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Home My WebLink About2011-04-21 MinutesIN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, THURSDAY, APRIL 21, 2011 6:00 PM Special Meeting San Rafael City Council MINUTES Present: Mayor Boro Vice -Mayor Brockbank Councilmember Connolly Councilmember Heller Councilmember Levine Also Present: Nancy Mackie, City Manager Robert Epstein, City Attorney Lisa Goldfien, Deputy City Attorney II Esther Beirne, City Clerk 1. PROJECT: Taraet Store (125 Shoreline Parkwav) - Reauest for General Plan Amendment Zoning Amendment (to PD -1726 District), Use Permit, Environmental and Design Review Permit and Vesting Tentative Parcel Map Required for the Approval of a 137,511 -square - foot Target Store along with Associated Parking and Landscaping on Lot 6 at the Shoreline Center, a 19+ acre Parcel; APN 009-320-45; Planned Development (PD) 1726: Cal -Pox, Inc., Property Owner; John Dewes (Target) and Bob Wright (TWM Architects & Planners), Applicants; File. Numbers: GPA07-004; ZC07-002; UP07-018; ED07-038 and S10-002. This matter was continued from the December 20, 2010 City Council Meeting to Prepare a COMMUNITY IMPACT REPORT (CD) Complete report at http://www.cityofsanrafael.orn/Government/Community Development/Target.htm. File — Target Store — Shoreline Center 10-2 #3 a) Adopt a Resolution Accepting the COMMUNITY IMPACT REPORT b) Introduce Resolution certifying Addendum EIR; C) Introduce Resolution approving CEQA Findings, approval of an Exception to General Plan 2020 Circulation Element Policy C-5 supported by a Statement of Overriding Considerations, and approval of a Mitigation Monitoring and Reporting Program (MMRP); d) Introduce Resolution approving a General Plan Amendment; e) Pass ordinance to print adopting a Rezoning to amend the PD 1726 Zoning District; and f) Introduce Resolution conditionally approving a Use Permit, Environmental and Design Review Permit, and Vesting Tentative Parcel Map. Mayor Boro declared the public hearing opened. Nancy Mackie, City Manager - Introducing the item Ms. Mackie explained that at the hearing on December 20, 2010, public testimony was taken. The hearing was closed for public comment on all items except the Community Impact Report. Tonight's staff report includes the Community Impact Report, Target's answers and the project application, more details on which would be covered. This evening's schedule: Acting Economic Director Stephanie Lovette and Planning Manager Paul Jensen would make a brief report regarding the item. The Community Impact Report to be presented by AECOM. Target representatives would make a presentation responding to questions posed by the City Council, subsequent to which the public would be invited to provide their comments. Ms. Mackie explained that public comments this evening would be limited to: Staff Report Community Impact Report and Information from Target's presentation. Subsequent to public comment, staff would provide final responses with direction from the City Council. The Public Hearing would then be closed and the City Council would begin deliberations. Paul Jensen, Planning Manager - Mr. Jensen provided a refresher by summarizing the project, together with project issues raised in December, 2010. He explained that the purpose of the EIR addendum was to assess the impacts of the reactivated project that resurfaced in early 2010 and to consider the modifications to ensure that the EIR adequately covered the items. Stephanie Lovette, Acting Economic Development Director - Ms. Lovette reported that at the close of the public hearing on December 6, 2010, the City Council requested staff to cause to be prepared a Community Impact Report (CIR), the purpose of which was to provide information to the City Council to help inform their decision on a specific project. She explained that a CIP was not required by CEQA; therefore, the contents were designed to meet the needs of the community and City Council. A draft scope of work was prepared which was considered by the City Council on January 3, 2011, during which meeting the City Council also considered public comment on the proposed scope of work. Items added to the proposed scope of work by the City Council included requiring additional analysis of additional case study cities. The consultant was also requested to prepare estimations of taxable versus non-taxable sales within the store. Invoices from the consultant were paid from funds deposited with the City from the developer. Included in the Report: Retail Impact Analysis Employment Impact Analysis Fiscal Impact Analysis and Case Studies of six California cities in the Bay Area, Napa and Davis, with similar characteristics to the City of San Rafael. Alexander Quinn Director of Sustainable Economics for AECOM - By way of PowerPoint Mr. Quinn presented and explained the Community Impact Report in detail. Questions and comments from Council and staff. Councilmember Brockbank Councilmember Connollv Councilmember Levine Shayan Lotfie AECOM Councilmember Levine Mayor Boro Councilmember Connollv Councilmember Brockbank Mayor Boro Brian Treber, Senior Regional Real Estate Manager, Target, provided an overview, from a business perspective, of Target's opinion of the Community Impact Report. John Dewes, Regional Development Manager, Target, provided further specific details on issues contained in the Community Impact Report. Jamie Tajii, Bay Area Human Resources Manager, Target, discussed employment, pay and benefits at Target. Stephanie Plante , President, Cal Pox, Owners of the land for the proposed Target store, introduced her grandfather, Martin Bramante. She thanked the City Council and staff for their hard work on this project and urged its support_ Councilmember Connollv Councilmember Brockbank Councilmember Levine Mayor Boro Meeting paused. Resuming, Mayor Boro explained how the meeting would proceed Councilmember Brockbank Jonathan Frieman, Keep it Local San Rafael, gave a PowerPoint presentation in opposition to the Target store. Jim Watt addressed the Community Impact Study. Comments from the public: Jeff Rhodes, Jack Buckhorn, Bruce Robbie, Bill Scott, Jan Gaye, Steve Patterson, Bev Rowden, David Randolph, Elissa Giambastiani, Nancy Alcata, Katherine Di Silva Jane Comments from the public: - Mark Carrington, Jennifer Rinks, Gary Phillips, Norman Solomon, Brandon, Carpenters Union, Byron Horter, Lee Jordan, Andy Bachich, Jeff Schoppert, Moira Brennan Comments from the public: - Fred Divine, Alan Barnett, Keith Ray, Craig Slater, Paul Verriere, Marsha Holmquist, Casey Mazzoni, Bernie Stefan, Barbara Jones, Reno Rossi Comments from the public: - David Selig, John Rossi, Eva Selig, Roger Roberts, Ralph Ardido, Kay Karchewski, Connie Barker, Marty Bennett, Bill Carney, Matt Butler Comments from the public: - Mike Haleen, Bill Callahan, Paul Rogers, John Reynolds, David Mayer, Steve Burdo, Barry Taranto, Giesela Greene Mayo Boro closed public hearing Comments and questions from the City Council Mayor Boro: Councilmember Connolly Alex Quinn Councilmember Levine's deliberations - supported the project Councilmember Connolly's deliberations - opposed the project. Councilmember Brockbank's deliberations - opposed the project Councilmember Heller's deliberations - supported the project Mayor Boro's deliberations - supported the project The Citv Council and staff further discussed the public benefits to clarifv certain issues: Robert Epstein, Citv Attorne Mr. Epstein stated it would be appropriate for the City Council at this time to have a discussion concerning Councilmember Levine's proposals - Apprenticeship Program, Bike and Bus Plan, Eating Area with glass wall, Philanthropic gifts being made to San Rafael non -profits specifically, the RPS standard for purchasing energy and a commitment to this. Should there be consensus on whatever public benefits a majority of the City Council would condition the project on, the resolutions and ordinance adoptions would return to the City Council at the next regular meeting. Therefore, to the extent the library proposal, together with Councilmember Levine's proposals are added to what already is in the resolutions before Council this evening, staff would memorialize those additions for the second reading and final adoption. He suggested Council discussion take place regarding how to handle Councilmember Levine's proposals. Mayor Boro clarified: Should three Councilmembers agree to certain additional conditions they should be included as part of the motion and it would be up to Target to express their willingness to accept these conditions. Councilmember Brockbank - Councilmember Brockbank questioned why the two opposing councilmembers were excluded from the public benefit negotiations, 4 Robert Epstein - Indicating they were not excluded, Mr. Epstein stated he thought Councilmembers Brockbank and Connolly would wish to participate in the discussion. Mayor Boro clarified the additional public benefits Councilmember Levine Councilmember Brockbank - Councilmember Brockbank inquired whether Target would consider subscribing to Deep Green - 100% clean energy. Robert Epstein Councilmember Connolly Councilmember Brockbank Councilmember Levine Mayor Boro addressed the issue of the Apprenticeship Program Councilmember Levine Councilmember Connolly - local hire commitment Robert Epstein Councilmember Levine Councilmember Brockbank Paul Jensen Councilmember Brockbank Mayor Boro Robert Epstein Mr. Epstein announced that the second reading of the ordinance and resolutions would be scheduled for the City Council meeting of May 16, 2011. With regard to the third and sixth resolutions, Override and Use Permits, staff requested that whomever made the motion should annunciate the list of additional public benefit conditions being made as part of these motions. Mr. Epstein noted that the motion to accept the Community Impact Report does not necessarily indicate agreement with everything contained therein, rather it was accepting that the report was completed and presented to the City Council as directed. Councilmember Connolly moved and Councilmember Brockbank seconded to adopt the Resolution. a) RESOLUTION NO. 13139 — RESOLUTION ACCEPTING COMMUNITY IMPACT REPORT ON PROPOSED 137,511 -SQUARE -FOOT TARGET STORE PROJECT ON LOT 6 AT THE SHORELINE CENTER, 125 SHORELINE PARKWAY (APN 009-320-45) GPA07-004, ZC07-002, UP07-018, ED07-038, S10-002 AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Brockbank moved and Councilmember Levine seconded to adopt the Resolution. b) RESOLUTION NO. 13140 — RESOLUTION ADOPTING AN ADDENDUM TO A CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT (FEIR) (SCH#2007082125) PREPARED FOR THE CONSTRUCTION OF A 137,511 -SQUARE -FOOT TARGET STORE ON LOT 6 AT THE SHORELINE CENTER, 125 SHORELINE PARKWAY (APN 009-320-45) GPA07-004, ZC07-002, UP07-018, ED07-038, S10-002 AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Levine moved and Councilmember Heller seconded to adopt the Resolution with the addition of the following: Inclusion of Apprenticeship Program Energy procurement meeting the state's RPS standard Ensure Bike and Bus Plans included in public benefits Change in layout to make the glass wall possible along the outdoor public benefit eating area, for safety and to increase the likelihood of use with the interior of the building All philanthropic gifts be made to San Rafael -based non -profits Ten-year commitment of $25,000 annually to the San Rafael Library Foundation, beginning with a presentation at ground -breaking. c) RESOLUTION NO. 13141 — RESOLUTION ADOPTING CEQA FINDINGS OF FACT, APPROVING AN EXCEPTION TO THE CITY -ADOPTED LEVEL OF SERVICE STANDARDS SET FORTH IN SAN RAFAELGENERAL PLAN 2020 CIRCULATION ELEMENT POLICY C-5, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS AND APPROVING THE MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) SUPPORTING THE APPROVAL OF A 137,511 -SQUARE -FOOT TARGET STORE PROJECT ON LOT 6 AT THE SHORELINE CENTER, 125 SHORELINE PARKWAY (APN 009-320-45) GPA07-004, ZC07-002, UP07-018, ED07-038, S10-002 AYES: COUNCILMEMBERS: Heller, Levine & Mayor Boro NOES: COUNCILMEMBERS: Brockbank & Connolly ABSENT: COUNCILMEMBERS: None Councilmember Heller moved and Councilmember Levine seconded to adopt the Resolution. d) RESOLUTION NO. 13142 — RESOLUTION APPROVING AN AMENDMENT TO THE SAN RAFAEL GENERAL PLAN 2020: A) AMENDING LAND USE ELEMENT EXHIBIT 11, LIGHT INDUSTRIAL/OFFICE LAND USE DESCRIPTION; AND B) NEIGHBORHOOD ELEMENT POLICY NH -59 (CAL-PDX SITE EAST OF HOME DEPOT) TO EXPAND THE PERMITTED USES TO INCLUDE REGION -SERVING, SPECIALTY RETAIL GPA07-004 AYES: COUNCILMEMBERS: Heller, Levine & Mayor Boro NOES: COUNCILMEMBERS: Brockbank & Connolly ABSENT: COUNCILMEMBERS: None The title of the ordinance was read: e) AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE PLANNED DEVELOPMENT (PD -1726) DISTRICT ADOPTED FOR THE SAN RAFAEL SHORELINE CENTER, SHORELINE PARKWAY ZC07-002" Councilmember Heller moved and Councilmember Levine seconded to dispense with the reading of the ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1895 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Heller, Levine & Mayor Boro NOES: COUNCILMEMBERS: Brockbank & Connolly ABSENT: COUNCILMEMBERS: None Councilmember Levine moved and Councilmember Heller seconded, to adopt the Resolution. f) RESOLUTION NO. 13143 —RESOLUTION APPROVING A USE PERMIT (UP -018), ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED07-038) AND A VESTING TENTATIVE MAP (S10-002) TO ALLOW THE CONSTRUCTION OF A 137,511 -SQUARE -FOOT TARGET STORE ON LOT 6 AT THE SHORELINE CENTER, 125 SHORELINE PARKWAY (APN 009-32045) AYES: COUNCILMEMBERS: Heller, Levine & Mayor Boro NOES: COUNCILMEMBERS: Brockbank & Connolly ABSENT: COUNCILMEMBERS: None Second Reading of Items b) through f) scheduled for City Council Meeting of May 16, 2011. ADJOURNMENT 12:50 AM, Friday, April 22, 2011 ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF 2011 ALBERT J. BORO, Mayor