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HomeMy WebLinkAboutCC Resolution 11237 (General Plan 2020 Amendments)RESOLUTION NO. 11237 A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL DIRECTING STAFF TO PREPARE AMENDMENTS TO THE CITY'S GENERAL PLAN AND PROVIDING DIRECTION TO THE GENERAL PLAN 2020 STEERING COMMITTEE RELATING TO ANNEXATION AND FUTURE DEVELOPMENT OF THE ST. VINCENT'S AND SILVEIRA PROPERTIES. WHEREAS, the City of San Rafael and the County of Marin have a long history of joint planning for the future use and development of the St. Vincent's and Silveira properties. Since 1973, Marin County planning policies have stated that the subject properties are located within the "City -Centered Corridor," which is where urban development has been planned in exchange for retaining western and central Marin in open space and agricultural uses; and WHEREAS, for many years, the City, County and Local Agency Formation Commission (LAFCO) have identified the St. Vincent's and Silveira properties, except for a small area of St. Vincent's east of the railroad tracks, as within San Rafael's Sphere of Influence — the probable ultimate physical boundaries and service area of San Rafael; and WHEREAS, based on the 1973 Countywide Plan, the San Rafael General Plan 2000, adopted in 1988, set forth detailed policies for the St. Vincent's and Silveira properties, describing environmental concerns and identifying development potential for the area west of the railroad tracks; and WHEREAS, in 1998, the City Council and Board of Supervisors determined that, in consideration of the desires of the City and County to update their respective general plans, it would be beneficial to pursue a cooperative planning effort to prepare recommended amendments for the St. Vincent's and Silveira lands in their respective plans. Both jurisdictions adopted a Memorandum of Understanding setting forth a cooperative process for the preparation of recommendations for general plan amendments that would protect the properties' unique environmental attributes, provide workforce housing opportunities and be fair to the two property owners. The Memorandum of Understanding also clarified the City's role in processing any future development applications; and WHEREAS, the City Council and County Board of Supervisors appointed a 16 member Advisory Task Force with representation from countywide interest groups to prepare recommended general plan amendments for the City and the County. During the 20 months of its work, the Task Force held 21 regular meetings and 11 study sessions, and individual members shared the progress of the Task Force in over 72 meetings with various community groups; and WHEREAS, on May 3, 2000, the City Council and Board of Supervisors held a joint hearing on the proposed Task Force recommendations, accepted the proposals, and directed their respective planning staffs to utilize the recommendations in their on-going updates of their respective general plans; and WHEREAS, recent public comments and position statements made by members of the Board of Supervisors and other groups and individuals have indicated approaches and expressions of opinion concerning the future use of these properties which are inconsistent with the 1998 Memorandum of Understanding and the recommendations of the St. Vincent's/Silveira Advisory Task Force. These statements have advocated no development or very limited development and consideration of means by which the County might assume greater responsibility in the processing of development applications for these lands; and WHEREAS, the City's decisions on any development applications filed for project entitlement for the St. Vincent's and/or Silveira properties will precede the process of considering annexation of one or both properties to the City of San Rafael by the Marin LAFCO. The County has substantial involvement in the annexation process and considerable influence in connection with any ultimate decision respecting annexation of these lands to the City as well as being a principal participant in the necessary negotiation of a tax sharing agreement with the City and through its participation on LAFCO possesses the ability to make annexation infeasible following a lengthy land use entitlement process in the City that may likely require the City's defense of lawsuits and public referenda; and WHEREAS, the City has been updating its General Plan, including the Housing Element, since May, 2000 and wishes to complete its General Plan 2020 in the year 2003. The Housing Element was required to be adopted by December 31, 2001, and is currently out of technical compliance with State law. To complete work on the General Plan 2020, direction to the Steering Committee regarding future land use policies for the St. Vincent's and Silveira properties would be extremely beneficial and timely. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael directs staff to prepare proposed amendments to the City's General Plan relating to the St. Vincent's and Silveira properties, indicating the City's determination not to annex or to serve these lands and directing that LAFCO remove them from the City's Sphere of Influence and Urban Service area as appropriate and to bring such proposed amendments to the Planning Commission and City Council for public hearing and consideration for adoption. In doing so staff is directed to include policies continuing the City's long advocacy that any future development of these lands in the County should provide for maximum creation of workforce housing while protecting unique environmental features and habitat values and providing a fair economic use of these lands for their owners. The City Council further directs the General Plan 2020 Steering Committee also consider such policies in their preparation of a draft General Plan 2020 consistent with such Council direction. 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 special meeting of the Council of said City on Monday, the thirteenth day of January, 2003, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None _A JEA E M. LEONCINI, City Clerk MEMORANDUM OF UNDERSTANDING Introduction This Memorandum of Understanding concerns certain lands depicted in Exhibit A and known generally as the St. Vincent's/Silveira properties. These lands are located within the unincorporated area of the County of Marin and within the City of San Rafael Sphere of Influence and Urban Service Area. Policies in the San Rafael General Plan and Marin Countywide Plan anticipate that these lands will -be annexed to the City of San Rafael prior to or concurrent with the issuance of development permits for the property. Both the City of San Rafael and Marin County intend to amend their respective General and Countywide Plans to establish appropriate general plan policies and programs for the St. Vincent's/Silveira properties. It is the goal of both jurisdictions, where possible, to work cooperatively in the amendment of these General Plans. Accordingly, the San Rafael City Council and the Marin County Board of Supervisors agree to enter into this non-binding Memorandum of Understanding. Notwithstanding this Memorandum of Understanding, it is not the intent of either the City Council or the Board of Supervisors to expand, restrict, or otherwise alter the authority granted to each body under the laws of the State of California. In the adoption of the general plan amendments, the City and County shall exercise their independent judgment, under CEQA and applicable planning laws, regarding the decision to adopt each recommendation. Recitals A. The City and the County have a long established history of working together in planning for the future use of the St. Vincent's and Silveira properties. The 1982 Countywide Plan designated the two properties as a special study area having major jobs and housing potential. From 1982 - 86, the County and the City jointly prepared a North San Rafael Policy Plan. The Plan, although not adopted, identified issues related to the development of the St. Vincent's and Silveira properties to be further studied in the San Rafael General Plan update work of 1986 - 88. B. San Rafael's General Plan, adopted in 1988 and amended in 1990, set forth policies for the St. Vincent's and Silveira properties as described in the St. Vincent's/Silveira section of General Plan 2000 (see map, Exhibit B). Policy SVS -1 specified that the City Council should appoint an Advisory Committee to assist in development of a Specific Plan for the area. Additional policies described environmental concerns, identified the potential for development west of the railroad for up to 2,100 units and 361,000 square feet of nonresidential use, designated the areas east of the railroad for agricultural and recreational uses, and stated that prior to development the site(s) shall be annexed to San Rafael. C. The 25 -member St. Vincent's/Silveira Advisory Committee began its work in 1991. At the same time, the County was revising the Countywide Plan. To avoid duplicating the work of the Committee, the County established an interim land use designation (see map, Exhibit C) for the properties, recognizing that the County would hold hearings to consider a permanent designation after the City of San Rafael had amended its General Plan. D. In 1994, the St. Vincent's/Silveira Advisory Committee presented its final report "Draft General Plan Amendment Proposal" to the San Rafael City Council. The following year, Council adopted Resolution No. 9395 (Exhibit D) which affirmed City, County and LAFCo policies for the properties, recognized the detailed and innovative community-based process which had gone into the preparation of the report, highlighted noteworthy committee EXHIBIT 1 recommendations, and presented additional ideas for consideration in a future General Plan amendment for St. Vincent's/Silveira. In addition, the Council requested that the Board of Supervisors extend its interim land use designation for the site until the City reconsiders land uses as part of a City-wide General Plan amendment. E. The City and the County desire to continue in cooperative planning efforts for the area. As the City will soon embark on an update of its General Plan, and the County is desirous of amending its interim land use designation for the properties, the City and County have determined that it would be mutually beneficial to establish procedures for participating together in the preparation of General Plan amendments for St. Vincent's and Silveira and related environmental documents consistent with the approach listed below. In addition, it is the intent of the City and County to cooperate in the review of development applications for the properties. Such cooperation and coordination are authorized by California State law, including but not limited to, Section 65101 of the California Government Code and the California Environmental Quality Act (California Public Resources Code, section 21000, et seq). 1. Scope of Memorandum of Understanding. The City and County agree to participate in a cooperative planning process intended to produce recommendations for amendments to the San Rafael General Plan and the Marin Countywide Plan. 1.1 The Advisory Task Force established in paragraph 2.2 of this Memorandum of Understanding shall develop recommendations setting forth proposed locations for development, densities, intensities, and design guidelines for those areas appropriate for development, and environmental preservation and management policies for those areas inappropriate for development, consistent with the Coordination Policies set forth herein. In the event that the requirements herein conflict with existing state and local laws and ordinances, the state and local laws and ordinances shall prevail. The City and County shall, to the extent possible, coordinate their planning and review efforts as set forth in section 2. 1.2 In addition, the City will consult with the County during the review process of development applications for land use entitlements including but not limited to Pre -Zoning, Annexation, Tentative Map, and a Development Agreement, and all required environmental documents. 1.3 This Memorandum of Understanding is limited to the above -listed items and no other work shall be undertaken pursuant to the Memorandum of Understanding unless authorized by both jurisdictions in a written document approved by the San Rafael City Council and the Marin County Board of Supervisors. General Plan Amendments. 2.1 A Management Team comprised of representatives of the San Rafael Community Development Department and the Marin County Community Development Agency shall cooperate in implementing this Memorandum of Understanding. City and County will provide staff resources as necessary to prepare a work program and carry out the authorized work. Management of the work program shall be jointly conducted by the City and County, as specified in the work program. In the event of a dispute, the Management Team shall make a good faith effort to resolve the issue. If there is no resolution the Marin County Administrator and the San Rafael City Manager shall attempt to resolve the dispute to mutual satisfaction. 2.2 An Advisory Task Force comprised of a broad spectrum of community interests shall be appointed by the City and County within 60 days of approval and adoption of the Work Program by the parties hereto. The Task Force shall have 14 members appointed jointly by the City Council and the Board of Supervisors. Criteria for appointment include commitment to seeking a solution which best fulfills all the coordination policies listed in section 4 below. The committee shall include a balance of community interests, as described below: 2 co-chairs, Mayor Al Boro (alternate, Councilmember Paul Cohen) (ex officio, non-voting) Board President John Kress (alternate, Supervisor Steve It shall be the objective of the Task Force to reach consensus on mutually consistent general plan amendment recommendations for the San Rafael City Council and the Marin County Board of Supervisors: (1) recommendations for amendments to the San Rafael General Plan for portions of the Plan affecting the area designated in Exhibit A, and (2) recommendations for amendments to the Marin Countywide Plan for portions of the Plan affecting the area designated in Exhibit A. The Advisory Task Force shall be directed to draft recommendations for general plan amendments and submit them to the City and the County not more than six months from the time the group is first convened. 2.3 In the event that a consultant(s) is retained for the planning process, the selection of such consultant shall be made by the Management Team, and the costs shall be shared equally by the City and County. All consulting contracts shall be entered into with the- City of San Rafael and in accordance with its procedures for awarding and administering contracts. The City and County shall jointly provide management oversight over the consultants retained for this process. 2.4 Following completion of the Advisory Task Force's work, the Advisory Task Force's recommendations shall be forwarded to the respective jurisdictions involved herein for preliminary review. 2.5 The two jurisdictions shall review the recommendations in a manner consistent with their independent authority and responsibility. To further the agencies' mutual understanding of their respective plans and concerns, the agencies will hold Kinsey) 2 members Property owners (St. Vincent's - one; Silveira - one) 3 members Environment 2 members Housing 2 members Neighborhoods 2 members Business 1 member League of Women Voters 2 members Community at -large It shall be the objective of the Task Force to reach consensus on mutually consistent general plan amendment recommendations for the San Rafael City Council and the Marin County Board of Supervisors: (1) recommendations for amendments to the San Rafael General Plan for portions of the Plan affecting the area designated in Exhibit A, and (2) recommendations for amendments to the Marin Countywide Plan for portions of the Plan affecting the area designated in Exhibit A. The Advisory Task Force shall be directed to draft recommendations for general plan amendments and submit them to the City and the County not more than six months from the time the group is first convened. 2.3 In the event that a consultant(s) is retained for the planning process, the selection of such consultant shall be made by the Management Team, and the costs shall be shared equally by the City and County. All consulting contracts shall be entered into with the- City of San Rafael and in accordance with its procedures for awarding and administering contracts. The City and County shall jointly provide management oversight over the consultants retained for this process. 2.4 Following completion of the Advisory Task Force's work, the Advisory Task Force's recommendations shall be forwarded to the respective jurisdictions involved herein for preliminary review. 2.5 The two jurisdictions shall review the recommendations in a manner consistent with their independent authority and responsibility. To further the agencies' mutual understanding of their respective plans and concerns, the agencies will hold at least one joint public workshop on the proposed amendments to the Plans. Prior to the public hearings at the planning commissions of the City and the County, the amendments shall be brought before the Marin Countywide Planning Agency for review, comment and recommendation, in accordance with existing procedural requirements. 2.6 The City and the County intend to complete their independent General Plan amendments, including the environmental review of the Plan amendments. However, this would not preclude a project sponsor from applying for ,development applications consistent with the Task Force recommendations as endorsed by the City Council and the Board of Supervisors. If no application is forthcoming, the City and the County will proceed with respective General Plan amendments. 2.7 The City of San Rafael is the Lead Agency for compliance with the requirements of CEQA regarding amendments to the San Rafael General Plan. The County is the Lead Agency for compliance with CEQA regarding amendments to the Countywide Plan. 2.8 The City and County understand that some of the technical environmental assessments underlying the environmental review may overlap. For example, biological, cultural and archeological surveys would likely involve the same or similar data. The City and County agree to consider the joint funding of such studies. All contracts for joint studies will be entered into and administered by the City of San Rafael in accordance with its procedures for awarding and administering contracts. 2.9 If joint studies are undertaken pursuant to paragraph 2.8, the resulting studies will be submitted to the City and County for possible inclusion in their respective environmental reviews. The City and County will independently determine whether and how to incorporate the joint studies into their respective environmental reviews. 3. Development Applications. The City shall act as Managing Agency in processing any application for Prezoning, Annexation, Development Agreement, Tentative Map, and all other entitlements. The City shall act as Lead Agency for CEQA purposes, and the County shall serve in an advisory capacity. The City shall select an individual, firm and/or staff to prepare the environmental documents, and will administer consultant funds for the individual or firm selected. The preparation of environmental documents may occur concurrently with the review of the project application. The cost of preparing the environmental documents related to the development proposal shall be borne by the project sponsor. 4. Coordination Policies. The City and County recognize that the laws governing general plan amendments require consideration of the public interest beyond individual city and county boundary lines prior to approval of plan amendments. (For example, see Government Code sections 65351, 65352.) Accordingly, in addition to the City's non- binding Resolution No. 9395, the City and County have identified several advisory policies and informal objectives that should guide the development of Plan recommendations by the Advisory Task Force. These policies and objectives are detailed in the following paragraphs. 4.1 Protection of environmental and archaeological resources, including: • preservation of historic baylands. 4 • preservation of wetlands throughout tl A. Vincent's and Silveira properties. • protection of habitat areas. • long-term preservation of lands east of the railroad tracks. • preservation of Pacheco Ridge between San Rafael and Novato. • establishment of a 100 foot wide buffer along both sides of Miller Creek. • protection of native oak woodlands. 4.2 -Fairness to the property owners in terms of a reasonable economic use of their properties. 4.3 Creation of a compact community on St. Vincent's with: • preservation of the existing historic structures. • a mix of uses including residential, local -serving retail, office, destination recreation, and agriculture. • a full range of housing opportunities with the affordable units for low and moderate households integrated into the neighborhoods. • a pedestrian and transit orientation. • incorporation of design features compatible with the unique design excellence of the St. Vincent's historic complex. 4.4 Provision for development on the Silveira property with: • reuse of the Honor Farm site. • possible uses include residential, office, destination recreation, and agriculture. • a full range of housing opportunities with the affordable units for low and moderate households integrated into the residential development. • a pedestrian and transit orientation. 4.5 Provision of housing affordable to low and moderate income households to: • help meet San Rafael's fair share of housing allocation • provide workforce housing • improve the jobs/housing balance in the community 4.6 Retention of views of the Bay across the Silveira Ranch, and of the St. Vincent's Chapel. 4.7 Provision for regional access to and from Highway 101, and for local and emergency access recognizing that Silveira Parkway will not be extended beyond St. Vincent's Drive 4.8 Development that provides for a reasonable contribution to the costs of providing community services to the project. 4.9 A significant reduction in the total development potential of 2,100 residential units and 361,000 square feet of office/commercial space identified in the current San Rafael General Plan. 4.10 A significant reduction in the total area of the properties designated for development from the previously recommended 30% to a lesser number predicated upon the intended reduction in total development potential. 4.11 No development of a rail station on the properties. 5 4.12 Prioritization of portions of the development plan appropriate for amendment or modification by using available outside financial resources. 5. Notice. Reasonable advance notice shall be given to the other party, the property owners, and the public when either the City Council or the Board of Supervisors places an item on their respective agendas pertaining to the St. Vincent's and Silveira properties. 6. Amendments. This Memorandum may only be amended by action of the San Rafael City Council and the Marin County Board of Supervisors. 7. Termination. This Memorandum of Understanding shall remain in effect for the time necessary to complete the above -listed scope of work or until such time in the future as it is deemed appropriate by either the San Rafael City Council or the Marin County Board of Supervisors that this Memorandum of Understanding shall no longer have effect. Either party hereto may give notice of termination of this Memorandum of Understanding by delivery of a written document evidencing same. Notice of intent to terminate shall be given 14 days before consideration by either party. Limitations on Scope. Nothing in this Memorandum of Understanding shall be interpreted in a manner that expands, restricts, or otherwise alters the authority granted to either the City of San Rafael or Marin County under the laws of the State of California. Al rt J. oro, May Date City of San Rafael ATTEST: Manne M. Leoncini, City Clerk . hn Kress, President Marin County Board of Supervisors ATTEST: _--e�nka.tk_ Diane Sauer, Clerk of the Board Attachments JUN. 1 6 1998 Date CITY OF SAN RAFAEL SAN RAFAEL, CALIFORNIA INTER -DEPARTMENTAL MEMORANDUM DATE: May 9, 2002 TO: Mayor and City Councilmembers Planning Commission FROM: Bob Brown, Community Development Director SUBJECT: Annexation Issues Related to St. Vincent's Application Inquiries into the role of the Local Agency Formation Commission (LAFCO) and the County in the St. Vincent's application process prompted a discussion with Peter Banning, the executive officer of Marin LAFCO, and a review of the Cortese -Knox - Hertzberg Act which establishes LAFCO regulations. The following is a relatively brief summary of this research. The Annexation Process To be developed in the City of San Rafael, the St. Vincent's property will require annexation. The annexation decision is made by LAFCO, which is composed of seven members, two of which are County Supervisors (currently John Kress and Cynthia Murray), two representatives of Marin cities and towns (one of which is Barbara Heller) and three at -large members. The LAFCO decision will follow the City's development entitlement process, and will utilize the EIR prepared by the City. To be annexed to San Rafael, property must be contiguous to the city boundaries and be within the City's LAFCO-designated Sphere of Influence. St. Vincent's is not contiguous to the city limits, and would therefore require annexation of the Silveira property as well. Annexation can be initiated by resolution of the City Council at the conclusion of our entitlement process (pre -zoning and environmental review are required, at a minimum, by LAFCO), or by one or both of the property owners. The Silveiras can sign -on as co -applicants for annexation, or St. Vincent's can apply for annexation of both properties. Following initiation of the application, a tax -sharing agreement must be negotiated between the City and County, theoretically to compensate the City for service responsibilities that would be shifted from the County to the City. This process will be discussed later. LAFCO would then hold a public hearing, after which they could approve, approve with conditions and/or revised boundaries, or deny the proposed annexation. EXHIBIT 2 LAFCO's decision is quasi -legislative, meaning that they have broad discretion in reaching their decision. Attached are provisions from Cortese -Knox listing the factors that LAFCO may consider in reaching its decision. If annexation is approved, but application was not made by both affected property owners, then LAFCO's executive officer would hold a noticed protest hearing. If the areas to be annexed are inhabited by at least 12 registered voters, protest signatures of the registered voters may be submitted. If less than 25% of the registered voters object, the annexation is completed. If between 25 and 50% protest, a formal election is scheduled for registered voters residing on the affected properties. If greater than 50% of registered voters protest, the annexation is terminated. If the two properties contain less than 12 registered voters, the protest involves the property owners only. If less than 50% of the owners owning a majority of the assessed valuation file a protest, the annexation is completed. For the purposes of the protest process, the County Assessor would determine valuation of both properties (land only, not structures) without the exclusions typically applied to religious uses. In this case, St. Vincent's would most likely have greater assessed valuation due to its larger land area, and thereby control the protest hearing. LAFCO decisions cannot be referended by the public. The County's Role The County's role in the annexation process is two -fold: in negotiating a tax -sharing agreement and as two votes on the LAFCO board. In both cases, there is long- standing County policy that would favor annexation of the St. Vincent's and Silveira properties into San Rafael. The Cortese -Knox legislation gives the County great authority over the required tax -sharing agreement. However, the County and all Marin cities/towns and special districts have adopted a tax -sharing agreement which includes a formula for the amount of property tax that will be "credited" to the annexing agency. Our Management Services Department is presently reviewing this formula to determine its effect on future tax revenue from the proposed St. Vincent's application, which will be included in a future fiscal analysis to assure that tax and likely assessment district revenues pay for all anticipated City services for any new development. The present tax -sharing agreement was revised and adopted in 1990. Theoretically, the County could choose to terminate the agreement as a means of reducing revenue to the City and affecting the desired fiscal balance of the project. While recent revisions to Cortese -Knox provide some opportunity for LAFCO to arbitrate when an agreement cannot be reached, this has apparently not occurred to date in all of California, and the process still provides control over this negotiation process to the County. Two Board members would also be voting on the eventual annexation application. Once again, historic County policy comes into play. The Countywide Plan has designated both St. Vincent's and Silveira properties in San Rafael's Urban Service Area since 1973. The Urban Service Area is the area most accessible to urban infrastructure and expected to be annexed within the Plan's timeframe. Under the County -wide Plan, the Urban Service Area designation gives the City essentially the first right of refusal to process development permits. As stated in the current County -wide Plan, adopted in 1994, "Recommended Urban Service Area policies in the Community Facilities Element indicate that these lands [St. Vincent's and Silveira] should be annexed to the City of San Rafael prior to any urban development (Policy CD -10.6)." If annexation is denied, it is possible that St. Vincent's could be developed in the County's jurisdiction. LAFCO's Dual Annexation Policy requires that annexation to a special district to provide services to new development, such as sewer service, also include annexation into a city. However, St. Vincent's is already within the boundaries of the Las Gallinas Sanitary District, and could therefore be developed within the County if the County provides all other services, including fire and police protection. Presumably, the County will adopt new policies relating to St. Vincent's and Silveira as part of the new Countywide Plan. It is expected that these policies will still support annexation to San Rafael, but may also include provisions for lower density development should it occur in the County's jurisdiction.