HomeMy WebLinkAboutSPJT Minutes 1997-05-29SRCC/P1 Comm. MINUTES (Special Annual) 5/29/97 Page 1
IN THE COUNCIL CHAMBER, 1400 FIFTH AVENUE, SAN RAFAEL, WEDNESDAY, MAY 29, 1997,
7:30 PM
Special Joint Annual Meeting:
San Rafael City Council/
Planning Commission
Present: CITY COUNCIL Present: PLANNING COMMISSION:
Albert J. Boro, Mayor Ann Batman, Chair
Paul M. Cohen, Councilmember Jim Atchison, Commissioner
Barbara Heller, Councilmember Jeff Kirchmann, Commissioner
Cyr. N. Miller, Councilmember Bruce Scott, Commissioner
John Starkweather, Commissioner
Marilyn Williams, Commissioner
Absent: Gary O. Phillips, Councilmember
Absent: Richard O'Brien, Commissioner
Others Present: Rod Gould, City Manager
Robert J. Pendoley, Planning Director
Sheila Delimont, Principal Planner
Linda Jackson, Associate Planner
Nimat Shakoor-Grantham, Code Enforcement Officer
SPECIAL JOINT CITY COUNCIL/PLANNING COMMISSION ANNUAL MEETING - File 9-2-6 x 9-1
Mayor Boro opened the meeting and thanked the Planning Commissioners and City Council
Members for attending. He then turned the meeting over to Planning Commission Chair
Ann Batman.
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Chair Batman reported that a new group has been formed, Friends of Dominican, in
addition to the other group of Dominican neighbors who have been active in the
negotiations. Ms. Batman stated she will report back on their progress.
URGENT COMMUNICATIONS:
None
1. Status Report.
Director Pendoley reported on the recent trends in Planning, and the drop in Use
Permits beginning in 1991 when the new Zoning Ordinance was adopted, which
resulted in streamlining of the procedures. One feature was not renewing a
Use Permit if there had been no problems during its duration. He analyzed
permit trends during the period 1988 to 1996, as explained in the staff report,
and noted that in 1989 we had five professional planners and today, with a
staff of three, Planners Bell, Patterson and Tuikka, the workload is kept
current. He added they have also streamlined the Design Review process.
Commissioner Starkweather stated he had raised a question at a recent meeting, when
the Commission was working on a subdivision with a Negative Declaration. There
was no EIR (Environmental Impact Report) involved because of the cooperation
of the developer in mitigation issues. Commissioner Kirchmann had mentioned
that the project had been before the Design Review Board (DRB) approximately
eight times, and he did not want to ask for items which had not been requested
in the previous hearings. Commissioner Starkweather stated he felt that when
a project has proceeded in that fashion the developer must feel he has some
sort of entitlement and is not open to basic issues. The DRB does cover all
aspects, but are principally concerned with design, and they should operate
within their guidelines and not go into the other issues.
Commissioner Atchison agreed with the remark about the developers feeling they have
an entitlement in such cases. Commissioner Starkweather stated the DRB should
move the projects along and not have a lot of "to and fro". Commissioner
Kirchmann stated that from the DRB meetings he has attended, it seems that
most of the projects go back three or four times, and most of those times the
applicants are not responding to the recommendations of the DRB, and it is
not because of a lack of direction from the DRB.
Councilmember Cohen stated he could see where the Commission feels a sense of
obligation to move a project through, but there is a problem when people are
not responding to the DRB comments. It might be that it is an extremely
difficult site. He added that the DRB has done quite a bit of streamlining
to move the projects through. His concern is that the Commission addresses
different issues than the DRB. Commissioner Starkweather stated that some
of the issues could make a real change in a project. Chair Batman stated that
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the Commission should "stick to our guns" and not be afraid to say that a project
is not good enough.
Commissioner Williams stated that a project can be changed so many times in the
DRB that any change the Commission wants would compromise it. Commissioner
Starkweather stated it works well when the designer treats the DRB 's directions
as helpful comments from his peers.
Mayor Boro asked if the staff report could focus the Commission on how many times
a project has been before the DRB, and also focus the Council on that issue?
He noted that sometimes it will be the first time the Council has seen a project,
but it has been in the process for a long time. He felt the staff report should
set the tone.
Director Pendoley responded that in the project first referred to, the developer
was told the first day to expect an EIR, but he wanted to try for a Negative
Declaration. They were told they would be working with the DRB, but that the
Planning Commission had to make a decision regarding a Negative Declaration
or an EIR. It was explained to the developers that the City Council acts in
response to the Planning Commission's work.
Chair Batman stated we should not be intimidated, even if something has to go back
again. Councilmember Cohen questioned how often the Commission would have
a problem with design issues? He noted that the DRB approaches have a different
perspective; however, some issues overlap. Chair Batman explained there have
been site plans where the Commission is not happy with what has come through
the DRB. Commissioner Atchison stated he can see more being done with opening
meetings such as last Tuesday (Macy's project); he sees a real value in that
type of meeting. Commissioner Kirchmann noted that the DRB has streamlined
their process over the last couple of years.
Mayor Boro remarked that whatever you put up today will be here for at least 100
years and we should be completely satisfied, just so our requirements are not
unreasonable.
Councilmember Miller noted that people who have had problems with the DRB in the
past are feeling a lot better now. Mayor Boro agreed, adding that the Chamber
of Commerce is now very satisfied with the DRB.
Councilmember Cohen stated that sometimes people come to the Commission with a design
issue on which the DRB has already done its work. He asked about the amount
of public input at DRB meetings, and Commissioner Kirchmann explained there
is a tremendous amount of public input at the DRB meetings. Councilmember
Cohen stated we should avoid "whipsawing" applicants.
2. Department Reorganization
3. Community Development
City Manager Rod Gould spoke about plans for reorganization to form a new Community
Development Department. He stated that since coming to San Rafael he has done
a lot of studying and talking with staff, commissions and business groups,
and also reading independent surveys. He also observed the various
departments' functions and capacities. Although San Rafael's development
processing is probably the best in Marin County, it can be improved. He noted
that the Building and Planning activities are staffed by dedicated and
professional employees; however, the process for the public has been cumbersome.
The public, who are our "customers" felt very confused with the process, going
from one area to another when processing a project. They do not understand
how the process works. Also, there is not always good communications between
the departments.
City Manager Gould stated that the Community Development concept is working very
well in a number of other cities in California, and has been in use for at
least two decades. He reported that in February he commenced a series of
meetings with staff, to ask City employees who were working at the front counters
and in the processing, if they felt the new system would work. They agreed
it would, and we have since had a series of workshops. He stated he is certain
that the Planning Commission is aware of the professionalism of the Planning
Department staff, who were hard hit by the recent cutbacks, and have been
performing efficiently and handling a heavy workload. The staff agreed that
this type of reorganization, which is called "One -Stop permit processing",
would operate much more efficiently. He explained that the applicant does
not have to go to several people to get things done, but would go to one counter,
and a lot of the processing can be done right at the counter. A lot of the
coordination would be done behind the scenes, but would require a lot less
of the applicant. Also, the physical set-up is confusing for the public, with
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three counters facing them as they come through the door. He stated that if
we changed the floor plan and reorganized how we present ourselves to the public,
we could do better. We could avail ourselves of information systems technology
and share it throughout the department.
Mr. Gould suggested there would be opportunities for cross -training, whereby the
building officials would know more about what the planners do, and vice versa.
In that way they could be of more assistance to one another. He listed the
functions to be under one organizational roof: 1) Current Planning; 2) Advance
Planning; 3) Transportation Planning; 4) Land Development; 5) Building
Inspection; 6) Code Enforcement; 7) Counter Technicians; and 8) Clerical and
Information Services. He noted the department would have close links with
Redevelopment, Public Works, Fire Department, and Police Department. The plan
was presented to the City Council and they said it is worth trying. Since
that time there have been additional meetings with staff, and Mr. Gould stated
he senses there is a greater comfort level among the players, and he is optimistic
about the plan.
Mr. Gould explained the necessity for outside recruitment for a Director of Community
Development position. He stated that even if you have in-house candidates,
it is advisable to test the market. Also, given the organizational change,
it might be easier for someone coming from the outside to effect that change.
The Council authorized a professional recruiter. Mr. Gould noted that
Director Pendoley was asked to apply for the position, but he respectfully
declined at this time. Mr. Gould stated that during his eleven months with
the City he has come to admire and respect Mr. Pendoley's work with the City.
He stated he realizes the large projects which have been coming before the
City, necessitating numerous night meetings and expertise, and he appreciates
Mr. Pendoley's work, as well as the Planning staff. He stated that if the
City Council is not fully convinced that we have a candidate who is a perfect
match for this City and the future challenges of Community Development, he
would recommend that we go back to Mr. Pendoley and ask him to continue his
service to the City of San Rafael. He reported that at this point there have
been 54 applications, and the recruiter is spending the next few weeks
interviewing 17 of the applicants. There will be 6 to 10 for the first round
of interviews at City level. The Council has authorized a panel to do those
interviews, consisting of a member of the City Council, a member of the Planning
Commission, a couple of department directors, a couple of representatives from
the City employees, perhaps a representative of the business community, and
our City Attorney, who would evaluate the 6 to 10 applicants and recommend
2 or 3 to come before the City Council for in-depth interview and final selection.
He expects that the round of interviews at City level would take place during
the third week of June, and it would be a great help if the City Council and
Planning Commission would let him know in the next week or so who their
representatives will be. He will try to find a date for the interviews which
will be mutually acceptable for everyone. He stated he is excited about the
concept for the new department, and there will be many challenges ahead, such
as the updating of the General Plan and some large projects coming up.
4. Report on Long Range Planning Activities
Mr. Pendoley introduced Associate Planner Linda Jackson, who first spoke of the
Vision for North San Rafael. With the overhead, she explained the Vision
process, stating there have been 9 community workshops completed, and on June
5th they will be beginning the work of reaching consensus on values and goals,
and writing the document. She reported that on July 24th there will be an
Open House; on September 20th there will be a Community Workshop on
Implementation; and in October a presentation to the City Council. Ms. Jackson
noted that the group also participated in having a reception for the new Police
Chief at Terra Linda Recreation Center.
Ms. Jackson then reported on the Canal Voice project, stating that the conversation
part was completed recently, with over 300 people participating, and many
community volunteers helped to facilitate and record the discussions. They
formed four action teams, which Ms. Jackson described on the overhead: 1)
Farmers' Market, which hopefully will start in July and be at Pickleweed; 2)
Canal bridge and ferry (researching the possibilities; 3) Retail/Service Zoning
- people wanted more shopping opportunities; and 4) List of stores people would
like to see, new tenants in Marin Square.
Ms. Jackson stated they would like to allow some neighborhood -serving retail uses
in the industrial offices, which at present are not allowed in the General
Plan, but be close enough to allow people to walk to them. People are concerned
about parking, so they would like the stores within walking distance; they
would have to be on the ground floor. They are looking at a conservative time
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frame, and hope to have public hearings in August.
Mayor Boro noted that there is Lee's Market. He pointed out that in the past a
number of chains have looked at the site, and there is not enough market in
the Canal area for a chain store. He asked if we could expand Marin Square
rather than look for another site? Ms. Jackson responded that the stores going
in are locally
owned. Mr. Pendoley noted that the Azteca Market is locally owned and very
successful, and they now have a store Downtown and one at the Harbor Center.
The small business of that type just needs 1,000 square feet to get started.
Mayor Boro asked about a mall in the vicinity of Lee' s Market. Ms. Jackson responded
that the residents in the Canal west of Kerner Boulevard said it is too far
to walk to shopping. The market is a definite market, but people want to make
small purchases without having to take a bus to Thrifty, for instance.
Councilmember Cohen asked if the focus should be on trying to create a venue, or
let the small businesses open throughout the area? Perhaps a number of small
uses may point the way to a redevelopment project. He stated he realizes we
are not going to get a traditional market like Safeway, and perhaps we should
look at a small redevelopment project opening up a number of small spaces.
Ms. Jackson stated they drove around looking for a street where they could change
the zoning, and did not find one, but we would have to let the market decide.
If we change the zoning, the people will go there.
Commissioner Atchison stated we might want to include some thought process for filling
the industrial spaces. If we did that, we would have to allow businesses to
go somewhere else. Chair Batman suggested we might open up areas in the Canal
which would be appropriate.
Councilmember Miller stated this can be successful if there is even more input from
the community. The impact of Canal Voice is just beginning to emerge out there,
and will probably move slowly at first. The strategy to open up areas as
discussed is good. These market areas are minority-owned businesses. If we
could work with these markets and help them learn how to market their products
out there, they could move up readily without spending money on redevelopment.
He noted that the bowling alley is a huge piece of property, and the Pac Bell
area is also a site with possibilities. The concept is to make it an incubator.
Everyone is behind that concept. The major thing is if you find the common
value; bind the ties; do it from smaller places and people are not antagonistic.
He added we need to have someone who really knows community development to
give us help on this, and show us how to move ahead. He stated he does not
see that on our staff.
Mayor Boro agreed we need that, and once we have something more definitive maybe
we can see if we can get someone in. Chair Batman stated we need an analysis.
Mayor Boro pointed out there are the traffic and parking analyses, which are
important factors. Councilmember Cohen added a note of caution to be analyzed
very carefully in the zoning, in the matter of opening other opportunities
somewhere else in town. If we throw the zoning wide open it would be a disaster,
and we must think of locations for the industrial uses. He stated there are
sites where it could be done without a problem, such as the ones mentioned
by Councilmember Miller. That needs to be part of the analysis.
Commissioner Scott noted that the City' s focus would be helping the people misplaced
by the economic forces, rather than having store after store. Councilmember
Miller noted that the smaller businesses along Kerner Boulevard are being filled
up.
Mr. Pendoley pointed out we have to look at the priorities. He noted that ILM
(Industrial Light & Magic) has had a terrific impact - you cannot rent a building
in the entire area; they have options. Also, they are going to stay there.
Commissioner Starkweather suggested looking at the short term goals.
Ms. Jackson showed on the overhead that the Planning Commission was established
in 1959, and read its Mission Statement. She noted that the General Plan was
last updated in 1988. The population of San Rafael is now 53,427. She noted
that the State says a General Plan should be updated every 8 to 10 years.
She noted a number of General Plan revisions which have been adopted in the
interim, such as goals the Council set for itself, fiscal management policies,
and along range plan for Falkirk Cultural Center. These should be incorporated
in the next revision to the General Plan. Others should be the Land
Use/Circulation Element for North San Rafael, and the Housing Element, which
is due for revision by State law in 1999. It is almost time to update the
various neighborhood plans throughout San Rafael.
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Ms. Jackson concluded by stating that Mr. Pendoley will be giving a presentation
on Land Use/Circulation consistency.
A NEW LAND USE/TRAFFIC MANAGEMENT STRATEGY
Mr. Pendoley explained that City Manager Gould had asked for the paper which is
in the packets regarding new Land Use/Traffic Management strategy. One thing
it points up is that it is necessary to look at our General Plan right now.
He pointed out
that this is a focused review, and only on the Land Use and Traffic Management issues.
He stated there is a tangle of difficult and hard to understand regulations
with regard to these issues. Another concern is that in some cases we have
driven the allowed intensity to a low level, which is not responsive to our
economic development needs. We do not need the PPP (Priority Projects
Procedure) in order to
maintain LOS (Level of Service) D. He explained that three intersections are
involved in the PPP, the Lucas Valley/101, Freitas Interchange, and Bellam
Interchange. No further development is planned in the Lucas Valley/101
interchange service area except for the Daphne property. Mr. Pendoley referred
to the likely outcomes of the Vision for North San Rafael. He is confident
that proposed signalization of the Freitas Interchange will handle the build -out
that will be proposed by the North San Rafael Vision. Finally, on June 2nd
the Council will receive a proposed "fix" for traffic in East San Rafael that
will accommodate General Plan build -out without PPP.
Commissioner Starkweather agreed with the assessment of the PPP, stating that by
eliminating it, it would allow decisions to be made at any time, and not have
to wait for the next round of PPP.
Mayor Boro stated he agrees with the comments regarding North San Rafael, but he
is not sure about the Bellam Interchange. He stated we know we have a lot
of uses there, and if they happen and the untapped spaces are already
constrained, there might be a problem. It could work in the Canal where there
are spaces which could be filled. Mr. Pendoley explained that we have a much
more effective and understandable traffic model with seconds of delay instead
of critical moves. That will allow us to assess that problem.
Mayor Boro stated the real bottom line is, how are people reacting to traffic from
the Home Depot? He is told they are very successful and have a lot of traffic,
but the traffic seems to be flowing.
Councilmember Cohen stated one concern in this paper is a sentence on Page 2, which
states, "The problem stems from the very high priority given to managing
congestion and the approach taken to achieve this priority". He stated if
we have a new approach we should deal with that; his concern is with the first
clause, and that would put less priority on managing congestion. He noted
that quality of life is very important. We need to deal with congestion, and
should continue to make it a high priority. If we can deal with capacity on
paper and then deal with these, that is fine, but if we do not deal with traffic
congestion at the intersections we will have failed. He asked how staff
proposes to use this as a vehicle to fund the intersection improvements? He
noted regarding the Freitas Interchange, if we take the airport off the map
for development potential that is good, but if the Freitas Interchange is going
to cost $6 million, everyone will have to start thinking now where the money
will come from. He stated we could do it, but we should not leave future
concerns, and some future Commission or Council will have to turn their backs
on future development because of our actions.
Mr. Pendoley responded that under the present rules we cannot approve any more
development in East San Rafael until we build the intersection; this blocks
our ability to collect the fees that would build the improvements. He stated
that based on preliminary studies on Freitas, with taking the airport and COSTCO
off the map, with the signals as discussed by the Council, we have the capacity
to handle build -out. He asked as a hypothetical case, would they be interested
in a better office campus opportunity on the 10 acre Fairchild site? He stated
the City must consider whether it needs a timing policy or not. Would they
want to create more opportunity at a couple of other places in town? There
could be a simpler policy than PPP, such as "first come, first served".
Mayor Boro stated we have to think of the end result we want to achieve. Funds
at State and Federal level were available at the time for the Freitas project.
The money was tied up and that is when the LOS concept was developed. He
noted there is so much unused land in the Canal, but he does not know about
the "first come, first served" approach. We might get the wrong proposal.
Mr. Pendoley stated in this new modeling process that question might be answered.
Mayor Boro stated he hopes it is as user friendly as the one Public Works
Director Bernardi brought out last week.
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Councilmember Cohen mentioned the lap top system set up in Gerstle Park, which was
very successful. Regarding "first come, first served", he stated that as the
system is refined it would be appropriate for the City to use incentives.
The problem with PPP was the lack of incentives for office space for large
corporations. We should create an incentive for high tech office campuses.
He stated the community has a right to allocate traffic capacities. The office
campus versus COSTCO is a clear example. Clearly people would want an office
campus rather than a big box. It is valid for the City to do something other
than "first come, first served", but we should preserve the ability to do that.
Mr. Pendoley noted that some of the best results are obtained with incentives.
Hundreds of units of affordable housing and the Toys 'R Us complex resulted
from incentives in PPP. Height bonuses make Fair, Isaac possible. Those have
to be done cautiously and carefully. Chair Batman noted this could be the
focus of the General Plan update.
Commissioner Starkweather stated we have to have some time period in which you propose
and promote new development, rather than just "first come, first served".
There is a better way to do it than the PPP. Chair Batman asked if we will
be hearing more about this in the General Plan review, and Mr. Pendoley assured
her they will. Commissioner Atchison stated it would be helpful to have meeting
workshops as a Commission so they are ready when it gets underway.
5. Report on Code Enforcement
Mr. Pendoley introduced the new Code Enforcement Officer, Nimat Shakoor-Grantham,
whom he said had ten years experience in Gilroy. She is a Certified Building
Inspector. He then introduced Florie Robnette, who is bi-lingual and speaks
fluent Spanish, and is working the Canal area; and Dan Fink, formerly of the
Santa Rosa Police Department, who is working in the rest of San Rafael. Mr.
Pendoley noted the Issue Paper on Code Enforcement which is included in the
packets, and explains in detail the functions. He added Code Enforcement has
been understaffed for some time, and he is delighted to now have such an
experienced staff.
Ms. Shakoor-Grantham gave a detailed description of the Code Enforcement program,
and explained their ability to collect fines, which was a difficult problem
in the past. She explained the system of levying fines, and the system for
issuing citations. There will be a Hearing Officer as needed for the purpose
of conducting a hearing when it is necessary regarding a fine.
In response to a question regarding whether the administrative hearing would be
a public hearing, Mr. Pendoley explained it will be public, and it is up to
the Hearing Officer to decide whether anyone is allowed to testify.
Councilmember Miller stated he has had experiences with all three of the new Code
Enforcement staff, and he was impressed by their teamwork, thoroughness, and
evaluations.
Ms. Shakoor- Grantham related experiences with some of the apartment buildings they
have been inspecting in the Canal area, and explained how some of their complex
problems have ben solved.
Commissioner Williams noted there was one problem area which involved a number of
people living in crowded conditions and causing many incidents. Since Code
Enforcement visited the site, there are now just a few people living there,
and there are not more domestic violence calls.
Mr. Pendoley thanked the Council and Commission for this opportunity to discuss
the department's operations, and to introduce the new Code Enforcement Officer
and staff. He then proceeded to introduce the balance of the Planning staff
who were seated in the audience.
Councilmember Cohen thanked everyone, and stated he appreciates the work of the
Planning Commission, which is a necessary part of making the City the wonderful
place that it is.
There being no further business, the meeting adjourned at 9:45 PM.
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ROBERT J. PENDOLEY, Secretary
Clerk
For: JEANNE M. LEONCINI, City Clerk
APPROVED THIS
DAY OF
MAYOR OF THE CITY OF SAN RAFAEL
REGINA A. BUCHANAN, Deputy City
1997
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