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.