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HomeMy WebLinkAboutCD Plan Bay AreaAgenda Item No: 6. b Meeting Date: May 6, 2013 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Community Development Department rPrepared by: Paul A. Jensen, Director City Manager ApprovalX, fRA'di( SUBJECT: Report onDraft Plan Bay Area and Draft Environmental Impact Repqrt(QBR); City File No. P89'019. RECOMMENDATION: Accept Report. Direct staff to forward comments on the Draft Plan Bay Area and DBR to ABAB and MTC. EXECUTIVE SUMMARY Consistent with Assembly Bill 32 (California Global warming Solutions Act) and Senate Bill 375 (Sustainable Communities Strategy), the Association of Boy Area Governments (4BAG) and the Metropolitan Transportation Commission (MTC) have jointly completed the Draft Plan Bay Area (Draft Plan). The Draft Plan senxso as the Bay Anyo'o Sustainable Communities Strategy (SCS) to plan for future growth with the goal to reduce the region's greenhouse gas emissions (GHG) by2O20and 2040. The Draft Plan is complex as itcombineo/jnino regional land use planning and transportation planning practices that have been historically employed and implemented independently by ABAG and MTC. The Draft Plan incorporates: e land use component that covers the State -mandated Regional Housing Need Allocation (RHNA) as well oothe ABAG jobs and housing growth projections for 2040; a transportation and investment component addressing transportation projects and funding; and a conservation component. Pursuant to the provisions of the California Environmental Quality Act Guidelines, ABAG/MTC prepared a Draft Environmental Impact Report (DBR) assessing the environmental impacts of the Draft Plan and its implementation. The DBR is o "program -level" douument, meaning that it assesses environmental impacts at a very broad, mostly regional level. The OE|R does not assess the impacts of specific transportation or development projects at o countywide or local level. Rmther, it is the intent ofthis environmental document to be used or"Uenad" from as part oflocal jurisdiction review oflocal projects. GB375requires that aregion's SCS include ''CEQ/\Stream|ining.^ The OE|Raddresses and covers this requirement. The {}EOAStreamlining provisions presented in the OE|Rare recommended toapply to certain, qualifying "Transit Priority Projects" (TPP) and reside ntia I/m ixed use developments. |nsummary, the Draft Plan meets the regional goals for reducing GHGemissions mandated byA832and 5B375, However, the DBR concludes that Draft Pian adoption and implementation will result in 40 significant environmental impacts, which cannot be mitigated to a less -than -significant level. Therefore, in FOR CITY CLERK ONLY File No.: Council Meeting: Disposition: CX zj� ' ^- CITlVOF&AN RA. 2st6erC Jxvne 14NnFifthA,c. /'x) San Aat'nd.LA94V1S-|.�x SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 order for ABAG/MTC to adopt this Draft Plan, these agencies will need to make findings of overriding consideration. For local jurisdictions such as San Rafael, while local compliance with AB32 is mandated, it is critical to note that local jurisdictions are not required to adopt this Draft Plan, nor mandated to meet the Draft Plan's 2040 jobs and housing projections through property rezoning, General Plan amendments or actual construction. The Draft Plan and process has been controversial with public focus on concerns over: loss of local land use control; recommendations for increased, concentrated growth in the inner -urban areas of the region (introduction of "Priority Development Areas"); the ABAG jobs and housing growth projections for 2040; and the linkage of the State -mandated Regional Housing Need Allocation (RHNA). However, there are other, important elements of the Draft Plan, which are summarized in this report. Staff has reviewed the Draft Plan and accompanying DEIR; staff comments are outlined in the Analysis section of this staff report. In brief, the critical comments are as follows: The inclusion of the State -mandate Regional Housing Need Allocation (RHNA) in the Draft Plan requires local jurisdiction compliance with the next 2014-2022 RHNA cycle. For this next cycle, the RHNA for San Rafael (1,003 residential units for the 2014-2022 cycle) is reasonable and acceptable as it is less than what has been planned for in our current, adopted Housing Element (1,403 units zoned for the 2007-2014 cycle). The 2040 jobs and housing projections identified for Marin and San Rafael (including our two Priority Development Areas): a) are overly ambitious given the built environment and constrained transportation network; and b) exceed our planning projections in the San Rafael General Plan 2020. Further, growth projections recently published by the State Department of Finance (DOF) report a considerably lower growth for 2040 than the Draft Plan projections. 3. The Draft Plan DEIR has some but limited "tiering" value for use by local jurisdictions. While this document will be useful to local jurisdictions for assessing cumulative impacts on specific topic areas such as air quality, climate change/GHG emissions and transportation, most of the topic areas studied include mitigation measures that are presently and commonly required by local jurisdictions. Lastly, while this DEIR presents provisions for CEQA Streamlining, local jurisdictions are not mandated to apply these provisions. Staff is requesting that the City Council review and discuss the staff comments and direct staff to submit written comments to ABAG/MTC. BACKGROUND: Bay Area Regional Planning and Transportation (ABAG & MTC) The Bay Area, which encompasses nine counties, is served by a number of regional agencies, including the ABAG and MTC. ABAG and MTC manage, administer and oversee regional planning and transportation matters. Since the early 1970's, ABAG has served as the Bay Area's "Council of Governments" (COG). As a COG, ABAG: a) projects and monitors jobs and housing growth for the region; and b) administers the State -mandated Regional Housing Need Allocation (RHNA). These roles are described as follows: Since 1978, ABAG has been responsible for developing and publishing jobs and housing growth projections for the region. The projections are based, in part on the growth and development projections of local general plans, input from local agencies and trends in the economy. Historically, ABAG published the jobs and housing projections every two-four years. Local jurisdictions are not bound by or required to comply with the jobs/housing projections, but they are often used by local jurisdictions as a base for forecasting build -out in local general plans. 2. The Regional Housing Need Allocation (RHNA) is the housing need allocation that is set and determined for each region (e.g., the SF Bay region) by the State of California Department of Housing and Community Development (HCD). Required by State law since 1981, RHNA represents a target number for planning and accommodating new housing units for a broad range of affordability levels. For the Bay Area region, ABAG is provided this RHNA from HCD and it is SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 the job of ABAG, in coordination with the nine Bay Area counties and respective cities/towns, to distribute this allocation to each community. Each county and local municipality must take the share of the allocation and incorporate it into their respective General Plan Housing Elements. The Housing Element must demonstrate how the local allocation can be met or achieved through zoning for housing and supportive General Plan implementation measures. While RHNA does not require municipalities to build housing to meet this allocation, the Housing Element must demonstrate, to the satisfaction of HCD, that the local municipality zoning and property inventory can accommodate the allocation. Further, approved and proposed housing development projects are counted toward meeting the RHNA. Once incorporated into the local Housing Element and adopted by the local municipality, the Housing Element must be certified by HCD. At present, RHNA is administered in seven -year -cycles. In 2011, San Rafael complied with the last RHNA cycle (2007-2014) by adopting an updated Housing Element. Our adopted Housing Element, which has been certified by HCD, demonstrates that the 2007-2014 RHNA allocation of 1,403 residential units has been met through current zoning and identified housing opportunity sites. An inventory of properties demonstrating compliance with RHNA is presented in Appendix B of the Housing Element. MTC oversees and manages transportation planning and coordination for the Bay Area region. MTC is responsible for developing a regional transportation plan (RTP) which sets the long-term transportation needs (transportation improvements) for a region and the funding to implement these needs. In addition, MTC is responsible for coordinating with the State (Caltrans) on transportation projects for the region, and administering funds and grants received from the State and Federal level. MTC is responsible for allocating and distributing the Federal and State funds and grants to the congestion management agencies throughout the nine Bay Area counties. Transportation Authority of Marin (TAM) serves as the congestion management agency for Marin County. Assembly Bill 32 (AB 32) and Senate Bill 375 (SB 375) Assembly Bill 32 (AB 32), the California Global Warming Solutions Act of 2006, established state legislation requiring a statewide reduction in greenhouse gas (GHG) emissions to 1990 levels by 2020. The reduction of GHG emissions is to be achieved in numerous ways. In response, in 2009, San Rafael adopted a Climate Change Action Plan (CCAP), which includes a list of robust implementation measures to locally reduce GHG emissions. In 2008, Governor Schwarzenegger signed Senate Bill 375 (SB 375), which promoted a direct linkage of regional transportation plans (RTP) with the statewide goals to reduce GHG emissions. SB 375 requires that metropolitan transportation organizations (such as MTC) develop a Sustainable Communities Strategy (SCS), which is to serve as a new element of the RTP. The goal of the SCS is to reach a GHG reduction target for each region. The target for the Bay Area is a seven percent (7%) GHG reduction per capita by 2020 and a 15% reduction per capita by 2040. The primary contributor to GHG impacts is emissions from fossil -fueled vehicles. Therefore, the greatest effort to reach this target is to develop ways to reduce the amount of vehicle miles traveled, such as planning for more housing and jobs that can be concentrated in the urban/developed areas and around or near transit. Bay Area Sustainable Communities Strategy (SCS) Partnership of Agencies For the Bay Area region, the SCS process involves a partnership of four regional agencies: a) MTC; b) ABAG; c) the Bay Area Air Quality Management District (BAAQMD); and d) the Bay Conservation and Development Commission (BCDC). MTC and ABAG are leading the SCS coordination effort of the "Plan Bay Area," which is required to be completed and adopted by summer 2013. The goal of the Plan Bay Area is to focus and concentrate future growth in and around a sustainable transportation system in the inner, urban areas of the Bay Area, thus reducing the need to continue to reach out to the undeveloped "green field" areas of the region to accommodate housing growth. By focusing growth in the inner -urban areas, there would be less reliance on vehicle travel, which would reduce GHG emissions. Elements of Plan Bay Area — Linkage to RHNA The Plan Bay Area is structured to add three new elements to the Bay Area's RTP: a) a land use component demonstrating how the region could house the entire population by 2040; b) a discussion of resource and farmland areas to be protected; and c) a demonstration on how the development pattern and the transportation network can work together to reduce GHG emissions. To add to the complexity of SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4 this effort, the Plan Bay Area is also structured to ultimately synchronize the separate, State -mandated Regional Housing Need Allocation (RHNA) process with the RTP process. While the Plan Bay Area is intended to plan for concentrated growth in the urban core of the Bay Area, there is no mandate that this planned growth be built. However, as discussed above, the RHNA process mandates that the housing allocation that is distributed to each local municipality be addressed in their respective Housing Elements. Right now, Housing Elements are on a seven-year review and update cycle. The Plan Bay Area inclusion of RHNA would reduce the Housing Element review and update cycle to once every 8.8 years for local jurisdictions that demonstrate compliance with the adopted Plan Bay Area. Over the past five years, ABAG and MTC have been working to develop the Plan Bay Area, which has involved numerous steps and studies that have resulted in: adjustments for the regional jobs and housing projections through 2040; adjustments to the RHNA methodology; and development of strategies and measures that are proposed to reduce the vehicle trips that are traveled in the region. Priority Development Areas (PDA) The key tool to achieving concentrated growth and reduction in vehicle trips has been the establishment of "Priority Development Areas" (PDA). A PDA is a geographic area that is close to, along, or within transit nodes and connections that can be earmarked for concentrated growth, particularly housing growth. ABAG established a process by which a local jurisdiction can designate a PDA. This designation applies a higher percentage of projected growth for the PDA, but it also comes with incentives. The incentives for a PDA include, among others: a) the potential for reduced requirements for and/or an exemption from CEQA review for future development in these areas; and b) greater grant and funding opportunities for planning, transportation and infrastructure (note: to date, the City has already been awarded funds through the One Bay Area Grant process, which include funding for critical transportation improvements to prepare for "Day One" operations of SMART). Approximately 200 PDAs are designated in the nine Bay Area counties. At present, in Marin County there are two designated PDAs in San Rafael (Downtown and Civic Center) and a planned PDA covering several, unincorporated areas along the US 101 corridor (Marin City, Strawberry, Greenbrae/Larkspur, Marinwood). The two San Rafael PDAs were designated by City Council action in 2008-2009. San Rafael received MTC grant funding for the development of two SMART station area plans (the Downtown and Civic Center PDAs), which were completed last year. The two Station Area Plans cover a geographic area encompassing a '/-mile radius surrounding the two SMART rail stations, which generally represent the PDA boundaries. A map of the two San Rafael PDAs is attached (Attachment 1). Jobs -Housings Connection Scenario- 2012 Last year, as a phase of the Plan Bay Area preparation process, ABAG/MTC developed and published the "Jobs -Housing Connection Scenario," which includes the latest jobs and housing growth projections for 2040. The methodology that was used to develop the jobs/housing projections is complicated; however, simply stated, the projections consider trends (both past and projected) that are specific to: a) regional growth patterns; b) employment (by sector/job type); c) population changes (by age, demographics and immigration); and d) housing (production and choices in housing). Downward adjustments to the projections were made in this scenario to response to many comments made by the local jurisdictions (including San Rafael) and the public. The adjusted projections take into consideration: a) recession recovery (re -tenanting commercial vacancies); b) an increase in home-based businesses; c) absorption of current housing vacancies; and d) an aging population. Nonetheless, the reduced projection numbers for San Rafael were unrealistic. This scenario was presented to the City Council in May 2012. As reported to the City Council at that time, City staff has been carefully monitoring this process and has submitted comments to ABAG/MTC through various phases of this process. Marin SCS Ad -Hoc Committee The Marin SCS Ad -Hoc Committee has been formed to track and monitor the Plan Bay Area process for Marin County. The SCS Ad -Hoc Committee is comprised of elected officials (Councilmember Barbara Heller representing San Rafael) and public agency staff that meet regularly to discuss information as it is distributed or made available by ABAG/MTC. The SCS Ad -Hoc Committee is coordinated by Transportation Authority of Marin (TAM) to promote collective review and comments from all communities/cities in Marin. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5 Draft Plan Bay Area- March 2013 In late March 2013, ABAG/MTC published the Draft Plan Bay Area (Draft Plan). The Draft Plan has been prepared to address two critical mandates: a) reducing the region's GHG emissions by 15% by 2035 (per AB 32); and b) housing 100% of the projected growth for the region by 2040. The Draft Plan can be accessed at http://onebayarea.org/regional-initiatives/plan-bay-area.htmi. A summary of the Draft Plan is provided as follows: Land Use Component— RHNA & Jobs/Housing Projections As noted above, the RHNA has been incorporated into the Draft Plan to synchronize with the timing of the Regional Transportation Plan (RTP). The Draft Plan includes the next 2014-2022 cycle. For the Bay Area, the RHNA is 187.990 housing units for an 8.8 -year projected period. ABAG, in coordination with a committee of representatives from local planners and elected officials (ABAG Housing Methodology Committee) developed an updated methodology for distribution of the RHNA to the nine counties and municipalities. For Marin County, the RHNA is 2,292 housing units, which is one -percent (1%) of the region's allocation. The following table provides a breakdown of the latest draft Marin County RHNA 2014-2022 by municipality, which also provides a comparison with the 2007-2014 RHNA cycle: Regional Housing Need Allocation (RHNA) for Marin Count Municipality RHNA 2007-2014 RHNA 2014-2022 Draft Change Belvedere 17 16 1 Corte Madera 244 72 172 Fairfax 108 61 47 Larkspur 382 132 250 Mill Valley 292 129 163 Novato 1,241 414 827 Ross 27 18 9 San Anselmo 113 106 7 San Rafael 1,403 1,003 400 Sausalito 165 79 86 Tiburon 117 78 39 Marin Co. uninc. 773 184 589 Marin Co. Total 4,882 2,292 (2,590) As the table shows, the RHNA has been significantly reduced from the last cycle. Our current General Plan Housing Element accommodates this allocation. Please note that the RHNA for San Rafael is for citywide application; there is no RHNA for our two PDAs. The 2040 jobs/housing projections presented in the land use component of the Draft Plan rely on the "Jobs -Housing Connection Scenario" that was published in 2012. The jobs and housing projections are relatively the same as those reported to the City Council last year. The Draft Plan projects a 30% increase in the Bay Area population by 2040 (increase of 2.1 million persons). For Marin, the Draft Plan projects a population increase of 13% (33,000 persons) by 2040, which is far less than the average of the growth projected for the individual Bay Area counties (e.g., by comparison, projected growth for San Mateo County is 26%). In January 2013, the State Department of Finance (DOF) published population growth projections, which forecast a 3% growth for Marin by 2040. The 10% difference in the ABAG and DOF projections is significant. The difference is attributed to ABAG's assumptions for strong economic growth in the region by 2040, and that the DOF used a different methodology. ABAG and DOF have agreed to work together on developing a "joint" projection for the next projections cycle (Plan and projections will be reviewed in four years). The Draft Plan projects a growth of 1.9 million jobs and 660,000 housing units for the region by 2040. These projections were distributed among the nine Bay Area counties, as presented in the table below. Overall, Marin County's household and employment is projected to grow more slowly and far less than all other counties in the 2010-2040 period (e.g., 9% housing unit growth projection for Marin County, as compared to a 27% housing growth projection for the Bay Area). SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 6 As presented in the table below, the countywide jobs and housing growth projections were distributed to the Marin communities. Please note that San Rafael represents 45% of the 2040 housing growth projection and 40% of the 2040 job growth projection for Marin County. The higher percentage projected for San Rafael is attributed to it: a) being the urban center for Marin County; and b) containing two designated PDAs. The 2040 housing growth projection for San Rafael (14%) is higher than the Marin average (9%) and the 2040 job growth projection (20%) is slightly higher than the projected average for the county (17%). Draft Plan Bay Area Jobs -Housing Pro'ections for Marin Count Jobs -Housing Connection Scenario by Bay Area Coun Coun Housing Units Em to `meat Jobs Em to rnent Jobs 2010 2010 2040' addition 0% Increase 2010 2040' addition %Increase Alameda 582,550 147,980 29% 694,450 253,190 36% Contra Costa 400,260 80,130 23% 344,920 122,080 35% Marin 111,210!, 7,510 9% 110,730, 18,390 17% Napa 54,760 6,050 15% 70,650 18,880 27% San Francisco 376,940 92,410 29% 568,720 190,740 34% San Mateo 271,050 55,700 22% 345,200 100,110 29% Santa Clara 631,930 211,190 36% 926,260 303,530 33% Solano 152,690 22,820 19% 132,350 47,560 36% Sonoma 204,580 31,870 19% 192,010 65,430 34% Region 2,785,990 660,000 27% 3,385,300 1,119,920 33% As presented in the table below, the countywide jobs and housing growth projections were distributed to the Marin communities. Please note that San Rafael represents 45% of the 2040 housing growth projection and 40% of the 2040 job growth projection for Marin County. The higher percentage projected for San Rafael is attributed to it: a) being the urban center for Marin County; and b) containing two designated PDAs. The 2040 housing growth projection for San Rafael (14%) is higher than the Marin average (9%) and the 2040 job growth projection (20%) is slightly higher than the projected average for the county (17%). ABAG/MTC has reported that every four years, the jobs and housing forecasts will be updated as part of the regular review of funding for transportation projects. Please note that for San Rafael, the projection totals include the two San Rafael PDAs. A summary of the City staff comments on the projections is provided in the Analysis section of this report, below. It should be noted that the projected, more concentrated growth that is presented in the Draft Plan will achieve the goal of housing 100% of the regional need by 2040, but would not achieve the mandated 15% reduction in the region's GHG emissions by 2040. This projected growth alone is estimated to reduce the region's GHG emissions by nine percent (9%) by 2040. In order to achieve the 15% reduction, the Draft Plan is relying on other recommended strategies (listed below under Transportation Plan and Investment Strategy). Transportation Plan and Investment Strategy This component of the Draft Plan covers the strategies for the planned regional transportation improvements/investments to support the projected growth, as well as the funding needed to achieve the improvements/investments. The Draft Plan recommends that investments be focused in four functions: a) maintaining the existing road and bridge system; b) maintaining existing transit; c) expanding the existing road and bridge system; and d) expanding transit (e.g., SMART rail service for the North Bay). In brief, the investment strategies include the following: Draft Plan Bay Area Jobs -Housing Pro'ections for Marin Count Munlci al Housing Units' Em to `meat Jobs 2010 2040 addition % Increase' 2010 2041) addition , % lncrease Belvedere 1,050 20 2% 430 50 12% Corte Madera 4,030 230 6% 7,940 320 4% Fairfax 3,590 210 6% 1,490 330 22% Larkspur 6,380 390 6% 7,190 620 9% Mill Valley 6,530 380 6% 5,980 810 14% Novato 21,160 1,060 5% 20,890 3,490 17% Ross 880 50 6% 510 80 16% San Anselmo 5,540 250 5% 3,740 610 16% San Rafael CC PDA Downtown PDA 24,010 1,990 2,610 3,390 1,040 1,380 14% 37,620 7,340 1,200 2;230 20% Sausalito 4,540 250 60% 6,220 1,420 23% Tiburon 4,030 220 5% 2,340 340 15% Marin uninc. 29,500 1,050 4% 16,380 2,980 18% Marin Total L 1111240 7,510 9% 110,730 18,390 17% ABAG/MTC has reported that every four years, the jobs and housing forecasts will be updated as part of the regular review of funding for transportation projects. Please note that for San Rafael, the projection totals include the two San Rafael PDAs. A summary of the City staff comments on the projections is provided in the Analysis section of this report, below. It should be noted that the projected, more concentrated growth that is presented in the Draft Plan will achieve the goal of housing 100% of the regional need by 2040, but would not achieve the mandated 15% reduction in the region's GHG emissions by 2040. This projected growth alone is estimated to reduce the region's GHG emissions by nine percent (9%) by 2040. In order to achieve the 15% reduction, the Draft Plan is relying on other recommended strategies (listed below under Transportation Plan and Investment Strategy). Transportation Plan and Investment Strategy This component of the Draft Plan covers the strategies for the planned regional transportation improvements/investments to support the projected growth, as well as the funding needed to achieve the improvements/investments. The Draft Plan recommends that investments be focused in four functions: a) maintaining the existing road and bridge system; b) maintaining existing transit; c) expanding the existing road and bridge system; and d) expanding transit (e.g., SMART rail service for the North Bay). In brief, the investment strategies include the following: SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 7 Funding to support focused growth and local transportation. The Draft Plan du continuing the One Bay Area Grant (OBAG) funding program to support planning for focused growth at the local level. To date, the City was successful in receiving OBAG funding for SMART "Day One" readiness improvements in Downtown San Rafael. For 2015-2016 the funds being made available to Marin is $10 million. For Marin, TAM administers this program and is required to develop a "PDA Investment y., This strategy mus[ include near-term projects that would be candidates for (]BAG funding. TAM has prepared o draft ^K8ahn Transportation Investment Strategy" to comply with this nequirement, which spans a four year period. For San Rafael, the Marin Investment Strategy recommends priority consideration for near-term projects for the Civic Center PDA (promenade improvements; North yWerryda|e Road turnaround; public parking management study for rail service and infrastructure for transit amenities and operations at the SMART station) and the Downtown PDA (Toma|poisAvenue improvamento, public plaza @4m Street and Teme|peisAvenua and potential CEC)A review for proposed General Plan and zoning amendments). Please note that the strategy does not include any near-term major planning studies for the two PDAs or San Rafael at large. The City Traffic Engineer has recommended that no major planning studies and traffic modeling be conducted until SMART is up -and -running (eat. 2015-2016). The SMART rail service will impact local intersections and arterial operations. The extent of these impacts will not be known until the rail service is in operation. 2. Fundinq to maintain and expand existinq roads, bridges and transit. Plannedmajor transportation projects in Mahn include the: n) US101 Novato "narrows" project; b) U8 101 Greenbrae Interchange; and c) SMART rail service. 3. Funding earmarked for boosting freewaV and transit efficiency (e.g., ramp metering, arterial management). Funding would besupported by"road phcing.^which would include: o)mregional express lane network that would promote high -occupancy huU (HOT) |anma' which would allow solo drivers to use a carpool lane subject hothe payment ofafee; and b\ congestion phcing, which would charge drivers o fee to drive in a congested area. Regarding the fornner, the stretch of US 10 1 from Windsor to Corte Madera has been identified as a road pricing zone. 4. Initiating and promoting climate program initiatives to reduce vehicle use, vehicle miles traveled and to encourage the purchase or leasing of more electric vehicles. Draft Plan initiatives include, among others: a) adoption of commuter benefit ordinance that would provide pre-tax benefit programs and employer-provided incentives for free shuttles and vanpools; b) car sharing; u) clean vehicle rebate program; and d)vehicle buy-back/purchaaeincentive program for plug-in or electric vehicles. The transportation plan and investment strategy portion of the Draft Plan is estimated to reduce GHG emissions for the region by8.8% by 2040. Rm000rceFrotection— Priority Conservation Areas Another key tool inthe Plan Bay Area iathe proposal hodesignate PhoritvConeenxaUunAreoa(PCAa). A PCA is a geographic area that is designated for conservation/protection because of its significant resource value to the region. Federal Surface Transportation Program (STP)funds have been mode available for the Bay Area to be used to support projects that will preserve and enhance the natunai, economic and social value ofrural |ando, including productive agricultural |anda, recreation opportunides, unique ecosystems and areas critical for climate protection. The portion of this fund that is nneda available toMarin County is$125million. In 2007. ABAG/MTC initiated the "FOCUS" process setting forth procedures and guidelines for nominating properties and projects in the Bay Area counties for PCA designation. The FOCUS process was also employed hzsolicit and designate PDAs. For Marin, 15 properties (mostly in West Marin) were nominated by a number of conservation and agricultural organizations and agencies. |tshould benoted that the |Voa| jurisdictions were not consulted on the PCA nominations. Of the 15 properties, one PCA - designated site is located in San Rafael. The ''Canm|vvoys" property in Southeast Son Rafael was nominated by the Marin Audubon Society. This undeve|oped, bay front property isapproximately SO acres, and largely contains low-lying diked bay|onda. Pie000 see the attached map (Attachment 2). which SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 8 shows that this site is bordered to the north by Baypoint Lagoon, to the east by the Bay and to the south by Home Depot/Target. Historically, the Canalways site has been identified to contain valuable habitat for special -status (rare and/or endangered) species. The Canalways site also includes a bay front levee, which is publicly -used (Bay trail access) but not improved. This stretch of levee is the sole portion of the East San Rafael shoreline trail system that is not publicly -owned and improved and provides a key link to completing the Bay Trail in this area. The Canalways property meets some of the criteria (e.g., majority of the site is designated for Conservation use in the San Rafael General Plan 2020 Land Use Plan; site provides an important link to completing the Bay Trail). However, the criteria for selection require a sponsorship by the local jurisdiction, a commitment to matching funds (1:1), and the submittal of a `statement of participation' by the property owner. This designation has been discussed with the Canalways property owner, which is summarized in the Analysis section of this staff report. The 15 PCA -designated properties have been included in the TAM -prepared "Marin Transportation Investment Strategy," which is discussed above (under Transportation Plan and Investment Strategy). The Marin Transportation Investment Strategy is to be used to administer the allocation of the $1.25 million funds. The selection process must include a matched financial commitment (50%) through local sources (e.g., Measure A sales tax proceeds, contributions from non-governmental organizations, local jurisdiction contributions). ABAG will be calling for new PCA nominations, which will include and consider the 15 designated properties referenced above. Ultimately, TAM will consider the designated PCAs and determine how the $1.25 million in funds will be distributed. Planning for Resilience- Climate Adaptation and Sea Level Rise The Draft Plan includes a very brief section addressing climate adaptation and sea level rise. As BCDC is a partner in the Plan Bay Area, the Draft Plan includes the BCDC sea level rise prediction maps and a report on Bay Area efforts to study vulnerability. Surprisingly, the Draft Plan contains very little information on this topic, but the DEIR provides somewhat more detailed information (see DEIR section below). The Draft Plan endorses and commits to regional efforts to conduct vulnerability and risk assessments, a sea level rise adaptation strategy, and the development of a Transportation Asset Management Plan to provide funding to counties and local jurisdictions. Summary of Plan Performance in Complying with SB375 According to the Draft Plan, the implementation of the transportation plan and investment strategies coupled with the projected, concentrated jobs/housing growth outlined above would result in a 10% per capita reduction in GHG emissions by 2020 (exceeds 7% target) and a 16% per capita reduction by 2035 (exceeds 15% target). Relationship of Draft Plan and SB375 to Local Jurisdiction Planning The Draft Plan, particularly the jobs and housing growth projections and RHNA elements have generated a great amount of public controversy during the Draft Plan preparation and review process. These elements have been viewed and perceived by some as a regional effort to undermine local land use control. However, the RHNA has been a State -mandate since 1981. Regardless to its linkage to Plan Bay Area, local jurisdictions have and will continue to be required to adopt a Housing Element that complies with RHNA. Regarding the 2040 jobs/housing projections, City staff has continually inquired about this critical issue and has been repeatedly told by ABAG/MTC staff that local jurisdictions are not bound by or obligated to plan for these projections, or take action to adopt the Draft Plan. In fact the Draft Plan Draft Environmental Impact Report (DEIR) includes the following statements, which confirms what we have been told by ABAG/MTC staff: "MTC and ABAG have no direct control over local land use planning. Nonetheless, regional efforts will be made through ABAG funding to assist local plan alignment with the Plan." (DEIR page 2.3-33) "Local jurisdictions have local land use authority, meaning that in the case where the proposed Plan conflicts with local zoning or specific plans, the local jurisdiction would have ultimate land use authority." (DEIR page 2.3-42) "The proposed Plan will only be implemented insofar as local jurisdictions adopt its policies and recommendations." (DEIR page 2.3-42) SAN RAFAEL CITY COUNCIL AGENDA REPORT /Pa2e;9 |ndependantly, staff has reviewed the requirements of SB 375. While the regional planning and transportation agencies are required to prepare on 8C8 (Plan Bay Area) to demonstrate a regional reduction in E)HG emissions bythe targeted dates (2820 and 2035). |ono| jurisdictions are encouraged but not required to adopt the GCS. However, |ouo| jurisdictions are required to meet the GHG target reductions of SB 32. San Rafael has prepared and adopted a GHG Emissions Reduction Strategy (part ofthe General Plan 2D2OSustainability Bement). Implementation ofthe measures inthe strategy (which assumed ear|iarABAG growth assumptions) demonstrated that San Rafael efforts would reduce GHG emissions by25Y6by2O2O(exceeding the target of1596). Adthe time ofthe preparation ofthis strategy, information was not available toforecast local GHGreductions for 2O4O. Plan Bay Area Draft Environmental Impact Report (DEIR) - March 2013 BR Pursuant to the provisions of the CEQA Guidelines, ABAG/K8TC has completed and published a Draft Environmental Impact Report (OE|R) to aaoeao the environmental impacts of the Draft Plan. The Draft Plan OE|R can be accessed at . The DER pnaaonto u region -wide assessment of the potential environmental impacts of the Draft Plan. The DE|R is prepared as a "programmatic" document (Program E|R), moaning that itreviews and assesses impacts eto broad level; it does not address or assess the impacts of individual transportation projects (e.g., TAM -sponsored o/ inter -county transportation projects) or development projects in local communities. Hovvever, in some topic areae' the DE|R provides county -by -county assessment. A Program E|R is typically used as starting point for conducting subsequent environmental review on individual projects that are broadly covered by the project (in thiouase. the Draft Plan). The impact assessments focus on the regional transportation plan and the regional land use p|an, with particular attention on concentrated development planning in the PDAs. CEQAStreamlining (8B375) While the Draft Plan DE|R provides a regional review ofimpacts, its purpose incorporates the "CE{]A Streamlining" provisions of GB375. Essentially, SB375 mandates that o Sustainable Communities Strategy incorporate environmental review streamlining provisions for assessing "Transit Priority Projects" (TPP) and certain mixed-use residential projects. ATPP is development project that: a) contains at least 5096 residential use; b) contains between 2896 and 50Y6 non-residential use and a floor area ratio (FAR) of not less than 0.75; c) provides a minimum net density of 20 dwelling units per acre; and d) is within 1/2 -mile of major transit stop (rail transit station, ferry termino|, or intersection that provides two or more bus routes providing frequent service intervals) or a high-quality transit corridor (corridor with a fixed bus service providing service intervals of no more than 15 minutes during the peak commute hours). A qualifying mixed-use residential project is one that devotes 7596 of the total building square footage to residential use. The Draft Plan includes o map of geographic areas in the region that eligible for CEC)A Streamlining. In Marin, the Downtown Son Rafael and Canal anaoo are shown to be eligible forTPPo with residential densities of greater than 20 dwelling units per acre. The NnrthQete area west of US 101 in shown tobeeligible for residential projects ofgreoterthan2Odwe||ingun|baperecn*. The streamlining provisions allow for both "exemptions" from environmental review or limited environmental n*vievv, depending upon the type ofproject and issues. In both cusea, the environmental review of a qualifying project would "tier' from the Plan Bay Area E|R. It is important to note that |ooe| jurisdictions are not obligated or required to utilize or employ the CEC>A Streamlining. The mandate for this streamlining lies with its inclusion in the 8C8 (Plan Bay Area) only. We have assumed that if local jurisdiction chooses to employ the CEC>AGtremm||ninQ set forth in this BR, it inherits having to make all of the findings required ofABAG/W1T(} in adopting the Plan Bay Area and would be required to comply with the mitigation measures identified in the Plan E|R. However, this assumption has not been confirmed and ABAG/K8TCstaff imconsulting with their CE<]/\attorney onthis issue. HeyDEIR Topic Areas and Conclusions The following is a summary of the key h)piva analyzed in the DBR that are specific to meeting the goals ofAB32and 8B375horeduce GHGemissions: 1. Transportation. The OBRdoes not analyze oridentify localized traffic and transportation issues that might be the focus of local General Plan (e.g.. LOS assessment ofintersections or arterial SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paye: 10 regional or countywide basis. At present, most local jurisdictions do not assess VMT in their General Plans. 2. Air Quality. The DEIR provides a qualitative analysis of regional air quality impacts and consistency with the Bay Area Clean Air Plan (CAP). The DEIR provides special, more localized review for "CARE" areas, which are cities/counties that have poor air quality. Marin County is not a CARE area. The DEIR proposes air mitigation measures that can be used by local agencies for CEQA Streamlining of qualified projects. Climate Change and Greenhouse Gases. The DEIR addresses regional flooding and sea level rise. As BCDC is a partner in the Draft Plan, local jurisdictions anticipated that this topic section might be more robust in content, analysis, strategy and direction. However, the Draft Plan and DEIR commit MTC, ABAG, BAAQMD and BCDC (as a Joint Policy Committee) to work collectively on: a vulnerability and risk assessment for regional transportation projects; the creation of a sea level rise adaptation strategy; and the development of a Transportation Asset Management Plan (TAMP). The TAMP would provide a template of common steps and measures that could be considered by local jurisdictions in completing local vulnerability assessments and adaptation. The DEIR includes a list of adaptive measures that could be studied and implemented by local jurisdictions, which include, but are not limited to: applying additional zoning restrictions in high risk areas (e.g., an overlay zone); establishing additional setbacks and buffers along the shoreline; raising the elevation requirement for structures; and building/raising levees, flood walls and berms. Other DEIR topic areas that have been analyzed for potential environmental impacts include: land use and physical environment; noise; geology and seismicity; water resources, biological resources; public utilities and facilities; visual resources; and cultural resources. The DEIR concludes that the adoption and implementation of the Plan Bay Area would result in 40 significant environmental impacts, which are unavoidable and cannot be mitigated to a less -than - significant level. In order for ABAG/MTC to adopt the Draft Plan, findings of overriding consideration will be required, meaning that the unavoidable impacts of the Draft Plan must be weighted against the benefits of the Draft Plan. The DEIR includes the review and assessment of five alternatives (including the Draft Plan, which is the project). These alternatives are described as follows: 1. Alternative 1- No Project. This alternative presents a 'status quo' approach, meaning the growth approach to the region would continue as it is presently planned. There would be no effort to concentrate growth in the urban, inner region through PDAs. 2. Alternative 2- Plan Bay Area (the Project). 3. Alternative 3- Transit Priority. Like the Plan Bay Area, this alternative promotes focused growth in the inner -urban core of the region. However, this alternative concentrates a greater amount of this growth in the three, more centrally -located urban areas of San Francisco, Oakland/East Bay and San Jose where there is high -frequency transit service. Less growth is projected for the region's Priority Development Areas. 4, Alternative 4- Enhanced Growth Network. This alternative is a hybrid of the Draft Plan and the No Project Alternative. Growth is focused around the Priority Development Areas but at a lower level than the Draft Plan. 5. Alternative 5- Environment, Equity and Jobs. This alternative seeks to maximize affordable housing in high -opportunity urban and suburban areas through incentives and housing subsidies. Under this alternative, less growth is focused in the Priority Development Areas, but this growth would be shifted to areas outside the PDA, in areas eligible to qualify for transit priority projects (TPP). Further, under this alternative investment priorities would be shifted from transportation infrastructure improvements (uncommitted roadway expansion projects) to the region's transit SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 11 services. This alternative proposes a VMT (vehicle miles traveled) tax, which is contingent upon State legislative approval. It should be noted that all five alternatives present jobs/housing growth projections that are very similar in range with Alternative 5 presenting a slightly lower percent of growth, particularly in the PDAs. So, there is no one alternative that would significantly reduce the jobs/housing growth projections estimated by ABAG for the region. Alternatives 1 (No Project) and 4 would not be consistent with the SB 375 as the GHG emissions reduction targets would not be met. Alternative 5 has been identified as the environmentally -superior alternative, but the resulting environmental impacts of this alternative are only marginally lower than the Draft Plan and other project alternatives. Public Review Period for Draft Plan Bay Area and DEIR The public review period for both the Draft Plan Bay Area and DEIR is 55 days. Therefore, the local jurisdictions and public must submit comments on the Draft Plan and DEIR by May 16, 2013. As we have done during the steps in the Draft Plan process, it is recommended that the City submit written comments to ABAG/MTC. The Analysis section of this report summarizes City staff review of the Draft Plan and DEIR, which should be used as a base for submitting comments to ABAG/MTC. On April 16, ABAG/MTC sponsored a public hearing on the DEIR, which was well attended. Most of the public comments submitted at this hearing focused on the Draft Plan rather than the DEIR. A public hearing on the Draft Plan was held on April 29, which was also well attended. ANALYSIS: This section focuses on City staff review and comments on the Draft Plan and DEIR. Following City Council review and direction on these comments, it is recommended that staff be directed to prepare a letter of written comments to be submitted to ABAG/MTC. The Draft Plan and DEIR were reviewed and discussed at the TAM Board meeting on April 25. The TAM Board was presented with draft letters summarizing Plan and DEIR comments compiled by TAM staff. However, the TAM Board took no action on the draft letters, instead requested that each of the Marin jurisdictions review and weigh-in on the Draft Plan and DEIR before TAM comments are finalized. Comments on Draft Plan Bay Area As we have reported, City staff has closely monitored the Plan Bay Area process, which has included continual City participation in the efforts of the Marin SCS Ad -Hoc Committee. Staff presents the following comments on the Draft Plan (relative to San Rafael): The 2014-2022 RHNA for San Rafael is reasonable and acceptable. The 2014-2022 RHNA for San Rafael is 1,004 units, which is supportable for our next Housing Element update. RHNA is structured to `start over' at each cycle. Therefore, as our currently -certified Housing Element has demonstrated that we have planned and zoned for 1,403 units, review and update of the next Housing Element may be uncomplicated. As the current economic recession has lingered, there have been few approved housing projects that have been built to occupancy. So, currently approved projects that are not permitted and built by January 1, 2014 will be credited toward meeting the RHNA in the next Housing Element update. 2. The projections for populationrq owth_presented in the Draft Plan substantially differ from the population projections recently published by the State Department of Finance (DOF). As discussed above, the DOF forecasts a 3% population growth for Marin for 2040, which is 10% lower than the ABAG forecast of 13% growth. Although DOF used a different methodology for its forecast, the difference in the projections is significant. As noted above, DOF and ABAG have agreed to work together on developing a `joint' projection for the next projections cycle (Draft Plan and projections will be reviewed in four years). It is prudent for the City to reinforce and support this coordination and track the adjustments in projections over the next four years. 3. The 2040 jobs projection growth for San Rafael is overly ambitious given built environment conditions and constrained transportation network. The 2040 jobs projection (growth of 7,340 jobs citywide) in this scenario has been reduced by 50% from the projections presented in the SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 12 earlier Alternative Scenarios. The jobs projection has been adjusted to account for recession recovery and some increase in home-based jobs. However, this lower jobs growth projection is still inflated and would equate to several million square feet in new commercial building area (even considering recession recovery). This building area equivalent is more than the amount of commercial development planned in the San Rafael General Plan 2020 (approx. 400,000 sf). This development equivalent would require major transportation and utility service infrastructure that exceeds current and planned capacity. For the two PDAs (Civic Center and Downtown), the jobs projections exceed the land use capacity that is linked to maintaining level of service (LOS) standards for our circulation network, which is adopted with the San Rafael General Plan 2020. Since 1988, the San Rafael General Plan has linked land use development with planned transportation improvements. The General Plan includes policies that are "safeguards," to ensure the planned transportation improvements must be fully funded and scheduled for implementation in coordination with land development. 4. The 2040 housing projection growth exceeds the residential capacity analysis in the San Rafael General Plan 2020. Staff has reviewed the 2040 housing growth projection of 3,390 residential units with growth projections covered in the currently -adopted San Rafael General Plan 2020 Housing Element. The Housing Element includes the results of a citywide residential capacity analysis, which analyzed potential sites and areas as opportunities for housing. The analysis demonstrates opportunities for a potential capacity of approximately 2,500-3,000 units. For the two PDAs (Civic Center and Downtown), the housing projections exceed the land use capacity that is linked to maintaining level of service standards for our circulation network, which is adopted with the San Rafael General Plan 2020. 5. The designation of the "Canalways" property as a Priority Conversation Area is reasonable and logical but the City does not have the funds to match the grant for site purchase and it does not have the support of the property owner. The Canalways site offers opportunities for biological resource protection, climate change adaptation (combating sea level rise) and transportation networking (completion of Bay Trail connection and Kerner Boulevard connection). Although the property owner was not contact during the FOCUS nomination process, recent contact was made by City staff. The property owner has indicated there is no interest in selling the Canalways site at this time (see Attachment 3- e-mail). Further, San Rafael has no funds to provide a financial match to the grant. The Canalways site is one of a number of properties in San Rafael that was studied as `potential open space' in both the San Rafael General Plan 2000 and San Rafael General Plan 2020. At one time, the City held an open space fund for purchasing land for conservation or resource protection. However, the remaining balance of this fund was used in 2000-2001 to purchase land on Gold Hill Grade (above Dominican neighborhood). At the City level, it is recommended that we take a "Wait and See" approach to pursuing subsequent, major planning efforts for the two PDAs. The SMART system is under construction with service projected to commence in 2015-2016. The City Traffic Engineer has advised that before we conduct any major planning, particularly in the two PDAs, we wait and see how the SMART service impacts our local street network and LOS conditions at signalized intersections and arterial segments. Our San Rafael General Plan 2020, which was prepared in 2004, does not analyze the local transportation conditions and impacts with SMART service. Updated traffic modeling, which is critical to land use planning will be conducted after SMART is up -and -running. The timing for this updated traffic modeling will also coincide with the timing of the next update of the Plan Bay Area growth projections (four years referenced above). Comments on the Plan DEIR As a "Program EIR," the Draft Plan DEIR provides a broad, regional assessment of environmental impacts. Staff presents the following comments on the DEIR: The primary value of this document for local jurisdiction use (e.g., for General Plan EIRs and project assessments) is in the cumulative impact assessment covering the key topic areas of transportation, air quality, and climate change/greenhouse gases. 2. Because most of the topic areas are broadly assessed, the DEIR offers limited 'tiering' value for San Rafael or for CEQA Streamlining. In fact, most of the mitigation measures and study approaches recommended in many of the topic area sections are already implemented or SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 13 employed by San Rafael as part of our current environmental review process. In addition, some of the recommended mitigation measures are more lenient than our local standards for mitigation (e.g., Plan DEIR recommends a 1:1 mitigation for impacts to wetland fill/alteration vs. a 2:1 or more mitigation by the San Rafael General Plan 2020 and City zoning). The air quality analysis is comprehensive but a bit confusing as the recommendations are at -odds with the goal of locating housing near transit. The DEIR identifies concentrated areas that would be exposed to projected, cumulative air pollutants, which in Marin includes the land areas bordering the US 101 corridor and several other major transportation corridors. The DEIR recommends a two-step approach to determining the level of study or applicability of mitigation for a "sensitive receptor" use (e.g., a residential project) that is sited near a pollutant source such as US 101. First, the DEIR reports that the Air Resources Board recommends that local jurisdictions avoid siting a sensitive receptor use within 500 feet of a freeway/highway and within 200 feet of a rail line or rail station. However, if a sensitive receptor use is proposed within this distance zone, a Risk Hazard Assessment must be prepared to determine resident exposure to health and cancer risks. As San Rafael has residentially -developed and zoned lands within close proximity to US 101 and the SMART rail line, a study of risk hazards will be critical when considering more detailed planning for the PDAs and when reviewing individual development projects. 4. The DEIR section addressing biological resources presents insufficient information for the North Bay. The maps that present critical habitat information are very detailed and species-specific for all of the Bay Area counties except the North Bay counties. Marin County contains habitat for many well-known special -status, rare/endangered species, which are not listed in the documents. While this issue is not critical for our local planning (as our General Plan is far more detailed and localized on this topic), the level of information that is provided in this DEIR for all areas of the region should be consistent. Regarding the assessment of climate change/sea level rise, the DEIR offers more expanded discussion of the strategies and partnerships presented in the Draft Plan. Further, the DEIR includes a list of suggested adaptive measures to combat sea level rise, which will be valuable to consider when a vulnerability assessment is prepared for San Rafael. Nonetheless, the analysis of this topic area, albeit an evolving science, seems inadequate and the recommended mitigation measures are not sufficient at this time for local planning. This issue is of particular concern since much of the central and Southeast San Rafael areas are vulnerable to projected sea level rise. 6. When the Notice of Preparation was published for this EIR, San Rafael requested that the availability of utilities/services be assessed, particularly water supply. The DEIR assesses utilities/services at a program level, with some general conclusions that are locally -applicable: a. Regarding water supply, the DEIR concludes: `7n general, demand management strategies allow Bay Area water agencies to continue to meet projected demand through 2030 in average years.". .. `All districts except Solano Water Agency will be able to provide adequate supplies to meet demand in a year of normal precipitation, although in doing so require some districts to acquire additional supplies." This finding raised some concern by City staff as our San Rafael General Plan 2020 (prepared in 2004) concludes that MMWD may not be able to meet the water supply needs for the current growth projected in the current General Plan. In response to reviewing the Plan DEIR, City staff contacted MMWD staff about the DEIR water supply assessment. MMWD staff has confirmed that the information in the Draft Plan DEIR is correct and accurate. MMWD has indicated that as a utility provider, they are required and obligated to provide service, meaning that as demand approaches the supply limit, alternatives are studied, considered and imposed including conservation measures or seeking other new sources for water. b. The DEIR includes a list of all of the wastewater agencies and districts in the Bay Area region, which include Central Marin Sanitation Agency (CMSA) and Las Gallinas Valley Sanitary District (LGVSD). The DEIR reports that "...all counties except (except San Francisco) should have enough existing, overall capacity to meet future projections." Staff is contacting these two agencies to confirm this conclusion. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 14 c. The OBR includes minimal discussion of potential school impacts. Specifically, the document cites AB 2826' which. by State law requires the payment ofschool impact fees to cover mitigation for increased school enrollment. The fees are used by the local school districts to build new or expand existing schools to accommodate new enrollment. 7. The Alternatives section of the DE|R has been discussed at length by the Marin planners and was akey topic ofdiscussion sdthe TAM Board meeting onApril 25. As discussed above. the OBR assesses five a|burnativoa, which include the Draft Plan (Alternative 2). All five alternatives were scoped and prepared using very similar jobs/housing projections. Alternative S has been determined to be the "environmentally superior a|harneUve." but would result in only marginally lower impacts than the Draft Plan and the other alternatives. The |oua|oities/bownm have been lobbied hotake a position on a preferred alternative. Public comment at the April 25 TAM Board meeting called for support of Alternative 1 (No Project) and Alternative 5. TAM staff had recommended that the TAM Board formally support the Draft Plan (Alternative 2) over the other 0E|R alternatives for several reasons: a) there is very little difference inthe environmental impacts resulting from the Draft Plan and Alternative 5; and b) Alternative 1 would not meet the SB 375 targets for reducing GHG emissions. Staff sees no need bntake u position on a preferred alternative. However, should the City Council decide hotake a formal position on a preferred e|tarnotive, staff suggests support for the Draft Plan as recommended by TAM staff. However, this position should be with the understanding that: a) we are not obligated or bound to adopting the Plan; and b)vvewait and see how the SMART service impacts our local transportation network. As noted, the business -as -usual approach of Alternative 1 does not achieve the GHG reduction goa|a, which is the primary purpose of SB 375 and this regional planning exercise. Furthar, from a |ooul standpoint, while Alternative 5 may offer some reduction in jobs/housing projections for our PD/\o. little would be gained an this growth would be shifted to neighboring areas that may be eligible for TPPe. 8. For K8ahn, it appears that the provisions for "CEQA Streamlining" offered by the []raft Phan and E|R may be limited. Page 59 of the Draft Plan ohovvo that the Downtown and Canal neighborhoods of San Rafael (for TPP, residential and residential mixed-use projects) would meet the criteria for eligible CEQA Etneom|ining, and portions of the NorthQate area west of US101 (for residential projects only) would be possibly eligible. However, as noted above. local jurisdictions are not bound or required to use this {}EOA Streamlining. Further, it is important to note that the exemptions from environmental review that are offered under the CEC>AGuide|ineo are discretionary. As adiscretionary action, a lead agency (e.g.. a local jurisdiction) performing environmental review could choose to not exercise an exemption if there are unique characteristics to a site, area or project that warrant completion of environmental review. For example, Downtown San Rafael contains o significant number of older buildings that may meet the criteria as o "historic nasounoe.^ which would trump a CEQA exemption or possible Conclusions Staff recommends that the some of the above comments on the Draft Plan and DE|Rbe presented in letter cfcomment hzABAG/W1TC. A draft letter has been pnepansd, which is attached (Attachment 4). If the City Council concurs with orannanda/supp|ementa staff comments, the letter will be finalized and submitted bythe comment deadline date ofMay 1S. OPTIONS: The City Council has the following options toconsider on this matter: 1� Accept Report; or 2. Direct staff to return with responses to questions ACTION REQUIRED: 1. Accept Report SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 15 ATTACHMENTS Attachment 1: AttaxJhment2 Attachment Attachment PlanBayArea.Mpt 5-6-13 Map of San Rafael Priority Development Areas (PDA) Conakwayssde-PhoritvConaenxaUonArea(PCA)designoUon E-mail from ^Conakwavo^property owner contesting the PCA designation Draft comment letter hoABAG/MTC