HomeMy WebLinkAboutCC Resolution 13212 (General Plan 2020 Amendments)RESOLUTION NO. 13212
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AN
AMENDMENT TO THE SAN RAFAEL GENERAL PLAN 2020 ADOPTING: A) AN
UPDATE OF THE HOUSING ELEMENT (5 -YEAR UPDATE); B) A NEW
SUSTAINABILITY ELEMENT; C) AN AMENDMENT TO CONSERVATION
ELEMENT POLICY CON -3 (WETLAND PRESERVATION); AND
D) ELIMINATION OF THE CITY'S PROJECT SELECTION PROCESS (PSP)
GPA11-001
The City Council of the City of San Rafael finds and determines that:
WHEREAS, on November 14, 2004, the City of San Rafael adopted Resolution Nos.
11664 and 11665 certifying the San Rafael General Plan 2020 Final Environmental Impact
Report (General Plan 2020 FEIR) and adopting the San Rafael General Plan 2020 (General Plan
2020). Concurrent with the adoption of the General Plan 2020, and consistent with General Plan
2020 Policy LU -3 and Program LU -3a (Project Selection Process), the City Council adopted
Resolution No. 11666 establishing procedures for a citywide Project Selection Process (PSP); and
WHEREAS, The General Plan 2020 is comprised of numerous elements, sections and
supportive background data, including, among others the following:
1. A Housing Element, which is required by State law. California State Resources Code Section
65588 requires that local agencies periodically review and update its Housing Element. The
following adopted General Plan 2020 Housing Element programs acknowledge and address
this required periodic review:
H -la. Annual Housing Element Review. Provide and annual assessment of housing
element implementation through annual review of the General Plan 2020. Provide
opportunities for public input and discussion, in conjunction with State requirements.
H -5a. Housing Element Update. Undertake housing element updates as required by
law or generally every five years.
2. A Conservation Element, which includes strict wetland protection policies and programs.
Among the Conservation Element policies and programs is Policy CON -3 (Unavoidable
Filling of Wetlands), which discourages the filling of wetlands. Policy CON -3 was re-
structured as part of the General Plan 2020, replacing a previous wetland protection policy
from the 1988 San Rafael General Plan 2000.
WHEREAS, since the 2004 adoption of the General Plan 2020, the City has adopted
numerous amendments to the Plan consistent with the provisions of State Government Code
Section 65358. The State law recognizes that the General Plan is intended to be amended
periodically in that over time: a) there are changes in conditions and circumstances; b) changes in
regulations and laws; and c) that community goals and policies evolve. Further, as goals and
policies are tested through interpretation implementation, it is not uncommon that they are revised
or amended to improve their application. Accordingly, General Plan Amendment GPA11-001
was initiated by the City to address the following activities and actions:
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A. Amending the Housing Element
As discussed above, California State Resources Code Section 65588 requires that local
agencies periodically review and update its Housing Element. Further, a 5 -year update is
required by General Plan 2020 Programs H -la and H -5a. Amendments to the Housing
Element text and supportive Background Report have been prepared. The key changes are
summarized as follows:
1. Housing goals and strategies are expanded to reinforce land use patterns that support
lifestyles that will reduce reliance on carbon -based transportation. Some policies and
programs are expanded to address standards and tools for promoting housing around
the Downtown and Civic Center transit hubs.
2. The time frames for implementing certain Housing Element programs have been
updated and revised.
A number of element policies and programs are proposed for amendment to expand
sources and resources for housing subsidies, grants, trust funds and alike.
4. A new Program H-llf is proposed to require applicants/developers to provide
relocation assistance for low-income residential unit renters displaced by new
development.
Existing Program H -16d (Emergency Shelters) and new Program H -16e (Transitional
and Supportive Housing) are amended and added, respectively, to respond to the
State mandate of SB2 (zoning obligations to accommodate housing for the
homeless).
6. New Program H -18c is proposed to encourage the use of the CEQA Guidelines
exemptions for in -fill residential development, whenever possible and appropriate.
An amendment to Program H -18g (Revisions to Parking Standards) is proposed to
increase flexibility in parking requirements for housing developments.
Existing Program H -22a (High Density Infill Housing Near Transit) and new
Program H -22b (Station Area Plans) are amended and added, respectively, to address
housing for the Downtown and Civic Center SMART station area plans.
New Programs H -25d (Required Parking for Second Dwelling Units), H -25e (City
Fees to Reduce Second Dwelling Unit Costs) and H -25f (Detached Second Dwelling
Unit Stock Plans) are proposed to study ways for increasing the stock and reducing
the costs of second dwelling units.
10. Some programs are proposed to be deleted because they have been: a) implemented;
b) replaced or are obsolete; or c) deleted due to funding cuts.
11. The Housing Element Background Report (General Plan Appendix B) has been
revised to incorporate updated data on population, housing, incomes; household
characteristics; and SB2 requirements. This report has been reorganized to match the
$fate, of California Department of Housing and Community Development (HCD)
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format. Further, the list of housing sites in this report have been updated to
consistent with state laws, specifically listing sites that are presently zoned or planned
to accommodate residential land use offering densities of up to 30 dwelling units per
acre.
In addition to the above, the Housing Element Update includes a number of general and
grammatical edits to text. The Housing Element Update does not result in as of the
following:
➢ Changes to the adopted residential land use designations or their respective density
parameters
➢ Changes to the adopted land use designations for individual properties/sites
➢ Changes in the housing projections from those projections published in the currently
adopted Housing Element
The amendments to the Housing Element and supportive Background Report are presented in
underline/strikeout format in attached Exhibit A of this resolution.
B. Incorporating a New Sustainability Element
Since 2004, concern over global warming and climate change has accelerated. Information
on climate change is ever-changing and technology on how climate change is assessed and
determined has continued to evolve. Since 2004, the City of San Rafael has addressed
climate change as follows:
In 2009, the City adopted the San Rafael Climate Change Action Plan 2009 (CCAP).
The CCAP was prepared and adopted in response to A1332, the California Global
Warming Solutions Act, which established a statewide goal for short- and long-term
reductions in greenhouse gas (GHG) emissions. The CCAP includes a list of 48
implementing programs grouped into four categories that provide strategies for, among
others, transportation, waste reduction, land use, energy conservation and carbon
sequestration. A number of the implementing programs have been or are currently being
implemented by the City.
In 2010, in response to SB97, the State of California CEQA Guidelines were updated to
incorporate GHG emissions as a mandatory topic of study for environmental review. As
follow-up, the Bay Area Air Quality Management District (BAAQMD) updated its
CEQA Guidelines and adopted thresholds of significance for GHG emissions. To comply
with these thresholds and to minimize technical study of GHG emissions for every new
development project, BAAQMD recommends that each local agency adopt a "Qualified
GHG Emissions Reduction Strategy." The purpose of this strategy is to quantify GHG
emissions based on projected growth in the community and to implement measures to
effectively reduce these emissions. In 2010, the City determined that it would be
practical and valuable to prepare a qualified reduction strategy.
In response to S1332, a Sustainability Element has been prepared for incorporation into
the General Plan 2020. The purpose of the Sustainability Element is to memorialize
adopted CCAP measures into the General Plan. As a new General Plan element entitled
"Sustainability," the text incorporates CCAP measures as new policies and programs in
the San Rafael General Plan 2020. This element does not replace the CCAP; rather, in
many ways, the CCAP will serve as a subset of the Sustainability Element, as it will
continue to be used as a tool for monitoring GHG emissions and addressing changes
resulting from new laws and technologies.
4. A GHG Emissions Reduction Strategy has been prepared to provide technical support to
the Sustainability Element and adopted CCAP. This strategy is proposed as a technical
appendix (Appendix E) to the adopted CCAP so as to meet the BAAQMD requirements
for a Qualified GHG Emissions Reduction Strategy. The strategy includes: an emissions
inventory; GHG emissions projections for 2020 and 2035 (per SB375); target reductions;
application of CCAP GHG emissions reduction measures; and a checklist to use for
reviewing new development projects to ensure that they incorporate GHG reduction
measures into the project design and operation.
The new Sustainability Element text is presented in attached Exhibit B of this resolution. The
GHG Emissions Reduction Strategy is on file with the City of San Rafael Department of
Community Development and is recommended for adoption by separate resolution.
C. Amending Conservation Element Policy CON -3 (Unavoidable Filling of Wetlands)
Conservation Element Policy CON -3 is a very specific policy that discourages the filling of
wetlands. Since the 2004 adoption of Policy CON -3, application of this policy has proved to
be challenging in reviewing development projects that have involved wetland protection and
proposed wetland fill. Specifically, the policy provides little flexibility in interpreting
avoidance of wetland fill, and current policy terms such as `hydrologically isolated' and
`historic drainages' have been difficult to define and interpret and problematic in their
application of actual site and wetland conditions. It was determined that the policy text
warranted refinement to provide better clarity, minimize inconsistent interpretation and
address problematic conditions and terms without compromising the purpose or intent to
protect and preserve wetlands. Amended text is proposed for this policy to provide better
clarity for interpretation and implementation. Text amendments to Policy CON -3 and new
text defining "wetlands" are presented in attached Exhibit C of this resolution.
D. Eliminating the Project Selection Process (PSP)
The General Plan 2020 includes policies and programs addressing the City's Project
Selection Process (PSP). Essentially, the PSP is a competition process for new land
development. Because of limited short-term traffic capacity in many areas of San Rafael, and
the time frame for funding and constructing needed, long-term needed transportation
improvements for these areas, the PSP was established as an equitable way to allocate the
limited, short-term traffic capacity to selective, high priority land development projects
offering public benefits. The PSP does not grant an entitlement to develop or build, nor is it a
permit that vests land development approvals. Rather, the PSP merely grants a "placeholder"
of traffic allocation to a development project, which is valid for two years. The PSP has
"run -its -course" and no longer serves as a critical tool for the City in that: a) the community
is now largely built -out and there are very few remaining land development opportunities and
large undeveloped/underdeveloped sites; b) over time, the process did not result in yielding
much more public benefit than the amount that could be obtained through the conventional
project review process; and c) the limited traffic capacity has either been used up or needed
transportation improvements have been implemented.
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The PSP is specifically addressed in Land Use Element Policy LU -3 and Program LU -3a, and
is referenced throughout the General Plan 2020. Text amendments eliminating policies,
programs and text references to the PSP are presented in attached Exhibit D of this resolution.
The above amendments have been grouped for review and consideration as one action, General
Plan Amendment GPAI 1-001; and
WHEREAS, consistent with City Council Resolution No. 8379 and State Government
Code Section 65356, General Plan Amendment GPA I1-001 has been processed consistent with
adopted referral and scheduling procedures. As required, the project was referred to local
agencies and utility/service districts for review and comment; and
WHEREAS, on April 20, 2011, in accord with California Government Code Section
65352.3(a), specifically the directive of Senate Bill 18 (SB18), the Department of 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 an amendment to the local General Plan. 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 Section 5097.9 and 5097.993 of the California
Public Resources Code. The prescribed 90 -day period was observed for the Federated Indians to
respond to the offer, but the City received no response; and
WHEREAS, consistent with State Government Code Section 65585, the draft
amendments to the Housing Element have been distributed to the State of California Department
of Housing and Community Development (HCD) for review and comment. HCD staff has
reviewed the draft amendments to the Housing Element, have met with City staff to discuss the
content and recommendations, and have provided written comments on the element. As a result,
revisions were made to the proposed amendments, which are reflected in attached Exhibit A; and
WHEREAS, the draft GHG Emissions Reduction Strategy, providing technical support
to the adopted CCAP and proposed Sustainability Element has been distributed to the Bay Area
Air Quality Management District (BAAQMD) for review and comment. BAAQMD staff has
reviewed and commented on the strategy, and revisions have been made to address these
comments;
WHEREAS, in preparing the proposed amendments to Conservation Element Policy
CON -3, the City staff consulted with the representatives of the Marin Conservation League and
the General Plan 2020 Focus Group. As a result, significant changes were made to the text of
Policy CON -3 to better improve clarity for interpretation. Further, a definition for `wetland' was
added to assist in implementing the Conservation Element policies and programs; and
WHEREAS, following the initiation of the General Plan Amendment GPAII-001
application, the City commenced with environmental review of the project. Consistent with the
California Environmental Quality Act (CEQA) Guidelines and the City of San Rafael
Environmental Assessment Procedures Manual, the appropriate steps were followed to complete
environmental review of the project, which included: a) review of the certified General Plan 2020
FEIR to determine if it adequately assesses the environmental impacts of the project; and b) the
preparation of an Initial Study to determine if the project would result in new significant impacts,
and increase in the severity of the impacts, or new or expanded mitigation measures from those
analyzed and determined in the General Plan 2020 EIR. As a result of this review, an Addendum
to the General Plan 2020 FEIR (Addendum No. 2) was prepared. The City Council has adopted
Addendum No. 2 by separate resolution; and
WHEREAS, on June 28, 2011, the Planning Commission held a duly noticed public
hearing on the proposed General Plan Amendment GPA11-001. On a 4-0-2 vote (Commissioners
Sonnet and Lang absent), the Planning Commission adopted Resolution No. 11-08
recommending to the City Council the adoption of General Plan Amendment GPA 11-001; and
WHEREAS, on July 18, 2011, the City Council held a duly noticed public hearing on
proposed General Plan Amendment GPAI I-11, accepting all 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 approves General
Plan Amendment G11-001, amending the General Plan 2020 with the text edits presented in
attached Exhibits A through D. This action is based on and supported by the following findings:
1. The public interest would be served by the adoption of proposed General Plan
Amendment GPA11-001 in that:
a. Regarding the amendments to the Housing Element, this action would comply
with State law and would implement Housing Element Program H -5a (Housing
element Update) by ensuring that local housing data is updated regularly and by
promoting a tracking system that ensures the local housing quotas have been
addressed. Secondly, this action would implement Housing Element Program H -
la (Annual Housing Element Review) by providing opportunities for public input
and discussion in conjunction with the State requirements. Thirdly, this action
would: 1) introduce new policies and programs such as H -16d (Emergency
Shelters) and H -18c those that would promote opportunities for safe, permanent
housing for the homeless, which would comply with S132; and 2) delete programs
that have been implemented. Further, existing policies and programs such as
Program H -22a (High Density Infill Housing Near Transit) would promote more
expeditious review of residential projects located near transit, which would
reduce vehicle miles traveled and greenhouse gas emissions. In conclusion,
adoption of the updated Housing Element would be in the best interest of the
public as it would provide updated information and data on housing, population
and demographics, which is critical in determining San Rafael's mid- and long-
term housing needs and goals.
b. Regarding the introduction of a new Sustainability Element, this action would
incorporate into the General Plan 2020, the City -adopted Climate Change Action
Plan (CCAP, 2009), which provides a road map for increasing sustainability in
San Rafael. Increasing sustainability is in the best interest of the public and
community as it would: 1) place less reliance on the use and consumption of
fossil fuel and non-renewable resources; 2) decrease greenhouse gas emissions;
and 3) promote support for local -based businesses and activities. Most
importantly, adoption of the Sustainability Element ensures that the measures
embedded in the adopted CCAP will be implemented with the goal of reaching
compliance with SB32 and S13375.
c. Regarding the amendment to Conservation Element Policy CON -3 and the
addition of a definition for `wetland,' this action would provide better clarity,
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minimize inconsistent interpretation and remedy current problematic conditions
and policy text terms, which would improve and provide clearer direction for
review of proposals that impact or effect wetlands. Further, the amended text for
Policy CON -3 would provide clearer direction on the criteria filling small,
isolated wetlands, and the addition of a wetland definition would appropriately
reference the US Army Corps of Engineers as the agency with the oversight of
delineating wetlands.
d. Regarding the amendment addressing the City's Project Selection Process (PSP),
this action would eliminate a process that is no longer a critical element in
development review and transportation management. Specifically: l) the San
Rafael planning area is largely built -out and the there are very few remaining
land development opportunities and few large undeveloped/underdeveloped sites;
and 2) the limited traffic capacity for which this process managed has either been
used up or needed transportation improvements have been implemented. As this
process has run -its -course and is no longer a useful or critical tool for the City, it
is in the best interest of the community to discontinue it.
Adoption of General Plan Amendment GPAI 1-001 would not be growth inducing
nor would it be precedent setting in that:
a. The amendments to the Housing Element would not: 1) result in changes to the
adopted residential land use designations or their respective density parameters;
2) result in changes to the adopted land use designations for individual
properties/sites; or 3) result in changes in the housing projections from those
projections published in the currently adopted Housing Element. Further, the
amendments to the Housing Element do not expand the City's planning area and
would therefore not induce new growth from that projected under the current
General Plan 2020.
b. As discussed above, the addition of a new Sustainability Element would
incorporate into the General Plan 2020, the City -adopted Climate Change Action
Plan (CCAP, 2009), which provides a road map for increasing sustainability in
San Rafael. The policies or programs of this new element would not induce new
growth from that projected under the current General Plan 2020, nor would the
policies and programs set a precedent that would be impacting to future actions
taken by the City. While policies of the new Sustainability Element recommend
study of concentrated and increased housing density around transit centers, the
purpose is to concentrate growth in the urban areas, rather than induce or place
pressure on growth in the outlying areas.
c. As discussed above, the amendment to Conservation Element Policy CON -3 and
the addition of a definition for `wetland' would provide better clarity and
direction in implementing wetland protection goals. Neither the text edits to
Policy CON -3 nor the wetland definition are crafted to induce wetland fill or
growth, nor are they crafted to be site-specific. Further, the proposed text
amendments are broadly written to avoid a precedent that would impact future
actions that are taken by the City on wetland issues.
d. As discussed above, the text amendments to eliminate the Project Selection
Process (PSP) would discontinue a land development competition process. As
this process grants a traffic allocation to a development project for a limited
period of time, it is not a land use or development entitlement that is subject to
environmental review. Therefore, the elimination of the Project Selection
Process would have no impact on community growth nor would this action be
cause to set a citywide precedent.
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Adoption of General Plan Amendment GPA11-001 would be consistent and would
not conflict with the related elements, goals, policies or programs of the San Rafael
General Plan 2020 in that:
a. As drafted, overall, the amended Housing Element would be consistent with: a)
Housing Element Program H -la (Annual Housing Element Review) as it presents
an updated assessment of housing conditions, data and issues, and provides
opportunities for public input and discussion; b) Housing Element Program H -5a
as it represents a 5 -year update of this element, as required by State law.
b. As drafted, the new Sustainability Element introduces policies and programs that
would be consistent with many currently -adopted policies and programs in
General Plan 2020 that are intended to address sustainability, which include,
among others: Housing Element Program H-1 lc (Rehabilitation and Energy
Loan Program) and Policy H-14 (Innovative Housing Approaches), Policy H-22
(Infill Near Transit), Program H -22a (Higher Density Infill Housing Near
Transit); Neighborhood Element Policy NH -6 (Bicycle- and Pedestrian -Friendly
Streets), NH -30 (Pedestrian Environments), NH -86 (Design Considerations for
Development in the Vicinity of the Civic Center, NH -88 (Sonoma Marin Area
Rail Transit — SMART Station); Economic Vitality Element Policy EV -6 (Shop
Locally), Policy EV -11 (Promotion of Workplace Alternatives), Policy EV -12
(Workforce Housing); Circulation Element Policy C-11 (Alternative
Transportation Mode Users), Program C-11 b (Car Sharing), Program C-11 c
(Low Impact Alternative Vehicles), Policy C-12 (Transportation Demand
Management), Policy C-15 (Transit Needs), Policy C-17 (Regional Transit
Options), Policy C-20 (Intermodal Transit Hubs), Policy C-26 (Bicycle Plan
Implementation), Policy C-27 (Pedestrian Plan Implementation), Policy C-32
(Parking for Alternative Modes of Transportation); Infrastructure Element Policy
I-8 (Street Trees); Safety Element Policy S-20 (Levee Upgrading), and Policy S-
21 (Rise in Sea Level).
c. As drafted, the amendment to Conservation Element Policy CON -3 and the
addition of a definition for `wetland' would be consistent and not in conflict
with: 1) Policy CON -1 in that important environmental resources would continue
to be protected; 2) Policy CON -2 in that the importance of wetland preservation
would not change nor would the amendments compromise this importance; and
3) Goal 31 in that the overall goal to protect habitat would not be impacted.
Wetland protection and preservation has been of utmost priority to the City of
San Rafael and the proposed amendment to Policy CON -3 and the addition of a
definition for wetland would not change this priority, but would reinforce the
current wetland goals and policies of the Conservation Element.
d. The Project Selection Process (PSP) has provided an effective and equitable way
of distributing limited traffic capacity to development projects in traffic -sensitive
areas. Discontinuing the Project Selection Process would not conflict with Land
Use Element Policy LU -2 (Development Timing) and Program LU -2a
(Development Review), or Circulation Element Policy C-5 (Traffic Level of
Service) or Program C-513 (Evaluation of Project Merits). As discussed above,
the PSP grants a traffic allocation to a development project for a limited period of
time and it is not a land use or development entitlement that is subject to
environmental review. The above policies and programs would continue to
review land development and their associated environmental impacts on a case-
by-case basis.
BE IT FURTHER RESOLVED, that as part of the review and action to adopt General
Plan Amendment GPA11-001, the City Council considered the Planning Commission's
recommendations on homeless shelter zoning options for four areas/sites to address the
requirements of Senate Bill 2 (SB2), which are provided in a text box on page 33 of the Housing
Element Background Report (attached Exhibit A2 [General Plan 2020 Appendix B]). The City
Council's action on General Plan Amendment GPAII-001 hereby: a) deletes the text box in
Exhibit A2, page 33; and b) determines that the Light Industrial/Office (LI/O) and General
Commercial (GC) zoning districts located south of Bellam Boulevard and east of I-580 is the
preferred area for homeless shelter zoning consistent with SB2 requirements, and directs staff to
prepare Zoning Ordinance amendments to address this zoning for review and adoption by the
Planning Commission and City Council.
I, Esther C. Beirne, 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 18`h day of July, 2011, by the following vote, to wit:
AYES: Councilmembers: Brockbank, Connolly, Heller, Levine & Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ESTHER C. BEIRNE, City Clerk
ATTACHMENTS:
Exhibit AI and A2 - Amendments to Housing Element and Housing Background (Appendix B)
Exhibit B- Introduction of new Sustainability Element
Exhibit C- Amendments to Conservation Element Policy CON -3
Exhibit D- Amendments to General Plan 2020 text eliminating Project Selection Process (PSP)
W:/.../GPA 11-001 /GPA 11-00 ] .CC-reso_GPA 7 18 11 (revised 7-18-11)
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