HomeMy WebLinkAboutPlanning Commission 2020-10-27 Agenda Packet
AGENDA
San Rafael Planning Commission
Regular Meeting
Tuesday, October 27, 2020, 7:00 P.M.
Virtual Meeting
(669) 900-9128
Meeting ID: 897-5534-1830#
CORONAVIRUS (COVID-19) ADVISORY NOTICE
In response to Executive Order N-29-20, the City of San Rafael will no longer offer an in-
person meeting location for the public to attend. This meeting will be streamed through
YouTube Live at www.youtube.com/cityofsanrafael. Comments submitted via YouTube Live
must be submitted according to the directions located on the YouTube video description.
The City is not responsible for any interrupted service. To ensure the Planning Commission
receives your comments, submit written comments to Alicia Giudice, Principal Planner
(alicia.giudice@cityofsanrafael.org), prior to the meeting. For more information regarding
real-time public comments, please visit our Live Commenting Pilot page at
https://www.cityofsanrafael.org/live-commenting-pilot/.
Want to listen to the meeting and comment in real-time over the phone? Call the telephone
number listed on this agenda and dial the Meeting ID when prompted. Feel free to contact
the City Clerk’s office at 415-485-3066 or by email to lindsay.lara@cityofsanrafael.org if you
have any questions.
Any member of the public who needs accommodations should contact the City Clerk (email
lindsay.lara@cityofsanrafael.org or phone at 415-485-3066) who will use their best efforts to
provide reasonable accommodations to provide as much accessibility as possible while also
maintaining public safety in accordance with the City procedure for resolving reasonable
accommodation requests.
Members of the public may speak on Agenda items.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
RECORDING OF MEMBERS PRESENT AND ABSENT
APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS
PUBLIC NOTIFICATION OF MEETING PROCEDURES
URGENT COMMUNICATION
Anyone with an urgent communication on a topic not on the agenda may address the
Commission at this time. Please notify the Community Development Director in advance.
CONSENT CALENDAR
1. Approval of the Planning Commission Meeting Minutes of October 13, 2020
Recommended Action – Approve as submitted
PUBLIC HEARING
2. Project: General Plan 2040
The Planning Commission will conduct its first public hearings on the Draft General
Plan 2040 on October 27 and November 12, 2020. The October 27 hearing will cover
Chapters 1-9 of the Draft Plan (now available for review at
https://www.sanrafael2040.org). The November 12 hearing will cover Chapters 10-14.
The purpose of each hearing is to receive initial public comments on the Draft Plan
chapters. Opportunities for public comment will continue at future hearings to be
convened in December 2020 and early 2021, concurrently with review of the Downtown
Precise Plan and a Draft Environmental Impact Report covering both projects. The
Commission is tentatively scheduled to take action on the 2040 General Plan in March
2021. The City Council will hold public hearings following Planning Commission action.
Case Nos. GPA16-001 & P16-013.
Project Planner: Barry Miller
Recommended Action – Accept report, provide feedback to staff and continue hearing
to Thursday, November 12, 2020
DIRECTOR’S REPORT
COMMISSION COMMUNICATION
ADJOURNMENT
Any records relating to an agenda item, received by a majority or more of the Commission
less than 72 hours before the meeting, shall be available for inspection online. Sign Language
interpreters may be requested by calling (415) 485-3066 (voice), emailing
Lindsay.lara@cityofsanrafael.org or using the California Telecommunications Relay Service
by dialing “711”, at least 72 hours in advance of the meeting. Copies of documents are
available in accessible formats upon request.
The Planning Commission will take up no new business after 11:00 p.m. at regularly
scheduled meetings. This shall be interpreted to mean that no agenda item or other business
will be discussed or acted upon after the agenda item under consideration at 11:00 p.m. The
Commission may suspend this rule to discuss and/or act upon any additional agenda item(s)
deemed appropriate by a unanimous vote of the members present. Appeal rights: any person
may file an appeal of the Planning Commission's action on agenda items within five business
days (normally 5:00 p.m. on the following Tuesday) and within 10 calendar days of an action
on a subdivision. An appeal letter shall be filed with the City Clerk, along with an appeal fee
of $350 (for non-applicants) or a $4,476 deposit (for applicants) made payable to the City of
San Rafael, and shall set forth the basis for appeal. There is a $50.00 additional charge for
request for continuation of an appeal by appellant.
Minutes subject to approval at the meeting of October 27, 2020
San Rafael Planning Commission
Regular Meeting Minutes
Tuesday, October 13, 2020, 7:00 P.M.
Virtual Meeting
(669) 900-9128
Meeting ID: 872-0645-4435#
CORONAVIRUS (COVID-19) ADVISORY NOTICE
In response to Executive Order N-29-20, the City of San Rafael will no longer offer an in-
person meeting location for the public to attend. This meeting will be streamed through
YouTube Live at www.youtube.com/cityofsanrafael. Comments submitted via YouTube Live
must be submitted according to the directions located on the YouTube video description.
The City is not responsible for any interrupted service. To ensure the Planning Commission
receives your comments, submit written comments to Alicia Giudice, Principal Planner
(alicia.giudice@cityofsanrafael.org), prior to the meeting. For more information regarding
real-time public comments, please visit our Live Commenting Pilot page at
https://www.cityofsanrafael.org/live-commenting-pilot/.
Want to listen to the meeting and comment in real-time over the phone? Call the telephone
number listed on this agenda and dial the Meeting ID when prompted. Feel free to contact
the City Clerk’s office at 415-485-3066 or by email to lindsay.lara@cityofsanrafael.org if you
have any questions.
Any member of the public who needs accommodations should contact the City Clerk (email
lindsay.lara@cityofsanrafael.org or phone at 415-485-3066) who will use their best efforts to
provide reasonable accommodations to provide as much accessibility as possible while also
maintaining public safety in accordance with the City procedure for resolving reasonable
accommodation requests.
Present: Chair Mercado
Commissioner Davidson
Commissioner Hill
Commissioner Lubamersky
Commissioner Previtali
Commissioner Samudzi
Commissioner Saude
Absent: None
Also Present: Raffi Boloyan, Planning Manager
Alicia Giudice, Principal Planner
Steve Stafford, Senior Planner
CALL TO ORDER
Chair Mercado called the meeting to order at 7:01 p.m. and invited Principal Planner Alicia
Giudice to call the roll. All commissioners were present.
APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS
None.
PUBLIC NOTIFICATION OF MEETING PROCEDURES
Chair Mercado invited Planning Manager Raffi Boloyan who informed the community the
meeting would be streamed live to YouTube and members of the public would provide
public comment either on the telephone or through YouTube live chat. He explained the
process for community participation through the telephone and on YouTube.
Chair Mercado reviewed the procedures for the meeting.
URGENT COMMUNICATION
None.
CONSENT CALENDAR
Chair Mercado invited public comment; however, there was none.
Commissioner Lubamersky moved and Commissioner Saude seconded to approve the
Consent Calendar.
1. Approval of the Planning Commission Meeting Minutes of September 29, 2020
Approved minutes as submitted
AYES: Commissioners: Hill, Lubamersky, Previtali, Samudzi & Saude
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: Davidson and Chair Mercado
Motion carried 5-0
PUBLIC HEARING
2. 1530 and 1534 Fifth Avenue
Request for a Use Permit and an Environmental and Design Review Permit to allow the
replacement and relocation of the aquatic center on the Marin Academy campus. The
project proposes to construct a new, 25-yard x 33-meter uncovered swimming pool, a
two-story 2,256 sq. ft. support building (restrooms, indoor and outdoor showers,
changing and office areas, mechanical equipment and chemical storage areas),
concrete decking, site lighting and landscaping, perimeter metal fencing and courtyard
walls, with a combined area of 18,737 sq. ft.; APNS: 011-195-05 and 011-201-017;
Fifth/Mission Residential/Office (5/M R/O) District; Marin Academy, owner; Mike Joyce
for Marin Academy, applicant; File No(s).: UP19-005 and ED19-006
Project Planner: Steve Stafford
Steve Stafford, Senior Planner presented the staff report.
Staff responded to questions from the Commissioners.
Applicant Team including Travis Brownley and Mike Joyce, Marin Academy and Scott
Shell, EHDD Architecture gave a presentation.
Applicant Team responded to questions from the Commissioners.
Chair Mercado declared the public hearing opened.
Speakers: Name withheld, Martha Olsen, Brad Sears, Juliette Farette, Marie Lyons,
Mona Couchman, Rob Rafeh, Graham Balch, Miya Schilz, Jason Lee, Bill Robison,
Mary Collie
Staff and Applicant Team responded to comments and questions from the
Commissioners
Commissioner Hill moved and Commissioner Davidson seconded to adopt the
resolution approving project, with changes presented by staff to revise CEQA
Categorical Exemption cited in Resolution to 15314 (rather than 15332) and to make a
modification to condition #34 to be inclusive to option of adjustment to lot line or
consolidate the lots
AYES: Commissioners: Davidson, Hill, Lubamersky, Previtali, Samudzi, Saude &
Chair Mercado
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
Motion carried 7-0
Resolution 20-21 – Resolution of the San Rafael Planning Commission Conditionally
Approving a Use Permit (UP19-005), and an Environmental and Design Review Permit
(ED19-006) to Allow the Replacement and Relocation of an Existing Aquatic Center with a
New 22.86-Meter X 33-Meter Uncovered Swimming Pool, a Two-story, 2,256 Sq. Ft.
Support Building (Restrooms, Indoor and Outdoor Showers, Changing and Office Areas,
Mechanical Equipment and Chemical Storage Areas), Flat Work (Concrete Decking), Site
Lighting and Landscaping, Perimeter Metal Fencing and Courtyard Walls, Bleacher Seating,
Public Address (PA) System and LED Scoreboard on Two Adjacent Downtown Parcels with
a Combined Area of 18,737 Sq. Ft. at 1530 and 1534 Fifth Avenue (APNS: 011-195-05 and
011-201-07)
DIRECTOR’S REPORT
Alicia Giudice, Principal Planner announced Planning Commission’s upcoming schedule:
• October 27, 2020 – First review of General Plan 2040
• Tuesday, November 17, 2020 (Special Meeting date) – Zoning Code amendments,
density bonus, affordable housing item
• Potential additional Planning Commission dates in December and January
She announced a scheduled Design Review Board meeting on Wednesday November 4,
2020 to weigh in on Design Review Board restructure and process
COMMISSION COMMUNICATION
None.
ADJOURNMENT
Chair Mercado adjourned the meeting at 8:29 p.m.
___________________________
LINDSAY LARA, City Clerk
APPROVED THIS _____DAY OF____________, 2020
_____________________________________
ALDO MERCADO, Chair
Community Development Department – Planning Division
Meeting Date: October 27, 2020
Agenda Item:
2
Case Numbers:
GPA16-001 & P16-13
Project
Planner:
Barry Miller, Consulting Project
Manager (415) 485-3423
REPORT TO PLANNING COMMISSION
SUBJECT: Public Hearing on Chapters 1-9 of Draft San Rafael General Plan 2040
The Planning Commission will conduct its first public hearing on the Draft General Plan 2040 on
October 27. The October 27 hearing will cover Chapters 1-9 of the Draft Plan (now available for
review at www.sanrafael2040.org). A subsequent hearing on Chapters 10-14 will take place on
November 12. The purpose of each hearing is to receive initial public comments on the Draft Plan
chapters. Opportunities for public comment will continue at future hearings to be convened in
December 2020 and early 2021, concurrently with review of the Downtown Precise Plan and a Draft
Environmental Impact Report covering both projects. The Commission is tentatively scheduled to
take action on the 2040 General Plan in March 2021. Case Nos.: GPA16-001 & P16-013.
EXECUTIVE SUMMARY
The City is initiating the public hearing process for General Plan 2040, the state-mandated document that
guides San Rafael’s long-term growth and development. General Plan 2040 will update and replace
General Plan 2020, which was adopted in 2004. Work on the General Plan Update began approximately
three years ago. The City has prepared an Environmental Impact Report (EIR) for General Plan 2040, to
be released in mid-November. A Downtown Precise Plan, also scheduled for release as a public review
draft in mid-November, has been prepared concurrently with the General Plan and is also covered by the
EIR. The October 27 hearing will only cover Chapters 1-9 of General Plan 2040. On November 12, the
public hearing will be continued to review Chapters 10-14. Subsequent public hearing on the EIR, and
the Downtown Precise Plan will occur later in 2020 and in early 2021. Public comments on Chapters 1-9
may continue be made at these hearings.
Chapters 1-9 of the General Plan include two chapters that provide the context for the General Plan
(Introduction and Framework), five elements that are mandated by State law (Land Use, Conservation,
Safety, Open Space, Noise) and two elements that are considered “optional” under State law
(Neighborhoods, Community Design and Preservation). Staff will provide a short overview of each
chapter at the hearing, focusing on changes between General Plan 2020 and General Plan 2040. These
changes have been vetted through a 24-member Steering Committee that met 25 times from 2018-2020.
Following staff’s presentation and an opportunity for clarifying questions from Commissioners, members
of the public will have an opportunity to address the Commission. The Commission will then have an
opportunity to discuss Chapters 1-9 individually, addressing any specific issues or questions with each
chapter. At the conclusion of the meeting, the public hearing will be continued to November 12, 2020, at
which time the Commission will review Chapters 10-14. Staff will then return with a follow-up of the entire
Draft Plan on December 15, 2020, to provide any updates, responses to questions or other follow up
requested by the Commission. The Commission will consider the Draft Plan, including the EIR and the
Downtown Precise Plan for final review and recommendation in March 2021.
REPORT TO PLANNING COMMISSION Page 2
Case No: GPA16-001 & P16-13
The Planning Commission is reminded that General Plan 2040 is not a “brand new plan,” but rather an
update of General Plan 2020. A considerable number of policies and programs have been carried
forward from the existing Plan. As needed, these policies and programs have been edited and updated
to reflect current conditions and priorities. New policies and programs have been added to address
trends, emerging issues, new State laws, and Steering Committee input.
RECOMMENDATION
It is recommended that the Planning Commission take the following actions, following the staff presentation
on General Plan 2040:
1. Open the public hearing on Draft General Plan 2040
2. Receive public comments and testimony
3. Discuss Draft Chapters 1-9
4. Accept report, provide feedback to staff and continue hearing to Thursday, November 12, 2020 for
further public testimony and discussion on Chapters 10-14
PROJECT BACKGROUND
General Plan 2040 Overview:
On September 15, 2020, Staff provided an overview of the General Plan Update program to the Planning
Commission. That report may be reviewed here. The presentation delivered to the Planning Commission
may be reviewed at this link and begins 1 hour and 17 minutes into the broadcast. Please review the
prior report (or presentation) for an overview of the planning process, including topics such as community
engagement, the EIR, and the Downtown Precise Plan.
As noted in the prior report, the General Plan is organized into “elements” or topical chapters. Eight
elements are required by state law, but San Rafael’s existing Plan also includes “optional” elements on
topics of local importance. A comparison of the elements in General Plan 2020 and the new General
Plan 2040 is provided below. Elements shown in blue will be discussed on October 27, while elements
shown in brown will be discussed on November 12:
General Plan 2020 General Plan 2040
Land Use (*) Land Use (*)
Neighborhoods Neighborhoods
Community Design Community Design and Preservation
Conservation (*) Conservation and Climate Change (*)
Air and Water Quality
Sustainability
Parks and Recreation Parks, Recreation and Open Space (*)
Open Space (*)
Safety (*) Safety (*)
Noise (*) Noise (*)
Circulation (*) Mobility (*)
Infrastructure Community Services and Infrastructure
Culture and Arts Arts and Culture
Economic Vitality Economic Vitality
Governance Equity, Diversity, and Inclusion (*)
Housing (*) Housing (*) –
(*) mandatory element
REPORT TO PLANNING COMMISSION Page 3
Case No: GPA16-001 & P16-13
Steering Committee and Prior Public Review of Goals, Policies and Programs:
In December 2017, the City Council appointed a General Plan 2040 Steering Committee, comprised of a
diverse cross-section of the community. Steering Committee members represent City boards and
commissions, neighborhoods, stakeholder and advocacy groups, and the community at large. The
Committee was convened 25 times between January 2018 and June 2020. Each meeting was three
hours long and included a robust discussion of draft policies and programs. One of the benefits of the
Steering Committee process is that the Draft General Plan 2040 policies and programs have already
been vetted and heavily edited to incorporate input from the Steering Committee. The purpose of the
Steering Committee was to serve as a sounding board, representing the wide-ranging interests in our
community with the goal of making sure that all viewpoints are heard and considered, while drafting
policy. The Steering Committee was not charged to vote or make a recommendation on the Draft Plan.
The Draft Plan represents a balance of competing interests
At the outset, the Steering Committee was advised that General Plan 2040 was intended to be an update
of General Plan 2020, and not a brand new Plan. As such, General Plan 2020 was used as a “baseline”
on which the updated Plan was developed.
The Steering Committee was initially presented with an “audit” of the existing policies in General Plan
2020, with staff suggestions for edits. Staff’s suggested edits reflected changed conditions, new or
updated data, best practices, incorporation of recent plans, and other factors. The audit took place over
a 9-month period in 2018-19, with one or more elements discussed at each Steering Committee meeting.
Committee members provided feedback at the meetings, and were given “homework” assignments to
provide feedback in writing using matrices listing the policies and proposed edits.
Staff incorporated Steering Committee comments into a revised set of goals, policies, and programs that
were presented to the Committee one element at a time at their meetings in 2019 and early 2020.
Committee members were asked to provide written comments on the proposed new goals, policies, and
programs during a 30-day window following each meeting. Comments were received and integrated,
resulting in a complete set of proposed 2040 goals, policies, and programs in May 2020. A
“compendium” of these goals, policies, and programs was presented to the Steering Committee and
posted to the project website at the end of May 2020.
Between May and July 2020, Committee members had another opportunity to comment on the goals,
policies, and programs. The public was also invited to comment, and several individuals and
organizations did so. These comments are incorporated in the Draft Plan.
Neighborhood Input:
The Neighborhoods Element of the Draft General Plan was updated through direct input from community
organizations and neighborhood residents. Staff developed an on-line survey specifically tailored to
HOAs and neighborhood associations, and subsequently reached out to these organizations with a
request to complete the survey. Direct phone calls, attendance at the regular meetings of these
organizations, and other follow-up actions ensured a high participation rate. Some of the neighborhood
associations even undertook their own surveys (or held their own workshops and committee meetings) to
complete the City survey. Ultimately, the City received direct input (completed surveys) from 19
neighborhood associations in Terra Linda, Mont Marin/ San Rafael Park, Rafael Meadows, Los
Ranchitos, West End, Sun Valley, California Park, Fairhills, Lincoln/ San Rafael Hill, Gerstle Park, Bret
Harte, Picnic Valley, Montecito, Loch Lomond, Glenwood, Peacock Gap, Canal, Spinnaker/ Bay Point,
and the East San Rafael Working Group. This allows the Neighborhoods Element to be highly reflective
of community input.
REPORT TO PLANNING COMMISSION Page 4
Case No: GPA16-001 & P16-13
Land Use Map:
As the Commission is aware, the General Plan Land Use Map has been updated as part of General Plan
2040. The Commission conducted a public hearing on the update on February 11, 2020. A link to the
staff report for that meeting is provided here. The primary Map changes relate to the consolidation of
several land use categories, rather than substantive changes that will change development entitlements
in San Rafael. For the most part, the Land Use Map carries forward existing designations. No further
changes have been made to the General Plan Map since the February 2020 Planning Commission
meeting.
Programs:
Each element of the General Plan is comprised of goals, policies and programs. Programs are the
mechanism through which the Plan’s policies are implemented over the 20-year timeframe of the Plan.
Programs identify 1) the steps that will be taken to implement a specific policy, 2) which Department(s) is
(are) responsible for implementation, 3) the timeline for implementation (short, medium, long term, or on-
going); and 4) the resources available for carrying out the program, such as staff time, grants, fees, etc.
Implementation of the General Plan is dependent on the City budget and availability of funds to take on
certain tasks.
In past General Plans, the responsible parties, timeline, and resources for each program have been
listed in the body of the Plan itself. Under State law, this level of detail is required in the Housing
Element but it is not required in the other Plan Elements. In fact, very few cities include this in the body
of their general plans, since funding sources and timelines change regularly and the Plan can become
quickly outdated as programs are completed or new funding sources become available. The updated
General Plan moves the implementation details to an Appendix. This will allow it to be monitored and
updated annually without a formal General Plan Amendment. It also packages the entire implementation
program in a single document, rather than having it scattered throughout the Plan.
ANALYSIS
This section of the staff report highlights the contents of General Plan Chapters 1-9.
Chapter 1: Introduction:
Chapter 1 explains the purpose of the General Plan, explains how to use the document, describes the
Plan’s relationship to other City plans and programs, summarizes the Plan Update process, and provides
an overview of the document’s contents. The Chapter includes a special “call out” that describes how
the COVID-19 pandemic impacted the Plan’s preparation and some of its recommendations.
The information communicated in this chapter is similar to the information communicated in Chapter 1
(Introduction) of General Plan 2020.
Chapter 2: Framework and Guiding Principles:
This is a new chapter of the General Plan that was not included in General Plan 2020. It is intended to
provide the context for planning and lay the groundwork for the Guiding Principles that appear at the end
of the chapter. The Guiding Principles were developed by the Steering Committee and define the major
themes of the Plan. The Framework chapter provides essential background data on San Rafael
(regional setting and history) and then addresses the “forces driving change” in the city. These “forces”
include demographics, equity, housing, land use, economic changes, transportation innovations, climate
change, technology, and fiscal constraints. This chapter also includes the household and employment
forecasts that underpin the Plan.
REPORT TO PLANNING COMMISSION Page 5
Case No: GPA16-001 & P16-13
Chapter 3: Land Use Element:
The three goals in this chapter are carried forward from Goals 1, 2, and 5 from General Plan 2020. The
Element begins with a profile of existing land uses in San Rafael and a discussion of key plan concepts
(Transit Oriented Development, Resilience, Growth Management, Complete Community, and
Neighborhood Conservation). The Land Use Map categories are defined and the General Plan Map is
presented.
Much of the policy content of General Plan 2020 has been carried forward, although policies have been
renumbered and retitled, and several new programs have been added. General Plan 2040 provides a
greater focus on the influence of climate change on land use patterns, including the idea of focusing
future growth Downtown and in other areas that are transit-served and more easily navigated on foot or
bicycle. A sea level rise overlay has been added to the Land Use Map. This Element carries forward the
existing Height Map and Floor Area Ratio Map from General Plan 2020 with no changes outside of
Downtown San Rafael. The Element also updates height bonuses for projects with community benefits
(affordable housing, etc.). Policies for neighborhood centers have been updated to encourage multi-
family housing and other new uses at these centers, recognizing flat or declining demand for retail space.
Chapter 4: Neighborhoods Element:
The Neighborhoods Element expresses local priorities and address the planning issues that are specific
to each neighborhood in San Rafael. It describes the important features of each neighborhood and
identifies the issues and priorities identified by residents through the General Plan’s community
engagement process.
In General Plan 2020, neighborhood policies were presented alphabetically by neighborhood. In General
Plan 2040, they are presented geographically, organized into five subareas. These subareas are
Downtown, Central San Rafael (the “ring” of neighborhoods around Downtown), Southeast San Rafael/
Canal, North San Rafael, and the San Pedro Peninsula. Policies and programs for incorporated
neighborhoods are presented first for each planning area, followed by profiles of unincorporated
neighborhoods. Whereas General Plan 2020 identified 30 neighborhoods, General Plan 2040 identifies
33. The total number of policies has been reduced; there were 167 policies in this Element in General
Plan 2020 and there are 90 in General Plan 2040.
Chapter 5: Community Preservation and Design Element
This Element has been reorganized into five goals: (1) A Beautiful City; (2) A Sense of Place; (3)
Attractive Streets and Public Spaces; (4) Quality Construction and Design; and (5) Protected Cultural
Heritage. Policies in General Plan 2020 have been re-distributed among these five goals, and new
policies and programs have been added to address issues raised by the Steering Committee and public.
The “Protected Cultural Heritage” goal was formerly in the Arts and Culture Element but has been moved
here since it deals primarily with the physical form of the city. Several new historic preservation policies
and programs have been added to the document.
This chapter carries over many of the General Plan 2020 policies, including those dealing with views,
gateways, corridors, landscaping, street furnishings, and protection of hillsides and natural features. It
adds new policies on waterfront identity, plazas and public spaces, street trees and tree replacement,
wayfinding and directional signage, architectural innovation, and scale transitions between buildings.
Policies from the 2020 Plan on public engagement in design review have been carried forward.
Chapter 6: Conservation and Climate Change Element
The 2020 Conservation Element covered wetlands, creeks, and habitat protection. Policies relating to
these topics have been carried forward and expanded in General Plan 2040, with new implementing
programs added. The 2040 Plan substantially expands the scope of the Conservation Element to
address topics that were formerly covered by the 2020 Air and Water Quality Element and the 2020
REPORT TO PLANNING COMMISSION Page 6
Case No: GPA16-001 & P16-13
Sustainability Element. Air and water quality policies have been transferred into this element under a
new air quality goal and a new water quality goal. These policies have been strengthened and expanded
based on input from the Steering Committee and incorporation of best practices.
As the title of this element implies, this Element includes a greater focus on Climate Change. It adds
new policies derived from San Rafael’s 2019 Climate Change Action Plan, as well as the former
Sustainability Element. Goal 4 of the Conservation Element deals specifically with energy conservation
and renewable energy, as well as sustainable construction and design. Goal 5 deals specifically with
greenhouse gas reduction and expresses the City’s commitment to maintain and update a climate action.
It includes a Climate Change “crosswalk” that explains how other elements of the General Plan support
GHG reduction targets.
Chapter 7: Parks, Recreation, and Open Space Element
The 2020 General Plan included a separate Parks and Recreation Element and Open Space Element.
Because most of San Rafael’s open space is publicly owned and defined as parkland, these are combined
in a single element in General Plan 2040. This creates a stronger and more integrated policy platform for
managing and maintaining San Rafael’s parks and open spaces.
While many of the policies in this element are derived from General Plan 2020, there are some important
changes and new additions. This includes a park classification system, an increase in the City’s park
acreage service standard from 3 acres per 1,000 residents to 4 acres per 1,000 residents, and a stronger
focus on equity as a factor in guiding park improvements and investment. The Element also includes a
stronger focus on joint use of school properties for recreation, leveraging private investment for public
benefit, and encouraging sustainable park operations. A new goal has been added for recreational
programming, with policies added to create inclusive programs that meet the diverse needs of San
Rafael’s residents. The open space policies from General Plan 2020 are generally carried forward, but
there is a stronger emphasis on managing existing open space rather than acquiring new open space.
Issues such as wildfire prevention, habitat management, illegal encampments, and environmental
education are among the open space management issues that are covered.
Chapter 8: Safety and Resilience:
Almost all of the content of the General Plan 2020 Safety Element has been carried forward to General
Plan 2040. However, the Element has been reorganized and expanded. General Plan 2020 had a
single goal (A Safe Community) followed by 40 policies covering a variety of topics. General Plan 2040
has six separate goals, each followed by topical policies (with 38 policies in total). General Plan 2040
integrates policies from several initiatives over the last five years, including the 2017 Local Hazard
Mitigation Plan, the 2019/20 Wildfire Prevention and Protection Action Plan, and the BayWAVE
evaluation of sea level rise hazards. Relative to prior plans, General Plan 2040 includes an expanded
focus on climate-related hazards, particularly sea level rise and wildfire.
The five goals in this element are (1) A Safer, More Resilient City; (2) Resilience to Geologic Hazards;
(3) Resilience to Flooding and Sea Level Rise; (4) A Fire-Safe Community; (5) Protection from
Hazardous Materials; and (6) Emergency Preparedness. The first goal includes a new policy addressing
public health emergencies and pandemic response, as well as a carry-over of existing policies and
adoption of the Local Hazard Mitigation Plan. The second goal carries over existing policies (including
the geotechnical study requirements) but adds a new program on soft-story building retrofits. The third
goal introduces new policies and programs focused on sea level rise adaptation, including a
recommendation to prepare an Adaptation Plan following General Plan adoption. Two new sea level rise
analysis reports are included as appendices to the General Plan.
Some of the policies that were formerly in this Element (those dealing with police and fire services) have
been moved to the Community Services and Infrastructure Element of the General Plan (Chapter 11).
REPORT TO PLANNING COMMISSION Page 7
Case No: GPA16-001 & P16-13
Chapter 9: Noise
Most of the content of this chapter is carried forward from General Plan 2020. The primary change is
that the Noise Compatibility Guidelines in the prior plan have been replaced with new guidelines based
on the State Office of Planning and Research’s 2017 General Plan Guidelines. There are also a number
of new or modified programs addressing specific sources of noise, such as a “quiet zone” policy for train
horns.
CORRESPONDENCE
Correspondence included from Shirley Fischer dated 10/21/2020
ATTACHMENTS
While there are no attachments to this Staff report, General Plan 2040 is available for review on line at
www.sanrafael2040.org. (click on the “General Plan Documents” tab when the site opens).
October 21, 2020
San Rafael Planning Commission
1400 Fifth Avenue
San Rafael, CA 94901
Re: Draft General Plan 2040 Conservation Element
Dear Planning Commissioners,
The Conservation and Climate Change Element of General Plan 2040 is a very welcome expansion of the
Conservation Element in General Plan 2020. This element recognizes the array of wildlife that live in San Rafael
and the ecosystems that support them, demonstrating San Rafael’s understanding of the balance of human and
wildlife habitats that enhances our quality of life and is a unique part of San Rafael’s identity.
The Conservation Element sets goals of protecting and restoring the natural environment, but it lacks detail on
how this can be accomplished, particularly as human population and pressures to expand the built environment
increase. Without specific plans on how to preserve this balance of human habitat and wildlife habitat, this
unique partnership will diminish as San Rafael grows and as the climate changes. San Rafael has been a leader
in many other areas of City planning. It is now time for the City to show leadership in identifying and planning to
accommodate the needs of its wildlife residents.
I would like to offer the following comments support the following additions to General Plan 2040.
Goal C-1: Supporting Our Natural Communities Protect, restore, and enhance San Rafael’s environment and
natural communities (p. 6-6, pdf 202)
a. Add a policy and program items to create a Wildlife and Ecosystem Master Plan in
collaboration with County, State, private landowners, and other stakeholders. This Master
Plan should include an analysis of the habitat and wildlife corridor needs of each of the major
species identified in the San Rafael Planning Area, identification of priorities for conserving and
enhancing necessary habitat and corridors and mitigating wildlife-human conflicts, and action
items for implementing these priorities.
The Plan should include consideration of flora, insects, reptiles, and amphibians as well
mammals. Some of these creatures also have direct impacts on human residents. It has been
reported that we have much less Lyme disease here as compared to New England because of
the larger number of fence lizards and large predators that live here. *
b. Add a policy and program items for managing the Wildlife-Human Interface. This policy will
recognize how wildlife literally live in our backyards and identify measures for coexistence and
reducing conflicts. Programs can include private and public education programs about
characteristics of animals living around us and ways to coexist (for example, the successful “Co-
existing with Coyotes” series) and also about the need to modify some human behavior (for
example, keeping pets out of sensitive habits and protecting predators by not using
rodenticides).
c. Urban Development and Ornamental Landscaping (p. 6-3, pdf 199 and p. 6-5, pdf 201)
Table 6-1 lumps together “Urban” and “Barren” in the same “Vegetative Cover/Habitat Type”
category. This is unfortunate and erroneous. Suburban areas, particularly those close to open
space or parks such as much of Terra Linda, host many wild animals beyond those such as deer,
racoon, skunk, and coyote that have adapted to living with humans. At the bottom of this letter
are photos of a few other wild animals that have passed through my backyard or close to my
neighborhood. The presence of these animals among us may be due to expanding animal
populations, disruption of natural habitats, necessary movement corridors, or other causes.
Finding out why these animals and other wildlife are in our communities and what is needed to
maintain their populations would be a major focus of the Wildlife and Ecosystem Master Plan.
Developing a plan to manage the Human-Wildlife Interface is needed to decrease potential
conflicts and protect both wildlife and humans.
1) The description of areas of urban development in this section needs to acknowledge the
existent of a larger variety of wildlife living in or passing through urban areas.
2) The “Urban” category in Table 6-1 needs to be changed, perhaps to “Urban/Other”.
d. Wetlands (p. 6-6, pdf 202) This Element needs to acknowledge the importance of adjacent
upland habitat in the descriptions of Wetlands habitat and accompanying policies and program
items. During storms and high tides, creatures that live in wetlands seek refuge in adjacent
upland areas when their wetland homes are flooded. Preservation of adjacent dry upland areas
is a critical part of wetland preservation. These areas must not be converted to built spaces,
parking lots, or other uses that render them unusable by sensitive species and other wetland
creatures. This need to be considered in Wetlands Protection and Mitigation policies (p. 6-7,
pdf 203) and also in planning for individual developments, such as Canalways (p. 4-48, pdf 129)
Thank you for consideration of these recommendations.
Sincerely,
Shirley Fischer
San Rafael, CA 94903
*Bay Nature, Spring 2020, p. 29-33.
Gray foxes 2014 Great Blue Heron 2015
Cooper’s Hawk 2017
Bobcat 2020
Wild turkeys 2019
Mountain lion on Loma Alta ridge between Terra
Linda and Lucas Valley (small figure in middle on
ridge on the horizon) 2012