HomeMy WebLinkAboutCD San Rafael General Plan 2040 and Downtown Precise Plan____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: July 19, 2021
Disposition: Resolution 14946
Agenda Item No: 7.a
Meeting Date: July 19, 2021
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community Development
Prepared by: Alicia Giudice, Community
Development Director
Barry Miller, Contract Project Manager
City Manager Approval: ______________
TOPIC: SAN RAFAEL GENERAL PLAN 2040 AND DOWNTOWN PRECISE PLAN
SUBJECT: (1) RESOLUTION CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT
(FEIR) (SCH #2019039167) PREPARED FOR THE SAN RAFAEL GENERAL PLAN
2040 AND DOWNTOWN SAN RAFAEL PRECISE PLAN
(2) REPORT ON THE UPCOMING REVIEW OF THE SAN RAFAEL GENERAL PLAN
2040 DOCUMENT AND THE DOWNTOWN PRECISE PLAN
RECOMMENDATION:
Staff recommends that the City Council approve the attached Resolution certifying the Final
Environmental Impact Report (EIR) for General Plan 2040 and the Downtown Precise Plan.
EXECUTIVE SUMMARY
This is the first of two public hearings scheduled to adopt General Plan 2040, the Downtown Precise
Plan, the Final EIR, and conforming amendments to the San Rafael Municipal Code. The Planning
Commission convened 10 public hearings on this item between September 2020 and June 2021 and has
approved resolutions recommending City Council adoption of all associated documents. Staff will provide
a presentation on the project at the July 19 hearing and highlight the changes made during the Planning
Commission review process. The City Council must hold a public hearing on the item and consider a
resolution adopting the Final EIR. The public hearing will be continued until August 2, at which time the
City Council is scheduled to consider resolutions adopting CEQA Findings and a Statement of Overriding
Considerations, General Plan 2040, and the Downtown Precise Plan. On August 2, the Council also will
consider ordinances adopting conforming changes to the San Rafael Municipal Code that implement the
Downtown Precise Plan.
This staff report provides a high-level summary of the documents presented for Council adoption. More
comprehensive information on the plans and key issues is contained in the Planning Commission staff
reports prepared for their hearings. Links to those reports are provided below:
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• Introduction and Overview of General Plan 2040 (Sept 15, 2020)
• General Plan 2040 Chapters 1-9 (includes a summary of the following Elements: Land Use;
Neighborhoods; Community Design and Preservation; Conservation and Climate Change;
Parks, Recreation, and Open Space; Safety and Resilience; Noise) (Oct 27, 2020)
• General Plan 2040 Chapters 10-14 (includes a summary of the following Elements: Mobility;
Community Services and Infrastructure; Arts and Culture; Economic Vitality; Equity, Diversity,
and Inclusion) (November 12, 2020)
• Responses to Initial Public Comments on General Plan 2040 (December 15, 2020)
• Introduction to Downtown Precise Plan (January 12, 2021)
• Introduction to Form-Based Code (January 26, 2021)
• Responses to Initial Public Comments on Downtown Precise Plan (February 9, 2021)
• Overview of Draft Environmental Impact Report (March 9, 2021)
• Summary of Comments on EIR and Final Revisions to General Plan 2040 (June 15, 2021)
• Summary of Comments on Downtown Plan/ Municipal Code Amendments (June 29, 2021)
In addition, the City Council received six progress reports on the General Plan 2040 and Downtown
Precise Plan in 2019-2021. The most recent progress report was delivered on April 5, 2021.
BACKGROUND:
General Plan 2040
Every city and county in California is required to prepare a long-range, comprehensive, general plan for
its future. San Rafael’s existing General Plan was adopted in 2004, with a horizon year of 2020. In 2017,
the City initiated a General Plan Update in order to move the Plan’s horizon forward from 2020 to 2040.
The General Plan 2040 was created over a three-year period that engaged hundreds of San Rafael
residents and businesses. A 24-member Steering Committee was created to guide the process, with 25
meetings convened between January 2018 and June 2020. The community was engaged through
workshops, surveys, web-based activities, and direct outreach to stakeholders and neighborhood groups.
The Draft 2040 Plan carries forward much of the content of General Plan 2020 but reorganizes and
updates the document to reflect changed conditions, new State laws, and new issues and priorities.
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.
General Plan 2040 consolidates some of the elements from General Plan 2020, while adding others.
Table 1 compares the two documents. The most important changes include the addition of an Equity,
Diversity, and Inclusion Element, the addition of climate change and resilience policies, the addition of a
“Framework” chapter that provides guiding principles for San Rafael’s future, and a major update of the
Neighborhoods Element. All elements of the Plan have been comprehensively updated except the
Housing Element, which is being updated now (2021-2022) in accordance with a schedule set by State
law.
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Table 1: “Elements” of General Plan 2020 and 2040
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 and Resilience (*)
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
General Plan 2040 retains the same basic structure for each Plan Element. The initial section of each
Element provides “existing conditions” information. This is followed by numbered goals, policies, and
programs. The goals are broad, aspirational statements. The policies provide general direction on day-
to-day activities. The programs indicate specific actions to be carried out to implement the policies. Many
of the programs are ongoing practices and operating procedures, but a few are new plans, initiatives,
activities, or capital improvements that may require future commitments of resources. The General Plan
has a 20-year horizon and some of its programs may not be implemented until later in the planning period
as resources become available. A report on General Plan progress is provided to the City Council
annually, and Plan updates and amendments may be considered as conditions change.
Maps and graphics are included throughout the document to communicate policies spatially or provide
background data. The Plan includes several appendices, including a Sea Level Rise Adaptation Report,
background data on noise and transportation, geotechnical report requirements, and an Implementation
Matrix identifying responsible parties and timing for key Plan programs.
As required by State law, General Plan 2040 includes a future Land Use Map. The Map uses 19 color-
coded categories to illustrate the land uses and densities (or intensities) permitted across the San Rafael
Planning Area. The Map provides the basis for San Rafael’s zoning map. Several changes to the category
definitions have been made through the General Plan Update and a number of categories on the 2020
General Plan Map have been merged. These changes will have minimal effects on the built environment
and are mostly administrative. A ”Sea Level Rise” Overlay has been added to the map indicating areas
that may be impacted by sea level rise by 2050.
General Plan 2040 is based on population and employment forecasts for San Rafael developed by the
Association of Bay Area Governments (ABAG) as part of Plan Bay Area 2040. The Plan accommodates
approximately 4,400 new housing units and 4,100 jobs between 2020 and 2040. This growth will largely
occur through reuse of previously developed and underutilized properties, with about half of the city’s
growth anticipated in the Downtown area. The Plan does not convert any previously designated
“greenfield” or open space land to urban uses.
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The policies and programs that form the core of General Plan 2040 were completed in May 2020,
following extensive input from the Steering Committee and San Rafael residents and businesses. The
Plan itself was published in October 2020. Planning Commission public hearings were held on
September 15, October 27, November 12, and December 15, 2020. Comments were received
throughout this period, and into early 2021. Staff identified and responded to more than 600 comments,
including those from the Planning Commission. The Plan was edited extensively to reflect public
comment, and a “redlined” draft was produced in May 2021.
A number of additional edits were made to the May 2021 draft prior to the Planning Commission’s final
hearing on the General Plan on June 29, 2021, including strengthening of tree protection language and
greenhouse gas reduction measures. On June 29, the Planning Commission adopted Resolution No.
2021-04 recommending that the City Council adopt General Plan 2040.
Downtown San Rafael Precise Plan (Downtown Precise Plan)
As part of the General Plan Update, the City prepared a more focused plan for Downtown San Rafael.
Downtown development is currently guided by a Downtown Vision Plan adopted in 1993 (the Vision was
previously incorporated into General Plan 2020). While the 1993 Plan had many positive outcomes, it is
28 years old and does not reflect Downtown’s current issues and potential.
Downtown was designated a Priority Development Area (PDA) by the City Council in 2009, recognizing
its potential for sustainable, transit-oriented growth and making it eligible for planning grants and
transportation investments. A number of studies and plans were completed between 2010 and 2020,
including the SMART Station Area Plan (2012), “Good Design Guidelines” recommendations (2017), and
the Downtown Parking and Wayfinding Study (2018). There are also Downtown-focused
recommendations in the Bicycle and Pedestrian Master Plan (2018), the Housing Element (2014), the
Climate Change Action Plan (2019), and the Third Street Rehabilitation and Safety Studies (2019-20).
Collectively, these plans and studies pointed to the need for a higher-level framework that updated the
1993 Plan and synthesized policies for Downtown into a forward-looking, cohesive document.
In 2018, the City received a $500,000 grant from ABAG/MTC to update the 1993 Plan. The grant also
covered an updated inventory of Downtown historic resources and new recommendations for
transportation, affordable housing, economic development, and climate resilience. The updated
Downtown Plan (called a “Precise Plan”) includes a Form-Based Code (FBC) for Downtown, which will
replace existing zoning regulations. There were “economies of scale” associated with doing this work
concurrently with General Plan 2040, including a combined EIR addressing the impacts of both projects
and a coordinated public outreach effort.
Like General Plan 2040, the Precise Plan has a 20-year planning horizon. Since it covers a smaller
geographic area than the citywide Plan, its focus is more granular. The area covered by the Precise Plan
is 265 acres, extending from the 2nd/ 4th Street intersection on the west to Montecito Plaza on the east,
and from Mission Avenue on the north to First Street/ Albert Park on the south. Much of this area falls
within the designated PDA (e.g., a one-half mile radius from the SMART Station). However, the Precise
Plan includes the West End Village, which is outside the PDA.
The Draft Downtown Precise Plan serves a number of functions:
• It is a policy document providing a 20-year vision for Downtown.
• It is a regulatory document intended for reviewing and permitting future development and changes to
existing buildings. It replaces many regulations and provisions of the San Rafael Municipal Code Title
14 – Zoning.
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• It incorporates design standards, which are typically in a separate document and advisory.
• It incorporates specific recommendations for improvements to streets and public spaces.
• It creates a predictable development review process to facilitate project streamlining.
• It helps the City meet its future housing needs by providing substantial capacity for new residential
development.
The document includes nine chapters, plus a glossary and technical appendices. Key chapters include
existing conditions, design principles, the Downtown “design vision,” historic preservation, and
transportation. The Plan also includes an affordable housing and anti-displacement strategy. Chapter 9
of the Precise Plan is the Form-Based Code (FBC). The Code includes a “Regulating Plan” (zoning map)
for Downtown, including new height limits and opportunities for height bonuses. The FBC creates new
districts that distinguish “Main Street” areas such as Fourth Street from “Neighborhood” areas such as
Fifth Avenue in the West End Village.
Upon adoption of the Precise Plan and Form-Based Code, residential density limits will no longer apply
in Downtown San Rafael. Development intensity will be guided by the height map, setback and parking
requirements, upper story step-back requirements, and the design standards of the Plan itself. The FBC
emphasizes the importance of public space (including streets) to the quality and success of Downtown.
It identifies specific improvements to make Downtown more pedestrian-friendly, including a new civic
plaza adjacent to the SMART station.
The Precise Plan was published on December 21, 2020. Planning Commission public hearings were
held on January 12, January 26, and February 9, 2021. Staff reports prepared for each meeting (see
page 2 of this report for links) provide additional detail on the content of the two plans, as well as public
comments and responses. Based on public comments received between January and May 2021, a
revised version of the Precise Plan was published in June 2021. On June 29, 2021, the Planning
Commission adopted Resolution 2021-05 recommending adoption of the revised Precise Plan by the
City Council.
Environmental Impact Report
The San Rafael General Plan 2040 and Downtown Precise Plan are collectively defined as a “project”
under the California Environmental Quality Act (CEQA). The project was determined to have the potential
for significant effects on the environment. As required by CEQA, a Draft Environmental Impact Report
(DEIR) was prepared. A Notice of Preparation was issued on March 29, 2019 and the Planning
Commission held a Scoping Session on April 23, 2019. The DEIR was published on January 7, 2021 with
a 61-day public review period closing on March 9, 2021.
The DEIR evaluated the impacts of adopting the General Plan 2040 and Downtown Precise Plan. The
General Plan does not entitle any specific development project on any specific site; rather, it creates
opportunities for future development based on Land Use Map designations and planning policies. Thus,
the DEIR is a “program” EIR, meaning it evaluates the cumulative effects of adopting a particular set of
policies over a 20-year period, rather than the impacts of approving a development on an individual site.
Essentially, the DEIR evaluates the impacts of incrementally adding roughly 4,400 housing units and
4,000 jobs across the San Rafael planning area over a 20-year period.
The DEIR found that adoption of the General Plan 2040 and Downtown Precise Plan may have
significant, unavoidable impacts on air quality, cultural resources, greenhouse gas emissions, and
transportation. The plans may have significant, but mitigable, impacts on biological resources, geologic
resources, hazards/ hazardous materials, and noise/ vibration. The Plan(s) would have less than
significant impacts on aesthetics, agriculture and forestry, energy, hydrology/ water quality, land use and
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planning, mineral resources, population and housing, public services and recreation, utilities and service
systems, and wildfire. A finding that an impact is “less than significant” does not mean that the issue is
not a concern. In almost all cases, the General Plan itself includes policies specifically intended to
address an impact, risk, or hazard. For example, the General Plan adopts the City’s Local Hazard
Mitigation Plan by reference, providing a stronger policy framework to reduce impacts associated with
wildfires, flooding, and earthquakes.
In some cases, the DEIR identified additional policies and programs to be added to the General Plan and
Downtown Precise Plan prior to their adoption. The May 2021 version of General Plan 2040 adds these
policies and programs, making the General Plan “self-mitigating” for most potential impacts.
A Final EIR incorporating the responses to comments was published on May 23, 2021. On June 15,
2021, the Planning Commission approved Resolution 2021-02, finding that the Final EIR was adequate
and met the requirements of CEQA. The Resolution recommends that the City Council certify the Final
EIR.
On June 29, 2021, the Planning Commission approved Resolution No. 2021-03, recommending that the
City Council adopt CEQA Findings of Fact, a Statement of Overriding Considerations (SOC), and a
Mitigation Monitoring and Reporting Program for General Plan 2040 and the Downtown Precise Plan.
The SOC identifies the economic, environmental, and social benefits that would occur through General
Plan adoption and concludes that these benefits outweigh the Plan’s potential significant, unavoidable
environmental impacts. The City Council will be asked to adopt a similar resolution on August 2, 2021,
making the same findings.
Amendments to the San Rafael Municipal Code (SRMC)
The Downtown Precise Plan is a regulatory document as well as a policy document. Its adoption requires
the adoption of two ordinances that amend the San Rafael Municipal Code (SRMC). On June 29, 2021,
the San Rafael Planning Commission adopted Resolution No. 2021-06 recommending that the City
Council adopt both ordinances.
Ordinance 1: Conforming Amendments to the SRMC
The first Ordinance repeals the existing 4SRC, CSMU, HO, 2/3 MUE, 2/3MEW, WEV and 5/M R/O
Downtown zoning districts and replaces them with a Downtown Mixed Use (DMU) district. A map of the
new DMU district is included in the Ordinance. All references to the former Downtown zones, which were
first established in 1993, are being removed from the SRMC, including related development standards,
use tables, parking requirements, height limits, limits on ground floor uses, and so on.
A number of amendments unrelated to the Downtown Precise Plan also are covered by this Ordinance.
These amendments are being paired with the Precise Plan amendments for efficiency’s sake, as they
would otherwise require a separate hearing and commitment of staff time and resources. They include:
• Implementation of Senate Bill 234 (2019), which prohibits the City from requiring a use permit for
large family day care homes. Elimination of the use permit requirement removes certain limitations
on day care homes serving 8-14 children. The City has been complying with SB 234 in practice
but has not formalized the change in its zoning regulations.
• Extension of the time limit for zoning permits (variances, use permits, etc.) from one-year to two
years, to recognize the length of time it may take to secure building permits or commence with a
project, avoid the need for extensions and align the Code with the City’s current practices.
• Elimination of “cannabis infused products” (an activity permitted by the zoning code in the
Commercial/Office and Industrial zones) from the Use Tables, and its replacement with “cannabis
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manufacturing,” which would be permitted only in industrial zones. This aligns the City’s zoning
regulations with existing State license categories and is more responsive to business needs.
Additional information on this change may be found on Page 11 of the June 29, 2021 Planning
Commission staff report.
Ordinance 2: Adoption of the FBC
The second Ordinance adopts Chapter 9 of the Precise Plan (the Form-Based Code for Downtown) as
the principal zoning regulation for Downtown San Rafael. Once adopted, the development standards,
requirements, procedures, and use tables in Chapter 9 will govern future land use and development
decisions within the Downtown area.
ANALYSIS:
This section of the staff report highlights the issues raised during the Planning Commission review
process. Most of these issues have been resolved through revisions to the Plans or discussions with the
Commission, but a few remain. General Plan 2040 and the Downtown Precise Plan are complex,
comprehensive, multi-faceted documents. Both plans have been thoroughly vetted and extensively
revised in response to public comment.
General Plan 2040
Approximately 30 comment letters on General Plan 2040 were received between October 2020 and May
2021, including letters from the Audubon Society of Marin, Responsible Growth in Marin, Sustainable
San Rafael, the Marin Conservation League, Sierra Club, San Rafael Heritage, Terra Linda Homeowners
Association, West End Neighborhood Association, and various individuals. Some of the issues raised
by these letters included tree removal requirements, wetlands protection, neighborhood character,
emergency access, fire safety, historic resources, parking, and traffic. There were also general
comments relating to the use of the word “should” vs “shall” in the Plan’s policies and the tension between
the Plan’s accommodation of growth and policies supporting neighborhood conservation. Residents and
community groups provided specific comments on Plan text and policies for Northgate Mall, Canalways,
the West End area, and the San Rafael Rock Quarry.
The Planning Commission did a chapter-by-chapter review of the General Plan 2040 during its Fall 2020
public hearings. Among the issues raised were the possibility of adding more metrics to the document,
highlighting interconnected Plan themes and concepts, further assessing the City’s vision for its economy,
providing more direct links to the related documents that implement General Plan policies, and
strategically editing the new Equity, Diversity, and Inclusion Element. One of the Commission’s
suggestions was that the Plan include a “call to action” to prepare a citywide economic development
strategy that aligned its social equity goals with its economic vitality goals. This has been added.
In response to public and Commission input, staff revised each element of the General Plan, along with
the introduction, framework, and appendices. New diagrams and figures have been added where
necessary. Mitigation measures from the General Plan EIR have been incorporated into the Plan in the
form of new policies and programs, particularly in the Conservation and Climate Change Element and
the Safety and Resilience Element.
The Conservation and Climate Change Element has been modified to respond to public comments on
trees, wildlife protection, and wetlands conservation. Additional historic preservation programs were
added in response to public comments and EIR findings. Minor revisions to the Mobility Element were
made in response to public comment. The Equity, Diversity, and Inclusion Element was revised in
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response to Planning Commission feedback. The Implementation Matrix (Appendix A) now identifies
metrics for each element so that progress on Plan implementation can be measured and tracked.
Public comment at the June 15 and June 29 Planning Commission meetings included continued requests
for stronger General Plan language on tree preservation (including protection of redwood trees and
“heritage” trees), stronger hillside protection policies, stronger wetlands conservation policies, and
greater vigilance in reducing greenhouse gas emissions to achieve the reduction targets in the City’s
2030 Climate Change Action Plan. Many other issues raised during the Fall 2020 Commission hearings
were resolved through edits made to the Plan during Spring 2021.
Downtown Precise Plan
Public comments on the Precise Plan fell into several categories, discussed below:
• A minor revision to the Precise Plan boundary was requested (and subsequently made) to add a
parcel at 1010 Grand Avenue, thereby keeping three parcels under common ownership within the
boundary and facilitating their future development.
• The method for calculating State-allowed density bonuses in the Plan area was clarified (since the
Precise Plan does not regulate density, it was unclear how bonuses for affordable housing would be
calculated).
• The Precise Plan offers height bonuses of 10 to 20 feet to projects including certain percentages of
affordable housing. The relationship between these bonuses and State density bonuses was
clarified. An applicant may use either the Plan’s height bonus or the State density bonus but may not
combine the two.
• The percentages of affordable units required to qualify for the Plan’s height bonus were lowered to
align with recent revisions to the Inclusionary Zoning ordinance and to facilitate housing development.
• The method for calculating allowable building heights on sloped sites was clarified.
• Standards for upper story additions to historic buildings and for new buildings adjacent to historic
buildings were revised in response to public comment.
• There was strong support for making 4th Street more pedestrian-focused, including redesigning the
street for more regular closures and public events.
• Requirements for solar access studies were requested (and subsequently added) for taller buildings,
with exceptions for projects including affordable housing.
• Miscellaneous edits to the text and specific urban design improvements were requested and made.
One of the issues regularly raised during the public hearings was allowable building height. Some
members of the Planning Commission and public supported taller heights while others expressed
concerns about shadows, visual impacts, and the character of Downtown. Most of these issues were
resolved, but there continue to be issues about height in the West End Village (at the triangle formed by
2nd, 4th, and Ida Streets) and in the area along the west side of US 101.
The only change to the height map resulting from these discussions was to allow for a 20’ height bonus
(rather than a 10’ bonus) on the south half of the block bounded by 5th Avenue, B Street, C Street, and
Mission Avenue. This was in response to a public comment received at the June 29, 2021 hearing.
As noted earlier, the Precise Plan included the first comprehensive field survey of Downtown’s historic
resources since 1976-1977. More than 572 properties were evaluated by the consultant team.
Approximately 160 of these properties received a more detailed assessment based on their age and
condition. A one-page profile sheet was prepared for each of these 160 properties, and approximately
90 were identified as potential historic resources. The inventory also identified two areas eligible as
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historic districts, including a “west” district in the vicinity of 4th and B Streets in the Downtown Core and
an “east” district along 4th Street between Court Street and Lincoln Avenue.
San Rafael Heritage provided extensive comments on the survey findings through the EIR process. The
EIR consultant’s architectural historian re-evaluated approximately 35 buildings that were surveyed by
the Downtown Plan consultant in 2019. A number of buildings were reclassified as a result of the
supplemental survey, more closely aligning the survey with San Rafael Heritage’s expectations.
Modifications also were made to the boundaries of the two eligible historic districts. Staff provided
additional outreach to property owners as part of this process, including a post-card mailing and a series
of webinars on the historic inventory and standards for eligible properties.
Draft and Final Environmental Impact Reports (DEIR/FEIR)
The City received 14 comment letters on the DEIR, plus oral testimony at public hearings. Comments
were received from Caltrans, the Transportation Authority of Marin, the Golden Gate Bridge Highway and
Transportation District, the California Department of Fish and Wildlife, Marin Audubon Society,
Ragghianti and Freitas (attorneys), the San Rafael Rock Quarry, Sustainable San Rafael, San Rafael
Heritage, and several individuals. Most of the comment letters requested clarifications or minor
corrections to the Draft EIR, or revisions to mitigation measures related to biological resource impacts
(wildlife and wetlands) and climate change.
As noted above, San Rafael Heritage provided extensive comments on the historic resources inventory.
Sustainable San Rafael expressed concerns about the DEIR’s conclusion of a significant unavoidable
impact on greenhouse gas (GHG) emissions and requested stronger mitigation measures to implement
the City’s Climate Change Action Plan. Most of the requested changes were made through the Final EIR
process. There continues to be advocacy for strengthening the City’s GHG reduction measures in
response to the climate crisis, and for stronger City protection of redwood trees and other mature native
trees.
Municipal Code Amendments
The Municipal Code Amendments were introduced at the Planning Commission meeting on June 29,
2021. As noted earlier in this report, the Planning Commission passed Resolution No. 2021-06 at that
meeting, recommending City Council adoption of these Amendments.
There were no public speakers on the Code amendments at the Planning Commission hearing.
Commissioner comments addressed the supplemental amendments on cannabis manufacturing and the
rationale for the proposed changes. There were no specific comments on the new Form-Based Code or
the associated Ordinances rescinding the former Downtown zones and adopting the new Code.
Next Steps
Adoption of the General Plan and Downtown Precise Plan requires City Council approval of four
resolutions and two ordinances. At the July 19 meeting, the City Council will be asked to consider the
first of the four resolutions, which certifies the Final EIR. The City Council will receive a presentation on
the General Plan/ Downtown Precise Plan and will have an opportunity for questions and discussion.
The July 19 public hearing also provides an opportunity for public comment on the General Plan, Precise
Plan, and EIR.
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On August 2, 2021, staff will return to the Council with the remaining resolutions and the two ordinances.
These resolutions adopt the CEQA Findings and Statement of Overriding Considerations, the General
Plan 2040, and the Downtown Precise Plan. The Ordinances adopt amendments to the Municipal Code
which will make the Precise Plan Form-Based Code the official zoning regulations for Downtown. The
two Ordinances will require a second reading on September 7, 2021.
COMMUNITY OUTREACH:
The General Plan 2040 and Downtown Precise Plan are the outcome of a three-year community
engagement process. As noted earlier in the staff report, this process included 25 meetings of a 24-
member Steering Committee; three community-wide workshops; numerous meetings with stakeholder
groups, homeowners associations and neighborhood groups; regular presentations to the City Council,
Planning Commission, and other City boards and commissions; “pop-up” workshops and displays
throughout 2018 and 2019; a project website and on-line engagement platform; Spanish language
workshops and interviews; on-line surveys; a youth engagement program; project-related videos and
webinars; and direct communication with hundreds of residents and businesses. In March 2020, City staff
adapted the community engagement process to reflect the constraints of the COVID-19 pandemic,
hosting on-line workshops and meetings through the remainder of 2020 and providing opportunities for
participation via Zoom and other platforms.
Additionally, the City Council’s adoption hearings were preceded by ten (10) noticed public hearings of
the San Rafael Planning Commission, convened on September 15, October 27, November 12, December
15, 2020; and January 12, January 26, February 9, March 9, June 15, and June 29, 2021. A public notice
of the July 19, 2021 City Council meeting was mailed to stakeholders, agencies and special interest
groups 15 days prior to the meeting date. Those noticed included, among others, all neighborhood
associations in the city, the San Rafael Chamber of Commerce, and members of the General Plan 2040
Steering Committee. Notice of this report was also placed in the Marin Independent Journal and was
provided to an email list of approximately 380 subscribers on July 2, 2021.
FISCAL IMPACT:
Funding for General Plan 2040 was apportioned from General Plan Revenue Fund #218. This fund
includes revenue for ongoing Plan implementation (the General Plan “Implementation Fee”), as well as
the General Plan update process (the General Plan “Maintenance Fee”). Collectively, these fees
represent a 1.219% surcharge on building permit fees. In addition, the City received a $500,000 grant
from the Association of Bay Area Governments/ Metropolitan Transportation Commission to prepare the
Downtown Precise Plan and Form-Based Code, including the updated historic resources inventory.
Adoption of the General Plan 2040 and Downtown Precise Plan will not have a direct fiscal impact on the
City, as these are long-range policy documents. Both plans are intended to produce long-term fiscal
benefits. The plans accommodate the organized, rational, and efficient growth of the city, including the
creation of new businesses and jobs, sustenance of the local economy, and provision of diverse housing
types. Both the General Plan and the Precise Plan support increased property values, sales tax
revenues, grant eligibility, and other long-term changes that will enhance future municipal revenue. The
Plans also establish funding priorities for City programs and services, provide an organizing framework
for the capital improvement program, and help shape the City’s annual budget. The General Plan
provides the long-range perspective on making San Rafael a thriving city.
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OPTIONS:
The City Council has the following options to consider regarding this matter:
1. Approve the resolution certifying the FEIR as presented;
2. Approve a modified version of the resolution certifying the FEIR;
3. Direct staff to return to the August 2 meeting with changes to the resolution or changes to the
Final EIR.
RECOMMENDED ACTION:
Approve the resolution as presented.
ATTACHMENTS:
1. Resolution Certifying the Final EIR for General Plan2040
LINKS:
• San Rafael General Plan 2040 (showing redlined changes made since October 2020)
• Downtown Precise Plan, including Form-Based Code- Part 1 and Part 2 (June 2021 Final Draft)
• Draft Environmental Impact Report – Part 1 and Part 2
• Final Environmental Impact Report
1
RESOLUTION NO. 14946
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL CERTIFYING THE FINAL
ENVIRONMENTAL IMPACT REPORT (FEIR) FOR THE SAN RAFAEL
GENERAL PLAN 2040 AND DOWNTOWN SAN RAFAEL PRECISE PLAN
(CASE NOS. GPA16-001; P16-013; ZO21-003; ZC21-002; ZC21-004) (SCH
#2019039167)
WHEREAS, every city and county in California is required to prepare a long-range
comprehensive, general plan for its future. San Rafael’s existing General Plan 2020 was
adopted in 2004 with a horizon year of 2020. In 2017, the City initiated a General Plan
Update (San Rafael General Plan 2040) in order to move the Plan’s horizon forward 20
years to 2040; and
WHEREAS, in late 2018, the City received a One Bay Area Grant to fund the
preparation of a focused Plan for Downtown San Rafael, the Downtown San Rafael
Precise Plan (Downtown Precise Plan), under the umbrella of the San Rafael General
Plan 2040. The Downtown Precise Plan was budgeted and scoped to include a “form-
based code” to regulate zoning for the Downtown Precise Plan area, replacing the existing
zoning and many of the existing zoning code regulations (SRMC Title 14, Zoning) that are
applicable to the Downtown area; and
WHEREAS, in Fall 2020, the City completed and released the Draft General Plan
2040 and the Downtown Precise Plan for public review. City staff prepared and released
accompanying amendments to the San Rafael Municipal Code (SRMC Title 14 – Zoning)
to establish a new zoning district for Downtown, and address and incorporate the
Downtown Precise Plan “form-based code;” and
WHEREAS, collectively, the San Rafael General Plan 2040 and the Downtown
San Rafael Precise Plan, as well as accompanying amendments to the SRMC Title 14,
Zoning are defined as a “project” under the California Environmental Quality Act (CEQA).
Therefore, environmental review is required; and
WHEREAS, as the project is subject to environmental review, on November 15,
2018, in accord with Public Resources Code Sections 5097.94, 21073, 21074, 21080.3.1,
21080.3.2, 21082.3, 21083.09, 21084.2 and 21084.3, including the directives of Assembly
Bill 52 (AB 52) and Senate Bill 18 (SB 18), the Community Development Department staff
sent an offer for tribal consultation to the representatives of the Federated Indians of the
Graton Rancheria (Federated Indians). Tribal consultation is required for all projects that
propose preparing a CEQA document. The purpose of the tribal consultation is to consult
with the local tribe representatives on potential impacts to Native American places,
features and objects described in the California Public Resources Code. The prescribed
30-day period was observed for the Federated Indians to respond to the offer for tribal
consultation; and
WHEREAS, on March 29, 2019, the City of San Rafael issued a Notice of
Preparation (NOP) that announced the initiation of the EIR process and solicited
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comments regarding the scope of issues to be included and studied in the EIR. The NOP
provided a 30-day review period for public comment. On April 23, 2019, the Planning
Commission held an appropriately noticed public scoping hearing on the NOP. The
Planning Commission directed staff to prepare an EIR for the Project pursuant to the
California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.) to
address the following issues: Aesthetics, Agricultural and Forestry Resources, Air Quality,
Biological Resources, Cultural and Tribal Cultural Resources, Energy, Geology and Soils,
Greenhouse Gas Emissions, Hazards and Hazardous Materials, Hydrology and Water
Quality, Land Use and Planning, Mineral Resources, Noise and Vibration, Population and
Housing, Public services and Recreation, Transportation, Utilities and Service Systems,
Wildfire, and a reasonable range of alternatives to the project; and
WHEREAS, per the CEQA Guidelines, the Draft EIR (DEIR) was prepared,
released, and circulated for a 61-day public review period beginning January 7, 2021 and
ending March 9, 2021 (State Clearinghouse # 2019039167). The Draft EIR incorporates
and is supported by technical studies and reports provided in Appendices A through I of
the document; and
WHEREAS, the DEIR incorporates and assesses the Year 2040 Buildout
Projections for households, residential units, total population, and employment. Further,
the DEIR concludes that buildout of the Plans would result in significant, unavoidable
impacts associated with Air Quality, Cultural Resources, Greenhouse Gas Emissions, and
Transportation. All other significant impacts identified in the DEIR were identified to be
mitigated to less-than-significant levels with implementation of mitigation measures
recommended in the DEIR; and
WHEREAS, on March 9, 2021, the Planning Commission held a duly noticed
public hearing to consider and accept comments on the DEIR. Based on written and oral
comments received from the public on the DEIR and its own review of the DEIR, the
Planning Commission directed staff to prepare a Final Environmental Impact Report
(FEIR) and respond to comments received on the DEIR; and
WHEREAS, pursuant to Public Resources Code Section 21091(d)(2)(A) and
CEQA Guidelines Sections 15088, 15089 and 15132, the City responded to all the
environmental comments that were submitted on the DEIR during the public review period
and a FEIR was completed; and
WHEREAS, on May 28, 2021, Notice of Availability for the FEIR/Response to
Comments, was mailed to responsible and trustee agencies, organizations, interested
persons and others including those persons and parties that provided written and oral
comments on the DEIR. In addition, on May 28, 2021, Notice of Availability was published
in the Marin Independent Journal; and
WHEREAS, the complete San Rafael General Plan 2040 and Downtown San
Rafael Precise Plan FEIR (FEIR) is comprised of: a) San Rafael General Plan 2040 and
Downtown San Rafael Precise Plan Draft EIR prepared by Placeworks, January 7, 2021;
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and b) FEIR/Response to Comments to Draft EIR prepared by Placeworks, May 21, 2021;
and
WHEREAS, the City intends that the FEIR, and all applicable mitigation measures
therein, shall be used as: a) the environmental documentation required by CEQA for
adopting the San Rafael General Plan 2040 and Downtown San Rafael Precise Plan; and
b) a Program EIR for all subsequent actions required to either implement these Plans and
for individual, site-specific development project review within the geographic areas
covered by these Plans; and
WHEREAS, the City is committed to vigorous implementation of all programs it
considers necessary to lessen impacts found to be significant and unavoidable, including
implementation of its Climate Change Action Plan to reduce greenhouse gas emissions in
order to achieve or exceed State climate goals; and
WHEREAS, on June 15, 2021, the Planning Commission held a duly noticed public
hearing on the FEIR/Response to comments and considered the FEIR along with the San
Rafael General Plan 2040 and Downtown San Rafael Precise Plan, accepting all public
testimony and the written report of the Community Development Department staff.
Following its discussion, the Commission approved Resolution 2021-02 recommending
City Council certification of the FEIR; and
WHEREAS, on July 19, 2021, the City Council held a duly noticed public hearing
on the proposed project, accepting and considering all oral and written public testimony
and the written report of the Department of Community Development; and
WHEREAS, the custodian of documents which constitute the record of
proceedings upon which this decision is based, is the Community Development
Department;
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby certifies the
FEIR, appended to this Resolution as Exhibit A, based upon the following findings required
by CEQA Guidelines Section 15090:
1. The Final Environmental Impact Report (FEIR), which consists of the Draft
Environmental Impact Report (DEIR) dated January 7, 2021, and the Response to
Comments Document dated May 21, 2021 has been prepared in accordance with
CEQA, including Public Resources Code Section 21083.3, and the provisions of the
City of San Rafael Environmental Assessment Procedures Manual.
2. The FEIR has been prepared and completed in compliance with the California
Environmental Quality Act (CEQA) Guidelines and the City of San Rafael
Environmental Assessment Procedures Manual by following the appropriate format,
content, technical analysis of the potential impact areas and project alternatives
identified in the initially authorized scope of work. Further, all prescribed public review
periods and duly noticed hearings were held for the project Notice of Preparation
(NOP), Notice of Completion (NOC) for public review of the DEIR and Notice of
Availability following publication of the FEIR.
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3. The City Council has exercised its independent judgment in evaluating the FEIR and
has considered the comments received during the public review period on the DEIR.
4. The FEIR reflects the independent judgment and analysis of the City of San Rafael
Community Development Department and City Council. The City Council has
reviewed and considered all information contained in the FEIR prior to taking action
on the San Rafael General Plan 2040, Downtown Precise Plan, and amendments to
SRMC Title 14, Zoning finding that the FEIR:
a) Appropriately analyzes and presents conclusions on the impacts of the project;
b) Analyzes a reasonable range of alternatives to the project that could feasibly attain
most of the basic objectives of the project while avoiding or substantially lessening
any significant effect of the project;
c) Identifies or recommends mitigation measures to substantially lessen, eliminate or
avoid the otherwise significant adverse environmental impacts of the project, and
d) Includes findings and recommendations supported by technical studies prepared
by professionals experienced in the specific areas of study, and which are
contained within the document and/or made available within the project file
maintained by the City of San Rafael Community Development Department, the
custodian of all project documents.
5. The information contained in the FEIR is current, correct, and complete for document
certification. As a result of comments submitted on the DEIR, the FEIR provides
responses to comments received on the DEIR and provides clarification to and
incorporates edits to the DEIR text. No significant new information has been added to
the DEIR that would deprive the public of meaningful opportunity to comment upon the
significant adverse environmental effect of the project or a feasible way to mitigate or
avoid such an effect that the City has declined to implement. Specifically, no new,
significant information is presented in the FEIR that would result in, disclose, or result
in following:
a) A new, significant environmental impact resulting from the project or a new
mitigation measure needed to implement a new significant environmental impact;
b) A substantial increase in the severity of the impacts that were disclosed and
analyzed in the DEIR;
c) Any new feasible project alternatives or mitigation measures considerably different
from others previously analyzed that would clearly lessen significant environmental
impacts of the project, but which the City refuses to adopt; and
d) A finding that the DEIR is so fundamentally and basically inadequate and
conclusory in nature that meaningful public review and comment were precluded.
6. The FEIR presents factual, quantitative, and qualitative data and studies, which find
and support the conclusion that the project will result in several potentially significant
impacts that necessitate mitigation. At the time the City considers action on the San
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Rafael General Plan 2040, Downtown Precise Plan, and amendments to SRMC Title
14, Zoning, it will be necessary to make complete and detailed findings pursuant to
Public Resources Code Section 21081(a) and CEQA Guidelines Section 15091(a).
For each significant effect identified in the EIR, the City will be required to make one
or more of the following findings:
a) That changes or alterations have been required in, or incorporated into, the project
which avoid or substantially lessen the significant environmental effect as identified
in the final EIR; that such changes or alterations are within the responsibility and
jurisdiction of another public agency and not the agency making the finding, and
that such changes have been adopted by such other agency or can and should be
adopted by such other agency;
b) That specific economic, legal, social, technological, or other considerations,
including provision of employment opportunities for highly trained workers, make
infeasible the mitigation measures or project alternatives identified in the FEIR;
and
c) As the project would result in several significant, unavoidable impacts, findings of
overriding consideration will be required. Such findings will require that the City
weigh the benefits of the project with the environmental impacts that cannot be
mitigated.
7. The City Council is taking an action to certify the FEIR for the project, recognizing it as
an informational document for assessment of the project. The CEQA Guidelines
recognize that an environmental document is prepared for public disclosure of
potential project impacts and that it is used as an informational document to guide
decision-makers in considering project merits. Certification of the FEIR, as presented,
would not result in a land use entitlement or right of development for a specific project
or site. When taking action on future development projects the FEIR document must
be reviewed to determine whether it adequately assesses the impacts of the project,
and whether the circumstances presented in Public Resources Code section 21166,
as amplified by its corresponding CEQA Guidelines Sections 15162 to 15163 are
present with respect to the project to determine whether: a) a Subsequent EIR, a
Supplement to the EIR, Addendum to the EIR, or a Negative Declaration will need be
prepared; or b) further environmental review under CEQA is not required. Certification
of the FEIR prior to consideration of and taking action on future development projects
does not prejudice or bias review or actions on the proposed development project.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing
resolution was adopted at a regular meeting of the City Council on the 19th day of July
2021.
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AYES: Councilmembers: Bushey, Hill, Kertz & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Llorens Gulati
LINDSAY LARA, City Clerk
EXHIBIT A (by hyperlink): FINAL ENVIRONMENTAL IMPACT REPORT