HomeMy WebLinkAboutCAC 2018-03-01 Minutes
Citizens Advisory Committee for Economic Development and Affordable Housing (CAC)
City of San Rafael
Third Floor Conference Room, City Hall
March 1, 2018
Meeting Summary Notes
CAC Members Present: Kati Miller, Bill Carney, Gladys Gilliland, Andrew Naja-Riese, Dirck
Brinckerhoff, Felix AuYeung, Glenn Koorhan
Members Absent: Bill O’Connell
City Staff Present: Danielle O’Leary
Members of the Public: Linda Jackson, Dan Bell, Mel Davick, Andrea
Presenters: Alyssa Galloway, Yvonne Roberts, Susie Criscimagna, Josh Townsend
1. Call to Order: Mr. Carney, Chair, called the CAC meeting to order at 7:03 pm.
2. Approval of February 1, 2018 Meeting Summary Notes
Approved with one correction - in item 4 (Update on 4th and A Project) Kati Miller’s name was
misspelled with an extra “e” in Kati.
3. BioMarin/Whistlestop - Conceptual Presentation and review
Representatives from BioMarin and Whistlestop, along with their partner, Eden Housing
provided an overview of their planned development activities.
● Alyssa Galloway, BioMarin’s Manager of Government Affairs, provided an overview
of the company’s intentions to construct two new buildings and expand its campus in
downtown San Rafael. Founded in 1997, BioMarin is a biotechnology company focused
exclusively on the development of treatments of rare pediatric diseases. The company’s
existing San Rafael campus is located off of Lindaro Street and houses 400,000 square
feet of offices and research laboratories with 800 employees.
● BioMarin is proposing the development of two new buildings at 999 3rd St, situated at
the corner of 3rd and Lindaro St. Both buildings will expand the BioMartin footprint in
downtown San Rafael along with a potential cafe and retail space. The buildings’ height
is listed at 70 feet tall, will use modern design principles, feature glass windows, natural
light, and also draw from inspiration by prominent architects in Marin County. The
buildings will be connected by a rooftop garden accessible for employees and visitors.
● There is no general timeline for the development of the two proposed buildings;
however, Ms. Galloway explained that they are in the phase of collecting input from the
various City commissions and the public. The first building — Building “A” would be
constructed sooner, while Building “B” would likely be delayed. Approximately 250 new
employees would work in these buildings.
● In general, CAC members responded favorably to the proposed BioMarin building
concepts; however, there were two main areas of concern and discussion:
● Parking: Multiple CAC members requested updates on the proposed parking spaces,
specifically, the number of parking spaces per 1,000 square feet. Further, CAC members
inquired about a blended floor area ratio for parking needs (a composite of parking for
the total area for lab space and office space). BioMarin is considering the blending of
their existing campus and the proposed new buildings to create one full campus, which
would thereby affect the floor area ratio and parking. CAC members also questioned
what would happen to the property should BioMarin sell it in the future.
○ Ms. Galloway explained that she is not the project manager, but she would ask
the project manager to follow-up with the CAC about parking. Further, Ms.
Galloway informed the CAC that BioMarin plans to conduct a parking study, the
results of which will inform their parking strategy. Of note, however, is that
BioMarin is seeing an uptick in usage of the SMART and other public transit.
Three-fourths of BioMarin’s employees live in Marin or Sonoma Counties, and
the imminent parking study will shed light on transportation patterns and needs.
One member of the public expressed that BioMarin should consider ways to
allow for use of their parking for public events, too.
● Pedestrian Safety: Several CAC members remarked on the importance of pedestrian
safety in the planned development, particularly for pedestrians crossing 2nd and 3rd
Streets. Ms. Galloway described that the new buildings will be set back from the street to
create a better pedestrian experience and emphasize safety. Additionally, there would
be no cars turning off of 2nd and 3rd Streets to access BioMarin. Project leads are
keenly aware of the City’s 3rd Street study and coordinating their plans with it.
● Yvonne Roberts, Whistlestop Development and Marketing Director
presented on their partnership with BioMarin and Eden Housing to support housing and
related needs of older adults. WhistleStop serves 11,000 people over age 60 years
annually by offering comprehensive services, including transportation, nutrition,
information and referrals and social connections. However, there is a critical need for
senior housing to allow Marin seniors to “age in place.” With the arrival of the SMART
train, Whistlestop developed a partnership to relocate their existing direct services and
also to build a housing site. In 2015, WhistleStop approached BioMarin to discuss the
purchase of the old PG&E property for senior housing.
● Susie Criscimagna, Senior Project Developer of Eden Housing. Eden Housing, a
non-profit affordable housing organization, serves seniors, families, and persons with
disabilities. In partnership with WhistleStop and BioMarin, Eden Housing would develop
a new residential site with 54 affordable housing units (53 for seniors ages 62 and older,
1 unit for an on-site property manager). Units would include 450 square foot studios and
600 square foot one-bedrooms. The housing units would sit atop a new 18,000 square
foot Active Aging Center where WhistleStop would administer nutrition counseling,
classroom-based education, and other services. Approximately 250 seniors would use
these services daily.
● The location is ideal given its proximity to the Downtown Kaiser, Walgreen’s, Safeway,
and the Transit Center. Since 19 parking spaces would be available for visitors only,
residents would have to forgo vehicle ownership. In general, the construction would take
full advantage of the site, with a proposed 0 foot set back on the front entrance side
proposed as a concession per State density laws. Further, Eden Housing would take
advantage of the State Density Bonus Law to allow additional concessions and waivers
since affordable housing is never financially feasible on its own, according to Ms.
Criscimagna.
● CAC members responded very favorably to the public benefits that would result from the
construction of the Senior Housing Site and Active Aging Center in conjunction with the
BioMarin development. CAC members asked Eden Housing about building more units.
Ms. Criscimagna responded that there is potential for 18 more units by including an
additional story, possibily in conjuction with doing a set back. Ms. Linda Jackson,
Program Director of the Aging Action Initiative, expressed that this project is important to
increase Marin’s older adult housing stock for seniors ages older than 60 years who are
paying more than one-third of their income for housing.
In response to the presentations, CAC members found the proposals attractive to bring more
people to downtown and develop areas characterized as unsightly. CAC members discussed
the trade-offs between additional building stories versus set backs, and in general, the CAC
members expressed their support of more residential units. Ms. Danielle O’Leary, expressed
that the CAC can offer their support of the project by describing the economic development
benefits of the project, including new high-paying jobs, more foot traffic in downtown, and
increasing value of the land.
The CAC membership voted unanimously to prepare a letter of support to send to the City
Council. The letter would express our support of the project at Whistlestop/Eden Housing, and
our interest in an additional story for more housing. The letter would also describe the CAC’s
support for the BioMarin project concepts, but request more information on parking.
As an action step, Chair Bill Carney and Secretary Andrew Naja-Riese will draft a letter and
send out for CAC members’ comment.
4. Project Updates
A. Transit Center and Station Area: The public process for providing input on the
development of the new Transit Center is starting. Consultant to the City Steve Kinsey
has developed a San Rafael Transit Center Guidance document, to which some CAC
members reacted and questioned why the existing depot/WhistleStop site is listed as a
pillar of the Project. Additionally, Bill Guerin and Paul Jensen have convened a meeting
of San Rafael ‘stakeholders’ who are suggesting ways to improve the public process for
providing input on the early development of a preferred alternative, including
consideration of a fourth alternative for the permanent transit center. CAC Chair Carney
sits on the 12-person committee, which has proposed further meetings with the Bridge
District consultants to provide consolidated stakeholder input, including at least one
Saturday workshop in addition to the three public meetings planned by the District.
B. 1001 Fourth Street/Marketplace: Ms. O’Leary updated the CAC that she has asked Paul
Goldstone to present on the proposed development on 4th Street at the April CAC
meeting. Mr. Goldstone plans to use some of the same consultants as BioMarin, which
may help coordination of the two projects.
C. Other Developments: Embassy Suites went into a sales transaction, and Ms. O’Leary
explained that they plan to remain open during renovation.
5. Update on selection of new CAC members.
There were 12 applicants for the CAC vacancy created by the resignation of Gordon Manashil;
interviews will occur in mid-March. Additionally, Felix AuYeung announced that he will be
resigning from the CAC, so two positions will now be filled. Chair Carney and CAC members
thanked Mr. AuYeung for his service and his wealth of knowledge on affordable housing. As a
result of Mr. AuYeung’s resignation, Kati Miller volunteered to step in as an alternate on the
General Plan Committee.
6. Public Comment on non-agenda items.
One member of the public inquired about medical cannabis businesses in San Rafael. Ms.
O’Leary explained the proposed licensing and zoning process and request for applications for
medical cannabis delivery, medical cannabis products manufacturing, and testing labs.
7. Proposed Future Agenda items:
Proposed topics include “Tiny housing” and an overview of economic development in North and
South San Rafael.
8. Adjournment
Chair Carney adjourned the meeting at 9:07 PM.
Respectfully submitted,
Andy Naja-Riese
SUMMARY OF HOUSING LEGISLATION – 2017-2018
March 30, 2018
HOUSING BILL SUMMARY +
COMMENTS SPECIFIC TO SAN RAFAEL
ACTION PLAN
FOR CITY
1
BILLS PASSED AND SIGNED AS NEW LAW
SB 2 - Permanent Source of Funds
for Affordable Housing
Development.
Imposes a mandated $75-$225
recording fee with property
sales/real estate docs (no fee for
home sales). Est. revenue of $200
Billon/year. Make-up for
dissolving of Redevelopment
Agencies.
Bill signed and law in effect.
City supported this bill.
No direct impacts on the City.
No action needed.
SB 3 - $4 Billion Housing Bond.
November 2018 bond on ballot.
Bonds to be used to supplement
cost of various existing housing
programs ($3B for State
affordable housing programs and
$1B for CalVet Home Loan
Program).
Bill signed and law in effect.
City supported this bill.
No direct impacts on the City.
No action needed.
SB 35 - Streamlined Approval
Process for Housing Projects.
(Coupled with SB 879, below).
Creates a ministerial process for
any residential project of 2 or
more units near major transit.
Commits developer to pay
prevailing wages for construction.
Limits local jurisdiction review of
project for compliance with a
Bill signed and law in effect.
City opposed this bill.
Law has a direct impact on the City; applies to most areas
served by major transit. While developer interest in
paying prevailing wage in Marin is not common,
affordable housing projects proposed by non-profits are
typically required to provide prevailing wage.
Big task for local jurisdictions = creating process for
individual requests. Currently, there is no City process
established to address individual requests.
Zoning Ordinance amendment and/or separate
processing resolution needs to be adopted to address
streamlined application requests. Must include
“objective planning and development standards.”
Standards must be prescribed and quantified to be “non-
discretionary.” Requires significant input from DRB, PC,
CC and public.
SUMMARY OF HOUSING LEGISLATION – 2017-2018
March 30, 2018
HOUSING BILL SUMMARY +
COMMENTS SPECIFIC TO SAN RAFAEL
ACTION PLAN
FOR CITY
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checklist of “objective planning
standards.”
Established time limits for review
and action on a project requesting
streamlined review.
Also expands local jurisdiction
requirements for annual reporting
(on housing approvals and start-
ups) to HCD.
Provisions of law also influenced
by the local jurisdiction meeting
RHNA goals through actual
construction.
Law is extremely complicated. See
separate fact sheet.
Objective planning and design standards must be
“quantified” to meet the test for ministerial action.
Time limits for streamlined for project review will be a
strain on staff and will require other projects being
processed to be placed at a lower priority.
Recent report issued from HCD finds that based on our
RHNA performance, the streamlined process for
residential projects is not required unless the
development has a minimum of 50% affordable units.
AB 1505 – Return of Inclusionary
Housing.
Palmer v. City of LA case
overturned by this bill. Reinstates
ability of local jurisdictions to
require inclusionary housing for
rental projects.
Limits a local jurisdictions’ ability
to impose an inclusionary housing
requirement to a maximum of
15% when adopting a new
ordinance.
Bill signed and law in effect.
City supported this bill.
Law has a direct impact on the City; allows the City to
employ and enforce the current inclusionary housing
requirements in the GP2020 and Zoning Ordinance (up to
20% BMR unit requirement in market rate projects). Less
reliance on securing BMR rental units through the density
bonus process.
The 15% inclusionary unit limit set by the law does not
apply to the City as we would not be adopting a new
ordinance.
No formal action or ordinance needed by the City.
Consider having the City Council adopt a resolution
confirming reinstatement of the adopted inclusionary
housing requirements for rental projects.
AB 678, SB 167, AB 1515 –
Strengthening Anti-NIMBY Law –
Housing Accountability Act.
Bills signed and laws in effect.
City opposed this bill.
Law has a direct impact on the City. Requires that City
City Planning Division staff will be required to comply
with the timeline set for determining housing project
consistency with the General Plan 2020 and zoning
SUMMARY OF HOUSING LEGISLATION – 2017-2018
March 30, 2018
HOUSING BILL SUMMARY +
COMMENTS SPECIFIC TO SAN RAFAEL
ACTION PLAN
FOR CITY
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Reinforces Housing Accountability
Act; limits local jurisdictions ability
to deny housing developments
that are consistent with the local
General Plan unless specific
findings are made.
SB 167 requires that local
jurisdiction provide the developer
of a housing project a list of
inconsistencies with the local
General Plan and zoning standards
within 30-60 days after the
application is deemed complete; if
not done within this time frame,
application is deemed consistent
with all local policies.
Requires that local jurisdiction pay
for attorney fees and fines if a
denied project is challenged.
AB 1515 allows the court to
determine whether a housing
project is consistent with the local
zoning and General Plan by
selecting the substantial evidence
it wishes to rely on rather than
reviewing whether the local
jurisdiction relied upon substantial
evidence.
further boost findings when acting on a housing
development project. Obligating the City to pay attorney
fees and fines for a challenged action.
Impacts City staff review and time management of
housing projects.
City action on housing projects would be vulnerable to
the courts discretion to select substantial evidence if a
housing project is challenged.
provisions. This review could be included in the first 30
days of application filing and completeness review.
No other action necessary. However, as part of the
GP2040 process, the law should be carefully reviewed to
determine if General Plan policies and programs need to
be amended to
SB 540, AB 73 – Workforce
Housing Opportunity Zones and
Bills signed and laws in effect.
City did not take a position on this bill but it was
No formal action needed unless the City determined that
a district(s) should be established.
SUMMARY OF HOUSING LEGISLATION – 2017-2018
March 30, 2018
HOUSING BILL SUMMARY +
COMMENTS SPECIFIC TO SAN RAFAEL
ACTION PLAN
FOR CITY
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Housing Sustainability Districts.
Allows local jurisdictions to
establish a workforce housing or
sustainability district that includes
a CEQA review and document that
covers review of individual sites
within the district (“front end”
planning like a Specific Plan or
Form-based Code approach) for
up to five years.
If a district is established,
individual residential projects
would be subject to a ministerial
review planning process subject to
a time limit for construction of 3
years.
Authorizes local jurisdictions to
create an incentive fund for “front
end” zoning and CEQA review for
residential infill projects within the
established district.
supported by the League of CA Cities.
Law is discretionary and does not apply to the City unless
a district(s) is established.
Note: In preparing for General Plan 2040, a Specific Plan
or Form-based Code is being considered for Downtown
San Rafael, which could provide streamlined review.
AB 1397, SB 166 – “No-Net-Loss
Zoning.”
Modifies current “No Net Loss
Zoning” law. Local jurisdiction
cannot downzone sites or approve
new housing at significantly lower
densities than that projected for
the site in the local Housing
Element without identifying other
Bills signed and laws in effect.
City did not take a position on this bill but it was opposed
by the League of CA Cities.
Law may have a direct impact on the City, but it is
questionable if this law applies to charter cities. General
Plan 2020 Housing Element includes a list of housing sites
with estimated unit count for development. While the
housing opportunity sites identified in the Housing
Element (2,500 units) far exceed the RHNA for this cycle
May require a detailed review of General Plan 2020
Housing Element housing site inventory to: a) determine
if surplus sites provide a comfortable cushion; and b)
determine the need to include specified income levels for
projected housing on each of the housing sites.
SUMMARY OF HOUSING LEGISLATION – 2017-2018
March 30, 2018
HOUSING BILL SUMMARY +
COMMENTS SPECIFIC TO SAN RAFAEL
ACTION PLAN
FOR CITY
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sites that could accommodate the
local need for housing sites at
specified income levels.
Not applicable to charter cities.
(1,005), the inventory of sites does not break down
projected units by projected income levels.
AB 72, SB 879 – Changes to HCD
Review of Local Housing Elements.
Boosts local jurisdiction
requirements for annual reporting
to HCD. Allows HCD to revoke
local Housing Element compliance
(certification) for inconsistent
actions.
Bills signed and laws in effect.
City did not take a position on this bill.
Law has a direct impact on the City. While the changes in
annual reporting to HCD are more onerous but not
problematic, City actions on housing projects and the
General Plan Housing Element would be more vulnerable
to challenge and HCD oversight.
Monitor its activity related to actions on housing projects
and the General Plan Housing Element to ensure
compliance with the State law.
AB 1521 – Expiring Affordability
Restrictions.
Strengthens the law regarding the
preservation of existing assisted
housing developments (assisted =
multiple-family housing subject to
federal, state or local assistance;
not applicable to properties under
rent controlled/rent stabilization).
Requires the owner to provide
notice to tenants (3 years) when
the affordability restriction is to
sunset. Requires that owner
accept an offer to purchase by
tenant and limits rent increases at
time restriction sunsets.
Bill passed and law in effect.
City did not take a position on this bill.
Law has an indirect impact on the City.
Meet with Marin County Housing Authority to determine
applicability of this law, and compliance.
AB 571 – Farmworker Housing. Bill passed and law in effect. No action needed.
SUMMARY OF HOUSING LEGISLATION – 2017-2018
March 30, 2018
HOUSING BILL SUMMARY +
COMMENTS SPECIFIC TO SAN RAFAEL
ACTION PLAN
FOR CITY
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Boosts the farmworkers, low-
income tax credit program.
City did not take a position on this bill.
No impacts on the City.
AB 494, SB 229 – Easing
Restrictions on ADU Construction.
Requires that any new ADU that is
interior to the primary single-
family residence must be afforded
the ministerial review process in
any zoning district that permits a
single-family residence (e.g.,
multiple-family residential
districts).
Parking for an exterior ADU is
limited to no more than one space
per unit or per bedroom,
“whichever is less;” no parking is
required for a detached ADU
studio unit. Local jurisdictions
cannot prohibit parking in
setbacks or in tandem.
Local utility servers cannot
consider an ADU to be a
residential use for calculating fees
and may not require a new or
separate utility connection for an
interior ADU. A new and separate
utility connection may be required
for a new exterior ADU but fee
must be based on ADU size and
Bill passed and law in effect.
City did not take a position on this bill.
Law has an indirect impact on the City. At present, City
zoning permits single-family residences and ADUs in all
residential zoning districts.
City is working on a new, local ADU ordinance. New
parking requirements will need to be addressed.
Local utilities will need to be informed of the new laws
addressing utility connections.
Include updated parking requirements in the new ADU
ordinance (yet to be adopted).
SUMMARY OF HOUSING LEGISLATION – 2017-2018
March 30, 2018
HOUSING BILL SUMMARY +
COMMENTS SPECIFIC TO SAN RAFAEL
ACTION PLAN
FOR CITY
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number of plumbing fixtures.
BILLS INTRODUCED
SB 827 – Transit-Rich Housing
Project Bill.
Would authorize a housing project
of two or more units to qualify for
a “transit-rich housing bonus.”
Projects within ½-mile radius of a
major transit stop or ¼-mile radius
of high quality transit corridor
would be exempt from: maximum
residential density and FAR
provisions; minimum parking
requirements; and design
standards that restrict the ability
to construct the maximum
number of units. Building heights
of 55 feet shall be permitted if the
adjacent street width is less than
45 feet. If the adjacent street
width is greater than 45 feet, 85-
foot building heights shall be
permitted.
Bill introduced.
City has submitted a letter opposing this bill.
This proposed law would have a direct and dramatic
impact on the City and the urban corridor of Marin
County. City has many areas that meet the criteria for a
transit-rich housing bonus.
At present, building height limits cap at 66 feet in
Downtown (with some bonuses up to 74 feet), except for
the Courthouse Square property (101 feet).
Suburban areas such as Terra Linda and older residential
neighborhoods in Central San Rafael would be impacted.
These areas typically have building height limits of 30-36
feet.
Monitor progress of bill.
SB 828 – RHNA Rollover Bill.
Would require that State HCD
address historic underproduction
Bill introduced.
City has submitted a letter opposing this bill.
This proposed law would have a direct and dramatic
Monitor progress of bill.
SUMMARY OF HOUSING LEGISLATION – 2017-2018
March 30, 2018
HOUSING BILL SUMMARY +
COMMENTS SPECIFIC TO SAN RAFAEL
ACTION PLAN
FOR CITY
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of housing by completing a
comprehensive assessment of
unmet need for each region. Plan
calls for requiring local
jurisdictions with high rates of
income growth have a high rate of
housing production
commensurate to income levels.
Also requires that HCD develop a
methodology to require that
unmet RHNA be “rolled over” to
the next reporting period.
Requires that local jurisdictions
plan and accommodate for 200%
of the local housing allocation for
every income level in its Housing
Element.
impact on the City in several ways. First, the current
RHNA for San Rafael is 1007 units. If units are not built to
meet RHNA for the annual reporting period, the number
rolls over to the next period. So, if no construction
occurs, the RHNA number does not go down. This bill
unfairly places local jurisdictions in a vulnerable position
as construction activity is dictated by the market. Local
jurisdictions have no control over this market. Second,
essentially, the bill requires the local jurisdiction to plan
for doubling the current RHNA spread across all income
levels. The San Rafael Housing Element identifies housing
opportunities for approximately 2,500 units, which
provides a comfortable cushion above the current 1,007-
unit RHNA. Much of this cushion would ultimately
become the RHNA obligation for San Rafael.