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HomeMy WebLinkAboutCED Marin Transit Potential Land Use in the Canal Neighborhood____________________________________________________________________________________ FOR CITY CLERK ONLY Council Meeting: October 21, 2024 Disposition: Accepted Report Agenda Item No: 8.a Meeting Date: October 21, 2024 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Community & Economic Development Prepared by: Micah Hinkle, Community & Economic Development Department City Manager Approval: ______________ TOPIC: MARIN TRANSIT POTENTIAL LAND USE IN THE CANAL NEIGHBORHOOD SUBJECT: INFORMATIONAL REPORT ON MARIN TRANSIT REQUEST FOR GENERAL PLAN 2040 CONFORMANCE DETERMINATION AND POTENTIAL LAND USE IN THE CANAL NEIGHBORHOOD RECOMMENDATION: Accept the report on Marin Transit Request for General Plan 2040 conformance determination and potential land use in the Canal neighborhood. BACKGROUND: Marin Transit has been searching for a suitable property to serve as a bus storage and electric charging facility for several years. The Marin Transit Board of Directors has discussed this issue in depth during multiple recent meetings, reflecting the agency’s ongoing efforts to address its operational needs. For further background, additional information is available here: https://marin.granicus.com/MetaViewer.php?view_id=31&event_id=3820&meta_id=1337215. After entering into a contract to acquire a large, centrally located Canal neighborhood property – 1075 Francisco Boulevard East -- Marin Transit requested the City’s Planning Director to make a general plan conformance determination as to the suitability of the property to house an electric bus charging and storage facility. After careful review, the City determined that Marin Transit’s proposed land use does not conform with the City’s General Plan 2040. On September 13, 2024, the City issued a letter to Marin Transit (Attachment 1), formally conveying this conclusion. ANALYSIS: Notwithstanding the City’s determination, Marin Transit is considering invoking their authority under Government Code §65402(c) to “overrule” the City. Section 65402(c) provides that a city’s general plan conformance disapproval may be overruled by a local agency thereby enabling them to acquire property despite a city determination that such acquisition would not conform to the general plan. The City understands the potential importance of this project to Marin Transit, yet the proposal raises concerns related to the Canal neighborhood, particularly in terms of land use compatibility, community involvement, equity, traffic, noise, and environmental impact. The General Plan 2040 seeks to preserve SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 community character and ensure land use decisions that promote the well-being of neighborhoods, which guided the City’s determination of non-conformance. While this project could advance Marin Transit’s operational goals, it raises significant concerns for the Canal neighborhood and the preservation of a key economic property in East San Rafael. Introducing a bus storage facility would negatively impact this key commercial corridor's economic sustainability and viability, which has been a focal point of economic development activity over the past 30 years. As background, the site has historically served as a key economic generator for the San Rafael community as the Dodge auto dealership provides job creation and revenue generation in one of San Rafael’s key business sectors. Through various economic cycles and years of environmental site clean-up and remediation, the dealership was demolished and acquired for hospitality development. In 2020, the City approved the site for a Hampton Inn and Home 2 Suites dual-brand hotel. Given its location, size, visibility, and development opportunity, this site is a key economic development site. The site is the gateway to the Canal Neighborhood and has a high visibility presence along East Francisco Boulevard and the Highway 580/101 interchange. The high visibility and size make it a highly desirable site for regional commercial and hospitality. The site is designated as Community Commercial Mixed Use in the San Rafael General Plan 2040. The designation is one of the few designations the City has for key economic land uses providing for jobs and revenue generation. The proposed Marin Transit use would be better suited in one of the City’s industrial designated sites that allow for the type, infrastructure, and intensity that is anticipated. Utilization of the site for industrial use would be a significant opportunity loss to deliver a regional service commercial use or hospitality that was envisioned and cultivated over the past 30 years. Additionally, equity concerns have surfaced, particularly if the community has not been adequately involved in the planning process. A lack of community engagement could deepen disparities in a historically underserved neighborhood, where land use decisions must reflect the voices and priorities of residents. The City has also adopted an Equity, Diversity, and Inclusion Element to General Plan 2040, which calls for “authentic and inclusive public participation” (Goal ED-1). Best practices in urban planning and design emphasize the importance of equity and inclusive decision-making, particularly in neighborhoods that have been historically marginalized. Engaging the community early and often in the planning process ensures that land use decisions align with the needs of residents and promote long- term benefits, such as improved economic opportunities and quality of life. Failure to do so can lead to projects that exacerbate existing inequities and undermine trust between local governments and the communities they serve. At this time, the City continues to engage in discussions with Marin Transit to explore alternatives that may better align with the General Plan and community values. However, if Marin Transit proceeds to overrule the City’s determination that the acquisition does not conform to the City’s general plan, the City’s ability to influence the project may be limited. The City’s primary interest is to ensure that the community is fully aware of and actively involved in discussions about this potential project. By engaging residents in the planning process, we can explore potential community benefits, such as job creation or improved public transit services, that a project like this could bring to the Canal neighborhood. Next Steps The City will communicate with Marin Transit regularly and work to identify solutions that address both their needs and community concerns. As discussions progress, updates will be provided to the City Council and the community. Staff will also monitor any action taken by Marin Transit under Government Code §65402(c) and keep the City Council informed of any further developments. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 FISCAL IMPACT: There is no fiscal impact associated with this item. It is for informational purposes only. OPTIONS: 1.Accept the report 2.Reject the report 3.Request staff return with additional information RECOMMENDED ACTION: Accept the report ATTACHMENTS: 1.City of San Rafael Letter to Marin Transit, September 13, 2024 Kate Colin, Mayor Vice Mayor Councilmember Maika Llorens Gulati, Councilmember September 13, 2024 Marin Transit Nancy Whelan, General Manager 711 Grand Ave, #110 San Rafael, CA 94901 Subject: Request for report on conformity with General Plan pursuant to Government Code Section 65402(c); 1075 East Francisco Boulevard The City of San Rafael is in receipt of your August 6, 2024 request for conformity with the General Plan pursuant to Government Code Section 65402(c) for the property located at 1075 East Francisco Boulevard. The request from Marin Transit requested that the City only consider the fact that Marin Transit was acquiring the property, and not consider any possible future use. However, Govt Code Section 65402(c) states in part that,A local agency shall not acquire real property for any of the purposes .. or construct or authorize a public building or structure, in any county or city, if such county or city has adopted a general plan or part thereof and such general plan or part thereof is applicable thereto, until the location, purpose and extent of such acquisition, disposition, or such public building or structure have been submitted to and reported upon by the planning agency having jurisdiction, as to conformity with said adopted general plan or part thereof. Therefore, staff is responding to this request in two parts: 1. The acquisition of the property, and 2. The potential future use of an electric vehicle bus charging and transit purposes. This is the potential use referenced in the request. It is possible that the acquisition of this property by Marin Transit could result in a use that is in conformance with the vision and intent of the San Rafael General Plan 2040 for this parcel. However, the use of an electric vehicle bus charging and maintenance facility would not be consistent with the adopted General Plan 2040 for the subject property. Kate Colin, Mayor Vice Mayor Councilmember Maika Llorens Gulati, Councilmember Adopted San Rafael General Plan 2040 Land Designation Mixed-Use Land Use categories. There are five mixed use categories in the city limits. The General Plan notes that each category allows both residential and non-residential uses. It further notes that other compatible uses, such as schools, childcare centers, parks, and religious facilities, may locate in each designation, subject to specific requirements codified through zoning. It does not note that an industrial use would be allowed in these designations. This parcel is designated as Community Commercial Mixed Use (21.8-43.6 units/net acre; maximum FAR 0.3) This designation is described as follows in the Land Use Element: This category corresponds to general retail and service uses, restaurants, automobile sales and service uses, hotels/ motels, and other commercial activities. Offices are also permitted, except where specifically precluded by General Plan policies. Mixed use projects that combine housing and commercial uses are encouraged. Projects that are entirely residential are permitted, although limitations may apply in certain zoning districts to ensure that adequate land is provided for activities generating sales tax, jobs, and local service opportunities. Areas with this designation include the Northgate Town Center, Merrydale Road area, and portions of Francisco Boulevard East and West. Town Center, Merrydale Road area, and portions of Francisco Boulevard East and West. The Neighborhood Element provides further guidance to what sorts of uses would be considered compliant with the vision of this parcel. It notes that it is part of the Canal District. On Page 4.4-The southern part of the Canal District includes a grid of streets facing Francisco Boulevard East. The area along Medway Road and Vivian Street is the commercial heart of the neighborhood, but it lacks cohesion, landscaping, lighting, and other amenities that create the sense of a neighborhood center. Many of the structures are inexpensive post-war metal buildings. The area could be reimagined with gathering places, pedestrian spaces, and safer connections to nearby residential areas. New models for community engagement will be needed to design and create a place that truly meets community needs. Care must be taken to keep rents affordable and not displace cost-sensitive service uses and small businesses.It specifically notes that, Francisco Boulevard East should be improved as a neighborhood gateway, with better sidewalks, signage, landscaping, and lighting. The Canal neighborhood is somewhat isolated from Downtown and the rest of the city and should be better connected by transit, sidewalks, and bicycle lanes. San Rafael Zoning Ordinance Z (Gov. Code 65860(d)). Therefore, staff is referencing the determine what were the intended uses identified in the Community Commercial Mixed Use designation. The site has a zoning designation of General Commercial and is described as a district that promotes a full range of retail and service uses in major shopping centers and certain areas of the city which have Kate Colin, Mayor Vice Mayor Councilmember Maika Llorens Gulati, Councilmember freeway or major street access and visibility. Residential use is allowed with a use permit. Offices are a conditional secondary use, for example, on portions of sites with poor retail visibility. Floor area ratio (FAR), trip allocation and design criteria vary throughout the district in response to specialized conditions recognized in the general plan. San Rafael Municipal Code Table 14.05.020 (Table of Allowed Uses in Commercial Districts) does not list an electric vehicle bus charging and maintenance facility at all. Any use not listed in this table is considered prohibited. However, under San Rafael Municipal Code Section 14.02.040 C - Zoning Regulations notes that where uncertainty exists regarding the interpretation of any provision of this title or its application to a specific site, the planning director shall determine the intent of the provision.Understanding that Marin Transit is seeking a location for a bus charging and maintenance facility, I would categorize that proposed use resembling the listed use,ublic and utility facilities (corporation, maintenance or storage yards, utility distribution facilities, etc. not allowed in General Commercial district, but is Land Use designations with permit review. In summary, staff has determined that the potential use of an electric vehicle bus charging and maintenance facility inconsistent with the applicable San Rafael General Plan 2040 Community Commercial Mixed Use land designation. It is staff's understanding that Marin Transit is still in early phases of due diligence for potential acquisition of this property and determining what the use of the property would be. City staff are available to meet and discuss potential uses that would be compliant with the site's General Plan and zoning designations. Should there be follow up questions, please do not hesitate to contact me and we can schedule a meeting. Sincerely, Micah Hinkle Community & Economic Development Director City of San Rafael 415-485-3460 micah.hinkle@cityofsanrafael.org C. Cristine Alilovich, City Manager