pages IX -12 to IX -13 of the FEIR.) Significance After Mitigation: General Plan 2020 Policy C-5 defines LOS E as acceptable in the Downtown area, which includes the intersection of Second Street and A Street. Therefore, this is considered a less -than -significant impact. Impact IV.2-3: Level of Service at Third Street and Union Street from General Plan 2020. Implementation of General Plan 2020 would result in increased delay, and degradation in intersection LOS. Intersection LOS would change from acceptable LOS under Baseline conditions to unacceptable LOS under the proposed project. This would be a significant impact. (DEIR, p. IV.2-30.) Finding: No mitigation is available to render the effects less than significant. The effects therefore remain significant and unavoidable. Mitigation Measure: IV. 2-3: There are no additional feasible mitigation measures that would further reduce this impact. (DEIR, p. IV.2-31.) Explanation: The intersection of Third Street and Union Street would, during the PM peak hour, operate at LOS D under Baseline conditions and General Plan 2020 conditions without 37 General Plan 2020 improvements. With implementation of General Plan 2020 improvements, traffic operations at this intersection would degrade to an unacceptable LOS E during the PM peak hour. Improvements at this intersection include: two northbound left turn lanes, a left turn lane pocket into Whole Foods Market, a new westbound right turn pocket, the extension of east bound and westbound left turn pockets, sidewalk on the east side of the Montecito Shopping Center entryway, and an increase in the signal cycle time for pedestrians. LOS E would be experienced by north/southbound (Union Street) traffic, and not by east/west bound traffic on Third Street. The unacceptable traffic operations are a result of safety improvements to the intersection, especially the increase in the signal cycle time for pedestrian crossings. The increase in signal cycle time increases the average delay experienced by vehicles traveling through the intersection by increasing the length of the red light phase. (DEIR, pp. IV.2-30 to N.2-31.) Policy C-4, Safe Roadway Design, allows LOS standards to be exceeded for safety considerations. Decreasing the signal cycle length would improve traffic operations. However, this mitigation would potentially impair pedestrian safety at this intersection. Thus, this impact is determined to be significant and unavoidable. (DEIR, p. IV.2-31.) The City found that, when promoting pedestrian and bicycle modes and mixed use development, (policies intended to preserve the neighborhoods and reduce car traffic), certain improvements are needed to ensure public safety. For example, the Public Works Department is designing roadway improvements at Third and Union to improve pedestrian safety and traffic flow. Some roadway improvements to improve bicycle and pedestrian access and/or safety could cause an intersection LOS to decline below the LOS standard. Using the same example, the intersection LOS at Third and Union is projected to decline to LOS E, in part because of the high number of pedestrians crossing Third Street and the need to provide longer intersection timing for pedestrian crossings. Policy C-4 would apply in this situation, as the City Council would need to exempt the intersection from LOS standards and approve the intersection capital project, since the improvements are needed to improve the safety of pedestrians, as well as to improve traffic flow for cars turning into Union or out of Montecito Shopping Center. However, the intent of the policy is not to exempt such an intersection from any LOS standards. An implementation program has been added so that an appropriate LOS standard would be set when Council makes an exemption pursuant to this policy. Regarding the pedestrian overcrossing option, the cost due to ADA requirements (an elevator would be needed for handicapped access) is prohibitive compared with the planned intersection improvements. Additionally, an overcrossing would not improve the current delays out of Montecito Shopping Center and turning left onto Union Street, No Changes Recommended. (FEIR, p. IX -548 to IX -549.) 38 Significance After Mitigation: Policy C-4, Safe Roadway Design, allows LOS standards to be exceeded for safety considerations. Mitigation to reduce signal delay time, such as decreasing the signal cycle length, would impair pedestrian safety at this intersection. This impact remains significant and unavoidable. (DEIR, p. IV.2-31.) Impact IV.2-4: Level of Service at Lincoln Avenue and US 101 Southbound Ramps with General Plan 2020. Implementation of General Plan 2020 would result in increased traffic volumes, delay, and degrade intersection LOS. General Plan 2020 would result in a change in intersection LOS for the PM peak hour from E under Baseline conditions to LOS F under the proposed project. This would be a significant impact. (DEIR, p. IV.2-31.) Finding: No mitigation is available to render the effects less than significant. The effects therefore remain significant and unavoidable. Mitigation Measure: IV.2-4: There are no additional feasible mitigation measures that would further reduce this impact. (DEIR, p. IV.2-31.) Explanation: Lincoln Avenue is a major roadway and is San Rafael's local north/south connector between Central and North San Rafael, and an alternative to Highway 101. The roadway carries between 13,000 and 24,000 vehicles per day between the southbound 101 offramp and Hammondale and Second Street. (FE1R, p. IX -543.) The intersection of Lincoln Avenue and US 101 Southbound Ramps would operate at LOS F in the PM peak hour under General Plan 2020 conditions, even with General Plan 2020 improvements. General Plan 2020 Policy C-5, Traffic Level of Service Standards, would exempt freeway ramp intersections from the LOS standard because delay at these locations is affected by regional traffic and not local measures. However, exempting this intersection from LOS standards as a matter of policy is not considered to reduce the impact to a less - than -significant level. This impact would therefore be considered significant. (DEIR, p. IV.2-31; for an additional discussion of policy C-5, please see pages IX -12 to IX -13 of the FEIR.) we The City has examined possible mitigation measures to reduce this impact and has determined that, in order to improve operations and the LOS at the ramps, the City would have to widen the southbound approach to provide two southbound left turn lanes and two through lanes, widen the northbound approach to provide two northbound through lanes, and widen the on-ramp to provide two lanes for an adequate merge area. However, the improvements would require substantial right-of-way acquisition and roadway widening, particularly to meet geometric requirements for adequate merge/diverge area on 101. The costs of reconfiguring the intersection would be substantial, as would be the impacts of eliminating land uses to accommodate roadway widening. Furthermore, the City does not have a policy that would support eliminating existing land uses to accommodate right-of- way acquisition for freeway improvements. Thus, the potential mitigations are determined to be infeasible. For these reasons, this impact is determined to be significant and unavoidable. (DEIR, p. IV.2-31; for additional discussion, please see page IX -558 of the FEIR.) Significance After Mitigation: Significant and unavoidable. (DEIR, p. IV.2-31.) Impact IV.2-5: Level of Service at Mission Avenue and Irwin Street with General Plan 2020. Implementation of General Plan 2020 would result in increased traffic volumes and delay at this intersection; the intersection would continue to operate at LOS F with additional delay. This would be a significant impact. (DEIR, p. IV.2-32.) Finding: No mitigation is available to render the effects less than significant. The effects therefore remain significant and unavoidable. Mitigation Measure: IV.2-5: There are no additional feasible mitigation measures that would further reduce this impact. (DEIR, p. IV.2-32.) Explanation: The intersection of Mission Avenue and Irwin Street would operate at LOS F during the PM peak hour under Baseline conditions and under General Plan 2020 conditions, with or without General Plan 2020 improvements. PM peak hour delay increases from 98.9 seconds in Baseline to 107.6 seconds for 2020 without improvements, and 114.4 seconds for 2020 with improvements. The increased delay with improvements is due to planned 40 systemwide operations improvements in signal timing. When traffic operations are improved systemwide, individual approaches to intersections may be impacted, and an intersection LOS degraded. The planned systemwide improvements Downtown would impact certain approaches to the Mission and Irwin intersection. As noted in the Significance Criteria section, LOS F is the standard at this intersection, and Draft General Plan 2020 policy C-5 would exempt freeway ramp intersections from the LOS standard because delay at these locations is affected by regional traffic and not local measures. However, exempting this intersection from LOS standards as a matter of policy is not considered to reduce the impact to a less -than -significant level. This impact is therefore considered significant. (DEIR, p. IV.2-32; for an additional discussion of policy C-5, please see pages IX -12 to IX -13 of the FEIR.) The City has examined possible mitigation measures to reduce this impact and has determined that, in order to improve operations and the LOS at the ramp, the City would have to widen Mission Avenue to provide an additional eastbound left turn lane (for two eastbound left turn lanes), widen Irwin to provide an additional through lane onto 101 (for three through lanes) and retain one right/through lane, and widen the on-ramp to three lanes with an extension of one of the lanes to provide adequate merge area. However, the improvements would required modifying the 101 viaduct's support structure on Mission Avenue, acquisition of right-of-way along Belle and Mission and Irwin, demolition of existing buildings at the intersection, and relocation of the sound wall further east. The costs of modifying the 101 viaduct would be substantial, as would be the costs of acquiring the right-of-way along Belle, Mission and Irwin. In addition, the City does not have a policy that would support eliminating existing land uses to accommodate right-of-way acquisition for freeway improvements. Thus the potential mitigations are determined to be infeasible. For these reasons, this impact is determined to be significant and unavoidable. (DEIR, p. IV.2-32.) Significance After Mitigation: Significant and unavoidable. (DEIR, p. IV.2-32.) City Roadway Segments Impact IV.2-6: Unacceptable Citv Roadwav Seement Level of Service Resulting from General Plan 2020. Implementation of General Plan 2020 would result in LOS on some City roadway segments degrading from acceptable to unacceptable LOS. This degradation would occur despite implementation of improvements included in General Plan 2020. Therefore, this would be considered a significant impact. (DEIR, p. N.2-33.) Finding: 41 No mitigation is available to render the effects less than significant. The effects therefore remain significant and unavoidable. Mitigation Measure: IV. 2-6: There are no additional feasible mitigation measures that would further reduce this impact. (DEIR, p. IV.2-34.) Explanation: Implementation of General Plan 2020 would result in traffic operations on A Street and on Freitas Parkway degrading from acceptable LOS under Baseline conditions to unacceptable LOS under General Plan 2020. (DEIR, p. IV.2-33.) The unacceptable traffic operations would occur even with implementation of improvements included in General Plan 2020. According to significance thresholds described in the Significance Criteria section, this degradation from acceptable to unacceptable conditions is considered a significant impact. (DEIR, p. IV.2-33.) The City has considered various possible additional mitigations to reduce these impacts and has determined that, in order to improve operations and reduce LOS at on these segments, the City would have to widen A Street to provide an additional lane or, alternatively, modify signal timing, and widen Freitas Parkway and overpass and realign the 101 southbound and northbound on- and offramps. Widening A Street would require extremely expensive right-of-way acquisition, due to the development pattern of buildings close to the street. In addition, the impacts of losing the land uses in Downtown would be substantial. Changing the traffic signal coordination to improve operations on A Street would result in not meeting the City's policy to maintain the LOS standard for Second and Third Streets in Marin County Congestion Management Agency's Congestion Management Plan. The expansion of Freitas and redesign of the Freitas interchange would require right-of-way acquisition on Freitas between Las Gallinas and Del Presidio and modifications to North San Rafael's main storm drainage way along Freitas. In addition, because of the original design of the Freitas interchange, reconfiguration would be extremely challenging and expensive. Therefore, the potential mitigations are determined to be infeasible. For these reasons, this impact is determined to be significant and unavoidable. (DEIR, p. IV.2-33.) Significance After Mitigation: Significant and unavoidable. (DEIR, p. IV.2-34.) 42 Imr)act IV.2-7: Citv Roadwav SeEment Level of Service Resultine from General Plan 2020. Implementation of General Plan 2020 would result in the continuation of traffic operations at LOS E or F on some City roadway segments. However, implementation of General Plan 2020 would not worsen traffic operations to the point of exceeding significance thresholds. Therefore, this would be a less -than -significant impact. (DEIR, p. IV.2-34.) Finding: Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.) Mitigation Measure: None required. (DEIR, p. IV.2-35.) Explanation: There are roadway segments that would continue to operate at LOS E or F. However, these segments do not exceed the significance thresholds of either a decline from an acceptable LOS to an unacceptable LOS, or for a segment already operating at an unacceptable LOS a decrease in travel speeds of five miles per hour or more. (DEIR, p. IV.2-34.) For seven roadway segments that would operate at LOS E or F in baseline, implementation of General Plan 2020 would result in both the AM peak hour and PM peak hour traffic operations improving (i.e., vehicle speed increasing) or staying the same. For six roadway segments that would operate at LOS E or F in baseline, implementation of General Plan 2020 would result in traffic operations improving during one of the two peak hours. (DEIR, p. IV.2-34.) For seven segments, implementation of General Plan 2020 would result in an improvement or no degradation in traffic operation. For the six segments where the implementation of General Plan 2020 would result in a degradation of traffic operations (i.e., a decrease in vehicle speed), the decrease in vehicle speed does not exceed the significance threshold of five miles per hour described in the Significance Criteria section. Because implementation of General Plan 2020 does not result in an unacceptable impact, this would be a less -than -significant impact. (DEIR, p. IV.2-34.) 43 Implementation of General Plan 2020 would result in both the AM peak hour and PM peak hour traffic operations degrading (i.e., vehicle speed decreasing), compared to Baseline conditions on the following serrients: ■ Southbound A Street between 4` and 2"a ■ Southbound B Street between 5`h and 2"a The decrease in vehicle speed on these two roadway segments does not exceed the significance threshold of five miles per hour described in the Significance Criteria section. (DEIR, p. IV.2-35.) Because implementation of General Plan 2020 would result in an overall improvement in traffic operations on these roadway segments during one or both of the two peak hours, with the exception of two segments in Downtown where the decrease in miles per hour is 2.5 or less, and the decrease in vehicle speed on the following roadway segments would not exceed the significance threshold, this would be a less -than -significant impact. (DEIR, p. IV.2-35.) Significance After Mitigation: Less than significant without mitigation. (DEIR, p. IV.2-34.) Impact IV.2-8: Congestion Management Agency Arterial Levels of Service. Implementation of the project would result in increased traffic volumes, delay, and a minor decrease in LOS along some arterials for which the Congestion Management Agency has established LOS standards. This would be a less -than -significant impact. (DEIR, p. IV.2-35.) Finding: Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.) Mitigation Measure: None required. (DEIR, p. IV.2-35.) Explanation: The CMA is responsible for setting standards and thresholds for the Second, Third, and Fourth Street arterials. The CMA has selected LOS D as the standard for urban and suburban arterials. Portions of Second Street, Third Street, and Fourth Street were analyzed using CMA LOS methods; LOS on these roadways is presented in DEIR 44 Exhibit IV.2-17. It should be noted that the LOS shown for these roadways differs from the results presented in DEIR Exhibit 1V.2-15 because different LOS analysis methods and different criteria (i.e., vehicle speed versus V/C ratios) are used. All of the roadways shown in DEIR Exhibit IV.2-17 have baseline and Draft General Plan 2020 operations (including improvements) at LOS C or better. Therefore, this would be a less -than - significant impact. (DEIR, p. IV.2-35; see p. IX -569 to IX -571 of the FE1R for Exhibit 19 showing major planned circulation improvements.) Significance After Mitigation: Through implementation of General Plan 2020, these impacts would be less than significant without mitigation. Freewav Facilities IV.2-9: Level of Service along US 101 and I-580 Mainlines Resulting from General Plan 2020. Implementation of General Plan 2020 would cause some freeway segments to deteriorate below LOS E. This would be a significant project specific impact. This would also be a significant cumulative impact. (DEIR, p. IV.2-38.) Finding: No mitigation is available to render the effects less than significant. The effects therefore remain significant and unavoidable. Mitigation Measure: IV.2-9: There are no additional feasible mitigation measures that would further reduce this impact. (DEIR, p. IV.2-40.) Explanation: Changes in LOS from acceptable E or better to unacceptable LOS F, or for segments at LOS F in baseline changes resulting in an increase in the V/C of 0.01 or more would be considered a significant impact. (DEIR, p. IV.2-38.) DEIR Exhibit N.2-18 indicates that: ■ Northbound US 101 north of Miller Creek during the PM peak hour would change from acceptable LOS D under existing conditions to LOS F with implementation of General Plan 2020. 45 ■ Eastbound I-580 at the Richmond Bridge during the PM peak hour would change from acceptable LOS D under existing conditions to LOS F with implementation of General Plan 2020. ■ Westbound I-580 at the Richmond Bridge during the AM peak hour would change from acceptable LOS D under existing conditions to LOS F with implementation of General Plan 2020. ■ Westbound I-580 to northbound US 101 at the interchange would remain at LOS F in the AM and PM peak hours under General Plan 2020 conditions, with an increase in V/C for both AM and PM. (DEIR, p. IV.2-38.) The increase in commute traffic is consistent with recent findings by the CMA. Between 1999 and 2002, the average daily traffic on the Richmond Bridge has increased ten percent. Of morning commuters from the East Bay, 76 percent are destined for Marin County, and 24 percent go on to Sonoma County. Over half (57 percent in the AM commute, and 52 percent in the PM commute) of the traffic on the freeways is generated or ended outside of San Rafael, for example, by people who live in Novato and work in San Rafael. In 2002, a Marin County congestion monitoring report determined that 29 percent of Marin's highways experienced moderate congestion, and ten percent experienced severe congestion, depending on the segment. (DEIR, p. IV.2-38.) The CMA "grandfathered" US 101 and I-580 at LOS F facilities, and has completed a multimodal plan to increase the management of the demand for many of these segments. This analysis of change in LOS includes increases in traffic due to development under General Plan 2020 as well increases in traffic due to development throughout the Bay Area. Traffic due to development as a result of General Plan 2020 would represent between 0.0 percent and 3.6 percent of the traffic volume in 2020 conditions. In some of the highway sections, this increase alone would represent a significant project specific impact. When this increase is considered along with development throughout the Bay Area, this would represent a significant cumulative impact. Implementation of General Plan 2020 would make a cumulatively considerable contribution to the cumulative impact. (DEIR, p. IV.2-40.) The analysis of future conditions on freeway facilities assumes the Marin 101 Gap Closure Project. Improvements beyond the Gap Closure Project would be needed to reduce the impact to a less -than -significant level. The City has examined possible mitigation measures to reduce this impact and has determined that, in order to improve operations and reduce LOS, the US 101/1-580 interchange would have to be redesigned with a reconfiguration to include additional lanes and longer merge areas and/or a flyover. In addition, US 101 would have to be expanded with additional north bound and southbound lanes on US 101. Impacts from interchange reconfiguration and additional freeway expansion would be considerable because a wider right-of-way beyond that already achieved for the Gap Closure Project would result in demolition of land uses (such as auto dealerships, furniture/home and computer sales, etc.) essential to the well being of the local economy and City finances. These potential mitigations would require M extensive design and environmental work, as well as funding for land acquisition and construction of significant new infrastructure. Completing the design work, securing the funding and building the project within the timeframe of the plan is not likely. Therefore, this impact is determined to be significant and unavoidable. (DEIR, p. IV.2-40.) Significance After Mitigation: Significant and unavoidable. (DEIR, p. IV.2-40.) Impact IV.2-10: Level of Service on Freewav Off -ramps Resulting from General Plan 2020. Implementation of General Plan 2020 would cause some queues on freeway off -ramps to extend into the ramp's deceleration area or onto the freeway, or to exceed existing lane storage. This would be a less -than -significant impact. (DEIR, p. IV.2-40.) Finding: Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.) Mitigation Measure: None required. (DEIR, p. IV.2-41.) Explanation: According to significance thresholds described in the Significance Thresholds section, changes that extend vehicle queues on the off -ramp deceleration area or onto the freeway, or that result in a vehicle queue exceeding existing lane storage would be considered a significant impact. (DEIR, p. IV.2-40.) None of the queues at the freeway off -ramps would exceed the threshold. Exhibit VHl.3- 6 shows that vehicle queue exceeds existing lane storage at two off -ramps: ■ US 101 northbound at Second and Irwin ■ I-580 eastbound/US 101 northbound at Bellam (DEIR, p. IV.2-41.) The off -ramp approach analysis indicates that the approach vehicle queue would remain within the off -ramp boundaries and not encroach into the deceleration lane on the freeway. Thus, both of these queues would operate at acceptable levels, and mitigation would not be required. This impact would be less -than -significant. (DEIR, p. IV.2-41.) 47 Significance After Mitigation: The off -ramp approach analysis indicates that the approach vehicle queue would remain within the off -ramp boundaries and not encroach into the deceleration lane on the freeway and would be less than significant without mitigation. (DEIR, p. IV.2-41.) Parking Facilities Impact IV.2-11: Removal of On -Street Parking Spaces along Las Gallinas Avenue. Implementation of the proposed land uses in General Plan 2020 would result in increased traffic volumes, delay, and a decrease in intersection LOS. Improvements would be needed to intersections. Some improvements include the removal of on -street parking spaces to accommodate an additional travel lane to provide more capacity for traffic. These improvements have been included as part of the proposed project. The removal of on -street parking spaces would be a less -than -significant impact. (DEIR, p. IV.2-41.) Finding: Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.) Mitigation Measure: None required. (DEIR, p. IV.2-41). Explanation: As noted in the Significance Thresholds Section to the DEIR, the project would be considered to have a significant impact if it "caused a substantial reduction in availability of on -street parking, either through removal or through increased demand for existing on - street parking." With implementation of the Project, on -street parking spaces would be removed from Las Gallinas Avenue between Los Ranchitos Road and Northgate Drive. The City's Public Works Department estimates that approximately ten spaces would be lost. On-site surveys by Public Works reveal that these parking spaces are generally vacant during the peak. Therefore, General Plan 2020 would not be considered to cause a substantial reduction in the availability of on -street parking, and this impact would be less -than -significant. (DEIR, p. IV.2-41.) W. Significance After Mitigation: Implementation of Draft General Plan 2020 polices and programs would not be considered to cause a substantial reduction in the availability of on -street parking and would be less than significant without mitigation. (DEIR, p. IV.2-41.) Impact IV.2-12: Removal of On -Street Parkine Spaces alone Grand Avenue. Implementation of the proposed land uses in General Plan 2020 would result in increased traffic volumes, delay, and a decrease in intersection LOS. Improvements would be needed to intersections. Some improvements include the removal of on -street parking spaces during the peak period to accommodate additional turn lanes and travel lanes, which would provide more capacity for the increase traffic volumes. These improvements have been included as part of the proposed project. The removal of on -street parking spaces would be a less -than -significant impact. (DEIR, p. IV.2-41.) Finding: Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.) Mitigation Measure: None required. (DEIR, p. IV.2-42.) Explanation: As noted in the Significance Thresholds Section to the DEIR, the project would be considered to have a significant impact if it "caused a substantial reduction in availability of on -street parking, either through removal or through increased demand for existing on - street parking." With implementation of the Project, on -street parking spaces would be removed from Grand Avenue between Third Street and Mission Avenue. Removal of on - street parking would be needed to accommodate intersection turn lanes. Parking removed to accommodate signalization would be permanently removed. Also, during the PM peak period, parking restrictions would be needed to accommodate an extra travel lane in each direction. Land uses in the vicinity of these parking restrictions are generally commercial uses. Removal of parking during the AM peak period would not affect many vehicles, as most businesses are not open. A survey of parking along Grand Avenue indicates that during the PM peak period, enough on -street parking exists along side streets and within off-street parking lots to accommodate the lost on -street parking spaces. Therefore, General Plan 2020 would not be considered to cause a substantial reduction in the availability of on -street parking, and this impact would be less -than - significant. (DEIR, pp. IV.241 to IV.2-42.) 49 Significance After Mitigation: Implementation of General Plan 2020 programs and policies would not be considered to cause a substantial reduction in the availability of on -street parking and would be less than significant without mitigation. (DEIR, pp. IV.2-41 to IV.2-42.) Impact IV.2-13: Removal of On -Street Parking Spaces along Lincoln Avenue. Implementation of the proposed land uses in General Plan 2020 would result in increased traffic volumes, delay, and a decrease in intersection LOS. Improvements would be needed to intersections. Some improvements include the removal of on -street parking spaces during the peak period to accommodate an additional travel lane, which would provide more capacity for the increase traffic volumes. These improvements have been included as part of the proposed project. The removal of on -street parking spaces would be a significant impact. (DEIR, p. IV.2-42.) Finding: No mitigation is available to render the effects less than significant. The effects therefore remain significant and unavoidable. Mitigation Measure: IV.2-13: There are no feasible mitigation measures that would further reduce this impact. (DEIR, p. IV.2-42.) Explanation: As noted in the Significance Thresholds Section to the DEIR, the project would be considered to have a significant impact if it "caused a substantial reduction in availability of on -street parking, either through removal or through increased demand for existing on - street parking." With implementation of the Project, on -street parking spaces would be restricted on the west side of Lincoln Avenue (southbound) during the AM peak hour, and both sides of Lincoln Avenue during the PM peak hour. Removal of on -street parking is needed to accommodate an extra travel lane in each direction during the peak periods. Land uses in the vicinity of these parking restrictions are generally residential in the northern section and commercial uses in the southern section. (DEIR, p. IV.2-42.) A survey of parking along Lincoln Avenue indicates that, currently, on -street parking spaces are heavily -occupied. Removal of on -street parking would be needed to maintain acceptable LOS at nearby intersections. Not removing the parking and, therefore, not adding a travel lane would result in LOS F operations along Lincoln Avenue as an arterial, and LOS at intersections along Lincoln Avenue. Because on -street parking 50 spaces are heavily occupied, removal of on -street parking associated with General Plan 2020 would be considered to cause a substantial reduction in the availability of on -street parking, and is considered a significant impact. (DEIR, p. IV.2-42.) Available on -street parking on the nearby side streets would not compensate for the amount of on -street parking that would be lost on Lincoln Avenue. Construction of off- street parking facilities would be needed to replace on -street parking spaces. This would probably involve the replacement of existing land uses with the new parking facilities. Alternatively, removal of land uses along Lincoln Avenue would be needed to widen Lincoln Avenue without removing on -street parking. Either replacing existing land uses with parking facilities or removing residential uses to provide a parking lane along Lincoln would be significant impacts. Therefore, this impact is considered significant and unavoidable. (DEIR, p. IV.2-42.) Significance After Mitigation Significant and unavoidable. (DEIR, p. IV.2-43.) Impact IV.2-14: Parking in Newlv-Develoaed Areas Citvwide. Implementation of the proposed land uses in General Plan 2020 would result in new land use development. This development would result in the demand for additional parking supply. However, the zoning code would require adequate new parking for new development. This would be a less-tl:an- signifccant impact. (DEIR, p. 1V.2-43.) Finding: Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.) Mitigation Measure: None required. (DEIR, p. IV.2-43.) Explanation: As noted in the Significance Thresholds, the project would be considered to have a significant impact if it "caused a demand for parking that would be substantially greater than the planned parking supply." With implementation of General Plan 2020, new land use development would occur at various locations in the City. The new land use development, whether it is residential or non-residential, would generate demand for additional parking supply. The City's zoning code contains requirements for parking supply, which would apply to the new development. The zoning code requires an amount of new parking supply considered adequate to meet the additional demand. Policy NH - 51 134 requires that all new residential developments provide for attractive and adequate off-street parking. Therefore, General Plan 2020 would not be considered to cause a substantial reduction in the availability of on -street parking, and this impact would be less -than -significant. (DEIR, p. IV.2-43, FEIR, pp. IX -510 and IX -521.) Significance After Mitigation: Implementation of General Plan 2020 programs and policies would not be considered to cause a substantial reduction in the availability of on -street parking, and this would be less than significant without mitigation. (DEIR, p. IV.2-43, FEIR, pp. IX -510 and IX - 521.) Bicvcle and Pedestrian Facilities Impact IV.2-15: Increased Demand for Bicvcle and Pedestrian Facilities. Implementation of the proposed land uses in General Plan 2020 would result in increased urban land uses and, therefore, demand for bicycle and pedestrian facilities. However, implementation of policies included in Draft General Plan 2020 would result in improvements in bicycle and pedestrian facilities. This would be a less -than -significant impact. (DEIR, p. IV.2-43.) Finding: Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.) Mitigation Measure: None required. (DEIR, p. IV.2-44.) Explanation: Implementation of the Project would result in additional residential and nonresidential land use development. A portion of the people associated with the additional development would walk and use bicycles. Thus, the demand for bicycle and pedestrian facilities would increase. General Plan 2020 contains several policies that would improve bicycle and pedestrian facilities and increase capacity. These policies include Policy C-11 Alternative Transportation Mode Users; Policy C-13 School -Related Automobile Traffic; Policy C-22 Attractive Roadway Design; Policies C-23 Connections Between Neighborhoods and with Adjoining Communities and C-24 Connections Between Neighborhoods and Activity Centers; Policies C-26 Bicycle Plan Implementation and C-27 Pedestrian Plan Implementation; Program C -26c Bicycle Parking; Policy C-28 Urban Trail Network; Policy C-4 Safe Roadway Design and Program C -27e Pedestrian Safety; Policy C-21 Residential Traffic Calming; Policy C-25 52 Meeting Local Circulation Needs Around Highway Interchanges; Policy C-2 Regional Transportation Funding, C-10 Alternative Transportation Mode Projects and C-26 Bicycle Plan Implementation. Each of these policies is discussed on pages IV.2-43 to IV.2-44 of the DEIR. (DEIR, p. IV.2-43.) Significance After Mitigation: Implementation of policies included in General Plan 2020 would result in improvements in bicycle and pedestrian facilities and would be less than significant without mitigation. (DEIR, p. IV.2-43.) Transit Impact IV.2-16: Increased Demand for Transit Services. Implementation of General Plan 2020 would result in increased demand for transit services. However, implementation of policies included in Draft General Plan 2020 would result in improvements in transit service. This would be a less -than -significant impact. (DEIR, p. N.2-44.) Finding: Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.) Mitigation Measure: None required. (DEIR, p. IV.2-45.) Explanation: Implementation of the Project would result in additional residential and non-residential land use development. A portion of the people associated with the additional development would use public transit. Thus, the demand for transit service would increase. General Plan 2020 contains several policies that would improve transit service. These policies include: Policy C-10 Alternative Transportation Mode Projects; Policy C- 11 Alternative Transportation Modes; Policy C-13 School -Related Automobile Traffic; Policy C-14 Transit Network; Policy C-15 Transit Needs; Policy C-16 Transit Information; Policy C-17 Regional Transit Options; Policy C-18 Local Transit Options; Policy C-19 Paratransit Options; Policy C-20 Intermodal Transit Hubs; Housing Program H -22a Higher Density Infill Housing Near Transit. Each of these policies is discussed on pages IV.s-44 to IV.2-45 of the DEIR. (DEIR, pp. IV.2-44 to 1V.2-45.) Significance After Mitigation: 53 Implementation of policies included in General Plan 2020 programs and policies would result in improvements in transit service and would be less than significant without mitigation. (DEIR, p. IV.2-44.) Cumulative Transportation and Circulation Impacts Traffic projections within the City of San Rafael and those made on regional systems (such as US 10 1) take cumulative development in the San Francisco Bay Area into consideration. Therefore, the traffic analysis provided in Sectio: IV.2 Transportation: and Circulation: of the Draft EIR and discussed above, included cumulative development considerations. (FEIR, pp. 1X -649 to IX -650.) Finding See Findings for Impacts IV.2-1 through IV.2-16 above. Mitigation Measure: See discussion of Mitigation Measures for Impacts 1V.2-1 through IV.2-16 above. Significance After Mitigation See discussion above for Impacts N.2-1 through IV.2-16. C. AIR OUALITY Impact IV.3-1: Consistencv with Clean Air Plan. The project is consistent with the BAAQMD Thresholds of Significance that population not exceed ABAG projections and VMT should not increase faster than population. This would be a less -than -significant impact. (DEIR, p. IV.3-3.) Finding: Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.) Mitigation Measure: None required. (DEIR, p. IV.3-4.) 54 Explanation: The Bay Area Air Quality Management District (BAAQMD) has developed guidelines and thresholds of significance for local plans. Inconsistency with the most recently adopted Clear Air Plan (CAP) is considered a significant impact. According to the BAAQMD, the following criteria must be satisfied for a local plan to be determined to be consistent with the CAP and not have a significant air quality impacts: • The local plan must be consistent with the CAP population and Vehicle Miles Traveled (VMT) assumptions. This is demonstrated if the population growth over the planning period will not exceed the values included in the current CAP and the rate of increase in VMT is equal to or lower than the rate of population increase. • The local plan demonstrates reasonable efforts to implement the Transportation Control Measures (TCMs) included in the CAP that identify cities as implementing agencies. General Plan 2020 would be generally consistent with the latest Association of Bay Area Government (ABAG) projections that are used in the regional Clean Air Plan. VMT from trips with origins or destinations within the Planning Area is forecast to grow at an average annual rate of 0.80 percent through 2020. At the same time, population would increase at an average annual rate of 0.86 percent. Since VMT growth is less than population growth, the BAAQMD threshold of significance for consistency with the planning assumptions of the regional Clean Air Plan would not be exceeded. (DEIR, p. IV.3-3.) Furthermore, General Plan 2020 contains numerous policies and programs in the Land Use, Clean Air and Waterways, Housing, Circulation and other Elements that, if adopted and implemented, would act to help reduce VMT and/or reduce the rate of increase in VMT. (DEIR, p. IV.3-3.) These policies and programs include: Programs C-1 le Reduction of Single Occupancy Vehicles, C -13a School Transportation, and C -16a Transit Information Dissemination, and Policies C-13 School -Related Automobile Traffic, C-16 Transit Information; C-11 c Electric Vehicle Technology; Programs C -17a SMART Service, and C -17b Northern Ferry Terminal; and Policies C-20 Intermodal Transit Hubs, and C-33 Park and Ride Lots; Policies EV -11 Promotion of Workplace Alternatives, H-22 Infill Near Transit, and H-23 Mixed Use, and Programs EV -18a Public/Private Partnerships, and EV -18c Land Inventory; Programs LU -la Five -Year Growth Assessment, and LU -3a Project Selection Process. Each is discussed on pages IV.3-3 to IV.3-4 of the DEIR. Because the BAAQMD threshold of significance for consistency with the planning assumptions of the regional Clean Air Plan would not be exceeded, this would be a less - than -significant impact. Adoption and implementation of the Draft General Plan 2020 policies and programs would further reduce any potential impacts. (DEIR, p. IV.3-4.) 55 Significance After Mitigation: Adoption and implementation of General Plan 2020 policies and programs would further reduce any potential impacts and would be less than significant without mitigation. (DEIR, p. IV.3-4.) Freeway Facilities Impact IV.3-2: Consistency with Clean Air Plan Transportation Control Measures. General Plan 2020 policies would support regional TCMs that are to be implemented by Cities. This would be a less -than -significant impact. (DEIR, p. IV.3-4.) Finding: Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.1 Mitigation Measure: None required. (DEIR, p. IV.3-4.) Explanation: DEIR Exhibit IV.3-1 lists General Plan 2020 policies that are supportive of the Clean Air Plan Transportation Control Measures (TCMs). For each TCM a description is provided and a listing of relevant General Plan 2020 strategies given. The proposed General Plan policies clearly support and implement regional TCMs. Therefore, this would be a less - than -significant impact. (DEIR, p. IV.3-4.) Significance After Mitigation: The proposed General Plan policies support and implement regional TCMs. This would be a less -than -significant impact without mitigation. (DEIR, p. IV.3-4.) Impact IV.3-3: Odor/Toxics Buffer Zones. General Plan 2020 policies and land use maps would provide adequate buffer zones around existing and proposed land uses that could emit odor and toxic contaminants, but do not establish buffer zones from major mobile sources of toxic contaminants. This impact would be potentially significant. (DEIR, p. IV.3-7.) 56 Finding: Changes or alterations have been required in, or incorporated into, the Project that avoid the significant environmental effect as identified in the Final EIR. Mitigation Measure: IV. 3-3: The following wording should be added to Program AW -2a Sensitive Receptors: Project review for sensitive receptors (facilities or land uses such as hospitals, day care centers, schools and residences that are occupied for substantial amounts of time by members of the population particularly sensitive to the effects of air pollutants, such as children, the elderly and people with illnesses) proposed within 500 feet from the edge of the closest traffic lane of U.S. Highway 101 or I-580 should include an analysis of mobile source toxic air contaminant health risks, based on appropriate air dispersion modeling. Project review should include an evaluation of the adequacy of the setback from the highway and, if necessary, identify design mitigation measures to reduce health risks to acceptable levels. The Planning Commission included the mitigation in program S -38a as follows: AW -2a. Sensitive Receptors. Through development review, ensure that siting of any new sensitive receptors provides for adequate buffers from existing sources of toxic air contaminants or odors. If development of a sensitive receptor (a facility or land use that includes members of the population sensitive to the effects of air pollutants, such as children, the elderly and people with illnesses) is proposed within 500 feet of Highway 101 or I-580, an analysis of mobile source toxic air contaminant health risks should be performed. Development review should include an evaluation of the adequacy of the setback from the highway and, if necessary, identify design mitigation measures to reduce health risks to acceptable levels. (DEIR, pp.1V.3-8 to N.3-9 and FEIR, p. IX -609.) Responsibility and Monitoring: The City Council would be responsible for adopting the amended program, as described in Mitigation Measure IV.3-3, as part of General Plan 2020. The Community Development Department would be responsible for monitoring the implementation of the amended program. (DEIR, p. IV.3-9.) Explanation: According to BAAQMD CEQA Guidance, for a general plan to have a less than significant impact with respect to odors and/or toxic air contaminants buffer zones should be established around existing and proposed land uses that would emit these air 57 pollutants. Buffer zones to avoid odors and toxics impacts should be reflected in local plan policies, land use maps, and implementing ordinances. (DEIR, p. IV.3-7.) The Central Marin Sanitation Agency plant on Andersen Drive and the Las Gallinas Valley Sanitary District plant off Smith Ranch Road are identified stationary sources of both toxic air contaminants and odors. Existing land uses separate these sources from sensitive land uses by providing a large buffer zone comprised of non -sensitive land uses such as parklands, open space/conservation lands, industry and light industry/office. These intervening land uses limit potential exposure to odors and/or toxic air contaminants. (DEIR, p. IV.3-8.) The proposed Land Use Map and the Zoning Ordinance would continue to utilize non - sensitive land uses to provide substantial buffer zones between identified stationary sources of toxic air contaminants/odors and sensitive land uses. Proposed land use changes would not affect the maintenance of the existing buffer zones and would not increase the potential for land use conflicts related to toxic air contaminants or odors. Avoidance of odor -related land use conflicts and protection of existing buffer zones are addressed in the following policies and programs of the Draft General Plan 2020 Land Use and Clean Air and Waterways Elements: LU -23 Odor Impacts; LU -23a Project Evaluation; AW -2 Land Use Compatibility; Program AW -2a Sensitive Receptors; Program AW -2b Buffers; Program AW -4a Project Review. Each of these policies and programs is discussed on page IV.3-8 of the DEIR. (DEIR, p. IV.3-8.) The above general plan policies and programs do not specifically address the siting of sensitive receptors near mobile sources of toxic air contaminants. This would be a potentially significant impact of the project. (DEIR, p. IV.3-8.) Significance After Mitigation: With adoption and implementation of the above mitigation measure the BAAQMD thresholds of significance for air toxics and odors would be met, and this impact would be reduced to a less -than -significant level. (DEIR, p. IV.3-9.) Cumulative Air Oualitv Impacts The San Francisco Bay Area is the geographic area considered for air quality cumulative impacts. The cumulative impacts analysis includes development pursuant to General Plan 2020 as well as development forecast by the Association of Bay Area Governments. The BAAQMD CEQA Guidelines provide that an individual project be assessed for cumulative impacts based on an evaluation of consistency of the project with the local general plan and the consistency of the local general plan with the regional air plan. No specific cumulative threshold of significance is given for general plans beyond that of consistency with the regional air plan. If a general plan was found to have a significant air quality impact related to inconsistency with the regional air quality it would also have a significant cumulative impact. As discussed in Sectio: IV.3 Air Quality, General Plan 2020 was found to be consistent with regional air quality planning efforts and therefore would not have a cumulatively significant impact on air quality. (FEIR, p. IX -651.) Finding Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.1 Mitigation Measure: None required. (FEIR, p. IX -651.) Significance After Mitigation Cumulative Air Quality impacts would be less than significant. (FEIR, p. IX -651.) D. NOISE Impact IV.4-1: Increased Traffic Noise. Existing noise sensitive land uses would be exposed to minor increases in noise levels from traffic. In addition, roadway improvement projects have the potential to generate noise impacts due to increased traffic noise. This would be a less -than -significant impact. (DEIR, p. IVA-13.) Finding: Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.) Mitigation Measure: None required. (DEIR, p. IVA-13.) Explanation: Vehicular traffic is the largest contributor to noise levels in San Rafael. With the new development anticipated in General Plan 2020, traffic noise would increase in most areas. The noise from US 101 would increase by about 1 dBA or less. The same is true for most other roadways that affect residences including Freitas Parkway, Pt. San Pedro Road, and Miracle Mile (Fourth Street). In fact, future traffic noise would increase by less than 2 dBA along all roadway segments. Since this increase is less than the threshold of 3 dBA of Policy N-5, Traffic Noise from New Development (and General 59 Plan 2000 Policy N-11), the increased traffic noise would be a less -than -significant impact. (DEIR, p. IV.4-13.) Individual roadway improvement projects such as those listed in Policy C-6, Proposed Improvements, have the potential to generate noise impacts due to increased traffic noise. Significant noise increases are more likely to be caused by major realignments than from minor changes such as traffic signal upgrades. Policy N-5, Traffic Noise from New Development, would require that mitigation measures be incorporated into projects that increase traffic noise levels by more than 3 dB if the exterior Ldp is 65 dBA or greater. Noise barriers such as walls or berms are typically used to reduce noise levels in adjacent residential areas by 5 to 10 dBA. The noise reduction provided by a barrier can offset the expected noise increase from a new project and effectively mitigate the impact. (DEIR, p. IV.4-13.) Policy N-5, Traffic Noise from New Development, would also encourage revisions in a proposed project so that the increase in noise is not more than 3 dBA. Such revisions could include realigning off -ramps or widening roadways away from the existing homes. In this way Policy N-5 would act as a performance standard to limit the noise increases generated by new development projects. (DEIR, p. IV.4-13.) This would be a less -than -significant impact. (DEIR, p. IV.4-13.) Significance After Mitigation: Through implementation of General Plan policies and programs, potential impacts related to increases in traffic noise levels due to new development would be less than significant without mitigation. (DEIR, p. IV.4-13.) Impact IV.4-2: Increased Rail Noise. Existing noise sensitive land uses could be exposed to substantially increased noise levels from rail activity. This would be a significant impact. (DEIR, p. IV.4-13.) Finding: Those changes or alterations required to mitigate or avoid the Project's significant effects on the environment are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency. Mitigation Measure: IV. 4-2: SMART shall conduct a detailed noise assessment and implement appropriate mitigation measures to reduce potential noise and vibration impacts to an acceptable level under City and FTA Guidelines for any rail project within its right-of-way in the Planning Area. M1 SMART would be responsible for conducting the noise assessment and for implementing the appropriate mitigation measures. (DEIR, p. IV.4-14.) Explanation: The Sonoma Marin Area Rail Transit (SMART) project has the potential to increase noise levels along the existing (but currently unused) railroad corridor in the City of San Rafael. Much of the corridor is near existing residential uses. Residences that would most likely experience significant noise increases are located far away from major roadways. For example, the railroad corridor east of Los Ranchitos Road and west of US 101 is bordered, on both sides, by the backyards of homes on Corillo Drive, Constance Drive and Ranchitos Road. These backyards are currently exposed to distant freeway noise. SMART Trains would likely be the major noise source at these homes. The same is true for residences along the west side of the railroad tracks both north and south of Smith Ranch Road. In general, the noise from SMART trains is less likely to generate a noise impact where it is adjacent to US 101 south of the Lincoln Avenue on/off ramps. (DEIR, p. IVA-13.) Noise sources associated with the SMART project would include the train engines, wheel squeals, train whistles, and stationary crossing bells. Policy N -9a, Future Transitway Mitigation Measures, would require that the environmental analysis for the SMART Project address the City's noise standards and the Federal Transit Administration (FTA) Guidelines. The FTA Guidelines address noise and vibration from transit trains. The SMART project environmental analysis will use these criteria to determine potential noise and vibration impacts. Because of the uncertainties associated with the types of vehicles and operational details, no comprehensive noise predictions are provided in General Plan 2020 and further discussion of potential impacts of increased rail noise would be speculative. The City will remain involved in the rail project's environmental review process, which is currently underway. (DEIR, p. IVA-14.) This would be a significant impact. (DEIR, p. IV.4-14.) Significance After Mitigation: Implementation of this mitigation measure would be beyond the jurisdiction of the City of San Rafael. Therefore, this would remain a significant and unavoidable impact. (DEIR, p. IV.4-14.) Imnact IV.4-3: Stationary Noise Sources. Existing noise sensitive land uses would be exposed to substantially increased noise levels from stationary noise sources. This would be a less -than - significant impact. (DEIR, p. IV.4-14.) 61 Finding: Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.1 Mitigation Measure: None required. (DEIR, p. IV.4-14.) Explanation: New commercial projects (or significant modifications of existing facilities) have the potential to increase noise at existing noise sensitive land uses. For example, General Plan 2020 Policy LU -16, Convenience Shopping, encourages the retention and improvement of existing retail stores and services in residential neighborhoods. Potential noise sources include on-site activities, ventilation equipment and engine -generators. Even small residential equipment such as air -conditioners can cause unacceptable noise at adjacent residences. These projects will continue to be reviewed by the City planning staff on a case-by-case basis. (DEIR, p. IVA-14.) Policy N -2a, Noise Ordinance, states that the Police Department will implement the City's Noise Ordinance that limits the noise levels generated by stationary noise sources. Policy N-4, Noise from New Commercial and Industrial Development, would set performance standards for noise increases caused by commercial projects. (DEIR, p. IV.4-14 and FEIR, pp. IX -593 to IX -594.) These policies would be applied during the environmental review of the new projects associated with some of the proposed land use changes contained in General Plan 2020. They would be particularly helpful in avoiding noise impacts in mixed-use developments where residential and commercial uses are very close together. (DEIR, p. IV.4-14.) This would be a less -than -significant impact. (DEIR, p. IVA-14.) Significance After Mitigation: Through implementation of General Plan policies and programs, potential impacts related to increased noise levels from stationary nose sources would be less than significant without mitigation. (DEIR, p. IV.4-14.) Impact IV.4-4: Increased Airport Noise. Existing noise sensitive land uses would not be exposed to increased noise levels from the private use San Rafael Airport. This would be a less-thal:- significant impact. (DEIR, p. IVA-15.) 62 Finding: Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.) Mitigation Measure: None required. (DEIR, p. IVA-15.) Explanation: General Plan 2020 does not propose any changes to the location of the existing private San Rafael Airport, nor the establishment of any new airport. Properties surrounding the airport are built -out. The airport has a conditional use permit that allows a maximum of 100 airport -based aircraft. The conditional use permit also prohibits the following: a. Flight training. b. Helicopters. c. Charter flights. d. Public uses. e. Commercial flight activity. f. Non -based aircraft performing landings or departures. (DEIR, p. IVA-15.) Under the conditional use permit, the activity at the San Rafael Airport is not expected to increase. Furthermore, General Plan 2020 Policy NH -153, San Rafael Airport, states the types of uses allowed on the property, including private and public recreational uses, public utility uses and open space, and Policy N-7, Airport/Heliport, would require consideration and mitigation of noise impacts from changes in facilities or operations at the site. Therefore, this would be a less -than -significant impact. (DEIR, p. IVA-15.) Significance After Mitigation: Through implementation of General Plan policies and programs, potential impacts related to noise sensitive land uses exposed to increased noise levels from the private use San Rafael Airport would be less than significant without mitigation. (DEIR, p. IVA-15.) Impact IV.4-5: Future Noise Sensitive Development. Future noise sensitive development could potentially be exposed to noise levels greater than those considered normally acceptable. This would be a less -than -significant impact. (DEIR, p. IVA-15.) 63 Finding: Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.) Mitigation Measure: None required. (DEIR, p. N.4-16.) Explanation: General Plan 2020 contemplates new noise sensitive development as part of land use changes and development of vacant lands. For example, General Plan 2020 Policy H-22, Infill Near Transit, and Program H -18b, Rezone Commercial Sites, encourage new residential development in areas near Downtown or adjacent to busy roadways. Without requirements for mitigation, high noise levels could interfere with activities such as conversation and sleep. (DEIR, p. IV.4-15.) Policy N-1, Noise Impacts on New Development, would establish land use compatibility standards that identify the acceptability of a project based on its noise exposure. Program N -la, Acoustical Studies, would require acoustical studies for all new residential projects within the La„ 60 dB noise contours so that noise mitigation measures can be incorporated into project design to achieve the appropriate outdoor and indoor noise standards. Policy N-2, Exterior Noise Standards for Residential Use Areas, would set standards for backyards and/or common useable outdoor areas in new residential development. Policy N-3, Planning and Design of New Development, would provide guidance on using various types of noise abatement measures to meet the performance standards in Policy N-1, Noise Impacts on New Development. These measures include site planning, architectural layout of buildings, noise barriers, construction modifications and alternatives to soundwalls. (DEIR, p. IV.4-15.) Policy NH -121, which applies to the Loch Lomond Marina site, encourages the use of soundwalls only if necessary to achieve the interior and exterior noise levels required in the General Plan, and then only if well designed. (FE1R, p. IX -518 to IX -519.) The policies discussed above would result in noise mitigation requirements for individual projects. For example, noise studies may be required for the new residential or mixed- use developments at the Brookdale Avenue area, the Loch Lomond Marina, and surrounding Davidson Middle School. (DEIR, p. IV.4-15.) For additional discussion regarding the previous acoustical studies and the results of such studies, please see Master Response E in the Final EIR. (FEIR, pp. IX -28 to IX -31.) There are some locations where new development anticipated in the Draft General Plan 2020 would require noise studies and, possibly, noise abatement measures to achieve acceptable traffic noise levels. For example, vacant lands along N. San Pedro Road are designated for Low Density and High Density Residential development. The same is true :, for the Low Density Residential designated lands along Pt. San Pedro Road near the Loch Lomond Marina between Sea Way and Bellevue Avenue. Along the freeways, vacant lands that might be developed with residences are mostly designated as Hillside Residential. There are also small parcels designated Low and Medium Density Residential along US 101 between Downtown and the Marin County Civic Center. Program N -la, Acoustical Studies, would require residential projects on these parcels to have acoustical studies that specify the noise abatement measures to achieve acceptable traffic noise levels. (DEIR, p. IV.4-16.) The San Rafael Rock Quarry and the McNear Brickworks are located just south of the City limit along Pt. San Pedro Road. The existing industrial operations at these facilities are expected to continue through 2020. Noise from these facilities must be addressed if new development is proposed in the vicinity of these facilities. However, under General Plan 2020, very little development would occur in the vicinity of the Quarry. Furthermore, Policies N-1, Noise Impacts on New Development, and N-2, Exterior Noise Standards for Residential Use Areas, as described above, would reduce potential impacts to development in these areas by assuring that noise sensitive development is either not sited within noise exposure areas or adequate noise abatement is included in the development. (DEIR, p. IV.4-16.) Notwithstanding the above, the City recognizes that noise from the quarry and brickyard operations continue to cause annoyance at existing residential areas. Noise sources associated with the Quarry include on-site machinery, trucks, blasting, and haul trucks traveling on Pt. San Pedro Road west of the Quarry. To be involved in resolving community disputes regarding impacts from Quarry and brickyard operations, the Noise Element shall be revised to include a program that the City work with the County of Marin, as follows: N -10d. San Rafael Rock Quarry. Seek to minimize noise impacts of the quarry and brickyard operations through cooperative efforts with the County of Marin through its code of enforcement and land use entitlement processes. (FEIR, p. IX -31.) Since the Quarry is located outside of the City, however, there is little the City can do on its own to require noise abatement. The San Rafael Rock Quarry is located in unincorporated Marin County adjacent to the City of San Rafael at 1000 Pt. San Pedro Road. The rock quarry is not within the City limits, but is within the City's sphere of influence. As such, the City can plan for the future uses of rock quarry, but the City has no actual land use authority. Instead, the rock quarry is within the jurisdiction of Marin County, and Marin County has land use authority for the quarry. The City has determined that quarry operations are likely to continue throughout the planning horizon of General Plan 2020. (FEIR, p. IX -8.) The San Rafael Rock Quarry and the McNear Brickworks are discussed in the Neighborhoods Element of Draft General Plan 2020. In response to comments on 65 General Plan 2020, the Planning Commission and City Council recommended that policy NH -147 San Rafael Rock Quarry and McNear Brickworks be revised to read as follows: NH -147. San Rafael Rock Quarry and McNear Brickworks. The San Rafael Rock Quarry is currently operational, but its future is unclear at this time. The property owner has expressed an interest in continuing operations, but approval of an updated Reclamation Plan has not yet been obtained from the County. If operations cease during the timeframe of this plan, consider annexation and allow redevelopment of the San Rafael Rock Quarry and McNear Brickworks, taking into account the following factors: a. Consider the County's approved reclamation plan in future land use considerations. The current reclamation plan indicates a mixture of single family and townhouse units, a marina, commercial recreation or hospitality and neighborhood serving commercial uses. A revised reclamation plan is anticipated during the timeframe of this General Plan. a. Create a public use park band along the shoreline, at least 100 feet in width, linking McNears Beach Park with the public walkway along Pt. San Pedro Road. b. Reopen the saltwater marsh to tidal action. Protect the freshwater marsh. c. Protect freshwater ponds. d. Preserve the site's woodland areas and incorporate some of the historic brick works into the project design. e. Consider redevelopment of the site at one time to eliminate incompatibilities between the existing operation and redevelopment uses, except for the development of a possible high-speed waterway transit stop. NH -147X. San Rafael Rock Quarry Impacts. While recognizing the jurisdiction of Marin County over this property, persist in efforts to minimize impacts of the existing quarry operations on surrounding residents, such as noise, air quality, vibrations, street maintenance and truck traffic. Responsibility: Community Development, Public Works Timeframe: Ongoing Resources: Staff Time NH-147Xa. Rock Quarry Impacts. Seek to have input into County code enforcement activities, land use entitlements or negotiations with the quarry operator that might reduce impacts on affected properties in the City of San Rafael and on City infrastructure. Responsibility: Community Development, Public Works Timeframe: Ongoing Resources: Staff Time NH-147Xa. Rock Quarry Impacts. Participate in preparation of a new reclamation plan and environmental impact report through the County of Marin, which should form the basis of future land uses and possible annexation. Responsibility: Community Development, Public Works Timeframe: Ongoing Resources: Staff Time (FEIR, p. IX -8 to IX -9.), as revised by the Planning Commission and City Council during review of the draft Plan. This would be a less -than -significant impact. (DEIR, p. IV.4-16.) Significance After Mitigation: M Through implementation of General Plan 2020 policies potential impacts related to future noise sensitive development would be less than significant without mitigation. Cumulative Noise Impacts The analysis of noise impacts in the EIR is in large part based upon the traffic analysis, which considers cumulative development in the Planning Area, Marin County Cities/Towns and Unincorporated Areas, and the Bay Area as described above under Transportation and Circulation. Future development within the Planning Area consistent with General Plan 2020 would result in potential cumulative noise level increases along major roadways and near industrial and commercial developments. Each of these noise impacts would be dealt with separately when new noise sensitive or noise generating developments are proposed. As discussed in Section IV..4 Noise implementation of General Plan 2020 would not result in significant noise impacts. Implementation of noise -related policies and programs within General Plan 2020 would reduce the project's contribution to cumulative noise impacts to less than cumulatively considerable. As discussed in Impact IV.4-2 existing noise sensitive land uses in San Rafael could be exposed to substantially increased noise levels from the Sonoma Marin Area Rail Transit (SMART). General Plan 2020 contribution to this impact would not be cumulatively considerable. Finding Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.) Mitigation Measure: None required. (FEIR, pp. IX -651 to IX -652.) Significance After Mitigation Cumulative noise impacts will be less than significant and the Project's contribution to cumulative noise impacts will not be cumulatively considerable. E. PUBLIC SERVICES AND UTILITIES Impact IV.5-1: Fire Protection and Emereencv Services. Development consistent with General Plan 2020 would increase the demand for fire protection and emergency services, which would require one additional paramedic unit. This would be a less -than -significant impact. (DEIR, p. IV. 5-10.) Z Finding: Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.1 Mitigation Measure: None required. (DEIR, p. IV.5-10.) Explanation: The Fire Department has determined that the projected growth pursuant to General Plan 2020 would require one additional paramedic unit, which could be added to an existing facility. The cost for additional service would be at least partially offset by increased paramedic tax revenues generated by new development in the City. (DEIR, p. IV.5-10.) The City recently reviewed the structural integrity of its fire safety buildings and concluded that seismic upgrades are needed. A bond measure to finance building improvements is currently under consideration. While the construction of seismic upgrades to the fire safety buildings could result in secondary impacts to water and air quality, such impacts are unlikely. The fire station is located in an already urbanized area and would not be expected to alter existing drainage patterns or otherwise impact water quality. (DEIR, p. IV. 5-10.) Furthermore, General Plan 2020 includes a number of policies and programs that would likely limit any potential construction -related impacts to a less -than -significant level. These policies include: Policy AW -8 Reduce Pollution from Urban Runoff; Policy AW -9 Erosion and Sediment Control; Program N -10b Mitigation for Construction Activity Noise; Policy AW -4 Particulate Matter Pollution Reduction; Program AW -4a Project Review. (See DEIR, p. IV.5-10.) Because development consistent with General Plan 2020 would not result in the need for new fire protection facilities, this would be a less -than -significant impact. (DEIR, p. IV. 5-10.) Significance After Mitigation: Because development consistent with General Plan 2020 would not result in the need for new fire protection facilities, this would be less than significant without mitigation. (DEIR, p. IV.5-10.) Impact IV.5-2: Wildland Fires. Development consistent with General Plan 2020 would not significantly increase the potential for wildland/urban interface problems. This would be a less -than -significant impact. (DEIR, p. IV.5-10.) Finding: Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.) Mitigation Measure: None required. (DEIR, p. W.5-11.) Explanation: Because the City is essentially built out, the Fire Department does not project a significant increase in the number of wildland/urban interface problems. A potential problem would occur should there be a significant density increase due to the construction of second units in hilly areas with narrow streets that restrict emergency access and evacuation. However, few second units have been built in the hillside lots because they typically have limited flat areas to accommodate the required parking (three spaces, two for the residence plus one for the second unit). Because of site constraints, second unit parking requirements, and the existing very low density of hillside residential areas (up to two units per acre), impacts related to wildland fires would be less—than- significant. (DEIR, pp. IV.5-10 to IV.5-11.) Significance After Mitigation: Because of site constraints, second unit parking requirements, and the existing very low density of hillside residential areas (up to two units per acre), impacts related to wildland fires would be less than significant without mitigation. (DEIR, pp. IV.5-10 to IV.5-11.) Impact IV.5-3: Release of Hazardous Materials. Development consistent with General Plan 2020 could cause a release of hazardous materials. This would be a significant impact. (DEIR, p. IV.5-11.) Finding: Changes or alterations have been required in, or incorporated into, the Project that substantially lessen, but do not avoid, the potentially significant environmental effect associated with hazardous materials. No mitigation is available to render the effects less o than significant. The effects (or some of the effects) therefore remain significant and unavoidable. Mitigation Measure: IV. 5-3: A new implementing program (S -I Ib) shall be prepared and incorporated into Policy S-11 of the Draft General Plan 2020 that requires remediation and cleanup in order to develop on sites where hazardous materials have impacted soil or groundwater. At a minimum, remediation and clean up of contaminated sites shall be in accordance with regional and local standards. The required level of remediation and clean-up shall be determined by the Fire Department based on the intended use of the site and health risk to the public. The time frame for this program shall be implemented in the short term and maintained on an ongoing basis. (DEIR, p. N.5-12, and FEIR, p. IX -588.) Responsibility and Monitoring: The City Council would be responsible for adopting the implementing program, as listed in Mitigation Measure IV.5-3, as part of General Plan 2020. The Fire, Police, and Community Development Departments would be responsible for implementing and monitoring the program. (DEIR, p. N.5-12.) Explanation: General Plan 2020 would allow development or redevelopment of commercial and industrial facilities, particularly in East San Rafael and the area around Davidson Middle School. These facilities often require the use, storage or disposal of hazardous material in their operations. There would also be the potential for environmental, health, and safety risks associated with the transport of hazardous materials within the entire San Rafael Planning Area. These risks include accidents involving vehicles transporting hazardous materials, accidental spills or leaks, releases during seismic events, and improper use, handling, storage, and disposal of hazardous materials. Hazardous material releases may also occur from excavation on sites that have been previously contaminated with hazardous materials. (DEIR, p. IV.5-11.) General Plan 2020 contains policies and standards in the Safety Element, which if adopted and implemented could be used to reduce the potential for a hazardous materials release. These policies and programs include: Policy S-11, Potential Hazardous Soils Conditions; Policy S-12 Hazardous Materials Storage, use and Disposal; Policy S-13 Hazardous Waste Management; Policy S-14 Transportation of Hazardous Materials; Policy S-34 Emergency Connectors. Each of the policies and programs is discussed on pages IV.5-11 to IV.5-12 of the DEIR. (DEIR, pp. IV.5-11 to N.5-12.) 70 While these policies would help reduce the potential for hazardous materials release, they eliminate the potential for hazardous materials release. Nor would these policies and programs eliminate the potential for damage or loss from a hazardous materials release. This would be a significant impact. (DEIR, p. IV.5-12.) Significance After Mitigation: While the implementing program outlined in Mitigation Measure IV.5-3 would reduce potential impacts where hazardous materials have impacted soil or groundwater, the potential for damage or loss from a hazardous materials release would remain a significant and unavoidable impact. (DEIR, p. IV.5-12.) Impact IV.5-4: Hazardous Materials. Substances. or Waste Near Schools. General Plan 2020 land use map would allow development of industrial facilities that transport, store, use, emit, or dispose of hazardous materials within one quarter mile of existing school sites. This would be a significant impact. (DEIR, p. IV.5-12.) Finding: Changes or alterations have been required in, or incorporated into, the Project that avoid the significant environmental effect as identified in the Final EIR. Mitigation Measure: IV.S-4: A new implementing program (S -9a) shall be prepared and incorporated into Policy S-9 of General Plan 2020 that would require the City to survey existing industrial facilities within 1/4 mile of the schools. The survey would be used to determine the presence of hazardous materials and evaluate the risk of an accidental release that could adversely effect the health and safety of students and school staff. In addition, the City shall adopt a policy in General Plan 2020 that would restrict siting of businesses or expansion of businesses (including hazardous waste repositories, incinerators or other hazardous waste disposal facilities) that have the potential for a significant hazardous materials release within one quarter mile of schools. The time frame for this policy and program shall require short-term implementation. The Planning Commission recommended the mitigation be added as a separate policy and program as follows: S -9X (Restriction of Businesses). Restrict siting of businesses or expansion of businesses that have the potential for a significant hazardous materials release within one- quarter mile of schools. 71 S -9a. (Survey of Facilities). Survey existing industrial facilities within one-quarter mile of the schools. The survey would be used to determine the presence of hazardous materials and evaluate the risk of an accidental release that could adversely affect the health and safety of students and school staff. Responsibility: Community Development Timeframe: Short term Resources: Staff time (DEIR, pp. IV.5-13 to IV.5-14, and FEIR, p. IX -588.) Responsibility and Monitoring: The City Council would be responsible for adopting the implementing program, as listed in Mitigation Measure IV.5-4, as part of General Plan 2020. The Fire, Police, and Community Development Departments would be responsible for implementing and monitoring the program. (DEIR, p. IV.5-14.) Explanation: There are existing schools within one-quarter mile of zoned industrial areas that may transport, store, use and dispose of hazardous materials. Two schools, Davidson Middle School and Laurel Dell Elementary, are located within or very near an area zoned industrial. The industrial land use areas identified in General Plan 2020 may also allow development of new facilities that transport, store, use, emit, or dispose of hazardous materials within one-quarter mile of other existing school sites. In addition, business and industrial expansion could increase the volume of hazardous materials and hazardous wastes used and generated in San Rafael, potentially adjacent to sensitive uses, such as school sites. The City of San Rafael School District indicated that there are no known new school sites planned for construction within or near zoned industrial areas. (DEIR, pp. N.5-12 to IV.5-13.) General Plan 2020 contains policies and standards in the Safety Element, which if adopted and implemented could be used to reduce the potential for a hazardous materials release. (See DEIR, p. IV.5-13.) These policies include Policy S-9 Location of Public Improvements; Policy S-11 Potential Hazardous Soils Conditions; Policy S-12 Hazardous Materials Storage, Use and Disposal; Policy S-13 hazardous Waste Management. (DEIR, p. IV.4-13 to IVA-14.) Although these policies would help reduce the potential impacts related to hazardous materials near schools, the presence and/or expansion of such facilities within one quarter of a mile of a school would remain a significant impact. (DEIR, p. IV.5-13.) Significance After Mitigation: Implementation of the proposed policy and program would reduce the potential for a significant hazardous materials release to effect schools to a less -than -significant level. (DEIR p. IV.5-14.) 72 Imnact IV.5-5: Exposure to Undereround Hazardous Wastes. Sites impacted by hazardous materials or petroleum products are located throughout the City. With continued compliance with hazardous materials laws and regulations, as well as implementation of applicable General Plan 2020 policies and programs, this would be a less -than -significant impact. (DEIR, p. IV.5-14.) Finding: Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.) Mitigation Measure: None required. (DEIR, p. IV.5-15.) Explanation: Chemical storage and handling activities associated with industrial and commercial uses in the City, including underground storage tanks, have resulted in releases of hazardous materials and petroleum products to soil and groundwater. There are hundreds of properties in San Rafael that have been identified as contaminated sites on one or more federal, state or local databases that track hazardous materials. Areas affected by these releases may interfere with future development as outlined in General Play: 2020. (DEIR, p. IV.5-14.) Development consistent with General Plan 2020 could result in an expansion of general and light industrial business and commercial land uses within San Rafael. Hazardous materials that may be used during typical business operations could result in increased employee or public exposure to hazardous materials. In addition, expanded hazardous material usage and potential generation of hazardous wastes would likely result in an increased volume of hazardous materials and hazardous wastes being transported within San Rafael. (DEIR, p. IV.5-14.) If improperly handled, hazardous materials and wastes can result in public health hazards if released to the soil, groundwater or atmosphere. Soil and groundwater having concentrations of constituents higher than certain regulatory levels must be handled and disposed of as hazardous waste when excavated or pumped from an aquifer. The California Code of Regulations, Title 22, Sections 66261.20-24 contains technical descriptions of characteristics that could cause soil or groundwater to be classified as hazardous waste. (DEIR, p. IV.5-14.) General Plan 2020 contains many policies and standards in the Safety Element, such as Policy S-11 Potential Hazardous Soils Conditions, and Policy S-13 Hazardous Waste 73 Management, which if adopted and implemented could reduce the potential for a hazardous materials release. (See DEIR, pp. IV.5-14 to IV.5-15.) With the implementation of the Draft General Plan 2020 policies and the continued compliance with local, state, and federal regulations related to hazardous materials, this would be a less -than -significant impact. (DEIR, p. IV.5-15.) Significance After Mitigation: With the implementation of General Plan 2020 policies and the continued compliance with local, state, and federal regulations related to hazardous materials, this would be less than significant without mitigation. (DEIR, p. IV.5-15.) Impact IV.5-6: Police Services. Development consistent with General Plan 2020 would generate demand for police services beyond the existing capacity of the San Rafael Police Department. This would be a significant impact. (DEIR, p. IV.5-15.) Finding: Changes or alterations have been required in, or incorporated into, the Project that substantially lessen, but do not avoid, the potentially significant environmental effect associated with police services. No mitigation is available to render the effects less than significant. The effects (or some of the effects) therefore remain significant and unavoidable. Mitigation Measures: IV. 5-6(a): In order to meet the existing and projected future needs of the San Rafael Police Department, the City shall amend program S -38a, Public Safety Facilities, to assure that the San Rafael Police Department takes the following actions: • Determine the department's existing and projected facility needs; • Obtain the necessary funding for the needed improvements; and • Purchase, construct, and/or renovate the necessary additional facilities. The City Council included the mitigation in program S -38a as follows: S -38a. Public Safety Facilities. Evaluate needed upgrades to public safety facilities, particularly seismic safety improvements, and seek funding mechanisms. In order to meet the existing and projected future needs of the San Rafael Police Department, the City will determine the department's existing and project facility needs; obtain the necessary funding for the needed improvement; and, purchase, construct, and/or renovate the necessary additional facilities. Responsibility: Fire, Police Timeframe: Long Term Resources: Staff Time 74 IV. 5-6(b): General Plan 2020 includes a number of policies and programs that would help limit potential impacts related to the construction of the needed police facilities. For example, Policy CON -6, Creek and Drainageway Setbacks, would reduce potential impacts to creeks and riparian habitats by requiring future development be sited a minimum of 25 feet (or up to 100 feet in certain circumstances) from the top of banks for all creeks. Policies AW - 8, Reduce Pollution from Urban Runoff, and AW -9, Erosion and Sediment Control, would reduce potential water quality impacts due to erosion at construction sites by requiring and enforcing on-site runoff and sediment control. Program N -10b, Mitigation for Construction Activity Noise, would through environmental review, minimize the exposure of neighboring properties to excessive noise levels from construction -related activities. Policy AW -4, Particulate Matter Pollution Reduction, and Program AW -4a, Project Review, would, through project review, help reduce particulate matter pollution due to construction activities. (DEIR, pp. IV.5-15 to IV.5-16 and FEIR, p. IX -591.) Responsibility and Monitoring: The City Council would be responsible for adopting the amended program, as listed in Mitigation Measure IV.5-6(a), and the policies and programs listed in Mitigation Measure IV.5-6(b), as part of General Plan 2020. The Police Department would be responsible for implementing the program listed in Mitigation Measure IV.5-6(a). The Community Development Department and Public Works department would be responsible for implementing and monitoring the policies and programs listed in Mitigation Measure IV.5-6(b), as well as other General Plan 2020 policies and programs that reduce construction -related impacts and monitoring their implementation. (DEIR, p. IV.5-16.) Explanation: The increased number of employees and residents in the City would increase the number of calls to the San Rafael Police Department. The Police Department has estimated that seven additional police officers and 1.5 supervising officers would be required due to population increases resulting from General Plan 2020. The Department also estimates that additional facilities would be needed to accommodate the space needs for lockers, equipment and vehicles of the new officers. The cost for added Police Department staff could be at least partially offset by increased general fund revenues generated by new development in the City. (DEIR, p. IV.5-15.) General Plan 2020 Programs LU -la Five -Year Growth Assessment, and S -38a Public Safety Facilities, and Policy I-2 Adequacy of City Infrastructure and Services would help reduce potential impacts related to Police Department facilities expansion by requiring monitoring of development and growth. These policies and programs would also use the 75 Capital Improvements Program (CIP) to analyze the long-term facility needs and pursue studies to determine needed public safety facility improvements. By analyzing and forecasting potential facility needs, these programs can help the City prepare for future expansions and use existing facilities more efficiently. (DEIR, p. IV.5-15.) Even with such forecasting and long-term planning, the construction of the required facilities would potentially result in secondary construction -related impacts. The Police Department is currently in the process of determining its facility needs. These needs could require an expansion of the existing facilities or the construction of entirely new facilities elsewhere in the City. Analysis of such site-specific impacts is beyond the scope of this EIR and would be evaluated as part of a separate site-specific environmental review. Therefore, this would be a significant impact. (DEIR, p. IV.5-15.) Significance After Mitigation: Mitigation Measure IV.5-6(a) would reduce the impacts related to the existing space deficiency to a less -than -significant level. The policies and programs listed in Mitigation Measure IV.5-6(b), as well as other General Plan 2020 policies and programs, would likely reduce many of the environmental impacts associated with the construction or expansion of police facilities to a less -than -significant level. However, analysis of potential impacts without identified sites and complete designs would be speculative. Therefore, this would remain a significant unavoidable impact. (DEIR, p. IV.5-16.) Impact IV.5-7: Schools. Development consistent with General Plan 2020 would not generate demand for school services beyond the existing public school capacity. This would be a less -than -significant impact. (DEIR, p. IV.5-16.) Finding: Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.) Mitigation Measure: None required. (DEIR, p. IV.5-17.) Explanation: Many of the new housing units would be in multifamily developments, which generate fewer potential students than single-family homes. In addition, new development is projected throughout the City, and not in any one area that would impact a specific school. After a substantial increase in school enrollment due to immigration and increased births between 1980 and 2000, school populations have stabilized. Based on 76 projected population growth resulting from General Play: 2020, the San Rafael City Schools (which includes the San Rafael Elementary San Rafael High School Districts) and the Dixie School District expect that the increase in student population would not exceed planned capacity or service standards, nor require additional non - planned facilities, for the respective school districts. This would be a less -than - significant impact. (DEIR, pp. IV.5-16 to IV.5-17.) Significance After Mitigation: Based on projected population growth resulting from General Plan 2020, the San Rafael City Schools (which includes the San Rafael Elementary San Rafael High School Districts) and the Dixie School District expect that the increase in student population would not exceed planned capacity or service standards, nor require additional non - planned facilities, for the respective school districts which would be less than significant without mitigation. (DEIR, pp. IV.5-16 to IV.5-17.) Impact IV.5-8: Parks. Population increases consistent with General Plan 2020 would not exceed current service standards for recreational facilities; however, the existing deficiency in certain types of park facilities would be further exacerbated, thereby requiring the construction of new facilities. This would be a significant impact. (DEIR, p. IV.5-17.) Finding: Changes or alterations have been required in, or incorporated into, the Project that substantially lessen, but do not avoid, the potentially significant environmental effect associated with park facilities. No mitigation is available to render the effects less than significant. The effects (or some of the effects) therefore remain significant and unavoidable. Mitigation Measure: IV S-8: General Plan 2020 includes a number of policies and programs that would help limit potential impacts related to the construction of the needed recreational facilities. For example, Policy CON -6, Creek and Drainageway Setbacks, would reduce potential impacts to creeks and riparian habitats by requiring future development be sited a minimum of 25 feet (or up to 100 feet in certain circumstances) from the top of banks for all creeks. Policies AW -8, Reduce Pollution from Urban Runoff, and AW -9, Erosion and Sediment Control, would reduce potential water quality impacts due to erosion at construction sites by requiring and enforcing on-site runoff and sediment control. Program N -10b, Mitigation for Construction Activity Noise would, through environmental review, minimize the exposure of neighboring properties to excessive noise levels 77 from construction -related activities. Policy AW -4, Particulate Matter Pollution Reduction, and Program AW -4a ,Project Review would, through project review, help reduce particulate matter pollution due to construction activities. (DEIR, pp. IV.5-17 to IV.5-18.) Responsibility and Monitoring: The City Council would be responsible for adopting the policies and programs that would reduce construction -related impacts, such as those listed in Mitigation Measure IV.5-8, as part of General Plan 2020. The Community Development Department and Public Works Department would be responsible for implementing and monitoring those policies and programs. (DEIR, p. IV.5-18.) Explanation: Service standards for recreational facilities are set in the Municipal Code section 15.09.020 for the parklands dedication ordinance: three acres of park and recreation facilities per 1,000 residents. The current Planning Area population of 66,396 would require 199 acres to meet this standard. Within the City limits there are currently 144 acres, and within the entire Planning Area there are 2,894 acres of parklands. The projected year 2020 Planning Area population of 79,104 would require 237 acres to meet this standard. This is well within the 2,894 acres currently provided within the Planning Area. (DEIR, p. IV.5-17.) However, certain user groups are currently identified as deficient in park facilities. Needed facilities include full size soccer fields, a swim complex in central San Rafael, neighborhood parks in the Dominican and Canal neighborhoods, and a senior center. (DEIR, p. IV.5-17.) General Plan 2020 Programs LU -la, Five -Year Growth Assessment, and S -38a, Public Safety Facilities, and Policy I-2, Adequacy of City Infrastructure and Services, would help reduce potential impacts related to recreational facilities expansion by requiring monitoring of development and growth. These policies and programs would also use the Capital Improvements Program (CIP) to analyze the long-term facility needs and pursue studies to determine needed public safety facility improvements. By analyzing and forecasting potential facility needs, these programs can help the City prepare for future expansions and use existing facilities more efficiently. (DEIR, p. IV.5-17.) Even with such forecasting and long-term planning, the construction of the required facilities would potentially result in secondary construction -related impacts. Analysis of such site-specific impacts are beyond the scope of this EIR and would be evaluated as part of a separate site-specific environmental review. Therefore, this would be a significant impact. (DEIR, p. IV.5-17.) Significance After Mitigation: While these and other General Plan 2020 policies and programs would likely reduce many of the environmental impacts associated with the construction or expansion of recreational facilities to a less -than -significant level, analysis of potential impacts without identified sites and complete designs would be speculative. Therefore, this would remain a significant unavoidable impact. (DEIR, p. IV.5-18.) Impact IV.5-9 Library Services: Development consistent with General Plan 2020 could increase the demand for library services. This would be a significant impact. (DEIR, p. IV.5-18.) Finding: Changes or alterations have been required in, or incorporated into, the Project that substantially lessen, but do not avoid, the potentially significant environmental effect associated with library services. No mitigation is available to render the effects less than significant. The effects (or some of the effects) therefore remain significant and unavoidable. Mitigation Measure: IV. 5-9: General Plan 2020 includes a number of policies and programs that would help limit potential impacts related to the construction of the needed library facilities. For example, Policy CON -6, Creek and Drainageway Setbacks, would reduce potential impacts to creeks and riparian habitats by requiring future development be sited a minimum of 25 feet (or up to 100 feet in certain circumstances) from the top of banks for all creeks. Policies AW -8, Reduce Pollution from Urban Runoff, and AW -9, Erosion and Sediment Control, would reduce potential water quality impacts due to erosion at construction sites by requiring and enforcing on-site runoff and sediment control. Program N -10b, Mitigation for Construction Activity Noise would, through environmental review, minimize the exposure of neighboring properties to excessive noise levels from construction -related activities. Policy AW -4, Particulate Matter Pollution Reduction, and Program AW -4a, Project Review would, through project review, help reduce particulate matter pollution due to construction activities. (DEIR, p. IV.5-18 to IV.5-19.) Responsibility and Monitoring: The City Council would be responsible for adopting the policies and programs that would reduce construction -related impacts, such as those listed in Mitigation Measure IV.5-9, as 79 part of General Plan 2020. The Community Development Department and Public Works Department would be responsible for implementing and monitoring those policies and programs. (DEIR, p. IV.5-19.) Explanation: The City of San Rafael currently meets established library service standards. Based on the population increase projected in General Plan 2020, two additional branch libraries would need to be opened to maintain established service standards. As described in the setting section above, planning is underway for needed library facilities. Environmental review of the proposed expansion of Pickleweed Community Center (and library) will begin winter 2004. The Downtown Library will either be expanded or replaced at its current location. A location has not been selected for a north San Rafael facility so analysis of site-specific impacts would be speculative at this time; such impacts would be evaluated as part of a site-specific environmental review. Therefore, this would be a significant impact. (DEIR, p. IV.5-18.) Significance After Mitigation: While these and other General Plan 2020 policies and programs would likely reduce many of the environmental impacts associated with the construction or expansion of library facilities to a less -than -significant level, analysis of potential impacts without identified sites and complete designs would be speculative. Therefore, this would remain a significant unavoidable impact. (DEIR, p. IV.5-19.) IV.5-10: Wastewater Treatment Capacity — North of Puerto Suello Hill. Development consistent with General Plan 2020 would not generate wastewater flows that exceed the treatment capacity of the Las Gallinas Valley Sanitary District facilities. This would be a less -than -significant project specific impact. This would also be a less -than -significant cumulative impact. (DEIR, p. IV.5-19.) Finding: Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3),15091.) Mitigation Measure: None required. (DEIR, p. IV.5-20.) Explanation: The Las Gallinas Valley Sanitary District (LGVSD) owns and operates the treatment plant for the Planning Area north of Puerto Suello. The capacity of the plant in dry weather is 2.92 MGD; dry weather flow is currently measured at 2.2 MGD. The LGVSD service area includes all of the northern portion of the Planning Area. In addition, the LGVSD provides wastewater treatment service to the Marin Valley Mobile Country Club, which is located within the City of Novato, and the St. Vincent's/Silveira properties, which are no longer within the Planning Area. LGVSD currently accommodates 15,300 equivalent dwelling units (EDU) with 2.2 MGD. The district has determined that another 4,500 EDUs could be accommodated within the 2.92 MGD capacity of the facility. The projected growth in the northern portion of the Planning Area is well within the 4,500 EDU capacity. Furthermore, there is no significant increase in wastewater demand projected at the Marin Valley Mobile Country Club or due to development on the St. Vincent's/Silveira properties. In addition, to prepare for additional future growth, the LGVSD Board of Directors is developing a Capital Improvements Program (CIP) to expand capacity of the plant to 3.5 MGD. This CIP could be implemented within four years if the need arises. LGVSD reports that the district trunk lines and pump stations have sufficient capacity to handle present and future dry weather flow. However, the Las Gallinas trunk line has had some capacity problems during the heavy storm periods due to rainwater infiltration. Additionally, it was previously identified that future development in the Northgate area could require major upgrades to sewer lines. While LGVSD has made plans to implement such upgrades, LGVSD does not currently expect to need to upgrade those lines. (DEIR, pp. IV.5-19 to IV.5-20.) Based on information available from LGVSD, there is currently adequate capacity to accommodate development in the northern part of the Planning Area consistent with General Plan 2020. Such development would not require the construction of new facilities nor would it be expected to exceed the Regional Water Quality Control Board's wastewater treatment requirements. This would be a less -than -significant project -specific impact. Furthermore, because there is no projected need for additional wastewater services in LGVSD service areas outside of the Planning Area, development consistent with General Plan 2020 would not result in a significant cumulative impact nor would it make a cumulatively considerable contribution to a cumulative impact. (DEIR, p. IV.5- 20.) Significance After Mitigation: Because there is no projected need for additional wastewater services in LGVSD service areas outside of the Planning Area, development consistent with General Plan 2020 would not result in a significant cumulative impact nor would it make a cumulatively considerable contribution to a cumulative impact and would be less than significant without mitigation. (DEIR, p. IV.5-20.) 2 IV.5-11: Wastewater Treatment Capacity — South of Puerto Suello Hill. Development consistent with General Plan 2020 could generate wastewater flows that exceed treatment capacity of the Central Marin Sanitation Agency. This would be a significant project specific impact. This would also be a significant cumulative impact. (DEIR, p. IV.5-20.) Finding: Those changes or alterations required to mitigate or avoid the potentially significant effect associated with the wastewater treatment capacity south of Puerto Suello Hill are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency. No mitigation is available to render the effects less than significant. The effects (or some of the effects) therefore remain significant and unavoidable. Mitigation Measure: IV. 5-11(a): The CMSA shall conduct and complete a Capacity Management Alternative Study to determine the scope of needed improvements, costs, and expected benefits. The study shall include an analysis of storage alternatives at the CMSA treatment plan and the collection system to contain the peak flows. The study shall also identify feasible plant improvements, including increasing the number of treatment tanks, expanding the effluent pond, or building additional tanks to hold inflow, that shall be studied as part of the Capacity Management Study. In conjunction with the Capacity Management Study, the CMSA member agencies, including the San Rafael Sanitation District, shall conduct a condition assessment of their respective collection systems and develop planning documents for controlling stormwater infiltration inflow into sewer lines, which impacts peak flow conditions. Upon completion of the study, the CMSA Commission shall determine which improvements to pursue and the sources of funding. (DEIR, pp. IV.5-21 to IV.5-22, FEIR p. IX -573.) IV 5-11(b): General Plan 2020 includes a number of policies and programs that would help limit potential impacts related to the construction of the needed wastewater treatment facilities. For example, Policy CON -6, Creek and Drainageway Setbacks, would reduce potential impacts to creeks and riparian habitats by requiring future development be sited a minimum of 25 feet (or up to 100 feet in certain circumstances) from the top of banks for all creeks. Policies AW -8, Reduce Pollution from Urban Runoff, and AW -9, Erosion and Sediment Control, would reduce potential water quality impacts due to erosion at construction sites by requiring and enforcing on-site runoff and sediment control. Program N -10b, Mitigation for Construction Activity Noise would, through environmental review, minimize the exposure of neighboring properties to excessive noise levels from construction -related activities. Policy AW -4, Particulate Matter Pollution Reduction, and Program AW -4a, Project Review would, through project review, help reduce particulate matter pollution due to construction activities. (DEIR, p. IV.5-22.) Responsibility and Monitoring: CMSA would be responsible for studying and constructing additional treatment facilities, as needed, as identified in Mitigation Measure IV.5-11(a). The City Council would be responsible for adopting the policies and programs that would reduce construction -related impacts, such as those listed in Mitigation Measure IV.5-11(b), as part of General Plan 2020. The Community Development Department and Public Works Department would be responsible for implementing and monitoring those policies and programs. (DEIR, p. IV.5-23.) Explanation: The San Rafael Sanitation District (SRSD) collects wastewater in the Planning Area south of Puerto Suello Hill. This wastewater is treated by the Central Marin Sanitation Agency (CMSA), which receives wastewater flows from three agencies, the SRSD, Sanitation District 1, and Sanitation District 2. Sanitation District 1 serves the Larkspur, Ross Valley, and San Quentin areas. Sanitation District 2 serves the town of Corte Madera, portions of the Tiburon peninsula, portions of the Greenbrae boardwalk, portions of downtown Larkspur, and portions of unincorporated areas of the county. The SRSD states that its mainlines have adequate capacity to accommodate the additional growth expected under General Plan 2020. CMSA capacities vary depending on weather conditions: during dry weather conditions it has a capacity of 10 MGD, and during wet weather conditions the capacity varies from 90 to 125 MGD, depending on tidal conditions. Dry weather flows from SRSD to CMSA average around 4.5 MGD. Recent peak wet weather flows from SRSD to CMSA have been around 45 MGD. (DEIR, p. IV.5-20.) Dry weather wastewater flow from all three member agencies to CMSA is currently measured at eight MGD. Therefore, CMSA can handle an increase flow during dry weather of two MGD for all of the service areas combined. The projected San Rafael population increase would result in a 12 percent increase in flows throughout the Planning Area. A 12 percent increase in dry weather flows from SRSD would result in approximately 0.5 MGD of additional dry weather flows. Similar increases throughout all three service areas would result in approximately one MGD of additional dry weather flows. The additional flows from SRSD as well as the additional flows from all of the member agencies would be within the current capacity of the plant. Additionally, even as the dry weather flow capacity is approached, CMSA indicates that it would likely seek an 83 increase in rated capacity from regulatory agencies, rather than construct additional facilities, as they feel there is existing excess capacity in their system to justify a dry weather rated capacity increase. (DEIR, pp. N.5-20 to IV.5-21.) Wet weather flows vary with storm events, with a recent maximum flow at the CMSA plant reaching 110 MGD. As stated above, the trend over the past two decades has been increasing wet weather flows from CMSA member agencies to the CMSA treatment plant. This is for the most part due to changes made by the member agencies to their wastewater transport infrastructure. Member agencies systems, for the most part, rely on gravity to transport wastewater to the CMSA plant. Storm events can cause these systems to overflow, thus CMSA member agencies have been increasing their pumping capacity to prevent such sewer overflows. The added flow that results from this increased pumping has placed additional strain on the CMSA plant. (DEIR, p. N.5-21.) In wet weather conditions, with the same 12 percent increase in flows, an additional 6 MGD would be expected from the SRSD. Throughout both the Planning Area and the remaining service areas, an additional 13 MGD would be expected. These additional flows would be within the facility's maximum wet weather capacity of 125 MGD. However, due to the variability of the wet weather capacity (it ranges from 90 to 125 MGD) the system could potentially overflow in the case of a storm event coinciding with unfavorable tidal conditions. The additional flows from SRSD alone could cause this overflow condition, which would be compounded by flows from the other member agencies. CMSA is currently studying wet weather flows to identify means to reduce flow in the wet weather period as well as to identify ways to increase capacity. (DEIR, p. IV. 5-21.) Based on this information there would be sufficient capacity at CMSA to accommodate the proposed development in the southern part of the Planning area during dry weather flows without the construction of new facilities or exceeding wastewater treatment requirements. However, wet weather flows could potentially exceed plant capacities, which would potentially result in exceeding wastewater treatment requirements if additional facilities are not constructed. Thus, any development could result in significant water -quality impacts if wet weather flows exceeded planed capacities, as well as significant construction -related impacts for the construction of the necessary new facilities. This would be a significant project -specific impact. (DEIR, p. N.5-21.) The CMSA analysis includes development assumptions for both the Planning Area as well as the entire CMSA service area. Because flows to the CMSA plant already potentially exceed its treatment capacity, the additional flows expected from development in the Planning Area would represent a project -specific impact. Furthermore, those flows combined with the additional flows that could be expected due to an increase in development in the remainder of the CMSA service area would represent a significant cumulative impact. Implementation of General Plan 2020 would make a cumulatively considerable contribution to the cumulative impact. (DEIR, p. IV.5-21.) Significance After Mitigation: While the policies listed in Mitigation Measure IV. 5-11(b) and other General Plan 2020 policies and programs would likely reduce many of the environmental impacts associated with the construction or expansion of wastewater treatment facilities to a less -than - significant level, analysis of potential impacts without identified sites and complete designs would be speculative. (DEIR, p. IV.5-22.) In addition, the completion of a Capacity Management Alternative Study and the construction of additional wastewater treatment facilities would be beyond the jurisdiction of the City of San Rafael and would be the responsibility of CMSA and its member agencies. Although CMSA is currently planning on recommending to the CMSA Commission that such a study be undertaken in 2004, the City of San Rafael cannot be certain that the Capacity Management Alternative Study would be completed, additional facilities would be constructed, nor that construction -related mitigation would be implemented. (DEIR, p. N.5-22.) Program I -3a has been added to General Plan 2020, which requires the City to work with the Central Marin Sanitation Agency and San Rafael Sanitation District to ensure completion of a Capacity Management Alternative Study to determine the scope of needed improvements, costs, and expected benefits to avoid excess of water treatment capacity. (FEIR, p. IX -573.) This would remain a significant unavoidable impact. (DEIR, p. IV.5-22.) IV.5-12: Water Sunnly. Development consistent with General Plan 2020 could increase the demand for water in the Planning Area. This would be a significant project specific impact. This would also be a significant cumulative impact. (DEIR, p. IV.5- 23.) Finding: Those changes or alterations required to mitigate or avoid the potentially significant effect associated with the water supply are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency. No mitigation is available to render the effects less than significant. The effects (or some of the effects) therefore remain significant and unavoidable. Mitigation Measures: IV. 5-12(a): In order to meet the projected water demand and reduce existing and projected water supply impacts the MMWD shall: • Continue to research water conservation opportunities; • Research new water supply sources; and • Construct the necessary facilities or infrastructure improvements. MMWD has begun the planning process for a desalination plant and has researched funding opportunities. Potential startup would be in 2007. MMWD is also in the process of exploring additional opportunities to partner on water recycling with the Las Gallinas Valley Sanitary District and has aggressive water conservation programs in place. These programs shall be continued. (DEIR, p. IV.5-26, FE1R, p. IX -616.) IV.S-12(b): In order to limit potential impacts related to the construction of the water supply facilities and improvements required in Mitigation Measure IV.5- 11(a), MMWD shall implement the policies and programs included in General Plan 2020 that are intended to reduce construction -related impacts. For example, Policy CON -6, Creek and Drainageway Setbacks, would reduce potential impacts to creeks and riparian habitats by requiring future development be sited a minimum of 25 feet (or up to 100 feet in certain circumstances) from the top of banks for all creeks. Policies AW -8, Reduce Pollution from Urban Runoff, and AW -9, Erosion and Sediment Control, would reduce potential water quality impacts due to erosion at construction sites by requiring and enforcing on-site runoff and sediment control. Program N-1 Ob, Mitigation for Construction Activity Noise would, through environmental review, minimize the exposure of neighboring properties to excessive noise levels from construction -related activities. Policy AW -4, Particulate Matter Pollution Reduction, and Program AW -4a, Project Review would, through project review, help reduce particulate matter pollution due to construction activities. (DEIR, p. IV.5-26.) Responsibility and Monitoring: MMWD would be responsible for constructing additional water supply facilities, as needed, as identified in Mitigation Measure IV.5-12(a). The City Council would be responsible for adopting the policies and programs that would reduce construction -related impacts, such as those listed in Mitigation Measure IV.5-12(b), as part of General Plan 2020. The Community Development Department and Public Works Department would be responsible for implementing and monitoring those policies and programs. (DEIR, p. IV.5-27.) Explanation: The Marin Municipal Water District (MMWD) serves Marin County from the Golden Gate Bridge northward up to the southern boundary of Novato, eastward to San Francisco Bay, and through San Geronimo Valley in the west, including all of the Planning Area. :. Usage of potable and recycled water within the MMWD for fiscal year 2001-02 totaled 31,338 acre-feet. MMWD presently has two sources of potable water: 1) the MMWD watershed (surface water), and 2) Sonoma County Water Agency (SCWA) water. In addition, MMWD has implemented a recycled water program with the Las Gallinas Valley Water District treatment plant for water used in irrigation and toilet flushing. (DEIR, p. IV.5-23.) The potable water available from the MMWD watershed is effectively defined by the capacity of its reservoirs and the operational yield they supply. It is currently managed for an operational yield of 29,500 acre-feet per year. MMWD has two contracts with SCWA for water from the Russian River: the Off Peak Water Supply Agreement and the "As -Available" Water Supply Agreement. The Off Peak Agreement provides for delivery of up to 4,300 acre-feet of water per year, primarily during the period from October through May. The "As -Available" contract allows delivery of an additional 10,000 acre-feet per year. Total combined daily deliveries are limited to 12.8 MGD during summer months and 23 MGD during winter months. In addition, these deliveries are limited by the pipeline capacity in SCWA and North Marin Water Districts. Water use above the operational yield is considered a supply deficit as water transfers from the Russian River are not considered reliable at this point. (DEIR, pp. IV.5-23 to IV.5-24.) At the current level of use, SCWA water transfers are constrained by existing piping and water diversion issues. While SCWA is working to address these issues, the Agency is not projected to be able to deliver above the current supply level for at least five years. In addition, there are concerns about the long-term reliability due to the potential impact of increased Russian River diversions on salmon and steelhead populations. For this reason, MMWD is not proceeding with previous plans to fund pipeline improvements. (DEIR, p. IV.5-24.) Other limitations of use include daily treatment plant capacities. However, with current daily production of approximately 29 MGD and a maximum capacity of 59 MGD, these would not likely be the ultimate limiting factor on water supply to the Planning Area. (DEIR, p. IV.5-24.) A water supply deficit of 1,650 acre-feet was identified in 2000 and this shortfall is expected to increase to 7,900 acre-feet by year 2020 for the entire MMWD service area. As described in the Urban Water Management Plan, the District believes that additional water efficiency and demand management improvements and additional water supply will be necessary to meet its projected water demand through year 2025. (DEIR, p. IV.5- 24.) In 2000, MMWD served a population of 184,818, including the population within the Planning Area. For future water demand forecasts, MMWD uses, in part, ABAG population projections, and projects to serve a population of 198,846 by year 2020. While MMWD does not track water use in the Planning Area separately, this projection assumes a Planning Area population of 74,560 in the year 2020, less than the 79,104 residents projected for General Plan 2020. However, these projections also assume IN 30,500 households in the Planning area, which is slightly less than the 31,234 households projected for General Plan 2020. Thus MMWD projections are based on lower density development than that estimated for General Plan 2020. Typically approximately one- half of individual household water use is consumed by landscape irrigation, therefore the MMWD considers that the difference in population estimates is at least compensated by the increased population density assumptions. Thus, the MMWD considers that the water use planning estimates for the Urban Water Management Plan are consistent with the growth projected under General Plan 2020. (DEIR, p. IV.5-25.) MMWD has several aggressive water conservation programs in place. The MMWD also has a water shortage contingency plan, included in the Urban Water Management Plan, which includes a dry year water use reduction program and mandatory rationing. Water rationing, both voluntary and mandatory, is instituted based on the reservoir level. Voluntary rationing is triggered when there is total reservoir storage of less than 50,000 acre-feet on April 1. Mandatory rationing is triggered when there is total reservoir storage of less than 40,000 acre-feet on April 1. In addition, General Plan 2020 includes a policy, CON -21 Water Conservation, which would help reduce water use by supporting the extension of recycled water infrastructure and by providing water -conserving landscaping and water -recycling methods information to residents and businesses. (DEIR, p. IV.5-25; for further information see p. IX -573 of the FEIR.) Because of the water supply limitations, as identified above, MMWD has determined that it cannot serve additional growth within its service area without further increasing the supply deficit. Through its Integrated Water Resources Management Program MMWD is continuing its efforts to increase water conservation; is exploring additional opportunities to partner on water recycling with the Las Gallinas Valley Sanitary District, and has begun research into a new supply source based on desalination of water from the San Francisco Bay. In addition to the plant, which is currently proposed to be located in San Rafael, a three million gallon storage tank to hold the treated water would be constructed on San Quentin Ridge. In August 2003 MMWD distributed a Notice of Preparation for an EIR on the potential desalination project and has subsequently held scoping meetings and published a scoping report. Issues of concern at this time include energy use, water quality impacts, construction impacts, wildlife impacts, and cost. (DEIR, p. IV.5-25.) While the MMWD Board has approved work on an EIR for the proposed desalination plant, which would initially provide an additional 10 MGD of potable water, such a plant is still in the early planning phases and cannot be relied upon for additional water supply at this time. Therefore, with the current water supply deficit (as well as the projected deficit), any additional development within the Planning Area would represent a significant impact. In addition, when considered along with the potential development outside of the Planning Area but within the MMWD service area, development consistent with General Plait 2020 would represent a significant cumulative impact to water supply. Implementation of General Plan 2020 would make a cumulatively considerable contribution to the cumulative impact. (DEIR, pp. IV.5-25 to IV.5-26.) Significance After Mitigation: ED Implementation of the policies listed in Mitigation Measure IV.5-12(b) and other General Plan 2020 policies and programs would likely reduce many of the environmental impacts associated with the construction of the desalination plant to a less -than -significant level. However, the desalination process could result in additional environmental impacts not addressed by General Plan 2020. It is beyond the scope of this EIR to analyze specific impacts related to the construction and operation of the desalination plant. Also, it would be speculative to analyze the impacts of other improvements that MMWD determines would be necessary, as those improvements have not yet been identified. (DEIR, p. IV.5- 26.) In addition, research into, and development and construction of additional water supply facilities would be beyond the jurisdiction of the City of San Rafael and would be the responsibility of MMWD. The City cannot be certain that the necessary facilities would be constructed, nor that construction -related or operation -related mitigation would be implemented. (DEIR, p. IV.5-27.) Therefore, water supply impacts and secondary construction- and operations -related impacts would remain significant and unavoidable. (DEIR, p. IV.5-27.) Impact IV.5-13: Landfill Cavacity. Development consistent with General Plan 2020 could result in increased waste generation. However, there is expected to be sufficient landfill capacity to accommodate this increase. This would be a less -than -significant impact. (DEIR, p. IV.5-27.) Finding: Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.1 Mitigation Measure: None required. (DEIR, p. IV.5-28.) Explanation: Landfill service for the City of San Rafael is provided by the Redwood Landfill Facility, a 600 -acre site located in Marin County just north of Novato, off of Highway 101. This Facility is currently permitted to accept 2,300 tons per day, with a maximum permitted landfill capacity of 19,100,000 cubic yards. In 1999, businesses in San Rafael disposed of over 52,000 tons of material. Waste from residences in the same year amounted to 23,000 tons. Combined, residences and businesses in San Rafael disposed of a total of 75,000 tons, for an average 206 tons per day. In the same year, the landfill accepted a total of 356,348 tons, for an average of 976 tons per day. With a four percent increase in employment, and a 16 percent increase in households within the Planning Area, businesses and residences in San Rafael would be expected to dispose of an additional 2,080 tons and 3,680 tons of waste per year, respectively. Combined, this would result in a maximum of 80,760 tons per year and an average of 221 tons per day. Remaining capacity at the landfill is estimated to be 12,900,000 cubic yards, and it is currently permitted to remain open until year 2039. (DEIR, p. IV.5-27). Marin County recently conducted an environmental review for the Redwood Landfill Revised Solid Waste Facilities Permit. The previous permit had been issued in 1995 and the new permit is intended to reflect changes that have been implemented since the issuance of the previous permit. The permitted capacity reflects the number of years that the landfill would be expected to operate, while accepting the 2,300 tons allowed per day, before reaching the maximum 19,100,000 cubic yards. (DEIR, p. IV.5-27.) As explained above, additional development within the Planning Area would be expected to contribute additional landfill material. However, the Redwood Landfill has adequate capacity for this increase through the life of General Plan 2020. This would be a less - than -significant impact. (DEIR, p. IV.5-28). Significance After Mitigation: Redwood Landfill has adequate capacity for the increase due to additional development through the life of General Plan 2020 and would be less than significant without mitigation. (DEIR, p. IV.5-28). Impact IV.5-14: Electricitv. Natural Gas, and Gasoline Demand. Development consistent with General Plan 2020 would not increase the demand for electricity or gas beyond the capacity of these service providers. This would be a less -than -significant impact. (DEIR, p. IV.5-28.) Finding: Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.) Mitigation Measure: None required. (DEIR, p. IV.5-28.) Explanation: o PG&E has continued with a policy of upgrading their energy distribution system throughout the area, and will provide in-place infrastructure capacity suitable for expected future growth. PG&E expects that the relatively gradual residential and commercial growth projections for San Rafael would not cause a significant impact on PG&E's ability to provide service. PG&E expects that construction of major new electric distribution facilities would not be needed to meet the projected electrical demands. In addition, development consistent with the Draft General Plan 2020 would primarily be infill and mixed use development, which would require less energy used for transportation in an ongoing basis. Infill and mixed use development typically reduces energy used in transportation because such development typically does not require residents to travel far for services. New energy efficiency laws would also reduce energy use for electrical and gas systems in new development or reconstruction. Therefore, development consistent with General Plan 2020 would not be expected to result in the use of large amounts of additional fuel or energy. This would be a less -than -significant impact. (DEIR, p. IV.5-28). Significance After Mitigation: Development consistent with General Plan 2020 would not be expected to result in the use of large amounts of additional fuel or energy and would be less than significant without mitigation. (DEIR, p. IV.5-28). Cumulative Public Services and Utilities Impacts The projections for the provision of public services and utilities all consider both Planning Area growth pursuant to General Plan 2020, as well as all projected growth within each service area. Because several service areas extend beyond the boundaries of the Planning Area, cumulative impacts are considered within the larger service areas, when applicable. Future growth consistent with General Plan 2020 would increase population and introduce new structures to the Planning Area. This would contribute to cumulative impacts on fire protection services, police protection services, and library services until these services expand their facilities to meet service requirements for the additional population. Development pursuant to Draft General Plan 2020 would not have a cumulatively considerable impact to schools, as much of the development allowed under Draft General Plan 2020 would be multifamily developments which would not generate a student population that would exceed the schools' current capacity. This development would, however, contribute to existing park facilities and water supply deficits, which would result in significant cumulative impacts. Implementation of the Draft General Plan 2020 would make cumulatively considerable contributions to these cumulative impacts. The mitigation for the park cumulative impact would be the same as Mitigation Measure IV.5-8 and the mitigation for the water supply cumulative development would be the same as Mitigation Measure IV.5-12(a). This development would also contribute to cumulative wastewater treatment impacts at the Central Marin Sanitation Agency 91 treatment plant. The mitigation for this cumulative impact would be Mitigation Measure IV.5-11(a). Development in accordance with the Draft General Plan 2020, when considered alongside other development projected within Marin County, would increase the intensity of development in Marin County. Compliance with Federal, State, and local regulations concerning the storage and handling of hazardous materials and/or waste would reduce the potential for significant cumulative public health and safety impacts from hazardous materials to occur. Additionally, implementation of Mitigation Measures IV.5-3 and N.5-4 would further reduce potential hazardous materials impacts. Therefore, the impact of the Draft General Plan 2020 in addition to future development in surrounding areas would not be expected to affect significantly the number of people exposed to public health and safety risks from exposure to hazardous materials; this would be a less -than - significant cumulative impact. (FEIR, p. IX -652.) Finding See Findings for Impacts N.5-1 through IV.5-13. Mitigation Measure: See discussion above regarding mitigation measures under Impacts IV.5-1 through IV.5- 13. Significance After Mitigation See discussion above for Impacts IV.5-1 through IV.5-13. F. CULTURAL RESOURCES Impact IV.6-1: Impacts on Archaeological and Prehistoric Resources. Development consistent with the Draft General Plan 2020 has the potential to result in the disturbance of subsurface archaeological and prehistoric resources. However, the Draft General Plan 2020 would not change the requirements of the City's existing Archaeological Resource Protection Ordinance. Therefore this would be a less -than -significant impact. (DEIR, p. N.6-4.) Finding: Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.1 92 Mitigation Measure: None required. (DEIR, p. IV.6-5.) Explanation: San Rafael has a rich archaeological history as documented by 63 recorded archaeological sites throughout the Planning Area. These sites are located primarily at the base of hills on the perimeter of the San Pedro peninsula and in the Miller Creek area. Most of the recorded sites are located on developed properties with the highest concentrations in and around Downtown, Gerstle Park, and in the Glenwood/Peacock Gap areas. There are some sites in north San Rafael that are already developed as well. Under the proposed General Plan 2020, development of lands containing campsites or burial grounds of prehistoric inhabitants may occur. (DEIR, p. IV.6-4.) General Plan 2020 contains a policy and program in the Culture and the Arts Element that, if adopted and implemented, would act to further reduce the impacts to subsurface archeological and prehistoric resources. Policy CA -17, Protection of Archaeological Resources, would help reduce impacts to archaeological resources by identifying archaeological resources and potential impacts and providing information and direction to property owners with archaeological resources on their property. Program CA -17a, Archeological Resources Ordinance, would require that the City continue to implement the existing Archeological Resources Ordinance. (DEIR, p. IV.6-4.) The City currently does, and would continue to, require archaeological evaluation as part of the development review process consistent with the City's Archaeological Resource Protection Ordinance. The protections required by the Ordinance include, but are not limited to: 1) ceasing all work and contacting the City and a qualified archaeologist in the event that resources are discovered during grading and excavation; 2) contacting the Marin County Coroner; and 3) if any human remains are determined to be Native American, the Coroner shall contact the local Native American representatives and any agencies that have issued permits for the property. (DEIR, pp. IV.6-4 to IV.6-5.) Due to the implementation of Draft General Plan 2020 Policy CA -17, Protection of Archaeological Resources, as well as the continued implementation of the City's Archaeological Resources Ordinance this would be a less -than -significant impact. (DEIR, p. IV.6-5.) Significance After Mitigation: Due to the implementation of Draft General Plan 2020 Policy CA -17, Protection of Archaeological Resources, as well as the continued implementation of the City's Archaeological Resources Ordinance would be a less than significant without mitigation. (DEIR, p. IV.6-5.) 93 Impact IV.6-2: Impacts on Historic or Cultural Resources. Development consistent with the Draft General Plan 2020 would not result in the disturbance of historic or cultural resources. This would be a less -than - significant impact. (DEIR, p. IV.6-5.) Finding: Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.) Mitigation Measure: None required. (DEIR, p. IV.6-6.) Explanation: The city has numerous sites that are designated on local, state, and national lists that could be potentially impacted by development as proposed in the Draft General Plan 2020. Additionally, undesignated potential historical resources are located throughout the City. High concentrations of historic buildings are located in the Downtown, Gerstle Park and Dominican neighborhoods. As growth and development occur in these older areas of the community, as well as around other dispersed historic sites, potential demolition, destruction, relocation, or alteration of historic resources by redevelopment of sites with older buildings may occur. (DEIR, p. IV.6-5.) However, General Plan 2020 contains numerous policies and programs in the Culture and the Arts, and the Community Design Elements that, if adopted and implemented, would act to reduce the disturbance impacts to historic or cultural resources. (DEIR, p. IV.6-5.) These policies include Policy CA -14 Historic Buildings and Areas; Programs CA -14a Inventory Update, CA -14b Preservation Ordinance, and CA -14c Historic Preservation Advisory Committee; Program CA -14d Public Education, CA -14e Preservation Reference Materials, and CA -14f Public Events; Policy CA -15 Reuse of Historic Buildings; Programs CA -15a Historical Building Code, CA -15b Zoning and CA - 15d Incentives; Policy NH -31 Historic Character; Policy CD -4 Historic Resources; Programs CD -4a Documentation of Landmarks, CD -4b Historic Resources Information; CD -4c Adaptive Reuse, and CD -4d Sign Ordinance; Policy CD -7 Downtown and Marin Civic Center. Each of the policies and programs is discussed on pages IV.6-5 to IV.6 of the DEIR. The existing design review process, the protections afforded by the federal, state, and local listings of historic resources, and the Draft General Plan policies would all act to limit potential impacts on historic resources in the Planning Area. This would be a less - than -significant impact. (DEIR, p. IV.6-6). Significance After Mitigation: The existing design review process, the protections afforded by the federal, state, and local listings of historic resources, and the Draft General Plan policies would all act to limit potential impacts on historic resources in the Planning Area and would be less than significant without mitigation. (DEIR, p. IV.6-6). Cumulative Cultural Resources Impacts The cultural resources analysis considers all growth within the Planning Area and the cumulative impacts of such growth on cultural resources. Impacts to cultural resources are typically limited to the proximity of development, thus growth outside of the Planning Area boundaries would not compound or increase the severity of impacts to cultural resources from development pursuant to Draft General Plan 2020. Consistent with the Draft General Plan 2020 project sponsors would be required to take appropriate measures to protect or preserve cultural resources affected by individual projects, thus this would be a less -than -significant cumulative impact. (FEIR, pp. IX -652 to IX -653.) Finding Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.) Mitigation Measure: None required. (FEIR, pp. IX -652 to IX -653.) Significance After Mitigation Cumulative cultural resources impacts would be less than significant. G. VISUAL OUALITY Impact IV.7-1: Scenic Resources. Development consistent with the Draft General Plan 2020 could impact scenic vistas and visual natural resources within the Planning Area. However, the development review and design review processes already in place in the City, combined with new policies outlined in the Draft General Plan 2020 would limit the impact of new height allowances. This would be a less -than -significant impact. (DEIR, p. IV.7-3.) Finding: 95 Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.1 Mitigation Measure: None required. (DEIR, p. IV.7-3.) Explanation: New development in accordance with the Draft General Plan 2020, if not carefully designed, could result in adverse impacts on existing vistas and the creation of aesthetically offensive sites open to public view. Exhibit CD -1 in the Draft General Plan 2020 identifies the visually significant hillsides, ridges, and landforms that would be of the most concern. Views to the bay from these hillside areas would also be of concern and could be impacted by development as proposed in the Draft General Plan 2020. (DEIR, p. N.7-3.) It is also possible that development pursuant to Draft General Plan 2020 could adversely impact views from some private residences. Private view protection is a prohibitive task because of the difficulty of defining which views to preserve given San Rafael's varied topography, the interest in tree preservation, the cost of administration, and the conflict between private interests and the public good. The City has determined that identifying and preserving, where possible, views from the public vantage points and views enjoyed by the larger community (and not a few property owners), are important for the image of the City and should be recognized by City policy. The City, therefore, does not consider impacts to private views to be significant within the context of CEQA. (FEIR, p. IX - 617.) Two proposed changes have been made in General Plan 2020 that may cause some loss of these scenic vistas. In the Neighborhood Commercial land (NC) use designation, an additional six feet, from 30 to 36 feet, would be allowed to better accommodate mixed- use development as retail typically requires a higher first floor ceiling height. The Neighborhood Commercial land use designation is used in few locations in the Terra Linda, on Smith Ranch Road, Merrydale, Loch Lomond, East San Rafael, Downtown/GerstlePark/Picnic Valley, and in Bret Harte neighborhoods. All of these parcels, except for one NC lot in the Loch Lomond neighborhood, are currently developed. Were these parcels to redevelop, the additional height could affect views of nearby surrounding hillsides identified as visually significant in Exhibit CD -1 in the Draft General Plan 2020. Areas of particular concern would be where such development is in close proximity to these hillsides, such as in the Bret Harte neighborhood. Also new to the General Plan, a two story height bonus would be allowed for affordable housing in the North San Rafael Town Center. Draft General Plan 2020 Policy LU -14 Height Bonuses would allow this additional height in the General Commercial areas around the Northgate Mall. Such allowances could adversely affect views of the nearby surrounding hillsides identified as visually significant in Exhibit CD -1 in the Draft we General Plan 2020, including the significant landforms directly southeast and west of the sites, and another landform to the south. General Plan 2020 contains several policies in the Community Design and Open Space Elements that, if adopted and implemented, would act to reduce the adverse impacts on scenic vistas and visual natural resources by preserving and ensuring that new development in San Rafael has desirable physical scale and design features, particularly in relation to existing development. (DEIR, p. IV.7-3.) Policy CD -5, Views, would help reduce impacts to scenic resources by developing a design plan for Canalfront, and by continuing to evaluate view impacts as part of the design review and environmental review processes. Policy CD -6, Hillsides and Bay, would help reduce impacts to the scenic resources of the hillsides and the Bay by means of controlling development on hillsides (through the design review process) and providing setbacks and public access along the Bay. (DEIR, p. IV.7-3.) With implementation of the development review and design review processes, as outlined in the Draft General Plan 2020 policies listed above, the potential impacts related to the height allowances would be less -than -significant. (DEIR, p. IV.7-3.) Significance After Mitigation: With implementation of the development review and design review processes, as outlined in the Draft General Plan 2020 policies listed above, the potential impacts related to the height allowances would be less than significant without mitigation. (DEIR, p. IV.7-3.) Impact IV.7-2: Conflicts with Adioinine Development. Development consistent with the Draft General Plan 2020 could potentially conflict with adjoining development relative to height within the Planning Area. However, the design review processes already in place in the City, combined with the new design guidelines outlined in the Draft General Plan 2020 would limit the impact of potential conflicts. This would be a less -than - significant impact. (DEIR, p. IV.7-4.) Finding: Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.) Mitigation Measure: None required. (DEIR, p. IV.7-4.) Explanation: 97 General Plan 2020 could result in development of buildings and structures that are out of scale with or considerably taller than existing adjoining development. This could be particularly significant in areas in or adjacent to Downtown or new development in hillside or waterfront areas. (DEIR, p. IV.7-4.) However, General Plan 2020 contains numerous policies in the Community Design and Neighborhood Elements that, if adopted and implemented, would act to reduce the potential height and scale conflicts with adjoining development. (See DEIR, p. IV.7-4.) These policies include: Policy CD -10 Downtown Design; Policies CD -11 Nonresidential Design Guidelines, CD -12 Multi -family Design Guidelines, and CD -14 Single Family Residential Design Guidelines; Policy NH -2 New Development in Residential neighborhoods; Policies NH -34 Fourth Street Retail Core Design Considerations, NH -36 Hetherton Office District Design Considerations, NH -38 Lindaro Office District Design Considerations, NH -40 Second/Third Mixed Use District Design Considerations, NH -42 West End Village Design Considerations, NH -44 Fifth/Mission Residential/Office District Design Considerations, NH -51 Waterfront Design, NH -105 New Development (Fairhills), and NH -121 Loch Lomond Marina. Each of these programs and policies is discussed on pages IV.7-4 of the DEIR. Though careful implementation of the design guidelines and through the use of the design review process, potential impacts related to conflicting adjoining development would be less -than -significant. (DEIR, p. IV.7-4.) Significance After Mitigation: Though careful implementation of the design guidelines and through the use of the design review process, potential impacts related to conflicting adjoining development would be less than significant without mitigation. (DEIR, p. IV.7-4.) Impact IV.7-3: Visual Settine and Character of the Citv. Development consistent with General Plan could alter or degrade the visual setting or character of the city. However, the design review process already in place in the City, combined with numerous policies in General Plan 2020, would limit the impact of potential impacts to the visual setting and character of the city. This would be a less -than -significant impact. (DEIR, p. IV.7-4.) Finding: Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.) Mitigation Measure: None required. (DEIR, p. IV.7-6.) Explanation: Implementation of General Plan 2020 would result in increased urban growth, which could alter the visual setting or character of the Planning Area. This additional development could be perceived as a negative aesthetic impact in comparison to its current state. Many San Rafael neighborhoods have a unique and distinctive character or design quality that give each area its own identity. Many residents feel that this identity should be respected and preserved. (DEIR, p. IV.7-4.) General Plan 2020 contains policies under the Community Design and Neighborhoods Elements designed to preserve, protect, and promote the existing aesthetic features of San Rafael and apply them to new development. The policies and implementing programs, if adopted and implemented, would reduce the alteration or degradation of the visual setting or character of the City under the proposed General Plan 2020. Most of these policies are intended to maintain or improve the existing character of each neighborhood through design review and further development of design guidelines. (See DEIR, pp. IV.7-5 to IV.7-6.) The programs and policies include: Policy CD -1 City Image. Policies CD -2 Neighborhood Identity and CD -3 Neighborhoods; Policy CD -7 Downtown and Marin Civic Center; Policies CD -11 Nonresidential Design Guidelines, CD -12 Multi -family Design Guidelines and CD -14 Single -Family Residential Design Guidelines; Policy CD - 13 Industrial Areas; Policy CD -16 Participation in Project Review; Policy NH -2 New Development in Residential Neighborhoods; Policy NH -27 Special Place and NH -28 Downtown Design, NH -32, Downtown's Neighbors; Policies NH -34 Fourth Street Retail Core Design Considerations, NH -36 Hetherton Office District Design Considerations, NH -38 Lindaro Office District Design Considerations, NH -40 Second/Third Mixed Use District Design Considerations, NH -42 West End Village Design Considerations, NH -44 Fifth/Mission Residential/Office District Design Considerations, NH -51 Waterfront Design, and NH -59 Design Considerations for Development in the Vicinity of the Civic Center; Policy NH -69 Dominican University Hillside Area; Policy NH -98 San Quentin Ridge; Policies NH -105 New Development (Fairhills), NH -116 New Development (Gerstle Park), NH -117 Architectural Design (Gerstle Park), and NH -155 New Development (Sun Valley); Policy NH -121 Loch Lomond Marina; Policies NH -129 Design Blend and NH -140 Design Excellence; Policy NH -160 Eichler Homes. Each of these policies and programs is discussed on pages IV.7-5 to IV.7-6 of the DEIR and FEIR, p. IX -493 and IX -533. Significance After Mitigation: Though implementation of the design guidelines, through the use of the design review process, and through the implementation of General Plan 2020 policies, potential impacts related to conflicting adjoining development would be less -than -significant. (DEIR, p. IV.7-6.) Impact IV.7-4: Niehttime Liehtine and Glare. Development consistent with General Plan 2020 could create new sources of light or glare and increase nighttime lighting in the area. This would be a significant impact. (DEIR, p. IV.7-6.) Finding: Changes or alterations have been required in, or incorporated into, the Project that avoid the significant environmental effect as identified in the Final EIR. Mitigation Measure: IV. 7-4: In order to minimize light trespass and greater overall light levels in the city, new development and projects making significant parking lot improvements or proposing new lighting shall be required to prepare a lighting plan for review by City planning staff. A new implementing program should be added in the General Plan — CD -21b Lighting Plan (Timeframe: Short Term) to require design guidelines to include the following provisions for lighting plans: • All light sources should be fully shielded from off-site view. • All lights to be downcast except where it can be proved to not adversely affect other parcels. • Escape of light to the atmosphere should be minimized. • Low intensity, indirect light sources should be encouraged, except where other types of lighting is warranted for public safety reasons. • On -demand lighting systems should be encouraged. • Mercury, metal halide, and similar intense and bright lights should not be permitted except where their need is specifically approved and their source of light is restricted. (DEIR, pp. IV.7-6 to IV.7-7 and FEIR, p. IX -537.) Responsibility and Monitoring: The City Council would be responsible for adopting the new program proposed in Mitigation Measure IV.7-4 as part of General Plan 2020. The Community Development Department would be responsible for monitoring its implementation, through program CD -21a Site Lighting and through the Design Guidelines, which is referenced in CD -21b Lighting Plan. (DEIR, p. IV.7-7.) 100 Explanation: Nighttime lighting and glare associated with existing development in the City can impact nighttime views. Intensification of that existing development with new mid -rise offices, hotels, a cinema, and residential development could increase nighttime light trespass on adjoining areas and has the potential to increase glare visible from adjacent areas and roadways. Stationary light sources have the potential to adversely affect residences through spillover into adjacent properties. New light sources could also result in a greater overall level of light at night, thus reducing night sky visibility and affecting the general character of the community. (DEIR, p. IV.7-6.) General Plan 2020 contains several policies in the Community Design Element that, if adopted and implemented, would act to reduce the nighttime lighting and glare impacts due to new development. (See DEIR, p. IV.7-6.) Policies CD -11 Non-residential Design Guidelines and CD -12 Multi -family Design Guidelines would both reduce lighting impacts by developing design guidelines, including lighting guidelines, to ensure that development fits within and improves the neighborhood and community. Policy CD -21 Lighting would allow adequate site lighting while controlling excessive light spillover and glare through the design review process. Program CD -21a Site Lighting would evaluate site lighting for safety and glare through the design review process. These policies and programs would reduce some potential lighting and glare impacts, particularly those related to spillover and glare and the general character of the community. However, they would not reduce impacts related to sky visibility and the overall level of light at night. This would be a significant impact. (DEIR, p. IV.7-6.) Significance After Mitigation: Implementation of General Plan 2020 policies and the above mitigation measure would reduce the nighttime lighting and glare impact of General Plan 2020 to a less -than - significant level. (DEIR, p. IV.7-7.) Cumulative Visual Quality Impacts The visual quality analysis (see Section IV. 7 Visual Quality of the Draft EIR) considers all development within the Planning Area and therefore considers also the cumulative impacts for such development. Visual quality impacts are typically limited to the proximity of development, thus growth outside of the Planning Area boundaries would not compound or increase the severity of impacts to visual quality from development pursuant to General Plan 2020. Future development within the Planning Area consistent with General Plan 2020 would result in the intensification of existing urban uses, but very little conversion of vacant lands or open spaces. Such development would be subject to the City's development review process and would not contribute to cumulative visual quality impacts, particularly as in many cases new development would be expected to improve the visual 101 quality of some neighborhoods. Cumulative development within the Planning Area could, however, contribute to cumulative nighttime lighting and glare impacts, although implementation of Mitigation Measure IV.74 would reduce this potential impact. This would be a less -than -significant cumulative impact. (FEIR, p. IX -653.) Finding Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.) Mitigation Measure: None required. (FEIR, p. IX -653.) Significance After Mitigation Cumulative visual quality impacts would be less than significant. H. BIOLOGICAL RESOURCES Impact IV.8-1: Special -Status Plant and Animal Species. Implementation of General Plan 2020 could affect a number of federally or state listed plant and animal species directly through incidental take or indirectly through habitat destruction. This would be a significant impact. (DEIR, p. IV.8-2.) Finding: Changes or alterations have been required in, or incorporated into, the Project that avoid the significant environmental effect as identified in the Final EIR. Mitigation Measure: .IV. 8-1: Two new implementing programs shall be added to General Plan 2020: CON -14b, Surveys, to require that vacant sites are surveyed for the presence or absence of relevant special status species prior to development approval; and CON -14c, Minimization, to require that where impacts to special status species are deemed unavoidable, potential impacts to the identified species are minimized through design, construction, and operation of the project. Compensation measures could include on-site set asides or off-site acquisitions (e.g. conservation easements, deed restrictions, etc.) that would be required if project impacts result in direct loss or indirect impacts that cannot be mitigated in other ways. This might 102 also involve species-specific enhancement restoration efforts for the mitigation lands. If special status plant and animal species are determined to be absent based on appropriately timed protocol level surveys (were applicable), consistent with CON -14b, or the project was able to avoid significant impacts to these species, then further mitigation, as outlined in proposed program CON -14c would not be warranted. When surveys conducted as outlined above establish the presence of one or more special status species, and impacts to these species are deemed unavoidable, site-specific mitigation, as outlined in proposed program CON -14c may need to be implemented. (DEIR, pp. IV. 8-5 to IV. 8-6 and FEIR, p. IX -604.) Responsibility and Monitoring: The City Council would be responsible for adopting the above amended programs as part of General Plan 2020 to ensure special status species are not harmed. Implementation of on- or off-site acquisitions or restoration as required by Mitigation Measure IV. 8-1 would be the responsibility of the individual applicant who would be impacting the special - status species. Overall implementation and enforcement of these programs would be dependent on the development plans of the individual project and its impacts. Each applicant would be responsible to hire qualified biologists to guide them in their efforts. The Community Development Department would be responsible for monitoring the implementation of these policies. (DEIR, p. IV.8-6.) Explanation: There are a number of state and federally listed threatened and endangered species known to occur on or in the vicinity of the Planning Area, most of which would occur in wetland habitats. Protocol level surveys were not conducted in the Planning Area during the General Plan 2020 process. The California Natural Diversity Database, assembled and updated by the California Department of Fish and Game, and other relevant resources which cite local occurrences, were relied upon in compiling a species account search within the Planning Area. Biotic habitats were then used as a basis in deciding which species were of greatest concern. Most of the species of greatest concern occur in wetland habitats, although species of concern also occur in grasslands, agriculture, and oak savanna/woodlands habitats. (DEIR, pp. IV.8-2 to IV.8-3.) Wetland species Wetland species include the California clapper rail, salt marsh harvest mouse, California freshwater shrimp, Central California coast steelhead rainbow trout, tidewater goby, California red -legged frog, and black rail. Areas of greatest concern (although 103 development is not restricted to these areas) in regards to the above wetland species are those areas along the creeks and bays. In the northern portion of the Planning Area, there are a few vacant parcels along Gallinas Creek where both listed rail species and the salt marsh harvest mouse have been observed and where the tidewater goby could potentially occur. The few vacant parcels along the Miller Creek, in particular the parcels designated for Hillside Residential on the northwest corner of the intersection of Highway 101 and Lucas Valley Road, may impact the steelhead and California red -legged frog. In the southern portion of the Planning Area, there is one vacant lot designated for Low Density Residential along the San Rafael Creek where development may impact the tidewater goby, two listed rail species, western snowy plover, and salt marsh harvest mouse. Also, the parcels adjacent to the Canalways that are designated as Light Industrial/Office may impact these same species, with the exception of the tidewater goby. (DEIR, p. IV.8-3; see FEIR pp. IX -23 to IX -28 for further discussion of biological resources on Canalways site.) General Plan 2020 includes some policies and programs that would reduce potential impacts to wetland habitats and the associated species. (See DEIR, pp. IV.8-3 to IV.8-4.) These include: Policies CON -2 Wetlands Preservation, CON -3 Unavoidable Filling of Wetlands, and CON -4 Wetland Setbacks; Policies CON -6 Creek and Drainageway Setbacks, CON -7 Public Access to Creeks, and CON -8 Enhancement of Creeks and Drainageways. These policies and programs are discussed on page IV.8-3 of the DEIR and pp. IX -599 to IX -603 of the FEIR. Further, Policy NH -46 provides for protection of all on-site wetland areas at future developments in California Park. (FEIR, p. IX -495) Compliance with state and federal wetlands protection regulations would also minimize impacts to these species. Both state and federal laws would require prior authorization from the California Department of Fish and Game (CDFG) and/or the US Fish and Wildlife Service (USFWS) for any project that would result in a "take" of a state or federally listed species. Proposed development within wetland areas would also be required to adhere to the setback requirements associated with any Section 404 Clean Water Act permits, administered by the US Army Corps of Engineers (USACE), Section 401 Water Quality Certification, administered by the Regional Water Quality Control Board (RWQCB), and/or Section 1603 California Fish and Game Streambed Alteration Agreements, administered by the CDFG. (DEIR, p. IV.8-4.) While implementation of the listed General Plan 2020 policies and programs, in addition to compliance with state and federal wetlands protection regulations would minimize impacts to wetland species and their habitats, development consistent with General Plan 2020 would slightly increase the intensity of development directly adjacent to a few of these habitats, which may potentially impact these species. (DEIR, p. IV.8-4.) Other Species A number of other special -status species (such as various raptor and songbird species), which do not have the same protection as federally or state listed wetlands species occur, or potentially occur, in portions of the Planning Area. The undeveloped parcels that are 104 characterized as grasslands, agriculture, and oak savanna/woodlands that are contiguous with existing developed areas would be the areas with the highest potential of supporting any of these species. Development in these areas would therefore have the greatest potential to impact special -status species. The parcels of greatest concern would be those adjacent to China Camp State Park and the other parks and preserves in that area. There are a number of currently vacant parcels along the northern, western, and southern boundaries of this park and preserve system that are designated for various residential land uses under General Plan 2020. Additionally, development of the vacant parcel located at the intersection of Highway 101 and Lucas Valley Road would reduce the available habitat for these species. (DEIR, p. 1V.8-4.) Vacant parcels interspersed in the existing developed areas could also support habitat suitable for these species depending on the current conditions of the parcel and the prevalence of moderate to high quality biotic habitats. Redevelopment or infill development of these parcels would potentially impact special status species using that land as habitat. Development on these types of undeveloped parcels could potentially be a significant impact to special status species due to habitat loss. (DEIR, p. IV.8-4.) General Plan 2020 provides land use designations, such as the Parks, Open Space, and Conservation land use categories that would protect the vast majority of the biotic habitats that support these species. These undeveloped areas are primarily made up of the oak savanna/woodland and grassland habitats located along the western boundary, northwestern corner, and eastern boundary of the Planning Area. Other areas that have been designated Parks, Open Space, or Conservation are the riparian habitats along the various creeks and wetland habitats in the eastern portion along the San Pablo and San Rafael Bays. Potential habitat for special status species is largely protected because General Plan 2020 proposes redevelopment, infill development, and development in areas contiguous to existing development, which minimizes impacts to the wildlife habitats in the Planning Area. General Plan 2020 provides for slight expansions in the existing urbanized/developed land uses by relying on existing infrastructure. (DEIR, p. IV.8-4.) In addition, General Plan 2020 would not allow for the conversion of large undeveloped parcels to developed uses. In fact, a number of the larger lots have been removed from the Planning Area or designated with a new land use in General Plan 2020. For instance, the St. Vincent's Silveira properties have been removed from the Planning Area. The vacant parcels that are designated for future development are primarily small in size and interspersed throughout existing developed areas. (DEIR, p. IV.8-5.) General Plan 2020 also contains policies in the Conservation Element, in particular under Protected Habitat: Native Plants, Animals and Wildlife Habitat, which if adopted and implemented could be used as guidelines to reduce potential impacts to special -status plant and animal species. (See DEIR, p. IV.8-5). These policies include: CON -1 Protection of Environmental Resources; Policies CON -13 Threatened and Endangered Species and CON -14 Special Status Species, and are discussed on DEIR page IV. 8-5 and FEIR, p. IX -604. 105 The CDFG Code and the federal Migratory Bird Treaty Act also provide some protection to these species, in particular to nesting raptors. The CDFG Code would offer some protection to the various hawks and owls that may nest within the riparian corridors of creeks and the oak savanna/woodlands of the Planning Area. The code may also offer some protection to the burrowing owls and short -eared owls that may nest in or near the grassland habitat, which is interspersed between the oak savanna/woodland habitat, urbanized/developed areas, and in agricultural fields located in the northern portion of the San Rafael Planning Area west of Highway 101. Compliance with these regulations would require that any site development activities during the raptor nesting season (February through August) be preceded by preconstruction survey. Surveys would be conducted by a qualified biologist within 30 days of the onset of construction. Upon discovery of active nests within construction zones, suitable development -free buffers would be required around each nest in consultation with the CDFG. These regulations would also require that resident burrowing owls be passively removed after the breeding season (September through January) according to CDFG approved methods. Both state and federal laws would require prior authorization from the CDFG and/or the USFWS for any project that would result in a "take" of a state or federally listed species. (DEIR, p. IV.8-5.) Significance After Mitigation: Mitigation Measure IV. 8-1 outlines the actions that would be required in order to avoid potential impacts to the various federally and state listed plant and animal species that are known to occur on or in the Planning Area. These actions have been incorporated into programs CON -14b and CON -14c. (FEIR, p IX -605.) Impacts to special -status species will be reduced to a less -than -significant level. (DEIR, p. IV.8-6.) Impact IV.8-2: Sensitive Natural Communities. A number of sensitive natural communities would be affected by the implementation of General Plan 2020 either directly in undeveloped areas designated for development or indirectly by intensifying the land use adjacent to current undeveloped lands. This would be a significant impact. (DEIR, p. IV.8-6.) Finding: Changes or alterations have been required in, or incorporated into, the Project that avoid the significant environmental effect as identified in the Final EIR. Mitigation Measure: IV. 8-2: In order to reduce impacts to oak savanna/woodland habitat proposed development should either avoid, minimize, or compensate for loss of oak savanna/woodland habitat. Anew implementing program — CON -1 Oa 106 Oak Savanna/Woodland Habitat Protection - to require that proposed developments with potential impacts to oak savanna/woodland habitat shall either avoid, minimize, or compensate for the loss of oak savanna/woodland habitat. Avoidance would be the preferred measure where feasible. If it is deemed that an impact is unavoidable, minimization of direct and indirect impacts or compensation through habitat restoration, creation, or enhancement would be required. (DEIR, p. IV. 8-7 and FEIR, p. IX -604.) Responsibility and Monitoring: The City Council would be responsible for adopting the above program as part of General Plan 2020 to ensure sensitive natural communities are not harmed as a result of this project. The Community Development Department would be responsible for monitoring the implementation of the program. (DEIR, p. IV.8-8.) Explanation: General Plan 2020 would allow for only a small amount of natural habitats in the Planning Area to be converted to developed land uses. The conversion of vacant parcels to developed uses occurs primarily along the margins of existing development and therefore results in minimal affects on the natural biotic communities in the City. The subsequent loss of natural communities to development of vacant parcels along the margins is expected to result in relatively small loss of important plant and wildlife habitat in the Planning Area. (DEIR, p. IV.8-6.) The majority of the sensitive habitats that occur in the Planning Area would remain in their current condition as undeveloped and would have Parks, Open Space, or Conservation land use designations under General Plan 2020. A major change with General Plan 2020 is the removal of the St. Vincent's/Silveira properties from the northeastern portion of Planning Area. The habitats of St. Vincent's/Silveira consist of grasslands, agricultural, riparian, and oak savanna/woodland and this area is no longer within the Planning Area. (DEIR, p. IV.8-7.) Most of the sensitive biotic habitat potentially not remaining in their current condition would be oak savanna or oak woodland habitat. While there will only be a small loss of this habitat, a few of the vacant parcels of oak savanna/woodlands that are zoned for residential land uses include the parcel at the intersection of Highway 101 and Lucas Valley Road, parcels along the southwestern boundary of the Planning Area, and the parcels located adjacent to China Camp State Park and the other parks and preserves in that region. (DEIR, p. IV.8-7.) General Plan 2020 contains policies in the Conservation Element, in particular under Protected Habitat: Native Plants, Animals and Wildlife Habitat, which if adopted and implemented, could be used as guidelines to reduce potential impacts to sensitive natural 107 communities such as wetlands and riparian habitat. These include policies CON -1 Protection of Environmental Resources, and CON -9 Native and/or Sensitive Habitats, and CON -10 Impacts to Sensitive Habitats. (See DEIR, p. IV.8-7.) Impacts to wetland and riparian habitats are discussed further in Impact IV.8-3. Any impact to oak savanna/woodlands, such as the potential development described above, would be considered to be significant. (DEIR, p. IV. 8-7.) Significance After Mitigation: Mitigation Measure IV.8-2 outlines the actions that would be required in order to mitigate for potential impacts to sensitive natural communities that are known to occur within the Planning Area. The requirements of Mitigation Measure IV.8-2 have been incorporated into program CON -10b. (FEIR, p. IX -604.) Impacts will be less than significant. (DEIR, p. IV.8-7.) Impact IV.8-3: Federallv Protected Wetlands. Implementation of General Plan 2020 could affect a number of federally protected wetlands including marshes, streams, and various other wetlands which support a number of important plant and animal species. With implementation of the policies and programs in General Plan 2020 this would be a less -than -significant impact. (DEIR, p. IV.8-8). Finding: Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.1 Mitigation Measure: None required. (DEIR, p. IV.8-10.) Explanation: General Plan 2020 would allow for minimal redevelopment and/or infill of parcels along wetland habitats in the Planning Areas. The areas of greatest concern are those vacant parcels that are located along wetland habitat and could be developed under General Plan 2020. In the northern portion of the Planning Area these include vacant parcels along Gallinas Creek where it empties into San Pablo Bay, a small stretch of Gallinas Creek upstream, the parcel located at the intersection of Highway 101 and Lucas Valley Road which is adjacent to Miller Creek, and a few vacant parcels upstream from that property along Miller Creek. There are also various small drainages located on the vacant parcels that abut China Camp State Park and adjacent parks and preserves. In the southern portion of the Planning Area, there are two vacant parcels along the Bays, one directly 108 south of the China Camp State Park property and the other near Loch Lomond Marina that would have a Low Density Residential land use under General Plan 2020. Other areas of concern are the few parcels along San Rafael Creek, parcels adjacent to the Canalways property, and a wetland between Woodland Avenue and Auburn Street. (DEIR, pp. N.8-8.) The Background Report (2001) identified a significant portion of the Canalways site as wetlands. The site-specific implementing program recognizes that a wetlands delineation will assist in identifying appropriate area(s) for development. (FEIR, p. IX -500.) As with all wetland habitat adjacent to development, should redevelopment or infill be proposed along this habitat, certain measures would be required to reduce potential impacts to wetland habitats. If construction were to be proposed adjacent to any wetland habitat, a delineation (verified by the USACE) may be required to ensure that wetland habitats are avoided to the maximum extent practicable. Section 10 jurisdiction can only be determined from updated maps showing the location and extent of historic tidal sloughs once present in areas that are now cultivated fields. USACE permit requirements can be determined only after the full extent of wetland habitats, historic tidal sloughs and other jurisdictional waters have been identified within the Planning Area. SanRafael's wetlands overlay zoning district requires, when development is proposed, a wetlands delineation of site wetlands. (DEIR, pp. IV.8-8 to IV.8-9.) General Plan 2020 contains many policies in the Conservation Element, in particular under Protected Habitat: Wetlands, which if adopted and implemented could be used as guidelines to reduce potential impacts to federally protected wetlands. These policies include: CON -1 Protection of Environmental Resources; CON -2 Wetlands Preservation; CON -3 Unavoidable Filling of Wetlands; CON -4 Wetland Setbacks; Program CON -5 Diked Baylands; Policy CON -6 Creek and Drainageway Setbacks; Policies CON -7 Public Access to Creeks and CON -8 Enhancement of Creeks and Drainageways. (See DEIR, pp. IV.8-9 to IV.8-10 and FEIR, p. IX -599 to IX -603.) In addition to the policies outlined in General Plan 2020 regarding federally protected wetlands, development of vacant parcels that impact wetland habitats would need to comply with the appropriate provisions of Section 404 Clean Water Act permits (USACE), Section 401 Water Quality Certification (RWQCB), and/or Section 1603 California Fish and Game Streambed Alteration Agreements (CDFG). Mitigation in the form of habitat creation/restoration may be required before the commencement of development. (DEIR, p. IV.8-10.) Significance After Mitigation: Compliance with General Plan 2020 programs and policies, along with state and federal laws, would provide protection for the few wetlands that would potentially be impacted as a result of development consistent with General Plan 2020. Therefore, this would be a less -than -significant impact. (DEIR, p. IV.8-10.) 109 Impact IV.8-4: Movement of Native Wildlife. Development in vacant parcels would occur adjacent to current development and would be limited to small areas. The majority of current undeveloped lands in the Planning Area would not be fragmented or developed with a higher intensity land use. Therefore, the movement of native wildlife would not likely be affected by the implementation of General Plan 2020. This would be a less -than -significant impact. (DEIR, p. IV.8-10.) Finding: Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.) Mitigation Measure: None required. (DEIR, p. IV. 8-11.) Explanation: The existing development and US 101 act as a substantial barrier to regional movement of wildlife. Most avian species are less affected by the existing barriers as they are volant (e.g., fly) and are more likely to traverse inhospitable terrain. Roadways can be effective barriers to many of the smaller terrestrial species such as amphibian, reptiles and small mammals. Presently, the most effective wildlife corridors existing in the Planning Area are the creek corridors defined by Gallinas and Miller Creeks and to a lesser extent San Rafael Creek. These creek corridors provide habitat for riparian species or species attracted to woodland habitats. The linear features of these creeks also facilitate regional movements of wildlife and these are areas where species maybe able to cross US 101 in relative safety. (DEIR, p. IV.8-11.) Development, largely in the form of infill, will not substantially degrade the functionality of the creek corridors, as described above, for the movements of local wildlife. At buildout, those areas that function as corridors would continue to do so. Further, wildlife corridors are also addressed by policy CON -11, Wildlife Corridors. This policy would require the preservation and protection of those areas that provide landscape linkages between and among habitat patches, which facilitates regional movements of wildlife. (DEIR, p. IV.8-1 l.) Significance After Mitigation: Less than significant without mitigation. The redevelopment, infill, and new development consistent with General Plan 2020 would not allow for projects to close off or greatly impact any of the creek corridors which are the most effective wildlife corridors. Therefore potential impacts created by General Plan 2020 would not be 110 expected to have a significant impact on native wildlife movements within the region. (DEIR, p. IV. 8-11.) Impact IV.8-5: Habitat for Native Wildlife. Implementation of General Plan 2020 may result in a loss of habitat for native wildlife if development occurs on currently available wildlife habitat. In the Planning Area, those areas that are proposed for development that provide habitat for wildlife occur primarily around the perimeter of or are contiguous with the areas that are currently developed. However, due to the limited amount of proposed development and with implementation of the programs and policies of General Plan 2020, this would be a less -than - significant impact. (DEIR, p. IV.8-11.) Finding: Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.1 Mitigation Measure: None required. (DEIR, p. IV. 8-12.) Explanation: While the majority of habitat available to wildlife would be designated as Open Space, Parks, or Conservation in General Plan 2020, there are a few areas that currently provide habitat for native wildlife that would be impacted by development consistent with General Plan 2020. These vacant parcels are found within urbanized/developed areas or are contiguous with areas that are currently developed. (DEIR, p. IV. 8-12.) General Plan 2020 contains many policies in the Conservation Element, in particular under Protected Habitat: Native Plants, Animals and Wildlife Habitat, which if adopted and implemented could be used as guidelines to reduce potential impacts to the available habitat for native wildlife. (See DEIR, p. IV.8-12.) These policies and programs, which include Policies CON -1 Protection of Environmental Resources, CON -12 Preservation of Hillsides, and CON -15 Fishery Habitat, have been developed to ensure that buildout under General Plan 2020 would remain limited and they would provide a guideline as to what areas should be avoided, restored, or enhanced in order to prevent any future substantial impacts to wildlife habitat. (DEIR, p. IV.8-12.) Significance After Mitigation: Due to the fact that development of habitats for native wildlife is limited under General Plan 2020 and areas that could be developed would be required to follow the programs 111 and policies of General Plan 2020, future development would result in a less -than - significant impact to habitat for native wildlife. (DEIR, p. IV.8-12.) Impact IV.8-6: Invasive Exotics. Implementation of General Plan 2020 may result in additional locations being planted with ornamental landscaping. Planting with common landscaping species often results in an increase in the number of exotic species "escaping" onto neighboring undeveloped lands. With implementation of General Plan 2020 programs and policies future landscaping would result in a less -than -significant impact. (DEIR, p. IV.8- 12.) Finding: Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.1 Mitigation Measure: None required. (DEIR, p. IV. 8-13.) Explanation: Areas that are proposed to be developed as part of General Plan 2020 could potentially be landscaped with exotic plant species. Some of these areas are located adjacent to natural habitats that would remain undeveloped and thus are more vulnerable to the establishment of invasive exotics. Because of the proximity to natural habitats, landscaping with exotic plant species could introduce to the Planning Area exotic plants that are capable of naturalizing in native habitats and reducing the diversity of native plants. Seeds from exotic species can also be transferred by birds and water (e.g. if the seeds fall in a creek and flow downstream) from landscaped areas that are not in direct proximity to natural areas. (DEIR, p. IV.8-12.) General Plan 2020 contains policies and programs in the Conservation Element, in particular under Protected Habitat: Native Plants, Animals and Wildlife Habitat, which if adopted and implemented, could be used as guidelines to reduce potential impacts to natural habitat from the introduction of invasive exotics. These policies and programs include Policy CON -16 Invasive Non -Native Plant Species, OS -2b Removal of Invasive Species, and CON -17 Landscape with Native Plant Species. (See DEIR, p. IV.8-13.) If these programs and policies are implemented, there would be a less -than -significant impact in regards to invasive exotics. (DEIR, p. IV.8-13.) 112 Significance After Mitigation: Through implementation of General Plan 2020 policies, impacts related to the number of exotic species "escaping" onto neighboring undeveloped lands would be less than significant without mitigation. (DEIR, p. IV.8-13.) Cumulative Biological Resources Impacts The biological resources analysis considers all development within the Planning Area and therefore considers also the cumulative impacts for such development. As discussed in Section IV.8 Biological Resources of the Draft EIR, the project would not result in the loss of extensive areas of natural habitats and associated biological resources. Due to the concentration of future development within already developed areas, development in the Planning Area would not result in cumulatively significant impacts associated with wildlife movement, habitat fragmentation, or federally protected wetlands. While such development could have project -specific impacts to sensitive natural communities and special -status species, with implementation of the associated mitigation measures (see Mitigation Measures IV.8-1 and IV.8-2) this would be a less -than -significant cumulative impact. Findings Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.) Mitigation Measure: None required. (FEIR, p. IX -649.) Significance After Mitigation Cumulative biological resources will be less than significant. I. GEOLOGY, SOILS, AND SEISMICITY Impact IV.9-1: Seismic Ground Shaking. The project would expose people or structures to potential, substantial adverse seismic effects, including the risk of loss, injury, or death involving strong seismic groundshaking. This would be a significant impact. (DEIR, p. IV.9-4.) 113 Finding: Changes or alterations have been required in, or incorporated into, the Project that avoid the significant environmental effect as identified in the Final EIR. Mitigation Measure: IV. 9-1: The City shall adopt a General Plan policy that would require post - earthquake building inspections of critical facilities, and restrict entry into compromised structures. Inspections shall be conducted when the earthquake intensity is VII or higher per the Modified Mercalli Intensity Scale (see Exhibit IV.9-1, [DEIR, p. N.9-7]). The Modified Mercalli Intensity scale is a subjective scale and would require City staff to judge the intensity of any earthquake felt within the Planning Area. An intensity VII earthquake would be major earthquake and would represent a notable event felt by most people in the Planning Area. Exhibit N.9-2 [of the DEIR] shows at what distance, in kilometers, from the Planning Area a Magnitude 5, 6, 7, or 8 earthquake should result in a Modified Mercalli Scale intensity of about VII. As shown in this exhibit, intensity VII would be experienced at lower Magnitude earthquakes at greater distances on soft soils than on firm soils or rock. For example, a Magnitude 6 earthquake occurring about 65 kilometers from San Rafael would be experienced as an intensity VII on the Mercalli Scale in the parts of San Rafael that are on soft soils, but not in the parts that are on firm soils or rock. A Magnitude 8 earthquake occurring about 65 kilometers from San Rafael would be needed for an intensity VII on the Mercalli Scale in parts of the Planning Area, on firm soils, and rock. Additionally, as part of this General Plan policy the city shall require inspections as necessary in conjunction with other non -city public agencies and private parties for structural integrity of water storage facilities, storm drainage structures, electrical transmission lines, major roadways, bridges, elevated freeways, levees, canal banks, and other important utilities and essential facilities. As part of this policy, the City shall adopt an implementing program to identify a list of facilities that would be inspected. The Community Development Department shall prepare a list that identifies City owned essential or hazardous facilities as defined by Category 1 and 2 of Table 16-K of the Uniform Building Code, and shall prioritize the list for inspection scheduling purposes in case of an earthquake. (DEIR, p. N.9-6.) 114 Responsibility and Monitoring: The City Council would be responsible for adopting the new policy, as described in Mitigation Measure N.9-1, as part of General Plan 2020. The Community Development Department would be responsible for implementing and monitoring the policy to minimize hazards associated with strong ground shaking. (DEIR, p. N.9-6.) The City Council will include the following in the adopted Plan: S -8X. Post Earthquake Inspections. Require post -earthquake building inspections of critical facilities, and restrict entry into compromised structures. Inspections shall be conducted when the earthquake intensity if VII or higher per the Modified Mercalli Intensity Scale. Require inspections as necessary in conjunction with other non -city public agencies and private parties for structural integrity of water storage facilities, storm drainage structures, electrical transmission lines, major roadways, bridges, elevated freeways, levees, canal banks, and other important utilities and essential facilities. S-8Xa. Inspection List. Identify a list of facilities that would be inspected after a major earthquake. The list shall identify City -owned essential or hazardous facilities as defined by Category 1 and 2 of Table 16-K of the Uniform Building Code, and shall prioritize the list for inspection scheduling purposes in case of an earthquake. Responsibility: Community Development Timeframe: Short term Resources: Staff time Add as a new Appendix to the plan, Exhibit IV.9-1, Modified Mercalli Scale, and Exhibit IV.9-2, Approximate Earthquake Magnitude and Distances (Inn) for a Mercalli Scale Intensity Value VII within San Rafael Planning Area. Include the following text at the beginning of this new Appendix, before the two exhibits: The following exhibits shall be used to identify if buildings shall be inspected following an earthquake, consistent with policy S-8, Post Earthquake Inspections. The Modified Mercalli Intensity scale is a subjective scale and would require City staff to judge the intensity of any earthquake felt within the Planning Area. An intensity VII earthquake would be major earthquake and would represent a notable event felt by most people in the Planning Area. The exhibit below shows at what distance, in kilometers, from the Planning Area a Magnitude 5, 6, 7, or 8 earthquake should result in a Modified Mercalli Scale intensity of about VII. As shown in this exhibit, intensity VII would be experienced at lower Magnitude earthquakes at greater distances on soft soils than on firm soils or rock. For example, a Magnitude 6 earthquake occurring about 65 kilometers from San Rafael would be experienced as an intensity VII on the Mercalli Scale in the parts of San Rafael that are on soft soils, but not in the parts that are on firm soils or rock. A Magnitude 8 earthquake occurring about 65 kilometers from San Rafael would be needed for an intensity VII on the Mercalli Scale in parts of the Planning Area, on firm soils, and rock. To implement this mitigation, the City shall immediately perform a post -earthquake inspection by an emergency response team whose composition shall include building inspectors (Community Development). They shall, as needed, be assisted by structural and geotechnical engineers selected beforehand by San Rafael to provide the adjunct services necessary to evaluate damage levels, and restrict use or entry as found necessary. On state or federal facilities within the City, i.e. State Highway 101, the City team shall coordinate with the other response teams (i.e. Caltrans) whose responsibilities include those non -City facilities. (DEIR, pp. N.9-6 to N.9-7.) 115 Short term monitoring to enforce Mitigation Measure IV.9-1 shall be by the Police and Fire Departments. Longer term monitoring (until rehabilitation or elimination takes place) shall be performed by City building inspectors. (DEIR, p. IV.9-7.) Explanation: The Planning Area has a 70 percent probability of experiencing groundshaking from at least one major earthquake (Moment Magnitude 6.7 or greater) by 2030. Groundshaking can result in structural failure and collapse or cause nonstructural building elements to fall, presenting a hazard to occupants and damage to contents. Older, unreinforced masonry buildings and other City buildings constructed before 1930 that have not been seismically retrofitted are most subject to structural failure/collapse. In 1992, the City adopted an Unreinforced Masonry ordinance requiring the upgrade of seismic structural upgrades to all unreinforced masonry buildings. All such buildings have been reinforced, with the exception of one unused City building. (DEIR, pp. IV.9-4 to IV.9-5.) Because of the regional effects of large earthquakes, future developments that occur anywhere within the Planning Area would be subject to groundshaking during such events. Locations where shaking is expected to be more intense are valley and Bay margin areas. These areas are underlain by deeper, unconsolidated deposits, (alluvium and bay mud), and thus are subject to higher amplitude, longer duration shaking motions. As shown in Exhibit B-13 in the Background Report, these areas are primarily in the northeast portion of the Planning Area, and in the southeastern part of the Planning Area, with some areas of unconsolidated deposits in the Loch Lomond Marina area and in the lower parts of the Peacock Gap neighborhood. However, this greater shaking potential is recognized in the Uniform Building Code (UBC), which provides for more stringent earthquake resistant design parameters for such areas. Thus, while these shaking impacts are potentially more damaging, they also will tend to be reduced in their structural effects due to UBC criteria. (DEIR, p. IV.9-5.) General Plan 2020 contains many policies and standards in the Safety Element, which, if adopted and implemented, would reduce the potential impacts associated with strong seismic groundshaking. These policies include: Policy S-4 Geotechnical Review; S-5 Soils and Geologic Review; S-6 Minimize Potential Effects of Geological Hazards; S-7 Seismic Safety of New Buildings; and S-8 Seismic Safety of Existing Buildings. (See DEIR, pp. IV.9-5 to IV.9-6, and FE1R, p. IX -587.) Although these policies would reduce some of the impacts associated with strong seismic groundshaking, the potential for damage or loss during an earthquake and prior to mitigation would be a significant impact. (DEIR, pp. IV.9-5 to IV.9-6.) In addition, as required by Mitigation Measure IV.9-1, Policy S -8X and program S-8Xa have been added to General Plan 2020. (FEIR, p. IX -587.) Significance After Mitigation: 116 Policy S -8X and program S-8Xa, as required by Mitigation Measure N.9-1 would reduce potential seismic groundshaking hazards by confirming the structural integrity of critical facilities after an earthquake. Implementation of this mitigation, in addition to other policies in General Plan 2020 would reduce potential seismic groundshaking hazards to a less -than -significant level. (DEIR, p. IV.9-6, FEIR p. IX -587.). Impact IV.9-2: Seismic Related Ground Failure. The project would expose people or structures to potential substantial adverse seismic effects, including the risk of loss, injury, or death from seismic -related ground failures of liquefaction, lateral spreading, lurching, differential settlement, and flow failures. This would be a significant impact. (DEIR, p. N.9-8.) Finding: Changes or alterations have been required in, or incorporated into, the Project that avoid the significant environmental effect as identified in the Final EIR. Mitigation Measure: IV. 9-2: Same as Mitigation Measure IV.9-1. (DEIR, p. N.9-9.) Responsibility and Monitoring: The City Council would be responsible for adopting the new policy, as described in Mitigation Measure IV.9-1, as part of General Plan 2020. The Community Development Department would be responsible for implementing and monitoring the policy to minimize hazards associated with seismically induced ground failures. (DEIR, p. IV.9- 9.) Explanation: The Safety Element of General Plan 2020 contains many policies (Policy S-1 Location of Future Development, Policy S-2 Location of Public Improvements, Policy S-3 Use of Hazards Maps in Development Review, Policy S-4 Geotechnical Review, Policy S-4 Geotechnical Review, Policy S-6 Minimize Potential Effects of Geologic Hazards), which, if adopted and implemented, may reduce the potential impacts associated with seismic -related ground failure. (See DEIR, pp. IV.9-8 to IV.9-9.) While these policies may reduce some potential impacts associated with seismic -related ground failure, to the extent that public and private development continues to take place, General Plan 2020 would still expose people and property to additional risk from seismic ground failure. The potential for damage or loss from such failures, prior to mitigation, would be a significant impact. (DEIR, pp. IV.9-8 to IV.9-9.) Significance After Mitigation: 117 Policy S -8X and program S-8Xa, as required by Mitigation Measures IV.9-1 and IV.9-2 would reduce potential seismic -related ground failure hazards by confirming the structural integrity of critical facilities after an earthquake. Implementation of this mitigation measure, in addition to other policies in General Plan 2020 would reduce seismic -related grounds failures to a less -than -significant level. (DEIR, p. IV.9-9.) Imnact IV.9-3: Landslidine. Development consistent with General Plan 2020 would potentially expose people or structures to the damaging effects of landsliding. This would be a significant impact. (DEIR, p. IV.9-9.) Finding: Changes or alterations have been required in, or incorporated into, the Project that substantially lessen, but do not avoid, the potentially significant environmental effect associated with landslides. No mitigation is available to render the effects less than significant. The effects (or some of the effects) therefore remain significant and unavoidable. Mitigation Measure: IV. 9-3: The City shall develop and adopt a City landslide policy that would define the minimum level of landslide repair and City goals regarding secondary impacts associate with the repair work. The landslide policy would provide a guideline for development of parcels that contain landslides or could be impacted by landslides. (DEIR, p. IV.9-11.) Responsibility and Monitoring: The City Council would be responsible for adopting the policy, as described in Mitigation Measure IV.9-3, as part of General Plan 2020. The Community Development Department would be responsible for implementing and monitoring the above policy as part of General Plan 2020 to minimize hazards associated with landsliding. (DEIR, p. IV.9-11). The plan will include the following program to implement Mitigation Measure IV.9-3: SA Minimize Potential Effects of Landslides. Development proposed in areas with existing landslides or with the potential for landslides (as identified by a registered engineering geologist or geotechnical engineer) shall not be endangered by, nor contribute to, the hazardous conditions on the site or on adjoining properties. Development in areas subject to landslide hazards shall incorporate adequate mitigation measures that have a design factor of safety of at least 1.5 for static conditions and 1.0 for psuedo-static (earthquake) conditions. The landslide mitigation should consider multiple options in order to reduce the secondary impacts (loss of vegetation, site grading, traffic, visual) 118 associated with landslide mitigation. The City will only approve new development in areas of identified landslide hazard if such hazard can be appropriately mitigated. Responsibility: Community Development Timeframe: Short term Resources: Staff time Explanation: Much of the Planning Area is occupied by hilly terrain. There is an obvious, but non- uniform correlation between the hilly terrain and the potential for damaging landslides. To the extent that General Plan 2020 allows hillside development, this can lead to some increased potential for damage. However, this potential can be offset by diligent site selection, careful design, good construction, and long-term maintenance. (DEIR, pp. N.9-9 to N.9-10.) In the Planning Area, landslides (including mudslides) constitute a significant geologic hazard to people, structures, roads, and utilities on, and along the base of hillsides. Landslides can occur independently of earthquakes or they can be triggered by earthquake shaking. While most landslides are the result of naturally occurring geologic processes and climate, some human -made factors may trigger landslides, such as improper drainage facilities, indiscriminate grading activities (cuts and/or fills), and loss of vegetation. (DEIR, p. N.9-10.) The Safety Element of General Plan 2020 contains many policies and standards, which, if adopted and implemented, would reduce the potential impacts associated with landsliding. These policies include: Policy S-2 Location of Public Improvements; S-3 Use of Hazards Maps in Development Review; S-4 Geotechnical Review; S-5 Soils and Geologic Review; S-6 Minimize Potential Effects of Geologic Hazards. (See DEIR, p. N.9-10.) While implementation of these General Plan policies should reduce most landsliding hazards to a less -than -significant level, there would be exceptions that cannot be mitigated entirely. Such possible exceptions are mudslides triggered by very intense periods of rainfall on saturated ground and landslides triggered by intense earthquake shaking. Although policies S-2 through S-6 greatly reduce these landslide impacts, they cannot mitigate them entirely due to the complex subsurface relationships between slope stability and the area -wide effects of intense earthquake shaking and/or intense rainfall. The potential for these impacts is probably somewhat greater in older hillside residential areas. It is expected to be less in recent and future developments. This is due to a higher level of concern gained from past landslide problems and evolving design standards. (DEIR, pp. IV. 9-10 to IV. 9-11.) Therefore, to the extent that development continues to take place, General Plan 2020 would expose people and property to additional risk from landsliding or loss from such failures. The potential for damage or loss from unrepaired landslides would be a significant impact. (DEIR, p. N.9-11.) 119 As required by Mitigation Measure IV.9-3, Policy S -X has been added to General Plan 2020. (FEIR, p. IX -587.) Significance After Mitigation: Implementation of Mitigation Measure IV.9-3 would reduce the hazard from repaired landslides to a less -than -significant level. Existing landslides that are not repaired or mitigated would remain a significant and unavoidable impact. (DEIR, p. IV.9-11.) Impact IV.9-4: Subsidence. Development consistent with General Plan 2020 could expose property and structures to the damaging effects of ground subsidence hazards. This would be a significant impact. (DEIR, p. IV.9-11.) Finding: Changes or alterations have been required in, or incorporated into, the Project that avoid the significant environmental effect as identified in the Final EIR. Mitigation Measures: IV. 9-4(a): The City shall amend policy S-18, Rise in Sea Level, to assure that, prior to levee heightening for flood control purposes, the City shall coordinate with the Intergovernmental Panel on Climate change regarding the most current estimates of sea level rise. IV.9-4(b): The City shall adopt a program for S-17, Levee Upgrading, to perform period ground elevation surveys within the Canal Neighborhood to determine ground elevations throughout the area, including the levee system. The result of the survey shall be used to determine the need for levee heightening for flood protection purposes. When a need for levee heightening is determined, the City shall heighten the levees as necessary on public property and require that levees on private property be heightened. (DEIR, p. IV.9-13, and FEIR, p. IX -590.) Responsibility and Monitoring: The City Council would be responsible for adopting the amended policy and the new program, as listed in Mitigation Measures IV.9-4(a) and IV.9-4(b), as part of General Plan 2020. The Community Development Department would be responsible for implementing and monitoring the above policies as part of General Plan to minimize hazards associated with subsidence. (DEIR, p. IV.9-13.) 120 Explanation: Much of the areas underlain by bay mud or artificial fill, primarily in East San Rafael, would not be proposed for increased development under General Plan 2020, although these areas could be sites for future infill or redevelopment. There are a handful of vacant parcels in the southeastern portion of San Rafael on artificial fill. Most of these properties are designated Light Industry/Office or General Commercial, while one large property in this area that was previously designated Medium Density Residential would be redesignated Conservation under General Plan 2020. In addition, there are a few areas in the southeastern part of the Planning Area that would have increased allowable densities and development opportunities under the proposed plan. One such area is in the Loch Lomond Marina, where a Neighborhood Commercial designation would be expanded to allow for increased neighborhood -serving commercial uses and housing. (DEIR, pp. IV.9-11 to IV.9-12.) The Neighborhoods and the Safety Elements of General Plan 2020 contain many policies, which if adopted and implemented would reduce the potential impacts associated with land subsidence. These policies include: NH -55 Flood Control Improvements; S-1 Location of Future Development; S-3 Use of Hazards Maps in Development Review; S-5 Soils and Geologic Review; S-15 Flood Protection of New Development; S-17 Levee Upgrading; 5-18 Rise in Sea Level. (See DEIR, p. IV.9-12). These policies would help reduce potential impacts related to subsidence. However, because infill or new development could still occur in areas susceptible to subsidence, the potential for flooding and damage to improvements prior to mitigation would remain. The requirements of Mitigation Measure IV.9-4(a) have been incorporated into Policy S- 18 Rise in Sea Level. (FEIR, p. IX -590.) The requirements of Mitigation Measure IV.9- 4(b) have been incorporated into program S -17b. (FEIR, p. IX -590.) Implementation of these mitigation measures would reduce this potentially significant impact to a less than significant level. (DEIR, p. IV.9-13.) Significance After Mitigation: Implementation of the mitigation measures listed above would reduce subsidence and related flooding hazards to a less -than -significant level. (DEIR, p. IV.9-13.) Impact IV.9-5: Erosion. There is the potential for the loss of soil resources due to erosion as well as the potential for the exposure of improvements to erosion -related damage. This would be a significant impact. (DEIR, p. IV.9-13.) Finding: Changes or alterations have been required in, or incorporated into, the Project that avoid the significant environmental effect as identified in the Final EIR. 121 Mitigation Measure: IV.9-5: The City shall amend Policy, NH -96 Shoreline Embankments, to include the following: After large storms, inspect existing rip -rap on levee faces. Repair and replace as necessary to provide adequate wave erosion protection. (DEIR, p. IV.9-15, FEIR, p. IX -505.) Responsibility and Monitoring: The City Council would be responsible for adopting the amended policy, as listed in Mitigation Measure IV.9-5, as part of General Plan 2020. The Community Development Department would be responsible for monitoring the implementation of the amended policy. (DEIR, p. IV.9-15.) Explanation: The principal locations in the Planning Area where erosion is most likely are hillsides and along stream banks. There is some potential for wave erosion of levees. Natural erosion of hillsides can be accelerated due to disturbance by construction activities (i.e., cuts and/or fills). Such activities typically remove protective vegetative cover, create overly steep slopes, and/or concentrate natural surface runoff thus increasing its erosive force. Stream bank erosion most commonly occurs during wet season peak flows. Often such erosion is highest along, but not limited to, the outside edges of bends in the channel. Stream banks areas undercut by erosion can locally fail by slumping. Wave erosion would occur if levee faces were not adequately protected. (DEIR, p. IV.9-13.) The Safety, the Conservation, the Air and Water Quality, and the Neighborhoods Elements of General Plan 2020 contain many policies and programs, which if adopted and implemented would reduce the potential impacts associated with soil erosion. These policies include: NH -96 Shoreline Embankments; S-2 Location of Public Improvements; S-4 Geotechnical Review; S-5 Soils and Geologic Review; S-6 Minimize Potential Effects of Geologic Hazards; S-19 Erosion; S-20 Creeks and Drainageways; CON -6 Creek and Drainageway Setbacks; CON -12 Preservation of Hillsides; AW -9 Erosion and Sediment Control. (See DEIR, pp. IV.9-13 to IV.9-14.) While these policies would help reduce potential erosion impacts in most areas, potential impacts to shoreline embankments after large storms would remain significant. Therefore this would be a significant impact. (DEIR, p. IV.9-15.) Significance After Mitigation: Amendment of the General Plan policy listed above would reduce erosion hazards to a less -than -significant level. (DEIR, p. IV.9-15.) 122 Impact IV.9-6: Expansive Soils. Geotechnical review required by General Plan 2020 would prevent exposure of property improvements to potential adverse effects from expansive soils. This would be a less -than -significant impact. (DEIR, p. IV.9-15.) Finding: Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.) Mitigation Measure: None required. (DEIR p. IV.9-16.) Explanation: While expansive soils are not widely present in the Planning Area, they can exist locally. In general, expansive soils would most likely be encountered in the eastern portions of the City underlain by fill (Qaf) and bay mud (Qm) as shown the geology and stability map in the Background Report. The forces exerted during expansion and contraction of such soils is sufficient to heave and distort buildings, and crack shallow foundations and pavements. Due to the limited amount of expansive soils in the area, General Plan 2020 would only minimally expose property to the hazard of expansive soils. Any development on expansive soils, however, would be a significant impact. (DEIR, p. IV.9-15.) The Safety Element of General Plan 2020 contains many policies and standards, which, if adopted and implemented, would reduce the potential impacts associated with expansive soils. The policies include: S-1 Location of Future Development; S-4 Geotechnical Review; S-5 Soils and Geologic Review; and S-6 Minimize Potential Effects of Geologic Hazards. (See DEIR, pp. IV.9-15 to IV.9-16.) Implementation of these General Plan policies would reduce expansive soil hazards to a less -than - significant level. (DEIR, p. IV.9-16.) Significance After Mitigation: Implementation of these General Plan policies would reduce expansive soil hazards to a less -than -significant level without mitigation. (DEIR, p. IV.9-16.) 123 Impact IV.9-7: Septic Suitabilitv of Soils. There are limited situations in which development consistent with General Plan 2020 could result in the construction of septic tanks or alternative wastewater disposal systems on soils incapable of adequately supporting such systems. This would be a potentially significant impact. (DEIR, p. N.9-16.) Finding: Changes or alterations have been required in, or incorporated into, the Project that avoid the significant environmental effect as identified in the Final E1R. Mitigation Measure: IV.9-7: The City shall adopt a General Plan policy that would discourage the use of septic systems within the Planning Area. If no other alternatives exist, then soil tests (i.e. percolation, grain size analysis, soil type) shall be required to determine if the on-site soil are suitable for development of a septic system for disposal of wastewater. In hillside areas, an evaluation of the additional water from a septic system on hillside stability shall also be required. The policy shall require that new or improved septic systems be designed by a registered civil engineer that specializes in septic design. (DEIR, p. IV.9-16, and FEIR, pp. IX -590.) Responsibility and Monitoring: The City Council would be responsible for adopting the new policy, as listed in Mitigation Measure IV.9-7, as part of General Plan 2020. The Community Development and Public Works Departments would be responsible for monitoring the implementation of the policy as part of the General Plan to minimize the use of septic tanks or alternative systems on soils incapable of adequately supporting such systems. (DEIR, pp. IV.9-16 to N.9-17.) Explanation: There would be limited situations in the Planning Area where septic systems could occur. According to the Marin County Environmental Health Code, all parcels within 400 feet of an existing sewer line must connect to that District's facilities when a new house or addition is constructed on the parcel. Additionally, Section 15.06.020 of the San Rafael Municipal Code would require that any subdivision of land into two or more lots or parcels would be required to receive wastewater and sewage disposal services from either the San Rafael Sanitation District or the Las Gallinas Valley Sanitary District, depending upon the property location, and would prohibit individual on-site septic systems. Therefore, the only development that would potentially use a septic tank or alternative system would be a single lot that is more than 400 feet from an existing sewer line. 124 Because determination of the septic suitability of soils is site specific, it would be speculative to determine the possibility of such a development occurring on soils incapable of adequately supporting a septic tank or alternative system. Therefore, this would be a potentially significant impact. (DEIR, p. IV.9-16.) As required by Mitigation Measure IV.9-7, Policy S -19X has been added to General Plan 2020. (FEIR, p. IX -590.) Significance After Mitigation: Adoption and implementation of the above policy would reduce septic suitability impacts to a less -than -significant level. (DEIR, p. IV.9-17.) Cumulative Geoloev, Soils, and Seismicitv The geologic analysis considers all development and growth within the Planning Area and therefore considers also the cumulative impacts for such development. As the population within the Planning Area grows, the opportunity for geologic, soils, and seismic related hazards grows. Some hazards, such as expansive soils, would be reduced through the City's geotechnical review requirements and the General Plan 2020 contribution to this impact would be less than cumulatively considerable... However, the landsliding impact would remain a significant impact and would contribute to cumulative landsliding impacts. Implementation of General Plan 2020 would result in significant cumulative landsliding impacts and would make a cumulatively considerable contribution to such an impact. Mitigation measure N.9-3 would reduce the hazard from repaired landslides to a less -than -significant level. (FEIR, p. IX -653.) Finding Changes or alterations have been required in, or incorporated into, the Project that avoid the significant cumulative impact as identified in the Final EIR. Mitigation Measure: See discussion of Mitigation Measure N.9-3 above. Significance After Mitigation Cumulative geology, soils, and seismicity impacts will be less than significant. (FEIR, p. IX -654.) 125 J. HYDROLOGY, WATER OUALITY. AND FLOOD HAZARDS Impact IV.10-1: Water Oualitv Standards. Future development prescribed by General Plan 2020 would not result in a significant increase in the loading of petrochemical contaminants, heavy metals and pesticide and herbicide residues to natural and artificial drainageways within the Planning Area, and ultimately to San Rafael and San Pablo Bays. With implementation of General Plan 2020 policies and programs this would be a less -than -significant impact. (DEIR, p. IV. 10-6.) Finding: Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.1 Mitigation Measure: None required. (DEIR, p. IV. 10-7.) Explanation: Regional water quality standards are set by the United States Environmental Protection Agency (USEPA) and the California State Water Resources Board in accordance with the 1971 Clean Water Act and its amendments. The San Francisco Bay Regional Water Quality Control Board (RWQCB) administers the regional and local implementation of the National Pollutant Discharge Elimination System (NPDES) program, which regulates the discharge of contaminants into waterways, including San Francisco Bay and its tributary streams. The NPDES Phase 11 permit recently issued to Marin County extends permitting for point and non -point source discharges to its constituent municipalities, including the City of San Rafael. Regarding stormwater runoff, the permit stipulates that Marin County and the cities within the county enact specific pollutant control measures. It also applies such measures to construction sites of an acre or more in area. Finally, the Basin Plan for San Francisco Bay allows for the implementation of Total Maximum Daily Load (TMDL) standards to minimize the discharge of particular contaminants to influent Bay waterways. While none of the TMDLs have to date been issued for contaminants identified as impairing these waterways, TMDLs for mercury and the pesticide Diazanon are currently being developed. (DEIR, p. IV. 10-6.) Industrial and commercial land uses yield the highest quantities of stormwater contaminants. These uses would occur primarily as infill development and/or redevelopment along the Highway 101 corridor and in the North San Rafael Commercial Center area. The bulk of new residential development would be concentrated in the already developed areas of Terra Linda, Woodland Avenue/Downtown, and potentially in the Peacock Gap area. Peacock Gap development is contingent on the timing of closure 126 and reclamation of the McNear Quarry, which is not expected to occur during the current planning horizon. The removal of the St. Vincent's/Silveira properties from the Planning Area would eliminate any potential impact development might have had on water quality along the tidal reach of Miller Creek. No new subdivision development is projected for the upper reaches of the Miller Creek Watershed. Thus, the impact of any hillside residential development in the watershed should be less -than -significant. In addition, because most of the industrial, commercial, and residential development would be infill or redevelopment, development consistent with General Plan 2020 would have no discernable effect on stormwater quality in these already urbanized areas. (DEIR, p. IV. 10-6.) Furthermore, General Plan 2020 contains several policies and programs in the Neighborhoods, Infrastructure, Conservation, and Air and Water Elements that, if adopted and implemented, would help reduce potential water quality impacts due to the discharge of polluted stormwater runoff to area waterways. These policies include: NH - 47 Community -wide asset; NH -52 Canal Maintenance and NH -53 Canal Water Quality, and Programs NH -52a Dredging Program, NH -52b Boating Sanitation and Dock Safety, and NH -53a Pump Out Facilities; CON -1 Protection of Environmental Resources, CON - 2 Wetlands Preservation, CON -3 Unavoidable Filling of Wetlands, CON -4 Wetland Setbacks, CON -5 Diked Baylands, CON -6 Creek and Drainageway Setbacks, and CON -8 Enhancement of Creeks and Drainageways; and Programs CON -lb Plans for Environmental Protection (Mahon Creek and Shoreline Park), CON -2a Wetlands Overlay District, CON -3a Project Mitigation, CON -6a Municipal Code Compliance, CON -8a Creek Restoration, and CON -8b Creek Enhancement; Policy CON -9 Native and/or Sensitive Habitats and Policy CON -9a Steelhead Habitat; Policies AW -7 Local, State and Federal Standards, AW -10 Canal and Bay Boating and AW -11 Education and Outreach, as well as Programs AW -7a Countywide Stormwater Program, AW -7c Water Quality Improvements in Canal and Other Waterways, AW -8a Proper Disposal of Pollutants, AW -8c System Improvements, AW -8d Pesticide and Fertilizer Management, AW -8e Public Water Management, AW -10a Sanitation Facilities in Boats, AW -10b Sewage Pump Out Facilities, AW- 1Oc Education of Boaters, AW -11 a Stenciling of Storm Drains, AW -11 b Outreach and AW -11 c Water Pollution Education; Policies AW -8 Reduce Pollution from Urban Runoff, AW -9 Erosion and Sediment Control, and Programs AW - 7b Stormwater Runoff Measures, AW -8b Compliance by Contractors, and AW -9a Grading During Wet Season. (For a discussion of each of these policies, see DEIR, pp. IV.10-6 to TV. 10-7.) Since the majority of the future development in the Planning Area would be infill or redevelopment, with the adoption and implementation of these General Plan 2020 policies and programs, and compliance with the NPDES Phase II permit, this would be a less -than -significant impact. (DEIR, pp. IV. 10-6 to IV. 10-7.) Significance After Mitigation: Since the majority of the future development in the Planning Area would be infill or redevelopment, with the adoption and implementation of these General Plan 2020 policies and programs, and compliance with the NPDES Phase II permit, this impact would be less than significant without mitigation. (DEIR, pp. IV. 10-6 to IV. 10-7.) 127 Impact IV.10-2: Groundwater. Implementation of General Plan 2020 could result in overall incremental increases in impervious surface cover in some Planning Area watersheds. These increases would be minimal and would not affect groundwater resources. This would be a less -than -significant impact. (DEIR, p. IV. 10-8.) Finding: Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.) Mitigation Measure: None required. (DEIR, p. IV. 10-9.) Explanation: Existing groundwater resources in the Planning Area are very limited. Because of this limited supply, groundwater is not used as a water supply for the Marin Municipal Water District (MMWD), which serves the Planning Area. Also, groundwater use by other organizations or by individuals within the Planning Area is very limited due to the restricted availability. Within the City, San Rafael Municipal code would not permit the use of well water for any new development of one lot or more and within the existing service area of a public utility. (DEIR, p. IV. 10-8.) Because the majority of the development within the Planning Area would be infill or redevelopment, it would not be expected to increase impervious surfaces and therefore it would not impact groundwater resources. Because of the limited amount of development that would be allowed within the upper reaches of the Miller Creek watershed this too would not impact groundwater resources. (DEIR, p. IV. 10-9.) Furthermore, General Plan 2020 contains several policies and programs in the Conservation Element that, if adopted and implemented, would reduce groundwater impacts. These policies include CON -9 Native and/or Sensitive Habitats, and CON -10 Impacts to Sensitive Habitats; and Program CON -9a Steelhead Habitat. (For additional discussion of the policies and programs, see DEIR, p. IV. 10-9 and FEIR, p. IX -604.) These policies and programs direct the City, through the use of the Development Review process, to assure that impacts to groundwater resources would be minimized. (DEIR, p. IV. 10-9.) This would be a less -than -significant impact. (DEIR, p. IV. 10-9.) 128 Significance After Mitigation: These policies and programs direct the City, through the use of the Development Review process, to assure that impacts to groundwater resources would be minimized and would be less than significant without mitigation. (DEIR, p. IV. 10-9.) Impact IV.10-3: Erosion and Siltation. The majority of development consistent with General Plan 2020 would be infill or redevelopment in already developed areas. Thus, actual incremental increases in project -induced erosion and sedimentation would be limited. At a small number of locales (including school grounds where the construction of staff housing would be permitted), the construction of commercial/industrial and residential projects could disrupt soil surfaces, alter local drainage patterns and create hillslope or floodplain erosion, and potentially cause downstream siltation. However, with implementation of General Plan 2020 policies and programs, this would be a less -than - significant impact. (DEIR, p. IV. 10-9.) Finding: Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.1 Mitigation Measure: None required. (DEIR, p. IV. 10.10.) Explanation: Project construction typically increases local impervious surface area, reduces runoff time of concentration and increases peak flow rates in small drainageways where runoff concentrates. Such peak flow increases can increase the erosion potential, both overland and in drainage swales and creeks. Minor increases in tributary flows can also exacerbate creekbank erosion and/or cause destabilizing channel incision. The significance of project impacts varies depending on such factors as project size and density, the extent of storm drain construction, and the extent to which the drainage design incorporates peak flow reduction methodologies (e.g. porous paving, on-site stormwater detention, and other "start -at -the -source" stormwater technologies). (DEIR, p. IV. 10-9.) General Plan 2020 would result in additional residential, commercial, and industrial development. The bulk of this development would occur in already urbanized areas, particularly in the Downtown and Canal neighborhoods. Because these areas are already urbanized, the impact of development on drainage patterns, and therefore on erosion and siltation, would be limited. (DEIR, p. IV. 10-9.) 129 In addition, General Plan 2020 contains several policies and programs in the Safety, Conservation, and Air and Water Elements that, if adopted and implemented, would minimize potential erosion and siltation impacts. These policies and programs include: Policies S-19 Erosion, S-20 Creeks and Drainageways, S-21 RWQCB Requirements, CON -1 Protection of Environmental Resources, CON -6 Creek and Drainageway Setbacks, CON -12 Preservation of Hillsides, and AW -9 Erosion and Sediment Control, and Programs S -19a Erosion Control Programs, S -20a Agency Permits, S -21a Compliance with RWQCB, CON -6a Municipal Code Compliance, and AW -9a Grading During Wet Season. (For additional discussion of the policies and programs, see DEIR, pp. IV. 10-9 to IV. 10-10 and FE1R, pp. IX -602 to IX -603.) These policies and programs would ensure that development projects are designed and conducted in accordance with accepted engineering practice to minimize local hillslope and channel instability, soil loss, impacts to riparian vegetation and deleterious affects on downstream storm drainage facilities. These measures would also ensure that applicable regulatory statutes are followed during the environmental review and development process. Thus, General Plan 2020 impacts on erosion and siltation would be less -than - significant. (DEIR, p. IV.10-10.) Significance After Mitigation: These policies and programs would ensure that development projects are designed and conducted in accordance with accepted engineering practice to minimize local hillslope and channel instability, soil loss, impacts to riparian vegetation and deleterious effects on downstream storm drainage facilities and would be less than significant without mitigation. (DEIR, p. IV. 10-10.) Impact IV.10-4: FloodinLy and/or Stormwater Drainaue Svstem Capacities. Incremental increases in development consistent with General Plan 2020 would be concentrated in existing urbanized portions of the San Rafael watersheds, which would not be expected to result in quantifiable increases in peak flow rates. This would be a less -than -significant impact. (DEIR, p. IV.10-10.) Finding: Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.) Mitigation Measure: None required. (DEIR, p. IV. 10-10.) 130 Explanation: Development anticipated by General Plan 2020 would be concentrated in existing urbanized portions of Planning Area watersheds, which occur at the lower elevations. This pattern of development would not result in quantifiable increases in peak flow rates for the subject watersheds. Moreover, in only a few places, such as at school sites and sites along Brookdale Avenue, would the development as proposed in General Plan 2020 lead to even minor increases in development densities. At these lower positions in the watersheds, the changes in development density (e.g. medium to high density at Brookdale Avenue) would not cause discernible increases in local peak flow rates. Because of these contributing factors, the General Plan 2020 impact on flooding associated with exceedance of stormwater drainage capacities would be less -than - significant. (DEIR, p. IV.10-10.) In addition, Policy S -X and program S-Xa have been added to General Plan 2020. (FEIR, p. IX -589.) Policy S -X requires new development to improve local storm drainage facilities to accommodate site runoff anticipated from a "100 -year" storm. Significance After Mitigation: General Plan 2020 impact on flooding associated with exceedance of stormwater drainage capacities would be less than significant without mitigation. (DEIR, p. IV.10- 10.) Impact IV.10-5: Tidal Floodine. Development allowed under the provisions of General Plan 2020 could increase the number and/or extent of residential and commercial construction within low-lying areas currently partially protected by Bay levees, which in some places are inadequate. If global warming accelerates the previously predicted rate of sea level rise, existing 100 year flood levels upon which minimum levee design elevations are based could increase and existing Bay levees could be overtopped, resulting in more frequent and more damaging tidal flooding. With implementation of General Plan 2020 policies and programs this would be a less -than -significant impact. (DEIR, p. IV.10- 10.) Finding: Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.) Mitigation Measure: None required. (DEIR, p. IV. 10-11.) 131 Explanation: Because some of the Bay levees are currently inadequate, project development in the low-lying areas of East San Rafael, both within and immediately upstream of the zone of tidal influence, would be subject to flooding risk. This risk would be increased if global warming increases the rate of predicted sea level rise. Areas where such project development could occur include the Loch Lomond Marina, the Canalways site, and the MedwayNivian area. The Bay tide elevation at any given point in time constitutes the downstream control on floodwater surface profiles. High Bay tides coincident with significant watershed storm flow can dramatically increase the flood elevations at the lower end of these tributary channels to San Francisco Bay. Base flood elevations can also be exacerbated by wave runup. The City maintains significant portions of Bay levees and enforces a minimum levee crest elevation (after 30 year settlement) to minimize the extent and duration of tidal flooding due to levee overtopping. If the City were to maintain the existing levee requirements and sea level rise increased much more rapidly than was predicted in the 1988 Bay Conservation and Development Commission study on sea level rise, the frequency and extent of levee overtopping and resulting flooding could increase. Even if the sea level does not rise more rapidly than was predicted in the 1988 study, there would still be the potential for levee overtopping and resulting flooding due to existing inadequate levees. (DEIR, pp. IV. 10-10 to IV. 10-11.) General Plan 2020 contains the several policies and programs that would, if adopted and implemented, minimize the risk of tidal flooding within low-lying areas of east San Rafael. These policies and programs include: Policies NH -52 Canal Maintenance, NH - 55 Flood Control Improvements, S-15 Flood Protection of New Development, S-17 Levee Upgrading, and S-18 Rise in Sea Level, and Programs NH -52a Dredging Program, NH -55a Flood Control, S -15a Title 18 Flood Protection Standards, S -17a Levee Improvement, S -17b Levee Maintenance Funding, and S -18a Rise in Sea Level. (For additional discussion regarding the policies and programs, see DEIR, p. IV. 10-11.) Implementation of these policies and programs would minimize project impacts on levee overtopping and tidal flooding due to increases in the rates of global warming and sea level rise. Strict adherence to the implementation of these policies and programs would reduce development impacts to a less -than -significant level. (DEIR, p. IV. 10-11.) In addition, Policy S-18 has been amended and program S -17b has been added to General Plan 2020 to provide greater protection against tidal flooding. (FEIR, p. IX - 591.) Significance After Mitigation: Implementation of these policies and programs would reduce development impacts to be less than significant without mitigation. (DEIR, p. IV. 10-11.) 132 Imoact IV.10-6: Stormwater Drainaee Svstem Expansions. Development consistent with General Plan 2020 would not require the expansion of existing stormwater drainage systems. This would be a less - than -significant impact. (DEIR, p. IV.10-11.) Finding: Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.1 Mitigation Measure: None required. (DEIR, p. W.10-12.) Explanation: Development consistent with General Plan 2020 would be concentrated in existing urbanized portions of Planning Area watersheds, which occur at the lower elevations. This pattern of development would not result in quantifiable increases in peak flow rates for the subject watersheds and therefore would not require significant expansions of the stormwater drainage system. Additional development allowed in less urbanized, upstream watershed areas would occur at the lowest residential densities, Hillside Residential (0.5-2 units/acre) and Hillside Residential Resource (0.1-0.5 units/acre). In these cases, storm drain system expansions are typically not financially viable and local drainage patterns and drainageways are maintained. Such development does not discernibly increase watershed peak flow rates, since the time of concentration for storm runoff is not significantly altered. In addition, published runoff coefficients for the comparable hillside residential land use category evaluated by USGS researchers are the same as those utilized for natural watershed uses. (DEIR, p. IV. 10-12.) Furthermore, implementation of General Plan 2020 policies and programs listed in Impacts IV. 10-1 and IV. 10-3 would address development impacts stemming from the construction of any new or expanded storm drain facilities. The policies and programs cited in these impacts would apply directly to the water quality, erosion/siltation, and flooding impacts that would accompany any new construction of drainage facilities. Adoption and implementation of these policies and programs would act collectively to further reduce any potential impacts related to construction of stormwater drainage facilities. (DEIR, p. IV. 10-12.) Because expansions of the stormwater drainage system are not expected this would be a less -than -significant impact. (DEIR, p. IV.10-12.) 133 Significance After Mitigation: Because expansions of the stormwater drainage system are not expected this would be less than significant without mitigation. (DEIR, p. TV. 10-12.) Impact IV.10-7: Exposure of People or Structures to Floodine Hazards. Development consistent with General Plan 2020 would potentially result in the siting of residential or commercial structures in floodplains, subjecting the people and/or structures to hazardous floodflows. However, development consistent with General Plan 2020 would not be expected to increase peak flow rates. Also, with implementation of General Plan 2020 policies and programs related to flooding and hydrology this would be a less -than - significant impact. (DEIR, p. IV.10-12.) Finding: Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.1 Mitigation Measure: None required. (DEIR, p. IV. 10-13.) Explanation: Adherence to the normal environmental and engineering review procedures utilized by the City should minimize the risk of any flood damage to new development. The parts of the Planning Area that could be subjected to such flood hazards are located in low-lying or immediately adjacent terrain where flooding is influenced by tide heights in San Rafael Bay and the San Rafael Canal. The removal of the St. Vincent's/Silveira parcel from the Planning Area would eliminate any potential impact development might have had on flooding along the tidal reach of Miller Creek. As discussed in Impacts IV. 10-4 and IV. 10-6, new development is not expected to cause local increases in peak flow rates, which could affect the performance of existing stormwater drainage facilities (e.g. exceed storm drain capacities) and increase the local exposure to flooding. (DEIR, pp. IV.10-12 to IV. 10-13.) Furthermore, General Plan 2020 contains policies and programs that, if adopted and implemented, would address development impacts stemming from the construction of new residential or commercial structures in active channel floodplains. These programs and policies include: Policy S-15 Flood Protection of New Development; and Program S - 15a Title 18 Flood Protection Standards. (See DEIR, p. IV.10-13 and FEIR, pp. XII -2 to XII.3.) In addition, S-18 Rise in Sea Level has been amended and program S -17b has been added to General Plan 2020 to provide greater flood protection. (FEIR, p. IX -591.) 134 Because development consistent with General Plan 2020 is not expected to cause increases in peak flow rates, and with implementation of General Plan 2020 policies and programs, this would be a less -than -significant impact. (DEIR, p. IV. 10-13.) Significance After Mitigation: Because development consistent with General Plan 2020 is not expected to cause increases in peak flow rates, and with implementation of General Plan 2020 policies and programs, this would be less than significant without mitigation. (DEIR, p. IV.10-13.) Impact IV.10-8: Inundation by Seiche, Tsunami or Mudflow. Development consistent with General Plan 2020 could result in the construction of low-lying residential or commercial projects that may be subject to inundation by an earthquake -induced tsunami. With implementation of General Plan 2020 policies and programs related to flooding and levee improvements this would be a less -than -significant impact. (DEIR, p. IV. 10-13.) Finding: Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.) Mitigation Measure: None required. (DEIR, p. IV. 10-14.) Explanation: The partially protected San Rafael and western San Pablo Bay areas within the Planning Area would not be subject to potential flooding due to the generation of wind -induced seiches on San Francisco Bay. In addition, hillside development under General Plan 2020 would be limited in San Rafael. Furthermore, some parcels with current residential and/or commercial designation would have Conservation and Open Space designation under General Plan 2020. Thus, General Plan 2020 would have a no impact on the potential for inundation due to mudflows triggered by intense rainstorms and associated geological instabilities. (DEIR, p. IV.10-13.) A 7.0-8.0 Richter magnitude earthquake with an epicenter nearby along the northern San Andreas fault, could cause strong tsunamis in the San Rafael and Western San Pablo Bays. The Corps of Engineers' Waterway Experiment Station investigated tsunami generation by earthquakes and the resulting affect on wave runup in San Francisco Bay. The study predicted 100 -year wave runup heights of 4.9 feet for the bayside areas of San 135 Rafael. Given the existing mean high water (MHW) and mean higher high water (MHHW) elevations of 2.54 feet NGVD (National Geodetic Vertical Datum, or 1929 mean sea level) and 3.13 feet NGVD, respectively, the upper range of flood elevations for the 100 year tsunami event is projected to be 7.5 feet to 8.0 feet NGVD. According to City engineering staff, some sections of existing bayside levees have subsided to elevations less than this extrapolated flooding range. Thus, in the absence of a completed program of raising and renovation of these substandard levees, a strong tsunami could overtop or breach portions of the levees and flood adjacent low-lying areas, particularly in East San Rafael. While the removal of the St. Vincent's/Silveira properties from the Planning Area would eliminate any potential impact development might have had on tsunami -generated flooding along the tidal reach of Miller Creek, the potential for such overtopping or breaching remains in other parts of the City. (DEIR, pp. IV. 10-13 to IV.10-14.) General Plan 2020 contains several policies and programs in the Neighborhoods and Safety Elements that, if adopted and implemented, would require potential developers of properties served by inadequate bayside levees to upgrade levees and provide flood protection levels commensurate with those currently cited in City standards. The City currently requires finished floor elevations of +10 ft. NGVD after 30 years of settlement, which is sufficient to deter overtopping during the 100 -year tsunami. These policies and programs include: Policies NH -55 Flood Control Improvements, 5-15 Flood Protection of New Development, S-17 Levee Upgrading, and 5-18 Rise in Sea Level, and Programs NH -55a Flood Control, S -15a Title 18 Flood Protection Standards, S -17a Levee Improvement, S -17b Levee Maintenance Funding, and S -18a Rise in Sea Level. (See DEIR, p. IV. 10-14). These policies and programs would minimize the likelihood of severe flooding in the tidal zones adjacent to San Rafael and San Pablo Bays, including the Canal Neighborhood, and would also ensure that the City amend its development criteria if the rate of sea level rise predicted by the majority of the scientific community (and regional authorities) supports such action. Implementation of the policies and programs would act collectively to reduce this impact to a less -than -significant level. (DEIR, p. IV.10-14.) Significance After Mitigation: General Plan 2020 polices and programs would minimize the likelihood of severe flooding in the tidal zones and would act collectively to reduce this impact to less than significant without mitigation. (DEIR, p. IV.10-14.) Cumulative HvdroloLv, Water Oualitv, and Flood Hazards Impacts The hydrologic analysis (see Sectio: IV 10 Hydrology, Water Quality, and Flood Hazards of the DEIR) considers all development and growth within the Planning Area and therefore considers also the cumulative impacts for such development, including impacts to regional water bodies such as San Rafael Bay and San Francisco Bay. For Miller Creek, which is not fully contained within the Planning Area, the cumulative 136 analysis considers the Miller Creek watershed which includes areas that are outside of the Planning Area, including the St. Vincent's and Silveira properties. Cumulative hydrology and water quality impacts would occur through additional loading of water contaminants in the San Rafael and San Francisco bays, decreases in impervious surfaces for groundwater recharge, and construction. Development consistent with General Plan 2020 would not have negative groundwater impacts and therefore would not have cumulative groundwater impacts. Due to the low levels of actual new construction projected with the proposed project, as well as the NPDES Phase II requirements, it would not have cumulative erosion, siltation, or water quality impacts. Because incremental increases in development would be concentrated in the existing urbanized portions of the San Rafael watersheds, cumulative flooding and stormwater drainage impacts would be less -than -significant. Additionally, because General Plan 2020 does not propose significant new development within the low lying areas, it would not result in cumulative tidal flooding, seiche, tsunami, or mudflow impacts. In summary, cumulative development in the Planning Area would not result in a significant cumulative impact. (FEIR, p. IX -654.) Finding Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.) Mitigation Measure: None required. (FEIR, p. IX -654.) Significance After Mitigation Cumulative hydrology, water quality, and flood hazard impacts would be less than significant. (FEIR, p. IX -654.) K. AGRICULTURE Impact IV.11-1: Farmland Conversion. Development consistent with General Plan 2020 will have no adverse effect on conversion of farmland to non-agricultural use. This would be a less - than -significant impact. (DEIR, p. IV. 11-2.) Finding: 137 Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.1 Mitigation Measure: None required. (DEIR, p. IV. 11-2.) Explanation: The St. Vincent's and Silveira properties that are considered the majority of the Farmland of Local Importance are no longer in San Rafael's Planning Area. Therefore development consistent with General Plan 2020 would not convert farmland in that area to non-agricultural use. (DEIR, p. IV. 11-2.) The Marin County Open Space District Preserves, including the Lucas Valley Open Space Preserve, protects the land along Lucas Valley Road that are currently identified as Grazing Land by the California Department of Conservation. The Grazing Lands within the Lucas Valley Homeowner's Association are also protected open space. Due to these protections, these agricultural lands would not be developed. (DEIR, p. IV. 11-2.) The remaining private properties that are considered Grazing Lands, are on the southern side of Lucas Valley Road. This area includes properties owned by James A. Hetfield (APN 164-320-007, 510 acres; and APN 164-320-14, 611 acres, also known as Luiz Ranch). Approximately 400 acres of APN 164-320-07 has an agricultural conservation easement with the Marin County Open Space District, however a recent survey found that there is no crop production and no cattle grazing was observed on the site. Currently there is no cattle grazing on APN 164-320-14 either. Under General Plan 2020 these properties would have a land use designation of Hillside Resource Residential which would allow for a gross density of 0.1— 0.5 units per acre due to the characteristics of very steep slopes typical of sensitive hillside areas in the Planning Area. (DEIR, p. IV. 11-2.) There is no current agriculture use on lands that are not currently protected by open space or agricultural conservation easements. Therefore, development consistent with General Plan 2020 would not result in the conversion of any type of farmland to non-agricultural uses. This would be a less -than -significant impact. (DEIR, p. IV. 11-2.) Significance After Mitigation: Development consistent with General Plan 2020 would not result in the conversion of any type of farmland to non-agricultural uses and would be less than significant without mitigation. 138 Cumulative Agriculture Impacts The agriculture analysis considers all development and growth within the Planning Area and therefore considers the cumulative impacts of such development. Cumulative development within the Planning Area consistent with General Plan 2020 would not convert agricultural land and therefore would result in a less -than -significant cumulative impact. (FEIR, p. IX -654.) Finding Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.) Mitigation Measure: None required. (FEIR, p. IX -654.) Significance After Mitigation Cumulative agricultural impacts would be less than significant. (FEIR, p. IX -654.) IX. GROWTH INDUCEMENT CEQA requires a discussion of the ways in which the Project could be growth inducing. CEQA also requires a discussion of ways in which a project may remove obstacles to growth, as well as ways in which a project may set a precedent for future growth. CEQA Guidelines Section 15126.2, subdivision (d), identifies a project as growth inducing if it fosters economic or population growth, or the construction of additional housing, either directly or indirectly, in the surrounding environment. New employees from commercial and industrial development and new population from residential development represent direct forms of growth. These direct forms of growth have a secondary effect of expanding the size of local markets and inducing additional economic activity in the area. Examples of development that would indirectly facilitate growth include the installation of new roadways or the construction or expansion of water delivery/treatment facilities. The Project's growth inducing impacts are discussed below. Development consistent with General Plan 2020 would result in up to 401,000 additional square feet of non-residential uses, 5,104 additional households, and 12,708 more residents within the Planning Area over existing conditions. While General Plan 2020 would accommodate this growth, in some instances it would have the effect of restricting development due to changes in land use designations. Adoption of General Plan 2020 would not remove infrastructure limitations that otherwise would limit growth, nor would adoption of the plan remove regulatory constraints that could result in future unforeseen growth. Moreover, the proposed changes would be expected to concentrate urban 139 development in areas that already have urban services. Therefore, while General Plan 2020 would induce some growth, it would not be expected to have negative growth inducing impacts. Impacts associated with the growth expected with General Plan 2020 are analyzed in the appropriate sections throughout the EIR. (DEIR, p. V-7.) X. SIGNIFICANT IRREVERSIBLE ENVIRONMENTAL EFFECTS CEQA requires that significant irreversible environmental changes must be addressed in an EIR for the adoption of a plan. Specifically, the EIR must consider whether "uses of nonrenewable resources during the initial and continued phases of the project may be irreversible since a large commitment of such resources makes removal or nonuse thereafter unlikely." Nonrenewable resources, in this discussion, refer to the physical features of the natural environment, such as land, air, and waterways. (DEIR, p. V-6.) The changes in land use designations proposed by General Plan 2020 would result in commitment of these areas to the designated uses for the foreseeable future. Additionally, the addition of mixed use designations to General Plan 2020 would allow the development of differing uses that may not have been previously anticipated. (DEIR, p. V-7.) Irreversible changes are also likely to occur due to future excavation, grading, and construction activities associated with the development of uses allowed under General Plan 2020. Although these changes can generally be addressed by mitigation measures, the potential for disturbance would represent an irreversible change. General Plan 2020 would also result in irreversible changes by increasing densities and introducing development onto the remaining presently undeveloped sites. (DEIR, p. V-7.) Development consistent with General Plan 2020 would result in changes to traffic and circulation, and would thus increase air pollution and noise emissions. Other irreversible changes associated with General Plan 2020 are the future use of nonrenewable resources during construction, including concrete, glass, plastic, and petroleum products. Operation of future uses would also consume natural gas and electric energy as well as water. (DEIR, p. V-7.) XI. PROJECT ALTERNATIVES Public Resources Code section 21002 provides that "public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects[.]" (Pub. Resources Code, § 21002, italics added.) The same statute states that the procedures required by CEQA "are intended to assist public agencies in systematically identifying both the significant effects of proposed projects and the feasible alternatives or feasible mitigation measures which will avoid or substantially lessen such significant effects." (]bid., italics added.) Section 21002 goes on to state that 140 "in the event [that] specific economic, social, or other conditions make infeasible such project alternatives or such mitigation measures, individual projects may be approved in spite of one or more significant effects." (Ibid.) CEQA defines "feasible" to mean capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors." (Pub. Resources Code, § 21061.1.) The CEQA Guidelines add another factor: "legal" considerations. (CEQA Guidelines, § 15364; see also Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal.3d 553, 565 (Goleta II).) Among the factors that may be taken into account when addressing the feasibility of alternatives are site suitability, economic viability, availability of infrastructure, general plan consistency, other plans or regulatory limitations, jurisdictional boundaries, and whether the proponent can reasonably acquire, control or otherwise have access to the alternative site. (CEQA Guidelines, § 15126.6, subd. (f)(1).) The concept of "feasibility" also encompasses the question of whether a particular alternative or mitigation measure promotes the underlying goals and objectives of a project. (City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 410, 417.) Where a significant impact can be substantially lessened (i.e., mitigated to an "acceptable level") solely by the adoption of mitigation measures, the lead agency, in drafting its findings, has no obligation to consider the feasibility of alternatives with respect to that impact, even if the alternative would mitigate the impact to a greater degree than the Project. (Pub. Resources Code, § 21002; Laurel Hills Homeowners Association, supra, 83 Cal.App.3d at p. 521; see also Kings County Farm Bureau v. City of Hanford (1990) 221 Cal.App.3d 691, 730-731; and Laurel Heights Improvement Association v. Regents of the University of California (198 8) 47 Cal.3d 376, 400-403.) In short, CEQA requires that the lead agency adopt mitigation measures or alternatives, where feasible, to substantially lessen or avoid significant environmental impacts that would otherwise occur. Project modification or alternatives are not required, however, where such changes are infeasible or where the responsibility of modifying the project lies with some other agency. (CEQA Guidelines, § 15091, subds. (a), (b).) With respect to a project for which significant impacts are not avoided or substantially lessened, a public agency, after adopting proper findings, may nevertheless approve the project if the agency first adopts a statement of overriding considerations setting forth the specific reasons why the agency found the project's "benefits" rendered "acceptable" its "unavoidable adverse environmental effects." (CEQA Guidelines, §§ 15093, 15043, subd. (b); see also Pub. Resources Code, § 21081, subd. (b).) The California Supreme Court has stated that, "[t]he wisdom of approving ... any development project, a delicate task which requires a balancing of interest, is necessarily left to the sound discretion of the local officials and their constituents who are responsible for such decisions. The law as we interpret and apply it simply requires that those decisions be informed, and therefore balanced." (Goleta II, supra, 52 Cal.3d at p. 576.) The preceding discussion regarding Project impacts reveals that nearly every significant effect identified in the FEIR has been at least substantially lessened, if not fully avoided, 141 by the adoption of feasible mitigation measures. There remain a handful of impacts, however, that were identified as significant and unavoidable and which cannot be substantially lessened. Specifically, the Project had significant unavoidable adverse impacts related to: • Transportation/circulation impacts (Impacts IV.2-3, IV.2-4, IV.2-5, IV.2-6, IV.2- 9, IV.2-13); • Impacts related to rail noise (Impact 1V.4-2); • Release of hazardous materials (Impact N.5-3); • Public service impacts (Impacts IV.5-6 (police), IV.5-8 (parks), IV.5-9 (libraries)); • Impacts related to water and wastewater services (Impacts N.5-11, IV.5-12); and • Impacts related to the potential for landslides (Impact IV.9-3). Thus, as a legal matter, the City, in considering alternatives in these findings, need only determine whether any alternatives are enviromnentally superior with respect to those impacts. If any alternatives are in fact superior with respect to those impacts, the City is then required to determine whether the alternatives are feasible. If the City determines that no alternative is both feasible and environmentally superior with respect to the unavoidable significant impacts identified in the DEIR, the City may approve the Project as mitigated, after adopting a statement of overriding considerations. The DEIR examined the Project alternatives in detail, exploring their comparative advantages and disadvantages with respect to the Project. As the following discussion demonstrates, however, only the Project as proposed is feasible in light of Project objectives and other considerations. The City therefore adopts the Project. Summary of Alternatives Considered The EIR examines three alternatives to the Project: Alternative 1. No Project /No Development— existing conditions, no further development Alternative 2. No project /No Action / General Plan 2000 — continued development under General Plan 2000 Alternative 3. Reduced Development — a lower intensity development alternative (DEIR, p. VI -1.) Alternative 2 (General Plan 2000) would have the most commercial and industrial/office development, as well as the most residential units; and Alternative 3 (Reduced Development) would have the highest number of lodging rooms. Both the proposed project (Draft General Plan 2020) and Alternative 3 (Reduced Development) would have the highest amount of recreation development. (DEIR, p. VI -1.) 142 Alternative 2 (General Plan 2000) would have the highest population and, correspondingly, the highest number of households; Alternative 2 (General Plan 2000) would also have the highest total employment and the highest number of employed residents. (DEIR, p. VI -2.) The alternatives were formulated to provide a realistic and representative range of potential use and development concepts for the City. The principal criterion for selecting the alternatives studied in the EIR was to ensure that the range of concepts evaluated would be sufficient to provide information to the public and public officials to make decisions about the proposed plan. (DEIR, p. VI -1.) Evaluation of Alternative Sites The CEQA Guidelines require an EIR's analysis to include an evaluation of alternative sites. However, where no alternative site is feasible, the reasons must be stated. This Project consists of an update to the City's General Plan and therefore, it would not be feasible to consider any alternative sites. Environmentally Superior Alternative The CEQA Guidelines require that an EIR's analysis of alternatives identify the "environmentally superior alternative" among all of those considered. Based on the analysis of the project and the alternatives considered, the EIR finds that Alternative 1 (No Project /No Development) would be the environmentally superior alternative because it would avoid most of the environmental impacts associated with increased development. (DEIR, p. VI -24.) The Guidelines also state that, if the environmentally superior alternative is the No Project Alternative, the EIR shall also identify an environmentally superior alternative among the other alternatives. (CEQA Guidelines, § 15126.6, subd. (e)(1).) Based on a comparison of the of the significant environmental impacts of all the development alternatives, Alternative 3 (Reduced Development) and General Plan 2020 would result in the same number of significant unavoidable impacts and the same number of less -than - significant impacts. Alternative 3 (Reduced Development) would result in slightly reduced significant impacts than the proposed project and therefore would be the environmentally superior alternative. The primary advantage of this alternative is that less development would reduce the opportunities for potential impacts, particularly as they relate to construction and traffic. (DEIR, p. VI -24.) Environmental Imp acts Land Use. Population. Emplovment. and Housing While none of the alternatives, or General Plan 2020, would result in significant land use, population, employment, or housing impacts, Alternative 1(No Project /No Development), would be the environmentally superior alternative with respect to land 143 use, population, employment, and housing. This alternative would result in the least possibility of impacts related to these issues. (DEIR, p. VI -24.) Land use impacts would be greatest with Alternative 2 (General Plan 2000). Alternative 3 (Reduced Development), would have the least land use, population, employment, and housing impacts of the development alternatives. Because this alternative would result in less development than Alternative 2 (General Plan 2000) or General Plan 2020, it would result in slightly fewer opportunities for potential impacts related to land use changes or population, employment, or housing increases. (DEIR, p. VI -24.) 2. Transt)ortation and Circulation Both General Plan 2020 and Alternative 3 (Reduced Development) would be the environmentally superior alternatives with respect to transportation and circulation. These scenarios both would have similar levels of impacts, and would result in less impacts than Alternative 1 (No Project /No Development) and Alternative 2 (General Plan 2000). (DEIR, p. VI -25.) In comparison of Draft General Plan 2020 and Alternative 3 (Reduced Development), Alternative 3 (Reduced Development) would have a lower level of development. As a result, there would be slight differences in the LOS at some intersections and roadway segments. In most cases, the intersections would operate at the same LOS with a less than five second difference in delay. For example, in the PM peak hour, Second Street and A Street intersection would operate at LOS F under both General Plan 2020 and the Alternative 3 (Reduced Development) conditions. Under Alternative 3 (Reduced Development) conditions, this intersection would experience a delay of 1.9 seconds less than under General Plan 2020. (DEIR, p. VI -25.) At one of the intersections that would operate at an unacceptable level, the delay experienced under Alternative 3 (Reduced Development) conditions would be slightly more than the delay experienced under Draft General Plan 2020. This intersection, Fourth Street and Ross Valley Road, in the AM peak, would result in a 0.6 second greater delay under Alternative 3 (Reduced Development). (DEIR, p. VI -25.) At one intersection, the difference in delay would be greater than five seconds. This intersection, Shoreline and Francisco East, in the PM peak hour, would operate at LOS D under both Draft General Plan 2020 and Alternative 3 (Reduced Development) conditions, with a 6.8 second greater delay under Draft General Plan 2020 conditions. This LOS, however, is considered acceptable and would not result in an impact under either General Plan 2020 or the Alternative 3 (Reduced Development) conditions. (DEIR, p. VI -25.) For roadway segments, under Alternative 3 (Reduced Development), all segments have a 0.1 to 0.2 second improvement except for two segments: Bellam between Andersen and Kerner, in the PM peak hour, and Lindaro between Andersen and Third, also in the PM peak hour. Bellam would improve from LOS, and a calculated speed of 9.7 miles per 144 hour (mph), under Draft General Plan 2020, to LOS E, and a calculated speed of 9.4 mph. This difference would result in an improved LOS, but a difference in calculated speed of less than five miles per hour. Lindaro, on the other hand, would stay at the same LOS, but calculated speeds would be 0.1 mph slower under Alternative 3 (Reduced Development) than under Draft General Plan 2020. (DEIR, p. VI -25.) Thus, the differences between Draft General Plan 2020 and Alternative 3 (Reduced Development) are minimal, and both would be considered the environmentally superior alternative with respect to transportation and circulation. (DEIR, p. VI -25.) 3. Air Oualitv Alternative 3 (Reduced Development) would be the environmentally superior alternative with respect to air quality impacts. Similar to General Plan 2020, Alternative 3 (Reduced Development) would not result in any significant air quality impacts based on BAAQMD significance thresholds for general plans. It would, however, result in less development than General Plan 2020 and therefore less regional emissions from mobile, stationary and area sources of pollution. Both Alternatives 1 (No Project / No Development) and 2 (General Plan 2000) would result in significant and unavoidable air quality impacts. (DEIR, pp. VI -25 to VI -26.) 4. Noise Alternative 1 (No Project / No Development) would be the environmentally superior alternative with respect to noise impacts. This alternative would result in no impacts due to traffic or airport noise. This alternative would not result in new stationary noise sources, nor would this alternative result in the development of future noise sensitive development in existing noisy environments. As with all of the alternatives, and General Plan 2020, this alternative would result in significant unavoidable impacts related to SMART generated noise. (DEIR, p. VI -26.) Similar to General Plan 2020, Alternative 3 (Reduced Development) would not result in any significant noise impacts, except those associated with SMART. Because Alternative 3 (Reduced Development) would result in less development than General Plan 2020, it would result in slightly less noise impacts related to traffic increases and fewer potential impacts related to stationary noise sources. Alternative 2 (General Plan 2000) would result in greater noise impacts than General Plan 2020, Alternative 1 (No Project /No Development), and Alternative 3 (Reduced Development). (DEIR, p. VI -26.) 5. Public Services and Utilities All of the alternatives would result in similar impacts to public services and utilities. Alternative 1 (No Project / No Development) and Alternative 2 (General Plan 2000) would result in one more significant unavoidable impact than Draft General Plan 2020 and Alternative 3 (Reduced Development) because these alternatives would address hazardous materials near schools. (DEIR, p. VI -26.) 145 Alternative 3 (Reduced Development) however, would have reduced public services and utilities impacts, because this alternative would result in the least amount of development and the lowest population. Impacts for Alternative 3 (Reduced Development) would be slightly less severe due to the lower potential for exposure to hazardous materials and the lower demand for services such as police protection and wastewater treatment. However, the difference between Alternative 3 (Reduced Development) and Draft General Plan 2020 would be minor in this regard. (DEIR, p. VI -26.) Cultural Resources Alternative 1 (No Project / No Development), Alternative 2 (General Plan 2000), Alternative 3 (Reduced Development), and General Plan 2020 would all have no significant impacts to archaeological, prehistoric, historic, or cultural resources. Cultural resources impacts would be similar for General Plan 2020 and all of the alternatives. (DEIR, p. VI -26.) 7. VisualOuality Alternative 1 (No Project / No Development) would be the environmentally superior alternative with respect to visual quality as scenic resources as the visual quality of the city would be maintained in the existing conditions. (DEIR, p. VI -26.) Alternative 3 (Reduced Development) and General Plan 2020 would have similar visual quality impacts. Alternative 3 (Reduced Development) would, however, result in less development and therefore fewer opportunities for visual quality impacts compared to Draft General Plan 2020. In addition, this alternative would include General Plan 2020 programs and policies that address nighttime lighting impacts and other visual quality impacts. Alternative 2 (General Plan 2000) would result in the most visual quality impacts. (DEIR, p. VI -27.) Biological Resources Alternative 1 (No Project / No Development) would be the environmentally superior alternative with respect to biological resources as it would result in no biological resources impacts beyond the potential invasive species impact. (DEIR, p. VI -27.) Alternative 3 (Reduced Development) and General Plan 2020 would have similar biological resources impacts. Alternative 3 (Reduced Development) would, however, have slightly less biological resources impacts than General Plan 2020. Alternative 2 (General Plan 2000) would result in the most biological resources impacts. Because Alternative 3 (Reduced Development) would result in the least amount of development, the special status species and sensitive natural communities impacts, while still significant, would be slightly less than the impacts identified with General Plan 2020. (DEIR, p. VI -27.) "MI 9. Geolo2v. Soils, and Seismicitv Alternative 1 (No Project / No Development), would be the environmentally superior alternative with respect to geology, soils, and seismicity. This alternative would result in no significant impacts related to geologic resources or seismic activity. (DEIR, p. VI - 27.) Alternative 3 (Reduced Development) and General Plan 2020 would have similar geology, soils and seismicity impacts. Alternative 2 (General Plan 2020) would have the most significant geology, soils, and seismicity impacts of all of the development alternatives. Alternative 3 (Reduced Development) would have the slightly less geologic impacts than General Plan 2020 because it would result in less development and therefore fewer opportunities for impacts related to ground failure. (DEIR, p. VI -27.) 10. Hvdrolorzv, Water Oualitv, and Flood Hazards While General Plan 2020 would not result in any significant hydrology impacts, Alternative 1 (No Project / No Development) would be the environmentally superior alternative with respect to hydrology, water quality, and flood hazards. Because this alternative would result in no additional development, this alternative would result in the least opportunity for potential significant hydrology -related impacts. (DEIR, p. VI -27.) Alternative 3 (Reduced Development) would be the environmentally superior alternative of the development alternatives. Similar to General Plan 2020 and Alternative 1 (No Project / No Development), Alternative 3 (Reduced Development) would have no significant hydrology impacts. However, because this alternative would result in less development and less of an increase in population and employment than General Plan 2020 it would also result in slightly fewer opportunities for potential impacts related to hydrology. Alternative 2 (General Plan 2000) would result in the most significant hydrology -related impacts. (DEIR, p. VI -27.) 11. Agriculture Agricultural impacts would be similar for General Plan, Alternative 1 (No Project / No Development) and Alternative 3 (Reduced Development). Alternative 2 (General Plan 2000) would result in a significant impact to agricultural lands. (DEIR, p. VI -28.) A. ALTERNATIVE 1: NO PROJECT/NO DEVELOPMENT ALTERNATIVE Description This alternative would reflect the existing conditions with no additional development within the City of San Rafael Planning Area beyond what has been approved but not yet built. The current conditions in the City of San Rafael Planning Area would remain. The environmental impacts are described by the existing conditions as reflected by the San Rafael General Plan 2020 Background Report, dated April, 2001. This alternative 147 reflects the least amount of development of the alternatives analyzed. (DEIR, p. VI -1, FEIR, p. IX -655.) Environmental Impacts Land Use. Population. Emplovment, and Housine This alternative would result in no new development beyond what has already been approved, and all of the existing land uses would remain. Therefore potential new conflicts would not be created, however any existing land use conflicts would also remain. These would be less -than -significant impacts. (FEIR, p. IX -657.) Because there would be only minimal change in the population, jobs, or housing, there would be only minimal impacts related to the growth and concentration of population, the employment growth rate, or the jobs -to -housing ratio. (FEIR, p. IX -657.) 2. Transportation and Circulation For the Transportation and Circulation Alternative 1 (No Project/No Development) the Baseline conditions developed for the project analysis were used, except for freeway analysis. Baseline conditions includes development which has been approved but not yet built. No additional development is included beyond what has been already approved. The same as for General Plan 2020, the freeway analysis for this alternative uses the latest available information (1998), referred to as Existing conditions. Intersections Impact IV.2-1 As discussed in Section IV.2 implementation of General Plan 2020 without improvements would result in unacceptable LOS at intersections. However, Draft General Plan 2020 improvements would result in acceptable LOS at these intersections. In contrast to the proposed project, under Alternative 1, the following intersections (see Exhibit VIII.3-4 in Appendix VIII.3), not including those addressed in Impacts IV.2-2 through 5, below, would operate at unacceptable levels: • 2°d and Grand (LOS E during the PM peak hour) • 5 t and A (LOS E during the AM peak hour) • 5`h and H (LOS E during the AM peak hour) • Mission and Grand (LOS E during the AM peak hour) • Mission and Grand (LOS E during the PM peak hour) • Smith Ranch and US 101 NB Ramps (LOS E during the AM peak hour) Because these intersections would not benefit from traffic improvement projects associated with either General Plan 2020 or General Plan 2000, impacts at these intersections would therefore remain significant and unavoidable. Impact IV.2-2 Under Baseline conditions, the Second Street and A Street intersection would operate at an LOS that is unacceptable for Downtown area intersections (LOS F AM & PM peak). This would be a significant unavoidable impact. It should be noted 148 General Plan 2020 improvements would result in LOS C in the AM and LOS E in the PM for this intersection. Impact IV.2-3 Under Baseline conditions, the Third Street and Union Street intersection would operate at an LOS that is acceptable for City intersections (LOS C AM peak / LOS D PM peak). This would be a less -than -significant impact. It should be noted that with implementation of General Plan 2020 this intersection would operate at an unacceptable LOS. Impact IV.2-4 Under Baseline conditions, during the AM peak hour the Lincoln Avenue intersection with US 101 Southbound ramps would operate at an LOS that is acceptable for City intersections (LOS D). However, in the PM peak hour, this intersection would operate at an LOS that is unacceptable for City intersections (LOS E). This would be a significant unavoidable impact. It should be noted that with implementation of General Plan 2020 in the PM peak hour this intersection would also operate at an unacceptable LOS. Impact IV.2-5 Under Baseline conditions, during the AM peak hour the Mission Avenue and Irwin Street intersection would operate at an LOS that is acceptable for that intersection (LOS C). However, in the PM peak hour, this intersection would operate at an LOS that is unacceptable for this intersection (LOS F). The increase in delay (for Baseline conditions over Existing conditions) for the PM peak hour would not be greater than five seconds, which would be a less -than -significant impact. With implementation of General Plan 2020, there would be a significant impact at this intersection in the PM. City and CMA Roadway Segments Impact IV.2-6 As discussed in Section N.2 implementation of General Plan 2020 would result in unacceptable roadway operations on A Street from 2"a to 5th and on two segments of Freitas. In contrast to the proposed project, under Alternative 1, the following City roadway segments would operate at unacceptable (LOS E or F) levels: • 2°a Street — eastbound from G to Grand (LOS E in the AM peak hour) • 2"d Street — eastbound from G to Grand (LOS E in the PM peak hour) • 5th Street — westbound from Irwin to E (LOS E in the AM peak hour) • A Street — northbound from 2°a to 5th (LOS F in the PM peak hour) • A Street — southbound from 4th to 2°a (LOS E in the AM peak hour) • A Street — southbound from 4th to 2" a (LOS F in the PM peak hour) • B Street — southbound from 5th to 2°a (LOS E in the AM peak hour) • B Street — southbound from 5th to 2" a (LOS E in the PM peak hour) • Bellam Boulevard — eastbound from Andersen to Kerner (LOS E in the PM peak hour) • Bellam Boulevard — westbound from Kerner to Andersen (LOS E in the AM peak hour) • Bellam Boulevard — westbound from Kerner to Andersen (LOS E in the PM peak hour) • C Street — northbound from 2'd to 5th (LOS E in the AM peak hour) • C Street — northbound from 2°a to 5th (LOS F in the PM peak hour) 149 • Del Presidio Boulevard — northbound from Las Gallinas to Frietas (LOS F in the AM peak hour) • Del Presidio Boulevard — northbound from Las Gallinas to Frietas (LOS E in the PM peak hour) • Del Presidio Boulevard — southbound from Freitas to Las Gallinas (LOS E in the AM peak hour) • Del Presidio Boulevard — southbound from Freitas to Las Gallinas (LOS F in the PM peak hour) • E Street — northbound from 2nd to 5th (LOS E in the AM peak hour) • E Street — northbound from 2nd to 5th (LOS F in the PM peak hour) • E Street — southbound from 5th to 2nd (LOS F in the AM peak hour) • E Street — southbound from 5th to 2nd (LOS F in the PM peak hour) • Grand Avenue — southbound from 4th to 2nd (LOS F in the AM peak hour) • Grand Avenue — southbound from 4th to 2nd (LOS F in the PM peak hour) • Hetherton Street — southbound from Mission to 2nd (LOS E in the AM peak hour) • Hetherton Street — southbound from Mission to 2nd (LOS F in the PM peak hour) • Irwin Street — northbound from 2nd to Mission (LOS F in the AM peak hour) • Irwin Street — northbound from 2nd to Mission (LOS F in the PM peak hour) • Lincoln Avenue — northbound from 2nd to US 101 SB/Hammondale (LOS E in the PM peak hour) • Lincoln Avenue — southbound from US 101 SB[Hammondale to 2„ d (LOS E in the AM peak hour) • Lindaro Street — northbound from Andersen to 3rd (LOS E in the AM peak hour) • Lindaro Street — northbound from Andersen to 3rd (LOS F in the PM peak hour) • Lindaro Street — southbound from 3rd to Andersen (LOS F in the AM peak hour) • Lindaro Street — southbound from 3rd to Andersen (LOS E in the PM peak hour) • Mission Avenue — westbound from Irwin to Lincoln (LOS F in the AM peak hour) • Mission Avenue — westbound from Irwin to Lincoln (LOS F in the PM peak hour) Because these City roadway segments would not benefit from traffic improvement projects associated with either General Plan 2020 or General Plan 2000, this would be a significant unavoidable impact. Impact IV.2-7 Because this alternative reflects the Baseline conditions, the roadway segments included in Impact IV.2-6 above represent the roadway segments that would 150 continue to operate at LOS E or F. Therefore, this impact is not applicable to Alternative 1 (No Project/No Development). Impact IV.2-8 The same as for General Plan 2020 under Baseline conditions, all of the Congestion Management Agency (CMA) roadway segments would operate at acceptable LOS (LOS D or better). This would be a less -than -significant impact. Freeway Facilities Impact IV.2-9 As discussed in Section IV.2 implementation of General Plan 2020 would result in unacceptable roadway operations the following freeway sections: • Northbound US 101 north of Miller creek during the PM peak hour • Eastbound 1-580 at the Richmond Bridge during the PM peak hour • Westbound I-580 at the Richmond Bridge during the AM peak hour • WestboundI-580 to northbound US 101 at the interchange in the AM and PM peak hour In contrast to the proposed project, under Alternative 1 conditions the following freeway sections would operate at an unacceptable (LOS F) level: • US 101 — southbound from Cal Park Hill to Sir Francis Drake (LOS F in the AM peak hour) • US 101 & I-580 interchange — southbound US 101 to eastbound I-580 (LOS F in the AM peak hour) • US 101 & I-580 interchange — southbound US 101 to eastbound I-580 (LOS F in the PM peak hour) • US 101 & I-580 interchange — westbound I-580 to northbound US 101 (LOS F in the AM peak hour) • US 101 & I-580 interchange — westbound I-580 to northbound US 101 (LOS F in the PM peak hour) Because these freeway sections would not benefit from traffic improvement projects associated with either General Plan 2020 or General Plan 2000, this would be a significant unavoidable impact. However, these would have the benefit of the GAP closure project, as described in Section IV.2 Transportation and Circulation, and it is likely that operations would improve somewhat for US 101 southbound from Cal Park Hill to Sir Francis Drake Boulevard. Impact IV.2-10 Under Existing (1998) conditions, the same freeway off -ramps would exceed lane storage as under Draft General Plan 2020. The vehicle queue would exceed lane storage at two off -ramps: US 101 northbound at Second and Irwin • I-580 eastbound/US 101 northbound at Bellam The off -ramp approach analysis indicates that the approach vehicle queue would remain within the off -ramp boundaries and would not encroach into the deceleration lane on the freeway. Thus, both of these queues operate at acceptable levels. This would be a less - than -significant impact. (FE1R, p. IX -657 to IX -660.) 151 Parking Facilities Impacts IV.2-11 through 14. Under the current conditions, no parking spaces would be removed and there would be no impacts related to the provision of parking facilities. (FEIR, p. IV -660) Bicycle and Pedestrian Facilities and Transit Services Impacts IV.2-15 through 16. Under this alternative, there would be no increase in demand for bicycle and pedestrian facilities and therefore no impacted related to the provision of bicycle and pedestrian facilities or transit services. (FEIR, p. IX -661) Air Oualitv The Clean Air Plan is based on existing and projected population and employment numbers. Because this alternative would result in no new development beyond what has already been approved and only minimal population growth, and because there is not currently any conflict with the Clean Air Plan, this alternative would not result in a conflict with the Clean Air Plan with respect to population. It would also be expected to result in a rate of increase in Vehicle Miles Traveled (VMT) no greater than the rate of increase in population. (FEIR, p. IX -661.) However, while General Plan 2000 includes some policies and programs that would support the Clean Air Plan Transportation Control Measures (TCMs), this alternative would not support all of the regional TCMs that are to be implemented by cities. This alternative would therefore result in a significant unavoidable impact due to inconsistency with the TCMs. This alternative would not result in new sources of odors or toxic air contaminants, but would be lacking policies and programs protecting existing and establishing new buffer zones around sources of toxic air contaminants and odors, and would therefore have a significant impact with respect to these pollutants. This impact could be reduced to a less -than -significant level with adoption and implementation of the mitigation measures identified in this EIR. (FEIR, p. IX -661.) 4. Noise Because there would not be an increase in traffic beyond the baseline conditions, there would be no increase in traffic noise. Without any new commercial or industrial projects beyond what has already been approved, there would be no impacts related to stationary noise sources. Because there would be no additional new development, there would be no impacts related to future noise sensitive development near existing noisy environments. While the San Rafael Airport would still be in use, similar to the proposed project, there would be no increase in air traffic at the airport and there would be no increase in noise -sensitive development surrounding the airport. Because development of SMART is independent of General Plan 2020, there could be potential noise impacts related to SMART activity, which would be a significant unavoidable impact The San Rafael Quarry and McNear Brickworks would continue operation for at least 15 to 17 years, however, no new development would occur within the vicinity of these operations. Thus, similar to the proposed project, this alternative would result in no new impacts related to noise generated by the San Rafael Quarry. In addition, while the areas 152 surrounding San Rafael would continue to develop and would generate additional traffic, the noise generated by this traffic would not result in a significant impact. (FEIR, p. IX - 633.) Public Services and Utilities In this alternative, as there would be no new development beyond what has already been approved, existing development would continue to be served at the existing levels by the existing service providers. Therefore, impacts related to fire protection, wildland fires, police services, schools, library, wastewater treatment north of Puerto Suello Hill, electricity and gas, and landfill capacity would be less -than -significant. Due to existing deficiencies, impacts related to police services, parks, library services, wastewater treatment south of Puerto Suello Hill, and water supply would be significant and unavoidable. Impacts related to the release of hazardous materials and the exposure of underground hazardous wastes would be less -than -significant because no new development would disturb the existing hazardous materials sites or create new hazardous materials sites. Finally, because there are existing schools within one quarter mile of facilities that transport, store, use, and dispose of hazardous materials, this would remain a significant and unavoidable impact. (FEIR, pp. IX -633 to IX -644.) 6. Cultural Resources Because there would be no new development beyond what has already been approved there would be no potential impacts to cultural resources. However, General Plan 2020 does include policies and programs that could potentially benefit historic structures by encouraging the re -use and/or restoration of the projects. Presumably, with no additional new development these structures would not benefit from re -use or restoration. This alternative would not result in significant cultural resources impacts. (FEIR, p. IX -634.) 7. VisualOuality Because there would be no new development (besides what has already been approved) there would be no new impacts to the visual quality of the City. Scenic resources would be maintained in their current setting, there would be no new conflicts between adjoining development, and the potential for aesthetically unpleasing new development would be eliminated. There could, however, be impacts to nighttime lighting, as existing developments could upgrade or otherwise alter their outdoor lighting. This could represent a significant impact as lighting plan review is currently required only for new construction. However, this impact could be reduced to a less -than -significant level with adoption and implementation of the mitigation measures identified in this EIR. (FEIR, p. IX -634.) Bioloeical Resources As no new development beyond what has already been approved would occur, impacts to special status plant and animal species, and sensitive natural communities, including 153 wetlands, would not occur with this alternative. Existing wetlands, woodlands, and riparian habitats in particular would benefit under this alternative. There would still be potential significant unavoidable impacts due to the introduction of exotic species as existing landscapes mature and/or are replaced, because the policies and programs associated with General Plan 2020 would not be implemented. (FEIR, pp. IX -634.) 9. Geology. Soils. and Seismicity Because there would be no new development beyond what has already been approved, this alternative would represent no new impacts due to additional development on unstable soils. Groundshaking, landsliding, subsidence, expansive soils, and earthquake related ground failure hazards would all represent a less -than -significant impact because there would be no new development on unstable soils. In addition, because this alternative would not increase population or employment within the City, there would not be an increased number of people potentially affected by such hazards. Because there would be no additional new development, the potential loss of soil resources and damage due to erosion would be a less -than -significant impact. Again, because there would be no additional new development, no new septic systems would be expected and therefore there would be no potential impact related to the septic suitability of soils. (FEIR, p. IX - 634.) 10. Hvdrologv, Water Ouality. and Flood Hazards Because there would be no new development beyond what has already been approved there would be no increased potential for impacts to water quality, groundwater, or the stormwater drainage system. Erosion and creek siltation, which is typically due to increased development, would not occur, however creek improvements that may also be associated with developments would not occur either. This alternative would not result in any additional development, and therefore no additional people, within areas that could be inundated by tidal flooding, storm event flooding, seiche, tsunami, or mudflow, therefore representing a less -than -significant impact for those hazards. In addition, because there would be no additional development, there would be no impacts associated with flooding or stormwater drainage system capacity. (FEIR, p. IX -635.) 11. Agriculture Because there would be no additional development with this alternative there would be no impacts to agricultural lands. (FEIR, p. IX -635.) 12. Imt)act Overview Growth Inducing Impacts Similar to the proposed project Alternative 1 (No Project/No Development) would have a less -than -significant growth inducing impact. This alternative would result in no new development beyond what has already been approved. Alternative 1 would not remove infrastructure limitations that otherwise would limit growth, nor would this alternative 154 remove regulatory constraints that could result in future unforeseen growth. (FEIR, p. IX -635.) Cumulative Impacts Since Alternative 1 (No Project/No Development) would have less development than the proposed project cumulative impacts for Alternative 1 would be similar but reduced from cumulative impacts identified for the proposed project. (FEIR, p. IX -635.) 13. Feasibilitv of Alternative The concept of "feasibility" encompasses the question of whether a particular alternative or mitigation measure promotes existing city growth policies, as well as the underlying goals and objectives of a project. (City of Del Mar v. City of San Diego (1982) 133 Ca1.App.3d 410, 417; Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.App.4th 704, 715.) "` [F]easibility' under CEQA also encompasses `desirability' to the extent that desirability is based on a reasonable balancing of the relevant economic, environmental, social, and technological factors." (Ibid) The traffic modeling results for General Plan 2020 showed that various traffic improvements are needed to address current congestion points, for example at Lincoln Avenue and Linden Lane. The traffic modeling also demonstrated that with anticipated regional growth, traffic congestion would be the same as or worse than today, as major road improvements would not be provided. Additionally, this alternative would not result in new housing beyond that already approved but not yet built and would thereby preclude the City from meeting its "fair share" housing obligations as required by State law. In particular, no new affordable housing would be developed. This would result in increased demand for available housing and in higher housing costs. As a result, the social and economic diversity of the community would diminish over time. This alternative would also decrease the number of new jobs, as no new commercial development would be built. There would not be a corresponding increase in general funds to pay for City services and infrastructure improvements or maintenance. Furthermore, the ability of the City to legally halt all growth is questionable. Some types of housing and commercial growth do not require any discretionary permits. Also, as mentioned above, the City could not adopt a legally adequate Housing Element if no new housing is planned. In order to approve any interim development moratorium, the City would be required to make specific findings, which the City might not be able to make given the need for housing. (See, Gov. Code, § 65858.) For each of these reasons, this alternative is rejected as infeasible. 155 B. ALTERNATIVE 2: NO PROJECT/NO ACTION/GENERAL PLAN 2000 Description The No Project/No Action/General Plan 2000 Alternative assumes that no General Plan is adopted for the City, and future development would continue to be guided by the existing General Plan, General Plan 2000, and zoning. This alternative reflects growth under existing General Plan 2000 policies, assuming feasible infrastructure improvements and community services. One significant policy from General Plan 2000 that would not be included in this alternative is the extension of McInnis Parkway from its current terminus at Marin Lagoon to Highway 37, described as the `east side arterial' in Policy C -8e. The McInnis extension is currently not funded, Vision North San Rafael recommends against the extension, and the Novato General Plan does not include the roadway in its circulation network. (DEIR, p. VI -8.) This alternative would result in a higher level of growth than General Plan 2020. Buildout under the existing General Plan would include the potential for about 5,055 new residential units and 3,461,000 square feet of new nonresidential development within the City limits. This maximum buildout includes 1,561 more residential units than projected under General Plan 2020, and an increase of 3,060,000 square feet of nonresidential development beyond the projections of General Plan 2020. With this buildout, there would also be an increase in population and employment within the Planning Area: development consistent with the existing General Plan would result in 15,539 additional residents over the population in 1998 (11,348 since Census 2000) and 4,496 additional jobs. This is in comparison to the 12,708 additional residents (8,517 since Census 2000) and 1,812 additional jobs that would be expected with General Plan 2020 within the Planning Area. (DEIR, p. VI -8.) In this alternative, the existing regulations would continue existing patterns of land use, including single -use General Commercial, Office, and Marine districts. In addition, very limited development would occur Downtown as this area is essentially considered built - out under the EIR for General Plan 2000. At the Canalways, San Rafael Airport, and St. Vincent's/Silveira properties more development would occur in this alternative than with the proposed project. (DEIR, p. VI -8.) Environmental Impacts 1. Land Use. Population. Emplovment, and Housing Development under this alternative would be higher than that under General Plan 2020, and higher than development under the other alternatives. This increased development would also result in a slightly larger population in the Planning Area as well as considerably more jobs. The existing General Plan's traffic allocation program (the Priority Projects Procedure) only applies to projects at two highway 101 interchange areas (Bellam and Freitas) while General Plan 2020 contains a policy and program to expand the program to a `project selection process' to allow for a broader evaluation of �r development benefits, and to require that all appropriate projects citywide participate in the program (rather than just those in the two interchange areas listed above). (DEIR, p. VI -9.) Another major difference with this alternative is the inclusion of the St. Vincent's and Silveira properties. The inclusion of these properties in the Planning Area for this alternative significantly increases potential development opportunities. The existing General Plan would also allow considerably more development in areas outside of Downtown, such as in the San Rafael Airport and on the Canalways properties. In contrast, the Draft General Plan 2020 focuses future growth in the city's commercial areas, and does not include development at St. Vincent's or Silveira properties as they are outside of San Rafael's Planning Area and under the planning jurisdiction of the County, nor residential or commercial development at San Rafael Airport. Only a limited amount of light industrial/office use is planned for Canalways. (DEIR, pp. VI -9 to VI -10.) Because of the increased level of development, there are increased opportunities for land use conflicts, particularly in the areas outside of Downtown. This would result in significant land use impacts. With the increased development there would also be an increase in population, employment, and housing. These increases would not result in significant growth, but similar to the project, they would result in significant secondary impacts related to public services and utilities. (DEIR, p. VI -10.) 2. Transportation and Circulation Intersections Impact IV.2-1 Development under Alternative 2 (General Plan 2000) conditions would result in unacceptable LOS at 34 combinations of intersections and peak hours, not including those intersections addressed in Impacts N.2-2 through 5, below. With General Plan 2000 improvements the following 9 of those intersections would be changed to an acceptable LOS: • 2"a and A (LOS F in the AM peak hour — changed to LOS B) • 2°a and A (LOS F in the AM peak hour — changed to LOS D) • 3rd and A (LOS E in the PM peak hour — improved to less delay in LOS E) • 5th and A (LOS E in the AM peak hour — changed to LOS C) • 5th and H (LOS E in the AM peak hour — changed to LOS B) • Mission and Grand (LOS E in the AM peak hour — changed to LOS D) • Mission and Grand (LOS E in the PM peak hour — changed to LOS D) • Smith Ranch and 101 northbound ramps (LOS E in the AM peak hour - changed to LOS C) The remaining 25 intersections, not including those addressed in Impacts IV.2-2 through 5, would operate at an unacceptable LOS, even with General Plan 2000 improvements: 157 Unsignalized Intersections • 101 SB On & Francisco West (LOS F during the AM peak hour) • 101 SB On & Francisco West (LOS F during the PM peak hour) • Castro and Francisco East (LOS F during AM peak hour) • Castro and Francisco East (LOS F during PM peak hour) • Redwood and Paul (LOS F during the AM peak hour) • Redwood Highway and US 101 NB on-ramp (LOS F during PM peak hour) • Woodland and DuBois (LOS F during the AM peak hour) • Woodland and Irwin (LOS E during the AM peak hour) • Woodland and Irwin (LOS F during the PM peak hour) Signalized Intersections • 2 n and Grand (LOS E during the AM peak hour) • 2 n and Grand (LOS F during the PM peak hour) • 3 and Hetherton (LOS E during the AM peak hour) • 3 r and Hetherton (LOS E during the PM peak hour) • 4`h and Ross Valley (LOS E during the AM peak hour) • Andersen and Lindaro (LOS E during the PM peak hour) • Freitas and Redwood (LOS E during the AM peak hour) • Irwin and Andersen (LOS E during the PM peak hour) • Merrydale Over -Crossing and Civic Center (LOS F during the AM peak hour) • Merrydale Over -Crossing and Civic Center (LOS F during the PM peak hour) • Merrydale Over -Crossing and Las Gallinas (LOS E during the AM peak hour) • Merrydale Over -Crossing and Las Gallinas (LOS F during the AM peak hour) • Mission and Lincoln (LOS E during the AM peak hour) • Mission and Lincoln (LOS E during the PM peak hour) • Smith Ranch and Redwood Highway (LOS F during the AM peak hour) • Smith Ranch and Redwood Highway (LOS E during the PM peak hour) Development consistent with General Plan 2000 would result in unacceptable LOS at a number of intersections throughout the City, as listed above. Even with improvements proposed in General Plan 2000, this would be a significant unavoidable impact. Impact IV.2-2 The Second Street and A Street intersection would operate at an LOS that is acceptable for Downtown intersections (LOS B AM peak / LOS D PM peak). This would be a less -than -significant impact. Impact IV.2-3 The Third Street and Union Street intersection would operate at an LOS that is unacceptable for City intersections (LOS D AM peak / LOS E PM peak). This would be a significant unavoidable impact. 158 Impact IV.2-4 The Lincoln Avenue and US 101 intersection would operate at an LOS (LOS F AM & PM peak) that is unacceptable for City intersections. This would be a significant unavoidable impact. Impact IV.2-5 The Mission Avenue and Irwin Street intersection would operate at an LOS (LOS E AM / LOS F PM) that is acceptable for that intersection. The increase in delay for the PM peak hour would not be greater than five seconds (from 98.9 seconds under Baseline conditions to 102.3 seconds under General Plan 2000 conditions). This would be a less -than -significant impact. City and CMA Roadway Segments Impact IV.2-6 Under Alternative 2 (General Plan 2000) conditions the following City roadway segments would exceed significance criteria thresholds: 1 • A Street — northbound from 2nd to 5th (LOS E in the AM peak hour) • A Street — northbound from 2nd to 5th (LOS F in the PM peak hour) • Bellam Boulevard — eastbound from Andersen to Kerner (LOS E in the AM peak hour) • Civic Center Drive — southbound from Merrydale Over Crossing to North San Pedro (LOS E in the AM eak hour) • D Street — southbound from 4t to Bayview (LOS E in the AM peak hour) • Freitas Parkway — eastbound from Las Gallinas to 101 NB on/Civic Center (LOS F in the AM peak hour) • Freitas Parkway — eastbound from Las Gallinas to 101 NB on/Civic Center (LOS F in the PM peak hour) • Grand Avenue — northbound from 2nd to Mission (LOS F in the PM peak hour) Unacceptable LOS at these City roadway segments would represent a significant and unavoidable impact. Impact IV.2-7 Under Alternative 2 (General Plan 2000) conditions, several City roadway segments that operate at LOS E or F under Baseline conditions would continue to operate at LOS E or F. In some cases, the peak hour operations would slightly improve (i.e., vehicle speed would increase). In the following cases, segments that operate at LOS E or F under Baseline conditions would improve to LOS D or better under Alternative 2 conditions: l As described in the Significance Criteria section of Sectio: IV.2 Transportation and Circulation, a segment would exceed significance thresholds if it is operating at an acceptable LOS under Baseline conditions and would operate at an unacceptable LOS (LOS E or F) under project conditions. However, for segments that are operating at unacceptable LOS under Baseline conditions, it would exceed significance thresholds if the calculated average travel speed would decrease by five miles per hour or more. 159 • 2nd Street — eastbound from G to Grand (AM peak hour) • 2nd Street — eastbound from G to Grand (PM peak hour) • 5`h Street — westbound from Irwin to E (AM peak hour) • Bellam — westbound from Kerner to Andersen (AM peak hour) • Del Presidio — northbound from Las Gallinas to Freitas (PM peak hour) • Del Presidio — southbound from Freitas to Las Gallinas (AM peak hour) • Lincoln — southbound from US 101 SB/Hammondale to 2nd (AM peak hour) In addition, the following segments would remain at LOS E or F, but vehicle speeds would improve or stay the same: • Bellam — eastbound from Andersen to Kerner (PM peak hour) • C Street — northbound from 1" to 5`h (PM peak hour) • Del Presidio — southbound from Freitas to Las Gallinas (PM peak hour) • E Street — northbound from 2nd to 5`h (AM peak hour) • E Street — southbound from 5`h to 2nd (AM peak hour) • E Street — southbound from 5`h to 2nd (PM peak hour) • Hetherton — southbound from Mission to 2nd (PM peak hour) • Irwin — northbound from 2nd to Mission (AM peak hour) • Irwin — northbound from 2nd to Mission (PM peak hour) • Lindaro — southbound from 3rd to Andersen (AM peak hour) • Mission — westbound from Grand to Lincoln (AM peak hour) • Mission — westbound from Grand to Lincoln (PM peak hour) In other cases, however, the peak hour operations would not improve (i.e., vehicle speed would decrease). The segments listed below operate at LOS E or F under Baseline conditions and would continue to operate at LOS E or F, and calculated traffic speeds would decrease. However, because the calculated traffic speeds would decrease less than five miles per hour, this decrease would be below the threshold of significance. These segments are: • A Street — northbound from 2nd to 5`h (PM peak hour) • A Street — southbound from 4`h to 2nd (AM peak hour) • A Street — southbound from 4`h to 2nd (PM peak hour) • B Street — southbound from 5`h to 2nd (AM peak hour) • B Street — southbound from 5`h to 2nd (PM peak hour) • Bellam — westbound from Kerner to Andersen (PM peak hour) • C Street — northbound from I" to 5`h (AM peak hour) • Del Presidio — northbound from Las Gallinas to Freitas (AM peak hour) • E Street — northbound from 2nd to 5`h (PM peak hour) • Grand — southbound from Mission to 2nd (AM peak hour) • Grand — southbound from Mission to 2nd (PM peak hour) • Hetherton — southbound from Mission to 2nd (AM peak hour) • Lincoln — northbound from 2nd to 101 SB/Hammondale (PM peak hour) • Lindaro — northbound from Andersen to 3rd (AM peak hour) • Lindaro — northbound from Andersen to 3rd (PM peak hour) • Lindaro — southbound from 3rd to Andersen (PM peak hour) 160 Although the vehicle speed would decrease slightly in these roadway segments, the decrease does not exceed the significance threshold of five miles per hour. Therefore, this would be a less -than -significant impact. Impact IV.2-8 Under Alternative 2 (General Plan 2000) conditions, all of the CMA roadway segments operate at acceptable LOS (LOS D or better). This would be a less - than -significant impact. Freeway Facilities Impact IV.2-9 Under Alternative 2 (General Plan 2000) conditions the following freeway sections would operate at an unacceptable (LOS F) level: 2 • US 101 — southbound from Pacheco Hill to Miller Creek (AM peak hour) • US 101 — northbound from Miller Creek to Pacheco Hill (PM peak hour) • US 101 — northbound from Sir Francis Drake to Cal Park Hill (PM peak hour) • US 101 & I-580 interchange — westbound I-580 to northbound US 101 (AM peak hour) • US 101 & I-580 interchange — westbound I-580 to northbound US 101 (PM peak hour) • I-580 — eastbound at Richmond Bridge (PM peak hour) • I-580 — westbound at Richmond Bridge (AM peak hour) Unacceptable LOS at these freeway sections would be a significant unavoidable impact. Impact IV.2-10 Under Alternative 2 (General Plan 2000) conditions, the same freeway off -ramps would exceed lane storage as under Draft General Plan 2020. The vehicle queue would exceed lane storage at two off -ramps: US 101 northbound at Second and Irwin • I-580 eastbound/US 101 northbound at Bellam The off -ramp approach analysis indicates that the approach vehicle queue would remain within the off -ramp boundaries and would not encroach into the deceleration lane on the freeway. Thus, both of these queues operate at acceptable levels. This would be a less - than -significant impact. Parking Facilities Impacts IV.2-11 through 14 Similar to Draft General Plan 2020, the removal of parking spaces along Las Gallinas Avenue and Grand Avenue would be a less -than - significant impact and the removal of parking spaces along Lincoln Avenue would be a significant unavoidable impact. Also similar to the proposed project, the additional parking demand generated by development consistent with General Plan 2000 would be a less -than -significant impact because new development would be required to supply adequate parking for its new use. 2 As described in the Significance Criteria section of Section IV.2 Transportation and Circulation, a freeway section would exceed significance thresholds if it is operating at an acceptable LOS under Baseline conditions and would operate at an unacceptable LOS under project conditions. However, for segments that are operating at unacceptable LOS under Baseline conditions, it would exceed significance thresholds if there is an increase in the V/C of 0.01 or more. 161 Bicycle and Pedestrian Facilities and Transit Services Impacts IV.2-15 through 16 This alternative would increase demand for bicycle and pedestrian facilities and transit services. The Bicycle and Pedestrian Master Plan 3 would continue to be implemented, although this alternative would not benefit from the policies and programs related to bicycle and pedestrian facilities and transit services in General Plan 2020. In addition, while General Plan 2000 includes a policy for elevated rail through Downtown, which would reduce pedestrian at -grade conflicts with traffic on Third Street, this policy would be in conflict with SMART's conceptual designs for at - grade service in Downtown. Furthermore, this would not reduce impacts related to bicycle and pedestrian demands in other parts of the City or increased demand for transit services. Therefore this would be a significant unavoidable impact. (FEIR, p. IX -637 to IX -641.) Air Oualitv The Clean Air Plan is based on existing and projected population and employment numbers. Because development under this alternative would be consistent with the projections currently in use, this alternative would not result in a conflict with the Clean Air Plan with respect to population growth. It would also be expected to result in a rate of increase in Vehicle Miles Traveled (VMT) no greater than the rate of increase in population. However, while General Plan 2000 includes some policies and programs that would support the Clean Air Plan Transportation Control Measures (TCMs), this alternative would not benefit from the new policies and programs proposed in General Plan 2020. This alternative would therefore result in a significant unavoidable impact due to inconsistency with the TCMs. (DEIR, p. VI -14.) This alternative would be lacking policies and programs protecting existing and establishing new buffer zones around sources of toxic air contaminants and odors, and would therefore have a significant unavoidable impact with respect to these pollutants. (DEIR, p. VI -14.) 4. Noise This alternative would result in an increase in traffic, which would increase traffic noise and impacts to noise sensitive uses near roadways. This alternative would also result in new commercial and/or industrial projects that could result in new stationary noise sources which could impact noise sensitive uses. Additionally, this alternative would result in new development that could be impacted by existing noisy environments. Because development of SMART would be independent of any policies set forth in San Rafael's planning documents, there could be potential noise impacts related to SMART activity. Similar to the proposed project, there would be no impacts related to the San Rafael Airport as there would be no increase in air traffic. The San Rafael Quarry and 3 Bicycle and Pedestrian MasterPlan, City of San Rafael, 2002. 162 McNear Brickworks would continue operation through 2020, however, new development in the vicinity of these operations would be limited. Thus, similar to the proposed project, this alternative would result in no new impacts related to noise generated by the San Rafael Quarry. (DEIR, p. VI -15.) 5. Public Services and Utilities In this alternative, significant amounts of new development would be expected and would require significant amounts of new or additional services. Similar to the proposed project, this alternative would result in significant unavoidable impacts related to police services, parks, library services, wastewater treatment south of Puerto Suello Hill, and water supply. Also similar to the proposed project, this alternative would result in less - than -significant impacts related to fire services, wildland fires, schools, wastewater treatment north of Puerto Suello Hill, landfill capacity, electricity and gas, and the exposure of underground hazardous wastes. Again, similar to the proposed project, potential releases of hazardous materials would be a significant unavoidable impact; the location of hazardous materials near schools would be significant impacts, which could be reduced to a less -than -significant level with adoption and implementation of the mitigation measures identified in the EIR. (DEIR, p. VI -15.) 6. Cultural Resources Development consistent with General Plan 2000 could result in the disturbance of archaeological or prehistoric resources. However, similar to the proposed project, the existing general plan does not alter the requirements of the City's existing Archaeological Resource Protection Ordinance. This would be a less -than -significant impact to archaeological resources. (DEIR, p. VI -15.) Development consistent with General Plan 2000 could also result in impacts on historic or cultural resources. Similar to the proposed project, however, this would be a less -than - significant impact. In addition, General Plan 2020 does include policies and programs that could potentially benefit historic structures by encouraging the re -use and/or restoration of the projects. Presumably, without the proposed general plan, these structures would not benefit from re -use or restoration and could instead be demolished or otherwise damaged. This alternative would not result in significant cultural resources impacts. (DEIR, p. VI -15.) 7. VisualOuality Although this alternative would leave in place the existing height limits, because this alternative would allow new development there would be potential unavoidable impacts to the scenic resources of the City. In addition to the increased development within the existing developed areas, this alternative would include development on the St. Vincent's and Silveira properties as well as in the San Rafael Airport area which would result in significant and unavoidable impacts to views in those areas. There would also be potential conflicts with adjacent development; although the design review policies in 163 place would minimize these potential impacts. Nighttime lighting impacts would also be significant and unavoidable as lighting plan review is not currently required for new construction. (DEIR, pp. VI -15 to VI -16.) Biolop-ical Resources As this alternative would develop more land it would also reduce more habitat areas. The introduction of development into the hillside, riparian, grassland, and oak savanna/ woodland areas would increase pressure on wildlife species by reducing habitat and movement opportunities and introducing non-native predators, such as dogs and cats. This alternative would result in impacts to sensitive natural communities, including wetlands. In addition, this alternative would include development on the St. Vincent's and Silveira properties (includes grasslands, agricultural, riparian, and oak savanna/ woodland habitats), at the Canalways site (includes wetlands habitat), and at the San Rafael Airport (bounded by wetlands habitats). Any impact to natural communities would also result in potential impacts to special -status species that rely on such habitats. This alternative would also result in significant impacts due to the release of invasive exotics used in residential and commercial landscaping. These impacts could be reduced to a less -than -significant level with adoption and implementation of the mitigation measures identified in this EIR (Mitigation Measure IV. 8-1 and Mitigation Measure IV.8-2). (FEIR, p. IX -643.) The St. Vincent's/Silveira properties consist primarily of non-native grassland habitat and agricultural fields, both of which provide open habitat utilized by numerous species for foraging, nesting, etc. There are a few patches of oak woodlands dispersed within the grassland habitat that provide roosting habitat, nesting habitat, and cover for various terrestrial species. Miller Creek, with its associated riparian habitat, traverses the property from west to east. This watercourse is an established wildlife corridor, providing habitat for a number of aquatic and riparian species. A very small portion of this site is currently developed in the form of a school (with associated facilities) and a railroad track. The Canalways property consists primarily of wetland habitat dominated by pickleweed with associated upland habitat along the boundaries. This property provides habitat for a number of terrestrial and wetland species. The San Rafael Airport consists of non-native grassland similar to that found on the St. Vincent's/Silveira property, along with development associated with the Airport and wetland/open water habitat. The Airport property is bound to the north by Gallinas Creek and to the south by a tributary of Gallinas Creek, both of which are considered to be wildlife corridors for aquatic species. (FEIR, p. IX -643.) 9. Geologv, Soils, and Seismicitv This alternative would result in new development that could be developed on unstable soils which would result in potential groundshaking, landsliding, subsidence, erosion, expansive soil, and earthquake related ground failure hazards impacts. Similar to the proposed project, these impacts would be considered significant impacts, and the landsliding impact would be considered significant and unavoidable. These impacts 164 would be greater than the impacts identified with the proposed project due to the increased amount of development and the increased population. Again, similar to the proposed project, because there is a slight possibility that septic systems could be used within the planning area, there would be a potentially significant impact related to the septic suitability of soils. (DEIR, p. VI -16.) 10. Hvdrologv. Water Ouality. and Flood Hazards This alternative would result in new development that would potentially increase impacts to water quality and groundwater. Erosion and creek siltation, which is typically due to construction activities, would occur, however creek improvements may also be associated with new development. Development on the St. Vincent's/Silveira properties could result in increased impacts on erosion and water quality along the tidal reach of Miller Creek. This alternative would also result in additional development which could place a larger number of people within areas that could be inundated by tidal flooding, storm event flooding, seiche, tsunami, or mudflow, representing a significant impact for those hazards. These would all be significant unavoidable impacts. This alternative would not, however, result in flooding or stormwater drainage system capacity impacts. (DEIR, p. VI -16.) 11. Agriculture This alternative would include development on the St. Vincent's/Silveira properties, which would represent a significant unavoidable impact to agricultural lands. (DEIR, p. VI -16.) 12. Impact Overview Growth Inducing Impacts As shown in Exhibits VI. 1-1 and VI. 1-2 Alternative 2 (No Project/No Action/General Plan 2000) would result in development higher than that under General Plan 2020 and the other alternatives. This increased development would also result in a slightly larger population in the Planning Area as well as considerably more jobs. In contrast to the proposed project, Alternative 2 includes development on the St. Vincent's/Silveira properties plus increased development in areas outside of Downtown, such as in the San Rafael Airport area and on the Canalways properties. This additional growth would result in greater significant secondary impacts related to public services and utilities than for the proposed project. (FEIR, p. IX -644.) The additional development accommodated by Alternative 2 could result in the stimulation of economic activity outside of the Planning Area. Furthermore, the additional development accommodated by Alternative 2 would require significant amounts of new or additional public services and utilities included wastewater treatment south of Puerto Suello Hill and water supply. In comparison with the proposed project, the potential for additional growth outside of the Planning Area and the availability of additional infrastructure capacity with the Alternative, Alternative 2 would result in a significant growth inducing impact. (FEIR, p. IX -644.) 165 Cumulative Impacts Although Alternative 2 (No Project/No Action/General Plan 2000) would result in development higher than that under General Plan 2020 cumulative impacts would be similar for this alternative as for the proposed project. Alternative 2's contribution to the cumulative impacts identified for the proposed project, although greater than the proposed project, would not result in cumulative impacts not already identify for the proposed project. (FEIR, p. IX -644.) 13. Feasibilitv of Alternative As discussed above, this alternative will not substantially lessen or avoid the significant impacts of General Plan 2020, and in fact will result in additional significant impacts. The City, therefore, is not required to consider whether the alternative is feasible. Nevertheless, the City, as discussed below, rejects this alternative as infeasible. The concept of "feasibility" encompasses the question of whether a particular alternative or mitigation measure promotes existing city growth policies, as well as the underlying goals and objectives of a project. (City of Del Mar v. City of San Diego (1982) 133 Ca1.App.3d 410, 417; Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.AppAth 704, 715.) "`[F]easibility' under CEQA also encompasses `desirability' to the extent that desirability is based on a reasonable balancing of the relevant economic, environmental, social, and technological factors." (Ibid) This alternative allows more growth than what is planned under General Plan 2020. For example, General Plan 2000 allows for residential development on the Canalways property, which has several wetlands and which may have endangered species. Residential use is not allowed pursuant to General Plan 2020 because of the environmental impacts of such use adjacent to natural habitat areas. Another example is that General Plan 2000 plans for the eventual development of up to 2,100 residential units and 361,000 square feet of nonresidential use on St. Vincent's School for Boys and the Silveira Ranch properties, and for their annexation into the City. As discussed above, the traffic modeling shows that development at St. Vincent's would result in significant traffic impacts. Because of the potential impacts of urban development on these unincorporated properties and the surrounding neighborhoods the City has determined that they are best planned for and developed under the County's jurisdiction. This alternative would allow much more commercial growth than residential growth. This pattern of development has the potential to worsen the jobs/housing balance, leading in turn to increased commuting, more traffic, and more emissions from automobiles. Furthermore, this alternative does not provide for transit oriented development or development consistent with the Smart Growth and Livable Cities planning approaches, which are the basis of General Plan 2020. 166 General Plan 2000 included the extension of McInnis Parkway from San Rafael along the railroad right-of-way to connect to Highway 37 in Novato, providing a bypass for Highway 101 traffic. However, because Novato no longer includes this roadway improvement in its General Plan, and Vision North San Rafael recommended against the extension, the City has not included the McInnis Parkway extension as a roadway improvement in its traffic modeling for this alternative. Nonetheless, McInnis Parkway was part of the roadway network needed to maintain General Plan 2000's LOS standards, and without it, the Smith Ranch Road intersection at Redwood Highway would operate at LOS F (a.m.) and LOS E (p.m.), given the development assumptions under that plan. In addition, this alternative does not include policies to improve bicycle and pedestrian facilities as called for in the Bicycle/Pedestrian Plan (2001), and would not meet the community's desire for a more multi -modal emphasis in circulation planning. For each of these reasons, this alternative is rejected as infeasible C. ALTERNATIVE 3: REDUCED DEVELOPMENT Description The Reduced Development Alternative assumes that housing and nonresidential development would be less than General Plan 2020 projections. The goal of this alternative is to reduce traffic impacts while still meeting the City's housing objectives. This alternative has a lower level of growth than Draft General Plan 2020. In addition, uses that generate less traffic than retail and housing, such as hotels and senior units, replace Draft General Plan 2020 assumptions for housing and commercial development. (DEIR, p. IV -17.) Buildout under Alternative 3 would include the potential for about 2,611 new residential units and 236,000 square feet of new nonresidential development within the City limits. This maximum buildout includes 883 less residential units than projected under General Plan 2020, and a decrease of 165,000 square feet of nonresidential development below the projections of General Plan 2020. With this buildout, there would also be less of an increase in population and employment within the Planning Area: development consistent with this alternative would result in 10,503 additional residents over the population in 1998 (6,312 since Census 2000) and 2,000 additional jobs. This is in comparison to the 12,708 additional residents (8,517 since Census 2000) and 1,812 additional jobs that would be expected with General Plan 2020 within the Planning Area. (DEIR, p. VI -17.) Environmental Impacts 1. Land Use. Population. Emnlovment. and Housine Development under this alternative would be the lower than that under General Plan 2020. This decreased development would also result in a slightly smaller population in the Planning Area as well as less jobs. (DEIR, p. VI -17.) 167 Land use impacts for this alternative would be slightly less than those identified for General Plan 2020, due to the decreased level of development. Similar to Draft General Plan 2020 land use impacts would be less -than -significant. Population, employment, and the jobs -to -housing ratio impacts would also be less -than -significant. (DEIR, p. VI -17.) 2. Transportation and Circulation Intersections Impact IV.2-1 Development under Alternative 3 (Reduced Development)) without improvements would result in unacceptable LOS at 21 combinations of intersections and peak hours, not including those intersections addressed in Impacts IV.2-2 through 5, below. All 21 of these intersections would be changed to an acceptable LOS with Draft General Plan 2020 improvements: • US 101 southbound and Merrydale (LOS E during the AM peak hour — changed to LOS B) • US 101 southbound and Merrydale (LOS E during the PM peak hour — changed to LOS B) • US 101 southbound on-ramp and Francisco Blvd West (LOS E during the AM peak hour — changed to LOS C) • US 101 southbound on-ramp and Francisco Blvd West (LOS E during the PM peak hour changed to LOS B) • 15t and D (LOS E during the PM peak hour — changed to LOS B) • 2nd and B (LOS E during the AM peak hour — changed to LOS A • 2°a and Grand (LOS E during the PM peak hour — changed to LOS B) • 3 and A (LOS during the PM peak hour — changed to LOS E) • 4th and E (LOS E during the PM peak hour — changed to LOS D) • 5th and A (LOS E during the AM peak hour — changed to LOS B) • 5th and H (LOS F during the AM peak hour — changed to LOS B) • 5th and H (LOS E during the PM peak hour — changed to LOS A) • Andersen and DuBois (LOS E during the AM peak hour — changed to LOS C) • Andersen and Lindaro (LOS E during the PM peak hour — changed to LOS D) • Bellam and I-580 eastbound (LOS E during the PM peak hour — changed to LOS C) • Freitas and US 101 northbound (LOS F during the AM peak hour — changed to LOS B) • Freitas and Redwood (LOS F during the AM peak hour — changed to LOS C) • Harbor and Francisco East (LOS F during the AM peak hour — changed to LOS B) • Mission and Grand (LOS F during the AM peak hour — changed to LOS B) • Mission and Grand (LOS F during the PM peak hour — changed to LOS B) .: • Smith Ranch and US 101 northbound ramps (LOSE during the AM peak hour — changed to LOS B) With improvements as proposed in Draft General Plan 2020, which would be implemented as part of this alternative, this would result in acceptable LOS at all of these intersections, which would be a less -than -significant impact. Impact IV.2-2 The Second Street and A Street intersection would operate at an LOS that is acceptable for Downtown intersections (LOS B AM peak / LOS E PM peak). This would be a less -than -significant impact. Impact IV.2-3 The Third Street and Union Street intersection would operate in the AM peak hour at an LOS that is acceptable for City intersections (LOS C). However, this intersection would operate at an LOS that is unacceptable for City intersections (LOS E). The unacceptable traffic operations is expected to result only under build out conditions and with the addition of the proposed improvements designed to improve pedestrian safety. This would be a significant unavoidable impact. Impact IV.2-4 The Lincoln Avenue and US 101 intersection would operate at an LOS that is unacceptable for City intersections (LOS E AM peak / LOS F PM peak). This would be a significant unavoidable impact. Impact IV.2-5 The Mission Avenue and Irwin Street intersection would operate at an LOS that is acceptable for this intersection (LOS E AM peak / LOS F PM peak). However, the increase in delay for the PM peak hour would be greater than five seconds (from 98.9 seconds under Baseline conditions to 113.3 seconds under the Reduced Development Alternative conditions). This would be a significant unavoidable impact. City and CMA Roadway Segments Impact IV.2-6 Under Alternative 3 (Reduced Development) conditions the following City roadway segments would exceed significance criteria thresholds: 4 • A Street — northbound from 2°a to 5th (LOS E in the AM peak hour) • D Street — southbound from 4th to Bayview (LOS E in the AM peak hour) • Freitas Parkway— eastbound from Las Gallinas to 101 NB on-ramp/Civic Center (LOS E in the PM peak hour) Unacceptable LOS at these City roadway segments would represent a significant and unavoidable impact. Impact IV.2-7 Under Alternative 3 (Reduced Development) conditions, several City roadway segments that operate at LOS E or F under Baseline conditions would continue 4 As described in the Significance Criteria section of Section IY.2 Transportation and Circulation, a segment would exceed significance thresholds if it is operating at an acceptable LOS under Baseline conditions and would operate at an unacceptable LOS E or LOS F under project conditions. However, for segments that are operating at unacceptable LOS under Baseline conditions, it would exceed significance thresholds if the calculated average travel speed would decrease by five miles per hour or more. 169 to operate at LOS E or F. In some cases, the peak hour operations would slightly improve (i.e., vehicle speed would increase). In the following cases, segments that operate at LOS E or F under Baseline conditions would improve to LOS D or better under Alternative 3 (Reduced Development) conditions: • 2nd Street — eastbound from G to Grand (AM peak hour) • 2"d Street — eastbound from G to Grand (PM peak hour) • 5th Street — westbound from Irwin to E (AM peak hour) • Bellam — eastbound from Andersen to Kerner (PM peak hour) • Bellam — westbound from Kerner to Andersen (AM peak hour) • Del Presidio — northbound from Las Gallinas to Freitas (PM peak hour) • Del Presidio — southbound from Freitas to Las Gallinas (AM peak hour) • Lincoln — northbound from 2"d to US 101 SB/Hammondale (PM peak hour) • Lincoln — southbound from US 101 SB/Hammondale to 2"d (AM peak hour) In addition, the following segments would remain at LOS E or F, but vehicle speeds would improve or stay the same: • Bellam — westbound from Kerner to Andersen (PM peak hour) • C Street — northbound from I" to 5th (PM peak hour) • Del Presidio — southbound from Freitas to Las Gallinas (PM peak hour) • E Street — northbound from 2nd to 5th (AM peak hour) • E Street — southbound from 5th to 2"d (AM peak hour) • E Street — southbound from 5th to 2nd (PM peak hour) • Grand — southbound from Mission to 2nd (AM peak hour) • Grand — southbound from Mission to 2nd (PM peak hour) • Hetherton — southbound from Mission to 2"d (PM peak hour) • Irwin — northbound from 2"d to Mission (AM peak hour) • Irwin — northbound from 2nd to Mission (PM peak hour) • Lindaro — northbound from Andersen to 3rd (PM peak hour) • Lindaro — southbound from 3rd to Andersen (AM peak hour) • Lindaro — southbound from 3r6 to Andersen (PM peak hour) • Mission — westbound from Grand to Lincoln (AM peak hour) • Mission — westbound from Grand to Lincoln (PM peak hour) In other cases, however, the peak hour operations would not improve (i.e., vehicle speed would decrease). The segments listed below operate at LOS E or F under Baseline conditions and would continue to operate at LOS E or F, and calculated traffic speeds would decrease. However, because the calculated traffic speeds would decrease less than five miles per hour, this decrease would be below the threshold of significance. These segments are: 170 • A Street — northbound from 2nd to 5th (PM peak hour) • A Street — southbound from 4th to 2nd (AM peak hour) • A Street — southbound from 4th to 2nd (PM peak hour) • B Street — southbound from 5th to 2nd (AM peak hour) • B Street — southbound from 5th to 2nd (PM peak hour) • C Street — northbound from 1St to 5th (AM peak hour) • Del Presidio — northbound from Las Gallinas to Freitas (AM peak hour) • E Street — northbound from 2nd to 5th (PM peak hour) • Hetherton — southbound from Mission to 2nd (AM peak hour) • Lindaro — northbound from Andersen to 3rd (AM peak hour) Although the vehicle speed would decrease slightly in these roadway segments, the decrease does not exceed the significance threshold of five miles per hour. Therefore, this would be a less -than -significant impact. Impact IV.2-8 Under Alternative 3 (Reduced Development) conditions, all of the CMA roadway segments operate at acceptable LOS (LOS D or better). This would be a less - than -significant impact. Freeway Facilities Impact IV.2-9 Under Alternative 3 (Reduced Development) conditions the following freeway sections would operate at an unacceptable (LOS F) level: 5 • US 101 & I-580 interchange — westbound I-580 to northbound US 101 (AM peak hour) • US 101 & I-580 interchange — westbound I-580 to northbound US 101 (PM peak hour) • I-580 — eastbound at Richmond Bridge (PM peak hour) • I-580 — westbound at Richmond Bridge (AM peak hour) • US 101 — north of Miller Creek (PM peak hour) Unacceptable LOS at these freeway sections would be a significant unavoidable impact. Impact IV.2-10 Under Alternative 3 (Reduced Development) conditions, the same freeway off -ramps would exceed lane storage as under Draft General Plan 2020. The vehicle queue would exceed lane storage at two off -ramps: US 101 northbound at Second and Irwin • I-580 eastbound/US 101 northbound at Bellam The off -ramp approach analysis indicates that the approach vehicle queue would remain within the off -ramp boundaries and would not encroach into the deceleration lane on the freeway. Thus, both of these queues operate at acceptable levels. This would be a less - than -significant impact. 5 As described in the Significance Criteria section of Section IV.2 Transportation and Circulation, a freeway section would exceed significance thresholds if it is operating at an acceptable LOS under Baseline conditions and would operate at an unacceptable LOS under project conditions. However, for segments that are operating at unacceptable LOS under Baseline conditions, it would exceed significance thresholds if there is an increase in the V/C of 0.01 or more. 171 Parking Facilities Impacts IV.2-11 through 14 Similar to Draft General Plan 2020, the removal of parking spaces along Las Gallinas Avenue and Grand Avenue would be a less -than - significant impact and the removal of parking spaces along Lincoln Avenue would be a significant unavoidable impact. Also similar to the proposed project, the additional parking demand generated by development consistent with General Plan 2000 would be a less -than -significant impact because new development would be required to supply adequate parking for its new use. Bicycle and Pedestrian: Facilities and Transit Services Impacts IV.2-15 through 16 Development consistent with Alternative 3 (Reduced Development) would result in increased demand for bicycle and pedestrian facilities and transit services. However, implementation of policies and programs included in General Plan 2020 would result in improvements in bicycle and pedestrian facilities and transit services. This would be a less -than -significant impact. (FEIR, p. IX -645 to IX -649.) Air Oualitv The Clean Air Plan is based on existing and projected population and employment numbers. This alternative would not result in a conflict with the Clean Air Plan with respect to population. It would also be expected to result in a rate of increase in Vehicle Miles Traveled (VMT) no greater than the rate of increase in population. (DEIR, p. VI - 21.) Additionally, this alternative would include General Plan 2020 policies and programs that support the Clean Air Plan Transportation Control Measures (TCMs) as listed in the discussion of Impact IV.3-1 in Chapter IV 3 Air Quality. Therefore, this alternative would be consistent with the TCMs and would not result in a significant impact. (DEIR, p. VI -21.) Finally, this alternative would still include General Plan 2020 programs and policies discussed in Impact IV.3-3 Odor/Toxics Buffer Zones. Therefore development consistent with this alternative would still buffer sensitive uses from potential odors and/or toxic air contaminants. After mitigation this would be a less -than -significant impact. (DEIR, p. VI -21.) 4. Noise This alternative would result in an increase in traffic noise over existing conditions. However, similar to the proposed project, impacts related to noise sensitive uses near roadways would be less -than -significant. Because this alternative would result in less of an increase in development than with the proposed project, noise impacts would be accordingly lower than those identified with the proposed project. Therefore, impacts related to stationary noise, airport noise, and noise sensitive uses would all be less -than - 172 significant. Impacts related to SMART would be significant and unavoidable. (DEIR, p. VI -22.) 5. Public Services and Utilities This alternative would result in similar impacts to those expected with General Plan 2020. It would result in significant unavoidable impacts related to police services, parks, library services, wastewater treatment south of Puerto Suello Hill, and water supply. It would result in less -than -significant impacts related to fire services, wildland fires, schools, wastewater treatment north of Puerto Suello Hill, landfill capacity, electricity and gas, and the exposure of underground hazardous wastes. And finally, potential releases of hazardous materials, and the location of hazardous materials near schools would be significant impacts. Because this alternative would result in slightly less development and lower population, impacts would be accordingly somewhat less severe due to the lower potential for exposure to hazardous materials and the lower demand for services such as police protection and wastewater treatment. However, this difference is minor. (DEIR, p. VI -22.) Cultural Resources Development consistent with this alternative could result in the disturbance of archaeological or prehistoric resources. However, similar to the proposed project, this alternative would not alter the requirements of the City's existing Archaeological Resource Protection Ordinance. This would be a less -than -significant impact to archaeological resources. Development consistent with this alternative could also result in impacts on historic or cultural resources. Similar to the proposed project, this would be a less -than -significant impact due to the policies and programs provided in General Plan 2020. In addition, this alternative would include the beneficial impacts of General Plan 2020 programs and policies that would encourage re -use and/or restoration of historic resources. While impacts to cultural resources would be considered less -than - significant, because this alternative would result in slightly less development, this alternative would accordingly result in slightly fewer possibilities for impacts to archaeological, prehistoric, historic, or cultural resources than the proposed project. (DEIR, p. VI -22.) 7. VisualOuality Similar to General Plan 2020, this alternative would result in less -than -significant impacts on the scenic resources and visual quality of the City. Similarly, this alternative would result in less -than -significant impacts related to conflicts with adjacent development. Nighttime lighting impacts would also be significant, similar to the proposed project. While these impacts would be considered less -than -significant, because this alternative would result in less development, the potential for impacts would be slightly less than those identified with the proposed project. (DEIR, p. VI -22.) Biological Resources 173 Impacts due to development consistent with this alternative would be similar to those identified for the proposed project, although potentially at a reduced scale due to the somewhat reduced amount of development. Similar to General Plan 2020, this alternative would potentially impact special status species and sensitive natural communities. This alternative would not likely result in invasive exotic species impacts due to residential and commercial landscaping, and this alternative would have a less - than -significant impact on the movement of native wildlife due to the protected areas proposed with this alternative. (DEIR, p. VI -23.) 9. Geologv. Soils. and Seismicitv This alternative would result in new development that could be developed on unstable soils which would result in potential groundshaking, landsliding, subsidence, erosion, expansive soil, and earthquake related ground failure hazards impacts. Similar to the proposed project, these impacts would be considered significant, and the landsliding impact would be considered significant and unavoidable. These impacts would be slightly less than the impacts identified with the proposed project due to the somewhat decreased amount of development and the decreased population. Again, similar to the proposed project, because there is a slight possibility that septic systems could be used within the planning area, there would be a potentially significant impact related to the septic suitability of soils. (DEIR, p. VI -23.) 10. Hvdrologv. Water Oualitv. and Flood Hazards Similar to the proposed project, the new development associated with this alternative would not result in impacts to water quality, groundwater, and the stormwater drainage systems. There would not be significant impacts related to erosion and creek siltation, which is typically due to construction activities, would occur. In addition, creek improvements may also be associated with new development. This alternative would result in additional development which could place people within areas that could be inundated by tidal flooding, storm event flooding, seiche, tsunami, or mudflow, however this would not represent a significant impact for those hazards. This alternative would not result in flooding or stormwater drainage system capacity impacts. (DEIR, p. VI - 23.) 11. Agriculture Similar to the proposed project, this alternative would not result in significant impacts to agriculture lands. (DEIR, p. VI -23.) 12. Impact Overview Growth Inducing Impacts Similar to the proposed project Alternative 3 (Reduced Development) would have a less - than -significant growth inducing impact. This alternative assumes that housing and nonresidential development would be less than General Plan 2020 projections. 174 Alternative 2 would not remove infrastructure limitations that otherwise would limit growth, nor would this alternative remove regulatory constraints that could result in future unforeseen growth. (FEIR, p. IX -651.) Cumulative Impacts Since Alternative 3 (Reduced Development) would have less development than the proposed project cumulative impacts for Alternative 3 would be similar but reduced from cumulative impacts identified for the proposed project. (FEIR, p. IX -652.) 13. Feasibilitv of Alternative The concept of "feasibility" encompasses the question of whether a particular alternative or mitigation measure promotes existing city growth policies, as well as the underlying goals and objectives of a project. (City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 410, 417; Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.App.4th 704, 715.) "` [F]easibility' under CEQA also encompasses `desirability' to the extent that desirability is based on a reasonable balancing of the relevant economic, environmental, social, and technological factors." (Ibid) This alternative was developed primarily to examine the possibility of reducing significant traffic impacts. This alternative includes a minimal amount of new housing, enough to just meet San Rafael's "fair share" obligations for the 1998-2007 planning timeframe. The City's housing goals and objectives, however, call for more housing, and housing at all income levels. The limited residential construction allowed under this alternative would restrict the number of new housing units available to low- and moderate -income households. Construction of fewer housing units would limit the supply of housing and thus result in higher housing costs. Additionally, without more housing and particularly affordable housing, the social diversity in the community would be expected to diminish over time which would be contrary to one of the stated goals of the General Plan to "have a community people diverse in ages, ethnicity, culture and income levels." Furthermore, while traffic impacts under this alternative would be somewhat lower, it would still result in several significant unavoidable traffic impacts For each of these reasons, this alternative is considered infeasible. XII. STATEMENT OF OVERRIDING CONSIDERATIONS As set forth in the preceding sections, the City's approval of the Project will result in significant adverse environmental impacts that cannot be avoided even with the adoption of all feasible mitigation measures. Despite the occurrence of these effects, however, the City chooses to approve the Project because, in its view, the economic, social, and other benefits that the Project will produce will render the significant effects acceptable. The following statement identifies why, in the City's judgment, the benefits of the Project as approved outweigh its unavoidable significant effects. Any one of these reasons is 175 sufficient to justify approval of the Project. Thus, even if a court were to conclude that not every reason is supported by substantial evidence, the City would stand by its determination that each individual reason is sufficient. The substantial evidence supporting the various benefits can be found in the preceding findings, which are incorporated by reference into this section, and into the documents found in the Record of Proceedings, as defined in section V. As discussed above, the EIR identified the following significant and unavoidable impacts to the Project: • Transportation/circulation impacts (Impacts IV.2-3, IV.2-4, N.2-5, N.2-6, IV.2- 9, IV.2-13); • Impacts related to rail noise (Impact IV.4-2); • Release of hazardous materials (Impact N.5-3); • Public service impacts (Impacts IV.5-6 (police), IV.5-8 (parks), IV.5-9 (libraries)); • Impacts related to water and wastewater services (Impacts IV.5-11, N.5-12); and • Impacts related to the potential for landslides (Impact IV.9-3). The City finds that each identified impact is acceptable because mitigation measures have been required to reduce these impacts to the extent feasible, and on balancing the benefits to be realized by approval of the Project against the remaining environmental risks, the following economic, social, and other considerations outweigh the impacts and support approval of the Project. Implementation of General Play: 2020 Will Improve the City's Jobs/Housing Balance San Rafael has historically been the employment center for Marin County. More recently, it has become an employment center for Sonoma County residents as well. Between 1970 and 1980, there was a dramatic intensification of jobs over housing in the Planning Area. The Planning Area's ratio of jobs to housing is currently estimated at about 1.74 jobs for each housing unit. (DEIR, p. IV.1-5.) General Plan 2020 proposes 607,000 fewer square feet of commercial growth and 243,000 fewer square feet of industrial development than projected under the previous General Plan 2000. (General Plan 2020, p. 17.) At the same time, General Plan 2020 proposes to increase the availability of housing opportunities at all income levels. The Land Use and Housing Elements include a number of programs to address the need for more affordable housing, including: allowing housing in commercial districts; requiring a higher percentage of affordable units in new development; applying a jobs/housing fee to new commercial development; and leveraging Redevelopment funds to assist with production of affordable housing. Development consistent with General Plan 2020 would be expected to increase employment in the Planning Area to 47,394 and housing to 31,234 units, in the year 2020 176 which would result in a jobs -to -housing ratio of 1.52. This represents an improvement in the jobs/housing balance, offering opportunities for more local workers to reside in the community. This improvement in the jobs/housing balance has the potential to reduce future traffic generation and reduce the potential for a decrease in air quality. (DEIR, p. IV. 1-14.) General Play: 2020 Provides for Transit Oriented Development Transit -oriented development allocates land use more efficiently by locating higher density housing and commercial uses near public transit, thereby increasing transit and pedestrian trips, reducing commute and short -distance auto trips, which in turn reduces regional emissions. General Plan 2020 includes land use districts, such as Hetherton Office, Fourth Street Retail Core, Second/Third Mixed Use and Retail/Office that allow high density residential uses near the San Rafael Transportation Center in Downtown. The proposed zoning encourages housing and mixed-use development in Downtown and along the City's transit corridors. Implementation of General Plan 2020 will Satisfy the City's Housing Obligations The City has an obligation to plan for its "fair share" of the Regional Housing Needs Determination provided for by State law. Appendix B to General Plan 2020 includes the Housing Background, which is part of the City's Housing Element. It includes an evaluation of current programs and outlines major policy changes to expand the opportunities for new housing. Appendix B also identifies housing sites and development opportunities where new housing development may occur during the Housing Element's planning period (1999-2007) which are more than adequate to satisfy the City's housing obligations. Major policy changes include: Land Use Element policies allowing residential development in several land use districts where housing is currently not permitted, Land Use Element policies retaining the densities in already developed residential neighborhoods, Housing Element policies encouraging redevelopment and infill; Neighborhood and Economic Vitality Elements providing design guidance for new development, Housing Element and zoning requirements increasing the inclusionary housing requirement, and a Housing Element program implementing a new commercial in lieu fee for commercial development. Implementation of General Plan 2020 will Maintain Social and Economic Diversity Providing affordable housing was a top priority in preparing General Plan 2020. The prices of single-family homes have escalated beyond the means of many young families. As current occupants move out, many of their homes are unaffordable to middle and lower income households. Over time, middle and lower income families — who are an integral part of the City's social and economic fabric — may be forced out of the local housing market. This affects not only these families, but also the local businesses where they work and the regional transportation system that must accommodate their commutes. By providing affordable housing opportunities for local workers, many of them paid lower salaries, the City can encourage social and economic diversity in the community. 177 General Play: 2020 is Consistent with Principles of Smart Growth General Plan 2020 is based on planning principles expressed in the Ahwahnee Principles that form the basis for the Smart Growth planning approach, and the True Urbanism Principles that form the basis for the Livable Cities planning approach. Early in the planning process, the General Plan 2020 Steering Committee and the Planning Commission agreed that these planning approaches held the most promise for San Rafael's future. Both planning approaches share in common the following principles, which are incorporated into General Plan 2020: a community center, appropriate design, mixed uses, and balanced transportation planning. General Plan 2020 is also consistent with strategies for "Smart Growth" as recently described by the Association of Bay Area Governments ("ABAG") in its report Smart Growth Strategy Regional Livability Footprint Project — Shaping the Future of the Nine - County Bay Area (October 2002). The vision set forth in the Smart Growth Strategy is aimed at addressing the problems of growth facing the Bay Area: lack of affordable housing, crowded roadways and shrinking open space. The Smart Growth Strategy for Marin County calls for revitalizing San Rafael's Downtown with intensified mixed-use development, including affordable housing. Growth should occur in already developed areas, and higher intensity uses should develop around transit stops. The General Plan must balance affordable housing need and economic development goals with environmental protection and the preservation of open space. General Plan 2020 includes Neighborhood Element policies promoting Downtown and encouraging the development of the North San Rafael Town Center as community centers; Community Design Element policies identifying design characteristics and fostering the improvement of the built environment; Land Use Element policies increasing the opportunities for mixed use development throughout the city, and Circulation Element policies supporting the full range of modes of transportation, including pedestrian, bicycle, auto and transit. Implementation of General Play: 2020 will Provide Economic Development for the City of San Rafael In order to manage economic development, General Plan 2020 proposes to encourage redevelopment of commercial areas making the most of infill and reuse opportunities, retain industrial zoning to the extent feasible, encourage the creation and retention of workforce housing, and promote the strengths of local business areas. General Plan 2020 contains numerous policies in the Economic Vitality Element that will allow the City to be responsive to change and accommodate new economic opportunities. Because of the structure of local financing for California cities, sales tax is a major contributor to the City's general fund. Given the number of new initiatives in General Plan 2020, the City will need continued to sustain a certain managed level of growth like that projected in the new plan in order to undertake the actions envisioned. 178 Implementation of General Plan 2020 will Protect Sensitive Environmental Resources In order to preserve open space and ecologically sensitive areas, General Plan 2020 proposes to locate new residential and commercial development predominately in already urbanized areas. General Plan 2020 preserves important physical features, such as ridgelines, hillsides and natural areas. Furthermore, General Plan 2020 contains numerous policies in the Conservation, Open Space and Air and Water Quality Elements that are protective of the natural resources within the General Plan 2020 Planning Area including wetlands, creeks and drainage ways, native and sensitive species, and threatened and endangered species. 179