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AGENDA BILL Agenda Item No. Date: September 22, 2014 To: El Cerrito City Council From: Melanie Mintz, Interim Community Development Director Yvetteh Ortiz, Public Works Director Margaret Development Services Manager Subject: San Pablo Avenue Specific Plan Adoption and Environmental Impact Report Certification ACTION REQUESTED Conduct a public hearing and take the following actions related to the San Pablo Avenue Specific Plan: Adopt a r esolution certifying the Environmental Impact Report and approving the Mitigation Monitoring and Reporting Program; Adopt a r esolution amending the General Plan, to assure consistency between the Specific Plan and General Plan; Adopt a resolution approving the San Pablo Avenue Specific Plan; Waive reading beyond the title and introduce an ordinance revising the Zoning Map to incorporate the San Pablo Avenue Plan Area; and Waive reading beyond the title and introduce an ordinance revising the Municipal Code to incorporate the San Pablo Avenue Specific Plan regulations. BACKGROUND The proposed San Pablo Avenue Specific Plan (Plan) has been underway since 2007 when the former El Cerrito Redevelopment Agency and the City of Richmond undertook an effort to develop a shared vision for the future of San Pablo Avenue. (Redevelopment Agency Resolution No. 563) The Plan has aimed to achieve and develop clear and consistent guidelines to stimulate investment and achieve economic and community vitality along San Pablo Avenue. The Plan before City Council tonight represents the culmination of seven-plus years of community input and responds to issues identified by City Council at its March 7 and November 21, 2011 and November 15, 2013 study sessions to develop a Plan which focused on implementation and was reflective of contemporary land use planning strategies along transit-corridors. These strategies include increased heights and densities, lower parking minimums, and a flexible approach to mixed-use development, e.g. allowing ground floor residential in ---PAGE BREAK--- Agenda Item No. Page 2 most cases. The Plan before Council tonight incorporates a Form Based Code, a Complete Streets Plan, an Infrastructure Analysis, technical appendices and is accompanied by an Environmental Impact Report (EIR), prepared pursuant to the California Environmental Quality Act (CEQA). The collection of elements was authorized at the April 2, 2013 City Council meeting (Resolution 2013-17) and is funded by a combination of sources, including the City’s Municipal Services Corporation, the Contra Costa Transportation Authority (CCTA) Measure J/Transportation for Livable Communities and Measure J/Transit Oriented Development Access Improvements. The Multimodal Capital Improvement Program, authorized at that time, will be completed after adoption of the Plan to further implementation of the various multimodal improvements (e.g. bicycle, vehicle, transit and automobile transportation infrastructure improvements) that have been identified as needed within ½ mile of both BART stations to support the goals of the Plan. The Plan incorporates best practices and community input received through this planning effort and parallel regional and local planning processes. It directly implements a number of city goals, including: 1. 1999 General Plan Strategic Framework which includes development of San Pablo Avenue Corridor Design Guidelines and revitalization strategies for the Del Norte, Midtown and El Cerrito Plaza area among its most important strategies for accomplishing the vision for El Cerrito. 2. 2006 Economic Development Action Plan which specifies creating a consistent vision of El Cerrito’s transition to an urban lifestyle along San Pablo Avenue to attract high quality development and sustain a strong sense of community as key to achieving the City’s Economic Development goals. 3. 2013 Strategic Plan which identified the following goals and strategies: a. Attracting and maximizing opportunities for new/expanding businesses as a strategy for achieving long-term financial sustainability b. Reimagining underdeveloped and underutilized properties and encouraging use of alternative modes of transportation as strategies to deepen a sense of place and community identity c. Implementing the City’s Climate Action Plan and reducing vehicle-miles traveled through improved transit-oriented form to foster environmental sustainability 4. 2013 Climate Action Plan which identified encouraging more compact, higher density infill development along transportation corridors and increasing the local economic base as key Sustainable Community Goals to reduce overall vehicle miles travelled in the City. ---PAGE BREAK--- Agenda Item No. Page 3 The Plan also directly responds to and implements the goals of SB375, the Sustainable Communities and Climate Protection Act of 2008 and Plan Bay Area, the Bay Area’s Sustainable Community Strategy, which both call for integrating transportation and land -use planning to help the State achieve its greenhouse gas emissions targets. Finally, the Plan shares goals with the City of Richmond’s draft Livable Corridors Form Based Code which articulates the City of Richmond’s vision for creating walkable mixed-use neighborhoods consistent with its General Plan. Although the EIR before Council tonight incorporates the impacts of anticipated development in the City of Richmond within the Plan area, regulatory changes on parcels that fall within the City of Richmond will take place through Richmond’s amendment and adoption of its proposed Livable Corridors Form Based Code. Parallel Planning Efforts: In addition to directly implementing adopted City goals, the Plan is informed by and works in tandem with parallel planning and capital projects underway, including the Citywide Urban Greening and Active Transportation Plan, several phases of the I-80/Central Avenue Interchange Improvements Project, improvement to multimodal and intermodal transportation facilities at both BART stations funded through the City’s One Bay Area Grant and BART’s Caltrans Planning grant, and upcoming Safe Routes to Transit and Priority Development Area planning grants which include development of ongoing parking and transportation management strategies. The multiple planning projects underway aim to assure that the Plan’s elements are well-coordinated with partner agencies, such as AC Transit, BART, Caltrans and neighboring jurisdictions and that Plan implementation will be complemented by parallel efforts to improve overall livability for existing and future El Cerrito residents. Furthermore, the multiple planning efforts underway, and especially the proposed San Pablo Avenue Specific Plan will catalyze private investment in the area and continue to make El Cerrito competitive for outside funding to fully implement the Plan vision. During the planning process, Community Development staff hosted a workshop with developers and architects to assure the proposed Plan’s provisions achieved its goals of encouraging practical and market-friendly development. Public Engagement: Public engagement throughout the planning process has included surveys, informal interaction with staff and decision-makers, the San Pablo Avenue Advisory Committee which met from 2007-2011, and numerous public meetings and Planning Commission, Design Review Board and City Council study sessions as documented in the Plan. Public comment on the draft Plan and draft Environmental Impact Report (DEIR) was taken June 3-July 21, 2014. Responses to DEIR comments have been incorporated in the Final Environmental Impact Report (FEIR). Public comment was also received in relation to the September 4, 2014 Planning Commission consideration of the proposed Plan and entitlements and in relation to the item before Council tonight. Comments received regarding tonight’s requested action prior to September 15 are included as Attachment 7. Comments received afterwards will be distributed to City Council at the dais. Planning Commission: In addition to commenting on and being involved in previous drafts of the Plan, the Planning Commission received project updates and held study ---PAGE BREAK--- Agenda Item No. Page 4 sessions on July 17 and November 20, 2013, and July 16, 2014. At its September 4 meeting, the Commission voted 5-1 to recommend the proposed Specific Plan and associated resolutions and ordinances be adopted by City Council. Twenty members of the public spoke at that meeting, representing a range of opinions on the Plan. A number of minor changes to the Plan were requested by the Planning Commission prior to their vote, which are included in an updated Errata (Attachment Interagency-Interdepartmental Coordination: Throughout the development of the proposed Plan, the City has met with outside agencies and internal City departments to assure the Plan’s provisions met shared goals and were feasible. An ongoing Technical Advisory Committee (TAC), consisting of the City’s Police and Fire departments, Caltrans, the cities of Albany and Richmond, AC Transit, BART, Bike East Bay (formerly the East Bay Bicycle Coalition) and Contra Costa Public Health Department has been convened and will continue to meet throughout the Plan’s implementation. Below is a concise summary of each of the Plan’s elements and the EIR, as well as a summary of key issues raised during the public comment period. More detail about each of the Plan’s elements can be found in the Plan itself. Form Based Code: The Form Based Code (FBC) provides development regulations and design guidelines for new development and changes to the built environment on San Pablo Avenue. The code aims to provide clarity to those wishing to improve their properties along the Avenue while promoting quality development that meets the City’s goals for high-quality development that promotes walkability, livability and economic vitality. The Code includes several subsections, including: 1. Code Intent, Use and Administration: Includes summaries of the regulating plan and development standards; land use regulations; approval procedures and public noticing requirements. 2. Regulating Plan: Establishes the transect zones for the Plan Area which establishes building heights, parking requirements, open space and land use requirements; and Street Types which in tandem with the transect zones regulates building placement, form, articulation and character. 3. Development Standards: Illustrates and establishes building placement, form, articulation and character including sidewalk requirements, set back requirements, pedestrian and vehicle access requirements etc. 4. Supplemental Development Standards: Specifies site layout requirements and guidelines, building articulations standards, frontage types, parking, signage and landscaping standards, guidelines for sustainable design elements and public art and regulations and intent as it applies to cultural and historic resources. 5. General Public and Private Open Space Standards: Establishes public, private and common open spaces requirements for non-residential and residential projects and provides guidelines to incentivize types of open space. ---PAGE BREAK--- Agenda Item No. Page 5 Complete Streets: The Complete Streets Plan provides general direction for the design of the public right-of-way within the Specific Plan area, as well as, identifies a range of specific improvements to help transform the area into a transit-friendly, walkable and bikeable corridor while at the same time addressing congestion hot-spots for automobile traffic. In order to design for and track success of the Complete Street Plan over time, new multimodal level of service (MMLOS) metrics have been developed. The current level of service (LOS) methodology employed by the City considers only automobile delay and therefore neglects to account for the multimodal impacts of land use development and infrastructure improvement projects. The existing right-of-way and traffic volumes vary along San Pablo Avenue, and therefore the Plan calls for varying improvements throughout the length of San Pablo Avenue. For example, in some of the more constrained right-of-way widths along San Pablo Avenue, such as the Downtown and Uptown section, it will not be possible to provide optimum facilities for all travel modes. When trade-offs are necessary, the Complete Streets Plan prioritizes adding transit and pedestrian infrastructure over new bicycle infrastructure. This is due to the corridor’s importance as a transit route and as the City’s main commercial and mixed-use corridor where walking between various uses and to transit are key. While transit and pedestrian modes are prioritized in the Plan, bicycle facilities are not allowed to remain with low service levels if measures to improve them exist such as in Midtown where buffered bicycle lanes can be accommodated while maintaining acceptable levels of service for all other modes including automobiles. As a part of this process, staff has convened a Technical Advisory Group (TAG) to discuss our Complete Streets strategies. The TAG has consisted of staff from Caltrans, AC Transit, BART, Contra Costa County Health, Bike East Bay (formerly East Bay Bicycle Coalition), BART, Richmond and Albany. City staff has also been actively involved in the update to the WCCTAC Action Plan, which maintains LOS E along San Pablo Avenue, which is a route of regional significance, except within a 1/2 mile of a BART station where it defers to any MMLOS established by area specific plans. The Complete Streets improvements will be achieved through coordinated implementation by the City, private developers, regional transit agencies and Caltrans. Infrastructure Systems: The Infrastructure Systems section of the Plan identifies utility providers and infrastructure systems along the Avenue. For water, wastewater and storm drainage utilities, the Plan also provides a general review of potential limitations in the currently installed systems and recommends feasibility-level improvements and associated costs. The Plan provides general information regarding dry utilities including gas, electric and cable. Individual projects will work with the utility agencies to assess improvements needed for their connection to the systems. Where long-term capacity information is lacking, the City will partner with the agencies to seek funding to develop capacity information and identify funding to remedy deficiencies, including developer impact fees where the improvements are related to the demands of new development. ---PAGE BREAK--- Agenda Item No. Page 6 Environmental Impact Report (EIR): California Environmental Quality Act (“CEQA”) Guidelines require preparation of an EIR when a lead agency determines that there is evidence that a plan or project may have a significant effect on the environment. The City, as lead agency, determined that preparation of a program-level EIR for the Specific Plan was warranted to assure all environmental impacts were adequately analyzed, as permitted in Section 15060(d) of the CEQA Guidelines. The Draft EIR was made available for public and agency review on June 3, 2014. The Draft Environmental Impact Report (SCH #[PHONE REDACTED]) analyzed the potential environmental impacts that could result with the implementation of the Specific Plan. The CEQA-mandated 45-day public comment period for the Draft EIR ended on July 21, 2014. The comments on the Draft EIR, changes to the Draft EIR, and the written responses were incorporated into a Final EIR that was published on August 28, 2014. Copies of the Final EIR were made available at El Cerrito City Hall, on the City’s website, and at the El Cerrito Library and at Richmond City Hall and Richmond library. For every impact identified, mitigations have been proposed. There are five areas of study that were not able to be mitigated to the point that their impacts could be found to be less than significant. Due to the nature of specific plans, this outcome is not unusual. Each of these five areas are briefly discussed below and also noted in detail in Attachment 1, Exhibit B. 1. Views: Specific Plan implementation could interfere with scenic views of Mt. Tamalpais, the Golden Gate Bridge, the San Francisco skyline, the East Bay Hills, and Albany Hill from public rights-of-way (roadways and sidewalks), the two BART station platforms (El Cerrito Plaza and El Cerrito Del Norte), and areas of lower elevation hillside homes located in El Cerrito and Richmond. The mitigation states that future City decision-making actions for individual project proposals under the Specific Plan, Specific Plan Section 2.02 (Administration of Regulating Code) shall be implemented as it applies to the proposal’s potential effect on scenic vistas. Whenever a project may create this impact, the City shall require evaluation (including visual simulations, if deemed necessary) of the proposal’s visual effect as viewed from important on-site and off-site viewpoints, including public rights- of-way of east-west streets (roadways and sidewalks) and the two BART station platforms in the Specific Plan area. Adjustments to design to frame or retain partial views may be leveraged. Because the outcome of this decision-making process for any individual, future proposals cannot be guaranteed, the impact under CEQA is considered significant and unavoidable. Some loss of these views may occur as a result of any project. It is important to note that this could happen under the current Zoning Ordinance. However, because the impact cannot be precluded, mitigation to a level of insignificance is infeasible. That finding is acceptable under the California Environmental Quality Act (“CEQA”) Guidelines. The City Council will be asked to consider this issue as part of their required findings included in Attachment 1, Exhibit A. ---PAGE BREAK--- Agenda Item No. Page 7 2. Historic Resources: There may be one or more properties or features within the plan area that meet the CEQA definition of a historic resource, including properties or features already listed, or properties or features eligible for listing, in a local, State, or Federal register of historic resources. Future development projects that are otherwise consistent with the proposed Specific Plan may cause substantial adverse changes in the significance of one or more such historic resources. This is not the preferred intent of the City of El Cerrito, but it is impossible to preclude the possibility. When reviewing any individual discretionary project within the Specific Plan area that the City determines may involve a property that contains a potentially significant historic resource a recorded historic resource or an unrecorded building or structure 50 years or older) the resource shall be evaluated by City staff, and if warranted, shall be assessed by a qualified professional consultant. If, based on the recommendation of the qualified professional, the City determines that the project may have a potentially significant effect, the City shall require the applicant to implement the following mitigation measures: 1. The applicant will be strongly encouraged to retain the resource on site and integrate it into the new development in a way that is consistent with the Department of the Interior Standards. 2. If the resource cannot be retained on site, the applicant shall be strongly encouraged to move it to a new location compatible with the original character and use of the historical resource, and its historic features and compatibility in orientation, setting, and general environment shall be retained, such that the resource retains its eligibility for listing on the California Register. If neither #1 nor #2 is feasible, a project-specific EIR shall be required to ensure that the appropriate analysis is completed. This conservative approach provides the incentive for developers to integrate historic buildings into the new development in a way that does not have a negative impact on the historic resource. If a developer decides that the resource cannot be integrated into their project, they will not be able to rely on the programmatic EIR; rather, they will have to do a significant amount of additional analysis to create a project level EIR specific to their proposal. This approach makes a clear statement that it is the priority of the City of El Cerrito to preserve historic resources whenever it is feasible to do so. If a project cannot meet this goal the applicant will have to complete a focused EIR, just as they would have to do under the current code. However, because the impact cannot be precluded from occurring, mitigation to a level of insignificance is infeasible. That finding is acceptable under the California Environmental Quality Act (“CEQA”) Guidelines. The City Council will be asked to consider this issue as part of their required findings included in Attachment 1, Exhibit A. 3. Noise and 4. Vibration: Businesses and residences would be intermittently exposed to high levels of noise and vibration throughout the 2040 plan horizon during construction. ---PAGE BREAK--- Agenda Item No. Page 8 A list of constraints and conditions have also been incorporated into the mitigations that will lessen the effects identified in the EIR, although not to a level of insignificance. Even with the mitigation measures it may not be possible to avoid some noise disturbance as well as the use of pile drivers, vibratory rollers, and tampers entirely during construction. Due to the density of development in the area, some of these activities may take place near sensitive areas. In these cases, the mitigation measures listed above may not be sufficient to reduce noise and groundborne vibrations below a level of significance. Because the impact cannot be completely avoided, mitigation to a level of insignificance is infeasible. That finding is acceptable under the California Environmental Quality Act (“CEQA”) Guidelines. The City Council will be asked to consider this issue as part of their required findings included in Attachment 1, Exhibit A. 5. Cumulative Traffic Impact at San Pablo Avenue/Cutting Boulevard: Cumulatively, the Plan may have an impact, relative to the City’s current LOS standard of D, at San Pablo Avenue/Cutting Boulevard, which would fall from LOS D in the Cumulative No Project case to LOS E in the Cumulative with Project case. Adoption and full implementation of the San Pablo Avenue Specific Plan/Complete Streets Plan is projected to reduce auto trips relative to the baseline assumption in the impact analysis, which would reduce this impact to a less-than-significant level. However, because the projected mode shift cannot be guaranteed, and adoption of the proposed new multi-modal LOS goals as defined in the draft plan cannot be assured, the City cannot determine with certainty that this mitigation measure would reduce the potential cumulative traffic impacts to a less-than-significant level. Because the impact reduction cannot be completely guaranteed, mitigation to a level of insignificance is infeasible. That finding is acceptable under the California Environmental Quality Act (“CEQA”) Guidelines. The City Council will be asked to consider this issue as part of their required findings included in Attachment 1, Exhibit A. Issues The major issues raised by the public in response to the proposed Plan concern traffic, height and parking. Below is a summary of the major concerns staff has heard, and a response from staff on how the issue is addressed in the Plan, its implementation and parallel efforts. 1. Building Height: The increased height limits are too tall causing significant shading or canyon effect on San Pablo Avenue. Staff Response: Height limits will increase from 35 feet to as high as 65 feet in the Downtown and Uptown areas and 55 feet in the Midtown area for market priced housing in El Cerrito. The height limit on parcels in the City of Richmond in Midtown will be based upon Richmond’s proposed Livable Corridors T4 Main Street standards of 3 stories. Richmond parcels Uptown and Downtown will correspond to T5 Main Street, which allows buildings up to 55’ (and 85’ in some areas.) ---PAGE BREAK--- Agenda Item No. Page 9 Current El Cerrito code typically allows a maximum height of 35 feet, with up to 65 feet if certain incentives were included in the project objectives. The proposed Plan allows for up to 65 feet (Midtown) and 85 feet (Uptown and Downtown) for projects that qualify for a density bonus in compliance with State density bonus regulations. (Current heights on San Pablo Avenue are a range, including Civic Plaza Apartments (35 ft), Del Norte Place (53 ft) and the Eskaton Hazel Shirley Manor (40 ft). City Hall is 50 feet at its highest point.) The proposed increase in heights are in response to both the desire to increase housing along transportation corridors and issues of development feasibility, as documented in the El Cerrito Development Feasibility Analysis presented to Council at its November 21, 2011 meeting. In addition, financial proformas that the City has reviewed for potential development projects as well as numerous Bay Area studies have informed the discussion on the topic. Anticipated rents, the cost of construction and other variables would be unlikely to result in much new construction along the San Pablo Avenue if market rate development continues to be capped at 35 feet. However, it is also important to note, that the proposed Plan will not result in all new buildings being built to the maximum, due to parcel size constraints and those imposed by the proposed Form Based Code, such as shade limitations and daylight plane requirements for adjacent residential parcels. The Plan also limits of buildings, requires mid-block connections, and other provisions that aim to result in an environment which is actually more human-scaled and livable than what is experienced today on San Pablo Avenue, even though some building heights exceed 35 feet. Finally, the proposed Plan and EIR call for an additional 1,706 units to be built over the next decades along the entire stretch of San Pablo Avenue. The change will be gradual and new development will not take place on every parcel. In fact, it is hoped that the new development will help stimulate business and reinvestment in existing businesses. 2. Traffic. The result of adding 1,706 new dwelling units and adding infrastructure for bicycles to the area will make an already challenging vehicle environment, worse. Staff Response: Local and national studies have found that mixed-use and transit- oriented neighborhoods generate fewer automobile trips and therefore reduce traffic impacts relative to single-use suburban development. These types of neighborhoods make walking safe and convenient, and are near developments that allow residents and workers to drive less. While the automobile level of service (LOS) analysis shows that congestion and delays are projected to increase with the Plan due to the land use development included in the Plan and a small increase in regional traffic along San Pablo Avenue, the resulting peak hour service levels are generally projected to be at LOS D or better, the current City standard, with one exception (San Pablo Avenue/Cutting Boulevard in the Cumulative [2040] Plus Project case.) In addition, the projected mode shift of seven percent (from automobiles to transit, pedestrian and bicycle mode) that can be achieved with implementation of the Plan-- i.e., all of the bicycle, pedestrian and transit policy and infrastructure improvements that together will support and promote alternatives to the automobile – would further ---PAGE BREAK--- Agenda Item No. Page 10 reduce traffic impacts. The Specific Plan would result in safer conditions for bicyclists and pedestrians, and a streetscape design that would better serve all travel modes - in particular buses, pedestrians, and bicyclists - while still accommodating vehicles and reducing conflicts between travel modes. Finally, the City is working with neighboring and regional agencies on additional efforts outside the Plan area, including the I-80/Central Avenue Interchange Improvement Project, to ameliorate existing traffic problems. 3. Parking. There will not be enough parking. I live in the hills/cannot bicycle/walk and/or there is no adequate bus service. I will not be able to find parking. Staff Response: On-street parking is considered an important amenity and will largely be preserved except for potentially along a few blocks between Potrero to Hill and Cutting Boulevard to Wall Street where a bike lane is proposed. During detailed design, it will be determined in this location whether Super Sharrows (that preserve parking) or a bicycle lane is the preferred option. The proposed buffered- bike lane and bus-platforms, aim to maintain the same amount of on-street parking that there is today. Studies on the topic indicate that aside from near the two BART stations, both on-street and off-street parking along San Pablo Avenue is largely underutilized. By requiring the appropriate amount of parking in new development, the land available for housing and commercial development is optimized. Existing off-street parking will remain unless and until a new project application is approved. As a component of Specific Plan implementation, the City will continue to develop parking and transportation demand management programs, as called for in the 2011 El Cerrito Parking Study as well as numerous regional publications, in order to assure that adequate parking is available. The largest impact to local parking is from the BART riders. The City will continue to work with BART to manage the impacts of this parking. Development fees proposed to implement the San Pablo Avenue Specific Plan, also under consideration tonight, will help fund new and ongoing parking and transportation demand management programs. ANALYSIS Actions before Council tonight include: Certification of the Environmental Impact Report, Adoption of a Mitigation Monitoring and Reporting Program and Approval of a Statement of Overriding Consideration City Council, using its independent judgment must consider the findings and conclusions of the EIR (as discussed above and in Attachment 1, Exhibit A certify that the EIR compies with CEQA, and adopt the Mitigation Monitoring and Reporting Program (MMRP). See Environmental Considerations below and Attachment 1 for additional details about CEQA for the proposed Plan. ---PAGE BREAK--- Agenda Item No. Page 11 General Plan Amendment Although technically a General Plan Amendment is required for the adoption of the Specific Plan, the Plan is consistent with the spirit and intent of most of the existing goals and policies identified in the General Plan for to the San Pablo Avenue corridor. For example, in the Strategic Framework Section; there are seven Primary Action Strategies identified “as the most important steps to accomplishing the vision for El Cerrito”. The Plan completely implements Strategy 5: The San Pablo Avenue Corridor Design Guidelines. It provides significant guidance towards fulfilling Strategy 1: Del Norte Area Transportation Access/Land Use Strategy, Strategy 2: Adopt a Midtown Area Revitalization Strategy, Strategy 3: Adopt the El Cerrito Plaza Revitalization Strategy, and Strategy 6: Create a Green Infrastructure Initiative by laying out a vision for context sensitive development strategy that affords a balance of building intensity, open space creation, historic preservation and commercial vibrancy. It also forwards the goals of Strategy 7: Create a Community Collaboration Initiative by raising the bar for public outreach in terms of notification methods and time and for instituting early review of complex projects. Many of the goals and policies found in the Community Development and Design, the Housing Element and the Transportation and Circulation Chapters are also being fulfilled by the Plan. Please reference the General Plan for specific details. The changes to General Plan address the metrics that it uses to measure intensity and growth. This includes references to Density and Floor Area Ratio, (FAR) and a switch from the current automobile Level of Service standard (LOS) of D to an automobile LOS E along with Multimodal Level of Service (MMLOS) standards for transit, pedestrian and bicycle uses. Traditionally, density and FAR are ways that planners used to describe and quantify the amount of housing units in an acre and overall building intensity. Instead of using those more indirect building form controls, FBC uses building form regulation to control the configuration, features and architectural aspects of projects as they relate to the public realm. The MMLOS is a way of evaluating the impacts of development projects and street infrastructure projects on all modes of transportation. While LOS reviewed only the impacts on motor vehicles, MMLOS adds metrics to consider pedestrians, bicyclists and transit. By allowing the measurement of all of these modes of transportation, it allows staff and city decision makers to make improvements that will serve all users of the Plan area. It is the goal of this Plan to allocate the highest level of service to transit and pedestrian uses while the automobile level of service standard is mildly decreased. The motor vehicle is a primary mode of transportation in our city. The Plan notes that fact and ensures that it will continue to be able to provide ample parking and ease of use for all vehicles. The MMLOS standards allows other users needs to be measured and addressed. Staff believes that is appropriate to amend the General Plan for the Plan area to adhere to the practices of FBC and MMLOS. It is in the public interest because it adopts context- sensitive regulations to be applied throughout the Plan area. Please see Attachment 2 to ---PAGE BREAK--- Agenda Item No. Page 12 review the complete set of findings on this issue. Zoning Ordinance and Map Amendment The existing Zoning Ordinance and Map are required to be physically amended to reflect the new Plan Area. This action is often called rezoning. The Plan itself will be added to the El Cerrito Municipal Code as Section 19.15 as the San Pablo Avenue Specific Plan Special District. The existing Municipal Code shall remain in full effect throughout the city limits. Inside the Plan Area, the Specific Plan shall take precedence over the Zoning Ordinance. If the Plan is silent on any issue, the underlying zoning regulations still govern. For example, any definition not found in the Plan but exists in the zoning regulations, that definition is valid for the Plan Area, as well. All existing specifications related to the construction and installation of structures and infrastructure shall continue to comply with the rules, regulations and requirements of the City of El Cerrito. Nothing in the San Pablo Avenue Specific Plan Special District should be interpreted to preclude the application and enforcement of other state and federal laws, including but not limited to the California Environmental Quality Act, the California Building Standards Code (as amended by local resolution), the California Fire Code, the Permit Streamlining Act, the California Density Bonus Law and the C.3 requirements of the California Regional Water Quality Control Board’s Municipal Regional Permit. Attachment 4 and 5 provide the legal steps for this entitlement. STRATEGIC PLAN CONSIDERATIONS The City’s strategic plan articulates the mission of the City to serve, lead and support our diverse community by providing exemplary and innovative services, public places and infrastructure, ensure public safety, and create an economically and environmentally sustainable future. The SPASP directly implements several of the goals and strategies, and is consistent with the overall Strategic Plan. The primary goals and strategies furthered by the SPASP include: Goal B: Achieve long-term financial sustainability o Attract and maximize opportunities for new/expanding businesses Goal C: Deepen a sense of place and community identity o Re-imagine underdeveloped and underutilized properties through advance planning efforts that encourage investment and/or new development o Encourage use of alternative modes of transportation to connect people and create a sense of community Goal F: Foster environmental sustainability citywide o Implement the City’s Climate Action Plan, including: Reducing vehicle miles traveled (by creating a well connected, pedestrian, bicycle and transit-oriented urban form that will make it easier for residents and visitors to leave their car behind ---PAGE BREAK--- Agenda Item No. Page 13 ENVIRONMENTAL CONSIDERATIONS Calif o rnia E n vi r on m en t a l Q u a l i ty Act ( “ CEQA ” ) G u id e l in e s re q u i r e p re pa rat i o n o f a n EIR w he n a le a d a g en cy de t e r m i ne s t h a t t he re is e v id en ce t ha t a p l a n o r p roject ma y ha v e a si g n i f ica n t e f fe ct on the environment . T h e City prepared a n EIR S e cti o n pursuant to 15060(d) of the CEQA Guidelines. On April 4, 2014 , the City circulated a Notice of Preparation (“NOP”) for 30 calendar days to help identify the type of impacts that could result from the Specific Plan, as well as potential areas of controversy. On June 3, 2014, the Draft EIR was made available for public and agency review. Th e 45-da y pub l i c c ommen t per iod fo r th e Dr a ft E IR ende d o n July 21, 2014. All c ommen ts o n th e Dra f t E IR con c e rn in g env i ronmen t a l issu e s rec e i ve d du r in g t h e pub l i c c ommen t pe r io d we re eva lu a t e d an d res ponde d t o in w r iting b y th e City a s th e Lea d Agency in accordance with Section 15088 of the CEQA Guidelines. On August 28, 2014, t h e c ommen ts o n th e D raf t EIR, change s to th e Dr af t EIR, an d th e written responses were incorporated into a Final EIR and released to the public. On September 4, 2014 the P la nnin g Com m iss io n , hav ing fu l l y re v i ewed , c on sid ere d an d eva lu a t e d a ll th e te sti mon y an d ev id en ce s ubm it ted , vo t e d a f f i rma ti ve ly t o rec ommen d to the City Council to find that the Final EIR was prepared in compliance with CEQA. FINANCIAL CONSIDERATIONS There are no direct costs associated with the action requested tonight. Costs associated with processing development applications under the proposed Plan will be paid for through the San Pablo Avenue Specific Plan application fee s , also under consideration tonight. Costs associated with ongoing Plan implementation, maintenance and monitoring will be partially paid for by the proposed San Pablo Ave Specific Plan Maintenance fee, also under consideration tonight. Additional funds for ongoing Plan implementation will be sought by grants and conducted as a part of the normal operating budget of the City. Costs associated with development and implementation of Complete Streets will largely, if not entirely, be funded by outside grants and developer contributions and would not be appropriated until subsequent City Council decisions are made, e.g. to approve a design and award a contract. Costs associated with infrastructure needs for new development will be paid for by new development. New revenues are anticipated as a result of the action in the form of Planning and Building fees, Plan Maintenance fees and increased sales tax and property tax revenues that would result from new commercial and residential development and increased economic activity. LEGAL CONSIDERATIONS None. The City Attorney has reviewed all of the documents, resolutions and ordinances associated with the action requested tonight. ---PAGE BREAK--- Agenda Item No. Page 14 Reviewed by: Scott Hanin, City Manager Attachments 1) Attachment 1 Draft Resolution Certifying the Environmental Impact Report, Adopting a Statement of Overriding Considerations, and Adopting a Mitigation Monitoring and Reporting Program a. Exhibit A: Findings Required Under the Californian Environmental Quality Act b. Exhibit B: Mitigation Monitoring and Reporting Program 2) Attachment 2 Draft Resolution to approve the General Plan Amendment a. Exhibit A Amended General Plan Text b. Exhibit B General Plan Map 3) Attachment 3 Draft Resolution to Adopt San Pablo Avenue Specific Plan a. Draft San Pablo Avenue Specific Plan, dated August 2014 (Under Separate Cover) 4) Attachment 4 Draft Ordinance to approve Rezoning Properties in the Plan Area a. Exhibit A: List of Property Owners b. Exhibit B: Zoning Map 5) Attachment 5 Draft Ordinance Amending Title 19 of the Municipal Code 6) Errata (Dated September 11, 2014) 7) Public Comment received since the date of the Planning Commission meeting (September 4, 2014) 8) San Pablo Avenue Draft and Final Environmental Impact Reports and Mitigation Monitoring Program. (Collectively the EIR) (Under Separate Cover)