HomeMy WebLinkAboutCC Resolution 14960 (San Rafael General Plan 2040, Downtown Precise Plan and Zoning Ordinances)1
RESOLUTION NO. 14960
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ADOPTING THE
DOWNTOWN SAN RAFAEL PRECISE PLAN (DOWNTOWN PRECISE PLAN)
WHEREAS, California Government Code Section 65300 requires every county and city in
California to adopt a General Plan for its long-range development, and further to periodically update that
plan to reflect current conditions and issues; and
WHEREAS, the City of San Rafael initiated an update of General Plan 2020 in 2017 in order to
move the planning horizon forward to 2040; and
WHEREAS, the General Plan Update provided an opportunity to review, strengthen, and update
long-range planning policies and programs, both on a citywide level and for sub-areas within the City;
and
WHEREAS, the San Rafael General Plan supports and encourages sub-area planning, including
neighborhood plans, precise plans, specific plans, and other plans that focus on particular subareas at a
finer level of detail than is appropriate or possible in a General Plan. The General Plan particularly
supports such plans in areas expected to grow and change, including Downtown San Rafael
(“Downtown”); and
WHEREAS, Downtown has been the focus of much of the City’s planning and development
activity over the last 40 years, and was designated a Priority Development Area by the City Council in
2009; and
WHEREAS, California planning law provides for the preparation of “specific plans” under
Government Code Section 65450 et seq. and further allows for the preparation of “precise plans”, which
are broadly defined as being similar to specific plans, but more loosely structured and focused on
coordinating public and private improvements in subareas of a city; and
WHEREAS, precise plans have been effectively used throughout California to accommodate
infill development, public realm enhancements, circulation improvements, economic development,
historic preservation, and revitalization, especially in downtown areas; and
WHEREAS, existing planning guidance for Downtown is provided by a 1993 document called
“Our Vision of Downtown San Rafael and Our Implementation Strategy,” (the “1993 Plan”) which does
not reflect current trends or conditions in many cases; and
WHEREAS, the 1993 Plan for Downtown was prepared prior to the arrival of SMART Rail
service in the city and further does not address contemporary issues such as climate change and sea level
rise, the loss of redevelopment dollars, increased homelessness and the urgent need for affordable
housing, and changes in retail shopping patterns; and
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WHEREAS, the 1993 Plan for Downtown did not cover the commercial area east of US
Highway 101, although this area is within the designated Priority Development Area and serves as an
important Downtown gateway and employment center; and
WHEREAS, other plans and programs affecting Downtown have been developed since 1993,
including the Canalfront Design Plan (2009), the Downtown Station Area Plan (2012), the Downtown
Parking and Wayfinding Study (2018), the Third Street Corridor Plan (2019), and various citywide
planning documents with specific recommendations for Downtown; and
WHEREAS, the City initiated a process in 2017 to develop “Good Design Guidelines” for
Downtown, engaging local architects and designers, since this issue was not fully addressed by the 1993
Plan or subsequent plans; and
WHEREAS, the City has not performed a comprehensive update of historic resources in
Downtown San Rafael since 1976-77. While an administrative update of the inventory was provided in
1986, data on historic resources is more than 40 years old in most cases, requiring costly historic resource
evaluations for many modernization and development projects; and
WHEREAS, existing development standards in Downtown are not fully aligned and may not
provide adequate flexibility, resulting in the need for exceptions and variances in many cases, and
additional costs and public hearings. In particular, current density limits make it difficult to achieve
allowable building heights in parts of Downtown; and
WHEREAS, more flexible zoning regulations and more design-focused standards would be
desirable for Downtown, both to expedite project approvals, respond to State law and regional housing
initiatives, and improve design quality; and
WHEREAS, the General Plan Update provided an opportunity for “economies of scale” to
prepare a new Downtown Plan concurrently with the General Plan, particularly with respect to
community engagement and compliance with the California Environmental Quality Act; and
WHEREAS, the City applied for a $500,000 grant from the Association of Bay Area
Governments/ Metropolitan Transportation Commission (ABAG/MTC) to replace the 1993 Plan with a
new “Precise Plan” for Downtown, and was awarded that grant in April 2018; and
WHEREAS, the City provided a 12 percent match to the grant using its General Plan
Implementation and Maintenance Fund, thereby providing a viable funding source for the Precise Plan;
and
WHEREAS, the City Council approved the issuance of a Request for Proposals (RFP) for
services on the General Plan and Downtown Precise Plan, and the City prepared a detailed work program,
issued an RFP, interviewed the top-ranked firms and selected the planning firm of Opticos Design to lead
the work; and subsequently entered into a Professional Services Agreement with Opticos, which was
approved on January 22, 2019; and
WHEREAS, the boundaries of the Precise Plan area were defined collaboratively with the
General Plan Steering Committee and set to cover a 265-acre area that extends from the Second/Fourth
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intersection on the west to Montecito Shopping Center on the east, and from the Mission Street corridor
on the north to First Street, Albert Park, and Mahon Creek on the south; and
WHEREAS, a comprehensive community engagement strategy was initiated for the Downtown
Precise Plan, including:
• Five meetings of the General Plan Steering Committee
• Downtown Visioning pop-up workshops in March and April 2019
• A three-day design charrette convened in a Downtown storefront in May 2019
• Brown bag lunch presentations on Downtown topics
• Focus groups with different stakeholder groups on Downtown issues
• An additional pop-up workshop at the Farmers Market in Summer 2019
• Presentations to the Planning Commission and the Citizens Advisory Committee on
Economic Development and Affordable Housing
• Presentations to the City Council
• Facilitated website discussion threads on Downtown issues
WHEREAS, a comprehensive inventory of historic resources was conducted for Downtown,
including data for 572 properties, a field survey of approximately 160 properties, and preparation of
California Department of Parks and Recreation (DPR) 523A and 523B forms for 36 properties; and
WHEREAS, a variety of existing conditions profiles were prepared for Downtown covering
economic conditions, demographic and housing conditions, transportation, infrastructure, and urban
design, and these profiles were bundled into a Downtown Profile Report, which was published in June
2019; and
WHEREAS, a Draft Downtown Affordable Housing and Anti-Displacement Strategy was
prepared in June 2019, identifying measures to incentivize affordable housing production and minimize
the displacement of lower income renters; and
WHEREAS, a Downtown Options Report was published in October 2019, including urban
design and transportation concepts for community discussion; and
WHEREAS, the City determined that the best way to achieve its objectives of improved design
quality and expedited infill development in the Downtown area was to replace traditional zoning districts
with new Form-Based Districts. A Form-Based Code was included as Chapter 9 of the Precise Plan; and
WHEREAS, an Administrative Draft Downtown Precise Plan was delivered to the City in May
2020, and discussed by a subcommittee of the General Plan Steering Committee in July and August 2020;
and
WHEREAS, revisions to the Administrative Draft were made and a Public Review Draft
Downtown Precise Plan was published in December 2020; and
WHEREAS, the Downtown Precise Plan was included in the “project” evaluated by the
Program-level Environmental Impact Report (EIR) for San Rafael General Plan 2040, and was covered in
a Scoping Session and Notice of Preparation on March 29, 2019; and
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WHEREAS, the Draft EIR for the Downtown Precise Plan and San Rafael General Plan was
published on January 7, 2021 and circulated for a 61-day review period closing on March 9, 2021; and
WHEREAS, responses to comments on the Draft EIR were provided and a Final EIR was
published on May 23, 2021, including these responses as well as edits to the Draft EIR; and
WHEREAS, the Planning Commission convened public hearings on the Draft Downtown
Precise Plan on January 12, January 26, and February 9, 2021; and
WHEREAS, comments received at those hearings and comments received through written
correspondence were duly considered, and responses to comments were provided, including information
on how the Precise Plan would be edited; and
WHEREAS, the Precise Plan provides policies and actions related to land use, transportation,
public realm, historic preservation, affordable housing, economic development, and implementation in
order to maintain Downtown as an active, thriving district of the City; and
WHEREAS, the Precise Plan includes text and diagrams specifying the location, distribution,
intensity, and extent of development; standards and criteria for new development, including standards for
historic preservation; and
WHEREAS, the Precise Plan would accommodate up to 2,200 new housing units, and
accommodate 2,020 additional jobs based on its land use designations; and
WHEREAS, the Precise Plan provides for new parks, green spaces, public plazas, and
streetscape improvements that encourage pedestrian activity and make Downtown a safer, more
comfortable place for walking and bicycling; and
WHEREAS, the Precise Plan carries forward the 1993 vision of a Downtown that is “alive after
five” with restaurants, entertainment, arts and culture, and housing; and
WHEREAS, the Precise Plan implements General Plan 2040, which identifies Downtown as
having significant opportunities for change and revitalization, including transit-oriented, walkable
development and mixed uses, and which includes a new “Downtown Mixed Use” Map designation that
replaces the six Downtown land use designations on the 2020 General Plan Map; and
WHEREAS, the Precise Plan was edited in Spring 2021 to reflect public comment, and brought
before the Planning Commission for consideration on June 29, 2021, and the revisions substantially
respond to the comments received; and
WHEREAS, on June 29, 2021, the Planning Commission approved Resolution No. 2021-05
recommending that the San Rafael City Council adopt the Downtown Precise Plan; and
WHEREAS, on June 29, 2021, the Planning Commission approved Resolution No. 2021-07
recommending that the City Council adopt conforming amendments to the Municipal Code and adopt the
Downtown Form Based Code as the zoning regulations for Downtown San Rafael; and
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WHEREAS, on July 19, 2021, the City Council certified the Final EIR for General Plan 2040
and the Downtown Precise Plan;
NOW THEREFORE BE IT RESOLVED that the City Council hereby finds and determines
that the above recitals are true and correct, and together with the Staff Report serve as the evidentiary
basis in part for the actions set forth below.
BE IT FURTHER RESOLVED that the City Council finds that:
1. The proposed Downtown Precise Plan is consistent with the goals and policies of San Rafael
General Plan 2040 and serves to implement the General Plan.
a. The Downtown Precise Plan will sustain and improve Downtown San Rafael as a safe,
attractive, convenient, well-maintained place to visit, shop, recreate, work, and live
(General Plan 2040 Policy NH-1.1).
b. The Downtown Precise Plan supports the General Plan 2040 guiding principle to
“Promote a Thriving Downtown,” and also supports principles of economic vitality,
opportunity for all, housing our growing community, mobility, and adapting to the future.
c. The Downtown Precise Plan is consistent with the General Plan Land Use Map and its
designation of the Precise Plan Area as a Downtown Mixed Use District. The heights
and intensities of development in the Precise Plan are consistent and compatible with the
heights and intensities described in General Plan 2040.
d. The Downtown Precise Plan implements Land Use Element policies relating to transit-
oriented development, mixed use development, and innovative housing types, and
Neighborhoods Element policies relating to Downtown’s economic success, Downtown
housing, Downtown employment, preventing displacement, public realm improvements,
context-sensitive design, Downtown’s historic resources, Downtown arts, Downtown
circulation and parking, and hazard resilience (Policies NH-1.2 through NH-1.12).
e. The Downtown Precise Plan uses the buildout projections cited in Table 4-1 of General
Plan 2040, including 2,200 housing units and 700,000 square feet of non-residential floor
space.
f. The design standards and guidelines in the Precise Plan are consistent with the policy
direction provided by the Community Design and Preservation Element, including Policy
CDP-2.2 (Downtown Urban Design) and other policies calling for enhanced gateways
(CDP-2.6), plazas and active public spaces (CDP-3.1), street furnishings (CDP-3.2),
landscaping (CDP-3.3, 3.4, and 4.10), street trees (CDP-3.5), wayfinding (CDP-3.7),
design guidelines (CDP-4.1), creative architecture (CDP-4.3), high-density design (CDP-
4.5), larger-scale buildings (CDP-4.7), and scale transitions (CDP-4.8).
g. The Downtown Precise Plan supports General Plan historic preservation policies,
including an updated inventory of historic resources, recommendations for new historic
districts and landmarks, preservation incentives, support for adaptive reuse of older
buildings and the maintenance of historic properties, and development standards to
protect the integrity of historic properties.
h. The Downtown Precise Plan supports conservation and climate change goals by
concentrating future development on urbanized land in a pattern that reduces dependence
on fossil fuel vehicles and facilitates walking, cycling, and transit use, and by
encouraging restoration of Mahon and Irwin Creeks.
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i. The Downtown Precise Plan supports safety and resilience goals by including provisions
for sea level rise and adaptation, especially along the San Rafael Canal.
j. The Downtown Precise Plan supports mobility goals by accommodating development in
a way that will reduce vehicle miles traveled, and by promoting safety and “complete
street” improvements on Downtown streets, and managing parking more efficiently.
k. The Downtown Precise Plan is aligned with General Plan 2040 goals and policies
addressing arts and culture, economic vitality, and equity, diversity, and inclusion.
l. The Downtown Precise Plan includes incentives for affordable housing production, and
measures to reduce the displacement of lower income households, and includes housing
opportunities to help the City meet its regional housing needs allocation for 2023-2031.
2. The proposed Downtown Precise Plan would support the public interest, health, safety,
convenience, and welfare of the community, because:
a. The Plan facilitates the production of housing, including affordable housing. The
elimination of FAR and density standards will remove a potential obstacle and encourage
higher density housing serving a variety of income groups.
b. The Plan establishes objective design standards for Downtown, with provisions that
support higher quality design and architecture and improved private and public space.
c. The Plan improves traffic safety and includes improvements that would reduce collisions
and injuries, especially for pedestrians and bicyclists.
d. The Plan encourages retail and local business uses, while also providing the flexibility to
respond to changes in the retail sector, and recent trends facilitating remote work.
e. The Plan includes height bonus provisions for projects that include community benefits
such as childcare, community meeting space, and publicly-accessible parking.
f. The Plan includes provisions for new public spaces and plazas, including improvements
to the gateway area around the Downtown SMART station and transit center.
g. The Plan encourages the protection of San Rafael’s historic resources and greater
awareness and appreciation of the city’s heritage.
h. The Plan envisions occasional closure of Fourth Street and long-term improvements to
Fourth Street as a civic space that serves multiple purposes, in addition to carrying
vehicle traffic.
i. The Plan strives to make Downtown a place where everyone feels welcome, and that is
accessible to all residents of San Rafael.
3. The proposed plan promotes development of desirable character, harmonious with existing
and proposed development in the surrounding area.
a. The Plan recognizes that Downtown is a unique part of San Rafael that requires special
standards, guidelines, and policy direction. The Plan includes a Form-Based Code that
has been specifically tailored to Downtown.
b. The Plan recognizes that Downtown provides unique development opportunities since it
is the heart of the City, its most densely developed area, is well served by transit, includes
a mix of historic and contemporary buildings, and has a number of underdeveloped and
vacant sites with the capacity to accommodate housing and employment uses.
c. The Plan facilitates the coordination of physical improvements across multiple parcels
and encourages lot consolidation to create more viable opportunity sites.
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d. The Plan includes upper story setbacks to reduce shading and building mass, add visual
interest, and maintain a pedestrian scale at the street level.
e. The area covered by the Precise Plan was selected to correspond to higher-density
residential and commercial properties and largely excludes low and moderate density
residential neighborhoods. In the few instances where such neighborhoods are included
within the boundary, the existing residential zoning is being retained.
f. The height limits and height bonuses established by the Precise Plan have been set to
reduce the potential for conflicts with lower density areas and step down along the
perimeter.
g. The Plan includes provisions for parking and traffic management that reduce impacts on
adjacent lower density neighborhoods.
h. The Plan includes a comprehensive inventory of Downtown’s historic properties and
identifies those eligible as individual and contributing resources. This information will
help protect the City’s heritage and ensure that new development is sensitive to historic
context.
BE IT FURTHER RESOLVED that any documents attached by hyperlink to this resolution will be
edited as necessary following adoption to incorporate the finally-approved documents, included related
addenda.
BE IT FURTHER RESOLVED that the San Rafael City Council adopts the Downtown Precise
Plan (Exhibit A).
I, Lindsay Lara, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and
regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael held on
Monday, the 2nd day of August 2021 by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Lindsay Lara, City Clerk
EXHIBIT A (by hyperlink): Downtown Precise Plan (Part One and Part Two)