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HomeMy WebLinkAboutCAC 2018-03-01 Minutes Citizens Advisory Committee for Economic Development and Affordable Housing (CAC) City of San Rafael Third Floor Conference Room, City Hall March 1, 2018 Meeting Summary Notes CAC Members Present: Kati Miller, Bill Carney, Gladys Gilliland, Andrew Naja-Riese, Dirck Brinckerhoff, Felix AuYeung, Glenn Koorhan Members Absent: Bill O’Connell City Staff Present: Danielle O’Leary Members of the Public: Linda Jackson, Dan Bell, Mel Davick, Andrea Presenters: Alyssa Galloway, Yvonne Roberts, Susie Criscimagna, Josh Townsend 1. Call to Order: Mr. Carney, Chair, called the CAC meeting to order at 7:03 pm. 2. Approval of February 1, 2018 Meeting Summary Notes Approved with one correction - in item 4 (Update on 4th and A Project) Kati Miller’s name was misspelled with an extra “e” in Kati. 3. BioMarin/Whistlestop - Conceptual Presentation and review Representatives from BioMarin and Whistlestop, along with their partner, Eden Housing provided an overview of their planned development activities. ● Alyssa Galloway, BioMarin’s Manager of Government Affairs, provided an overview of the company’s intentions to construct two new buildings and expand its campus in downtown San Rafael. Founded in 1997, BioMarin is a biotechnology company focused exclusively on the development of treatments of rare pediatric diseases. The company’s existing San Rafael campus is located off of Lindaro Street and houses 400,000 square feet of offices and research laboratories with 800 employees. ● BioMarin is proposing the development of two new buildings at 999 3rd St, situated at the corner of 3rd and Lindaro St. Both buildings will expand the BioMartin footprint in downtown San Rafael along with a potential cafe and retail space. The buildings’ height is listed at 70 feet tall, will use modern design principles, feature glass windows, natural light, and also draw from inspiration by prominent architects in Marin County. The buildings will be connected by a rooftop garden accessible for employees and visitors. ● There is no general timeline for the development of the two proposed buildings; however, Ms. Galloway explained that they are in the phase of collecting input from the various City commissions and the public. The first building — Building “A” would be constructed sooner, while Building “B” would likely be delayed. Approximately 250 new employees would work in these buildings. ● In general, CAC members responded favorably to the proposed BioMarin building concepts; however, there were two main areas of concern and discussion: ● Parking: Multiple CAC members requested updates on the proposed parking spaces, specifically, the number of parking spaces per 1,000 square feet. Further, CAC members inquired about a blended floor area ratio for parking needs (a composite of parking for the total area for lab space and office space). BioMarin is considering the blending of their existing campus and the proposed new buildings to create one full campus, which would thereby affect the floor area ratio and parking. CAC members also questioned what would happen to the property should BioMarin sell it in the future. ○ Ms. Galloway explained that she is not the project manager, but she would ask the project manager to follow-up with the CAC about parking. Further, Ms. Galloway informed the CAC that BioMarin plans to conduct a parking study, the results of which will inform their parking strategy. Of note, however, is that BioMarin is seeing an uptick in usage of the SMART and other public transit. Three-fourths of BioMarin’s employees live in Marin or Sonoma Counties, and the imminent parking study will shed light on transportation patterns and needs. One member of the public expressed that BioMarin should consider ways to allow for use of their parking for public events, too. ● Pedestrian Safety: Several CAC members remarked on the importance of pedestrian safety in the planned development, particularly for pedestrians crossing 2nd and 3rd Streets. Ms. Galloway described that the new buildings will be set back from the street to create a better pedestrian experience and emphasize safety. Additionally, there would be no cars turning off of 2nd and 3rd Streets to access BioMarin. Project leads are keenly aware of the City’s 3rd Street study and coordinating their plans with it. ● Yvonne Roberts, Whistlestop Development and Marketing Director presented on their partnership with BioMarin and Eden Housing to support housing and related needs of older adults. WhistleStop serves 11,000 people over age 60 years annually by offering comprehensive services, including transportation, nutrition, information and referrals and social connections. However, there is a critical need for senior housing to allow Marin seniors to “age in place.” With the arrival of the SMART train, Whistlestop developed a partnership to relocate their existing direct services and also to build a housing site. In 2015, WhistleStop approached BioMarin to discuss the purchase of the old PG&E property for senior housing. ● Susie Criscimagna, Senior Project Developer of Eden Housing. Eden Housing, a non-profit affordable housing organization, serves seniors, families, and persons with disabilities. In partnership with WhistleStop and BioMarin, Eden Housing would develop a new residential site with 54 affordable housing units (53 for seniors ages 62 and older, 1 unit for an on-site property manager). Units would include 450 square foot studios and 600 square foot one-bedrooms. The housing units would sit atop a new 18,000 square foot Active Aging Center where WhistleStop would administer nutrition counseling, classroom-based education, and other services. Approximately 250 seniors would use these services daily. ● The location is ideal given its proximity to the Downtown Kaiser, Walgreen’s, Safeway, and the Transit Center. Since 19 parking spaces would be available for visitors only, residents would have to forgo vehicle ownership. In general, the construction would take full advantage of the site, with a proposed 0 foot set back on the front entrance side proposed as a concession per State density laws. Further, Eden Housing would take advantage of the State Density Bonus Law to allow additional concessions and waivers since affordable housing is never financially feasible on its own, according to Ms. Criscimagna. ● CAC members responded very favorably to the public benefits that would result from the construction of the Senior Housing Site and Active Aging Center in conjunction with the BioMarin development. CAC members asked Eden Housing about building more units. Ms. Criscimagna responded that there is potential for 18 more units by including an additional story, possibily in conjuction with doing a set back. Ms. Linda Jackson, Program Director of the Aging Action Initiative, expressed that this project is important to increase Marin’s older adult housing stock for seniors ages older than 60 years who are paying more than one-third of their income for housing. In response to the presentations, CAC members found the proposals attractive to bring more people to downtown and develop areas characterized as unsightly. CAC members discussed the trade-offs between additional building stories versus set backs, and in general, the CAC members expressed their support of more residential units. Ms. Danielle O’Leary, expressed that the CAC can offer their support of the project by describing the economic development benefits of the project, including new high-paying jobs, more foot traffic in downtown, and increasing value of the land. The CAC membership voted unanimously to prepare a letter of support to send to the City Council. The letter would express our support of the project at Whistlestop/Eden Housing, and our interest in an additional story for more housing. The letter would also describe the CAC’s support for the BioMarin project concepts, but request more information on parking. As an action step, Chair Bill Carney and Secretary Andrew Naja-Riese will draft a letter and send out for CAC members’ comment. 4. Project Updates A. Transit Center and Station Area: The public process for providing input on the development of the new Transit Center is starting. Consultant to the City Steve Kinsey has developed a San Rafael Transit Center Guidance document, to which some CAC members reacted and questioned why the existing depot/WhistleStop site is listed as a pillar of the Project. Additionally, Bill Guerin and Paul Jensen have convened a meeting of San Rafael ‘stakeholders’ who are suggesting ways to improve the public process for providing input on the early development of a preferred alternative, including consideration of a fourth alternative for the permanent transit center. CAC Chair Carney sits on the 12-person committee, which has proposed further meetings with the Bridge District consultants to provide consolidated stakeholder input, including at least one Saturday workshop in addition to the three public meetings planned by the District. B. 1001 Fourth Street/Marketplace: Ms. O’Leary updated the CAC that she has asked Paul Goldstone to present on the proposed development on 4th Street at the April CAC meeting. Mr. Goldstone plans to use some of the same consultants as BioMarin, which may help coordination of the two projects. C. Other Developments: Embassy Suites went into a sales transaction, and Ms. O’Leary explained that they plan to remain open during renovation. 5. Update on selection of new CAC members. There were 12 applicants for the CAC vacancy created by the resignation of Gordon Manashil; interviews will occur in mid-March. Additionally, Felix AuYeung announced that he will be resigning from the CAC, so two positions will now be filled. Chair Carney and CAC members thanked Mr. AuYeung for his service and his wealth of knowledge on affordable housing. As a result of Mr. AuYeung’s resignation, Kati Miller volunteered to step in as an alternate on the General Plan Committee. 6. Public Comment on non-agenda items. One member of the public inquired about medical cannabis businesses in San Rafael. Ms. O’Leary explained the proposed licensing and zoning process and request for applications for medical cannabis delivery, medical cannabis products manufacturing, and testing labs. 7. Proposed Future Agenda items: Proposed topics include “Tiny housing” and an overview of economic development in North and South San Rafael. 8. Adjournment Chair Carney adjourned the meeting at 9:07 PM. Respectfully submitted, Andy Naja-Riese SUMMARY OF HOUSING LEGISLATION – 2017-2018 March 30, 2018 HOUSING BILL SUMMARY + COMMENTS SPECIFIC TO SAN RAFAEL ACTION PLAN FOR CITY 1 BILLS PASSED AND SIGNED AS NEW LAW SB 2 - Permanent Source of Funds for Affordable Housing Development. Imposes a mandated $75-$225 recording fee with property sales/real estate docs (no fee for home sales). Est. revenue of $200 Billon/year. Make-up for dissolving of Redevelopment Agencies. Bill signed and law in effect. City supported this bill. No direct impacts on the City. No action needed. SB 3 - $4 Billion Housing Bond. November 2018 bond on ballot. Bonds to be used to supplement cost of various existing housing programs ($3B for State affordable housing programs and $1B for CalVet Home Loan Program). Bill signed and law in effect. City supported this bill. No direct impacts on the City. No action needed. SB 35 - Streamlined Approval Process for Housing Projects. (Coupled with SB 879, below). Creates a ministerial process for any residential project of 2 or more units near major transit. Commits developer to pay prevailing wages for construction. Limits local jurisdiction review of project for compliance with a Bill signed and law in effect. City opposed this bill. Law has a direct impact on the City; applies to most areas served by major transit. While developer interest in paying prevailing wage in Marin is not common, affordable housing projects proposed by non-profits are typically required to provide prevailing wage. Big task for local jurisdictions = creating process for individual requests. Currently, there is no City process established to address individual requests. Zoning Ordinance amendment and/or separate processing resolution needs to be adopted to address streamlined application requests. Must include “objective planning and development standards.” Standards must be prescribed and quantified to be “non- discretionary.” Requires significant input from DRB, PC, CC and public. SUMMARY OF HOUSING LEGISLATION – 2017-2018 March 30, 2018 HOUSING BILL SUMMARY + COMMENTS SPECIFIC TO SAN RAFAEL ACTION PLAN FOR CITY 2 checklist of “objective planning standards.” Established time limits for review and action on a project requesting streamlined review. Also expands local jurisdiction requirements for annual reporting (on housing approvals and start- ups) to HCD. Provisions of law also influenced by the local jurisdiction meeting RHNA goals through actual construction. Law is extremely complicated. See separate fact sheet. Objective planning and design standards must be “quantified” to meet the test for ministerial action. Time limits for streamlined for project review will be a strain on staff and will require other projects being processed to be placed at a lower priority. Recent report issued from HCD finds that based on our RHNA performance, the streamlined process for residential projects is not required unless the development has a minimum of 50% affordable units. AB 1505 – Return of Inclusionary Housing. Palmer v. City of LA case overturned by this bill. Reinstates ability of local jurisdictions to require inclusionary housing for rental projects. Limits a local jurisdictions’ ability to impose an inclusionary housing requirement to a maximum of 15% when adopting a new ordinance. Bill signed and law in effect. City supported this bill. Law has a direct impact on the City; allows the City to employ and enforce the current inclusionary housing requirements in the GP2020 and Zoning Ordinance (up to 20% BMR unit requirement in market rate projects). Less reliance on securing BMR rental units through the density bonus process. The 15% inclusionary unit limit set by the law does not apply to the City as we would not be adopting a new ordinance. No formal action or ordinance needed by the City. Consider having the City Council adopt a resolution confirming reinstatement of the adopted inclusionary housing requirements for rental projects. AB 678, SB 167, AB 1515 – Strengthening Anti-NIMBY Law – Housing Accountability Act. Bills signed and laws in effect. City opposed this bill. Law has a direct impact on the City. Requires that City City Planning Division staff will be required to comply with the timeline set for determining housing project consistency with the General Plan 2020 and zoning SUMMARY OF HOUSING LEGISLATION – 2017-2018 March 30, 2018 HOUSING BILL SUMMARY + COMMENTS SPECIFIC TO SAN RAFAEL ACTION PLAN FOR CITY 3 Reinforces Housing Accountability Act; limits local jurisdictions ability to deny housing developments that are consistent with the local General Plan unless specific findings are made. SB 167 requires that local jurisdiction provide the developer of a housing project a list of inconsistencies with the local General Plan and zoning standards within 30-60 days after the application is deemed complete; if not done within this time frame, application is deemed consistent with all local policies. Requires that local jurisdiction pay for attorney fees and fines if a denied project is challenged. AB 1515 allows the court to determine whether a housing project is consistent with the local zoning and General Plan by selecting the substantial evidence it wishes to rely on rather than reviewing whether the local jurisdiction relied upon substantial evidence. further boost findings when acting on a housing development project. Obligating the City to pay attorney fees and fines for a challenged action. Impacts City staff review and time management of housing projects. City action on housing projects would be vulnerable to the courts discretion to select substantial evidence if a housing project is challenged. provisions. This review could be included in the first 30 days of application filing and completeness review. No other action necessary. However, as part of the GP2040 process, the law should be carefully reviewed to determine if General Plan policies and programs need to be amended to SB 540, AB 73 – Workforce Housing Opportunity Zones and Bills signed and laws in effect. City did not take a position on this bill but it was No formal action needed unless the City determined that a district(s) should be established. SUMMARY OF HOUSING LEGISLATION – 2017-2018 March 30, 2018 HOUSING BILL SUMMARY + COMMENTS SPECIFIC TO SAN RAFAEL ACTION PLAN FOR CITY 4 Housing Sustainability Districts. Allows local jurisdictions to establish a workforce housing or sustainability district that includes a CEQA review and document that covers review of individual sites within the district (“front end” planning like a Specific Plan or Form-based Code approach) for up to five years. If a district is established, individual residential projects would be subject to a ministerial review planning process subject to a time limit for construction of 3 years. Authorizes local jurisdictions to create an incentive fund for “front end” zoning and CEQA review for residential infill projects within the established district. supported by the League of CA Cities. Law is discretionary and does not apply to the City unless a district(s) is established. Note: In preparing for General Plan 2040, a Specific Plan or Form-based Code is being considered for Downtown San Rafael, which could provide streamlined review. AB 1397, SB 166 – “No-Net-Loss Zoning.” Modifies current “No Net Loss Zoning” law. Local jurisdiction cannot downzone sites or approve new housing at significantly lower densities than that projected for the site in the local Housing Element without identifying other Bills signed and laws in effect. City did not take a position on this bill but it was opposed by the League of CA Cities. Law may have a direct impact on the City, but it is questionable if this law applies to charter cities. General Plan 2020 Housing Element includes a list of housing sites with estimated unit count for development. While the housing opportunity sites identified in the Housing Element (2,500 units) far exceed the RHNA for this cycle May require a detailed review of General Plan 2020 Housing Element housing site inventory to: a) determine if surplus sites provide a comfortable cushion; and b) determine the need to include specified income levels for projected housing on each of the housing sites. SUMMARY OF HOUSING LEGISLATION – 2017-2018 March 30, 2018 HOUSING BILL SUMMARY + COMMENTS SPECIFIC TO SAN RAFAEL ACTION PLAN FOR CITY 5 sites that could accommodate the local need for housing sites at specified income levels. Not applicable to charter cities. (1,005), the inventory of sites does not break down projected units by projected income levels. AB 72, SB 879 – Changes to HCD Review of Local Housing Elements. Boosts local jurisdiction requirements for annual reporting to HCD. Allows HCD to revoke local Housing Element compliance (certification) for inconsistent actions. Bills signed and laws in effect. City did not take a position on this bill. Law has a direct impact on the City. While the changes in annual reporting to HCD are more onerous but not problematic, City actions on housing projects and the General Plan Housing Element would be more vulnerable to challenge and HCD oversight. Monitor its activity related to actions on housing projects and the General Plan Housing Element to ensure compliance with the State law. AB 1521 – Expiring Affordability Restrictions. Strengthens the law regarding the preservation of existing assisted housing developments (assisted = multiple-family housing subject to federal, state or local assistance; not applicable to properties under rent controlled/rent stabilization). Requires the owner to provide notice to tenants (3 years) when the affordability restriction is to sunset. Requires that owner accept an offer to purchase by tenant and limits rent increases at time restriction sunsets. Bill passed and law in effect. City did not take a position on this bill. Law has an indirect impact on the City. Meet with Marin County Housing Authority to determine applicability of this law, and compliance. AB 571 – Farmworker Housing. Bill passed and law in effect. No action needed. SUMMARY OF HOUSING LEGISLATION – 2017-2018 March 30, 2018 HOUSING BILL SUMMARY + COMMENTS SPECIFIC TO SAN RAFAEL ACTION PLAN FOR CITY 6 Boosts the farmworkers, low- income tax credit program. City did not take a position on this bill. No impacts on the City. AB 494, SB 229 – Easing Restrictions on ADU Construction. Requires that any new ADU that is interior to the primary single- family residence must be afforded the ministerial review process in any zoning district that permits a single-family residence (e.g., multiple-family residential districts). Parking for an exterior ADU is limited to no more than one space per unit or per bedroom, “whichever is less;” no parking is required for a detached ADU studio unit. Local jurisdictions cannot prohibit parking in setbacks or in tandem. Local utility servers cannot consider an ADU to be a residential use for calculating fees and may not require a new or separate utility connection for an interior ADU. A new and separate utility connection may be required for a new exterior ADU but fee must be based on ADU size and Bill passed and law in effect. City did not take a position on this bill. Law has an indirect impact on the City. At present, City zoning permits single-family residences and ADUs in all residential zoning districts. City is working on a new, local ADU ordinance. New parking requirements will need to be addressed. Local utilities will need to be informed of the new laws addressing utility connections. Include updated parking requirements in the new ADU ordinance (yet to be adopted). SUMMARY OF HOUSING LEGISLATION – 2017-2018 March 30, 2018 HOUSING BILL SUMMARY + COMMENTS SPECIFIC TO SAN RAFAEL ACTION PLAN FOR CITY 7 number of plumbing fixtures. BILLS INTRODUCED SB 827 – Transit-Rich Housing Project Bill. Would authorize a housing project of two or more units to qualify for a “transit-rich housing bonus.” Projects within ½-mile radius of a major transit stop or ¼-mile radius of high quality transit corridor would be exempt from: maximum residential density and FAR provisions; minimum parking requirements; and design standards that restrict the ability to construct the maximum number of units. Building heights of 55 feet shall be permitted if the adjacent street width is less than 45 feet. If the adjacent street width is greater than 45 feet, 85- foot building heights shall be permitted. Bill introduced. City has submitted a letter opposing this bill. This proposed law would have a direct and dramatic impact on the City and the urban corridor of Marin County. City has many areas that meet the criteria for a transit-rich housing bonus. At present, building height limits cap at 66 feet in Downtown (with some bonuses up to 74 feet), except for the Courthouse Square property (101 feet). Suburban areas such as Terra Linda and older residential neighborhoods in Central San Rafael would be impacted. These areas typically have building height limits of 30-36 feet. Monitor progress of bill. SB 828 – RHNA Rollover Bill. Would require that State HCD address historic underproduction Bill introduced. City has submitted a letter opposing this bill. This proposed law would have a direct and dramatic Monitor progress of bill. SUMMARY OF HOUSING LEGISLATION – 2017-2018 March 30, 2018 HOUSING BILL SUMMARY + COMMENTS SPECIFIC TO SAN RAFAEL ACTION PLAN FOR CITY 8 of housing by completing a comprehensive assessment of unmet need for each region. Plan calls for requiring local jurisdictions with high rates of income growth have a high rate of housing production commensurate to income levels. Also requires that HCD develop a methodology to require that unmet RHNA be “rolled over” to the next reporting period. Requires that local jurisdictions plan and accommodate for 200% of the local housing allocation for every income level in its Housing Element. impact on the City in several ways. First, the current RHNA for San Rafael is 1007 units. If units are not built to meet RHNA for the annual reporting period, the number rolls over to the next period. So, if no construction occurs, the RHNA number does not go down. This bill unfairly places local jurisdictions in a vulnerable position as construction activity is dictated by the market. Local jurisdictions have no control over this market. Second, essentially, the bill requires the local jurisdiction to plan for doubling the current RHNA spread across all income levels. The San Rafael Housing Element identifies housing opportunities for approximately 2,500 units, which provides a comfortable cushion above the current 1,007- unit RHNA. Much of this cushion would ultimately become the RHNA obligation for San Rafael.