HomeMy WebLinkAboutSPJT Minutes 1984-02-13SRCC/Planning Commission Minutes (Sp. Joint) 2/13/84 Page 1
In the Council Chambers of the City of San Rafael, Monday, February 13,
1984, at 7:30 PM.
Special Joint Present: Lawrence E. Mulryan, Mayor
Meeting: Dorothy L. Breiner, Councilmember
Gary R. Frugoli, Councilmember
Richard Nave, Councilmember
Jerry Russom, Councilmember
Present: Maynard H. Willms, Chairman
Robert E. Hoffman, Commissioner
Richard M. Norman, Commissioner
Michael J. Smith, Commissioner
John A. Starkweather, Commissioner
Absent: Albert J. Boro, Vice -Chairman
Bob Livingston, Commissioner
Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini,
City Clerk; Anne Moore, Planning Director
RE: WORKSHOP ON EAST SAN RAFAEL - File 10-2 x 218 x SRRA R.-189
Mayor Mulryan stated that the purpose of tonight's meeting is to
review jointly with the Planning Commission the important land use
planning issues in East San Rafael.
Planning Director Moore informed Council that this workshop has been
widely noticed. The area that attention will be focused on is
slightly larger than the Northgate area. There are many projects
listed in the report, projects under construction; approved projects
not under construction; pending projects and future projects. Build-
ing Permits have presently been issued for approximately 70,000 sq. ft.
of retail and over 200,000 sq. ft. of office with over 50 residences.
Approved projects total up to over 200,000 sq. ft. of office - light
industrial, and over 40 residences. Applications are currently pending
for 50,000 sq. ft. of commercial, 250,000 sq. ft. of office, almost
30,000 sq. ft. of office/industrial uses and over 1,000 residential
units. Also, there are future projects that, if the kind of land use
structure used in the past is used now, could result in the development
of 176,000 sq. ft. of retail, over 2,000,000 sq. ft. of office and light
industrial development and in addition, 200 residences. The reason for
this discussion this evening is in recognition of these developments
along with current and future traffic congestion.
Ms. Moore stated that the current Level of Service at the critical
Bellam Blvd. intersection is well within Service D, and it is anti-
cipated that it will be very difficult in the coming year prior to
construction of the three interim improvements, which have been
described numerous times, to maintain that Level of Service D. It is
anticipated that there will be some noticeable change in that area
with the opening of the Marin Square Shopping Center. There are
currently approved projects, on paper only, which show that there are
enough projects approved to utilize all the additional capacity that
will result from the interim improvements. Several of these projects,
such as the Bayview Business Park project, are very large projects
(about 4,000,000 sq. ft.).
It is not possible, however, to be specific about the Long Term
Improvement projects, mainly because so much of the data has to do
with traffic count and changes in trip generation from various land
uses in the area which are new, so there has not been enough time to
evaluate them for an area as large as this one.
In 1982, 8 signaliza.tion projects and 12 major roadway improvement
projects were identified. The signalization projects and 12 major
roadway improvement projects for which the City recognizes it has an
obligation to be involved in the funding, total over $7,000,000 in
cost in today's dollars. There are three major roadway improvements
that the City has identified as State responsibility that are currently
roughly estimated to cost $30,000,000, for a total improvement package
of over $36,000,000.
It is expected that a. new east/west connector is going to be needed,
south of the Bella.m corridor due to intensification of land uses; and
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eventually, it may be necessary to make some upgraded improvement at
the San Quentin interchange.
Regarding the Neighborhood Plan detailed in the staff report, the
schedule that is anticipated is that, given the amount of time it will
take for the consultant selection, it is expected that the consultant
will be working on development of the draft neighborhood plan from March
through December, 1984, with a draft plan completed this calendar year,
and ready for Planning Commission and City Council review and considera-
tion in 1985.
Also, as a result of its review of the final EIR and associated appli-
cations for the Canalways project, the Planning Commission made a re-
ferral to the City Council for policy direction and guidance as to how
to process development applications during preparation of the neighbor-
hood plan. While the Commission did not make a specific recommendation
on what it thought should be done, their action was interpreted as their
recognition that this is a very major project, and the EIR shows that
there are some potentially significant traffic effects for the project,
and that was the rationale for the referral. Another referral has been
associated with the Wendy's Restaurant, a much smaller project, but one
which is the first project which has come along since the Bayview
Business Park for City authorization to construct. The Commission has
raised the question, since we know it is going to take a year to con-
struct the interim improvements, what will happen with Wendy's since
they already have approval for all the capacity that is going to be
gained with the interim improvements.
Additionally, there has been significant discussion of the amount of
traffic mitigation fees for all projects, which focus again first on
Wendy's because it is the first project that has come to the Planning
Commission after Bayview Business Park. The City has tried to be very
flexible and accommodating to construction of new development, and at
the same time as new information has become available, adjusted the
traffic mitigation fees as necessary. This is quite a different approach
to that which was used in the Northgate Activity Center plan area, where
we had approximately a two year period of time when we had a processing
moratorium for new development, and there were difficulties with that
kind of approach.
Councilmember Breiner had several questions relating to Caltrans, etc.,
also when the auxiliary lane would be built. Public Works Director
Bernardi replied that the City is currently preparing plans for the
project and expects to go to bid in the Spring of 1985, with construction
to start in the Fall of that year. Councilmember Breiner asked if the
project would be finished by the Fall of 1986, and Mr. Bernardi said it
would. She also asked whether there has been any way available to
distinguish between what the level of service might be when those improve-
ments are finished, and how that would affect the level of service here.
Mr. Bernardi said that it has been difficult to establish the level of
service at the interchange now because of the need to try to account for
the trips that are diverted from the freeway. Councilmember Breiner
then asked what the cost would be for the east/west connector and how
much need there would really be for that. Planning Director Moore
replied that it would help the east/west traffic (not necessarily coming
from the freeway), and with the extension of Andersen Drive to the south,
east of Sir Francis Drake Drake Blvd. and ultimately to the north of "A"
Street. There would then be a circulation pattern, with some parallels
and alternates to the few routes that drivers are now using. There is
no way to know how much that would help at this point, but there will be
more information in the next few months as the alternate transportation
package is prepared.
Councilmember Frugoli asked if the connector would allow much of the
traffic to go right on Highway 101 going north instead of going on
Bellam Blvd., if there was a ramp. Planning Director Moore replied
that what is anticipated for a crossing such as the one at Irene Street
would simply be a connection between east and west, not on or off ramps,
with Highway 17 or 101. Councilmember Frugoli asked if an on-ramp could
be put on Highway 17 from there, and Ms. Moore replied that it is too
close to the existing Bellam interchange; the major improvement that
needs to be done there is to get rid of one of the three intersections
that are too close together now and relocate the existing northbound
on and off ramp to Highway 17 to the south of Bellam Blvd. Councilmember
Frugoli also inquired about the Level of Service D. He stated that he
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has been going there at peak hours and other times to watch and has
noticed that the congestion is around 4:30 PM for about 1-1/2 hours.
Ms. Moore replied that according to the information available, there
is peak traffic at Noon also, with about 90% of the peak traffic at
the P.M. hours.
Councilmember Russom asked Ms. Moore to define clearly the term "use
by right". Ms. Moore replied that the "use by right" is the one which
is allowed in the zoning district - it requires no Use Permit; for
example, in a general or commercial district, a retail establishment
is a "use by right". It is only a change of ownership. Councilmember
Russom asked why were the 1982 traffic mitigation fees authorized by
Council in East San Rafael so much lower than the Northgate fees, at
roughly the same time? Was it because of the improvements that had
to be made? Ms. Moore said that was true, and also because there has
always been a City acknowledgment that there would be other funding
sources looked to for the improvements in the East San Rafael area;
State, Federal and Redevelopment, and City funding. The Northgate
Activity Center Plan is based solely on traffic mitigation fees paid
by new development.
Councilmember Nave asked two questions. In looking at the Bayview
Business Park and Northgate Activity Center mitigation fees that were
set in 1982 at $890, and $1,890 for the Bayview Business Park; actually,
in negotiations with the owner and legal counsel they volunteered to pay
$350,000, because payment would be spaced over a seven-year period.
Councilmember Nave asked if this would be used as a bench -mark, as he
felt this would be unfair, especially if you had a Wendy's or some other
store where the fees would not be spaced over a seven year period. The
other question had to do with the density of uses in the area, and the
fact that it would take away a lot of rights of the individuals who had
retail store businesses, if they were obliged to apply for Use Permits,
in addition to creating a large amount of projects for the Planning
Commission to review.
Mayor Mulryan stated that he felt this was a legitimate worry and that
it will be one of the things discussed at this workshop. There should
be simpler controls, simpler review to prevent the traffic from becoming
so intolerable that the businesses won't work. To clarify Councilmember
Nave's concerns, Mayor Mulryan asked for clarification of what is meant
by intensifying the Use Permit process.
Planning Director Moore replied that at the very least what is proposed
is that this be considered during the preparation of the Neighborhood
Plan, and the Neighborhood Plan in its recommendation for specific
implementation measures would have to contain a recommendation as to
whether that level of control would be necessary. Ms. Moore said that
there were other ways that Use Permits could be handled, but she had not
prepared a proposed zoning ordinance for consideration at this time.
Councilmember Breiner asked Ms. Moore if it is correct to assume that
many of the buildings were originally built as warehouse -type buildings
that did not require many employees, or much parking, and as the office
demand increased, it created the intensification that was mentioned
earlier. So, through the overlay process of the Neighborhood Plan that
type of usage could be controlled better. Ms. Moore said that this was
correct and that right now there is only business license enforcement
which is used whether the parking is adequate or not. With the Use
Permit process, the Planning Department would have the right to determine
whether an increase in intensity was in the City's best interest or not.
Planning Commission Chairman Willms asked Ms. Moore to clarify that the
areas that were being discussed were basically zoned "C2" and "M". Ms.
Moore said that this was correct. She pointed out in the report that
she was concerned about the large amount of "U" (Unclassified) zoning
in the area. "C2" and I'M" are the two districts that need to be looked at.
Councilmember Frugoli expressed some concern about the previous dis-
cussion regarding government controls - who is going to be allowed to
move into the area and who is not because of the traffic they would
generate. He added that he felt the people should not be dictated to
by government in this manner.
Mayor Mulryan indicated that alternatives should be explored if we
assume that we cannot allow all development without some regard as to
when the long-range improvementsare going to be made.
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There was more discussion regarding the control of traffic in the area,
and the revenue generated by old and new businesses, with Councilmember
Nave reiterating his doubts about the appropriateness of Traffic Service
D or E being the answer to the traffic problems. He stated that he
would not like to see a moratorium or anything that would hold up the
progress. He said that he would like to see the Planning Commission and
Council work together on the criteria that Ms. Moore was referring to
and to make it a base line or a guideline to learn more about the
problems and the way to handle them.
Mayor Mulryan said he could not disagree with that, in addition there
are people who own property and want to know if they can develop it in
accordance with guildelines today.
Planning Commission Chairman Willms stated that this was the intent of
the Planning Commission when it requested that this workshop be held, to
ask some guidance from the Council. However, it is felt that some com-
promise is necessary with the neighborhood as well as with the businesses.
Commissioner Michael Smith stated that he agreed with Mr. Nave's earlier
comment that the mitigation fees should not be based on a negotiated
settlement that was made on the Bayview Business Park. He stated that
he also agreed with Mr. Willms' feeling that there will be some dis-
appointments by developers and homeowners for the next couple of years,
but he feels that there is flexibility in looking at projects and what
good they will bring for the community - traffic flow vs. gain in sales ta2i
Commissioner Richard Norman stated that the problem, as he sees it, boils
down to a conflict in policies and development criteria. He stated he
finds it very difficult to judge the merit of projects when they have
no criteria, no level of service, etc., and to try to develop on the
one hand the neighborhood plan criteria, and on the other hand to have to
act on a specific project which may be in conflict with what will come
up two years from now, we need better policy guidance.
Commissioner John Starkwea.ther.stated that he feels it is just as import-
ant for people who operate businesses in the area not to have a complete
deadlock in the congestion, as it is for those who wish to get to the
businesses. The whole purpose of the planning process is to find some
way to balance these conflicting pressures, and it is not enough to say
that we should allow a lot of development for tax dollars, disregarding
the problems connected with the development.
Councilmember Russom stated that the remarks made by the Planning Com-
mission were valid.
Mayor Mulryan stated that much work has been done to help the area
already, but the problem has been the lack of funds for the roadway im-
provements, and added that he hoped funds could be obtained from Caltrans.
Councilmember Frugoli agreed with going to Caltrans for assistance,
stating it is important to establish a sequence for development.
Discussion followed on the subject of funding, traffic, development, etc.,
and the best way to handle the problems, and most speakers agreed that
a moratorium should not be declared in East San Rafael and that Level
of Service D regarding traffic would be acceptable.
Mayor Mulryan then invited comments from the public.
Albert Bianchi, Attorney representing sponsors of the Canalways Project,
stated that there is presently and potentially a traffic problem in this
area and that it should be solved. Also, the City should continue to
process applications as they are received; concurrently proceed to evolve
the Neighborhood Plan which should accommodate pending projects; incor-
porate the needed traffic mitigation fees required and identify other need;
Marta Sullivan, representing Friends of Spinnaker Point, questioned
Part B of the staff report regarding the overlay zoning ordinance.
She indicated that there is more than a traffic problem with the Canalways
Project - the height of the building, the location in San Rafael, the
density of the project, and the fact that it involves a lot of development
in a small area.
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Ms. Golda Fredrick, speaking as a. resident of Spinnaker Point, referred
to the traffic situation in the area of Francisco Blvd. and stated that
it has become so difficult that she is moving out of the area, and added
that many other residents of Spinnaker are also moving out. Also, she
stated the Council and Planning Commission should be concerned about the
Neighborhood 30 Plan, that the open space should be preserved for the
people and the endangered species and wild life.
William T. Bullard, Attorney representing Mr. Gilmore (franchisee for
Wendy's), stated that even though he had written a letter to Council,
he wished to reiterate a few points at this time. The first concerned
the timing of the issuance of the building permit as it relates to
completion of the interim traffic improvements, and the second to the
amount of traffic mitigation fees. He stated that the timing would
place Mr. Gilmore in a bind and cause a real hardship. Mr. Bullard also
referred to the amount of traffic mitigation fees, and said that there
is precedent at Northgate and the East San Rafael area. The peak hour
trips and "captured" trips should be taken into consideration, as well
as which intersections are affected, and what kind of fees have been
levied in the past.
Angela Wood, resident of Spinnaker Point, stated that having lived at
that location for 3-1/2 years, the traffic situation is intolerable.
She felt that the Canalways Project should be delayed until the
Neighborhood 30 Plan has been completed.
Kathy Campbell, representing the Canal Community Alliance, read excerpts
from the General Plan and reminded Council that the document emphasizes
growth while protecting neighborhood character. She stated that there
has been much concern about the traffic, noise element, air quality,
volume over capacity, and fair share traffic. Ms. Campbell stated that,
speaking for the Canal Community Alliance, she was reiterating that
they do not call for or support a moratorium, they do not believe there
should be any amendment to the General Plan, and that developments should
work hand in hand.
Gil Deane, resident of Vista del Mar in San Rafael, stated that he has
serious concerns about some of the arguments he heard earlier in the
evening. He felt that the approval of projects is contingent upon the
sales tax revenues that projects will produce, and added that he hoped
Council and Planning Commission would not minimize the horrendous
traffic problem that exists not only at 4:00 or 4:30 PM on Fridays,
but many times throughout the day.
Don Dickenson, 327 Jewel Street, speaking both as a resident and as a
member of the Board of Directors of the Marin Conservation League,
stated he was concerned about the issue of whether or not the City should
be considering amendment to the existing public policy during the pre-
paration of the Neighborhood 30 Plan. He said the Conservation League
is very concerned about two of the projects, Canalways and Spinnaker, and
the protection of the wetlands, a known site of endangered species.
Mayor Mulryan stated that as this was a workshop, no formal action would
be taken at this time.
City Manager Beyer indicated that the problems mentioned at the workshop
will be placed on the Council agenda for the meeting of February 21, 1984.
Mayor Mulryan then adjourned the meeting.
JEA E Vi. LEONCI l�, City Clerk
APPROVED THIS DAY OF , 1984
MAYOR OF THE -CITY OF SAN RA_FAEL
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