HomeMy WebLinkAboutPlanning Commission 2011-06-26 #6CITY OF
SAN RAFAEL
FILE NO.: P11-009/GPA11-001
AGENDA ITEM NO.: 6
Community Development Department – Planning Division
P.O. BOX 151560, SAN RAFAEL, CA 94915-1560
PHONE: (415) 485-3085/FAX: (415) 485-3184
MEETING DATE: June 28, 2011
REPORT TO PLANNING COMMISSION
SUBJECT: Draft Amendments to San Rafael General Plan 2020 including: an update of the Housing
Element, a new Sustainability, amendments to Conservation Element Policy CON-3 (Unavoidable Filling
of Wetlands), and amendments to Plan policies, programs and text eliminating the City’s Project
Selection Process (PSP); Applicant: City of San Rafael; File No.: GPA11-001.
SUBMITTED BY: Linda M. Jackson/Paul Jensen APPROVED BY: Robert Brown
(Community Development Director) Community Development Director
EXECUTIVE SUMMARY
The City of San Rafael has initiated an amendment to the San Rafael General Plan 2020 (GPA11-001).
The proposed General Plan Amendment is grouped into four distinct components, which are:
¾ An update of the Housing Element
¾ Introduction of a new Sustainability Element
¾ Proposed revisions to Conservation Element Policy CON-3 (Unavoidable Filling of Wetlands)
¾ Deletion of Plan policies, programs and references eliminating the Project Selection Process
Concurrent to adoption of the Sustainability Element, staff recommends adoption of a Greenhouse Gas
Emissions Reduction Strategy, which is not a general plan amendment, but rather an implementing
program. The Planning Commission will review the draft reduction strategy as a separate agenda item
following review of the draft Sustainability Element.
The four components have been reviewed by the General Plan 2020 Focus Group and other community
groups and interested parties over the past year, and by the Planning Commission at its June 14th Study
Session. Edits were incorporated to address Planning Commission comments, as described below and/or
shown in ‘track changes’ in the attachments.
Consistent with State law, an Addendum to the General Plan Final Environmental Impact Report
amendments was prepared and will be considered as part of the review of the proposed amendments. The
Planning Commission’s resolution of recommendations pertaining to the proposed amendments will be
forwarded to the City Council for consideration. The Council is scheduled to hold a study session on the
draft amendments on July 5th.
RECOMMENDATION
It is recommended that the Planning Commission take the following action:
1. Adopt the Resolution recommending to the City Council adoption of an Addendum to the
San Rafael General Plan Final Environmental Impact Report (Attachment 1)
REPORT TO PLANNING COMMISSION / PAGE 2 FILE NO: P11-009/GPA11-001
2. Adopt the Resolution recommending to the City Council adoption of General Plan
Amendment GPA11-001 (Attachment 2)
BACKGROUND/ PROJECT DESCRIPTION
A detailed description of each component to General Plan Amendment GPA11-001 is provided below.
Update of Housing Element
All local agencies in California are required to periodically review and update its General Plan Housing
Element. In fact, the currently adopted San Rafael General Plan 2020 Housing Element includes the
following programs to track progress on the element and compliance with the State mandate:
H-1a. 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.
In 2010, a first draft of the Housing Element Update was completed and forwarded to the State of
California Department of Housing and Community Development (HCD). Following HCD staff review
and comment, a second draft of the Housing Element Update was prepared and published in March 2011.
A copy of the draft Housing Element is available at the City of San Rafael website, which can be accessed
at:
http://www.cityofsanrafael.org/Government/Community_Development/Housing_Element_Update_2009_
-_2014.htm
The proposed amendments to the Housing Element are presented in underline/strikeout format. A
summary of the key changes is 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.
3. 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-11f is added to recognize zoning ordinance requirements that
applicants/developers provide relocation assistance for low-income residential unit renters
displaced by new development.
5. 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.
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6. New Program H-18c is proposed to encourage the use of the CEQA Guidelines exemptions
for in-fill residential development, whenever possible, consistent with State law.
7. An amendment to Program H-18g (Revisions to Parking Standards) is proposed to increase
flexibility in parking requirements for housing developments.
8. 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.
9. 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 SB
2 requirements (zoning obligations to accommodate housing for the homeless). This report
has been reorganized to match the State of California Department of Housing and
Community Development (HCD) 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 or general and grammatical edits
to text. The collection of amendments to the Housing Element and Background Report is provided in
Exhibit A of the attached, draft resolution (Attachment 2).
The Housing Element Update does not result in any of the following:
¾ Changes to the adopted residential land use designations or their respective density parameters
¾ Changes to the adopted land use designations for individual properties/sites
¾ Changes in the housing projections from those projections published in the currently adopted
Housing Element
The primary topic for Planning Commission consideration will be identification of site(s) for a homeless
shelter that may be developed without a use permit, as required by State law SB2. The four potential areas
are identified on page 33 of the Housing Background. Additional information about the sites will be
presented at the Planning Commission meeting. The Commission’s recommendation will be forwarded to
the City Council for review and adoption.
New Sustainability Element and Supportive Greenhouse Gas Emissions Reduction Strategy
During preparation of the City’s Climate Change Action Plan (CCAP) staff indicated to the City Council
and the Green Ribbon Committee that the programs contained in the CCAP would be added to General
Plan 2020 during the next update process. The intention was to assure that the CCAP programs have the
same importance, application and long-term monitoring as other general plan policies. Rather than scatter
the CCAP programs throughout the general plan in various elements, staff concluded that it would be
preferable to prepare a new Sustainability Element for inclusion in General Plan 2020 to provide
REPORT TO PLANNING COMMISSION / PAGE 4 FILE NO: P11-009/GPA11-001
background and context to the issues of community sustainability and effects of climate change. Since
the concepts of sustainability constitute an “umbrella” strategy for community planning, staff proposes
that the Sustainability Element be included as the first element within General Plan 2020.
The draft Sustainability Element was largely authored by a community volunteer, Pat Jung, who is a local
landscape architect and graduate of the Dominican University’s Sustainable Practices Certificate
Program.
The programs contained in the CCAP have been reformatted in some cases as policies, others have been
modified to reflect wording changes and a few additional programs contained in the new GHG Emissions
Reduction Strategy (Strategy distributed to the Planning Commission and summarized in a separate staff
report).
At its meeting of June 14, 2011 the Planning Commission reviewed and discussed a draft Sustainability
Element, offering a number of suggestions for edits. The Sustainability Element has been revised to
incorporate these edits and is provided in its entirety in Exhibit B, which is part of the attached draft
resolution (Attachment 2). A number of proposed edits were also offered by Bill Carney, President of
Sustainable San Rafael, which have also been incorporated.
More significant revisions include:
On Page 4, text has been added to clarify that programs contained in the CCAP are intended to
achieve a 15% GHG reduction goal by 2020, and that the additional 10% “stretch” goal is
expected to be achieved through additional community actions and federal programs.
The program titled, “Home and Community Gardens” has been relocated under SU-7, Local Food
Production.
The language of SU-9, Zero Waste, has been revised to address all three components of waste
reduction discussed in the CCAP: source reduction, reuse and recycling.
A new program SU-9a has been added directing the City to adopt a Zero Waste Goal and
Strategic Plan, which is a CCAP program and actions which are currently in process.
A new program SU-9i, Commercial and Multi-Family Recycling, has also been added since
adoption of this ordinance is also in process.
The Sustainability Indicator (page 12) related to Zero Waste has been modified to quantify the
material diversion rate consistent with the Marin Hazardous and Solid Waste JPA’s Zero Waste
Feasibility Study and with the calculations contained in our GHG Emissions Reduction Strategy.
Finally, Commissioner Paul suggested that our Policy SU-8 and Program SU-8a related to social equity
do not sufficiently address opportunities for the economically disadvantaged members of our community.
Since the primary intent of the preparation of the Sustainability Element was to incorporate programs
from the CCAP, this portion of the draft element is quite limited. It is important to note, however, that
the Sustainability Element does not cover all policies and programs related to the broad topics and
objectives of sustainability. As noted on Page 5 of the draft element, several existing General Plan
elements address these topics as well. Specifically:
The Housing Element identifies the scope of needed housing for our diverse community and
specific objectives and programs related to the provision of affordable housing (see policies H-13,
H-14, H-16, H-17, H-19, H-20, H-21, H-24, and H-25).
The Economic Vitality Element addresses objectives for job creation to match the local
workforce (Policy EV-4 and EV-8), workforce education (EV-10) and creation of housing
affordable to the local workforce (EV-12).
Staff has examined general plans from other public agencies, including the County of Marin’s
Countywide Plan, which is organized around sustainability principles. We could not identify additional
policies or programs that would be tangible and implementable efforts that would go beyond our existing
General Plan policies and programs. During the public discussions related to the Target application there
were suggestions of adoption of a living wage ordinance, which would mandate higher-wage jobs either
REPORT TO PLANNING COMMISSION / PAGE 5 FILE NO: P11-009/GPA11-001
associated with government contracting or applicable to the entire business sector. A few cities in
California have enacted such ordinances, but momentum to extend such provisions to additional
jurisdictions has slowed significantly due to the economic recession and concerns about impacting the
financial viability of existing businesses.
Amendment to Conservation Element Policy CON-3 (Unavoidable Filling of Wetlands)
Since 1987, the City of San Rafael has had mandated wetland protection policies in its General Plan. In
2004, the City adopted the General Plan 2020, which re-vamped the Conservation Element. Policy CON-
3, which addresses the protection of wetlands through avoidance, was among the policies that were
amended. However, since adoption, 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’ and the terms such as ‘hydrologically isolated’
and ‘historic drainages’ have been difficult to define and interpret, and have been 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. See
the attached memorandum (Attachment 3), which summarizes the research and outreach completed to
assist in amending this policy.
The following amendments are proposed to Policy CON-3, which involved consultation with and input
from the San Rafael General Plan 2020 Focus Group and representatives of the Marin Conservation
League:
CON-3. Unavoidable Filling of Wetlands Wetland Protection and Mitigation for
Unavoidable Fill. In order to protect and preserve valued wetlands, Lloss of wetlands
due to filling should shall be avoided, unless it is not possible or practical. Any request
for fill must demonstrate that the proposed fill cannot be avoided. If fill is unavoidable,
there shall be a compensatory minimum of 2:1 ratio of wetlands created or restored, on-
site of off-site. When it is demonstrated that it is not possible or practical to avoid filling
a wetland because of site constraints and conditions such as the geographic location of
the wetland, site configuration and size, require that the wetland be replaced on-site, and
in-kind at a minimum ratio of 2:1 (e.g., 2 acres for each acre lost ). If it is determined
that on-site mitigation is not possible or practical, off-site mitigation shall be required at
a minimum replacement ratio of 3:1. As assessed and determined on a case-by-case
basis, theThe City may waive this policy for fill of a small wetlands (0.1 acre or less in
size), hydrologically isolated wetland (surface water) or drainageway, provided that: the
wetland or drainageway is not within or connected to historic drainages and provided
that the applicant is in compliance with requirements of other agencies that regulate
wetlands. (1) the wetland is isolated meaning that it is not within, a part of, directly
connected with or hyrdologically-linked by natural flow to a creek, drainageway, wetland
or submerged tidelands; (2) it is demonstrated by a wetland expert that the preservation
of the wetland is not practical as it would not result in a functioning, biological resource
because of its isolation; (3) that the filling would result in a more appropriate and
desirable site plan for the project; and (4) the City consults with and considers comments
received from the appropriate resource agencies with wetland oversight (State of
California Department of Fish and Game and/or the California Regional Water Quality
Control Board).
Please note that as a result of comments from the Planning Commission at the June 14, 2011 Study
Session, minor amendments were made to the policy text. The minor revision clarifies that the wetland
expert’s role is solely for the purpose of rendering a decision on the practicality of preserving an isolated
wetland.
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In response to a recommendation made by representatives of the Marin Conservation League, it was
determined that the Conservation Element should include a brief definition of wetlands. The following
definition is proposed to be incorporated into this element:
Wetland- Areas under the jurisdiction of the US Army Corps of Engineers that are inundated or
saturated by surface or groundwater at a frequency and duration sufficient to support a
prevalence of vegetation that is typically adaptive for life in saturated soils conditions. Wetlands
generally include but are not limited to seasonal wetlands, marshes, vernal pools and bogs.
Elimination of Project Selection Process (PSP)
Contained in the San Rafael General Plan 2020 are policies and programs addressing the City’s Project
Selection Process (PSP). Initially established in 1988 as the PPP (Project Priority Procedure), the PSP is
essentially a competition process for new land development projects. 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. The PSP requires that new land development projects to compete against one another to secure
an allocation of limited traffic capacity. The competition process is periodically initiated and hosted by
the City, generally when there are multiple, pending land development projects proposed and/or when
there is general interest in new land development in an area where traffic capacity is limited. As part of
the competition, development projects are required to propose a public benefit so as to obtain a “high
priority” rating, which is necessary to secure a traffic allocation. A high priority rating is generally
reserved for projects that are high tax-generating, propose a high percentage of affordable housing or
propose a needed neighborhood-serving use.
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. If the required land use entitlements or planning and building permits are
not secured for the development project during this two-year window, the PSP expires, and the project is
required to complete again for an allocation of traffic capacity. The traffic allocation that is granted by
this process is not considered a “project” under the CEQA Guidelines and is therefore, not subject to
environmental review.
The PPP and the PSP were critical when the potential for land development was high (1980’s-early
2000’s) and there was inadequate traffic capacity in the road network to accommodate the land
development demand. During these years, the PPP and PSP were successful in approving high priority
projects and yielding many public benefits offered by these projects including, among others:
contributions to fund the establishment of a landscape median on Manuel T. Freitas Parkway (at
Northgate Drive); obtaining a 50-year land lease (at $1.00/year) for the City Corporation Yard site;
contributions to fund technology training and programs sponsored by the Canal Alliance; and many
affordable housing units in new residential developments. However, the process 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.
The PSP is specifically addressed in Land Use Element Policy LU-3 and Program LU-3a, which read as
follows:
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LU-3. Project Selection Process.
Because there is limited traffic capacity, and in order to achieve desired projects with
significant public benefit, prioritize and allocate that traffic capacity among
development proposals citywide. Establish criteria to guide the City’s selection of
high priority projects.
LU-3a. Project Selection Process. Establish a citywide Project Selection Process (PSP)
to approve projects consistent with citywide and neighborhood-specific priorities. Include
criteria to guide the City’s selection of high priority projects. Involve the public in
drafting the initial PSP program and criteria. Include public notification and involvement
in the implementation of PSP program.
The PSP is also referenced and cited in a number of other General Plan elements, as well as the Housing
Element Background report. A complete list of the text amendments addressing elimination of PSP is
provided in the Exhibit D of the attached, draft resolution (Attachment 2).
Adoption of GPA11-001
It is proposed that the amendments summarized above be adopted as a single amendment action to
General Plan 2020. This single action will be presented in one resolution for Planning Commission
consideration (Attachment 2).
Consistent with City Council Resolution No. 8379, the appropriate agencies and jurisdictions have been
notified of the proposed General Plan Amendment.
ANALYSIS
San Rafael General Plan 2020 Consistency
The collective components of General Plan Amendment GPA11-001 have been reviewed for consistency
with the San Rafael General Plan 2020. The following provides a brief summary of how each component
is consistent with the San Rafael General Plan 2020:
1. Overall, the amended Housing Element would be consistent with: a) Housing Element
Program H-1a (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.
2. 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-11c
(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-11b (Car
Sharing), Program C-11c (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
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Transportation); Infrastructure Element Policy I-8 (Street Trees); Safety Element Policy S-20
(Levee Upgrading), and Policy S-21 (Rise in Sea Level).
3. The amendment to Conservation Element Policy CON-3 and the addition of a definition for
‘wetland’ would be consistent and not in conflict with: a) Policy CON-1 in that important
environmental resources would continue to be protected; b) Policy CON-2 in that the
importance of wetland preservation would not change nor would the amendments
compromise this importance; and c) 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.
4. 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-5D (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 referenced policies and programs would continue to
review land development and their associated environmental impacts on a case-by-case basis.
Consultation with Local Native American Tribe as Required by SB 18
Consistent with SB18, when processing a General Plan Amendment, the City must consult with the local
Native American tribe to determine if there is interest in Tribal Consultation. An offer of Tribal
Consultation was made to but the City did not receive a response from the local tribe (Federation Indians
of Graton Rancheria).
ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Act (CEQA) Guidelines, a General Plan Amendment action is
subject to environmental review. As CEQA Guidelines Section 15152 encourage ‘tiering’ from a
certified Environmental Impact Report, the proposed components of the General Plan Amendment were
carefully reviewed against the San Rafael General Plan 2020 certified Environmental Impact Report (Plan
EIR), 2004. Based on this review and the completion of an Initial Study and consistent with the
provisions of the CEQA Guidelines Section 15164, staff has prepared an Addendum to the Plan EIR
(Addendum No. 2). The Addendum concludes that proposed General Plan Amendment GPA11-001
would not result in: any new significant impacts; an increase in the severity of the impacts; or new or
expanded mitigation measures from those analyzed and determined in the General Plan 2020 FEIR. A
copy of the Addendum has been distributed to the Planning Commission for review. The attached, draft
resolution (Attachment 1) recommends that the Planning Commission recommend to the City Council
adoption of the EIR Addendum.
EXHIBITS
Attachment 1: Draft Resolution Recommending to the City Council the adoption of an EIR Addendum
(Addendum No. 2);
Attachment 2: Draft Resolution Recommending to the City Council adopting General Plan Amendment
GPA11-001 with the following attachments:
Exhibit A: Draft Housing Element and Background (Appendix B)
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Exhibit B: Draft new Sustainability Element
Exhibit C: Draft amendments to Conservation Element Policy CON-3 and addition of
wetland definition
Exhibit D: Draft amendments deleting policies, programs and text references to the Project
Selection Process (PSP)
Attachment 3: Memorandum to Linda Jackson from Paul Jensen summarizing research and
recommendations for amending Conservation Element Policy CON-3; August 23, 2010
The following documents were distributed to the Planning Commission with this staff report and are
available at the Community Development Department:
Addendum (No. 2) to the San Rafael General Plan 2020 Certified Environmental Impact Report
PC staff report GPA11-001_6 28 11